HomeMy WebLinkAboutCity Council - 04/27/2004 AGENDA
JOINT MEETING OF THE EDEN PRAIRIE CITY COUNCIL
& COMMUNITY PLANNING BOARD
WORKSHOP/FORUM
TUESDAY,APRIL 27,2004 CITY CENTER
5:00—6:25 PM,HERITAGE ROOM II
6:30—7:00 PM,COUNCIL CHAMBER
NOTE: The meeting will begin at 5:00 p.m.sharp,since there is a lot of material to be
covered.
CITY COUNCIL:
Mayor Nancy Tyra-Lukens,Councilmembers Sherry Butcher,Ron Case,Jan Mosman,and
Philip Young
COMMUNITY PLANNING BOARD: Ken Brooks, Larry Kacher, Vicki Koenig,Kathy
Nelson,Peter Rocheford,Fred Seymour, Ray Stoelting,Jon Stoltz,William Sutherland
CITY STAFF:
City Manager Scott Neal,Police Chief Dan Carlson,Fire Chief George Esbensen,Public Works
Director Eugene Dietz, Parks and Recreation Director Bob Lambert, Communications Manager
Jack Sheehan, City Planner Michael Franzen, Traffic Engineer Randy Newton,Economic
Development Manager David Lindahl, City Assessor Steve Sinell, City Attorney Ric Rosow, and
Recorder Lorene McWaters
Heritage Room II
I. GOLDEN TRIANGLE AREA LAND USE
Council Chamber
II. OPEN FORUM
III. OPEN PODIUM
IV. ADJOURNMENT
AGENDA
EDEN PRAIRIE CITY COUNCIL
TUESDAY,APRIL 27, 2004 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
II. PLEDGE OF ALLEGIANCE
III. COUNCIL FORUM INVITATION
IV. SENIOR AWARENESS PROCLAMATION (p. 1)
V. GOOD NEIGHBOR AWARD PRESENTATION
VI. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
VII. MINUTES
A. COUNCIL WORKSHOP HELD TUESDAY,APRIL 13,2004 (p. 2)
B. CITY COUNCIL MEETING HELD TUESDAY,APRIL 13,2004 (p. 4)
VIII. CONSENT CALENDAR
A. CLERK'S LICENSE LIST (p. 17)
B. SCENIC HEIGHTS APARTMENTS by Duane and Patricia Pidcock. 2nd Reading
for Planned Unit Development District Review with waivers on .97 acres, Zoning
District Change from Rural to R1-13.5 on.35 acres and from Rural to RM-6.5 on .62
acres, and Site Plan Review on .62 acres. Location: Red Rock Road and Scenic
Heights Road. (Ordinance for PUD Zoning District Change and Resolution for
Site Plan Review) (p. 18)
C. APPROVE SECOND READING OF ORDINANCE REPEALING CITY CODE
SECTION 5.45 AND 9.14 AND AMENDING SECTION 9.15 REGARDING THE
REGULATION OF PHOSPHORUS FERTILIZERS AND ADOPT RESOLUTION
APPROVING SUMMARY ORDINANCE FOR PUBLICATION (p. 35)
CITY COUNCIL AGENDA
April 27,2004
Page 2
D. ADOPT RESOLUTION APPROVING FINAL PLAT OF TRAXLER ADDITION
(p. 40)
E. ADOPT RESOLUTION APPROVING FINAL PLAT OF EAGLE RIDGE AT
HENNEPIN VILLAGE THREE (p. 43)
F. ADOPT RESOLUTION APPROVING FINAL PLAT OF LORENCE THIRD
ADDITION (p. 49)
G. APPROVE CHANGE ORDER NO. 1 FOR CRESTWOOD TERRACE STREET
AND UTILITY IMPROVEMENTS PROJECT (p. 51)
H. ADOPT RESOLUTION APPROVING CONSTRUCTION COOPERATIVE
AGREEMENT WITH HENNEPIN COUNTY FOR INTERSECTION
IMPROVEMENTS AT CSAH 4 (EDEN PRAIRIE ROAD)AND VALLEY VIEW
ROAD, I.C. 96-5405 (p. 70)
I. APPROVE RELEASE OF LAND FROM SPECIAL ASSESSMENT
AGREEMENT FOR LOT 1,2 AND 3,BLOCK 1,THE BLUFFS AT
PURGATORY CREEK, SSA 03-06 (p. 72)
J. APPROVE MINOR SUBDIVISION OF BRIARHILL APARTMENTS SITE (p.
75)
K. ADOPT RESOLUTION TO OPPOSE TAX AND EXPENDITURE
LIMITATION PROPOSALS (TABOR AND SIMILAR PROPOSALS)AT THE
MINNESOTA STATE LEGISLATURE (p. 75)
IX. PUBLIC HEARINGS /MEETINGS .
X. PAYMENT OF CLAIMS (p. 80)
XI. ORDINANCES AND RESOLUTIONS
XII. PETITIONS, REQUESTS AND COMMUNICATIONS
A. REQUEST TO COMBINE TWO LAND PARCELS FOR OLYMPIC HILLS (p. 88)
XIII. REPORTS OF ADVISORY BOARDS & COMMISSIONS
XIV. APPOINTMENTS
A. ARTS AND CULTURE COMMISSION APPOINTMENT (p. 90)
XV. REPORTS OF OFFICERS
CITY COUNCIL AGENDA
April 27,2004
Page 3
A. REPORTS OF COUNCILMEMBERS
B. REPORT OF CITY MANAGER
1. 2004 Employee Awards
2. Clean Indoor Air Task Force Update
C. REPORT OF PARKS AND RECREATION DIRECTOR
D. REPORT OF PUBLIC WORKS DIRECTOR
E. REPORT OF POLICE CHIEF
F. REPORT OF FIRE CHIEF
G. REPORT OF CITY ATTORNEY
XVI. OTHER BUSINESS
XVII. ADJOURNMENT
• PROCLAMATION
City of Eden Prairie
Hennepin County, Minnesota
WHEREAS,the increasing number of senior citizens in Eden Prairie bring many
opportunities and challenges for all components of our City--families,businesses,and
government; and
WHEREAS,every segment of our society is influenced by the needs,resources and
expertise of our senior citizens; and awareness improves participation and action; and
WHEREAS,our Eden Prairie seniors play a pivotal role in formal and informal
education, sharing years of accumulated experience and wisdom which will impact our future;
and
WHEREAS,the community wishes to celebrate and acknowledge the contributions and
accomplishments of the seniors in our community and recognize the organizations that serve
older adults; and
WHEREAS,the theme"Strides for a Better Tomorrow,"establishes that seniors are an
integral part of our community,
NOW,THEREFORE,I,Nancy Tyra-Lukens,Mayor of the City of Eden Prairie,
Minnesota, do hereby proclaim
May 2004
to be
SENIOR AWARENESS MONTH
In the City of Eden Prairie,Minnesota
ADOPTED by the Eden Prairie City Council on this 27th day of April 2004.
IN WITNESS WHEREOF,I have affixed the seal of the City of Eden Prairie.
Nancy Tyra-Lukens,Mayor
on behalf of Council Members:
Sherry Butcher
Ron Case
Jan Mosman
Phillip Young
A
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL WORKSHOP/FORUM
TUESDAY, APRIL 13,2004 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, Human Resources Manager Karen Kurt, City Attorney Ric Rosow
Heritage Room II
I. CLOSED SESSION (begins promptly at 5:00 p.m.)
A. POTENTIAL LITIGATION
B. CITY MANAGER'S PERFORMANCE REVIEW
Council Chamber
II. OPEN FORUM
A. GEOFFREY FERSTER
Mr. Ferster, 8056 Timberlake Drive, said he wanted to address"governance and
transparency"in relation to the upcoming referendum. He noted that the City's
strategic plan calls for fiscal responsibility and states that the City is responsible
for informing citizens of its actions. Mr. Ferster asked Council who will manage
the new and upgraded facilities in the event the referendum passes. He also said it
is not clear how much residents will be expected to pay in user fees, except that
Bob Lambert has said $6 to $7 will probably be the fee for a single swim session.
Ferster said he did a"back of the envelope" calculation based on increases from
successful parks and school referendums, "shifts for the state's decisions," and
"taxable market value"that shows property taxes could increase by up to $500.
He said this increase could have"equity impact issues" on people with fixed or
low incomes.
Ferster said he feels there is no analysis that says"we use what we have," and
cited Round Lake Park tennis courts as an example. He said most facilities are
a
not"stretched" outside of certain peak periods. He said the survey conducted by
the City this spring indicates only 51%favor an outdoor aquatic center and only
60 percent support Community Center improvements.
Lambert said there is no deal pending to have anyone except City staff manage
existing or proposed facilities. He said revenues from pool user fees are expected
to exceed operating costs, but not by enough to pay off any bonds. In particular,
the fitness center, play area, ice rinks, and aquatic center are all expected to cover
their own costs. The gymnasium and teen center are not expected to completely
cover their own costs.
Mr. Ferster said he would provide the City Manager with written copy of the
notes he used for this presentation.
III. OPEN PODIUM
No one requested to speak at Open Podium.
IV. ADJOURNMENT
v1.
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
TUESDAY,APRIL 13, 2004 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.
ROLL CALL/CALL THE MEETING TO ORDER
Mayor Tyra-Lukens called the meeting to order at 7:00 p.m. City Planner Michael
Franzen was absent.
11. PLEDGE OF ALLEGIANCE
Following the Pledge of Allegiance, Tyra-Lukens announced the passing this past week
of two individuals connected with Eden Prairie—Marine Corporal Tyler Fey, resident
and graduate of Academy of Holy Angels who died while serving in Iraq; and Mr. Lynn
Charlson, 93,pioneer of Eden Prairie businesses and Eden Prairie land owner for many
years. She expressed condolences to the families of both.
III. COUNCIL FORUM INVITATION
Mayor Tyra-Lukens announced that the City Council provides an Open Forum
opportunity for Eden Prairie citizens to address the Council on issues related to Eden
Prairie city government on the first and third Tuesday of each month from 6:30-6:50 p.m.
in the Council Chambers immediately prior to the start of the City Council's regularly
scheduled meetings. She said this month's meetings are on the second and fourth
Tuesdays because of precinct caucuses held last week. She said Open Forum is reserved
for scheduled participants and if you wish to speak to the Council during Open Forum,
please contact Ms. Lorene McWaters in the City Manager's office by calling
952.949.8412 by noon of the meeting date with your name and the subject matter you
wish to address.
Tyra-Lukens said the Council also provides an impromptu, unscheduled Open Podium
opportunity for citizens to address the Council concerning issues related to Eden Prairie
city government from 6:50 to 7:00 p.m. immediately following Open Forum. She said
Open Forum and Open Podium are not recorded or televised. She said the City Council
reserves the right to adjust the time allocations for Open Forum and Open Podium and if
you have questions about the process or procedures of Open Forum or Open Podium,
please contact the City Manager's office.
CITY COUNCIL MINUTES
April 13,2004
Page 2
Tyra-Lukens read a proclamation declaring April 11-17,2004 as National
Telecommunicators Week in Eden Prairie in honor of the men and women whose
diligence and professionalism keep the city and citizens safe.
IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
Neal requested removing Item VI.E. from the Consent Agenda and place the item under
the Ordinances and Resolutions section of the agenda because there have been recent
changes to the document. Tyra Lukens added,under Reports of Councilmembers, a
report on a closed session held prior to this meeting regarding the City Manager's
performance review.Mosman added,Reports of Councilmembers, an issue and update on
pedestrians.Also under Reports of Councilmembers,Butcher added a query for the head
of Public Works.
MOTION: Case moved, seconded by Young,to approve the agenda as published and
amended.Motion carried 5-0.
V. MINUTES
A. COUNCIL WORKSHOP HELD TUESDAY,MARCH 23,2004
MOTION: Butcher moved, seconded by Mosman,to approve the Minutes of the
City Council Workshop held Tuesday,March 23, 2004. Motion carried 5-0.
B. CITY COUNCIL MEETING HELD TUESDAY,MARCH 23,2004
Case said on Page 13,second paragraph, second line,his concern was that
developer's alternatives would be more complicated and problematic,not his
integrity.He asked to change"integrity"to "alternatives are."
The minutes will also be amended to reflect the correct spelling of City Manager
Scott Neal's last name.
MOTION: Young moved, seconded by Case,to approve as amended the Minutes
of the City Council Meeting held Tuesday,March 23,2004. Motion carried 5-0.
VI. CONSENT CALENDAR
A. CLERK'S LICENSE LIST
B. COSTCO WHOLESALE by Costco Wholesale. Approval of Development
Agreement. Location: 12005 Technology Drive.
C. ADOPT RESOLUTION NO.2005-53 APPROVING FINAL PLAT OF
MEADOWCROFT
5
CITY COUNCIL MINUTES
April 13,2004
Page 3
D. ADOPT RESOLUTION NO. 2004.54 APPROVING APPOINTMENT OF
ELECTION JUDGES FOR MAY 11, 2004 REFERENDUM
E. ADOPT RESOLUTION NO. 2004-55 APPROVING LEASE WITH
GENERAL GROWTH PROPERTIES FOR HUMAN SERVICES SPACE
F. ADOPT RESOLUTION NO. 2004-56 APPROVING CITY
PARTICIPATION IN MN/DOT COMMUNITY ROADSIDE
LANDSCAPING PARTNERSHIP PROGRAM
G. AWARD BID FOR HIGH TRAIL ESTATES PARK PLAYSTRUCTURE
H. AWARD BID FOR WILLOW PARK PLAYSTRUCTURE
I. AWARD BID FOR CITY CENTER PARTING LOT CONSTRUCTION
AND PLAYGROUND SITE PREPARATION
J. AWARD BID FOR RE-ROOFING OF ROUND LAKE PARK BUILDING,
PAVILION AND KIOSK
K. AWARD BID FOR CONSTRUCTION OF THE EDEN PRAIRIE CENTER
HUMAN SERVICES SITE
L. AWARD CONTRACT FOR 2004 STREET STRIPING,I.C. 04-5616
M. AWARD CONTRACT FOR 2004 STREET BITUMINOUS CRACK
FILLING,I.C. 04-5615
N. APPROVE CHANGE ORDER NO. 1 FOR BASIN REPAINTING
PROJECT AT THE WATER TREATMENT PLANT, I.C. 04-5608
O. APPROVE PARTIAL RELEASE OF LAND FROM SPECIAL
ASSESSMENT AGREEMENT FOR GRAY FOX BLUFF ADDITION
P. APPROVE STATE OF MINNESOTA CUSTOM MICROSOFT
ENTERPRISE ENROLLMENT CONTRACT
MOTION: Case moved, seconded by Butcher,to approve Items A-P of the
Consent Calendar with the exception of Item E. Motion carried 5-0.
VII. PUBLIC HEARINGS/MEETINGS
A. 2004 DNR NATURAL AND SCENIC AREA GRANT PROGRAM
City Manager Scott Neal reported the 4.04 acres of land would be included in the
Birch Island Woods Conservation Area for permanent protection if funding is
available for the purchase of the property. He said this parcel is likely to be
6
CITY COUNCIL MINUTES
April 13,2004
Page 4
developed as single family housing,if the property is not acquired in 2004. The
entire open space complex has been protected for many years. This is the last
parcel necessary to preserve all land north of Birch Island Road.Neal said official
notice of this public hearing was published in the April 1,2004,Eden Prairie Sun
Current. Lambert added that this public hearing is required of the grant program.
There was no public comment.
MOTION: Mosman moved to close the public hearing and support the grant
application requesting funding from the Department of Natural Resources for
acquisition of 4.04 acres of land on the north side of Birch Island Woods Road,
and confirm that the Council will acquire the parcel subject to,but not limited to,
being awarded the grant. The City shall apply for any other feasible or appropriate
grants and pursue other funding options. Case seconded the motion.
Rosow said later in the agenda there is an item approving the option agreement.
He said it gives a legal right to purchase the property up until 195 days after the
signing of the agreement.He said that would be the appropriate place to put other
sentiments of the Council—approval of the option and to direct staff to look at
additional sources of funding in addition to the grant that was previously
approved. Mosman said she would be agreeable to that.
Case said wording should be"confirm that the City, if awarded the grant,will fill
its obligation to purchase the land."
Young asked exactly what the City would be open to if Friends of Birch Island
Woods cannot acquire$200,000. Lambert said the City is telling the State that the
City will provide the matching funds.He said rather than"subject to"being
awarded,it could say"upon"being awarded the grant.
Young asked what other opportunities there are for acquiring open space land and
what other options would the City be eliminating if it commits to spending money
here rather than elsewhere. Lambert said he is not aware of any other grants for
which this parcel would qualify, and the only other source he is aware of is park
dedication fees.He said if$400,000 is taken from park dedication fees,then other
projects would be delayed or eliminated. Lambert said he could provide a report
listing other properties the city may want to consider,but at this point the city has
applied for a grant for this parcel and a group of citizens are trying to help with
the City's match. Tyra-Lukens said a report would be helpful. Lambert suggested
also asking the Friends of Birch Island Woods to give a report on the progress of
their funding.
Neal said the idea of Council direction on this being included in the other item on
the agenda is a good idea,changing the wording as noted is a good idea, and he
thinks it is important that those considering that statement understand that this
may not happen if a grant is not involved.Butcher said the sense of urgency with
this is the development of the landowner having the option of developing his land
CITY COUNCIL MINUTES
April 13,2004
Page 5
immediately. Case said it is always important to regularly discuss with Mr.
Lambert priorities of projects.He said he is committed to doing everything to
work other options to purchase the land. He said he would like to see the city gain
access and control and own this land,but he would never commit to buying the
whole parcel.
MOTION:Mosman moved to amend the motion to support the grant application
requesting funding from the Department of Natural Resources for acquisition of
4.04 acres of land on the north side of Birch Island Woods Road, and confirm that
the City will acquire the parcel upon being awarded the grant. Seconded by Case,
motion carried 5-0.
Original motion, as amended,carried 5-0.
B. VACATION OF RIGHT-OF-WAY FOR PART OF ALPINE TRAIL,
VACATION 04-04 (Resolution No.2004-57)
City Manager Scott Neal stated official notice of this public hearing was
published in the March 25, 2004,Eden Prairie Sun Current and mailed to 3
property owners.He said the owner of property located at 6990 Alpine Trail has
requested this vacation to enable the inclusion of the Right-of-Way into the
property. He said the segment of Alpine Trail requested for vacation was
dedicated to the public upon approval of the plat of Alpine Estates on April 14,
1964. The Right-of-Way was used as access from County Road 4 to the area until
approximately 1980,when it was closed due to poor sight distance concerns. The
property has been used since that time as a driveway to 6990 Alpine Trail.
Privately owned utilities have been installed within the Right-of-Way,therefore a
drainage and utility easement will be preserved.
There was no public comment.
MOTION: Case moved, seconded by Butcher,to close the public hearing and
adopt the resolution vacating the right-of-way for part of Alpine Trail. Motion
carried 5-0.
VIII. PAYMENT OF CLAIMS
MOTION:Mosman moved, seconded by Young,to approve the Payment of Claims.
The motion was approved on a roll call vote,with Case,Butcher,Mosman,Young
and Tyra-Lukens voting` aye."
IX. ORDINANCES AND RESOLUTIONS
C. (Formerly Item VI.E. on this agenda)
ADOPT RESOLUTION NO.2004-55 APPROVING LEASE WITH
GENERAL GROWTH PROPERTIES FOR HUMAN SERVICES SPACE
U
CITY COUNCIL MINUTES
April 13,2004
Page 6
Rosow said the reason he asked for this to be taken off the Consent Agenda is
because the City was negotiating the terms of the lease up until tonight's meeting.
He explained changes to the document and asked for approval of the lease with
the addition of two changes. He said a lengthy list of issues has been resolved and
he is waiting for confirmation from the City's insurance broker on two issues—
the mall wants a contractual liability endorsement added to the policy; and they
also want an additional provision that the City's policy would insure other users
of the mall, in particular,the major anchor tenants under a restrictive agreement
that they have at the mall. Rosow requested Council adopt the resolution
approving this item subject to resolution of the two issues determined to the
satisfaction of the Mayor and City Manager who will be signing the document on
behalf of the city.
Neal said he wanted to make the Council aware that what is happening here is that
the City has agreed not to stake a claim to the space traditionally identified as the
"City space" on the ground floor of Eden Prairie Center. Neal said the conclusion
was the space that will be leased works better.He said this will be very
advantageous to the City with no taxpayer dollar out-of-pocket for finishing the
space.
MOTION: Case moved, seconded by Butcher, to adopt Resolution No. 2004-58
approving the lease between the City of Eden Prairie and General Growth
Properties for space that the City will lease at the Eden Prairie Center subject to
such revisions with respect to insurance coverages, specifically contractual
liability endorsement and additional insured's endorsement as are negotiated and
agreed to by the Mayor and City Manager. Motion carried 5-0.
A. RESOLUTION NO. 2004-58 REGARDING POLICY OF NOT FENCING
STORM WATER PONDS AND WETLANDS
Dietz commented that in its history,Eden Prairie has never required the fencing of
a storm water pond. However,he said decisions to do so can be based on health,
safety and welfare issues can be established with a policy in written form. He said
it is recommended to not fence storm water ponds and wetlands.
Butcher asked Deitz for a definition of fencing. Dietz said nobody has ever
specified the type of fencing but the only practical way for parents to keep
children safe is to have parental guidance near these areas. He said it would be
impractical to fence all such areas in the community.
MOTION: Butcher moved, seconded by Mosman,to adopt the Resolution
regarding a Policy of Not Fencing Storm Water Ponds and Wetlands. Motion
carried 5-0.
B. FIRST READING OF AN ORDINANCE AMENDING CITY CODE
SECTION 9.15 AND REPEALING SECTIONS 5.45 AND 9.141 RELATING
TO PHOSPHORUS FERTILIZER RESTRICTIONS
CITY COUNCIL MINUTES
April 13,2004
•
Page 7
Dietz said in 2002, the City Council adopted Code revisions that regulated
commercial applicators of fertilizer. He said there were other restrictions about
how it was sold and who could use it as well. He said in 2003, effective January 1,
2004, the legislature adopted more general and comprehensive guidelines to
phosphorus fertilizer regulation.
Dietz said in that legislation,the City cannot do anything more than is in that
statutory provision, so this action is to repeal all reference in the City Code
regulating commercial fertilizer applicators. He said that is now being regulated
by the State. He said there are other subtle items in the legislation regarding
signage in stores and the City is simply trying to conform with State law with the
provisions.
Dietz said the point of sale informational piece will still be done for vendors of
phosphorus fertilizer,but the regulating of commercial applicators or residents
who use the fertilizer is done at the State level.
MOTION: Case moved, seconded by Mosman, to approve 1st reading of an
Ordinance repealing City Code Sections 5.45 and 9.14 amending City Code
Section 9.15 in accordance with Minnesota Statutes regarding the regulation of
phosphorus fertilizers
X. PETITIONS,REQUESTS AND COMMUNICATIONS
A. PEMBERTON LANDING
City Manager Scott Neal reported that at the March 23, 2004 meeting, the City
Council closed the public hearing and directed staff to prepare findings for denial.
Since that meeting, Minnstar Builders has met with staff to talk about how to
proceed with revised plans. He said the letter from Minnstar Builders indicates
they are considering alternative development concepts for the property and Staff
has not yet seen revised plans.
Neal said if the project is denied,the developer cannot return with a request to
change the guide plan to medium density and the zoning to RM-6.5 for a year
according to City Code. He said if the Council decides to accept the withdrawal
option, the staff would suggest this discussion occur at a public hearing. The
current neighborhood expectation in the Staffs judgment is that the project is
going to be denied.
Neal said at a subsequent public hearing,the Council could accept the withdrawal
or have the developer extend the review period and postpone the date for
consideration of findings for denial until August 13,2004. This would give the
developer time to prepare revised plans and take them through a public process.
Neal said the current 120-day review period for this project expires on May 29,
2004. He said staff recommends Council proceed with the acceptance and
approval of the rejection denial requirements drafted by the City Attorney.
CITY COUNCIL MINUTES
April 13,2004
Page 8
Neal said he and Franzen had a long telephone conversation with the developer
the afternoon of March 23, 2004 and discussed a number of issues with them
including the withdrawal of their proposal prior to that night's Council meeting.
Neal said the neighborhood believes this is a dead issue.
Young said it is clear that if the withdrawal happens, the project will not happen.
He said it is less clear to him that residents would have the level of sophistication
about the ordinance such that they would understand that findings would be
approved and that the developer would not return for a year with any proposal to
make the guide plan change.
Neal said it is hard to say what the developer would return with if Council granted
the request to withdraw. He said he believes the neighborhood has the impression
that what they saw that night will be denied by the Council.
Young said he can't imagine the developer would package the same project
hearing what he heard that night and his preference would be Option No. 2. to
accept the Letter of Withdrawal from Minnistar Builders and return the plans to
the proponent without prejudice.
Case said he does not know that all Councilmembers were in complete
concurrence on, in the future,what would justify compelling reasons for change.
He said Council turned it down,but concur with the findings for denial at
different levels of intensity. He said he is concerned that as Council goes forward,
they need to sit down every year to discuss what they are comfortable with for
new projects. He said this is the first project where it felt to him that a decision
was made on criteria from another time period. He said he would like the
opportunity, at some point,to be very clear about what precedent the Council
wants coming out of this first redevelopment issue.
Butcher said she supports staff in denying the request for a number of reasons.
She said there is no doubt what the neighborhood expectation was because of the
vote that was taken and calls she received from residents following the meeting.
She also said she does not believe the developer followed a sound, credible or
respectful process in terms of how they dealt with the neighborhood, staff and the
public hearing.
MOTION: Butcher moved, seconded by Mosman, to adopt the Findings,
Conclusions, and Order denying the request of Minnstar Builders for Pemberton
Landing.
Tyra-Lukens asked Rosow to clarify the vote for this motion. Rosow said Council
has directed staff to bring back findings of denial, and the findings must pass with
at least 3 members in favor. He said if the findings are not passed, it does not
mean the project is approved; it means we are still working under a 120-day
review process that gives until May 29, 2004 to take action. He said if no other
action is taken before May 29,then the project would be approved in the manner
CITY COUNCIL MINUTES
April 13,2004
Page 9
it was presented. Motion carried 4-1 with Councilmember Young opposed.
XI. REPORTS OF ADVISORY BOARDS & COMMISSIONS
XII. APPOINTMENTS
XIII. REPORTS OF OFFICERS
A. REPORTS OF COUNCILMEMBERS
1. City Manager Review—Mayor Tyra-Lukens
Tyra-Lukens reported on a closed session prior to tonight's meeting for the
purpose of reviewing City Manager Scott Neal's performance evaluation.
She said Mr. Harry Brull from PDI was involved in coordinating the
evaluation. She said in this meeting,Brull presented a list of characteristics
of a city manager and respondents evaluating Neal were asked to indicate
the relative importance of those characteristics to the job of city manager
and also address Neal's competency in those areas. She said overall his
performance ranked 4.71 out of 5 and he ranked highest in knowledge of the
job followed by characteristics such as the ability to speak effectively,
clearly and concisely in front of groups, and his ability to work with people
and build relationships.
Tyra-Lukens said even Neal's lowest rankings were very high numbers.
She said the evaluation looked at Neal's performance relative the median
performance of approximately 1 million managers throughout the country
and Neal ranked consistently above all of those managers. Tyra-Lukens
said the Council is thrilled with its choice of city manager and hopes to
keep Neal for as long as possible.
She said Neal has made great progress toward completion of his goals for
2003 and goals for 2004 will likely include things such as continuing
development of the strategic plan, developing coaching and development
skills, delegating more and personal development. She said Council
discussed compensation and came to agreement as to what was
appropriate.
MOTION: Case moved, seconded by Butcher,to approve the
performance payment under the City Manager's contract in the amount of
3.5% and award a conversion of a number of hours equal to 3% of Mr.
Neal's current gross salary into a vacation credit to add to his vacation
accrual. Motion carried 5-0.
CITY COUNCIL MINUTES
April 13,2004
Page 10
2. Median Opening by Dunn Brother Coffee—Sherry Butcher
Butcher asked Dietz if it would be possible to have a curb cut on the
median of County Road 4 by the Dunn Brother Coffee so that patrons of
the coffee shop do not have to pass the business and make a U-turn to get
to the coffee shop. She asked if there are any opportunities for future
modification to some project to allow this. She said she is aware it is not
the policy to do curb cuts because of the traffic on CR 4 but she is not sure
it is safer to do U-turns to get to the business.
Dietz said he believes the county does have stringent requirements
regarding median openings and that section is currently at minimums. He
said he does not know that all properties in that area are at the highest and
best use and there may come a time when some of that can be corrected.
Dietz said if Council asks,he will address it but would recommend against
trying to get another median cut at that particular location.
3. Traffic Ordinances—Jan Mosman
Mosman reported that she discussed traffic ordinances with the Police
Chief Carlson recently for two reasons. She said there will be a Walkable
Communities Workshop Forum,open to the public, on April 22,2004
from 8:30 a.m. to noon at ADC, across from St.Andrew's Lutheran
Church on Technolgy Drive. In addition, she said during her three years
on the council, she has received calls from people reporting near-misses
while walking in the city,mostly at traffic intersections.
Mosman stressed that vehicles are to be giving deference to pedestrians
and their children or animals as well as bicyclists at crosswalks. She then
read and discussed the laws pertaining to vehicles yielding to pedestrians
at crosswalks with signals and those with no signals. Mosman said Chief
Carlson said the police department will follow up on citizens' reports of
violations of these rules.
B. REPORT OF CITY MANAGER
C. REPORT OF PARKS AND RECREATION DIRECTOR
1. Round Lake Water Quality Report
Lambert reported that three years ago the city entered into a three-year
study of Round Lake to see if the product Clarify would provide water
quality improvement.He said after the first year,water clarity improved
dramatically and the second year the lake reverted to poor conditions and
remained near that for the third year.He said over the last 10 years,there
has been a continuing drop off in usage of Round Lake beach, and last
year relatively little or no use by the public.Lambert said staff is
i3
CITY COUNCIL MINUTES
April 13,2004
Page 11
recommending the city close the beach and keep it closed until the water
quality is consistently good for swimming condition.He said Round Lake
is too valuable to give up on and the city should continue to try to improve
the lake's water quality.
Lambert said the city is continuing to work with the Watershed District to
work on steps in their UAA improvements to the lake.He said the most
important thing to do is conduct a strong educational campaign to people
within that watershed district on the use of phosphate-free fertilizer.
Lambert said he wants to see if all other efforts will start making a
turnaround in the lake before going to the last-ditch plan of the alum
treatment plant in the lake.He said he met with the Watershed District
board on March 31,and they are in agreement with the city.He said plans
for Riley Lake,Mitchell Lake,Red Rock and Duck Lakes were also
discussed and the board would like to have a workshop with the Council
sometime in July or August.
Lambert further reported that he sent a letter to the Watershed District to
ask them to consider providing some funding for a couple bridges crossing
Riley Creek. He said one would be a trail crossing from Settler's Ridge to
the new Crestwood Park this year, and at Miller Spring crossing the creek
to the trail up to Prairie Bluff Conservation Area next year. He said cost
estimates will be available by the meeting date.
Lambert said at this time, staff is asking Council to authorizing closing
Round Lake and set a meeting date with the Watershed District Board.
Butcher asked if cost for the alum plant is$1 million and was the
Watershed District to help with a portion of that. Lambert said the alum
treatment plant is around$750,000 and there are about$1 million worth of
improvements total.He said operating costs for the alum plant would also
be about$20,000 to$25,000 per year.He said the district would pay for
100%of the initial installation of the plant and the city would be for the
annual operating costs thereafter.
Lambert said there are some qualms about the alum treatment because it
commits to adding chemicals to a lake forever and staff have concerns and
questions about the long term affect on the lake. He said staff would like
to address the cause of the problem before using the alum treatment.
In addition,Lambert said if the goose management problem is not
addressed,this is all for naught.He said he talked to the legislative
committee of the Minnesota Recreation and Park Association about
having them propose legislation requiring the DNR to look at goose
management as a metro-wide problem and require the DNR to be
responsible for conducting a study on what the number of geese in the
metro area should be,and to manage the geese population to that number.
1y
CITY COUNCIL MINUTES
April 13,2004
Page 12
MOTION: Mosman moved, seconded by Butcher,to authorize staff to
close Round Lake Beach until water quality conditions meet level one
requirements, or full support of swimable use. Furthermore, to authorize
staff to meet with the Riley Purgatory Bluff Creek Watershed District to
develop a.plan to meet those conditions. Motion carried 5-0.
2. Picha Property Option and Proposed Purchase Agreement
City Manager Scott Neal said City staff is recommending entering into an
option agreement with the owners of the 4.04 acre parcel of land adjacent
to the Birch Island Woods Conservation Area in order to ensure that parcel
is not sold prior to the City learning the results of a Natural and Scenic
Area Grant application, as well the results of the May 11 referendum.
He said the City has applied for a Natural and Scenic Area Grant which
would provide S0% of the cost of that parcel; however, the results of the
grant will not be determined until mid- to late-summer. The cost for the
option is $2,800 which is the cost of the taxes on the property for this year.
Lambert said it is important for the city to get an option so that if it does
get a grant, the city will be able to buy the land as planned. He said it is
also important to be provided with a copy of the purchase agreement to
know what the terms of the purchase would be if it is decided to acquire
the property.
Neal informed the council that at the request of Mr. Dwight Picha,Neal,
the mayor and Lambert met with him to answer final questions and insure
him that the council's intentions are honorable and they will follow
through with the process.Neal said if council is not able to go forward
with the terms of the option, it is understood that Pica's options are very
likely to proceed with development of the property.
MOTION: Butcher moved, seconded by Mosman,to authorize payment
of the sum of$2,800 for an option to purchase approximately 4.04 acres of
land from the Picha Partnership and Albert and Abbie Picha, as per the
Option Agreement dated April 13, 2004. Motion carried 5-0.
MOTION: Mosman moved, seconded by Case,to continue to look at
other sources of funding during this time, grant funding or any other
means of pursuing funds, toward the purchase of this property. Motion
carried 5-0.
D. REPORT OF PUBLIC WORKS DIRECTOR
E. REPORT OF POLICE CHIEF
F. REPORT OF FIRE CHIEF
15
CITY COUNCIL MINUTES
April 13,2004
Page 13
G. REPORT OF CITY ATTORNEY
XIV. OTHER BUSINESS
XV. ADJOURNMENT
MOTION: Butcher moved, seconded by Mosman,to adjourn the meeting. Motion
carried 5-0. Mayor Tyra-Lukens adjourned the meeting at 8:30 p.m.
/6
CITY COUNCIL AGENDA
DATE:
SECTION: Consent Calendar April 27, 2004
ITEM DESCRIPTION:
DEPARTMENT/DIVISION Clerk's License Application List ITEM NO.:
Police I C.O.P. Unit
A- ,
Christy Weigel 1
These licenses have been approved by the department heads responsible for the licensed activity.
Cigarette & Tobacco Products
Village Bargains, Inc
DBA: Village Gifts & Tobacco
Private Kennel
Michelle Stack—Cats &Dog
Cheryl Poling—Dogs
Temporary Liquor
Organization: Eden Prairie Lions Club
Event: Schooner Days
Date: June 4—6, 2004
Place: Round Lake Park •
Temporary Beer
Organization: Eden Prairie Lions Club
Event: Eden Prairie 4th of July
Date: July 4, 2004
Place: Round Lake Park
Organization: Eden Prairie Lions Club
Event: Corn Feed
Date: August 7, 2004
Place: Round Lake Park
CITY COUNCIL AGENDA
DATE: 04//27/04
SECTION: Consent Agenda
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Office of City Manager/Planning "(
Scott H. Neal Scenic Heights Apartments and Single Family " 4 i i , 8
Michael D. Franzen
Requested Action
Move to:
• Approve 2nd Reading of the Ordinance for Planned Unit Development District Review with
waivers on .97 acres and Zoning District Change from Rural to R1-13.5 on .35 acres and
from Rural to RM-6.5 on .62 acres; and
• Adopt the Resolution for Site Plan Review on .62 acres; and
• Approve the Development Agreement for Scenic Heights Apartments and Single
Family; and
• Approve and Authorize Issuance of a Grading Permit for Scenic Heights Apartments
and Single Family, subject to release by the City Engineer upon determination that
the final contract documents conform to plans stamp dated February 6, 2004, as
approved by the City Council.
Synopsis
This is for a subdivision to create a lot for a new single family home and a lot for the existing 6-
unit apartment building.
Attachments
1. Ordinance for PUD Zoning District Change
2. Resolution for Site Plan Review
3. Developer Agreement
1`6t
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 12-2004-PUD-9-2004
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 R1-13.5 and RM-6.5
Zoning District 12-2004-PUD-9-2004 (hereinafter"PUD-9-2004-R1-13.5 &RM-6.5").
Section 3. The land shall be subject to the terms and conditions of that certain
Development Agreement dated as of April 27, 2004, entered into between Duane and Patricia
Pidcock, and the City of Eden Prairie, (hereinafter "Development Agreement"). The
Development Agreement contains the terms and conditions of PUD-9-2004-R1-13.5 & RM-6.5,
and are hereby made a part hereof.
Section 4. The City Council hereby makes the following findings:
A. PUD-9-2004-R1-1.35 & RM-6.5 is not in conflict with the goals of the
Comprehensive Guide Plan of the City.
B. PUD-9-2004-R1-13.5 & 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-9-2004-R1-13.5 & RM-6.5 are justified by the
design of the development described therein.
D. PUD-9-2004-R1-13.5 & RM-6.5 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 R1-13.5 and RM-6.5 Zoning Districts
and shall be included hereafter in the Planned Unit Development PUD-9-2004-R1-13.5 & RM-
6.5 and the legal descriptions of land in each district referred to in City C ode Section 11.03,
subdivision 1, subparagraph B, shall be and are amended accordingly.
Section 6. City Code Chapter 1 entitled "General Provisions and Definitions
Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled
"Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated
verbatim herein.
Section 7. This Ordinance shall become effective from and after its passage and
publication.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the
23rd day of March, 2004, 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 27th day of April,
2004.
ATTEST:
Kathleen A. Porta, City Clerk Nancy Tyra-Lukens, Mayor
PUBLISHED in the Eden Prairie Sun Current on
EXHIBIT A
PUD Legal Description — Scenic Heights Apartments
Legal Description Before Final Plat
Tract A, Registered Land Survey No. 136
•
Legal Description After Final Plat
Lot 1 and 2, Block 1, Scenic Heights Apartments
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
SUMMARY OF
ORDINANCE NO. 12-2004-PUD-9-2004
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 Red Rock and Scenic
Heights Road from the Rural Zoning District to the R1-13.5 Zoning District on .35 acres and the
RM-6.5 Zoning District on .62 acres. 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.)
ag,
SCENIC HEIGHTS APARTMENTS
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2004-
A RESOLUTION GRANTING SITE PLAN APPROVAL
FOR SCENIC HEIGHTS APARTMENTS
BY DUANE AND PATRICIA PIDCOCK
WHEREAS, Duane and Patricia Pidcock, have applied for Site Plan approval of Scenic
Heights Apartments to create a subdivision for a lot for a new single family home and a lot for
the existing 5-unit apartment building, by an Ordinance approved by the City Council on April
27, 2004; and
WHEREAS, the Community Planning Board reviewed said application at a public
hearing at its February 23, 2004 meeting and recommended approval of said site plans; and
WHEREAS, the City Council has reviewed said application at a public hearing at its
March 23, 2004 meeting.
NOW,T HEREFORE, BE IT HEREBY RESOLVED B Y T HE C ITY C OUNCIL
OF THE CITY OF EDEN PRAIRIE, that site plan approval be granted to Scenic Heights
based on the developer agreement between Duane and Patricia Pidcock and the City of Eden
Prairie, reviewed and approved by the City Council on April 27, 2004.
ADOPTED by the City Council of the City of Eden Prairie this 27th day of April, 2004.
Nancy Tyra-Lukens,Mayor
ATTEST:
Kathleen A. Porta, City Clerk
a3
•
DEVELOPMENT AGREEMENT
Scenic Heights Apartments and Single Family
THIS DEVELOPMENT AGREEMENT ("Agreement") is entered into as of April 27,
2004,by Duane Pidcock, and Patricia Pidcock,husband and wife 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 Guide Plan Change from Low Density
Residential to Medium Density Residential on .62 acres, Planned Unit Development C oncept
Review on .97 acres,Planned Unit Development District Review with waivers on.62 acres,Zoning
District Change from Rural to R1-13.5 on.35 acres and from Rural to RM-6.5 on.62 acres,Site Plan
Review on.62 acres,and Preliminary Plat of.97 acres into 2 lots,legally described on Exhibit A(the
"Property");
NOW, THEREFORE, in consideration of the City adopting Resolution No. 2004-49 for
Guide Plan Change, Resolution No. 2004-50 for Planned Unit Development Concept Review,
Ordinance No.12-2004-PUD-9-2004 for Planned Unit Development District Review and Zoning
District Change from Rural to R1-13.5 and from Rural to RM-6.5 acres, Resolution No.
for Site Plan Review, and Resolution No. 2004-51 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 February 6,2004,reviewed and approved by the City Council on March 23,
2004, (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 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 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.
25
B. EROSION CONTROL PLAN: Prior to issuance of a land alteration permit,
Developer s hall s ubmit t o the City Engineer and obtain City Engineer's written
approval of an erosion control plan for the Property. The erosion control plan shall
include all boundary erosion control features,temporary stockpile locations and turf
restoration procedures: All site grading operations shall conform to the City's
Erosion Control Policy labeled Exhibit D, attached hereto and made a part hereof.
Prior to release of the grading bond,Developer shall complete implementation of the
approved plan.
Developer shall remove any sediment that accumulates in the existing and/or
proposed sedimentation pond during construction. Upon request by the City,
Developer shall provide preconstruction and post construction surveys for evaluation
by City.
6. 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.
7. PUD WAIVERS GRANTED: The city hereby grants the following waivers to City Code
requirements within the RM-6.5 Zoning District through the Planned Unit Development
District Review for the Property and incorporates said waivers as part of PUD (list PUD
number):
• Density waiver from 6.7 units per acre to 9.62
• Enclosed parking waiver from 6 enclosed spaces to zero enclosed spaces.
Developer agrees that the granted of the waivers is in exchange for maintaining the character
of the site as it exists today, for not enlarging the building, adding units, or adding
garages. Developer further agrees that any modification to the approved plan and this
agreement shall require a public hearing before the Community Planning Board and City
Council.
8. CONNECTION FEES: Prior to release of a final plat for any portion of the property
Developer agrees to pay sanitary sewer and water connection fees for one water connection
and one sanitary sewer connection for a total amount of$13,925.00 for Lots 1 and 2.
9. EXISTING DRIVEWAY: Developer agrees that the existing driveway for Lot 1 shall be
paved prior to issuance of an occupancy permit for Lot 2.
IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be
executed as of the day and year aforesaid.
D OP i CITY OF EDEN PRAIRIE
\Duane idcock ' Nancy Tyra-Lukens
Its Mayor
i i
r `,/
Patricia Pidcock Scott H.Neal
Its City Manager
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of ,2004,
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 aclrnowled ed before me this /00 day of -:-L , 2004,by
.►—,�iy,._ �c.. -Pet-t.e��.. ,husband and wife.
ofr—..--LA
,
MARY Jg1�E 0, BLUM Pu} i
.. MY HENN NOTARY PUBLIC-MINNESO A
� EPIN COUNTY Notary
La ns an w87,2005
w
II
EXHIBIT A
DEVELOPMENT AGREEMENT—Scenic Heights Apartments and Single Family
Legal Description Before Final Plat
Tract A, Registered Land Survey No. 136
Legal Description After Final Plat
Lot 1 and 2, Block 1, Scenic Heights Apartments
Exhibit B
DEVELOPMENT AGREEMENT—Scenic Heights Apartments and Single Family
Preliminary Plat dated February 6, 2004 by Hansen, Thorpe, Pellinen and Olson
a9
EXHIBIT C
DEVELOPMENT AGREEMENT—Scenic Heights Apartments and Single Family
Prior to release of any building permit, Developer shall submit to the City Engineer for
approval two copies of a development plan(I"=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 the Property
and the Owners, their successors and assigns of the Property.
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:
INSERT ANY NAME/COMPANY LISTED IN ANY OWNER'S SUPPLEMENT
TO THE DEVELOPER'S AGREEMENT)
With respect to any interest in all portions of the Property which Developer is required,
pursuant to this Agreement, to dedicate or convey to the City (the "Dedicated Property"),
Developer represents and warrants as follows now and at the time of dedication or
30
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,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.
VIIl. 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
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.
XIX. Prior to the release of the final plat the City shall record the developer agreement with
Hennepin County.
EXHIBIT D
DEVELOPMENT AGREEMENT—PROJECT NAME
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:
33
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:
SECTION: Consent April 27, 2004
ITEM DESCRIPTION: Approve Second
DEPARTMENT/DIVISION: Reading of an Ordinance Repealing City ITEM NO.:
Public Works Department Code Sections 5.45 and 9.14 and Amending
Leslie Stovring City Code Section 9.15 and Adopt Vi i .C
Resolution Approving Summary Ordinance
for Publication
Requested Action
Move to:
• Approve 2nd reading of an Ordinance repealing City Code Sections 5.45 and 9.14 and amending
City Code Section 9.15 in accordance with Minnesota Statutes regarding the regulation of
phosphorus fertilizers; and
• Adopt Resolution Approving Summary Ordinance for Publication
Synopsis
This ordinance will repeal City Code Sections 5.45 and 9.14 since they conflict with recently
amended State Statutes regarding the regulation of phosphorus-containing fertilizers. Section 9.15
will be amended to remove the requirement for providing a copy of the City's City Code Section
9.14 with all sales and to clarify the penalty provisions. This provision expired in January 2004.
Staff recommends that the City Council adopt the proposed City Code amendment.
Background Information
The first reading of the Ordinance was approved on April 13, 2004. No changes were made to the
ordinance since that time.
Attachments
Summary Resolution
Ordinance Summary
City Code Section 9.15 -Revised
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO. 2004-
A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO._-2004 AND
ORDERING THE PUBLICATION OF SAID SUMMARY
WHEREAS,Ordinance No._-2004 was adopted and ordered published at a regular meeting of the
City Council of the City of Eden Prairie held on the 27th day of April,2004;
NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF EDEN PRAIRIE,THAT THE CITY COUNCIL FINDS,DETERMINES,AND ORDERS
AS FOLLOWS:
A. Ordinance No. _-2004 is lengthy and/or contains charts.
B. The text of the summary of Ordinance No. _-2002, attached hereto as Exhibit A,
conforms to M.S. § 331A.01, Subd. 10, and is approved, and publication of the title and
summary of the Ordinance will clearly inform the public of the intent and effect of the
Ordinance.
C. The title and summary shall be published once in the Eden Prairie Sun Current in a
body type no smaller than brevier or eight-point type.
D. A printed copy of the Ordinance shall be made available for inspection by any
person, during regular office hours,at the office of the City Clerk,and a copy of the
entire text of the Ordinance shall be posted in the City offices.
E. Ordinance No._-2004sha11 be recorded in the Ordinance Book,along with proof of
publication,within twenty(20) days after said publication.
ADOPTED by the City Council on April 27,2004.
Nancy Tyra-Lukens,Mayor
ATTEST:
Kathleen Porta, City Clerk
3G
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
SUMMARY OF ORDINANCE NO. 13-2004
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AMENDING CITY
CODE CHAPTERS 5 AND 9 BY REPEALING SECTION 5.45 RELATING TO THE
LICENSING OF COMMERCIAL FERTILIZER APPLICATORS;REPEALING SECTION
9.14 REGARDING RESTRICTIONS RELATING TO THE USE OF FERTILIZER;
AMENDING SECTION 9.15 REGARDING RESTRICTIONS RELATING TO THE SALE
OF LAWN FERTILIZER; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1
AND SECTION 9.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY
PROVISONS.
The following is only a summary of Ordinance No. 13-2004. The full text is available for
public inspection by any person during regular office hours at the Office of the City Clerk.
The purpose of the Ordinance is to repeal City Code Section 5.45 relating to the licensing of
commercial fertilizer applicators and City Code Section 9.14 which includes restrictions relating to
the use of fertilizer since both Sections conflict with recently amended state statutes regarding the
regulation of phosphorous-containing fertilizers.Further,the Ordinance amends City Code Section
9.15 regarding restrictions relating to the sale of lawn fertilizer by adding a definition of "person",
removing the requirement of providing a copy of City Code Section 9.14 with all sales and to clarify
penalty provisions. The Ordinance incorporates,by reference, City Code Chapter 1 and City Code
Section 9.99,which contain definitions and provisions relating to penalties.
EFFECTIVE DATE. This Ordinance shall take affect upon publication.
ATTEST:
Kathleen Porta, City Clerk Nancy Tyra-Lukens,Mayor
PUBLISHED in the Eden Prairie Sun Current on , 2004.
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
ORDINANCE NO. 13-2004
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING
CITY CODE CHAPTERS 5 AND 9 BY REPEALING SECTION 5.45 RELATING TO
THE LICENSING OF COMMERCIAL FERTILIZER APPLICATORS; REPEALING
SECTION 9.14 REGARDING RESTRICTIONS RELATING TO THE USE OF
FERTILIZER; AMENDING SECTION 9.15 REGARDING RESTRICTIONS
RELATING TO THE SALE OF LAWN FERTILIZER; AND ADOPTING BY
REFERENCE CITY CODE CHAPTER 1 AND SECTION 9.99 WHICH, AMONG
OTHER THINGS, CONTAIN PENALTY PROVISONS.
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA, ORDAINS:
Section 1. City Code Section 5.45 is repealed.
Section 2. City Code Section 9.14 is repealed.
Section 3. City Code Section 9.15, Subd. 2A is deleted in its entirety and replaced with the
following:
A. Person: Person means an individual, firm, partnership, association or private
corporation.
Section 4. City Code Section 9.15, Subd. 3 is amended by deleting subsection 4 in its
entirety and renumbering the subsection accordingly.
Section 5. City Code Section 9.15, Subd. 4, is amended by deleting the second sentence of
the subdivision.
Section 6. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to
the Entire City Code Including Penalty for Violation" and Section 9.99 entitled
"Violation and 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 13th
day of April, 2004, and finally read and adopted and ordered published at a regular meeting of
the City Council of said City on the day of ,2004.
Kathleen Porta, City Clerk Nancy Tyra-Lukens,Mayor
PUBLISHED in the Eden Prairie Sun Current on , 2004.
ti
SECTION 9.15. RESTRICTIONS RELATING TO THE SALE OF LAWN FERTILIZER.
Subd. 1. Purpose. The purpose of this Ordinance is to establish regulations that will aid the City in
maintaining and improving lake resources within its jurisdiction, thus enhancing the enjoyment of
the lakes by City residents and other users. The provisions of Minnesota Statutes 2002, Chapter
18C, Fertilizer, Soil Amendment, and Plant Amendment Law, are hereby incorporated herein and
adopted by reference.
Subd. 2. Definitions. The definitions contained Minnesota Statutes § 103E.005, subd. 1, as
amended, are adopted by reference. For the purpose of this section, certain terms and words are
defined as follows:
A. Person: "Person"means an individual,firm,partnership,association or private corporation.
B. Fertilizer: a substance containing one or more recognized plant nutrients that is used for its
plant nutrient content and designed for use or claimed to have value in promoting plant growth.
Fertilizer does not include animal and vegetable manures that are not manipulated marl, lime,
limestone, and other products exempted by Rule by the Minnesota Commissioner of Agriculture.
Subd. 3. Effective July 31, 2002, no person, firm, corporation, franchise, or commercial
establishment shall sell any lawn fertilizer, liquid or granular, within the City of Eden Prairie that
contains any amount of phosphorus or other compound containing phosphorus, such as phosphate,
unless:
1. Phosphorus-free fertilizer is also for sale;
2. Phosphorus-free fertilizer and phosphorus-containing fertilizer are separately displayed with
each display being clearly marked as to whether or not the fertilizer contains phosphorus;
3. Displays of phosphorus-containing fertilizers shall be limited to ten percent (10%) of the
quantity of phosphorus-free fertilizer on display at any time;
4. Fertilizer displays shall include signage providing information on phosphorus. All signage
must be pre-approved or provided by the City on request.
Subd. 4. Penalty. Any person violating this section shall be guilty of a petty misdemeanor.
3cj
CITY COUNCIL AGENDA DATE:
April 27, 2004
SECTION: Consent Calendar
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Engineering Final Plat Approval of Traxler Addition VI I '
Randy Slick
Requested Action
Move to: Adopt the resolution approving the final plat of Traxler Addition
Synopsis
This proposal is located at 9340 Hennepin Town Road. The plat consists of .43 acres to be
platted into one lot. The existing home will be removed and a one-story office building is
proposed.
Background Information
The preliminary plat was approved by the City Council December 2, 2004. Second Reading of
the Rezoning Ordinance and final approval of the Developer's Agreement was completed on
January 20, 2004.
Approval of the final plat is subject to the following conditions:
• Receipt of engineering fee in the amount of$310.00
• Execution of Special Assessment Agreement for trunk utility improvements and
Connection Fees.
• 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
yO
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO.
A RESOLUTION APPROVING FINAL PLAT OF
TREXLER ADDITION
WHEREAS, the plat of Traxler 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 Traxler Addition is approved upon compliance with the
recommendation of the City Engineer's report on this plat dated April 27, 2004.
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 April 27, 2004.
Nancy Tyra-Lukens, Mayor
ATTEST: SEAL
Kathleen A. Porta, City Clerk
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CITY COUNCIL AGENDA DATE:
April 27,2004
SECTION: Consent Calendar
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Engineering Final Plat Approval of Eagle Ridge at Hennepin Randy Slick Village Three UT_ E .
Requested Action
Move to: Adopt the resolution approving the final plat of Eagle Ridge at Hennepin
Village Three.
Synopsis
This proposal is located north of TH 212 between Spring Road and Flying Cloud Airport. The
plat consists of 41.5 acres to be divided into ten lots and two outlots. Outlot B will be
developed/platted at a later date. This is a replat of Outlot K, Eagle Ridge at Hennepin Village
One, Outlot A, Eagle Ridge at Hennepin Village Two and Tracts A and B, Registered Land
Survey No. 1737.
Background Information
The preliminary plat was approved by the City Council March 18, 2003. Second Reading of the
Rezoning Ordinance and final approval of the Developer's Agreement was completed on May
20,2003.
Approval of the final plat is subject to the following conditions:
• Receipt of engineering fee in the amount of$490.00
• Satisfaction of bonding requirements for the installation of public improvements
• The requirements as set forth in the Developer's Agreement
• Revision to plat to include the side yard drainage and utility easements between Lots
4 and 5 and Lots 6 and 7 be revised to 10 feet each for a total width of 20 feet.
Attachments
Drawing of final plat
L13
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO.
A RESOLUTION APPROVING FINAL PLAT OF
EAGLE RIDGE AT HENNEPIN VILLAGE THREE
WHEREAS, the plat of Eagle Ridge at Hennepin Village Three 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 Three is approved upon
compliance with the recommendation of the City Engineer's report on this plat dated
April 27,2004.
B. Variance is herein granted from City Code 12.20 Subd. 2.A. waiving the six-month
maximum time lapse between the approval date of the preliminary plat and filing of the
final plat as described in said engineer's report.
C. That the City Clerk is hereby directed to supply a certified copy of this resolution to the
owners and subdivision of the above named plat.
D. 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 April 27, 2004.
Nancy Tyra-Lukens,Mayor
ATTEST: SEAL
Kathleen A.Porta, City Clerk
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CITY COUNCIL AGENDA DATE:
April 27,2004
SECTION: Consent Calendar
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Engineering Final Plat Approval of Lorence Third Addition
Randy Slick '
Requested Action
Move to: Adopt the resolution approving the final plat of Lorence Third Addition
Synopsis
This proposal is located at the southeast corner of Valley View Road and Hames Way. The plat
consists of.93 acres to be divided into two single family lots, right-of-way dedication for street
purposes and one outlot. As part of this approval, a small land swap of 2,143 square feet is
proposed to take place with the City, allowing access to Lot 2 from Hames Way. Outlot A,
which is contiguous to Round Lake Park,will be dedicated to the City.
Background Information
The preliminary plat was approved by the City Council April 15, 2003. Second Reading of the
Rezoning Ordinance and final approval completed on May 20,2003.
The resolution includes a variance to City Code 12.20 Subd.2.A waiving the requirement for
final plat approval within six months of preliminary plat approval.
Approval of the final plat is subject to the following conditions:
• Receipt of engineering fee in the amount of$310.00
• Prior to release of the final plat, Developer shall provide to the City a current title
insurance policy for the parcel Developer deeds to the City and trail easement.
• Prior to release of final plat, Developer agrees to prepare warranty deed and legal
description for land exchange.
• Revision to plat to include the correct dates/year.
• Satisfaction of bonding requirements for the restoration of Hames Way due to the
utility connections.
• Prior to release of final plat, developer shall submit a 10-foot trail easement along
Valley View Road
Attachments
Drawing of final plat
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO.
A RESOLUTION APPROVING FINAL PLAT OF
LORENCE THIRD ADDITION
WHEREAS, the plat of Lorence Third 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 there under, 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 Lorence Third Addition is approved upon compliance with
the recommendation of the City Engineer's report on this plat dated April 27, 2004.
B. Variance is herein granted from City Code 12.20 Subd. 2.A. waiving the six-month
maximum time lapse between the approval date of the preliminary plat and filing of
the final plat as described in said engineer's report.
C. That the City Clerk is hereby directed to supply a certified copy of this resolution to
the owners and subdivision of the above named plat.
D. 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 April 27, 2004.
Nancy Tyra-Lukens,Mayor
ATTEST: SEAL
Kathleen Porta, City Clerk
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CITY COUNCIL AGENDA DATE:
April 27,2004
SECTION: Consent Calendar
DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 98-5474 ITEM NO.:
Engineering Approve Change Order No. 1 for Crestwood V ��
Mary Krause Terrace Street and Utility Improvements
•
Requested Action
Move to: Approve Change Order No. 1 for Crestwood Terrace Street and Utility
Improvements project in the amount of$5,918.26.
Synopsis
This change order is a result of additional grading work for the pond area in the adjacent
Crestwood Park.
Background Information
This project extended existing sanitary sewer and water into the Crestwood Terrace
neighborhood from Stable Path across the north end of Crestwood Park. Both this project and
the Crestwood Park project were under construction at the same time. The sanitary sewer across
the park is approximately 30-35 feet deep. The pond for the park is located in the northwest
corner of the park property. The Contractor for the Crestwood Terrace project utilized the pond
area for staging during the sanitary sewer installation in this area. The pond was restored,
however, during the following winter and spring, erosion and "sloughing" of the side slopes
occurred. Additional grading was needed to repair the pond. Because the park was discharging
storm water into the pond during this time and contributed to the erosion, additional charges
were incurred to this project contract.
Attachments
Change Order No. 1
y9
•
Change Order
No. 1
Date of Issuance: March 1,2004 Effective Date: March 1,2004
Project: Owner. Owner's Contract No.:
Crestwood Terrace City of Eden Prairie I.C.No.98-5474
Contract: Date of Contract:
Street and Utility Improvements June 18,2002
Contractor. Engineer's Project No.:
S.J.Louis Construction Inc. A-EDENP9906.03
The Contract Documents are modified as follows upon execution of this Change Order:
Description:
Crestwood Park detention pond restoration per SEH letter dated June 26,2003.Owners requirement that the detention pond be restored to its
preconstruction condition.
Attachments(list documents supporting change):
1.S.J.Louis Construction,Inc.letter to SEH dated September 8,2003. 2.SEH e-mail from Paul Pasko dated September 9,2003 to contractor
authorizing contractor to proceed with the pond restoration work as described in contractors'letter dated September 8,2003.3.S.J.Louis Construction,
Inc.letter to SEH dated November 4,2003 which itemizes items(riprap,black dirt and Class 5 aggregate)to be paid at unit prices plus Contractors
Supplemental Payment Request in the amount of$5,918.26 for detention pond restoration.
CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES:
Original Contract Price: Original Contract Times: ❑ Working days ® Calendar days
Substantial completion(days or date):
$1.170,296.40 Ready for final payment(days or date):
[Increase][Decrease]from previously approved Change [Increase][Decrease] from previously approved Change Orders
Orders No. to No. No. to No.
Substantial completion(days):
$ Ready for final payment(days):
Contract Price prior to this Change Order: Contract Times prior to this Change Order:
Substantial completion(days or date):
$1,170.296.40 Ready for final payment(days or date):
Increase of this Change Order: [Increase][Decrease]of this Change Order:
Substantial completion(days or date):
$5.918.26 Ready for final payment(days or date):
Contract Price incorporating this Change Order: Contract Times with all approved Change Orders:
Substantial completion(days or date):
$1.176 214.66 Ready for final payment(days or date):
RECO EN ED: ACCEPTED: ACCE r � S l�G
•
By: By: By: Zuf
l��
eer(Authorized Signature) Owner(Authorized Signature) Contractor(Authorized Signature)
Date: 3 e/(t7 4 Date: Date: � '011
Approved by Funding Agency(it-applicable): Date:
EJCDC No.C-941(2002 Edition) Page 1 of 1
Prepared by the Engineers'Joint Contract Documents Committee and endorsed by the
Associated General Contractors of America and the Construction Specifications Institute. 50
CITY COUNCIL AGENDA DATE:
April 27,2004
SECTION: Consent Calendar
DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 96-5405 ITEM NO.:
Engineering Approve Construction Cooperative Agreement with
Rodney W.Rue Hennepin County for Intersection Improvements at
CSAH 4(Eden Prairie Road)and Valley View Road
Requested Action
Move to: Adopt resolution approving Construction Cooperative Agreement No. PW01-49-04
with Hennepin County for Intersection Improvements at CSAH 4 (Eden Prairie
Road)and Valley View Road
Synopsis
This agreement outlines the financial, maintenance and project responsibilities for the
intersection improvements. This project is a cooperative effort between Hennepin County and
the City of Eden Prairie. The City has completed the project design and scheduled a bid date for
April 22, 2004. Hennepin County is working on acquiring all necessary right-of-way and is
responsible for the construction administration. The construction cost for this project is
estimated at$2,139,552. As defined in the agreement, each agency will be reimbursing the other
for their respective shares of the design and construction engineering services. In addition, the
City will be reimbursing the County for 50% of the county-supplied signal equipment and right-
of-way. Our resultant share is estimated to be $1,364,249, plus the non-reimbursed share of the
City's design engineering costs estimated at $116,000. This project will be financed almost
entirely with State Aid funds.
Background Information
This project involves the reconstruction of three legs of this intersection. The north leg of this
intersection was reconstructed during the first phase of the project. The improvements will
include upgrading all three legs of the construction project to four-lane divided roadways with
left and right turn lanes on all approaches. Double left turn lanes will be provided on both
CSAH 4 approaches.
Attachments
Construction Cooperative Agreement PW 01-49-04
51
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO.
APPROVE CONSTRUCTION COOPERATIVE AGREEMENT
WITH HENNEPIN COUNTY FOR THE CSAH 4 (EDEN PRAIRIE ROAD)/
VALLEY VIEW ROAD INTERSECTION IMPROVEMENT PROJECT
I.C. 96-5405
WHEREAS, the City of Eden Prairie has prepared and approved plans and specifications for the
improvement of the CSAH 4 (Eden Prairie Road)/Valley View Road intersection improvements;
and
WHEREAS, Hennepin County has prepared a Construction Cooperative Agreement that
identifies the financial, maintenance and project responsibilities for Hennepin County and the
City of Eden Prairie for this project.
NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council that Hennepin
County Construction Cooperative Agreement No. PW 01-49-04 for City Project No. 96-5405 is
hereby approved, and the Mayor and City Manager are hereby authorized to execute said
agreement on behalf of the City of Eden Prairie.
ADOPTED by the Eden Prairie City Council on April 27, 2004.
Nancy Tyra-Lukens,Mayor
ATTEST: SEAL
Kathleen A. Porta, City Clerk
5)
!
Agreement No.PW 01-49-04
County Project No. 9726
County State Aid Highway No. 4
City of Eden Prairie
County of Hennepin
CONSTRUCTION COOPERATIVE AGREEMENT
THIS AGREEMENT,Made and entered into this day of
,2004 by and between the County of Hennepin, a body politic and
corporate under the laws of the State of Minnesota,hereinafter referred to as the "County", and the
City of Eden Prairie, a body politic and corporate under the laws of the State of Minnesota,
hereinafter referred to as the "City".
WITNESSETH:
WHEREAS,the County and the City have been negotiating to bring about the improvement of
that portion of County State Aid Highway No. (CSAH) 4(a.k.a. Eden Prairie Road)from Westgate
Drive to Valley View Road and that portion of Valley View Road from Franklin Circle to Community
Center Plaza, all as shown on the County Engineer's plans for County Project No. 9726 (City Project
. No. 96-5405),hereinafter referred to as the "Project",which improvement contemplates and includes
aggregate base,bituminous base,bituminous surface, concrete curb and gutter,bituminous walk, storm
sewer,traffic signal, and other related improvements; and
WHEREAS,the above described Project lies within the corporate limits of the City; and
WHEREAS,the City shall be responsible to develop the plans and specifications for the Project
and has hired the consultant firm of SRF Consulting Group to prepare said plans and specifications;
and
WHEREAS,the City has requested that the County approve said plans and specifications; and
WHEREAS,the County has indicated its willingness to approve said plans and specifications;
and
WHEREAS,the City has prepared an Engineer's Estimate of quantities and unit prices for the
construction contract work of the above described Project in the amount of Two Million One Hundred
Thirty Nine Thousand Five Hundred Fifty Two Dollars and Forty Cents ($2,139,552.40). A copy of
said estimate is included in Exhibit "A" which is attached hereto and by this reference made a part
hereof; and
WHEREAS,the construction costs for said Project shall be comprised of municipal and county
state aid funds, and local funds; and
�V L
53
Agreement No. PW 01-49-04
CSAH 4, C.P. 9726
WHEREAS, the County has adequate personnel available to perform the construction staking,
testing, inspection and development of as-builds required on the Project; and
WHEREAS,to ensure compatibility with the County's existing network of traffic signal systems
the County will furnish the controller, control equipment and control cabinet to be installed at the
intersection of CSAH 4 and Valley View Road as a part of said Project; and
WHEREAS, it is contemplated that said work be carried out by the parties hereto under the
provisions of Minnesota Statutes 1992, Section 162.17, Subdivision 1 and Section 471.59.
NOW THEREFORE,IT IS HEREBY AGREED:
I
The City or its agents, at its sole cost and expense, shall prepare the necessary plans,
specifications and proposals; shall advertise for bids for the work and construction; receive and open
bids pursuant to said advertisement and enter into a contract with the successful bidder at the unit
prices specified in the bid of such bidder. The contract will include plans and specifications approved
by the County and by the Minnesota Department of Transportation Division of State Aid for Local
Transportation, also referenced and identified as S.A.P. Nos. 27-604-14, 181-020-25 and 181-109-05
respectively, and which said plans and specifications are by this reference made a part hereof.
The City shall also apply for, and comply with, at its sole cost and expense, all permits and
approvals from all other governmental or regulator agencies as may be required to accomplish the
Project. Said permits and approvals shall be obtained prior to start of any construction. Copies of said
permits shall be given to the County Engineer or designated representative prior to the start of
construction activities.
II
The County, at its sole cost and expense, will inspect the construction,perform the necessary
material testing, perform the necessary construction staking and document the contract work
contemplated herewith, under the direction of the County's Project Engineer, in accordance with the
existing practices and procedures required by the Minnesota Department of Transportation Division of
State Aid for Local Transportation for said Project. The City Engineer and staff shall cooperate with
the County's Project Engineer and staff to the extent necessary and shall have the right to enter upon
the Project at any time to make any inspections deemed necessary.
The County will prepare weekly progress reports as provided in the specifications. A copy of
these reports will be furnished to the City upon request.
The City agrees that the County may make changes in the plans or in the character of said
contract construction which are reasonably necessary to cause said construction to be in all things
\VL
31
•
Agreement No. PW 01-49-04
CSAH 4, C.P. 9726
performed and completed in a satisfactory manner. It is agreed however, that the above stated authority
does not authorize the County's Project Engineer to process change orders or supplemental agreements
to the construction contracts. In the event changes to the construction documents are necessary which
require a change order or supplemental agreement, the County's Project Engineer will prepare the
change order or supplemental agreement. It shall be the responsibility of the City Engineer to process
the actual change order or supplemental agreement document. All change orders and supplemental
agreements shall be authorized by the City Engineer prior to incorporating the changes into the Project.
Change orders and supplemental agreements affecting those portions of the Project funded by the
County as well as the City must be authorized by both the County's Project Engineer and the City
Engineer prior to incorporating the change into the Project.
III
All direct payments to the Contractor for work performed on said Project will be made by the
City. The County's Project Engineer or designated representative shall cooperate with the City or its
agents in the processing of contract payments. The County shall provide all necessary estimated
quantities of completed contract work and will prepare the estimates necessary to permit the City to
make partial and final payments in accordance with the contract specifications.
Iv
The County shall participate in the costs of the contracted construction work for said Project as
set forth in said Exhibit "A". The respective proportionate shares of the pro-rata pay items included in .
Exhibit "A" shall remain unchanged throughout the life of this Agreement. It is understood that the
estimated amount on Page 1 of this Agreement and as shown in Exhibit "A" is an estimate of the costs
for the contracted construction work on said Project and that the unit prices set forth in the contract
with the successful bidder and the final quantities as measured by the County's Project Engineer or
designated representatives and provided to the City Engineer, shall govern in computing the total final
contract construction cost for apportioning the cost of said Project according to the provisions herein.
In addition to the aforesaid County's proportionate share of the contracted construction costs for
the Project, the County agrees to pay to the City ten(10)percent of the County's share of the
contracted construction costs as its share of the engineering design costs for said Project, as set forth in
Exhibit"A". It is understood that said County's proportionate share shown in Exhibit"A" is an
estimate and that the actual County's proportionate share of the engineering design costs will be
computed using the total final amount of the County's share of the contract construction costs for said
Project.
/ 55 ;
Agreement No.PW 01-49-04
CSAH 4, C.P. 9726
V
The City agrees to reimburse the County for the City's proportionate share of the construction
engineering costs for said Project. Said City's share of construction engineering costs shall be equal to
eight(8) percent of the total final amount of the City's share of contract construction costs for the
Project. The amount of said City's share in the construction engineering costs is estimated in Exhibit
"A". It is understood that said City's proportionate share shown in Exhibit"A" is an estimate and that
the actual City's proportionate share of the construction engineering costs will be computed using the
total final Rmomit of the City's share of the contract construction costs for said Project.
VI
After an award by the City to the successful bidder on the Project,the City shall invoice the
County for ninety five (95)percent of the estimated County share of the contract construction and
design engineering costs for the Project. Payment shall be made to the City by the County for the full
amount due as stated on the invoice within forty five (45) days of the invoice date. Said estimated
share and invoice shall be based on actual contract unit prices applied to the estimated quantities shown
in the plans, and shall be subject to the limitation set forth herein.
The remainder of County's share in the design engineering and contract construction costs will be
due the City upon the completion of the Project and submittal of the City Engineer's final estimate for
the Project to the County.
Upon final payment to the Contractor by the City, any amount remaining as a balance in the
deposit account will be returned to the County on a proportionate basis based on the County's initial
deposit amount and respective final proportionate shares of the Project costs. Likewise, any amount
due the City from the County upon final payment by the City shall be paid by the County as its final
payment for the construction costs of said Project within forty five (45) days of receipt of an invoice
from the City.
Similarly, after an award by the City to the successful bidder on the Project,the County shall
invoice the City for ninety five (95)percent of the estimated City share of the construction engineering
costs for the Project. Payment shall be made to the County by the City for the full amount due as stated
on the invoice within forty five (45) days of the invoice date. Said estimated share and invoice shall be
based on actual contract unit prices applied to the estimated quantities shown in the plans, and shall be
subject to the limitation set forth herein.
The remainder of City's share in the construction engineering costs will be due the County upon
the completion of the Project and submittal of the City Engineer's final estimate for the Project to the
County.
5
•
Agreement No. PW 01-49-04
CSAH 4, C.P. 9726
VII
The County or its agents shall acquire all additional right of way,permits and/or easements
required for the construction of said Project. It is understood by the parties hereto that the City, at its
sole cost and expense, has previously acquired right of way and/or easements for said Project.
The City shall reimburse the County for fifty (50) percent of the final cost of all additional right
of way,permits and/or easements required for the construction of said Project, plus all costs incurred
by the County in acquiring said right of way, permits and/or easements.
It is understood and agreed that for those parcels which are acquired in total, the County will use
its best efforts to sell at the most favorable price those portions of said parcels which are not required
for the Project. The proceeds from such sales shall be shared equally by the County and the City.
The acquisition costs incurred by the County as described herein shall include,but are not
limited to the following:
• monies paid to property owners, or on behalf of property owners, as part of negotiated settlements
• costs incurred with obtaining property through, and compliance with, Minnesota Statute Chapter
117 (eminent domain), including all damages and awards resulting therefrom •
• relocation expenses, including the costs of consultants used therefor
• appraisals and appraisal services
• title opinions and updates
• document searches (judgment, name title, etc)
• closing, conveyance and recordation fees and taxes
• costs to maintain,provide security for, or remove and dispose of vacant property, and any
improvements thereon
• costs incurred for the relocation, reconstruction, adjustment, and/or removal of existing private or
public utility conduits or other structures located in or upon lands acquired and within present right
of way when existing valid easements and/or permits provide for reimbursement to the utility
owner for the relocation, reconstruction, adjustment, and/or removal of the existing utility facilities
(or when a court of competent jurisdiction determines that the City or County is obliged to pay such
amounts)
Specifically excluded from the above listing are any costs incurred by the County for their respective
personnel costs, attorneys' fees, and the costs of any consultants employed by them for the sole purpose of
negotiating acquisitions directly with property owners. All such costs for personnel, attorneys, and
consultants shall be the sole responsibility of the acquiring party.
Damages, as used in this section,pertains to acquisition costs allowed by Minnesota Statutes
Chapter 117 and does not abrogate the meaning of the language set forth elsewhere in this Agreement.
W L
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Agreement No.PW 01-49-04
CSAH 4, C.P. 9726
For informational purposes only,the total right of way expenses described herein are estimated
to be $560,000.00 of which the City's share is estimated to be$280,000.00.
Upon completion of the Project,the City agrees to grant right of way to the County over those
lands owned by the City that are a part of the required right of way for construction of the
improvements proposed herein for CSAH 4. Also, upon completion of the Project,the County agrees
to grant right of way to the City over those lands owned by the County that are a part of the required
right of way for construction of the improvements proposed herein for Valley View Road.
VIII
The County will supply the traffic signal cabinets, controllers and control equipment,including
the emergency vehicle preemption(EVP) cards, (County Supplied Equipment)for the permanent
traffic control signal system installed as a part of said Project. The City agrees to reimburse the County
for its respective proportionate share of the costs of the County Supplied Equipment. Said
proportionate share of the County Supplied Equipment shall be equal to the City's proportionate share
of the contract signal work. An estimate of the City's share of County Supplied Equipment is
incorporated into Exhibit "A". It is further agreed that said estimate of the costs of County Supplied
Equipment is an estimate and that the actual costs of equipment as determined by the County Engineer
shall govern in computing the total final apportionment of cost participation by the City in the County
Supplied Equipment.
The County will invoice the City separately for said County Supplied Equipment. Payment shall
be made to the County by City for the full amount due on said invoice within forty five (45) days of the
invoice date.
IX
All payments to the City must be postmarked by the date due or a late penalty of one (1)percent
per month, or fraction thereof, on the unpaid balance will be charged to the County. The County shall
pay the amount due as stated on the statement,notwithstanding any dispute of such amount. Should a
disputed amount be resolved in favor of the County,the City shall reimburse the disputed amount plus
daily interest thereon calculated from the date such disputed amount was received by the City. Daily
interest shall be at the rate of one (1%)percent per month on the disputed amount.
All payments to the County must be postmarked by the date due or a late penalty of one (1)
percent per month, or fraction thereof, on the unpaid balance will be charged to the City. The City
shall pay the amount due as stated on the statement,notwithstanding any dispute of such amount.
Should a disputed amount be resolved in favor of the City,the County shall reimburse the disputed
amount plus daily interest thereon calculated from the date such disputed amount was received by the
County. Daily interest shall be at the rate of one (1%)percent per month on the disputed amount.
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Agreement No.PW 01-49-04
CSAH 4, C.P. 9726
X
It is hereby understood and agreed by the parties hereto that the County will be funding its share
of the costs for the Project with County State Aid monies. It is further understood and agreed that the
County reserves the right not to make payment to the City for its share of the costs if any action or
inaction of the City causes Mn/DOT's State Aid Engineer to determine that the County's costs are not
eligible for State Aid funding.
XI
Prior to beginning construction,the City or its agents shall furnish the County with the field
survey information, soils reports and the quantities calculations used to develop the Engineer's
Estimate. The City or its agents shall also furnish the County with the construction staking information
in the electronic format requested by the County. The City shall also furnish the County with ten(10)
complete sets of approved plans on 11" by 17" paper and six (6) complete sets of approved plans on
22" by 34" paper and ten(10) complete sets of specifications. Said information, plan sets and
specifications shall be furnished for the Project at no cost to the County.
XII
All records kept by the City and the County with respect to the Project shall be subject to
examination by the representatives of each party hereto.
XIII
The County reserves the right not to issue any permits for a period of five (5)years after
completion of the Project for any service cuts in the roadway surfacing of the County Highways
included in said Project for any installation of underground utilities which would be considered as new
work; service cuts shall be allowed for the maintenance and repair of any existing underground
utilities.
XIV
It is agreed that the City shall, at its own expense, remove and replace all City owned signs that
are within the construction limits of said Project. Removal and replacement operations shall be
coordinated with the construction activities through the County's Project Engineer.
1/\J
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Agreement No. PW 01-49-04
CSAH 4, C.P. 9726
XV
As part of said Project, "No-Parking" signs shall be installed as represented in the plans and the
City, at its expense, shall provide the enforcement for the prohibition of on-street parking on those
portions of CSAH. 4 and Valley View Road constructed under this Project recognizing the concurrent
jurisdiction of the Sheriff of Hennepin County.
Any modification of the above parking restrictions shall not be made without first obtaining a
resolution from the Hennepin County Board of Commissioners permitting said modification.
XVI
The City agrees that any municipal license required to perform electrical work within the City
shall be issued to the Contractor at no cost to the Contractor or the County. Electrical inspection fees
shall not be more than those established by the State Board of Electricity in the most recently recorded
Electrical Inspection Fee Schedule.
• XVII
The City shall install, cause the installation of, or perpetuate the existence of an adequate three
wire, 120/240 volt, single phase, alternating current electrical power connection to the traffic control
signals and integral street lights included in the Project at the sole cost and expense of the City. Further,
the City shall provide the electrical energy for the operation of the said traffic control signals and integral
streetlights at its sole cost and expense.
XVIII
The City shall not revise by addition or deletion,nor alter or adjust any component,part,
sequence, or timing of the aforesaid traffic control signals,however, nothing herein shall prohibit
prompt,prudent action by properly constituted authorities in situations where a part of such traffic
control signals may be directly involved in an emergency.
XIX
Upon completion of this Project, the County shall thereafter maintain and repair the permanent
traffic control signal system installed as a part of said Project, all at the sole cost and expense of the
County. Said maintenance shall include all EVP components. Further, the County, at its expense, shall
maintain 110 volt power to the line side of the fuse in the base of the signal poles for the integral street
•
/- o WL
•
Agreement No.PW 01-49-04
CSAH 4, C.P. 9726
lights. The City, at its expense, shall maintain the fuse, the luminaire and the wire to the load side of
the fuse in the base of the signal poles.
The EVP Systems provided for herein shall be installed, operated, maintained or removed in
accordance with the following conditions and requirements:
1. Emitter units may be installed and used only on vehicles responding to an emergency as defined
in Minnesota Statutes Chapter 169.01, Subdivision 5 and 169.03. The City will provide the
County Engineer or his designated representative a list of all such vehicles with emitter units.
2. Malfunctions of EVP Systems shall be reported to the County immediately.
3. In the event said EVP Systems or components are, in the opinion of the County,being misused
or the conditions set forth herein are violated, and such misuse or violation continues after
receipt by the City of written notice thereof from the County,the County shall remove the EVP
Systems. Upon removal of the EVP Systems pursuant to this paragraph, the field wiring, cabinet
wiring, detector receivers, infrared detector heads, indicator lamps and all other components
shall become the property of the County.
4. All timing of said EVP Systems shall be determined by the County.
•
Each party agrees that it will be responsible for its own acts and the results thereof, to the extent
authorized by the law, and shall not be responsible for the acts of the other party and the results thereof.
The County's and the City's liability is governed by the provisions of Minnesota Statutes, Chapter 466.
The County and the City each warrant that they are able to comply with the aforementioned
indemnity requirements through an insurance or self-insurance program.
•
XXI
It is understood and agreed that upon completion of any and all improvements proposed herein,
all street lighting,water distribution system components, sanitary sewer systems, concrete sidewalk,
bituminous walks, concrete driveway, landscaping and associated landscaping structures, and all
municipal street construction included in said improvement shall be the property of the City and all
maintenance, restoration, repair, replacement or other work or services required thereafter shall be
performed by the City at no expense to the County.
Upon completion of the Project the County shall, at its own cost and expense,retain ownership
and maintenance responsibilities for those portions of the roadway storm sewer drainage system
_1 \n/L
Agreement No. PW 01-49-04
CSAH 4, C.P. 9726
functioning as catch basins and associated lead pipes that are within or between the outermost curb lines
'of the County roadways as well as those within the radius return limits of intersecting municipal streets.
All other components of the roadway storm sewer drainage system, constructed as a part of this Project
but not limited to all trunk lines, drainage structures and drainage ponds shall become the property of the
City and shall be maintained by the City.
All questions of maintenance responsibilities that may arise shall be jointly resolved by the City's
Director of Public Works and the County's Operations Division Engineer.
It is hereby understood that the County requires an operational clear zone behind the face of curb
for storage of snow removed from County roadways. The City hereby agrees that the City shall be
responsible for the removal of any snow that may be placed on the sidewalks and/or pedestrian/bicycle
paths within the operational clear zone, as a result of the County's snow removal operations on CSAH
4 within the limits of said Project. This paragraph is not intended to confer a benefit upon any third
party and the City's decision to remove snow from the sidewalk and/or paths shall be made by the City
in its sole discretion pursuant to its policy on removal of snow and ice from its sidewalks and/or
pedestrian/bicycle paths and trails.
XXII
The City agrees to defend, indemnify and hold harmless the County, its officials, officers,.agents,
volunteers and employees, from any liabilities, claims, causes of action,judgments, damages, losses,
costs or expenses, including,reasonable attorneys' fees, resulting directly or indirectly from any act or
omission of the City, its contractors, anyone directly or indirectly employed by them, and/or anyone for
whose acts and/or omissions they may be liable for related to the ownership, maintenance, existence,
restoration,repair or replacement of the afore defined City owned improvements constructed as part of
said Road Project. The City's liability shall be governed by the provisions of Minnesota Statutes,
Chapter 466 or other applicable law.
The County agrees to defend, indemnify, and hold harmless the City, its officials, officers,
agents, volunteers, and employees from any liability, claims, causes of action,judgments, damages,
losses, costs, or expenses, including reasonable attorneys' fees,resulting directly or indirectly from any
act or omission of the County, its contractors, anyone directly or indirectly employed by them, and/or
anyone for whose acts and/or omissions they may be liable related to the ownership, maintenance,
existence, restoration, repair or replacement of the afore defined County owned improvements
constructed as part of said Road Project. The County's liability shall be governed by the provisions of
Minnesota Statutes, Chapter 466 or other applicable law.
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Agreement No. PW 01-49-04
CSAH 4, C.P. 9726
XXIII •
The City also agrees that any contract let by the City or its agents for the performance of the
work on County State Aid Highway No. 4 as provided herein shall include clauses that will: 1)
Require the Contractor to defend, indemnify, and hold the County, its officials, officers, agents and
employees harmless from any liability, causes of action,judgments, damages, losses, costs or expenses
including, without limitation, reasonable attorneys' fees, arising out of or by reason of the acts and/or
omissions of the said Contractor, its officers, employees, agents or subcontractors; 2)Require the
Contractor to be an independent contractor for the purposes of completing the work provided for in this
Agreement; and 3) Require the Contractor to provide and maintain insurance in accordance with the
following:
1. Commercial General Liability on an occurrence basis with
Contractual Liability and Explosion, Collapse and Underground
Property Damage (XCU) Liability coverages:
Limits
General Aggregate $1,000,000
Products--Completed Operations Aggregate $1,000,000
Personal and Advertising Injury $1,000,000
Each Occurrence - Combined Bodily Injury and
Property Damage $1,000,000
Hennepin County shall be named as an additional insured for the Commercial General
Liability coverage with respect to operations covered under this Agreement.
2. Automobile Liability:
Combined Single limit each occurrence coverage or the
equivalent covering owned, non-owned, and hired
automobiles: $1,000,000
3. Workers' Compensation and Employer's Liability:
A. Workers' Compensation Statutory
If the Contractor is based outside the State of Minnesota,
coverages must apply to Minnesota laws.
B. Employer's Liability -Bodily injury by:
Accident-Each Accident $100,000
Disease -Policy Limit $500,000
Disease -Each Employee $100,000
63
Agreement No.PW 01-49-04
CSAH 4, C.P. 9726
An umbrella or excess policy over primary liability coverages is an acceptable method to provide
the required insurance limits.
The above subparagraphs establish minimum insurance requirements. It is the sole responsibility
of the City's Contractor to determine the need for and to procure additional insurance which may be
needed in connection with said Project.
All insurance policies shall be open to inspection by the County and copies of policies shall be
submitted to the County upon written request.
•
XXIV.
It is further agreed that any and all employees of the City and all other persons engaged by the
City in the performance of any work or services required or provided for herein to be performed by the
City shall not be considered employees of the County, and that any and all claims that may or might
arise under the Minnesota Economic Security Law or the Workers' Compensation Act of the State of
Minnesota on behalf of said employees while so engaged and any and all claims made by any third
parties as a consequence of any act or omission on the part of said employees while so engaged on any
of the work or services provided to be rendered herein shall in no way be the obligation or
responsibility of the County.
Also, any and all employees of the County and all other persons engaged by the County in the •
performance of any work or services required or provided for herein to be performed by the County
shall not be considered employees of the City, and that any and all claims that may or might arise under
the Minnesota Economic Security Law or the Workers' Compensation Act of the State of Minnesota on
behalf of said employees while so engaged and any and all claims made by any third parties as a
consequence of any act or omission on the part of said employees while so engaged on any of the work
or services provided to be rendered herein shall in no way be the obligation or responsibility of the
City.
XXV
In order to coordinate the services of the County with the activities of the City so as to
accomplish the purposes of this Agreement,the Hennepin County Engineer or designated
representative shall manage this Agreement on behalf of the County and serve as liaison between the
County and the City.
In order to coordinate the services of the City with the activities of the County so as to
accomplish the purposes of this Agreement,the City Engineer or designated representative shall
manage this Agreement on behalf of the City and serve as liaison between the City and the County.
Agreement No. PW 01-49-04
CSAH 4, C.P. 9726
XXVI
It is understood and agreed that the entire Agreement between the parties is contained herein and
that this Agreement supersedes all oral agreements and negotiations between the parties relating to the
subject matter hereof. All items referred to in this Agreement are incorporated or attached and are
deemed to be part of this Agreement.
Any alterations,variations,modifications, or waivers of provisions of this Agreement shall only
be valid when they have been reduced to writing as an amendment to this Agreement signed by the
parties hereto.
XXVII
•
The provisions of Minnesota Statutes 181.59 and of any applicable local ordinance relating to
civil rights and discrimination and the Affirmative Action Policy statement of Hennepin County shall
be considered a part of this Agreement as though fully set forth herein.
•
•
(this space left intentionally blank)
_ -NIL
�5
Agreement No. PW 01-49-04
CSAH 4, C.P. 9726
IN TESTIMONY WHEREOF, The parties hereto have caused this Agreement to be executed
by their respective duly authorized officers as of the day and year first above written.
CITY OF EDEN PRAIRIE
(Seal) By:
Mayor
Date:
And:
Manager
Date:
COUNTY OF HENNEPIN
ATTEST:
By: By:
Deputy/Clerk of the County Board Chair of its County Board
Date: Date:
APPROVED AS TO FORM: And:
Assistant/Deputy/County Administrator
B k• 41y4x ) Date:
Y-
stant County Attorney
f( 10, f And:
Date: 1 / `f Assistant County Administrator, Public Works
and County Engineer
Date:
APPROVED AS TO EXECUTION: RECOMMENDED FOR APPROVAL
By: By:
Assistant County Attorney Director,Transportation Department
Date: Date:
64- �- w L
DIVISION OF COST SUMMARY
Hennepin County Project No.9726
SAP 27-604-14; SAP 181-020-25; SAP 181-109-05
CSAH 4(Eden Prairie Road) and Valley View Road
Total Estimated Cost Hennepin County Eden Prairie
Contract Construction
CSAH 4 $ 787,884.90 $ 730,426.40 $ 57,458.50
Storm Sewer 89,550.00 44,775.00 44,775.00
Valley View Road 1,130,117.50 349,348.20 780,769.30
Storm Sewer 132.000.00 19,401.50 112,598.50
Subtotal $2,139,552.40 $1,143,951.10 $995,601.30
Engineering
Design $114,395.11 $114,395.11 (1)
Construction $79,648.10 $79,648.10(2)
County Supplied Signal Equip
CSAH 4 @ Valley View Road $18,000.00 $9,000.00 $9,000.00
Right of Way
$ 560,000.00 $ 280,000.00 $ 280,000.00
TOTALS $2,911,595.61 $1,547,346.21 $1,364,249.40
•
(1) Computed at 10% of the County's share of the contract construction costs.
(2) Computed at 8% of the City's share of the contract construction costs.
COUNTY/CITY
ACCOUNTS PAYABLE /RECEIVABLE SUMMARY
Payable to City Payable to County
Item by County by City
Contract Construction
CSAH 4 $730,426.40
Storm Sewer 44,775.00
Valley View Road 349,348.20
Storm Sewer 19,401.50
Engineering
Design $114,395.11
Construction $79,648.10
County Supplied Signal Equip.
CSAH 4 @ Valley View Road $9,000.00
•
Right of Way
$280,000.00
TOTALS $1,258,346 21 $368,648.10
Hennepin County Agreement No.PW 01-49-04
6,`T Exhibit "A"; Sheet 1 of 3 \AA-
CITY COUNCIL AGENDA DATE:
April 27, 2004
SECTION: Consent Calendar
DEPARTMENT/DIVISION: ITEM DESCRIPTION: S.S.A. 03-06 ITEM NO.:
Engineering Release of Land from Special Assessment
Jim Richardson Agreement for The Bluffs at Purgatory Creek VI I I- Z .
Eugene A. Dietz
Requested Action
Move to: Approve the Release of Land from Special Assessment Agreement for Lot 1, 2
and 3, Block 1, The Bluffs at Purgatory Creek.
Synopsis
In November, 2003, the City of Eden Prairie entered into a special assessment agreement with
O'Catarais L.C.C. regarding the levying of special assessments for trunk sanitary sewer, trunk
watermain and other utility and street improvements. The improvements are completed and the
project costs have been assessed.
Background Information
The Street Improvements were completed as part of I.C. 98-5471.
Attachments
Release of Land from Special Assessment Agreement
70
RELEASE OF LAND
This Release of Land is executed by the City of Eden Prairie, a Minnesota municipal corporation("City"),
as of April 27,2004.
FACTS
1. A certain Agreement Regarding Special Assessments ("Agreement") dated November 3, 2003, was
• executed by and between the City and O'Catarais L.L.C., which Agreement was filed as Document
No. 8216738 with the Hennepin County Recorder on November 6,2003.
2. The special assessments contemplated by the Agreement have been paid.
3. The property affected by this release is described as follows: Lots 1, 2 and 3 , Block 1 The Bluffs at
Purgatory Creek hereinafter referred to as the property.
NOW, THEREFORE, BE IT RESOLVED, the City of Eden Prairie, a Minnesota municipal
corporation,hereby releases the Property from the assessment obligations and conditions set forth
in the Agreement Regarding Special Assessments dated November 3, 2003, filed as Document
No. 8216738 with the Hennepin County Recorder on November 6, 2003. This Release of Land
shall not release or discharge the Property from the lien of any special assessments levied or
pending by the City other than pursuant to the Agreement regarding special assessments referred
to above.
IN WITNESS WHEREOF,the City of Eden Prairie has executed the foregoing instrument.
CITY OF EDEN PRAIRIE
A Municipal Corporation
BY: BY:
Nancy Tyra-Lukens Scott H.Neal
Its Mayor Its City Manager
STATE OF MINNESOTA)
)ss
HENNEPIN COUNTY )
The foregoing instrument was acknowledged before me this day of
2004 by Nancy Tyra-Lukens and Scott H.Neal,the Mayor and City Manager of the City of Eden Prairie,
a municipal corporation under the laws of the State of Minnesota, on behalf of said corporation.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
City of Eden Prairie
8080 Mitchell Road
Eden Prairie,MN 55344
CITY COUNCIL AGENDA DATE:
April 27, 2004
SECTION: Consent Calendar
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Engineering Approve Minor Subdivision of Briarhill ,-,�;; S
Alan D. Gray Apartments Site V I L
Requested Action
Move to: Approve the subdivision of PIN 09-116-22-12-0002 in accordance with the
1973 deed from Briarhill Company to the Edenvale Association.
Synopsis
Briarhill Company conveyed a strip of land to Edenvale Corporation in 1973 for trail purposes.
The deed is recorded but the subdivision will not be implemented for tax purposes without City
approval. Briarhill Company has a title problem that cannot be corrected without City approval
of the 1973 subdivision.
Background Information
In 1973 Briarhill Company conveyed a strip of land to Edenvale Association for the purpose of a
recreational trail. The subdivision was not approved by the City in 1973. While the deed was
recorded, Hennepin County will not establish a separate tax parcel for the strip of land without
City approval. Briarhill Company does not own the land in fee, but continue to be taxed for it.
Edenvale Association is dissolved and cannot convey the parcel back. Only City approval can
clear this title issue for Briarhill Company in a reasonably expedient way.
The conveyance created a setback issue for three existing buildings. The Planning Board
considered this request February 13, 2004 and granted rear yard setback variances for the three
buildings providing a foundation for subdivision approval.
Attachments
Legal Description
LEGAL DESCRIPTION
Outlot N, Edenvale 3rd Addition,Hennepin County, Minnesota, except that part lying Easterly of
the following described lines:
Commencing at the Northeast corner of said Outlot N; thence North 88 degrees 19 minutes 21
seconds West, along the North line of said Outlot N, a distance of 120.00 feet to the point of
beginning of lines to be described; thence South 01 degrees 40 minutes 39 seconds West, a
distance of 50.00 feet; thence South 88 degrees 19 minutes 21 seconds East, a distance of 80.00
feet; thence South 13 degrees 08 minutes 59 seconds East, a distance of 72.13 feet to its
intersection with a line 20 feet West of and parallel with the East line of said Outlot N, thence
South 02 degrees 24 minutes 42 seconds West, along said parallel line, a distance of 565.77 feet
to its intersection with a line 30 feet Northwesterly of and parallel with the Southeasterly line of
said Outlot N; thence South 15 degrees 33 minutes 08 seconds West, along said parallel line, a
distance of 221.13 feet to the South line of said Outlot N and there terminating.
�3
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CITY COUNCIL AGENDA
DATE: 04/27/04
SECTION: Consent Calendar
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Office of the City Manager A Resolution: To Oppose Tax and Expenditure
Michael Barone,Assistant to the Limitation Proposals (TABOR and Similar K,
City Manager Proposals) at the State of Minn. Legislature
Requested Action
MOTION: Move to adopt a resolution to oppose tax and expenditure limitation
proposals (TABOR and similar proposals)at the Minnesota State
Legislature.
Synopsis
The League of Minnesota Cities (LMC)is asking city officials from around the state of
Minnesota to adopt a resolution to oppose tax and expenditure limitation proposals currently
being discussed at the state legislature.
If a Tax and Expenditure Limits(TELs) or Taxpayers Bill of Rights(TABOR) and/or similar
type of legislation is passed by the state legislature,proponents of this type of legislation will
have successfully amended the state constitution to place caps on state, and potentially local,
spending and revenues. The ability of city officials to deliver mandated and discretionary
services would be negatively impacted by this proposed legislation.
Background Information
If applied to cities,TELs/TABOR would translate into direct and very severe impacts on City
services and encourage more state aid cuts and unfunded mandates. Cities need more, not less,
tools to serve residents and deal with challenges,and TELs/TABOR in any form would tie the
hands of local leaders.
Last year in Minnesota, lawmakers proved their ability to balance an extremely large deficit and
to make the tough decisions for which they were elected,without measures such as
TELs/TABOR in place, as the state of Minnesota had the sixth largest state deficit in the nation.
Tax and Expenditure Limits(TELs)would make it more difficult-and sometimes impossible-for
states to raise needed revenue, address unexpected crises, and to meet shifting or growing public
needs.
15
Currently in Colorado, lawmakers on both sides of the aisle are introducing many different
amendments to address the varied and onerous pressures created by TABOR,which the state of
Colorado adopted in 1992. One proposal would create a"timeout" to suspend TABOR for two
years; a second proposal would allow the state to establish a budget reserve; a third proposal
would address competing constitutional amendments; and still a fourth proposal would require
that future constitutional amendments be approved by two-thirds majorities instead of the current
simple majority.
Attachments
• Resolution: To Oppose Tax and Expenditure Limitation Proposals (TABOR and Similar
Proposals) at the State of Minnesota Legislature
• LMC Legislation Priorities 2004—TELs/TABOR Talking Points
76
League of Minnesota Cities
I 1-- -7
LMC145 University Avenue West,St.Paul,MN 55103-2044
L•agu•of Minnmola Ci&w (651)281-1200 • (800)925-1122
I.Cilia" orninng osi Ceca Fax:(651)281-1299 •TDD:(651)281-1290
www.lmnc.org
Tax and Expenditure Limitations (TELs) /Taxpayers Bill of Rights (TABOR)
Talking Points
The Issue
Proposals are being put forth to amend the Minnesota Constitution to impose tax and expenditure
limitations(TELs)at the state,and potentially local, levels of government that could only be
overridden by a vote of the people.
Key Points
• Minnesota cities oppose TELs,including the"Taxpayers Bill of Rights"(TABOR).
• TELs/TABOR are unnecessary and would tie the hands of lawmakers and city officials.
• TELs/TABOR would circumvent thoughtful consideration of policy decisions.
Details
• If applied to cities,TELs/TABOR would translate into direct and very severe impacts
on city services.
• If applied to the State,TELs/TABOR will encourage more state aid cuts and unfunded
mandates.
• Minnesota cities need more, not less,tools to serve residents and deal with challenges—
TELs/TABOR in any form would tie the hands of local leaders.
• TELs/TABOR are a solution in search of a problem
o Last year lawmakers solved the sixth largest deficit in the nation.
o Contrary to what proponents say,government spending is actually going down—in
2003 spending was 15.1 percent of personal income, down from 17.5 percent in 1996.
AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER
77
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,IVIINNESOTA
RESOLUTION NO.2004-
A RESOLUTION TO OPPOSE TAX AND EXPENDITURE LIMITATION PROPOSALS
(TELS/TABOR and Similar Proposals)
WHEREAS,the Taxpayers League and others are endorsing proposals to amend the State Constitution to
institute tax and expenditure limitations at the state,and potentially local, levels of government that could
only be overridden by a vote of the people—an example of these proposals is the"Taxpayers Bill of
Rights";
WHEREAS,such proposals would tie the hands of state and local leaders in times of crisis and other
unpredictable circumstances, circumventing thoughtful consideration of policy decisions;
WHEREAS,such proposals would prevent state and local officials from making the tough decisions they
were elected to make,passing the responsibility for learning all aspects of often complex issues to citizens
who have other jobs and responsibilities;
WHEREAS,amending the constitution is a virtually irrevocable action and should only be undertaken
when legislative remedies have proven inadequate;
WHEREAS,this is further demonstrated by the fact that state and local spending as a percentage of
personal income has actually declined in recent years,even before the 2003 deficit;
WHEREAS,regardless of whether TELs/TABOR are applied just to the State or to local governments as
well,these proposals would bring great harm to local communities through continued reductions in state
funding, increases in unfunded State mandates, and,potentially, direct tax and expenditure limitations at
the local level,which would severely erode decision-making at the local level and the ability to provide
the basic services residents and businesses expect and deserve;
WHEREAS,such proposals would force the State, and potentially cities,to spend valuable time and
money asking for permission from the same people who elected them before any action can be taken on
important issues, and would also force taxpayers to pay twice for governance—once for elections of their
State and local officials,and again for elections to make the decisions those officials should have made.
WHEREAS,such proposals contradict the fundamental principles upon which our constitution and
system of government are based—that representative,not direct, democracy is the most effective form of
government as it is most likely to result in good public policy;
NOW,THEREFORE,BE IT RESOLVED by the Council of the City of Eden Prairie that this Council
believes that state and local elected officials are elected to do a job—that job is to represent the interests
of their constituents,to deal with difficult decisions,to thoughtfully debate and determine the best course
of action for the state or the community they serve.
BE IT FURTHER RESOLVED that this Council opposes limits on state and/or local taxes and
expenditures,whether through constitutional amendment or other means, and supports the principle of
representative democracy as the best route to sound public policy.
ADOPTED by the City Council of the City of Eden Prairie on this 27th day of April,2004.
Nancy Tyra-Lukens,Mayor
ATTEST: SEAL
Kathleen Porta,City Clerk
CITY COUNCIL AGENDA
DATE:
SECTION: Payment of Claims April 27, 2004
DEPARTMENT: ITEM DESCRIPTION: ITEM NO.:
Finance Payment of Claims
Sue Kotchevar
Requested Action
Move to: Approve the Payment of Claims as submitted (roll call vote)
Synopsis
Checks 129052— 129429
Wire Transfers 1983 - 1993
Background Information
Attachments
10
City of Eden Prairie
Council Check Summary
04/27/2004
Division Amount
General 33,912
100 City Manager 1,852
101 Legislative 12,796
102 Legal Counsel -84
110 City Clerk 234
111 Customer Service 2,559
112 Human Resources 4,205
113 Communication Services 303
115 Risk Management 140
116 Facilities 32,662
117 City Center 23,822
131 Finance 1,477
132 Social Services 11,670
133 Community Development -144
135 Information Technology 71,224
136 Wireless Communication 2,419
137 Economic Development 1,429
150 Park Administration 1,074
151 Park Maintenance 107,528
153 Athletic Programs 987
154 Community Center 23,767
156 Youth Programs 1,884
158 Senior Center 1,453
159 Recreation Administration 325
160 Therapeutic Recreation 62
162 Arts 2,547
163 Park Facilities 235
180 Police 5,630
184 Fire 10,338
185 Animal Control 813
186 Inspections 170
200 Engineering 664
201 Street Maintenance 2,892
203 Fleet Services 11,263
302 HRA Fund 233
303 Cemetary Operation 150
308 E-911 1,481
311 Grant Fund 22
414 Improvement Bonds 1993B 3,141
503 Utility Improvement 6,221
506 Improvment Bonds 1996 10,582
507 Construction Fund 3,306
509 CIP Fund 17,762
511 Construction Fund 23,255
601 Prairie Village Liquor 84,946
602 Den Road Liquor 181,493
603 Prairie View Liquor 90,217
701 Water Fund 51,748
702 Sewer Fund 6,881
703 Storm Drainage Fund 19,444
803 Escrow Fund 4,507
807 Benefits Fund 452,210
Report Totals 1,329,704
City of Eden Prairie
Council Check Register
04/27/2004
Check# Amount Vendor/Explanation Account Description Business Unit
1983 71,238 PUBLIC EMPLOYEES RETIREMENT Benefit payments Health and Benefits
1984 71,152 PUBLIC EMPLOYEES RETIREMENT Benefit payments Health and Benefits
1985 9,878 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund
1986 24,323 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits
1987 15,248 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund
1988 124,573 WELLS FARGO MINNESOTA N A Benefit payments Health and Benefits
1989 2,998 WELLS FARGO MINNESOTA N A Federal Taxes Withheld Health and Benefits
1990 1,592 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits
1991 522 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits
1992 5,382 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund
1993 2,853 WELLS FARGO MINNESOTA N A Benefit payments Health and Benefits
129052 10 BRAUN,BARBARA Program Fee Senior Center Program
129053 629 CAMP SNOOPY Special Event Fees Special Events&Trips
129054 200 CARVER COUNTY SHERIFFS DEPT. Deposits Escrow
129055 43 COMMISSIONER OF TRANSPORTATION Operating Supplies Traffic Signals
129056 27 CONDOR FIREPLACE&STONE Cash Over/Short General Fund
129057 76 COOPER,CHERYL Program Fee Special Events&Trips
129058 50 CRAWFORD,ANN Other Contracted Services Cummins House Special Events
129059 1,000 CWP WEST CORPORATION Right of Way&Easement Construction Fund
129060 50 DANDREA,CINDY Other Contracted Services Cuminins House Special Events
129061 312 FEDEX Postage General
129062 207 GLENROSE FLORAL AND GIFT SHOPS Deposits Escrow
129063 200 HENNEPIN COUNTY PUBLIC RECORDS Operating Supplies Engineering
129064 50 LUDWIG,JAY Other Contracted Services Cummins House Special Events
129065 50 MELZER,JIM Other Contracted Services Cummins House Special Events
129066 18 NAIK,SHARON Program Fee Special Events&Trips
129067 50 ONGNA,RICHARD Other Contracted Services Cummins House Special Events
129068 94 QUICKSILVER EXPRESS COURIER Postage General
129069 2,444 QWEST Telephone Sewer Liftstation
129070 2,147 ROSS,DEB Other Contracted Services Cummins House Special Events
129071 200 SCOTT COUNTY SHERIFFS DEPT Deposits Escrow
129072 150 SEATON,ROBYN Other Contracted Services Cummins House Special Events
129073 594 TARGET CENTER Special Event Fees Special Events&Trips
129074 105 YWCA OF MINNEAPOLIS Conference Expense Recreation Administration
129075 37 ACE ICE COMPANY Misc Non-Taxable Prairie View Liquor Store
129076 118 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Prairie View Liquor Store
129077 148 ARCTIC GLACIER INC Misc Non-Taxable Prairie Village Liquor Store
129078 1,636 BELLBOY CORPORATION Operating Supplies Prairie Village Liquor Store
129079 2,746 DAY DISTRIBUTING Beer Prairie Village Liquor Store
129080 2,321 EAGLE WINE COMPANY Wine Domestic Prairie View Liquor Store
129081 9,442 EAST SIDE BEVERAGE COMPANY Beer Prairie Village Liquor Store
129082 367 GRAPE BEGINNINGS Wine Domestic Den Road Liquor Store
129083 9,437 GRIGGS COOPER&CO Transportation Prairie View Liquor Store
129085 20,493 JOHNSON BROTHERS LIQUOR CO Wine Imported Den Road Liquor Store
129086 5,481 MARK VII Beer Den Road Liquor Store
129087 1,014 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store
129088 667 NEW FRANCE WINE COMPANY Wine Domestic Den Road Liquor Store
129089 2,902 PAUSTIS&SONS COMPANY Wine Imported Den Road Liquor Store
129090 9,214 PHILLIPS WINE AND SPIRITS INC Transportation Den Road Liquor Store
129091 1,281 PINNACLE DISTRIBUTING Operating Supplies Den Road Liquor Store
129092 2,717 PRIOR WINE COMPANY Wine Domestic Prairie Village Liquor Store
129093 16,906 QUALITY WINE&SPIRITS CO Liquor Prairie Village Liquor Store
129094 15,866 THORPE DISTRIBUTING Beer Den Road Liquor Store
129095 56 TRI COUNTY BEVERAGE&SUPPLY Beer Prairie Village Liquor Store
129096 1,811 WINE COMPANY,THE Wine Domestic Den Road Liquor Store
129097 1,331 WINE MERCHANTS INC Wine Imported Prairie Village Liquor Store
129098 2,346 WORLD CLASS WINES INC Wine Domestic Prairie Village Liquor Store
129099 250 ANOKA COUNTY SHERIFF'S DEPT Deposits Escrow
129100 45 BCA-BTS Tuition Reimbursement/School Police
129101 158 BINO,SUSAN Operating Supplies Senior Center Program
129102 393 BLOOMINGTON,CITY OF Kennel Services Animal Control
129103 92 BRACE,LANCE Travel Expense Police
129104 560 CLARKLIFT OF MINNESOTA INC Other Contracted Services Park Maintenance
129105 153 DEGREE,BETH Mileage&Parking Aquatics&Fitness Admin
129106 233 DUALS,KHADRA Mileage&Parking HOPE PROGRAM
129107 256 GE CAPITAL Other Rentals General
129109 1,550 GENUINE PARTS COMPANY Equipment Parts Fleet Services
129110 5,591 HENNEPIN SOUTH SERVICES COLLAB Other Contracted Services Housing,Trans,&Human Sery
ga
Check# Amount Vendor/Explanation Account Description Business Unit
129111 202 J H LARSON ELECTRICAL COMPANY Repair&Maint.Supplies General Facilities
129112 30 JECH,JEAN Program Fee Senior Center Program
129113 120 KRANTZ,DONALD Program Fee Spring Skill Development
129114 120 MASTAIN,LISA Program Fee Spring Skill Development
129115 796 MEALS ON WHEELS Other Contracted Services Housing,Trans,&Human Sery
129116 288 MERLINS ACE HARDWARE Repair&Maint.Supplies Maintenance
129117 2,968 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund
129118 20 NICK,DOUG Program Fee Senior Center Program
129119 69 RUMFORD,JOAN Operating Supplies Senior Center Program
129120 772 SOUTHDALE YMCA YOUTH DEVELOPME Other Contracted Services Housing,Trans,&Human Sery
129121 150 STEINER,SHARON Operating Supplies Senior Center Program
129122 8,026 UNITED PROPERTIES-CONSTRUCTION Building Capital Impr./Maint.Fund
129123 1,485 US POSTMASTER-HOPKINS Postage Water Accounting
129124 560 WEBER,GREG Tuition Reimbursement/School In Service Training
129125 535 ZWIEG,JEFF Building Repair&Maint. Police City Center
129126 58 AMERICAN DEMOGRAPHICS Dues&Subscriptions City Council
129127 1,109 ARCH PAGING Pager&Cell Phone Wireless Communication
129128 1,234 ASPEN WASTE SYSTEMS INC. Waste Disposal Den Road Liquor Store
129129 674 BIFFS INC Waste Disposal Park Maintenance
129130 153 BLOOMINGTON LINOLEUM AND CARPE Operating Supplies Fleet Services
129131 8,499 CENTERPOINT ENEGY Gas Fire Station#1
129132 9,500 CREATIVE MARKETING CONSULTING Other Contracted Services City Council
129133 62 CULLIGAN BOTTLED WATER Operating Supplies Fire
129134 341 DMX/MINNEAPOLIS Other Contracted Services Den Road Liquor Store
129135 75 EDEN PRAIRIE CHAMBER OF COMMER Dues&Subscriptions City Council
129136 102,671 HENNEPIN COUNTY TREASURER Licenses&Taxes Parks Administration
129137 210 KINKO'S Other Contracted Services Economic Development
129139 11,647 METROPOLITAN MECHANICAL Building Repair&Maint. Police City Center
129140 36 MINNESOTA VALLEY ELECTRIC COOP Electric Sewer Liftstation
129141 105 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Services
129142 1,481 QWEST Telephone E-911 Program
129143 1,131 QWEST COMMUNICATIONS Pager&Cell Phone Police
129144 60 RIVERLAND COMMUNITY COLLEGE Tuition Reimbursement/School Fire
129145 73 SCHAITBERGER,CHUCK Travel Expense Fire
129146 200 SENSIBLE LAND USE COALITION Dues&Subscriptions City Council
129147 160 SOCIETY FOR HUMAN RESOURCE MAN Dues&Subscriptions Human Resources
129148 75 SOUTH CENTRAL TECHNICAL COLLEG Tuition Reimbursement/School Police
129149 2,756 SOUTHWEST SUBURBAN CABLE COMMI Dues&Subscriptions City Council
129150 8 STAR TRIBUNE Misc Non-Taxable Den Road Liquor Store
129151 35 STOERING,LEE Events/Admission Fee Therapeutic Rec Administration
129152 145 SWEDLUNDS Waste Disposal Outdoor Center
129153 120 TOLL GAS AND WELDING SUPPLY Operating Supplies Park Maintenance
129154 20 VAN BEUSEKOM,JEREMY Employment Support Test Fire
129155 632 W E LAHR COMPANY Equipment Parts Fleet Services
129156 53 ACE ICE COMPANY Misc Non-Taxable Prairie View Liquor Store
129157 360 AMERICAN INTERTRADE Beer Prairie Village Liquor Store
129158 88 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Den Road Liquor Store
129159 55 ARCTIC GLACIER INC Misc Non-Taxable Den Road Liquor Store
129160 5,357 BELLBOY CORPORATION Operating Supplies Prairie View Liquor Store
129161 1,294 CAT&FIDDLE BEVERAGE Wine Imported Den Road Liquor Store
129162 7,892 DAY DISTRIBUTING Beer Den Road Liquor Store
129163 4,636 EAGLE WINE COMPANY Wine Domestic Prairie View Liquor Store
129164 13,104 EAST SIDE BEVERAGE COMPANY Beer Prairie View Liquor Store
129165 207 GETTMAN COMPANY Misc Taxable Prairie Village Liquor Store
129166 1,709 GRAPE BEGINNINGS Wine Domestic Den Road Liquor Store
129167 6,835 GRIGGS COOPER&CO Liquor Den Road Liquor Store
129168 1,031 HOHENSTEINS INC Beer Prairie Village Liquor Store
129169 192 J&C DISTRIBUTING Misc Taxable Prairie Village Liquor Store
129171 15,816 JOHNSON BROTHERS LIQUOR CO Wine Imported Den Road Liquor Store
129172 8,337 MARK VII Misc Non-Taxable Den Road Liquor Store
129173 457 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store
129174 3,259 PAUSTIS&SONS COMPANY Wine Imported Prairie Village Liquor Store
129175 97 PEPSI COLA COMPANY Misc Taxable Prairie Village Liquor Store
129177 8,279 PHILLIPS WINE AND SPIRITS INC Wine Domestic Prairie Village Liquor Store
129178 504 PINNACLE DISTRIBUTING Misc Non-Taxable Prairie Village Liquor Store
129179 1,727 PRIOR WINE COMPANY Wine Domestic Den Road Liquor Store •
129180 14,513 QUALITY WINE&SPIRITS CO Liquor Den Road Liquor Store
129181 8,789 THORPE DISTRIBUTING Beer Den Road Liquor Store
129182 369 WINE COMPANY,THE Wine Domestic Den Road Liquor Store
129183 282 WINE MERCHANTS INC Wine Domestic Prairie Village Liquor Store
129184 240 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Senior Center Program
129185 40 CAMPOS,LORI Instructor Service Outdoor Center
Z3
Check# Amount Vendor/Explanation Account Description Business Unit
129186 168 CONTINENTAL RESEARCH CORPORATI Lubricants&Additives Fleet Services
129187 174 DMX/MINNEAPOLIS Other Contracted Services Prairie View Liquor Store
129188 100 ENG,RICHARD Refunds Environmental Education
129189 13 FURST,LORRAINE Operating Supplies Senior Center Program
129190 160 GE CAPITAL Other Rentals General
129191 191 GREAT HARVEST BAKERY Miscellaneous City Clerk
129192 237 INSTITUTE OF TRANSPORTATION EN Dues&Subscriptions Engineering
129193 31 IPMA Dues&Subscriptions Human Resources
129194 3,141 LUKE,L.DEAN Miscellaneous Improvement Bonds 1993B
129195 50 NORD,JANNA Refunds Environmental Education
129196 50 NORDQUIST,TODD Refunds Environmental Education
129197 361 PETTY CASH Mileage&Parking Economic Development
129198 39 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Services
129199 500 RAMSEY COUNTY SHERIFFS DEPT. Deposits Escrow
129200 50 SCHMIDTKE,CRAIG Refunds Environmental Education
129201 100 SEELER,KRIS Refunds Environmental Education
129202 11 STAR TRIBUNE Misc Non-Taxable Prairie View Liquor Store
129203 100 THOMSON,SCOTT Refunds Environmental Education
129204 60 TRI-COUNTY LAW ENFORCEMENT ASS Dues&Subscriptions Police
129205 100 URDAHL,JILL Refunds Environmental Education
129206 138 VANDENBERGHE,MARK Tuition Reimbursement/School Police
129207 100 WEGNER,LINDA Refunds Environmental Education
129208 3,101 WENCK ASSOCIATES INC Other Contracted Services Storm Drainage
129209 20 WILS Dues&Subscriptions Parks Administration
129210 81 WILSON,JOHN D. Tuition Reimbursement/School Police
129211 93 WORM,SANDY Operating Supplies Park Maintenance
129212 4,400 PRESERVE ASSOCIATION,THE Right of Way&Easement Improvement Projects 1996
129213 195 BUCA Operating Supplies Fire
129214 250 BURROWS,JASON Tuition Reimbursement/School Fire
129215 1,374 CALCIQUEST Chemicals Water Treatment Plant
129216 26,639 CENTERPOINT ENERGY MARKETING I Gas Public Works/Parks
129217 225 CRACAUER,CLIFF Mileage&Parking Fleet Services
129218 309 CRAGUNS Tuition Reimbursement/School Police
129219 190 GIRARD,MATTHEW Lessons&Classes Pool Lessons
129220 31 HENNEPIN COUNTY TREASURER Operating Supplies Community Development
129221 1,305 LAMETTRY,RICK Deposits Escrow
129222 915 MILLARD,CHRIS Tuition Reimbursement/School In Service Training
129223 65 MINNESOTA CHIEFS OF POLICE ED Tuition Reimbursement/School Police
129224 105 MINNESOTA OFFICE OF JUSTICE PR Tuition Reimbursement/School Police
129225 60 MRPA Conference Expense Recreation Administration
129226 45 MSFCB Dues&Subscriptions Fire
129227 160 OSTLUND,KATHERINE Recreation Supplies Pool Lessons
129228 948 QWEST Telephone Sewer Liftstation
129229 4,477 SOUTHDALE YMCA YOUTH DEVELOPME Other Contracted Services Housing,Trans,&Human Sery
129230 94 WEEDMAN,NICOLE Special Event Fees Special Events&Trips
129231 60 WILS Dues&Subscriptions Recreation Administration
129232 589 WILSON,JOHN D. Tuition Reimbursement/School In Service Training
129233 45 WINE&SPIRITS Dues&Subscriptions Den Road Liquor Store
129234 50 WOODBURY,CITY OF Special Event Fees Special Events&Trips
129235 7 XCEL ENERGY Electric Staring Lake
129236 250 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Senior Center Program
129237 3,112 ASPEN WASTE SYSTEMS INC. Waste Disposal Water Treatment Plant
129238 100 CHRISTOPHER,RODNEY Refunds Environmental Education
129239 100 CLARK,DENNIS Refunds Environmental Education
129240 895 COLLABORATIVE,THE Dues&Subscriptions Economic Development
129241 600 CUNNINGHAM,ELAINE Other Contracted Services Human Resources
129242 177 DE LAGE LANDEN FINANCIAL SERVI Other Rentals Fire
129243 150 DIETHELM,GARY Other Contracted Services Pleasant Hill Cemetary
129244 2,304 EMERGENCY APPARATUS MAINTENANC Equipment Repair&Maint Fire
129245 112 HAMMERSCHMIDT,BARBARA A Safety Supplies Fire
129246 50 HENNEPIN COUNTY TREASURER Operating Supplies Engineering
129247 100 HIEPLER,CURTIS Refunds Environmental Education
129248 50 LODHOZ,KELLY Refunds Environmental Education
129249 393 MINNESOTA STATE RETIREMENT SYS Severance Police
129250 581 NFPA Dues&Subscriptions Fire
129251 140 PARK NICOLLET CLINIC Other Contracted Services Risk Management
129252 99 PELTIER,JAMES Operating Supplies Fire
129253 56 STAR TRIBUNE Dues&Subscriptions General
129254 101 STEIN,MIKE Mileage&Parking Fire
129255 100 STEWART-HESTER,RENEE Other Contracted Services Recreation Administration
129256 438 US POSTMAS 1 hlt-HOPKINS Postage Senior Center Program
129257 17 VERIZON WIRELESS BELLEVUE Pager&Cell Phone General Facilities
Check# Amount Vendor/Explanation Account Description Business Unit
129258 15 WOLF CAMERA Video&Photo Supplies Police
129259 720 EDEN PRAIRIE FIREFIGHTER'S REL Union Dues Withheld General Fund
129260 458 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund
129261 33 ACE ICE COMPANY Misc Non-Taxable Prairie View Liquor Store
129262 81 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Prairie Village Liquor Store
129263 198 ARCTIC GLACIER INC Misc Non-Taxable Den Road Liquor Store
129264 2,792 BELLBOY CORPORATION Operating Supplies Prairie View Liquor Store
129265 320 CAT&FIDDLE BEVERAGE Wine Domestic Den Road Liquor Store
129266 264 D'VINE WINE DISTRIBUTORS Wine Imported Prairie Village Liquor Store
129267 10,823 DAY DISTRIBUTING Beer Prairie Village Liquor Store
129268 1,787 EAGLE WINE COMPANY Wine Domestic Prairie Village Liquor Store
129269 13,591 EAST SIDE BEVERAGE COMPANY Beer Den Road Liquor Store
129270 160 EXTREME BEVERAGE Misc Taxable Den Road Liquor Store
129271 432 GRAPE BEGINNINGS Wine Domestic Prairie View Liquor Store
129272 12,720 GRIGGS COOPER&CO Liquor Prairie View Liquor Store
129274 18,675 JOHNSON BROTHERS LIQUOR CO Liquor Prairie Village Liquor Store
129275 14,700 MARK VII Beer Prairie View Liquor Store
129276 709 MIDWEST COCA COLA BOTTLING COM Misc Taxable Prairie View Liquor Store
129277 1,068 NEW FRANCE WINE COMPANY Wine Domestic Den Road Liquor Store
129278 3,700 PAUSTIS&SONS COMPANY Wine Imported Den Road Liquor Store
129279 13,538 PHILLIPS WINE AND SPIRITS INC Transportation Den Road Liquor Store
129280 558 PINNACLE DISTRIBUTING Operating Supplies Den Road Liquor Store
129281 3,689 PRIOR WINE COMPANY Wine Domestic Den Road Liquor Store
129282 14,327 QUALITY WINE&SPIRITS CO Wine Domestic Prairie Village Liquor Store
129283 17,997 THORPE DISTRIBUTING Beer Prairie Village Liquor Store
129284 2,070 VINIFERA MINNESOTA Wine Imported Den Road Liquor Store
129285 83 VINTAGE ONE WINES INC Wine Domestic Prairie Village Liquor Store
129286 2,271 WINE COMPANY,THE Wine Imported Prairie Village Liquor Store
129287 1,957 WINE MERCHANTS INC Wine Domestic Prairie View Liquor Store
129288 2,632 WORLD CLASS WINES INC Wine Imported Prairie Village Liquor Store
129289 717 ASPEN WASTE SYSTEMS INC. Waste Disposal Maintenance
129290 89 AT&T Pager&Cell Phone Police
129292 178 CHOICE INC Other Contracted Services Prairie Village Liquor Store
129294 519 DE LAGE LANDEN FINANCIAL SERVI Other Rentals General
129295 1,710 DEPARTMENT OF PUBLIC SAFETY Software Maintenance Information Technology
129296 64 DERKS,CARRIE Program Fee Arts Camp
129297 50 DOUGHERTY,SAMUEL Deposits Escrow
129298 45 EDEN PRAIRIE CHAMBER OF COMMER Miscellaneous In Service Training
129299 207 EDEN PRAIRIE NOON ROTARY CLUB Dues&Subscriptions City Council
129300 43 FIRE FINDINGS Dues&Subscriptions Police
129301 99 FRED PRYOR SEMINARS Tuition Reimbursement/School Police
129302 9,900 GREAT LAKES INVESTORS III,LLC Right of Way&Easement Construction Fund
129303 54 HENNEPIN COUNTY TREASURER-SURV Operating Supplies Engineering
129304 60,443 LOGIS LOGIS Information Technology
129305 152,958 MEDICA CHOICE Medical Bills Prepaid Health and Benefits
129306 783 METRO SALES INCORPORATED* Other Hardware Information Technology
129307 74 MINN ST ADMIN ITG TELECOM SERV Software Maintenance Information Technology
129308 23 MINNESOTA DEPT OF HEALTH Licenses&Taxes Water Treatment Plant
129309 119 MOSTUE,BROOK Program Fee Preschool Events
129310 50 NEVERDAHL,MARION Refunds Environmental Education
129311 4,740 NILSSEN,BETH Events/Admission Fee Ice Show
129312 273 OH'LANDSCAPES Building Permits General Fund
129313 126 PAIN ENTERPRISES INC. Chemicals Pool Maintenance
129314 28 QUICKSILVER EXPRESS COURIER Postage General
129315 59 QWEST Telephone Telephone
129316 35 RON'S MECHANICAL INC Mechanical Permits General Fund
129317 18 SAGER,PAULINE Tuition Reimbursement/School Police
129318 61 SBC PAGING Pager&Cell Phone Water System Maintenance
129319 235 SELA ROOFING&REMODELING Building Permits General Fund
129320 551 SOFTWARE HOUSE INTERNATIONAL I Software Information Technology
129321 1,360 TRAFFICWARE Software Information Technology
129322 36 VERIZON WIRELESS BELLEVUE Pager&Cell Phone Street Maintenance
129323 1,700 WENDY'S INTERNATIONAL INC Right of Way&Easement Construction Fund
129324 450 ABM EQUIPMENT AND SUPPLY COMPA Equipment Parts Fleet Services
129325 2,883 AERO DRAPERY AND BLIND Capital Under$2,000 City Center Operations
129326 439 AMERICAN WATER WORKS ASSOCIATI Training Supplies Water Utility-General
129327 5,939 AUDIOVISUAL INC Other Hardware Information Technology
129328 274 BARKER-HAMMER ASSOCIATES INC. Cleaning Supplies General Facilities
129329 38 BERTELSON OFFICE PLUS Office Supplies Water Utility-General
129330 609 BLOOMINGTON SECURITY SOLUTIONS Building Repair&Maint. Senior Center
129331 665 BRAUN INTERTEC CORPORATION Design&Engineering Construction Fund
q5
Check# Amount Vendor/Explanation Account Description Business Unit
129332 1,546 BRISSMAN KENNEDY Cleaning Supplies Maintenance
129333 601 BROWN TRAFFIC PRODUCTS Operating Supplies Traffic Signals
129334 78 COPY EQUIPMENT INC Operating Supplies Engineering
129335 1,715 CORPORATE EXPRESS Office Supplies General
129336 5,108 CUTLER MAGNER COMPANY Chemicals Water Treatment Plant
129337 155 DELEGARD TOOL CO Small Tools Fleet Services
129338 521 DELTRON INC Equipment Repair&Maint Wireless Communication
129339 11,536 DIVERSE BUILDING MAINTENANCE Other Contracted Services Public Works/Parks
129340 336 DOHERTY,SANDRA L Other Contracted Services Volleyball
129341 9,102 DRT TRANSPORT Other Contracted Services Lime Sludge
129342 673 ECOLAB INC Building Repair&Maint. Fire Station#5
129343 9,989 EGAN-MCKAY ELECTRICAL CONTRACT Improvement Contracts Construction Fund
129344 133 EMERGENCY MEDICAL PRODUCTS INC Awards City Manager
129345 145 ERIK'S EDEN PRAIRIE STORE Equipment Repair&Maint Police
129346 54 ESCHELON TELECOM INC Other Contracted Services Telephone
129347 105 FASTSIGNS Repair&Maint.Supplies Pool Maintenance
129348 38 FIKES HYGIENE SERVICES Operating Supplies Prairie View Liquor Store
129349 222 FLYING CLOUD ANIMAL HOSPITAL Canine Supplies Police
129350 126 FORCE AMERICA Equipment Parts Fleet Services
129351 84 FORDAHL,TAMARA Other Contracted Services Volleyball
129352 977 G&K SERVICES-MPLS INDUSTRIAL Cleaning Supplies Water Treatment Plant
129353 1,200 GABE'S ON TIME PLUMBING Building Repair&Maint. Round Lake
129354 130 GARTNER REFRIGERATION&MFG IN Equipment Repair&Maint Ice Arena
129355 642 GOPHER STATE ONE-CALL INC Other Contracted Services Water System Maintenance
129356 219 GRAINGER Equipment Parts Fleet Services
129357 235 GUNNAR ELECTRIC CO INC Building Repair&Maint. Outdoor Center
129358 - 126 HAYDEN-MURPHY EQUIPMENT COMPAN Equipment Parts Fleet Services
129359 57 HIRSHFIELD'S Repair&Maint.Supplies Police City Center
129360 231 HOLMES,TOM Other Contracted Services Volleyball
129361 979 ICI DULUX PAINT CTRS Repair&Maint.Supplies Water Treatment Plant
129362 12,878 INSIGHT PUBLIC SECTOR Computers Information Technology
129363 3,477 INTEREUM INC Capital Under$2,000 Furniture
129364 1,230 ITS A KEEPER Awards City Manager
129365 738 J-CRAFT DIV OF CRYSTEEL MFG IN Equipment Parts Fleet Services
129366 1,491 JANEX INC Cleaning Supplies General Facilities
129367 195 JOHNSON,KAMARA Other Contracted Services Park Facilities
129368 16,343 KUSSKE CONSTRUCTION Improvement Contracts Storm Drainage Projects
129369 994 LAB SAFETY SUPPLY INC Repair&Maint.Supplies Water Treatment Plant
129370 2,131 LAMETTRYS COLLISION Equipment Repair&Maint Fleet Services
129371 420 LEROY JOB TRUCKING INC Other Contracted Services Animal Control
129372 1,464 M R SIGN Signs Traffic Signs
129373 14 MACQUEEN EQUIPMENT INC Equipment Parts Fleet Services
129374 198 MARKS EDEN PRAIRIE BP Equipment Repair&Maint Police
129375 18,298 McFARLAND CONSTRUCTION COMPANY Building City Center Operations
129376 330 MENARDS Operating Supplies Park Maintenance
129377 117 METROPOLITAN FORD Equipment Parts Fleet Services
129378 307 MIDWEST ASPHALT CORPORATION Patching Asphalt Street Maintenance
129379 2,359 MILLER DUNWIDDIE Building Capital Impr./Maint.Fund
129380 1,896 MINNESOTA CONWAY Other Contracted Services Water Treatment Plant
129381 6,855 MINNESOTA PIPE AND EQUIPMENT* Repair&Maint.Supplies Water System Maintenance
129382 586 MINNESOTA PRINT MANAGEMENT LLC Miscellaneous Legal Criminal Procecution
129383 1,050 MTI DISTRIBUTING INC Equipment Parts Fleet Services
129384 331 NATIONAL AUTOMATIC SPRINKLER Building Repair&Maint. Water Treatment Plant
129385 602 NATIONWIDE ADVERTISING SERVICE Employment Advertising Human Resources
129386 135 NAUTILUS/SCHWINN FITNESS GROUP Repair&Maint.Supplies Fitness Center
129387 946 NORTHERN SAFETY TECHNOLOGY INC Equipment Parts Fleet Services
129388 135 NORTHWEST RESPIRATORY SERVICE Safety Supplies Fire
129389 19 OLSEN COMPANIES Small Tools Water System Maintenance
129390 49 POWER SYSTEMS Equipment Parts Fleet Services
129391 44 POWERPLAN Equipment Parts Fleet Services
129392 121 PRAIRIE ELECTRIC COMPANY Building Repair&Maint. Senior Center
129393 136 PRINTERS SERVICE INC Repair&Maint.Supplies Ice Arena
129394 407 QUALIFICATION TARGETS Training Supplies Police
129395 1,048 QUALITY FLOW SYSTEMS INC Equipment Repair&Maint Sewer Liftstation
129396 336 RAMOLA,ALLEN J Other Contracted Services Basketball
129397 129 REAL GEM Awards City Manager
129398 290 REED CONSTRUCTION DATA Advertising Park Maintenance
129399 472 RETROFIT RECYCLING INC Waste Disposal General Facilities
129400 87 RIGID HITCH INCORPORATED Equipment Parts Fleet Services
129401 761 RMR SYSTEMS INC Other Contracted Services Water Meter Repair
129402 114 SCHARBER&SONS Equipment Repair&Maint Fleet Services
129403 107 SCHERER BROTHERS LUMBER CO Building Materials Street Maintenance
g6
Check# Amount Vendor/Explanation Account Description Business Unit
129404 150 SCRAP METAL PROCESSORS INC Equipment Repair&Maint Fleet Services
129405 242 SHIELD FIRE PROTECTION INC Building Repair&Maint. Public Works/Parks
129406 704 SOUTHWEST SUBURBAN PUBLISHING- Employment Advertising Human Resources
129407 278 SOUTHWEST SUBURBAN PUBLISHING- Advertising Prairie Village Liquor Store
129408 9,488 SRF CONSULTING GROUP INC Other Contracted Services TIF fund
129409 2,751 STREICHERS Clothing&Uniforms Police
129410 93 SUBURBAN PROPANE Equipment Parts Fleet Services
129411 222 SULLIVANS UTILITY SERVICES INC Building Repair&Maint. Fire Station#3
129412 4,288 SUMMIT ENVIROSOLUTIONS Other Contracted Services Utility Improvement Fund
129413 43 SUN NEWSPAPERS Legal Notices Publishing City Clerk
129414 1,566 SYSTEM CONTROL SERVICES Equipment Parts Sewer Lifistation
129415 575 TELCO SYSTEMS INC Other Hardware Information Technology
129416 475 TESSCO Capital Under$2,000 Fleet Services
129417 162 THYSSENKRUPP ELEVATOR Building Repair&Maint. Public Works/Parks
129418 1,934 TKDA Improvement Contracts Utility Improvement Fund
129419 120 TRANSACT TECHNOLOGIES INC Operating Supplies Community Center Admin
129420 933 TRAUT WELLS Equipment Repair&Maint Water Well#4
129421 153 TWIN CITY OXYGEN CO Operating Supplies General Facilities
129422 32 TWIN CITY WINDUSTRIAL CO. Repair&Maint.Supplies Water Treatment Plant
129423 288 UNIFORMS UNLIMITED Clothing&Uniforms Police
129424 35 US CAVALRY Clothing&Uniforms Police
129425 398 VESSCO INC Equipment Parts Water Treatment Plant
129426 58 W GORDON SMITH COMPANY,THE Lubricants&Additives Water Treatment Plant
129427 856 WATER SPECIALTY OF MN INC Repair&Maint.Supplies Pool Maintenance
129428 196 WESTSIDE EQUIPMENT Equipment Repair&Maint Fleet Services
129429 3,308 YALE MECHANICAL INC Equipment Repair&Maint Water Treatment Plant
1,329,704 Grand Total
CITY COUNCIL AGENDA DATE:
April 27,2004
SECTION: Petitions and Requests
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Engineering Approve the Combination of Two Land
Alan D. Gray Parcels: PIN 25-116-22-22-0037 and ITT .
Planning 25-116-22-21-0068 for Olympic Hills Golf Club
Michael Franzen
Requested Action
Move to: Approve the combination of two land parcels: PIN 25-116-22-22-0037
and 25-116-22-21-0068 for Olympic Hills Golf Club
Synopsis
The Olympic Hills Golf Club plans to construct an additional equipment building just westerly of
the existing equipment building located on Mount Curve Road. A combination of two land
parcels (25-116-22-22-0037 and 25-116-22-21-0068) into one land parcel will eliminate the
property line and allow building construction in accordance with the proposed site plan.
Background Information
Olympic Hills Corporation owns Parcel 25-116-22-22-0037 (unplatted) and Olympic Hills Land
Corporation owns Parcel 25-116-22-21-0068 (Lot 5, Block 1, Mount Curve Addition). These
two parcels are contiguous and together make up that portion of Olympic Hills Golf Club lying
southerly of Mount Curve Road. Both land parcels are zoned Rural. The maintenance building
is an accessory structure permitted in the Rural Zone. The proposed building will meet the
required setbacks if the parcels are combined.
The current equipment building is located on Lot 5. For several years the Club has owned more
equipment than can be stored in the existing building. They propose to build a second building
to provide the needed enclosed storage. The proposed location is west of the existing building
over the common property line between the two owned land parcels. Combining the two parcels
into one is required to allow the proposed location for the second building. In addition to the
parcel combination, a utility easement vacation along the westerly line of Lot 5 will be required
prior to issuance of a building permit. A public hearing on the easement vacation is scheduled
for May 4, 2004.
Attachments
Parcel Map
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CITY COUNCIL AGENDA DATE:
SECTION: Appointments April 27, 2004
DEPARTMENT/DIVISION: ITEM NO.:
City Council ITEM DESCRIPTION:
Appointment to Arts & Culture Commission A.
Requested Action
Move to: Appoint Soni Styrlund to the Arts and Culture Commission for a term to end March 31, 2006.
Synopsis
Ms. Styrlund's application for the Arts and Culture Commission was received after the appointment process
for 2004 was complete. The staff liaison for the commission, Sandy Werts, would like to see the commission
membership increase to its maximum of seven members. Since, Ms. Styrlund has outstanding qualifications,
the City Manager and Sandy Werts recommend Council approve this additional appointment.
Attachments
Memorandum dated March 24, 2004
Board and Commission Application(Council Only)
•
90
MEMORANDUM
0 To: Scott Neal, City Manager
From: Sandy Werts, Recreation Coo rjor
Date: March 24, 2004111.11.111
Subject: Arts and Culture Commissi ner Application
Eden Prairie
Attached is an application for Arts and Culture Commissioner from Soni Styrlund. She is
the person who inquired about the position on the day of the interviews. You said I could
contact her afterward,which I did. She came to a focus group meeting the Commission
had and gave me her application. I had a very strong image of turning it in to Tanya, but
recently found it in my notebook.
I would like to see the commission increase its numbers up to the maximum of 7. Soni is
very interested, and has some very good background. I would appreciate you passing her
application on to the City Council.
Thank you.
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