HomeMy WebLinkAboutCity Council - 05/04/2004 AGENDA
CITY COUNCIL FORUM
TUESDAY,MAY 4,2004 CITY CENTER
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, Police Chief Dan Carlson,Fire Chief George Esbensen,Public Works
Director Eugene Dietz,Parks and Recreation Director Bob Lambert, Communications Manager
Jack Sheehan, Economic Development Manager David Lindahl,City Attorney Ric Rosow,and
Recorder Lorene McWaters
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NOTE: There is no Workshop this week,just Open Forum/Open
Podium beginning at 6:30 in the Council Chamber.
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Council Chamber
II. OPEN FORUM
A. MAGGIE GAGE—CITY PARK PROPERTY ON SPYGLASS DRIVE
III. OPEN PODIUM
IV. ADJOURNMENT
•
MEMORANDUM
To: Mayor and City Council
0 Through: Bob Lambert,Director of Parks and Recreation
,,
From: Stuart A. Fox, Manager of Parks and Natural Resources
Eden Prairie Date: May 4,2004
Subject: Council Meeting Open Forum Item—Maggie Gage
—City Park Property on Spyglass Drive
Synopsis
Maggie Gage of 10479 Spyglass Drive has requested to speak before the City Council during the
open forum on Tuesday, May 4, 2004.
Staff sent out letters to residents on Spyglass Drive in January of 2004 regarding a number of
trespass issues to City of Eden Prairie property behind their homes. A total of fourteen properties
interface with City of Eden Prairie property and eleven properties had some form of trespass onto
City owned property.
A copy of the letter that was sent to each property owner as well as more detail information is
included in the attached packet for your review.
Background
Last October City staff was alerted to a number of concerns about trespass onto City park property.
At the time of the initial report it was not known to what extent or how many property owners had
infringed on City park land. Because staff was unable to find the property corners, staff hired a
surveyor to re-establish those property corners. The surveyor that was hired was the same company
that worked with the developer during the development of the Chimney Pines subdivision.Once the
survey was completed, City staff took pictures of each property from the various property corners
and took notes related to the various infringement and trespass issues.Once all that information was
assembled, the staff put together a packet of information that included the following:
• Individual letters to each property owner including a detailed description of any trespass
issue(s) and a date to remove items from City property.
• A copy of the property survey from the City building records that was filed when their house
was constructed.
• A copy of the property line boundary survey done in October showing any retaining walls,
landscaping, etc.
• Photos of the property line and infringements on City property taken by City staff.
• An aerial photo showing the housing development and the adjacent City of Eden Prairie
property.
Council Meeting Open Forum Item—Maggie Gage
City Park Property on Spyglass Drive
May 4, 2004
Page 2
In late January Councilmember Case was contacted by some of the residents living on Spyglass
Drive and staff provided the Councilmen with some of the information that is now being distributed
to the entire City Council.
Background Relating to this Housing Project
Laukka-Jarvis, Inc. first proposed this development in the summer of 1995. The original PUD
request was for 48 houses on 42.2 acres.The PUD plan included land identified both as Minnesota
River Bluff as well as flood plain.Because of those designations,29 acres of land was set aside from
the 42.2 acres.The developer sought and was granted a number of waivers which included density,
lot size and setback waivers in exchange for dedicating the undevelopable portion of the property to
the City of Eden Prairie. The approved density for the R1-9.5 area is approximately 4.5 units per
acre.
There was an additional concern about Indian burial mounds and a portion of the property was set
aside for continuing archeological study. Subsequent study yielded no Indian burial mounds and
houses were built on those five lots.
Trespass Issues
Upon discovering the amount and extent of the trespass along the backyard of this development,staff
met with the City Manager and City Attorney to discuss the situation. It was agreed that to remain
letters would be sent to the individual property owners detailing the situation and requesting that all
trespass items be removed by a specified date. This is consistent with all of the various property
issues that the staff has dealt with in the past 20+years related to City property. To date, City staff •
has been contacted by three of the eleven property owners with trespass issues. All three of these
property owners have either taken steps or have completed removal of the various items from City
owned property.
Attachments: Letter to Spyglass Drive property owners
Aerial Photo
Survey
Corner Photos
Maps ,
SAF:bju
G:\Brenda\Letter&Memos\Stuart 2004\Memo\Council Meeting Open Forum Item—Maggie Gage.dot
City Property Infringement
Spyglass Drive October 2003
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AGENDA
EDEN PRAIRIE CITY COUNCIL
TUESDAY,MAY 4,2004 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. PRESENTATION OF HUMAN RIGHTS AWARD AND YOUTH SCHOLARSHIP
AWARDS (p. 1)
V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
VI. MINUTES
A. COUNCIL WORKSHOP HELD TUESDAY,APRIL 27,2004 (p. 5)
B. CITY COUNCIL MEETING HELD TUESDAY,APRIL 27,2004 (p. 9)
VII. CONSENT CALENDAR
A. ADOPT RESOLUTION APPROVING TRAFFIC CONTROL SIGNAL
AGREEMENT WITH MNDOT,HENNEPIN COUNTY AND THE CITY OF
BLOOMINGTON FOR TRAFFIC SIGNALS ON TH 169 AT ANDERSON
LAKES PARKWAY AND PIONEER TRAIL (CSAH 1), I.C. 015548 (p. 16)
B. AUTHORIZE ISSUANCE OF GRADING PERMIT FOR PLACING OF FILL
AT 16751 STIRRUP LANE (p. 45)
C. ADOPT RESOLUTION AWARDING CONTRACT FOR INTERSECTION
IMPROVEMENTS AT CSAH 4 AND VALLEY VIEW ROAD TO VALLEY
PAVING, INC. (p. 47)
D. AUTHORIZE STAFF TO NEGOTIATE PURCHASE OF PROPERTY AT 6600
175111 AVENUE WEST (p. 51)
CITY COUNCIL AGENDA
May 4,2004
Page 2
E. ADOPT RESOLUTION OF APPRECIATION FOR CONGRESSMAN JOHN
KLINE (p. 52)
F. APPROVE RENEWAL OF AGREEMENT FOR TOWING SERVICES WITH
MATT'S AUTO SERVICE FOR 2004 (p. 55)
G. APPROVAL OF 2004 AGREEMENT FOR FORFEITURE VEHICLE
STORAGE AND DISPOSAL (p. 62)
VIII. PUBLIC HEARINGS/MEETINGS
A. VACATION OF DRAINAGE AND UTILITY EASEMENTS AT EAGLE RIDGE
AT HENNEPIN VILLAGE,VACATION 04-05 (Resolution) (p. 68)
B. VACATION OF DRAINAGE AND UTILITY EASEMENT OVER PART OF
MOUNT CURVE ADDITION,VACATION 04-06 (Resolution) (p. 72)
C. SETTLERS WEST by Pemtom Land Company. Request for Zoning District Change
from Rural to R1-13.5 on 11.07 acres, Preliminary Plat of 11.07 acres into 11 lots, 2
outlots, and road right of way. Location: South of Pioneer Trail and north of Vogel
Farm Trail. (Ordinance for Zoning District Change and Resolution for Preliminary
Plat(p. 76)
D. WESTGATE OFFICE PARK by Klingelhutz Development Company. Request for
Comprehensive Guide Plan Change from Low Density Residential to Office on 2.6
acres, Zoning District Change from I-General to Office on 2.6 acres, Site Plan Review
on 2.6 acres, and Preliminary Plat of 2.6 acres into 4 lots. Location: Current MNDot
Right-of-way,North of Venture Lane. . (Resolution for Comprehensive Guide Plan
Change, Ordinance for Zoning District Change, and Resolution for Preliminary
Plat) (p. 88)
E. EDEN PRAIRIE TRANSFER STATION (BFI)by BFI. Request for PUD Concept
Amendment on 24.32 acres, PUD District Review on 24.32 acres, Zoning District
Amendment within the I-2 Zoning District on 24.32 acres, and Site Plan Review on
24.32 acres. Location: South of Pioneer Trail and East of Highway 212.. (Resolution
for PUD Concept Amendment and Ordinance for PUD District Review and
Zoning Amendment) (p. 104)
IX. PAYMENT OF CLAIMS (p. 119)
X. ORDINANCES AND RESOLUTIONS
XI. PETITIONS,REQUESTS AND COMMUNICATIONS
XII. REPORTS OF ADVISORY BOARDS & COMMISSIONS
CITY COUNCIL AGENDA
May 4,2004
Page 3
XIII. APPOINTMENTS
XIV. REPORTS OF OFFICERS
A. REPORTS OF COUNCILMEMBERS
B. REPORT OF CITY MANAGER
C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR
D. REPORT OF PARKS AND RECREATION DIRECTOR
E. REPORT OF PUBLIC WORKS DIRECTOR
F. REPORT OF POLICE CHIEF
G. REPORT OF FIRE CHIEF
H. REPORT OF CITY ATTORNEY
XV. OTHER BUSINESS
XVI. ADJOURNMENT
CITY COUNCIL AGENDA DATE:
SECTION: May 4,2004
DEPARTMENT/DIVISION: ITEM NO.:
Human Rights and Dr. Jean L. Harris Youth
Office of the City Manager Scholarship Awards TV-
Requested Action
Recipients of the Human Rights Awards and the Dr. Jean L. Harris Youth Scholarship Award will be
recognized. The Human Rights Awards recognize accomplishments from 2003,while the Youth
Scholarship Award is for the 2003-2004 school year.
2003 Human Rights Award—Non-Profit Organization Recipient
Eden Prairie School District Human Resources Department(to be accepted by Nanette Missaghi)
2003 Human Rights Award—Individual Recipient
Jerry Anderson
2003-2004 Dr. Jean L. Harris Youth Scholarship Award recipient
Catherine Wang—Eden Prairie High School Senior
Mayor Tyra-Lukens will introduce both Larry Piumbroeck, Chair of the Human Rights and Diversity
Commission, and Jeff Strate,Vice-Chair,who will both come to the speaker's podium.
Larry Piumbroeck will read a short statement of purpose. Mayor Tyra-Lukens will ask each recipient
to come up (in order listed above). The Mayor will then read the recipient information. Once read
aloud,the Chair and Vice-Chair will present the plaques (HRA recipients) or certificate (YSA
recipient).
Background
Human Rights and Diversity Commission:
* Larry Piumbroeck, Chair * Pamela Miller
* Jeff Strate,Vice-Chair * Cari Maguire
* Balu Iyer * Linda Chung
* Gerry Beckmann
Staff Liaison: Molly Koivumaki
Attachments
Recipient Information
MAYOR READS:
Human Rights Awards
The Eden Prairie City Council and the City's Human Rights and Diversity Commission are
pleased to give out the Human Rights Awards, which recognize an Eden Prairie Individual,
Non-profit organization and Business that have worked to create an inclusive community
through their actions, activities or programs, and demonstrate that these actions relate to the
stated intentions of the Eden Prairie Manifesto. The Awards recognize accomplishments
from 2003.
Human Rights Award—Non-Profit category
Eden Prairie School District Human Resources Department
(Note: Nanette Missaghi will be present to accept the award on behalf of the School
District)
The Human Resources Department at the Eden Prairie School District, under the guidance
of Nanette Missaghi, was nominated for their initiative in a new employee training
program. They saw that some new employees have communication barriers because of
little or no English skills, and worked to create a resource above and beyond the existing
structure to support new staff and their supervisors.
The HR team conducted focus groups to determine needs of the new staff. They got
feedback from these and other conversations which led to two goals that create a
supportive and inclusive work environment.
• The first goal is to provide new staff with job-related information in their first
language. This information includes PowerPoint presentations called Work
Place Training that are customized by job,have specific responsibilities and
expectations, cover the ten highest areas for potential confusion, and explain
state-mandated "Right to Know" information.
• The other goal is to provide staff with information about primary cultures
who work in their district. This information was compiled by the HR
Department and translated into Somali, Vietnamese, Spanish, and Russian.
Their plan has helped bridge the understanding of staff and supervisors with new
immigrant employees. The HR staff continues to lead the way in all areas of hiring,
recruiting and training in their efforts to create a welcoming environment for all.
For all these reasons, the Eden Prairie School District Human Resources Department is
being recognized as the City of Eden Prairie's Human Rights Award—Non-Profit
organization category recipient for 2003. Congratulations!
a
Human Rights Award—Individual category
Jerry Anderson
Jerry Anderson, Operations Manager of Eden Prairie Cub Foods, was nominated for the
Human Rights Award for the extra time and effort he has given to help many groups in
Eden Prairie. For example, he and Cub Foods have been consistently thoughtful and
generous donors to the programs like PROP (People Reaching out to Other People). They
donate food to the shelf, provide a Drop-Off Food Box, and discounts for the PROP
Garden Seeds and Plant Program and the Holiday Food Programs.
Anderson has been aware of the growing diverse population of Eden Prairie for some time.
He understands people's needs and problems and always looks for ways to help people.
He hires many immigrant employees at his store and educates his staff about the problems
and challenges these new workers face living in Eden Prairie and working in the United
States. He is also very thoughtful of the senior community and showed his generosity by
installing benches for waiting or resting, and provided the first handicapped scooters for
shoppers in Eden Prairie.
Anderson began a Mentoring Program at Cub and has personally mentored 60 Hispanic
employees, teaching them such important work values such as how to dress for work, the
importance of being on time and about dependability. Many say his program has had a
great positive impact for individuals and for the business!
Anderson has helped various other organizations in the community such as schools,
churches, senior citizen programs and civic organizations. He was a key proponent of the
Shopping Bus program in Eden Prairie. He was very enthusiastic and helpful in the
planning process and remains highly supportive of this new service.
He is a certainly a positive influence within the city of Eden Prairie and these are examples
of the ways he treats, values, and helps people every day.
For all these reasons, Jerry Anderson is being recognized as the City of Eden Prairie's
Human Rights Award—Individual category recipient for 2003. Congratulations!
(NOTE: No award was given out for the Business category this year.)
3
MAYOR READS:
Dr. Jean L. Harris Youth Scholarship Award
The Eden Prairie City Council and the City's Human Rights and Diversity Commission
are pleased to announce the recipient for the 2003-2004 Dr. Jean L. Harris Youth
Scholarship Award. Eden Prairie High School senior Catherine Wang has been
selected as the recipient of a one-time $1,000 award.
Background of Award Process
Scholarship applicants were asked to show a commitment that reflects the principles of
human rights and diversity espoused by Dr. Martin Luther King, Jr., and others in their
school, volunteer, community service, and/or religious activities, and demonstrate how
these actions relate to the stated intentions of the Eden Prairie Manifesto.
Recipient Catherine Wang
Catherine Wang is an outstanding role model for youth in Eden Prairie because of the
vast amount of volunteer work she does for the community. Even though she is very
busy as a senior at Eden Prairie High School, she finds time to volunteer for such
events as the Walk for Hunger, Special Olympics, March of Dimes Walk, and the
Prairie View Carnival. She also was the Student Ambassador from the high school at
the Junior Achievement National Business Hall of Fame meeting. In addition, at
school she is involved with the Interact Club as president, the Diversity Club as a
leader, and on the student council. Wang finds time to tutor her peers in Geometry,
assists a high school math teacher with student assignments, and helps with the Eden
Lake First Grade Book Club.
Wang says that the "Diversity Club is one of the most meaningful activities I have been
involved in. I have a passion regarding learning about different cultures because I
believe one can benefit a lot from it." She says the Eden Prairie Manifesto "represents
Eden Prairie's position on issues regarding freedom, dignity, and security...Diversity is
what makes this world great. It is the foundation if the United States [and] I believe
that an understanding and appreciation for diversity is a necessity of life."
For all of her efforts to learn about and promote diversity, and for her volunteer
activities that make her community a better place, Catherine Wang is being recognized
as the City of Eden Prairie's Jean L. Harris Youth Scholarship Award recipient for
2003 —2004.
id. . / 1 -
UNAPPROVED MINUTES
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
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
Economic Development Manager David Lindahl noted that the City began exploring
solutions to traffic problems in the Golden Triangle Area in 1999. In addition to ride-
share programs,a traffic demand management plan, and plans for HOV slip ramps for
Flying Cloud Drive and 212,the City decided to evaluate whether or not mixed-use
development could help reduce traffic congestion and enhance transit use. Hennepin
County agreed to pay for a mixed-use development/traffic mitigation study with grants
from the Federal Transit Administration. Hoisington Koegler Group was chosen to
conduct the study.
Consultants from Hoisington Koegler Group presented findings of the Golden Triangle
Land Use/Multi-Modal Transportation Evaluation to Council at this Workshop. This
study began in February 2002 and was scheduled for completion in spring of 2003;
however, completion was delayed until results of a County evaluation of a new LRT
alignment through the GTA were in. The study is now complete and includes land use
scenarios supported by future light rail.
5
Council Workshop Minutes
April 27 2004—p.2
The study includes three land use scenarios, one market-based concept and two transit
village concepts,which were modified and expanded based on new rail locations, land
use opportunities provided by light rail,and the possibility of developing a major transit
station facility in the area. The consultants believe that if LRT is extended into the GTA,
additional public resources may be available to help finance transit-oriented
development.
All of the concepts include a residential component as well as substantial land dedicated
to regional commercial development,which could accommodate mid-to large-size retail
not currently in the area.
Major Conclusions of the Study are as follows:
• The cost of redevelopment outweighs the benefits of vehicular traffic reductions.
• The difference between traffic generated under the market-based concept and the
transit village concept is relatively minimal.
• Transit usage within the Golden Triangle is projected to remain relatively low even
with implementation of the Transit Village alternatives.
• Balancing traffic management and redevelopment objectives poses a complex
challenge.
• Substantial roadway improvements will be necessary in the Golden Triangle
regardless of the land use pattern chosen.
• The development pattern in the Golden Triangle will not change without intervention
of the City.
• Absent major redevelopment efforts,limited sites exist within the Golden Triangle
that will be suitable for new housing.
• The financing of public actions requires additional investigation.
Recommended actions listed in the Study are as follows:
• Adopt the plan as an advisory tool
• Determine public purpose
• Conduct an analysis of potential redevelopment sites based on private development
initiatives
• Take sustainable and incremental steps toward redevelopment
• Remain flexible
• Continue to include transit improvements as part of the vision for the Golden Triangle
• Explore other traffic management solutions
• Encourage redevelopment and reinvestment throughout the Golden Triangle
Economic Development Director David Lindahl said staff will be asking Council to adopt
the plan in the next 30 to 60 days. He noted that the Eden Prairie Center area cannot
accommodate much more retail development,and staff believes the GTA would lend
itself well to retail with some investment by the City. He said Ryan Companies is
scheduled to attend the May 4 Council Workshop to present a concept plan.
Council Workshop Minutes
April 27 2004—p.3
Councilmember Case said he loves the transit-based concept but worries about whether
or not changes in the legislature might endanger transit funding. Consultant Mark
Koegler said the redevelopment concepts presented can be built even without LRT. He
said the study presumes, and he believes,there will always be some sort of transit in
place in the GTA,though it is not absolutely necessary.
Councilmember Mosman asked about rental occupancy rates in Eden Prairie. Lindahl
noted that the rental market is currently softening,with 500 newly constructed units
becoming available within the next six months. He noted that the plan presented tonight
is a 15-20 year plan that will likely experience several economic cycles. Lindahl said he
is confident there will be demand for housing in this market eventually.
Mayor Tyra-Lukens asked the consultants what they have experienced with a plan like
this succeeding in the long run. Koegler noted that this project is unique due to the many
different components. He said the project would need to be done in pieces that make
sense, and that each project will build on the ones before it.
Planning Board Member Kathy Nelson said she would like to see LRT in the Golden
Triangle,but that she would also suggest implementing a system of feeder buses that will
take riders right to their doorsteps. Nelson also pointed out that some"big box"retailers
are already considering going into other sites in Eden Prairie. Koegler said this should
not pose a problem since this plan is a hybrid and there are opportunities for a"big box"
or two as well as other types of development in the GTA.
Planning Board Member Ken Brooks said that although he is a pessimist as far as transit
is concerned,he thinks it should be a component of any GTA plan. He is glad the City is
not just waiting for development to happen,but if the City adopts this plan he said they
will really have to go out and market it. He thinks there are some national developers
that may be very excited about the possibilities in this area. He is concerned that some
property owners in the GTA may be overestimating the value of their land. City Planner
Mike Franzen agreed that the City should take a leadership role in GTA redevelopment
and that the area should be diversified. He said the City will need to be very careful
about the first project to come into the area. He said it will be important to make sure the
architecture is appropriate to encouraging a"walkable"area.
Planning Board Member Bill Sutherland said there seems to be heavy emphasis on
transit, and wonders if that is appropriate. He said it seems like a case of the"tail
wagging the dog" since there is no guarantee that LRT will go into GTA.
Councilmember Mosman said she hopes there will be an opportunity to include low-
income housing with any residential component. Lindahl said the City does still have
low income housing goals and will work with developers to include low income units in
residential construction. Lindahl also noted that North American Properties is
considering converting their newly constructed complex near Southwest Station into
ownership condos rather than rental units, since this strategy seems to be working well
elsewhere in the country. Planning Board Member Pete Rocheford said this makes sense
Council Workshop Minutes
April 27 2004—p. 4
since in Eden Prairie condos and town home values are steadily increasing and the resale
market is good.
Planning Board Member Ken Brooks said he thinks the Planning Board and Council
should see the Ryan proposal before adopting the GTA land use plan. Lindahl pointed
out that Ryan has been asked to submit a plan in accordance with the GTA study and they
have indicated they will do so. Franzen said the Ryan plan is still very preliminary, in
part because of what they consider to be a very high price on the Best Buy land.
Council Chamber
II. OPEN FORUM
No one was scheduled to speak at Open Forum.
III. OPEN PODIUM
No one request to speak at Open Podium.
IV. ADJOURNMENT
"VT ,B ,
UNAPPROVED MINUTES
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
Mayor Tyra-Lukens and Parks &Recreation Director Bob Lambert were absent.
Councilmember Case served as Acting Mayor and called the meeting to order at 7:00
p.m.
II. PLEDGE OF ALLEGIANCE
III. COUNCIL FORUM INVITATION
Acting Mayor Case announced that 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. He said Open Forum is reserved for scheduled participants and
advised those who wish to speak to the Council during Open Forum, to contact Ms.
Lorene McWaters in the City Manager's office by calling 952.949.8412 by noon of the
meeting date with their name and subject matter they wish to address.
Case 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. He said
Open Forum and Open Podium are not recorded or televised and the City Council
reserves the right to adjust the time allocations for Open Forum and Open Podium. He
said those with questions about the process or procedures of Open Forum or Open
Podium may contact the City Manager's office.
IV. SENIOR AWARENESS PROCLAMATION
Case read the proclamation designating May, 2004 as Senior Awareness Month in the
City of Eden Prairie. Advisory Board member George Schell thanked the Council for the
proclamation.
9
CITY COUNCIL AGENDA
April 27,2004
Page 2
V. GOOD NEIGHBOR AWARD PRESENTATION
Carla Kress announced that State Farm Companies Foundation sponsors this award for
State Farm associates who volunteer a minimum of 40 hours a year for an eligible non-
profit or government agency. She said Eden Prairie resident and volunteer driver Gordon
Williams has been selected to for the State Farm Foundation Good Neighbor Award for
his community service efforts. Williams has contributed hundreds of hours to the seniors
of Eden Prairie as a Senior Center driver for more than seven years. She said the
recognition includes a$500 grant to the Senior Center on behalf of Mr. Williams work.
Mr. Williams was present and accepted the recognition. Case thanked Mr. Williams and
the State Farm Foundation on behalf of the people of Eden Prairie.
VI. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
MOTION: Young moved, seconded by Mosman, to approve the agenda as published.
Motion carried 4-0.
VII. MINUTES
A. COUNCIL WORKSHOP HELD TUESDAY,APRIL 13,2004
MOTION: Mosman moved, seconded by Butcher,to approve the Minutes of the
City Council Workshop held Tuesday,April 13, 2004. Motion carried 4-0.
B. CITY COUNCIL MEETING HELD TUESDAY,APRIL 13,2004
MOTION: Butcher moved, seconded by Young, to approve the Minutes of the
City Council Meeting held Tuesday,April 13, 2004. Motion carried 4-0.
VIII. CONSENT CALENDAR
A. CLERK'S LICENSE LIST
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 No. 12-2004-PUD-9-2004 for PUD
Zoning District Change and Resolution No. 2004-59 for Site Plan Review)
C. APPROVE SECOND READING OF ORDINANCE NO. 13-2004
REPEALING CITY CODE SECTION 5.45 AND 9.14 AND AMENDING
SECTION 9.15 REGARDING THE REGULATION OF PHOSPHORUS
FERTILIZERS AND ADOPT RESOLUTION NO. 2004-60 APPROVING
SUMMARY ORDINANCE FOR PUBLICATION
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CITY COUNCIL AGENDA
April 27,2004
Page 3
D. ADOPT RESOLUTION NO. 2004-61 APPROVING FINAL PLAT OF
TRAXLER ADDITION
E. ADOPT RESOLUTION NO. 2004-62 APPROVING FINAL PLAT OF
EAGLE RIDGE AT HENNEPIN VILLAGE THREE
F. ADOPT RESOLUTION NO. 2004-63 APPROVING FINAL PLAT OF
LORENCE THIRD ADDITION AND ADOPT RESOLUTION NO. 2004-64
AUTHORIZING EXCHANGE OF PROPERTY
G. APPROVE CHANGE ORDER NO. 1 FOR CRESTWOOD TERRACE
STREET AND UTILITY IMPROVEMENTS PROJECT
H. ADOPT RESOLUTION NO. 2004-65 APPROVING CONSTRUCTION
COOPERATIVE AGREEMENT WITH HENNEPIN COUNTY FOR
INTERSECTION IMPROVEMENTS AT CSAH 4 (EDEN PRAIRIE
ROAD)AND VALLEY VIEW ROAD,I.C. 96-5405
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
J. APPROVE MINOR SUBDIVISION OF BRIARHILL APARTMENTS SITE
K. ADOPT RESOLUTION NO. 2004-66 TO OPPOSE TAX AND
EXPENDITURE LIMITATION PROPOSALS (TABOR AND SIMILAR
PROPOSALS)AT THE MINNESOTA STATE LEGISLATURE
Young requested removing Item K of the Consent Calendar for discussion.
MOTION: Mosman moved, seconded by Butcher, to approve Items A-J of the Consent
Calendar. Motion carried 4-0.
Young said he is concerned that although the TABOR bill which affects state government
might still be alive at the capitol,he doesn't believe this is one that affects local
government and he is concerned about using a resolution which assumes that such a thing
may exist in the future. He said if there was an imminent threat of the legislature passing
a bill which would affect the local ability to appropriate funds,he may be inclined to
favor such a resolution,but since there isn't,he doesn't feel it's appropriate to direct the
state government as to how they should fund themselves. He said it's an element for the
state government to determine.
Young further stated that he considers the resolution as currently drafted as somewhat
loaded. He said in summary,he believes the resolution made some conclusions and
assumptions that he disagreed with.
II
CITY COUNCIL AGENDA
April 27,2004
Page 4
Butcher, a board member on the League of Minnesota Cities, stated it is the position of
the League that they do oppose TABOR and they have tried to get the word out to cities
about the proposal. She said she doesn't know where it is at the legislature,but in all she
has read, she does support the resolution.
Case asked why not send a resolution that would let the legislature know that the Council
would be opposed to something that would occur if it affected cities. He said coming
through the Minnesota League of Cities, it clearly applies to cities.
Young said his point is it is a resolution which covers something that is in many respects
hypothetical. He said he does not agree with the language.
Case said he is comfortable with the League recommending that the cities take a stand
and he would expect that the league would be cognizant of what is happening at the
legislature that could potentially harm cities.
Mosman reported that at the Association of Metropolitan Municipalities breakfast, they
gave a summary of what has happened in a state where this has been in existence. She
said in Colorado it was negatively affecting cities and she will support the resolution.
Butcher said she has also been on policy committees for the AMM and it is also a group
that supports the Minnesota League and cities creating resolutions. She said it is actually
an opposition to TABOR,but a support of resolutions from various cities and she also
supports it.
MOTION: Butcher moved to approve Item K. of the Consent Calendar. Seconded by
Mosman, motion carried 3-1 with Young in opposition.
IX. PUBLIC HEARINGS /MEETINGS
X. PAYMENT OF CLAIMS
MOTION: Mosman moved, seconded by Butcher, to approve the Payment of Claims.
The motion was approved on a roll call vote,with Case,Butcher,Mosman and
Young voting"aye."
XI. ORDINANCES AND RESOLUTIONS
XII. PETITIONS,REQUESTS AND COMMUNICATIONS
A. REQUEST TO COMBINE TWO LAND PARCELS FOR OLYMPIC
HILLS
City Manager Scott Neal stated that the proposal from Olympic Hills Golf Club
includes plans to combine two land parcels to allow them to build a storage
building just west of an existing equipment building located on Mount Curve
Road.He said this will allow the golf club to store miscellaneous supplies and
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CITY COUNCIL AGENDA
April 27,2004
Page 5
materials inside a building rather than outside. 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.
Dietz added in the City Code,there is a provision for a combination or minor
subdivision where two deeds are merged into one.He said if it is approved, a
public hearing will be scheduled to vacate easements along the property line. Case
asked if this could be done at the staff level.Dietz said the City has a stamp that
can be put on back of a deed for minor changes,but it is questionable whether the
county would record this deed without Council approval.
Councilmembers agreed to hear audience concerns on this item.
Willard Olson of 10460 Olympic Circle spoke about his past requests to have the
owners of the property clean it up. He said he is concerned that the property stays
clean once it is cleaned up. Case asked Franzen if the Council would have
leverage once the owners place a building on the property. Franzen said the
property is in a rural zoning district and the site plan review authority does not
apply. He said the enforcement issue of debris and outside materials would be
tagged the same as any commercial property or single family property and
Council could direct staff to use the normal ordinances to make the owners
comply with restricting the outdoor storage of debris and materials.
Case asked if the City is losing leverage by allowing the lots to be put together in
a rural zoning area. Franzen said they are building a building of the same
materials and roof line as the existing building to be compatible with existing
buildings in the area.
A resident on Mt. Curve Road,reported that the owners clean up equipment by
hosing it down and the residue, grass clippings, etc., go down the street and into
the storm sewer in front of his house. He said if there is not enough rain,it
collects and smells like manure. Butcher said she is concerned about this because
grass clippings laden with fertilizer going into a storm sewer is a bad thing. She
asked Dietz what type of recourse the City would have.Dietz said he is unsure
what is available,but staff will certainly look into it.
MOTION: Mosman moved 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.
Seconded by Young, motion carried 4-0.
MOTION:Butcher moved, seconded by Mosman,to ask staff to check into
ordinances and see what kind of enforcement can be done and education about
impacts to water. Motion carried 4-0.
XIII. REPORTS OF ADVISORY BOARDS &COMMISSIONS
13
CITY COUNCIL AGENDA
April 27,2004
Page 6
XIV. APPOINTMENTS
A. ARTS AND CULTURE COMMISSION APPOINTMENT
City Manager Scott Neal said Ms. Soni Styrlund's application for the Arts and
Culture Commission was received after the appointment process for 2004 was
complete earlier this spring. 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.
MOTION: Butcher moved, seconded by Mosman, to appoint Soni Styrlund to
the Arts and Culture Commission for a term to end March 31, 2006. Motion
carried 4-0.
XV. REPORTS OF OFFICERS
A. REPORTS OF COUNCILMEMBERS
B. REPORT OF CITY MANAGER
Neal stated he would like to reverse the order of the following two items.
2. Clean Indoor Air Task Force Update
Neal said it during the preparation of the recommendation,he learned of a
similar program in Bloomington, Edina and Richfield and it is interesting
and comparable enough to what the City was looking at to deserve a little
more consideration. In light of that, he said he delayed the presentation of
the recommendation to the council. There will be more investigation of
what is happening in the other three cities between their representatives and
the task force before the recommendation is brought to the Council at the
last meeting in May.
Case said he wants to make sure when community members are used on
task forces that the Council does not use them and waste their time and
end up doing whatever the Council wants to anyway in the end. He
suggested bringing the task force back together for final analysis before a
Council decision.
1. 2004 Employee Awards
Neal said a presentation recently took place at the State of the City
Address where the following employees were recognized for the 2004
Employee Awards:
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CITY COUNCIL AGENDA
April 27,2004
Page 7
Carl J. Jullie Award for Excellence in Customer Service-Brenda Uting;
Mayor Jean L. Harris, MD Award for Community Service-John Carlon
and Randy Thompson;James G. Clark Award for Excellence in
Teamwork—Sandy Mitchell; City Manager's Quality Award—Kevin
Cassady, Karen Kurt and Leslie Stovring.
Neal said the City is lucky to have a group of high quality employees.
Case thanked Neal for his efforts.
Case noted that he is serving as Acting Mayor tonight because Tyra-Lukens is attending a
recognition event at Eden Prairie High School honoring academic excellence and the
Rotary is honoring the City of Eden Prairie.
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
MOTION: Butcher moved, seconded by Mosman, to adjourn the meeting. Motion
carried 4-0. Acting Mayor Case adjourned the meeting at 7:41 p.m.
15
CITY COUNCIL AGENDA DATE:
May 4, 2004
SECTION: Consent Calendar
DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 01-5548 ITEM NO.:
Engineering Division Approve Traffic Control Signal Agreement for
Randy Newton Traffic Signals associated with the Interchange ____+Improvements on TH 169 at Anderson Lake
Parkway and Pioneer Trail (CSAH 1).
Requested Action
Move to: Adopt resolution approving Traffic Control Signal Agreement No. 86458R
with MnDOT, Hennepin County and the City of Bloomington for the traffic
signals associated with the Interchange Improvements on Trunk Highway-169
at Anderson Lakes Parkway and Pioneer Trail (CSAH 1).
Synopsis
This signal agreement defines the construction, maintenance, operation and electric energy
requirements for the traffic signals that will be installed as part of the Interchange Improvements
on TH 169 at Anderson Lakes Parkway and Pioneer Trail (CSAH 1). With this agreement the
City of Eden Prairie will be responsible for the minor maintenance and electrical energy costs at
the Anderson Lakes Parkway/ Hennepin Town Road / TH 169 West Ramps, the Pioneer Trail
(CSAH 1)/TH 169 West Ramps and the Pioneer Trail (CSAH 1)/Hennepin Town Road traffic
signals.
Background Information
The Minnesota Department of Transportation (MnDOT) is preparing to construct grade separated
interchanges on Highway 169 at Anderson Lakes Parkway and Pioneer Trail. The project requires
new traffic control signals to be constructed at the ramp terminals of each roadway and traffic signal
revisions at the Pioneer Trail / Hennepin Town Road intersection. In order to define the
responsibility of each party MnDOT has prepared a new agreement that meets the need of all
affected parties (MnDOT, Hennepin County, City of Bloomington, and the City of Eden Prairie).
With the agreement the City of Eden Prairie will be responsible for paying the electrical energy and
performing the minor maintenance at one additional signal. This is typical for a project of this type
and consistent with the current practices of all parties.
•
Financial Implications
The Traffic Control Signal Agreement includes an estimated City of Eden Prairie cost share of
$31,843. Due to the federal cost share of 80%this amount is significantly lower than was originally
anticipated for this project.
Attachments
Traffic Control Signal Agreement No. 86458R •
I l7
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO.
•
APPROVE TRAFFIC CONTROL SIGNAL AGREEMENT NO. 86458R
WITH MnDOT,HENNEPIN COUNTY AND THE CITY OF BLOOMINGTON
FOR THE TRAFFIC SIGNALS ASSOCIATED WITH
THE INTERCHANGES IMPROVEMENTS ON TRUNK HIGHWAY 169
AT ANDERSON LAKES PARKWAY AND
PIONEER TRAIL (CSAH 1)
I.C. 01-5548
WHEREAS, the Minnesota Department of Transportation (MnDOT) is preparing to construct
grade separated interchanges on Highway 169 at Anderson Lakes Parkway and at Pioneer Trail, and
WHEREAS, the Highway 169 construction project requires new traffic control signals at
the Anderson Lakes Parkway/ TH 169 West Ramps, the Bloomington Ferry Road / TH
169 East Ramps,the Pioneer Trail (CSAH 1)/TH 169 West Ramps and the Pioneer Trail
(CSAH 1) / TH 169 East Ramps intersections and traffic signal revisions at the Pioneer
Trail(CSAH 1)/Hennepin Town Road intersection, and
WHEREAS, MnDOT, Hennepin County, the City of Bloomington, and the City of Eden Prairie
has determined that it is in the public's best interest to prepare the traffic signal agreements, and
WHEREAS, MnDOT has prepared a traffic control signal agreement that identifies the
construction, maintenance, operation and electrical energy requirements for traffic signals at the
Anderson Lakes Parkway / TH 169 West Ramps, the Bloomington Ferry Road / TH 169 East
Ramps, the Pioneer Trail (CSAH 1)/TH 169 West Ramps, the Pioneer Trail(CSAH 1)/TH 169
East Ramps and the Pioneer Trail (CSAH 1)/Hennepin Town Road intersections, and
NOW,THEREFORE,BE IT RESOLVED by the Eden Prairie City Council that Traffic Control
Signal Agreement No. 86458R for S.P.2776-02 (City Project No. 01-5548) 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 May 4,2004.
Nancy Tyra-Lukens,Mayor
ATTEST: SEAL
Kathleen A.Porta, City Clerk
MINNESOTA TRANSPORTATION DEPARTMENT
TRAFFIC CONTROL SIGNAL
AGREEMENT NO. 86458R
BETWEEN
THE STATE OF MINNESOTA, 'DEPARTMENT OF TRANSPORTATION
AND
THE COUNTY OF HENNEPIN
AND
THE CITY OF BLOOMINGTON
AND
THE CITY OF EDEN PRAIRIE
TO
Remove the existing Traffic Control Signals and install new
Traffic Control Signals with Street Lights, Emergency Vehicle
Pre-emption and Signing on Trunk Highway No. 169 West Ramps at
Anderson Lakes Parkway West Frontage Road and on Trunk Highway
No. 169 West Ramps at County State Aid Highway No. 1 (Pioneer
Trail) in Eden Prairie, and on Trunk Highway No. ; 169 East Ramps
at Bloomington Ferry Road in Bloomington; Install a new Traffic
Control Signal with Street Lights, Emergency Vehicle Pre-emption
and Signing on Trunk Highway No. 169 East Ramps at County State
Aid Highway No. 1 (Pioneer Trail) in Bloomington; Revise the
existing Traffic Control Signal on the West Frontage
Road/Hennepin Town Road at County State Aid Highway No. 1
(Pioneer Trail) in Eden Prairie; Install Interconnect from Trunk
Highway No. 169 West Ramps at Anderson Lakes Parkway West
Frontage Road in Eden Prairie to Bloomington Ferry Road at
Ensign Avenue/Veness Road in Bloomington, and from West Frontage
Road/Hennepin Town Road at County State Aid Highway No. 1
(Pioneer Trail) in Eden Prairie to Trunk Highway No. 169 East
Ramps at County State Aid Highway No. 1 (Pioneer Trail) in
Bloomington; and Provide Maintenance and Electrical Energy for
the existing Traffic Control Signal on Bloomington Ferry Road at
Ensign Avenue/Veness Road in Bloomington, Hennepin County,
Minnesota.
S.P. 2776-02
S.P. 27-601-39, 107-427-05, 107-428-05,and 181-030-02
F.P. NH 0169 (307)
Prepared by Metropolitan District Traffic Engineering
ESTIMATED AMOUNT RECEIVABLE AMOUNT ENCUMBERED
County of Hennepin $15,471 . 00
City of Bloomington $20, 875 .32 None
City Of Eden Prairie $31, 843 . 80 Otherwise Covered
PARTIES
THIS AGREEMENT is entered into by the Minnesota
Department of Transportation, (State) , and the County of
Hennepin, (County) , the City of Bloomington, (Bloomington) , and
the City of Eden Prairie, (Eden Prairie) .
RECITALS
Minnesota Statutes Section 161 .20 authorizes the
Commissioner of Transportation to enter into agreements with any
governmental authority for the purposes of constructing,
maintaining and improving the Trunk Highway system.
The State has determined that there is justification
and it is in the public ' s best interest to remove the existing
traffic control signals and install new traffic control signals
including street lights and signing, (Traffic Control Signal (s) )
on Trunk Highway No. 169 West Ramps at Anderson Lakes Parkway
West Frontage Road (System "A") , on Trunk Highway No. 169 East
Ramps at Bloomington Ferry Road (System "B") , on Trunk Highway
No. 169 West Ramps at County State Aid Highway No. 1 (Pioneer
Trail) (System "C") ; install a new traffic control signal
including street lights and signing (Traffic Control Signal (s) )
on Trunk Highway' No. 169 East Ramps at County State Aid Highway
No. 1 (Pioneer Trail) (System "D" ) ; revise the existing Traffic
Control Signal, (Traffic Control Signal (s) ) on the West Frontage
Road/Hennepin Town Road at County State Aid Highway No. 1
8645 R
(Pioneer Trail) (Revise System "A") ; and install traffic signal
interconnect, (Interconnect) from Trunk Highway No. 169 West
Ramps at Anderson Lakes Parkway West Frontage Road to
Bloomington Ferry Road at Ensign Avenue/Veness Road
(Interconnect System "A") and from West Frontage Road/Hennepin
Town Road at County State Aid Highway No. 1 (Pioneer Trail) to
Trunk Highway No. 169 East Ramps at County State Aid Highway
No. 1 (Pioneer Trail) (Interconnect System "B") ; 'and provide
maintenance and electrical energy for the existing traffic
control signal, (Traffic Control Signal) on Bloomington Ferry
Road at Ensign Avenue/Veness Road
Eden Prairie and Bloomington request and the State
agrees to the installation of Emergency Vehicle Pre-emption
Systems, (EVP System(s) ) , as a part of the new and revised
Traffic Control Signal installations.
It is anticipated that the new and revised Traffic
Control Signal, EVP System and Interconnect work is eligible for
80 percent Federal-aid National Highway Funds .
It is considered in the public 's best interest for the
State to provide two master controllers and five new controllers
and cabinets (State-furnished Materials) for the new and revised
Traffic Control Signals.
The County, Eden Prairie, Bloomington, and the State
will participate in the cost, maintenance and operation of the
new and revised Traffic Control Signals, EVP Systems, and
86418R
Interconnect and the maintenance and electrical energy of the
existing Traffic Control Signal.
CONTRACT
1 . The State will prepare the necessary plan,
specifications and proposal, (Preliminary Engineering) . The
State will also perform all necessary construction inspection,
(Construction Engineering) .
2 . The Cost of Construction, (Construction Cost)
consists of the contract cost of the work or, if the work is not
contracted, the actual cost of all labor, materials, and
equipment rental required to complete the work. Construction
Cost does not include the cost of providing the power supply to
the service poles or pads.
3 . The State, with its own resources or by contract,
will perform the Traffic Control Signal, the EVP System and
Interconnect work pursuant to State Project No. 2776-02, State
Project No. ' s 27-601-39, 107-427-05, 107-428-05 and 181-030-02
and Federal Aid Project No. NH 0169 (307) with the Construction
Costs shared as follows:
a. Trunk Highway No. 169 West Ramps at Anderson -
Lakes Parkway West Frontage Road.
System "A" . Traffic Control Signal and EVP
System. Estimated Construction Cost is
$200, 000.00 which includes a lump sum amount
864 8R
of $19, 000 . 00 for State Furnished Materials.
Anticipated Federal share is 80 percent.
Anticipated State share is 8 percent . Eden
Prairie share is 12 percent .
b. Trunk Highway No. 169 East Ramps at
Bloomington Ferry Road. System "B" .
Traffic Control Signal and EVP System.
Estimated Construction Cost is $175, 000.00
which includes a lump sum amount of
$19, 000.00 for State Furnished Materials.
Anticipated Federal share is 80 percent.
Anticipated State share is 15 percent.
Bloomington share is 5 percent.
c. Trunk Highway No. 169 West Ramps at County
State Aid Highway No. 1 (Pioneer Trail) .
System "C" . Traffic Control Signal and EVP
System. Estimated Construction Cost is
$175, 000 . 00 which includes a lump sum amount
of $19, 000 . 00 for State Furnished Materials.
Anticipated Federal share is 80 percent.
Anticipated State share is 15 percent.
County share is 5 percent.
d. Trunk Highway No. 169 East Ramps at County
State Aid Highway No. 1 (Pioneer Trail)
864 8R
System "D" . Traffic Control Signal and EVP
System. Estimated Construction Cost is
$175, 000 .00 which includes a lump sum amount
of $19, 000 . 00 for State Furnished Materials.
Anticipated Federal share is 80 percent.
Anticipated State share is 15 percent .
Bloomington share is 5 percent.
e. West Frontage Road/Hennepin Pown Road at
County State Aid Highway No. 1 (Pioneer
Trail) . Revise System "A" . Traffic Control
Signal and EVP System. Estimated
Construction Cost is $46, 000 . 00 which
includes a lump sum amount of $19, 000 . 00 for
State Furnished Materials. Anticipated
Federal share is 80 percent . County share is
10 percent . Eden Prairie share is 10
percent.
f. From Trunk Highway No. 169 West Ramps at
Anderson Lakes Parkway West Frontage Road in
Eden Prairie to Bloomington Ferry Road at
Ensign Avenue/Veness Road in Bloomington.
Interconnect System "A" . Estimated
Construction Cost is $16, 000. 00 which
includes a lump sum amount of $7, 000 .00 for
State Furnished Materials. Anticipated
864 8R
Federal share is 80 percent. Anticipated
State share is 7 . 10 percent. Eden Prairie
share is 3 .50 percent . Bloomington share is
9.40 percent .
g. From West Frontage Road/Hennepin Town Road
at County State Aid Highway No. 1 (Pioneer
Trail) in Eden Prairie to Trunk Highway No.
169 East Ramps at County State* Aid Highway
No. 1 (Pioneer Trail) in Bloomington.
Interconnect System "B" . Estimated
Construction Cost is $13, 000. 00 which
includes a lump sum amount of $7, 000 . 00 for
State Furnished Materials. Anticipated
Federal share is 80 percent . Anticipated
State share is 7 .50 percent . County share is
7.50 percent. Eden Prairie share is 2 .50
percent . Bloomington share is 2 .50 percent
4 . Upon execution of this agreement, award of the
Construction Contract, and receipt of State' s written request,
the County, Eden Prairie, and Bloomington will make an advance
payment to the State of their project costs. The County' s, Eden
Prairie's, and Bloomington' s project costs will be the sum of
the following:
a. The County's, Eden Prairie's, and
Bloomington's share (as specified in
864 8R
Paragraph 3) , based on the actual bid prices
and the lump sum State Furnished Material
costs.
b. Eight percent of their share [Item (a)
above] for the cost of Engineering and
Inspection.
5 . Upon completion and final State acceptance of the
project, the County' s, Eden Prairie' s, and Bloomington' s final
project costs will be the sum of the following:
a. The County' s, Eden Prairie' s, and
Bloomington' s share (as specified in
Paragraph 3) , based on the actual
Construction Cost and the lump sum State
Furnished Materials costs.
b. Eight percent of their final share [Item (a)
above] for the cost of Engineering and
Inspection.
If the amount of the funds advanced by a party
exceeds the party' s final project costs, the excess will be
promptly returned to the party without interest . If the amount
of funds advanced by a party is less than the party' s final
project costs, the party will promptly pay the balance to the
State.
6 . Eden Prairie will be responsible for the cost and
application to secure an adequate power supply to the service
864 8R
�5
pads or poles (Systems "A" , "C" , and Revise System "A") . Upon
completion of this project (Systems "A", "C" , and Revise System
"A") , Eden Prairie will thereafter pay all monthly electrical
service expenses necessary to operate the Traffic Control
Signals and EVP Systems.
7 . Upon completion of this project (Systems "A" and
"C") , Eden Prairie will, at its cost and expense: (1) relamp
the new traffic control signal and street lights)-2.(2) clean and
paint (Federal color # 10070) the new traffic control signals,
cabinets and luminaire mast arm extensions; and (3) maintain the
luminaires and all its components, including replacement of the
luminaire if necessary. The State will, at its cost and expense,
maintain the signing and interconnect and perform all other
traffic control signal and street light maintenance.
8 . Upon completion of this project (Revise System
"A") , Eden Prairie will, at its cost and expense: (1) relamp the
revised traffic control signal and street lights; (2) clean and
paint (Federal color #10070) the revised traffic control signal,
cabinet and luminaire mast arm extensions; and (3) maintain the
luminaires and all its components, including replacement of the
luminaire if necessary. The State will maintain the traffic
control signal cabinet and control equipment, repair knockdowns
of the revised Traffic Control Signal System and perform all
other revised traffic control signal and street light
maintenance, and be responsible for timing and operation of the
864 8R
a6
revised Traffic Control Signal, all on a reimbursable basis with
the County.
9 . Bloomington will be responsible for the cost and
application to secure an adequate power supply to the service
pads or poles (Systems "B" , "D" , and Existing Traffic Control
Signal) . Upon completion of this project (Systems "B" , "D" , and
Existing Traffic Control Signal) , Bloomington will thereafter
pay all monthly electrical service expenses necessary to operate
the Traffic Control Signals and EVP Systems.
10 . Upon completion of this project (Systems "B" and
"D") , Bloomington will, at its cost and expense: (1) relamp the
new traffic control signal and street lights; (2) clean and
paint (Federal color #10070) the new traffic control signals,
cabinets and luminaire mast arm extensions; and (3) maintain the
luminaires and all its components, including replacement of the
luminaire if necessary. The State will, at its cost and expense,
maintain the signing and interconnect and perform all other
traffic control signal and street light maintenance.
11 . Upon completion of this project (Existing Traffic
Control System) , Bloomington will, at its cost and expense: (1)
relamp the existing traffic control signal and street lights;
(2) clean and paint (Federal color #10070) the existing traffic
control signal, cabinet and luminaire mast arm extensions; and
(3) maintain the luminaires and all its components, including
replacement of the luminaire if necessary. The State will
864 8R
maintain the traffic control signal cabinet and control
equipment, repair knockdowns of the existing Traffic Control
Signal System and perform all other existing traffic control
signal and street light maintenance, and be responsible for
timing and operation of the existing Traffic Control Signal, all
on a reimbursable basis with Bloomington.
12 . The EVP Systems will be installed, operated,
maintained, or removed in accordance with the following
conditions and requirements :
a) All maintenance of the EVP Systems
(System "A" , "B" , "C" , and "D" ) must be done
by State forces.
b) All maintenance of the EVP System (Existing
Traffic Control System) , including timing
will be performed by the State, all on a
reimbursable basis with Bloomington.
c) All maintenance of the EVP System (Revise
System "A") , including timing will be
performed by the State, all on a
reimbursable basis with the County.
d) Emitter units may be installed only on
authorized emergency vehicles, as defined in
Minnesota Statutes Section 169 . 01,
Subdivision 5 . Authorized emergency
vehicles may use emitter units only when
864 8R
-1 -
responding to an emergency. Eden Prairie
and Bloomington will provide the State' s
Assistant Division Engineer or his
designated representative a list of all
vehicles with emitter units .
d) Malfunction of the EVP Systems must be
reported to the State immediately.
e) In the event the EVP Systems':or its
components are, in the opinion of the State,
being misused or the conditions set forth in
Paragraph b above are violated, and such
• misuse or violation continues after Eden
Prairie and/or Bloomington receives written
notice from the State, the State may remove
the EVP Systems. Upon removal of the EVP
Systems pursuant to this Paragraph, all of
its parts and components become the property
of the State.
f) All timing of the EVP Systems (Systems "A" ,
"B" , "C" , and "D") will be determined by the
State.
864 8R
13 . The State and the County will enter into Traffic
Control Maintenance Agreement No. 86460-R for the intersection
of West Frontage Road/Hennepin Town Road at County State Aid
Highway No. 1 (Pioneer Trail) covering maintenance of the
traffic signal cabinet and control equipment, maintenance of the
EVP System, repair of knockdowns of the Traffic Control Signal
System, and performance of all other traffic control signal and
street light maintenance not performed by Eden Prairie, and the
responsibility for the timing and operation of the Traffic
Control Signal and EVP System by State Forces and the terms and
conditions covering payment by the County.
14 . The State and Bloomington will enter into Traffic
Control Maintenance Agreement No. 86459-R for the intersection
of Bloomington Ferry Road at Ensign Avenue/Veness Road covering
maintenance of the traffic signal cabinet and control equipment,
maintenance of the EVP System, repair of knockdowns of the
Traffic Control Signal System, and performance of all other
traffic control signal and street light maintenance not
performed by Bloomington, and the responsibility for the timing
and operation of the Traffic Control Signal and EVP System by
State Forces and the terms and conditions covering payment by
Bloomington.
15 . Final plans and specifications for construction
of the traffic control signal work provided in Paragraph 3 will
864i8R
- 30
have County approval prior to award of construction contract by
the State. Said County approval will be evidenced by signature
of the County Engineer in the designated space therefore on the
original plan.
16 . The construction work provided for herein will be
under the direction and supervision of the State. It is agreed,
however, that the County will have the right to periodically
inspect the cost sharing construction work provided for in
Paragraph 3 . The State will have the exclusive right to
determine whether the work has been satisfactorily performed by
the State' s Contractor.
17 . The State will insert in any contract with the
successful bidder a clause requiring the successful bidder to
hold the County, Eden Prairie, and Bloomington harmless and also
clauses requiring the successful bidder to provide and maintain
insurance, all as follows :
a) The Contractor agrees to defend, indemnify
and hold harmless the County, Eden Prairie,
and Bloomington, their 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 Contractor, its
864 8R
-1 - � �
subcontractors, anyone directly or
indirectly employed by them, and/or anyone
for whose acts and/or omissions they may be
liable in the performance of the services
required by this Contract, and against all
loss by reason of injuries or damages
received or sustained by a person, persons,
or property on account of thy` operations of
the Contractor or any subcontractor or their
agents or employees; or on account of or in
consequence of any neglect in safeguarding
the work; or through use of unacceptable
materials in constructing the work; or
because of any environmental damage or
hazardous material damage caused by or
resulting from the Contractor' s activities;
or because of any act or omission, neglect,
or misconduct of the Contractor; or because
of any claims arising or amounts recovered
from infringements of patent, trademark, or
copyright; or because of any claims arising
or amounts recovered under the Worker' s
Compensation Act; or under any other law,
ordinance, order or decree, or due to the
failure of the Contractor to perform fully,
864 8R
in any respect, all obligations under this
Contract .
b) In order to protect itself and Hennepin
County the Contractor will at all times
during the term of this Contract, and beyond
such term when so required, have and keep in
force the following insurance coverages :
1 . Commercial General Liability on an
occurrence basis with Contractual
Liability and Explosion, Collapse, and
Underground Property Damage (XCU)
Liability coverages :
- General Aggregate Limit $1, 000, 000
- Products--Completed Operations
Aggregate Limit $1, 000, 000
- Personal and Advertising Injury
Aggregate Limit $1, 000, 000
- Each Occurrence - Combined Bodily
Injury and Property Damage
Limit $1, 000, 000
864 8R
- - 33
2 . Automobile Liability
- Combined single limit each
occurrence coverage for bodily
injury and property damage
covering owned, non-owned, and
hired automobiles. Limit
$1, 000, 000
3 . Workers' Compensation acid Employer' s
Liability:
(A) Workers' Compensation Limit - per
Minnesota Statutes .
If the Contractor is based outside
the State of Minnesota, coverage
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
c) An umbrella or excess policy over primary
liability insurance 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
864 8R
Contractor to determine the need for and to
procure additional insurance which may be
needed in connection with this contract.
Copies of insurance policies will be
submitted to the County upon written
request .
d) The Contractor will not commence work until
the Contractor has obtainedrequired
insurance and filed with the County a
properly executed and acceptable Certificate
of Insurance which clearly evidences all
required insurance coverages. The
certificate will name Hennepin County as
certificate holder, and will also name
Hennepin County, Eden Prairie, and
Bloomington as additional insureds for the
Commercial General Liability coverage with
respect to operations covered under the
Contract. The certificate should also show
that Hennepin County will receive 30 days
prior written notice in the event of
cancellation, nonrenewal, or material change
in any described policies .
The Contractor will furnish to the County
updated certificates during the term of the
864 8R
Contract as insurance policies expire. If
the Contractor fails to furnish proof of
insurance coverage, the County through the
State may cause payments to be withheld from
the Contractor, and/or may pursue any other
right or remedy allowed under the Contract,
law, equity, and/or statute.
e) The County agrees to pay to the State the
total amount of the liability insurance
coverage premium costs, described herein,
incurred by the State ' s Contractor for State
Project No. 2776-02 in procuring and
maintaining for the duration of the
Contractor' s contractual obligation to said
State project . As such time, be it one or
more, as the said State' s Contractor
furnishes the State with a certified
statement of the insurance premium costs the
Contractor has incurred on procuring the
aforesaid insurance coverage, the State will
invoice the County for the total amount of
the insurance premium costs set forth in
said certified statement from the
Contractor, and the County will, upon
864 8R
-1 - 14
receipt of said invoice, promptly make
payment thereof to the State.
18 . All timing of the new Traffic Control Signals
(Systems "A" , "B" , "C" , and "D") will be determined by the
State, and no changes may be made except with the approval of
the State.
19. Each party will be solely responsible for its own
acts and omissions, and the results thereof, to the extent
authorized by law. The State's liability is governed by the
Minnesota Tort Claims Act, Minnesota Statutes Section 3 .736 and
the County' s, Eden Prairie's, and Bloomington' s liability is
governed by MSS Chapter 466. Each party will be solely
responsible for its own employees for any Workers Compensation
Claims.
20 . Upon execution and approval by the County, Eden
Prairie, Bloomington, and the State and completion of the
construction work provided for herein, this agreement will
supersede and terminate the operation and maintenance terms of
any existing agreements that may exist between the Parties.
21. Any amendment to this Agreement must be in
writing and will not be effective until it has been executed and
approved by the same parties who executed and approved the
original Agreement, or their successors in office.
86t8R
22 . If any party fails to enforce any provisions of
this Agreement, that failure does not waive the provision or its
right to enforce it .
23 . This Agreement contains all negotiations and
agreements between the parties. No other understanding
regarding this Agreement, whether written or oral, may be used
to bind either party.
24 . Minnesota law governs this contraC:t . Venue for
all legal proceedings arising out of this Agreement, or its
breach, must be in the appropriate state or federal court with
competent jurisdiction in Ramsey County, Minnesota.
25 . This Agreement is effective on the date the State
obtains all required signatures under Minnesota Statutes 16C. 05,
Subdivision 2 , and will remain in effect until terminated by
written agreement of the parties. The State may immediately
terminate this Agreement at any time if it does not obtain
funding from the Minnesota legislature, or other funding source,
or if funding cannot be continued at a level sufficient to
complete the work under this Agreement .
864 8R
-2 - 3O
COUNTY OF HENNEPIN
ATTEST: By:
Chair of its County Board
By:
Deputy/Clerk of the County Date:
Board
And:
Date: Assistant/Deputy/County
Administrator
APPROVED AS TO FORM:
Date:
By:
Assistant County Attorney And:
Assistant County
Date: Administrator, Public Works
and County Engineer
APPROVED AS TO EXECUTION:
Date:
By: RECOMMENDED FOR APPROVAL:
Assistant County Attorney
By:
Date:
Director, Transportation
Department
Date:
This certifies that the signatories for the
County have lawful authority, by virtue of
board resolution, to bind the County to the
terms of this Agreement.
864 8R
- - 3
CITY OF BLOOMINGTON
RECOMMEND FOR APPROVAL:
By:
City Attorney Mayor
Date :
By:
City Manager
Date :
864 8R
-2 - 2.1U
CITY OF EDEN PRAIRIE
APPROVED AS TO FORM: By:
Mayor
City Attorney Date:
By:
City Manager
Date :
864 8R
DEPARTMENT OF TRANSPORTATION DEPARTMENT OF TRANSPORTATION
RECOMMENDED FOR APPROVAL:
By:
Metropolitan District State Design Engineer
Engineer
Date:
COMMISSIONER OF ADMINISTRATION As to form and execution:
As delegated to Materials
Management Division By:
Contract Management
By: Date :
Date:
864 8R
- 4-
RESOLUTION
BE IT RESOLVED that the City of Bloomington enter into an
agreement with the State of Minnesota, Department of
Transportation for the following purposes, to wit :
To remove the existing Traffic Control Signals and install new
Traffic Control Signals with Street Lights, Emergency Vehicle
Pre-emption and Signing on Trunk Highway No. 169 West Ramps at
Anderson Lakes Parkway West Frontage Road and on Trunk Highway
No. 169 West Ramps at County State Aid Highway No. 1 (Pioneer
Trail) , and on Trunk Highway No. 169 East Ramps at Bloomington
Ferry Road; Install a new Traffic Control Signal with Street
Lights, Emergency Vehicle Pre-emption and Signing on Trunk
Highway No. 169 East Ramps at County State Aid:Highway No. 1
(Pioneer Trail) ; Revise the existing Traffic Control Signal on
the West Frontage Road/Hennepin Town Road at County State Aid
Highway No. 1 (Pioneer Trail) ; Install Interconnect from Trunk
Highway No. 169 West Ramps at Anderson Lakes Parkway West
Frontage Road to Bloomington Ferry Road at Ensign Avenue/Veness
Road and from West Frontage Road/Hennepin Town Road at County
State Aid Highway No. 1 (Pioneer Trail) to Trunk Highway No.
169 East Ramps at County State Aid Highway No. 1 (Pioneer
Trail) ; and Provide maintenance and electrical energy for the
existing Traffic Control Signal on Bloomington Ferry Road at
Ensign Avenue/Veness Road in accordance with the terms and
conditions set forth and contained in Agreement No. 86458R,a
copy of which was before the Council.
BE IT FURTHER RESOLVED that the proper City officers
be and hereby are authorized to execute such agreement and any
amendments, and thereby assume for and on behalf of the City all
of the contractual obligations contained therein.
CERTIFICATION
•
State of Minnesota, County of Hennepin, City of Bloomington, and City of
Eden Prairie.
I hereby certify that the foregoing Resolution is a
true and correct copy of a resolution presented to and adopted
by the Council of the City of Bloomington at a duly authorized
meeting thereof held on the day of , 2004,
as shown by the minutes of said meeting in my possession.
(Seal) City Manager
RESOLUTION
BE IT RESOLVED that the City of Eden Prairie enter into an
agreement with the State of Minnesota, Department of
Transportation for the following purposes, to wit :
To remove the existing Traffic Control Signals and install new
Traffic Control Signals with Street Lights, Emergency Vehicle
Pre-emption and Signing on Trunk Highway No. 169 West Ramps at
Anderson Lakes Parkway West Frontage Road and on Trunk Highway
No. 169 West Ramps at County State Aid Highway No. 1 (Pioneer
Trail) , and on Trunk Highway No. 169 East Ramps at Bloomington
Ferry Road; Install a new Traffic Control Signal with Street
Lights, Emergency Vehicle Pre-emption and Signing on Trunk
Highway No. 169 East Ramps at County State Aid. Highway No. 1
(Pioneer Trail) ; Revise the existing Traffic Control Signal on
the West Frontage Road/Hennepin Town Road at County State Aid
Highway No. 1 (Pioneer Trail) ; Install Interconnect from Trunk
Highway No. 169 West Ramps at Anderson Lakes Parkway West
Frontage Road to Bloomington Ferry Road at Ensign Avenue/Veness
Road and from West Frontage Road/Hennepin Town Road at County
State Aid Highway No. 1 (Pioneer Trail) to Trunk Highway No.
169 East Ramps at County State Aid Highway No. 1 (Pioneer
Trail) ; and Provide maintenance and electrical energy for the
existing Traffic Control Signal on Bloomington Ferry Road at
Ensign Avenue/Veness Road in accordance with the terms and
conditions set forth and contained in Agreement No. 86458R, a
copy of which was before the Council .
BE IT FURTHER RESOLVED that the proper City officers be and
hereby are authorized to execute such agreement and any
amendments, .and thereby assume for and on behalf of the City all
of the contractual obligations contained therein.
CERTIFICATION
State of Minnesota, County of Hennepin, City of Bloomington, and City of
Eden Prairie.
I hereby certify that the foregoing Resolution is a
true and correct copy of a resolution presented to and adopted
by the Council of the City of Eden Prairie at a duly authorized
meeting thereof held on the day of , 2004,
as shown by the minutes of said meeting in my possession.
(Seal) City Manager
yy
CITY COUNCIL AGENDA DATE:
May 4,2004
SECTION: Consent Calendar
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Engineering Grading Permit for Backyard Fill at 16751 -r__i . J�Z
Randy L. Slick Stirrup Lane v
Requested Action
Move to: Authorize issuance of grading permit to Charles and Diane Wilkins for the
placement of fill at 16751 Stirrup Lane.
Synopsis
Charles and Diane Wilkins are requesting City approval for the placement of approximately
2000 cubic yards of fill to be placed in their backyard. The proposed fill area would allow for a
larger and more useable backyard area. All down slope areas from graded area will be protected
with silt fence. Staff recommends permit approval.
Background Information
The proposed fill area and larger backyard is consistent with adjacent properties within the
neighborhood. Engineering staff has reviewed the plans for conformance to our standards for
erosion control and drainage. Community Development staff has reviewed the proposal for
conformance to City Code. The proposal is in conformance with City Code and policy related to
erosion control.
Attachments
Le
•
•
Surveyor's Certificate .
SURVEY FOR :WOODDALE .BUILDERS
DESCR I BED AS :Lot I, [lock 3, RILEY CREEK RIDGE, City of Eden Prair-e, Hennepin
. County, Miriiibsota and reserving eusernents of re:-ord.
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PROPOSED LLLLVATIOnis • .
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Top of Foundation . = 845.1 �— 3,s•t
Garage Floor = 86,1.7 rl.,,- F:$6 1.I
Basement Floor = tt57.o •
-
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Proposed Elev. =C.__� MIN, SI IFJACIC REQUIREMENTS
Existing Elev. = —•-_.-- .—._'--} ......
Drbinoge'Directions =---- - Front -•3p House Side — in
Denotes Offset Stoke = • SG.,.E: I I.,,:I, - J, flint Rear --20 Garage Side—5
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CITY COUNCIL AGENDA DATE:
May 4, 2004
SECTION: Consent Calendar
DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 96-5405 ITEM NO.:
Engineering Award Contract for Intersection Improvements
Rodney W. Rue at CSAH 4 (Eden Prairie Road) and Valley ,C
View Road
Requested Action
Move to: Adopt resolution awarding contract for intersection improvements at CSAH 4
(Eden Prairie Road) and Valley View Road to Valley Paving, Inc. in the
amount of$1,694,930.86.
Synopsis
Sealed bids were received on Thursday, April 22, 2004 for this project. Six (6) bids were
received and are summarized in the attached consultant's recommendation letter. The low bid
was received from Valley Paving, Inc. in the amount of $1,694,930.86. The low bid is 22%
below the engineer's estimate of$2,169,552. Staff recommends awarding the contract to Valley
Paving, Inc.
Background Information
Hennepin County is responsible for the construction administration on this project and is
currently working on acquiring all necessary right-of-way. A Construction Cooperative
Agreement is under consideration at the April 27, 2004 council meeting which defines the
financial, maintenance and project responsibilities for the project. As defined in the Agreement
and based on the engineer's estimate, the City's share is approximately $1,480,200. However,
with the low bid being about 22% below the engineer's estimate, the City's share of the
construction costs will be lower. This project is being financed almost entirely with State Aid
funds.
Attachments
Consultant's recommendation letter
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO.
RESOLUTION ACCEPTING BID
WHEREAS,pursuant to an advertisement for bids for the following improvement:
I.C.96-5405—Intersection Improvements at CSAH 4 and Valley View Road
Bids were received, opened and tabulated according to law. Those bids received are shown on the
attached Summary of Bids; and
WHEREAS,the City Engineer recommends award of Contract to
Valley Paving,Inc.
NOW,THEREFORE,BE IT RESOLVED by the Eden Prairie City Council as follows:
The Mayor and City Manager are hereby authorized and directed to enter in a Contract with
Valley Paving, Inc. in the name of the City of Eden Prairie in the amount of$1,694,930.86 in
accordance with the plans and specifications thereof approved by the Council and on file in
•
the office of the City Engineer.
ADOPTED by the Eden Prairie City Council on May 4,2004.
Nancy Tyra-Lukens,Mayor
ATTEST: SEAL
Kathleen A. Porta, City Clerk
CONSULTING G ROUP , INC .
Transportation■Civil•Structural •Environmental •Planning •Traffic•Landscape Architecture •Parking
SRF No. 0014391 0120
April 26, 2004
Mr.Rod Rue,P.E.
Assistant City Engineer •
CITY OF EDEN PRAIRIE
• 8080 Mitchell Road
Eden Prairie, MN 55344
Dear Rod: .
SUBJECT: CSAH 4/VALLEY VIEW ROAD
CITY PROJECT No. 96-5405 •
COUNTY PROJECT No. 97-26
Sealed bids were received for the referenced project on Thursday, April 22, 2004, at the
Eden Prairie City Hall. A total of six (6) bids were received. All bids have been reviewed and
there were minor errors in the proposals from Eureka Construction and Hardrives, Inc. At the
bid opening, Northwest Asphalt, Inc. was the apparent low bidder. When their bid was checked,
an addition error in the amount of$120,000 was discovered. When this error is corrected, they •
are not the low bidder. The following is a tabulation of all corrected bids:
Contractor Bids
Valley Paving, Inc. $1,694,930.86
Northwest Asphalt, Inc. $1,710,062.83
Midwest Asphalt Corporation $1,783,528.49
Hardrives, Inc. $1,789,667.77 •
Eureka.Construction $1,889,987.50
C.S. McCrossan Construction Company $1,936,137.47
The Engineer's Estimate, based on the bid documents, is $2,169,552. The apparent lowest bid is
22% below this estimate. The four (4)•lowest bids had a spread of 5%. A complete bid abstract .
is attached.
One Carlson Parkway North, Suite 150, Minneapolis, MN 55447-4443
Telephone (763) 475-0010 ■ Fax (763) 475-2429 • http://www.srfconsulting.com
An Equal Opportunity Employer
Mr. Rod Rue, P.E. -2 - April 26, 2004
The apparent low bidder, Valley Paving, Inc. has been the prime contractor on other projects
where SRF has been the Engineer and also on other Hennepin County projects. It is our
recommendation that this contract be awarded to Valley Paving, Inc. in the amount of
$1,694,930.86.
If you have any questions, please feel free to contact us.
•
• Sincerely,
SRF CONSULTING GROUP INC.
Fred G.Moore,P.E. • . .
Senior Associate •
FGM/bls
Attachment .
cc: Alan Gray, City Engineer, City of Eden Prairie •
Craig Twinem, Hennepin Coin •
Matt Hansen, SRF Consulting Group, Inc. • .
•
•
•
s.•
•
•
•
vV
CITY COUNCIL AGENDA DATE:
May 4,2004
SECTION: Consent Calendar
DEPARTMENT: ITEM DESCRIPTION: ITEM NO.:
Public Works Authorize Staff to Negotiate Purchase of
Eugene A. Dietz / Property at 6600 175th Avenue West VtT 'T).
L
Requested Action
Move to: Authorize staff to negotiate a Purchase Agreement with Allan and Beverly
Johnson to acquire their home at 6600 175th Avenue West.
Synopsis
In 1991, City of Eden Prairie attempted to acquire an easement through the Johnson property that
would allow construction of sanitary sewer and watermain and eliminate a lift station from our
system. That attempt failed. Recently, however, the Johnson's have decided to sell their home
and have offered the City first opportunity to acquire the property. This Council action will
initiate a process that allows staff to acquire the property, construct the utilities, record an
easement against the property and resell the home.
Background Information
The lift station serving this neighborhood was constructed over 30 years ago. Approximately 15
years ago when a new neighborhood to the west of 175th Avenue—Boyd Avenue—was created,
staff made provisions for a sewer extension that would allow the lift station to be abandoned.
The initial cost of a lift station is approximately $100,000 and the present worth of on-going
maintenance and operation of a lift station is another$100,000. Beyond the cost implications of
ownership and operation, a lift station represents a mechanical device that is prone to failure and
a potential for sewer backups within the service area. Staff was unable to secure an easement
from the Johnson's in 1991 to allow this construction and lift station abandonment to occur.
The Johnson's are asking approximately $290,000 for their home and staff has secured an
appraisal that generally supports that value. With Council approval, staff will negotiate a
purchase agreement and proceed to a closing to acquire the property. Although there is a minor
risk that market conditions could change and we may not be able to resell the property for the
exact purchase price, we estimate that at least $75,000 can be saved in O&M costs for the lift
station once it is abandoned (after approximately $25,000 expenditures to remove the list station
and construct the service lines). Therefore, although we are confident in being able to resell the
property at or near the purchase price, there is ample opportunity to effectively save money as a
result of the entire abandonment and resale of the property.
Staff recommends Council approval of the acquisition.
51
CITY COUNCIL AGENDA DATE:
May, 4, 2004
SECTION: Consent Calendar
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Fire Department Resolution of Appreciation for Congressman John
George F. Esbensen Kline L
Requested Action
Move to: Adopt Resolution of Appreciation for Congressman John Kline
Synopsis
The city of Eden Prairie along with 10 other cities is involved in a joint powers agreement for
ownership of the WAFTA site in the western metro. The site has potential environmental
contamination issues and the joint powers group has been seeking to discover the extent of the
problem and the parties responsible for the clean-up of the site. The cost of the study was
prohibitive for many of the joint powers members. Congressman John Kline secured funding for
a more comprehensive study in order to determine the extent of the mitigation needs and to help
determine responsibility for the contamination. Congressman Kline's assistance is a great help in
moving the process forward.
Attachments
Resolution
5a
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO.2004-
RESOLUTION OF APPRECIATION FOR CONGRESSMAN JOHN KLINE
WHEREAS,WAFTA(Western Area Fire Training Association)is a joint power entity
created pursuant to the authority of Minn. Stat. 471.59; and
WHEREAS,the following 11 cities are members of WAFTA:
• Chanhassen
• Chaska
• Eden Prairie
• Excelsior
• Long Lake
• Maple Plain
▪ Mayer
• Mound
• St. Bonifacious
• Victoria
• Watertown
WHEREAS,WAFTA was created to acquire a site for the member cities to utilize as a
fire training facility at which full time and volunteer fire fighters who serve the 11 member cities
could develop and improve their fire fighting capabilities; and
WHEREAS,in 1974, WAFTA purchased a vacated Nike Missile Battery Launch Site
("site") form the Department of Defense for the purposes of conducting fire training exercises.
The site is located in Watertown Township on the eastern edge of Carver County; and
WHEREAS,the members of WAFTA desire to conduct an environmental study of the
site; and
WHEREAS,Congressman Kline led an effort to secure$250,000 for the Department of
the Army to begin investigating the site currently owned by WAFTA; and
WHEREAS,without securing this funding it is unlikely a site investigation would have
been conducted.
NOW THEREFORE,BE IT RESOLVED by the City Council of Eden Prairie,
Minnesota:
1. The City is a member of WAFTA and has an interest in conducting an
environmental investigation of the WAFTA site; and
53
2. The City commends Congressman Kline's efforts to secure the necessary funding
to begin the process of investigating the WAFTA site.
ADOPTED by the City Council of the City of Eden Prairie this 4th day of May, 2004.
Nancy Tyra-Lukens, Mayor
ATTEST:
Kathleen Porta, City Cleric
541
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar May 4,2004
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Police TTIT , F,
Robert L.Reynolds Approval of 2004 Towing Services Agreement
Requested Action
Move to: Approve renewal of the Agreement for Towing Services between the City of Eden Prairie
and Matt's Auto Service for the year 2004.
Synopsis
This agreement for Towing Services will provide consistency of towing services and costs.
Background Information
For 43 years Matt's Auto Service (6282 Industrial Drive, Eden Prairie) has been acting as the
official towing agency for the City of Eden Prairie. Matt's Auto Service has consistently
provided the City with quality service. Matt's Auto Service provides towing/impoundment
services for several other local police departments including Minnetonka, Hopkins, Deephaven,
Hennepin County Sheriff, and State Patrol. This is a renewal of the 2003 agreement with minor
changes in fees and charges. The proposed agreement has been reviewed and approved by the
City Attorney.
Attachments
2004 Agreement for Towing Services
55
2004
AGREEMENT FOR TOWING SERVICES
THIS AGREEMENT, entered into this day of , 2004,
between the City of Eden Prairie, Eden Prairie City Offices, 8080 Mitchell Road, Eden
Prairie, MN 55344-2230 ("City"), and Matt's Auto Service, Inc., 6282 Industrial Drive,
Eden Prairie, MN 55344 ("Contractor").
In consideration of the mutual covenants contained herein, the City and
Contractor agree as follows:
1. Contractor's Services. The Contractor agrees to provide all services
required by the City for towing of vehicles, as that term is defined in Minn. Stat. §
169.01, Subd. 2. These services shall be provided in accordance with the terms of this
contract. The Contractor shall furnish the equipment, personnel, supplies, and facilities
sufficient to fulfill all the terms of this contract.
2. Personnel. All drivers provided for the towing vehicles shall be checked
for driver's license and warrants by the City's Police Department prior to their
assignment. Contractor agrees to train all drivers in the proper towing of vehicles
containing hazardous materials in accordance with federal and state laws.
3. Storage Facility. The Contractor shall provide storage facility for towed
vehicles which shall be fenced and locked in a secure manner. The facility shall have
space for no fewer than 150 vehicles and shall be within one mile of the City limits.
4. Operation. No vehicle shall be towed under this contract without specific
authorization from an employee or agent of the City. All vehicles shall be towed, not
driven (except when authorized) without damage to the vehicles, to the storage facility.
Contractor shall maintain and provide a telephone answering service 24 hours a day for
the purpose of receiving requests for service pursuant to this contract, and provide and
maintain mobile radio service with all towing units.
5. Notification of Owner. Upon the deposit of a towed vehicle in the storage
facility, the Contractor shall send, within 72 hours, by certified mail, to the registered
owner a notice specifying the date and place of the tow, the year, make, model, and serial
number of the vehicle towed, if such information can be reasonably obtained, and the
procedure to reclaim the vehicle. A record of this notice shall be retained by the
Contractor.
6. Release. No vehicle shall be released without proper proof of ownership.
Vehicles ordered held by the Police Department shall not be released without written
authorization from said department. Vehicles not kept on a "police hold" shall be
released by the Contractor after obtaining proper proof of ownership and proof of current
insurance coverage if the vehicle is to be driven out of the impound lot. The Contractor
reserves the right to specify the manner of payment for all charges and fees. Contractor
agrees to supply personnel and reasonable hours of operation for the release of vehicles.
Minimum hours shall be 8:00 a.m. to 5:00 p.m. Monday through Friday; 10:00 a.m. to
1:00 p.m. Saturdays; and 2:00 p.m. to 3:00 p.m. on Sundays and holidays. Contractor
agrees to provide emergency service beyond those hours at the request of the police
department.
7. Towing and Storage Charges. A 24 hour towing rate schedule for the term
of the agreement for City of Eden Prairie impounded vehicles is:
TOWING RATES-POLICE IMPOUNDS
Impounded vehicles $75
Trailering impounded vehicles(additional) $5 minimum
Accidents $75*
Lowboy&Tractor service $95/hour minimum
Dollies(Additional) $25
Winching(Additional) $45 small truck
$150 big truck*
Semi truck tractors and trailers $150 minimum*
On-scene additional labor charges $45/hour minimum
*additional labor charges may be required depending on the specific equipment or labor
needed at the scene.
STORAGE RATES-POLICE IMPOUNDS
Two wheel motor vehicles,mopeds, $20/day
ATV's, and snowmobiles
Other vehicles (ex large trucks) $25/day
Inside storage $30/day
Tractor-trailers, large trucks $45 - $65/day
Note: (1) Vehicles not able to be towed by conventional means due to unusual
factory or after-market equipment installed will be impounded at the
lowboy and tractor service rate plus additional labor charges which the
Contractor must justify.
Note: (2) Additional labor charges include, but are not limited to, unlocking
vehicles, disconnecting transmission linkages or driveshafts, unusual road
clean up, snow shoveling, any additional equipment needed, and vehicles
located off the main roadways. Labor charges must be justified by the
Contractor.
All towing or storage charges shall be the responsibility of the vehicle owner, except that
(a) public safety vehicles requiring towing within the City of Eden Prairie area shall be
towed without charge to the City, (b)vehicles towed and/or stored in error (at the request
of the City) shall be returned to the owner at no charge, (c) Contractor may charge, in its
discretion, a$25 fee for vehicles impounded by the City and abandoned by the owner that
5�
require disposal at the Contractor's expense pursuant to paragraph 10 of this Agreement.
Any such fees charged by the Contractor shall be deducted from the administrative fees
owed by the Contractor pursuant to paragraph 9 of this Agreement.
8. Forfeited Vehicles. Vehicles towed and stored pursuant to
seizure/forfeiture under Minnesota Statutes §§ 609.531 to 609.5318 and §169A.63 shall
be towed and stored at the following rates: $125 towing and storage for first 45 days;
and$150 storage of seized vehicles per month after the first 45 days. Payment of the fees
for towing and storage of seized vehicles shall be deducted from the administrative fees
owed by Contractor or paid from revenue from the sales of seized vehicles. Vehicles no
longer held for seizure may be released to the registered owner as outlined in paragraph 6
above so long as the registered owner has paid all fees related to the seizure. Release of
such vehicles shall be governed by Minnesota Statutes §§609.531 to 609.5318 and
§169A.63. Any storage or towing fees paid by the registered owner, which have already
• been paid by the City, shall be reimbursed to the City by the Contractor.
9. Administrative Fees. The Contractor agrees to pay the City $4.00 for
clerical and administrative expenses for each vehicle referenced in an impound towing
report filed by the Police Department. These fees shall be paid semi-annually, June 30
and December 31, of each year for the preceding six month period. Vehicles not claimed
and destroyed by the Contractor will be exempt from the administrative fee.
10. Records and Reports. Contractor shall prepare a semi-annual report of all
vehicles towed, stored, released, and still held, in a form acceptable to the City. This
report shall be forwarded to the police department at the same time as payment of the
administrative fees referenced in paragraph 9. The report shall include the reasons why,
if any, vehicles towed have not been released. All records of services provided by the
Contractor pursuant to this agreement shall be available for inspection by the City upon
request.
11. Sales and/or Disposal. When the total of all charges for towing, storage,
and other charges equals or exceeds the value of the vehicle impounded, the Contractor
shall, with the permission of the Chief of Police, sell the vehicle at a sheriffs sale or
otherwise dispose of the vehicle by lawful means. The Chief of Police may authorize the
lawful sale of other vehicles when so requested by the Contractor after proper notification
has been made to the registered owner. The Contractor shall report all transactions of
sale or disposal, including the proceeds received, in the semi-annual report referenced
above in paragraph 10. The Contractor shall keep records and prepare an annual
summary report by January 31, 2005, of all losses and profits from the sale or disposal of
vehicles towed pursuant to this agreement.
12. Liability. The Contractor shall be responsible for the loss of, or damage
to, any vehicle, equipment thereon, and contents therein due to the fault of the Contractor
or his agent, from the time he, or his agent, takes custody of the vehicle, whether that be
by signing the receipt for the vehicle or by hooking or hoisting the vehicle. The
5
Contractor shall be responsible for the safe keeping of personal property, within or on the
vehicle, as identified on the vehicle impound form.
13. Indemnification. The Contractor shall indemnify, hold harmless and
defend the City, its employees and agents from, and against, all claims, damages, losses
and expenses, including attorneys' fees, which the City may suffer or for which it may be
held liable because of bodily injury, including death, or damage to property, including
loss of use, as a result of the fault of the Contractor, its employees, agents or
subcontractors in the breach or performance of this agreement.
14. Insurance. The Contractor shall obtain and maintain liability insurance for
coverage of not less than the following amounts:
Hazardous Load As required by fed/state laws
Worker's Compensation Statutory
Employer's Liability $100,000/$500,000/$100,000
Bodily Injury& $100,000 each occurrence
Property Damage
Fire&Theft $30,000 each occurrence
Garagekeeper Liability $30,000 each occurrence
The insurance shall cover all operations under this contract, whether undertaken
by himself, subcontractors or anyone employed or retained by them. Coverage for bodily
injury and property damage shall be written under comprehensive general and
comprehensive automobile liability policy forms, including coverage for all owned, hired
and non-owned motor vehicles. The insurance shall also cover the indemnification
liability set forth in paragraph 13. All insurance policies required by this requirement
shall include a provision that provides that the policy may not be canceled, terminated, or
reduced except upon thirty (30) days written notice to the City.
The insurance company shall deliver to the City certificates of all required
insurance on a form provided by the City, signed by an authorized representative. The
representative shall have in effect errors and omissions coverage in limits of not less than
$100,000 per occurrence and$300,000 aggregate.
15. Non-Discrimination. The Contractor agrees during the life of this contract
not to discriminate against any employee, applicant for employment, or other individual
because of race, color, sex, age, creed, national origin, or any other basis prohibited by
federal, state or local laws. The Contractor will include a similar provision in all
subcontracts entered into for performance of this contract.
16. Subcontractors. The Contractor shall not subcontract all or any portion of
this contract without prior written approval of the City, except for assistance in
emergency or unforeseen circumstances. All subcontractors shall be bound by, and
covered by, all terms of this agreement.
59
17. Agreement Period. This Agreement shall commence on January 1, 2004,
and terminate on January 15, 2005. This Agreement may be renewed from year to year
on the same terms and conditions upon the mutual written consent of both City and
Contractor. This agreement may also be terminated by either party upon fifteen(15)days
written notice if the other fails to perform in accordance with the terms of this Agreement
through no fault of the terminating party.
18. Independent Contractor. At all times and for all purposes hereunder, the
Contractor is an independent contractor and not an employee of the City. No statement
herein shall be construed so as to find the Contractor an employee of the City.
19. Compliance with Laws. In providing services pursuant to this Agreement,
the Contractor shall abide by all statutes, ordinances, rules and regulations pertaining to
the performance of this contract. Any violation shall constitute a material breach of this
agreement and entitle the City to terminate this agreement.
20. Audit. The books, records, documents and accounting procedures and
practices of the Contractor or other parties relevant to this Agreement are subject to
examination by the City and either the Legislative Auditor or the State Auditor as
appropriate.
21. Payment to Subcontractors. The Contractor shall pay any Subcontractor
within ten (10) days of the Contractor's receipt of payment from the City for undisputed
services provided by the Subcontractor. The Contractor shall pay interest of one and one-
half percent (1'/2%) per month or any part of a month to a Subcontractor on any
undisputed amount not paid on time to the Subcontractor. The minimum monthly interest
penalty payment for an unpaid balance of $100.00 or more is $10.00. For an unpaid
balance of less than $100.00, the Contractor shall pay the actual amount due to the
Subcontractor.
22. Data Practices Act Compliance. The Contractor shall at all times abide by
Minn. Stat. § 13.01 et seq., the Minnesota Government Data Practices Act, to the extent
the same is applicable to data and documents in the possession of the Contractor.
23. Final Payment. The City may withhold from any final payment due the
Contractor such amounts as are incurred or expended by the City on account of the
termination of the Agreement.
24. Whole Agreement. This Agreement embodies the entire agreement
between the parties including all prior understanding and agreements, and may not be
modified, except in writing, signed by all parties.
MATT'S AUTO SERVICE,INC. CITY OF EDEN PRAIRIE
By By
Its Owner Its Mayor
By
Its City Manager
Dated: Dated:
/6 l
CITY COUNCIL AGENDA
DATE:
SECTION: Consent Calendar May 4,2004
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Police Approval of 2004 Agreement for Forfeiture
Robert L. Reynolds Vehicle Storage and Disposal
Requested Action
Move to: Approve the Agreement for Forfeiture Vehicle Storage and Disposal between the City
of Eden Prairie and Auction Broadcasting Company for the year 2004.
Synopsis
This agreement for Forfeiture Vehicle Storage and Disposal will provide an efficient and cost
saving way to store and dispose of vehicles obtained by the City through forfeiture or civil
process as the result of their use in connection with a criminal act.
Background Information
In January of 2001 the City entered into an agreement with Auction Broadcasting Company to
provide storage and disposal services for vehicles obtained through forfeiture or civil process
primarily from repeat driving while intoxicated offenders. By using Auction Broadcasting
Company the City has seen significant savings in fees related to the storage and disposal of these
vehicles compared to previous years. This would be a renewal of the 2003 agreement with no
increases in fees. This agreement has been reviewed and approved by the City Attorney.
Attachments
2004 Agreement for Forfeiture Vehicle Storage and Disposal
AGREEMENT BETWEEN THE CITY OF EDEN PRAIRIE AND AUCTION
BROADCASTING COMPANY MINNEAPOLIS
THIS AGREEMENT is made and entered into this day of
, 2004, by and between the City of Eden Prairie, a Minnesota municipal
corporation located at 8080 Mitchell Road, Eden Prairie, Minnesota 55344 (hereinafter referred
to as the "City"), and Auction Broadcasting Company Minneapolis, a limited liability
corporation with its principal place of business located at 18270 Territorial Road, Dayton,
Minnesota 55360 (hereinafter referred to as"ABC").
WITNESSETH
WHEREAS, the City comes into possession of and is authorized to retain various motor
vehicles which are identified as potentially being subject to forfeiture or other civil processes
under the laws of the State of Minnesota as a result of their having been used in the connection
with a criminal act (hereinafter referred to as "Forfeiture Vehicles") and upon successful
completion of the forfeiture or civil process the City is authorized to dispose of said vehicles in
accordance with Chapter 2 of the Eden Prairie City Code; and
WHEREAS, ABC represents that it has the professional expertise and knowledge to
perform its duties as an automobile dealer, and is licensed by the State of Minnesota in that
capacity; and
WHEREAS, the City desires to hire ABC to transport, store, repair, maintain and sell its
Forfeiture Vehicles;
NOW, THEREFORE, in consideration of the terms and conditions expressed herein, the
parties agree as follows:
1. Term of Agreement. The term of this Agreement shall begin January 16, 2004,
and shall continue until January 15,2005,subject to termination as provided in Article IV.
2. Duties of ABC. ABC shall perform the following duties:
2.1 Upon specific authorization from the City, ABC agrees to drive or
transport those vehicles identified by the City as one of its Forfeiture
Vehicles to a secure location to be determined and managed by ABC.
2.2 Upon receipt of a City Forfeiture Vehicle ABC accepts full responsibility
for it and agrees to exercise due diligence in the care, maintenance and
storage of said vehicle until the time that it is sold or released, so as to
avoid waste and obtain a reasonable sale price at auction.
2.3 Upon specific authorization from the City, ABC agrees to perform such
minor repair work on the City's Forfeiture Vehicles so as to prepare them
for auction and maximize the City's return at auction,but in no event shall
such repair work exceed the cost of TWO HUNDRED AND NO/100
DOLLARS ($200.00) without prior, written authorization by the Eden
Prairie City Manager or his/her designee.
2.4 Upon specific authorization from the City, ABC agrees to release the
City's Forfeiture Vehicles prior to auction on such terms and conditions as
the City may direct.
2.5 ABC agrees to box and store personal property that is not affixed to, but
located within, the City's forfeiture vehicles and upon specific
authorization from the City to release such property on such terms and
conditions as the City may direct.
2.6 Upon specific authorization from the City, ABC agrees to promptly sell
the City's Forfeiture Vehicles in a commercially reasonable manner by an
open and competitive automobile dealer or salvage auction.
2.7 ABC agrees to defend, indemnify and hold harmless the City, its officials,
employers, and agents from any and all claims, causes of action, lawsuits,
damages, losses, or expenses, including attorney fees, arising out of or
resulting from ABC's (including its officials, agents or employees)
performance of the duties required under this Agreement provided that any
such claim is caused in whole or in part by any negligent act or omission
or willful misconduct of ABC.
2.8 During the term of this Agreement ABC agrees to maintain general
comprehensive liability insurance in the amount of $1,000,000 for any
damage in property, theft, loss or other claims as a result to ABC's
negligence or malfeasance in performing this Agreement. In addition,
ABC agrees to maintain such motor vehicle liability insurance as required
by state and federal laws. ABC further agrees to designate City as an
additional insured under said policies and said policies shall provide that
the policies shall not be cancelled or terminated for any reason except
upon thirty (30) days' written notice to City.
2.9 ABC shall be licensed and bonded in the State of Minnesota to perform its
duties under this Agreement and shall provide a certificate of licensure,
bonding, and insurance to the City.
2.10 ABC agrees to comply with all applicable local, state and federal laws,
rules and regulations in the performance of the duties of this Agreement.
2.11 It is agreed that nothing herein contained is intended or should be
construed in any manner as creating or establishing an agency or
partnership relationship between the parties hereto or as constituting
ABC's staff as the agents, representatives or employees of the City for any
purpose in any manner whatsoever. ABC and its staff are to be and shall
remain an independent contractor with respect to all services performed
under this Agreement. ABC represents that it has, or will secure at its own
expense, all personnel required in performing services under this
Agreement. Any and all personnel of ABC or other persons, while
engaged in the performance of any work or services required by ABC
under this Agreement, shall have no contractual relationship with the City
and shall not be considered employees of the City, and any and all claims
that may or might arise under the Workers' Compensation Act of the State
of Minnesota on behalf of said personnel or other persons while so
engaged, and any and all claims whatsoever on behalf of any such person
or personnel arising out of employment or alleged employment including,
without limitation, claims of discrimination against ABC, its officers,
agents, contractors or employees shall in no way be the responsibility of
the City, and ABC shall defend, indemnify and hold the City, its officers,
agents, and employees harmless from any and all such claims regardless of
any determination of any pertinent tribunal, agency, board, commission or
court. Such personnel or other persons shall not require nor be entitled to
any compensation, rights or benefits of any kind whatsoever from the
City, including, without limitation, tenure rights, medical and hospital
care, sick and vacation leave, Workers' Compensation, Unemployment
Compensation, disability, severance pay and PERA.
2.12 The books, records, documents, and accounting procedures and practices
of ABC, relevant to this Agreement, are subject to examination by the
City, the legislative auditor and/or the state auditor for a period of six(6)
years after the effective date of this contract, pursuant to Minnesota
Statutes Section 16C.05, subdivision 6.
2.13 In performance of this Agreement, ABC shall not discriminate on the
grounds of or because of race, color, creed, religion, national origin, sex,
marital status, status with regard to public assistance, disability, sexual
orientation, or age against any employee of ABC, any subcontractor of
ABC, or any applicant for employment. ABC shall include a similar
provision in all contracts with subcontractors to this Agreement. ABC
further agrees to comply with all aspects of the Minnesota Human Rights
Act, Minn. Stat. §363.01, et seq., Title VII of the Civil Rights Act of 1964,
and the Americans with Disabilities Act of 1990.
2.14 ABC shall at all times comply with and abide by Minnesota Government
Data Practices Act, Minn. Stat. § 13.01, et seq.,to the extent that the Act is
applicable to data and documents in the hands of ABC.
2.15 ABC represents and warrants that it has and will maintain during the
performance of this Agreement worker's compensation insurance
coverage required pursuant to Minn. Stat. § 176.181, subd. 2 and that the
certificate of insurance or the written order of the Commissioner of
Commerce permitting self insurance of worker's compensation insurance
coverage provided to the City prior to execution of this Agreement is
current and in force and effect.
/ 65
2.16 Any Forfeiture Vehicles which ABC has been authorized and directed to
sell but was unable to sell under the terms of this Agreement shall be
returned to the City at a site designated by it as soon as reasonably
practicable but in no event more than sixty (60) days from the occurrence
of the event making sale under this Agreement impossible.
3. Duties of the City. The City shall perform the following duties:
3.1 The City shall consign specifically identified Forfeiture Vehicles to ABC
to sell to the highest bidder at public dealer or salvage auction.
3.2 The City shall certify that it has good title and right to sell those of its
Forfeiture Vehicles which it directs and specifically authorizes ABC to
sell at public dealer or salvage auction and shall provide and deliver
merchantable title to the purchaser upon notification from ABC.
3.3 The City shall defend, indemnify and hold harmless the ABC, its officials,
employees and agents, from any and all claims, causes of action, lawsuits,
damages, losses or expenses, including attorney fees, arising out of or
resulting from the City's performance of the duties required under this
Agreement, provided that any such claim is caused in whole or in part by
any negligent act or omission or willful misconduct of City. Nothing
contained in this indemnity agreement shall waive or in any way
relinquish or limit the City's immunity or liability limitations provided by
common law and Minnesota Statutes Chapter 466.
3.4 The City shall pay to ABC the following amounts as and for its services
properly authorized and provided pursuant to this Agreement.
3.4.1 Transportation of an Operable Forfeiture Vehicle to or from the
City of Eden Prairie to ABC's designated storage site: $35.00.
3.4.2 Tow of an inoperable Forfeiture Vehicle (tow or trailer) to or from
the City of Eden Prairie to ABC's designated storage site: $85.00.
3.4.3 Repair of a Forfeiture Vehicle prior to auction: shop rates.
3.4.4 Sale by auction of a Forfeiture Vehicle: $110.00.
3.4.5 Release of a Forfeiture Vehicle prior to auction: $50.00 redemption
fee plus any charges(i.e.,transportation).
3.4.6 Storage fee if car is not sold within 90 days: $3.00/day.
3.4.7 Inventory fee for release of personal property: $15.00.
4. Termination. Either party may terminate this Agreement for any reason upon
thirty (30) days' advance written notice to the other party. The City reserves the right to cancel
this Agreement at any time in event of default or violation by ABC of any provision of this
Agreement. The City may take whatever action at law or in equity that may appear necessary or
desirable to collect damages arising from a default or violation or to enforce performance of this
Agreement.
5. Miscellaneous Provisions.
5.1 Modification. Any material alterations, variations, modifications or
waivers of provisions of this Agreement shall be valid only when they
have been reduced to writing as an amendment to this Agreement and
signed by both parties.
5.2 Assignment. This Agreement shall not be assignable except at the written
consent of the City.
5.3 Entire Agreement. This Agreement represents the final and complete
Agreement between ABC and the City and supersedes and cancels any
and all prior agreements or proposals, written or oral, between the parties
relating to the subject matter hereof.
5.4 Severability. The invalidity, in whole or in part, of any term or provision
of this Agreement does not effect the validity of the remainder of this
Agreement.
5.5 Governing Law. This Agreement shall be governed and construed under
the laws of the State of Minnesota. Both parties consent to jurisdiction in
the state or federal courts located in Hennepin County,Minnesota.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be
executed the day and year first above written.
CITY OF EDEN PRAIRIE
By
Nancy Tyra-Lukens, Mayor
By
Scott Neal, City Manager
AUCTION BROADCASTING COMPANY
MINNEAPOLIS
By
Its
CITY COUNCIL AGENDA DATE:
May 4, 2004
SECTION: Public Hearing
DEPARTMENT/ ITEM DESCRIPTION: Vacation 04-05 ITEM NO.:
DIVISION: Vacation of Drainage and Utility Easements in
Engineering Eagle Ridge at Hennepin Village .
Dave Olson (Published 04/15/04; Sent to property owner)
Requested Action
Move to:
1. Close the public hearing; and
2. Adopt the resolution vacating the drainage and utility easements in Eagle Ridge at
Hennepin Village.
Synopsis
The Developer has requested this vacation to remove underlying easements platted with the Eagle
Ridge plat. The easement vacations will allow the construction of twin home units on lots
previously platted for single family units. The reconfiguration plan was approved by the City
Council on November 18, 2003.
Attachments
Vacation Drawings
(g
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO.
VACATION OF DRAINAGE AND UTILITY EASEMENTS
IN EAGLE RIDGE AT HENNEPIN VILLAGE
VACATION 04-05
• WHEREAS,the City of Eden Prairie has certain drainage and utility easements described as follows:
All platted drainage and utility easements as dedicated on Blocks 5, 6, 7 and 8, Eagle Ridge at Hennepin Village One,
according to the recorded plat thereof,Hennepin County,Minnesota,except that part described as follows:
The northerly 8.00 feet,easterly 8.00 feet,southerly 8.00 feet and westerly 8.00 feet of said Block 5;that part of Lot 1 of said
Block 5 lying northwesterly of a line drawn from a point on the west line of said Lot 1 distant 23.86 feet northerly of the
southwest corner of said Lot 1 to a point on the north line of said Lot 1 distant 57.36 feet westerly of the common corner of
said Lot 1 and Outlots A and D of said plat;the southerly 4.00 feet of Lot 2 of said Block 5;the northerly 4.00 feet of Lot 3 of
said Block 5;the southerly 4.00 feet of Lot 4 of said Block 5; the northerly 4.00 feet of Lot 5 of said Block 5; the southerly
4.00 feet of Lot 6 of said Block 5; the northerly 4.00 feet of Lot 7 of said Block 5; the southerly 4.00 feet of Lot 8 of said
Block 5; the northerly 4.00 feet of Lot 9 of said Block 5;the northerly 8.00 feet,easterly 8.00 feet,southerly 8.00 of feet and
westerly 8.00 feet of said Block 6; the northerly 4.00 feet of Lot 2 of said Block 6; the southerly 4.00 feet of Lot 3 of said
Block 6; the northerly 4.00 feet of Lot 4 of said Block 6;the southerly 4.00 feet of Lot 5 of said Block 6;the northerly 4.00
feet of Lot 6 of said Block 6;the southerly 4.00 of feet Lot 7 of said Block 6;the northerly 4.00 feet of Lot 8 of said Block 6;
the southerly 4.00 of feet Lot 9 of said Block 6;the northerly 8.00 feet,easterly 8.00 feet,southerly 8.00 feet and westerly 8.00
feet of said Block 7; the southerly 4.00 feet of Lot 2 of said Block 7; the northerly 4.00 feet of Lot 3 of said Block 7; the
• southerly 4.00 feet of Lot 4 of said Block 7;the northerly 4.00 feet of Lot 5 of said Block 7;the southerly 4.00 feet of Lot 6 of
said Block 7,the northerly 4.00 feet of Lot 7 of said Block 7; the southerly 4.00 feet of Lot 8 of said Block 7; the northerly
4.00 feet of Lot 9 of said Block 7;the northerly 8.00 feet,easterly 8.00 feet,southerly 8.00 feet and westerly 8.00 feet of said
Block 8; the northerly 4.00 feet of Lot 2 of said Block 8;the southerly 4.00 feet of Lot 3 of said Block 8;the northerly 4.00
feet of Lot 4 of said Block 8;the southerly 4.00 feet of Lot 5 of said Block 8;the northerly 4.00 feet of Lot 6 of said Block 8;
the southerly 4.00 feet of Lot 7 of said Block 8;the northerly 4.00 feet of Lot 8 of said Block 8;and the southerly 4.00 feet of
Lot 9 of said Block 8 and that part of Lot 10 of said Block 8 lying northeasterly of a line drawn from a point on the east line
of aid Lot 10 distant 23.86 feet northerly of the southeast corner of said Lot 10 to a point on the north line of said Lot 10
distant 68.36 feet easterly of the common corner of said Lot 10 and Outlots A and E of said plat.
WHEREAS, a public hearing was held on May 4, 2004, after due notice was given to affected property owners and
published in accordance with M.S.A.412.851; and
WHEREAS, it has been determined that the said drainage and utility easements are not necessary and have no interest to
the public,therefore,should be vacated.
NOW,THEREFORE,BE IT RESOLVED by the Eden Prairie City Council as follows:
•
1. Said drainage and utility easements as above described are hereby vacated.
2. The City Clerk shall prepare a notice of completion of proceedings in accordance with M.S.A.412.851.
ADOPTED by the Eden Prairie City Council on May 4,2004.
ATTEST: Nancy Tyra-Lukens,Mayor
SEAL
Kathleen A.Porta,City Clerk
•
•
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CITY COUNCIL AGENDA DATE:
May 4,2004
SECTION: Public Hearing
DEPARTMENT/ ITEM DESCRIPTION: Vacation 04-06 ITEM NO.:
DIVISION: Vacation of Drainage and Utility Easement
Engineering over Part of Mount Curve Addition
Dave Olson (Published 04/15/04; Sent to property 3 owners)
Requested Action
Move to:
1. Close the public hearing; and
2. Adopt the resolution vacating the drainage and utility easements over part of Mount
Curve Addition.
Synopsis
The Property Owners have requested this vacation to accommodate the combination of two parcels into
one parcel for the purpose of constructing and expanding an equipment facility. A proposal explaining
the owner's intensions was presented to and approved by the Council on April 27, 2004.
Attachments
Vacation Drawings
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO.
VACATION OF DRAINAGE AND UTILITY EASEMENT
OVER PART OF MOUNT CURVE ADDITION
VACATION 04-06
WHEREAS,the City of Eden Prairie has a
certain drainage and utility easement described as follows:
That part of Lot 5,Block 1,Mount Curve Addition, as platted and of record in the offices of the
Registrar of Titles,Hennepin County,Minnesota,described as follows:
The westerly five feet of said Lot 5, except the northerly ten feet and the southerly five
feet thereof.
WHEREAS, a public hearing was held on May 4, 2004, after due notice was given to affected
property owners and published in accordance with M.S.A. 412.851; and
WHEREAS, it has been determined that the said drainage and utility easement is not necessary
and has no interest to the public,therefore, should be vacated.
NOW,THEREFORE,BE IT RESOLVED by the Eden Prairie City Council as follows:
1. Said drainage and utility easement as above described is hereby vacated.
2. The City Clerk shall prepare a notice of completion of proceedings in accordance with
M.S.A. 412.851.
ADOPTED by the Eden Prairie City Council on May 4,2004.
Nancy Tyra-Lukens,Mayor
ATTEST: SEAL
Kathleen A.Porta, City Clerk
•
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CITY COUNCIL AGENDA
DATE: 05/04/04
SECTION: Public Hearings
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Community Development/Planning
Scott H. Neal Settlers West WIT ,C
Danette Moore
Requested Action
Move to:
• Close the Public Hearing; and
• Approve 1st Reading of the Ordinance for Zoning District Change from Rural to R1-13.5 on
11.07 acres; and
• Adopt the Resolution for Preliminary Plat on 11.07 acres into 10 lots and 3 outlots; and
• Direct Staff to prepare a Development Agreement incorporating Staff and Board
recommendations and Council conditions.
Synopsis
This proposal is for 10 single family lots and 3 outlots. The plan meets City code requirements
for the R1-13.5 Zoning District.
Community Planning Board Recommendation
At the April 12, 2004 meeting the Community Planning Board voted 8-0 to recommend approval
of the project to the City Council.
Background Information
The entire project is approximately 131 acres. The southwest 120 acres of the project is within
the City of Chanhassen. The project will require collaboration between the City of Eden Prairie
and Chanhassen. A cooperative agreement is being drafted to address the construction and
maintenance of Settlers West Trail, extension of utilities, and joint development issues.
Attachments
1. Staff Report dated April 9, 2004
2. Community Planning Board Minutes dated April 12, 2004
3. Resolution for Preliminary Plat
STAFF REPORT
TO: Community Planning Board
FROM: Danette M. Moore, Planner II
DATE: April 8, 2004
PROJECT: Settlers West
APPLICANT: Pemtom Land Company
OWNER: Beatrice Zwiers
LOCATION: South of Pioneer Trail and north of Vogel Farm Trail
REQUEST: 1. Zoning District Change form Rural to R1-13.5 on 11.07 acres.
2. Preliminary Plat of 11.07 acres into 10 lots and 3 outlots
Staff Report--Settlers West
April 8, 2004
BACKGROUND
The Comprehensive Guide Plan shows the site as low density residential for up to 2.5 units per
acre. The site is zoned Rural. Surrounding zoning is RM-6.5 to the northeast and R1-13.5 to the
southeast and south. The property abuts Pioneer Trail to the north and the City of Chanhassen to
the west.
The entire project is approximately 131 acres. The southwest 120 acres of the project is within
the City of Chanhassen.
PRELIMINARY PLAT
The proposal is to rezone the 11.07 acre site from Rural to R1-13.5.
The preliminary plat shows the subdivision of 11.07 acres into ten lots and three outlots. Lot sizes
range between 14,279 sq. ft. and 25,790 sq. ft. exceeding the minimum required lot size of 13,500
sq. ft. in the R1-13.5 Zoning District. The lots meet the dimensional and frontage requirements of
the R 1-13.5 Zoning District. Outlot A and C are wetland and ponding areas. Oulot E is identified
as Park.
GRADING AND TREE LOSS
There are no significant trees on the Eden Prairie portion of the project. The Landscaping plan
shows 39 trees. All trees shall be a minimum of 3 caliper inches.
UTILITIES
Sewer and water is available from the north in Pioneer Trail and the east in Explorer Trail.
A NURP pond is proposed at the southwest corner of the Pioneer Trail and Settlers West Road
intersection.
ACCESS
The proposed access points to the project are Pioneer Trail and a connection to Explorer Trail.
Hennepin County has given preliminary approval for an access permit to Pioneer Trail.
WETLANDS
Wetlands exist in Outlots A and C. A wetland avoidance and mitigation plan has been
submitted. Prior to Council review the proponent shall delineate a conservation easement on the
plans over the wetland areas and the required wetland buffer areas.
Staff Report—Settlers West
April 8, 2004
STAFF RECOMMENDATIONS
Recommend approval of the following request:
• Zoning District Change from Rural to R1-13.5 on 11.07 acres.
• Preliminary Plat of 11.07 acres into 10 lots and 3 outlots.
This is based on plans dated April 4, 2004, the staff report dated April 8, 2004, and the following
conditions:
l. Prior to City Council review, the proponent shall:
A. Submit a request for an alternative wetland buffer width.
B. Revise the wetland plan to show conservation easements over wetland areas.
2. Prior to release of the final plat, the proponent shall:
A. The City of Eden Prairie and Chanhassen shall have finalized a cooperative
agreement addressing the construction and maintenance of Settlers West Trail,
extension of utilities, and joint development issues.
B. Submit detailed storm water runoff, utility and erosion control plans for review by
the City Engineer and Watershed District.
3. Prior to grading permit issuance, the proponent shall:
A. Notify the City and Watershed District 48 hours in advance of grading.
B. Install erosion control on the property at the grading limits of the development.
Said fencing shall be field inspected by engineering prior to any grading.
4. Prior to building permit issuance for the property, the proponent shall:
A. Pay the cash park fee.
Planning Board Minutes
April 12, 2004
Page 2
VI. PUBLIC HEARINGS
A. SETTLERS WEST by Pemtom Land Company. Request for Zoning District
Change from Rural to R1-13.5 on 11.07 acres, and Preliminary Plat of 11.07 acres
into 10 lots, 3 outlots, and road right of way. Location: South of Pioneer Trail and
north of Vogel Farm Trail.
Justin Larson presented the project. He stated currently the site consists of 11 acres
and is zoned Rural; they are asking for a rezoning of RI-13.5. He said there would
be two parts to the development, one in Eden Prairie and the other in Chanhassen.
The two cities are working concurrently and preparing a joint powers agreement.
The City of Eden Prairie will be providing utilities to Chanhassen because of
constraints in differences in grade with the Hennepin Rail Authority and the
improvements recently done to Pioneer Trail with utilities installed two years ago.
He stated this development is an extension of Settlers Ridge with similar character.
There will be access from Pioneer Trail with wetlands on both sides of the road. The
entrance is landscaped and has a monument sign. Trees will be maintained as much
as possible. The bluff trees can be lift intact. They will provide access to the trail
corridor for both Settlers Ridge and Settlers West, as well as access to Richard T.
Anderson Conservation area. He said 66 % of the land on the Eden Prairie side of
the development being dedicated as public land. There will be a neighborhood park
which will include a tot lot with benches and a gazebo.
Kipp stated the density of the development is one unit per acre, consistent with the
area. The lots meet all requirements for City Code including lot size, and frontage;
staff is recommending approval.
Brooks asked where the proponent was in the approval process with Chanhassen
regarding the length of the street ending in a cul-de-sac. Larson responded
Chanhassen held a public hearing but the item was tabled. The issue has been taken
care of and the remaining issues to be addressed include right of way and tree loss.
Brooks asked what the lot prices were and who would be building the homes:
Larson responded he didn't know what the cost of the lots were and he believed the
builders would be through Pemtom. Brooks stated he didn't have any problem with
the zoning change.
Stoelting opened the meeting to the public.
Jill Zangs of 18912 Explorer Trail stated that there are 13 children in the area she
lives. She stated she is concerned with construction traffic and how that will be
entering and leaving the area. She said residents don't want trucks on residential
streets because of the safety issues. She said there is a neighborhood pool but don't
1.0
Planning Board Minutes
April 12, 2004
Page 3
think it can handle more families as it is at it's maximum capacity now. She
expressed her concerns that Explorer Trail will be used by residents of the new
development as a short cut to their homes. She stated she would like to know how
they plan to address cleanliness during the construction and how they will keep the
roads clean.
Todd Clausen of 18909 Explorer Trail stated they are making Settlers West its own
distinct community, separate from Settlers Ridge by providing the cul-de-sac. He
stated his concerns regarding the different school districts children would attend in
the development.
Jim Frederick of 18958 Dorenkemper Place stated his property abuts a wetland and
he has had water problems in the past. He said the area has been graded and a berm
added but he is concerned with additional fill being deposited when they do the road
as to where the water is going to drain.
Jim Rea of 18492 Pathfinder Drive stated he knows Pemtom builds quality
developments and believes this will be a great development but has two major
concerns. He said Settlers Ridge has amenities that are paid for by the neighborhood
through association fees which include a tot lot, swimming pool and park. He said
the pool won't accommodate anymore people and he believes Settlers West residents
will want to utilize the amenities in Settlers Ridge. He stated a simple solution
would be to keep the two developments, Settlers Ridge and Settlers West, separate.
He stated they don't have to connect them together with the road. He said the second
concern is traffic on Pioneer Trail. He said an entrance off Pioneer Trail raises safety
issues because traffic is already too dense. He said the two lane bridge won't
accommodate a backup of traffic. He also wondered how many accidents would
need to occur before putting in a traffic light. He said a solution to the traffic
situation would be to wait for access to 212.
Byron Dickenson of 18921 Explorer Trail stated he agrees that it will be a good
development and has concerns how the neighborhood will is being planned since the
two developments are connected, boundaries are questionable. He said he would
like to see them make the Eden Prairie part a separate development with a cul-de-sac
and Chanhassen would have their own development as well. He said he believes
Explorer Trail will be the main route to the new development.
Paul Seppanen of 18779 Vogel Farm Trail and President of the Neighborhood
Association, stated he believes Herbst is a quality developer. He said he supports the
statement made by others regarding traffic on Explorer Trail. He said a major issue
is the use of the pool. He said residents of Settlers Ridge pay$350 in association
dues to utilize the amenities. He said they do not intend to extend rights to the pool
to the new residents of Settler West. He stated art option may be for the developer to
expand the pool or to set aside amenities for the Settlers West residents in their
Planning Board Minutes
April 12, 2004
Page 4
community. He said the roadway is a concern and another entrance into the
community would add more traffic onto Explorer Trail.
Stoelting summarized the issues residents expressed which included concern with
construction traffic and debris, the neighborhood pool, added traffic to Explorer
Trail, school districts, drainage issues, association fees, connection of the two
developments, traffic on Pioneer Trail and the timing of a Highway 212 entrance.
Mr. Larson stated that construction traffic would not be using Explorer Trail and
there would be barricades set up to prevent that. He believes they will have access
from Pioneer Trail which will keep them out of the neighborhoods. He said there is
an existing gravel road for contractors to park vehicles. He stated in regard to the
swimming pool situation there isn't a clear cut way to fix the problem. He said he's
hopeful there will be amenities in Settlers West for the neighborhood residents. He
stated in regard to school districting, he's not sure how that would be done since the
project is cut off from Chanhassen perhaps all the children would attend Eden Prairie
schools. The drainage situation should be improved with grading which will direct
water away from the homes to the wetland basin. He said with public and private
space it will be up to Herbst to determine how it will be shared. He stated the
connection between the two developments would be to Explorer Road. A cul-de-sac
would create problems with accessibility and there would be problems including
wetland impacts. He said they had studied the possibility of connecting to 212 but
the difference in grades is substantial which includes heavily forested bluffs and to
connect with 212 would devastate the area.
Alan Clugman, traffic engineer with Westwood, stated they need to connect to
Explorer Trail due to the need for emergency access; a connection to Pioneer Trail is
a more direct route for the residents of Settlers West. He said most of the traffic
will be coming from the east and to a lesser extent from the west. There will be a
left turn bay for those coming from the east and it would be the likely entrance and
exit access for the neighborhood.
A resident asked what the problems would be in making Explorer Trail a cul-de-sac.
Larson responded it will impact the wetlands. They need to keep the Eden Prairie
lots separate from the Chanhassen ones. He stated emergency access needs to be
available.
A resident stated that Bear Path has only one access and he's more concerned about
the safety of children rather than saving the trees. He believes Settlers Ridge will be
negatively impacted with the extension of Explorer Road.
Stoelting asked staff for input on the residents' concerns.
Gray addressed the school district question. He said Eden Prairie has three school
districts. There is often a situation where some children go to private schools and
Planning Board Minutes
April 12, 2004
Page 5
some to public schools. He said the 212 connection is not desirable as the grading
would impact the current homes in Settlers Ridge and the view of the bluffs. He said
the benefits of the development are that it is low density residential and being done
by a developer they are familiar with who does quality developments. If they were to
allow Chanhassen to develop the entire area, the City of Eden Prairie would lose
control of who developed the area and what was done. He stated regarding traffic
issues when Settlers Ridge was developed it was almost denied because of the single
access to Pioneer Trail. The reason Explorer Trail was stubbed out was initially
there was one access to Pioneer Trail when normally there are two for a
neighborhood this size. There will be additional traffic on Explorer Trail but it won't
be uncharacteristic than many of the current residential streets. Traffic on city streets
can range from near zero on cul-de-sacs to up to 2,000 vehicles per day on some
streets. He stated Explorer Trail could see up to 200 vehicles per day. He said
Pioneer Trail will be the preferred access with Explorer Trail being used occasionally
with most of the use from existing Settlers Ridge residents. He said construction
traffic would come off of a new access from Pioneer Trail and this would be part of
the development agreement. The development would not be open until curb and
gutter and paving was complete. He said traffic on Pioneer Trail is a problem.
Hennepin County is not proactive in planning roads; they tend to wait until traffic is
intolerable and then make changes. He said often because of this situation,
developers will pay out of their own pockets for improvements, such as
signalization. He stated he didn't believe the intersection at Settlers Ridge would be
signalized but the extension of 212 should result in lower volumes of traffic on
Pioneer Trail. Gray addressed drainage stating there is a ponding area in the project
which will provide an outlet to keep water levels manageable.
Stoelting asked Board members for input.
Nelson stated since this expands both cities what City would provide emergency
vehicles such as Police and Fire service; are they allowed to go through Eden Prairie
or Chanhassen to access each other. Gray responded it would be similar to other
shared boundaries. The homes in Chanhassen will be served by the Chanhassen
Police Department and Fire since the phone system will be set for Chanhassen. They
are free to use Eden Prairie streets because it is public roadway.
Rocheford asked if the new development would have a separate association and
whether the new residents would have access to the pool. Larson responded there
will be a different association and he did not believe they could access the pool
unless they were a guest.
Rocheford asked if the development would have its own association. Larson
responded it would. Rocheford asked whether the new development will have access
to the pool. Larson responded Dan Herbst of Pemtom checked on it and they won't
have access to the pool. Rocheford asked whether the development could be
t3
Planning Board Minutes
April 12, 2004
Page 6
divided, one area in Chanhassen and the other in Eden Prairie. Larson responded
that would involve tearing up the landscape and ruining the views for current
residents. Rocheford stated he believed if the Pioneer Trail entrance is a good one, it
will be the main one used.
Brooks stated he understands the neighborhood concerns with developing bordering
land, entering another community. He said it's a matter of the developer working
with both cities. He said he agrees with staff that this is the best way to develop
eleven lots. He said forethought was put into this when they developed Settlers
Ridge and the issues with the pool and amenities shouldn't enter into allowing delay
of the project.
Sutherland stated the project is being developed with an experienced developer. The
neighborhood problems may be much more difficult to address if there was a
different developer. He said he can't visualize access to 212. There will need to be
access from the north not from Highway 212. He said there is concern about how
the neighborhoods will interact, although that's not part and parcel of the specifics of
this development. He said somewhere there has to be a line for school districts and
for associations and once they're defined people know where they are; those are
understandable concerns but not part of the approval process.
Seymour stated the project fits well in the area. Traffic issues have been addressed
and he feels more comfortable with staffs input. Travelers heading west will likely
use the Pioneer Trail entrance. He said the sticking point seems to be the amenities
one neighborhood has and the other doesn't which may be solved by expanding the
pool or providing additional amenities in the new development.
Kocher stated he agreed with Seymour and would like the amenities addressed by the
developer, particularly the pool situation.
Stoelting asked staff how they would go about addressing the pool issue. Kipp
responded the City doesn't require private associations but they should encourage the
developer to work on the issue.
Rocheford asked if the city can request to review the covenants for the development.
Kipp responded the city occasionally receives covenants to review but they still are a
private matter between the developer and the residents.
Nelson stated she doesn't see the pool question as a problem. She lives in an area
where half of the development is on one side of the street and the other half is on the
other. One side has a pool and they don't have any problems because people
understand the difference. This can be handled,possibly by having associate
memberships available.
Planning Board Minutes
April 12, 2004
Page 7
Stoelting stated the issue before the Board is one of rezoning, there are no waivers or
guide plan changes requested.
Stoltz stated he saw no problem with rezoning and the flow of the project works. He
said they need to keep construction traffic off of Explorer Trail.
Stoelting asked staff is they could put a stop sign on Explorer Trail to slow down the
flow of traffic. Gray responded stop signs on that intersection will not restrict flow
through the area. He said stop signs are used to control heavily traversed
intersections; they need to be careful when using stop signs to manage traffic. In
order to make it a part of the recommendation could be done through the developer
agreement with a traffic management plan which would say construction traffic
doesn't use existing streets. It's not perfect but it's a tool to work with.
Nelson asked staff if they can make the approval contingent on Chanhassen
approving their piece in the same way. She said if they are in the process of
approving the project and decide to go with a higher density,what could the City of
Eden Prairie do to prevent that. Kipp responded he didn't have a definitive answer,
there is a roadway extension into Chanhassen. Gray responded the public
infrastructure which includes water and sanitary sewer is based on this plan,not for a
higher density. If Chanhassen were to come up with a higher density plan,they
wouldn't have adequate infrastructure to service the development.The road system at
the intersection of Pioneer Trail is not adequate for a more dense type of use.
Kipp stated the Eden Prairie portion is based on this set of plans and ultimately a
Development Agreement that defines the approved plans. If Chanhassen isn't
approved, the plans would not be in keeping with the request approved.
Gray stated they wouldn't approve the street stub without Chanhassen plan approval,
which they need to be approved hand in hand.
Brooks stated it appeared that staff recommendation number two addressed that,
indicating a cooperative agreement.
MOTION by Brooks, second by Nelson,to close the public hearing. Motion
carried 8-0.
MOTION by Brooks, second by Sutherland, to approve a request for Zoning District
Change from Rural to R1-13.5 on 11.07 acres, and Preliminary Plat of 11.07 acres
into 10 lots, 3 outlots, and road right of way,based on plans dated April 5, 2004,
subject to the recommendations of the staff report dated April 9,2004,to the City
Council. Motion carried 8-0.
Area Location Map - Settlers West
Address: Pioneer Trail and
Hennepin County Regional Railroad
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SETTLERS WEST
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2004-
RESOLUTION APPROVING THE PRELIMINARY PLAT
OF SETTLERS WEST FOR PEMTOM LAND COMPANY
BE IT RESOLVED, by the Eden Prairie City Council as follows:
That the preliminary plat of Settlers West for Pemtom Company stamp dated April 29, 2004, and
consisting of 11.07 acres into 10 lots and 3 outlots, a copy of which is on file at the City Hall, is
found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances,
and amendments thereto, and is herein approved.
ADOPTED by the Eden Prairie City Council on the 4th day of May, 2004.
Nancy Tyra-Lukens, Mayor
ATTEST:
Kathleen A. Porta, City Clerk
CITY COUNCIL AGENDA
DATE: 05/04/04
° SECTION: Public Hearings
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Community Development/Planning
Scott H. Neal Westgate Office Park V `�
Danette Moore
Requested Action
Move to:
• Close the Public Hearing; and
• Adopt the Resolution for Guide Plan Change from Low Density Residential. to Office
on 2.6 acres; and
• Approve 1st Reading of the Ordinance for Zoning District Change from I-General to Office
on 2.6 acres; and
• Adopt the Resolution for Preliminary Plat on 2.6 acres into 4 lots; and
• Direct Staff to prepare a Development Agreement incorporating Staff and Board
recommendations and Council conditions.
Synopsis
This is for three town office buildings, with a total of ten units. The total square footage of the
buildings are 24,400 sq. ft.
The project will require a guide plan change from Low Density Residential to Office.
Community Planning Board Recommendation
The project was first reviewed at the March 22, 2004 Community Planning Board meeting. The
project was continued for two weeks to revise the plans to reduce tree loss, reconfigure the trail
system, and realign utilities.
The Community Planning Board recommended approval with a vote of 7-0 with one abstention.
Background Information
The decision to change the guide plan is based on the impact on the residential homes to the
southeast and the park land to the north and west. The proposed plan provides an appropriate
transition as required by City code. In general, an office use is more compatible next to
residential due to less traffic, lighting, and loading impacts.
The project meets all city codes.
Attachments
1. Resolution for Guide Plan Change
2. Resolution for Preliminary Plat
3. Staff Report dated April 9, 2004
4. Community Planning Board Minutes dated April 12, 2004
'3q
WESTGATE OFFICE PARK
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2004-
A RESOLUTION AMENDING THE
COMPREHENSIVE MUNICIPAL PLAN
WHEREAS, the City of Eden Prairie has prepared and adopted the
Comprehensive Municipal Plan("Plan"); and
WHEREAS, the Plan has been submitted to the Metropolitan Council for review
and comment; and
WHEREAS, the proposal of Westgate Office Park, by Klingelhutz Development
Company for four lots;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Eden Prairie, Minnesota, hereby adopts the amendment of the Plan subject to
Metropolitan Council approval as follows:
ADOPTED by the City Council of the City of Eden Prairie this 4th day of May,
2004.
Nancy Tyra-Lukens,Mayor
ATTEST:
Kathleen A. Porta, City Clerk
90
WESTGATE OFFICE PARK
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2004-
RESOLUTION APPROVING THE PRELIMINARY PLAT
OF WESTGATE OFFICE PARK FOR KLINGELHUTZ DEVELOPMENT COMPANY
BE IT RESOLVED, by the Eden Prairie City Council as follows:
That the preliminary plat of Westgate Office Park for Klingelhutz Development Company stamp
dated April 20, 2004, and consisting of 2.6 acres into four lots, a copy of which is on file at the City
Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting
ordinances, and amendments thereto, and is herein approved.
ADOPTED by the Eden Prairie City Council on the 4th day of May, 2004.
Nancy Tyra-Lukens, Mayor
ATTEST:
Kathleen A. Porta, City Clerk
STAFF REPORT
TO: Community Planning Board
THROUGH: Michael D. Franzen, City Planner
FROM: Danette M. Moore,Planner II
DATE: March 18, 2004
SUBJECT: Westgate Office Park
APPLICANT: Klingelhutz Development Co.
OWNER: Minnesota Department of Transportation
LOCATION: North of Venture Lane/State Highway Sand east of Fuller Road
REQUEST: 1. Comprehensive Guide Plan Change from Low Density Residential to Office
on 2.6 acres
2. Zoning District Change from I-General to Office on 2.6 acres
3. Site Plan Review on 2.6 acres
4. Preliminary Plat of 2.6 acres into 4 lots.
Ia
Staff Report—Westgate Office Park
March 18, 2004
BACKGROUND
This site is currently vacant and was previously used by the MN Department of Transportation as a
staging area for road construction material. The Comprehensive Guide Plan designates the property
as Low Density Residential. Surrounding land uses consist of park land to the north and west,
industrial to the south and southeast, and residential to the northeast.
The 2.6 acre site is zoned General Industrial and will need to be rezoned to Office.
GUIDE PLAN CHANGE
The project requires a guide plan change from Low Density Residential to Office.. This change
would fall under the category of eliminating a land use incompatibility.
Over the last twenty years, 98 % of the projects have been approved consistent with the
Comprehensive Guide Plan. The guide plan changes approved by the City have been based on
compelling reasons.
Compelling reasons generally fall in the following categories.
• Preservation of Open Space
This is preservation of open space beyond what is typically required by code. An
•
example is Hennepin Village where 40% (70 of 240 acres) is preserved and dedicated to
the City.
• Meeting a Housing Goal For Senior or Affordable Housing
The 1995 Senior Issues Task force identified a need to provide for all types of senior
housing. Summit Place provides 325 units of senior housing, including townhouse,
apartment, and assisted living.
Affordable housing as part of a mixed land use plan. An example is Starring Lake
Townhouses off Anderson Lakes Parkway and Columbine Road.
• Eliminate a Land Use Incompatibility
Hartford Commons east of the Eden Prairie Center converted 20 acres of commercial to
attached housing. The surrounding area was single family, twin homes and townhouses.
• Preservation of Natural Features
An example would be United Health Group 2001 PUD. The planned development is
mixed land use including residential, commercial, and office use. A visually prominent
10 acre wooded knoll is preserved adjacent to where Crosstown Highway and Highway
93
Staff Report—Westgate Office Park
March 18, 2004
212 split.
SITE PLAN
The plan shows three town office buildings,with a total of ten units. The total square footage of the
buildings are 24,400 sq. ft. The maximum base area ratio allowed in the Office zoning district is
30%and 50% for floor area ratio. The proposed project base area ratio is 14%and floor area ratio
is 15%.
The plan meets City Code parking requirements by providing122 spaces.
TREE LOSS AND LANDSCAPING
There are 486 diameter inches of significant trees on the property. Proposed tree loss is 100%.
Tree replacement is 631.8 caliper inches. Office uses typically result in greater tree loss due to
increased site 3overage and larger parking lots. The tree replacement plan shows the planting of
trees on the adjacent park property. The tree replacement plan meets City code requirements.
Landscaping is required based on building size for a total of 92 caliper inches. The plan meets the
landscaping requirements.
All landscaping shall be provided with an irrigation system
TRANSITION
The site plan review section of the City Code requires a transition when there are differences in land
use, building mass, height, or densities. Office is a better land use next to a park and residential
than industrial. The I-General zoning of the property allows outdoor storage of raw materials.
Office uses are generally busy during the week and quite on evenings and weekends.The buildings
are designed with a pitch roof to suggest a residential character.Landscaping and tree replacement
will also help soften the view of the buildings from adjoining property.
ARCHITECTURE
The proposed structures are 20.5 feet in height. The maximum allowed office height is 30 feet. The
exterior materials meet the City Code requirement of 75% face brick, glass, or natural stone.
UTILITIES AND DRAINAGE
Storm water will be treated onsite to NURP standards. Utilities are available from Venture Lane and
north of the site.
1
Staff Report—Westgate Office Park
March 18, 2004
LIGHTING
Since the site is adjacent to residential areas, all site lighting shall be restricted to downcast cut-off
shoebox fixtures not to exceed 20 feet in height.
TRAFFIC
The existing roads,intersections,and area traffic signals are designed to accommodate the proposed
project. Prior to Council review, a Travel Demand Management Plan (TDM) will need to be
submitted. A budget for the letter of credit that will eventually be submitted to the city is also
necessary to complete the TDM Plan.
A draft Travel Demand Management Plan(TDM)has been submitted. Prior to second reading, a
final TDM shall be submitted and approved by the Traffic Engineer.
SUMMARY
The Community Planning Board should discuss the following questions.
1. Should the land remain Industrial or changed to office?
2. Is the transition between land uses adequate?
Office is a better land use next to a park and residential than industrial.The I-General zoning of the
property allows outdoor storage of raw materials. Office uses are generally busy during the week
and quite on evenings and weekends. The buildings are designed with a pitch roof to suggest a
residential character. L andscaping and tree replacement w ill also help s often the view of the
buildings from adjoining property.
STAFF RECOMMENDATION
Staff recommends approval of the following request:
• Comprehensive Guide Plan Change from Low Density Residential to Office on 2.6 acres
• Zoning District Change from I-General to Office on 2.6 acres
• Site Plan Review on 2.6 acres
• Preliminary Plat of 2.6 acres into 4 lots.
G15
Staff Report--Westgate Office Park
March 18, 2004
This would be based on plans dated February 13, 2004, this staff report, and the following
conditions:
1. Prior to City Council review,proponent shall:
A. Submit a final TDM plan to meet all requirements, including the budget and the
Developer's responsibility for implementation.
B. Modify the lighting plan to show all fixtures not exceeding 20 feet in height.
2. Prior to grading permit issuance, the proponent shall:
A. Install erosion control and tree protection fencing at the grading limits of the property
for review and approval by the City Engineer and City Forester.
B. Submit detailed storm water runoff, utility and erosion control plans for review by the
City Engineer and Watershed District.
3. Prior to building permit issuance, the proponent shall:
A. Submit detailed building plans to the Inspections Department and Fire Marshal for
their review and approval.
B. Provide a tree replacement/landscaping surety equivalent to 150% of the cost of
the tree replacement/landscaping for 631.8 caliper inches.
C. Provide a landscaping irrigation plan.for the property.
D. Submit exterior building material samples and colors for review.
E. Submit a letter of credit in accordance with the TDM Plan.
• F. Pay the cash park fees.
7,
tb
STAFF REPORT
TO: Community Planning Board
THROUGH: Michael D. Franzen, City Planner
FROM: Danette M. Moore,Planner II
DATE: April 8, 2004
SUBJECT: Westgate Office Park
APPLICANT: Klingelhutz Development Co.
OWNER: Minnesota Department of Transportation
LOCATION: North of Venture Lane/State Highway Sand east of Fuller Road
REQUEST: 1. Comprehensive Guide Plan Change from Low Density Residential to Office
on 2.6 acres
2. Zoning District Change from I-General to Office on 2.6 acres
3. Site Plan Review on 2.6 acres
4. Preliminary Plat of 2.6 acres into 4 lots.
-t�
Staff Report —Westgate Office Park
April 8, 2004
BACKGROUND
This project was first brought before the Community Planning Board on March 22, 2004.
The applicant requested and staff recommended a continuance of two weeks to allow sufficient
time to revise the project plans. The resubmitted plans provide for reduced tree loss,
reconfiguration of the trail system, and realignment of utilities.
This site is currently vacant and was previously used by the MN Department of Transportation as a
staging area for road construction material. The Comprehensive Guide Plan designates the property
as Low Density Residential. Surrounding land uses consist of park land to the north and west,
industrial to the south and southeast, and residential to the northeast.
The 2.6 acre site is zoned General Industrial and will need to be rezoned to Office.
GUIDE PLAN CHANGE
The project requires a guide plan change from Low Density Residential to Office. This change
would eliminate a land use incompatibility. Office is a better land use next to a park and residential
than industrial zoning.
SITE PLAN
The plan shows three town office buildings,with a total of ten units. The total square footage of the
buildings are 24,400 sq. ft. The maximum base area ratio allowed in the Office zoning district is
30% and 50% for floor area ratio. The proposed project base area ratio is 14% and floor area ratio
is 15%.
The plan meets City Code parking requirements by providing122 spaces.
SIDEWALKS AND TRAILS
The plan provides connections from the internal sidewalks to the adjacent park trails.
TREE LOSS AND LANDSCAPING
There are 486 diameter inches of significant trees on the property. Proposed tree loss is 78%. Tree
replacement is 397 caliper inches. Office uses typically result in greater tree loss due to increased
site coverage and larger parking lots. The tree replacement plan shows the planting of additional
trees on the adjacent park property. The tree replacement plan meets City code requirements.
Landscaping is required based on building size for a total of 92 caliper inches. The plan meets the
Staff Report—Westgate Office Park
April 8, 2004
landscaping requirements.
All landscaping shall be provided with an irrigation system
TRANSITION
The site plan review section of the City Code requires a transition when there are differences in land
use, building mass, height, or densities. Office is a better land use next to a park and residential
than industrial. The I-General zoning of the property allows outdoor storage of raw materials.
Office uses are generally busy during the week and quite on evenings and weekends.The buildings
are designed with a pitch roof to suggest a residential character.Landscaping and tree replacement
will also help soften the view of the buildings from adjoining property.
ARCHITECTURE
The proposed structures are 20.5 feet in height. The maximum allowed office height is 30 feet. The
exterior materials meet the City Code requirement of 75% face brick, glass, or natural stone.
UTILITIES AND DRAINAGE
Storm water will be treated onsite to NURP standards. Utilities are available from Venture Lane and
north of the site.
LIGHTING
Since the site is adjacent to residential areas, all site lighting shall be restricted to downcast cut-off
shoebox fixtures not to exceed 20 feet in height.
TRAFFIC
The existing roads,intersections,and area traffic signals are designed to accommodate the proposed
project. Prior to Council review, a Travel Demand Management Plan (TDM) will need to be
submitted. A budget for the letter of credit that will eventually be submitted to the city is also
necessary to complete the TDM Plan.
A draft Travel Demand Management Plan (TDM) has been submitted. Prior to second reading, a
final TDM shall be submitted and approved by the Traffic Engineer.
SUMMARY
The Community Planning Board should discuss the following questions.
99
Staff Report—Westgate Office Park
April 8, 2004
1. Should the land remain low density residential or changed to office?
2. Should the land remain I-General zoning or changed to Office?
3. Is the transition between land uses adequate?
Office is a better land use next to a park and residential than industrial.The I-General zoning of the
property allows outdoor storage of raw materials. Office uses are generally busy during the week
and quite on evenings and weekends. The buildings are designed with a pitch roof to suggest a
residential c haracter. L andscaping and tree replacement w ill also h elp s often the view of the
buildings from adjoining property.
STAFF RECOMMENDATION
Staff recommends approval of the following request:
• Comprehensive Guide Plan Change from Low Density Residential to Office on 2.6 acres
• Zoning District Change from I-General to Office on 2.6 acres
• Site Plan Review on 2.6 acres
• Preliminary Plat of 2.6 acres into 4 lots.
This would be based on plans stamp dated April 7, 2004, this staff report, and the following
conditions:
1. Prior to City Council review, proponent shall:
A. Submit a final TDM plan to meet all requirements, including the budget and the
Developer's responsibility for implementation.
B. Modify the lighting plan to show all fixtures not exceeding 20 feet in height.
2. Prior to grading permit issuance, the proponent shall:
A. Install erosion control and tree protection fencing at the grading limits of the property
for review and approval by the City Engineer and City Forester.
B. Submit detailed storm water runoff, utility and erosion control plans for review by the
City Engineer and Watershed District.
3. Prior to building permit issuance, the proponent shall:
'QQ
Staff Report— Westgate Office Park
April 8, 2004
A. Submit detailed building plans to the Inspections Department and Fire Marshal for
their review and approval.
B. Provide a tree replacement/landscaping surety equivalent to 150% of the cost of
the tree replacement/landscaping for 490 caliper inches.
C. Provide a landscaping irrigation plan for the property.
D. Submit exterior building material samples and colors for review.
E. Submit a letter of credit in accordance with the TDM Plan.
F. Pay the cash park fees.
l0 l
Planning Board Minutes
April 12, 2004
Page 8
B. WESTGATE OFFICE PARK by Klingelhutz Development Company. Request for
Comprehensive Guide Plan Change from Low Density Residential to Office on 2.6
acres, Zoning District Change from I-General to Office on 2.6 acres, Site Plan
Review on 2.6 acres, and Preliminary Plat of 2.6 acres into 4 lots. Location: Current
MNDot Right-of-way,North of Venture Lane.
Terry Schneider presented the project and indicated he had worked with staff to
address the trail connection and landscaping. He said they have agreed to clean up
the debris on the site and the park property and will construct an eight foot
bituminous trail which will provide access through the site. The City will continue
the trail around the park to the north to Ventura Lane at which point it will connect
to the regional trail system. He said there are a number of mature pine trees on the
site. They will be installing retaining walls and changing the grade resulting in 22%
tree preservation. He said they plan on relocating 16 of the trees on site,the balance
of the trees will be along the trail and around the pond.
He stated they had originally planned for stucco exteriors on portions of the
buildings but since have decided on lap siding.
Stoelting asked staff to address this proposal.
Kipp stated the Board has three questions to address: 1. Should the land remain low
density residential or change to office? 2. Should the land remain I-General or
change to Office? and, 3. Is the transition between land uses adequate? He said
changing to office would be a better land use; it would eliminate the possibility of
heavy industrial use. The transition to office from residential works well. Building
materials meet the code requirement of 75%face brick, glass or natural stone. He
said staff recommends approval of this proposal.
Bill Bader of 15600 Garfield Circle stated he is concerned about access to the trail
and how it will be maintained. He said Venture Lane has a lot of traffic already.He
asked them to address when the traffic will be the heaviest. Mr. Schneider indicated
the office use and people in the area is very low traffic generators and it's very quiet.
He said they will be closed on the weekends and very light use for the access
provided. Bader stated it will be good to get the debris out of there.
Rocheford asked it they had considered garages with the project. Mr. Schneider
responded there wasn't room for them and because of limited access and the
topography it won't be workable.
Sutherland asked if the same piece of land is guided Low Density Residential and
zoned I-General at the same time and how that came to be. Kipp responded the
property had an I-General zoning prior to the development of the guide plan. It was
guided Low Density Residential as part of the Westgate residential neighborhood.
10
Planning Board Minutes
April 12, 2004
Page 9
There was heavy wetland and a lot of the property became park.
Fox stated part of that area was the Westgate development which went tax forfeit. A
trucking company is located on one end; it's mixed use waiting for the upgrade of
Highway 5.
Sutherland asked if relocating the 8 " mature pine trees was realistic. Fox responded
it can be done but they need someone who knows what they're doing; they need to
provide adequate after care. There is always a risk when replanting mature trees.
This is not in lieu of tree replacement. If the trees die they need to replace them.
Sutherland asked staff about the 20' lighting fixture which is recommended in the
staff report. The proponents information indicates 25'fixtures. Kipp responded it is
a recommendation. There is usually a base of two feet or so and this height is
recommended to avoid off-site glare.
MOTION by Nelson, second by Kacher,to close the public hearing. Motion
carried 8-0.
MOTION by Nelson, second by Sutherland, a request for Comprehensive Guide
Plan Change from Low Density Residential to Office on 2.6 acres,Zoning District
Change from I-General to Office on 2.6 acres, Site Plan Review on 2.6 acres, and
Preliminary Plat of 2.6 acres into 4 lots, based on plans dated April 7,2004, subject
to the recommendations of the staff report dated April 9, 2004, to the City Council.
Motion carried 7-0. Abstention: Brooks
/03
CITY COUNCIL AGENDA
DATE: 05/04/04
SECTION: Public Hearings
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Community Development/Planning Eden Prairie Transfer Station
Michael D. Franzen .E
Requested Action
Move to:
• Close the Public Hearing; and
• Adopt the Resolution for Planned Unit Development Concept Review on 24.32 acres; and
• Approve 1st Reading of the Ordinance for Planned Unit Development District Review with
waivers, and Zoning District Amendment in the I-2 District on 24.32 acres; and
• Direct Staff to prepare a Development Agreement incorporating Staff and Board
recommendations and Council conditions.
Synopsis
BFI wants to amend items in the operational plans of the developer agreement to accommodate
an increase in storage of materials.
Community Planning Board Recommendation
At the April 12, 2004 meeting the Community Planning Board voted 8-0 to recommend approval
of the project to the City Council.
Background Information
The following is a summary of the operational changes.
• Item 2 - Truck Operation- extend evening hours from 7-9 PM.
• Item 3 - Overnight Storage — allow overnight storage from 2 -14 trucks, and a 24 to 48
hour period.
• Item 4 - Maximum Tons per Day—increase from 500 to 700-900 TPD
• Item 5 —Maximum Tons per Year Processed—increase from 99,000 to 156,000 TPY.
• Item 6 -Maximum Number of Trips—increase from 100 per day to 230 per day
• Item 14—Leachate and Liquid Waste Testing—change from weekly sampling to prior to
load-out and transport for proper disposal as stipulated in the transfer
109
Attachments
1. Resolution for PUD Concept Review
2. Staff Report dated April 9, 2004
3. Community Planning Board Minutes dated April 12, 2004
4. Letter from Scott H. Neal to Pollution Control Agency
103
EDEN PRAIRIE TRANSFER STATION(BFI)
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO. 2004-
A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT
CONCEPT OF EDEN PRAIRIE TRANSFER STATION (BFI)
FOR BFI
WHEREAS, the City of Eden Prairie has by virtue of City Code provided for the Planned
Unit Development (PUD) Concept of certain areas located within the City; and
WHEREAS, the Community Planning Board did conduct a public hearing on April 12,
2004, on Eden Prairie Transfer Station (BFI)by BFI and considered their request for approval of
the PUD Concept plan and recommended approval of the request to the City Council; and
WHEREAS,the City Council did consider the request on May 4, 2004.
NOW,THEREFORE,BE IT RESOLVED by the City Council of Eden Prairie,
Minnesota, as follows:
1. Eden Prairie Transfer Station,being in Hennepin County,Minnesota, legally
described as outlined in Exhibit A, is attached hereto and made a part hereof.
2. That the City Council does grant PUD Concept approval as outlined in the plans
stamp dated April 30, 2004.
3. That the PUD Concept meets the recommendations of the Community Planning
Board dated April 12, 2004.
ADOPTED by the City Council of the City of Eden Prairie this 4th day of May, 2004.
Nancy Tyra-Lukens,Mayor
ATTEST:
Kathleen A. Porta, City Clerk
/O
EXHIBIT A
PUD Concept- Eden Prairie Transfer Station (BFI)
Legal Description:
Those parts of the following described properties:
That part of the Southeast Quarter of the Southwest Quarter of Section 27,Township 116,Range
22, Hennepin County,Minnesota,which lies southerly of the southeasterly right of way line of
U.S. Highway No. 169.
And
That part of the Northeast Quarter of the Southeast Quarter of said Section 27 which lies
southerly of said southeasterly right of way line of U.S. Highway 169.
And
That part of the Northwest Quarter of the Southeast Quarter of said Section 27 lying south of the
north 3/16 of said Southeast Quarter which lies westerly of a line described as beginning at a
point on the south line of said Northwest Quarter of the Southeast Quarter distant 676.5 feet east
of the southwest corner of said Northwest Quarter of the Southeast Quarter; thence northerly to a
point on the north line of the Northeast Quarter of said Section 27 distant 280.50 feet east of the
northwest corner of said Northeast Quarter of Section 27 and said line there terminating.
And
The Southwest Quarter of the Southeast Quarter of said Section 27.
Lying easterly and southerly of a line described as commencing at the Southwest corner of said
Southwest Quarter of Section 27; thence northerly, along the west line of said Southwest Quarter
of Section 27, a distance of 471.1 feet; thence northeasterly deflecting to the right 87 degrees 06
minutes 00 seconds a distance of 508.20 feet; thence northeasterly a distance of 561.80 feet along
a tangential curve concave to the northwest having a radius of 1432.70 feet; thence southeasterly;
radial to said curve, a distance of 60.00 feet; thence northeasterly a distance of 210.00 feet, along
a curve concentric with said curve; thence southeasterly,radial to said curve, a distance of 172.00
feet; thence easterly deflecting to the left 52 degrees 10 minutes 00 seconds a distance of 347.00
feet to a point hereinafter referred to as"Point X"; thence southerly deflecting to the right 90
degrees 00 minutes 00 seconds a distance of 240.00 feet to a point hereinafter referred to as
"Point Y"; thence westerly deflecting to the right 90 degrees 00 minutes 00 seconds to the west
line of said Southeast Quarter of the Southwest Quarter of Section 27,being the point of
beginning of the line to be described; thence Returning, along the last described course,to said
"Point Y"; thence northerly to said"Point X"; thence northwesterly
deflecting to the left 21 degrees 16 minutes 00 seconds a distance of 442.5,more or less,to said
southeasterly right of way line of U.S.Highway No. 169;thence northeasterly,along said
/07
southeasterly right of way line of U.S. Highway No. 169, a distance of 944.23 feet to a line
hereinafter described as "Line A"; thence southeasterly, along said"Line A", to a line hereinafter
described as "Line B"; thence northeasterly, easterly, southeasterly, along said "Line B", to the
south line of said north 3/16 of the Southeast Quarter of Section 27 and aid line there
terminating.
"Line A" is described as commencing at a point on the south line of the Northwest Quarter of the
Southeast Quarter of said Section 27 distant 676.50 feet east of the southwest corner of said
Northwest Quarter of the Southeast Quarter of Section 27; thence northerly a distance of 1537.79
feet, more or less, along a line which, if extended, would intersect the north line of the Northeast
Quarter of said Section 27 at a point 280.50 feet east of the northwest corner of said Northeast
Quarter
of Section 27, to said centerline of U.S. Highway Number 169 as laid out and traveled; thence
South 41 degrees 10 minutes 00 seconds West, assumed bearing, along said centerline of U.S.
Highway No. 169 as laid out and traveled, a distance of 1588.20 feet to the point of beginning
said "Line A"; thence South 55 degrees 14 minutes 00 seconds East a distance of 457.41 feet;
thence South 64 degrees 25 minutes 00 seconds East a distance of 156.37; thence South 51
degrees 54 minutes 00 seconds East a distance of 582.00 feet; thence North 26 degrees 39
minutes 00 seconds East a distance of 386.06 feet; thence easterly to the point of commencement
and said "Line A" there terminating.
"Line B" is described as commencing at the southeast corner of said Southeast Quarter of the
Southwest Quarter of Section 27; thence South 89 degrees 39 minutes 57 seconds West, assumed
bearing, along the south line of said Southeast Quarter of the Southwest quarter, a distance of
104.56 feet to the point of beginning of"Line B" to be described; thence North 17 degrees 49
minutes 47 seconds West a distance of 179.81 feet to the hereinafter described "Line C"; thence
North 28
degrees 55 minutes 39 seconds East, along said "Line C", a distance of 110.07 feet to an angle
point in said "Line C"; thence North 61 degrees 04 minutes 21 seconds West, along said "Line
C", a distance of 91.16 feet; thence North 10 degrees 47 minutes 28 seconds West a distance of
70.92 feet; thence North 2 degrees 30 minutes 53 seconds East a distance of 365.59 feet; thence
North 24 degrees 38 minutes 16 seconds East a distance of 225.88 feet to the point of beginning
of said "Line B"; thence North 32 degrees 27 minutes 49 seconds East a distance of 532.21 feet;
thence North 78 degrees 54 minutes 10 seconds East a distance of 41.35 feet; thence South 54
degrees 39 minutes 30 seconds East a
distance of 221.02 feet; thence North 62 degrees 20 minutes 47 seconds East a distance of 29.14
feet; thence North 0 degrees 20 minutes 57 seconds West a distance of 860.92 feet to the south
line of said north 3/16 of the Southeast Quarter of Section of Section 27 and said "Line B"there
terminating.
"Line C" is described as commencing at said southeast corner of the Southeast Quarter of the
Southwest Quarter of Section 27; thence South 89 degrees 39 minutes 57 seconds West, along
said south line of the Southeast Quarter of the Southwest Quarter, a distance of 222.13 feet;
thence North 0 degrees 20 minutes 03 seconds West a distance of 58.14 feet to the point of
beginning of"Line C" to be described; thence North 28 degrees 55 minute 39 seconds East a
distance of 240.00 feet; thence North 61 degrees 04 minutes 21 seconds West a distance of
317.62 feet and said "Line C"there terminating.
IOU
And
That part of Section 27, Township 116,Range 22 West of the 5th Principal Meridian described as
follows: Commencing at A point in the East line of the West 5/8 of the North %2 of the Southeast
Quarter distance 495 feet South from the Northeast corner of said West 5/8 of the North Y2 of the
Southeast Quarter; thence South to the Southeast corner of said West 5/8 of the North 1/2 of the
Southeast Quarter; thence West to a point on the South line of said West 5/8 of the North %2 of
the Southeast Quarter 676.50 feet East of the Southwest corner of said West 5/8 of the North %2
of
the Southeast Quarter; thence Northerly to an intersection with a line parallel with and 495 feet
South from the North line of the Southeast Quarter along a line which if extended would intersect
the North line of the Northeast Quarter distance 280.50 feet East from the Northwest corner
thereof; thence East to the point of beginning.
And
The East Three-Quarters (E 3/4) of the South Half(S 1/2) of the Northeast Quarter(NE 1/4) of
the Southeast Quarter(SE 1/4) of Section 27, Township 116 North, Range 22 West, according to
the United States Government Survey thereof.
And
The Southeast Quarter of the Southeast Quarter of Section 27, Township 116,Range 22.
And
That part of Government Lot 1, Section 34, Township 116,Range 22, Hennepin County,
Minnesota, lying northeasterly of a line drawn from a point on the north line of said Government
Lot 1, distance 100.00 feet westerly of the northeast corner of said Government Lot 1 to a point
on the east line of said Government Lot 1, distant 50.00 feet southerly of said northeast corner of
Government Lot 1.
And
Commencing at the SE corner of SE VI of SW 1/4 of Section 27, T116, R22, thence westerly along the
S line of the SE 1/4 of SW 1/4 of Section 27, S 89° 39' 57" W a distance of 1223.12 ft., thence
northerly on a line N 0° 01' 38" W a distance of 298.18, thence easterly on a line S 85° 51' 34"E a
distance of 356.36 ft., thence northerly on a line of 4°08' 26" E a distance of 240.00 ft., thence
northerly on a line N 17° 07' 34" W a distance of 432.75 ft. to the point of beginning. Thence
southerly on a line S 17° 07' 34" E a distance.of 432.75 ft., thence westerly on a line N 85° 51' 34" W
a distance of 347.00 ft., thence northerly on a line N 33°41' 34" W a distance of 172.00 ft., thence
northeasterly along the right-a-way of State Highway 169 to the point of beginning.
/0Ci
STAFF REPORT
TO: Community Planning Board
FROM: Michael D. Franzen, City Planner
DATE: April 12, 2004
SUBJECT: BFI Transfer Station Addition
APPLICANT/
OWNER: BFI
LOCATION: 9813 Flying Cloud Drive
REQUEST:
1. PUD Concept Amendment on 24.32 acres
2. PUD District Review on 24.32 acres
3. Zoning District Amendment within the I-2 Zoning District on 24.32acres
4. Site Plan Review on 24.32 acres
I/O
Area Location Map - Eden Prairie Transfer
Station (BFI)
Address: S. of Pioneer Tr. and East of Highway•#212
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Staff Report—BFI Transfer Station Addition
April 12, 2004
BACKGROUND
In 2001 the City approved the construction of a 6,000 square foot Municipal Solid Waste Transfer
facility subject to a developer agreement which contains operating conditions.
DEVELOPMENT REQUEST
BFI wants to amend the following items of the developer agreement..
Item 2 -Truck Operation
Hours of truck operation entering and leaving the transfer station are currently limited to 4 a.m.to 7 p.m.
Monday through Saturday. The request is to extend the hours of operation to 9 p.m. According to BFI,
the request would allow them to process waste and clear the facility more efficiently prior to closing.
Item 3 - Overnight Storage
Overnight storage is currently limited to storage inside the Transfer Facility. The maximum number of
refuse collection or transfer trucks allowed to remain on-site for overnight storage is limited to two(2)
refuse collection and/or transfer trucks. Each truck can hold up to approximately 20 to 25 tons of waste.
BFI is requesting that the limit be extended to a maximum of 350 tons per day. This would include up to
fourteen(14)refuse collection and/or transfer trucks of capacity.
The amount of time for overnight storage is currently limited to a maximum of 24 hours. The current
language does not allow for longer storage for weekends(Sundays),holidays or during extreme weather
conditions or other contingency situations. BFI states in their proposal that waste would typically remain
onsite for less than 24 to 48 hours.
Item 4-Maximum Tons Per Day and Item 5—Maximum Tons Per Year Processed
The current agreement allows for a maximum daily tonnage of 500 tons per day(TPD)with an average of
317 TPD of municipal solid waste(MSW)after 2006. The final maximum after 2006 was to be 99,000
tons per year(TPY). This was in accordance with the Minnesota Office of Environmental Assistance
(OEA) "Findings of Fact"dated September 6, 2001. The 2003 Annual Report submitted by BFI to the
MPCA on January 28,2004 indicates that 20,330 tons of municipal solid waste(MSW)and 968 tons of
demolition waste were processed and sent to landfills in 2003. Operation began in the September of
2003.
The OEA has recently decided to no longer recommend restrictions on maximum tonnages due to
concerns with being perceived as limiting interstate commerce. Their intent is to shift these controls to
the local level and allow market conditions to determine what each facility will process. As such the OEA
"Findings of Fact"dated September 6, 2001 are no longer valid for this point.
BFI has requested an immediate increase to 156,000 TPY and/or an amount as stipulated in the Transfer
Station's MPCA Solid Waste Permit. The MPCA permit modification is also for an increase from 99,000
to 156,000 TPY with a daily maximum of 700 to 900 tons.
Ii
Ila
Staff Report—BFI Transfer Station Addition
April 12,2004
The Design Capacity for the current Transfer Facility Building is 280,000 tons per year. However, in
order to achieve this amount of processing they would need to operate on an optimal level for 24 hours
per day for 6 days per week(900 tons per day). A more reasonable expectation is to allow the average
processing amount for 6 days per week, or 218,000 tons.
Item 6- Maximum Number of Trips
The maximum number of trips out of the Transfer Facility per day is limited to 100 refuse collection and
22 transfer vehicles. BFI has requested that this number be increased to 175 collection and 55 transfer
vehicle trips per day, for a total of 230 vehicles per day, to accommodate the increased processing
requested above.
Item 14—Leachate and Liquid Waste Testing
Currently the Developer's Agreement requires that leachate and liquid waste testing be conducted at a
minimum weekly. Guidelines on how the liquids will be handled are to be based on the results of the
sampling. This would include contingency plans for disposal of those below or exceeding the limits
established for use of the sanitary sewer. BFI is requesting that leachate wastes be sampled prior to load-
out and transport for proper disposal as stipulated in the transfer stations' MPCA Solid Waste Permit.
However, no testing requirements are directly required in the MPCA Solid Waste Permit. The testing
requirements fall under the Metropolitan Council's requirements for discharge to the sanitary sewer.
ENVIRONMENTAL ASSESSMENT WORKSHEET
The Minnesota Pollution Control Agency is the governmental unit responsible for evaluating the
EAW for the transfer station. At the March 23, 2004, meeting the City Council directed staff to
submit a fonnal response to the PCA. See attached letter from Scott H. Neal, City Manager.
SUMMARY
The approved and proposed operating conditions are in place to minimize the potential impact to the
surrounding area and the City.
STAFF RECOMMENDATION
The Community Planning Board could recommend approval of the following:
• PUD Concept Amendment on 24.32 acres
• PUD District Review on 24.32 acres
• Zoning District Amendment within the I-2 Zoning District on 24.32 acres
• Site Plan Review on 24.32 acres
This approval is subject to the recommendations of this Staff Report and plans dated April 9,2004.
13
Planning Board Minutes
April 12, 2004
Page 10
C. EDEN PRAIRIE TRANSFER STATION (BFI)by BFI. Request for PUD
Concept,Amendment on 24.32 acres,PUD District Review on 24.32 acres, Zoning
District Amendment within the I-2 Zoning District on 24.32 acres, and Site Plan
Review on 24.32 acres. Location: South of Pioneer Trail and East of Highway 212.
David Wiggins, the General Manager of BFI, presented the project. He introduced
Steve Menden as the from Wenck and Associates. Wiggins stated in 2001 they built
an addition to the facility. He stated they have a number of larger trucks that
replaced many smaller ones. After operating since September they realized the need
to change some items in the development agreement. To accommodate cleanups on
weekends because dump sites are closed they need to utilize the site for overnight
storage and weekend collections need to be held on site. This would be in conflict
with the development agreement. He indicated each item that needed to be changed
in the development agreement.
Item 2 -Truck Operation
Wiggins said the hours of truck operation entering and leaving the transfer station are
currently limited to 4 a.m. to 7 p.m. Monday through Saturday. He is requesting to
extend the hours of operation to 9 p.m. which would allow for processing of waste and
to clear the facility more efficiently prior to closing.
Item 3 - Overnight Storage
Wiggins said the amount of time for overnight storage is currently limited to a
maximum of 24 hours which doesn't allow for longer storage for weekends,holidays or
during extreme weather conditions or other contingency situations. He said that waste
would typically remain onsite for less than 24 to 48 hours.
Item 4 - Maximum Tons Per Day and Item 5 — Maximum Tons Per Year
Processed
The 0 EA h as recently d ecided to no 1 onger r ecommend restrictions on maximum
tonnages due to concerns with being perceived as limiting interstate commerce.
Wiggins stated they have requested an immediate increase to 156,000 TPY and/or an
amount as stipulated in the Transfer Station's MPCA Solid Waste Permit. The MPCA
permit modification is also for an increase from 99,000 to 156,000 TPY with a daily
maximum of 700 to 900 tons. Menden stated in the past volumes were set by the office
of Environmental Assistance. The question was raised as to whether it conflicted with
limiting freedom of interstate commerce.
Item 6 - Maximum Number of Trips
The maximum number of trips out of the Transfer Facility per day is limited to 100
refuse collection and 22 transfer vehicles. Wiggins stated they are requesting that this
number be increased to 175 collection and 55 transfer vehicle trips per day,for a total of
( Iy
Planning Board Minutes
April 12, 2004
Page 11
230 vehicles per day. Menden stated they must go through the MPCA which regulates
the total number of tons processed.
Item 14—Leachate and Liquid Waste Testing
Currently the Developer's Agreement requires that leachate and liquid waste testing be
conducted at a minimum weekly.Wiggins stated they are requesting that leachate wastes
be sampled prior to load-out and transport for proper disposal as stipulated in the
transfer stations' MPCA Solid Waste Permit.
Stoelting asked for staff input. Kipp stated staff is recommending approval. The
request is not a physical expansion of the site,but rather to increase the number of
tons of waste handled at the existing facility. The City will insist they operate within
zoning and noise ordinances.
Stoelting opened the meeting to public comment. No one commented.
Stoltz asked Williams about current trends and how many years it will take them out.
Williams responded at least ten years.
Kacher asked Kipp if there are concerns or issues with staff. Kipp responded there
are no immediate neighbors nearby and no concerns with land use issues. The
capacity is there to handle it. Williams stated they are inspected monthly by the
Hennepin County Solid Waste Division.
Seymour asked about a memo from Stovring regarding overnight storage. The
recommendation was to limit storage to 125 tons or 5 large transfer trucks. In the
staff report states it should be extended to 350 tons or up to 14 transfer trucks. The
current agreement allows for storage inside the building.
Williams responded it currently allows 50 tons would be inside the building, closed
doors with ventilation to vent gasses. He said they need to go back through to the
state to exceed 156,000 tons per year. There would be a comment period for the City
to address their concerns. This wouldn't inhibit the state's requirement.
Seymour asked staff about the different numbers in the memos. Kipp responded it's
the acknowledgement there will be increased demands over time and the MPC is
involved. Setting out the scope so changes can be applied for directly to the MPA,
rather than going through the public hearing process each time to amend the
Development Agreement.
Stoelting asked Gray about truck traffic and potential problems. Gray responded
there has been commercial truck traffic on this site for 30 years. The improved
entrance works well. MNDot will work with BFI if there are any problems.
MOTION by Brooks, second by Nelson, to close the public hearing. Motion
115
Planning Board Minutes
April 12, 2004
Page 12
carried 8-0.
MOTION by Brooks, second by Sutherland, a Request for PUD Concept
Amendment on 24.32 acres, PUD District Review on 24.32 acres, Zoning District
Amendment within the 1-2 Zoning District on 24.32 acres, and Site Plan Review on
24.32 acres,based on plans dated April 9, 2004, subject to the recommendations of
the staff report dated April 9, 2004, to the City Council. Motion carried 8-0.
VII. MEMBERS' REPORTS
VIII, CONTINUING BUSINESS
IX. NEW BUSINESS
X. PLANNERS' REPORTS
Kipp reminded Board members of the April 27 workshop which is a joint meeting with the
Council to review the Golden Triangle Redevelopment Study.He asked Board members to
R.S.V.P. if they had not already done so.
XI. ADJOURNMENT
MOTION by Rocheford, second by Nelson, to adjourn. Motion passed, 8-0.
There being no further business, the meeting adjourned at 9:29 p.m.
•
116
March 26, 2004
Ms. Lynne Kolze, Project Manager
Operations and Environment Review Section
Regional Environmental Management Division
Minnesota Pollution Control Agency
520 Lafayette Road
St. Paul, MN 55155
Re: Flying Cloud Transfer Station Environmental Assessment Worksheet
(Solid Waste Management Facility Permit No. SW-597
Dear. Ms. Kolze:
During the regular City Council meeting on March 23, 2004, the Council made the following
motion:
Direct staff to submit to the Minnesota Pollution Control Agency (MPCA) the following City
Council concerns regarding BFI's proposed expansion of the waste processing capacity at the
Flying Cloud Transfer Station prior the comment period deadline for the Environmental
Assessment Worksheet (EAW) on March 31, 2004.
• The BFI Transfer Station has only been in operation since September 2003. Odor, dust, pest
and other nuisance impacts that may occur during a full year, including the spring and
summer season, are unknown. The Council requests that BFI utilize Best Management
Practices to minimize odor and other nuisances from leaving the Transfer Station site. This
may include practices such as closing the bay doors when there are windy conditions which
may blow odors, dust or litter toward residential or environmentally sensitive areas (such as
• the Minnesota River Valley which is known to have rare species habitat) and limiting
overnight storage during summer months.
• Council recommends that BFI continue their contractual obligations with a suitable pest
control company to control pest populations for species such as insects, rats and mice as
moderate to heavy feeding has been identified at bait stations set out by the current pest
control company.
• The expansion will result in increased traffic volumes and traffic stacking at the intersection
of Flying Cloud Drive (TH212) and the BFI entrance. The Council requests that BFI develop
specific operational and driving procedures and provide driver training to reduce/minimize
traffic-related incidents at this intersection.
• Although the proposed hours of operation are being expanded to 4:00 AM to 9:00 PM, the
City will demand compliance with our noise ordinances that limit noise generation between
7:00 PM and 7:00 AM. The Council requests that best management practices be established
by BFI to comply with City ordinances.
We hope that the above comments will be considered during the EAW review process. If you
have any questions regarding these comments, please contact Leslie Stovring, the City's
Environmental Coordinator at 952-949-8327.
Sincerely,
•
Scott Neal
City Manager
Mr. Chuck Wegner, Area Manager of Government Affairs, BFI
( Ig
CITY COUNCIL AGENDA
DATE:
SECTION: Payment of Claims May 4,2004
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 129430— 129658
Wire Transfers - 1994
Background Information
Attachments
1I-I
City of Eden Prairie
Council Check Summary
04/05/2004
Division Amount
General 7,529
100 City Manager 177
101 Legislative 150
104 Contingency 5,100
111 Customer Service 12,598
112 Human Resources 3,885
113 Communication Services 505
115 Risk Management 139
116 Facilities 5,870
117 City Center 3,716
131 Finance 12,545
132 Social Services 4,474
133 Community Development 73
135 Information Technology 749
136 Wireless Communication 282
150 Park Administration 5,759
151 Park Maintenance 13,741
153 Athletic Programs 336
154 Community Center 18,946
157 Special Events 50
158 Senior Center 2,324
160 Therapeutic Recreation 489
161 Oak Point Pool 4,151
163 Park Facilities 659
180 Police 4,505
183 Civil Defense 57
184 Fire 3,204
185 Animal Control 141
201 Street Maintenance 4,612
202 Street Lighting 52,124
203 Fleet Services 25,393
204 Equipment Revolving 129,875
301 CDBG 3,395
303 Cemetary Operation 7
311 Grant Fund 39
314 Liquor Compliance 350
502 Park Development 1,279
503 Utility Improvement 9,312
506 Improvment Bonds 1996 12,465
509 CIP Fund 1,085
511 Construction Fund 27,143
601 Prairie Village Liquor 52,874
602 Den Road Liquor 42,612
603 Prairie View Liquor 48,113
701 Water Fund 97,818
702 Sewer Fund 193,956
703 Stonn Drainage Fund 1,531
803 Escrow Fund 101
807 Benefits Fund 95,186
Report Totals 911,421
City of Eden Prairie
Council Check Register
05/04/2004
Check# Amount Vendor/Explanation Account Description Business Unit
1994 72,190 PUBLIC EMPLOYEES RETIREMENT Benefit payments Health and Benefits
129430 1,500 ARCADIA FINANCIAL LTD False Alarm Fees General Fund
129431 1,250 BORG,STEVE Tuition Reimbursement/School In Service Training
129432 1,661 CDW GOVERNMENT INC. Repair&Maint.Supplies Fire
129433 113 CUB FOODS EDEN PRAIRIE Instructor Service Fire Cert Grant
129434 91 D'AMICO AND SONS Operating Supplies Fire
129435 630 EMERGENCY AUTOMOTIVE TECHNOLOG Capital Under$2,000 Fleet Services
129436 12 HECKLER&KOCH Equipment Repair&Maint Police
129437 864 MEDICINE LAKE TOURS Special Event Fees Senior Center Program
129438 100 MERVYN'S OF CALIFORNIA False Alarm Fees General Fund
129439 2,507 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund
129440 200 ORRIN THOMPSON HOMES False Alarm Fees General Fund
129441 100 ORRIN THOMPSON HOMES False Alarm Fees General Fund
129442 100 ROTTLUND CO False Alarm Fees General Fund
129443 300 STARBUCKS COFFEE False Alarm Fees General Fund
129444 2,060 TEENS ALONE Other Contracted Services Housing,Trans,&Human Sery
129445 66 THORPE DISTRIBUTING Beer Prairie Village Liquor Store
129446 60 TKACH,GEORGE Other Contracted Services Senior Center Program
129447 78 VERIZON WIRELESS BELLEVUE Pager&Cell Phone Sewer Utility-General
129448 52 WHITE,NICOLE Mileage&Parking Therapeutic Rec Administration
129449 101 BROWN,KENNETH L Deposits Escrow
129450 232 AICHER,ROBERT Insurance Claims Sewer Utility-General
129451 200 CENTRAIRE INC Equipment Repair&Maint Prairie View Liquor Store
129452 163 COMMUNITY HEALTH CHARITIES United Way Withheld General Fund
129453 14,155 DELTA DENTAL PLAN OF MN Benefit payments Health and Benefits
129454 15 FISCHER,MAUREEN Program Fee Senior Center Program
129455 947 GIRARD'S BUSINESS MACHINES INC Equipment Repair&Maint General
129456 187 GRAND VIEW LODGE Tuition Reimbursement/School Police
129457 361 GUTHRIE THEATER Special Event Fees Senior Center Program
129458 426 HENNEPIN COUNTY I/T DEPT Software Maintenance Information Technology
129459 50,236 HINCKLEY CHEVROLET Autos Public Works
129460 544 HOME DEPOT CREDIT SERVICES Operating Supplies Park Shelters
129461 1,680 INTERNATIONAL UNION OF OPERATI Union Dues Withheld General Fund
129462 12,000 KERN DEWENTER VIERE LTD. Audit&Financial Finance
129463 705 LANZI,BOB Mileage&Parking Community Center Admin
129464 31 LUND POURED WALLS Road Weight Restrictions General Fund
129465 15 MACMILLAN,GENEVA Program Fee Senior Center Program
129466 5,698 METRO SALES INCORPORATED* Office Supplies General
129467 191,964 METROPOLITAN COUNCIL ENVIRONME Waste Disposal Sewer Utility-General
129468 62 MINNESOTA PRINT MANAGEMENT LLC Miscellaneous City Manager
129469 50 MSANI Tuition Reimbursement/School Police
129470 249 NCPERS GROUP LIFE INSURANCE Life Insurance EE/ER General Fund
129471 130 NCTRC Tuition Reimbursement/School Senior Center Administration
129472 54,429 NORTH STAR GARAGE INC Autos Police
129473 1,371 NORTHWEST BUSINESS SYSTEMS Equipment Repair&Maint Telephone
129474 5,100 O'CONNELL,CLARE Miscellaneous Reserve
129475 3,000 POSTAGE BY PHONE RESERVE ACCOU Postage General
129476 7,804 PRAIRIE PARTNERS SIX LLP Building Rental Prairie Village Liquor Store
129477 7,360 PRAIRIEVIEW RETAIL LLC Building Rental Prairie View Liquor Store
129478 209 PROP United Way Withheld General Fund
129479 581 RECREONICS Capital Under$2,000 Pool Maintenance
129480 765 SIMON,ANDREA Tuition Reimbursement/School In Service Training
129481 2,267 SOMALI COMMUNITY SERVICES INC Other Contracted Services Housing,Trans,&Human Sery
129482 8 STAR TRIBUNE Misc Taxable Den Road Liquor Store
129483 50 SWEET OCCASIONS FOR YOU Other Rentals Special Initiatives
129484 40 TELEPHONE ANSWERING CENTER INC Other Contracted Services Water Treatment Plant
129485 63,721 THANE HAWKINS POLAR CHEVROLET Autos Public Works
129486 209 TIME WARNER CABLE Operating Supplies Fire
129487 234 UNITED WAY United Way Withheld General Fund
129488 1,208 VERIZON DIRECTORIES CORP Advertising Community Center Admin
129489 31 W.E.POUR WALLS INC Road Weight Restrictions General Fund
129490 49 XCEL ENERGY 1,7 I Electric Sewer Liftstation
Check# Amount Vendor/Explanation Account Description Business Unit
129491 37 ACE ICE COMPANY Misc Non-Taxable Prairie View Liquor Store
129492 88 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Den Road Liquor Store
129493 76 ARCTIC GLACIER INC Misc Non-Taxable Den Road Liquor Store
129494 1,524 BELLBOY CORPORATION Operating Supplies Prairie Village Liquor Store
• 129495 6,172 DAY DISTRIBUTING Beer Prairie Village Liquor Store
129496 4,786 EAGLE WINE COMPANY Wine Imported Prairie Village Liquor Store
129497 6,507 EAST SIDE BEVERAGE COMPANY Beer Prairie Village Liquor Store
129498 325 FINE WINES FROM EUROPE Wine Imported Prairie Village Liquor Store
129499 318 GRAND PERE WINES INC Wine Imported Den Road Liquor Store
129500 2,766 GRAPE BEGINNINGS Wine Domestic Prairie Village Liquor Store
129501 8,792 GRIGGS COOPER&CO Misc Taxable Den Road Liquor Store
129502 952 HOHENSTEINS INC Beer Prairie Village Liquor Store
129504 31,085 JOHNSON BROTHERS LIQUOR CO Liquor Prairie View Liquor Store
129505 13,087 MARK VII Beer Prairie View Liquor Store
129506 101 MASS BAR-MATE CORP Operating Supplies Den Road Liquor Store
129507 288 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store
129508 445 NEW FRANCE WINE COMPANY Wine Domestic Den Road Liquor Store
129509 3,616 PAUSTIS&SONS COMPANY Wine Domestic Prairie Village Liquor Store
129510 12,621 PHILLIPS WINE AND SPIRITS INC Liquor Prairie Village Liquor Store
129511 693 PINNACLE DISTRIBUTING Misc Taxable Prairie Village Liquor Store
129512 2,472 PRIOR WINE COMPANY Wine Domestic Prairie Village Liquor Store
129513 12,127 QUALITY WINE&SPIRITS CO Wine Domestic Prairie Village Liquor Store
129514 14,078 THORPE DISTRIBUTING Beer Prairie Village Liquor Store
129515 169 TRI COUNTY BEVERAGE&SUPPLY Beer Den Road Liquor Store
129516 677 WINE COMPANY,THE Wine Imported Den Road Liquor Store
129517 481 WINE MERCHANTS INC Wine Domestic Prairie View Liquor Store
129518 1,148 WORLD CLASS WINES INC Wine Domestic Prairie View Liquor Store
129519 141 BLOOMINGTON,CITY OF Kennel Services Animal Control
129520 43 BLOOMINGTON,CITY OF Printing Therapeutic Rec Administration
129521 40 CAMPOS,LORI Instructor Service Outdoor Center
129522 14 CASEBOLT,VERONICA Program Fee Outdoor Center
129523 625 CONROY PH.D.,DENNIS L Other Contracted Services Police
129524 128 DPMS Equipment Repair&Maint Police
129525 279 ELDER-JONES Building Permits General Fund
129526 21 H P PIPEWORKS Cash Over/Short General Fund
129527 150 HAMLINE UNIVERSITY SCHOOL OF L Conference Expense City Council
129528 100 HANLON,KIM Protective Clothing Fire
129529 73 HENNEPIN COUNTY TREASURER Operating Supplies Community Development
129530 90 HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Maintenance
129531 545 HOOGENAKKER,KATHLEEN Conference Expense Finance
129533 350 PETTY CASH-POLICE DEPT Miscellaneous Liquor Compliance
129534 370 PSC SUPPLY Operating Supplies Park Maintenance
129535 52 QUICKSILVER EXPRESS COURIER Postage General
129536 121 QWEST Telephone Edenvale Park
129537 3,481 RELIASTAR LIFE INSURANCE CO Disability Ins Employers Health and Benefits
129538 306 SPRINT Software Maintenance Information Technology
129539 5,360 STANDARD INSURANCE CO Life Insurance EE/ER Health and Benefits
129540 40 TRAPP,SUZANNE Instructor Service Outdoor Center
129541 320 VERIZON WIRELESS BELLEVUE Pager&Cell Phone General
129542 36 WALMART COMMUNITY Operating Supplies Senior Center Administration
129543 50 WALSTEIN,LOUISE M. Instructor Service Outdoor Center
129544 370 WITTHUHN,KIM Program Fee Outdoor Center
129545 99,925 XCEL ENERGY Electric Street Lighting
129546 33 A TO Z RENTAL CENTER Equipment Repair&Maint Park Maintenance
129547 443 ACT ELECTRONICS INC Operating Supplies Traffic Signals
129548 1,075 ACTIVAR Other Contracted Services Water Treatment Plant
129549 17 AIRLINK COMMUNICATIONS INC Software Maintenance Information Technology
129550 2,605 ALLIANT ENGINEERING INC Design&Engineering Construction Fund
129551 329 ANCHOR PRINTING COMPANY Printing Therapeutic Rec Administration
129552 54 BARTOS PRODUCTS Equipment Parts Fleet Services
129553 265 BAUER BUILT TIRE AND BATTERY Tires Fleet Services
129554 1,160 BEACON BALLFIELDS Operating Supplies Park Maintenance
129555 910 BENSHOOF&ASSOCIATES INC Design&Engineering Construction Fund
129556 456 BLOOMINGTON SECURITY SOLUTIONS Operating Supplies Water Treatment Plant
129557 671 BOYER TRUCKS SO.ST.PAUL Equipment Parts Fleet Services
129558 596 BRISSMAN-KENNEDY 11, Cleaning Supplies Maintenance
Check# Amount Vendor/Explanation Account Description Business Unit
129559 137 CATCO CLUTCH&TRANSMISSION SE Equipment Parts Fleet Services
129560 1,867 CORPORATE EXPRESS Office Supplies Police
129561 1,704 CUTLER-MAGNER COMPANY Chemicals Water Treatment Plant
129562 222 CY'S UNIFORMS Clothing&Uniforms Police
129563 332 DALE GREEN COMPANY,THE Landscape Materials/Supp Street Maintenance
129564 985 DECORATIVE DESIGNS INC Other Contracted Services Water Treatment Plant
129565 259 EDEN PRAIRIE ROTARY CLUB Dues&Subscriptions In Service Training
129566 36 EF JOHNSON Repair&Maint.Supplies Wireless Communication
129567 817 EGAN-MCKAY ELECTRICAL CONTRACT Improvement Contracts Charlson Area Construction
129568 45 ELVIN SAFETY SUPPLY INC Repair&Maint.Supplies Fire
129569 3,284 ENVIRONMENTAL EQUIPMENT&SERV Equipment Parts Fleet Services
129570 74 FASTENAL COMPANY Repair&Maint.Supplies Water Treatment Plant
129571 269 FERRELLGAS Motor Fuels Ice Arena
129572 19 FIKES HYGIENE SERVICES Operating Supplies Den Road Liquor Store
129573 552 FIRENET SYSTEMS INC Building Repair&Maint. Water Treatment Plant
129574 187 FLYING CLOUD ANIMAL HOSPITAL Canine Supplies Police
129575 461 FORCE AMERICA Equipment Repair&Maint Fleet Services
129576 877 G&K SERVICES-MPLS INDUSTRIAL Cleaning Supplies Water Treatment Plant
129577 45 GRAINGER Small Tools Fleet Services
129578 526 GRAZZINI BROTHERS&COMPANY Building Repair&Maint. Maintenance
129579 8,321 HANSEN THORP PELLINEN OLSON Other Contracted Services Planning&Development
129580 12,910 HARTLAND FUEL PRODUCTS LLC Motor Fuels Fleet Services
129581 1,860 HAWKINS WATER TREATMENT GROUP Chemicals Water Treatment Plant -
129582 1,056 HENNEPIN TECHNICAL COLLEGE Tuition Reimbursement/School Fire
129583 84 HENRY,PAUL Other Contracted Services Volleyball
129584 1,112 HIRSHFIELDS PAINT MANUFACTURIN Operating Supplies Park Maintenance
129585 10,080 HONEYWELL INDUSTRY SOLUTIONS Equipment Repair&Maint Water Treatment Plant
129586 3,866 IND SCHOOL DIST 272 Other Contracted Services Oak Point Operations
129587 486 INTEREUM INC Capital Under$2,000 Furniture
129588 96 J H LARSON ELECTRICAL COMPANY Operating Supplies Den Road Liquor Store
129589 64 JAMAR TECHNOLOGIES INC Equipment Repair&Maint Fleet Services
129590 343 JANEX INC Cleaning Supplies General Facilities
129591 252 KALLIN,LAWRENCE E Other Contracted Services Volleyball
129592 461 KRAEMERS HARDWARE INC Repair&Maint.Supplies Water Treatment Plant
129593 201 KUSTOM SIGNALS INC Equipment Repair&Maint Police
129594 636 LAB SAFETY SUPPLY INC Repair&Maint.Supplies Water Treatment Plant
129595 279 LANO EQUIPMENT INC Equipment Parts Fleet Services
129596 211 LESCO INC Landscape Materials/Supp Street Maintenance
129597 3,395 MARKHAM MAINTENANCE Other Contracted Services 2000 Rehab
129598 307 MAXI-PRINT INC Printing Police
129600 1,221 MENARDS Operating Supplies Street Maintenance
129601 669 METRO EROSION INC Other Contracted Services Storm Drainage Projects
129602 147 METRO LEGAL SERVICES INC Other Contracted Services Housing,Trans,&Human Sery
129603 825 METROPOLITAN COUNCIL ENVIRONME Other Contracted Services Storm Drainage
129604 16 METROPOLITAN FORD Equipment Parts Fleet Services
129605 666 MG INDUSTRIES Chemicals Water Treatment Plant
129606 1,060 MIDWEST SIGN&SCREEN PRINTING Capital Under$2,000 Fleet Services
129607 1,155 MINNESOTA GLOVE INC Safety Supplies Fleet Services
129608 185 MINNESOTA PIPE AND EQUIPMENT* Small Tools Water System Maintenance
129609 115 MINNESOTA PRINT MANAGEMENT LLC Miscellaneous City Manager
129610 238 MINNESOTA ROADWAYS CO Patching Asphalt Street Maintenance
129611 798 MINNESOTA WANNER COMPANY Equipment Repair&Maint Park Maintenance
129612 129 MTI DISTRIBUTING INC Equipment Parts Fleet Services
129613 441 NATIONAL WATERWORKS Repair&Maint.Supplies Park Maintenance
129614 602 NATIONWIDE ADVERTISING SERVICE Employment Advertising Human Resources
129615 40 NORTHERN TOOL&EQUIPMENT CO. Operating Supplies Park Maintenance
129616 145 OLD TOWN CANOE Recreation Supplies Outdoor Center
129617 191 OSI BATTERIES INC Equipment Parts Fleet Services
129618 28 PLASTICS INTERNATIONAL Equipment Parts Fleet Services
129619 7,147 PRAIRIE ELECTRIC COMPANY Building Repair&Maint. City Center Operations
129620 3,658 PRECISION TURF&CHEMICAL INC Chemicals Park Maintenance
129621 84 PSC SUPPLY Operating Supplies Park Maintenance
129622 582 QUALITY FLOW SYSTEMS INC Equipment Parts Sewer Liftstation
129623 139 RIDGEVIEW MEDICAL CENTER Other Contracted Services Risk Management
129624 244 RIGID HITCH INCORPORATED Capital Under$2,000 Fleet Services
129625 8,772 RMR SYSTEMS INC I)3 Other Contracted Services Utility Improvement Fund
Check# Amount Vendor/Explanation Account Description Business Unit
129626 300 ROOT 0 MATIC Other Contracted Services Sewer System Maintenance
129627 161 S&S WORLDWIDE Recreation Supplies Oak Point Lessons
129628 257 SCHMIDT COMMUNICATIONS Dues&Subscriptions Communication Services
129629 76 SEATING AND ATHLETIC FACILITY Repair&Maint.Supplies Park Maintenance
129630 1,795 SHORT ELLIOTT HENDRICKSON INC Design&Engineering Construction Fund
129631 171 SIWEK LUMBER&MILLWORK INC Building Materials Street Maintenance
129632 137 SNAP-ON TOOLS Small Tools Fleet Services
129633 950 SNELL MECHANICAL INC Repair&Maint.Supplies Pool Maintenance
129634 1,010 SOUTHWEST SUBURBAN PUBLISHING- Employment Advertising Human Resources
129635 71 SPS COMPANIES Repair&Maint.Supplies Park Maintenance
129636 32,398 SRF CONSULTING GROUP INC Design&Engineering Improvement Projects 1996
129637 332 STEMPF AUTOMOTIVE INDUSTRIES I Equipment Parts Fleet Services
129638 2,934 STERLING FENCE INC Building Materials Riley Lake
129639 2,287 STREICHERS Clothing&Uniforms Police
129640 123 SUBURBAN CHEVROLET Equipment Repair&Maint Fleet Services
129641 225 SULLIVANS UTILITY SERVICES INC Equipment Repair&Maint Fleet Services
129642 540 SUMMIT ENVIROSOLUTIONS Other Contracted Services Utility Improvement Fund
129643 248 SUN NEWSPAPERS Advertising Communication Services
129644 145 SWEDLUNDS Waste Disposal Outdoor Center
129645 690 SYSTEM CONTROL SERVICES Other Contracted Services Water Treatment Plant
129646 439 TWIN CITY FILTER SERVICE INC Repair&Maint.Supplies Water Treatment Plant
129647 274 TWIN CITY SEED CO Landscape Materials/Supp Riley Lake
129648 1,306 UNIFORMS UNLIMITED Miscellaneous Police
129649 607 UNITED LABORATORIES Cleaning Supplies Water Treatment Plant
129650 330 UNLIMITED SUPPLIES INC Equipment Parts Fleet Services
129651 150 US POSTMASTER-HOPKINS Postage Water Utility-General
129652 410 WATSON CO INC,THE Merchandise for Resale Concessions
129653 908 WESTCO RECOGNITION ADVERTISING Operating Supplies Senior Center Program
129654 886 WESTWOOD PROFESSIONAL SERVICES Design&Engineering Construction Fund
129655 32 WOLF CAMERA Operating Supplies Park Maintenance
129656 3,424 YALE MECHANICAL INC Equipment Repair&Maint Water Treatment Plant
129657 700 ZIEBART OF MINNESOTA INC Capital Under$2,000 Fleet Services
129658 9,498 ZIEGLER INC Equipment Parts Fleet Services
911,421 Grand Total
/ LJ