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Home My WebLink AboutCity Council - 07/06/2004 AGENDA EDEN PRAIRIE CITY COUNCIL WORKSHOP/FORUM TUESDAY,JULY 6,2004 CITY CENTER 5:00—6:25 PM,HERITAGE ROOM II 6:30—7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher,Ron Case, Jan Mosman, and Philip Young CITY STAFF: City Manager Scott Neal,Police Chief Dan Carlson,Fire Chief George Esbensen,Public Works Director Eugene Dietz,Parks and Recreation Director Bob Lambert, Community Development Director Janet Jeremiah, City Attorney Ric Rosow, and Recorder Lorene McWaters Heritage Room II I. DOGS AT ATHLETIC FIELDS Council Chamber II. OPEN FORUM III. • OPEN PODIUM IV. ADJOURNMENT MEMORANDUM • To: Mayor and City Council Parks,Recreation and Natural Resources Commission • 0 From: Robert A. Lambert, Director of Parks and Recreation - 1111111.1111111 Date: July 6,2004 Eden Prairie Subject: Request from Soccer Association Regarding Dogs at Flying Cloud Fields On January 5, 2004, Ken Bomben, one of the directors of the Eden Prairie Soccer Association appeared before the Parks, Recreation and Natural Resources Commission requesting the Commission consider recommending eliminating the ability for people to bring dogs to Flying Cloud Fields. Mr.Bomben explained the biggest issues are the number of participants in the program and the lack of space between fields to accommodate people watching games. Some people choose to • bring their family pet to these games,while other people either do not like dogs or are afraid of dogs, or their children are afraid of dogs. There is no room to accommodate both.He also indicated that dogs have caused other problems including interrupting games,and not all dog owners clean up after their dogs. Mr.Bomben indicated that the Soccer Association has been requesting their participants not to bring dogs to the fields for many years; however, many parents point out that it is not against a City Ordinance and the Soccer Association does not own the fields. Attached to this memorandum is a copy of the January 5,2004 minutes of the meeting summarizing the discussion the Commission had regarding this issue.After a lengthy discussion,the Commission voted on a 7:1 vote to recommend the City designate"No Dogs Allowed"at Flying Cloud Athletic Fields beginning April 1,2004. Subsequent to that decision several Council members have indicated to the City Manager that this issue needs further discussion prior to any decision to restrict dogs from Flying Cloud Fields. The Council has reserved the workshop of July 6 for this purpose.Representatives from each of the athletic associations that utilize those fields has been invited to attend this meeting,as have members of the Parks, Recreation and Natural Resources Commission. Attachments: Page 4 & 5 of the January 5, 2004 Minutes of Parks, Recreation and Natural Resources Commission Meeting RAL:bju GABrenda\Letter&Memos\Lambert 2004\Memorandum\Request from Soccer Association Regarding Dogs at Flying Cloud Fields.doc PARKS,RECREATION AND NATURAL RESOURCES COMMISSION January 5,2004 Page 4 the construction of the booth and fencing they can use the revenue generated from the games for paying for these projects over the years. Motion: Barrett moved, seconded by Mackay,to recommend that the City Council consider providing funds in an upcoming referendum for park improvements that would be available for constructing public recreational facilities such as park shelters, concessions,public restrooms and other improvements to the park system, and that are partially funded through significant private donations. The motion carried 8-0. Barrett said he recommends that they have strict guidelines for the use of these funds. Lambert said the amount of private funding required would also depend on the number of people served by the project and on the cost of the project. VI. OLD BUSINESS A. Request from Soccer Association Lambert reported that the Eden Prairie Soccer Association requested that the City adopt an ordinance that would not allow dogs at Flying Cloud athletic fields. This Commission asked Staff to contact the various other Associations that use the fields to see if they have an opinion on the banning of dogs. Lambert further reported that the Baseball Association disagreed with the request. They feel that if the existing ordinance were enforced there would not be a problem. The Football Association does not support the request and also feels the existing ordinance should be enforced. The Girls Athletic Association agrees with the request and the Lacrosse Association has no strong opinion either way. Lambert said Staff has had some discussion with the Park Rangers about enforcing the regulation better and they indicated that there is no way they can do that when there are so many participants at this one location. If the dog is on a leash and still jumps on another bystander,there is nothing that can be done. Lambert said this is not a good location for allowing dogs due to the number of people(spectators) crowded between fields. It is a different type of activity than a neighborhood park. Ken Bomben, 9260 Kalus Circle, said he is the Director of the Eden Prairie Soccer Association.He explained that their biggest issue is the number of participants in the • program and there is not a lot of spare space. The distance between the fields is minimal and one dog can impact several fields. He pointed out that the baseball and football fields have sidelines and have much better control because the dogs are further away from the players. Bomben explained that the reason for their request is because in previous years they have had numerous complaints from the parents in the program that dogs were leaving messes on the fields and were disruptive to the soccer games. Mackay asked if it would be possible to restrict dogs from the soccer fields but not from the . baseball or football fields. Lambert said that would be almost impossible to enforce. Jacobus - said he agrees with Bomben. There are between 500 and 750 kids and parents crammed onto these fields.He asked if it would be possible to restrict dogs at certain times and have the PARKS,RECREATION AND NATURAL RESOURCES COMMISSION January 5,2004 Page 5 Soccer Association manage the process.Lambert.said Staff would not support that.They would end up with the same problem of the dogs defecating on the fields. It would be much easier to enforce an ordinance restricting dogs from these fields.Barrett asked if it would be possible for the Association to ask the parents to not bring their dogs to the soccer fields. Bomben responded that they have tried to do this through a letter for several years,however, this is not effective without the backing of a City ordinance. Mackay said he did not want to see a precedent set and that they would be expected to ban dogs from other parks.Larson said he personally does not see this as a trend.The City did move forward with an off leash area for dogs.Mackay said there should be a better way than adopting an ordinance to handle this problem.Brill said he also feels they are setting a • precedent. The reasons for banning dogs are valid but he questioned whether or not they are valid enough to adopt an ordinance. Barrett said he too agrees that there is.a problem but feels this remedy is rather extreme for a park that has a number of uses.Moriarity pointed out that it has many uses but is designed for athletic uses. Lambert explained that Flying Cloud is not designated as a"park"and is the only designated "athletic field"in the City. Every other facility in the City that has ball fields is a park.They have park trails and other recreational facilities and are used as neighborhood•parks. The park serving the neighborhood for this area is Staring Lake. Lambert said Staff is not concerned about setting a precedent for a park use since this is the only athletic field in the City. Motion:Motion was made by Jacobus, seconded by Brill,because of the unique use of Flying Cloud Athletic Fields for youth athletic activities,to recommend the City designate "No Dogs Allowed"at Flying Cloud Athletic Fields beginning April 1,2004. The Commission does not want to set a precedent but believes this is a good policy for Flying Cloud Athletic Fields,which is a single purpose facility. The motion carried, 7-1 with Barrett voting nay. B. Reservation Use of City Facilities Lambert reported that this item is a follow-up to a discussion with this Commission regarding the problem of the Athletic Associations subleasing the City's fields. City staff did meet with representatives of the Athletic Associations that utilize the outdoor facilities and talked about the facilities policy that was developed in 1977. This Commission did concur that the City should revise their fees to charge direct cost for tournaments and clinics and to follow the existing policy.It was also agreed that a better job should be done to communicate to the Associations what this policy is. Lambert said on a yearly basis the City would invite representatives from each Association to talk about policy issues and problems they have. Staff also recommended that the School District consider adopting a policy for the use of their fields and the subleasing of those fields similar to the City's. The School District is not ready to do that because their Staff has been directed to raise revenues to pay for their operational costs. Staff suggested that the next time the City and School Board meet they discuss the overuse of facilities and if the policy should be changed to make the most use of the facilities. AGENDA EDEN PRAIRIE CITY COUNCIL TUESDAY,JULY 6,2004 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, Community Development Director Janet Jeremiah, City Attorney Ric Rosow and Council Recorder Theresa Brundage I. ROLL CALL/CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS V. MINUTES A. CITY COUNCIL WORKHSOP HELD TUESDAY,JUNE 15,2004 (p. 1) B. CITY COUNCIL MEETING HELD TUESDAY,JUNE 15,2004 (p. 6) VI. CONSENT CALENDAR A. CLERK'S LICENSE LIST (p. 18) B. SETTLERS WEST by Pemtom Land Company. 2nd Reading for Zoning District Change from Rural to R1-13.5 on 11.07 acres. Location: South of Pioneer Trail and north of Vogel Farm Trail. (Ordinance for Zoning District Change) (p. 19) C. ADOPT RESOLUTION APPROVING COOPERATIVE AGREEMENT WITH MNDOT FOR TH212/PRAIRIE CENTER DRIVE INTERSECTION IMPROVEMENT PROJECT (p. 53) D. APPROVE SUBDIVISION OF PROPERTY AT 9955 PIONEER TRAIL (p. 66) E. APPROVE AMENDMENT TO 2004 TOWING SERVICES AGREEMENT (p. 68) F. APPROVE FREQUENCY RELOCATION AGREEMENT BETWEEN CITY AND NEXTEL WEST CORPORATION(NEXTEL)INC. (p. 70) CITY COUNCIL AGENDA July 6,2004 Page 2 G. ACCEPT DONATION OF FOUR ACRES OF LAND FROM STEVEN BROWN FOR ADDITION TO THE RICHARD T.ANDERSON CONSERVATION AREA (p. 76) H. AUTHORIZE EARLY GRADING PERMIT FOR FOUNTAIN PLACE (p. 82) VII. PUBLIC HEARINGS/MEETINGS A. PATTERSON PROPERTY by Dave Patterson. Request for Preliminary Plat of 1.26 acres into 2 lots. Location: 15340 Sunrise Circle West. (Resolution for Preliminary Plat) (p. 83) VIII. PAYMENT OF CLAIMS (p. 92) IX. ORDINANCES AND RESOLUTIONS A. FIRST READING OF AN ORDINANCE AMENDING CITY CODE SECTION 2.05 RELATING TO SALARIES OF THE MAYOR AND COUNCILMEMBERS (p. 103) B. FIRST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 2 BY ADDING SECTION 2.33 RELATING TO OBTAINING CRIMINAL HISTORY INFORMATION (p. 106) X. PETITIONS,REQUESTS AND COMMUNICATIONS XI. REPORTS OF ADVISORY BOARDS & COMMISSIONS XII. APPOINTMENTS XIII. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER 1. Demolition and Disposal of Concrete Floor and Steel Piping at Ice Rink One (p. 109) 2. Resolution Urging Hennepin County to Enact a County-Wide Smoke-Free Ordinance Prohibiting Smoking in Places of Employment and Restaurants (p. 110) C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR CITY COUNCIL AGENDA July 6,2004 Page 3 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 XIV. OTHER BUSINESS XV. ADJOURNMENT 7 UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL WORKSHOP/FORUM TUESDAY,JUNE 15,2004 CITY CENTER 5:00—6:25 PM,HERITAGE ROOM II 6:30—7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher, Ron Case,Jan Mosman,and Philip Young CITY STAFF: City Manager Scott Neal, Police Chief Dan Carlson,Fire Chief George Esbensen, Public Works Director Eugene Dietz,Parks and Recreation Director Bob Lambert, Community Development Director Janet Jeremiah, City Attorney Ric Rosow, and Recorder Lorene McWaters Heritage Room II I. COUNCIL SALARIES City Manager Scott Neal discussed a survey of elected officials pay for Eden Prairie and 11 other communities,which was compiled by Assistant to the City Manager Michael Barone The survey group included the 11 cities that make up the Municipal Legislative Commission as well as St. Louis Park. Since there are several different ways in which compensation is earned and calculated,the report includes a summary comparison of total compensation intended to provide an accurate picture of where Eden Prairie falls in comparison to the other cities. Currently Eden Prairie Councilmembers receive a$6,000 per year stipend, and the Mayor receives $7,200. There is also a meeting pay program under which Councilmembers and the Mayor receive $25 for attending any qualifying meeting of up to two hours, and$50 for meetings in excess of two hours,not to exceed$50 per day. Councilmembers also receive a$60 per month technology stipend. The summary comparison shows that over Eden Prairie ranks 10th (out of 12 cities) in total Council compensation per capita. Neal said that the City likes to be slightly over the median for employee pay. He believes it helps the City attract and retain highly skilled and motivated employees. Therefore, Neal said he certainly believes there is room for Council pay to go up. He said the Council pay rate could be increased without significantly affecting the overall budget; however,he acknowledged that a pay increase could have political implications. Councilmember Mosman,who noted she had requrested the Council pay discussion, said that if regular City employees are paid above average,it would make sense for Councilmembers to receive comparable compensation. She noted that the agenda packet will soon be produced completely electronically, which should result in significant savings in paper and labor costs. She said these savings alone will probably cover any raise in Council salaries. Mosman proposed raising the Mayor's salary by$2,500 and Council salaries by$1,500. Neal pointed out that the City of Bloomington pays that much in health coverage alone for Council members. Neal said that Council pay increases must be approved by Council by Ordinance and would not go into effect until January 1. Mosman said the current method of paying for meetings in time increments can be problematic. She noted that Bloomington pays a flat rate for meeting attendance rather than increments. Jan is in favor of converting to this type of system, and suggested $35 per meeting. Butcher agreed with this suggestion. She would also like to see health coverage as an option, especially since several other communities in the comparison are now offering that benefit to Councilmembers. Mayor Tyra-Lukens asked Neal to look into the City's current policy for health care coverage for part-time employees. Tyra- Lukens asked how Councilmember Young, as a newer Councilmember, felt about the discussion. He said he has no problem with it. Mosman said she will work with Neal to formalize a proposal for Council consideration. II. PUBLIC HEARING PROCESS Neal said Mayor Tyra-Lukens had requested the public hearing process be reviewed at a Workshop. Neal noted that while most public hearings are perfunctory,they occasionally become raucous or repetitive. He pointed out that the City is not required to hold most public hearings at Council meetings; many could be done at the Planning Board level if Council wishes. Neal said there are tools to help control the length of public hearings. Mayor Tyra-Lukens said she doesn't feel there are currently problems with public hearings;however, she is in favor of adopting ground rules that can be used in case a particular hearing becomes repetitive or lengthy. Sherry also would like to have guidelines, and suggested that they be posted in the Council Chamber. Tyra-Lukens also pointed out that in addition to speaking at a public hearing,there are many other ways in which residents can provide input(phone calls, letters, e-mails, etc.). Tyra-Lukens said she likes the way Hennepin County uses a timer with a light that changes color when the speaker's time is up. This makes the process impartial,and does not require the meeting chair to cut off a speaker in mid-sentence. Councilmember Young said he does not think Council has too many public hearings. He likes to hear what the public has to say about issues. Sherry agreed,but said she would like to see some guidelines instituted. Young said using a clock-timer tends to be distracting to individuals who may already be uncomfortable speaking in public,but that a light-time might work well. Neal said staff will gather public hearing guidelines from other communities for Council to use as a starting point. Council Chamber III. OPEN FORUM A. John Schmelzle and Michael Rush—Ice Rinks Mr. Rush said the Hockey Association has been trying to get additional ice rinks built in Eden Prairie for 10 years. He thinks the Association has a plan that will work for them and for the City. He said the Association will build the rinks. All they need is land around Round Lake and the necessary variances from the City. Rush requested to work with staff to formalize his proposal. He said the Association is hoping to get a thumbs up or a thumbs down from Council within a couple of weeks. Mayor Tyra-Lukens asked why they want to locate the rinks at Round Lake Park rather than at the Community Center, as was proposed during the recent referendum. Rush said they really believe they need two rinks, and they will work best on the Round Lake site. He said the Association would build and pay for the rinks,then turn them over to the City for use during the rest of the year. He said the rinks would be covered,but the structures would be concrete rather than brick. Tyra-Lukens thanked Rush and Schmelzle for the presentation. She said action to direct staff to work on the proposal would need to be made during the regular Council meeting. B. Roger Person—Edenvale Outlot Mr. Person said he does not agree with the City's conclusion that Edenvale Outlot A should be turned over to the County for sale. He said a lot of the Edenvale Outlots are in limbo, and it would not be appropriate to turn the lot over at this time. He said this outlot was not listed on the memo the City issued a year and a half ago. In addition,he does not believe that nearby property owners are aware of the potential sale of this site. He believes the lot will be worth more if the adjacent lot is developed before the outlot is sold. He said he agrees with the City's analysis,but not with the solution. Parks Manager Stu Fox noted that Hennepin County is responsible for disposing of tax-forfeit property, and the City gains no value from the sale of the property. Person responded that he does not believe the property should ever have been considered as tax forfeit. He said the outlots were supposed to have been turned over to the City when the Edenvale Homeowners Association was dissolved. Councilmember Young asked why the property was being turned over to Hennepin County now,and what are the implications if the property is not sold? Fox said the County has been contacted by the adjacent property owner,who is interested in purchasing the outlot. Fox noted that alone the lot is not viable,but if combined with an adjacent lot,it could accommodate a single-family home. Young said that would mean that the person who would benefit from the land going tax forfeit would be the person who has the purchase agreement for the adjacent lot. Fox said adjacent property owners would be notified of the possible sale of the land if and when Council approves the Resolution declaring it tax forfeit. Resident Jeff Strate said the matter seems unclear, and asked that Council pull the item from the agenda for this meeting. He further stated that it looks as if there will be town homes built and that local homeowners are owed the time to be notified about this since it is currently open space. Strate also asked that the City Attorney be asked to research the dissolution of the Edenvale Association before this sale is allowed to proceed. C. Steve Wagner—Weed Control Mr. Wagner asked Council to take a look at the City's process for weed control enforcement. He said he requested an overgrown lot near his home be mowed by the City. He said the Council is aware of the situation and that he has talked with City Manager Scott Neal about it. Mayor Tyra-Lukens said Council and City staff have heard a lot about weeds this year. She noted that it has been difficult to keep up with mowing due to the amount of rainfall over the past month. Parks and Recreation Director Bob Lambert explained why it takes up to 30 days, and occasionally longer,to have a lot mowed. The process,which is dictated by state statutes,includes an inspection,notification of the owner,time for the owner to comply, and scheduling of the contractor who actually mows the lot. Lambert said the contractor is currently behind schedule because of rain,but the lot will be mowed tomorrow unless there is a heavy storm tonight. Lambert said the City receives about 60 weed complaints per year,and only two or three complainants per year indicate they are unhappy with the City's response. He said the City has had ongoing issues with the Post Brothers,but there are limits to what the City can do to resolve them. Tyra-Lukens asked why the City uses contractors to mow these lots instead of regular City staff. Lambert said staff is fully booked maintaining parks and ball fields,and they too are behind due to the weather. He said the City would have to hire additional staff just to deal with weed issues if they did not use contractors. Tyra-Lukens and Butcher both would like to fmd a way to shorten the process from the time a weed complaint is received until the lot is mowed. Tyra-Lukens asked what recourse the City has in dealing with repeat offenders. Neal said the current state statute does not provide a means of labeling and dealing with habitual offenders. IV. OPEN PODIUM V. ADJOURNMENT 5 UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY,JUNE 15,2004 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, Community Development Director Janet Jeremiah, City Attorney Ric Rosow and Council Recorder Theresa Brundage I. ROLL CALL/CALL THE MEETING TO ORDER Mayor Tyra-Lukens called the meeting to order at 7:01 p.m. Councilmember Case was absent. II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Tyra-Lukens added an item under Reports of Councilmembers regarding sprinklers.Neal said there is a question of the intent of Item H on the Consent Agenda. Mosman requested pulling for discussion Item H on the Consent Calendar. MOTION: Butcher moved, seconded by Mosman, to approve the agenda as published and amended. Motion carried 4-0. V. MINUTES A. CITY COUNCIL WORKSHOP HELD TUESDAY,JUNE 1,2004 MOTION: Young moved, seconded by Mosman, to approve the Minutes of the City Council Workshop held Tuesday, June 1, 2004. Motion carried 4-0. B. CITY COUNCIL MEETING HELD TUESDAY,JUNE 1, 2004 Tyra-Lukens said on Page 6,under the subheading of State Legislation Relating to Airports, there should be a break and number subsequent paragraphs following the motion as follows: 2. Southwest Metro; 3. Walkable Communities; and 4. Elected Officials' Pay. b CITY COUNCIL MINUTES June 15,2004 Page 2 MOTION: Mosman moved, seconded by Young, to approve as amended the Minutes of the City Council Meeting held Tuesday,June 1,2004. Motion carried 4-0. VI. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. WESTGATE OFFICE PARK by Klingelhutz Development Company. 2nd Reading for Zoning District Change from I-General to Office on 2.6 acres and Site Plan Review on 2.6 acres. Location: Current MnDot Right-of-way,North of Venture Lane. (Ordinance No. 16-2004 for Zoning District Change and Resolution No. 2004-92 for Site Plan Review) C. EDEN PRAIRIE TRANSFER STATION (BFI)by BFI. 2nd Reading for 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. (Ordinance No. 15-2004-PUD-10-2004 for PUD District Review,Zoning District Amendment, and Resolution No. 2004-93 for Site Plan Review) D. ADOPT RESOLUTION NO. 2004-94 APPROVING FINAL PLAT OF THE COLONY AT EDEN PRAIRIE E. DECLARE VEHICLES SCHEDULED FOR REPLACEMENT IN 2004 TO BE SURPLUS PROPERTY AND AUTHORIZE STAFF TO DISPOSE OF VEHICLES AT PUBLIC AUCTION AND/OR TRADE-IN F. APPROVE CHANGE ORDER NO.3 FOR CHARLSON AREA IMPROVEMENTS—PHASE II FROM INGRAM EXCAVATING. I.C. 02-5564 G. ADOPT THE GOLDEN TRIANGLE LAND USE/MULTIMODAL TRANSPORTATION EVALUATION AS AN ADVISORY TOOL WITH CONDITIONS H. ADOPT RESOLUTION NO. 2004-95 AUTHORIZING DISPOSAL OF THREE PARCELS OF TAX-FORFEITED LAND (OUTLOT A, EDENVALE 14TH ADDITION; OUTLOT A,MASSEE ADDITION; OUTLOT B,HIDDEN GLEN fiu I. AWARD CONTRACT TO RECONDITION LIFT STATION NO. 3 TO PARROT CONTRACTING, INC. J. AUTHORIZE ISSUANCE OF GRADING PERMIT TO C.H. ROBINSON FOR EXPANSION OF THE EXISTING PARKING LOT CITY COUNCIL MINUTES June 15, 2004 Page 3 MOTION: Butcher moved, seconded by Mosman, to approve Items A-J of the Consent Calendar, with the exception of Item H. Motion carried 4-0. Young stated he would also like to discuss Item G. Young said he is concerned that if light rail is to come to Eden Prairie, there is a desired path and he agrees with that, but as he reads the report prepared through Hennepin County, we are losing sight of the "if rail comes" and that is still a significant obstacle. He said he is very reluctant to adopt something as an advisory tool which is strongly geared towards the presence of light rail and he doesn't know if that is going to happen. He said this is putting the cart before the horse in a sense. He said he is reluctant to vote in favor of it when the entity which created it and the engineers that worked on it are politically influenced by Hennepin County which is a big proponent of light rail. Butcher asked if the language of the document is predicated on light rail. She said transit isn't just light rail; it's the bus system and multiple modes. Neal asked Community Development Director Janet Jeremiah to address Young's concerns. Jeremiah said the two modified land use scenarios recommended by the Planning Commission do both assume light rail through this area and are different in the alignments of light rail transit. She said staff had the same concern as Young with regard to uncertainty of the light rail and the alignment. She said it was suggested that it be subject to the condition that the preferred alignment is actually determined prior to it being an actual advisory tool or becoming a comprehensive plan amendment. Young said that is a very significant condition and he does not know why the council would adopt it with that big of a condition. Jeremiah said it is expected that it will take two years of additional study to determine the outcome of all of the conditions placed on this, so basically the intent of the motion is to say this study is done and it is believed to be preferred to continue to explore light rail through the area. She said the Planning Commission has recommended those alternatives as the preferred alternatives, however there are still unknowns and light rail is one of them. Jeremiah said it is suggested that Council direct staff to continue studying the three items listed as conditions. Franzen said when the study was first done, light rail was not part of the plan and actually whether it's option 1 or option 2 in regard to whether it's transit oriented or less transit oriented, the land use pattern didn't change in regards to where the light rail goes. He said he thinks Council could proceed with the redevelopment plan for that independent or regardless of whether the light rail goes there or not. Young said he does not read the document with that in mind. He said he is very much in favor of discussing redevelopment of the golden triangle or creating an advisory tool for purposes of that redevelopment, but there is too much interconnectedness with the light rail in this. Mosman said she thinks transit, whatever form it would take, is important in redevelopment and that is what the consultants said in developing the golden triangle and light rail is only one of the options. She said she did not read it as saying Council is favoring it. She said it is important to allow for it, if and when it would be there, and it would be poor planning if it were not included in the report. CITY COUNCIL MINUTES June 15,2004 Page 4 Butcher said because of the language of this being an evaluation and an advisory tool, she thinks it reflects what the Council has stood on in terms of the land use. Young said he would prefer to pull Item G and vote on it separately. MOTION: Butcher moved, seconded by Mosman, to amend the motion to reflect approval of Items A-J of the Consent Calendar with the exception of Items G and H. Motion carried 4-0. MOTION: Butcher moved, seconded by Mosman, to approve Item G of the Consent Calendar. Motion carried 3-1 with Young opposed. Regarding Item H of the Consent Calendar,Mosman said there was discussion on Open Forum tonight on whether or not there was notification for owners surrounding this piece of property when the county is going in and doing something. She said there was also a question about all these pieces of which this was potentially one of them and was not on the list and maybe some of the residents believed it should have been on the list. She said the whole list of parcels was evidently going to be analyzed by the city attorney and she wondered about the status of that. She said she does not know whether this particular parcel fits the criteria of the 20 other parcels. Rosow said he does not recall an analysis of this parcel. Councilmember Case arrived at approximately 7:15 p.m. Dietz said the Council did direct the way to explore the ways in which the 21 outlots identified in the February, 2003 list become owned by the City of Eden Prairie. After discussion, he said it was determined that each lot would need a title opinion which would mean thousands of dollars and a lot of work. He said one has been converted into city ownership,but this has not been a priority. Dietz said this particular outlot being discussed tonight was not one of the 21 and ownership was Edenvale Association before it became tax forfeit. He said he thinks the intent of this particular outlot was that it was going to be combined for development purposes. MOTION: Butcher moved, seconded by Case, to approve Item H of the Consent Calendar. Motion carried 5-0. Dietz said getting this parcel combined with the Anderson property only allows that some development could occur. If it were to be multi-family,there would be a public hearing process for the neighborhood and each of the adjacent properties will also have an opportunity to buy it through a sealed bid process. VII. PUBLIC HEARINGS /MEETINGS A. FLYING CLOUD MALL by Dennis Kleve. Request for Comprehensive Guide Plan Change from Industrial to Neighborhood Commercial on 2.96 acres, Planned Unit Development Concept Review on 2.96 acres,Rezoning from Commercial Highway to Neighborhood Commercial on .65 acres and rezoning from I-2 to Neighborhood Commercial on 2.31 acres,Preliminary Plat of 2.96 acres into 1 lot, and Site Plan Review on 2.96 acres. Location: Pioneer Trail and Highway 212. (Resolution No. CITY COUNCIL MINUTES June 15,2004 Page 5 2004-96 for Guide Plan Change,Resolution No. 2004-97 for PUD Concept Review, Ordinance for PUD District Review, Zoning District Change, and Resolution No. 2004-98 for Preliminary Plat) City Manager Scott Neal said official notice of this public hearing was published in the June 3, 2004,Eden Prairie Sun Current and sent to 28 property owners. He said this project is for a 25,000 square foot retail building and a guide plan change from Industrial to Neighborhood Commercial is required. He said this concept was first reviewed by the Community Planning Board at an informational meeting on December 5, 2003. The Board believed that a commercial use for the property was appropriate and that redevelopment on this site may be a catalyst for change on other sites. Neal said the Community Planning Board voted 8-0 to recommend approval of the project at the May 24, 2004 meeting, subject to architectural revisions to add more detail, different materials, lights, and to create a pedestrian scale. The plans have been revised to include additional brick, more columns, decorative wall lights, canopies, and windows. Tyra-Lukens asked if there are transportation issues around the site and if a transportation study had been done. She asked if informal numbers had been put together. Franzen said yes, the developer worked with the City's traffic engineer and looked at what impact would be caused by the project in the area. He said the study concluded that nothing more than upgrading that portion of the roadway through the project will be the only thing needed. He said this project will be started in the spring or summer of 2005 which would be consistent with the opening of the retail center. There were no comments from the public. MOTION: Butcher moved, seconded by Mosman, to close the Public Hearing; and Adopt the Resolution for Guide Plan Change from Industrial to Neighborhood Commercial on 2.96 acres; and Adopt the Resolution for Planned Unit Development Concept Review on 2.96 acres; and Approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Change from Commercial Highway to Neighborhood Commercial on .65 acres and from I-2 to Neighborhood Commercial on 2.31 acres; and adopt the Resolution for Preliminary Plat on 2.96 acres into 1 lot; and direct Staff to prepare a Development Agreement incorporating Staff and Board recommendations and Council conditions. Motion carried 5-0. B. GROOTWASSINK by Robert and Joan Grootwassink. Request for Planned Unit Development Concept Review on 7.88 acres, Planned Unit Development District Review and Zoning District Amendment in the Rural Zoning District on 7.88 acres, and Preliminary Plat of 7.88 acres into 2 lots. Location: 9999 Dell Road. (Resolution No. 2004-99 for PUD Concept Review, Ordinance for PUD District Review,Zoning District Amendment, and Resolution No. 2004-100 for Preliminary Plat) City Manager Scott Neal said official notice of this public hearing was published in the June 3, 2004,Eden Prairie Sun Current and sent to 10 property owners. He said this is /0 CITY COUNCIL MINUTES June 15,2004 Page 6 a preliminary plat in the Rural zoning district of 7.88 acres into two lots. Wavers are required for lot size, lot dimension and setbacks. The Community Planning voted 8-1 to recommend approval of the project to the City Council at the May 24, 2004 meeting, subject to soil tests verifying the suitability for septic tank use and inspection of the existing tank and drain field systems to determine if it meets current state standards. Franzen stated that page 106 of this meeting's packet(page 14 of Community Planning Board minutes) there were concerns about conditions or reasons for granting waivers. They were 1)Half of the property would have to be dedicated; 2)Half of the remaining land would be a conservation easement to protect the slopes and trees; 3) Demonstrate the ability to put another house on the property without crowding the lot; and 4) Demonstrate you can put a well, drainfield and back-up drainfield, septic tank that meets the current state and city standards. Tyra-Lukens asked if this is the same property as the McCollum property. Franzen said yes, Michael McCollum sold that property about three-quarters of a year ago. Tyra- Lukens asked what is different about this proposal vs. the McCollum proposal. Franzen said initially the McCollum proposal simply wanted to subdivide the property without dedicating property or providing the conservation easement. He said Lambert recommended that if half the property was dedicated and half of the remaining lots in conservation easement, it would go a long way to preserve a significant natural feature. Tyra-Lukens asked what our protection for the conservation easement is. Lambert said it is his contention that conservation easements only work when the adjacent neighbors understand they are there and support them. Case asked if the conservation easement is on the land on the north side of the road. Lambert said no, the land to the north is city property. Case said the land next to the road has 20-30 feet of buffer. Lambert said he thinks they may own a little bit of property on the other side of Turnbull Road. Case said he remembers talking to McCollum about the buffer area. Lambert said McCollum originally wanted to give just that protection, saying he wouldn't do anything across the road next to city property. He said the conservation easement is below the dotted line on the map. Case said he'd like to hear from the developer on what it would look like if a conservation easement was on the north few feet. He said the precedent becomes more significant down Turnbull Road. He said he is asking if it's important enough to establish a precedent on the north side of Turnbull. Lambert said from the survey, it looks like the city owns the land on the north side. Bob Grootwassink said he thought the property didn't touch the edge of the woods at all. Dietz said according to survey, the Grootwassinks are going to be dedicating an additional 17 feet on the south side of the existing Turnbull Road and it shows no additional land to the north of Turnbull Road. Tyra-Lukens suggested putting this under Council conditions and fmd out before the second reading. Case asked for verification on whether there is land on the north side of It CITY COUNCIL MINUTES June 15,2004 Page 7 the road that is privately owned. Grootwassink said he has no problem with that.Neal said staff can verify that between first and second readings. Mosman said she is pleased that lots 1 and 2 were obtained. She said when the McCollums were owners,they talked about neighbors to the east who cut down 50 mature trees on a weekend. She asked Lambert if someone is bent on breaking the rules,is there something that is stiff enough as a fine that would deter someone from doing this. Lambert said that is a question for the city attorney. Rosow said in instances such as this,in addition to a civil action, you could charge under a misdemeanor and seek restitution for the value of the trees. He said the district court doesn't look kindly on use of the criminal process for a lot of code enforcement type issues, so you would want to use it with discretion. Mosman said the idea would be to be proactive enough and have something with a strict enough consequence if someone ruined part of the conservation easement. Rosow said the tools are there to charge violation of the ordinance as a misdemeanor and to go through that court process and seek restitution from someone who cut down a significant number of trees. Mosman asked what ruling would be for a small or inadvertent encroachment. Rosow said there is a range of tools in any code violation and the city has worked with property owners in an administrative fashion to require that they restore city property to its original condition,talking with them and explaining what they need to do. He said in situations where people cut down trees, it may take more than administrative tools.He said it would not be extremely difficult to prove intent and that through working with the district court to impose fines that are a significant deterrent and seek restitution;the city could send a message that it is not acceptable behavior. Mosman asked if it had been previously discussed about putting in some type of post to show where public property started so that ignorance would not be a reason or an excuse. Lambert said there was a plastic post put in the ground and people tend to pull it out.He said people tend to remove the post no matter what kind of post is put in. Mosman said this in no way reflects on the new owners. Tyra-Lukens clarified that this is no reflection on the property owners and there has been no violation of code at this point. She said the current discussion is in general terms only and the owners have not yet built a structure on the property. Butcher said she likes this plan and it is different than the McCollum plan in that it protects the bluff, she would like a conservation easement, and it is a good model for the area. She asked what the one dissent was about in the Community Planning Board vote of 8-1. She said there was nothing about that in the notes. Franzen said he does not believe there is anything in the minutes that talks about the reason for denial.He said he guesses the concern may have been whether or not adequate safeguards are in place or that the reasons attached for granting of the variance. Butcher said she is in favor of this and likes the way it protects natural resources though after it is determined if there is ownership of land on the north side of Turnbull, she CITY COUNCIL MINUTES June 15,2004 Page 8 would like to see a condition placed that if it is a nominal amount of land then that be turned over to the city. Gary Stevens, 17650 Flying Cloud Drive, said he is pleased that the area will be protected and he thinks it's wonderful that the city continues to not allow high density housing in the area. Jeff Strate, 15021 Summer Hill Drive, asked if the MUSA line includes the bluff top. Mosman said it looks like it comes right along the edge of the house that is proposed and the rest of the property is beyond the MUSA line. Strate said Turnbull Road is a private road and asked if neighbors who live along it own sections of it. Dietz said he recalls that there was a Turnbull subdivision and a portion of the roadway was dedicated for right of way and the westerly end at Dell Road is still private but this will be clarified by second reading. Strate said this area should be as low density as possible. He said the important land is not so much the bluff,but the Riley Creek conservation area. He asked if there is some way the city could work out a concept with the land owners and developers on this property that would apply to the other properties as much as possible. He said once the Turnbull Road situation is worked out,perhaps an arrangement could be made for land owners to deed a strip of land adjacent to the big woods to the city. He also suggested realigning Turnbull Road to the south to add more buffer to the Riley Creek Big Woods. MOTION: Case moved, seconded by Butcher,to close the Public Hearing. Motion carried 5-0. Case said the implications on the north side of the road become greater heading east on Turnbull and even if there is three feet on the north side of the road on this property, it might be smart to set the precedent of at least acknowledging that the buffer is a critical component of future development along that road. MOTION: Mosman moved, seconded by Case,to adopt the Resolution for Planned Unit Development Concept Review on 7.88 acres; and approve 1st Reading of the Ordinance for Planned Unit Development District Review and Zoning District Amendment in the Rural District on 7.88 with waivers on 7.88 acres; and Adopt the Resolution for Preliminary Plat on 7.88 acres into 2 lots; and direct Staff to prepare a Development Agreement incorporating Staff and Board recommendations and Council conditions. Motion carried 5-0. VIII. PAYMENT OF CLAIMS MOTION: Case moved, seconded by Mosman, to approve the Payment of Claims. The motion was approved on a roll call vote,with Butcher, Case,Mosman,Young and Tyra- Lukens voting"aye." l3 CITY COUNCIL MINUTES June 15,2004 Page 9 IX. ORDINANCES AND RESOLUTIONS X. PETITIONS,REQUESTS AND COMMUNICATIONS XI. REPORTS OF ADVISORY BOARDS & COMMISSIONS XII. APPOINTMENTS XIII. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Automatic Sprinklers—Citizen Concern Tyra-Lukens reported information was conveyed to her from a resident who was upset when they were driving in a rainstorm and saw automatic sprinklers operating on city and school district properties. She asked if the City could look into the cost of devices that will not go on when rain is detected. She said the information could be passed along to the school district also and show that the City and school district are concerned about conservation.Neal said staff will look into it. Case noted that the school district uses some wells that are not on city water. 2. Hockey Rink Issue Tyra-Lukens said she also wants to respond to the hockey rink issue from Open Podium tonight. She said in trying to meet the needs of citizens, a hockey group is willing to pay for something and the possibility of whether it's feasible should be explored.Neal said it sounds like Council is interested in seeing a proposal and from staff stand point,the first thing is to ask for a more detailed proposal.He said the process has already started with the Community Development regulatory process. Young said he is concerned about how neighbors would feel about structures being built there and what the structures would look like.Neal said staff will provide as much information as possible during the next couple weeks. Butcher said she is concerned about the neighbors also because there are standards in neighborhoods, so it would be a good idea to get input from neighbors.Neal said there would probably be a public hearing as staff looks at the regulatory process for the project and there will be a way to involve the Parks and Recreation board. B. REPORT OF CITY MANAGER 1. Clean Indoor Air Task Force Report CITY COUNCIL MINUTES June 15,2004 Page 10 Neal said earlier this spring the final report was received from the Clean Indoor Air Task Force. He said staff looked at the report he wants to provide his recommendation based on their report. He said generally,his recommendations involve the following: • He believes the City should proceed with development of the program as recommended by the task force with the exception of organizing a newspaper campaign as it is not an appropriate activity for City staff; and also to take a look at reevaluating the use of the star symbol as it already has a use in the hospitality industry. • The program should be launched during the November Smoke Out later this year. • Whatever program is adopted, it should be coordinated with the tri-city non-smoking restaurant and hospitality oriented program that exists in Edina,Richfield and Bloomington. • Assign Molly Kuavimaki to be the lead staff person to manage the program. Young said he is unclear on Recommended Business Marketing Strategy in that the remainder of efforts would be undertaken by City staff. Neal said City staff would be in charge of essentially marketing the program,but he would draw a line between marketing the program and political advocacy for the program. Young asked who is going to do Recommended Consumer Marketing. Neal said citizens would be encouraged to participate,but it would probably be done through the same marketing used to get businesses to participate in the program. Young asked if II.B.l. is out.Neal said yes. Young asked if trinkets,t-shirts, booths at community events,brochure, and web site update are in.Neal said those particular items he has taken to be suggestions about how to market the program. Young asked if there is a budget for the program. Neal said the budget was estimated at$9,000 per year, exclusive of staff. Young asked if use of the star symbol was a critical component of the recommendation. Neal said that might be an exception that the group that put this together might have with him,but those involved have a common goal of getting the program accepted by the people they want it to be accepted by. Neal said if a group chooses not to participate simply because of the symbol, then a symbol that they would be comfortable with should be chosen. He said he spoke with Pat MulQueeny of the Chamber of Commerce about the recommendation and he was satisfied that it was a good recommendation and he pledged to work with the City to figure out what symbol would be best to use. MOTION: Mosman moved, seconded by Case, to accept the City Manager's recommendations on the Clean Indoor Air Task Force program. Motion carried 4-1 with Young opposed. 15 CITY COUNCIL MINUTES June 15,2004 Page 11 C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Upcoming Park Dedication Ceremonies Lambert announced there are five significant projects that will be completed this year in the parks system and park dedication ceremonies need to be set. Frederick-Miller Spring Options: Tuesday, August 3 or Tuesday,August 17 at 6 p.m. (prior to Council meeting) or Wednesday, August 4 or Thursday August 5 at 6:00 p.m. Tyra-Lukens and Mosman stated they would have a problem with the August 5 date.Neal suggested and it was agreed to set Tuesday, August 3, in lieu of a workshop. Richard T.Anderson Conservation Area Options: Tuesday, September 7 or Tuesday, September 21, at 6 p.m(prior to the Council meeting) or Tuesday, September 28, at 6:00 p.m. Tyra-Lukens said she has a conflict on the 28th. It was agreed to set Tuesday, September 7. Purgatory Creek Recreation Area Saturday, September 18 at 1 p.m. Jean Harris Bridge Dedication Saturday, October 9, at 10:30 a.m. Tyra-Lukens said she will be unavailable this date,but Case will serve as Acting Mayor for the dedication. Riley—Jacques Barn Dedication The Recreation Staff is looking at a public program on one of the following dates: Saturday, September 25 or Sunday, September 26, from 1-4 p.m. or Saturday, October 2 or Sunday, October 3, from 1 —4 p.m. Tyra-Lukens said she has a conflict October 2 and 3. It was agreed to set Sunday, September 26. 16 CITY COUNCIL MINUTES June 15,2004 Page 12 Other Programs occurring this fall: Sunbonnet Day at the J.R. Cummins Homestead on Sunday, September 12 from 12:30 to 4:30 p.m. E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XIV. OTHER BUSINESS XV. ADJOURNMENT MOTION: Mosman moved, seconded by Case, to adjourn the meeting. Motion carried 5-0. Mayor Tyra-Lukens adjourned the meeting at 8:17 p.m. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar July 6, 2004 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Police/C.O.P. Unit Clerk's License Application List A . Christy Weigel , A These licenses have been approved by the department heads responsible for the licensed activity. Temporary Liquor Organization:EP Lions Club Event: Hennepin Tech College Date: October 23, 2004 Place: 13000 College View Drive Temporary Beer Organization: Wings of the North Event: AirExpo 2004 Date: July 24-25, 2004 Place: Flying Cloud Airport 7V- Id U CITY COUNCIL AGENDA DATE: 07/6/04 SECTION: Consent Agenda DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development/Planning 1�I Janet Jeremiah Settlers West _Y_L . .J Danette Moore Requested Action Move to: • Approve 2nd Reading of the Ordinance for Zoning District Change from Rural to R1-13.5 on 11.07 acres; and • Approve the Development Agreement for Settlers West; and • Approve the Cooperative Agreement between the City of Chanhassen and the City of Eden Prairie for Settlers West. Synopsis This proposal is for 10 single family lots and 3 outlots. Attachments 1. Ordinance for Zoning District Change 2. Development Agreement SETTLERS WEST CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND ADOPTING BY REFERENCE CITY CODE CHAPTER 11 AND SECTION 11.99 WHICH,AMONG OTHER THINGS,CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance(hereinafter,the "land")is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Rural District and be placed in the R1-13.5 District. Section 3. The proposal is hereby adopted and the land shall be, and hereby is removed from the Rural District and shall be included hereafter in the R1-13.5 District, and the legal descriptions of land in each District referred to in City Code Section 11.03, Subdivisionl, Subparagraph B, shall be, and are amended accordingly. Section 4. City Code Chapter 1, entitled"General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation"and Section 11.99, "Violation a Misdemeanor"are hereby adopted in their entirety,by reference, as though repeated verbatim herein. Section 5. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of July 6, 2004, entered into between Settlers West Limited Partnership and the City of Eden Prairie, and which Agreement is hereby made a part hereof. Section 6. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 4th day of May,2004, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the 6th day of July,2004. ATTEST: Kathleen A.Porta, City Clerk Nancy Tyra-Lukens,Mayor PUBLISHED in the Eden Prairie Sun Current on D.Q EXHIBIT A Legal Description— Settlers West Legal Description Before Final Plat Lot 1,Block 1,DORENKEMPER ESTATES, according to the recorded plat thereof,Hennepin County,Minnesota. Legal Description After Final Plat Lots 1 and 2, Block 1, Lotsl to 5, Block 2, and Lots 1 to 3, Block 3, Settlers West,Hennepin County,Minnesota. I SETTLERS WEST CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER,AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99,WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA, ORDAINS: Summary: This ordinance allows rezoning of land south of Pioneer Trail and north of Vogel Farm Trail, from Rural to R1-13.5 Zoning District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen A. Porta, City Clerk Nancy Tyra-Lukens,Mayor PUBLISHED in the Eden Prairie Sun Current on . (A full copy of the text of this Ordinance is available from City Clerk.) 09\ COOPERATIVE AGREEMENT BETWEEN THE CITY OF CHANHASSEN AND THE CITY OF EDEN PRAIRIE FOR SETTLERS WEST This Agreement is entered into as of , 2004, by the City of Eden Prairie and the City of Chanhassen,both municipal corporations under the laws of the State of Minnesota. WHEREAS, The Pemtom Land Company("Pemtom") owns property legally described on Exhibit A attached hereto (the "Property"). A portion of the property is located in the City of Chanhassen ("Settlers West Carver") and a portion of the property is located within the City of Eden Prairie("Settlers West Hennepin"), collective referred to as Settlers West; WHEREAS, Pemtom has requested, and the City of Chanhassen is willing to allow, the City of Eden Prairie to provide municipal sewer and water to the property owned by Pemtom located in the City of Chanhassen. NOW,THEREFORE,the parties hereto agree as follows: 1. Sewer and Water Service. A. Upon approval of the Settlers West Carver plat for the property legally described on Exhibit A within the City of Chanhassen, the City of Eden Prairie shall allow Pemtom to connect the homes to be built on lots in said plat into the municipal sewer and water system owned by the City of Eden Prairie. This sewer and water system is located within CSAH#1 right of way adjacent to proposed Outlot A of the Property as well as in Explorer Trail and Vogel Farm Road adjacent to said Property o n the east side t hereof,providing sanitary sewer and a 1 ooped water system. B. The sewer and water pipes to be built by Pemtom in public right-of- ways/easements within the Settlers West Carver plat at Pemtom's expense shall conform to the plans and specifications approved by the City of Eden Prairie. Upon completion thereof, such sewer and water pipes shall be owned and operated by the City of Eden Prairie which shall maintain them and allow use of them b y the owners o f t he 1 ots i n the Settlers West C arver plat, subject t o the policies, rules and regulations of the City of Eden Prairie which apply to other residential lots in the City of Eden Prairie. C. The City of Eden Prairie shall bill the owner of each lot within the Settlers West Carver plat for sewer and water service. The charges for said sewer and water service shall include a penalty for late payment equal to at least 5% of the billing. The City of Chanhassen,pursuant to Minnesota Statute § 444.075, subd. 3, agrees to promptly certify the delinquent sewer and water bills against the property for collection with real estate taxes if requested to do so by the City of Eden Prairie. Upon collection by the City of Chanhassen, it shall remit amounts collected, less 5%,to the City of Eden Prairie. a3 D. Any time there is an interruption of water or sanitary service to the City of Chanhassen residents, the City of Eden Prairie shall notify, in the same manner it provides notice to Eden Prairie residents, the impacted residents and the City Manager of Chanhassen. The notification shall clearly indicate a contact person at the City of Eden Prairie. E. Permits for the connection of sanitary sewer and water service from the street to each lot will be administered by the City of Eden Prairie. Inspection of these lines will also be performed by the City of Eden Prairie. The water meter and horn for each lot will be sold by the City of Eden Prairie. Plumbing permits for piping within the homes, along with the associated inspection, will be administered by the City of Chanhassen. 2. Street Maintenance&Repair. A. All reasonable street repairs associated with the maintenance of the City of Eden Prairie's utility system, located within the City of Chanhassen will be the responsibility of the City of Chanhassen, provided the City of Eden Prairie provides fourteen (14) days written notice to the City of Chanhassen of any intended utility repairs, except in the case of an emergency, in which case notice shall be provided as soon as practical. The City of Chanhassen shall have 10 days to review and approve the specifications relating to such repair ("Review Period"). Any objections to the specifications must be made within the Review Period or the specifications will be deemed approved. Upon completion of such repair, the City of Chanhassen will invoice the City of Eden Prairie for all reasonable costs associated with the street repairs. The City of Eden Prairie agrees to pay for reasonable paving expenses resulting from the repair of the utility system, located in the City of Chanhassen. B. In the case of emergency repairs to the City of Eden Prairie's utility system,when it i s impossible for the City o f E den Prairie t o give fourteen(14) days written notice of intended repair work to the City of Chanhassen, the City of Eden Prairie shall restore the street to a minimum condition of a gravel surface within 72 hours so access can be gained by residents and the public. The City of Chanhassen will then repave the disturbed road section and invoice the City of Eden Prairie for all reasonable paving expenses. The City of Eden Prairie agrees to pay for reasonable paving expenses resulting from the repair of the utility system. C. Street repair resulting from the repair of the utility system to be provided under paragraphs A or B above shall include, without limitations, all reasonable administrative costs, engineering costs, costs of materials, labor, and all other construction costs associated with street repairs. D. The City of Chanhassen shall be responsible for snowplowing/street sweeping from the intersection of E xplorer Trail/Settlers West Road and extending south into Chanhassen to the cul-de-sac terminus of Settlers West Road. The City of Eden Prairie shall be responsible for snowplowing/street sweeping from Pioneer Trail, south along Settlers West Road, to the intersection of Explorer Trail and from this intersection, east to the existing Settlers Ridge development. �,y E. Timing of the reconstruction of streets within the City of Chanhassen shall be coordinated, to the greatest extent possible, with the replacement of the City of Eden Prairie-owned sanitary sewer and watermains. 3. Trail Maintenance &Repair. The City of Chanhassen will own and maintain the public trail system within the City of Chanhassen. The City of Eden Prairie will own and maintain the public trail system within the Eden Prairie. 4. Water Use Restriction. The City of Eden Prairie will inform the City of Chanhassen in writing of any water emergencies declared by the City of Eden Prairie and the restrictions imposed as a result thereof. The City of Chanhassen agrees to implement and enforce the same restrictions on that area within the City of Chanhassen served by water from the City of Eden Prairie as are imposed by Eden Prairie on other Eden Prairie residential areas. 5. Storm Sewer Ownership/Maintenance The City of Chanhassen will own and maintain the public storm sewer system within the City of Chanhassen. The City of Eden Prairie will own and maintain the public storm sewer system within the City of Eden Prairie. 6. Erosion Control and Maintenance The City of Chanhassen shall include in its Development Agreement with Pemtom the following language: Outlot F, Settlers West, Carver County, Minnesota shall be maintained by the owner of Outlot F, such that erosion does not occur. If erosion does take place and extends into the City of Eden Prairie, repair to the eroded areas located within the City of Eden Prairie shall be repaired by the owner of Outlot F and at no expense to the City of Eden Prairie. The City of Eden Prairie is an intended third party beneficiary of this paragraph and the City of Eden Prairie shall have the right to enforce the terms of this paragraph by all legal and equitable remedies including but not limited to abatement, injunction and damages. 7. Project Approval This Agreement is applicable to the Settlers West project as approved by the respective City Councils. No additional units or density may be connected to the City of Eden Prairie's utility s ystem without the approval i n its s ole discretion o f t he City o f Eden Prairie and an amendment to this Agreement agreed to in writing by both parties. 8. Indemnification cs, Each party is responsible for its own acts, omissions and the results thereof to the extent authorized by law and will not be responsible for the acts and omissions of others and the results thereof. Minnesota Statutes § 466 and all other applicable law govern the liability of the parties. It is understood and agreed that this Agreement is entered into solely for the benefit of the parties to this Agreement and there are no third-party beneficiaries. 9. Dispute Resolution Any dispute relating to this Agreement shall be submitted to mediation. Upon service of a written notice requesting mediation, the parties shall have ten (10) days to select a mediator. If the parties are unable to agree upon a mediator, the Chief Judge of the 4cn Judicial District, Hennepin County, Minnesota, shall select a mediator. The mediation shall be conducted pursuant to the procedures used by the mediator, provided that the entire mediation process be concluded within thirty (30) days of appointment of the mediator, or within such other time as the parties may agree in writing. Each party shall bear its own cost of the mediation process. The parties shall share equally the fees and expenses of the mediator. No action shall be commenced in any court to enforce or otherwise imply, interpret, or seek cure for a breach of this Agreement, excluding an action requesting a Temporary Restraining Order, before the completion of the dispute resolution process outlined in this section. Neither party shall assert, plead, raise, allege, or rely upon the applicable statute of limitations, laches, timeliness, delay, or any other defense based on the passage of time during the dispute resolution process in any subsequent judicial or administrative proceeding. 10. Entire Agreement It is understood and agreed that the entire agreement of the parties is contained in this Agreement and it supersedes all oral agreements and negotiations between the parties relating to the issues discussed in this Agreement. 11. Data Practices The parties agree to abide by the provisions of the Minnesota Government Data Practices Act, Minnesota Statute § 13, as amended, and Minnesota Rules promulgated pursuant to Chapter 13. Each party agrees to hold the other parties harmless from any claims resulting from and unlawful disclosure or use of data, by its respective personnel, protected under state and federal laws. 12. Audits The parties agree to comply with Minn. Stat. § 16C.05, Subd. 5 regarding audits. 13. Notices Notices to be given under this Agreement shall be given by enclosing the same in a sealed envelope, postage prepaid and deposited in same in the U.S. Postal Service, addressed to the parties as listed below: City of Eden Prairie City of Chanhassen ATTN: Eugene Dietz ATTN: Todd Gerhardt, City Manager Eden Prairie City Offices Chanhassen City Hall 8080 Mitchell Road 7700 Market Boulevard Eden Prairie, MN 55344-2230 PO Box 147 Chanhassen, MN 55317 14. Signing of Agreement. This Agreement may be signed in counterparts and on different dates by each party without affecting the validity thereof. CITY OF CHANHASSEN: By Tom Furlong Its: Mayor And By Todd Gerhardt Its: City Manager Date CITY OF EDEN PRAIRIE: By Nancy Tyra-Lukens Its: Mayor And By Scott Neal Its: City Manager Date STATE OF MINNESOTA ) ) ss. COUNTY OF ) This instrument was acknowledged before me on this day of , 2004, by Tom Furlong, its Mayor, on behalf of the City of Chanhassen. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF ) This instrument was acknowledged before me on this day of , 2004, by Todd Gerhardt, its City Manager, on behalf of the City of Chanhassen. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF ) This instrument was acknowledged before me on this day of , 2004, by Nancy Tyra-Lukens, its Mayor, on behalf of the City of Eden Prairie. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF ) This instrument was acknowledged before me on this day of , 2004, by Scott Neal, its City Manager, on behalf of the City of Eden Prairie. Notary Public g:\eng\projects\settlers west\cooperative agreement revised 6-21-04.doc P:\Home\EP\Public Works\Settlers\Vest\COOPERATIVE AGREEMENT-8-62204.doc DEVELOPMENT AGREEMENT SETTLERS WEST THIS DEVELOPMENT AGREEMENT("Agreement")is entered into as of July 6,2004, by Settlers West Limited Partnership, a Minnesota Limited Partnership Corporation, hereinafter referred to as "Developer," its successors and assigns, and the CITY OF EDEN PRAIRIE, a municipal corporation,hereinafter referred to as "City": WITNESSETH: WHEREAS,Developer has applied to City for Zoning District Change from Rural to R1- 13.5 Zoning District on 11.07 acres and Preliminary Plat of 11.07 acres into 10 lots and 3 outlots, legally described on Exhibit A(the"Property"); NOW,THEREFORE,in consideration of the City adopting Ordinance No. for Zoning District Change from Rural to R1-13.5 11.07 acres and Resolution No. for Preliminary Plat,Developer agrees to construct, develop and maintain the Property as follows: 1. PLANS: Developer shall develop the Property in conformance with the materials revised and stamp dated July 18,2004,reviewed and approved by the City Council on May 4,2004, (hereinafter the "Plans") and identified on Exhibit B, subject to such changes and modifications as provided herein. 2. EXHIBIT C: Developer agrees to the terms, covenants, agreements, and conditions set forth in Exhibit C. 3. ACCESS PERMIT: Prior to issuance by the City of any permit for the construction of streets and utilities for the Property. Developer shall obtain,from Hennepin County,a permit for access to CSAH 1, and provide a copy of said permits to the City Engineer. 0.9 • 5. DEVELOPER'S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a violation of City Code relating to use of the Land construction thereon or failure to fulfill an obligation imposed upon the Developer pursuant to this Agreement, City shall give 24 hour notice of such violation in order to allow a cure of such violation, provided however, City need not issue a building or occupancy permit for construction or occupancy on the Land while such a violation is continuing, unless waived by City. The existence of a violation of City Code or the failure to perform or fulfill an obligation required by this Agreement shall be determined solely and conclusively by the City Manager of the City or a designee. 6. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall release,defend and indemnify City,its elected and appointed officials,employees and agents from and against any and all claims, demands, lawsuits, complaints, loss, costs (including attorneys' fees), damages and injunctions relating to any acts, failures to act, errors, omissions of Developer or Developer's consultants,contractors,subcontractors,suppliers and agents. Developer shall not be released from its responsibilities to release, defend and indemnify because of any inspection,review or approval by City. 7. EROSION CONTROL AND MAINTENANCE: Prior to the release of the final plat for any p ortion o f the Property,D eveloper s hall furnish proof to the City Engineer of the recording with the Carver County Recorder/Register of Titles of an agreement between Developer and the City of Chanhassen which contains the following paragraph: Outlot F,Settlers West,Carver County,Minnesota shall be maintained by the owner of Outlot F,such that erosion does not occur.If erosion does take place and extends into the City of Eden Prairie, repair to the eroded areas located within the City of Eden Prairie shall be repaired by the owner of Outlot F and at no expense to the City of Eden Prairie. The City of Eden Prairie is an intended third party beneficiary of this paragraph and the City of Eden Prairie shall have the right to enforce the terms of this paragraph by all legal and equitable remedies including but not limited to abatement, injunction and damages. 8. GRADING,DRAINAGE,AND EROSION CONTROL PLANS: A. FINAL GRADING AND DRAINAGE PLAN: Developer agree that the grading and drainage plan contained in the Plans may require revision based on review by the City Engineer of the final construction documents which include a construction grading and drainage plan. Prior to the release of a land alteration permit for the Property,Developer shall submit and obtain the City Engineer's written approval of the construction grading and drainage plan for the Property. The construction grading and drainage plan shall include all wetland, wetland buffer strips,wetland buffer monument locations, water quality ponds, storm water detention areas and other items required by the application for and release of a land alteration permit.All design calculations for storm water quality and quantity together with a drainage area map shall be submitted with the final grading and drainage plan. Prior to release of the grading bond, Developer shall certify to the City that the water quality pond conforms to the final grading plan. Developer shall employ the design professional who prepared the construction grading plan.The design professional shall monitor construction for conformance to the approved construction grading plan and City erosion control policy. The design professional shall provide a final report to the City certifying completion of the grading in conformance the approved construction grading plan and City erosion control policy. B. EROSION CONTROL PLAN: Prior to issuance of a land alteration permit, Developer s hall submit t o the City Engineer and obtain City Engineer's written approval of an erosion control plan for the Property. The erosion control plan shall include all boundary erosion control features,temporary stockpile locations and turf restoration procedures: All site grading operations shall conform to the City's Erosion Control Policy labeled Exhibit D, attached hereto and made a part hereof. Prior to release of the grading bond,Developer shall complete implementation of the • approved plan. Developer shall remove any sediment that accumulates in the existing and/or proposed sedimentation pond during construction. Upon request by the City, Developer shall provide preconstruction and post construction surveys for evaluation by City. 9. LANDSCAPE PLAN: Prior to building permit issuance,the Developer shall submit to the City Planner and receive the City Planner's written approval of a final landscape plan for the Property. The approved landscape plan shall be consistent with the quantity,type, and size of plant materials shown on the landscape plan on the Plans. Prior to building permit issuance,Developer shall furnish to the City Planner and receive the City Planner's approval of a landscape bond equal to 150% of the cost of said improvements as required by City Code. Prior to issuance of any occupancy permit for the Property, Developer shall complete implementation of the approved landscape plan in accordance with the terms and conditions of Exhibit C. 10. OUTSIDE STORAGE: Developer shall not permit on the Property any outside storage of inoperable automobiles, automobile parts, equipment, inventory or refuse. 11. PERFORMANCE STANDARDS: Developer agrees that the Property will be operated in a manner meeting all applicable noise,vibration,dust and dirt,smoke,odor and glare laws and regulations. Developer further agrees that the facility upon the Property shall be operated so noise,vibration,dust and dirt,smoke,odor and glare do not go beyond the Property boundary lines. Prior to issuance of any certificate of occupancy for the Property,Developer shall provide to the City Engineer upon request,proof that the pond size has not diminished from the original design volume because of sedimentation,erosion or other causes,and that the pond has been restored to its original volume if the pond size has diminished. 12. RETAINING WALLS: Prior to issuance by the City of any permit for grading or construction on the Property, Developer shall submit to the Chief Building Official, and obtain the Chief Building Official's written approval of detailed plans for the retaining walls identified on the grading plan in the Plans. These plans shall include details with respect to the height,type of materials,and method of construction to be used for the retaining walls. Developer shall complete implementation of the approved retaining wall plan in accordance with the terms and conditions of Exhibit C, attached hereto, prior to issuance of any occupancy permit for the Property. 13. SIDEWALK AND TRAIL CONSTRUCTION: Prior to issuance by City of any building permit on the Property, Developer shall submit to the Director of Parks and Recreation Services and obtain the Director's written approval of detailed plans for sidewalks and trails • to be constructed on the Property. Developer shall convey a ccess e asements for such sidewalks and trails in such locations as determined by the Director of Parks and Recreation Services. Sidewalks and trails shall be constructed in the following locations: A. A five-foot wide concrete sidewalk to be located on the east side of Settlers West Road and the north side of Explorer Trail, as depicted in the Plans. B. An eight-foot wide bituminous trail to be located on Outlot D, as depicted in the Plans. Prior to the release of the first building permit for the Property,Developer shall submit to the Director of Parks and Recreation Services proof that the easements have been recorded in the Hennepin County Recorder's office/Registrars of Titles' Office, and is a valid enforceable agreement against all current owners of any portion of the property. 14. SPECIAL ASSESSMENT AGREEMENT: Prior to the release of the final plat for the Property,an assessment agreement,in the form and substance as attached in Exhibit E,shall be signed by the owner(s) of the Property with the City for trunk sewer and water assessments on an assessable area of 7.02 acres in the amount of$38,680.20. 15. STREET AND UTILITY PLANS: Prior to issuance by the City of any permit for the construction of streets and utilities for the Property, Developer shall submit to the City Engineer,and obtain the City Engineer's written approval of plans for public streets,sanitary sewer,water and storm sewer. Plans for public infrastructures shall be of a plan view and profile on 24 x 36 plan sheets consistent with City standards. A permit fee of five percent of 2construction value shall be paid to City by Developer. The design engineer shall provide daily inspection,certify completion in conformance to approved plans and specifications and provide record drawings. 16. COOPERATIVE AGREEMENT BETWEEN CITY OF CHANHASSEN AND CITY OF EDEN PRAIRE: Developer acknowledges and consents to that certain Cooperative Agreement Between the City of Chanhassen and the City of Eden Prairie For Settlers West(hereinafter"Cooperative Agreement") dated as of , 2004. Prior to release of the final plat for any portion of the Property, Developer shall submit proof to the City Engineer that the Cooperative Agreement has been filed for record with the Carver County Recorder/Register of Titles. 17. DONATION TO CITY: The City of Chanhassen has requested that the City enter into the Cooperative Agreement. Although not otherwise legally obligated to reimburse the City for any expenses it will incur as a result of the Cooperative Agreement,the Developer has volunteered to donate to the City • the sum of$1,000,000.00(hereinafter referred to as the"Donation"). The Developer has volunteered and the City will accept payment as follows: • Prior to the release of the final plat,Developer shall donate$172,413.37 to the City. • 48 equal installments of$17,413.37(each payment hereinafter being referred to as a "Donation Installment")Each Donation Installment shall be payable upon issuance of a building permit for a platted residential lot within the City of Chanhassen, as depicted in Exhibit B. In addition to any other remedy granted to the City by this Development Agreement the Developer agrees the City shall have the following remedy. Developer agrees that the Donation or such portion thereof which has not been paid shall oe a lien upon all lots comprising the 48 lots within the City of Chanhassen, as depicted in Exhibit B for which a Donation Installment has not been paid. Issuance of a building permit without payment by the Developer of the applicable Donation Installment shall be considered a default by the Developer. In the case of default by the Developer in the payment of a Donation Installment, Developer confers upon the City the option of declaring the entire unpaid balance of the Donation immediately due and payable without notice,and hereby authorizes and empowers the City to foreclose the lien created by this paragraph in the same manner as a mortgage by judicial proceedings or to sell the such lots comprising the Property for which a Donation Installment has not been paid at public auction and convey the same to the purchaser in fee simple in accordance with the statute governing mortgage foreclosures, and out of the money's arising from such sale to retain all sums secured hereby,with interest and all legal costs and charges of such foreclosure and the maximum attorney's fees permitted by law for a mortgage foreclosure,which costs,charges and fees the Developer agrees to pay.The terms of this paragraph shall run with the Property and bind the parties hereto and their successors in interest. n 18. WETLAND PLAN: Prior to release of the final plat for any portion of the Property,Developer shall submit to the Environmental Coordinator and receive the Environmental Coordinator's approval of a Wetland Plan. The approved Wetland P lan s hall b e c onsistent with the m aterials and requirements shown on the Plans and as required by City Code. The Plan shall include the following elements. A. Wetland Buffer Strip Vegetation Evaluation: Developer shall submit to the City a Wetland Buffer Strip Evaluation Report ("Buffer Report") in accordance with the Wetland Plan and City Code requirements prior to release of the final plat for any portion of the Property. If the Buffer Report identifies any unacceptable vegetation or other conditions in the wetland and wetland buffer strip areas as required in City Code Section 11.51,Subd.9,the wetland and/or wetland buffer strip shall be graded, treated, reseeded and/or replanted (thereon known as "Landscaping", or "Landscaped")by the Developer within 90 days of submission of the Buffer Report. If Landscaping of the wetland and/or wetland buffer strip is required,the Developer shall submit a signed statement by a qualified wetland consultant, as determined by the City Manager, stating that the wetland and/or wetland buffer strip vegetation complies with all City requirements within 30 days of completion of the Landscaping of the wetland and/or wetland buffer strip. B. Annual Wetland and Wetland Buffer Strip Evaluation: Prior to release of the final plat for any portion of the Property, Developer shall submit a signed contract with a qualified w etland c onsultant, a s determined b y the C ity M anager and/or designee,for preparation of an Annual Wetland and Wetland Buffer Strip Evaluation Report (Annual Buffer Report) that evaluates the condition of the wetland(s) and wetland buffer strip(s). The Annual Buffer Report shall provide both an action plan and proposed cost for correction of all problems identified within the wetland(s) and/or wetland buffer strip(s). The first Annual Buffer Report shall be submitted no later than November 1 of the calendar year in which construction of the wetland and/or wetland buffer strip is completed. Thereafter,this report shall be submitted annually until two full growing seasons following completion of the development have passed,at which point a final Annual Report shall be submitted. The final Annual Buffer Report shall be submitted two full growing seasons following completion of the development and shall evaluate the wetland(s) and wetland buffer strip(s) to determine if the wetland(s) and/or wetland buffer strip(s) remain in compliance with all City requirements. If any unacceptable conditions or vegetation are identified within the Annual Buffer Reports or final Annual Buffer Report, the Developer shall correct the area(s) identified within 90 days of submission of the Annual Buffer Report. • C. Conservation Easement: Prior to release of the final plat for any portion of the Property, Developer shall submit a Conservation Easement (Exhibit F) for review and written approval by the Environmental Coordinator, for the area delineated on the Plans. This shall include all wetland,wetland buffer strip and wetland mitigation areas. Prior to release of the first building permit for the Property,Developer shall submit evidence to the Environmental Coordinator that the approved Conservation Easement has been executed by the owners of the Property platted and has been filed in the Hennepin County Recorder's/Registrar of Titles' Office. D. Wetland Buffer Strip Monuments: Prior to release of the final plat for any portion of the Property, Developer shall install all wetland buffer strip monuments for the property. Wetland buffer strip monument locations shall be shown on the final grading plan and final plat. The post shall be a fiberglass reinforced composite post with a maximum size of 4 inch by 4 inch(4"x 4")that states"Wetland Buffer:No Mowing Allowed". The post shall be mounted to a height of a minimum of four feet above grade set at least 42 inches in the ground. The bottom of the post must be fitted with an anchor attachment that would expand upon attempted removal. Removal of the wetland buffer strip monuments is prohibited. E. Wetland Performance Bond: Developer shall furnish to the Environmental Coordinator and receive the Environmental Coordinator's approval of a Wetland Plan performance bond, cash escrow, or letter of credit with a corporation approved by the City Manager or other guarantee acceptable to the City Manager equal to 150% of the cost, as estimated by the City Manager, of completing said Wetland Plan requirements and/or Landscaping as depicted on the Plans and as required by City Code. Said performance bond, cash escrow, letter of credit or other guarantee shall cover costs associated with the Wetland Plan during development and for two full growing seasons following completion of the development. IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. SE ' ERS 1 ST LI I ED PARTNERSHIP CITY OF EDEN PRAIRIE By le Pemtom odill •any' i GI eral Partner By l I /_ I�r.(.r�. B Y Its General Partne► Nancy Tyra-Lukens Its Mayor By • By • Its Scott H.Neal Its City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2004, by Nancy Tyra-Lukens and Scott H.Neal,respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation,on behalf of said corporation. • Notary Public 'STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this \S1day o _J 2004,by Daniel J.Herbst,its general partner,of Pemtom Land Company ,a Minnesota partners 'p,on behalf of the partnership. • vv...t.4.3 x , otary Public JANE E.HOVIND _NOTARY PUBLIC-MINNESOTA My Commission Expires Jan.31,200S e EXHIBIT A DEVELOPMENT AGREEMENT—SETTLERS WEST Legal Description Before Final Plat Lot 1,Block 1,DORENKEMPER ESTATES, according to the recorded plat thereof,Hennepin County,Minnesota. Legal Description After Final Plat Lots 1 and 2,Block 1,Lotsl to 5,Block 2, and Lots 1 to 3,Block 3, Settlers West,Hennepin County, Minnesota. J T • EXHIBIT B DEVELOPMENT AGREEMENT—SETTLERS WEST Narrative dated April 5,2004 by Pemtom Land Company Preliminary Site Plan dated 4/5/04 by Sathre-Berquist,Inc. Preliminary Plat dated 4/5/04 by Sathre-Berquist,Inc. Preliminary Utility Plan dated 4/5/04 by Sathre-Berquist,Inc. Existing Conditions Plan dated 4/5/04 by Sathre-Berquist,Inc. Preliminary Grading,Drainage, and Erosion Control Plan dated 4/5/04 by Sathre-Berquist,Inc. Grading and Wetland Replacement Plan dated 4/5/04 by Sathre-Berquist,Inc. Tree Inventory dated 4/5/04 by Sathre-Berquist,Inc. Landscape Plan dated 4/5/04 by Sathre-Berquist,Inc. Pioneer Trail Plan dated 4/5/04 by Sathre-Berquist,Inc. Detail Plan dated 3/24/04 by Sathre-Berquist,Inc. • • • ZU EXHIBIT C DEVELOPMENT AGREEMENT—SETTLERS WEST Prior to release of any building permit, Developer shall submit to the City Engineer for approval two copies of a development plan(1"=100'scale)showing existing and proposed contours,proposed streets,and lot arrangements and size,minimum floor elevations on each lot,preliminary alignment and grades for sanitary sewer,water main,and storm sewer, 100- year flood plain contours, ponding areas, tributary areas to catch basins, arrows showing direction of storm water flow on all lots,location of walks,trails,and any property deeded to the City. II. Developer shall submit detailed construction and storm sewer plans to the Watershed District for review and approval. Developer shall follow all rules and recommendations of said Watershed District. III. Developer shall pay cash park fees as to all of the Property required by City Code in effect as of the date of the issuance of each building permit for construction on the Property. IV. If Developer fails to proceed in accordance with this Agreement within twenty-four(24) months of the date hereof,Developer,for itself,its successors,and assigns,shall not oppose the City's reconsideration and rescission of any Rezoning, Site Plan review and/or Guide Plan review approved in connection with this Agreement, thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. V. Provisions of this Agreement shall be binding upon and enforceable against the Property and the Owners,their successors and assigns of the Property. VI. The Developer hereby irrevocably nominates, constitutes, and appoints and designates the City as its attorney-in-fact for the sole purpose and right to amend Exhibit A hereto to identify the legal description of the Property after platting thereof. VII. Developer represents that it has marketable fee title to the Property, except: With respect to any interest in all portions of the Property which Developer is required, pursuant to this Agreement, to dedicate or convey to the City(the "Dedicated Property"), Developer represents and warrants as follows now and at the time of dedication or conveyance: A. That Developer has marketable fee title free and clear of all mortgages, liens, and other encumbrances. Prior to final plat approval,Developer shall provide to the City a current title insurance policy insuring such a condition of title. B. That Developer has not used, employed, deposited, stored, disposed of,placed or otherwise allowed to come in or on the Dedicated Property,any hazardous substance, 39 hazardous waste, pollutant, or contaminant,including,but not 1 imited t o,t hose defined in or pursuant to 42 U.S.C. §9601,et.seq.,or Minn.Stat.,Sec. 115B.01,et. seq. (such substances,wastes,pollutants, and contaminants hereafter referred to as "Hazardous Substances"); C. That Developer has not allowed any other person to use, employ, deposit, store, dispose of,place or otherwise have,in or on the Property,any Hazardous Substances. D. That no previous owner, operator or possessor of the Property deposited, stored, disposed of, placed or otherwise allowed in or on the Property any hazardous substances. Developer agrees to indemnify, defend and hold harmless City,its successors and assigns, against any and all loss,costs,damage and expense,including reasonable attorneys fees and costs that the City incurs because of the breach of any of the above representations or warranties and/or resulting from or due to the release or threatened release of Hazardous Substances which were,or are claimed or alleged to have been,used,employed,deposited, stored, disposed of, placed, or otherwise located or allowed to be located, in or on the Dedicated Property by Developer,its employees, agents, contractors or representatives. WI. Developer acknowledges that Developer is familiar with the requirements of Chapter 11, Zoning,and Chapter 12,Subdivision Regulations,of the City Code and other applicable City ordinances affecting the development of the Property. Developer agrees to develop the Property in accordance with the requirements of all applicable City Code requirements and • City Ordinances. IX. Prior to release of the final plat,Developer shall pay to City fees for the first three(3)years' street lighting on the public streets adjacent to the Property(including installation costs,if any, as determined by electrical power provider), engineering review, and street signs. X. Developer shall submit detailed water main,fire protection; and emergency vehicle access plans to the Fire Marshal for review and approval. Developer shall follow all the recommendations of the Fire Marshal. XI. Developer acknowledges that the rights of City performance of obligations of Developer • contemplated in this agreement are special,unique, and of an extraordinary character, and that, in the event that Developer violates, or fails, or refuses to perform any covenant, condition, or provision made herein, City may b e without a n adequate remedy a t 1 aw. Developer agrees,therefore,that in the event Developer violates,fails,or refuses to perform any covenant, condition, or provision made herein, City may, at its option, institute and prosecute an action to specifically enforce such covenant, withhold building permits or rescind or revoke any approvals granted by the City. No remedy conferred in this agreement is intended to be exclusive and each shall be cumulative and shall be in addition to every other remedy. The election of anyone or more remedies shall not constitute a waiver of any other remedy. /{0 XI Developer shall,prior to the commencement of any improvements,provide written notice to Time Warner Cable,a Minnesota Limited Partnership,the franchisee under the City's Cable Communication Ordinance(80-33)of the development contemplated by this Development Agreement. Notice shall be sent to Time Warner Cable, 801 Plymouth Avenue North, Minneapolis,Minnesota 55411. XIII. Prior to building permit issuance,all fees associated with the building permit shall be paid to the Inspections Department,including;Building permit fee,plan check fee,State surcharge, metro system access charge(SAC),City SAC and City water access charge(WAC),and park dedication. Contact Metropolitan Waste Control to determine the number of SAC units. XIV. Prior to building permit issuance, existing structures,walls and septic systems(if present) shall be properly abandoned or removed as required by City ordinance and all permits obtained through the Inspections Department. XV. Prior to building permit issuance,provide two copies of an approved survey or site plan(1"= 200 scale)showing proposed building location and all proposed streets,with approved street names,lot arrangements and property lines. XVI. The City shall not issue any building permit for the construction of any building,structure,or improvement o n the Property until a 11 requirements 1 isted in t his Exhibit C have been satisfactorily addressed by Developer. XVII. No failure of the City to comply with any term,condition,covenant or agreement herein shall subject the City to liability for any claim for damages, costs or other fmancial or pecuniary charges. No execution on any claim, demand, cause of action or judgment shall be levied upon or collected from the general credit,general fund or taxing powers of the City. XVIII. Prior to issuance of the first building permit for the Property,Developer shall permanently demarcate the location of the boundary of the conservation easement on each lot property line or corner with permanent four-foot tall posts. A 2 %2 by 6 inch sign or decal reading "Scenic/Conservation Easement Boundary,City of Eden Prairie",will be affixed to the top of the post.. XIX. Within 10 days of the approval of the Development Agreement,the Developer shall record the Development Agreement at the County Recorder and/or Registrar of Titles.The final plat shall not be released until proof of filing of the Development Agreement is submitted to the City. LiI • EXHIBIT D DEVELOPMENT AGREEMENT—SETTLERS WEST EROSION CONTROL POLICY-AUGUST 1, 1997 1. All construction projects permitted by the City of Eden Prairie which results in the temporary disturbance of vegetative or non-vegetative surfaces protecting soils from erosion require the use of Best Management Practices (BMP's) as outlined in the Minnesota Pollution Control Agency's manual,Protecting Water Quality in Urban Areas,to mitigate the impact of erosion on wetland and water resources. The City Engineer or the Director of Inspections may impose special conditions to permits which stipulate erosion control procedures and/or direct the installation of erosion control features or the clean up of erosion at construction sites. Permits affected by this policy include all grading permits,building permits,and permits for the installation of utilities. 2. All erosion control systems stipulated in the permit application shall be installed prior to the issuance of the permit. Supplemental erosion control systems ordered by the City Engineer or the Director of Inspections shall be installed within 48 hours of that order. 3. The applicant must maintain all erosion control systems in a functional condition until the completion of turf and/or structural surfaces, which protect the soil from erosion. The applicant must inspect erosion control biweekly and immediately after each rainfall event of .5 inches or more. Needed maintenance shall be performed within 48 hours. 4. Best Management Practices(BMP's)shall be utilized at all construction sites to minimize the trackage or spillage of soil on public streets or highways. BMP's may include,but are not limited to,rock construction entrances,washing stations,frequent cleaning of streets adjacent to the construction site or limiting operations when site conditions are unmanageable. Trackage or spillage of soil on a public street or highway must be cleaned by power sweepers within the time frame stipulated in the permit special conditions or as ordered by the City Engineer or the Director of Inspections. 5. If erosion breaches the perimeter of a construction site, the applicant shall immediately develop a clean up and restoration plans, obtain the right-of-entry from the adjoining property owner, and implement the clean up and a restoration plan within 48 hours of obtaining the adjoining property owner's permission. In the event eroded soils enter onto or are tracked or spilled on a public street,highway,sidewalk or trail,the applicant shall remove the soil material and thoroughly sweep the street or sidewalk surface within four hours. If eroded soils enter,or entrance appears imminent,into wetlands or other water bodies,clean up and repair shall be immediate. The applicant shall provide all traffic control and flagging required to protect the traveling public during the clean up operations. 6. When an applicant fails to conform to any provision of this policy within the time stipulated in a written notification,the City may take the following actions: a. Withhold the scheduling of inspections and/or the issuance of a Certificate of 142 Occupancy or other approvals. b. Direct the correction of the deficiency by City personnel or separate contract. c. Withhold the issuance of building permits d. At its option,institute and prosecute an action to enjoin violations of this Agreement and/or an action to specifically enforce performance of this Agreement The issuance of a permit constitutes a right-of-entry for the City or its contractor to enter upon the construction site for the purpose of correcting deficiencies in erosion control. All costs, including but not limited to, attorneys' fees and engineering fees incurred by the City in correcting erosion control deficiencies or enforcing this policy shall be reimbursed by the applicant. All invoices for erosion control correction shall be due and payable within 30 days. Invoices not paid within 30 days shall accrue interest at a rate of 1%per month or the highest legal rate. Each charge for correction of erosion deficiencies shall be a lien upon the property to which the permit applies. Invoices more than 30 days old on September 30 or any year or on any other date as determined by the City Engineer or the Director of Inspections may be assessed against the property. As a condition of the permit, the owner shall waive notice of any assessment hearing to be conducted by the City, concur that the benefit to the property exceeds the amount of the proposed assessment and waive all rights by virtue of Minnesota Statute 429.081 or otherwise to challenge the amount or validity of the assessment. I,We,The Undersigned,hereby accept the terms and conditions of the Erosion Control Policy dated August 1, 1997 as set forth and agree to fully comply therewith, to the satisfaction of the City of Eden Prairie,Minnesota. By: NOT TO BE SIGNED By: NOT TO BE SIGNED Owner's Signature Applicant's Signature DEVELOPMENT NAME: Lot: Block: OWNER INFORMATION OWNER(PR1rTT): ADDRESS CITY STATE ZIP i3 EXHIBIT E DEVELOPMENT AGREEMENT—SETTLERS WEST CONSERVATION/SCENIC EASEMENT THIS EASEMENT AGREEMENT is made this 6th day of July, 2004 by and between Settlers West Limited Partnership Corporation,a Minnesota Limited Partnership,hereinafter referred to as"Grantor,"and the CITY OF EDEN PRAIRIE,a Minnesota municipal corporation,hereinafter referred to as "City"; WHEREAS,Grantor is the fee owner of land located in Hennepin County,Minnesota,more fully described in Exhibit A, attached hereto and made a part hereof, and said land hereinafter referred to as "the Property"; and, WHEREAS, Grantor has marketable title to the Property, free and clear of all liens, mortgage, and encumbrances, except: WHEREAS,Grantor and City wish to enter into an agreement which will grant to the City a conservancy/scenic easement for conservation and preservation of the terrain and vegetation,and to prohibit certain destructive acts thereon,over that portion of the Property as described in Exhibit B, hereinafter referred to as the "Easement Area", attached hereto; NOW,THEREFORE,in consideration of the premises contained herein,it is agreed by the parties as follows: 1. Grantor hereby conveys to City and its successors and assigns a conservation and scenic easement in, under, on, and over the"Easement Area", and Cityhereby accepts such conveyance. 2. The following terms and conditions shall apply to the Easement Area: A. The Easement Area shall be preserved predominantly in its natural condition. No trees, shrubs or other vegetation shall be planted or removed from the Easement Area without the prior written consent of the City. The City will consider removal of noxious weeds, as defined by Minnesota Statutes Sections 18.76-18.88, upon submission and approval of a Vegetation Management Plan. No vegetation cutting,fertilizer application or placement of turfgrass, such as Kentucky bluegrass, shall occur within the Easement Area. IL1 B. Wetland buffer monuments must be placed at the boundaries of the wetland buffer strip as shown on Exhibit C. Removal of the wetland buffer strip monuments is not allowed. C. No building,road, sign,billboard, utility, or other structures shall be placed in the Easement Area without the prior written consent of City. D. No trash, waste, or other offensive material, soil, or landfill shall be placed upon or within the Easement Area without the prior written consent of the City. E. No change in the general topography of the Easement Area landscape, including,but not limited,to excavation,dredging,movement, and removal or placement of soil, shall be allowed within the Easement Area without the prior written consent of the City. F. Grantor may,no more than once per calendar year,remove sediment caused by stormwater drainage into a stormwater ponding area. Any removal of sediment must be pre-approved in writing by the City and be in accordance with City and Wetland Conservation Act guidelines. Landscaping must be replaced in accordance with the requirements outlined in this Conservation Easement. 3. With respect to the Easement Area, Grantor represents and warrants as follows: A. That Grantor has marketable title free and clear of all liens, encumbrances and mortgages. B. That Grantor has not used, employed,deposited,stored,disposed of, placed or otherwise allowed to come in or on the Easement Area,any hazardous substance, hazardous waste,p ollutant, o r c ontaminant, including, but not limited to, those defined in or pursuant to 42 U.S.C. § 9601, et. seq., or Minn. Stat., Sec. 115B.01, et. seq. (such substances,wastes,pollutants,and contaminants hereafter referred to as "Hazardous Substances"); C. That Grantor has not allowed any other person to use, employ, deposit, store, dispose of, place or otherwise have, in or on the Easement Area, any Hazardous Substances; D. That no previous owner, operator or possessor of the easement area, deposited, stored,disposed of,placed, or otherwise allowed in or on the Easement Area any Hazardous Substances; Grantor agrees to indemnify,defend and hold harmless City,against any and all loss, costs, damage and expense, including reasonable attorneys fees and costs.that City �5 incurs because of the breach of any of the above representations or warranties and/or resulting from or due to the inaccuracy or falsity of any representation or warranty herein. 4. Grantor agrees to maintain the Easement Area subject to the provisions stated herein. 5. The duration of this easement is perpetual and shall bind and inure to the benefit of the parties,their successors, and assigns. 6. Nothing contained herein shall impair any right of City now held or hereafter acquired to construct or maintain public utilities in or on the Easement Area. IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. GRANTOR CITY OF EDEN PRAIRIE NOT TO BE SIGNED By NOT TO BE SIGNED Nancy Tyra-Lukens Its Mayor NOT TO BE SIGNED By NOT TO BE SIGNED Scott H. Neal Its City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2004, by Nancy Tyra-Lukens and Scott H.Neal,respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2004, by , the a Minnesota , on behalf of the company. Notary Public L-17 EXHIBIT A "THE PROPERTY" • IS. EXHIBIT B "EASEMENT AREA" EXHIBIT C "EASEMENT AREA"DIAGRAM EXIIIBIT F DEVELOPMENT AGREEMENT—SETTLERS WEST TRAIL EASEMENT Settlers West Limited Partnership("Grantor")hereby grants and conveys this 6th day of July, 2004, to City of Eden Prairie ("Grantee") an easement ("Easement") for the following uses and purposes and subject to the following terms and conditions on,over,under, and across under real property in the County of Hennepin,State of Minnesota,described in Exhibit A attached and made a part here of. ("Easement Parcel") 1. Uses and Purposes. The Easement shall be for the following purposes and uses of the Easement parcel: A. To construct,maintain and replace a trail; B. For travel by the public,on foot, and in or on non-motorized vehicles, including but not limited to,bicycles, skis,strollers, and skates; C. For travel by the public in or on motorized vehicles authorized by Grantee; D. To remove,cut and trim trees,shrubs and vegetation. 2. Nonexclusive. The Easement shall be nonexclusive,provided however,the Easement shall be paramount and superior to any other easement. Any other easement shall be subject and subordinate to, and shall not interfere with,the Easement without the consent,in writing, of Grantee. 3.. Duration of Easement. The Easement shall be perpetual, shall run with the land and shall be binding upon Grantor and Grantor's heirs, successors and assigns and shall be for the benefit of Grantee,its successors and assigns. 4. Grantor covenants that Grantor is the record Fee Owner of the Easement Parcel, holds the legal and equitable title thereto,free and clear of all mortgages,liens and encumbrances, except the holder(s) of which has/have agreed in writing to the Easement pursuant to the attached consent(s)and has lawful right and authority without restriction to grant and convey the Easement. 5I IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. GRANTOR CITY OF EDEN PRAIRIE NOT TO BE SIGNED By NOT TO BE SIGNED Nancy Tyra-Lukens Its Mayor NOT TO BE SIGNED By NOT TO BE SIGNED Scott H. Neal Its City Manager STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2004, by Nancy Tyra-Lukens and Scott H.Neal,respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public STATE OF NIINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2004, by ,the , a Minnesota ,on behalf of the corporation. Notary Public CITY COUNCIL AGENDA DATE: July 6,2004 SECTION: Consent Calendar DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 01-5527 ITEM NO.: Engineering Approve Cooperative Construction Agreement Randy Newton with Mn/DOT for the TH 212/Prairie Center .C . Drive Intersection Improvement Project. Requested Action Move to: Adopt resolution approving Cooperative Construction Agreement with Mn/DOT for the TH 212 / Prairie Center Drive Intersection Improvement Project. Synopsis The Cooperative Construction Agreement defines Mn/DOT's and the City's financial and maintenance obligations for the TH 212/Prairie Center Drive Intersection Improvement Project. The agreement indicates that Mn/DOT will provide a lump sum total of$530,500 towards the construction cost of the$1,535,000 project. Background Information The TH 212/Prairie Center Drive project will increase the capacity of one of the most congested intersections in the City by providing additional turn lanes. The importance of this intersection to the City's transportation system along with the problems associated with its poor operation make its improvement one of the highest priorities in our system. The plans and specifications for the project were approved at the May 18th City Council meeting. The project is planned to be bid on July 15th and awarded at the July 20th City Council meeting. Financial Implications The engineer's construction cost estimate for the project is $1,535,000. As identified in the agreement, Mn/DOT will provide $530,500 towards the project. The remaining construction costs ($1,004,500) are the responsibility of the City and will be paid from the Construction and Utility funds. Attachments Mn/DOT Cooperative Construction Agreement No. 86648 5_3 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. APPROVE COOPERATIVE CONSTRUCTION AGREEMENT WITH Mn/DOT FOR THE TH 212/PRAIRIE CENTER DRIVE INTERSECTION IMPROVEMENT PROJECT I.C. 01-5527 WHEREAS,the City of Eden Prairie has prepared and approved plans and specifications for the improvement of the TH 212/Prairie Center Drive intersection. WHEREAS, MnDOT has prepared a Cooperative Construction Agreement that identifies the maintenance and financial obligations for Mn/DOT and the City for this project. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council that Mn/DOT Cooperative Construction Agreement No. 86648 for City Project No. 01-5527 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 July 6,2004 Nancy Tyra-Lukens,Mayor ATTEST: SEAL Kathleen A. Porta,City Clerk PRE-LETTING STATE OF MINNESOTA Mn/DOT SERVICES DEPARTMENT OF TRANSPORTATION AGREEMENT NO. SECTION COOPERATIVE CONSTRUCTION AGREEMENT 86648 • S.P. 2744-57 (T.H. 212=187) S.A.P. 181-010-04 S.A.P. 181-101-04 S.A.P. 181-111-05 C.P. I .C. 01-5527 State Funds The State of Minnesota AMOUNT ENCUMBERED Department of Transportation, and The City of Eden Prairie $530,500 .00 Re: State lump sum payment for roadway and traffic signal construction by the City on AMOUNT RECEIVABLE T.H. 212 (None) THIS AGREEMENT is made and entered into by and between the State, of Minnesota, Department of Transportation, hereinafter referred to as the "State" and the City of Eden Prairie, Minnesota, acting by and through its City Council, hereinafter referred to as the "City" . 55 86648 WHEREAS, the City is about to perform grading, aggregate base, bituminous surfacing, drainage, turn lane, and traffic signal system construction and other associated construction upon, along and adjacent to Trunk Highway No. 212 from Medcom Boulevard to Regional Center Road within the corporate City limits in accordance with City-prepared plans, specifications and special provisions designated by the City as City Project No. I .C. 01-5527 and by the State as State Aid Projects No. 181-010.-04, No. 181-101-04, and No. 181-111-05 and as State Project No. 2744-57 (T.H. 212=187) ; and WHEREAS, the City has requested participation by the State in the costs of the grading, paving, turn lane, storm sewer, and traffic signal system construction; and WHEREAS, the State is willing to participate in the costs of, the grading, paving, turn lane, storm sewer, and traffic signal system construction and associated construction engineering in an amount equal to $540, 000 . 00 as hereinafter set forth; and WHEREAS, the State will be providing the controller and cabinet for the traffic control signal system at the intersection of Trunk Highway No. 212 and Prairie Center Drive; and • WHEREAS, the City' s cost share responsibility is 50 percent of the $19, 000 . 00 for the State furnished traffic signal controller and cabinet, which will be deducted from the State' s payment of $540, 000 . 00; and WHEREAS, the maintenance for the traffic control signal system to be constructed at the intersection of Trunk Highway No. 212 and Prairie Center Drive under State Project No. 2744-57 .(T.H. 212=187) will continue to be performed in accordance with Agreement No. 62663 between the State and the City of Eden Prairie; and 86648 WHEREAS, Minnesota Statutes Section 161.20, subdivision 2 authorizes the Commissioner of Transportation to make arrangements with and cooperate with any governmental authority for the purposes of constructing, maintaining and improving the trunk highway system. IT IS, THEREFORE, MUTUALLY AGREED AS FOLLOWS: ARTICLE I - CONSTRUCTION BY THE CITY Section A. Contract Award and Construction • The City shall receive bids and award a construction contract to the lowest responsible bidder, subject to concurrence by the State in that award, in accordance with State-approved City plans, specifications and special provisions designated by the City as City Project No. I .C. 01-5527 and by the State as State Aid Projects No. 181-010-04, No. 181-101-04, and No. 181-111-05 and as State Project No. 2744-57 •(T.H. 212=187) . The contract construction shall be performed in accordance with .State-approved City plans, specifications and special provisions that are on file in the office of the City's Engineer, and are incorporated into this Agreement by reference. Section B. Documents to be Furnished to the State The City shall, within 7 days of opening bids for the construction contract, submit to the State' s State Aid Agreements Engineer at Roseville a copy of the low bid and an. abstract of all bids together with the City's request for concurrence by the State in the award of the construction contract. The City shall not award the construction contract until the State advises the City in writing of its concurrence therein. Section C. Rejection of Bids The City may reject and the State may require the City to reject any or all bids for the construction contract. The party rejecting or requiring the rejection of bids must provide the other party written • 86648 notice of that rejection or requirement for rejection no later than 30 days after opening bids. Upon the rejection of all bids pursuant to this section, a party may request, in writing, that the bidding process be repeated. Upon the other party's written approval of such request, the City will repeat the bidding process in a reasonable period of time, without cost or expense to the State. Section D. Direction, Supervision and Inspection of Construction The contract construction shall be under the direction of the City and under the supervision of .a registered professional engineer; however, the State cost participation construction covered under this Agreement shall be open to inspection by the State District Engineer' s authorized representatives. The City shall give the State Aid Agreements Engineer five days notice of its intention to start the contract construction. Responsibility for the control of materials for the contract construction shall be on the City and its contractor and shall be carried out in accordance with Specifications No. 1601 through and including No. 1609 as set forth in the State's current "Standard Specifications for Construction" . Section E. Completion of Construction The City shall cause the contract construction to be started and completed in accordance with the time schedule in the construction contract special provisions. The completion date for the contract construction may be extended, by an exchange of letters between the appropriate City official and the State District Engineer's authorized representative, for unavoidable delays encountered in the performance thereof. Section F. Plan Changes, Etc. All changes in the plans, specifications and special provisions for the contract construction and all addenda, change orders and 86648 supplemental agreements entered into by the City and its contractor for contract construction must be approved in writing by the State District Engineer' s authorized. representative. Section G. Compliance with Laws, Ordinances and Regulations The City shall, in connection with the award and administration of the construction contract and the performance of the contract ' construction, comply and cause its contractor to comply with all • Federal, State and Local laws, and all applicable ordinances and regulations. Section H. Right-of-Way, Easements and Permits The City shall, without cost or expense to the State, obtain all rights-of-way, easements, construction permits and any other permits and sanctions that may be required in connection with the contract construction. Prior to advance payment by the State, the City shall furnish the State with certified copies of the documents for those rights-of-way and easements, and certified copies of those construction permits and other permits and sanctions required for the contract construction. ARTICLE II - PAYMENT BY THE STATE The State shall advance to the City, as the State' s full and complete share of the costs of the grading, paving, turn lane, storm sewer, and• traffic signal system construction and associated construction engineering to be performed upon, along and adjacent to Trunk Highway No. 212 from Medcom Boulevard to Regional Center Road within the corporate City limits under State Project No. 2744-57 (T.H. 212=187) , $540, 000 . 00 minus the $9, 500 . 00 City cost responsibility for the State furnished traffic signal controller and cabinet, a lump sum in the amount of $530, 500 . 00 . The State shall advance to the City the lump sum amount after the following conditions have been met: I' 86648 A. Encumbrance by the State of the State's full and complete lump sum cost share. B. Receipt by the State from the City of certified documentation for all of the right-of-way and easement acquisition required for the contract construction, and the approval of that documentation by the State's Land Management Director at St. Paul. C. Execution and approval of this Agreement and the State's transmittal of it to the City. If execution and approval of this Agreement does not constitute concurrence by the. State in the award of the construction contract, a letter advising the City of the State's concurrence in the award of the construction contract shall accompany the City's copy of this Agreement. D. Receipt by the State of a written request from the City for the advancement of funds. The request shall include certification by - the City that all necessary parties have executed the construction contract. ARTICLE III - CONSTRUCTION'DOCUMENTS FURNISHED BY THE CITY The City shall keep records and accounts that enable it to provide the State, when requested, with the following: A. Copies of the City contractor's invoice (s) covering all contract construction. B. Copies of the endorsed and canceled City warrant (s) or check(s) paying for final contract construction, or computer documentation of the warrant (s) issued, certified by an appropriate City official that final construction contract payment has been made. C. Copies of all construction contract change orders and supplemental agreements. 86648 D. A certification form, provided by the State, signed by the City' s Engineer in charge of the contract construction attesting to the following: 1. Satisfactory performance and completion of all contract construction in accordance with State-approved City plans, specifications and special provisions. 2 . Acceptance and approval of all materials furnished for the contract construction relative to compliance of those materials to the State ' s current "Standard Specifications for Construction" . 3 . Full payment by the City to its contractor for all contract construction. E. Copies, certified by the City' s Engineer, of material sampling reports and of material testing results for the materials furnished for the contract construction. F. A copy of the "as built" plan sent to the State 's District Engineer. ARTICLE IV - GENERAL PROVISIONS Section A. Replacement of Castings The City shall furnish its contractor with new castings and parts for all inplace City-owned facilities constructed hereunder when replacements are required, without cost or expense to the State. Section B. Maintenance by the City Upon satisfactory completion of the storm sewer facilities construction to be performed within the corporate City limits under the construction contract, the City shall provide for the proper 86648 routine maintenance of those facilities, without cost or expense to the State. Routine maintenance includes, but is' not limited to, removal of sediment, debris, vegetation and ice from structures, grates and pipes, repair of minor erosion problems, and minor structure and pipe repair, and any other maintenance activities necessary to preserve the facilities and to prevent conditions such as flooding, erosion, sedimentation or accelerated deterioration of the facilities. Upon satisfactory completion of the City-owned utilities construction to be performed within the corporate City limits under the . construction contract, the City shall provide for the proper maintenance of those utilities, without cost or .expense to the State. Upon satisfactory completion of the walkways construction to be performed within the corporate City limits under the construction contract, the City shall provide for the proper routine maintenance of the walkways, without cost or expense to the State. Routine maintenance includes, but is not limited to, snow, ice and debris removal, patching, crack repair, and any other maintenance activities necessary to perpetuate the walkways in a safe and usable condition. Upon satisfactory completion of the lighting system construction to be performed by others within the corporate City limits, the City shall provide for the proper maintenance of and keep in repair that system, without cost or expense to the State. The City shall also provide the necessary electrical energy for its operation, without cost or expense to the State. Section C. Additional Drainage Neither party to this Agreement shall drain any additional drainage into the storm sewer facilities to be constructed under the construction contract, that was not included in the drainage for which the storm sewer facilities were designed, without first 86648 obtaining permission to do so from the other party. The drainage areas served by the storm sewer facilities constructed under the construction contract are shown in a drainage area map, EXHIBIT "Drainage Area" , which is on file in the office of the State ' s District Hydraulics Engineer at Roseville and is incorporated into this Agreement by reference. Section D. Termination of Agreement Each party may terminate this Agreement, with or without cause, by providing the other party with written or fax notice of effective date of termination. The State is not obligated to pay for services performed after notice and effective date of termination. Upon such termination, the City is entitled to payment for services satisfactorily performed under this Agreement prior to the effective date of termination. The State may immediately terminate this Agreement 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 allow for the payment of the services covered under this Agreement. Termination must be by written or fax notice to the City. The State is not obligated to pay for services performed after notice and effective date of termination. Upon such termination, the City is entitled to payment for services satisfactorily performed under this Agreement prior to the effective date of termination, to the extent the funds are available. Section E. Examination of Books, Records, Etc. As provided by Minnesota Statutes Section 16C. 05, subdivision 5, the books, records, documents, and accounting procedures and practices of each party relevant to this Agreement are subject to examination by each party, and either the legislative auditor or the state auditor as appropriate, for a minimum of six years from final payment. 2 CZ 86648 Section F. Claims Each party is responsible for its own employees for any claims arising under the Workers Compensation Act . Each party is responsible for its own acts, omissions and the results thereof to the extent authorized by law and will not be responsible for the acts and omissions of others and the results thereof. Minnesota Statutes Section 3 . 736 and other applicable law govern liability of the State. Minnesota Statutes Chapter 466 and other applicable law govern liability of the City. Section G. Nondiscrimination The provisions of Minnesota Statutes Section 181.59 and of any applicable law relating to civil rights and discrimination shall be considered part of this Agreement as if fully set forth herein. Section H. Agreement Approval Before this Agreement becomes binding and effective, it shall be approved by a City Council resolution and executed by such State and City officers as the law may provide in addition to the Commissioner of Transportation or their authorized representative. ARTICLE V - AUTHORIZED AGENTS The State' s Authorized Agent for the purpose of the administration of this Agreement is Maryanne Kelly-Sonnek, Municipal Agreements Engineer, or her successor. Her current address and phone number are 395 John Ireland Boulevard, Mailstop 682, St. Paul, MN 55155, (651) 296-0969 . The City' s Authorized Agent for the purpose of the administration of this Agreement is Allan Gray, City Engineer, or his successor. His current address and phone number are 8080 Mitchell Road, Eden Prairie, MN 55344 (952) 949-8300 . 86648 IN TESTIMONY WHEREOF the parties have executed this Agreement by their authorized officers. STATE ENCUMBRANCE VERIFICATION DEPARTMENT OF TRANSPORTATION Individual certifies that funds have been encumbered Recommended for approval: as required by Minn. Stat. §§ 16A.15 and 16C.05. By By District Engineer Approved: Date By State Design Engineer MAPS Encumbrance No. Date CITY OF EDEN PRAIRIE Approved as to form and execution: By By Mayor Contract Management Date Date By COMMISSIONER OF ADMINISTRATION As delegated to Materials Management Division Title By Date Date Ck\k �.J 6'5 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar July 6,2004 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Engineering Alan D. Gray Subdivision of Property at 9955 Pioneer Trail � Requested Action Move to: Approve the subdivision of the Gerald and Rhoda Hass property at 9955 Eden Prairie Road to provide for the sale and combination of that portion east of Hennepin Town Road with Outlot A,Normandy Crest. Synopsis Gerald and Rhoda Hass own a residential property of approximately 3.5 acres at 9955 Pioneer Trail. A small triangular shaped portion of their property is separated from the main portion of their property by Hennepin Town Road. This portion of their property is approximately 9200 square feet in size and is too small to be used as an independent site without variances. Associated Investments, Inc., owners of Outlot A, Normandy Crest, which is contiguous to this portion of the Hass property have reached an agreement to purchase this easterly remnant and combine it with Outlot A. Staff recommends approval of the division/combination as a Minor Subdivision in accordance with Chapter 12.60, Subd.2. Attachments Exhibit A EXHIBIT A 3 NOT TANGENT '.. coIcy' 27 io (36) (73 82 Li co - - - OUTLOT B A , 2 (r) 0., i cv 7 . -- (20) et, Iv co co it) .- . , (f) (35) — co ,- 97) vi (57-62) — 1.....,:y• •••••••• a) 1 (34) Oa '"82 co Ni• Cr NOT TANGENT Z.2 M ...._ ,-co' /„ 4.......... 62 88 ••••„._. N 98) 0 ,0 Z CO 0 2 1 1 to N• I (f)(33) (32) iii .0 42 1 '34 3 121.04 260.86 AY /V 98.1 1 I ) 259.25 308.76 /0. co I )9) r-- — '-'•78 , I co cl I--, -00 o S7 OUTLO9T)A I--1 LA.Cat LI-47 : 1 ,,,... •c5, ds...,.... ‘- ,3•7„ (1 co 4e) I v• ---""\:--- /4/;"4/"E• • , --,.. ------.69 - 1 --—::: 66,14''"---•••-. , (8) 1. 'I Z* )1 tb,... ti 1.,:,... ,, .___.78 ; : ---__ 7-•,,,,130 g tio 1(11-9 (I) OZ 213;. -------1-, R-a 17 —1—•-•--=:— •/8 51.38.••--........„,... 29_I 251.88 S8.3 "E 4.--:•-el 8,-••••• 3. 151 (Ni Ni 01 4 4: nj 0 g..? i 1 ...,„„...,......_ ...,.. : 71.24 ir<-)- I CNOO--'-- -:------ __ cv I .,123./2 I 41307 "--„,-.....,,-..„...„ 7'' --- -----__ • 8 /‘, , I ) ......, 701413O8 (115) .Piii.. ''.2,i • -".1C, ----,.... Op 8 •7. .. 6:6, I.\.. .-----il, \ cs, po• \'VA N ---- N25'45'38V - ....94 -,... \ / ......-Ak._1 , • 7> - ••, - X .-- „,••1 \ NOT TANGENT-,, t•-\-...... \\t.) i ---.. i '--,„'..."'N \ C• / „„.29 24 (3) - \ •c/,‘\ 3\ 7e Tx\ •r\ , ......••••••...... / V _ 'tr'd>6, -....... PROPERTY ••••••• .. ,17 4, "--- 100 AtAt HASS Agri .....T-.• _ 200 1 19 18:-; 5 Et ..• g5 57 I— 188.25 .1 ',..„ 5872 1. .-".... - 58943'22"E rs 4 5aMRD11-.... ' ---1/1 e --..k.i.,-36.83 'Zi 5 ...• "oo to cNi --I as; 1:11 N) ,„lk S'cl c•.1 ss N''1`. Is, ID o-- . 0 0•,:-- 01.1 2 •,.,;\ s r) 514..."‘ R 6 \q±...1 OUTLOT A zo• '-- ..-Ir) ,C‘I 0,05 Lf)N 0 •-•;,•.." r.. •••.• ••I --..- ‘ '-'50 b (4g) (..,,v- b•c--- i 9,9 • ,':;.\`.'' i il-'- \ vz 0 (53) 0 t:0 oL 8 -1 (56) 1,2 ,-C1.1 (4) z - 1,',P' '"; -.... b 30 (I) ,-45;\'‘' cd q-4/4z) 1•. -, ..._1 0 1 50.1 of-s• _ ff.:;iii c\I`I'142-.‘2.:(..j . ..,4f',,. ... . OL B lu (26) d u:, x:.••••• •:•9 QT 8-5-94 Ia.{ ;4' n c6 0 ...:•<; '. • J 5Z-1 " c`l 30 2t,3 8 el 0 \(..4)`• •78 3.9 '• 0 (48) ' 4 :- : (55) .- 7 ••if . (54).9 • .1% r.)0itn li- 2 -....... 120 N S89'43'22"E b - 140 285.6 ' N, 114.85 /'... 58.63 o .,... 7-- b 150 so 200 208.2 60 170 (/) 589'43'21''E S89'43'21't 3:: Lo Co 16) 0 0 CO "il 143 Li '03 CN 0 03(1 — (15) co NO SCALE g-4 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar July 6,2004 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Police Approval of Amendment to 2004 Towing Services Robert L.Reynolds Agreement Requested Action: Move to: Approve the amendment of the 2004 Agreement for Towing Services between the City of Eden Prairie and Matt's Auto Service. Synopsis: This is an amendment to the 2004 agreement with Matt's Auto for towing services. The amendment raises the impound fee from$75 to $80. The increase is due to the increase in fuel costs. Background Information: We discussed the possibility of this change at the time the original towing agreement was drafted, but Mr. Strodel requested to wait until gas prices actually went up to increase his impound fee. As predicted, the price of gas did increase significantly resulting in a sizeable increase to Mr. Strodel's operating costs. This adjustment would not result in any extra cost to the City as this fee is paid by the registered owner of the vehicle. The adjustment is a fair price and it is comparable to agreements from neighboring communities. Attachments: Amendment to 2004 Agreement for Towing Services Cam " AMENDMENT TO 2004 AGREEMENT FOR TOWING SERVICES THIS IS AN AMENDMENT TO THE 2004 AGREEMENT FOR TOWING SERVICES (the "Agreement") between THE CITY OF EDEN PRAIRIE (the "City"), and MATT'S AUTO SERVICE, INC., (the"Contractor"). WHEREAS, City and Contractor are parties to that certain 2004 Agreement for Towing Services entered into on the 4th day of May, 2004, for towing services (hereinafter referred to as the"Agreement"); and WHEREAS, the increase in gas prices has necessitated an increase in the impound fee; and WHEREAS, City and Contractor mutually desire to amend the Agreement on the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration, City and Contractor hereby agree to amend the Agreement as follows: 1. The "Impounded vehicles" rate specified in Section 7 is hereby increased from $75.00 to $80.00 effective upon execution of this Amendment. IN WITNESS WHEREOF, City and Contractor have caused this Amendment to be executed as of the date set forth below. MATT'S AUTO SERVICE, INC. CITY OF EDEN PRAIRIE By: By: Its: Owner Its: Mayor By: Its: City Manager Dated: Dated: Gq CITY COUNCIL AGENDA DATE: SECTION: Consent Date of Meeting DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Lt. Gary Therkelsen Radio Frequency Relocation Agreement }}- 1F r t Police/Support Operations Div Requested Action Move to: Approve Frequency Relocation Agreement between the City and Nextel West Corporation(Nextel) Inc. Synopsis This agreement will permit the City to trade two radio frequencies licensed to the City to Nextel in exchange for two different radio frequencies licensed to Nextel. Background Information Two radio channels that have been licensed to the City of Eden Prairie since 1978 cannot be used at the radio tower constructed in 2000 due to an FCC rule which mandates a certain geographic separation between co-channel users. In this case,Nextel is the co-channel user. In an effort to assist the City in increasing it's radio system's capacity, Nextel has agreed to trade two of their channels for the two channels in question. This trade will allow unencumbered operation for the City and increase the useful life cycle of the City's existing trunked radio network. There are no direct costs associated with this agreement other than the administrative costs associated with the agreement. Technical modifications of existing equipment in support of this project will be accomplished within the 2004 Wireless Communications budget. No other funds are required or requested. The agreement has been reviewed by the City Attorney for form and legality. Attachments Frequency Relocation Agreement 70 FREQUENCY RELOCATION AGREEMENT THIS FREQUENCY RELOCATION AGREEMENT (this "Agreement") is made as of this day of , 2004, by and between The City of Eden Prairie, a municipality in the State of Minnesota ("Incumbent"), and Nextel West Corp. ("Nextel"), a wholly-owned indirect subsidiary of Nextel Communications, Inc., a Delaware corporation. Nextel and Incumbent may be referred to collectively herein as the"Parties". RECITALS The Parties acknowledge that this Agreement is being entered into solely for the exchange of frequencies and that this Agreement does not,nor intend to,involve the resolution of frequency interference. AGREEMENT 1. Channels to be Relocated: (a)Incumbent is the Federal Communications Commission ("FCC") licensee and/or has control of the licenses identified on Schedule A (the "Incumbent Licenses") for the operation of certain 800 MHz frequencies at the locations identified on Schedule A(the"Incumbent Channels"). Nextel or its subsidiary or affiliate is the licensee under the licenses or has the authority to create such licenses (the "Nextel Licenses") issued by the FCC for the operation of Specialized Mobile Radio ("SMR") systems on the frequencies and at the locations identified on Schedule B(the"Replacement Channels"). (b)On the Closing Date(as defined below)(i)Nextel will assign to Incumbent, and Incumbent will acquire and assume from Nextel, all of Nextel's right, title and interest in, to and under the Replacement Channels as set forth in Schedule B; (ii) Incumbent will cause the assignment to Nextel of the Incumbent Channels identified on Schedule A; and (iii) Nextel will surrender or cause the surrender of any Nextel channel identified on Schedule B, authorized to operate at any transmission site within a fifty-five(55)mile radius of the Replacement Channel coordinates,as provided in Schedule B. 2. No Assumption of Liabilities; Payment of Expense: Neither Party is hereby assuming, and neither party shall be responsible for, any liabilities or obligations of the other, whether arising out of or in connection with the Replacement Channels, the Incumbent Channels or the systems operated pursuant thereto. Nextel and Incumbent shall each bear their own legal, accounting, and brokerage expenses in connection with this Agreement. Each Party shall bear their own retuning costs and expenses. The Parties shall each pay one-half of all applicable sales and transfer taxes, if any. Nextel shall pay all fees in connection with the preparation and filing of all necessary FCC applications for assignment and/or cancellation of the Licenses. 3. Retuning Cooperation: Nextel shall ensure that all customers are cleared from use of the Replacement Channels and shall ensure the decommissioning of the equipment presently used in the operation of the facilities authorized by and presently operating pursuant to the Replacement Channels no later than thirty (30) days following the grant of an STA or FCC approval of the assignment of the Replacement Channels to Incumbent, whichever occurs first. Nextel shall notify Incumbent of the deconstruction of the Replacement Channels within five (5) days following this completion. Incumbent shall have ninety (90) days from the date on which Nextel notifies Incumbent that deconstruction is complete to ensure that all users are cleared from use of the Incumbent Channels. Incumbent shall notify Nextel of its completed clearing of the Incumbent Channels within five(5)days following this completion. Last Revised 06/29/2004 Page 1 of 5 Prepared by Lee Jarmon -71 CONFIDENTIAL 4. Closing Date: The closing ("Closing") for the exchange of licenses shall occur after FCC approval of the assignment of the Incumbent Channels to Nextel, and of the assignment of the Replacement Channels to Incumbent and either notification by Incumbent to Nextel that the licenses are clear; or ninety (90) days following Nextel's notification to the Incumbent that the deconstruction of the Replacement Channels has been completed, which ever is first to occur, and the satisfaction of all other conditions specified in this Agreement(the"Closing Date"). 5. Representations and Warranties: The Parties hereby represent and warrant as follows: (i)each Party or its affiliate is the lawful and exclusive owner of its respective license(s)and/or has the unrestricted right to cause the assignment of its respective channels; (ii)this Agreement has been duly authorized and approved by all required corporate or other action of each Party; (iii) neither the execution nor the delivery of this Agreement nor the consummation of the transaction contemplated hereby will conflict with, or result in any violation or default under, any term of the articles of incorporation, organizational documents, or by-laws of either Party, or any agreement, mortgage, indenture, license, permit, lease or other instrument,judgment, decree, order,law or regulation by which either Party is bound;and(iv)to the best of each Parties knowledge, all information provided to the other party concerning the transaction described herein is true and complete. Each of these representations and warranties shall survive the Closing for two(2)years. 6. Covenants:From the date hereof to the Closing Date,each Party shall promptly notify the other Party of any pending or threatened action by the FCC or any other governmental agency,court or third party to suspend, revoke, terminate or challenge their respective licenses or to investigate the construction, operation or loading of any system authorized thereunder. From the date hereof to the Closing Date,neither Party shall enter into, nor cause any of the Incumbent Channels, by action of Incumbent, or any of the Replacement Channels, by action of Nextel, to be or become subject to any contract or arrangement,and if any person should allege that any such contract or arrangement exists or otherwise seeks to challenge consummation of the transactions (or any portion thereof) contemplated hereby by reason of any course of conduct or circumstances on the part of a Party,then such Party shall promptly use its reasonable best efforts to resolve such allegations or challenges so as to permit the transactions contemplated hereby to be consummated as soon as is practicable, and such Party acknowledges that, until such allegations and challenges have been finally and favorably so resolved,the other Party shall not be obligated to close the transactions contemplated hereby. 7. Confidentiality: The terms of this Agreement and any information about the Incumbent Channels, Replacement Channels, Nextel's business and Incumbent's business shall be kept strictly confidential by the parties and their agents,which confidentiality shall survive the Closing or termination of this Agreement for a period of two(2)years. The Parties may make disclosures as required by law and to employees, shareholders, agents, attorneys and accountants (collectively, "Agents") as required to perform obligations hereunder, provided, however, that the Parties shall cause all Agents to honor the provisions of this Section. 8. Cooperation: The Parties shall cooperate with each other with respect to all applications or filings with the FCC in connection with this transaction. The Parties shall cooperate in good faith and exercise their reasonable best efforts to obtain FCC and third-party consents, and to finalize and execute any documents or agreements necessary to effect the exchange of channels described in this Agreement on or prior to the Closing Date. 9. Termination: This Agreement may be terminated and the transactions contemplated hereby abandoned: (i) by mutual consent of the Parties provided in writing; or (ii) by either party upon material breach of the other party, following a thirty (30) day period for cure by the breaching party following written notice of the breach. Last Revised 06/29/2004 2 of 5 Prepared by Lee Jarmon 7; CONFIDENTIAL 10. Attorney's Fees and Costs: Should either Party be required to retain the services of an attorney to file an action to enforce any of its rights hereunder, or under any other document executed and delivered pursuant to this Agreement, the party prevailing in such action shall be entitled to recover reasonable attorney's fees. 11. Notices: All notices and other communications hereunder shall be in writing and shall be deemed given(i)the same day if delivered personally or sent by facsimile; (ii)the next business day if sent by overnight delivery via a reliable express delivery service; or (iii) after five (5) business days if sent by certified mail, return receipt requested, postage prepaid. All notices shall be delivered to the Parties at the following addresses: If to Incumbent,to: If to Nextel,to: City of Eden Prairie Nextel West Corp. 8080 Mitchell Road do Nextel Communications,Inc. Eden Prairie,MN 55344 2001 Edmund Halley Drive Attn:Lt.Gary Therkelsen Reston,VA 20191 Phone: 952-949-6209 Attn:Heather P.Brown,Esq.—Corporate Strategy Fax: 952-949-6203 Phone: (703)433-4000 Fax: (703)433-4483 12. Assignment: All covenants, agreements, representations, warranties and indemnities shall be binding upon, and inure to the benefit of, the Parties and their respective successors and permitted assigns. This Agreement may not be assigned except that Nextel may assign its rights under this Agreement to any direct or indirect subsidiary or affiliate of Nextel or of Nextel Communications, Inc., upon delivery of written notice to Incumbent. 13. Counterparts: This Agreement may be executed in one or more counterparts,which shall be effective as original agreements of the Parties executing such counterpart. Original signatures transmitted by facsimile shall be effective to create such counterparts. 14. Schedules: All references in this Agreement to "Schedules" shall mean the disclosure schedules identified in this Agreement and listed at the end hereof, which are incorporated herein by reference and shall be deemed a part of this Agreement for all purposes. Failure to attach any Schedule referenced herein shall not affect the binding nature of this Agreement. 15. Governing Law: This Agreement shall be governed by the laws of the State of Minnesota without giving effect to conflict of laws provisions thereof. 16. Limitation of Remedies: In the event if a breach of this Agreement, by Incumbent,Nextel shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 17. Miscellaneous: All headings used in this Agreement are for convenience of reference only and shall not be deemed to have any substantive effect. Notwithstanding any law or rule of contract interpretation to the contrary, this Agreement shall not be interpreted strictly for or against any Party hereto. Each of the Parties certifies to the other that it has reviewed this Agreement with, and is relying solely upon the advice of, its independent counsel and tax advisor, as to the negotiation, preparation, execution and delivery of this Agreement and as to the legal and tax implications hereunder. In the event that any covenant, condition or other provision contained in this Agreement is held to be invalid, void or unlawful by any administrative agency or court of competent jurisdiction, that provision shall be deemed severable from the remainder of this Agreement and shall in no way affect, impair or invalidate any other covenant, condition or other provision contained herein, and the Parties shall use their reasonable best Last Revised 06/29/2004 3 of 5 Prepared by Lee Jarmon 3 CONFIDENTIAL efforts to make the covenant, condition or other provision valid and lawful if possible so as to preserve the rights and obligations of the Parties. This Agreement,together with the Schedules hereto, constitutes the entire understanding and agreement between the Parties concerning the subject matter hereof, superseding all prior oral or written agreements or understandings. IN WITNESS WHEREOF,this Agreement shall be effective as a binding agreement between the Parties upon being fully executed by the Parties indicated below and shall remain in effect as provided herein. INCUMBENT: NEXTEL: City of Eden Prairie Nextel West Corp. By: By: Name:Nancy Tyra-Lukens Name: Title: Mayor Title: By: Name: Scott Neal Title: City Manager Last Revised 06/29/2004 4 of 5 Prepared by Lee Jarmon CONFIDENTIAL SCHEDULE A Incumbent Channels City of Eden Prairie Assigns to Nextel: CALLSIGN Frequencies Licensee Location # Issue Lat(N) Long(W) Channels Date WSB457 851.8125 City of Eden Eden Prairie, 2 04/25/02 44-51-36.9 093-27-39.8 851.7375 Prairie MN SCHEDULE B Replacement Channels Nextel Assigns to City of Eden Prairie: On or before the Closing Date,Nextel shall cause the assignment of the Replacement Channels identified below with the following parameters to Incumbent or its designated licensee. Replacement Lat(N) Long(W) ERP Gnd Ant. New Licensee Location Frequencies (W) Elev Height (ft) (ft) 856-857.8875 44-51-30.1 093-28-10.6 150 877 207 City of Eden Prairie Eden Prairie,MN Last Revised 06/29/2004 5 of 5 Prepared by Lee Jarmon 75 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar July 6,2004 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Robert A. Lambert, Yr. .6- . Director of Parks &Recreation Steven Brown Land Donation Requested Action Move to: Accept the land donation from Steve Brown, adding approximately four acres of land to the Richard T. Anderson Conservation Area. Synopsis Last week Steven Brown donated approximately four acres of land along the Minnesota River Bluffs, immediately east of the Richard T.Anderson Conservation Area to the City of Eden Prairie. This addition to the Richard T. Anderson Conservation Area does comply with the Park and Open Space Plan. There are no obligations assumed by the City for accepting this gift, and no environmental audit is required. Attached to this memorandum are a letter from Mr. Brown and a copy of two photos depicting one of the ponds created on this property in the early 1970's and the reference to this proposed addition in the Park and Open Space Plan. Background When Mr. Brown originally discussed the possible sub-division of his property at 9950 Dell Road,he indicated that he would be interested in donating some of his property to the City for park purposes. He suggested that the City may want to consider recreating the trout pond that he and Darril Peterson developed in 1970 in order to add that amenity to the Richard T. Anderson Conservation Area. The donation of the four acres will provide the City with the opportunity of developing a trout pond in this location. This would be one of the few locations in the metro area that could provide trout fishing opportunities to the public. City staff will meet with officials from the Department of Natural Resources to determine the feasibility of developing and stocking a trout pond in this location. Staff will also investigate the possibility of funding assistance from the Lower Minnesota Watershed District and the DNR for this type of project. Attachments: Mr.Brown letter Photos Reference to Richard T.Anderson Conservation Area in Park and Open Space Plan 76 Steven Brown 9950 Dell Road Eden Prairie,MN 55347 November 15, 2003 Dear Bob, I thought you might find these photos of our former trout ponds interesting. In about 1970 Don Woods and Warren Scidmore from the Minnesota DNR came out to advise us on the project. They measured the flow at about 400 gallons/minute from the main spring north of the highway and felt that this amount of water would service 3 ponds--two on our land and one on the adjacent Peterson property. We then hired Frank Kadlac from Chaska to come in with a large dragline on pads and dig out the ponds and construct the surrounding dikes and overflow structures. Our upper pond was about 70'in length and originally 16 feet deep;the lower pond was the same depth but smaller in diameter. Rainbow trout were purchased from Trout Aire--2,000 fish 6-9" and 1,000 fish 10-12". Also 500 fingerlings were placed in a small, upper holding area but were soon eaten by herons. Jim Wilkie had similar ponds near his home on Riverview Road and warned us that we would be unable to keep the poachers away for long. He was right--I am sure many more fish were stolen than taken by our family and friends. The ponds held up well until the big storm of 1987 when they silted almost completely full. Although the DNR said the trout would survive for only 3 or 4 years,we still had at least 4 old timers,well over 2 feet in length,in 1987. These disappeared that year. It is interesting that the area today appears almost the same as it did before we began the project many years ago,with trees and grass growing in the silted over areas. 7-7 nY.• • e,•Yr • • ‘'.• efl. �S, $ . n:!,i.t4ir'$s' A i, a ' c sitin • a' t, a,; v • • • o t f • itd,S V ,� • �74 3 $• [ iJ F • • r 7Z. . t • , z". �- ri 1 qq r,��Lj�:•< !fig„ 1,1,....3 �V • • L t, ur, , fit. t 1 • • - ww , ---iq PARK FACILITIES INVENTORY O RICHARD T.ANDERSON CONSERVATION AREA Location: 18700 Flying Cloud Drive Size (in acres): Developed—3.0;Undeveloped— 118.0;Total—121.0 Classification: Conservation Area Character: Bluff area adjacent to Minnesota River containing native prairie to old growth maple,basswood and oak forest. Adjacent Land Uses: Single-familyresidential Physical Features: This area includes a mixture of big woods, oak savannah and upland prairie. Existing Facilities: • Upper parking lot for six cars • 2.4 miles of grass surface hiking trails • Lower parking lot for 20 cars—developed in 2003 0 Special Use Groups: Neighborhood and community-wide usage. • Problematic Conditions: Several areas of this site are very steep and have experienced severe erosion in past years. Stabilization of those areas is a • priority. In addition, removal of much of the invasive non-native plant material throughout the site will be necessary to reduce its impact on the desired native species. The single-family residential development along the north end provides access for two trailheads. Development of the soft surface trail system was completed during 1999-2002. A final management report for the entire site was completed in 1999. Notes and Comments: One Native American burial mound associated with the FieIdman Group exists within the Richard T. Anderson Conservation Area. This should be field verified by an archaeologist prior to trail development. This site has high value for interpretation of historical and environmental features. Future acquisition of the eastern valley would allow restoration of the trout ponds that were destroyed in the 1987 super storm. 0 Eden Prairie Park System Plan 2-30 SRF Consulting Group,Inc Park Facilities.Inventory • �/O a 0 0 °o ° a CHANHASSEN (CARVER COUNTY) ,e-----.I; \ .\,,, aIIIIIP"------ / o / %o y ° 4 O O. • Am... O ° o milm 1 O 4.84, ...... \ apt- - lorl 11(16411111(- 4t, like ,,,dit cfeek _ . Ai-• lilifra. iltVr- 1 I , . F�D 011 Vt (1- 7 Qa - s . 'How" 0 x- °o oa / o. 0 ,ki....._.. --17, @ al �1. o . 0. ° ‘ 2 o mo o m O 7 a ' A 1 m 04•� i in \ ' l‘\ -. l ft....---6: ' 44111r klIP O k *O "04 A C , Ip.: k416.31 v ,,,,,,,,,,,,:,),0 (4, .424 , 0 r s,... c 1 Ai _.,--::3 i i A / rb 1 f - is''p co 3, T 1.4....` a i 000 0 0 .iy \\)e' C 0 o ° r°0 0 .f� 0 0 a 00 0 City of Eden Prairie Richard T.Anderson Conservation Area „oH MOWED BY: Eden Pluilleqfy of Eclat P`ot .FF•nspkt ay ResourcesParks&Natural 18700 Flying Cloud Drive I °gym Cam' —6I CITY COUNCIL AGENDA DATE: 07/06/04 SECTION: Consent Agenda DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Engineering Services Al Gray, City Engineer Fountain Place Early Grading Permit \ Requested Action Move to: • Authorize an early grading permit for Fountain Place. Synopsis The approval of the development agreement for Fountain Place is scheduled for July 20, 2004. North American Properties has requested the issuance of an early grading permit to accelerate grading operations. Early grading permits are commonly requested for projects of this complexity. Staff recommends authorization of the permit at the developer's risk. CITY COUNCIL AGENDA DATE: 07/06/04 SECTION: Public Hearings DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development/Planning Janet Jeremiah Patterson Addition V • n • Danette Moore Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for Preliminary Plat on 1.26 acres into 2 lots; and • Direct Staff to prepare a Development Agreement incorporating Staff and Board recommendations and Council conditions. Synopsis The proposal is to subdivide the 1.26 acres into two single-family lots. Community Planning Board Recommendation At the June 14, 2004 meeting the Community Planning Board voted 5-0 to recommend approval of the project to the City Council based on the condition that the site plan be revised to locate the house farther back on the property. This would allow additional room for guest parking and a turnaround so cars would not have to back on to Mitchell Road. The plans have been revised according to the recommendations of the Community Planning Board. Background Information The existing home on the site is to remain. Lot 1 is 30,750 square feet and Lot 2 is 25,883 square feet in size. City Code requires a minimum lot size of 22,000 square feet in the R1-22 Zoning District. The existing and proposed lots meet City Code for R1-22 requirements. Attachments 1. Staff Report dated June 9, 2004 2. Community Planning Board Minutes dated June 14,2004 3. Resolution for Preliminary Plat STAFF REPORT TO: Community Planning Board THROUGH: Michael D. Franzen, City Planner FROM: Danette M. Moore, Planner II DATE: June 9, 2004 SUBJECT: Patterson Property APPLICANT/ Dave Patterson OWNERS: LOCATION: 15340 Sunrise Circle West REQUEST: 1. Preliminary Plat of 1.26 acres into 2 lots. Map Location : Patterson Property Address: 15340 Sunrise Circle West , �'1-- �' / \ I. i \ ., Stanburry Cuv. : • , . . \ ;- Bristal Hill •\ t / . ��. • • , : :+r / F L. f / . . _---'-- � Mitchell Rd. .` ' � f i — . . I I i - _ - . �;`l�,'• ��:is rn' : I r i. � -�—'` -.;fir. -_► r r` t \ r—r-1 i `` ` .; Sunrise Cir. W. — _.- - ' - 'J Sunrise Cir. E. '' ��`•-.' ,•;^*_ ['' : i 7 % i • Pioneer Tr. — \ � U5 Staff Report—Patterson Property June 9,2004 Page 2 BACKGROUND The property is zoned R1-22. Surrounding land uses consist of single-family residential. PRELIMINARY PLAT The proposal is to subdivide the 1.26 acre site into two single-family lots with access to the second lot from Mitchell Road. The existing home on the site is to remain. Lot 1 is 30,750 square feet and Lot 2 is 25,883 square feet in size. City Code requires a minimum lot size of 22,000 square feet in the R1-22 Zoning District. The existing and proposed lots meet City Code for R1-22 requirements. DRIVEWAY PERMIT The applicant was granted a driveway permit in 2000 for a second access to the existing house. The City policy for driveway access to collector roads is that the driveway is a secondary access for existing houses. The lot to the east of this site was created over 30 years ago with frontage on Sunrise Circle and Mitchell Road. There is no record of access control for this lot. In 1995 a building permit was issued for the lot to the east with an access to Mitchell Road. ACCESS In 1991 the City conducted a feasibility study for the purpose of sewer, water, and road improvements. The study also identified which lots had future development potential. The study showed a second lot for this property with an access from Sunrise Circle. The owner would like to use the curb cut on Mitchell Road as the primary access to the new house. The City can exercise access control through the subdivision process. Access for the new lot should be from Sunrise Circle. See Exhibit A for the proposed feasibility plan. GRADING AND TREE LOSS There are 10 significant trees totaling 160 inches on the property that maybe impacted by a new driveway to provide access to the second lot. The site is relatively flat and minimal grading would be necessary. Only two of the trees would need to be removed to build a 10 foot wide driveway. There are 27 non significant crabapple and conifer trees that would be impacted by the new driveway; however these trees are small enough to be machine moved. Relocating the trees between the new driveway and the existing house would help provide a buffer. UTILITIES The plans show utilizing the existing utility services located in Sunrise Circle West. 6 Staff Report—Patterson Property June 9,2004 Page 3 SUMMARY A second lot (flag lot) is consistent with development patterns in the area. The lots to the west are flag lots. The proposed lot meets the requirements of the R1-22 zoning district. The plan should be revised to show a flag lot. A ten foot wide driveway can be constructed with minimal tree impacts. Small trees can be relocated between the proposed driveway and the existing house. Although the existing driveway access on Mitchell Road meets site vision distance, this driveway access should be removed as a condition of subdivision approval. RECOMMENDATION Recommend approval of the following request: • Preliminary Plat of 1.26 acres into 2 lots This is based on plans dated June 9, 2004,and the following conditions: 1. Prior to City Council review the proponent shall. A. Revise the plans to show a driveway access from Sunrise Circle to the second lot. B. Submit a tree inventory and replacement plan detailing tree impacts. 2. Prior to grading permit issuance, the proponent shall: A. Prior to any grading, tree removal or building permit for the property, the proponent shall install erosion control and tree protection fencing at the grading limits. B. Submit detailed storm water runoff, utility, and erosion control plans for review and approval by the City Engineer and Watershed District. 3. Prior to building permit issuance for the property, the proponent shall: A. Provide a tree replacement surety equivalent to 150% of the cost of the tree replacement improvements indicated on the approved plan. B. Pay the Cash Park Fee. Community Planning Board Minutes June 14, 2003 Page 2 V. PUBLIC HEARING A. PATTERSON PROPERTY by Dave Patterson. Request for Preliminary Plat of 1.26 acres into 2 lots. Location: 15340 Sunrise Circle West. • Dave Patterson, 15340 Sunrise Circle West, explained that in 1995 he checked into the feasibility of splitting his lot in the future and was informed"that he could split his lot through administrative approval. Peterson said he was not able to move forward at that time. In 2000, Peterson decided to proceed with the lot split and install driveway access off of Mitchell Road instead of.Sunrise Circle. There are four lots to the west of the property-with two having access-off of Sunrise and two are flag lots. Lots to the east of theproperty touches Sunrise Circle and Mitchell Road,which are similar to his lot:,P tterson.indicated/he was told if he met requirements,he could install the driveway access and.pro'ceed. Patterson said he was not able to proceed at that'time; however the driveway access was installed. In the fall of 2003, Patterson said he hired-Westwood Professional to put together preliminary plat drawings. Patterson said that when he proposed the drawings,he was told that there were some requirements that were not met and he changed his plans to meet the additional requirements. Patterson said he is ready to proceed,but has been told there are issues that City policy will not allow. Patterson said he disagreed with the staffireport in regard to grading and tree loss where it says that only two trees would need to bp/removed to build a 10-foot wide driveway. Patterson said that is correct if the driveway were built very close to his house otherwise a lot more trees would have tq`be removed. Patterson said that he talked with his neighbors to the wet and they expressed that they would not like his property to be a flag,lot. Patterson-said his neighbors do not have a problem with his plans. i" . Franzen said that Patterson is dealing with a City policy on access. The City has the authority to decide in the subdivision process where the access can be placed. Franzen said that there is nothing wrong with-the proposal as it fits in with the neighborhood,but the Board,has to decide where the best access should be located. Franzen said that the CityEngineer should address some of the access concerns., Gray said that the concern of access off of Mitchell Road is the visibility and site distance. Gray,.said that the access'is not reasonable if the homeowner has to back out of the site. Gray said-that the alternatives are: to create the lot with access off of Mitchell Road, create a flag lot type of lot which would connect it to the Sunrise neighborhood, or there would be no subdivision at all. Gray said that the concern about theproposal is that its only access is off of Mitchell Road. This driveway is very close'to the crest of the hill on Mitchell Road. The two issues of access off of Mitchell road is site distance and there is no parking. If cars are parked'in the driveway they willneed to back out of the driveway,which is not a Community Planning Board Minutes June 14, 2003 Page 3 safe situation. Gray said that the problem with the proposal is that it may be very difficult to turn around and back into the driveway. Gray said that the proposal needs to have a lot more turn-around space,a lot more driveway space available. Gray said that it would work better if it.were a flag,lot with access off of Sunrise Circle. Stoltz asked what the minimum site requirements are. Gray said there is no site distance,design chart for backing out of a driveway. The site distance backing out of a driveway is probably double'of what it would be if a person were not backing out of the driveway. Also,there is no parking on Mitchell Road. Franzen asked Gray if the access were face-forward into the street,would he be more comfortable with allowing the access off of Mitchell Road. Franzen asked Patterson if the house could be moved back further to add room for parking. • Gray said that if the house was back farther and the driveway was larger and circular, it would lessen guests from backing out of the driveway. Patterson said he was amenable to changing his plans to move the house back and adding a circular driveway. Kacher asked Patterson if he,went to the City at one time and was given permission to get the driveway;access off of Mitchell Road. Patterson said that the City did grant permission to have driveway access off of Mitchell Road. Franzen said that in the past there was not a subdivision request so the City had an obligation to grant the permit. Franzen said the Board has to decide where is the best place to have access for the preliminary plat request. Eugene Gray, 9040 Sunrise'Circle East, said that it is an issue of doing the right thing. Gray said his neighbor was granted a permit to access Mitchell Road and does not want another driveway off of Sunrise Circle. Gray preferred the access be off of Mitchell Road. Seymour.asked Franzen if they allowed the driveway onto Mitchell Road, would the Board get the opportunity to look at the plans for the development and the driveway. Franzen said that if the Board recommends approval,they would have to ask for a continuance to see the plans or they could have staff approve the plans. 0 Community Planning Board Minutes June 14,2003 Page 4 • Stoelting asked Patterson if he was willing to work with staff and possibly adjust his development plans. Patterson said he was willing to work with staff. MOTION by Seymour, seconded by Nelson to close the public/hearing. Motion carried 5-0. MOTION by Seymour, seconded by Kacher to approve the request for preliminary plat of 1.26 acres into lots at 15340 Sunrise Circle West based on plans dated June 9, 2004 subject to recommendations of the staff report dated June 11, 2004 and have staff work with the developer to come up with a driveway and parking solution that will enhance the entrance of the new lot. Motion carried 5-0. Stoelting added that the plans should have enough parking and egress from the property, and they would have to drive forward rather than backward. Franzen said he would work with the developer to figure something out and report back to the Board on the solutions. • \ 90 PATTERSON ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2004- RESOLUTION APPROVING THE PRELIMINARY PLAT OF PATTERSON ADDITION FOR DAVE PATTERSON BE IT RESOLVED,by the Eden Prairie City Council as follows: That the preliminary plat of Patterson Addition for Dave Patterson stamp dated June 25, 2004,and consisting of 1.26 acres into two 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 6th day of July, 2004. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen A.Porta, City Clerk DATE: SECTION: Public Hearing July 6,2004 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Public hearing on the proposed issuance of Office of the City Manager Multifamily Housing Development Revenue Scott Neal Bonds for Broadmoar Apartments Inc. • ` t Sue Kotchevar Community Development Janet Jeremiah Requested Action Move to: • Close the Public Hearing; and • Direct Staff to prepare resolution for the July 20th City Council Meeting Synopsis The City is required to conduct a public hearing on the proposed Project and the proposed issuance of Housing Revenue Bonds. Background Information The City is authorized pursuant to Minnesota Statutes, Chapter 462C, as amended(the "Act")to finance the making or purchasing of loans with respect to multifamily housing developments within the boundaries of the City of Eden Prairie, Minnesota. The City has received a proposal from Broadmoor Apartments, Inc., a Minnesota nonprofit corporation, which is related to Presbyterian Homes and Services, that the City assist in financing a Project through the issuance of revenue bonds or notes in the approximate aggregate principal amount of$8,400,000 pursuant to the Act and in accordance with a housing finance program prepared with respect to the Project. The Project will finance the acquisition of 227 existing residential condominium units and 73 attached garage units located at 635 Prairie Center Drive in the City of Eden Prairie. All 227 condominium units are currently owned by one entity and rented as market-rate apartments (Broadmoor Apartments). The new owner (Presbyterian Homes) would convert the apartments to Senior affordable units. Presbyterian Homes currently owns the adjacent Castle Ridge Care Center. CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims July 06,2004 DEPARTMENT: ITEM DESCRIPTION: ITEM NO.: Finance Payment of Claims V i I Sue Kotchevar ' Requested Action Move to: Approve the Payment of Claims as submitted(roll call vote) Synopsis Checks 131131 - 131756 Wire Transfers 2034—2042 Background Information Attachments 9D-- City of Eden Prairie Council Check Summary 07/06/2004 Division Amount General 36,470 100 City Manager 440 101 Legislative 1,022 102 Legal Counsel 103,147 110 City Clerk 1,207 111 Customer Service 21,503 112 Human Resources 7,305 113 Communication Services 6,340 115 Risk Management 3,551 116 Facilities 32,764 117 City Center 27,732 130 Assessing 268 131 Finance 4,132 132 Social Services 7,395 133 Community Development 988 135 Information Technology 15,832 136 Wireless Communication 4,419 137 Economic Development 466 151 Park Maintenance 30,707 153 Athletic Programs 6,530 154 Community Center 44,161 155 Beaches 24 156 Youth Programs 3,911 157 Special Events 15,870 158 Senior Center 4,772 159 Recreation Administration 274 160 Therapeutic Recreation 359 161 Oak Point Pool 720 162 Arts 8,876 163 Park Facilities 6,301 180 Police 36,831 183 Civil Defense 4,545 184 Fire 56,756 185 Animal Control 2,460 186 Inspections 536 200 Engineering 362 201 Street Maintenance 48,213 202 Street Lighting 53,090 203 Fleet Services 40,919 204 Equipment Revolving 85,645 301 CDBG 6,242 303 Cemetary Operation 319 304 Senior Awareness Fund 213 308 E-911 1,481 310 Fire Fighters Fund 2,375 312 Recycle Rebate 9,175 424 G.O.Improvement Bonds 2003D 88,315 503 Utility Improvement 18,131 506 hnprovment Bonds 1996 6,139 507 Construction Fund 8,554 509 CIP Fund 41,592 511 Construction Fund 76,558 513 CIP Pavement Management 8,550 601 Prairie Village Liquor 149,746 602 Den Road Liquor 233,959 603 Prairie View Liquor 161,743 701 Water Fund 148,101 702 Sewer Fund 213,177 703 Storm Drainage Fund 29,946 803 Escrow Fund 74,993 806 SAC Agency Fund - 103,950 807 Benefits Fund 472,191 Report Totals 2,582,295 9-5 City of Eden Prairie Council Check Register 07/06/2004 Check# Amount Vendor/Explanation Account Description Business Unit 2034 167 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits 2035 1,097 WELLS FARGO MINNESOTA N A Benefit payments Health and Benefits 2036 9,908 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 2037 25,657 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits 2038 15,723 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund 2039 131,967 WELLS FARGO MINNESOTA N A Benefit payments Health and Benefits 2040 286 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Services 2041 65,335 MINNESOTA DEPT OF REVENUE Other Contracted Services Pleasant Hill Cemetary 2042 57,000 MINNESOTA DEPT OF REVENUE Facility Rentals 2nd Sheet of Ice 131131 240 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events 131132 521 ASPEN WASTE SYSTEMS INC. Waste Disposal Den Road Liquor Store 131133 215 BRAGG,ANNALISA Instructor Service Outdoor Center 131134 40 BROWN,SHELLY Events/Admission Fee Therapeutic Rec Administration 131135 650 CAMPOS,LORI Instructor Service Outdoor Center 131136 2,569 CENTERPOINT ENEGY Gas Water Treatment Plant 131137 19,433 CENTERPOINT ENERGY MARKETING I Gas City Hall-CAM 131138 168 EDEN PRAIRIE NOON ROTARY CLUB Dues&Subscriptions City Council 131139 335 GRAINGER Repair&Maint.Supplies Fire 131140 123 HANLON,KIM Operating Supplies Fire 131141 478 HENNEPIN TECHNICAL COLLEGE Tuition Reimbursement/School Fire 131142 58 HILL,GRETCHEN Lessons&Classes Ice Arena 131143 99 HOLZINGER,MARGARET Program Fee Athletics 131144 970 IND SCHOOL DIST 272 Special Event Fees Classes/Programs/Events 131145 127 JENKINS,BROOKE Mileage&Parking Tree Disease 131146 206 KELLY,JR.,VIN Memberships Community Center Admin 131147 14 KENNEDY,MICHAEL Program Fee Classes/Programs/Events 131148 45 LINDAHL,DAVID Conference Expense Economic Development 131149 80 MCFERRIN,TANYA Instructor Service Outdoor Center 131150 43 PARGAL,KATIE Lessons&Classes Pool Lessons 131151 282 PARK NICOLLET CLINIC Other Contracted Services Risk Management 131152 3,000 POSTAGE BY PHONE RESERVE ACCOU Postage General 131153 52 QUICKSILVER EXPRESS COURIER Postage General 131154 36 QWEST Telephone Sewer Lifistation 131155 220 SCHMITZ,WENDY Program Fee Outdoor Center 131156 21,970 SUPERIOR FORD Autos Police 131157 14,011 THANE I-IAWKINS POLAR CIIEVROLET Autos Water System Maintenance 131158 120 WERTS,SANDY Mileage&Parking Special Events Administration 131159 45 WINE SPECTATOR Dues&Subscriptions Prairie Village Liquor Store 131160 7 XCEL ENERGY Electric Staring Lake 131161 47 ACE ICE COMPANY Misc Non-Taxable Prairie View Liquor Store 131162 95 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Den Road Liquor Store 131163 544 ARCTIC GLACIER INC Misc Non-Taxable Prairie Village Liquor Store 131164 2,091 BELLBOY CORPORATION Operating Supplies Prairie Village Liquor Store 131165 11,726 DAY DISTRIBUTING Beer Prairie View Liquor Store 131166 1,517 EAGLE WINE COMPANY Wine Domestic Den Road Liquor Store 131167 10,979 EAST SIDE BEVERAGE COMPANY Beer Den Road Liquor Store 131168 300 EXTREME BEVERAGE Misc Taxable Prairie Village Liquor Store 131169 308 GETTMAN COMPANY Misc Taxable Prairie Village Liquor Store 131170 349 GRAPE BEGINNINGS Wine Domestic Den Road Liquor Store 131171 11,484 GRIGGS COOPER&CO Liquor Prairie View Liquor Store 131172 192 J&C DISTRIBUTING Misc Taxable Prairie Village Liquor Store 131174 17,179 JOHNSON BROTHERS LIQUOR CO Wine Domestic Prairie View Liquor Store 131175 13,807 MARK VII Beer Prairie Village Liquor Store 131176 938 MIDWEST COCA COLA BOTTLING COM Misc Taxable Prairie Village Liquor Store 131177 1,165 PAUSTIS&SONS COMPANY Beer Den Road Liquor Store 131178 8,790 PHILLIPS WINE AND SPIRITS INC Wine Domestic Prairie View Liquor Store 131179 306 PINNACLE DISTRIBUTING Misc Taxable Prairie View Liquor Store 131180 1,436 PRIOR WINE COMPANY Liquor Den Road Liquor Store 131181 19,935 QUALITY WINE&SPIRITS CO Wine Domestic Prairie Village Liquor Store 131182 18,492 THORPE DISTRIBUTING Beer Prairie Village Liquor Store 131183 1,415 WINE COMPANY,THE Wine Domestic Den Road Liquor Store 131184 1,706 WINE MERCHANTS INC Wine Domestic Prairie View Liquor Store 131185 134 AAA LAMBERTS LANDSCAPE PRODUCT Landscape Materials/Supp Street Maintenance 131186 500 AL&ALMA'S SUPPER CLUB AND CH Special Event Fees Classes/Proggrams/Events 131187 20 BAUMAN,JAMES Mechanical Permits ,Li General Fund 131188 45 CHIMATA,HARITHA Lessons&Classes Ice Arena Check# Amount Vendor/Explanation Account Description Business Unit 131189 54 ESBENSEN,GEORGE Training Supplies Fire 131190 100 FORKINS,SHARON L Refunds Environmental Education 131191 160 GE CAPITAL Other Rentals General 131192 51,505 GREGERSON ROSOW JOHNSON&NILA Legal Legal Council 131193 30 HAFNER,JULIE Open Fees Ice Arena 131194 8,509 HENNEPIN COUNTY Deposits Escrow 131195 988 HENNEPIN COUNTY TREASURER Operating Supplies Community Development 131196 5 JOHNSON,MARTHA Program Fee Classes/Programs/Events 131197 548 METRO SALES INCORPORATED* Other Rentals General 131198 101 MINNESOTA CONWAY Operating Supplies Fire 131199 1,425 MINNESOTA VALLEY ELECTRIC COOP Electric Park Maintenance 131200 99 PORTA,KITTY Mileage&Parking Records Management 131201 199 PRAIRIE FRAMING JIM RICHARDSON Other Contracted Services Storm Drainage 131202 24 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Services 131203 948 QWEST Telephone Wireless Communication 131204 876 RIDGEVIEW MEDICAL CENTER Other Contracted Services Risk Management 131205 4,476 RT ELECTRIC Equipment Repair&Maint Emergency Preparedness 131206 100 SABRE HEATING AND AC Cash Over/Short General Fund 131207 1,344 SCHARBER&SONS Equipment Repair&Maint Fleet Services 131208 83 SIMON,ANDREA Employee Award Human Resources 131209 425 SOUTH MECH CONTRACTOR Mechanical Permits General Fund 131210 28 STAR TRIBUNE Office Supplies General 131211 22,517 SUPERIOR FORD Autos Police 131212 22 VERIZON WIRELESS BELLEVUE Pager&Cell Phone Park Maintenance 131213 1,962 WORK CONNECTION-BPARK Other Contracted Services Park Maintenance 131214 1,977 ARCH PAGING Pager&Cell Phone Wireless Communication 131215 1,200 ASSOCIATION OF TRAINING OFFICE Tuition Reimbursement/School Police 131216 73 BAE,LAUREN Program Fee Athletics 131217 65,921 BATON CORPORATION Deposits Escrow 131218 192 BIRDIES GOLF Instructor Service Summer Skill Development 131219 774 BJUKSTAD,SCOTT Facility Rentals 2nd Sheet of Ice 131220 1,760 BRABENDER,DAN Other Contracted Services 2000 Rehab 131221 127 BUCA Operating Supplies Fire 131223 179 CITI-CARGO&STORAGE CO,INC Operating Supplies Staring Lake Concert 131224 20 COLLEGE FUNDING CONSULTANTS Facility Rentals Community Center Admin 131225 121 CONNEY SAFETY PRODUCTS Office Supplies General 131226 92 CUB FOODS EDEN PRAIRIE Operating Supplies Police 131227 49 CULLIGAN BOTTLED WATER Operating Supplies Fire 131228 2,000 DORSEY&WHITNEY LLP Legal Legal Council 131229 24,663 EMERGENCY APPARATUS MAINTENANC Repair&Maint.Supplies Fire 131230 57 ERIK'S BIKE SHOP Equipment Repair&Maint Police 131231 1,216 ESR1 Software Capital Impr./Maint.Fund 131232 2,227 FORE MECHANICAL,INC Equipment Repair&Maint Den Road Liquor Store 131233 1,131 HENNEPIN COUNTY SHERIFF'S OFFI Board of Prisoner Police 131234 103 HOLIDAY STATION STORES INC Cigarette Licenses General Fund 131235 28 ICI DULUX PAINT CTRS Operating Supplies Park Maintenance 131236 136 IND SCHOOL DIST 272 Gym Rental Volleyball 131237 541 KOTCHEVAR,SUSAN Travel Expense Finance 131238 43 LANZI,BOB Operating Supplies Ice Show 131239 233 LATITUDES MAP&TRAVEL STORE Building CDBG Fund 131240 532 METRO PRINTING Office Supplies Fire 131241 1,696 METRO SALES INCORPORATED* Other Rentals General 131242 2,236 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund 131243 25 MINNESOTA CHAPTER IAAI Dues&Subscriptions Fire 131244 7,153 MINNESOTA STATE TREASURER Building Surcharge General Fund 131245 1,076 MIRACLE RECREATION EQUIPMENT C Repair&Maint.Supplies Homeward Hills Park 131246 126 OLSON,ROBERT Tuition Reimbursement/School Police 131247 14 PARGAL,KATIE Lessons&Classes Pool Lessons 131248 71 PETSMART Canine Supplies Police 131249 2 PIECHOWSKI,KATHY Program Fee Afternoon Playground 131250 78 PORTA,KITTY Travel Expense City Manager 131268 1,043 PRAIRIEVIEW RETAIL LLC Waste Disposal Prairie View Liquor Store 131269 122 REED BUSINESS INFORMATION Legal Notices Publishing Sewer Liftstation 131270 3,431 RELIASTAR LIFE INSURANCE CO Disability Ins Employers Health and Benefits 131271 4,456 RICHFIELD,CITY OF Autos Police 131272 27 SCADDEN,JENNA Clothing&Uniforms Police 131273 33 SELA ROOFING&REMODELING Cash Over/Short General Fund 131274 35 SINCLAIR,AMY Lessons&Classes Ice Arena 131275 148 SINELL,STEVE Conference Expense a Assessing 131276 21 SOFTWARE HOUSE INTERNATIONAL I Software I Information Technology Check n Amount Vendor/Explanation Account Description Business Unit 131277 11 STAR TRIBUNE Misc Non-Taxable Den Road Liquor Store 131278 31 STROUP,LARRY Outside Water Sales Water Enterprise Fund 131279 18,827 SUPERIOR FORD Autos Fire 131280 50 THIELMAN,MARC Outdoor Center Park Facilities 131281 220 TIME WARNER CABLE Cable TV Fire 131282 1,886 UNIFORMS UNLIMITED Clothing&Uniforms Fire 131283 12 UPS Postage Fire 131284 146 US CAVALRY Clothing&Uniforms Police 131285 3 ABBOTT,CRISTINA Program Fee Afternoon Playground 131286 406 ASPEN WASTE SYSTEMS INC. Waste Disposal Water Treatment Plant 131287 89 AT&T Pager&Cell Phone Police 131288 750 CAMPOS,LORI Instructor Service Outdoor Center 131289 170 DONWEN,JEFFREY Outside Water Sales Water Enterprise Fund 131290 100 GAME WORLD Other Rentals July 4th Celebration 131291 2,983 GENERAL PARTS Building Repair&Maint. City Hall-CAM 131292 2,000 GOODPOINTE TECHNOLOGY CORPORAT Software Maintenance Information Technology 131293 300 HENNEPIN COUNTY PUBLIC RECORDS Other Contracted Services Engineering 131294 464 INSIGHT PUBLIC SECTOR Other Hardware Information Technology 131295 162 KHELAH,HEATHER Program Fee Afternoon Playground 131296 266 LANDS END CORPORATE SALES Clothing&Uniforms Police 131297 335 LANZI,BOB Mileage&Parking Ice Arena 131298 21 MAIL BOXES ETC Postage Water Treatment Plant 131299 74 MINN ST ADMIN ITG TELECOM SERV Software Maintenance Information Technology 131300 40 MINNESOTA DEPT OF AGRICULTURE Other Contracted Services Lime Sludge 131301 30 MINNESOTA DEPT OF LABOR AND IN Licenses&Taxes Fleet Services 131302 806 MOORE MEDICAL CORP Safety Supplies Fire 131303 100 OTTERNESS,RON Instructor Service Outdoor Center 131304 1,481 QWEST Telephone E-911 Program 131305 1,263 QWEST COMMUNICATIONS Pager&Cell Phone Police 131306 342 RCM&ASSOCIATES Operating Supplies Telephone 131307 14 RICHFIELD,CITY OF Autos Fire 131308 715 SCIENCE EXPLORERS Instructor Service Outdoor Center 131309 400 STEARNS COUNTY SHERIFF'S DEPAR Deposits Escrow 131310 18,827 SUPERIOR FORD Autos Fire 131311 96 TEKIELA,STAN Operating Supplies Outdoor Center 131312 448 US POSTMASTER-HOPKINS Postage Classes/Programs/Events 131313 231 VERIZON WIRELESS BELLEVUE Pager&Cell Phone Police 131314 498 WILSON,TAMMY Conference Expense Finance 131315 4,143 XCEL ENERGY Electric Water Treatment Plant 131316 85 ACE ICE COMPANY Misc Non-Taxable Prairie View Liquor Store 131317 100 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Prairie View Liquor Store 131318 321 ARCTIC GLACIER INC Misc Non-Taxable Prairie Village Liquor Store 131319 1,841 BELLBOY CORPORATION Wine Imported Prairie View Liquor Store 131320 4,935 DAY DISTRIBUTING Beer Prairie View Liquor Store 131321 2,696 EAGLE WINE COMPANY Wine Imported Prairie Village Liquor Store 131322 16,008 EAST SIDE BEVERAGE COMPANY Beer Den Road Liquor Store 131323 460 EXTREME BEVERAGE Misc Taxable Den Road Liquor Store 131324 1,122 GRAPE BEGINNINGS Wine Domestic Prairie Village Liquor Store 131325 15,901 GRIGGS COOPER&CO Liquor Prairie View Liquor Store 131326 619 HOHENSTEINS INC Beer Den Road Liquor Store 131327 21,978 JOHNSON BROTHERS LIQUOR CO Wine Domestic Prairie View Liquor Store 131328 5,416 MARK VII Beer Prairie View Liquor Store 131329 653 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store 131330 4,277 PAUSTIS&SONS COMPANY Wine Domestic Prairie View Liquor Store 131331 13,533 PHILLIPS WINE AND SPIRITS INC Wine Imported Prairie Village Liquor Store 131332 904 PINNACLE DISTRIBUTING Misc Taxable Prairie View Liquor Store 131333 1,849 PRIOR WINE COMPANY Wine Domestic Prairie View Liquor Store 131334 13,997 QUALITY WINE&SPIRITS CO Liquor Den Road Liquor Store 131335 24,097 TI-IORPE DISTRIBUTING Beer Prairie Village Liquor Store 131336 2,966 WINE COMPANY,THE Wine Domestic Prairie Village Liquor Store 131337 4,215 WINE MERCHANTS INC Wine Domestic Prairie View Liquor Store 131338 1,789 WORLD CLASS WINES INC Wine Imported Den Road Liquor Store 131339 80 AMERICAN RED CROSS Recreation Supplies Pool Lessons 131340 207 AMERICAN WATER WORKS ASSOCIATI Training Supplies Water Utility-General 131341 607 ANCHOR PAPER COMPANY Office Supplies Police 131343 7,708 BIFFS INC Waste Disposal Park Maintenance 131344 50 CAMPBELL,WENDY Refunds Environmental Education 131345 50 CAPOUCH,ROBIN Refunds Environmental Education 131346 13 CENTRAIRE INC Cash Over/Short �-+,,rr'- General Fund 131347 4 CLANTON,GREG Org Athletic League Fees C /6 Raquetball Check# Amount Vendor/Explanation Account Description Business Unit 131348 696 DE LAGE LANDEN FINANCIAL SERVI Other Rentals Fire 131349 14,623 DELTA DENTAL PLAN OF MN Benefit payments Health and Benefits 131350 100 DUNGAN,MIKE Refunds Environmental Education 131351 100 ENGH III,HAROLD V Refunds Environmental Education 131352 250 FOX LAWSON&ASSOCIATES Other Contracted Services Human Resources 131353 5 FROST,JERRY Org Athletic League Fees Raquetball 131354 1,524 GOPHER STATE ONE-CALL INC Other Contracted Services Water System Maintenance 131355 390 GRAY,LINDA Program Fee Outdoor Center 131356 22,045 GREGERSON ROSOW JOHNSON&NILA Legal Counsel Airport Legal Council 131357 25 HAFNER,JULIE Open Fees Ice Arena 131358 102 HARTZEL,PAUL Operating Supplies Staring Lake Concert 131359 247 HAYEN,LINDA Operating Supplies Summer Theatre 131360 459 HENNEPIN COUNTY I/f DEPT Software Maintenance Information Technology 131361 163 HIRSHFIELD'S Equipment Parts Fleet Services 131362 100 HUETHER,LOUIS Refunds Environmental Education 131363 2,798 IND SCHOOL DIST 272 Gym Rental Volleyball 131364 159 ITASCA GREENHOUSE INC Landscape Materials/Supp Reforestation 131365 390 KLOECKNER,LINDA Other Contracted Services July 4th Celebration 131366 1,182 LAKE RESTORATION INC Other Contracted Services Storm Drainage 131367 100 LAVONE,CAROL Refunds Environmental Education 131368 100 MCKAY,DENNIS Refunds Environmental Education 131369 290,042 MEDICA CHOICE Benefit payments Health and Benefits 131370 1,442 METRO SALES INCORPORATED* Other Rentals General 131371 102,911 METROPOLITAN COUNCIL Due to Other Governments SAC Agency Fund 131372 198,088 METROPOLITAN COUNCIL ENVIRONME Waste Disposal Sewer Utility-General 131373 112 MICHAELSON,LIZ Operating Supplies Summer Theatre 131374 883 MINNESOTA DEPT OF ECONOMIC SEC Unemployment Compensation Employee Benefits 131375 16,332 MINNESOTA STATE RETIREMENT SYS Severance Police 131376 195 MPELRA Conference Expense Human Resources 131377 118 NORTHWEST BUSINESS SYSTEMS Equipment Repair&Maint Fleet Services 131378 75 PAIN ENTERPRISES INC. Chemicals Pool Maintenance 131379 191 PHOTO KING Operating Supplies Summer Theatre 131380 7,804 PRAIRIE PARTNERS SIX LLP Building Rental Prairie Village Liquor Store 131381 7,360 PRAIRIEVIEW RETAIL LLC Building Rental Prairie View Liquor Store 131382 120 PUBLIC SAFETY EQUIPMENT LLC Equipment Repair&Maint Police 131383 42 QUICKSILVER EXPRESS COURIER Postage General 131384 1,044 REBS MARKETING Other Contracted Services Water Accounting 131385 52 SCHNOBRICH,JIM Operating Supplies Summer Theatre 131386 675 SIGHTLINE DISPLAYS,LLC Equipment Repair&Maint Miller Park 131387 12 STAR TRIBUNE Misc Non-Taxable Prairie View Liquor Store 131388 198 VALLEYFAIR AMUSEMENT PARK Special Event Fees Teen Work Program 131389 500 VERIZON DIRECTORIES CORP Advertising Den Road Liquor Store 131390 37 VERIZON WIRELESS BELLEVUE Pager&Cell Phone Street Maintenance 131391 152 XCEL ENERGY Electric Sewer Liftstation 131392 653 ZAFFARANO,ERICA Operating Supplies Summer Theatre 131393 4,250 FAMILY&CI-IILDRENS SERVICE Other Contracted Services Housing,Trans,&Human Sery 131394 435 1ST CHOICE TOURS Transportation Trips 131395 290 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events 131396 1,123 ASPEN WASTE SYSTEMS INC. Waste Disposal Senior Center 131397 480 BIGLEY,RONALD L Special Event Fees Classes/Programs/Events 131398 24 BINO,SUSAN Program Fee Classes/Programs/Events 131399 53 CARLSTEDT,ANNIE Other Contracted Services Teen Work Program 131400 17 ECKERT,ANN MARIE Operating Supplies Classes/Programs/Events 131401 100 EMERSON,MICHAEL&KATHLEEN Refunds Environmental Education 131402 180 FLYING CLOUD ANIMAL HOSPITAL Canine Supplies Police 131403 61 GARTON,ELISE M Other Contracted Services Teen Work Program 131404 66 GOODMAN,NICOLE Other Contracted Services Teen Work Program 131405 248 GREGERSON ROSOW JOHNSON&NILA Legal Legal Council 131406 250 HALE,WILLIAM Operating Supplies Staring Lake Concert 131407 83 HOGER,ANYA Other Contracted Services Teen Work Program 131408 25 HSSC/FAMILINK Dues&Subscriptions Classes/Programs/Events 131409 3,290 IND SCHOOL DIST 272 Gym Rental Special Initiatives 131410 357 KINKO'S Other Contracted Services Economic Development 131411 855 KOERING,STEVE Travel Expense Fire 131412 52 MEDICINE LAKE TOURS Special Event Fees Classes/Programs/Events 131413 795 METROPOLITAN STATE UNIVERSITY Conference Expense Finance 131414 300 MEYER,JOE Other Contracted Services Staring Lake Concert 131415 27 MINNESOTA DEPT OF PUBLIC SAFET Bike Registrations General Fund 131416 85 MINNESOTA PRINT MANAGEMENT LLC Miscellaneous City Manager 131417 840 MISSISSIPPE BELLE Special Event Fees eI'1 Classes/Programs/Events I Check# Amount Vendor/Explanation Account Description Business Unit 131418 8,000 MOSS&BARNETT Legal Legal Council 131419 400 NUR,ZINA Miscellaneous Housing,Trans,&Human Sery 131420 48 O'CONNELL,LUX1e4I Other Contracted Services Teen Work Program 131421 165 PADELFORD PACKET BOAT CO INC Special Event Fees Classes/Programs/Events 131422 284 PETTY CASH-POLICE DEPT Travel Expense Police 131423 59 QWEST Telephone Telephone 131424 480 RONNING,EILEEN Other Contracted Services Trips 131425 535 SETTLERS RIDGE TOWNHOME ASSOC AR Utility Water Enterprise Fund 131426 15 SHAW,KENDRA Other Contracted Services Teen Work Program 131427 2,640 SHEEHAN,JOHN C Other Contracted Services Communication Services 131428 100 SLOTT,THERESE Refunds Environmental Education 131429 78 TAYLOR,MIKE Other Contracted Services Teen Work Program 131430 450 TUNE INTO KIDS Operating Supplies Staring Lake Concert 131431 88,315 US BANK Interest G.O.Improvement Bonds 2003D 131432 3,210 US POSTMASTER-HOPKINS Postage General 131433 66 WHITE,NICOLE Mileage&Parking Therapeutic Rec Administration 131434 110,596 XCEL ENERGY Electric Street Lighting 131435 146 FRITZ,RONALD Instructor Service Fall Skill Development 131436 146 RICHARDSON,JIM Instructor Service Fall Skill Development 131437 17 A TO Z RENTAL CENTER Operating Supplies Street Maintenance 131438 149 A TO Z SOUTHWEST RENTAL Small Tools Storm Drainage 131439 2,129 AAMCO Equipment Repair&Maint Fleet Services 131440 17 AIRLINK COMMUNICATIONS INC Computers Information Technology 131441 900 ANNANDALE TACTICAL Tuition Reimbursement/School Police 131442 37 ASHBAUGH,TOM Program Fee Tennis 131443 5,023 AUDIOVISUAL INC Equipment Parts Fleet Services 131444 115 BACHMANS CREDIT DEPT Landscape Materials/Supp Reforestation 131445 16 BAN-KOE SYSTEMS INC Operating Supplies Oak Point Operations 131446 965 BAUER BUILT TIRE AND BATTERY Tires Fleet Services 131447 19 BCI BURKE COMPANY LLC Repair&Maint.Supplies Staring Lake 131448 128 BOGREN,ANN Canine Supplies Police 131449 1,100 BOLD,PAULINE Instructor Service Outdoor Center 131450 60 BRAGG,ANNALISA Instructor Service Outdoor Center 131451 16 BREUNIG,KRISTI Clothing&Uniforms Police 131452 117 CHASKA PAR 30 Instructor Service Summer Skill Development 131453 28 CULLIGAN-METRO Operating Supplies Outdoor Center 131454 1,191 DELL Capital Under$2,000 Fleet Services 131455 37 DOYLE,COLLEEN Program Fee Tennis 131456 84 DUFF,NICK Program Fee Outdoor Center 131457 132 EDEN PRAIRIE CHAMBER OF COMMER Miscellaneous In Service Training 131459 2,285 GENUINE PARTS COMPANY Equipment Parts Fleet Services 131460 225 GOVERNMENT FINANCE OFFICERS AS Awards Finance 131461 19,383 GREGERSON ROSOW JOHNSON&NILA Legal Legal Council 131462 20 HENNEPIN TECHNICAL COLLEGE Tuition Reimbursement/School Fire 131463 567 I-IIRSHFIELD'S Repair&Maint.Supplies City Hall-Direct Costs 131464 119 LEROY JOB TRUCKING INC Other Contracted Services Animal Control 131465 126 LINDAHL,DAVID Mileage&Parking Economic Development 131466 75 LINDON,CARRIE Program Fee Tennis 131467 194 LOWERY,THOMAS Mileage&Parking Police 131468 80 MCFERRIN,TANYA Instructor Service Outdoor Center 131469 23 MINNESOTA DEPT OF HEALTH Licenses&Taxes Water Treatment Plant 131470 3,577 PERSONNEL DECISIONS INTL Other Contracted Services Human Resources 131471 45 PETSMART Canine Supplies Police 131472 98 PROTECTION ONE Other Contracted Services Cummins Grill 131473 480 RADIOSHACK Other Hardware Capital Impr./Maint.Fund 131474 19,328 RELIAKOR SERVICES Sweeping Storm Drainage 131475 278 SCIENCE MUSEUM OF MINNESOTA Conference Expense City Manager 131476 5,207 STANDARD INSURANCE CO Life Insurance EE/ER Health and Benefits 131477 21 STEINER,SHARON Program Fee Classes/Programs/Events 131478 3,006 STRUCTURED NETWORK SOLUTIONS Miscellaneous Information Technology 131479 46 TALLAKSON,PENNY Lessons&Classes Oak Point Lessons 131480 37 TRANS UNION CORPORATION Other Contracted Services Police 131481 177 UNIFORMS UNLIMITED Clothing&Uniforms Police 131482 335 WALMART COMMUNITY Operating Supplies Afternoon Playground 131483 840 WEBER,GREG Tuition Reimbursement/School In Service Training 131484 168 ACE ICE COMPANY Misc Non-Taxable Prairie View Liquor Store 131485 62 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Prairie Village Liquor Store 131486 514 ARCTIC GLACIER INC Misc Non-Taxable Prairie Village Liquor Store 131487 6,155 BELLBOY CORPORATION Wine Imported Prairie Village Liquor Store 131488 86 CAT&FIDDLE BEVERAGE Wine Domestic f 4- J Den Road Liquor Store Check 4 Amount Vendor/Explanation Account Description Business Unit 131489 12,460 DAY DISTRIBUTING Beer Prairie Village Liquor Store 131490 700 EAGLE WINE COMPANY Wine Imported Den Road Liquor Store 131491 15,018 EAST SIDE BEVERAGE COMPANY Beer Prairie Village Liquor Store 131492 620 GRAPE BEGINNINGS Wine Domestic Den Road Liquor Store 131493 18,077 GRIGGS COOPER&CO Transportation Den Road Liquor Store 131494 1,187 HOHENSTEINS INC Beer Den Road Liquor Store 131496 12,627 JOHNSON BROTHERS LIQUOR CO Other Revenue Den Road Liquor Store 131498 22,877 MARK VII Misc Non-Taxable Prairie Village Liquor Store 131499 833 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store 131500 88 MORAN USA,LLC Operating Supplies Den Road Liquor Store 131501 2,470 PAUSTIS&SONS COMPANY Wine Imported Prairie View Liquor Store 131502 6,947 PHILLIPS WINE AND SPIRITS INC Transportation Prairie Village Liquor Store 131503 316 PINNACLE DISTRIBUTING Misc Taxable Prairie Village Liquor Store 131504 2,965 PRIOR WINE COMPANY Wine Domestic Prairie Village Liquor Store 131505 15,182 QUALITY WINE&SPIRITS CO Liquor Prairie View Liquor Store 131506 15,687 THORPE DISTRIBUTING Beer Den Road Liquor Store 131507 83 VINTAGE ONE WINES INC Wine Domestic Prairie Village Liquor Store 131508 1,186 WINE COMPANY,THE Wine Domestic Prairie Village Liquor Store 131509 286 WINE MERCHANTS INC Wine Domestic Den Road Liquor Store 131510 1,492 WORLD CLASS WINES INC Wine Domestic Den Road Liquor Store 131511 84 ALBERTSON,KELSEY Other Contracted Services Teen Work Program 131512 49 ANDING,SCOTT Other Contracted Services Teen Work Program 131513 360 BECKER ARENA PRODUCTS INC Repair&Maint.Supplies Ice Arena 131514 58 BELLUS,MATT Other Contracted Services Teen Work Program 131515 58 BUCK,SAM Other Contracted Services Teen Work Program 131516 150 CALHOUN ISLES COMMUNITY BAND Other Contracted Services Staring Lake Concert 131517 552 CHAGRIN VALLEY AUTO PARTS Operating Supplies Fire 131518 35 DALHOFF,BILL Equipment Repair&Maint Senior Center Operations 131519 345 DEPARTMENT OF HUMAN SERVICES Other Contracted Services Park Maintenance 131521 146 FRITZ,RONALD Instructor Service Fall Skill Development 131522 1,025 GAME WORLD Other Rentals July 4th Celebration 131523 85 GE CAPITAL Other Rentals General 131524 71 GIFFIN,BLAKE Other Contracted Services Teen Work Program 131525 75 GLEDHILL,JENNIFER Other Contracted Services Teen Work Program 131526 163 GLENROSE FLORAL AND GIFT SHOPS Deposits Escrow 131527 80 GOODWIN,MATTHEW Other Contracted Services Teen Work Program 131528 44 GORDON,LIZZY Other Contracted Services Teen Work Program 131529 336 GREATAMERICA LEASING CORP. Other Rentals General 131530 854 HAMLINE UNIVERSITY Conference Expense City Council 131531 61 HANSON,NOEL P Other Contracted Services Teen Work Program 131532 1,000 I-IEMKER WILDLIFE PARK Other Contracted Services July 4th Celebration 131533 50 HOFFMAN,MICHELLE Program Fee Afternoon Playground 131534 1,134 HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies General Facilities 131535 545 HOOGENAKKER,KATHLEEN Tuition Reimbursement/School Finance 131536 56 IND SCHOOL DIST 272 Printing Special Initiatives 131537 500 KEISKI,DAVID Other Contracted Services Staring Lake Concert 131538 500 KEISKI,DAVID Other Contracted Services July 4th Celebration 131539 90 KUKLA,MARY ANN Events/Admission Fee Therapeutic Rec Administration 131540 2,175 LEAGUE MN CITIES INS TRUST Workers Comp Insurance Risk Management 131541 75 MANOS,KATHLEEN Program Fee Afternoon Playground 131542 49 MCNULTY,ZACK Other Contracted Services Teen Work Program 131543 625 MERRY BOBB MUSIC INC Other Contracted Services July 4th Celebration 131544 5,768 METRO PRINTING Postage General 131545 1,940 METRO SALES INCORPORATED* Other Rentals General 131546 135 NFPA Dues&Subscriptions Fire 131547 55 O'BRIEN,NOLAN Other Contracted Services Teen Work Program 131548 400 PETTY CASH-SANDY WERTS Petty Cash&Change Funds General Fund 131549 344 PITNEY BOWES INC Other Rentals General 131550 179 QWEST Telephone Forest Hills Park 131551 1,865 REYNOLDS WELDING SUPPLY CO Capital Under$2,000 Sewer System Maintenance 131552 146 RICHARDSON,JIM Instructor Service Fall Skill Development 131553 800 SCHIFFMAN,JIM Other Contracted Services July 4th Celebration 131554 250 STROHMYER,TOM Operating Supplies Staring Lake Concert 131555 40 TELEPHONE ANSWERING CENTER INC Other Contracted Services Water Treatment Plant 131556 6,500 TEMPORARY HEROES INC Other Contracted Services July 4th Celebration 131557 356 VERSATILE VEHICLES INC Other Rentals July 4th Celebration 131558 500 WILLIAMS,MARK DAVID Other Contracted Services July 4th Celebration 131559 542 A P LAWN INC Other Contracted Services Fire Station 41 131560 1,193 A TO Z RENTAL CENTER Repair&Maint Supplies Fire 131561 363 AAA LAMBERTS LANDSCAPE PRODUCT Landscape Materials!Supp qq Water System Maintenance Check# Amount Vendor/Explanation Account Description Business Unit 131562 193 ABM EQUIPMENT AND SUPPLY COMPA Equipment Parts Fleet Services 131563 136 ABRASIVE TECHNOLOGIES INC Contracted Striping Traffic Signs 131564 218 ADOLPHKIEFER Other Contracted Services Risk Management 131565 4,722 ALL SEASONS LANDSCAPE&DESIGN Other Contracted Services Water Treatment Plant 131566 548 AMERICAN RED CROSS Training Supplies Pool Operations 131567 1,589 AMERICAN WATER WORKS ASSOCIATI Training Supplies Water Utility-General 131568 923 ANCHOR PAPER COMPANY Office Supplies General 131569 2,290 ANCHOR PRINTING COMPANY Printing July 4th Celebration 131570 672 ANDERBERG,CRAIG W. Other Contracted Services Softball 131571 309 APPLIANCE OUTLET CENTER Equipment Parts Fleet Services 131572 1,400 AQUA ENGINEERING INC Other Contracted Services Water Treatment Plant 131573 410 ASPEN CARPET CLEANING Building Repair&Maint. Water Treatment Plant 131574 375 AUTO ELECTRIC SPECIALISTS Equipment Repair&Maint Fleet Services 131575 54 BACHMANS CREDIT DEPT Office Supplies Water Treatment Plant 131576 394 BALDWIN SUPPLY COMPANY Repair&Maint.Supplies Park Maintenance 131577 411 BAUER BUILT TIRE AND BATTERY Equipment Parts Fleet Services 131578 1,052 BENIEK PROPERTY SERVICES INC. Building Repair&Maint. Fire Station#5 131579 176 BERTELSON OFFICE PLUS Office Supplies Water Utility-General 131580 115 BLOOMINGTON SECURITY SOLUTIONS Building Repair&Maint. Fire Station#3 131581 2,341 BLOOMINGTON,CITY OF Other Contracted Services Animal Control 131582 300 BOBS LAWN&LANDSCAPING,INC Other Contracted Services Improvement Projects 1996 131583 711 BRAUN INTERTEC CORPORATION Design&Engineering Improvement Projects 1996 131584 3,975 BRIN NORTHWESTERN GLASS COMPAN Building Repair&Maint. Prairie View Liquor Store 131585 1,775 BRISSMAN-KENNEDY Cleaning Supplies Maintenance 131586 11,968 BROCK WHITE CO Seal Coating Street Maintenance 131587 1,095 BROWN,PAUL Other Contracted Services Park Facilities 131588 806 BRYAN ROCK PRODUCTS INC Gravel Storm Drainage 131589 3,666 CEMSTONE PRODUCTS COMPANY Repair&Maint.Supplies Storm Drainage 131590 26 CENTERPOINT ENERGY Gas Crestwood Park 131591 80 CITI-CARGO&STORAGE CO,INC Other Contracted Services Summer Theatre 131592 750 CLAREYS INC Operating Supplies Fire 131593 208 CONSTRUCTION MATERIALS INC Repair&Maint.Supplies Storm Drainage 131594 1,244 CORPORATE EXPRESS Office Supplies General 131595 7,041 CUTLER-MAGNER COMPANY Chemicals Water Treatment Plant 131596 20,338 CY'S UNIFORMS Clothing&Uniforms Fire 131597 131 D'AMICO AND SONS Operating Supplies Fire 131598 162 DALCO ROOFING&SHEET METAL IN Building Repair&Maint. Water Treatment Plant 131599 128 DALE GREEN COMPANY,THE Landscape Materials/Supp Street Maintenance 131600 73 DEALER AUTOMOTIVE SERVICES INC Equipment Repair&Maint Fleet Services 131601 1,658 DECORATIVE DESIGNS INC Other Contracted Services City Center Operations 131602 236 DELEGARD TOOL CO Equipment Parts Fleet Services 131603 9,671 DELL Other Hardware Capital Impr./Maint.Fund 131604 350 DIETHELM,GARY Other Contracted Services Pleasant Hill Cemetary 131605 260 DISPLAY SALES Repair&Maint.Supplies City Center Operations 131607 38,483 DIVERSE BUILDING MAINTENANCE Other Contracted Services City Center Operations 131608 1,055 DNR SCREEN PRINTING INC Clothing&Uniforms July 4th Celebration 131609 262 DOHERTY,SANDRA L Other Contracted Services Volleyball 131610 958 DUSTCOATING INC Roads-Dust Control Gravel Roads Dust Control 131611 3,400 EAGLEBROOK INC Chemicals Water Treatment Plant 131612 2,107 EARL F ANDERSEN INC Signs Traffic Signs 131613 1,408 ECOLAB INC Building Repair&Maint. City Hall-CAM 131614 831 EF JOHNSON Equipment Repair&Maint Wireless Communication 131615 85 EGAN OIL COMPANY Lubricants&Additives Fleet Services 131616 2,368 EMERGENCY APPARATUS MAINTENANC Equipment Repair&Maint Fire 131617 49 ENGINEERED ICE SYSTEMS Repair&Maint.Supplies Ice Arena 131618 1,097 ESCH CONSTRUCTION SUPPLY INC Repair&Maint.Supplies Storm Drainage 131619 17,770 ESS BROTHERS&SONS INC* Repair&Maint.Supplies Sewer System Maintenance 131620 347 FANFARE PROMOTIONS INC Clothing&Uniforms Inspections-Administration 131621 356 FASTENAL COMPANY Improvements to Land Capital Impr./Maint.Fund 131622 118 FERRELLGAS Motor Fuels Ice Arena 131623 58 FIKES HYGIENE SERVICES Operating Supplies Prairie View Liquor Store 131624 432 FINLEY BROS INC Other Contracted Services Park Maintenance 131625 321 FISK,APRIL Other Contracted Services Volleyball 131626 562 FLYING CLOUD T/S#U70 Waste Disposal Park Maintenance 131627 646 FORESTRY SUPPLIERS INC. Operating Supplies Tree Disease 131628 401 *FRONTIER PRECISION INC Repair&Maint.Supplies Water System Maintenance 131629 1,039 G&K SERVICES-MPLS INDUSTRIAL Other Rentals Park Maintenance 131630 158 GALLS INC Clothing&Uniforms Fire 131631 2,273 GARTNER REFRIGERATION&MFG IN Equipment Repair&Maint Ice Arena 131632 1,528 GEOMATRIXCONSULTANTS INC Other Contracted Services 1 i L) WAFTA Check# Amount Vendor/Explanation Account Description Business Unit 131633 3,108 GERTENS Landscape Materials/Supp Park Maintenance 131634 8,550 GOODPOINTE TECHNOLOGY CORPORAT Design&Engineering CIP Pavement Management 131635 1,346 GRAFIX SHOPPE Capital Under$2,000 Fleet Services 131636 290 GRAINGER Small Tools General Facilities 131637 9,175 HAMLINE UNIVERSITY GRADUATE SC Other Contracted Services Recycle Rebate 131638 36,564 HANSEN THORP PELLINEN OLSON Other Contracted Services Storm Drainage 131639 12,963 HARTLAND FUEL PRODUCTS LLC Motor Fuels Fleet Services 131640 2,290 HAWKINS WATER TREATMENT GROUP Chemicals Water Treatment Plant 131641 308 HENNEPIN TECHNICAL COLLEGE Tuition Reimbursement/School Fire 131642 126 HENNEPIN TECHNICAL COLLEGE Training Supplies Fire 131643 336 HENRY,PAUL Other Contracted Services Softball 131644 504 HINRICHS,KEITH Other Contracted Services Softball 131645 1,112 HIRSHFIELDS PAINT MANUFACTURIN Operating Supplies Park Maintenance 131646 189 HOLMES,TOM Other Contracted Services Softball 131647 1,220 INDUSTRIAL NETWORK SYSTEMS Software Water Treatment Plant 131648 768 INSIGHT PUBLIC SECTOR Miscellaneous Information Technology 131649 81 INTEREUM INC Capital Under$2,000 Furniture 131650 98 J H LARSON ELECTRICAL COMPANY Repair&Maint.Supplies Fire Station#1 131651 462 J J KELLER&ASSOCIATES INC Training Supplies Water Treatment Plant 131652 64 JAMAR TECHNOLOGIES INC Equipment Repair&Maint Fleet Services 131653 1,718 JANEX INC Cleaning Supplies General Facilities 131654 43 JEFFERSON FIRE&SAFETY INC Operating Supplies Fire 131655 877 JOI-INSON CONTROLS Equipment Repair&Maint Water Treatment Plant 131656 360 JOHNSON,KAMARA Other Contracted Services Park Facilities 131657 10 JW PEPPER&SON INC Operating Supplies Community Band 131658 315 KNUTSON,BRAD Other Contracted Services Softball 131659 137 KRAEMERS IIARDWARE INC Repair&Maint.Supplies Water Treatment Plant 131660 21 KRAUSE,MICK Other Contracted Services Softball 131661 699 KROLL ONTRACK Software Information Technology 131662 374 LAMETTRYS COLLISION Equipment Repair&Maint Fleet Services 131663 90 LANDEY'S CAMPING CENTER Equipment Parts Fleet Services 131664 1,439 LANDS END CORPORATE SALES Clothing&Uniforms Police 131665 1,069 LANO EQUIPMENT INC Equipment Parts Fleet Services 131666 220 LAW ENFORCEMENT TARGETS,INC Training Supplies Police 131667 135 LEON DUDA PLUMBING Other Contracted Services Water Meter Repair 131668 576 MACQUEEN EQUIPMENT INC Equipment Parts Fleet Services 131669 1,292 MAXI-PRINT INC Other Contracted Services Engineering 131670 391 MEDIA PARTNERS CORP Training Supplies In Service Training 131673 2,288 MENARDS Landscape Materials/Supp Capital Impr./Maint.Fund 131674 1,864 METALS JOINING LAB CO INC Repair&Maint.Supplies Water System Maintenance 131675 209 METRO ATHLETIC SUPPLY Operating Supplies Park Maintenance 131676 256 METRO BRUSH&SUPPLY Repair&Maint.Supplies Maintenance 131677 7,606 METRO CONCRETE RAISING INC Mudjacking Curbs Drainage 131678 1,081 METROPOLITAN FORD Equipment Parts Fleet Services 131679 7,046 METROPOLITAN MECHANICAL Repair&Maint.Supplies Pool Maintenance 131680 817 MG INDUSTRIES Chemicals Water Treatment Plant 131681 3,721 MIDWEST ASPHALT CORPORATION Patching Asphalt Street Maintenance 131682 26,997 MIDWEST PLAYSCAPES Other Assets Capital Impr./Maint.Fund 131683 104 MIDWEST SIGN&SCREEN PRINTING Operating Supplies Fire 131684 41 MINNESOTA CHIEFS OF POLICE ASS Printing Police 131685 3,206 MINNESOTA HIGHWAY SAFETY&RES Tuition Reimbursement/School Police 131686 272 MINNESOTA ROADWAYS CO Patching Asphalt Street Maintenance 131687 261 MINNESOTA TROPHIES&GIFTS Operating Supplies Fire 131688 123 MINNETONKA GLASS&MIRROR Repair&Maint.Supplies Maintenance 131689 237 MOTOROLA Equipment Repair&Maint Wireless Communication 131690 580 MTI DISTRIBUTING INC Equipment Parts Fleet Services 131691 213 NATIONAL WATERWORKS Repair&Maint.Supplies Water System Maintenance 131692 587 NATURAL REFLECTIONS VII LLC Equipment Parts Water Treatment Plant 131693 121 NOKOMIS SHOE SHOP Clothing&Uniforms Sewer Utility-General 131694 1,046 NORTHERN SAFETY TECHNOLOGY INC Equipment Parts Fleet Services 131695 1,717 NORTHLAND BUSINESS SYSTEMS Software Maintenance Information Technology 131696 320 OLSEN COMPANIES Operating Supplies Street Maintenance 131697 541 OSI BATTERIES INC Equipment Parts Fleet Services 131698 184 PAGING&WIRELESS SERVICE CENT Equipment Repair&Maint Wireless Communication 131699 28,181 PARROTT CONTRACTING INC Repair&Maint.Supplies Storm Drainage 131700 750 PAUTZ,ROGER Other Contracted Services Summer Skill Development 131701 6,389 PCS TECHNOLOGIES INC Miscellaneous Information Technology 131702 8,687 PERNSTEINER CREATIVE GROUP INC Other Contracted Services Communication Services 131703 58 PIONEER RIM&WHEEL CO Equipment Parts Fleet Services 131704 1,800 PLEHAL BLACKTOPPING INC Other Contracted Services / ) j Water System Maintenance J 1 Check# Amount Vendor/Explanation Account Description Business Unit 131705 7,692 PRAIRIE ELECTRIC COMPANY Building Repair&Maint. CDBG Fund 131706 345 PRAIRIE LAWN AND GARDEN Repair&Maint.Supplies Water Treatment Plant 131707 85 PRINTERS SERVICE INC Repair&Maint.Supplies Ice Arena 131708 984 RAY,LEE Other Contracted Services Softball 131709 149 REED BUSINESS INFORMATION Legal Notices Publishing Construction Fund 131710 249 RIGID HITCH INCORPORATED Equipment Parts Fleet Services 131711 24,271 RMR SYSTEMS INC Other Contracted Services Utility Improvement Fund 131712 700 RUFFRIDGE JOHNSON EQUIPMENT CO Design&Engineering Improvement Projects 1996 131713 150 SCRAP METAL PROCESSORS INC Equipment Repair&Maint Fleet Services 131714 843 SHORT ELLIOTT HENDRICKSON INC Design&Engineering Improvement Projects 1996 131715 298 SIMPLEXGRINNELL LP Equipment Parts Maintenance 131716 227 SNAP-ON TOOLS Small Tools Fleet Services 131717 690 SNELL MECHANICAL INC Equipment Repair&Maint Maintenance 131718 954 SOUTHWEST SUBURBAN PUBLISHING- Employment Advertising Human Resources 131719 43,044 SPS COMPANIES Design&Engineering Construction Fund 131720 12,068 SRF CONSULTING GROUP INC Improvements to Land Construction Fund 131721 426 ST JOSEPH EQUIPMENT INC Equipment Repair&Maint Fleet Services 131722 133 STANDARD SPRING Equipment Parts Fleet Services 131723 14 STERICYCLE INC Operating Supplies Police 131724 75 STEWART-HESTER,RENEE Other Contracted Services Recreation Administration 131726 9,241 STREICHERS Protective Clothing Police 131727 1,080 SUBURBAN CHEVROLET Equipment Repair&Maint Fleet Services 131728 59 SUBURBAN PROPANE Equipment Repair&Maint Fleet Services 131729 1,256 SUBURBAN TIRE WHOLESALE INC Tires Fleet Services 131730 1,307 SUN NEWSPAPERS Legal Notices Publishing City Clerk 131731 435 SWEDLUNDS Waste Disposal Outdoor Center 131732 1,566 SYSTEM CONTROL SERVICES Equipment Parts Sewer Liftstation 131733 1,421 TESSMAN SEED CO Chemicals Park Maintenance 131734 255 THREE RIVERS PARK DISTRICT Other Contracted Services Environmental Education 131735 3,084 THYSSENKRUPP ELEVATOR Equipment Repair&Maint Maintenance 131736 31 TOWN AND COUNTRY DODGE Equipment Parts Fleet Services 131737 531 TRANSPORT GRAPHICS Operating Supplies Fire 131738 530 TRI STATE BOBCAT INC. Equipment Parts Fleet Services 131739 333 TWIN CITY FILTER SERVICE INC Repair&Maint.Supplies Water Treatment Plant 131740 316 TWIN CITY OXYGEN CO Repair&Maint.Supplies Water System Maintenance 131741 1,346 U S LAWNS OF TWIN CITIES Other Contracted Services Park Maintenance 131742 288 UNIFORMS UNLIMITED Clothing&Uniforms Fire 131743 10,078 UNITED LABORATORIES Contracted Striping Traffic Signs 131744 9,187 UNITED RENTALS HIGHWAY TECI-INOL Contracted Striping Traffic Signs 131745 406 UNLIMITED SUPPLIES INC Equipment Parts Fleet Services 131746 247 VWR INTERNATIONAL INC Operating Supplies Water Treatment Plant 131747 947 WATER SPECIALTY OF MN INC Repair&Maint.Supplies Pool Maintenance 131748 183 WEST WELD Small Tools Fleet Services 131749 120 WOLF CAMERA Video&Photo Supplies Assessing 131750 2,042 WORK CONNECTION-SPARK Other Contracted Services Park Maintenance 131751 222 WUOLLET BAKERY INC Operating Supplies Fire 131752 6,680 YALE MECHANICAL INC Building Repair&Maint. Sewer System Maintenance 131753 224 ZEBRA TECHNOLOGIES INTERNATION Equipment Repair&Maint Information Technology 131754 49 ZEE MEDICAL SERVICE Office Supplies General 131755 1,325 ZIEBART OF MINNESOTA INC Capital Under$2,000 Fleet Services 131756 315 ZOELLNER,MARK Other Contracted Services Softball 2,582,295 Grand Total CITY COUNCIL AGENDA DATE: 07/06/04 SECTION: Ordinances &Resolutions DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Office of the City Manager First Reading of an Ordinance to Amend City Michael Barone, Assistant to the Code Section 2.05 relating to Salaries of the City Manager Mayor and Council Members Requested Action Move to: Approve the First Reading of an Ordinance amending City Code Chapter 2 by amending Section 2.05 relating to salaries of the Mayor and Council Members; and adopting by reference City Code Chapter 1 and Section 2.99 which, among other things, contain penalty provisions. Synopsis Attached is the ordinance seeking to amend City Code Section 2.05, Subd. 1,related to increasing the monthly salary of the Mayor;to amend City Code Section 2.05, Subd. 2,related to increasing the monthly salary of each Council Member; and to amend City Code Section 2.05, Subd. 3, Subpart A so the Mayor and each Council Member shall be paid $35.00 a day for attending special meetings of the Council and other meetings involving City business regardless of the length or number of meetings attended that day, all effective after December 31, 2004. City Manager Scott Neal had Assistant to the City Manager Michael Barone research how Eden Prairie's elected officials compare in their compensation to other cities,utilizing primarily the Municipal Legislative Commission(MLC)cities as a comparison. The research showed that the pay for the Mayor and Council Members is in the lower half of surveyed cities for pay. It has been 12 years since the salaries for the Mayor and Council Members have been increased in Eden Prairie, and just this once in the past 18 years. The meeting pay adjustment is being made to simplify the bookkeeping process for this pay, keeping intact the activities that qualify for payment. This section of the ordinance was originally adopted by the City Council on October 29, 1992, effective January 1, 1993, Attachment Ordinance �3 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. -2004 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AMENDING CITY CODE CHAPTER 2 BY AMENDING SECTION 2.05 RELATING TO SALARIES OF THE MAYOR AND COUNCIL MEMBERS; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. City Code Section 2.05, Subd. 1, is amended to read as follows: The monthly salary of the Mayor shall be$600.00 until December 31,2004 and shall be$808.33 thereafter. Section 2. City Code Section 2.05, Subd. 2, is amended to read as follows: The monthly salary of each Council Member shall be $500.00 until December 31, 2004 and shall be $625.00 thereafter. Section 3. City Code Section 2.05, Subd. 3, Subpart A, is amended to read as follows: Until December 31, 2004, the Mayor and each Council Member shall be paid the following amounts for attending special meetings of the Council and other meetings involving City business: $25.00 for meetings up to two(2)hours duration,$50.00 for meetings over two(2)hours,but not to exceed a maximum amount of$50.00 for any single day.Such activities for which the Mayor and Council Members may qualify to be paid are limited to service as a representative of the City: 1. At meetings of boards,committees,commissions,or other entities of the City,or of which the City is a member, and which do not compensate attendees; 2. For appearances related to litigation; 3. For appearances to testify at the proceedings of other units of government; 4. For out-of-town travel directly related to City business; 5. For Council assignments to participate in scheduled meetings in support of City business Each such person shall also be reimbursed for reasonable expenses incurred while attending to business of the City. Section 4. City Code Section 2.05, Subd. 3, Subpart B, is amended to read as follows: After December 31,2004,the Mayor and each Council Member shall be paid$35.00 a day for attending special meetings of the Council and other meetings involving City business regardless of the length or number of meetings attended that day. Such activities for which the Mayor or Council Members may qualify to be paid are limited to service as a representative of the City: 1. At meetings of boards,committees,commissions,or other entities of the City,or of which the City is a member, and which do not compensate attendees; 2. For appearances related to litigation; 3. For appearances to testify at the proceedings of other units of government; 4. For out-of-town travel directly related to City business; 5. For Council assignments to participate in scheduled meetings in support of City business Each such person shall also be reimbursed for reasonable expenses incurred while attending to business of the City. Section 5. City Code Chapter 1 entitled"General Provisions and Definitions Applicable to the Entire City Code Including Penalties For Violation" and Section 2.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 6. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 6th day of July,2004,and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of , 2004. Kathleen Porta, City Clerk Nancy Tyra-Lukens,Mayor PUBLISHED in the Eden Prairie Sun Current on , 2004. P:\Home\EP\City Code\Ordinancal-Salaries-Section 2.05-062804.doc /05 CITY COUNCIL AGENDA DATE: SECTION: Ordinances and Resolutions July 6,2004 DEPARTMENT: ITEM DESCRIPTION: ITEM NO.: Office of City Manager, First Reading of Ordinance Amending City Code Human Resources Chapter 2 by Adding Section 2.33 relating to i Division/Karen Kurt Obtaining Criminal History Information Requested Action Move to: Approve First Reading of an Ordinance amending City Code Chapter 2 by adding Section 2.33 relating to Obtaining Criminal History Information Synopsis To preserve public safety and trust,the City currently conducts criminal background checks for finalists of selected positions. The criminal background checks are done through the Bureau of Criminal Affairs (BCA). The fee for each background check is $15 and the City spends approximately$4,000 on criminal background checks annually. Our Police Department has access to the BCA's Criminal Justice Information System (CJIS),but cannot conduct employment background checks that are not related to police operations without a city ordinance giving that authority. The proposed ordinance will allow us to conduct background checks internally for all individuals who are finalists for regular city employment and paid-on call firefighters. The ordinance also outlines the conditions under which we would seek background checks for part-time/seasonal employees, volunteers, and contractors. The adoption of the ordinance will streamline the hiring the process, save money, and apply consistent criteria to the use of criminal background checks. CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. -04 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA AMENDING CITY CODE CHAPTER 2 BY ADDING SECTION 2.33 RELATING TO OBTAINING CRIMINAL HISTORY INFORMATION AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 2.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS. The City Council of the City of Eden Prairie,Minnesota, ordains: Section 1. City Code Chapter 2 is amended by adding Section 2.33 to read as follows: Section 2.33 Authority to Obtain Criminal History Information. Subd. 1. Purpose. It may be desirable and useful in certain situations to obtain criminal history information in connection with certain City operations Subd. 2. Authority to Obtain Criminal History Information. A. Discretionary Reviews. The City Manager or the City Manager's designee is authorized and may obtain criminal history information including that which is maintained in electronic form("Criminal History Information")with respect to the following individuals: (1)Individuals who provide services to vulnerable members of society such as children, senior citizens, and developmentally disabled individuals; (2)Individuals have access to monetary payments,public funds or accounts; (3)Individuals have access during the course of work for or on behalf of the City to private homes, non-public areas of City and/or private facilities, or non-public data; and (4)Individuals who supervise individuals identified in Subd. 2. A. (1), (2) or(3). B. Mandatory Reviews. The City Manager or the City Manager's designee is authorized and shall obtain Criminal History Information with respect to finalists for regular, full-time or part-time employment and paid on-call fire fighter positions with the City. /a� Subd. 3 Consent of Subject Required Criminal History Information may be obtained only with the written consent of the person whose Criminal History Information is sought to be obtained. If the individual refuses to consent, such individual will be disqualified from work or service with the City. Subd. 4 Compliance with the Minnesota Criminal Rehabilitation Act, Minnesota Statutes §§364.01-364.10. The use of Criminal History Information History Information shall be subject to the provisions of Minnesota Statutes §§ 364.01-364.10. Section 2. City Code Chapter 1 entitled"General Provisions and Definitions Applicable to the Entire City Code including Penalty for Violation"and Section 2.99 entitled "Violation a Misdemeanor"are hereby adopted in their entirety by reference as though repeated verbatim herein. Section 3. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the day of ,2004, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of , 2004. City Clerk Mayor PUBLISHED in the Eden Prairie News on the day of , 2004. EP\Ordinanc\Criminal and DL History-1-060704 10e CITY COUNCIL AGENDA DATE: • July 6,2004 SECTION: Report of the City Manager DEPARTMENT: ITEM DESCRIPTION: ITEM NO.: Award of Bid for Demolition of Rink 1 floor Facilities,Paul Sticha =. ' 13 Requested Action Move to: Award Demolition contract for the removal of Rink 1 floor at EPCC to Minneapolis Sawing and Drilling for$39,655. Synopsis The Facilities Dept. advertised for Sealed Bids for the above project June 24, 2004 in the Eden Prairie Sun Current. Bids were opened at 10:00 a.m. on July 6 in the Council Chambers. We received two bids—one from Minneapolis Concrete Sawing and Drilling for $39,655 and the second from Penhall Company for$69,135. Staff requests that the Council award the Bid to Minneapolis Concrete Sawing and Drilling. Background Information The floor in Rink 1 is in need of replacement of all its components. This process would have been completed with the passing of the referendum and with other funds. The floor is in total disrepair with Freon leaks throughout and the floor frost control system losing all its Glycol to the ground below. Replacement is the only recourse for Rink 1. �1► 40110.1. STEVENS ENGINEERS .July 6,2004 ''y or Nancy Tyra-Lukens and City Council Members of Eden Prairie 3030 Mitchell Road Eden Prairie, MN 55344-2230 • E: Ice Rink Floor Demolition Project-Hid Results Our File No. 6012 Dear Mayor Tyra-Lukens and Council Members: On Monday, July 6, 2004 bids were received for the demolition of the ice rink floor at the Eden Pr?frie Community Center. The low bid was$39,655.00 submitted by Minneapolis Concrete Sawing ^;id Drilling, Inc.located in Brooklyn Park,Minnesota. The table below lists the bids received from ail contractors and the engineer's estimate. • Bidder Lump Sum Bid Minneapolis Concrete Sawing and Drilling $39,655.00 anhall Co_ $69,135.00 i ingineer's Estimate $57,050.00 The spread between the two bids likely indicate the difference in experience in removing direct {frigeration ice rink floors,concrete disposal methods,and work load, One other contractor picked plans and specifications for this project but did not submit a bid. We had a telephone conversation with Minneapolis Concrete Sawing and Drilling to discuss their bid and the scope of the project They feel comfortable with the bid they submitted and can successfully complete the project in the scheduled timeframe. We recommend the project be awarded to the low bidder Minneapolis Concrete Sawing and Drilling. The selected contractor is required to submit a performance and payment bond in the total amount of the bid within 10 days after the award of the contract or prior to starting work. We will send out construction contracts to the contractor tomorrow. Work on this project is scheduled to begin on .a ulv 12,2004 and completed by July 23,2004. If you have any questions after reviewing this letter ^z^sse feel free to call us at 651.436.2075. Yours very truly, STEVENS ENGINEERS, INC. ca:.t A. Ward, P.E. L: Paul Sticha-City of Eden Prairie Michael Sheggeby-City of Eden Prairie 1656 Livingstone Road • Hudson, WI 54016 715-386-5819-651-436 2075. 800-822-7670•fax:715-386-5879•www.stevensengineers_con CITY COUNCIL AGENDA DATE: SECTION: Reports of the City Manager July 6,2004 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Office of the City Manager Resolution Urging Hennepin County Board of Scott H.Neal Commissioners to Enact a County-Wide Smoke- Free Ordinance Prohibiting Smoking in Places of `J , Employment and Restaurants Requested Action Move to: Adopt Resolution urging Hennepin County Board of Commissioners to enact a county-wide smoke-free Ordinance prohibiting smoking in places of employment and restaurants. Synopsis This resolution was drafted and placed on this City Council agenda at the request of Mayor Tyra- Lukens. This resolution is a modification of Resolution#2002-173 adopted by the City Council on October 15, 2002. Resolution#2002-173 was adopted by the Council as part of its closure of discussion of a proposal to ban smoking in the City's public places and places of employment. Resolution#2002-173 was intended as a statement of advocacy from the City Council to the Minnesota State Legislature to address the issue of public smoking at the state government level. This resolution modifies Resolution#2002-173 by replacing the redirecting the same advocacy to the Hennepin County Board of Commissioners. This resolution asks the Hennepin County Board of Commissions to address the issue of public smoking and to establish a County-wide ordinance that would limit or eliminate smoking in public places and places of employment in Hennepin County. Attachments Proposed Resolution to Hennepin County Resolution 2002-173 to State of Minnesota CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2004- RESOLUTION SUPPORTING,ADVOCATING AND URGING THE HENNEPIN COUNTY BOARD OF COMMISSIONERS TO ENACT A COUNTY-WIDE SMOKE FREE ORDINANCE PROHIBITING SMOKING IN PLACES OF EMPLOYMENT AND RESTAURANTS BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota (the "City"), as follows: WHEREAS The Eden Prairie City Council does hereby find that: (1) Numerous studies have found that tobacco smoke is a major contributor to indoor air pollution, and that breathing secondhand smoke (also known as environmental tobacco smoke)is a cause of disease in healthy nonsmokers, including heart disease, stroke,respiratory disease, and lung cancer. The U.S. Surgeon General has determined that secondhand smoke is responsible for the early deaths of 65,000 Americans annually. (2) The Public Health Service's National Toxicology Program has listed secondhand smoke as a known carcinogen(U.S. DHHS, 2000, citing Cal. EPA, 1997). (3) Secondhand smoke is particularly hazardous to elderly people, individuals with cardiovascular disease, and individuals with impaired respiratory function, including asthmatics and those with obstructive airway disease. Children exposed to secondhand smoke have an increased risk of asthma, respiratory infections, sudden infant death syndrome, developmental abnormalities, and cancer. (4) The Americans With Disabilities Act,which requires that disabled persons have access to public places and workplaces, deems impaired respiratory function to be a disability. (5) The U.S. Surgeon General has determined that the simple separation of smokers and nonsmokers within the same air space may reduce,but does not eliminate,the exposure of nonsmokers to secondhand smoke. The Environmental Protection Agency has determined that secondhand smoke cannot be reduced to safe levels in businesses by high rates of ventilation. Air cleaners,which are only capable of filtering the particulate matter and odors in smoke, do not eliminate the known toxins in secondhand smoke. (6) A significant amount of secondhand smoke exposure occurs in the workplace. Employees who work in smoke-filled businesses suffer a 25- 50%higher risk of heart attack and higher rates of death from cardiovascular disease and cancer, as well as increased acute respiratory disease and measurable decrease in lung function. (7) Smoke-filled workplaces result in higher worker absenteeism due to respiratory disease,lower productivity,higher cleaning and maintenance costs, increased health insurance rates, and increased liability claims for diseases related to exposure to secondhand smoke. (8) Smoking is a potential cause of fires. WHEREAS, Eden Prairie residents and business community are concerned that the enactment of a local ordinance prohibiting smoking in places of employment and restaurants will have a negative effect on the community's businesses because businesses in adjacent communities will not be subject to the same regulation; and WHEREAS, the Eden Prairie City Council has heard from many residents and businesses that a county-wide smoke free ordinance is more appropriate than a local ordinance so as to not place at a disadvantage the businesses of this or any other individual community; and WHEREAS the City deems it prudent,reasonable and necessary to support, advocate and urge the passage of a county-wide ordinance(1)to protect the public health and welfare by prohibiting smoking in public places and places of employment; and(2)to guarantee the right of nonsmokers to breathe smoke free air, and to recognize that the need to breathe smoke free air shall have priority over the desire to smoke. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF EDEN PRAIRIE, MINNESOTA THAT: The City Council hereby supports, advocates and urges the Hennepin County Board of Commissioners enact an ordinance establishing all places of employment and restaurants in Hennepin County as smoke free. ADOPTED by the City Council this 6th day of July 2004. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen Porta, City Clerk Cl* CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2002-173 RESOLUTION SUPPORTING,ADVOCATING AND URGING THE M NNEOSTA STATE LEGISLATURE TO ENACT A STATE WIDE SMOKE FREE LAW PROHIBITING SMOKING IN PLACES OF EMPLOYMENT AND RESTAURANTS BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota (the "City"), as follows: WHEREAS The Eden Prairie City Council does hereby find that: (1) Numerous studies have found that tobacco smoke is a major contributor to indoor air pollution, and that breathing secondhand smoke(also known as environmental tobacco smoke)is a cause of disease in healthy nonsmokers,including heart disease,stroke,respiratory disease,and lung cancer. The U.S. Surgeon General has determined that secondhand smoke is responsible for the early deaths of 65,000 Americans annually. (2) The Public Health Service's National Toxicology Program has listed secondhand smoke as a known carcinogen(U.S.DHHS, 2000, citing Cal. EPA, 1997). (3) Secondhand smoke is particularly hazardous to elderly people,individuals with cardiovascular disease, and individuals with impaired respiratory function,including asthmatics and those with obstructive airway disease. Children exposed to secondhand smoke have an increased risk of asthma, respiratory infections, sudden infant death syndrome, developmental abnormalities,and cancer. (4) The Americans With Disabilities Act,which requires that disabled persons have access to public places and workplaces, deems impaired respiratory function to be a disability. (5) The U.S. Surgeon General has determined that the simple separation of' smokers and nonsmokers within the same air space may reduce,but does not eliminate,the exposure of nonsmokers to secondhand smoke. The Environmental Protection Agency has determined that secondhand smoke cannot be reduced to safe levels in businesses by high rates of ventilation. Air cleaners,which are only capable of filtering the particulate matter and odors in smoke,do not eliminate the blown toxins in secondhand smoke. /r3 PY (6) A significant amount of secondhand smoke exposure occurs in the workplace. Employees who work in smoke-filled businesses suffer a 25- 50%higher risk of heart attack and higher rates of death from cardiovascular disease and cancer,as well as increased acute respiratory disease and measurable decrease in lung function. (7) Smoke-filled workplaces result in higher worker absenteeism due to respiratory disease,lower productivity,higher cleaning and maintenance costs, increased health insurance rates,and increased liability claims for diseases related to exposure to secondhand smoke. (8) Smoking is a potential cause of fires. WHEREAS, Eden Prairie residents and business community are concerned that the enactment of a local ordinance prohibiting smoking in places of employment and restaurants will have a negative effect on the community's businesses because businesses in adjacent communities will not be subject to the same regulation; WHEREAS, the Eden Prairie City Council has heard from many residents and businesses that a state wide smoke free law is more appropriate than a local ordinance so as to not place at a disadvantage the businesses of this or any other individual community; and WHEREAS the City deems it prudent,reasonable and necessary to support,advocate and urge the passage of state wide legislation(1)to protect the public health and welfare by prohibiting smoking in public places and places of employment;and(2)to guarantee the right of nonsmokers to breathe smoke free air, and to recognize that the need to breathe smoke free air shall have priority over the desire to smoke. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF EDEN PRAIRIE, MINNESOTA THAT: The City Council hereby supports, advocates and urges the Minnesota State Legislature to enact during the 2003 Legislative Session a law establishing all Minnesota places of employment and restaurants as smoke free. ADOPTED by the City Council this 15thday of October,2002. angTyra- tens,aVi or ATTEST: Ira een Porta, City Clerk - ll�f From: Pat MulQueeny[mailto:pat.mulqueeny@epchamber.org] Sent:Tuesday, July 06, 2004 2:12 PM To: Scott Neal Cc: GRP-AllCouncil Subject: RE: Resolution Scott, I have read the resolution that the Eden Prairie City Council is looking to pass this evening asking the County to pass a County-wide smoking ban. The Chamber views this action as unnecessary and would question why the city would take such action without having additional open dialogue with the businesses affected. As you know, the Chamber held numerous meetings with not only restaurant owner/managers, but heard from major employers in Eden Prairie who were against a ban. There first choice was not to have a ban and the second choice most often stated was to do this state-wide. We did not hear any of the businesses that were concerned with the ban state they wanted a county-wide ban. As the Chamber stated in its resolution to the City Council on September 12, 2002, "..the Eden Prairie Chamber does not support unduly burdensome governmental regulations, which may negatively impact our member businesses." Our members told us their concerns with a smoking ban at that time, and these same issues would pertain to a county-wide ban. Simply put, Eden Prairie businesses compete with the neighboring border counties of Scott and Carver. The cities of Shakopee, Chanhassen and Chaska not only have restaurant/bars that compete with Eden Prairie, but very large industrial parks that are home to major manufacturers. These industrial parks may recruit employees and employers away from Eden Prairie. As our economy continues to grow, putting in place a government regulation that allows businesses in these surrounding communities the opportunity to openly attract both consumers and employees away from our businesses doesn't make sense. Especially as the city is finalizing its voluntary Clean Indoor Air program. As you may recall some of our very largest employers were against the city's efforts in the original smoking ban debate because of these same reasons. Have these employers, or others, been contacted to allow them the opportunity to speak on this matter? Our recommendation is that the city postpone action this evening and take the time to gather feedback from the businesses here on this issue. Once this is done, the city will be able to base its decisions on having everyone's view points. The Chamber would be happy to help coordinate these meetings with the business community. Please let me know how the Chamber can be of assistance. Also-please print a copy of this for each council member-I copied them via e-mail but do not know how often they check it. Sincerely, Pat MulQueeny, IOM President Eden Prairie Chamber of Commerce 952-944-2830