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HomeMy WebLinkAboutCity Council - 11/18/2003 AGENDA EDEN PRAIRIE CITY COUNCIL TUESDAY,NOVEMBER 18,2003 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 Jennifer Inz and Council Recorder Theresa Brundage I. ROLL CALL/CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION 14 ; t.: IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS V. MINUTES A. SPECIAL WORKSHOP HELD TUESDAY,OCTOBER 14,2003 (p. 1) B. COUNCIL WORKSHOP HELD TUESDAY,OCTOBER 21,2003 (p. 3) C. CITY COUNCIL MEETING HELD TUESDAY,OCTOBER 21,2003 (p. 5) VI. CLEAN INDOOR AIR TASK FORCE RECOMMENDATIONS (p. 21) VII. CONSENT CALENDAR • - A. CIMA LABS by CIMA Labs, Inc. 2nd Reading for Planned Unit Development District Review on 9.47 acres;Zoning District Amendment within the 1-2 District on 9.47 acres, and Site Plan Review on 9.47 acres. Location: 10000 Valley View Road. (Ordinance for PUD District fieview,Zoning District Amendment,Resolution for Site Plan Review) (p. 23) .. . .. .- B. EDENVALE VILLAS by Brenshell Development Corp. 2nd Reading for Planned Unit Development District Review with waivers on 5.01 acres, and Zoning District Change from Rural to R1-9.5 on 5.01 acres. Location: 6525 Birch Island Road. (Ordinance for PUD District Review,Zoning District Change) (p. 43) C. EAGLE RIDGE AT HENNEPIN VILLAGE by Pemtom Land Company. 2nd Reading for: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, and Site Plan Review on 48 acres. Location: North of Highway 212, east of Spring Road. (Ordinance for PUD District Review, Zoning District Amendment,Resolution for Site Plan Review) (p. 61) CITY COUNCIL AGENDA November 18, 2003 Page 2 D. ADOPT RESOLUTION APPROVING FINAL PLAT OF EMERSON PROCESS MANAGEMENT ADDITION(p. 79) E. ADOPT RESOLUTION APPROVING FINAL PLAT OF EDENVALE VILLAS (p. 82) F. ADOPT RESOLUTION APPROVING FINAL PLAT OF EAGLE RIDGE AT HENNEPIN VILLAGE TWO (p. 851 G. ADOPT RESOLUTION APPROVING FINAL PLAT OF BRYANT LAKE VIEW SECOND ADDITION(p. 88) H. ADOPT RESOLUTION APPROVING REGISTERED LAND SURVEY OF 73.0 ACRES INTO FIVE TRACTS,HENNEPIN VILLAGE RLS (p. 91) I. APPROVE CHANGE ORDER NO. 1 FOR HILLCREST/ALPINE STREET RECONSTRUCTION PROJECT,I.C..98-5471 (p. 94) J. APPROVE PROFESSIONAL SERVICES AGREEMENT FOR HIDDEN PONDS TRAIL AND POND IMPROVEMENTS PROJECT, I.C. 03-5606 (p. 96) K. ADOPT RESOLUTION AUTHORIZING PREPARATION OF A FEASIBILITY REPORT FOR HIDDEN PONDS TRAIL AND POND IMPROVEMENTS,I.C. 03-5606 (p. 103) VIII. PUBLIC HEARINGS /MEETINGS A. MEADOWCROFT by Nickel Land Company for Planned Unit Development Concept Review on 14.6 acres,,Planned Unit Development District Review with waivers on 7.08 acres, Zoning District Change from Rural to R1-22 on 7.08 acres, and Preliminary Plat of 14.6 acres into 4 lots and 2 outlots. Location: 9950 Dell Road. (Resolution for Concept Review,Resolution for Preliminary Plat, Ordinance for PUD District Review,Zoning District Change) (p. 105) B. PROPOSED LIQUOR LICENSE FEE INCREASE (RESOLUTION) (p. 119) IX. PAYMENT OF CLAIMS X. ORDINANCES AND RESOLUTIONS A. PROPOSED LAYOUT FOR I=494 IMPROVEMENTS FROM TH 5 TO I-394, I.C. 02-5553 (RESOLUTION) (p. 133) CITY COUNCIL AGENDA November 18, 2003 Page 3 XL PETITIONS,REQUESTS AND COMMUNICATIONS A. ARCHERY RANGE PETITION (p. 140) B. BRUNSWICK REQUEST FOR CODE CHANGE (p. 151) XII. REPORTS OF ADVISORY BOARDS & COMMISSIONS XIII. APPOINTMENTS A. REPRESENTATIVE AND ALTERNATE TO LOGIS BOARD OF DIRECTORS (p. 153) XIV. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER' 1. Eden Prairie Center City Space 2. Vikings Stadium Update C. REPORT OF MANAGEMENT AND BUDGET DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Proposed Changes to Jean Harris Memorial Bridge (p. 154) 2. Proposed Tribute to Charlotte Bruening (p. 157) E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL WORKSHOP/FORUM TUESDAY,NOVEMBER 18,2003 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. 2004/2005 CAPITAL IMPROVEMENT PLAN IV. OTHER TOPICS Council Chamber V. OPEN FORUM(Scheduled participants, 6:30-7:00 p.m.) VI. OPEN PODIUM (Unscheduled participants, 6:50-7:00 p.m.) VII. ADJOURNMENT UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL SPECIAL WORKSHOP TUESDAY, OCTOBER 14,2003 CITY CENTER 5:30 P.M.,HERITAGE ROOM H CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher,Ron Case, and Jan Mosman, and Philip Young CITY STAFF: City Manager Scott Neal, Public Works Director Eugene Dietz, City Engineer Al Gray,Assistant City Engineer and Recorder Lorene McWaters MNDOT STAFF: Lisa Freese,MnDOT Area Manager; Jon Chiglo, Highway 212 Project Manager I. CALL MEETING TO ORDER Mayor Tyra-Lukens called the meeting to order at 5:30 p.m. II. TH 212 DESIGN BUILD PROCESS PRESENTATION BY MNDOT MnDOT Project Manager Jon Chiglo reviewed the project timeline. He said MnDOT has scheduled an open house for the TH 212 project at City Center at 5:00 on October 28. The current schedule calls for MnDOT to issuerthe project RFP to short-listed bidders on June 25, 2004. MnDOT must have all necessary approvals before that date. Once the RFP is issued,MnDOT will be committed to paying$500,000 to each design team that develops a proposal. Chiglo said it will take up to eight weeks for the selection committee to analyze proposals. The committee will be assigning"best value"scores to each proposal, and the firm with.the highest score will be awarded the project. "Best value"is based on the cost estimate divided by,the technical score assigned to the proposal by the selection committee. The final result will not be known until February 4, when bids are unsealed. MnDOT will:begin the process of asking impacted communities for municipal consent beginning in December. Chiglo said he does not foresee major issues in gaining municipal consent from each community. Chiglo said this type of project requires"co-housing"of individuals representing all involved organizations (i.e.,MnDOT,the City, etc.) in an office near the actual construction site. He said this enhances and speeds upthe decision making process. Dietz said one constraint the Council will stipulate,in its municipal consent agreement is that the Eden Prairie portion of the construction must be started and finished consecutively, and not left uncompleted out while other portions are under construction. MnDOT Area Manager Lisa Freese said MnDOT plans to submit municipal consent packages to the impacted communities on December 1. The City will then have 90 days to make a decision on consent. This would put a public hearing on the Council's agenda for the January 20,2004,meeting. Freese said the open houses MnDOT is holding in this fall will help them identify any issues that may arise and cause problems in obtaining municipal consent. She said MnDOT is willing to facilitate another round of open houses in January,if necessary. In the event communities are unable to agree on municipal consent, State statutes call for the Lt. Governor to assign representatives for each party to conduct an appeal process. Councilmember Butcher asked how many people would be notified of the public hearing. Freese said an estimated 2,000 letters will be sent out for the entire project area in four communities. Freese noted that information about the project will also be available on the MnDOT website. Chiglo said that although the construction plan calls for a depressed roadway,recent modifications have raised the road profile by an average of 5 feet. MnDOT estimates it will save$5 million in construction costs in Eden Prairie alone by raising the profile. Since the roadway will be depressed,there will be an excess of fill material,which MnDOT plans to use for berm construction. These berms will act as sound barriers along the roadway, even in some areas that don't qualify to noise mitigation measures according to MnDOT standards. Chiglo noted that while berms are very effective noise mitigation tools,they are not often used because of right-of-way constraints. Mayor Tyra-Lukens said she is concerned that people may object to taking out trees to accommodate berming. Chiglo said MnDOT will work with City staff to address this concern. Councilmember Case said he has heard talk in the community about the construction disturbing underground water levels. Chiglo said groundwater studies show there could be some slight settling of homes as.a result of the construction,but Mitchell Lake itself should not be affected.:, .,: ,;, Chiglo reviewed other changes to the previously approved plan. The folded diamond design at Dell Road has been changed to a standard diamond design to avoid disturbing a wetland that is hydraulically connected to a cranberry bog. The bridge at Shoreline Road has been eliminated. A park access road off of Glenwood Court is currently planned. Scenic Heights road will curve down to intersect with Dell Road in order to allow for the proper distance between intersections. This means Scenic Heights will loop behind a tier of homes located in the Big Woods. A pedestrian overpass will be built at Shoreline Drive. Dietz said staff has reviewed the revised concept plan and supports it. MnDOT's preliminary cost estimate projects that the City of Eden Prairie's local share of the cost will be about$1.2 million. MnDOT staff reviewed cross sections showing the previous and current plans with Council. III. ADJOURNMENT The meeting was adjourned at 6:40 p.m. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL WORKSHOP/FORUM TUESDAY,OCTOBER 21,2003 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, Jan Mosman, and Philip Young CITY STAFF: City Manager Scott Neal,Deputy Police Chief Rob Reynolds,Fire Chief George Esbensen,Public Works Director Eugene Dietz,Director of Parks and Recreation Bob Lambert, Housing and Human Services Manager Molly Koivumaki, Assistant to the City Manager Michael Barone, City Attorney Ric Rosow, and Recorder Lorene McWaters Heritage Room II I. CALL MEETING TO ORDER II. APPROVAL OF AGENDA III. EDEN PRAIRIE CENTER SPACE Neal said that in 1999,when the Eden Prairie Center renovation was started, General Growth Corporation agreed to provide the City with approximately 4,500 sf of unfinished space in the mall. The agreement stated that the space would revert back to General Growth if the City did not develop the space within five years. Staff has looked at potential ways to use the space,but no,formal plan was developed until earlier this year. At that time, unused Community Development Block Grant(CDBG) funds were identified as a potential source of funding for finishing the space. If the use of these funds is approved,the space will be finished to provide public service programs aimed at low/moderate income people and immigrant members of the community. Under CDBG rules,49 percent of programs offered in the space can be for non-low and moderate income individuals. Housing and Human Services Manager Molly Koivumaki provided details of the proposed design,which was prepared by Wilkus Architects. She said the space will accommodate classrooms, a private office, a resource area, and a large open space. Moveable walls will separate the classrooms so they can be opened to create a larger meeting space. A small office for use by Eden Prairie Police will be included in the space. She said staff feels this is an ideal spot for human services agencies providing services to the community because it is on the bus line and is within walking distance of some of the low income housing complexes. Staff believes the site can also serve as a polling place during elections. The City will be responsible for maintenance and operating costs,which are estimated to be around$25,000 per year. Koivumaki said staff is still working on details of a room reservation process and a rental fee structure. 3 Koivumaki and Barone have met with EP Center officials and received positive comments on the plan. She said General Growth's main concern is that the space not be used for political activities. The plan must also be approved by General Growth's headquarters office in Chicago. In order for the CDBG funds to be reprogrammed from housing to human services,the City Council must hold a public hearing(which is scheduled for the regular Council Meeting later tonight). A 30-day comment period follows this hearing. City staff will then present the proposal to the Hennepin County Board for consideration. Mayor Tyra-Lukens said converting the mall space to a human services site will fill a lot of needs in the community. She said setting a rental fee schedule maybe challenging because while the City must charge for use,they want it to be affordable. City Manager Neal said Hennepin County will be able to provide guidance on a fee schedule. IV. OTHER TOPICS A. C.H.ROBINSON LEASE NEGOTIATIONS City Manager Neal and City Attorney Rosow updated Council on lease negotiations with C.H. Robinson(CHR). CHR's current lease expires on January 31, 2005. Neal noted that lease revenues from CHR are a major source of income for the City, and the two parties have discussed negotiating a new lease over recent months. Late last week, CHR indicated they needed to conclude the negotiations quickly, or they would terminate talks and plan to move elsewhere. Neal said City staff and CHR staff met all day Monday, October 20, to work out details of a proposed agreement. Neal said CHR was scheduled to take the proposed lease to its board of directors this morning,but he has not heard the outcome. Rosow explained that the proposed lease is a result of stripping the existing lease and its many amendments of problematic and/or conflicting provisions. Neal said parking is a huge issue for both parties. Under the new agreement, all of the tenants (the City, CHR, and the School District)will have exclusive parking areas. CHR will have the right to build an access way to Scenic Heights Road, which will all provide additional parking spaces for their employees. The new lease rate is $4.79/ft. with 2.5 percent annual increases and two five-year options. Neal said our real estate consultants believe this is consistent with the current market rate because it is a"tenants market" at the moment. Neal said the Council is being asked to convene a meeting of the HRA as part of their regular meeting to provide initial approval for the agreement. Council Chamber VI. OPEN FORUM(Scheduled participants, 6:30-7:00 p.m.) There were no scheduled participants. VII. OPEN PODIUM (Unscheduled participants, 6:50-7:00 p.m.) No one requested to speak at Open Podium. VIH. ADJOURNMENT 4 UNAPPROVED NIINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, OCTOBER 21,2003 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. All members were present. 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. Open Forum is reserved for scheduled participants. She said 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. In addition,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,preferably those not on that night's agenda, from 6:50 to 7:00 p.m. immediately following Open Forum. She said Open Forum and Open Podium are not recorded or televised. The City Council reserves the right to adjust the time allocations for Open Forum and Open Podium. She asked those with questions about the process or procedures of Open Forum or Open Podium to please contact the City Manager's office. IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Neal requested adding a short meeting of the Housing and Redevelopment Authority during a recess of the regular Council meeting under XIII.B. REPORT OF CITY MANAGER. In addition,Neal requested a brief discussion on the proposed November 4 City Council Meeting. Under XIII.A., REPORTS OF COUNCILMEMBERS, Case added discussion on looking for a possible MAC land site for a program called We Can Ride. Case also requested discussion on whether staff should issue a written response to issues raised in the Star Tribune on Monday. 5 CITY COUNCIL MINUTES October 21,2003 Page 2 MOTION:Butcher moved, seconded by Young,to approve the Agenda as published and amended. Motion carried 5-0. V. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, OCTOBER 7,2003 Case stated that at the bottom of Page 2,his statement was incomplete and should have read"...cautioned that Council needs to be picky about what they place on a ballot before the public." MOTION: Young moved, seconded by Mosman, to approve as published and amended,the Minutes of the City Council Workshop held October 7, 2003. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY, OCTOBER 7,2003 MOTION: Butcher moved, seconded by Mosman, to approve as published the Minutes of the City Council Meeting held October 7, 2003. Motion carried 5-0. VI. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. EMERSON PROCESS MANAGEMENT ADDITION by Rosemount Inc. 2nd Reading for Planned Unit Development District Review on 58.89 acres, and Rezoning from Rural to I-5 on 9.2 acres. Location 12001 Technology Drive. (Ordinance No. 28-2003-PUD-15-2003 for PUD District Review,Zoning District Change) C. APPROVE SECOND READING OF ORDINANCE NO. 30-2003 AMENDING CITY CODE SECTION 9.05 ADOPTING THE MINNESOTA STATE FIRE CODE AND ADOPT RESOLUTION NO. 2003-147 APPROVING SUMMARY ORDINANCE D. APPROVE SECOND READING OF ORDINANCE NO. 31-2003 AMENDING CITY CODE SECTION 10.01 ADOPTING THE MINNESOTA STATE BUILDING CODE AND ADOPT RESOLUTION NO. 2003-148 APPROVING SUMMARY ORDINANCE E. APPROVE CHANGE ORDER#2 FOR PHASE II SITE IMPROVEMENTS TO PURGATORY CREEK RECREATION AREA FOR AMERICAN LIBERTY CONSTRUCTION F. AUTHORIZE APPLICATION FOR 2003-2004 WINTER SEASON USAGE OF LRT TRAIL CITY COUNCIL MINUTES October 21,2003 Page 3 MOTION:Young moved, seconded by Case,to approve Items A-F of the Consent Calendar. Motion carried 5-0. VII. PUBLIC HEARINGS/MEETINGS A. COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (RESOLUTION NO. 2003-149) City Manager Scott Neal said official notice of this public hearing was published in the September 18,2003,Eden Prairie Sun Current. He said CDBG funds were historically used to assist developers to include low income units in new apartment complex projects. There are no major rental housing proposals being considered at this time to which the funds may be applied. Therefore,the balance of the funds may be reallocated to a new use,providing such use still serves the low/moderate income population. Neal said the amounts to be reprogrammed come from FY 2001, for $19,589.00 and from FY 2002, for$160,403.00. The amount of the balance is $179,992.00. Neal said Staff person Molly Koivumaki,Manager of Housing and Human Services, is present to answer questions.He said the proposed use of these funds is to reprogram them to development of a community services center at Eden Prairie Center. There were no comments from the public. MOTION: Case moved, seconded by Butcher, to close the Public Hearing; and adopt Resolution No. 2003-149 to reprogram unused CDBG funds from Scattered Site Affordable Rental Housing/Acquisition to Development of a Community Human Services Center. Motion carried 5-0. B. VACATION OF DRAINAGE AND UTILITY EASEMENTS IN DUPONTS CRESTWOOD ADDITION(RESOLUTION NO. 2003-150) City Manager Scott Neal said official notice of this public hearing was published in the September 18,2003,Eden Prairie Sun Current and sent to 5 property owners.He said the property owner has requested this vacation to remove underlying drainage and utility easements existing on the property from a previous plat. Neal said the property was recently replatted from Crestwood 89 (two lots)into Duponts Crestwood Addition(three lots). Vacation of these easements will reduce title encumbrances. Replacement easements were dedicated in the Duponts Crestwood Addition plat. He said Staff categorizes this as a housekeeping item and requests approval. There were no comments from the public. MOTION: Young moved, seconded by Butcher,to close the public hearing; and adopt Resolution No.2003-150 vacating part of the drainage and utility easements in Duponts Crestwood Addition. Motion carried 5-0. CITY COUNCIL MINUTES October 21,2003 Page 4 C. EDENVALE VILLAS by Brenshell Development Corp. Request for Comprehensive Guide Plan Amendment from Low Density Residential to Medium Density Residential on 5.01 acres,Planned Unit Development Concept Review on 5.01 acres,Planned Unit Development District Review with waivers on 5.01 acres, Zoning District Change from Rural to R1-9.5 on 5.01 acres, and Preliminary Plat of 5.01 acres into 15 lots. Location: 6525 Birch Island Road. (Resolution No. 2003- 151 for Comprehensive Guide Plan,Resolution No. 2003-152 for Concept Review,Resolution No. 2003-153 for Preliminary Plat,Ordinance for PUD District Review, Zoning District Change) City Manager Scott Neal said official notice of this public hearing was published in the October 9, 2003,Eden Prairie Sun Current and sent to 77 property owners. He said the preliminary plat shows the subdivision of 5.01 acres into 15 single family lots at a density of 2.99 units per acre. The Community Planning Board first reviewed this project at the July 14, 2003 informational meeting. On September 22, 2003 the Community Planning Board voted 7-0 to recommend approval of the project to the City Council. Neal said City Planner Michael Franzen will make comments and representatives from the developer are also present to answer questions. Franzen stated most projects brought before the Council at a public hearing involve the question"Does the project conform to zoning and subdivision regulations?"He said the best land use options for the property are a 12-lot single-family subdivision developed to the current standards or a guide plan change that involves 3 additional units. Franzen said the best way to develop the property depends on which land use is chosen. He said Staff feels a through road connection between Edenvale Boulevard and Birch Island Road is the best development plan. He said the plan conforms to the zoning district in that it meets the lot size requirements but requires lot frontage waivers as a result of the number of lots proposed within the subdivision. He said Staff recommends supporting the Comprehensive Guide Plan change,the through road with the pond on private property and the waivers required for street frontage. Tyra-Lukens asked if adjacent neighborhoods required Guide Plan changes also. Franzen said both projects do not involve a Guide Plan change because they go back to the Edenvale master plan where the densities were consistent. Chuck Alcon,project manager,introduced Bill Kaufman from his sales and marketing group, Steve Johnston from Landform Engineers and Surveyors, and Dwight Picha representing the family. He said they support the Staff recommendation. Butcher asked Franzen if the townhouses he referred to in his report were similar to the townhouses in Settlers Ridge as far as how closely connected they are.Franzen said the structures are similar in size,but townhouse development in Settlers Ridge is tight. He said the townhouses in this development conform to the R1 setback requirements with approximately 70 feet of street frontage and a 30-foot setback. CITY COUNCIL MINUTES October 21,2003 Page 5 John Justen of 6558 Kurtz Lane presented a petition with 125 signatures in support of a cul-de-sac that opens onto Edenvale rather than Birch Island Road.He said a through street would add traffic to an already busy Birch Island Road and they are concerned about safety of children in the area due to increased traffic. Richard Miller of 6638 Kara Drive spoke in favor of a cul-de-sac and asked Council to reject the through street. He said a through street would impact Birch Island Conservation Area and requested a buffer zone between Birch Island woods and the cul-de-sac area. He said a cul-de-sac would benefit residents of the area and surrounding community. Geri Napuck of 6447 Kurtz Lane said she supports the cul-de-sac rather than the through street. She said she has witnessed excessive speeds of high school students cutting through from Eden Prairie Road to Edenvale and has noticed a definite increase in traffic on Kurtz Lane, even after Birch Island Road was paved. She said if a through street is approved, traffic on Kurtz Lane will increase the potential for accidents and impact the safety of children in the area. She asked Council to ask the developer to reconstruct the design. Jeff Strate of 15021 Summerhill Drive said there is plenty of reason for a cul-de-sac. He presented a map and photos of the area. He does not think a through street is a good idea because improvements aren't necessarily going to make Birch Island Road safer, and the current condition of the road keeps vehicle speeds low. In addition, he said a cul-de-sac is the best solution because more families will use the conservation area as it is further developed. Marcus Johnson of 7017 Kingston Drive spoke in favor of the cul-de-sac. He said the Council acquired the area from the County and because of the uniqueness of the conservation area, and it should be considered whether this development will blend in with that:He said a cul-de-sac would preserve the unique nature of the area. Greg Borrell of 6660 Kara Drive is concerned with road expansion of Birch Island Road. He asked how much wider the road will be. Dietz said it would be 28 feet wide. He said he is concerned with traffic patterns and vehicles cutting through Kara Drive. Dietz said he respectfully disagrees with the concept of a cul-de-sac. He said the road is being negatively characterized as a"through street"when it will simply be a 500 foot-long local neighborhood street that connects between Edenvale Boulevard and Birch Island Road. He said a connotation of a through street is that there will be many users from outside the area,but it will be the neighborhood that uses the route. He said that it appears the primary issue is that building a cul-de-sac will reduce the need to improve Birch Island Road. He said Birch Island Road is an important connection between Edenvale Boulevard and County Road 4. He said it would be important to maintain that continuity. Dietz said the bigger issue would be the connectivity is important for public safety access, garbage trucks, school buses and snow plowing. He said this is an urban area that needs urban facilities and not rural facilities. CITY COUNCIL MINUTES October 21,2003 Page 6 Tyra-Lukens asked how much of the road is currently paved. Dietz said he believes it's 350-400 feet in conjunction with the first Edenvale development. John Mallow of 14000 Forest Hill Road noted that with the petition,the public is telling the Council that they do not want the through street. He said zoning would not need to be changed without a through street. He asked to leave zoning as is. Jeff Strate said he is also concerned about location of the sanitary sewer and the number of trees that would be taken out because of it. Dietz said he understands the sewer would go in behind the curb, in the right-of-way, along the north edge of Birch Island Road and would connect almost to Edenvale Boulevard along Birch Island Road. Mike Pollack of 6640 Harlan Drive said because of traffic he has observed, he does not foresee any issues with a through street. There were no further comments from the public. MOTION: Case moved, seconded by Mosman,to close the public hearing. Motion carried 5-0. Butcher asked if the primary zoning change is the addition of three additional properties and shifting the amount of land that each of those is on. Franzen said that is correct. Butcher asked how many trips will be generated by the 15 new households in the area. Dietz said the formula is 10 per single family home per day. He said usually with town homes,the figure is 6. Butcher asked how residents will be accessing the roadways. Dietz said it's not so much the properties that will be on Oak Terrace Trail, but the neighborhood traffic that might ordinarily go northeast on Edenvale Blvd. He said it is the only connection between County Road 4 and Edenvale Blvd. and he does not expect a significant change in what is happening in the neighborhood today. Mosman said there are reasons that cul-de-sacs were considered desirable in other areas of the city as well as in this development. She said it gives a feel of a safer street. Mosman said those who brought in the petition are voters and she feels their concerns need to be considered. Case said there are approximately 630 cul-de-sacs in the city. He said the through street does not appear essential, and he does see some advantages of a cul-de-sac for Birch Island Woods. He said there are future goals for that area and he does not see from Staff that the through street meets his criteria as essential. Young said it means a lot that the proposal passed the Community Planning Board on a unanimous vote and is recommended by Staff. He asked why the Council should go against the recommendation of Staff and passage by the Community Planning Board. He said it's important to remember that Edenvale Boulevard and Birch Island Road 10 CITY COUNCIL MINUTES October 21,2003 Page 7 currently intersect just east of the map presented tonight.Young asked how placing of the proposed road between Edenvale Boulevard and Birch Island will increase the traffic flow beyond those that currently take Edenvale Boulevard to Birch Island Road.Dietz said he sees no reason to suspect any significant increase in traffic flow. Young noted there are a limited number of people who bike and walk in the conservation area and if you don't live within walking distance to it,it is currently not very accessible.He said in spending more money on the area,we owe it to the community to make it more accessible to those outside the immediate area. Mosman asked if a through road is placed there, is it necessary to make an additional connection. Tyra-Lukens said if it's only 15 houses,you'd have three streets to disperse traffic instead of two. Tyra-Lukens said by not making it a through street is it going to change the amount of traffic on Birch Island Road. She asked how the development will potentially change the feel of Birch Island Road,but it will happen regardless of this development of 15 houses. Tyra-Lukens asked if this were a cul-de-sac,would the sewer connection still likely go north of Birch Island Road.Dietz said there may be different grading opportunities that would exist,but the problem is that the north end of Oak Terrace Trail from Edenvale Boulevard has a sewer that is only about 3 feet deep. He said it may make a difference to grade the property. Landform Engineer Steve Johnston said the sewer is proposed to be on the north side of Birch Island Road,within the right-of-way,not within the park,behind the curb between the existing curb line and existing right-of-way.He said there would be some tree loss along the road as the road is built to city standards,but the tree loss would be minimal. Case said many people moved into Eden Prairie for cul-de-sac type living and he is suggesting cul-de-sacs are superior unless a through street is necessary. He said he thinks the cul-de-sac has merit and he is not hearing enough that the through street has merit. Butcher said everything said in this room has an impact, and she remembers Council discussion on what a through street is. She said Council made a commitment to putting more through streets in. She said cul-de-sacs are more difficult because snow plowing is more difficult and emergency vehicle access is not as easy. She said the city needs more access,not less, in this area. She asked if a cul-de-sac were approved this evening,would it alter the current plan and what would the alterations be. Franzen said you could probably still get 15 units in the property,but you would have to look at smaller lot sizes and waivers would be required. Butcher asked if it would then look crowded.Franzen said the driveways would tend to be tight in a cul-de-sac. Case pointed out that through streets are essential for connectivity,but he does not recall that through streets are preferable to cul-de-sacs as the outcome to previous discussions.Butcher said she thinks a commitment was made to create as many IL CITY COUNCIL MINUTES October 21,2003 Page 8 through streets as possible. Tyra-Lukens agreed.Butcher said it was a priority and there were concerns about setting a precedent of continuing with cul-de-sacs in a populated city where cul-de-sacs would make it difficult for emergency vehicles to move around. Dietz said this came about in the mid 1980s when prior to that cul-de-sacs were a preferred planning tool.He said that was the context of how the policy was established to eliminate unnecessary cul-de-sacs and only build them when environmental issues dictated.He also noted that it has been negotiated that the developer will be building a section of Birch Island Road because it is part of the street system necessary for the project. If it ends up a cul-de-sac,there are issues about who pays the cost of building Birch Island Road if it does not get built now. Tyra-Lukens said there is a lot of open space in Eden Prairie. She said she would prefer to keep Birch Island Road looking rural,but there is not a compelling reason to continue building cul-de-sacs. Neal said there is a policy preference for through streets,but there is a voting issue that Council should be aware of at this point. Rosow noted that there are a number of actions in front of Council this evening. He said the adoption of the resolution for the Guide Plan change requires a two-thirds majority or 4 votes. He said the PUD concept review is a simple majority,but the zoning change from rural to R1-9.5 only requires three votes,but if you don't get enough votes necessary to change the Guide Plan,then you may want to consider whether to go ahead with the vote on changing the zoning. He said he would recommend Council not make a recommendation to approve the entire slate of action items,but take them one at a time starting with the Guide Plan. Mosman asked if it is essential that Birch Island Road be turned into a thoroughfare if there is a through street on the new Oak Terrace. Dietz said preference of Staff would be that there would be urban streets in an urban area.He said a true rural road has ditches that carry drainage and one of the features of a curb and gutter system is that you can tighten up the construction limits and have the road confined with the proper drainage.He said there are a range of opportunities,but as soon as there is pavement on that roadway,it will change how people use the road. Case said he would prefer a cul-de-sac,but is willing to vote for a through street because of the legal process involved. MOTION: Young moved, seconded by Butcher,to adopt the Resolution for Guide Plan Change from Low Density Residential to Medium Density Residential on 5.01 acres. Motion carried 4-1 with Mosman opposed. MOTION: Young moved, seconded by Butcher,to adopt the Resolution for PUD Concept Review on 5.01acres; and approve 1st Reading of the Ordinance for PUD District Review with waivers on 5.01 acres and Zoning District Change from Rural to R1-9.5 on 5.01; and adopt the Resolution for Preliminary Plat of 5.01 acres into 15 lots; and direct Staff to prepare a Developer's Agreement incorporating Staff and la CITY COUNCIL MINUTES October 21, 2003 Page 9 Board recommendations and Council conditions; and approve and Authorize Issuance of a Grading Permit, subject to City Engineer's approval based on final contract documents. Tyra-Lukens asked that a lot of attention be paid to bringing in the sewer along Birch Island Road. She said she does not want to see trees ripped up and more vegetation than necessary being taken and the impact should be minimized. Motion carried 4-1 with Mosman opposed. Councilmember Butcher left the meeting at approximately 9:00 p.m. D. MUNICIPAL CONSENT FOR I-494 IMPROVEMENTS FROM TH5 TO I-394, I.C. 02-5553 City Manager Scott Neal said official notice of this public hearing was published in the September 18, 2003,Eden Prairie Sun Current and sent to 211 property owners. He said pursuant to Minnesota Statute, Section 161.164, a public hearing is required for consideration of municipal consent for the I-494 improvements. Neal said several open houses were held with adjacent homeowners. The primary issue was noise impacts and mitigation. As a result of MnDOT's work of optimizing the noise mitigation, noise walls will be installed along the west side of I-494 at two locations. One location is adjacent to the Gerard Drive/Gordon Drive neighborhood. The other location is adjacent to the Promontory Drive/Cardinal Creek Road neighborhood. Based on State guidelines,noise mitigation is not justified along the east side (Beach Road) of the corridor not along the Stonewood Court area. Neal said MnDOT has provided us with a cost estimate for our share of the project. Our share is approximately$81,000.00 for traffic signals and drainage ponds. We do have a 12-inch trunk watermain that is affected by this project, but these costs are MnDOT's responsibility. Neal said MnDOT representatives Tom O'Keefe and Chris Roy are present to answer questions. O'Keefe said this project is one of four metro area projects accelerated as a result of the bonding package passed by the 2003 legislature. He said the previous letting for the project was 2011,but with the bonding package and changing to the design build style of delivery, the project is being advanced by seven year and it is scheduled for April of 2004. He said Kevin Anderson, design build project manager,will speak about the project schedule. O'Keefe said noise walls have been a significant issue for the project. He said MnDOT considers the installation of noise walls under a policy that's developed with the Minnesota Pollution Control Agency and the Federal Highway Administration. He said the policy requires noise walls to be effective in reducing noise and cost effective in that reduction of noise measured on a per residence basis.He said the 13 CITY COUNCIL MINUTES October 21, 2003 Page 10 policy has been fully and liberally applied on this project to build as many and as long and high enough noise walls as possible.He said Peter Wasko is present to explain the noise wall components of the project. O'Keefe said apart from the layout, a number of safety elements can be discussed, including continuous freeway and intersection lighting, concrete barrier and guard rail, fencing and slope flattening. He said the project includes draining system redesign addressing problem areas adjacent to the corridor. Roy presented drawings and explained the layout of the project. Kevin Anderson explained the design build aspect of the project.He said MnDOT typically uses the design build mode of delivery for highway projects. He said usually a full detailed plan will be put out to bid and awarded to a contractor to construct the project,but with design build, a full detailed plan is not available at time of bid, and a team of firms do the final design and construction of the project. He said the final request for proposal will be released 12/22/03; the bid opening will be 4/23/04; and construction expected to begin by the end of June, 2004 with project end by 2006. Peter Wasko showed drawings and gave a summary of the noise analysis and barrier requirements and locations. He showed two areas within Eden Prairie that exceeded both the cost guidelines and the acoustical reduction amount. He said there is also concern about barrier being placed outside of what the federal government classifies as a clear zone where if a vehicle out of control could strike the barrier. Wasko said acoustical guidelines were met in some areas,but cost guidelines were exceeded. Tyra-Lukens asked if berming could be done or trees placed in areas where cost of a wall exceeds the guidelines. Wasko said he does not believe there would be enough soil generated for the project for berming and at least 100 feet of dense foliage would be necessary if trees were placed for the 5 decibel reduction in noise. Richard Zdrahala of 6825 Stonewood Court said MnDOT measurements were done on the opposite side of his home and it is very noisy in his area. He is concerned about reduction of property values in his area because of the noise. Alan Greenberg of 6847 Stonewood Court said until a week ago,MnDOT did not even show his area on their map and he is also concerned about property value reduction due to noise. He said homes become unsellable due to the noise and the study is incomplete because sensors were not placed on his side of the freeway.He said there is a break of about 600 yards in the wall which can affect noise Paul McDowell of 12944 Cardinal Creek Road asked if MnDOT's study could be amended. Neal said the Council will not be taking an action on the municipal consent request this evening,but they can grant the request as proposed, grant the request with conditions, or deny the request,but action will be taken at the November 18,2003 meeting. McDowell said he is in favor of expansion of the highway. He asked Council to --- consider the quality of life in the neighborhood, consider a continuous wall with )L1 crrY COUNCIL MINUTES October 21,2003 Page 11 berms and trees and landscaping between Valley View and Crosstown; and consider extending two walls as far as possible.He said very few receptors were placed and he does not believe there were any readings taken on Stonewood Court at all.He said the design build is an expedited process,but corners should not be cut in the process. He asked if the city could put in receptors and commission a study. McDowell said the notion of city funds being used could be considered.He said special assessments may be worth increasing the quality of life in the neighborhood. Mark Omlie, of 6661 Beach Road noted other metro areas where there are sound barriers—Richfield near the Woodlake Nature Center and the Baker Road area in Minnetonka. He said he believes the neighborhood would be willing to look at a cost splitting method to decrease noise in the area. Brad and Bev Aho of 12742 Gordon Drive spoke about the 494 improvements. Bev said they are in favor of having the wall constructed. She asked that the Council approve the improvement of 494 with considerations of the city connecting the two walls,but not if it would impede the construction that is proposed. She thanked MnDOT representatives for their diligent work. Timothy Olsen of 6561 Beach Road asked what decibel level are we looking at for Beach Road and has it met the acoustic designation. Wasko said depending on the exact location and based on 2025 sound levels, it ranges approximately between 65.9 and 70.3 decibels. He said there are no receptors in this location that exceed the state guidelines for projected noise levels. Olson said children in Beach Road back yards towards 494 would be exposed to the noise levels and chronic exposure could lead to long-term hearing loss. He requested a barrier for his neighborhood. Phil Schmidt of 7256 Gerard Drive suggested a solid barrier on both sides of the freeway because noise bounces off one wall to open areas on the other side. He said he was granted tax relief about 4 years ago based on noise and the barrier should be solid. Mosman asked what happens when there is a sound break and what about the bouncing effect. Wasko said there is no phenomenon to channel that but there is a phenomenon that if a small opening(2-foot by 2-foot)is placed in a barrier, it will act as a megaphone but there is no increase in noise levels. He said MnDOT did have that concern two years ago and an in-depth study was done where noise levels were looked at before and after placement of a barrier and found little if any noise increase for those other homes. Tyra-Lukens asked if requesting Staff to prepare the municipal consent resolution implies that Council agrees with all of the plans for the road up to this point. Dietz said Council would be approving the layout as submitted and Neal characterized the possibilities correctly in that the project could be slowed down by putting conditions on it. 15 CITY COUNCIL MINUTES October 21,2003 Page 12 Tyra-Lukens said Council needs to advocate for the citizens. She said the road does need to go through,but we have to pay attention to the whole issue of noise mitigation. Case asked if the city has looked at the issue in terms of a shared cost initiative, particularly a special assessment, and is that an option. Dietz said if the wall is effective but not cost effective,MnDOT is willing to put up money to the level that it is cost effective and someone else can pay the balance.He said the wetland is the challenge in the 800-foot gap between barriers, and it's possible to build a retaining wall with a barrier on top of it. The cost of such a barrier would be approximately $700,000 divided between 30 homes.He said the city has never used a special assessment for noise walls. Mosman said she does not believe placing conditions on this would slow down the process. She asked if further study could be done on the wall area and other options. Dietz said the issue is the cost of the retaining wall. He said there will be a landscaping project done subsequent to the completion of the project but the wetland limits the possibilities of what can be done. MOTION: Case moved, seconded by Young, to close the public hearing. Motion carried 4-0. Neal suggested Staff prepare a baseline municipal consent resolution with separate conditions to be considered at the November 18, 2003 Council meeting. Young asked how conditions would affect the process. Tom O'Keefe said decisions would have to be made regarding the conditions and it could possibly take up to six months longer. Neal explained the appeal process and timeframes if there is not agreement on the issues. Tyra-Lukens said what is in the best interest of the citizens should be considered regardless of the timeframes. Case said every resident's concerns should be considered and there may be flaws in the study. He asked if Staff could investigate the walls in terms of special assessment and if the residents could be presented with an alternative. Young said he is very concerned about slowing down the process. He asked if it could be determined how many neighbors would be willing to accept a special assessment. MOTION: Case moved, seconded by Mosman,to request Staff to prepare a municipal consent resolution for the November 18,2003 City Council meeting. Motion carried 4-0. VIII. PAYMENT OF CLAIMS MOTION: Case moved, seconded by Mosman, to approve the Payment of Claims. The motion was approved on a roll call vote,with Case,Mosman,Young and Tyra-Lukens voting"aye." 16 CITY COUNCIL MINUTES October 21,2003 Page 13 IX. ORDINANCES AND RESOLUTIONS A. COSTCO WHOLESALE by Costco Wholesale. 2nd Reading for Planned Unit Development District Review with waivers on 18.1 acres, Zoning District Change from I-5 to Commercial Regional Service on 18.1 acres, and Site Plan Review on 18.1 acres. Location 12005 Technology Drive. (Ordinance No. 29-2003-PUD-16- 2003 for PUD District Review,Zoning District Change,Resolution No. 2003-154 for Site Plan Review) City Manager Scott Neal said this is for a 148,663 square foot Costco Wholesale,tire center and gas. The ordinance and the resolution take effect no later than April 15, 2004 based on Costco delivering a fully executed and acknowledged developer agreement. Emerson does not want to be subject to two different agreements since Costco is not purchasing the property until March 31, 2004. Emerson needs to vacate the existing building and transfer the property to the Emerson Charitable Trust. The trust will then sell the land to Costco. Neal said this would normally be a consent item, and asked Franzen to explain. Franzen pointed out that Council still needs to approve the developer's agreement and that would have to be brought back on the Consent Calendar. He said if Council approves the developer's agreement,then the City would then publish the ordinance. He said approval is expected between March 31 and April 15, 2004. MOTION: Case moved, seconded by Mosman, to approve 2nd Reading of the Ordinance for PUD District Review,with waivers on 18.1 acres, Zoning District Change from I-5 to Commercial Regional Service on 18.1 acres; and Resolution for Site Plan Review on 18.1 acres. Motion carried 4-0. X. PETITIONS,REQUESTS AND COMMUNICATIONS A. REQUESTS FROM FRIENDS OF BIRCH ISLAND WOODS City Manager Scott Neal said the Friends of Birch Island Park have requested the City Council to direct staff to identify methods of acquiring and financing the expansion of Birch Island Woods Conservation Area with a 4.04 acre parcel and evaluate the feasibility and cost of attaining a conservation easement over that same parcel for preservation purposes. He said the parcel is owned by two families, one of the families is prepared to sell the property for development at this time. Friends of Birch Island Woods would like the City Council to authorized applying for a matching grant funds for acquisition of this parcel and committing money for the City's portion of a matching grant. Neal said Jeff Strate is present representing Friends of Birch Island Woods. Strate asked Council to authorize the Parks Department to look at ways of how the acreage may be acquired. He said they are not asking the City to buy it,but only to look at grants available for the acquisition. CITY COUNCIL MINUTES October 21,2003 Page 14 Young asked to what extent the Council would be asked for money for this. Lambert said today's request does not commit funds. It is simply a request to find out and come back with a report on methods available to acquire the land. Young asked why it requires a Council action. Lambert said the property owners as well as Staff would like to know if the City has any inclination at all to acquire a very expensive piece of property. Young said he has substantial concern about spending the money. Mosman said this piece of property is not necessarily overpriced. She said she wants to look at options for acquiring it. MOTION: Mosman moved, seconded by Case, to request staff to prepare a report identifying methods of acquiring and financing the expansion of Birch Island Woods Conservation Area with a 4.04 acre privately owned parcel on the north side of Birch Island Road and identify any interest property owners may have in selling a conservation easement over this same property. Tyra-Lukens noted this is an investigatory motion with no cost involved. Motion carried 4-0. XI. REPORTS OF ADVISORY BOARDS & COMMISSIONS XII. APPOINTMENTS XIII. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS Case said the"We Can Ride"program, a volunteer non-profit organization that provided horseback riding to children with disabilities,needs 18 acres for their horses,but less than an acre for their program. He said he got a call asking if there is any land available for that and asked that Staff find out if there is a 20-acre continuous area in Zone A or Zone B that has a one-acre area for a corral. Case said he would like to see Staff respond in a written formal way to a biased article from Monday's Star Tribune,noting the biases and clarifying in a factual statistical way. Young said his reservation is that the Council responds to the media in a judicious way. Tyra-Lukens said the facts need to be presented. Case said the Council owes it to the residents to respond. Neal said he believes most of the information was provided to the reporter who ignored it the first time,but Neal can provide it to other persons at the newspaper. B. REPORT OF CITY MANAGER 1. C.H. Robinson Negotiations CITY COUNCIL MI UTES October 21,2003 Page 15 MOTION: Mosman moved, seconded by Case,to recess the City Council meeting. Motion carried 4-0. Council meeting was recessed at 9:57 p.m. The Eden Prairie Housing and Redevelopment Authority was convened to approve the City Center Lease Agreement between the Housing and Redevelopment Authority and C.H.Robinson Company. MOTION: Case moved, seconded by Mosman,to reconvene the City Council meeting. Motion carried 4-0. Council meeting was reconvened at 10:00 p.m. 2. Discussion on scheduling City Council meeting November 4,2003 Neal stated there have been previous discussions on scheduling only one meeting in November as Election Day is November 4. He said there are no public hearings scheduled for November 4. MOTION: Case moved, seconded by Mosman,to amend the schedule to not hold a City Council meeting on November 4,2003, and only have one meeting with a workshop in November on November 18,2003. Motion carried 4-0. C. REPORT OF MANAGEMENT AND BUDGET DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Ponding Requirements within Round Lake Park Lambert said this issue relates to intersection improvements at Valley View Road and County Road 4. He said it does impact features of Round Lake Park and he wants to make the Council aware of the thought process at this point. Lambert said that the Riley Purgatory Bluff Creek Watershed District requires 2.3 acre feet of storage in ponds on the north-east side of Round Lake to treat the storm water run-off from the Community Center parking lot,Valley View Road and the ballfields north and east of Round Lake. He said in order to accommodate the ponding requirements the City would be required to either remove some parking facilities or a ballfield. Lambert showed on a map the preferred ponding locations which will eliminate the parking lot immediately west of the fire station north of Valley View Road and would also require removal of a significant number of trees in the proposed ponding area immediately north of the tennis court parking lot south of Valley View Road. Lambert said the Parks,Recreation and Natural Resources Commission recommended to consider delaying this project until after a referendum if the referendum includes a pool project that would affect this road and pond alignment. MOTION: Mosman moved, seconded by Young, to approve the proposed concept plan for providing ponding requirements necessary with the 19 CITY COUNCIL MINUTES October 21,2003 Page 16 improvements to the Valley View Road/County Road 4 intersection. Motion carried 4-0. 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 MOTION: Mosman moved, seconded by Young, to adjourn the meeting. Motion carried 4-0. Mayor Tyra-Lukens adjourned the meeting at 10:08 p.m. • aQ CITY COUNCIL AGENDA DATE: SECTION: November 18, 2003 DEPARTMENT: ITEM DESCRIPTION: ITEM NO.: Molly Koivumaki,Manager, Recommendations presented by the Clean Indoor VT Housing and Human Services Air Task Force Requested Action Move to: Adopt the recommendations presented by the Clean Indoor Air Task Force, specifically the implementation of a"Star Quality Clean Air Initiative," a voluntary program to help business owners improve the indoor air quality of their buildings. • Synopsis The Clean Indoor Air Task Force was seated with the.obj ective of preparing a list of recommendations for the City Council to consider adopting which will increase the quality of indoor air in buildings in Eden Prairie. The task force met six times and developed a list of recommendations and implementations strategies. Background Information The task force heard presentations from the Minnesota Department of Health,the City of St. Louis Park and the manager of Eden Prairie's Inspections Department. The task force determined that air quality testing measures would be difficult to administer, costly and unreliable. Therefore, it was decided to initiate a program that would use a star rating system to promote facilities and eating establishments which are no-smoking or have limited smoking hours. Attachments The list of recommendations is attached. , Recommendations: The Clean Indoor Air Task Force recommends that the City of Eden Prairie develop a voluntary clean indoor air initiative that recognizes smoke-free facilities and eating establishments and those eating establishments that offer smoke-free dining periods during their business hours. The characteristics of the voluntary program are listed below. 1. Name of voluntary program: "Star Quality Clean Air Initiative" 2. Incorporates three(3) levels of recognition: , Gold Star non-smoking facilities(includes all types of businesses) Silver Star eating establishments which are non-smoking until 9:00 pm Bronze Star eating establishments which are non-smoking until 4:00 pm 3. To be considered for participation,businesses will submit an application to the City. A site visit will be conducted prior to approval of the application. Upon approval the business will receive a window cling and other materials related to participation. (Note: A determination of who conducts the site visit has not yet been made.) 4. An annual review of the applications will be.conducted, allowing businesses to opt out or change their rating. Eating establishments and other facilities may upgrade their applications during the year if they qualify for a higher level star. iii If the City of Eden Prairie approves further development of this voluntary program,the Task Force recommends that the Clean Indoor, :Task Force continue meeting with those members of the Task Force whoyolunteer,to develop: 1. A complete marketing and implementation plan that will address: • Strategies to encourage maximum business participation—especially those in the silver&bronze categories • Strategies to educate consumers to "look for the star" and the benefits from smoke-free facilities and eating establishments • Effective promotional materials • An evaluation process 2. Cost Estimates for developing the marketing plan(Pending at the time) • Marketing consultant - • Focus groups • Materials and return to the Eden Prairie City Couricilhin February 2004 with a marketing and implementation plan with cost projections for Council review and approval. , as CITY COUNCIL AGENDA DATE: 11/18/03 SECTION: Consent Agenda DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Office of City Manager/Planning Scott H. Neal CIM Labs 'A Danette Moore Requested Action Move to: • Approve 2nd Reading of the Ordinance for PUD District Review on 9.47 acres, Zoning District Amendment within the I-2 District on 9.47 acres; and • Adopt the Resolution for Site Plan Review on 9.47 acres; and • Approve the Development Agreement for CIIVIA Labs Synopsis This is for a 18,180 square foot warehouse expansion and parking. Attachments 1. Ordinance for PUD District Review and Zoning District Amendment 2. Resolution for Site Plan Review 3. Development Agreement LIMA LABS CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO. 32-2003-PUD-17-2003 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING THE ZONING OF CERTAIN LAND WITHIN ONE DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99,WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows amendment of the zoning of land located at 10000 Valley View Road within the I-2 Zoning District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen A. Porta, City Clerk Nancy Tyra-Lukens,Mayor PUBLISHED in the Eden Prairie Sun Current on the (A full copy of the text of this Ordinance is available from City Clerk.) CIMA LABS CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 32-2003-PUD-17-2003 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CERTAIN LAND WITHIN A ZONING DISTRICT, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be amended within the I-2 Zoning District 32-2003-PUD-17-2003 (hereinafter "PUD-17-2003-I-2). Section 3. The City Council hereby makes the following findings: A. PUD-17-2003-I-2 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-17-2003-I-2 is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-17-2003-I-2 are justified by the design of the development described therein. D. PUD-17-2003-I-2 is of sufficient size, composition, and arrangement that its construction, marketing, and operation is feasible as a complete unit without dependence upon any subsequent unit. Section 4. The proposal is hereby adopted and the land shall be, and hereby is amended within the I-2 District and shall be included hereafter in the Planned Unit Development 17-2003-I-2, and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 5. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated D.5 verbatim herein. 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 16th day of September, 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 18th day of November,2003. ATTEST: Kathleen A. Porta, City Clerk Nancy Tyra-Lukens,Mayor PUBLISHED in the Eden Prairie Sun Current on EXHIBIT A PUD Legal Description — CIMA Labs Lot 1, Block 1 Braun Estates CIMA LABS CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2003- A RESOLUTION GRANTING SITE PLAN APPROVAL FOR CIMA LABS BY CIMA LABS INC. WHEREAS, LIMA Labs Inc., has applied for Site Plan approval of CIMA Labs for a 18,180 square foot warehouse expansion and p arking,b y an Ordinance approved b y the City Council on November 18, 2003; and WHEREAS, the Community Planning Board reviewed said application at a public hearing at its August 15, 2003 meeting and recommended approval of said site plans; and WHEREAS, the City Council has reviewed said application at a public hearing at its November 18, 2003 meeting. NOW, THEREFORE,BE I T H EREBY RESOLVED B Y THE C ITY C OUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval be granted to CIMA Labs Inc., based on the developer agreement between CIMA Labs Inc., and the City of Eden Prairie, reviewed and approved by the City Council on November 18, 2003. ADOPTED by the City Council of the City of Eden Prairie this 18th day of November, 2003. • Nancy Tyra-Lukens, Mayor ATTEST: Kathleen A. Porta, City Clerk D$ DEVELOPMENT AGREEMENT CIMA LABS INC. THIS DEVELOPMENT AGREEMENT("Agreement")is entered into as of October 21,2003,by CIIVIA LABS INC., a Delaware corporation, hereinafter referred to as "Developer," its successors and assigns, and the CITY OF EDEN PRAIRIE, a municipal corporation,hereinafter referred to as "City": WITNESSETH: WHEREAS,Developer has applied to City for Planned Unit Development Concept Review on 9.47 acres, Planned Unit Development District Review on 9.47 acres, Zoning District Amendment within the I-2 Zoning District on 9.47 acres, and Site Plan Review on 9.47 acres, legally described on Exhibit A(the"Property"); NOW,THEREFORE,in consideration of the City adopting Resolution No. for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review and,Resolution No. for Site Plan Review,Developer agrees to construct, develop and maintain the Property as follows: 1. PLANS: Developer shall develop the Property in conformance with the materials revised and stamp dated August 11,2003,reviewed and approved by the City Council on September 16, 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. a9 3. DEVELOPER'S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a violation of City Code relating to use of the Land,construction thereon or failure to fulfill an obligation imposed upon the Developer pursuant to this Agreement,City shall give 24 hour notice of such violation in order to allow a cure of such violation,provided however, City need not issue a building or occupancy permit for construction or occupancy on the Land while such a violation is continuing,unless waived by City. The existence of a violation of City Code or the failure to perform or fulfill an obligation required by this Agreement shall be determined solely and conclusively by the City Manager of the City or a designee. 4. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall release,defend and indemnify City,its elected and appointed officials,employees and agents from and against any and all claims, demands, lawsuits, complaints, loss, costs (including attorneys' fees), damages and injunctions relating to any acts, failures to act, errors, omissions of Developer or Developer's consultants,contractors,subcontractors,suppliers and agents. Developer shall not be released from its responsibilities to release, defend and indemnify because of any inspection,review or approval by City. 5. EXTERIOR MATERIALS: Prior to building permit issuance,Developer shall submit to the City Planner,and receive the City Planner's written approval of a plan depicting exterior materials and colors to be used on the buildings on the Property. Prior to issuance of any occupancy permit for the Property, Developer shall complete implementation of the approved exterior materials and colors plan in accordance with the terms and conditions of Exhibit C, attached hereto. 6. GRADING,DRAINAGE,AND EROSION CONTROL PLANS: A. FINAL GRADING AND DRAINAGE PLAN:Developer agrees that the grading and drainage plan contained in the Plans may require revision based on review by the City Engineer of the final construction documents which include a construction grading and drainage plan. Prior to the release of a land alteration permit for the Property,Developer shall submit and obtain the City Engineer's written approval of the construction grading and drainage plan for the Property. The construction 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 fmal grading plan. Developer shall employ the design professional who prepared the construction 30 grading plan.The design professional shall monitor construction for conformance to the approved construction 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 construction 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. 7. LANDSCAPE PLAN: Prior to building permit issuance,the Developer shall submit to the City Planner and receive the City Planner's written approval of a final landscape plan for the Property depicting a total of 107.5 caliper inches. If proof of parking is constructed, an additional 95 caliper inches shall be established. The approved landscape plan shall be consistent with the quantity,type,and size of plant materials shown on the landscape plan on the Plans. Developer shall furnish to the City Planner and receive the City Planner's approval of a landscape bond equal to 150% of the cost of said improvements as required by City Code. Prior to issuance of any occupancy permit for the Property, Developer shall complete implementation of the approved landscape plan in accordance with the terms and conditions of Exhibit C. 8. MECHANICAL EQUIPMENT SCREENING: Developer shall submit to the City Planner,and receive the City Planner's written approval of a plan for screening of mechanical equipment on the Property. For purposes of this paragraph, "mechanical equipment" includes gas meters, electrical conduit,water meters, and standard heating,ventilating, and air-conditioning units. Security to guarantee construction of said screening shall be included with that provided for landscaping on the Property, in accordance with City Code requirements. D eveloper s hall complete implementation o f t he approved plan prior to issuance of any occupancy permit for the Property. If, after completion of construction of the mechanical equipment screening,it is determined by the City Planner,in his or her sole discretion,that the constructed screening does not meet the Code requirements to screen mechanical equipment from public streets and differing, 31 adjacent land uses, then the City Planner shall notify Developer and Developer shall take corrective action to reconstruct the mechanical equipment screening in order to cure the deficiencies identified by the City Planner. Developer agrees that the City will not release the security provided until Developer completes all such corrective measures. 9. OUTSIDE STORAGE: Developer shall not permit on the Property any outside storage of inoperable automobiles, automobile parts, equipment,inventory or refuse. 10. PERFORMANCE STANDARDS: Developer agrees that the Property will be operated in a manner meeting all applicable noise,vibration,dust and dirt,smoke,odor and glare laws and regulations. Developer further agrees that the facility upon the Property shall be operated so noise,vibration,dust and dirt,smoke,odor and glare do not go beyond the Property boundary lines. 11. PROOF OF PARKING SPACES: Developer and City acknowledge that the 77 proof of parking spaces proposed for the Property, depicted in the Plans, are designated for use by CIMA Labs Inc. and that said spaces are not required to be constructed at this time. At such time as the City Manager,in his or her sole discretion,determines that it is necessary for all or a portion of the proof of parking spaces to be constructed in order to accommodate the use, the City Manager shall notify the Developer in writing of the need to construct additional proof of parking spaces. This notification shall include the number,location and timetable for construction of the additional proof-of-parking spaces. Developer shall comply with all requirements contained in the City Manager's notification. Developer shall be responsible for acquiring all permits associated with the construction of the proof of parking. 12. RELOCATION/LOWERING OF WATER MAIN: Prior to issuance by the City of any permit for the construction of the proof of parking for the Property,Developer shall submit to the City Engineer, and obtain the City Engineer's written approval of plans for lowering or relocating the existing public watermain within the Property and within public drainage and utility easements. Plans for public infrastructure shall be of a plan view and profile on 24x36 plan sheets consistent with City standards. The design engineer shall provide daily inspection, certify completion in conformance to approved plans and specifications and provide record drawings. 13. RETAINING WALLS: Prior to issuance by the City of any permit for grading or construction on the Property, Developer shall submit to the Chief Building Official, and obtain the Chief Building Official's written approval of detailed plans for the retaining walls 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. 14. SIGNS: Developer agrees that for each sign which requires a permit by Eden Prairie City Code,Section 11.70,Developer shall file with the City Planner and receive the City Planner's written approval of an application for a sign permit. The application shall include a complete description of the sign and a sketch showing the size,location,the manner of construction, and other such information as necessary to inform the City of the kind, size,material construction,and location of any such sign,consistent with the sign plan shown on the Plans and in accordance with the requirements of City Code, Section 11.70, Subdivision 5a. 15. SITE LIGHTING: Prior to building permit issuance,Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for site lighting on the Property. All pole lighting shall consist of downcast shoebox fixtures not to exceed 20 feet in height. Developer shall complete implementation of the approved lighting plan prior to issuance of any occupancy permit for the Property. 16. TRASH ENCLOSURE: Developer has submitted to the City Planner, and obtained the City Planner's written approval of a plan for the design and construction of the outside trash enclosure for the Property. This trash enclosure shall be constructed with face brick to match the building,include a roof,and heavy duty steel gates that completely screen the interior of the enclosure. Developer shall complete implementation of the trash enclosure plan prior to issuance of any occupancy permit for the Property. 17. TRAVEL DEMAND MANAGEMENT PLAN: Developer shall implement the Travel Demand Management Plan (TDM) at the site to help reduce traffic congestion within the area. Prior to issuance of a building permit on the Property, the Developer shall provide to the City an escrow in the amount of$16,561, equal to the estimated cost of implementing the first two years of the TDM Plan. The escrow will be released to the Developer on a "draw-down" basis during the later of the first two years of building occupancy or first two years of TDM Plan implementation, in the following manner: The Developer shall periodically submit to the City receipts of expenses associated with executing the TDM Plan. The City shall have 30 business days to review the receipts. If within this 30 day period the City does not provide the Developer with written notice that it objects to all or any portion of the expenses which the Developer has submitted as TDM implementation expenses then in such event Developer may request a reduction in the escrow in an amount equal to the previous total, less the total receipts submitted. 18. UTILITY EASEMENTS: Prior to the release o f a building permit for the Property, Developer shall convey a 20 foot wide drainage and utility easement to the City,at no cost to the City, over the existing watermain within the property adjacent to Valley View Road. 19. WATER QUALITY STRUCTURE: Developer shall submit detailed construction plans for a water quality structure,as shown in the PUD Drainage Plan,dated August 11,2003,and identified in Exhibit B. The water quality structure shall be designed to treat storm water generated from the Property. The water quality structure shall be privately owned and maintained. 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 CIMA LABS INC. 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 Delaware corporation,on behalf of the Notary Public 35 EXHIBIT A DEVELOPMENT AGREEMENT—CIMA LABS INC. Legal Description Lot 1, Block 1, BRAUNS ESTATES, Hennepin County, Minnesota. EXHIBIT B DEVELOPMENT AGREEMENT- CIMA LABS INC. Cover Sheet dated 8/11/03by Loucks Associates Location Map dated 8/11/03 by Loucks Associates Existing Conditions Plan dated 8/11/03 by Loucks Associates PUD Concept Plan/Site Plan dated 8/11/03 by Loucks Associates PUD Grading/Drainage Plan dated 8/11/03 by Loucks Associates PUD Utility Plan dated 8/11/03 by Loucks Associates Details Sheet dated 8/11/03 by Loucks Associates Landscape Plan dated 8/19/03 by Loucks Associates Landscape Notes and Details dated 8/19/03 by Loucks Associates Floor Plans dated 6/9/03 by Lockwood Greene Engineering and Construction Mechanical Equipment Screening Plan dated 9/23/03 by The Austin Company Travel Demand Management Plan dated 10/03 by CIMA LABS INC. 31 EXHIBIT C DEVELOPMENT AGREEMENT—CIMA LABS INC. 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. 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, those defined in or pursuant to 42 U.S.C. § 9601,et. seq.,or Minn. Stat.,Sec. 115B.01,et. seq. (such substances, wastes,pollutants, and contaminants hereafter referred to as "Hazardous Substances"); C. That Developer has not allowed any other person to use, employ, deposit, store, dispose of,place or otherwise have,in or on the Property,any Hazardous Substances. D. That no previous owner, operator or possessor of the Property deposited, stored, disposed of, placed or otherwise allowed in or on the Property any hazardous substances. Developer agrees to indemnify, defend and hold harmless City, its successors and assigns, against any and all loss,costs,damage and expense,including reasonable attorneys fees and costs that the City incurs because of the breach of any of the above representations or warranties and/or resulting from or due to the release or threatened release of Hazardous Substances which were, or are claimed or alleged to have been,used, employed,deposited, stored, disposed of, placed, or otherwise located or allowed to be located, in or on the Dedicated Property by Developer, its employees, agents, contractors or representatives. 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, C ity may b e without an adequate remedy at 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 39 rescind or revoke any approvals granted by the City. No remedy conferred in this agreement is intended to be exclusive and each shall be cumulative and shall be in addition to every other remedy. The election of anyone or more remedies shall not constitute a waiver of any other remedy. XII. Developer shall,prior to the commencement of any improvements,provide written notice to Time Warner Cable,a Minnesota Limited Partnership,the franchisee under the City's Cable Communication Ordinance(80-33)of the development contemplated by this Development Agreement. Notice shall be sent to Time Warner Cable, 801 Plymouth Avenue North, Minneapolis, Minnesota 55411. XIII. Prior to building permit issuance,all fees associated with the building permit shall be paid to the Inspections Department,including;Building permit fee,plan check fee,State surcharge, metro system access charge(SAC),City SAC and City water access charge(WAC),and park dedication. Contact Metropolitan Waste Control to determine the number of SAC units. XIV. Prior to building permit issuance, existing structures,walls and septic systems (if present) shall be properly abandoned or removed as required by City ordinance and all permits obtained through the Inspections Department. XV. Prior to building permit issuance,provide two copies of an approved survey or site plan(1"= 200 scale)showing proposed building location and all proposed streets,with approved street names, lot arrangements and property lines. XVI. The City shall not issue any building permit for the construction of any building,structure,or improvement o n the Property until a 11 requirements 1 isted i n t his Exhibit C have b een satisfactorily addressed by Developer. XVII. No failure of the City to comply with any term,condition,covenant or agreement herein shall subject the City to liability for any claim for damages, costs or other financial or pecuniary charges. No execution on any claim, demand, cause of action or judgment shall be levied upon or collected from the general credit, general fund or taxing powers of the City. XVIII. Prior to issuance of the first building permit for the Property,Developer shall permanently demarcate the location of the boundary of the conservation easement on each lot property line or corner with permanent four-foot tall posts. A 2 1/2 by 6 inch sign or decal reading "Scenic/Conservation Easement Boundary,City of Eden Prairie",will be affixed to the top of the post. Paragraphs III, VITA, IX, and XVIII are not applicable. EXHIBIT D DEVELOPMENT AGREEMENT—CIMA LABS INC. 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. 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: DO NOT SIGN By: DO NOT SIGN Owner's Signature Applicant's Signature DEVELOPMENT NAME: Lot: Block: OWNER INFORMATION OWNER(PRINT): ADDRESS CITY STATE ZIP CITY COUNCIL AGENDA DATE: 11/18/03 SECTION: Consent Agenda DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Office of City Manager/Planning Scott H. Neal Edenvale Villas Danette Moore Requested Action Move to: • Approve 2nd Reading of the Ordinance for Planned Unit Development District Review with waivers and Zoning District Change from Rural to R1-9.5 on 5.01 acres; and • Approve the Development Agreement for the Edenvale Villas Synopsis This is for the subdivision of 5.01 acres into 15 lots. Attachments 1. Ordinance for PUD District Review with waivers and Zoning District Change 2. Development Agreement 1-1,5 EDENVALE VILLAS CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO.33-2003-PUD-18-2003 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA,ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Rural Zoning District and be placed in the Planned Unit Development R1-9.5 Zoning District 33- 2003-PUD-18-2003 (hereinafter"PUD-18-2003-R1-9.5"). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of November 18, 2003, entered into between Brenshell Development Corporation, and the City of Eden Prairie, (hereinafter"Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD-18-2003-R1-9.5, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-18-2003-R1-9.5 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-18-2003-R1-9.5 is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-18-2003-R1-9.5 are justified by the design of the development described therein. D. PUD-18-2003-R1-9.5 is of sufficient size, composition, and arrangement that its construction, marketing, and operation are feasible as a complete unit without dependence upon any subsequent unit. Section 5. The proposal is hereby adopted and the land shall be, and hereby is removed from the Rural Zoning District, and placed in the R1-9.5 Zoning District and shall be included hereafter in the Planned Unit Development PUD-18-2003-R1-9.5 and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. City Code Chapter 1 entitled "General Provisions and Defmitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 21st day of October, 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 18th day of November,2003. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens,Mayor PUBLISHED in the Eden Prairie Sun Current on y5 EXHIBIT A PUD Legal Description — Edenvale Villas Legal Description Before Final Plat Outlot A, Edenvale 3td Addition,Hennepin County, Minnesota Legal Description After Final Plat Lots 1-7, Block 1, and Lots 1-8,Block 2, Edenvale Villas,Hennepin County, Minnesota 416 EDENVALE VILLAS CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO. 33-2003-PUD-18-2003 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH,AMONG OTHER THINGS,CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA, ORDAINS: Summary: This ordinance allows rezoning of land located at 6525 Birch Road from the Rural Zoning District to the.R1-9.5 Zoning District, and amending of land within the RI-9.5 District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen A.Porta, City Clerk Nancy Tyra-Lukens,Mayor PUBLISHED in the Eden Prairie Sun Current on . (A full copy of the text of this Ordinance is available from City Clerk.) EXHIBIT A PUD Legal Description — Edenvale Villas Legal Description Before Final Plat Outlot A,Edenvale 3rd Addition,Hennepin County, Minnesota Legal Description After Final Plat Lots 1-7,Block 1, and Lots 1-8,Block 2,Edenvale Villas,Hennepin County,Minnesota DEVELOPMENT AGREEMENT EDENVALE VILLAS THIS DEVELOPMENT AGREEMENT ("Agreement") is entered into as of November 18, 2003, by Brenshell Development Corporation.,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 Comprehensive Guide Plan Change from Low Density Residential to Medium Density Residential on 5.01 acres, Planned Unit Development Concept Review on 5.01 acres,Planned Unit Development District Review on 5.01 acres,Zoning District Change from Rural to R1-9.5 on 5.01 acres, and Preliminary Plat of 5.01 acres into 15 lots, legally described on Exhibit A(the"Property"); NOW,THEREFORE,in consideration of the City adopting Resolution No. for Guide Plan Change, Resolution No. for Planned Unit Development Concept Review,Ordinance No. for Planned Unit Development District Review and Zoning District Change from Rural to R1-9.5, and 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 September 2,2003,reviewed and approved by the City Council on October 21, 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. DEVELOPER'S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a violation of City Code relating to use of the Land construction thereon or failure to fulfill an obligation imposed upon the Developer pursuant to this Agreement,City shall give 24 hour notice of such violation in order to allow a cure of such violation,provided however, City need not issue a building or occupancy permit for construction or occupancy on the Land while such a violation is continuing,unless waived by City. The existence of a violation of City Code or the failure to perform or fulfill an obligation required by this Agreement shall be determined solely and conclusively by the City Manager of the City or a designee. 4. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall release,defend and indemnify City,its elected and appointed officials,employees and agents from and against any and all claims, demands, lawsuits, complaints, loss, costs (including attorneys' fees), damages and injunctions relating to any acts, failures to act, errors, omissions of Developer or Developer's consultants,contractors,subcontractors,suppliers and agents. Developer shall not be released from its responsibilities to release, defend and indemnify because of any inspection, review or approval by City. 5. GRADING,DRAINAGE,AND EROSION CONTROL PLANS: A. FINAL GRADING AND DRAINAGE PLAN: Developer agree that the grading and drainage plan contained in the Plans may required revision based on review by the City Engineer of the final construction documents which include a construction grading and drainage plan. Prior to the release of a land alteration permit for the Property,Developer shall submit and obtain the City Engineer's written approval of the construction grading and drainage plan for the Property. The construction 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 construction grading plan.The design professional shall monitor construction for conformance to the approved construction 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 construction 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 50 include all boundary erosion control features,temporary stockpile locations and turf restoration procedures: All site grading operations shall conform to the City's Erosion Control Policy labeled Exhibit D, attached hereto and made a part hereof. Prior to release of the grading bond,Developer shall complete implementation of the approved plan. Developer shall remove any sediment that accumulates in the existing and/or proposed sedimentation pond during construction. Upon request by the City, Developer shall provide preconstruction and post construction surveys for evaluation by City. 6. PUD WAIVERS GRANTED: The city hereby grants the following waivers to City Code requirements within the R1-9.5 Zoning District through the Planned Unit Development District Review for the Property and incorporates said waivers as part of PUD -2003: A. Street frontage waivers for less than the 70 foot minimum for 10 of the 15 lots. 7. REMOVAL/SEALING OF EXISTING WELL AND SEPTIC SYSTEM: Prior to building permit issuance,Developer shall submit to the Chief Building Official and obtain the Chief Building Official's written approval ofplans for demolition and removal of existing septic system and well on the property, and restoration of the Property. Prior to such demolition or removal, Developer shall provide to the City a deposit to guarantee that Developer completes implementation of the approved plan. The city shall return to Developer the deposit at such time as the Chief Building Official has verified in writing that the Developer has completed implementation of the approved plan. 8. RETAINING WALLS: Prior to issuance by the City of any building permit 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. 9. STREET AND UTILITY PLANS: Prior to issuance by the City of any permit for the construction of streets and utilities for the Property, Developer shall submit to the City Engineer,and obtain the City Engineer's written approval of plans for public streets,sanitary sewer,water and storm sewer. The plans shall include Birch Island Road. Birch Island Road shall be improved from the westerly property line east to Harlan Drive as a 28-foot wide 51 bituminous street with curb and gutter and storm sewer as identified in Exhibit B. 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. 10. TREE LOSS - TREE REPLACEMENT: There are 758 diameter inches of significant trees on the Property. Tree loss related to development on the Property is calculated at 282 diameter inches. Tree replacement required is 140 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 for140 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 peiinit 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. 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 Brenshell Development Corporation By By Thomas A. Stokes Nancy Tyra-Lukens Its President 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 ) The foregoing instrument was acknowledged before me this day of , 2003,by Thomas A. Stokes,the President,of Brenshell Development Corporation,a Minnesota corporation, on behalf of the corporation. Notary Public S3 EXHIBIT A DEVELOPMENT AGREEMENT—EDENVALE VILLAS Legal Description Before Final Plat Outlot A, Edenvale 3rd Addition, Hennepin County,Minnesota Legal Description After Final Plat Lots 1-7, Block 1, and Lots 1-8, Block 2, Edenvale Villas, Hennepin County, Minnesota EXHIBIT B DEVELOPMENT AGREEMENT—EDENVALE VILLAS Cover Sheet dated 8/26/03by Landform Existing Conditions and Demolition Plan dated 8/26/03 by Landform Preliminary Plat dated 8/26/03 by Landform Preliminary Grading and Erosion Control Plan dated 8/26/03 by Landform Enlarged Grading and Housepad Details dated 8/26/03 by Landform Preliminary Utility Plan dated 8/26/03 by Landform Preliminary Landscape Plan dated 8/26/03 by Landform Narrative dated 8/26/03 by Landform 55 EXHIBIT C DEVELOPMENT AGREEMENT—EDENVALE VILLAS 1. 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 anyproperty 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. Vll. 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. B. That Developer has not used, employed, deposited, stored, disposed of, placed or 56 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 other remedy. The election of anyone or more remedies shall not constitute a waiver of any 54 other remedy. XII. Developer shall,prior to the commencement of any improvements,provide written notice to Time Warner Cable,a Minnesota Limited Partnership,the franchisee under the City's Cable Communication Ordinance(80-33) of the development contemplated by this Development Agreement. Notice shall be sent to Time Warner Cable, 801 Plymouth Avenue North, Minneapolis,Minnesota 55411. XIII. Prior to building permit issuance,all fees associated with the building permit shall be paid to the Inspections Department,including;Building permit fee,plan check fee,State surcharge, metro system access charge(SAC),City SAC and City water access charge(WAC),and park dedication. Contact Metropolitan Waste Control to determine the number of SAC units. XIV. Prior to building permit issuance, existing structures, walls and septic systems (if present) shall be properly abandoned or removed as required by City ordinance and all permits obtained through the Inspections Department. XV. Prior to building permit issuance,provide two copies of an approved survey or site plan(1"= 200 scale)showing proposed building location and all proposed streets,with approved street names, lot arrangements and property lines. XVI. The City shall not issue any building permit for the construction of any building,structure,or improvement o n the Property until a 11 requirements 1 isted i n t his Exhibit C have b een satisfactorily addressed by Developer. XVII. No failure of the City to comply with any term,condition,covenant or agreement herein shall subject the City to liability for any claim for damages, costs or other financial or pecuniary charges. No execution on any claim, demand, cause of action or judgment shall be levied upon or collected from the general credit, general fund or taxing powers of the City. XVIII. Prior to issuance of the first building permit for the Property,Developer shall permanently demarcate the location of the boundary of the conservation easement on each lot property line or corner with permanent four-foot tall posts. A 2 V2 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—EDENVALE VILLAS 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: 59 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: NOT TO BE SIGNED By: NOT TO BE SIGNED Owner's Signature Applicant's Signature DEVELOPMENT NAME: Lot: Block: OWNER INFORMATION OWNER(PRINT): ADDRESS CITY STATE ZIP • CITY COUNCIL AGENDA DATE: 11/18/03 SECTION: Consent Agenda DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Office of City Manager//Planning Scott H. Neal Eagle Ridge at Hennepin Village 77, C. Michael D. Franzen Requested Action Move to: • Approve 2' Reading of the Ordinance for PUD District Review on 64.9 acres, 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 Site Plan Review on 48 acres; and • Approve the Development Agreement for Eagle Ridge at Hennepin Village; and • Approve and Authorize Issuance of a Grading Permit for Eagle Ridge at Hennepin Village, subject to City Engineer's approval based on final contract documents. Synopsis This is for a revision to the preliminary plat, a change in architecture for 52 townhouses, and six additional townhouse units. The trail easement and access easement contain language to place signs on the Easement Parcel that identify the public access to the Prairie Bluff Conservation Area and the Liatris Lane overlook and parking lot. Attachments 1. Ordinance for PUD District Review and Zoning District Amendment 2. Resolution for Site Plan Review 3. Development Agreement 6I EAGLE RIDGE AT HENNEPIN VILLAGE CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 34-2003-PUD-19-2003 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CERTAIN LAND WITHIN A ZONING DISTRICT, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be amended within the R1-9.5 and RM-6.5 Zoning Districts 34-2003-PUD-19-2003 (hereinafter "PUD-19-2003-R1- 9.5,RM-&.5). Section 3. The City Council hereby makes the following findings: A. PUD-19-2003-R1-9.5, RM-6.5 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-19-2003-R1-9.5, RM-6.5 is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-19-2003-R1-9.5, RM-6.5 are justified by the design of the development described therein. D. PUD-19-2003-R1-9.5, RM-6.5 is of sufficient size, composition, and arrangement that its construction, marketing, and operation is feasible as a complete unit without dependence upon any subsequent unit. Section 4. The proposal is hereby adopted and the land shall be, and hereby is amended within the R1-9.5 and RM-6.5 Districts and shall be included hereafter in the Planned Unit Development 19-2003-R1-9.5, 5, and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 5. City Code Chapter 1 entitled "General Provisions and Definitions bg- Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 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 7th day of October, 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 18th day of November, 2003. ATTEST: Kathleen A. Porta, City Clerk Nancy Tyra-Lukens,Mayor PUBLISHED in the Eden Prairie Sun Current on EXHIBIT A PUD Legal Description — Eagle Ridge at Hennepin Village Tract A and B,Registered Land Survey No. 1730 Torrens Certificate No. 1097740 AND 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 said Northwest Quarter; 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. Torrens Certificate No. 1088493 AND 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 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 defecting 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. Torrens Certificate No. 1090256 AND That part of the South Half of the South Half of the Northwest Quarter of Section 28, Township 116,Range 22,Hennepin County,Minnesota,which lies easterly of the following described line: Commencing at the Southeast corner of the said Northwest Quarter; thence West along the South line of said Northwest Quarter a distance of 890.5 feet to the point of beginning of the line to be described; thence deflecting to the right at an angle of 80 degrees 30 minutes a distance of 419.8 feet to the center line of Hennepin County Road No. 4; thence Northerly along said center line to the North line of said South 1/2 of the South 1/2 of the Northwest Quarter and there terminating, and lying westerly of the following described line: commencing at the Southeast comer of said Northwest Quarter; thence westerly 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 Gy 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. Registered Property AND Tract A, Registered Land Survey No. 1629 Torrens Certificate No. 731469 AND 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. Torrens Certificate No. 534746 (includes additional land) AND That part of Tract D, Registered Land Survey No. 1667, lying northeasterly of Registered Land Survey No. 1730,Hennepin County,Minnesota and lying westerly of the following described line: Beginning at the northeast corner of said Tract D; thence South 89 degrees 09 minutes 06 seconds East, assumed bearing along the north line of said Tract D, a distance of 2161.87 feet to the point of beginning of the line to be described: thence South 25 degrees 11 minutes 51 seconds East, a distance of 126.36 feet; thence southeasterly along a tangential curve concave to the northeast, having a radium of 735.00 feet, an included angle of 21 degrees 53 minutes 23 seconds for an arc length of 280.81 feet to the northeasterly line of said Registered Land Survey No. 1730 and said line there terminating. EAGLE RIDGE AT HENNEPIN VILLAGE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2003- A RESOLUTION GRANTING SITE PLAN APPROVAL FOR EAGLE RIDGE AT HENNEPIN VILLAGE BY PEMTOM LAND COMPANY WHEREAS, Pemtom Land Company, has applied for Site Plan approval of Eagle Ridge at Hennepin Village for a revision to the preliminary plat, a change in architecture for 52 townhouses and six additional townhouse units, by an Ordinance approved by the City Council on November 18, 2003; and WHEREAS,the Community Planning Board reviewed said application at a public hearing at its September 8, 2003 meeting and recommended approval of said site plans; and WHEREAS,the City Council has reviewed said application at a public hearing at its October 7, 2003 meeting. NOW, THEREFORE,BE IT HEREBY RESOLVED B Y THE CITY C OUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval be granted to Eagle Ridge at Hennepin Village based on the developer agreement between Pemtom Land Company and the City of Eden Prairie, reviewed and approved by the City Council on November 18, 2003. ADOPTED by the City Council of the City of Eden Prairie this 18th day of November, 2003. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen A. Porta, City Clerk SUPPLIMENT TO DEVELOPMENT AGREEMENT EAGLE RIDGE AT HENNEPIN VILLAGE THIS SUPPLEMENT TO AGREEMENT, made and entered into as of November 18, 20031 by HENNEPIN VILLAGE LIMITED PARTNERSHIP,a Minnesota limited partnership,hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE,a municipal corporation,hereinafter referred to as "City"; WHEREAS,Developer has applied for Planned Unit Development Concept Amendment on 151.43 acres, Planned Unit Development District Review on 64.9 acres, Zoning District Change from Rural to R1-9.5 on 16.9 acres, Zoning District Change from Rural to RM-6.5 on 48 acres, Site Plan Review on 48 acres, and Preliminary Plat of 12.1 acres into 84 lots, legally described on Exhibit A,the"Amended Property"); WHEREAS, the parties desire to amend the Development Agreement between HENNEPIN VILLAGE LIMITED PARTNERSHIP, a Minnesota 1 imited p artnership, and the City o f E den Prairie for HENNEPIN VILLAGE SITES C AND D,OFFICE AND COMMERCIAL,dated May 20,2003,(hereinafter the "Development Agreement)for that portion of the Property legally described in Exhibit A,attached hereto and made a part hereof, and depicted as the "Amended Area" in the Plans, and made a part hereof; NOW, THEREFORE, in consideration of the City adopting Resolution No. 2003-144 for Planned Unit Development Concept Review,Ordinance 34-2003-PUD-19-2003 for Planned Unit Development District Review and Zoning District Amendment in the R1-9.5 and RM 6.5, Resolution No. for Site Plan Review, and Resolution No.2003-145 for Preliminary Plat,Developer agrees to develop the Property as amended as follows: 1. "Developer shall develop the Amended Area of the Property in conformance with the materials revised and dated August 18,2003,reviewed and approved by the City Council on October 7,2003,and attached hereto as the Plans, subject to such changes and modifications as provided herein. 2.. PUD WAIVERS GRANTED: The City hereby grants the following waivers to City Code requirements within the R1-9.5 and RM-6.5 through the Planned Unit Development District Review for Site C and D and incorporates said waivers as part of 34-2003-PUD-19-2003. 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 7.25 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 3. TRAIL EASEMENT ALONG LIATRIS LANE Prior to the release of any final plat for the Phase II, as shown in plan in Exhibit C, Developer shall submit a Sidewalk and Trail Easement, attached as Exhibit F, for review and written approval by the Director of Parks and Recreation Services. Upon such approval,Developer shall provide an executed copy,in a recordable form, to the City. 4. PUBLIC EASEMENT FOR LIATRIS LANE: Prior to the release of any final plat for the Phase II, as shown in plans in Exhibit D, Developer shall submit a public easement, attached as Exhibit I,for review and written approval by the Director of Parks and Recreation Services. Upon such approval, Developer shall provide an executed copy, in a recordable form,to the City. 5. PRIVATE ACCESS EASEMENT OVER JUNEGRASS LANE: Prior to the release of any final plat for Phase II,as shown in plans in Exhibit D, Developer shall submit a private easement granting access to the adjacent property (PIN # 28-116-22-32-0005) over the private portion of Junegrass Lane extending from the westerly boundary of the Property to the public right of way of Junegrass Lane, for review and written approval by the City Engineer. Upon such approval,Developer shall provide an executed copy, in a recordable form,to the City. 6. Developer agrees to and reaffirms all of the terms and conditions and accepts the obligations of"Developer"under the Development Agreement,except as inconsistent with or amended by this Supplement. Hennepin Village Limited Partnership CITY OF EDEN PRAIRIE a Minnesota limited partnership By: The Pemtom Land Company Its: General Partner Nancy Tyra-Lukens,Mayor By: Its: Scott H. Neal, City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2003,by Nancy Tyra-Lukens 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 Pemtom Land Company, the General Partner, of Hennepin Village Limited Partnership, a Minnesota limited partnership, by , its , on behalf of the partnership. Notary Public 70 EXHIBIT A LEGAL DESCRIPTION—EAGLE RIDGE AT H F NNEPIN VILLAGE ONE Tract A and B, Registered Land Survey No. 1730 Torrens Certificate No. 1097740 AND 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 said Northwest Quarter; 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. Torrens Certificate No. 1088493 AND 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 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 defecting 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. Torrens Certificate No. 1090256 AND That part of the South Half of the South Half of the Northwest Quarter of Section 28, Township 116, Range 22, Hennepin County, Minnesota, which lies easterly of the following described line: Commencing at the Southeast corner of the said Northwest Quarter; thence West along the South line of said Northwest Quarter a distance of 890.5 feet to the point of beginning of the line to be described; thence deflecting to the right at an angle of 80 degrees 30 minutes a distance of 419.8 feet to the center line of Hennepin County Road No. 4; thence Northerly along said center line to the North line of said South 1/2 of the South 1/2 of the Northwest Quarter and there terminating, and lying westerly of the following described line: commencing at the Southeast corner of said Northwest Quarter; thence westerly 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. Registered Property AND Tract A, Registered Land Survey No. 1629 Torrens Certificate No. 731469 AND 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. Torrens Certificate No. 534746 (includes additional land) AND That part of Tract D, Registered Land Survey No. 1667, lying northeasterly of Registered Land Survey No. 1730, Hennepin County, Minnesota and lying westerly of the following described line: Beginning at the northeast corner of said Tract D; thence South 89 degrees 09 minutes 06 seconds East, assumed bearing along the north line of said Tract D, a distance of 2161.87 feet to the point of beginning of the line to be described: thence South 25 degrees 11 minutes 51 seconds East, a distance of 126.36 feet; thence southeasterly along a tangential curve concave to the northeast, having a radium of 735,00 feet, an included angle of 21 degrees 53 minutes 23 seconds for an arc length of 280.81 feet to the northeasterly line of said Registered Land Survey No. 1730 and said line there terminating. -7a EXHIBIT B PLANS EAGLE RIDGE AT HENNEPIN VILLAGE ONE • Cover sheet, dated August 18, 2003 by Westwood Professional Services, Inc. • Existing Conditions Survey Sheet, dated August 18,2003 by Westwood Professional Services, Inc. • Proposed Land Use Plan, dated August 18, 2003 by Westwood Professional Services,Inc. • Preliminary Plat Overall, dated August 18, 2003 by Westwood Professional Services,Inc. • Preliminary Plat, dated August 18, 2003 by Westwood Professional Services, Inc. • Preliminary Plat, dated August 18, 2003 by Westwood Professional Services, Inc. • Preliminary Plat, dated August 18, 2003 by Westwood Professional Services, Inc. • Preliminary Grading Plan, dated August 18, 2003,by Westwood Professional Services,Inc. • Preliminary Grading Plan, dated August 18, 2003 by Westwood Professional Services,Inc. • Preliminary Grading Plan, dated August 18, 2003, 2003 by Westwood Professional Services, Inc. • Preliminary Utility Plan, dated August 18, 2003 by Westwood Professional Services,Inc. • Preliminary Utility Plan, dated August 18, 2003 by Westwood Professional Services,Inc • Preliminary Utility Plan, dated August 18, 2003 by Westwood Professional Services,Inc • Preliminary Landscape Plan, dated August 18,2003,by Westwood Professional Services, Inc. • Preliminary Landscape Plan, dated August 18, 2003,by Westwood Professional Services, Inc. • Preliminary Landscape Plan, dated August 18, 2003,by Westwood Professional Services, Inc. • Approved Architectural Elevations, dated August 18, 2003,by Westwood Professional Services, Inc. • Proposed Architectural Elevations, dated August 18, 2003,by Westwood Professional Services, Inc. -73 EXHIBIT F - TRAIL EASEMENT EAGLE RIDGE AT H H:NNEPIN VILLAGE ONE (" Grantor")hereby grants and conveys this day of 2003, to City of Eden Prairie ("Grantee") an easement("Easement") for the following uses and purposes and subject to the following terms and conditions on, over, under, and across under real property in the County of Hennepin, State of Minnesota, described in Exhibit A attached and made a part here of. ("Easement Parcel") 1. Uses and Purposes. The Easement shall be for the following purposes and uses of the Easement parcel: A. To construct, maintain and replace a public trail; B. For pedestrian travel by the public in or on non-motorized vehicles; C. For travel by the public in or on motorized vehicles authorized by Grantee; D. To remove, cut and trim trees, shrubs and vegetation. E. To place signs on the Easement Parcel that identify the public access to the Prairie Bluff Conservation Area and the Liatris Lane overlook and parking lot depicted on Exhibit B hereto. 2. Nonexclusive. The Easement shall be nonexclusive, provided however, the Easement shall be paramount and superior to any other easement. Any other easement shall be subject and subordinate to, and shall not interfere with, the Easement without the consent, in writing, of Grantee. 3. Duration of Easement. The Easement shall be perpetual, shall run with the land and shall be binding upon Grantor and Grantor's heirs, successors and assigns and shall be for the benefit of Grantee, its successors and assigns. 4. Grantor covenants that Grantor is the record Fee Owner of the Easement Parcel, holds the legal and equitable title thereto, free and clear of all mortgages, liens and encumbrances, except the holder(s) of which has/have agreed in writing to the Easement pursuant to the attached consent(s) and has lawful right and authority without restriction to grant and convey the Easement. 7y 5. Grantor, its successors and or assigns, shall not place signs in the Easement Parcel without the consent in writing from the City Manager of the Grantee or the City Manager's designee. The City Manager shall not allow signs which in his sole determination interfere, impair or detract from the public's use of the public access and egress to and from the Prairie Bluff Conservation Area through Liatris Lane, the Liatris Lane overlook and parking lot. —15 IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. GRANTOR CITY OF EDEN PRAIRIE Nancy Tyra-Lukens, Mayor Scott H. Neal, City Manager STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 2003, by Nancy Tyra-Lukens 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 , a Minnesota , on behalf of the corporation. Notary Public EXHIBIT I - Public Easement for Liatris Lane (" Grantor")hereby grants and conveys this day of 2003, to City of Eden Prairie a municipal corporation ("Grantee") the following: 1. A perpetual, non-exclusive easement for the benefit and use by the public for vehicular and pedestrian ingress and egress on, over and across the real property legally described on Exhibit A, ("Easement Parcel") to be commonly known as Liatris Lane, for access from Charlson Road to any property owned by the City of Eden Prairie along the bluff of the Minnesota River and to the outlook located at the Southerly end of Liatris Lane, as depicted in Exhibit B hereto. The easement shall be paramount and superior to any other easement. Any other easement shall be subject and subordinate to, and shall not interfere with the easement. 2. A perpetual, non-exclusive easement for Grantee to place signs on the Easement Parcel that identifies the public access to the Prairie Bluff Conservation Area and the Liatris Lane overlook and parking lot depicted on Exhibit 1 hereto. 3. Duration of Easement. The Easement shall be perpetual, shall run with the land and shall be binding upon Grantor and Grantor's heirs, successors and assigns and shall be for the benefit of Grantee, its successors and assigns. 4. Grantor covenants that Grantor is the record Fee Owner of the Easement Parcel, holds the legal and equitable title thereto, free and clear of all mortgages, liens and encumbrances, except the holder(s) of which has/have agreed in writing to the Easement pursuant to the attached consent(s) and has lawful right and authority without restriction to grant and convey the Easement. 5. Grantor, its successors and or assigns, shall not place signs, other than signs that identify the name of the street, in the Easement Parcel, without consent in writing from the City Manager of the Grantee or the City Manager's designee. The City Manager shall not allow signs which in his sole determination interfere, impair or detract from the public's use of the public access and egress to and from the Prairie Bluff Conservation Area through Liatris Lane, the Liatris Lane overlook and parking lot. - J IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. GRANTOR CITY OF EDEN PRAIRIE Nancy Tyra-Lukens, Mayor Scott H. Neal, City Manager STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 2003, by Nancy Tyra-Lukens 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 , a Minnesota , on behalf of the corporation. Notary Public t (� CITY COUNCIL AGENDA DATE: November 18,2003 SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: ITEM NO.: Engineering Final Plat Approval of Emerson Process Y Randy Slick Management Addition • Requested Action Move to: Adopt the resolution approving the final plat of Emerson Process Management Addition. Synopsis This proposal is located at 12001 Technology Drive. The plat consists of 58.89 acres to be divided into two lots and right-of-way dedication for street purposes. Lot 1 contains 18.1 acres and will be incorporated into the proposed Costco development. Lot 2 is the existing Rosemont,Inc.facility. Background Information The preliminary plat was approved by the City Council July 15, 2003. Second Reading of the Rezoning Ordinance and final approval of the Developer's Agreement was completed on October 21,2003. Approval of the final plat is subject to the following conditions: • Receipt of engineering fee in the amount of$6,772.35. • Receipt of street lighting fee in the amount of$27.80. • Prior to release of the final plat, Developer shall provide to the City a current title insurance policy. • 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 Conservation Easement for the protection of existing trees on the property. • Prior to release of the final plat, Developer shall submit a bond equal to 125% of the cost of said trail improvements. • Prior to release of the final plat,Developer shall submit a Trail Easement. • Prior to release of the final plat, Developer shall submit a Roadway Easement for the construction of a public roadway as defined on plat. • Prior to release of the final plat,Developer shall submit a Wetland Plan. • Revision to plat to include Drainage and Utility Easement over Lake Idlewild. Attachments Drawing of final plat CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF EMERSON PROCESS MANAGEMENT ADDITION WHEREAS,the plat of Emerson Process Management 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 Emerson Process Management Addition is approved upon compliance with the recommendation of the City Engineer's report on this plat dated November 18, 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 November 18,2003. Nancy Tyra-Lukens,Mayor ATTEST: SEAL Kathleen A.Porta, City Clerk W ;i1:'\ IQ h a3 —---- Z. 4::B 1,4 y 1 I .\� }ea ,e c'S h ncS o di t 3# ii th �Z `� I1 `'� S r r ^y bk - ci x f I Lt799 r 3,91,Z.C.OS ; i/1 zz / J; I Y il ! C)f5 6 b! "fa ill i /f ,4,.., i 1\ I �. Y #tfi S `� �+r: Wn� s,: u ,� i< �4�*may Gh n o `." ' •Y• a ,hs ., .,\ �!" --2,&/.tG05 11 -,e u:, A ; i7� 5xCZ C 4•+ C I . ,i.r c i/z—.> ;a o 4J�. I,, W �� rlt �Q'o zoruh-' g tl I�1 t ,c oa a 1 ..• b 1,1 e. Q tl8 1 S�S =M !-.'.I C ,.' ► ' yY Z 14 C 1 a t$1 /44 t%,3 , n by a + , §ri i , % ,s ' Q a' r.7 3JC i yA .e; NN g 9' i o$ a Y •k E I/ '.04 1 b F..z '`\ ' "r I1�I YJ,1„^ ¢ v I Y j%: ,,,, ,/5� Has Ar//'xN 3u Ar/t 7N `'�c _. 4J f` o� L t--t t - j - 3YI A'7srz,;fm?x A.3/i Jr '•�� WO \ ,' --'i'' '' 6, Q ` w WW u3r' °ss?zr os'� r---- \4)0 S /„ i `/ J't,� ,I a3A1//rN3vt A3M JSY3 1 , �'1KZllT^T L .j3.IfY 3x lav J3L OGJ i WM 7317Vx,I 3.7 r- \ I 2 1 "Sc I Ur , N I ' :n \ •� 1 4 ,/asA r/,:xx 3W A 311 JSYJ 3v V _' J M1 A JS3.J3ilnn r MA VPIM'/3/7 r—� I ya N• [1(� ;1�.4 e h C3 w �: N R l b J ct l C� O i r�r I Fab 1' `C (� W a g I ji N ~ N 1 i 1 - "a A lJ gWII JS✓J 3t!A.N7 JSir� ` [15 1Ya ()WI 7.R'.P%°3 a H asAr/,'MN3a A,/,...N3wA �!J r "; �I 1 V h\ w l J//J51'J 3x A!%I J5✓J JW A 357 JSY3 1 S.;I W W Z 44 o I Iy� Y '3 PW1x 1` °' /: n /, `V Xh v CC : CD, -'.` .. p�i4, r ` c 2 I :i/: rn,: .iv :i/: .ov �/ 3s'v o'i \ h C 4,y rya v ! yY m 0 ca 2 11. 1 O V yI v `, .',• 4..A H VAA 1/1%IN 30 A,/,WI,3W A La j �, . et asa 3x A 3//15,3.31I A 3x7 J53.— p Q �{ �4 E h at 1 0,331(/'OW J$A,/-03,0.A b �J ,�� Ib � l//JSr3 3,1 A Z//J53.3tl A 3•s1 JS✓3— O A% s Q ii/r ,r„v 3v ii/: ,r„• -.v LI/i 3 �v Gi i Iri ►h f a • W ' 1, t 1.1 3 II aAA A'NN 3W A1/1 NN 3W A t i `,i I �. ? I/,un.NJ A T//JS3.3((.o 3V1 is s-, J�.Q' q� .I--///ti1 69•LOcl 1,1„LY,940N ---_.. C J� aSi 1 I �y-�ii r�^ / IJa 1� I1 3C ,i /a 35A 1//'%N'3 .10 / IN 3f/A 3, J530 ., 1 ry.I � �z� 1IP I• t Ii a btS$ 1.1a'lq' R E ig 1 —I1-0/ ;ea CI ; 1 i+01 9 ...,,,,... N eo a Lu •'t.% i.i� CITY COUNCIL AGENDA DATE: November 18,2003 SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: ITEM NO.: Engineering Final Plat Approval of Edenvale Villas Randy Slick , • Requested Action Move to: Adopt the resolution approving the final plat of Edenvale Villas. Synopsis This proposal is located at 6525 Birch Island Road. The plat consists of 5.01 acres to be divided into fifteen single family lots and road right-of-way dedication for street purposes. This is a replat of Outlot A, Edenvale 3rd Addition. Background Information The preliminary plat was approved by the City Council October 21, 2003. Second Reading of the Rezoning Ordinance and final approval of the Developer's Agreement was completed on November 18, 2003. Approval of the final plat is subject to the following conditions: • Receipt of engineering fee in the amount of$712.00. • Receipt of street lighting fee in the amount of$14.17. • Receipt of street sign fee in the amount of$1,024.60. • Prior to release of the final plat, Developer shall provide to the City a current title insurance policy. • Satisfaction of bonding requirements for the installation of public improvements. • 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. Attachments Drawing of final plat CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF EDENVALE VILLAS WHEREAS, the plat of Edenvale Villas 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 Edenvale Villas is approved upon compliance with the recommendation of the City Engineer's report on this plat dated November 18, 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 November 18,2003. Nancy Tyra-Lukens,Mayor ATTEST: SEAL • Kathleen A.Porta, City Clerk g x . 0 1.- ./. \ ---- \ ----- -- -- -- \ ---- ----- t- -- \ -- .r;Civ..:- ---- • \ :::-. \ .•::.1:;, .•.....--- ....r.:,*1• .....- . V ---- .:.7...,.:•-• ....... c..1 i,..*..: .,..-- ..,,,i7..::::"- --- 01'19 ---"...---- ...-- -t.•• s........:• 1.1.,1..,:::11 % ..-- 451 .......-- s .--- ..... 9. . ......----' •-.1.5% . ...1---- .: ..... " t'z, -'...... .-. ..-••• c. 00,,.. ka ..., --- 8.6% ... 0 9 ........., • R \ 0.3 ,...''' -----. \ ' -- -- -- ,..............,...................-................- -- ..^ ... V. 99 e i ]ia .e,........-.....---.."-- r ........ 2.. i i el 0 et 1 ....._. _..1 I' \ ---- 1 P i • r- 1 --- —....:;. A. c. ... i ...----_____.....-- . 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L------ I 1:g • I tr------------ _I\ 0 ,I 0 'ao ........)\ t ,-,!„. t.. g 2 1 • 1 , -------------J ,-- I ___ g6,991 J,1921 0,,p. ———— . \-c., gi•92L'42 91'9L Ca i' 2 9 edei9 3.LC,60.801" ,cro99.4f 0,14,1 AO .1-:1)V..153 •a. 0 NS. .5> 4, E:AiliE.1 2 C1'A V.11;.:————— ____----.—--.— ___--- 1 ------- ........--- —_— --—--------..---- 0 . %.11 CITY COUNCIL AGENDA DATE: November 18,2003 SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: ITEM NO.: Engineering Final Plat Approval of Eagle Ridge at Hennepin , Ft Randy Slick Village Two Requested Action Move to: Adopt the resolution approving the final plat of Eagle Ridge at Hennepin Village Two. Synopsis This proposal is located north of TH 212 between Spring Road and Flying Cloud Airport. The plat consists of 2.67 acres to be divided into 15 lots and one outlot. This is a revision to the preliminary plat. Revisions include change in architectural design and six additional townhome units. This is a replat of Outlots I and J,Eagle Ridge at Hennepin Village One. Background Information The preliminary plat was approved by the City Council October 7, 2003. Second Reading of the Rezoning Ordinance and final approval of the Developer's Agreement was completed on November 18,2003. Approval of the final plat is subject to the following conditions: • Receipt of engineering fee in the amount of$712.00. • 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. • Receipt of warranty deed for Outlot A. Attachments Drawing of final plat -65 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF EAGLE RIDGE AT HENNEPIN VILLAGE TWO WHEREAS, the plat of Eagle Ridge at Hennepin Village Two 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 Eagle Ridge at Hennepin Village Two is approved upon compliance with the recommendation of the City Engineer's report on this plat dated November 18, 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 November 18, 2003. Nancy Tyra-Lukens,Mayor ATTEST: SEAL Kathleen A.Porta, City Clerk �K'j ^'i =t1 S t e = i %I = i_ Iof tit ids 1 i il i =E2 { 1 IS t It- s a : yQ t F el 1.1/ s Ca di IV o. ill •4 i • t ;1 -a' s o s ; . . I "Lk�. � al ?I I O W jill! 1 OOZ£l 3o0 . W R 3 IU ti k' € k.- fr x -"R t ti 8q- €. �T::F56 £€ t a 1 t € I.EvIIII El a yr a F= .� a $ b :1, 1 � iM - E = s - 8 pp E t.f CR $• 3 }' it p g :f g y i d lz fpF € r eta t[ 8 y}g �i.� �t ►t { ! �" L III t xgg tigg,g '' i I f 1 n lilt 11 VIE� i� a -$ `i"i f=i 35 6 :$ •-.• .? • i t x=` i` F �`y =` rs�i'b. c 1111 °V y 2f sf=i L' 40 "' 8Y i `e ••, I 1! a ,.i£s I LO'O►l 3.06?.. 1 a e. e41.4 � •`F TESTY lit it aEri' : �t - _ Bill z 40; %.i �2 -Aiy f *i € tglggYa k� I. Lei rj vE .L(•- t:yr�` its C^ II S\ •1 's- I f ys- -11 1. . [ ; c t R Y >`` _; 1 'CZ2 • ..• '•'rr��_ • ' -�. s {r. w ��., ._ ''.•--•-,•.- - -. • ti_ CS 4.;L•'i«i.aL.. „'raj]..',: J a_' - •am„.-••••`r,,,,,,,.-'-...'........-..�,... -�L - 'a - ..'4 ia.-aY.-':::.; .:-.:.---•;t•'-.-r.?.t'�` ---',__ .=.aa«rr +�4'C. •ac .-�`.�''•a,..:.i•.,+.-_"�.`'a.^ ..t.s+.c"_ - _._ .. . :�.•, ''• CITY COUNCIL AGENDA DATE: November 18,2003 SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: ITEM NO.: Engineering Final Plat Approval of Bryant Lake View Second Randy Slick Addition it G-r Requested Action Move to: Adopt the resolution approving the final plat of Bryant Lake View Second Addition. Synopsis This proposal is located at 12790 Century Lane. The plat consists of 2.57 acres to be divided into two single family lots. This is a replat of Lot 1,Block 1,Bryant Lake View Estates. Background Information The preliminary plat was approved by the City Council July 15, 2003. Second Reading of the Rezoning Ordinance and final approval of the Developer's Agreement was completed on August 19,2003. Approval of the final plat is subject to the following conditions: • Receipt of engineering fee in the amount of$300.00. • 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 utility and maintenance agreement addressing the use and maintenance of sanitary sewer and water services. • Prior to release of'the final plat, Developer shall convey drainage and utility easement to the City, as identified in Exhibit B. • Revision of plat to include street name change to Century Lane. • Revision of plat to include a drainage and utility easement over a portion of Lot 2 for the proposed sanitary sewer. Attachments • Drawing of final plat • Sj CITY OF EDEN PRAIRIE HENNEPIN COUNTY,NIINNESOTA RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF BRYANT LAKE VIEW SECOND ADDITION WHEREAS, the plat of Bryant Lake View Second 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 Bryant Lake View Second Addition is approved upon compliance with the recommendation of the City Engineer's report on this plat dated November 18,2003. 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 November 18, 2003. Nancy Tyra-Lukens,Mayor ATTEST: SEAL Kathleen A.Porta, City Clerk q9 - _ ,,-..--,7:-- • 1 .. - La . •-:•-- • En ' 1 i'' ,:-..-• ?:"- I . ... ‘..„1. I • ..ir i •i• 1,3 i ,--c -- Z" .. = u4.,v, .,_ 5 2 m.< (..) . .1. J. - 0 .. E. --,•\-::`,''' ----- R----15--.5bo.to 1 ..„.•, La II .- ....`"ft . • • 2 r.;Itl ,•' / °P,.,,d11 • —. ---- r). ° 0 ' / e:.1?3%,PP „-- $ Nt —,,z / op .\' '. ,••• / .. sll ,-'. 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Synopsis Dan Herbst, Pemtom Land Company has requested City Council approval of Hennepin Village RLS located north of TH 212 and east of Spring Road. The RLS will subdivide the Hennepin Village property consistent with the staging in the purchase agreement between Pemtom and Lynn Charlson. Implementation of the RLS will eliminate the necessity of specific Council action for each of the future stages of purchase. Staff recommends this procedure. Background Information This property is part of the Hennepin Village Planned Unit Development. This proposal falls under the guideline for a"simple subdivision" defined within the City Code. Approval is subject to the following conditions: • Receipt of engineering fee in the amount of$300.00 Attachment: Drawing 9t CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING THE REGISTERED LAND SURVEY FOR PEMTOM LAND COMPANY BE IT RESOLVED,by the Eden Prairie City Council as follows: That the Registered Land Survey for Pemtom Land Company, dated November 5, 2003, and consisting of 73 acres into 5 tracts, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on November 18, 2003. Nancy Tyra-Lukens,Mayor ATTEST: SEAL Kathleen A.Porta, City Clerk I REGISTERED LAND SURVEY NO. 1 L IiMINEPIN COUNfl MINNESOTA / \•cs l N00°11'25"E 1101.58 -..' c ') / 986.81 1 c 6`�;_, C - } = in Q ci 6 r / Y `• 1`'_ 1f N00°11'25-E 0 1 • 1251.15 1 d 0 4 07 v in tl. t° /�.� co • (•( 1D V 501 IA l r. i a • �� a�92 �y F- 4'Tao -d- (.0 M co inn c-r- O Nm. 0 n u u y, 3 <C CO xJQ 00.6k k30 N�Wl y i •Z e • 'I ryb oS m� 0 ly O o I �6�g1 2 ro „fib 0 .o•SO u�i Ill,. •_'•S'S• iN { (j. 0p a Cr• i o ,. ' �4 4 .O. l� r W • • • / it --� y1G0,s<_;_• 60 i ^• ,g y1eS°S6 "'N00°19'16'WR$z 6.6 5 160'g5v �-�s �� `vp 171.00pIJ_ ,ko52� .'. .R y 2�5o9tip6 4,/ %� �Sv r: 6:Poo . 1,„,,„ �^ i o- .iv ,. m:14:: =rya • --Or*ii�N ' oy�^ �3aO m cna / •a �s• vy°vC O^ k000L'_'. •1 ¢Bso 03� NI. ipry,lO.ryk - -o ? ..pitf.q 1ok9e4' Ico N t Vo^ Otis CO ID 210 � N tO }••• , NI CO 0 U C)TO rQ �y �' ohwry �a�., o CSCQ om CO 40 (S���- _(° -% I • 566.30 1026.47 . _ / • N00°23'39"E 1594.77 ' r `- rwif / /J C;. / _J r-A/NI r- L)in/.r• AT I I(_'AIAIf_'DIAI I /II I A/\r' /IAIr- IL • Lr '.DL_C_ I\ILJ\7L_ r,I 11L_INI`IL_, WI VIL_L.rl\7L VI'IL- O Denotes 1/2 inch x 14 inch capped iron rebor set do marked by R LS Registration No. 12043 • Denotes iron monument found 95 Bearings shown on this plat are WESrwoo 7 based upon assumed datum. /+i 11 L/ 00 0 200 400 600 Professional Services, Inc. • CITY COUNCIL AGENDA DATE: November 18,2003 SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: I.C. 98-5471 ITEM NO.: Engineering Approve Change Order No. 1 for Hillcrest/ - Rodney W. Rue Alpine Street Reconstruction Project I Requested Action Move to: Approve Change Order No. 1 for the Hillcrest/Alpine Street Reconstruction Project in the amount of$1,777.23. Synopsis This Change Order is the result of extra work to connect a new catch basin to an existing catch basin. This change was based on neighborhood concerns regarding drainage patterns. Background Information The lump sum amount of the Change Order is based on additional time needed to make this connection. Attachments Change Order No. 1 CHANGE ORDER#1 Date: 10/31/03 To: City of Eden Prairie City Improvement Contract #: I.C. 98-5471 Project Name: Hillcrest/Alpine Street Reconstruction Contractor: S.M. Hentges & Sons, Inc. Engineer: Hansen Thorp Pellinen Olson Inc. Nature of Changes: 1. Additional time to connect CB to existing CB Adjustments to Contract Price: 1. Additional labor cost, lump sum $ 1,777.23 Summafy of Contract Changes: Contract Amount prior to Change Order#1 $ 1,261,847.46 Net Increase resulting from Change Order.#1 $ 1,777.23 Current Contract Amount including Change Order#1: $ 1,263,624.69 THE ABOVE CHANGES ARE APPROVED: Hansen Thorp Pellinen Olson, Inc. City of Eden Prairie By By Date l/l4lb,S Date THE ABOVE CHANGES ARE ACCEPTED: S.M. Hentges & Sons, In . By Date 95 CITY COUNCIL AGENDA DATE: November 18,2003 SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: I.C. 03-5606 ITEM NO.: Public Works Hidden Ponds Trail and Pond Improvements Eugene A.Dietz () Requested Action Move to: Approve Professional Services Agreement with HTPO, Inc. for the Hidden Ponds Trail and Pond Improvements project at an estimated cost of$32,000. Synopsis Over the past five or six years,the Parks and Recreation Department has worked with the Hidden Ponds neighborhood in an effort to upgrade the trail system that was constructed with the original development. Originally, the outlots upon which the trails are constructed were owned by the Homeowners Associations. The Parks and Recreation Department has completed a process to transfer the ownership to the City of Eden Prairie. This now allows for a public process to upgrade the trails. In conjunction with the trail improvement, the consultant will develop plans for maintenance of the ponding areas generally contained within the same outlots. Background Information Throughout the discussions with the Hidden Ponds neighborhoods, the principle has been that if the Homeowners Association would upgrade the trail system to City standards, the City would take over ownership and ongoing maintenance. The scope of this consultant contract provides for the development of a feasibility report that will allow for the project costs to be specially assessed against the properties in the development. During the past two years, staff has been engaged in preparing a Local Water Management Plan. Part of that document contemplates the need to maintain the ponding and drainage systems in the community. There has never been any maintenance of the ponds in this neighborhood. Access to the ponds will be the trail system that is proposed to upgraded. Therefore, the initial step of the project will be to perform pond maintenance activities in advance of reconstructing the trails to avoid future damage to the finished trail project. The agenda includes a resolution authorizing the feasibility study, which contemplates specially assessing the neighborhood for the cost of trail improvements. The pond improvements would be paid utilizing Storm Water Utility Funds. 9 , Z �1 p 1 I Engineering•Surveying ;) Landscape Architecture October 22,2003 Mr. Gene Dietz City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Re: Hidden Ponds Trail and Pond Improvements Eden Prairie Project No. 03-5606 Dear Gene: As requested, the following estimates for civil engineering and surveying services for the above referenced project is provided for your consideration. Estimate Scope of Services $22,000.00 Preparation of Feasibility Report for reconstruction of approximately 4,000 feet of trails; cleaning sediment out of existing pond/wetland nos. 7-12-A, B, C, 7-23-A, and 7-24-A, B,F; erosion and storm sewer outlet repairs within the improvement areas. Includes topography of ponds for volume computations and cost estimates. Assumes that wetland delineations, and boundary,tree, and topographic surveys along the trail will not be required. ($5,000 of this fee is attributable to trail improvements and $17,000 is attributable to pond improvements and erosion and outlet repairs). 7510 Market Place Drive $10,000.00 Sediment Sampling to determine Eden Prairie, MN 55344 original wetland bottoms and analysis 952-829-0700 952-829-7806 fax for contaminants. Assumes one sample per pond will be adequate. Work to be c HANSEN THORP PELLINEN OLSON, INC. Dietz/Johnson October 22, 2003 Page 2 completed by Braun Intertec. See attached. (100% of this fee is attributable to pond improvements). HTPO, Inc. proposes to provide services in accordance with the attached General Conditions. Invoices will be submitted based on actual hours worked using a 2.4 multiplier times direct personnel expense. Services provided by sub consultants will be passed on to you with no markup. We will keep you informed of our work progress and the above fee estimates will not be exceeded without prior approval from your office. Customary reimbursable expenses (printing, courier, and other out-of-house services and documents) are passed on directly to you. We invoice our services monthly payable within 30 days. Thank you for this opportunity to provide our services. Sincerely, HANSEN THORP PELLINEN OLSON, INC. J. ?-4)1140,--, Laurie A. Johnson, P.E. Principal LAJ:ks Enclosure Approved: City of Eden Prairie By: By: L4' CITY OF EDEN PRAIRIE GENERAL CONDITIONS Consultant Agreement SECTION 1: PROJECT INFORMATION by Consultant's negligence. 1.1 City will provide to Consultant all known information 2.5 City agrees to render reasonable assistance requested by regarding existing and proposed conditions of the site or which Consultant to enable performance of work without delay or affects the work to be performed by Consultant. Such interference,and upon request of Consultant,to provide a suitable information shall include, but not be limited to site plans, workplace. surveys, known hazardous waste or conditions, previous laboratory analysis results,written reports,soil boring logs and 2.6 City will be responsible for locating and identifying all applicable regulatory site response(Project Information). subterranean structures and utilities. Consultant will take reasonable precautions to avoid damage or injury to subterranean 1.2 City will transmit to Consultant any additions,updates,or structures and utilities identified and located by City and/or revisions to the Project Information as it becomes available to representatives of Utility Companies. City,its subcontractors or consultants. SECTION 3: SAMPLES 1.3 City will provide an on-site representative to Consultant within 24 hours upon request, to aid, define, supervise, or 3.1 Consultant may retain at its facility selected soil, water, or coordinate work or Project Information as requested by material samples for a maximum of 30 days after completion of Consultant. the work and submission of Consultant's report,which samples shall remain the property of City. Unless otherwise directed by 1.4 Consultant will not be liable for any decision,conclusion, the City,Consultant may dispose of any samples after 30 days. recommendations, judgement or advice based on any inaccurate information furnished by City, or other 3.2 Disposal of contaminated or hazardous waste samples is the subcontractors or consultants engaged by City. responsibility of City. After said 30 days,City will be responsible to select and arrange for lawful disposal procedures that include SECTION 2: SITE LOCATION,ACCESS,PERMITS, removal of samples from Consultant's custody and transporting APPROVALS AND UTILITIES them to a disposal site. City may request, or if City does not arrange for disposal, Consultant may deliver samples to City, 2.1 City will indicate to Consultant the property lines of the freight collect,or arrange for lawful disposal and bill City at cost site and assume responsibility for accuracy of markers. plus 15%. 2.2 City will provide for right-of-way for Consultant personnel SECTION 4: FEE PAYMENT/CLAIMS and equipment necessary to perform the work. 4.1 Consultant will submit invoices to City monthly,and a final 2.3 City will be solely responsible for applying for and invoice upon completion of work. Invoices will show charges obtaining permits and approvals necessary for Consultant to based on the current Consultant Fee Schedule or other documents perform the work. Consultant will assist City in applying for as attached. and obtaining such permits and approvals as needed. It is understood that City authorizes Consultant to act as agent for 4.2 To receive any payment on this Contract,the invoice or bill City for City's responsibilities under this section including must include the following signed and dated statement: "I declare signing certain forms on City's behalf such as Right-of-Way under penalty of perjury that this account, claim, or demand is forms. just and correct and that no part of it has been paid." 2.4 While Consultant will take reasonable precautions to 4.3 The balance stated on the invoice shall be deemed correct minimize any damage to property,it is understood by City that unless City notifies Consultant,in writing,of the particular item in the normal course of the work some damage may occur. that is alleged to be incorrect within ten (10) days from the The correction of any damage is the responsibility of City or, invoice date. Consultant will review the alleged incorrect item at City's direction,the damage may be corrected by Consultant within ten(10)days and either submits a corrected invoice or a and billed to City at cost plus 15%. Notwithstanding the statement indicating the original amount is correct. above,Consultant agrees to be responsible for damage caused City of Eden Prairie General Conditions • Consultant Agreement December 2000 Page 1 of 4 4.4 Payment is due upon receipt of invoice (or corrected to mislead others by omitting certain aspects contained in the invoice)and is past due sixty(60)clays from invoice date. On report. past due accounts,City will pay a finance charge of 1.5%per month on the unpaid balance,or the maximum allowed by law, 5.5 Consultant will consider Project Information as confidential whichever is less,until invoice is fully paid. and will not disclose to Third parties information that it acquires, uncovers, or generates in the course of performing the work, 4.5 If City fails to pay Consultant within sixty (60) days except as and to the extent Consultant may,in its sole discretion, following invoice date, Consultant may deem the default a deem itself required by law to disclose. breach of its agreement, terminate the agreement, and be relieved of any and all duties under the agreement. City SECTION 6: DISPUTES/LIMITATIONS OF REMEDIES however,will not be relieved of Fee Payment responsibilities by the default or termination of the agreement. 6.1 In the event of a breach of Contract by City,the Consultant shall not be entitled to recover punitive,special or consequential 4.6 City will be solely responsible for applying for and damages or damages for loss of business. obtaining any applicable compensation fund reimbursements from various state and federal programs. Consultant may 6.2 City will pay all reasonable litigation or collection expenses assist City in applying for or meeting notification including attorney fees that Consultant incurs in collecting any requirements,however. Consultant makes no representations delinquent amount City owes under this agreement. or guarantees as to what fund reimbursement City may receive. Consultant shall not be liable for any reductions from 6.3 If City institutes a suit against Consultant,which is dismissed, reimbursement programs made for any reason by state or dropped,or for which judgement is rendered for Consultant,City federal agencies, except as may be caused by Consultant's will pay Consultant for all costs of defense, including attorney negligence. fees,expert witness fees and court costs. 4.7 City may withhold from any fmal payment due the 6.4 If Consultant institutes a suit against City,which is dismissed, Consultant such amounts as are incurred or expended by the dropped,or for which judgement is rendered for City,Consultant City on account of the termination of the Contract. will pay City for all costs of defense, including attorney fees, expert witness fees and court costs. SECTION 5: OWNERSHIP OF DOCUMENTS 6.5 Dispute Resolution 5.1 Consultant will deliver to City certain reports as instruments of the professional work or services performed 6.5.1 Mediation pursuant to this Agreement. All reports are intended solely for City,and Consultant will not be liable for any interpretations All claims, disputes and other matters in question (hereinafter made by others. "claim")between the parties to this Agreement,arising out of or relating to this Agreement or the breach thereof,shall be subject 5.2 City agrees that all reports and other work furnished to to mediation. If the parties have not resolved the dispute within City,or City's agents or representatives,which are not paid for, thirty(30)days of receipt of a written complaint,each party may will be returned to Consultant upon demand and will not be require the dispute be submitted for mediation. If the parties are used by City for any purpose. unable to agree on a mediator within ten(10) days following a request for mediation,either party may request that a mediator be 5.3 Unless otherwise agreed, Consultant will retain all appointed by the Fourth Judicial District Court. The parties agree pertinent records or reports concerning work and services to share equally all fees incurred in the mediation. performed for a period of at least two(2)years after report is submitted. During that time the records will be made available The parties shall submit to mediation for a minimum of eight(8) to City during Consultant's normal business hours. City may hours. The parties agree that the mediation proceedings are obtain reproducible copies of all software, manuals, maps, private and confidential. If, at the end of eight hours of drawings, logs and reports at cost, plus 15%, for data and mediation, the parties have not resolved the dispute,the parties materials not being provided as part of the scope of work for may agree to extend hours of mediation. the project. 6.5.2 Arbitration 5.4 City may use the Consultant report in its entirety and may make copies of the entire report available to others. However, At the option of the party asserting the same,a claim between the City shall not make disclosure to others of any portions or parties to this Agreement, arising out of or relating to this excerpts of a report constituting less than the entire report,or Agreement or the breach thereof, whereby the party or parties City of Eden Prairie General Conditions Consultant Agreement December 2000 Page 2 of4 /00 asserting the same claims entitlement to dmmmges or payment 73 Although data obtained from discrete sample locations will be of less than $25,000.00 in aggregate may be decided by used to infer conditions between sample locations no guarantee arbitration in accordance with the Construction Industry may be given that the inferred conditions exist because soil, Arbitration Rules of the Alutlican Arbitration Association then surface and groundwater quality conditions between sample existing unless the parties mutually agree otherwise. In the locations may vary significantly, and because conditions at the event any person shall commence an action in any court for time of sample collection may also vary significantly with respect any claim arising out of or relating to this Agreement or the to soil,surface water and groundwater quality at any other given breach thereof or the Project or construction thereof or any time and for other reasons beyond Consultant's control. contract for such construction, the party making a claim in arbitration may dismiss such proceedings(unless the hearing 7.4 Consultant will not be responsible or liable for the on the claim has commenced)and elect to assert its claim in interpretation of its data or report by others. such action if such party could have done so but for the provisions of this Paragraph. SECTION 8: GENERAL INDEMNIFICATION The parties agree to bear equal responsibility for the fees of 8.1 Consultant will indemnify and hold City harmless from and AAA,including the arbitrator(s). Judgement upon the award against demands,damages,and expenses caused by Consultant's rendered by the arbitrator(s) may be entered in any court negligent acts and omissions, and breach of contract and those having jurisdiction thereof. negligent acts, omissions, and breaches of persons for whom Consultant is legally responsible. City will indemnify and hold In the event that arbitration services are not available from Consultant harmless from and against demands, damages, and AAA,either party may request that an arbitrator be appointed expenses caused by City's negligent acts and omissions, and by the Fourth Judicial District Court. breach of contract and those acts, omissions, and breaches of persons for whom City is legally responsible. 6.5.3 Compliance SECTION 9: INSURANCE/WORKER'S The parties deem the dispute resolution procedure as set forth COMPENSATION herein to be an integral and essential part of this Agreement. A party's failure to comply in all respects with this procedure 9.1 Consultant represents and warrants that it has and will shall be a substantial breach of this Agreement. The maintain during the performance of this agreement Worker's arbitrator(s)shall be authorized to assess costs and attorney's Compensation Insurance coverage required pursuant to Minn. fees against a party that has failed to comply with the Stat. 176.181,subd.2 and that the Certificate of Insurance or the procedure in all respects,and,may as a condition precedent to written order of the Commissioner of Commerce permitting self arbitration,require the parties to mediate in accordance with insurance of Worker's Compensation Insurance coverage Section 6.5.1 hereof. provided to the City prior to execution of this agreement is current and in force and effect. SECTION 7: STANDARD OF CARE 9.2 Consultant shall procure and maintain professional liability 7.1 Because no sampling program can prove the non-existence insurance for protection from claims arising out of professional or non-presence of contaminated conditions or materials services caused by any negligent act,error or omission for which throughout the "entire" site or facility, Consultant cannot Consultant is legally liable. warrant,represent, guarantee,or certify the non-existence or non-presence, or the extent of existence or presence, of 9.3 Certificate of insurance will be provided to City upon request. contaminated conditions or materials, and City's obligation under this agreement will not be contingent upon Consultant's SECTION 10: TERMINATION delivery of any warranties, representations, guarantees, or certifications. 10.1 The agreement between Consultant and City may be terminated by either party upon thirty-(30)days written notice. 7.2 Consultant's opinions,conclusions,recommendations,and report will be prepared in accordance with the proposal,scope 10.2 If the agreement is terminated prior to completion of the of work,and Limitations of Environmental Assessments and project, Consultant will receive an equitable adjustment of no warranties,representations,guarantees,or certifications will compensation. be made. Except that Consultant warrants that hardware and software will perform as represented in proposal and other parts of this agreement. City of Eden Prairie General Conditions Consultant Agreement December 2000 Page 3 of 4 /01 • SECTION 11: ASSIGNMENT SECTION 17: DATA PRACTICES ACT COMPLIANCE • 11.1 Neither party may assign duties,rights or interests in the 17.1 The Consultant shall at all times abide by Minn.Stat 13.01 performance of the work without obtaining the prior written et seq., the Minnesota Government Data Practices Act, to the consent of the other party, which consent will not be extent the Act is applicable to data and documents in the unreasonably withheld. possession of the Consultant SECTION 12: DELAYS SECTION 18: DISCRIMINATION 12.1 If Consultant is delayed in performance due to any cause In performance of this contract, the Consultant shall not beyond its reasonable control, including but not limited to discriminate on the grounds of or because of race,color,creed, strikes,riots,fires,acts of God,governmental actions,actions religion,national origin,sex,marital status,status with regards to of a third party, or actions or inactions of City,the time for public assistance,disability,sexual orientation,or age against any performance shall be extended by a period of time lost by employee of the Consultant,any subcontractor of the Consultant, reason of,the delay. Consultant will be entitled to payment for or any applicant for employment. The Consultant shall include a its reasonable additional charges,if any,due to the delay. similar provision in all contracts with subcontractors to this Contract. The Consultant further agrees to comply will all aspects SECTION 13: EXTRA WORK of the Minnesota Human Rights Act,Minn.Stat.363.01,et seq., Title VI of the Civil Rights Act of 1964,and the Americans with 13.1 Extra work, additional compensation for same, and Disabilities Act of 1990. extension of time for completion shall be covered by written amendment to this agreement prior to proceeding with any SECTION 19: CONFLICTS extra work or related expenditures. No salaried officer or employee of the City and no member of the SECTION 14: WITHHOLDING TAXES Board of the City shall have a fmancial interest,direct or indirect, in this contract The violation of this provision renders the 14.1 No final payment shall be made to the Consultant until Contract void. Any federal regulations and applicable state the Consultant has provided satisfactory evidence to the City statutes shall not be violated. that the Consultant and each of its subcontracts has complied with the provisions of Minn. Stat 290.92 relating to SECTION 20: ENTIRE AGREEMENT withholding of income taxes upon wages. A certificate by the Commissioner of Revenue shall satisfy this requirement 18.1 This Agreement contains the entire understanding between the City and Consultant and supersedes any prior written or oral SECTION 15: AUDITS agreements between them respecting the written subject matter. There are no representations, agreements, arrangements or 15.1 The books, records, documents and accounting understandings, oral or written between City and Consultant procedures and practices of the Consultant or other parties relating to the subject matter of this Agreement which are not relevant to this Agreement are subject to examination by the fully expressed herein. City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this 18.2 The agreement between Consultant and City may be Contract modified only by a written amendment executed by both City and Consultant SECTION 16: PAYMENT TO SUBCONTRACTORS 18.3 This agreement is governed by the Iaws of the State of 16.1 The Consultant shall pay to any Subcontractor within ten Minnesota. (10)days of the Consultant's receipt of payment from the City for undisputed services provided by the Subcontractor. The Consultant shall pay interest of one and a half percent (1-1/2%)per month or any part of a month to a Subcontractor on any undisputed amount not paid on time to the Subcontractor. The minimum monthly interest penalty payment for an unpaid balance of$100.00 or more is$10.00. For an unpaid balance of less than$100.00, the Consultant shall pay the actual amount due to the Subcontractor. City of Eden Prairie General Conditions Consultant Agreement December 2000 Page 4 of 4 ioa CITY COUNCIL AGENDA DATE: November 18,2003 SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: I.C. 03-5606 ITEM NO.: Public Works Resolution Ordering Feasibility Report for Eugene A. Dietz Hidden Ponds Trail and Pond Improvement Requested Action Move to: Adopt resolution authorizing the preparation of a feasibility report for Hidden Ponds Trail and Pond Improvements. Synopsis With the assistance of HTPO, Inc. (see agenda item for Professional Services Agreement) a feasibility report will be prepared with the intent to upgrade the trails to City Standards and assess the cost to the Hidden Ponds and Hidden Ponds Second Addition neighborhoods. Background Information See this Agenda for additional information listed under the Agenda Item for Professional Services Agreement for this project. This project is being advanced "under Council's own motion". Therefore, it is necessary that each resolution throughout the process be adopted by four-fifths majority. The project's schedule is anticipated as follows: • The feasibility study will be completed by Spring/Summer 2004. • Public Hearing for the feasibility study would occur Summer/Early Fall 2004. • Bids and construction would be scheduled for pond maintenance to occur during the Winter of 2004/2005 and trail reconstruction would be completed in the Summer of 2005. /03 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. RESOLUTION ORDERING FEASIBILITY REPORT HIDDEN POND TRAIL.AND POND IMPROVEMENTS WHEREAS,it is proposed to make the following improvements: I.C. 03-5606: Maintenance of ponds and upgrade of existing trails in the Hidden Ponds Addition and Hidden Ponds Second Addition to current City Standards. and assess the benefited property for all or a portion of the cost of the improvements, pursuant to Minnesota Statutes,Chapter 429. NOW,THEREFORE,BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: That the proposed improvements be referred to the City Engineer for study with the assistance of HTPO, Inc., and that a feasibility report shall be prepared and presented to the City Council with all convenient speed advising the council in a preliminary way as to the scope,cost assessment and feasibility of the proposed improvements. ADOPTED by the Eden Prairie City Council on November 18,2003. Nancy Tyra-Lukens,Mayor ATTEST: SEAL Kathleen A.Porta,City Clerk /� 1 CITY COUNCIL AGENDA DATE: 11/18/03 SECTION: Public Hearings DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Office of City Manager/Planning Scott H.Neal Meadowcroft zaL • Michael D. Franzen Requested Action • Close the Public Hearing; and • Adopt the Resolution for PUD Concept Review on 14.6 acres; and • • Approve 1st Reading of the Ordinance for PUD District Review with waivers on 7.08 acres and Zoning District Change from Rural to R1-22 on 7.08 acres; and • Adopt the Resolution for Preliminary Plat of 14.6 acres into 4 lots and 2 outlots; and • Direct Staff to prepare a Developer's Agreement incorporating Staff and Board recommendations and Council conditions. Synopsis This project is for four single-family lots to be rezoned R1-22. The lots will be served by a private drive,requiring a waiver for lots without frontage on a public road. Community Planning Board Recommendation The Community Planning Board voted 5-0 to recommend approval of the project at its October 27, 2003 meeting. Background Information The four lot subdivision has minimal site grading,retaining walls, and tree loss (9%). Outlot B (7.5 acres) is proposed to be gifted to the City. The waiver for Lots lthrough 4 without frontage on a public road may have merit based on the following: • The property will use the existing private drive that crosses adjacent property. • Constructing a public street to serve the limited number of lots would require significant land alteration and a bridge to cross Riley Creek. • The proposed width of the private drive meets with the Fire Marshall's approval. The existing driveway easement needs to be modified to allow the extension of City water to Dell Road,joint access, and maintenance responsibilities. The final plat needs to be modified to extend sewer and water to the adjoining property to the southeast. 105 City Council Public Hearing—Meadowcroft November 18,2003 Page 2 Attachments 1. Resolution for PUD Concept Review 2. Resolution for Preliminary Plat 3. Community Planning Board Minutes dated October 27,2003 4. Staff Report dated November 14, 2003 MEADOWCROFT CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2003- A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF MEADOWCROFT FOR NICKEL 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 November 18, 2003 on Meadowcroft by Nickel 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 November 18, 2003. NOW,THEREFORE,BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. Meadowcroft,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 November 7, 2003. 3. That the PUD Concept meets the recommendations of the Community Planning Board dated October 27,2003. ADOPTED by the City Council of the City of Eden Prairie this 18th day of November, 2003. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen A.Porta, City Clerk /01- EXHIBIT A PUD Concept- Meadowcroft Legal Description: Lot 17,Block 1, Settlers Ridge 4th Addition /OZ. MEADOWCROFT CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2003- RESOLUTION APPROVING THE PRELIMINARY PLAT OF MEADOWCROFT FOR NICKEL LAND COMPANY BE IT RESOLVED,by the Eden Prairie City Council as follows: That the preliminary plat of Meadowcroft for Nickel Land Company dated November 7,2003,and consisting of 14.6 acres into 4 lots and 2 outlots, 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 18th day of November, 2003. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen A. Porta, City Clerk MI STAFF REPORT TO: Community Planning Board FROM: Scott A. Kipp, Senior Planner DATE: October 24, 2003 PROJECT: Meadowcrofl APPLICANT: Nickel Land Company OWNER: Dr. Steven Brown LOCATION: 9950 Dell Road REQUEST: 1. Planned Unit Development Concept Review on 14.6 acres 2. Planned Unit Development District Review with waivers on 7.08 acres 3. Zoning District Change from Rural to R1-22 on 7.08 acres 4. Preliminary Plat on 14.6 acres into 4 lots and 2 outlots I/O Area Location Map - Meadowcroft 9950 Dell Road 1 ' r ` `" : Overland Terrace \i_H '`' s' ."1_`_ _ _ \ . . --1-7I-Z-:::-< / _.... �1I \ Dell Road 1 . . t //1 . SITE , ( Frontier Place _—_____ ... Flying Cloud Drive/212 , 1,.a ) . Rice Lake ' No Scale r (` ' ' I Staff Report—Meadowcroft October 24,2003 BACKGROUND The site is guided low density residential and open space. The site is zoned Rural. There is one existing residence on the site. In 1999,the City Council approved the Brown Addition(Settler's Ridge 4th Addition)which included a PUD Concept and Metropolitan Urban Service Area(MUSA) line shift for the subject property for four single-family lots. In 2000, the Community Planning Board reviewed a development proposal for five single-family lots on the property. The Board continued the project at that time for the developer to reduce the number of lots and to keep all grading within the MUSA. The developer withdrew the project. PRELIMINARY PLAT The preliminary plat shows the subdivision of 14.6 acres into four lots and two outlots. Lot sizes range between 38,984 sq. ft. and 106,775 sq. ft. exceeding the minimum required lot size of 22,000 sq. ft. in the R1-22 zoning district. Outlot A is for the private road connection to Dell Road. Outlot B, identified as Park, is outside the MUSA and will remain in the Rural zoning district. All structures meet the setback requirements for the R1-22 Zoning District. The existing house will remain with the project. The gross density of the property is 0.27 units per acre. The net density(less Outlot B) is 0.56 units per acre. PUD WAIVERS The project includes the use of a private drive to serve the property. This will require a waiver through the PUD as follows: • Lots 1 through 4 without frontage on a public street. City Code requires single-family lots to have frontage on a public street. The waiver may have merit based on the following: • The property will use the existing private drive that crosses adjacent property. • Constructing a public street to serve the limited number of lots would require significant land alteration and a bridge to cross Riley Creek. • The proposed width of the private drive meets with the Fire Marshall's approval. C lea Staff Report—Meadowcroft October 24, 2003 GRADING AND TREE LOSS Grading is proposed on the most northern portion of the site,part of which is located outside the MUSA, for private drive access and building pads. There is an estimated 6,183 diameter inches on the entire site. This is based on a survey of trees within the developed portion of the site and a mensuration process for the remainder of the property. Tree loss based on the overall property is 568 diameter inches, or 9%. Tree loss within the proposed lots is 52%. The required tree replacement based on tree calculations for the entire site is 68 caliper inches. The plan provides 116 caliper inches. Conservation easements are proposed for the preservation of trees for that portion of the lots located outside the MUSA. ALTERNATIVE GRADING PLAN In 2000,the Community Planning Board took action to continue the previous development proposal for the property to keep grading within the MUSA. That project was withdrawn before any alternative plan was developed. The MUSA line in Eden Prairie was established by the Met Council to guide the extension of sewer in an orderly and cost effective manner and protect the slopes and trees facing the Minnesota River. There is no regulation prohibiting grading or cutting of trees outside the MUSA. The land is zoned Rural and one house per ten acres is allowed. An alternative grading plan and profile have been prepared for this project to compare the site impacts with the proposed grading plan. The alternative plan which keeps all grading within the MUSA requires significant fill and retaining walls to maintain adequate driveway grades and house pads without impacting the existing woods on the south side. ROADS AND UTILITIES The existing private drive will serve the development. Sanitary sewer and water will be extended from Settler's Ridge 4th Addition just north of the proposed project to serve the lots. Water service will be extended within the private drive to Dell Road for future extension. The exiting house will connect to public utilities and the private systems properly abandoned. Storm water will drain to a storm scepter prior to discharge to Purgatory Creek. All roof drainage will be collected in the storm sewer system. Ili Staff Report—Meadowcroft October 24,2003 SHORELAND CODE The property contains Shoreland Area since it is located within 1,000 feet of Rice Lake and 300 feet of Riley Creek. Rice Lake is classified as Natural Environment Water, and Riley Creek as General Development Water. The Shoreland Area of Rice Lake does not affect the development of the property. Lot 4 is within 150 feet of the creek and considered an abutting lot which must meet the following requirements. • Minimum lot size— 13,500 square feet • Minimum lot width at building line- 120 feet • • Minimum lot width at Ordinary High Water Level— 120 feet • Minimum setback from Ordinary High Water Level— 100 feet Lot 4 meets these requirements. Within a Shoreland Area no development is permitted in a bluff,which is a slope that averages 30% or greater. A small portion of bluff exists on the north side of Lot 4. The proposed house pad is outside of the bluff area, and meets the required 30 foot bluff setback. The bluff area will be placed within a conservation easement. ARCHAEOLOGICAL SURVEY Due to the close proximity of the property to known Native American burial mounds an archaeological survey was completed for the project. Based on this report, no evidence was found to suggest any additional Native American burial mounds exist on this property. WETLANDS A wetland exists within Outlot B. No development or alteration is proposed near the wetland. CASH PARK FEES The property owner, at some future date,proposes to gift the 7.51 acre Outlot B identified as park to the City for park use in lieu of cash park fees. The City will accept this gift of land. However this cannot be in lieu of cash park fees. The property can either be gifted to the City and cash park fees paid, or dedicated to the City at the time of final platting in lieu of cash park fees. ADVERTISING BILLBOARD The property contains an advertising billboard adjacent to Highway 212. The City eliminated the advertising sign zone is 1995. Advertising billboards have been removed throughout the City as a part of land development projects. This sign is considered non-conforming, and will need to be removed as part of the development of the property. Staff Report—Meadowcroft October 24,2003 CONCLUSION The proposed plan is consistent with the PUD concept approved in 1999 for the number of lots. The analysis of keeping all grading within the MUSA, as previously recommended,would result in a plan that requires significant fill and retaining walls not in keeping with the natural lay of the land. STAFF RECOMMENDATION Recommend approval of the following request: • Planned Unit Development Concept Review on 14.6 acres. • Planned Unit Development District Review with waivers on 7.08 acres. • Zoning District Change from Rural to R1-22 on 7.08 acres. • Preliminary Plat of 14.6 acres into 4 lots and 2 outlots. This is based on plans dated October 17, 2003, the staff report dated October 24, 2003, and the following conditions: 1. Prior to City Council review, the proponent shall obtain, and provide to the City,written acknowledgement from the adjoining property owner who shares the existing driveway that utilities and grading will occur on his property, and a reciprocal,joint access and maintenance easement will be required. 2. Prior to release of the final plat, the proponent shall: A. Submit a reciprocal,joint access and maintenance easement for the private driveway which will be recorded on the property. B. Remove the advertising billboard located on the property. C. Submit for review a conservation easement for the protection of existing trees and shoreland bluff as identified on the plans. 3. Prior to grading permit issuance,the proponent shall: A. Notify the City and Watershed District 48 hours in advance of grading. B. Install erosion control on the property, as well as tree protection fencing at the grading limits in the wooded areas for trees to be preserved as part of the development. Said fencing shall be field inspected by the City Forester prior to any grading. C. Submit detailed storm water runoff,utility, and erosion control plans for review and approval by the City Engineer and Watershed District. L15 Staff Report—Meadowcroft October 24,2003 4. Prior to building permit issuance for the property, the proponent shall: A. Submit a tree replacement surety equivalent to 150% of the cost of the tree replacement improvements indicated on the approved plan. B. Submit evidence that the driveway easement for reciprocal,joint access and maintenance has been recorded on the property. C. Submit evidence that the conservation easement for the protection of existing trees and shoreland bluff identified on the plans has been recorded on the property. D. Pay the cash park fee. 5. The following waivers have been granted through the PUD: A. Lots 1 through 4 without public road frontage. Code requires frontage on a public road. Planning Board Minutes October 27, 2003 Page 5 D. MEADOWCROFT by Nickel Land Company for Planned Unit Development Concept Review on 14.6 acres, Planned Unit Development District Review with waivers on 7.08 acres,Zoning District Change From Rural to R1-22 on 7.08 acres, and Preliminary Plat of 14.6 acres into 4 lots and 2 outlots. Location: 9950 Dell Road. Daren Laberee of Westwood Professional Services, Inc., presented the project. He said the project had been in front of board before and they were asked to reduce density and tree loss and stay within the MUSA line. He stated the current plan is less dense and consists of 14 %Z acres of which 71/2 acres are to be given to the City for parkland. He said they intend to impact the site as little as possible. He stated the topography of the site includes a creek, woods and a ravine. He said there is no public road because of the existing topography but there is an easement in place for access to the site. The tree loss on the site will be approximately 9%. He continued the landscape plan buffers the development from neighbors. The building pads are within the MUSA line although some of the grading will be outside the MUSA. They had tried keeping all of the grading within the MUSA but it would result in having to build 17 foot high retaining walls which are a safety issue. Franzen stated the developer was previously directed to develop the most environmentally sensitive plan they could. The exhibits indicate that the land will be given to the City and the proposed plan impacts the site in a minimal way. Steppat stated he noticed there is a billboard on the property and asked if it was going to be removed. Laberee responded it would. Stoelting asked staff about the tree loss and positioning of the house pads. Fox responded they are doing well regarding tree loss. It's consistent with other developments with similar topography. When there are steep slopes, heavier development is at the top of the slopes and trees are maintained on the lower parts. Brooks asked about price point of homes. Laberee responded they were priced between$400,000 and 575,000. Stoelting stated they had them readdress the location of the road because of the impact to the MUSA line. The alternative results in steep retaining walls. He asked if Board members were comfortable with the proposed plan. Brooks stated he believed they want to do the plan with grading outside the MUSA line. He asked why it would be important to grade within the MUSA. Franzen responded the Met Council developed the MUSA line to control the rate of growth of utilities and to protect the Minnesota River Bluff. According to code its not a bluff since it is not in a shoreland area and subject to bluff regulations but is � 1- Planning Board Minutes October 27, 2003 Page 6 referred to locally as the Minnesota River Bluff. The MUSA line is not a straight line, it meanders so all existing houses stay within in the MUSA line. If there had been no houses, the line would have been drawn straighter,running parallel with Highway 212 and there may not have been a MUSA line grading issue with this project. The Met Council was telling us this was the best part of the bluff but after reviewing the plans some minor grading outside the MUSA line saves more tree mass and overall grading is less. Steppat stated the plan seems to be the best possible use of a very difficult property. Sutherland agreed with Steppat. Foote stated he also agreed. Grading within the MUSA line with a 17 foot retaining wall is not a good alternative. MOTION by Brooks, second by Foote to close the public hearing. Motion carried, 5-0 MOTION by Brooks, second by Steppat, to recommend approval of a Planned Unit Development Concept Review on 14.6 acres,Planned Unit Development District Review with waivers on 7.08 acres, Zoning District Change From Rural to R1-22 on 7.08 acres, and Preliminary Plat of 14.6 acres into 4 lots and 2 outlots,based on plans dated October 17, 2003, subject to the recommendations of the staff report dated October 24, 2003,to the City Council. Motion carried, 5-0 1 I ' CITY COUNCIL AGENDA DATE: SECTION: Public Hearing November 18, 2003 SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Police Resolution Amending Resolution No. 2002-190 Lieutenant Mike Bosacker Regulating Fees and Charges for Business Y J-1J- TR Licenses,Permits and Municipal Services Requested Action Move to: Close the Public Hearing; and Adopt the Resolution amending Resolution No 2002-190,Regulating Fees and Charges for Business Licenses,Permits and Municipal Services. Synopsis The Council adopts the fee resolution each December for the fees that will be charged and collected the following year. Because liquor license renewals are sent out before the fee resolution is approved, it is necessary to update the fee resolution now. Staff has compared the fees the City charges to comparable cities,has taken into consideration that liquor related fees have not changed since November 1999 and recommends the following increases: 3.2 Beer Annual License Fee- On-Sale from$500.00 to $750.00 3.2 Beer Annual License Fee - Off-Sale from$100.00 to $150.00 Liquor Annual License Fee—On-Sale from$7,500.00 to $8,500.00 3.2 Beer, Wine, Liquor Investigation Fee for New Managers - from$0.00 to $25.00 3.2 Beer, Wine, Liquor Investigation Fee for License Change—from$0.00 to $150.00 These fees will provide a more reasonable reimbursement of City costs. In 2003,the City issued the following licenses: 3.2 beer On-Sale licenses—3 3.2 beer Off-Sale licenses—9 Liquor On-Sale licenses—25 I 19 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2003- A RESOLUTION AMENDING RESOLUTION NO. 2002-190 REGULATING FEES AND CHARGES FOR BUSINESS LICENSES, PERMITS AND MUNICIPAL SERVICES BE IT RESOLVED, that changes to Section 2.12 LIQUOR,be added to read as follows: 3.2 Beer Annual License Fee- On-Sale $750.00 3.2 Beer Annual License Fee- Off-Sale $150.00 Liquor Annual License Fee—On-Sale $8,500.00 3.2 Beer, Wine, Liquor Investigation Fee for New Managers $25.00 3.2 Beer, Wine, Liquor Investigation Fee for License Change $150.00 ADOPTED by the City Council of the City of Eden Prairie on this 18th day of November, 2003. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen Porta, City Clerk to CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims November 18,2003 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). Check numbers include those payments that would have been OK'd at the November 4, 2003 Council. Those checks were mailed out as usual November 7,2003. Synopsis Checks 124654— 125383 Wire Transfers 1889- 1909 Background Information Attachments /al City of Eden Prairie Council Check Smmwy 1I118/2003 Division Amount General 804,719 100 City Manager 1,471 101 Legislative 1,444 102 Legal Counsel 37,948 110 City Clerk 582 111 Customer Service 24,426 112 Human Resources 2,879 113 Communication Services 5,022 114 Benefits&Training 4,547 115 Risk Management 62,751 116 Facilities 17,848 117 City Center 225,482 130 Assessing 989 131 Finance 1,254 132 Social Services 30,487 133 Community Development -2,005 135 Information Technology 58,371 136 Wireless Communication 7,767 137 Economic Development 95 150 Park Administration 514 151 Park Maintenance 30,333 152 Parks Capital Outlay 6,025 153 Athletic Programs 8,196 154 Community Center 32,397 156 Youth Programs 29,377 157 Special Events 1,271 158 Senior Center 5,124 159 Recreation Administration 98 160 Adaptive Recreation 196 161 Oak Point Pool 1,119 162 Arts 548 163 Park Facilities 1,886 180 Police 21,844 183 Civil Defense 8,517 184 Fire 27,661 186 Inspections 476 200 Engineering 984 201 Street Maintenance 37,482 202 Street Lighting 51,420 203 Fleet Services 45,638 204 Equipment Revolving 53,103 301 CDBG 20 302 HRA Fund 450 303 Cemetary Operation 234 308 E-911 1,482 311 Grant Fund 328 314 Liquor Compliance 435 416 Certificate Debt Fund 12,610 423 2003C Open Space Bonds 1,000 424 G.O.Improvement Bonds 2003D 5,000 502 Park Development 15,985 503 Utility Improvement 60,618 506 Improvment Bonds 1996 382,162 509 CIP Fund 63,559 511 Construction Fund 182,338 512 CIP Trails 3,595 601 Prairie Village Liquor 143,650 602 Den Road Liquor 254,143 603 Prairie View Liquor 124,720 701 Water Fund 183,021 702 Sewer Fund 7,502 703 Storm Drainage Fund 35,010 803 Escrow Fund 29,996 806 SAC Agency Fund 105,825 Report Total 3,263,967 1 City ofEden Prairie Council t'ti Register 11/18/2003 Check# Amount Vendor/Explanation Account Description Business Unit I889 22,882 MINNESOTA DEPT OF REVENUE State Taxes Withheld General Fund 1890 8,424 ICMA RETIREMENT TRUST457 Deferred Compensation General Fund 1891 14,483 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund 1892 113,806 WELLS FARGO MINNESOTA N A Employers SS&Medicare General Fund 1893 291 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Services 1894 62,683 MINNESOTA DEPT OF REVENUE Police Reports General Fund 1895 65,932 PUBLIC EMPLOYEES RETIREMENT Employers PERA General Fund 1896 1,571 MINNESOTA DEPT OF REVENUE State Taxes Withheld General Fund 1897 2,774 WELLS FARGO MINNESOTAN A Federal Taxes Withheld General Fund 1898 8,574 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 1899 14,433 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund 1900 23,159 MINNESOTA DEPT.OF REVENUE State Taxes Withheld General Fund 1901 114,387 WELLS FARGO MINNESOTA N A Employers SS&Medicare General Fund 1902 25 MINNESOTA DEPT OF REVENUE Licenses&Taxes Fleet Services 1903 67,157 PUBLIC EMPLOYEES RETIREMENT Employers PERA General Fund 1904 8,629 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 1905 12,610 ANCHOR BANK Interest $890,000 G.O.Cert.of Indebt 1906 23,658 MINNESOTA DEPT OF REVENUE State Taxes Withheld General Fund 1907 13,466 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund 1908 115,813 WELLS FARGO MINNESOTAN A Employers SS&Medicare General Fund 124654 1,118 BRINK,ANDY Fac.Rental-P&R Ice Arena 124655 1,961 CLAREYS INC Operating Supplies Fire 124656 85 COMMISSIONER OF TRANSPORTATION Equipment Repair&Maint Traffic Signals 124657 29 CULLIGAN BOTTLED WATER Operating Supplies Fire 124658 696 DE LAGE LANDEN FINANCIAL SERVI Other Rentals General 124659 596 DEPARTMENT OF HUMAN SERVICES Other Contracted Services Park Maintenance 124660 174 DMX/MINNEAPOLIS Other Contracted Services Prairie View Liquor Store 124661 1,530 EDEN PRAIRIE FIREFIGHTER'S REL Union Dues Withheld General Fund 124662 2,631 EMERGENCY APPARATUS MAINTENANC Equipment Repair&Maint Fire 124663 206 ESCHELON TELECOM INC Equipment Repair&Maint Telephone 124664 95 GOVERNMENT FINANCE OFFICERS AS Conference Expense Finance 124665 324 HANLON,KIM Operating Supplies Fire 124666 160 IIMC Dues&Subscriptions In Service Training 124667 3,457 METRO SALES INCORPORATED* Other Contracted Services Telephone 124668 350 MFSCB Employment Support Test Fire 124669 390 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund 124670 500 OLYMPIC HILLS GOLF CLUB Employee Award Human Resources 124671 337 PETTY CASH Miscellaneous City Council 124672 281 PITNEY BOWES Postage General 124673 34 RAINBOW FOODS INC. Operating Supplies Cummins House Special Events 124674 450 SEARS EDEN PRAIRIE Operating Supplies HOPE PROGRAM 124675 68 SIMON,ANDREA Conference Expense In Service Training 124676 399 SKILLPATH SEMINARS Conference Expense In Service Training 124677 10 STAR TRIBUNE Misc Non-Taxable Prairie View Liquor Store 124678 508 VOLUNTEER FIREFIGHTERS BENEFIT Dues&Subscriptions Fire 124679 82 WERTS,SANDY Operating Supplies Cummins House Special Events 124680 28 WHITE,LUKE Computers Capital Impr./Maint.Fund 124681 45 ZILKA,AMY Other Contracted Services Senior Center Program 124682 2,173 ARCH PAGING Pager&Cell Phone Wireless Communication 124683 24 ARNOLD,DAVID Program Fee Outdoor Center 124684 60 BOLD,PAULINE Instructor Service Outdoor Center 124685 643 EDEN PRAIRIE HOCKEY ASSOCIATIO Homeward Hills Bldg Park Facilities 124686 55 FOSSEY,DEANA Program Fee Outdoor Center 124687 1,465 GYMBOREE PLAY&MUSIC Instructor Service Preschool Events 124688 25 HENRICKSEN,KELLIE Program Fee Outdoor Center 124689 20 LINDON,CARRIE Program Fee Outdoor Center 124690 162 MID AMERICA FESTIVALS Deposits Escrow 124691 24 MILLER,MARIA Program Fee Outdoor Center 124692 435 MINNESOTA COMMERCE DEPARTMENT Abandoned Property General Fund 124693 295 OHIO UNIVERSITY Tuition Reimbursement/School Police 124694 10 PEROUTKA,BRENDA Program Fee Outdoor Center 124695 1,482 QWEST Telephone E-911 Program 124696 1,284 QWEST COMMUNICATIONS Pager&Cell Phone Police 124697 141,389 XCEL ENERGY Electric Street Lighting 124698 5 ZINS,JANE Program Fee Outdoor Center 124699 5 AAKHUS,KELLY Program Fee Tennis 124700 89 AT&T Pager&Cell Phone Police 124701 14 BARKER,SHARON Program Fee Tennis 124702 334 BENSHOOF&ASSOCIATES INC Deposits Escrow 124703 230 BLOOMINGTON ARTS CENTER Special Event Fees Senior Center Program 124704 225 BOSACKER,MIKE Travel Expense Police 124705 7 CARLSON,ROBERT Program Fee Tennis I24706 50 CHRISTENSON,TODD Program Fee ij5 Special Events&Trips Cbrut;r Amount Vendor/Explanation Account Description Business Unit 124707 7 DENG,SR,ROBERT Program Fee Tennis 124708 I,710 DEPARTMENT OF PUBLIC SAFETY Software Maintenance Information Technology 124709 262 DIGGERS PRIOR LAKE POLARIS Equipment Repair&Maint Park Maintenance 124710 500 EDEN PRAIRIE,CITY OF Miscellaneous Den Road Liquor Store 124711 539 EGAN OIL COMPANY Lubricants&Additives Fleet Services 124712 19 FIKES HYGIENE SERVICES Operating Supplies Prairie View Liquor Store 124713 5 FRANCIS,DEBRA Program Fee Tennis 124714 174 FRANKLIN COVEY Operating Supplies Senior Center Administration 124715 415 FREY,LYNDELL Conference Expense Parks Administration 124716 392 GE CAPITAL Other Rentals General 124717 5 GENGLER,MICHAEL Program Fee Tennis 124718 1,622 GENUINE PARTS COMPANY Equipment Parts Fleet Services 124719 140 GOETTSCH,JACK Awards Bocce 124720 721 GOPHER STATE ONE-CALL INC Other Contracted Services Water System Maintenance 124721 10 KOTONIAS,WILLIAM Program Fee Tennis 124722 22 KRAEMER,GARY Program Fee Special Events&Trips 124723 7 LHOTKA,TERESA Program Fee Tennis 124724 111 MINN ST ADMIN ITG TELECOM SERV Software Maintenance Information Technology 124725 3,143 MINNESOTA DEPT OF ECONOMIC SEC Unemployment Compensation Employee Benefits 124726 34 NNDC/NCDC Dues&Subscriptions Water Utility-General 124727 5 NULTY,JENNIFER Program Fee Tennis 124728 59 PENG,XIAOMEI Program Fee Fall Skill Development 124729 269 PETTY CASH-POLICE DEPT Miscellaneous Police 124730 20 PIGNERI,CHARLES Program Fee Preschool Events 124731 323 PITNEY BOWES INC Other Rentals General 124732 73 QUICKSILVER EXPRESS COURIER Postage General 124733 7 REED,CHERYL Program Fee Tennis 124734 14 REESE,BETH Program Fee Tennis 124735 7 RODA,VERALEX Program Fee Tennis 124736 66 SCHAFER,JUDY Program Fee Tennis 124737 7 SCHARF,TERRIE Program Fee Tennis 124738 7 SCHMIIT,PAM Program Fee Tennis 124739 7 SHANG,JAY Program Fee Tennis 124740 5 SINGH,RICHA Program Fee Tennis 124741 300 STEARNS COUNTY SHERIFFS DEPAR Deposits Escrow 124742 40 TELEPHONE ANSWERING CENTER INC Other Contracted Services Water Treatment Plant 124743 7 TESKE,DEB Program Fee Tennis 124744 20 TKACH,GEORGE Other Contracted Services Senior Center Program 124745 414 US POSTMASTER-HOPKINS Printing Senior Center Program 124746 7 WEN,JING Program Fee Tennis 124747 5 WILEY,ROBERT Program Fee Tennis 124748 2,044 XCEL ENERGY Principal Traffic Signals 124749 27 ACE ICE COMPANY Misc Non-Taxable Prairie View Liquor Store 124750 70 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Prairie Village Liquor Store 124751 160 ARCTIC GLACIER INC Misc Non-Taxable Den Road Liquor Store 124752 5,521 BELLBOY CORPORATION Operating Supplies Prairie Village Liquor Store 124753 9,591 DAY DISTRIBUTING Beer Prairie Village Liquor Store 124754 2,431 EAGLE WINE COMPANY Wine Domestic Prairie Village Liquor Store 124755 8,314 EAST SIDE BEVERAGE COMPANY Beer Prairie Village Liquor Store 124756 32 EXTREME BEVERAGE Misc Taxable Prairie View Liquor Store 124757 144 FINE WINES FROM EUROPE Wine Domestic Prairie Village Liquor Store 124758 429 GRAPE BEGINNINGS Wine Domestic Prairie View Liquor Store 124759 7,858 GRIGGS COOPER&CO Beer Prairie Village Liquor Store 124760 15,756 JOHNSON BROTHERS LIQUOR CO Transportation Prairie View Liquor Store 124761 5,723 MARK VII Beer Prairie Village Liquor Store 124762 376 MIDWEST COCA COLA BOTTLING COM Misc Taxable Prairie View Liquor Store 124764 5,800 PHILLIPS WINE AND SPIRITS INC Transportation Den Road Liquor Store 124765 559 PINNACLE DISTRIBUTING Misc Taxable Prairie View Liquor Store 124766 2,189 PRIOR WINE COMPANY Wine Domestic Prairie Village Liquor Store 124767 5,238 QUALITY WINE&SPIRITS CO Wine Imported Prairie View Liquor Store 124768 12,838 THORPE DISTRIBUTING Beer Prairie Village Liquor Store 124769 1,686 WINE COMPANY,THE Wine Domestic Prairie View Liquor Store 124770 621 WINE MERCHANTS INC Wine Domestic Prairie View Liquor Store 124771 862 WORLD CLASS WINES INC Wine Imported Den Road Liquor Store 124772 583 BAINEY GROUP,THE Deposits Escrow 124773 33 BERGSTEIN,MIKE Lessons&Classes Oak Point Lessons 124775 5,935 BIFFS INC Waste Disposal Park Maintenance 124776 48 BOGREN,ANN Clothing&Uniforms Police 124777 161 BULGER,LEO Outside Water Sales Water Enterprise Fund 124778 350 CINCINNATUS Other Contracted Services City Council 124779 18 CITY OF PLYMOUTH Tuition Reimbursement/School Police 124780 327 COMMUNITY HEALTH CHARITIES United Way Withheld General Fund 124781 175 D'AMICO AND SONS Miscellaneous City Council 124782 14,105 DELTA DENTAL PLAN OF MN Dental General Fund 124783 186 EASTBURN,EMILY Operating Supplies Police 124784 752 EDEN PRAIRIE CHAMBER OF COMMER Conference Expense City Manager 124785 411 EDEN PRAIRIE NOON ROTARY CLUB Miscellaneous 04 In Service Training Check# Amount Vendor/Explanation Account Description Business Unit 124786 218 GILUS,CINDY Other Contracted Services es Liquor Compliance 124787 35,405 GREGERSON ROSOW JOHNSON&NILA Legal Legal Criminal Procecution I24788 60 HENNEPIN COUNTY COMMUNITY HEAL Conference Fzpnse Human Resources 124789 2,136 HENNEPIN COUNTY SHERIFF'S OFFI Board of Prisoner Police 124790 170 IAFC Dues&Subscriptions Fire 124791 1,620 INTERNATIONAL UNION OF OPERATI Union Dues Withheld General Fund 124792 169 MCM ELECTRONICS Operating Supplies Police 124793 2,313 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund 124794 227 MINNESOTA DEPT OF REVENUE Garnishment Withheld General Fund 124795 19 MINNESOTA SENIOR FEDERATION Dues&Subscriptions Police 124796 536 NEW FRANCE WINE COMPANY Wine Domestic Den Road Liquor Store 124797 754 PAUSTIS&SONS COMPANY Wine Domestic Den Road Liquor Store 124798 98 PLYMOUTH PLUMBING Mechanical Permits General Fund 124799 218 TUPY,BECKY Other Contracted Services Liquor Compliance 124800 58 VERIZON WIRELESS BELLEVUE Pager&Cell Phone General Facilities 124801 216 WALMART COMMUNITY Small Tools Fleet Services 124802 71 WARFIELD.MARGARET Mileage&Parking Senior Center Administration 124803 71 WOOD,CHRIS Clothing&Uniforms Police 124804 11 DASSENKO,JEAN Program Fee Senior Center Program 124805 95 DRISKILLS NEW MARKET Operating Supplies Water Utility-General 124806 114 GERTEN,DAVID WAYNE Building Permits General Fund 124807 105 HENNEPIN COUNTY TREASURER Operating Supplies Community Development 124808 338 HOME DEPOT/GECF Repair&Maint.Supplies Senior Center 124809 156,675 MEDICA CHOICE Medical Bills Prepaid General Fund 124810 2,124 METRO SALES INCORPORATED* Other Rentals General 124811 120 MGWA Conference Expense Water Utility-General 124812 30 MINNESOTA DEPT OF LABOR AND IN Licenses&Taxes City Center Operations 124813 35 PROHOFSKY,ROSEMARY Program Fee Senior Center Program 124814 95 QWEST CLAIMS Other Contracted Services Water System Maintenance 124815 257 REGENCY TOWNHOMES AR Utility Water Enterprise Fund 124816 3,217 RELIASTAR LIFE INSURANCE CO Disability Ins Employers General Fund 124817 137 SMITH,JAN AR Utility Water Enterprise Fund 124818 6,333 STREICHERS Clothing&Uniforms Police 124819 290 UNIVERSITY OF MINNESOTA Conference Expense Engineering 124820 6 UPS Postage General 124821 14 WOLF CAMERA Operating Supplies Fire 124822 865 WOODDALE BLDERS Deposits Escrow 124823 79 WUNG,CHI CHANG Building Permits General Fund 124824 66 XCEL ENERGY Electric Traffic Signals 124825 22 ACE ICE COMPANY Misc Non-Taxable Prairie View Liquor Store 124826 98 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Prairie View Liquor Store 124827 254 ARCTIC GLACIER INC Misc Non-Taxable Prairie Village Liquor Store 124828 5,538 BELLBOY CORPORATION Operating Supplies Prairie View Liquor Store 124829 6,531 DAY DISTRIBUTING Beer Prairie View Liquor Store 124830 5,820 EAGLE WINE COMPANY Wine Domestic Prairie Village Liquor Store 124831 9,296 EAST SIDE BEVERAGE COMPANY Beer Den Road Liquor Store 124832 32 EXTREME BEVERAGE Misc Taxable Prairie View Liquor Store 124833 585 GETTMAN COMPANY Misc Taxable Den Road Liquor Store 124834 825 GRAPE BEGINNINGS Wine Imported Den Road Liquor Store 124835 13,773 GRIGGS COOPER&CO Liquor Den Road Liquor Store 124836 974 HOHENSTEINS INC Beer Den Road Liquor Store 124838 24,423 JOHNSON BROTHERS LIQUOR CO Misc Taxable Den Road Liquor Store 124839 5,824 MARK VII Beer Prairie View Liquor Store 124840 410 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store 124841 218 NEW FRANCE WINE COMPANY Wine Domestic Den Road Liquor Store 124842 2,172 PAUSTIS&SONS COMPANY Wine Imported Prairie View Liquor Store 124843 13,495 PHILLIPS WINE AND SPIRITS INC Liquor Den Road Liquor Store 124844 450 PINNACLE DISTRIBUTING Misc Taxable Prairie View Liquor Store 124845 3,402 PRIOR WINE COMPANY Wine Domestic Prairie Village Liquor Store 124846 8,049 QUALITY WINE&SPIRITS CO Liquor Prairie View Liquor Store 124847 19,742 THORPE DISTRIBUTING Beer Den Road Liquor Store 124848 243 TRI COUNTY BEVERAGE&SUPPLY Misc Taxable Prairie Village Liquor Store 124849 124 VINTAGE ONE WINES INC Wine Domestic Prairie Village Liquor Store 124850 461 WINE COMPANY,THE Wine Domestic Den Road Liquor Store 124851 2,782 WINE MERCHANTS INC Wine Imported Prairie View Liquor Store 124852 2,406 WORLD CLASS WINES INC Wine Domestic Den Road Liquor Store 124853 44 AMERICAN RED CROSS Conference Expense Parks Administration 124854 80 APCO INTERNATIONAL Dues&Subscriptions Police 124855 203 BITUMINOUS ROADWAYS Deposits Escrow 124856 132 BLOOMINGTON,CITY OF Other Contracted Services Park Maintenance 124857 265 DIVERSIFIED CONSTRUCTION Deposits Escrow 124858 600 DJS UNLIMITED PRODUCTIONS INC Other Contracted Services Halloween Party 124859 2,673 FAMILY&CHILDRENS SERVICE Other Contracted Services Housing,Trans,&Human Sery 124860 3,750 FAMILY&CHILDRENS SERVICE Other Contracted Services Housing,Trans,&Human Sery 124861 40 HENNEPIN COUNTY TREASURER Operating Supplies Community Development 124862 5,429 HENNEPIN SOUTH SERVICES COLLAB Other Contracted Services Housing,Trans,&Human Sery 124863 55 HOAG,JODI Miscellaneous 1 r Communication Services Check# Amount Vendor I Explanation Account Description Business Unit 124864 209 IND SCHOOL DIST 272 Printing Halloween Party 124865 431 J REED EXCAVATING Deposits Escrow 124866 151 LAWSON,GREG Other Contracted Services Cummins House Special Events 124867 29,582 MAC Improvement Contracts Utility Improvement Fund 124868 70 MEATH-NELSON,WENDI Other Contacted Services Special Initiatives I24869 5 MIAMA Operating Supplies Ice Arena 124870 70 MINNEHAHA CREEK WATERSHED DIST Conference Expense Engineering 124871 5,383 MINNESOTA STATE TREASURER Building Surcharge General Fund 124872 255 MN MAINTENANCE EQUIPMENT INC Equipment Repair&Maint Park Maintenance 124873 16 NILSSEN,BETH Operating Supplies Ice Arena 124874 227 OLSEN,JAMEY Other Contracted Services Cummins House Special Events 124875 15,271 PEMTON LAND Improvement Contracts Utility Improvement Fund 124876 7,443 PRAIRIE PARTNERS SIX LLP Building Rental Prairie Village Liquor Store 124877 9,430 PRAIRIEVIEW RETAIL LLC Building Rental Prairie View Liquor Store 124878 66 RAINBOW FOODS INC. Operating Supplies Special Initiatives 124879 33 SBARRO Operating Supplies Halloween Party 124880 26 SNYDER Operating Supplies Day Camp 124881 381 VIKING ELECTRIC SUPPLY Repair&Maint Supplies Park Maintenance 124882 65 WEEDMAN,NICOLE Mileage&Parking Youth Programs Administration 124883 183 WEIS BUILDERS INC Deposits Escrow 124884 63 WHITE,NICOLE Mileage&Parking Therapeutic Recreation 124885 75 WILDLIFE SCIENCE CENTER Other Contracted Services Outdoor Center 124886 101 WILSON,TAMMY Mileage&Parking Finance 124887 215 WONDERWEAVERS Other Contracted Services Special Initiatives 124888 295 ZEMAN CONSTRUCTION COMPANY Deposits Escrow 124889 160 SAUGEN,ERIC T Other Contracted Services Volleyball 124890 542 A P LAWN INC Building Repair&Maint. Fire Station#1 124891 318 A TO Z RENTAL CENTER Operating Supplies General Facilities 124892 314 AMERICAN WATER WORKS ASSOCIATI Training Supplies Water Utility-General 124893 2,791 ANCHOR PAPER COMPANY Office Supplies General 124894 125 ANOKA-HENNEPIN TECHNICAL COLLE Tuition Reimbursement/School Police 124895 41 ASPEN EQUIPMENT CO. Equipment Parts Fleet Services 124896 85 AUTO ELECTRIC SPECIALISTS Equipment Repair&Maint Fleet Services 124897 2,551 BAUER BUILT TIRE AND BATTERY Tires Fleet Services 124898 77 BECKER ARENA PRODUCTS INC Repair&Maint.Supplies Ice Arena 124899 220 BERTELSON OFFICE PLUS Office Supplies Water Utility-General 124900 32 BIFFS INC Waste Disposal Park Maintenance 124901 413 BLOOMINGTON SECURITY SOLUTIONS Building Repair&Maint. Senior Center 124902 415 BOYER TRUCKS SO.ST.PAUL Equipment Parts Fleet Services 124903 156 BRAUN INTERTEC CORPORATION Testing-Soil Boring Improvement Projects 1996 124904 800 BROWN,PAUL Other Contracted Services Touch Football 124905 4,829 BRYAN ROCK PRODUCTS INC Gravel Water System Maintenance 124906 999 C&C EMBROIDERY Fire Prevention Supplies Fire 124907 570 C&H DISTRIBUTORS INC. Cleaning Supplies Water Treatment Plant 124908 95 CDW GOVERNMENT INC. Other Hardware Information Technology 124909 4,281 CEMSTONE Repair&Maint.Supplies Storm Drainage 124910 1,960 CENTURION SKILLS INC Tuition Reimbursement/School Fire 124911 586 CHALLENGE PRINTING INC Printing Fire 124912 300 CHUCKS EXCAVATING INC Other Contracted Services Park Maintenance 124913 1,131 CLAREYS INC Safety Supplies Fleet Services 124914 133 CLARICS STUMP REMOVAL Other Contracted Services Tree Removal 124915 450 CLOSED CIRCUIT SPECIALISTS INC Equipment Repair&Maint Police 124916 364 CONNEY SAFETY PRODUCTS Cleaning Supplies Water Treatment Plant 124917 694 CONSOLIDATED PLASTICS COMPANY Capital Under$2,000 Water Treatment Plant 124918 32 COPY EQUIPMENT INC Operating Supplies Street Maintenance 124919 2,024 CORPORATE EXPRESS Office Supplies General 124920 20 CROWN MARKING INC Other Contracted Services 2000 Rehab 124921 287 CRYSTAL WELDING INC Operating Supplies Fire 124922 5,087 CUTLER-MAGNER COMPANY Chemicals Water Treatment Plant 124923 1,727 CY'S UNIFORMS Clothing&Uniforms Police 124924 33 DALCO Cleaning Supplies Maintenance 124925 966 DECORATIVE DESIGNS INC Other Contracted Services Water Treatment Plant 124926 358 DELEGARD TOOL CO Equipment Parts Fleet Services 124927 6,414 DELL MARKETING L.P. Operating Supplies Environmental Education 124928 473 DNR SCREEN PRINTING INC Awards Touch Football 124929 1,175 EARL F ANDERSEN INC Signs Traffic Signs 124930 117 ECOLAB INC Other Contracted Services Cummins Grill 124931 2,190 EF JOHNSON Operating Supplies Wireless Communication 124932 209 EGAN OIL COMPANY Lubricants&Additives Fleet Services 124933 1,048 ENVIROSOTA INC Waste Disposal Street Maintenance 124935 8,461 FEDERAL SIGNAL CORPORATION Equipment Repair&Maint Emergency Preparedness 124936 169 FERRELLGAS Motor Fuels Ice Arena 124937 535 FLORAN TECHNOLOGIES Cleaning Supplies Water Treatment Plant 124938 344 FORCE AMERICA Equipment Parts Fleet Services 124939 120 FORDAHL,TAMARA Other Contracted Services Volleyball 124940 1,353 FOREMOST PROMOTIONS Fire Prevention Supplies Fire 124941 1,522 G&K SERVICES-MPLS INDUSTRIAL Cleaning Supplies I r Water Treatment Plant Check# Amount Vendor/Explanation Account Description Business Unit 124942 70 GINA MARIAS INC Operating Supplies Reserves 124943 182 G1RA.RDS BUSINESS MACHINES INC Equipment Repair&Maint General 124944 393 GLOBAL EQUIPMENT COMPANY Capital Under$2,000 Water Treatment Plant 124945 82 GRAINGER Equipment Parts Water Treatment Plant 124946 336 GREATAMERICA LEASING CORP. Other Rentals General 124947 357 GREENER PASTURES Other Contracted Services Storm Drainage Projects 124948 4,287 GUNNAR ELECTRIC CO INC Repair&Maint Supplies Park Maintenance 124949 18,596 HANSEN THORP PELLINEN OLSON Design&Engineering Capital Impr./Maint Fund 124950 11,049 HARTLAND FUEL PRODUCTS LLC Motor Fuels Fleet Services 124951 6,540 HAWKINS WALER TREATMENT GROUP Chemicals Water Treatment Plant 124952 106 HENNEPIN TECHNICAL COLLEGE Training Supplies Fire 124953 362 HENRY,PAUL Other Contracted Services Volleyball 124954 5 HIRSHFIELD'S Operating Supplies Street Maintenance 124955 524 HIRSHFIELDS PAINT MANUFACTURIN Operating Supplies Park Maintenance 124956 10,080 HONEYWELL INDUSTRY SOLUTIONS Other Contracted Services Water Treatment Plant 124957 314 HYDROLOGIC Repair&Maint Supplies Park Maintenance 124958 258 INFRATECH Equipment Parts Sewer System Maintenance 124959 516 INSIGHT PUBLIC SECTOR Other Hardware Information Technology 124960 3,413 INTERSTATE COMPANIES INC Equipment Parts Fleet Services 124961 98 ISAACSON,MARCIA Other Contracted Services Basketball 124962 53,261 J-CRAFT DIV OF CRYSTEEL MFG IN Equipment Repair&Maint Fleet Services 124963 190 JANEX INC Operating Supplies Police 124964 1,686 JOHN HENRY FOSTER MINNESOTA IN Other Contracted Services Water Treatment Plant 124965 4 JW PEPPER&SON INC Operating Supplies Art&Music 124966 1,476 KAESER&BLAIR INC Fire Prevention Supplies Fire 124967 6,697 KILLMER ELECTRIC CO INC Equipment Repair&Maint Traffic Signals 124968 252 KNUTSON,BRAD Other Contracted Services Softball 124969 174 KRAEMERS HARDWARE INC Repair&Maint.Supplies Sewer Liftstation 124970 69 KUSTOM SIGNALS INC Equipment Repair&Maint Police 124971 290 LAME 1 ERYS COLLISION Equipment Repair&Maint Fleet Services 124972 48 LANO EQUIPMENT INC Equipment Parts Fleet Services 124973 491 LOFFLER BUSINESS SYSTEMS INC Equipment Repair&Maint General 124974 122 MACQUEEN EQUIPMENT INC Equipment Parts Fleet Services 124975 67 MAINTENANCE STORE,THE Small Tools Water Treatment Plant 124976 527 MAXI-PRINT INC Printing Police 124977 470 MENARDS Repair&Maint Supplies Storm Drainage 124978 1,448 MERIT PRINTING Fire Prevention Supplies Fire 124979 845 METRO EROSION INC Other Contracted Services Park Acquisition&Development 124980 637 METRO FIRE Protective Clothing Fire 124981 57 METROPOLITAN FORD Equipment Parts Fleet Services 124982 1,825 MIDWEST ASPHALT CORPORATION Waste Blacktop/Concrete Street Maintenance 124983 389 MINNEAPOLIS GLASS COMPANY Building Repair&Maint. Park Maintenance 124984 77 MINNESOTA CONWAY Safety Supplies Fire 124985 1,058 MINNESOTA PRINT MANAGEMENT LLC Operating Supplies Finance 124986 613 MINNETONKA GLASS&MIRROR Capital Under$2,000 Fitness Center 124987 100 MRPA Employment Advertising Human Resources 124988 381 MTI DISTRIBUTING INC Equipment Parts Fleet Services 124989 58 MUNICIPAL EMERGENCY SERVICES • Protective Clothing Fire 124990 3,201 NATIONAL WATERWORKS Repair&Maint.Supplies Water System Maintenance 124991 787 NATURAL REFLECTIONS VII LLC • Other Contracted Services Water Treatment Plant 124992 219 NORTH CENTRAL LABORATORIES Operating Supplies Water System Maintenance 124993 999 NORTHWEST BUSINESS SYSTEMS Equipment Repair&Maint Telephone 124994 92 NORTHWEST RESPIRATORY SERVICE Safety Supplies Fire 124995 97 OLSEN COMPANIES Small Tools Water System Maintenance 124996 51 ORIENTAL TRADING COMPANY INC Operating Supplies Special Initiatives 124997 42 OSI BA11'hRIES INC Operating Supplies Water Meter Repair 124998 166 PAPER DIRECT INC Office Supplies General 124999 602 PARK NICOLLET CLINIC Other Contracted Services Risk Management 125000 12,630 PARROTT CONTRACTING INC Other Contracted Services Storm Drainage Projects 125001 1,749 PEPSI COLA COMPANY Merchandise for Resale Concessions 125002 1,038 POSITIVE PROMOTIONS Fire Prevention Supplies Fire 125003 482 PRAIRIE ELECTRIC COMPANY Repair&Maint.Supplies Maintenance 125004 53 PRAIRIE LAWN AND GARDEN Equipment Parts Fleet Services 125005 44 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Services 125006 58 PRO TELECOMM INC Operating Supplies Police 125007 2,810 QUALITY SCAFFOLD SOLUTIONS Machinery&Equipment Water Treatment Plant 125008 631 REBS MARKETING Other Contracted Services Water Accounting 125009 224 RIDGEVIEW BUSINESS HEALTH Other Contracted Services Risk Management 125010 154 RIGID HITCH INCORPORATED Equipment Parts Fleet Services 125011 630 RM DREYLING CONSTRUCTION CO IN Operating Supplies Police 125012 17,171 RMR SERVICES INC Other Contracted Services Utility Improvement Fund 125013 300 ROOT 0 MATIC Other Contracted Services Sewer System Maintenance 125014 477 SAVOIE SUPPLY CO INC Equipment Parts Water Treatment Plant 125015 1,449 SCHULTZ,WILBUR Other Contracted Services Softball 125016 80 SELLE,TERRY Other Contracted Services Volleyball 125017 41 SHERWIN WILLIAMS Operating Supplies Street Maintenance 125018 173 SHERWIN WILLIAMS CO Repair&Maint Supplies /4 ,' Senior Center Clerk 4 Amount Vendor/Explanation Account Description Business Unit 125019 2,711 SHORT ELLIOTT HENDRICKSON INC Design&Engineering Improvement Projects 1996 125020 68 SHRED-IT Waste Disposal City Center Operations 125021 430 SNAP-ON TOOLS Small Tools Water Treatment Plant 125022 316 SOFTWARE HOUSE INTERNATIONAL I Software Environmental Education 125023 I66 SOUTHWEST SUBURBAN PUBLISHING- Employment Advertising Human Resources 125024 758 SOUTHWEST SUBURBAN PUBLISHING- Advertising Den Road Liquor Store 125025 143 SPORTS WORLD USA INC Operating Supplies Maintenance 125026 32,905 SRF CONSULTING GROUP INC Other Contracted Services Capital Impr./Maint Fund 125027 53 STAR TRIBUNE Misc Non-Taxable Den Road Liquor Store 125028 167 STEMPF AUTOMOTIVE INDUSTRIES I Equipment Parts Fleet Services 125029 358 STREICHERS Capital Under$2,000 Wireless Communication 125030 463 SUBURBAN CHEVROLET GEO Equipment Repair&Maint Fleet Services 125031 90 SUBURBAN PROPANE Equipment Repair&Maint Fleet Services 125032 543 SUCCESSORIES LLC Printing Fire 125033 321 SULLIVANS UTILITY SERVICES INC Building Repair&Maint Public Works/Parks 125034 248 SUN NEWSPAPERS Legal Notices Publishing City Clerk 125035 775 SUNSET PRINTING Fire Prevention Supplies Fire 125036 1,921 TESSCO Equipment Parts Fleet Services 125037 292 THYSSENKRUPP ELEVATOR Equipment Repair&Maint Water Treatment Plant 125038 294 TIMM,KEVIN Other Contracted Services Softball 125039 61 TOWN AND COUNTRY DODGE Equipment Parts Fleet Services 125040 664 TRANS ALARM INC Building Repair&Maint. Water Treatment Plant 125041 503 TRUGREEN CHEMLAWN MTKA Other Contracted Services Water Treatment Plant 125042 269 TWIN CITY FILTER SERVICE INC Repair&Maint Supplies Water Treatment Plant 125043 215 TWIN CITY OXYGEN CO Lubricants&Additives Fleet Services 125044 279 UNIFORMS UNLIMITED Clothing&Uniforms Police 125045 177 UNLIMITED SUPPLIES INC Equipment Parts Fleet Services 125046 1,026 VESSCO INC Equipment Parts Water Treatment Plant 125047 12 VIKING ELECTRIC SUPPLY Operating Supplies Street Lighting 125048 47 VWR INTERNATIONAL INC Operating Supplies Water Treatment Plant 125049 440 WALLACE METRO PRINTING Printing Fire 125050 996 WATSON CO INC,THE Merchandise for Resale Concessions 125051 20 WEST WELD Small Tools Fleet Services 125052 6,362 WESTERN LIME CORPORATION Chemicals Water Treatment Plant 125053 55 WOLF CAMERA Video&Photo Supplies Assessing 125054 2,341 WORK CONNECTION-BPARK Other Contracted Services Park Maintenance 125055 284 YALE MECHANICAL INC Equipment Repair&Maint Water Treatment Plant 125056 177 YELLOW PAGES,INC Advertising Prairie Village Liquor Store 125057 899 ZEP MANUFACTURING CO Equipment Parts Fleet Services 125058 168 CAMPBELL,LORI Parking Permits Parking 125059 300 CASEY,JACK Other Contracted Services Senior Center Program 125060 18 CITY OF PLYMOUTH Tuition Reimbursement/School Police 125061 1,218 CLASSIC GYMNASTICS Instructor Service Fall Skill Development 125062 225 DIETHELM,GARY Other Contracted Services Pleasant Hill Cemetary 125063 173 DMX/MINNEAPOLIS Other Contracted Services Prairie Village Liquor Store 125064 84 EDHLUND,RUSSELL Other Contracted Services Adult Program 125065 120 FADDEN,TIMOTHY Licenses&Taxes Inspections-Administration 125066 12 FEDEX Postage General 125067 50 FRANZEN,JAMES Operating Supplies Police 125068 60 HAHNFELDT,STEVE Tuition Reimbursement/School Fire 125069 184 HENNEPIN COUNTY TREASURER Operating Supplies Community Development 125070 6 KALAKUNTLA,VIJAYALAXMI Lessons&Classes Oak Point Lessons 125071 12 LIDDELL,TONY R. Operating Supplies Fire Cert Grant 125072 135 MINNESOTA BUREAU OF CRIMINAL A Employment Support Test Human Resources 125073 9 MINNESOTA DEPT OF PUBLIC SAFET Bike Registrations General Fund 125074 287 MITCHELL,JULIE Video&Photo Supplies Fire Cert Grant 125075 25 MRPA Conference Expense Parks Administration 125076 249 NCPERS GROUP LIFE INSURANCE Life Insurance EE/ER General Fund 125077 208 NEW HORIZONS Conference Expense Information Technology 125078 1,000 NORTHLAND SECURITIES INC Bond Issue Costs 2003C Open Space Refunding Bon 125079 112 OEN,LISA Youth Resident Community Center Admin 125080 334 PELTIER,JAMES Operating Supplies Fire 125081 83 PETTY CASH-EPCC Mileage&Parking Community Center Admin 125082 126 QWEST Telephone Water Utility-General 125083 1,225 SAUGEN,ANNA Other Contracted Services Volleyball 125084 88 SCHMIDT,BENJAMIN Instructor Service Tennis 125085 25,815 SKYHAWKS SPORTS ACADEMY Instructor Service Athletics 125086 6,438 SOUTHDALE YMCA YOUTH DEVELOPME Other Contracted Services Housing,Trans,&Human Sery 125087 5,263 STANDARD INSURANCE CO Life Insurance EE/ER General Fund 125088 2,500 STOREFRONT GROUP,THE Other Contracted Services Housing,Trans,&Human Sery 125089 320 VERIZON WIRELESS BELLEVUE Pager&Cell Phone Street Maintenance 125090 10 VOLUNTEER FIREFIGHTERS BENEFIT Dues&Subscriptions Fire 125091 200 WILDER,LOIS Other Contracted Services Adult Program 125092 45 WINE SPECTATOR Dues&Subscriptions Den Road Liquor Store 125093 5,816 XCEL ENERGY Electric Water Treatment Plant 125094 90 BOLD,PAULINE Instructor Service Outdoor Center 125095 163 CHOICE INC Other Contracted Services pg Prairie Village Liquor Store Check# Amount Vendor/Explanation Account Description Business Unit 125096 185 DEl PIIARD TOOL CO Small Tools Fleet Services 125098 996 FACI II Y SYSTEMS INC Capital Under$2,000 Furniture 125099 115 MN DNR Instructor Service Outdoor Center 125100 342 PETTY CASH Insurance Risk Management 125101 163 QWEST Telephone Telephone 125102 77 THIELMAN,MARC Mileage&Parking General Facilities 125103 76 ACE ICE COMPANY Misc Non-Taxable Prairie View Liquor Store 125104 98 AMERIPRIDE LINEN&APPAREL SER Repair&Maint Supplies Den Road Liquor Store 125105 109 ARCTIC GLACIER INC Misc Non-Taxable Prairie Village Liquor Store 125106 4,250 BELLBOY CORPORATION Liquor Prairie View Liquor Store 125107 5,856 DAY DISTRIBUTING Beer Den Road Liquor Store 125108 5,067 EAGLE WINE COMPANY Wine Domestic Den Road Liquor Store 125109 10,205 EAST SIDE BEVERAGE COMPANY Beer Prairie View Liquor Store 125110 32 EXTREME BEVERAGE Misc Taxable Prairie View Liquor Store 125111 1,677 GRAPE BEGINNINGS Wine Domestic Den Road Liquor Store 125112 10,287 GRIGGS COOPER&CO Liquor Prairie Village Liquor Store 125114 17,483 JOHNSON BROTHERS LIQUOR CO Wine Imported Prairie Village Liquor Store 125115 7,205 MARK VII Misc Non-Taxable Prairie Village Liquor Store 125116 303 MASS BAR-MATE CORP Liquor Den Road Liquor Store 125117 636 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store 125118 530 NEW FRANCE WINE COMPANY Wine Domestic Den Road Liquor Store 125119 131 PACIFIC DIRECT Misc Taxable Den Road Liquor Store 125120 3,213 PAUSTIS&SONS COMPANY Beer Den Road Liquor Store 125122 9,641 PHILLIPS WINE AND SPIRITS INC Wine Domestic Prairie Village Liquor Store 125123 780 PINNACLE DISTRIBUTING Misc Taxable Prairie View Liquor Store 125124 1,971 PRIOR WINE COMPANY Wine Domestic Den Road Liquor Store 125125 9,472 QUALITY WINE&SPIRITS CO Liquor Prairie Village Liquor Store 125126 9,860 THORPE DISTRIBUTING Beer Prairie Village Liquor Store 125127 1,979 WINE COMPANY,THE Wine Domestic Den Road Liquor Store 125128 3,968 WINE MERCHANTS INC Wine Domestic Prairie View Liquor Store 125129 1,145 WORLD CLASS WINES INC Wine Domestic Den Road Liquor Store 125130 14 ADAMSON,ART Program Fee Senior Center Program 125131 7 ASPEN AIR INC Cash Over/Short General Fund 125132 28 BARTEL,JOANNE Program Fee Senior Center Program 125133 1,634 CUSTOM INTERIORS BY DAVE Building Repair&Maint. Water Treatment Plant 125134 55 EDEN PRAIRIE CHAMBER OF COMMER Dues&Subscriptions Den Road Liquor Store 125135 234 EDEN PRAIRIE ROTARY CLUB Dues&Subscriptions In Service Training 125136 80 GRAINGER Operating Supplies Street Maintenance 125137 465 HENNEPIN COUNTY I/T DEPT Software Maintenance Information Technology 125138 3,295 IND SCHOOL DIST 272 Other Contracted Services Housing,Trans,&Human Sery 125139 465 I-CRAFT DIV OF CRYSTEEL MFG IN Equipment Repair&Maint Fleet Services 125140 5,772 KMC TELECOM HOLDINGS INC. Telephone Telephone 125141 62,292 LOGIS Network Support Information Technology 125142 222 MENARDS Repair&Maint.Supplies Storm Drainage 125143 111 MINN ST ADMIN ITG TELECOM SERV Software Maintenance Information Technology 125144 23 MINNESOTA DEPT OF HEALTH Licenses&Taxes Water Treatment Plant 125145 67 NATIONAL CAMERA EXCHANGE&VID Video&Photo Supplies Housing,Trans,&Human Sery 125146 93 PIZZA HUT Operating Supplies Teen Programs 125147 1,631 PRAIRIE ELECTRIC COMPANY Building Repair&Maint. Water Treatment Plant 125148 30 QUICKSILVER EXPRESS COURIER Postage General 125149 105 RESOURCE CENTER FOR THE AMERIC Miscellaneous Housing,Trans,&Human Sery 125150 28 SECRETARY OF STATE Operating Supplies Economic Development 125151 6,232 SENIOR COMMUNITY SERVICES Other Contracted Services Housing,Trans,&Human Sery 125152 75 STEWART-HESTER,RENEE Other Contracted Services Recreation Administration 125153 3,100 SVK DEVELOPMENT INC Deposits Escrow 125154 1,669 ELAN FINANCIAL SERVICES Other Hardware Information Technology 125155 134,666 MOHR PARTNERS INC Other Contracted Services City Center Operations 125156 67,333 NORTHSTAR PARTNERS Other Contracted Services City Center Operations 125157 565 ABLE HOSE&RUBBER INC Equipment Parts Sewer System Maintenance 125158 200 ANOKA COUNTY SHERIFFS DEPT Deposits Escrow 125159 54 BUTCHER,SHERRY Mileage&Parking City Council 125160 36 CARLSON,KAREN Clothing&Uniforms Fire 125161 100 DAKOTA COUNTY SHERIFFS DEPT Deposits Escrow 125162 52 DEGREE,BETH Operating Supplies Fitness Center 125163 2 DOHERTY,JOHN Lessons&Classes Ice Arena 125164 1,796 EDEN PRAIRIE LEASED HOUSING AS Deposits Escrow 125165 687 FIRE INSTRUCTORS ASSN OF MN Tuition Reimbursement/School Fire 125166 1,069 GENERAL GROWTH PROPERTIES INC Deposits Escrow 125167 1,514 HENNEPIN VILLAGE LIMITED PARTN Deposits Escrow 125168 1,708 HUSTAD LAND COMPANY Deposits Escrow 125169 126 IMATION IMAX THEATRE Special Event Fees Adult Program 125170 310 KOTSONAS,GEORGE Other Contracted Services Senior Center Program 125171 792 LIFETOUCH INC Deposits Escrow 125172 378 MEDICINE LAID;TOURS Special Event Fees Adult Program 125173 104,767 METROPOLITAN COUNCIL Due to Other Governments SAC Agency Fund 125174 23 MINNESOTA DEPT OF HEALTH Licenses&Taxes Water Utility-General 125175 119 POWER MUSIC INC Operating Supplies 1 D.q Fitness Classes Check# Amount Vendor/Explanation Account Description Business Unit 125176 2,5I2 QWEST Telephone Prairie Village Liquor Store 125177 954 SINELL,STEVE Conference Expense Assessing 125178 1,845 US POSTMASTER-HOPKINS Postage Water Accounting 125179 42 WOLF CAMERA Video&Photo Supplies Communication Services 125180 803 WOODDALE BLDERS Deposits Escrow 125181 1,423 WOODDALE CHURCH Deposits Escrow 125182 2,313 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund 125183 225 MINNESOTA DEPT OF REVENUE Garnishment Withheld General Fund 125184 351 UNITED WAY United Way Withheld General Fund 125185 58 ACE ICE COMPANY Misc Non-Taxable Prairie View Liquor Store 125186 106 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Prairie View Liquor Store 125187 208 ARCTIC GLACIER INC Misc Non-Taxable Den Road Liquor Store 125188 5,157 BELLBOY CORPORATION Wine Imported Den Road Liquor Store 125189 3,809 DAY DISTRIBUTING Beer Prairie Village Liquor Store 125190 4,142 EAGLE WINE COMPANY Wine Domestic Den Road Liquor Store 125191 8,497 EAST SIDE BEVERAGE COMPANY Beer Prairie Village Liquor Store 125192 64 EXTREME BEVERAGE Misc Taxable Prairie View Liquor Store 125193 2,339 GRAPE BEGINNINGS Wine Domestic Den Road Liquor Store 125194 13,273 GRIGGS COOPER&CO Liquor Den Road Liquor Store 125195 710 HOHENSTEINS INC Beer Den Road Liquor Store 125196 27,318 JOHNSON BROTHERS LIQUOR CO Liquor Prairie Village Liquor Store 125197 6,710 MARK VIE Beer Prairie View Liquor Store 125198 232 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store 125199 3,438 PAUSTIS&SONS COMPANY Wine Imported Den Road Liquor Store 125200 14,389 PHILLIPS WINE AND SPIRITS INC Wine Imported Den Road Liquor Store 125201 564 PINNACLE DISTRIBUTING Misc Non-Taxable Den Road Liquor Store 125202 2,216 PRIOR WINE COMPANY Wine Imported Prairie Village Liquor Store 125203 6,714 QUALITY WINE&SPIRITS CO Liquor Prairie Village Liquor Store 125204 13,948 THORPE DISTRIBUTING Beer Prairie Village Liquor Store 125205 787 WINE COMPANY,THE Wine Domestic Prairie Village Liquor Store 125206 961 WINE MERCHANTS INC Wine Imported Prairie Village Liquor Store 125207 24 ARNOLD,DAVID Program Fee Outdoor Center 125208 3,892 CARLSON&SOLDO,PLLP Legal Legal Council 125209 10 CENTERPOINT ENERGY Gas Crestwood Park 125210 26 CULLIGAN-METRO Operating Supplies Outdoor Center 125211 30 HOPKINS COMMUNITY EDUCATION Conference Expense Parks Administration 125212 372 ORPHEUM THEATRE Special Event Fees Adult Program 125213 3,000 POSTAGE BY PHONE RESERVE ACCOU Postage General 125214 25 REICHMUTH,DONNA Program Fee Outdoor Center 125215 476 SAINT PAUL CHAMBER ORCHESTRA Special Event Fees Adult Program 125216 290 UNIVERSITY OF MINNESOTA Conference Expense Engineering 125217 3,143 US POSTMASTER-HOPKINS Postage General 125218 49 VIDMAR,ED Mileage&Parking Senior Center Program 125219 1,903 ARCH PAGING Pager&Cell Phone Wireless Communication 125220 17 BROOKS,NANCY Lessons&Classes Oak Point Lessons 125221 5,000 DORSEY&WHITNEY LLP Bond Issue Costs G.O.Improvement Bonds 2003D 125222 33 EKEREN-HOLM,JENNIFER Lessons&Classes Oak Point Lessons 125223 421 HENNEPIN COUNTY VT DEPT Software Maintenance Information Technology 125224 120 HENNEPIN COUNTY TREASURER Operating Supplies Community Development 125225 . 2,304 HENNEPIN COUNTY TREASURER Board of Prisoner Police 125226 22 JAYASURIYA,KRISHANTHI Lessons&Classes Oak Point Lessons 125227 156 KALKES,JAYNA Employee Award Human Resources 125228 88 KOSTROSKI,JULIE Lessons&Classes Oak Point Lessons 125229 222 MINN ST ADMIN ITG TELECOM SERV Software Maintenance Information Technology 125230 74 MORROW,LYNN Clothing&Uniforms Police 125231 1,219 QWEST COMMUNICATIONS Pager&Cell Phone Police 125232 5,600 RITCEY&O'LOAN ASSOCIATES Tuition Reimbursement/School Fire 125233 40 SCADDEN,JENNA Clothing&Uniforms Police 125234 14 SOMASUNDARA,PORUR Lessons&Classes Oak Point Lessons 125235 692 ABSOLUTE RAIN INC. Building Repair&Maint. Fire Station#5 125236 1,238 ADOLPHKIEFER Recreation Supplies Oak Point Lessons 125237 9 AIRLINK COMMUNICATIONS INC Computers Capital Impr./Maint.Fund 125238 136 AMERICAN EXPRESS PUBLISHING Misc Non-Taxable Prairie View Liquor Store 125239 1,495 ANCHOR PRINTING COMPANY Printing Senior Center Administration 125240 174 AOI ELECTRICAL INC Equipment Parts Fleet Services 125241 316 AQUA ENGINEERING INC Building Repair&Maint. Water Treatment Plant 125242 662 ARAMARK FOOD SERVICE Miscellaneous City Manager 125243 999 ASPEN CARPET CLEANING Repair&Maint.Supplies Maintenance 125244 2,190 ASPEN EQUIPMENT CO. Equipment Parts Fleet Services 125245 90 AUTOMATED ENTRANCE PRODUCTS IN Building Repair&Maint. City Center Operations 125246 774 BAUER BUILT TIRE AND BAI IhRY Equipment Parts Fleet Services 125247 80 BECKER ARENA PRODUCTS INC Repair&Maint.Supplies Ice Arena 125248 595 BERENS,PAUL A. Other Contracted Services Ice Arena 125249 85 BERRY COFFEE COMPANY Operating Supplies Senior Center Program 125250 202 BERTELSON OFFICE PLUS Office Supplies Water Utility-General 125251 65 BIG MIKES SUPER SUBS OF WI INC Operating Supplies Fire 125252 145 BLOOMINGTON PARK CATERED EVENT Miscellaneous Communication Communication Services Check# Amount Vendor I Explanation Account Description Business Unit 125253 175 BLOOMINGTON SECURITY SOLUTIONS Building Repair&Maint. Edenvale Park 125254 57 BOYER TRUCKS SO.ST.PAUL Equipment Parts Fleet Services 125255 467 BRO-TEX INC Equipment Parts Fleet Services I25256 8,346 BROWN TRAFFIC PRODUCTS Equipment Repair&Maint Traffic Signals 125257 690 BROWN,PAUL Other Contracted Services Park Maintenance 125258 4,441 BRYAN ROCK PRODUCTS INC Improvement Contracts CIP Trails 125259 1,821 BUCK,NATHAN Other Contracted Services Softball 125260 7,169 CARGILL SALT Salt Snow&Ice Control 125261 3,325 CEMSTONE Repair&Maint Supplies Storm Drainage 125262 1,266 CLOSED CIRCUIT SPECIALISTS INC Building Repair&Maint Prairie View Liquor Store 125263 1,902 CONSOLIDAt'ED PLASTICS COMPANY Capital Under$2,000 Water Treatment Plant 125264 4 COPY EQUIPMENT INC Operating Supplies Street Maintenance 125265 995 CORPORATE EXPRESS Office Supplies General 125266 3,500 CREATIVE MARKETING CONSULTING Other Contracted Services Communication Services 125267 8,518 CUTLER MAGNER COMPANY Chemicals Water Treatment Plant 125268 64 DALE GREEN COMPANY,THE Landscape Materials/Supp Street Maintenance 125269 52 DELEGARD TOOL CO Equipment Parts Fleet Services 125270 417 DNR SCREEN PRINTING INC Clothing&Uniforms Concessions 125271 80 DOHERTY,SANDRA L Other Contracted Services Volleyball 125272 107 DRISKILLS NEW MARKET Operating Supplies Youth Programs Administration 125273 12,551 DRT TRANSPORT Other Contracted Services Lime Sludge 125274 3,777 EARL F ANDERSEN INC Operating Supplies Storm Drainage 125275 107 ECOLAB INC Repair&Maint Supplies Maintenance 125276 1,133 EDINA SW PLUMBING Capital Under$2,000 Fire Station#1 125277 458 EKLOF DOCKS Other Contracted Services Park Maintenance 125278 568 EMERGENCY AUTOMOTIVE TECHNOLOG Equipment Parts Fleet Services 125279 816 ENERGY MANAGEMENT INC Repair&Maint.Supplies Ice Arena 125280 231 ERICKSEN,LIZ Other Contracted Services Softball 125281 232 ESCHELON TELECOM INC Equipment Repair&Maint Telephone 125282 345 ESS BROTHERS&SONS INC* Repair&Maint Supplies Storm Drainage 125283 1,059 EXCEL LANDSCAPING INC Other Contracted Services Park Maintenance 125284 1,138 F.F.JEDLICKI INC Improvement Contracts Storm Drainage Projects 125285 5,865 FACILITY SYSTEMS INC Capital Under$2,000 Furniture 125286 400 FERO,STACEY Other Contracted Services Volleyball 125287 296 FERRELLGAS Motor Fuels Ice Arena 125288 19 PIKES HYGIENE SERVICES Operating Supplies Prairie Village Liquor Store 125289 3,460 FINLEY BROS INC Other Contracted Services Park Acquisition&Development 125290 428 FORE MECHANICAL,INC Building Repair&Maint. Outdoor Center 125291 521 G&K SERVICES-MPLS INDUSTRIAL Cleaning Supplies Water Treatment Plant 125292 281 GENERAL SAFETY EQUIPMENT COMPA Equipment Parts Fleet Services 125293 156 GERTENS Landscape Materials/Supp Park Maintenance 125294 1,940 GLOBAL EQUIPMENT COMPANY Capital Under$2,000 Water Treatment Plant 125295 1,259 GOAR,THOMAS Repair&Maint Supplies Maintenance 125296 289 GS DIRECT Operating Supplies Engineering 125297 802 GWS INC Operating Supplies Prairie View Liquor Store 125298 2,063 HANSEN THORP PELLINEN OLSON Other Contracted Services Park Acquisition&Development 125299 249 HARMON AUTOGLASS Equipment Repair&Maint Fleet Services 125300 10,632 HARTLAND FUEL PRODUCTS LLC Motor Fuels Fleet Services 125301 202 HYDROLOGIC Repair&Maint.Supplies Park Maintenance 125302 856 INFRATECH Other Contracted Services Sewer System Maintenance 125303 1,235 ITS A KEEPER Employee Award Communication Services 125304 226 IWASAKI IMAGES OF AMERICA Operating Supplies Environmental Education 125305 451 J J KELLER&ASSOCIATES INC Training Supplies Water Utility-General 125306 256 I-CRAFT DIV OF CRYSTEEL MFG IN Capital Under$2,000 Fleet Services 125307 2,728 JANEX INC Cleaning Supplies General Facilities 125308 160 KALLIN,LAWRENCE E Other Contracted Services Volleyball 125309 13,160 KAMIDA INC Repair&Maint.Supplies Storm Drainage 125310 914 LAB SAFETY SUPPLY INC Operating Supplies Water Treatment Plant 125311 675 LAKE RESTORATION INC Other Contracted Services Park Maintenance 125312 65,841 LEAGUE MN CITIES INS TRUST Insurance Risk Management 125313 795 LIFE SAFETY SYSTEMS Building Repair&Maint. Senior Center 125314 60 LOES OIL COMPANY Waste Disposal Fleet Services 125315 272 MENARDS Operating Supplies Park Maintenance 125316 8,740 METRO CONCRETE RAISING INC Repair&Maint Supplies Storm Drainage 125317 208 METRO EROSION INC Other Contracted Services Storm Drainage Projects 125318 23,322 METROPOLITAN MECHANICAL Repair&Maint Supplies Ice Arena 125319 3,801 MIDWEST ASPHALT CORPORATION Patching Asphalt Street Maintenance 125320 66 MINNESOTA CONWAY Repair&Maint Supplies Fire 125321 64 MTI DISTRIBUTING INC Equipment Parts Fleet Services 125322 30 MUNICIPAL EMERGENCY SERVICES Conference Expense Fire 125323 1,161 NATIONAL WATERWORKS Repair&Maint Supplies Water System Maintenance 125324 1,556 NATIONWIDE ADVERTISING SERVICE Employment Advertising Human Resources 125325 59,785 NORTHDALE CONSTRUCTION CO INC Improvement Contracts Charlson Area Construction 125326 127 OLSEN COMPANIES Small Tools Water System Maintenance 125327 129 OSI BATTERIES INC Operating Supplies General Facilities 125328 47,050 PARKOS CONSTRUCTION COMPANY Building Capital Impr./Maint Fund 125329 51 PARTEK SUPPLY INC Landscape Materials/Supp 13 1 Park Acquisition&Development Check¥ Amount Vendor I Explanation Account Description Business Unit 125330 200 PAUTZ,ROGER Instructor Service Fall Ski l Development 125331 1,635 PRAIRIE ELECTRIC COMPANY Equipment Paris Water Treatment Plant 125332 146 PRAIRIE LAWN AND GARDEN Operating Supplies Street Maintenance 125333 97 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Services 125334 22I QUALITY FLOW SYSTEMS INC Equipment Repair&Maint Sewer Liftstation 125335 64 RADIOSHACK Equipment Parts Fleet Services 125336 1,565 RMR SERVICES INC Other Contracted Services Utility Improvement Fund 125337 90 S&D DOOR REPAIR INC Building Repair&Maint. Water Treatment Plant 125338 24 S&S WORLDWIDE Operating Supplies Special Initiatives 125339 108 SAVOIE SUPPLY CO INC Chemicals Water Treatment Plant 125340 150 SCRAP METAL PROCESSORS INC Equipment Repair&Maint Fleet Services 125341 80 SHERWIN WILLIAMS CO Building Repair&Maint. Park Maintenance 125342 77 SIWEK LUMBER&MILLWORK INC Building Materials Street Maintenance 125343 321,256 SM HENTGES&SONS INC Improvement Contracts Charlson Area Construction 125344 187 SNAP-ON TOOLS Small Tools Traffic Signals 125345 1,287 SNELL MECHANICAL INC Equipment Repair&Maint Maintenance 125346 130 SOFTWARE HOUSE INTERNATIONAL I Software Information Technology 125347 44 SPS COMPANIES Repair&Maint.Supplies Water Utility-General 125348 831 ST JOSEPH EQUIPMENT INC Improvement Contracts CIP Trails 125349 254 STAN MORGAN&ASSOCIATES INC. Building Repair&Maint. Prairie Village Liquor Store 125350 22 STAR TRIBUNE Misc Non-Taxable Prairie View Liquor Store 125351 316 STEMPF AUTOMOTIVE INDUSTRIES I Equipment Parts Fleet Services 125352 857 STEPHENS PUBLISHING COMPANY Fire Prevention Supplies Fire 125353 62 STI-CO INDUSTRIES INC Operating Supplies Wireless Communication 125354 21 STRAND MANUFACTURING CO INC Other Contracted Services Water Treatment Plant 125355 192 STRATEGIC INSIGHTS COMPANY Operating Supplies Police City Center 125356 2,063 STREICHERS Training Supplies Police 125357 640 SUBURBAN CHEVROLET GEO Equipment Parts Fleet Services 125358 41 SUBURBAN PROPANE Equipment Repair&Maint Fleet Services 125359 1,077 SUBURBAN TIRE WHOLESALE INC Tires Fleet Services 125360 532 SUN NEWSPAPERS Legal Notices Publishing City Clerk 125361 145 SWEDLUNDS Waste Disposal Outdoor Center 125362 1,358 TESSCO Equipment Parts Fleet Services 125363 12,100 TKDA Other Contracted Services Water System Maintenance 125364 764 TRANS ALARM INC Building Repair&Maint. City Center Operations 125365 119 TWIN CITY OXYGEN CO Lubricants&Additives Fleet Services 125366 658 TWIN CITY SEED CO Landscape Materials/Supp Park Maintenance 125367 1,007 UNIFORMS UNLIMITED Clothing&Uniforms Fire 125368 395 UNION LINE INC/GRAYBEAR Clothing&Uniforms Fire 125369 791 UNLIMITED SUPPLIES INC Equipment Parts Fleet Services 125370 1,672 VERNCO MAINTENANCE INC Other Contracted Services Water Treatment Plant 125371 281 VOSS LIGHTING Operating Supplies Maintenance 125372 137,982 VP ENTERPRISES OF MINNESOTA IN Improvement Contracts Improvement Projects 1996 125373 303 VWR INTERNATIONAL INC Operating Supplies Water Treatment Plant 125374 44 WAHLS ENTERPRISES Equipment Repair&Maint Park Maintenance 125375 1,158 WATER SPECIALTY OF MN INC Chemicals Pool Maintenance 125376 1,668 WATSON CO INC,THE Merchandise for Resale Concessions 125377 150 WESTERN LIME CORPORATION Chemicals Water Treatment Plant 125378 141 WESTSIDE EQUIPMENT Equipment Repair&Maint Fleet Services 125379 2,344 WM MUELLER AND SONS INC Sand Snow&Ice Control 125380 73 WOLF CAMERA Operating Supplies Street Maintenance 125381 133 WOODBURY,CITY OF Other Contracted Services Fleet Services 125382 1,553 WORK CONNECTION-SPARK Other Contracted Services Park Maintenance 125383 255 YALE MECHANICAL INC Building Repair&Maint. Water Treatment Plant 3,263,967 Grand Total 1 3a CITY COUNCIL AGENDA DATE: November 18,2003 SECTION: Ordinances and Resolutions DEPARTMENT: ITEM DESCRIPTION: I.C. 02-5553 ITEM NO.: Engineering Approve Proposed Layout for 1-494 Rodney W. Rue Improvements from TH 5 to I-394 Eugene A.Dietz Requested Action Move to: Adopt resolution approving the proposed layout for 1-494 improvements from TH 5 to 1-394. Synopsis The public hearing for these improvements was held on October 21, 2003. The primary issue is noise impacts and mitigation. As a result of MnDOT's work of optimizing the noise mitigation, noise walls will be installed along the west side of 1-494 at two locations. One location is adjacent to the Gerard Drive/Gordon Drive neighborhood. The other location is adjacent to the Promontory Drive/Cardinal Creek Road •neighborhood: Based on state guidelines, noise mitigation is not justified along the east side (Beach.Road) of the corridor nor along the Stonewood Court area. Background Information Attached is a copy of a letter addressed to Mayor Tyra-Lukens from Tom O'Keefe. Staff believes that MnDOT's noise policy has,bgen._,properly, addressed in our community. The alternatives appear to be: 1) Approve the project as presented; 2) Agree to pay the combined cost of additional walls (estimated to be approximately $800,000 for Stonewood Court and$625,000;for Beach Road) as a City expense; or 3) Consider a special assessment project. , ;. Staff recommends approval as presented for the follgwing.reasons: • Paying for the mitigation as a City expense would be a cost prohibitive precedent. It is estimated that a $230,000 increase in spending results in a 1% increase in taxes to our residents. Therefore, this project alone would represent a 6% increase in 1-year spending. • We have had similar requests from residents adjacent to TH 5, Pioneer Trail and Eden Prairie Road. In those situations;the law does not require the cost effective analysis, since they are minor arterial roads,..Howevzer,-the,impacts may be as great or greater than to the Stonewood and Beach Road neighborhoods. • There are ways in which property owners can improve their quality of life on their own for much less cost. On the east side of Eden Prairie Road, north of Valley View Road and in some locations along the-new Pioneer Trail project, residents have jointly built small berms and solid fences and/or'landscaping to create privacy. •g• 133 4' ,Sk • With the vast majority of property owners the freeway existed when they purchased their homes. Residents should expect to be treated fairly, but not to a higher standard than others in the State. • If the standards are to be modified,it should be on a state-wide level,not at a city level. • Although one resident from Beach Road indicated that he would correspond with his neighbors to determine their willingness to pay the cost of a wall, the two families from Stonewood Court were angered when the DPW asked if they are willing to be specially assessed (after the hearing). It is doubtful at best that special assessments in the range of $25,000 to $30,000 per parcel could be sustained on appeal. Additional Resident Concerns On November 10, 2003, Mayor Tyra-Lukens, Councilmember Mosman, City Manager and the Director of Public Works met with residents residing north of the Stonewood Court neighborhood. The concerns and the findings by the Director of Public Works are listed below: • Expressed concerns that MnDOT only reacts to "pressure" in their application of noise wall policies. Staff met with MnDOT and extensively reviewed the chronology of the noise wall analysis. The attached letter from Mr. O'Keefe indicates that the initial evaluation of noise walls that occurs during the environmental review process is in fact a cursory review. During the final design, much more detail is applied to the noise model and six wall segments out of 26 potential segments in the corridor were found to be cost effective. Through an on-going process using a corridor-wide approach, which has been used on other projects, 4 additional walls (one in Eden Prairie and three in Minnetonka) will be constructed with the project. Staff finds no evidence of MnDOT's reacting to pressure,but rather going through a sequential analysis that liberally applied the MnDOT policy and allowed for the 4 additional walls to be constructed. • Discrepancies in analysis done in 2001 by SRF, Inc. and 2003 analysis performed by SBP,Inc. MnDOT satisfactorily explained the utilization of a different consultant — SRF, Inc. had finished their contractual obligation for the initial analysis and preferred being eligible for submitting a proposal for the design-build project, which would not have been available to them had they continued as a consultant. The current consultant used the same noise model, with the same background information—noise levels measured in 2001 and 2001 traffic counts. There was a three decibel difference between the 2001 and 2003 model results for a particular receptor location. However, the 2001 results were based on assumptions that proved not to be viable —positioning a noise wall on private property. In the most recent analysis, policy decision was made to move the wall onto MnDOT right of way, which somewhat reduced the effectiveness of the wall, but did not impact the cost effective analysis, since there would be no monetary compensation for easements. Potential alternatives In our meeting with MnDOT, we explored the concept of a noise wall being constructed at the back property lines of the Stonewood Court neighborhood, rather than immediately adjacent to the freeway. It appears likely that a wall in that location could be effective, but it would be extremely disruptive to the existing vegetation and views from the property. We considered adding a condition to the approval resolution that would require MnDOT to I3q investigate the effectiveness and cost effectiveness for a noise wall on private property based on the assumption that the residents grant easements at no cost for the project. Staff recommends against this condition for the following reasons: • There is 20-foot differential between the walkout elevation of the properties and the back lot line. Therefore, either the wall would have to be 30-feet in height at the lot line or would have to move up the slope closer to the home. The higher wall would reduce the cost effectiveness and a closer,but shorter wall,would greatly diminish the usable area of the back yards. • After visiting the site, I can imagine that the noise levels are an irritant, but certainly not intrusive. It seems unlikely that a total disruption of the back yard areas to construct a wall and eliminating the views and connecting wetlands from the properties would meet with the approval of the majority of the residents. • The ability to gain consensus on such a project with the entire neighborhood would require a time frame well beyond the scheduling needs to keep the project on track. Finally, attaching a requirement to the resolution requiring MnDOT to install the walls would likely delay the project, since the entire process could take up to six months. There is no way to gauge if that would jeopardize the funding or not. However, since the end point in the appeal process is a final decision by the Commissioner of Transportation, it seems unlikely that MnDOT would ultimately acquiesce and build walls that do not meet established statewide policy. Attachments O'Keefe Letter , Minnesota Department of Transportation 1 O P Metropolitan Division Waters Edge 1500 West County Road 82 Roseville, MN 55113 November 7,2003 Mayor Nancy Tyra-Lukens City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344-2230 Dear Mayor Tyra-Lukens: I am writing in response to the discussion and questions that came up during the October 21,City Council meeting,concerning Mn/DOT's proposed I-494 project between Highway 5 and Highway 394.The questions concerning noise walls proposed and not proposed with this project and the application of Mn/DOT's noise wall policy.With this letter,I will explain that policy and its application on I-494. Mn/DOT's noise policy sets procedures for noise studies and for determining the placement of noise abatement measures(primarily walls). The policies consider both federal and state standards,for residential properties,the stricter Minnesota standards apply. Mn/DOT considers the placement of noise abatement with major reconstruction projects(such as planned for 1-494) and for existing corridors in a retrofit application. Noise studies are performed as a part of project development to estimate future noise levels and to assist in determining the effectiveness and cost-effectiveness of noise walls.The first step in a noise study is to measure current noise levels for a representative set of residences. This is accomplished by placing noise monitors on residential properties in the location where outdoor activities are most likely to occur,typically the back yard.The results of this monitoring are used to calibrate the model that is to predict future noise volumes.With a calibrated model of existing conditions,future traffic volumes are input to the model to arrive at predicted future noise levels. For the placement of noise abatement to occur on a reconstruction project,three criteria must be met; 1) The noise studies must predict noise levels exceeding state standards. 2) The noise abatement must result in a minimum reduction of 5 dBA.For comparison purposes,to the human ear,a 3 dBA increase or decrease in noise is considered the smallest noticeable difference for a source of noise such as traffic. 3) The cost effectiveness of the barrier must not exceed$3,250/dBA/Residence.For a minimally effective noise wall then,the cost must not exceed$16,250 per residence. During project development,Mn/DOT typically estimates the noise wall needs at two points during the process.The first point is during preliminary design for the environmental document. This analysis is by necessity,not a detailed analysis.Insufficient detail is known about the elevation of the road and often the surrounding terrain to come to final decisions.The analysis at this point,estimates future noise levels and if they are above standards,places a hypothetical 20- foot high noise wall between the highway and the receptors,which are placed in the back yards of 136. An equal opportunity employer Mayor Nancy Tyra-Lukens November 7,2003 Page Two residences.The analysis, at this point,is blind to elevation differences between the road and the residences.If a noise wall is effective in achieving the 5 dBA reduction and is cost effective,it is shown as proposed in the environmental document.For the I-494 project in Eden Prairie,using the gross level of analysis,no walls were shown as proposed in the Environmental Impact Statement. The second point at which noise studies are performed is during final design.At this time,the . elevations of the road and the adjacent properties are known and the analysis is more detailed. During this analysis,noise wall heights,lengths and placements are varied to optimize the number of residences protected and still stay within the 5 dBA minimum reduction criteria and on a project basis stay within the$3250/dBA/residence criteria.Because of significant concerns from the Cardinal Creek neighborhood in regards to the I-494 project,Mn/DOT performed some of the optimization tasks in 2001.This analysis indicated that a noise wall could be designed to meet the effectiveness and cost-effectiveness criteria. This summer,as a result of the bonding bill proposed by the Pawlenty/Molnau administration and passed by the 2003 legislature,Mn/DOT advanced the I-494 project to an April 2004 Design- Build letting.At that point,we began the second noise study.The first step in that study was to optimize the noise wall heights and lengths for locations meeting the effectiveness standard and identified in the preliminary design study as very close to meeting the cost-effectiveness criteria. The results of that analysis justified a number of noise walls in Eden Prairie and Minnetonka. These noise walls had a cost of less than$3250/dBA/residence.This difference or savings • between the estimated cost and the$3250 criteria was applied to other potential wall locations in effect to buy down the cost of those walls.This allowed the placement of the wall on the west side of the corridor,north of Valley View Road. The remaining potential wall locations fall into two categories;those that are effective in significantly reducing noise,but not cost-effective,and those that are not effective in significantly reducing noise. The potential location along Beach Road falls into the former category.A wall in this location is shown by our modeling to have a noise reduction in excess of 5 dBA.Because it meets this threshold,Mn/DOT will pay up to$3250/dBA/residence towards the construction of this wall. The city or the residents would be responsible for the remaining cost,estimated at$625,000. The potential location along Stonewood Court falls into the latter category.We were unable to design a feasible wall(up to 35 feet high)that would result in a 5 dBA noise reduction.This is consistent with our experience for homes more than 500 feet from the highway.Because this minimum standard of a 5dBA reduction is not met,Mn/DOT will not contribute towards the cost of a wall at this location. At the October 21 City Council meeting,a number of additional questions came up,mostly in relation to the Stonewood Court neighborhood. 1.Why wasn't the Stonewood Court neighborhood mapped? Mn/DOT's practice is to map approximately 500 feet on both sides of the existing roadway. The area mapped did not include Stonewood Court. When the neighborhood insisted that their home be shown, we added those homes. Mayor Nancy Tyra-Lukens November 7,2003 Page Three 2.Why weren't the noise receptors placed in the back yards for the homes on the east side of Stonewood Court? Is our data from the model reliable giveri these placements? Though several receptors were placed in the front yards(on the street actually)when our contractor could not get access to these properties, two receptors were placed in the backyards and these receptors do represent the noise levels for all homes along the east side of Stonewood Court. The purpose of the receptors is simply to calibrate the model used to predict future noise. Only the backyard receptors were used to calibrate the model. 3.Was the density of homes on Shorewood Court considered? I understand there are 31 homes in this neighborhood. The density of homes comes into play during the cost-effectiveness determination. Because we were unable to find a barrier resulting in a 5 dBA reduction(even at 35'high), we did not perform the cost-effectiveness calculation. 4.Was there a software change? If so,was that software calibrated? There was no software change. 5.Is there a funneling effect when there is a break in the noise wall? There is no funnelink effect from a large gap in the barrier. There can be a funneling effect from a small gap, <10'. 6. Does noise increase due to reflection off a noise wall on the other side of the freeway? We have performed two tests in a before and after scenario where a noise wall was built on one side of a corridor but not another. We did not find a noticeable increase in noise. Other states performing the same studies have reached the same results. 7. Why is there a noise barrier installed along I-35W protecting the Wood Lake Nature Area? The Wood Lake Nature Area falls under a special classification established by the FHWA. It is classed as an area of serenity, which has a noise standard stricter than residential property. I believe this explains our process for determining the placement of noise walls and answers the questions posed at the October 21 City Council meeting.I assure you that our policy has been uniformly applied to this corridor and that no mistakes have been made in the analysis. Therefore,I encourage you to grant municipal consent for this important project based on the documents provided and discussed at the public hearing held October 21,2003.Please let me know if I can furnish additional information.You can reach me at(651)582-1296 or email me at thomas.okeefe@dot.state.mn.us.I look forward to working with you towards the delivery of this vital project. Sincerely, Tom O'Keefe Metro West Area Manager Mn/DO Gene Dietz,Public Works Director,City of Eden Prairie CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2003- APPROVE THE PROPOSED LAYOUT FOR I-494 IMPROVEMENTS FROM THS TO I-394 WHEREAS, the City Council of the City of Eden Prairie is the official governing body of the City of Eden Prairie; and WHEREAS, the Minnesota Department of Transportation (MnDOT) is proposing to make improvements on I-494 from TH 5 to I-394; and WHEREAS, MnDOT has prepared the layout (identified as Layout No. 2, S.P. 2785-304) and environmental documentation for this project; and WHEREAS,MnDOT will implement these improvements using a design-build process; and WHEREAS, based upon the MnDOT's "Policy and Procedures for Cooperative Construction Projects with Local Units of Government",the City's share for this work is estimated to be $81,173; and WHEREAS, MnDOT has requested that the City formally indicate its intent to participate in these costs; and WHEREAS, MnDOT and the City of Eden Prairie will work cooperatively toward the construction and completion of this project; and WHEREAS,the City Council of the City of Eden Prairie authorizes City staff to work with MnDOT to make any necessary minor modifications to the layout during the design phase of the I-494 improvement project; and WHEREAS,MnDOT has requested municipal consent for the 1-494 improvements; and WHEREAS,pursuant to State Statute 161.164, the City of Eden Prairie has held a public hearing to consider layout approval and subsequent municipal consent of said improvements. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council based on available information, studies and input received hereby approves Layout No. 2 (S.P. 2785-304) for 1-494 improvements from TH 5 to I-394. BE IT FURTHER RESOLVED that the City agrees to participate in costs associated with this project as set forth in MnDOT's "Policy and Procedures for Cooperative Construction Projects with Local Units of Government". ADOPTED by the Eden Prairie City Council on November 18,2003. Nancy Tyra-Lukens,Mayor ATTEST: SEAL Kathleen Porta, City Clerk l3q CITY COUNCIL AGENDA DATE: SECTION: Petitions and Requests November 18,2003 DEPARTMENT: ITEM NO.: ITEM DESCRIPTION: A Robert A. Lambert - Director of Parks&Recreation Archery Range Petition Requested Action Move to: Recommend approval for construction of an archery range in Staring Lake Park in 2004. • Synopsis On March 18, 2003 the Eden Prairie City Council moved to continue consideration of an archery range in Staring Lake Park. The Council Members discussed how the need for an archery range could be assessed since there was no public request for the facility. The City has received a petition for an archery range from parents of children who have participated in the City's archery program classes, as well as some of the archers who utilize the facility on Spring Road. The initial estimated cost for the archery range was $30,000, however, since that the time the Minnesota Valley Electric Cooperative has donated the poles for the structure and the canvas battings have also been provided from a grain elevator in Savage. The revised estimated cost for construction is approximately $12,000 for the remaining materials. Labor would be provided by the ICWC crew. On November 3, 2003 the Parks, Recreation and Natural Resources Commission recommended the Council approve this project on an 8-0 vote. Background Information The Eden Prairie Parks and Recreation Department has provided an archery range for citizens for approximately the last twenty years. Initially the archery range was located in Staring Lake Park adjacent to the area now known as the Amphitheatre. Due to construction of the bocce ball courts and eventually the horseshoe court complex, the archery range was moved to a property leased by the City from the Metropolitan Airports Commission. The archery range has been located adjacent to Spring Road for the last eight years and has been used primarily by recreational target archers. A member of the Parks staff visited Colorado and brought back a design where by an archery range could be built in a manner so that adjacent park users would not be endangered by those L(c Archery Range Petition November 18, 2003 Page 2 utilizing the specialized facility. The staff has researched this particular facility and is recommending construction of a new archery range on the property north of the Cummins-Grill Homestead. Funding for this project has been set aside in the Parks capital improvement program with cost estimated to be $12,000. The archery range when completed will be usable by recreational target shooters as well as for instructional classes conducted by the Parks and Recreation staff. The archery program at Round Lake would be relocated to Staring Lake Park to this new facility in order to address a safety concern referred to in Nicole Weedman's October 8 memorandum. Attachments: Map of Proposed Archery Range Facility Photos of Colorado Archery Range Nicole Weedman October 8 memo Petition signatures, letter and e-mail RAL/bju JL( f Staring Lake Park Archery Range - - Y �: - proposed Arc her tiRangeFac �Y- : . _:; .4 it' - tr.+ 'wt• 't t Se. �;j;t 1 - - u:"Cyr"• _ham" • - _ - — .:F`--, - =f : fry �,urd. 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'.w.Ey,1 at,':,..,r f�.., ��€"� A r xµ ^ ."„+a, 4's�•,'. arn�ue �"'..r-4"4-^ �t ' � - rta.�`•. s'?:.:�.�... _- ,.. ._.;s,}•-'�--�i '' �• .�� ••� $ „` t z' ° ri j` ,. ,' 41, , ° ,_ ::, side view of range .� ,,-� s'. .��h rl'i^M .? i1 :*rfn ShT ,r•1 Xi�'''*.�ry 'ykr �rf l �6`'Y.�s`'� :.>' �) }�ta+6-s<rN_ :asxy.?+-,��-=7 ...rr `.�......�i c si �r.ri. rai,.7.`.n�Y.:. � -crf.:;,Y•5 ;� ,`.?S� .,1=...: �.S-ism.:'7.3a. S 3.fl ti,•::'!:"•ShE::.�.id.'.._„','+, , • • . 1. ii . - - - - ' Y,s.W: iM Yf ypE. '� a. "". `✓: ' sue;e >i3..........:.:::x ,,, . r -.rn,{ -i2`ry�a w=c.._•tra - "�' V.7.t...!s'n.Y-Nz:. Y.;r,: 's--�-'•., N.,. . • f view of inside range Eden Prairie Parks & Recreation e • To: Robert Lambert, Parks and Recreation Director From: Nicole Weedman, Recreation Coordinat. I, 1 Date: October 8,2003 ` Re: Archery Bob, Attached is a petition asking for the City to review again the proposal of an archery range in Eden Prairie. The signatures were collected from the instructor of classes that were held by the Recreation Department at Round Lake Park. The archery class that I offer is for youth grades 1—8. Equipment is supplied if needed but students are able to bring their own. The current fee is$52/person. Currently,no Adult lessons are offered,but the instructor has stated that parents,both male and female,of youth taking classes have shown interest. Although the interest has been shown for an Adult class the instructors feels that the current facility should not be used due to safety. The demand for Archery has gone up in the past two years. In 2002,two sessions were offered with each session filling to capacity with 10 students. Each session also waillisted students,with three for the first session and 10 for the second session. In 2003,three sessions were offered with each class filling(10 students each). Due to demand,two additional classes were added in the summer of 2003,with each class having six participants. In addition to summer classes,a fall class was offered for the first time and also ran with seven students,bringing the number of participants for 2003 to 49. In talking with the instructor about the Round Lake facility he ended up stopping classes seven times due to people behind the shooting targets. A major safety issue. There were also problems with vandalism of the shooting bails. Overall,the facility has worked in the past for the youth classes and will continue to be the location for archery until a new facility or space becomes available. If you have any other questions or would like addition information please let me know. Thanks, Nicole 1 f Li� We the undersigned.being archers and parents of future archers,request the City Council of Eden Prairie to again review the proposed archery range plans and proceed with the construction. 4. -.NO 01. 5 t,:›3S' 1.-e.,-, Peut_, \\A i v:Ly-La-a-ILK6-•i t‘'W ..........7" c'<:[-ct S- --q•g:R)q-17' --—••.r---._.2._-Y- 7 I i r i -4411 We "."---2,-e / /6 , g //...5—f 7 LP,f._,-/-/4f -:_c &61., -P1 , / rd - /5Z/O i 6/1/1GWO-Cc LO/i4 _4(--t -Paci-eA-ee 41, , ,I,cd 16-zeiw, uog.e.i g.t.t4A, 1-t. (1452.__E-h-ftwea.N. al. EP . ( 12CotQ CA-eu0Z-Ec,ZoD P/ZZAJY, E-P Jae-- M altr /6 S erAck __ KA E, sM-(- ,. .,) -7 .8s 14 EV-I .A -i (Co & SS-3 q 6) 1 C __..1c#-, . '11/tc2- /9 52' ( Xe-rx Za0.6, 6-00 -s-1-3 ft4 4cgq6L--- '-t `-2--iLL-- -.P."3.74.9 49 Et 5-c-31 7 0-)1 br- v-.., ki.- - 3 /D. Ri.klu Pirl / m1/ ..---"A NUJ — lAdAcievi 79:0 ioe_c7 /a/ 57/KC/VI Z/O0M//75/0/2, i'llA *1 401,-eLe 15622(/ pluela.ee Orcte 01z,.1 lora frte "I( 3/,‘ I , 0 I 14aC6A/ _q * II'4a---Vox7a1iv pi , tt/2. /fre:;- 4752 if/1, -- Die 6/ti1ve---- ailivt-- gm/tic 3(7, 7- t c- 1. ..06,-,0 6SPei L _&c• -c,_ , --:, 0 }-u,) s-53Y- ( / / 1 -1C--1-- .(2 - .tithakt 6Sb7 Krr-z_ict tciei-7 Prciii-7 ,, it - 44r)20,1,1 20,,,v 'L)... sr.)(\-QA- K,,,„:t. . s•-;- _)4 4 ITN CIV -01k.g.44) \i; etleA PAN'LL. t\A Ki 5r>34L J iv • . ',/ LAW.1-.11 R c) 0 Pr isss---76 CA-7310N P-106E t r e•I r'' -05 ‘17 I q We the undersimed,being archers and parents of future archers,request the City Council of Eden Prairie to again review the proposed archery range plans and proceed with the construction. N.AME ADDRESS l7q&? 4474a4, At, C(,:k-A- cYC7k) j ve5a. Zhsf � • ..� i &7/‘ 1`tON y5 ck Ie- L- vt ) EP 152z0 1r s (4 7 / / / ,, HLfl_ . v i/e; , ,4 /-‘,' i / , t 7 # , t er 1 L . y' ,> t'.,^ - f ..'N rt j' s 1 j ,y,..- ) •Likti ‘.).j 420 ' • --ri+ ,;,6,t,-4,-,-,,,T c4., kb „ • , It 14-0,44.4z, ,A.tzfa-4,,,y7,:ti t„.zi-9.4.,,t,e., J.2,a,0 --b., ,may vVr'1•f• f yv14 �� ,AR 1 o ,-, .. ,,,, W a-4 u'P'L.'"LC9N G 'e----t4'4-2 -,- ?4:12.4.--,. - 14:1, I ji dry. „ k�,l ,� (f tt� �� 3 �j . t)r,;),:-.9 714/..s-Q40 a,,,g,,,, e,,,Lri. we- I 621 4 g-e d-A-Itegra /4 i gcLO -11D ,4 , -----9. 1 ( 1 f r; `----- ..". 1 . e<(-1.-/' //oll/5Y,Le.,0_,Y?4- . i <A,Q ?-1,,L,Y,_e 'Iq qD Cwete:ivh? .e1,,t( e',i1 47,5C-----7)q9/9--c),-Z.74// 7 7//4( .. 4,a4„;(-- 64-ck.--,2„,,,,, ,,,,, 5,--2, - 57, 7^C.)?S: 7 ,,7 —..S(vA. to,.P.S6-4"- 7cii.f CA)04C-7-,e tQlly 4--p 9 -', _ ©G j f�/�} S? L•.,,r .?��r ' . ,. 7 1 ; i s-c•1,.;_1 f _, - r� _-. 8_ - .j� 1 � T /6ggf1-4,-41 ,,L,rzc yra-- 1- ,/ --e_ ) 1. 1 ;3 )1,, t i f .r _ob Lambert-Arcnery t ange • From: "MARK COTA"<markaycota©msn.com> To: <rlambert©edenprairie.org> Date: 3/29/03 8:26AM Subject: Archery Range Hi Bob, I read a short article in the"EP News"that your recommendation for an archery range in Eden Prairie was"put on hold" because no group or person was asking that one be built. Please accept this email message as a request for an archery facility. I have been using the targets on Spring Road for several years to tune up for archery season. Typically, I will visit the site 8-10 times during the month of August to adjust sites and rests on the bow, eliminate arrows that don't fly straight, &hopefully improve my groupings. My experience is that there usually are one or two other archers at the site when I visit. We are not much of a political group since we seldom know each others names&we are not a part of a club. I suspect that your primary objective is to provide a facility for skill development, safety training, & possibly a league of some sort. If you are successful, I would be a candidate for an adult class and league. Incidentally, I finally brought that mule deer buck home from Wyoming. I'm saving a stick of sausage just-in-case some of the old poker group want to get together for a reunion game. Hallett should be back soon. He is such a good organizer. If you see him, please suggest! Regards, Mark Cota Unisys telephone#: 651-687-2460 Virtual telephone#: 952-934-9109 1L19 • ...1 r4 Lam. �l 7'{ 9.•yr +.r,.! , _ . - *J - - - .. . i _ - i Li-2 1 7 ; f l CCLL 1. k - �'- i- -1 - . _ '* ` ..` ::' •}? • i v i •sryy i0()J ' �•.. •— .w�_ USA • a !�¢: .Y Archery range plans delayed. : -r L The Eden Prairie City Council • r'°(''"� ' " () 1r\,\(34�L,-- , delayed approving plans to build a new archery range in Staring Lake vD0ori) i-(-c6u,(211 . Park until a need for one arises. :;r Parks Director Bob Lambertproposed building a new archery r, range for $30,000 just north.of , = . 1 the J.R::Cummins Homestead.off. ''..:4,...!:.: -..,,:-..i.:,.. aulit �o LLse j \ 1 of Pioneer Trail.The city s archery' • r range has been located near Spring Li q Road for the last eight.years,but is making way for the expansion of Flying Cloud Fields. F=- � ' • '� y y i # t # i .� I 1' 3• However, council.members ' .�b••: .. A iiiii2Y n i:ifliiut'�:l YY i i li i. wwwt} i tjiY i Yi-diiij asked that the plans be put on hold after Lambert told them no : ?-" _ group or person was asking that' '' the archery range be built. City " documents state it would-be used by recreationai'target'shooters as =". ' well as`for instructional classes '4.4: "1 • V\if\l; f) \U- ..5\.t. --. '''')il'\-C,_%' • /6'-'1\ - ) et-/.11\.1:k :; •' '..'453g-33-.:::--.?.•:..--;•-.•:. f--,..,•..:.•:6:•;- • •••.s% %Ir.•:r .F.'' It--1_,Lf2 .1,r\Lf-‘!t,'. ,) CL• , . C-. �' L. , _ INI �I� ter/ ,ri L)L L_, C i \ ~1 ti I.f.. ly p y 1/4.:L'�r ;� `.� ‘ ' t Y ` „ r •� �,-. ice 4'liA L r • J ,,,1 i 1 1 V1 if`;n.r.'il r- ,•Y`i\ V_IG �`�IV�,.•f�v�..l_• I - �{.�`��• �4 v .' i.i ^�- v� --- -- i(i.�(•,i -L• •fir i .'�i+.-=r - - •r'. r%� CITY COUNCIL AGENDA DATE: 11/18/03 SECTION: Petitions,Requests and Communications DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Michael Barone,Assistant to the Request by staff to consider amendments to City Manager City Code Chapter 4: Beer, Wine and Liquor riE Licensing and Regulation Requested Action Brunswick Lanes is requesting consideration of amending the City Code Chapter 4: Beer, Wine and Liquor Licensing and Regulation,that would allow the Brunswick Lanes facility, located at 12200 Singletree Lane,Eden Prairie,to hold their intoxicating liquor license,beginning January 1, 2004, as a"bowling center;" and that the principal part•of business (PPOB) shall be derived from a combination of food sales and bowling activity revenues. If Council wishes to have Staff pursue amending the City Code changes, staff can return on December 2, 2003 at the next City Council meeting with those amendments. • Synopsis The proposed City Code amendments would define`Bowling Center"in Section 4.01, to amend Section 4.05 Subd. 7, and to amend Section 4.06, Subd. 4. Background Information Brunswick currently holds a liquor license in the City of Eden Prairie. They have maintained their license since it was first issued in 1994. Minnesota State Statute Chapter title: Liquor, Section 340A.404, Intoxicating liquor; on-sale licenses allows cities to issue licenses in the following manner: Section 340A.40, Subdivision 1. Cities. (a)A city may issue an on-sale intoxicating liquor license to the following establishments located within its jurisdiction: 1) Hotels; 2) Restaurants; 3) Bowling centers; 4) Clubs or congressionally chartered veterans organizations with the approval of the commissioner,provided that the organization has been in existence for at least three years and liquor sales will only be to members and bona fide guests; 5) Sports facilities located on land owned by the Metropolitan Sports Commission; and 6) Exclusive liquor stores. Staff has been working with Ms. Wildy Perryman,Manager of Regulatory Affairs and Mr. John Karabatsos,Director of Operations for Brunswick, officed at 1 North Field Court, Lake Forest, IL, 60045, and with Mr. Doug MacLean, General Manager of Brunswick Lanes-Eden Prairie on their request to amend the City Code. A staff committee consisting of Michael Barone,Assistant to the City Manager; Michael Franzen, City Planner; Sgt.Dennis Paulson of the Police department, Christy Weigel,Police department Licensing Clerk, and City Attorney,Ric Rosow have been working with Brunswick on this request. This staff committee met with Brunswick representative on Thursday, October 16, 2003. The three changes that would be necessary to amend the City Code Chapter 4 would be (1)to define"bowling center," and then to include that definition in Section 4.01 of the City Code, (2) to include"bowling center"by amending Section 4.05, Subd. 7 so an on-sale intoxicating liquor license could be granted to a bowling center, and(3) to define principle part of business for the "bowling center"by amending Section 4.06, Subd. 4 to specify parameters that would regulate a maximum allowable percentage of gross receipts from the sales of intoxicating liquor different from the current 50%for restaurants. CITY COUNCIL AGENDA DATE: SECTION: Appointments November 18,2003 DEPARTMENT: ITEM DESCRIPTION: ITEM NO.: Scott Neal, City Manager Appoint representative and alternate to LOGIS vQ 4 Board of Directors Requested Action Move to: Appoint Finance Manager Sue Kotchevar as the Eden Prairie Representative and IT Manager Lisa Wu as Alternate Representative to the LOGIS Board of Directors. Synopsis Don Uram,who as Finance Director in August,was the City's representative to the LOGIS Board of Directors. LOGIS asked that the Council formally approve the appointments of the new representative and alternative representative to the Board. I t 3 CITY COUNCIL AGENDA DATE: SECTION:Director of Parks and Recreation November 18,2003 DEPARTMENT: ITEM NO.: ITEM DESCRIPTION: Robert A. Lambert J Proposed Changes to Jean Harris Memorial Bridge Director of Parks&Recreation Requested Action Move to: Approve the design and material selection for the Jean Harris Memorial Bridge. Synopsis On October 7 the City Council authorized city staff to proceed with preparation of plans and specifications for the Jean Harris Memorial Bridge to be constructed within the Purgatory Creek Recreation Area. The bridge will be bid as part of the excavation of the pond between the dike and Technology Drive later this winter. During the preparation of plans and specifications the engineer met with Terri Kwant, the artist responsible for the bridge design. As a part of that process some decisions had to be made that resulted in changing of materials for the final bridge design. Ken Grieshaber of S.R.F. will be in attendance at the November 18 meeting to share with the Council the recommended materials and colors for the final product. Background Information On January 15, 2002 the City Council approved a task force to develop an appropriate memorial to memory of Jean Harris. That task force submitted a report in May 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 in a citizens committee in developing a design for that purpose. On December 17, 2002 the City Council approved a concept design of a bridge with an estimated cost of approximate cost of$111,590, plus the cost for abutments, etc. The final cost estimate at approximately$150,000. A concept design approved by the City Council included a weathering steel bridge with a concrete deck. The proposed bridge will be a painted steel bridge with a colored concrete deck. The design in the center of the bridge has changed somewhat due to structural considerations. The estimated cost after preparation of plans and specifications for the total project will be $144,386, including the concrete piling and bridge abutments. Attachments: Engineers Cost Estimate Plan View and Elevation View 11/1/2003 ENGINEERS COST ESTIMATE FOR HARRIS TRIBUTE BRIDGE,PURGATORY CREEK PARK BRIDGE NO.27B14 ITEM ITEM DESCRIPTION UNIT CONTRACT UNIT TOTAL NUMBER QUANTITY COST PRICE i 2401.512 BRIDGE SLAB CONCRETE(3Y36) SQ.FT. 570(P) 18.00 10,260.00 2401.541 REINFORCEMENT BARS(EPDXY COATED) POUND 2,280(P) 0.90 2,052.00 2402.521 STRUCTURAL STEEL(3306) POUND 8,330(P) 2.50 20,825.00 2402.583 ORNAMENTAL METAL RAILING TYPE 1 LIN.FT. 81 (P) 100.00 8,100.00 2402.583 ORNAMENTAL METAL RAILING TYPE 2** LIN.FT. 60(P) 250.00 15,000.00 2402.591 EXPANSION JOINT DEVICE LIN.FT. 23(P) 100.00 2,300.00 2402.595 BEARING ASSEMBLY EACH 6 850.00 5,100.00 2404.618 COLORED CONCRETE OVERLAY SQ.FT. 435 20.00 8,700.00 2540.618 GRANITE INSET SQ.FT. 46 350.00 16,100.00 INSTALL ETCHED GLASS PANELS EACH 20 450.00 9,000.00 ESTIMATED BRIDGE COST(DOES NOT INCLUDE SUBSTRUCTURE) $97,437.00 ITEM ITEM DESCRIPTION UNIT CONTRACT UNIT TOTAL NUMBER QUANTITY COST PRICE 2401.501 STRUCTURAL CONCRETE(1A43) CU.YD. 2(P) 425.00 850.00 2401.501 STRUCTURAL CONCRETE(3Y43) CU.YD. 35(P) 525.00 18,375.00 2401.541 REINFORCEMENT BARS(EPDXY COATED) POUND 3,860(P) 0.90 3,474.00 2401.601 STRUCTURE EXCAVATION LUMP SUM 1 10,000.00 10,000.00 2452.507 C-I-P CONCRETE PILING DELIVERED 12" LIN.FT. 350 30.00 10,500.00 2452.508 C-I-P CONCRETE PILING DRIVEN 12" LIN.FT. 350 5.00 1,750.00 2452.519 C-I-P CONC TEST PILES 60 FT.LONG 12" EACH 1 2,000.00 2,000.00 SUBTOTAL OF ESTIMATED SUBSTRUCTURE BRIDGE COST $46,949.00 SUBTOTAL OF ESTIMATED BRIDGE COST(DOES NOT INCLUDE SUBSTRUCTURE, $97,437.00 TOTAL ESTIMATED COST $144,386.00 **INCLUDES PRICE OF STAINLESS STEEL ARBORS -10,1- Jean Harris Memorial Bridge Plan View and Elevation View 44Y mI! TO OUT OF INES gli 1541 13 2 vi• xr-s v>, I a+Esr 2J r' h f f ( Ir1 f 7�31C ME 6 ,( II 1 Elsa 1 t .`, 't'k k. (�{;• S t , Cyr h } ...1, j}� ( , I ! ,.). �EL ��• �.. 4. IIE N PM'Allitterfaini :if_ii= =4=ii= , ate-�I=I=r=I= ,,;11f��1.11111111111 II'' II Ill 11 III III _..I ' .11111111111111111E1 I II 1111 II III II I, II 11111 IIIIIIIIINIIIII Ili1,, ' - I i�'� _-i.. EL�ummw I -t irr 820 L_12 ''`'. I I ELF I I -• 1 LJ I +` I I7� I 1 _ L.4 l l I I I I I I I I I I I 11 I I 1111 II HI 11 111111 1II r—KaliTie '= MO �— - f t+81 CITY COUNCIL AGENDA DATE: SECTION: Director of Parks and Recreation November 18, 2003 DEPARTMENT: ITEM NO.: ITEM DESCRIPTION: Robert A.Lambert '114'. •D Director of Parks&Recreation Proposed Tribute to Charlotte Bruening Requested Action Move to: Approve the proposed tribute to Charlotte Bruening by displaying an angel in the garden behind the Senior Center with a plaque inscribing: "A Tribute to Charlotte Bruening for Her Dedication to the Garden" Synopsis The purpose of displaying the "angel" is to honor Charlotte Bruening and her dedication and inspiration towards developing and maintaining the garden behind the Senior Center for approximately the past 10 years. The Parks, Recreation and Natural Resources Commission reviewed this proposal at their November 3, 2003 meeting and recommended approval. Background Information In the fall of 2002 Charlotte and her late husband, Paul, were in a tragic auto accident. Due to this tragic event, Charlotte is unable to care and maintain the garden as she has in the past. The Senior Center Advisory Council voted to honor Charlotte by displaying an angel in the garden since Charlotte planned, planted and maintained the garden since its inception. The "angel" statue is a relatively small (it stands two feet tall) cherub, it would not be the focal point of the garden. The Senior Center Advisory Council believe that the garden would not be what it is today without Charlotte's unending time and commitment. She took the time weekly, if not daily, weeding and water, buying and planting new flowers annually. The statue is tribute to ten years of dedication to this garden that is enjoyed by all visitors to the Senior Center. The Parks, Recreation and Natural Resources Commission did have some discussion regarding whether or not an"angel" was a religious symbol. After viewing the statue they determined that it would not be considered a religious statue. They also discussed the policy of providing public Proposed Tribute to Charlotte Bruening November 18, 2003 Page 2 tributes or memorials within public parks. This is a tribute to recognize ten years of extraordinary volunteer effort on behalf of an individual and the Commission thought it was an appropriate way to recognize that effort. RAL/bju