HomeMy WebLinkAboutCity Council - 07/20/2004EDEN PRAIRIE CITY COUNCIL WORKSHOPE'ORUM
TUESDAY, JULY 20,2004 CITY CENTER
5:OO - 6:25 PM, HERITAGE ROOM I1
6:30 - 7:OO PM, COUNCIL CHAMBER
CITY COUNCIL:
Mayor Nancy Tyra-Lultens, 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, Communications Manager Pat Brink, Assistant to the City Manager
Michael Barone, City Attorney Ric Rosow, and Recorder Lorene McWaters
Heritage Room II
I. LEGISLATIVE UPDATE WITH SENATOR DAVID HANN, REPRESENTATIVE
ERIK PAULSEN, AND REPRESENTATIVE PETER ADOLPHSON
Council Chamber
11. OPEN FORUM
111. OPEN PODIUM
IV. ADJOURNMENT
AGENDA
EDEN PRAIRIE CITY COUNCIL
TUESDAY, JULY 20,2004 7:OO 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
11. PLEDGE OF ALLEGIANCE
111. COUNCIL FORUM INVITATION
IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
V. PRESENTATION BY MET COUNCIL REPRESENTATIVE MARY HILL SMITH @. I)
VI. WALICABLE COMMUNITIES PRESENTATION @. 4)
VII. MINUTES
A. CITY COUNCIL WORKSHOP HELD TUESDAY, JULY 6,2004 lp. 15)
B. CITY COUNCIL MEETING HELD TUESDAY, JULY 6,2004 @. 19)
VIII. CONSENT CALENDAR
A. CLERK’S LICENSE LIST @. 29)
B. APPROVE SECOND READING OF AN ORDINANCE AMENDING CITY CODE
CHAPTER 2 BY ADDING SECTION 2.33 RELATING TO OBTAINING
CRIMINAL HISTORY INFORMATION @. 30)
C. ADOPT RESOLUTION APPROVING FINAL PLAT OF FOUNTAIN PLACE @. 33)
D. ADOPT RESOLUTION APPROVING FINAL PLAT OF EAGLE RIDGE AT
HENNEPIN VILLAGE FOUR lp. 36)
E. ADOPT RESOLUTION APPROVING FINAL PLAT OF WESTGATE OFFICE
PARK (p. 39)
CITY COUNCIL AGENDA
July 20,2004
Page 2
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ADOPT RESOLUTION APPROVING FINAL PLAT OF SOUTHWEST
STATION 3w ADDITION @. 42)
ADOPT RESOLUTION APPROVING FINAL PLAT OF SETTLERS WEST @. 45)
FLYING CLOUD MALL by Kleve Properties, LLC. Request for Rezoning from
Commercial Highway to Neighborhood Commercial on .65 acres and rezoning from 1-2
to Neighborhood Commercial on 2.3 1 acres, Site Plan Review on 2.96 acres. Location:
Pioneer Trail and Highway 212. (Ordinance for Zoning District Change, Resolution
for Site Plan Review) @. 48)
FOUNTAIN PLACE RETAIL by North American Properties. Request for Planned
Unit Development District Review with waivers on 12.8 acres, Zoning District Change
from Rural to Commercial Regional Service on 12.8 acres, Site Plan Review on 12.8
acres. Location: West of T.H.212, east of Columbine Road, south and east of Castlemoor
Drive (Ordinance for PUD District Review and Zoning Change, Resolution for Site
Plan Review) (p. 68)
APPROVE FINAL “CITY OF EDEN PRAIRIE WELLHEAD PROTECTION
PLAN” @. 110)
ADOPT RESOLUTION REQUESTING MNDOT INVESTIGATE SAFETY
IMPROVEMENTS ON TH 212 AT CSAH 1 (p. 111)
APPROVE CHANGE ORDER NO. 3 FOR HILLCREST/ALPINE STREET
RECONSTRUCTION PROJECT (p. 113)
DECLARE OBSOLETE COMPUTER EQUIPMENT AS SURPLUS AND
AUTHORIZE DISPOSAL @. 115)
APPROVE AGREEMENT WITH TELADJUST. INC. FOR AUDIT OF CITY
PHONE RECORDS @. 118)
ADOPT RESOLUTION CHANGING THE AUGUST 3,2004, CITY COUNCIL
MEETING TIME AND LOCATION TO 8:OO PM AT THE CITY OF EDEN
PRAIRIE’S HOUSING AND HUMAN SERVICES OFFICE @. 121)
APPROVE CHANGE ORDER PROPOSAL REQUEST NO. 11 FOR SANITARY
SEWER INSTALLATION AT THE RILEY-JAQUES BARN @. 123)
APPROVE CHANGE ORDER PROPOSAL REQUESTS 6,7,8,9,10. AND 12
FOR CONSTRUCTION CHANGES AT THE RILEY-JAQUES BARN @. 125)
APPROVE PURCHASE OF NEW TELEPHONE HARDWARE AND
SOFTWARE FROM ESCHELON FOR THE CITY’S NEW OFFICE SPACE AT
EDEN PRAIRIE CENTER @. 134)
CITY COUNCIL AGENDA
July 20,2004
Page 3
S. AWARD CONTRACT FOR REPLACEMENT OF ICE RINK 1 AT EDEN
PRAIRIE COMMUNITY CENTER TO COMMERICAL REFRIGERATION
SYSTEMS, INC. (p. 137)
IX. PUBLIC HEARINGS / MEETINGS
A. HARTFORD COMMONS PUD AMENDMENT 2004 by David Bernard Homes:
Request for Planned Unit Development Concept Review on 17.8 acres, Planned Unit
Development District Review and Zoning District Amendment in the RM6.5 District on
6.74 acres, Site Plan Review on 6.74 acres, Preliminary Plat of 6.74 acres into 11 lots.
Location Rolling Ilills Road and Prairie Lakes Drive. (Resolution for PUD Concept
Review, Ordinance for PUD District Review and Zoning Amendment, Resolution
for Preliminary Plat) (p. 141)
B. EDENVALE HIGHLANDS by BC Development, LLC. Request for Zoning District
Change from Rural to R1-13.5 on 10.62 acres. Preliminary Plat of 10.62 acres into 8 lots
and road right-of-way. Location: East terminus of Alpine Trail, south of the Twin Cities
and Western Railroad. (Ordinance for Zoning District Change, Resolution for
Preliminary Plat) (p. 152)
C. HIDDEN PONDS TRAIL AND POND IMPROVEMENTS, I.C. 03-5606
Pesolution) (p. 164)
X. PAYMENT OF CLAIMS (p. 180)
XI. ORDINANCES AND RESOLUTIONS
A. SECOND READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER
2 BY AMENDING SECTION 2.05 RELATING TO SALARIES OF MAYOR AND
COUNCIL MEMBERS @. 190)
XII. PETITIONS, REQUESTS AND COMMUNICATIONS
XIII. REPORTS OF ADVISORY BOARDS & COMMISSIONS
XIV. APPOINTMENTS
XV. REPORTS OF OFFICERS
A. REPORTS OF COUNCILMEMBERS
B. REPORT OF CITY MANAGER
C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR
CITY COUNCIL AGENDA
July 20,2004
Page 4
D. REPORT OF PARKS AND RECREATION DIRECTOR
1. Review of Referendum Survey lp. 193)
E. REPORT OF PUBLIC WORKS DIRECTOR
1. Technical Services Agreement for Hidden Pond Trail and Pond
Improvements, I.C. 03-5606 @. 202)
2. Award Bid for Columbine Road Improvements (Resolution), I.C. 52-130
lp. 209)
F. REPORT OF POLICE CHIEF
G. REPORT OF FIRE CHIEF
H. REPORT OF CITY ATTORNEY
XVI. OTHER BUSINESS
XVII. ADJOURNMENT
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL WORKSHOP/FORUM
TUESDAY, JULY 6,2004 CITY CENTER
5:OO - 6:25 PM, HERITAGE ROOM I1
6:30 - 7:OO 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, Parlts and Recreation Director Bob Lambert, Community Development
Director Janet Jeremiah, City Attorney Ric Rosow, and Recorder Lorene McWaters
Heritage Room 11
I. DOGS AT ATHLETIC FIELDS
Scott Neal provided some background on this discussion topic. After the 2003 fall soccer
season, representatives from the Eden Prairie Soccer Association asked the City for help
in dealing with dogs at Flying Cloud Fields during soccer games. The Parks and
Recreation Commission concluded that dogs should be banned at the Flying Cloud
Fields. Signs notifying the public of the dog ban were posted at the fields in this spring.
The City received a number of calls asking why dogs are not allowed at the fields,
especially when the fields are not in use. Council and staff agreed that further
consideration of the issues was in order.
Parks and Recreation Board members and athletic association representatives were
invited to participate in this discussion. Mayor Tyra-Lukens noted that the minutes from
the Parlts and Recreation Board meeting indicate that the football and baseball
associations do not view dogs as a problem at their fields.
Parks and Recreation Director Bob Lambert explained that the City Code currently states
that dogs must be on leash and owners must clean up after them. He said the major issue
at Flying Cloud Fields is that the soccer fields are so close together that when a dog is
present during a game, people watching the game who do not want to be near the dog
have nowhere to go. The softball and football fields don't have these types of crowding
issues and dogs are consequently not a problem for them.
Ken Bomben, current Director of the Soccer Association, said he was asked to attend the
workshop by Soccer Association President Sandy Payne. He said there are between 14
and 16 soccer fields at Flying Cloud in a relatively small space, with only about 5 yards
between fields. Often during soccer season, there are simultaneous games in progress on
every field. In this setting, even quite well behaved dogs can get quite excited and jump
on people. Bomben said the Soccer Association received an inordinate number of
complaints about dogs last fall, including a number of complaints about dogs breaking
away and getting onto fields during games and dogs jumping at kids and into groups of
kids. The Soccer Association came before the Parks and Rec Board for help in getting
dogs off the fields. He said the association requested an ordinance that would allow them
to ask adults with problem dogs to leave the fields. The Parks and Recreation Board
viewed it as an “all or nothing” situation, and decided to ban dogs from Flying Cloud
Fields at all times.
Councilmember Case said it is difficult to explain to the public why dogs are banned at
all times when the problems occur only during soccer games. He also said it will be
conhsing to people coming from out of town for soccer tournaments. Lambert said it
would be relatively easy to communicate the ban through flyers. He noted that many
communities don’t allow dogs in public parks at all. He said he attended an MPRA
conference recently at which there was discussion about whether or not to allow dogs in
parks even on leash. Councilmember Young said he thinks an out-of-towner would be
more surprised to be told they cannot light up a cigarette even in a secluded part of the
park.
Councilmember Mosman asked Lambert if there is any way to empower the Soccer
Association with the ability to ask an individual with a “problem” dog to leave the fields,
rather than banning all dogs on the fields at all times. Lambert suggested the City enter
into a lease agreement with the Soccer Association similar to the types of agreements
used to rent out park shelters. This type of agreement allows the leasee to lay down
certain ground rules during the time the lease is in effect. Rosow said the agreement
would have to spell out that the leasee is in control of the grounds and has the authority to
ask any individual to leave. If the individual refused to leave, they could be charged with
trespassing. Rosow also cautioned that the Soccer Association should set clear guidelines
and follow them consistently. He said the more subjective the rules are, the more
problems will arise. Case said he would like to see the Soccer Association empowered to
deal with the problem dogs as they see fit.
Mosman asked about the possibility of setting aside an area at the end of the soccer fields
for dogs. Bomben said that would work well with the bigger fields, but not on the
smaller ones, since people would not be able to observe the games well.
Tom Bierman, current Parks and Recreation Board member and former Soccer
Association President, said he has grappled with the issue of dogs on Flying Cloud Fields
for years. He reiterated that there is very little room between fields and strange dogs,
(which are often at face level) with small children is a formula for trouble. He said he
has often had to intervene in doghhild confrontations. He said he considers dogs on the
fields issues of health and safety. He said he has spent hours walking the fields to pick
up dog waste before soccer games. In his opinion, a “half-hearted solution” will not be
effective. He proposed an ordinance prohibiting dogs on or near athletic fields when they
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are in use. When the fields are not in use, anyone having a dog on or near one should be
required to carry a visible container for disposing of waste.
Councilmember Young said he agrees with much of what Mr. Bierman said. He said
putting the responsibility on the Soccer Association to ask offenders to leave will end up
being a mess for the police; however, he has less of a problem with the lease idea than
with Mr. Bierman’s proposed ordinance. He said the goal is to prevent dogs from being
on the fields during soccer play. Lambert said an ordinance could call for no dogs within
50’ of a soccer game or practice. Case said he feels this would be “solving a problem
that doesn’t exist,’’ since there is a problem with dogs only at one field. He said the lease
concept would allow a particular group to enforce their own rules. In this instance he is
not in favor of passing an ordinance that would limit people’s rights.
Mayor Tyra-Lukens suggested trying the lease approach first. If this does not work,
Council could then consider an ordinance that applies to Flying Cloud Fields only.
Lambert said an Ordinance would not be needed, since as Parks Director he has the
authority to limit dogs anywhere within the park system. Neal said he likes the idea of
using a tool that already exists (lease agreements), and extending it to the use of athletic
fields. Bomben said he feels the lease agreement concept is worth trying. He will work
with the Association to have guidelines in place for the spring season and will make sure
they are widely distributed before the season begins.
Council Chamber
11. OPEN FORUM
1. Don Uram
Former Management and Budget Director Don Uram appeared before Council to
express his appreciation for the opportunity to work for the City.
2. Jaque Fwkland
Ms. Fryltland submitted a petition urging the Council to help convince MnDOT to
install flashing warning lights in advance of traffic lights at the 212 / Pioneer Trail
intersection. Ms. Fryltlund said her daughter was one of five teenagers in a car
that was struck by a car that ran a red light at that intersection in June. She said
three of the kids in the car were injured seriously enough to require
hospitalization. She noted that her son was also involved in a serious accident at
the same intersection eighteen months ago.
Ms. Fryltlund sited statistics on the number of accidents at the intersection,
including an estimate that 40 percent of the accidents were caused by driver
inattentiveness or running of a red light. She also cited roadway design issues
that include reduced sight lines. She said plane takeoffs and landings at Flying
Cloud Airport can also be dangerously distracting to drivers. Ms. Fryklund said it
is time for the City and State to look at alternatives to make the intersection safer.
Ms. Fryklund warning lights of the kind she and the other petitioners are
advocating have been shown to reduce accidents by up to 29 percent. She said
she realizes it will take some time for this request to come to a conclusion, and
she thanked Eden Prairie police and fire fighters as well as the State Patrol for the
services they provided at the scene of the accident.
Mayor Tyra-Lulcens said that because these are not City roads, the City cannot
install warning lights ourselves. She said we can advocate for them at the state
level. Gene Dietz said he will draft a resolution requesting that MnDOT conduct
a safety review of the intersection. The resolution will be included on the next
Council Agenda for approval. Councilmember Butcher thanked Ms. Fryklund for
bringing this important issue before the Council.
111. OPEN PODIUM
No one requested to speak at Open Podium.
IV. ADJOURNMENT
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
TUESDAY, JULY 6,2004 7:OO 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:OO p.m. All members were present.
11. PLEDGE OF ALLEGIANCE
111. COUNCIL FORUM INVITATION
Tyra-Lukens announced that the City Council provides an Open Forum opportunity for
Eden Prairie citizens to address the Council on issues related to Eden Prairie city
government on the first and third Tuesday of each month from 6:30-6:50 p.m. in the
Council Chambers immediately prior to the start of the City Council’s regularly
scheduled meetings. She said Open Forum is reserved for scheduled participants and if
you wish to speak to the Council during Open Forum, please contact Ms. Lorene
McWaters in the City Manager’s office by calling 952.949.8412 by noon of the meeting
date with your name and the subject matter you wish to address.
Tyra-Lulcens said the Council also provides an impromptu, unscheduled Open Podium
opportunity for citizens to address the Council concerning issues related to Eden Prairie
city govenunent from 6:50 to 7:OO p.m. immediately following Open Forum. She said
Open Forum and Open Podium are not recorded or televised and the City Council
reserves the right to adjust the time allocations for Open Forum and Open Podium. If
you have questions about the process or procedures of Open Forum or Open Podium,
please contact the City Manager’s office.
IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
Neal said there are proposed changes to the agenda: remove Item B from the Consent
Agenda and place it under Section IX as Item K.B.; and add a public hearing on
proposed issuance of multifamily housing development revenue bonds as Item VILB.
Case added a discussion topic under X1II.A. Butcher added two items under XIII.A.
Rosow added an item under XIII.H.
CITY COUNCIL MEETING
July 6,2004
Page 2
V.
VI.
MOTION: Mosman moved, seconded by Case to approve the Agenda as published and
amended. Motion carried 5-0.
MINUTES
A. CITY COUNCIL WORKHSOP HELD TUESDAY, JUNE 15,2004
MOTION: Young moved, seconded by Mosman, to approve the Minutes of the
City Council Workshop held Tuesday, June 15,2004. Motion carried 4-0 with
Case abstaining.
CITY COUNCIL MEETING HELD TUESDAY, JUNE 15,2004
MOTION: Butcher moved, seconded by Young, to approve the Minutes of the
City Council Meeting held Tuesday, June 15,2004. Motion carried 5-0.
B.
CONSENT CALENDAR
A.
B.
C.
D.
E.
F.
G.
H.
CLERK’S LICENSE LIST
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)
ADOPT RESOLUTION NO. 2004-101 APPROVING COOPERATIVE
AGREEMENT WITH MNDOT FOR TH212/PMIRIE CENTER DRIVE
INTERSECTION IMPROVEMENT PROJECT
APPROVE SUBDIVISION OF PROPERTY AT 9955 PIONEER TRAIL
APPROVE AMENDMENT TO 2004 TOWING SERVICES AGREEMENT
APPROVE FREQUENCY RELOCATION AGREEMENT BETWEEN
CITY AND NEXTEL WEST CORPORATION (NEXTEL) INC.
ACCEPT DONATION OF FOUR ACRES OF LAND FROM STEVEN
BROWN FOR ADDITION TO THE RICHARD T. ANDERSON
CONSERVATION AREA
AUTHORIZE EARLY GRADING PERMIT FOR FOUNTAIN PLACE
MOTION: Mosman moved, seconded by Butcher, to approve Items A-H of the
Consent Calendar, with the exception of Item B.
Tyra-Lukens asked for clarification on Item H. She asked if it was understood that
it was at their risk. Rosow said that is the understanding and it also is the City’s
understanding that the City’s early grading permission does not give authorization
CITY COUNCIL MEETING
July 6,2004
Page 3
VII.
to grade the city’s property until closing on the sale of the property. Motion
carried 5-0.
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 No.
2004-102 for Preliminary Plat)
City Manager Scott Neal stated that official notice of this public hearing was
published in the June 24,2004, Eden Prairie Sun Current and sent to 41 property
owners. The proposal is to subdivide the 1.26 acres into two single-family lots.
He said 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. Neal said the plans have been revised
according to the recommendations of the Community Planning Board. 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.
Community Development Director Janet Jeremiah pointed out that the resolution
of the access issue was to allow it from the existing curb cut on Mitchell Road,
provided the turnaround is a condition of approval.
There were no public comments.
MOTION: Case moved, seconded by Young, 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. Motion carried 5-0.
B. PROPOSED ISSUANCE OF MULTIFAMILY HOUSING DEVELOPMENT
REVENUE BONDS FOR BROADMOOR APARTMENTS
City Manager Scott Neal said official notice of this public hearing was published
in the June 17,2004, Eden Prairie Sun Current. He said the City is required to
conduct a public hearing on the proposed issuance of Housing Revenue Bonds.
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 multi
family 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
CITY COUNCIL MEETING
July 6,2004
Page 4
$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 the 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.
Mildred Heyer an owner of one of the units at Broadmoor, said Broadmoor owns
127 units and 14 other units are owned by other owners who bought in years ago.
She asked how this would affect the owners. Jeremiah said it was her understand
that all of the units were under single entity ownership.
Dan Lindh from Presbyterian Homes stated there are 13 units that have been held
from the beginning of the project by individuals; and they are hoping to acquire
227 units from Skyline Builders. Tyra-Lukens asked if the 13 units would
continue as they have and are not part of the 227 units. Lindh said that is correct
and clarified that tonight’s action will have nothing to do with the 13 units.
There were no fwther comments.
MOTION: Mosman moved, seconded by Case to close the public hearing and
direct Staff to prepare a resolution for the July 20 City Council meeting. Motion
carried 5-0.
VIII. PAYMENT OF CLAIMS
MOTION: Young moved, seconded by Case, to approve the Payment of Claims. The
motion was approved on a roll call vote, with Butcher, Case, Mosman, Young and
Tyra-Lukens voting “aye.”
IX. ORDINANCES AND RESOLUTIONS
A. FIRST READING OF AN ORDINANCE AMENDING CITY CODE
SECTION 2.05 RELATING TO SALARIES OF THE MAYOR AND
COUNCILMEMBERS
City Manager Scott Neal stated the ordinance is 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 3 1,2004.
CITY COUNCIL MEETING
July 6,2004
Page 5
Neal reminded the Council that this was discussed at a workshop last week and
findings of a study were discussed. He said Assistant to the City Manager Michael
Barone researched 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.
Neal said at the workshop, there was consensus for an increase of $2,500 per year
for the mayor’s salary and $1,500 per year for city councilmembers salaries. He
said practices for providing health insurance to councilmembers was also
considered, but currently no health insurance benefits are offered to part-time
employees. He said if it were offered to councilmembers, all other part-time
employees would be included and it would be a large financial impact.
MOTION: Mosman moved, seconded by Case, 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. Motion carried 4-1 with Young opposed.
B. FIRST READING OF AN ORDINANCE AMENDING CITY CODE
CHAPTER 2 BY ADDING SECTION 2.33 RELATING TO OBTAINING
CRIMINAL HISTORY INFORMATION
Neal said 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-timeheasonal
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.
MOTION: Case moved, seconded by Butcher, to approve First Reading of an
Ordinance amending City Code Chapter 2 by adding Section 2.33 relating to
Obtaining Criminal History Information. Motion carried 5-0.
CITY COUNCIL MEETING
July 6,2004
Page 6
C. 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 No. 17-2004 for Zoning District
Change)
Neal stated that the requested motion is to approve the second reading of the
ordinance of the 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.
Rosow commented on revisions to the language in the development agreement
that ensures the City has enforcement capabilities with respect to the land situated
in Chanhassen in Carver County so that the amounts payable to the City are
indeed paid. He said he had two discussions with the developer’s attorney and the
developer is in agreement with all changes in Item 17. He said the original
development agreement did not contain this language.
Rosow said the developer provided to the city today a copy of the title insurance
commitment which shows that he has not yet closed on the purchase of the
property. He said in this case, the closing is scheduled within the next week and
he recommends that the council adopt the ordinance, approve the development
agreement and cooperative agreement contingent upon their submitting proof to
the City within 30 days from today’s date that they have acquired fee title
ownership to the property, and if they don’t present that evidence within 30 days,
then the approval given here for the both the developer’s agreement, the
cooperative agreement and the rezoning are null and void, and to further direct the
City Clerk not to publish the ordinance until after that proof has been received.
Rosow fiirther stated a letter was received today from the developer that deals
with the $1,000,000 donation that is covered in Paragraph 17 of the Developer’s
Agreement. He said in the language of the letter there is a stipulation that the
funds be earmarked for Heritage Preservation projects only with the City having
exclusive control of how the hds would be used for Heritage Preservation and
education. He said that was not his understanding of the basis for the donation
being made to the City that these funds be earmarked. He said he would
recommend the motion be made approving the ordinance contingent upon proof
of ownership within 30 days and that the City specifically reject the stipulation on
the use of funds. He said the developer needs to resign the agreement and
acknowledge the changes so that there is no misunderstanding.
MOTION: Mosman moved, seconded by Young, to approve 2nd Reading of the
Ordinance for Zoning District Change fi-om 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; and incorporate the conditions that the approval is
contingent upon the developer providing proof of fee title ownership within 30
CITY COUNCIL MEETING
July 6,2004
Page 7
days from today’s date; and further direct the City Clerk not to publish the
ordinance until after that proof has been received; and further, that the City of
Eden Prairie rejects the limitation on the use of the $1,000,000 as set forth in the
developer’s letter of July 5,2004. Motion carried 5-0.
Tyra-Lukens asked if Staff could provide a reasonable estimate of what the cost
for the next 10-20 years might be to the City in having that property. Neal said
yes, and a projection of how the funds will be received will also be given, because
they will not be received all at once.
X. PETITIONS, REQUESTS AND COMMUNICATIONS
XI. REPORTS OF ADVISORY BOARDS & COMMISSIONS
XII. APPOINTMENTS
XIII. REPORTS OF OFFICERS
A. REPORTS OF COUNCILMEMBERS
1. Expanded Use of Cummins Grill Homestead - Councilmember Case
Case said the Cummins Grill restoration plans and proposal have been on
hold for at least 20 years. He said the problems are that there is a
LAWCOM grant that the land was purchased which limits the private
piece of private/public usage; and the fact that the building is on the
National Register of Historic Places. He said there is a way to get out from
under the LAWCOM grant and possibly allow private/public partnerships
not unlike the Smith Douglas Moore house. He said if we were to buy
ourselves out of the Cummins Grill LAWCOM grant with a large sum of
money and buy Birch Island Woods land, we are killing multiple birds
with one stone. He said the first step would be to contact the appropriate
authorities that govern the grant and find out what it would take, and then
see if the other plan is possible. He said he would like to direct Lambert to
gather information.
Mosman said she brought this idea up last year and did look at the
stipulations on the grant and it does seem reasonable to check into it.
Lambert said he spoke to Wayne Sames about the same question about a
different proposal on the use of Round Lake and he said you can expect it
will take a minimum of 4 months as turnaround time when a proposal is
submitted to the state, the state staff reviews it, and only if the state staff
supports the request will they forward it to the federal level for approval.
Lambert said if it is approved, all would have to agree that the park system
land you are proposing to buy and replace is similar. He said a proposal
can be submitted and then the city could decide if they want to do it, but it
is not going to be a quick turnaround.
CITY COUNCIL MEETING
July 6,2004
Page 8
Butcher said it would also need to be determined how adaptive reuse
would affect the National Register status. Case said knowing that it takes
quite a while, the City should also make sure it doesn’t lose options on
Birch Island Woods. Lambert said that option is up in September.
2. July qfh Celebration - Councilmember Butcher
Butcher said she’d like to thank staff for all their efforts at the city’s 4t” of
July celebration. She said it was very well organized and thanked sponsors
and groups and in particular, Sandy Werts.
Butcher also asked when the City will have signage in terms of what the
new ordinance is in terms of smoking in parks. She said residents know,
but there are visitors who have no knowledge of the dialogue regarding
this. Lambert said that nearly 100 “No Smoking’’ signs were ordered for
the park system, and several have been installed at Round Lake Park. The
larger signs are put near the entry to parks with the smaller signs placed in
other areas within the park. These signs are being added to the park system
as time allows.
B. REPORT OF CITY MANAGER
1. Demolition and Disposal of Concrete Floor and Steel Piping at Ice
Rink One
Neal said the City advertised for bids for demolition and disposal of the
concrete floor and steel piping of Ice Rink One at the Community Center,
and bids were received Friday, July 2. He said there was an estimate that
the project be in the $55,000 to $65,000 range and the low bid came from
Minneapolis Concrete Sawing and Drilling for $39,655, and the bid is
being awarded now in the interest of facilitating a shorter project time.
MOTION: Case moved to award Demolition contract for the removal of
Rink 1 floor at EPCC to Minneapolis Concrete Sawing and Drilling for
$39,655. Seconded by Butcher, motion carried 5-0.
2. Resolution No. 2004-103 Urging Hennepin County to Enact a County-
Wide Smoke-Free Ordinance Prohibitin2 Smoking in Places of
Employment and Restaurants
Neal said 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
CITY COUNCIL MEETING
July 6, 2004
Page 9
Minnesota State Legislature to address the issue of public smoking at the
state government level. 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.
MOTION: Mosman moved, seconded by Case, to adopt Resolution
urging Hennepin County Board of Coinmissioners to enact a county-wide
smoke-free Ordinance prohibiting smoking in places of employment and
restaurants,
Young said it appears that the City is taking the verbage of the resolution
from two years ago and replacing Hennepin County instead of the state.
He said there were comments within the original resolution that were
pertinent at the time regarding getting something done at a particular level
of government. He said now he does not find that to be true and he has not
been contacted by anyone asking that the City take the idea and move it to
the county for adoption. He said trying to facilitate the resolution by using
prior language did not operate as smoothly as the idea may have. He said
the Chamber of Commerce has also asked that the City defer from taking
these kinds of actions. Young said since we are a Council that disfavors
unnecessary ordinances, he opposes the resolution because he tends to put
it in the category of ordinances that may not be necessary. He said the
fight should be fought at the state level.
Tyra-Lukens said it is clear that the state legislature will not do anything
about this unless they get prodding from cities, counties and citizens and
this is a step to get started. She said when she met with the mayors and
with Commissioner Dorfman, she asked if we had passed ordinances
asking the county to do this so it is important that things like this are done
as a method of communicating wishes to the county. She has no problem
changing the language to clarify that there was discussion of a local
ordinance in 2002, but the people she spoke to during that discussion
wanted this done on more of a regional, if not state, basis.
Case clarified that his stand on banning dogs from one park for 20-30
percent of the time was that do we affect the great majority because of a
concern of a minority view? He said this is the same case here where the
vast majority (80 percent) are negatively affected by behavior of less than
20 percent. He said any discussion about laws and ordinances are always
about rights, and it’s always a balance of protecting the most rights. He
said on the smoking issue he comes down solidly on protecting the health
of the vast majority.
Mosman said she recalls the businesses and those who objected to it
wanted a larger scale, rather than a City ordinance and this is the first step
in the state-wide process. She said objective accounting on profits show
CITY COUNCIL ilWETI[NG
July 6,2004
Page 10
XIV.
xv.
C.
D.
E.
F.
G.
H.
that businesses do not suffer, it is a perceived concern of the possibility
and that is what the Chamber needs to address to their members. She said
the health concern to the public are not perceptual, they are well
researched and well documented.
Motion carried 4-1 with Young opposed.
REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR
REPORT OF PARKS AND RECREATION DIRECTOR
REPORT OF PUBLIC WORKS DIRECTOR
REPORT OF POLICE CHIEF
REPORT OF FIRE CHIEF
REPORT OF CITY ATTORNEY
Rosow reported that when the Council considered the Slumberland development
proposal, the development of the CSM property adjacent to that parcel earlier in
1998 required that CSM grant a cross access easement to what is now the
Slumberland parcel for access and maintenance of that easement area. He said to
date Slumberland has not been able to obtain that cross access easement and has
come to the City to request assistance in obtaining that easement. He said he has
asked the parties to talk to each other and reaffirm that the City expects
compliance with the developer’s agreement conditions, the condition that the
cross access easement be provided; and to address concerns of CSM that the City
would expect that Slumberland pay for any construction and reconstruction of the
reconfiguration of the parking lot to accommodate that cross access easement; and
if they are unable to reach agreement on that they need to advise the City because
it is in the City’s overall interest to make sure all developer agreements are
complied with. Rosow said he does not know how much the two sides have been
talking with each other. He said the City does not want to intervene, but it does
take seriously the commitments from the developer’s agreement.
MOTION: Case moved, seconded by Mosman, to encourage Slumberland and
CSM to work out their differences and proceed in an expeditious manner with the
granting and acceptance of a cross access easement agreement. Motion carried 5-
0.
OTHER BUSINESS
ADJOURNMENT
MOTION: Butcher moved, seconded by Case, to adjourn the meeting. Motion carried
5-0. Mayor Tyra-Lukens adjourned the meeting at 7:50 p.m.
CITY COUNCIL AGENDA
SECTION:
DATE: 07/20/04
I
DEPARTMENTIDIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development
Janet B. Jeremiah TI Metropolitan Councilmember Mary Hill Smith
Synopsis
Mary Hill Smith, Eden Prairie’s representative on the Metropolitan Council (District 3), will take
a few moments to introduce herself to the City Council and speak about Metropolitan Council
initiatives. She will also be available to answer any questions of the City Council.
Attachments:
> Metropolitan Council District Map > Metropolitan Council Member Profiles
f Greenfield! Corconn 1 MapleGrovc
I aoreuo I Independence ! j Media
Pkfmouth ... i ..__-I
1 Roger Scherer 5 RussSusag 9 Natalie Steffen 73 RickAguilar
2 Tony Pistilli 6 PeggyLeppik 70 Vacant 74 Song Lo Fawcett
3 Mary Hill Smith 7 Annette Meeks 77 Georgeanne Hiker 75 ThomasEgan
4 Julius C. Smith 8 Lynette Wittsack 72 Chris Georgacas 76 BrianMcDaniel
2
Metropolitan Council Members
Chair: Peter Bell -Region at large
Member, University of Minnesota Board of Regents; former executive
vice president for publishing and educational services, Hazelden -
Foundation: former executive vice president for corporate community
relations, TCF Bank, Minneapolis; co-founder and former executive
director of the Institute on Black Chemical Abuse; former board member,
Citizens League, Center of the American Experimen t, CommonBond and
TCRISE, among others; founding member and chair of the Center
for New Black Leadership, based in Washington, D.C. -(651-602-1453)
District 1: Roger Scherer -northwesfern Hennepin County
Plymouth resident; state legislator, 1966-72; twice appointed to
Metropolitan Council. 1980-84 and 1992-98; board chair and former CEO/
president of Scherer Brothers Lumber Co.; St. John's University Board
of Regents, 1988-97: Minneapolis Chamber of Commerce board chair,
1990; Plymouth Planning Commission, 1992. -(612-627-0890)
District 2: Tony PiStilli -Brooklyn Center, Brooklyn Park,
Columbia Heights, Fridley, Hilltop, Osseo, Robbinsdale,
Spring Lake Park.
Brooklyn Park resident; owner of Park Appraisal Service, a real estate
appraisal company; Brooklyn Park city council member, 2001-2003;
Brooklyn Park Planning Commission, 1995-2000. -(763-228-1867)
District 3: Mary Hill Smith -€den Prairie, Hopkins, Long Lake,
Minnetonka, Orono, Wayzata, Lake Minnefonka communities.
Wayzata resident; Metropolitan Council member since 1993; chair,
Council's Transportation Committee and liaison to the Metropolitan Airports
Commission; former chair, Wayzata School Board; serves on the boards-
of the Minnesota Women's Campaign Fund, Sheltering Arms Foundation,
and previously, the U of M Center for Transportation Studies, Guthrie
Theater, and Interfaith Outreach/Com,m unity Partners. -(952-475-1388)
District 4: Julius c. (Jules) Smith -Mimetisfa, Sf. Bonifacius,
Chaska resident; Metropolitan Council member since 1993; attorney,
primarily real estate development and financing; president, International
Renaissance Festivals, Ltd.; president, International Conference
Foundation; former member of the Governor's Sports Commission
Task Force; adjunct professor, U of M's Humphrey Institute of
Public Affairs, 1977-96. -(952-361-9988)
District 5: RUSS %Sag -Bloomington, Edina, Richfield
Richfield resident; president, Susag Environmental Consulting, Inc.;
president, Minnesota Federation of Engineering Societies; former
director, environmental regulatory affairs and environmental operations
at 3M; former manager of quality control and board member of the
former Metropolitan Waste Control Commission (now a division of
the Metropolitan Council): Richfield city council member, 1992-2000;
former commissioner of the Richfield Housing and Redevelopment
Authority; former commissioner and vice chair of the Richfield
Plannivg Comm ission. -(612-866-0373)
District 6: Peggy Leppik -Crystal, Golden Valley, New Hope,
Golden Valley resident; former state representative, 1991-2003;
former chair, House Committee on Family and Early Childhood Education
Finance; former member of the Golden Valley Planning
Commission. -(763-546-3328)
District 7: Annette Meeks -Downtown and north Minneapolis,
Minneapolis resident; director of government affairs and public programs
for the Center of the American Experiment; served as state vice chair,
Republican Party of Minnesota. 4612-341-8168)
District 8: Lynette Wittsack -eastem half of Minneapolis,
Minneapolis resident; treasurer and manager, Mark Stenglein
Volunteer Committee, 1996 to present; manager, Northwest Airlines
distribution systems, Tokyo, Japan, 1983-92; co-owner, Les Work, Inc..
1992-2000; president, Windom Park Citizens in Action,
Minneapolis, 1998. -(612-788-1235)
Carver and Scoff Counties.
.
St. louis Park, southwest Minneapolis
portion of south Minneapolis
S. Anthony
District 9: Natalie Steffen -norihern Anoka County.
Ramsey resident; Metropolitan Council member since 19 99;
former board member, Association of Metropolitan Municipalities;
commissioner, Minnesota Department of Human Services, 1991-93;
Anoka County commissioner, 1983-91 ; Ramsey city council member,
District 10: Vacant -Arden Hills, Blaine,
1997-99. -(763-753-4298)
Circle Pines, Falcon Heighfs, Lauderdale, Lexington,
Mounds View, New Brighton, Norfh Oaks, Roseville,
Shoreview.
District 11: Georgeanne Hilker -Cenferville, Columbus Township,
Gem lake, Hugo, Landfall, Lino Lakes, Litfle Canada,
Maplewood, Norfh Sf. Paul, Oakdale, Vadnais Heights,
White Bear Lake, White Bear Township.
White Bear Lake resident; member of the leadership staff of the
Minnesota House of Representatives: Republican delegate to
the 2002 state convention; serves on the board of the Minnesota
Community Foundation; former member of the White Bear Lake Parks
Advisory Commission and the Board of Education of the Archdiocese
of St. Paul-Minneapolis. -(612-308-5707)
District 12: Christopher Georgacas -Washington County
Mahtomedi resident; principal and shareholder with Goff & Howard, Inc.,
a St. Paul public relations and public affairs firm; chaired the Pawlenty
for Governor Committee and member of Gov. Pawlenty's Transition
Advisory Committee; campaign director for Norm Coleman's 1998
gubernatorial campaign; chaired the state Republican Party for
two terms, 1993-97. -(651-292-8062. ext. 126)
District 13: Rick Aguilar -Sf. Paul (east of /-35E), Lilydale,
West St. Paul resident; president, Aguilar Marketing Productions:
commissioner, St. Paul RiverCentre Authority: founder,
Minnesota Hispanic Chamber of Commerce; chair,
St. Paul Area Chamber of Commerce, 2002. -(651-665-0633)
District 14: Song Lo Fawcett -St. Paul (west of I-35E)
St. Paul resident: attorney and partner at Kelly & Fawcett, St. Paul,
specializing in municipal law, eminent domain and land use,
labor/em-ployment law and real estate development; chair of
the St. Paul Human Rights Commission; co-fou nder of Patapata, Inc.,
a Hmong-focused organization specializing in cultural training and
language translation and interpretation. -(651-224-3781)
District 15: Thomas Egan -Bumsville, most of Eagan;
lnver Grove Heights, South St Paul.
Eagan resident; Metropolitan Council member since May 2002:
attorney at Egan, Stewart and Lauer; mayor of Eagan, 1990-98,
and Eagan city council member, 1978-89; president, Association of
Metropolitan Municipalities, 1996-97, and Municipal Legislative
Commission, 1995-96. -(651-452-3957)
District 16: Brian McDaniel -southern Dakota county,
Apple Valley resident; attorney; director of fiscal policy, Minnesota
Business Partnership; former committee administrator, Minnesota House
of Representatives: former administrative law judge, Minnesota
Department of Economic Security; district chair, Pawlenty for Governor
campaign; former president, Optimist Club of Apple Valley: assistant
basketba II coach, Minnesota Special Olympics.-(952-997-7731)
(except Hugo, Landfall and Oakdale).
Mendota, Mendofa Heights, Sunfish Lake, West Sf. Paul.
southern part of Eagan.
~~~~ __
230 East Fifth Street St. Paul, Minnesota 55101-1 626
(651) 602-1000 F~x (651) 602-1550 . TPI (651) 291-0904
Email: data.cenfer@m efc.stafe.mn.us
* Website: www.metmuncil.org
3
CITY COUNCIL AGENDA
SECTION:
DEPARTMENTDIVISION: ITEM DESCRIPTION: Community DevelopmentRlanning
Janet B. Jeremiah
Michael D. Franzen Walkable Community Workshop
DATE: 07/20/04
ITEM NO.:
Synopsis
The City hosted a "Walkable Community" workshop at ADC on April 22,2004. The workshop
was jointly sponsored by the Metropolitan Council and various metropolitan health
organizations. The purpose of the workshop was to show the benefits of sidewalks and trails.
Sidewalks and trails provide the opportunity for regular and moderate exercise, reduced health
risks, and reduced automobile trips.
The workshop included a field trip to the Downtown Park and Southwest Station. Field
observations and discussions focused land use, sidewalk location, and sidewalk design. The City
received good marks for compact design and presence of sidewalks, but did not score as well in
the design of the spaces adjacent to the sidewalks.
Background Information
The Metropolitan Council planners stated that most communities are designed around the
automobile and lack sidewalks and trails. Even when sidewalks and trails exist they tend to be in
locations such as large parking lots, adjacent to wide roads, or businesses that create an
environment that is uncomfortable or unsafe for pedestrians. The planners suggested ways in
which sidewalks and trails could be designed differently to include plantings, trees or fences in
the boulevards.
The health organizations indicated that physical inactivity and obesity rank second to smoking in
the contribution to the total mortality in the United States. The incidence of overweight or obese
adults has increased from 47% in 1976 to 61% in 1999.
What can we do?
The main reasons Americans do not walk is time and distance.
0 Continue to promote compact design such as Southwest Station and Hartford Commons.
People have shorter distances to travel.
Explore the possibility of adding street tress and plantings between sidewalks and roads.
This is part of the approved plan for Hartford Commons. Once the project is complete we
can evaluate the benefits and the practical difficulties of the sidewalk and streetscape
design.
Require appropriately located and designed sidewalk connections for development and
redevelopment.
.. .~.. . . . .. - .-. - . " . . ..... ... -.,. .~_.. ..* .,,.. -_..-.P_,.r__l_____l_ .. ..
bicyclirg offer the first target for increased physical actiuity
in communities.')2
n healthy communities - not just in the movies walk-
ing (and bicycling) are a normal part of 'daily life. The Cen- I ters for'Disease Control and Prevention (CD9 call these
The US. Surgeon General
issued a report that
confirms what most of us
already know: Americans .
aren't getting enough
exercise. The American
Heart Association has
*
listed physical inactivity
as the fourth major risk
factor associated with
chronic disease.
*U.S. Dept. of Heaffh and Human
Poor community design affects the health of the enti're com-
munity. The increased awareness each of us brings to the
problem is another step towards the solution.
Creating places for people to walk means more than just
special trails, though those might certainly be an important
Services, Phys;caIActivify and Health: A Report of the Surgeon General (Washington, DC, 1996)
www.bikewaIk.org .
element of ai overall plan. Crest-
ing an active community environ-
ment means taking a look at the
broader scope of where there are - and aren't - opportunities to
safely walk. It involves land use
design, retrofitting the transporta-
tion infrastructure, 'funding, and
much more.
1506 21st St. NW, Suite 200
Washington, DC 20036 lPhyslcalAcUvilyTask Force, More People, More Ache, More Often, London: UK Department of Health; 1995, cited In Judith Hanna, Transport and Health: Fit to Get About,' Urban Transport
In!emational, 4 (MarchlApnll996). .
2Jeffrey P. Koplan and William H. Dietz, 'Caloric Imbalance and Public Health Policy,7he Journal
oflhehen'can Medical Asson'ation. 282 (16): 1579-1581 (1999).
1
5
*e Health, Physicat Activity &
.- Communi fy Design r.
America faces a national health crisis of epidemic
proportions. Physical inactivity combined with overeating
has, in just a few decades, made us a nation of fat and out-of-
shape people. The incidence of overweight or obese adults
increased from 47 percent in 1976; to 56 percent in 1994, and
61 percent in 1999. The prevalence of overweight children
and adolescents almost doubled during the same period.
Obesity, diabetes, heart disease, stress and a host of other
ills are increasing. Physical inactivity and obesity rank
second to smoking in their contribution to total mortality
in the United States, Nearly 80 percent of obese adults have'
diabetes, high blood cholesterol levels, high blood pressure,
coronary artery disease or other ailments.1
About 60 percent of overweight children between five
and 10 years of age already demonstrate risk factors such
as elevated blood pressure and increased insulin leveIs
associated with heart disease. These factors lead to chronic
diseases later in life.
Moderate, daily physical activity, such as bicycling or
walking, has long been recognized as an essential ingredient
of a healthy'lifestyle. .Yet many Americans, both young
and old, lead a sedentary lifestyle. Our workplaces are
increasingly automated. Many jobs require workers to spend
hours at a desk. We use the automobile as our primary
means of travel even for short trips. .
- -3
I.
L
We don't walk or bicycle as much as we used to, partly
because our communities - designed'around the
automobile -lack walkways and bikeways that would
otherwise accommodate and encourage such activity. Even
where facilities exist, features that support driving, such
as wide roads and intersections, large parking lots and
drive-through businesses, create an environment that is
uncomfortable and unsafe for non-motorists. .
. Spread-out, isolated destinations typical of car-oriented
suburban development also discourage walking and ,
bicycling. Even in communities where most places are near
enough to walk or bicycle, people may not feel safe because
of high motor vehicle speeds and volumes.
.. I(K. Flegal, et a/., 'Overweight and obesity in the United States: prevalence and trends,196&199#, In: J Obesity, 7998).
6
y, Barriers to Making Communities
. More Walkable
If more walkable communities are such a good thing, what’s
keeping us from having more of them? Perhaps the best
explanation is that pedestrians and walking have been
left out of the processes of land-use planning and of the
planning, design, and operation of streets and highways,
Lower Density Development
Compact, mixed-use development (e.g., locating
employment and shopping closer to residential areas) allows
nonmotorized transportation - walking and bicycling - and
transit to work more effectively. This type of higherdensity
development serves to both accommodate and encourage
use of these modes as alternatives to the automobile.
Although this will not solve the congestion problem,’it is
a start, and reduces public infrastructure requirements’
and costs. Not only does lowdensity development create
barriers to walking, it is bad for local economies as well. The
good news is that there is growing support for better design
of new communities and there are ways to go back and fix
the problems in existing neighborhoods.
.
Transportation Facility Barriers
Some aspects of how we have developed our transportation
facilities act as major deterrents to walking and create
obstacles to travel for pedestrians and disabled people.
These include:
Lack of, sidewalks
Narrow walkway widths
. Missing curb cuts
Poorly constructed and/or maintained walking surfaces
Difficult street crossings (e.g., too wide, too fast)
Inadequate bridge desim,(e.g., no place to walk)
Physical features (e.g., rivers, railroad tracks, major
Inadequate facilities for access to transit services
arterial streets lacking pedestrian crossings)
High-speed, high volume traffic adjacent to schools,
Inadequate sidewalk maintenance (including snow/ice ..
parks, shopping, and residential areas
removal and repair)
Source: Campaign tu Make America Walkable/..CB W
Washington, DC, 1998J
3
7
Safety . -’,
Pedestrian safety is a major traffic safety problem, wd one
that has typically been overlooked or ignored. This problem
is evident in rnaiy communities where neighborhood
streets are becoming speedways due to so-called “design
improvements” which make them wider, or when they are
invaded by commuters rushing to work, delivery drivers,
or unsafe drivers just looking for a shortcut. Add to this a
nearly complete lack of effective speed enforcement, and it
comes as no surprise that neighborhoods are being overrun
by cars and that fewer people are walking today.
Part of the problem is that pedestrian safety has usually
been a secondary traffic engineering issue. The overriding
goal of traffic engineenrig has been to improve roadway
“level of service” which often means designing roads with
wide lanes and shoulders, large turn radii at intersections,
passing and turning lanes, and other features that enable
more motor vehicles to travel at higher speeds. Few
efforts have focused on ensuring that streetsare safe for
both pedestrians and motor vehicles and fewer still have
sought to modify driving behavior to better protect and
accommodate pedestrian travel.
Increased speeds put pedestrians at higher risk A ten-
mile-per-hour increase in speed, from 20 mph to 30
mph, increases the risk of death for a pedestrian in a
collision ninefold; If a car going 20 miles per hour hits a
pedestrian, there is a 95 percent chance that the person will
survive. However, if the same car is traveling 30 rnph, the
pedestrian’s chances of suMval are reduced to 45 percent.
.
.
Creating walkable communities is a challenge: much of what
we’ve done over the past 50 years-in terms of how we’ve
developed our communities and our transportation facilities-
has made it harder to walk and to get to places we might
want to go. Still, many people do walk, and there are signs
that they’d like to do more of it.
We need to give people more choices on how to travel when
it comes time to make a trip to the store, to go to school,
to go to the park or library, or to visit a friend. We need to
make neighborhoods places where parents feel comfortable
with their children running around, playing with friends. We ,
need to make our communities places where the elderly and
the disabled are free to move around in relative comfort and
safety. We need to make the places where we live and the
places where we work environments that encourage us to be
active -just for the health of it!
4
Principles of Pedestrian Design
alking is the number-one method of human transp'ort W in the world. Virtually everyone does it and it makes
up some part of nearly every trip. While this may seem '
obvious, it has none the less been routinely overlooked in
the planning and development of our communities and in the
design of our transportation facilities.
Children and elderly are most likely to depend on walking for
many trip purposes. In many cases if adequate provisions
for walking are not available, these individuals will become
transportation-dependent; that is, they will be forced to rely
on someone else to accommodate their travel needs.
Distance
Distance is the key factor limiting utilitarian walking trips.
Although' distance is a subjective factor in mode choice,
walking trips are predomin,htly short. When asked what
they considered the memum distance suitable for walking
on errands, 40 percent of Seattle,residents reported one ,
mile or less and 70'percent reported two miIes or less.
Residents of Ontario, Canada, were asked how many minutes
they would be willing to walk on errands and to work The
average for both trips was just over 20 minutes, which
translates to about 1.25 miles.
Pedestrians prifer to limit walking distances and will often
take unusual short cuts to save a few steps or a few seconds
of time. Acceptable walking .. . . distances . are dependent on trip
purpose,'total travel time related to this purpose, physical
condition of the pedestrian, walking environment, perceived
safety and security of the walking route, and in some
instances, economic factors .
Walking Speed . ,
Walking rates are generally'2.5 to 6.0 feet per second with an
average of 4.0 feet per second, according to the Manual on
Uniform Traffic Control Devices (h4UTCD). However, many
studies acknowledge that the speed is significantly slower
for older pedestrians and propose that a walking rate of 3.0
feet per second should be considered. A new reporthsued
by the Institute of Transportation Engineers QTE) states "the
fifteenth percentile walking speed should be used for setting
the design walk speed where there is a high proportion of
elderly pedestrians. In the absence of a specific study this
would be between 3 and 4 feet per second, depending on the
presence of slower pedestrians." .
. ..
Reasons for not walking
The mah reasons Americans give for not
walking are distance and time: 61% say
"things are too far to get to," and 57% "do
not have enoughtime." Both these factors
are directly related to community design.
Source: AmericanS'Attitudes Toward . '
Walking and Creatirlg. Better Walking .
Comrrhnities, April 2003, survey conducted
for the Surface Transportation Policy Project.
5
Most would prefer walking
. 'More than half,ofAh'encans'say they
would like to walk more throughout the day
either for exercise or to get places. Four in
ten Americiiris would choose driving over
Source: Americans'Attitudes Toward .
Communities,' April 2003, survey conducted
for the Surface Transportation Policy Project.
. walking for wherever they need to go.
.. Walking and ,Creating Better Walking
. ..I . :. . . ..
Elements of Good Pedestrian .
Planning,
There is a widerange of planning and design activities that
takes place as part of the development of our communities.
Local comprehensive plans, area plans, open space plans,
transportation plans, site plans, zoning ordinances, and
subdivision covenants impact the character, density and
nature of our development. Together, they have a major
effect in determining how walkable our neighborhoods and
communities will be.
Rethinking me Role of Transportation
One of the keys to creating walkable communities is to
rethink our approach to development and planning. One
approach is to develop communities that are oriented
to a more balanced transportation system supporting
automobiles, bicycles, transit, and walking. Such a
"multimodal" community would have all or most of
the following kinds of features. A neighborhood center
(providing retail and office uses) is located within 5 minutes
walking distance, roughly a onequarter mile radius for the
majority of residents in the neighborhood.
The streets are laid out in well-connected patterns, at a
pedestrian scale, so that there are alternative automobile
and pedestrian routes to every destination.
The streefs are treated as complex public spaces,
containing traffic and parking, and they are an integral
part of the "public realm," including trees, sidewalks, and
the buildings that front on them.
The streets are relatively narrow, in order to discourage
high-speed automobile traffic. Streetscapes should be
well-defined by buildings and trees along them.
On-street parking is permitted and provides an adequate
supply of spaces. The cars act as additional buffers
between pedestrians on the sidewalks and moving
vehicles on the adjacent street. They also serve to slow
down the passing traffic, helping to balance the overall
use of the street.
1
The .buildings are generally limited in size, and building
uses are often interspersed; that is, small houses, large
houses, outbuildings, small apartment buildings, corner
stores, restaurants, and offices are compatible in size and
placed i,n close proximity. ..
A Checklist for Creating Pedestrian-Friendly Communities
n this guide we've explored a vision of what a community might look like when'designed to I accommodate all the various modes'of transportation. . The following checklist details the key
characteristics of pedestrian-friendly communities and what makes them walkable:
d Continuous SysternslConnectivity. Provide a complete system of interconnected streets, pedestrian walkways, and other
pedestrian facilities to increase pedestrian travel.
d Shortened Trips and Convenient Access. Provide connections between popular ongins and destinations, between dead-
end streets or cul-de-sa& or as shortcuts through open spaces.
L
d Linkages to a Variety of Land UseslRegional Connectivity. Provide pedestrian circulation and access to shopping malls,
transit, down town, schools, parks, offices, mixed-use developments, and other communities within the region. .
d Coordination Between Jurisdictions. Put pedestrian facilities in place to meet current and future needs by ensuring close
coordination between jurisdictions and other modes of transportation.
. r/ Continuous Separation from Traffic. In pedestrian-oriented areas, minimize or eliminate street and driveway'crosslngs.
Provide buffers from motor vehicles. .
d Pedestrian-Supportive Land-Use Patterns. Use a grid street layout with short blocks in business districts and downtowns to
r/ Well-Functioning Facilities. Ensure adequate width and sight distance, accessible grades, and alignment to avoid blind
, enhance pedestrian mobility.
: corners for all pedestrian faci1ities:Make sure common problems, such as poor draivage, are avoided.
.. .
d :Designated Space. Delineate, sign, and mark pedestrian facilities, as'appropriate.
d Security and Visibility. Design walkways to ensure a secure environment for pedestrians. Lighting, increased visibility, open '
sight-lines, and access to.police and emergency vehicles are important considerations.
. d. Automobiles are Not the Only Consideration. Design streets to accommodate all modes of transportation.
d Neighborhood Traffic Calming. Design narrow streets lined with trees, install roundabouts (small traffic cirdes) and curb
bulbs; make use of other techniques to lower vehicle speeds and create safer, more pleasant conditions for pedestrians.
. d Accessible and Appropriately Located Transit. Situate transit facilities adjacent to work, residential areas, shopping, and
recreational facilities to encourage' pedestrian trips.
gather and interact (e.g., pedestrian pocket parks and plazas).
d Lively Public Places. Provide secure, attractive, and active spaces as focal points for the community, where people can
r/ 'Pedestrian Furnishings. Provide furnishings, such as benches, rest rooms, drinking fountains, artwork, architectural
fountains (especially for. play!), and other similar elements to create more attractive and functional environments for
pedestrians.
d. Street Trees and LandscapingiProvide street trees to bhng a human scale to the street environment.
r/ Proper Maintenance. Provide frequent cleanup and repair on a Fgulai basis to ensure con!nued use of areas by
pedestrians.
7
Resources & Contacts
A wealth of resources are available on the Internet for those
who want to how more about pedestrian facility design and
planning and how to make their communities more walkable.
For additional resources, start at:
National Center For Bicycling & Walking
.ht@://www. bikewaZk.org
Pedestrian & Bicycle Information Center
http://www. walkingin fo.og
America Walks (Coalition of advocacy groups)
h ttp://www. america walks. org
Creating Walkable Communities: A Guide for Local
Governments. Prepared For the MidAmerica Regional
CounCil @URC) by the Bicycle Federation of Arnerica/NCBU!
1998. Some of the materials in this guide are drawn from the
MARC report, You can view the entire 100-page document,
which contains a good deal more material and detail, on
the NCBW web site at http://www.bikewalkorg. The guide is
accessed through the Pedestrian navigation link.
Increasing Physical Activity Through Community
Design: A Guide For Public Health Practitioners.
National Center For Bicycling & Walking (NCBW. May
2002. This popular booklet is also used as a source for some
of the materials in this'guide. You cah access the full 48-
page guide at the NCBW web site: http://www.bikewalk.org/
PubHealth.htm. You can also request one or printed copies of
the booklet at that same link.
.
Americans support
policies to make
walking safer and
easier but are rarely
given the choice.
. Source: Americans,
Attitudes Toward
Walking and Creating
Better Walking
Communities,
April 2003, survey
conducted for
the Surface
Transportation Policy
Pmject.
Good Pedestrian Plans and Design Guidelines
(From the PBIC: wwwiwalkinginfo.or&
Portland Pedestrian Master Plan. One of the first
comprehensive pedestrian plans for a city; complemented by
a detailed design manual for pedestrian facilities:
http://www.trans.ci.portland,or.us/Plans/
PedestrianMasterPlan/default.htm
Cambridge Pedestrian Plan. Beautifully prodbced and
thorough plan incorporating specific suggestions for sites
throughout the city, design guidelines, links to other modes, .
and more. http://www.ci.cambridge.ma.us/-CDD/envirotrans/
walking/pedplan
Wisconsin Pedestrian Policy Plan 2020. One of we few
statewide pedestrian plans with a focus on the policies and
programs that will help improve conditions for walking. http:
//www.dot.wisconsin.gov/projects/state/ped202O,htm
Additional Resources .
Walk to School Day
http://wwwwalktoschooEusa.org/
Safe Routes to School
http://wmr.saferoutetoschools.org '
The Inactivity Epidemic. A 15-20 minute Powerpoint
prdentation you can use locallywith service clubs, city
councils and other community groups to highlight the need
to design communities for active living. Available as a CD-
ROM or as a download from the NCBW.
8
National Center for
Bicycling & Walking
1506 2lst St. NW
Suite 200
Washington, DC 20036
~~
Here are just some of
the resources you'll find
on our web site at
www , b ikewal k. org :
Increasity Physical Activity
Through Community Design:
Directed at the public health
community, *his booklet fea-
tures actions to make your
community more walkable
'91.
Our Vision of what a Bicycle
Friendly and Walkable Commu-
nity looks like
p.
A Community Assessment Tool,
to see how your community
stacks up to ;he Vision
Walkable Community Work-
shops (WCW) are a central
piece of the NCBWls effort to
provide direct assistance to ,
communities. The workshops,
made possible in part by a
grant from The Robert Wood
Johnson Foundation, bring
together elected officials,
public agency staff, public
health practitioners, planners,
engineers, and advocates to
focus attention on making
communities more walkable.
conditions for pedestrians.
Expert trainers lead workshop
participants in develop-
ing a vision for a walk-
able community. They
highlight ways in which
land use and tranworta-
During this series of work-
shops, more than 1,500 par-
ticipants will learn the basics
tion decisions affect
walking, health, physical
activity, and livability.
The trainers are experi-
from diverse back-
enced professionals A local "walkabout" is a feature of each '
Walkable Community Workshop . . ~ ..
The program concentrates on
identifying real-world prob-
lems and hands-on solutions
for each community. During a
four-hour workshop the par-
ticipants identify opportuni-
ties to reduce barriers and en-
hance opportunities for walk-
' ing in their co'munity, and to
build consensus on what
needs to be done to improve
grounds and fields of
work, including planning,
transportation engineering,
public health, pedestrian pol-
icy, and program develop-
ment.
In 2004 the'NCBW will pre-
sent Walkable Community
W.orkshops to communities in
ten Metropolitan Planning
Organization (MPO) regions.
of how to create a walkable
community and identify ac-
tions they can take to make it
happen.
For more about the WCW
program, visit the National
Center for Bicycling & Walk-
ing's web site ,at:
http://www.bikewalkorg
W
The Pedestrian Design Guide
(in both .html & .pdf) -
Our FREE biweekly e-
newsletter: CenterLines
m
A birect Assistance section
where you can get help on
your own project
3
About The NCBW
The National Center for Bicy-
cling &Walking (NCBW) is
a national, nonprofit [501(c)
(3)] corporation established in
1977. Our mission is to create
bicycle-friendly and walkable
communities.
In 2001, the NCBW was
awarded a multi-year grant
from The Robert Wood John-
professionals working to cre-
ate more activity-friendly
communities. The grant is
part of RWJF's efforts to pro-
vide improved opportunities
for Americans to be physi-
cally active on a daily basis in
the communities where they
live and work.
The NCBW works with local.
son Foundation (RWJF) to
provide information and re-
sources to communities and
state, and national bicycle,
pedestrian, and transportation
advocates to bring about
An on-line calendar of Training
Opportunities
changes in government poli-
cies, programs, and proce-
dures to help create more bi-
cycle friendly and walkable
communities.
You can learn more about
NCBW and our work at
http://www.bikewalk.org.
Page 2 , . NCBW Walkable Community Workshops '
Get Your Copy of Increasing Physical Activijr Through .. Community Desbn
The National Center for
Bicycling & Walking
(NCBW) has just re-
issued its popular guide,
Increasing Physical Ac-
fivity Through Commu-
nity Design. This 48-page
guide focuses on how to
make communities more
bicycle-friendly and walk-
able.
TO order printed Copies,
Use this Onhe form:
, http://sww.bikewalk. available at www.bikewalk.org ' introduction to COmiity make up the entire booklet. .
org/PubHealth. htm.
You can also download the
booklet in the .pdf format, or
view it in your browser using
the links to the right.
The Increasing Physical Acfiv-
ity guide is designed to Provide
Public health Practitioners and
others an introduction to in-
,though better COmunitY de-
Sign, specifically by making
it easier and safer to Walk
and bicycle. It Presents an
design issues, and describes
seven kinds of projects that can help cre-
ate more bicycle-friendly and walkable
communities. It also discusses how such
projects get funded, and presents an array
of resources to help with implementation,
In addition to the print version, the full-
color Increasing Physical Activity guide
is available as both .html (browser view-
able) and as portable document files
(.pdf). You can download the entire book-
let in a single file if you have a reasona-
bly fast connection to the Internet, or you
can download four smaller files which
. creasing physical activity
"Increasing Physical Activity
Through Community Design" is
General Resources
A wealth of resources are available on
the Internet for those who want to
know more about pedestrian facility
design and planning and how to make
their community more walkable.
National Center for Bicycling & Walking
http://www.bikewalk.org
Pedestrian & Bicycle Information Center
http://www.walkinginfo.orgl
America Walks (Coalition of Pedestrian
Advocacy Groups) '
http://www.americawalks.org/
.
Transportation Enhancements
Clearinghouse
http://www.enhancements.org/
Safe Routes to School
http://www.saferoutestoschools.orgl
Walking School Bus
http ://m. cdc .gov/nccdp hpldnpd
kidswalk/
Walk to School Day
http://www.walktoschool-usa.org/ '
US DOT Policy Statemint on Integrating
Bicycling and Walking into Transportation
Infrastructure
http ://www.fhwa.dot .gov/environment/
bikeped/Design.htm
Proposed new ADA guidelines .
http://www.americawalks.org/news/
clippings/prow. htm
..
Good Pedestrian Plans and besign Guidelines (from the PBIC: www. walkinginfo.org)
Portland Pedestrian Master Plan
One of the first comprehensive pedestrian
plans for a city; complemented by a de-
tailed design manual for pedestrian facili-
sites throughout the city, design guide- .
1ines;links to other modes, and more.
www.ci.cambridge.ma.us1-CDD/ .
envirotrandwalkinglpedplan
Florida Pedestrian Facilities Plan-
ning and Design.Handbook
A detailed manual on pedestrian facility
planning and development. Thorough
coverage of planning factors, design de-
tail and more.
wwwl 1 .myflorida.com/Safety/ped-bike/
ped-bike-standards .htm
More examples of good pedestrian plans
Wisconsin Pedestrian Policy Plan
2020
One of the few statewide pedestrian plans
focuses on the policies and programs that
will help improve conditions for walking.
ties.
www.trans.ci.portland.or.us/Pians/
PedestrianMasterPladdefault. htm
Cambridge Pedestrian Plan
BeautifUlb' Produced and thorough plan wuiw.dot.wisconsin.go~/projects/state/ . and design guides:
incorporating specific suggestions for Ded2020.hm www.walkinginfo.orglpp/exemplary.
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
July 20,2004
I I I I
DEPARTMENT:
Police / C.O.P. Unit
Christy Weigel
ITEM DESCRIPTION:
Clerk’s License Application List ITEM NO.:
~LR*
These licenses have been approved by the department heads responsible for the licensed activity.
Cigarette & Tobacco Products
Eden Prairie Jakes, Inc.
DBA: Epic
Temporary Beer
Organization: Eden Prairie Lions Club
Event: Eden Prairie International Festival
Date: July 3 1,2004
Place: Staring Lake Park
-1-
CITY COUNCIL AGENDA
SECTION: Consent
DEPARTMENT/DIVISION: ITEM DESCRIPTION:
Office of City Manager,
Human Resources
DivisionKaren Kurt
Second Reading of Ordinance Amending City
Code Chapter 2 by Adding Section 2.33 relating to
Obtaining Criminal History Information
DATE:
Julv 20.2004
ITEM NO.:
Requested Action
Move to: Approve Second Reading of an Ordinance amending City Code Chapter 2 by adding
Section 2.33 relating to Obtaining Criminal History Information
Synopsis
The first reading of the Ordinance was approved at the July 6,2004, City Council meeting.
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-timeheasonal
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. -2004
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.
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
fi-om work or service with the City.
Subd. 4. Compliance with the Minnesota Criminal Rehabilitation Act, Minnesota
Statutes 5 364.01-364.10. The use of Criminal History Information History Information
shall be subject to the provisions of Minnesota Statutes 9364.01-364.10.
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 fiom 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 July, 2004, and finally read and adopted and ordered published at a regular meeting of the City
Council of said City on the 20th day of Jdy, 2004.
Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor
PUBLISHED in the Eden Prairie News on the day of ,2004.
32
I CITY COUNCIL AGENDA
SECTION: Consent Calendar
DEPARTMENT/DIVISION: ITEM DESCRIPTION:
Engineering
Randy Slick
Final Plat Approval of Fountain Place
DATE:
July 20,2004
ITEM NO.:
\naC,
Requested Action
Move to: Adopt the resolution approving the final plat of Fountain Place.
Synopsis
This proposal, located northwest of Trunk Highway 212 between Fountain Place, Columbine
Road and Prairie Center Drive. The plat consists of 16.5 acres to be divided into three lots and
right-of-way dedication for street purposes. The proposed commercial site will consist of
approximately 124,000 square feet of new retail/restaurant space.
Background Information
The preliminary plat was approved by the City Council May 18, 2004. Second Reading of the
Rezoning Ordinance and final approval of the Developer’s Agreement was completed on July
20,2004.
Approval of the final plat is subject to the following conditions:
e
e
e
e
e
e
e
e
e
e
Receipt of engineering fee in the amount of $1,947.00.
Receipt of street lighting fee in the amount of $23.50.
Prior to release of the final plat, Developer shall provide to the City a current title
insurance policy.
Satisfaction of bonding requirements for the installation of public improvements.
Execution of Special Assessment Agreement for trunk utility improvements and
Columbine Road Improvements.
The requirements as set forth in the Developer’s Agreement.
Provide a list of areas (to the nearest square foot) of all lots, outlots and road right-of-
ways certified by surveyor.
Prior to release of final plat, Developer shall submit a cross-access, parking and
maintenance agreement with owners of Lot 2.
Prior to release of final plat, Developer shall submit a Wetland Plan to the
Environmental Coordinator.
Prior to release of final plat, Developer shall provide proof of filing the Development
Agreement at the County Recorder and/or Registrar of Titles.
Attachments
Drawing of final plat
CITY OF EDEN PRAIRIE
HEN" COTJNTY, MINNESOTA
RESOLUTION NO.
A RESOLUTION APPROVING FINAL PLAT OF
FOUNTAIN PLACE
WHEREAS, the plat of Fountain Place has been submitted in a manner required for planing
land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes
and all proceedings have been duly had thereunder, and
WHEREAS, said plat is in all respects consistent with the City plan and the regulations and
requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie.
NOW, THF,REFORE, BE IT RESOLVED BY THE EDEN PRAIRZE CITY COUNCIL:
A. Plat approval request for Fountain Place is approved upon compliance with the
recommendation of the City Engineer's report on this plat dated July 6,2004.
B. That the City Clerk is hereby directed to supply a certified copy of this resolution
to the owners and subdividers of the above named plat.
C. That the Mayor and City Manager are hereby authorized to execute the certificate
of approval on behalf of the City Council upon compliance with the foregoing
provisions.
ADOPTED by the Eden Prairie City Council on July 20,2004.
ATTEST:
,
Nancy Tyra-Lukens, Mayor
SEAL
Kathleen A. Porta, City Clerk
34 .
I
I
I I
I
I
I
I
I
[
1
I
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar
DEPARTMENTlDIVISION: ITEM DESCRIPTION: ITEM NO.:
Engineering
Randy Slick Village Four
July 20,2004
Final Plat Approval of Eagle Ridge at Hennepin
Requested Action
Moveto: Adopt the resolution approving the final plat of Eagle Ridge at Hennepin
Village Four.
Synopsis
This proposal is located north of TH 212 between Spring Road and Flying Cloud Airport. The
plat consists of 39.6 acres to be divided into 116 residential lots, twelve outlots and right-of-way
dedication for street purposes. Outlots J, K, and L will be developedreplatted at a later date.
This is a replat of Outlot B, Eagle Ridge at Hennepin Village Three.
Background Information
The preliminary plat was approved by the City Council March 18,2004. Second Reading of the
Rezoning Ordinance and final approval of the Developer’s Agreement was completed on May
20,2003.
Approval of the final plat is subject to the following conditions:
Receipt of engineering fee in the amount of $5,684.00.
Receipt of street sign fee in the amount of $1,08 1.25.
Prior to release of the final plat, Developer shall provide to the City a current title
insurance policy.
Satisfaction of bonding requirements for the installation of public improvements.
Execution of Special Assessment Agreement for trunk utility improvements.
The requirements as set forth in the Developer’s Agreement.
Provide a list of areas (to the nearest square foot) of all lots, outlots and road right-of-
ways certified by surveyor.
Prior to release of final plate, Developer shall submit a sidewalk and trail easement
(along Liatris Lane) for review and approval by the Director of Parks and Recreation
Services.
Attachments
Drawing of final plat
r
EA GLE RIDGE A T HENNEPIN VILLA GE FqUR IRJ. DOC. NO..
I
.I -,--
I/.:/1
CITY OF EDEN PRAIRIE
HENNEPJN COUNTY, MZNNESOTA
RESOLUTION NO.
A RESOLUTION APPROVING FINAL PLAT OF
EAGEL RIDGE AT HENNEPIN VILLAGE FOUR
WHEREAS, the plat of Eagle Ridge at Hennepin Village Four has been submitted in a manner
required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the
Minnesota Statutes and all proceedings have been duly had thereunder, and
WHEREAS, said plat is in all respects consistent with the City plan and the regulations and
requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie.
NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL:
A. Plat approval request for Eagle Ridge at Hennepin Village Four is approved upon
compliance with the recommendation of the City Engineer's report on this plat
dated July 20,2004.
B. That the City Clerk is hereby directed to supply a certified copy of this resolution
to the owners and subdividers of the above named plat.
C. That the Mayor and City Manager are hereby authorized to execute the certificate
of approval on behalf of the City Council upon compliance with the foregoing
provisions.
ADOPTED by the Eden Prairie City Council on July 20,2004.
ATTEST:
Nancy Tyra-Lukens, Mayor
SEAL
Kathleen A. Porta, City Clerk
3%
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar
July 20,2004
I
DEPARTMENTlDIVISION: ITEM DESCRIPTION:
Engineering
Randy Slick
Final Plat Approval of Westgate Office Park
ITEM NO.: m ,to
Requested Action
Move to: Adopt the resolution approving the final plat of Westgate Office Park.
Synopsis
This proposal is located north of Venture Lane/State Highway 5 and east of Fuller Road. The
plat consists of 2.6 acres to be divided into four lots. The proposed project will consist of three
town office buildings, with a total of ten units.
Background Information
The preliminary plat was approved by the City Council May 4, 2004. Second Reading of the
Rezoning Ordinance and final approval of the Developer’s Agreement was completed on June
15,2004.
Approval of the final plat is subject to the following conditions:
Receipt of engineering fee in the amount of $3 10.00.
Receipt of street lighting fee in the amount of $7.63.
Prior to release of the final plat, Developer shall provide to the City a current title
insurance policy.
Satisfaction of bonding requirements for the installation of public improvements.
The requirements as set forth in the Developer’s Agreement
Provide a list of areas (to the nearest square foot) of all lots, outlots and road right-of-
ways certified by surveyor
Prior to release of final plat, Developer shall provide an executed cross-access,
parking and utility use and maintenance agreement over proposed Lot 4, Block 1,
Westgate Office Park.
Prior to release of final plat, Developer shall pay connection fee in the amount of
$31,971.80.
Revision to plat shall include the removal of the 20-foot drainage and utility easement
title over the proposed private sanitary sewer.
Prior to release of final plat, Developer shall provide proof of filing the Development
Agreement at the County Recorder andor Registrar of Titles.
Attachments
Drawing of final plat
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO.
A RESOLUTION APPROVING F"AL PLAT OF
WESTGATE OFFICE PARK
WHEREAS, the plat of Westgate Office Park has been submitted in a manner required for
platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota
Statutes and all proceedings have been duly had thereunder, and
WHEREAS, said plat is in all respects consistent with the City plan and the regulations and
requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie.
NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAlRTE CITY COUNCIL:
A. Plat approval request for Westgate Office Park is approved upon compliance with
the recommendation of the City Engineer's report on this plat dated July 20,2004.
B. That the City Clerk is hereby directed to supply a certified copy of this resolution
to the owners and subdividers of the above named plat.
C.
'
That the Mayor and City Manager are hereby authorized to execute the certificate
of approval on behalf of the City Council upon compliance with the foregoing
provisions.
ADOPTED by the Eden Prairie City Council on July 20,2004.
ATTEST:
Nancy Tyra-Lukens, Mayor
SEAL
Kathleen A. Porta, City Clerk
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CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar
July 20,2004
DEPARTMENT/DIVISION: ITEM DESCRIPTION:
Engineering
Randy Slick Addition
Final Plat Approval of Southwest Station 3'd
ITEM NO.:
VV .E
Requested Action
Moveto: Adopt the resolution approving the final plat of Southwest Station 3'd
Addition.
Synopsis
This proposal is located north of Technology Drive and west of Prairie Center Drive. The plat
consists of 8.7 acres to be divided into three lots. The planned project will consist of 234
apartment within three buildings. This is a replat of Lot 6, Block 1, Southwest Station 2nd
Addition.
Background Information
The preliminary plat was approved by the City Council October 1,2002. Second Reading of the
Rezoning Ordinance and final approval of the Developer's Agreement was completed on
November 12,2002.
Approval of the final plat is subject to the following conditions:
0 Receipt of engineering fee in the amount of $1,028.96.
0 Prior to release of the final plat, Developer shall provide to the City a current title
insurance policy.
The requirements as set forth in the Developer's Agreement
0 Revision to plat shall include expanded drainage and utility easement to the 100-year
flood elevation of Purgatory Creek.
Attachments
Drawing of final plat
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2004-
A RESOLUTION APPROVING FINAL, PLAT OF
SOUTHWEST STATION 3RD ADDITION
WHEREAS, the plat of Southwest Station 3rd Addition has been submitted in a manner required
for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Miimesota
Statutes and all proceedings have been duly had thereunder, and
WHEREAS, said plat is in all respects consistent with the City plan and the regulations and
requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie.
NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL:
A. Plat approval request for Southwest Station 3rd Addition is approved upon
compliance with the recommendation of the City Engineer's report on this plat
dated July 20,2004.
B. That the City Clerk is hereby directed to supply a certified copy of this resolution
to the owners and subdividers of the above named plat.
C. That the Mayor and City Manager are hereby authorized to execute the certificate
of approval on behalf of the City Council upon compliance with the foregoing
provisions.
ADOPTED by the Eden Prairie City Council on July 20,2004.
ATTEST:
Nancy Tyra-Lukens, Mayor
SEAL
Kathleen Porta, City Clerk
43
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CITY COUNCIL AGENDA
SECTION: Consent Calendar
DEPARTMENT/DIVISION: ITEM DESCRIPTION:
Engineering
Randy Slick
Final Plat Approval of Settlers West
DATE:
July 20,2004
ITEM NO.: m 06,
Requested Action
Move to: Adopt the resolution approving the final plat of Settlers West
Synopsis
This proposal is located south of Pioneer Trail and north of Vogal Farm Trail. The plat consists of 11
acres to be divided into ten single family lots, four outlots and right-of-way dedication for street purposes.
The proposed plat is part of a larger plat (56 acres) which includes the City of Chanhassen. This plat may
be combined into one HennepiidCarver County plat at a later date. This is a replat of Lot 1, Block 1,
Dorenkemper Estates.
Background Information
The preliminary plat was approved by the City Council May 4,2004. Second Reading of the Rezoning
Ordinance and final approval of the Developer’s Agreement was completed on July 6,2004.
Approval of the final plat is subject to the following conditions:
0
0
0
0
0
Receipt of engineering fee in the amount of $539.00.
Receipt of street lighting fee in the amount of $35.42.
Receipt of street sign fee in the amount of $1,086.75.
Prior to release of the final plat, Developer shall provide to the City a current title insurance
policy.
Satisfaction of bonding requirements for the installation of public improvements.
Execution of Special Assessment Agreement for trunk utility improvements.
The requirements as set forth in the Developer’s Agreement.
Provide a list of areas (to the nearest square foot) of all lots, outlots and road right-of-ways
certified by surveyor.
Prior to release of final plat, Developer shall provide documentation for the dedication of
proposed Outlots A, C and D, Settlers West to the City for wetland preservation purposes.
Prior to release of final plat, Developer shall furnish proof of the recording of an agreement
(Erosion Control and Maintenance of Outlot F) between Developer and City of Chanhassen.
Prior to release of final plat, Developer shall submit proof that the Cooperative Agreement
has been filed with Carver County.
Prior to release of final plat, Developer shall submit a Wetland Plan to the Environmental
Coordinator for approval.
Prior to release of final plat, Developer shall donate $1 72,4 13.37 to the City.
Prior to release of final plat, Developer shall provide proof of filing the Development
Agreement at the County Registrar and/or Registrar of Titles.
Attachments
Drawing of final plat
45
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO.
A RESOLUTION APPROVING FINAL PLAT OF
SETTLERS WEST
WHEREAS, the plat of Settlers West has been submitted in a manner required for platting land
under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all
proceedings have been duly had thereunder, and
WHEREAS, said plat is in all respects consistent with the City plan and the regulations and
requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie.
NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL:
A. Plat approval request for Settlers West is approved upon compliance with the
recommendation of the City Engineer's report on this plat dated July 20,2004.
B. That the City Clerk is hereby directed to supply a certified copy of this resolution
to the owners and subdividers of the above named plat.
C. That the Mayor and City Manager are hereby authorized to execute the certificate
of approval on behalf of the City Council upon compliance with the foregoing
provisions.
ADOPTED by the Eden Prairie City Council on July 20,2004.
ATTEST:
Nancy Tyra-Lukens, Mayor
SEAL
Kathleen A. Porta, City Clerk
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CITY COUNCIL AGENDA
SECTION: Consent Agenda
DATE:
July 20,2004
~ I I
DEPARTMENT/DIVISION: ITEM DESCRIPTION:
Community Development/Planning
Michael D. Franzen Flying Cloud Mall
1 ITEMNO.:
Requested Action
Move to:
e Approve 2nd Reading of the Ordinance for PUD District Review and rezoning from Commercial
Highway and 1-2 to Neighborhood Commercial; and
e Adopt the Resolution for Site Plan Review on 2.96 acres; and
e Approve the Development Agreement for Flying Cloud Mall; and
Approve and Authorize Issuance of a Grading Permit for Flying Cloud Mall, subject
to release by the City Engineer upon determination that the final contract documents
conform to plans stamp dated June 15,2004, as approved by the City Council.
Synopsis
This is a 25,000 square foot retail mall.
Attachments
1. Ordinance for PUD District Review
2. Resolution for Site Plan Review
3. Developer Agreement
FLYING CLOUD MALL
CITY OF EDEN PRAIRJX
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING
CERTAIN LAND FROM ONE ZONING DISTIUCT 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 fiom the
Commercial Highway District and be placed in the Neighborhood Commercial District.
Section 3. The proposal is hereby adopted and the land shall be, and hereby is
removed fiom the Commercial Highway District and shall be included hereafter in the
Neighborhood Commercial 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 20,2004, entered into between Kleve Properties, LLC,
and the City of Eden Prairie, and which Agreement are hereby made a part hereof.
Section 6. This 0rdi.nance 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
15th day of June, 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 20th day of July,
2004.
ATTEST:
Kathleen A. Porta, City Clerk Nancy Tyra-Lukens, Mayor
PUBLISHED in the Eden Prairie Sun Current on
EXHIBIT A
Legal Description - Flying Cloud Mall
Lot 1, Block 2, Augusta Addition, Hennepin County , Minnesota
AND
Lot 1, Block 1 , M & K Addition, Hennepin County, Minnesota
AND
The West 160 feet of that part of the Southeast 1/4 of the Northeast 1/4 of Section 27, Township
116, Range 22 described as follows: Commencing on the North line of said Section 27 at a point
330.00 feet (5 chains) West of the Northeast comer of said Section; thence South parallel with
the East line of said Section 3300.00 feet (50 chains) to the South line of the North 1/2 of the
Northeast 1/4 of the Southeast 1/4 of said Section 27; thence West 660.00 (10 chains) to the west
line of the east 990.00 feet of said Southeast 1/4 of the Northeast 1/4; thence North 3300.00 feet
(50 chains); thence East 660.00 (10 chains) to the place of beginning, EXCEPT that part lying
South of the North line of the South 114 of the Northeast 114 of Section 27 and EXCEPT that part
lying North of the Southerly line of Registered Land Survey No. 791. Subject to road easement
over the Northerly 33 feet thereof.
FLYING CLOUD MALL
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 REFEWCNCE CITY CODE
CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS,
CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA,
ORDAINS:
Summary: This ordinance allows rezoning of land located at Pioneer Trail and
Highway 212, fiom Commercial Highway to Neighborhood Commercial 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.)
FLYING CLOUD MALL
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2004-
A RESOLUTION GRANTING SITE PLAN APPROVAL
FOR FLYING CLOUD MALL
BY KLEVE PROPERTIES, LLC
WHEREAS, Kleve Properties, LLC, has applied for Site Plan approval of Flying Cloud
Mall to construct 25,000 square foot retail building, by an Ordinance approved by the City
Council on July 20,2004; and
WHEREAS, the Community Planning Board reviewed said application at a public
hearing at its May 24,2004 meeting and recommended approval of said site plans; and
WHEREAS, the City Council has reviewed said application at a public hearing at its
June 15,2004 meeting.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL
OF THE CITY OF EDEN PRAIRIE, that site plan approval be granted to Flying Cloud Mall
based on the developer agreement between Kleve Properties, LLC and the City of Eden Prairie,
reviewed and approved by the City Council on July 20,2004.
ADOPTED by the City Council of the City of Eden Prairie this 20th day of July, 2004.
Nancy Tyra-Lukens, Mayor
ATTEST:
Kathleen A. Porta, City Clerk
DEVELOPMENT AGREEMENT
FLYING CLOUD MAI;L *
THIS DEVELOPMENT AGREEMENT ("Agreement") is entered into as of July 20,2004,
by Kleve Properties, LLC, a Limited Liability Company, 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, D eveloper h as applied to C ity for Guide P lan Change from Industrial to
Neighborhood Commercial on 2.96 acres, Planned Unit Development Concept Review on 2.96
acres, Planned Unit Development District Review on 2.96 acres, Zoning District Change fkorn C-
HWY to Neighborhood Commercial on .65 acres and zoning District Change fiom 1-2 to
Neighborhood Commercial on 2.3 1 acres, Site Plan Review on 2.96 acres, and Preliminary Plat of '
2.96 acres into 1 lot, legally described on Exhibit A (the "Property");
NOW, THEREFORE, in consideration of the City adopting Resolution N0.2004-96 for
Guide Plan Change, Resolution No. 2004-97 for Planned Unit Development Concept Review,
Ordinance No. for Planned Unit Development District Review and Zoning District
Change fkom to on acres, Resolution No. for Site
Plan Review, and Resolution No. 2004-98 for Preliminary Plat, Developer agrees to construct,
develop and maintain the Property as follows:
1. PLANS: Developer shall develop the Property in conformance with the materials revised
and stamp dated, reviewed and approved by the City Council on June 15,2004,
(hereinafter the "Plans") and identified on Exhibit By subject to such changes and modifications as
provided herein.
2. EXl3IBJ.T C: Developer agrees to the terms, covenants, agreements, and conditions set
forth in Exhibit C.
3. DEVELOPER'S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a
violation of City Code relating to use of the Land construction thereon or failure to fulfill an
obligation imposed upon the Developer pursuant to this Agreement, City shall give 24 hour
notice of such violation in order to allow a cure of such violation, provided however, City
need not issue a building or occupancy permit for construction or occupancy on the Land
while such a violation is continuing, unless waived by City.
The existence of a violation of City Code or the failure to perform or fulfill an obligation
required by this Agreement shall be determined solely and conclusively by the City Manager
of the City or a designee.
4. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall
release, defend and indemnify City, its elected and appointed officials, employees and agents
from and against any and all claims, demands, lawsuits, complaints, loss, costs (including
attorneys' fees), damages and injunctions relating to any acts, failures to act, errors,
omissions of Developer or Developer's consultants, contractors, subcontractors, suppliers and
agents. Developer shall not be released from its responsibilities to release, defend and
indemnify because of any inspection, review or approval by City.
5. EXTERIOR MATERIALS: Prior to building permit issuance, Developer shall submit to
the City Planner, and receive the City Planner's written approval of a plan depicting exterior
materials and colors to be used on the buildings on the Property.
Prior to issuance of any occupancy permit for the Property, Developer shall complete
implementation of the approved exterior materials and colors plan in accordance with the
terms and conditions of Exhibit Cy attached hereto.
'
6. 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 togetherwith 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 shall submit to 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 andor
proposed sedimentation pond during construction. Upon request by the City,
Developer shall provide preconstruction and post construction surveys for evaluation
by City.
7. IRRIGATION PLAN: Developer shall submit to the City Planner and receive the City
Planner's written approval of a plan for irrigation of the landscaped areas on the Property.
The irrigation plan shall be designed so that water is not directed on or over public trails and
sidewalks.
Developer shall complete implementation of the approved irrigation plan in accordance with
the terms and conditions of Exhibit C prior to issuance of any occupancy permit for the
Property.
8. LANDSCAPE PLAN: Prior to building permit issuance, the Developer shall submit to the
City Planner and receive the City Planner's written approval of a final landscape plan for the
Property depicting a total of caliper inches. The approved landscape plan shall be
consistent with the quantity, type, and size of plant materials shown on the landscape plan on
the Plans. Developer shall furnish to the City Planner and receive the City Planner's approval
of a landscape bond equal to 150% of the cost of said improvements as required by City
Code.
Prior to issuance of any occupancy permit for the Property, Developer shall complete
implementation of the approved landscape plan in accordance with the terms and conditions
of Exhibit C.
9. MECHANICAL EQUIPMENT SCREENING: Developer shall submit to the City
Planner, and receive the City Planner's written approval of a plan for screening of mechanical
equipment on the Property. For purposes of this paragraph, "mechanical equipment"
includes gas meters, electrical conduit, water meters, and standard heating, ventilating, and
air-conditioning units. Security to guarantee construction of said screenhg shall be included
with that provided for landscaping on the Property, in accordance with City Code
requirements. D eveloper shall complete implementation o f t he approved plan prior to
issuance of any occupancy pennit for the Property.
If, after completion of construction of the mechanical equipment screening, it is determined
by the City Planner, in his or her sole discretion, that the constructed screening does not meet
the Code requirements to screen mechanical equipment from public streets and differing,
adjacent land uses, then the City Planner shall notify Developer and Developer shall take
corrective action to reconstruct the mechanical equipment screening in order to cure the
deficiencies identified by the City Planner. Developer agrees that the City will not release
the security provided until Developer completes all such corrective measures.
10. SIGNS: Developer agrees that for each sign which requires a permit by Eden Prairie City
Code, Section 1 1.70, Developer shall file with the City Planner and receive the City Planner's
written approval of an application for a sign permit. The application shall include a complete
description of the sign and a sketch showing the size, location, the manner of construction,
and other such information as necessary to inform the City of the kind, s ize, material
construction, and location of any such sign, consistent with the sign plan shown on the Plans
and in accordance with the requirements of City Code, Section 11.70, Subdivision 5a.
11. SITE LIGHTING: Prior to building permit issuance, Developer shall submit to the City
Planner and receive the City Planner's written approval of a plan for site lighting on the
Property. All pole lighting shall consist of downcast shoebox fixtures not to exceed 20 feet
in height. Developer shall complete implementation of the approved lighting plan prior to
issuance of any occupancy permit for the Property.
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 2.33 acres in the amount of $12,838.30 and for Pioneer
Trail Improvements in the amount of $ 85,000.00.
12.
13. TRASH: Developer agrees that all trash, trash receptacles and recycling bins shall at all
times be located inside of the building enclosures depicted on the Plans.
14. CONNECTION FEES: Prior to release of a final plat for any portion of the Property,
Developer shall pay connection fees for sanitary sewer and water main in the amount of
$48,737.50.
15. GRADING ON METROPOLITAN AIRPORT COMMISSION (MAC) PROPERTY:
Prior to my grading on property owned by the Metropolitan Auport Commission (MAC), the
Developer shall acquire written permission for said grading and Developer shall submit proof
of the permission to the City Engineer.
IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be
executed as of the day and year aforesaid.
CITY OF EDEN PRAIRIE
Nancy Tyra-Lukens
Its Mayor
BY
Scott H. Neal
Its City Manager
BY
Its
STATE OF MINNESOTA ) '
COUNTY OF HENNEPIN )
) ss.
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 )
COUNTY OF HENNEPIN )
.. ) ss.
,2004, by The foregoing instrument was acknowledged before me this 7 ffl day of TUA Y
Minnesota Limited Liability Company, on behalf of the company. n
bdjw ~LEVE ,the kk ESLUEJVT ,of .KLGVE FRQPF/~T IFS L LC ,a
Notb Public
LYLA M.FAUBLE
EXHIBIT A
DEVELOPMENT AGREEMENT - FLYING CLOUD MALL
Lot 1 , Block 2, Augusta Addition, Hennepin County , Minnesota
AND
Lot 1, Block 1, M & K Addition, Hennepin County, Minnesota
AND
The West 160 feet of that part of the Southeast 1/4 of the Northeast 1/4 of Section 27, Township 116,
Range 22 described as follows: Commencing on the North line of said Section 27 at apoint 330.00
feet (5 chains) West of the Northeast corner of said Section; thence South parallel with the East line
of said Section 3300.00 feet (50 chains) to the South line of the North 1/2 of the Northeast 1/4 of the
Southeast 1/4 of said Section 27; thence West 660.00 (10 chains) to the west line ofthe east 990.00
feet of said Southeast 1/4 of the Northeast 1/4; thence North 3300.00 feet (50 chains); thence East
660.00 (10 chains) to the place of beginning, EXCEPT that part lying South of the North line of the
South 114 of the Northeast 1/4 of Section 27 and EXCEPT that part lying North of the Southerly line
of Registered Land Survey No. 791. Subject to road easement over the Northerly 33 feet thereof
EXHIBIT B
DEVELOPMENT AGREEMENT - FIYING CLOUD MALL
Preliminary Grading, Drainage and Erosion Control Plan stamp dated 04/02/04 by Schoell &
Madson, Inc.
Preliminary Utility Plan stamp dated 04/02/04 by Schoell & Madson, Inc.
Details plan stamp dated 04/02/04 by Schoell & Madson, Inc.
Landscape plan along Pioneer Trail stamp dated 04/02/04 by Gustafkon Design, Inc.
Site Lighting plan stamp dated 04/02/04 by Laketown Electric Corporation
Site Plan stamp dated 04/02/04 by Steiner Construction Services
Floor Plan stamp dated 04/02/04 by Steiner Construction Services
Scheme A elevations stamp dated 04/02/04 by Steiner Construction Services
Scheme B elevations stamp dated 04/02/04 by Steiner Construction Services
Wall Sections A4 stamp dated 04/02/04 by Steiner Construction Services
Wall Sections A5 stamp dated 04/02/04 by Steiner Construction Services
'
VI. The Developer hereby irrevocably nominates, constitutes, and appoints and designates the
City as its attorney-in-fact for the sole purpose and right to amend Exhibit A hereto to
identify the legal description of the Property after platting thereof.
.. VII. Developer represents that it has marketable fee title to the Property, except:
INSERT ANY X4.M.E/COMI?ANy LISTED IN ANY OWNER'S SUPPLEMENT
TO THE DEVELOPER'S AGREEMENT)
With respect to any interest in all portions of the Property which Developer is required,
pursuant to this Agreement, to dedicate or convey to the City (the "Dedicated Property"),
Developer represents and warrants as follows now and at the time of dedication or
conveyance:
EXHIBIT C
DEVELOPMENT AGREEMENT -FLYING CLOUD MALL
I. Prior to release of any building permit, Developer shall submit to the City Engineer for
approval two copies of a development plan (1" =loo' 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 cask 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. IfDeveloper 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 andor
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.
Provisions of this Agreement shall be binding upon and enforceable against the Property
and the Owners, their successors and assigns of the Property.
V.
'A. That Developer has marketable fee title fiee and clear of all mortgages, liens, and
other encumbrances. Prior to final plat approval, Developer shall provide to the City
a current title insurance policy insuring such a condition of title.
B. That Developer has not used, employed, deposited, stored, disposed of, placed or
otherwise allowed to come in or on the Dedicated Property, any hazardous substance,
hazardous waste, pollutant, or contaminant, including, but not 1 imited t 0, those
defined in or pursuant to 42 U.S.C. $9601, et. seq., or Minn. Stat., Sec. 115B.01, et.
seq. (such substances, wastes, pollutants, and contaminants hereafter referred to as
"Hazardous Substances ") ;
C. That Developer has not allowed any other person to use, employ, deposit, store,
dispose of, place or otherwise have, in or on the Property, any Hazardous Substances.
D. That no previous owner, operator or possessor of the Property deposited, stored,
disposed of, placed or otherwise allowed in or on the Property any hazardous
substances.
Developer agrees to indemnify, defend and hold harmless City, its successors and assigns,
against any and all loss, costs, damage and expense, including reasonable attorneys fees and
costs that the City incurs because of the breach of any of the above representations or
warranties and/or resulting fiom 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.
Vm. 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.
M.
X.
XI.
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.
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.
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 m ade h erein, C ity may b e w ithout an adequate remedy at 1 aw.
Developer agrees, therefore, that in the event Developer violates, fails, or refuses to perform
any covenant, condition, or provision made herein, City may, at its option, institute and
prosecute an action to specifically enforce such covenant, withhold building permits or
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
61
other remedy.
m.
m.
XIV.
XV.
XVI.
XVII.
Developer shall, prior to the commencement of any improvements, provide written notice to
Time Warner Cable, a Minnesota Limited Partnership, the fianchisee 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 5541 1.
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.
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.
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.
The City shall not issue any building permit for the construction of any building, structure, or
improvement o n the P roperty until a 11 r equirements 1 isted i n this E xhibit C h ave b een
satisfactorily addressed by Developer.
No failure of the City to comply with any term, condition, covenant or agreement herein shall
subject the City to liability for any claim for damages, costs or other financial or pecuniary
charges. No execution on any claim, demand, cause of action or judgment shall be levied
upon or collected fiom the general credit, general fund or taxing powers of the City.
Xvm. Prior to issuance of the fust building permit for the Property, Developer shall permanently
demarcate the location of the boundary of the conservation easement on each lot property
line or comer with permanent four-foot tall posts. A 2 ‘/z by 6 inch sign or decal reading
“Scenic/Conservation Easement Boundary, City of Eden Prairie”, will be affixed to the top of
the post.
xD(. Within 10 days of the aFproval 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.
EXHIBIT D
1.
2.
3.
4.
.. 5.
6.
DEVELOPMENT AGREEMENT -FLYING CLOUD MALL
EROSION CONTROL POLICY - AUGUST 1,1997
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.
All erosion control systems stipulated in the permit application shall be installed prior to the
issuance of the permit. Supplemental erosion control systems ordered bythe City Engineer
or the Director of Inspections shall be installed within 48 hours of that order.
The applicant must maintain all erosion control systems in a fimctional condition until the
completion of turf andor 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.
Best Management Practices (l3MP'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 fime stipulated in the permit special conditions or as ordered by the City
Engineer or the Director of Inspections.
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 fi-om 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 bail, 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.
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 andor the issuance of a Certificate of
Occupancy or other approvals.
b. Direct the correction of the deficiency by City personnel or separate contract.
c. Withhold the issuance of building permits
d. At its option, institute and prosecute an action to enjoin violations of this Agreement
andor 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
Owner's Signature
By: NOT TO BE SIGNED
Applicant's Signature
Lot: Block: DEVELOPMENT NAME:
OWNER INFORMATION OWNER (P~T):
ADDRESS
CITY
EXHIBIT E
DEVELOPMENT AGREEMENT -FLYING CLOUD MALL
AGREEMENT REGARDING SPECIAL ASSESSMENTS
THIS IS AN AGREEMENT MADE THIS - day of
City of Eden Prairie, a municipal corporation, (the "City") and
a Minnesota (the "Owner").
,2004, between the
A. The Owner holds legal and equitable title to property described as
, Hennepin County, Minnesota, which property is the
subject of this Agreement and is hereinafter referred to as the "Property".
B. The owner desires to develop the property in such a manner that relies upon and
requires the construction of the following public improvements:
1. City's trunk utility system, including trunk sanitary sewers, trunk watemains,
wells and elevated storage facilities, (all of which is hereafter referred to as the "Trunk
Improvements).
2. Street, curb and gutter, drainage and storm sewer, and trail improvements for
Pioneer Trail Improvements, (all of which is hereafter referred to as "Pioneer Trail
Improvements") .
C. The parties hereto desire to enter into an Agreement concerning the financing of the
construction of the Improvements all of which will inure to the benefit of the Property.
AGREEMENTS
IT IS HEREBY AGREED as follows:
1. The Owner consents to the levying o fa ssessments a gainst the P roperty for the
construction, and maintenance of the Trunk Improvements and Pioneer Trail Improvements as
follows:
a). The Property will be assessed for Trunk Improvements on 2.33 acres in an amount
of $12,838.30.
b). The Property will be assessed for the Pioneer Trail Improvements in an amount
not to exceed $85,000.00.
2. The City will prepare a Pioneer Trail Feasibility Study that shows proposed costs to
be assessed against the Property and additional amounts to other lands for the Pioneer Trail
Improvements. The actual cost to be assessed against the Property for the Pioneer Trail
Improvements may differ from lhe amount in the Feasibility Study but shall not exceed the amount
specified in paragraph 1. Actual costs to be assessed against the Property for the Pioneer Trail
Improvements shall be determined in the same manner as reported in the Feasibility Study with
respect to these improvements.
3. For purposes of determining the amount of the assessments, the costs of the Pioneer
Trail Improvements shall include, in addition to actual construction costs, administrative, interest
and engineering costs and fees incurred or paid by the City in relationship to construction of the
Pioneer Trail Improvements and costs incurred for acquisition of easements and or right-of-way,
including attorney fees.
4. The City's assessment records for the Property will show the assessments as a
"pending assessment" until levied.
5. The Owner waives notice of any assessment hearing to be held at which hearing or
hearings the assessment is to be considered by the City Council and thereafter approved and levied.
6. The Owner concurs that the benefit to the Property by virtue of the Improvements to
be constructed exceeds the amount of the assessment to be levied against the Property. The Owner
waives all rights it has by virtue of Minnesota Statute 429.081 or otherwise to challenge the amount
or validity of the assessments, or the procedures used by the City in apportioning the assessments and
hereby releases the City, its officers, agents and employees from any and all liability related to or
arising out of the imposition or levying of the assessments.
7. This agreement shall be effective immediately.
OWNER CITY OF EDEN PRAIRIE
A Minnesota A Minnesota Municipal Corporation
By: NOT TO BE SIGNED By: NOT TO BE SIGNED
Nancy Tyra-Lukens
Its Mayor
By: NOT TO BE SIGNED
Scott H. Neal,
Its City Manager
STATE OF MINNESOTA )
COUNTY OF HENNEPIN )
) ss.
The foregoing instrument was acknowledged before me this day of 9
2004, by Nancy Tyra-Lukens, the Mayor, and Scott H. Neal, the City Manager, of the City of Eden
Prairie, a Minnesota municipal corporation, on behalf of the corporation.
Notary Public
STATE OF MINNESOTA )
COUNTY OF HENNEPIN )
) ss.
The foregoing instrument was acknowledged before me this day of ? 2004, by the
, a Minnesota , on behalf of the
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344
CITY COUNCIL AGENDA
SECTION: Consent Agenda
DEPARTMENTDMSION:
Community Developmenfllamhg
Janet Jeremiah
Scott A. Kipp
ITEM DESCRIPTION:
Fountain Place Retail
ITEM NO.: yV.T.
Requested Action
Move to:
0
0
Approve 2nd Reading of the Ordinance for Planned Unit Development District Review and
Zoning District Change from Rural to Commercial Regional Service on 12.8 acres; and
Adopt the Resolution for Site Plan Review on 12.8 acres; and
Approve the Development Agreement for Fountain Place Retail.
Synopsis
This is for a 113,000 square foot development of retail and restaurant uses.
Background
The Ordinance and the Resolution take effect no later than June 22, 2004 based on NAP Fountain
Place LLC delivering a fully executed and acknowledged Development Agreement.
A portion of the Fountain Place Retail development includes land owned by the City of Eden Prairie.
Closing on sale of the land is scheduled for July 21,2004. NAP Fountain Place LLC and City desire
an approval of the project prior to the sale of the land.
This arrangement is similar to the Costco project, whereby the Ordinance for rezoning and
Resolution for site plan review have been prepared with the following conditions.
0 The approvals granted by the City as set forth in the Ordinance and Resolution are
contingent upon receipt by the City Attorney no later than September 1,2004 of evidence
that NAP Fountain Place, LLC, has acquired fee title ownership to all of the property.
The approvals granted by the City include rezoning the land from the Rural Zoning
District to the Commercial Regional Service Zoning District and including the land in the
Planned Unit Development PUD-11-2004-Commercial Regional Service.
The Ordinance and Resolution become effective from and after passage, publication of the
Ordinance and receipt by the City Attorney of the required title evidence as set forth above.
Publication will not occur until the City Attorney has received the title evidence. If the City
does not receive the title evidence by September 1,2004, the approvals granted are null and
void.
Attachments
1. Ordinance for PUD District Review and Zoning District Change
2. Resolution for Site Plan Review
3. Development Agreement
FOUNTAIN PLACE RETAIL
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 18-2004-PUD-11-2004
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING
CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER,
AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND,
ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99
WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Section 1. That the land which is the subject of this Ordinance (hereinafter, the
“land”) is legally described in Exhibit A attached hereto and made a part hereof.
Section 2. That action was duly initiated proposing that the land be removed from the
Rural Zoning District and be placed in the Planned Unit Development Commercial Regional
Service Zoning District 18-2004-PUD-11-2004 (hereinafter “PUD-11-2004-C-Reg-Ser”).
Section 3. The land shall be subject to the terms and conditions of that certain
Development Agreement dated as of July 20,2004, entered into between NAP Fountain Place
LLC, and the City of Eden Prairie, (hereinafter “Development Agreement”). The Development
Agreement contains the terms and conditions of PUD-11-2004-C-Reg-Ser, and are hereby made
a part hereof.
Section 4. The City Council hereby makes the following findings:
A. PUD-11-2004-C-Reg-Ser is not in conflict with the goals of the Comprehensive
Guide Plan of the City.
B. PUD-11-2004-C-Reg-Ser is designed in such a manner to form a desirable and
unified environment within its own boundaries.
C. The exceptions to the standard requirements of Chapters 11 and 12 of the City
Code that are contained in PUD-11-2004-C-Reg-Ser are justified by the design of
the development described therein.
D. PUD-11-2004-C-Reg-Ser is of sufficient size, composition, and arrangement that
its construction, marketing, and operation are feasible as a complete unit without
dependence upon any subsequent unit.
Section 5. Contingent upon receipt and acceptance by the City Attorney no later than
September 1,2004 of a pro-forma title insurance commitment or “marked up title commitment ”
(hereinafter referred to as the “Title Evidence”) executed on behalf of Commonwealth Land Title
Insurance Company evidencing current fee title ownership of the land in NAP Fountain Place,
LLC, the proposal is hereby adopted and the land shall be, and hereby is removed from the Rural
Zoning District, and placed in the Commercial Regional Service Zoning District and shall be
included hereafter in the Planned Unit Development PUD-11-2004-C-Reg-Ser and the legal
descriptions of land in each district referred to in City Code Section 11.03, subdivision 1,
subparagraph By shall be and arz amended accordingly.
Section 6. City Code Chapter 1 entitled “General Provisions and Definitions
Applicable to the Entire City Code Including Penalty for Violation” and Section 11.99 entitled
“Violation a Misdemeanor” are hereby adopted in their entirety by reference, as though repeated
verbatim herein.
Section 7. This Ordinance shall become effective from and after its passage,
publication and receipt by the City Attorney of the Title Evidence required in Section 5 above.
Publication shall not occur until the City Attorney has received and accepted the Title Evidence.
If the City Attorney does not receive the Title Evidence as set forth in Section 5 above by
September 1,2004, the approvals granted herein are null and void.
I
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the
18th day of May, 2004, and finally read and adopted and ordered published in summary fom as
attached hereto at a regular meeting of the City Council of said City on the 20th day of July,
2004.
ATTEST:
Kathleen A. Porta, City Clerk Nancy Tyra-Lukens, Mayor
PUBLISHED in the Eden Prairie Sun Current on
76
EXHIBIT A
Legal Description - Fountain Place Retail
Zoning District Change
Parcel 1:
That part of the Westerly 160.3 1 feet measured along the North line thereof of that part of the
Southwest Quarter of the Southwest Quarter of Section 14, Township 116, Range 22
described as follows: Commencing at the Northeast corner of said Southwest Quarter of the
Southwest Quarter; thence South along the East line of said Southwest Quarter of the
Southwest quarter a distance of 396.6 feet to the Northerly right-of-way line of State
Highway Numbers 212 and 169; thence Southwesterly along said right-of-way line a distance
of 337.5 feet; thence North and parallel with the East line of said Southwest Quarter of the
Southwest Quarter a distance of 605 feet to the North line of said Southwest Quarter of the
Southwest Quarter; thence East along said North line 260 feet to point of commencement;
Which lies Northwesterly of a line run parallel with and distant 25 feet Northwesterly of Line
1 described below:
Line 1:
Beginning at a point on the East and West Quarter line of said Section 14, distant
2,557.59 feet West of the East Quarter comer thereof; thence run Southwesterly at an
angle of 45 degrees 57 minutes 00 seconds fiom said East and West Quarter line
(measured fiom West to South) for 25 1.40 feet; thence deflect to the left at an angle of 07
degrees 34 minutes 00 seconds for 1,463.47 feet; thence deflect to the right at an angle of
14 degrees 28 minutes 44 seconds for 1,127.85 feet and there terminating;
Except that part thereof which lies Southerly of a line run parallel with and distant 75 feet
Northwesterly of Line 2 described below:
Line 2:
Beginning at a point on the South line of said Section 14, distant 222.91 feet East of the
Southwest comer thereof; thence run Northeasterly at an angle of 36 degrees 50 minutes
54 seconds from said South section line (measured fiom East to North) for 1,419.89 feet
and there terminating.
Also, except that part of the herein before described tract adjoining and northerly of the
above described strip, which lies Southeasterly of the following described line:
From a point on Line 2 described above, distant 115 feet Southwesterly of its point of
termination, run Northwesterly at right angles to said Line 2 for 75 feet to the point of
beginning of the line to be described; thence run Westerly to a point distant 110 feet
Northwesterly (measured at right angles) of a point on said Line 2, distant 200 feet
Southwesterly of its point of termination; thence run Southwesterly parallel with said Line 2
for 100 feet and there terminating.
Parcel 2:
That part of the Southwest Quarter of the Southwest Quarter of Section 14, Township 116,
Range 22, lying Westerly aid Northwesterly of the following described line: Commencing
at the intersection of the South line of said Quarter Quarter with the Northwesterly right-of-
way line of former State Highway No. 5, now State Highway No. 169; thence Northeasterly
along said Northwesterly right-of-way line to a point distance 452 feet East (as measured at
right angles) of the West line of said Southwest Quarter of the Southwest Quarter; thence
Northwesterly at right angles to said right-of-way, 108.90 feet; thence Northeasterly at right
angles a distance of 200 feet; thence Southeasterly at right angles 108.90 feet to said right-of-
way line; thence Northeasterly along said Northwesterly highway line to a point thereon,
distant 260 feet West at right angles from the East line of said Southwest Quarter of the
Southwest Quarter; thence North to a point on the North line of said Southwest Quarter of the
Southwest Quarter distant 260 feet west of the Northeast comer thereof; and said line there
terminating.
Except that part thereof which lies Southeasterly of a line run parallel with and distant 25 feet
Northwesterly of Line 1 described below:
Line 1:
Beginning at a point from the East and West Quarter line of said Section 14, distant
2,557.59 feet West of the East Quarter comer thereof; thence run Southwesterly at an
angle of 45 degrees 57 minutes 00 seconds from said East and West Quarter line
(measured from West to South) for 251.40 feet; thence deflect to the left at an angle of 07
degrees 34 minutes 00 seconds for 1,463.47 feet; thence deflect to the right at an angle of
14 degrees 28 minutes 44 seconds for 1,447.85 feet and there terminating;
Also excepting that part which lies southeasterly of a line run parallel with and distant 110
feet northwesterly of Line 1 described below:
Line 1:
From a point on the north line of Section 23, Township 116, Range 22, distant 222.91
feet east of the northwest comer thereof, run southwesterly at an angle of 36 degrees 50
minutes 54 seconds from said north section line (measured from west to south) for
302.52 feet; thence deflect to the left at an angle of 52 degrees 40 minutes 40 seconds
for 730.35 feet to the point of beginning of the Line 1 to be described; thence run
northerly on the last described course for 100 feet; thence deflect to the right on a
tangential curve having a radius of 1,273.24 feet and a delta angle of 52 degrees 40
72
minutes 40 seconds for 1,170.62 feet; thence on tangent to said curve for 1,092.06 feet
and there terminating.
And also excepting that part thereof embraced within the plat of FOUNTAIN PLACE
APARTMENTS, according to the recorded plat thereof, Hennepin County, Minnesota.
And also excepting that part thereof lying southwesterly of Fountain Place and southeasterly
of Columbine Road, said right-of-ways as dedicated on the plat of FOUNTAIN PLACE
APARTMENTS, according to the recorded plat thereof, Hennepin County, Minnesota.
That part of the following described tracts:
Tract 1:
Tract 2:
That part of the Southeast Quarter of the Southwest Quarter of Section 14,
Township 116, Range 22, lying northerly and westerly of State Highway No. 169
and No. 212, except that part thereof embraced within REGISTERED LAND
SURVEY NO. 423.
That part of the Southwest Quarter of the Southwest Quarter of Section 14,
Township 116, Rmge 22, described as follows: Commencing at the northeast
corner of said Southwest Quarter of the Southwest Quarter; thence South along the
east line of said Southwest Quarter of the Southwest Quarter a distance of 396.6
feet to the northerly right-of-way line of State Highway No. 212 and 169; thence
southwesterly along said right-of-way line a distance of 337.5 feet; thence North
and parallel with the east line of said Southwest Quarter of the Southwest Quarter
a distance of 605 feet to the north line of said Southwest Quarter of the Southwest
Quarter; thence East along said north line 260 feet to the point of commencement,
except the westerly 160.3 1 feet measured along the north line thereof,
Which line northwesterly of a line run parallel with and distant 25 feet northwesterly of Line
1 described below:
Line 1: Beginning at a point on the east and west quarter line of said Section 14, distant
2,557.59 feet west of the east quarter comer thereof; thence run southwesterly at an
angle of 45 degrees 57 minutes 00 seconds fiom said east and west quarter line
(measured fiom west to south) for 25 1.40 feet; thence deflect to the left at an angle
of 07 degrees 34 minutes 00 seconds for 1,463.47 feet; thence deflect to the right at
an angle of 14 degrees 28 minutes 44 seconds for 1,027.85 feet and there
terminating.
Except that part of Tracts 1 and 2 hereinbefore described adjoining and northwesterly of the
above described line which lies southeasterly of the following described line: From a point
on Line 1 described above, distant 400 feet northeasterly of its point of termination, run
northwesterly at right angles to said Line 1 for 25 feet to the point of beginning of the line to
be described; thence run northeasterly to a point distant 30 feet northwesterly (measured at
right angles) of a point on said Line 1, distant 500 feet northeasterly of its point of
73
termination; thence run northeasterly parallel with said Line 1 for 300 feet and there
terminating.
Tracts A, By and C, REGISTERED LAND SURVEY NO. 423.
FOUNTAIN PLACE RETAIL
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
SUMMARY OF
ORDINANCE NO. 18-2004-PUD-11-2004
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING
CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER,
AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND
ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99,
WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Summary: This ordinance allows rezoning of land located west of T.H. 212, east of
Columbine Road, south and east of Castlemoor Drive, from the Rural Zoning District to the
Commercial Regional Service Zoning District on 12.8 acres. Exhibit A, included with this
Ordinance, gives the full legal description of this property.
Effective Date: This Ordinance shall take effect upon publication.
ATTEST:
Kathleen A. Porta, City Clerk Nancy Tyra-Lukens, Mayor
PUBLISHED in the Eden Prairie Sun Current on
(A full copy of the text of this Ordinance is available from City Clerk.)
75
FOUNTAIN PLACE RETAIL,
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, lMI”ES0TA
RESOLUTION NO. 2004-
A RESOLUTION GRANTING SITE PLAN APPROVAL
FOR FOUNTAIN PLACE RETAIL
BY NAP FOUNTAIN PLACE LLC
WHEREAS, NAP Fountain Place LLC, has applied for Site Plan approval of Fountain
Place Retail for a 113,000 square foot development of retail and restaurant uses, by an
Ordinance approved by the City Council on July 20,2004; and
WHEREAS, the Community Planning Board reviewed said application at a public
hearing at its April 26,2004 meeting and recommended approval of said site plans; and
WHEREAS, the City Council has reviewed said application at a public hearing at its
May 18,2004 meeting.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY
COUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval be granted to
Fountain Place Retail based on the Development Agreement between NAP Fountain Place LLC
and the City of Eden Prairie, reviewed and approved by the City Council on July 20,2004,
contingent upon receipt and acceptance by the City Attorney no later than September 1,2004 of
a pro-forma title insurance commitment or “marked up title commitment ” (hereinafter referred
to as the “Title Evidence”) executed on behalf of Commonwealth Land Title Insurance Company
evidencing current fee title ownership of the Fountain Place Retail property in NAP Fountain
Place, LLC.
ADOPTED by the City Council of the City of Eden Prairie this 20th day of July, 2004.
ATTEST:
Kathleen A. Porta, City Clerk
Nancy Tyra-Lukens, Mayor
76
DEVELOPMENT AGREEMENT
Fountain Place Retail
THIS DEVELOPMENT AGREEMENT ("Agreement") is entered into as of July 20, 2004, by NAP
Fountain Place LLC, an Ohio limited liability company, 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 Guide Plan Change from High Density Residential to
Regional Commercial on 2 acres, Planned Unit Development Concept Review on 16.5 acres, Planned Unit
Development District Review with waivers on 12.8 acres, Zoning District Change from Rural to Commercial
Regional Service Zoning District on 12.8 acres, Site PlanReview on 12.8 acres, and Preliminary Plat of 16.5 acres
into 3 lots, legally described on Exhibit A (the "Prope;ty");
NOW, THEREFORE, in consideration of the City adopting Resolution N0.2004-82 for Guide Plan Change,
Resolution No. 2004-83 for Planned Unit Development Concept Review, Ordinance No. for Planned
Unit Development District Review and Zoning District Change fiom Rural to Commercial Regional Service Zoning
District on 12.8 acres, Resolution No. for Site Plan Review, and Resolution No. 2004-84 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 May 11 , 2004, reviewed and approved by the City Council on May 18,
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.
77
3. DEVELOPER’S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a
violation of City Code relating to use of the Land construction thereon or failure to fulfill an
obligation imposed upon the Developer pursuant to this Agreement, City shall give 24 hour
notice of such violation in order to allow a cure of such violation, provided however, City
need not issue a building or occupancy permit for construction or occupancy on the Land
while such a violation is continuing, unless waived by City.
The existence of a violation of City Code or the failure to perform or fulfill an obligation
required by this Agreement shall be determined solely and conclusively by the City Manager
of the City or a designee.
4. DEVELOPER’S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall
release, defend and indemnify City, its elected and appointed officials, employees and agents
from and against any and all claims, demands, lawsuits, complaints, loss, costs (including
attorneys’ fees), damages and injunctions relating to any acts, failures to act, errors,
omissions of Developer or Developer’s consultants, contractors, subcontractors, suppliers and
agents. Developer shall not be released fiom its responsibilities to release, defend and
indemnify because of any inspection, review or approval by City.
5. CASTLEMOOR DRIVE IMPROVEMENTS: Developer is responsible to design and
construct the following public street improvements (hereinafter referred to as the
“Castlemoor Drive Improvements”) by September 1,2005:
A. Castlemoor Drive shall be extended fi-om the current termination of Castlemoor
Drive to Columbine Road. The street improvements shall consist of a 28-foot wide
street with concrete curb and gutter. Widening to include a right tum lane and left
turn lane at the Columbine Road intersection shall be included.
B. Existing Castlemoor Drive shall be milled and a 2-inch overlay placed.
C. A five foot concrete sidewalk along the south side of Castlemoor Drive fiom Prairie
Center Drive to Columbine Road shall be constructed.
Developer shall submit to the City Engineer, and obtain the City Engineer’s written approval
of the Castlemoor Drive Improvements plans. Plans for public infrastructures shall be of a
plan view and profile on 24 x 36 plan sheets consistent with City standards. A permit fee of
five percent of construction value shall be paid to City by Developer. The design engineer
shall provide daily inspection, certify completion in conformance to approved plans and
specifications and provide record drawings.
Prior to release of the final plat, Developer shall furnish to the City Engineer and receive the
City Engineer’s written approval of a bond equal to 125% of the cost of said improvements.
As an alternative to the Developer’s designing and constructing the Castlemoor Drive
Improvements, the Developer or its successors and assigns, may submit to the City, apetition
for the Castlemoor Drive Improvements. If the City accepts the petition and orders the
Castleinoor Drive Improvements under Minnesota Statutes Chapter 429, Developer or its
successors and assigns, as applicable, shall enter into an assessment agreement for the full
cost of the Castlemoor Drive Improvements.
6. CROSS ACCESS, PRIVATE UTILITY, PARKING AND MAINTENANCE
AGREEMENT: Prior to release of a final plat for any portion of the Property, the
Developer shall enter into a cross access, parking, and maintenance agreement with the
owner of Lot 2, Block 1, FOUNTAIN PLACE, the form of which must be approved in
writing by the City Engineer. This Agreement shall address joint vehicle access, parking,
and maintenance in parking areas, driveways, private storm sewers, sanitary sewer and
watermain. All of these facilities shall be privately owned and maintained by the Developer
or Owner.
Prior to the issuance of any building permit for the Property, Developer shall submit to the
City Engineer proof that the cross access and maintenance agreement has been recorded in
the Hennepin County Recorder's OfficeRegistrar of Titles' Office, and that it is a valid and
binding encumbrance upon the Property.
7. DRAINAGE AND UTILITY EASEMENTS FOR PONDING AREA: Developer shall
submit to the City Engineer a public drainage and utility easement for the ponding area that is
located on the west side of Columbine Road within Outlot B of Fountain Place Apartments.
Prior to grading within this area, Developer shall submit to the City Engineer proof that the
drainage and utility easement has been recorded in the Hennepin County Recorders
OfficeRegistrar of Titles' Office, and that it is a valid and binding encumbrance upon the
Property.
8. EASEMENT FOR HIGHWAY 212 / PRAIRIE CENTERDRIVE CONSTRUCTION:
No later than July 21, 2004 Developer shall grant to the City, at no cost to the City, such
Easements as determined necessary by the City in its sole discretion to construct the Highway
212 / Prairie Center Drive intersection improvements as described in the Purchase
Agreement dated 2004, between the City of Eden Prairie and NAP Fountain
Place, LLC.
9. EXTERIOR MATERIALS: Prior to building permit issuance, Developer shall submit to
the City Planner, and receive the City Planner's written approval of a plan depicting exterior
materials and colors to be used on the buildings on the Property.
Prior to issuance of any occupancy permit for the Property, Developer shall complete
implementation of the approved exterior materials and colors plan in accordance with the
terms and conditions of Exhibit C, attached hereto.
10. FOUNTAIN: Prior to building permit issuance, Developer shall submit to the City Planner,
and receive the City Planner's written approval of a plan depicting a fountain on the property.
39
11.
12.
Prior to issuance of any occupancy permit for the Property, Developer shall complete
implementation of the approved fountain plan in accordance with the terms and conditions of
Exhibit C, attached hereto.
FUTURE DEVELOPMENT: Developer acknowledges that the City has approved
development plans only for proposed Lot 1, Block 1, FOUNTAIN PLACE, as depicted in the
Plans. Prior to any development or construction on proposed Lot 2, Block, 1 and Lot 1,
Block 2, FOUNTAIN PLACE, as depicted in the Plans, Developer shall be required to
submit detailed development plans, and all other submittals required by the Eden Prairie City
Code, and obtain approval of those plans and submittals by the Planning Commission and
City Council.
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 shall submit to 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 andor
proposed sedimentation pond during construction. Upon request by the City,
Developer shall provide preconstruction and post construction surveys for evaluation
by City.
13. IRRIGATION PLAN: Developer shall submit to the City Planner and receive the City
Planner's written approval of a plan for irrigation of the landscaped areas on the Property.
The irrigation plan shall be designed so that water is not directed on or over public trails and
sidewalks.
Developer shall complete implementation of the approved irrigation plan in accordance with
the terms and conditions of Exhibit C prior to issuance of any occupancy permit for the
Property.
14. LANDSCAPE PLAN: Prior to building permit issuance, the Developer shall submit to the
City Planner and receive the City Planner's written approval of a final landscape plan for the
Property depicting a total of 634 caliper inches. The approved landscape plan shall be
consistent with the quantity, type, and size of plant materials shown on the landscape plan on
the Plans. Developer shall furnish to the City Planner and receive the City Planner's approval
of a landscape bond equal to 150% of the cost of said improvements as required by City
Code.
Prior to issuance of any occupancy permit for the Property, Developer shall complete
implementation of the approved landscape plan in accordance with the terms and conditions
of Exhibit C.
15. MECHANICAL EQUIPMENT SCREENING: Developer shall submit to the City
Planner, and receive the City Planner's written approval of a plan for screening of mechanical
equipment on the Property. For purposes of this paragraph, "mechanical equipment''
includes gas meters, electrical conduit, water meters, and standard heating, ventilating, and
air-conditioning units. Security to guarantee construction of said screening shall be included
with that provided for landscaping on the Property, in accordance with City Code
requirements. Developer shall complete implementation of the approved plan prior to
issuance of any occupmcy permit for the Property.
If, aRer completion of construction of the mechanical equipment screening, it is determined
by the City Planner, in his or her sole discretion, that the constructed screening does not meet
the Code requirements to screen mechanical equipment from public streets and differing,
adjacent land uses, then the City Planner shall notify Developer and Developer shall take
corrective action to reconstruct the mechanical equipment screening in order to cure the
deficiencies identified by the City Planner. Developer agrees that the City will not release
the security provided until Developer completes all such corrective measures.
16. PARKING SETBACK Prior to any building permit issuance for the Property, Developer
shall submit to the City Planner, and receive the City Planner's written approval of a plan
depicting a 10-foot setback for the parking shown along the northeast property line of
proposed Lot 1, Block 1, FOUNTAIN PLACE.
Developer shall complete implementation of the approved parking lot plan concurrent with
the construction of the buildings on the Property.
17. PRETREATMENT PONDS: Prior to final plat approval on the Property, Developer shall
submit to the City Engineer and receive the City Engineer's written approval of plans and
design information for all storm water quality facilities to be constructed on the Property.
Developer shall complete implementation of the approved storm water quality facility plan
prior to issuance of any occupancy permit for the Property.
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 fiom 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.
18. PROOF OF PARKING SPACES: Developer and City acknowledge that the 43 proof of
parking spaces proposed for the Property, depicted in the Plans, are designated for use by the
development and that said spaces are not required to be constructed at this time.
At such time as the City Manager, in his or her sole discretion, determines that it is necessary
for all or a portion of the proof of parking spaces to be constructed in order to accommodate
the development use, the City Manager shall notify the Developer in writing of the need to
construct additional proof of parking spaces. This notification shall include the number,
location and timetable for construction of the additional proof-of-parking spaces. Developer
shall comply with all requirements contained in the City Manager's notification.
19. PUD WAIVERS GRANTED: The city hereby grants the following waivers to City Code
requirements within the Commercial Regional Service Zoning District through the Planned
Unit Development District Review for the Property and incorporates said waivers as part of
PUD
A. Loading area within the front yard for buildings B, C, and D along Columbine
Road and Castlemoor Drive. City code does not permit loading areas in a front
yard.
B. Driveway access width of 40 feet. City code maximum is 30 feet.
20. REMOVAL/SEALING OF EXISTING WELL AND SEPTIC SYSTEMS: Prior to
issuance by City of any permit for grading or building on the Property, Developer shall
submit to the Chief Building Official and to obtain the Chief Building Official's written
approval of plans for demolition and removal of existing septic systems and wells on the
Property, and restoration of the Property.
Prior to issuance by City of any permit for grading or building on the Property, Developer
shall complete the demolition and removal of existing septic systems and wells on the
Property and restore the Property.
Prior to such demolition or removal, Developer shall provide to the City a deposit in the
amount of $1,000 to guarantee that Developer completes implementation of the approved
plan. The city shall return to Developer the $1,000 deposit at such time as the Chief Building
Official has verified in writing that the Developer has completed implementation of the
approved plan.
2 1. RETAINING WALLS: Prior to issuance by the City of any permit for 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 Cy attached hereto, prior to issuance of any
occupmcy permit for the Property.
22. 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. Sidewalks and trails shall be constructed in the following
locations by May 30,2005:
A. A five-foot wide concrete sidewalk to be located along the east side of Columbine
Road adjacent to proposed Lot 1, Block 1, and Lot 1, Block 2, FOUNTAIN PLACE,
continuing to the easterly end of existing Columbine Road, as depicted in the Plans.
B. A five-foot wide concrete sidewalk along the west side of Fountain Place from
Columbine Road to T.H.212, as depicted in the Plans.
C. An eight-foot wide bituminous trail to be located along the east side of Fountain
Place from Columbine Road to T.H.212, as depicted in the Plans.
23. SIGNS: Developer agrees that for each sign which requires a permit by Eden Prairie City
Code, Section 11.70, Developer shall file with the City Planner and receive the City Planner's
written approval of an application for a sign permit. The application shall include a complete
description of the sign and a sketch showing the size, location, the manner of construction,
and other such information as necessary to inform the City of the kind, size, material
construction, and location of any such sign, consistent with the sign plan shown on the Plans
and in accordance with the requirements of City Code, Section 1 1.70, Subdivision 5a.
24. SITE LIGHTING: Prior to building permit issuance, Developer shall submit to the City
Planner and receive the City Planner's written approval of a plan for site lighting on the
Property. All pole lighting shall consist of downcast shoebox fixtures not to exceed 20 feet
in height. Developer shall complete implementation of the approved lighting plan prior to
issuance of any occupancy permit for the Property.
25. 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 2.73 acres in the amount of $15,042.30 and for those
storm water facilities as depicted in the Feasibility Study prepared by the City of Eden Prairie
(Project Number 52-130) (“Storm Water Facilities”) in the amount not to exceed
$303,537.50.
26. TEMPORARY CONSTRUCTION EASEMENTS: Developer shall grant to the City, at
no cost to the City, a temporary construction easement as depicted in Exhibit G.
Prior to July 21,2004, Developer shall submit to the City Engineer a temporary construction
easement as depicted in Exhibit G.
27. TH 212 ACCESS CONTROL: Developer agrees that no access to the Property to or from
T.H. 212 shall be allowed.
28. TRASH ENCLOSURE: Developer shall submit to the City Planner, and obtained the City
Planner’s written approval of a plan for the design and construction of the outside trash
enclosures screening for the Property. The trash enclosures shall be constructed with face
brick to match the building, include a roof, and heavy duty steel gates that completely screen
the interior of the enclosure. Developer shall complete implementation of the trash enclosure
plan prior to issuance o€ any occupancy permit for the Property.
29. TREE LOSS - TREE REPLACEMENT: There are 2,350 diameter inches of significant
trees on the Property. Tree loss related to development on the Property is calculated at 1,943
diameter inches. Tree replacement required is 2,136 caliper inches. Prior to the issuance of
any grading permit for the Property, Developer shall submit to the City Forester and receive
the City Forester’s written approval of a tree replacement plan for 2,136 caliper inches. This
plan shall also include tree plantings along the west side of Columbine Road as depicted in
the Exhibit B Plans.
This approved plan shall include replacement trees of a 3-inch diameter minimum size for a
shade tree and a 7-fOOt minimum height for conifer trees. The approved plan shall also
provide that, should actual tree loss exceed that calculated herein, Developer shall provide
tree replacement on a caliper inch per caliper inch basis for such excess loss.
Prior to issuance of any grading permit for the Property, Developer shall finish to the City
Planner and receive the City Planner’s approval of a tree replacement bond equal to 150% of
the cost of said improvements as required by City Code.
Developer shall compleie implementation of the approved tree replacement plan prior to
occupancy permit issuance.
30. TURN LANE CONSTRUCTION ON TH 212: Developer is responsible for extending the
right turn lane on the north approach of TH 212 at Fountain Place. Developer shall acquire
the necessary permits and approvals from MNDOT for the turn lane extension. The turn lane
shall be constructed to MNDOT requirements. The turn lane extension shall be completed
by July 1,2005.
Prior to release of the final plat, Developer shall furnish to the City Engineer and receive the
City Engineer’s written approval of a bond equal to 125% of the cost of said improvements.
31. 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 for that portion of Water Body 15-14-A impacted
by wetland excavation and wetland fill proposed for the development, including construction
of the storm water pond and Columbine Road. The approved Wetland Plan shall be
consistent with the materials 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, the 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
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
buffer strip vegetation complies with all City requirements within 30 days of
completion of the Landscaping of the 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 wetland consultant, as determined by the City Manager 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.
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’sRegistrar 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 finish 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% ofthe
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.
[Signatures Appear on Next Page]
IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be
executed as of the day and year aforesaid.
NAP FOUNTAIN PLACE LLC
an Ohio limited liability company
CITY OF EDEN PRAIRIE
BY
Its
NAP Investments Management Company, Inc. BY
a Georgia corporation Nmcy Tyra-Lukens
Manager Its Mayor
- BY
Scott H. Neal
Its Aithorized Agent Its City Manager
STATE OF M3U1VNESOTA )
COUNTY OF HElyNEPIN )
) ss.
I
The foregoing inskent 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 '\cv\ \fi 45, $-a>
COUNTYOF b\, d)
) ss.
The foregoing instrument was acknowledged before me this \?'hay of \y ,2004, by
Jay M. Scott, the Authorized Agent of NAP Investments Management Company, Inc., a Georgia
corporation, the Manager of NAP Fountain Place LLC, an Ohio limited liability company, on behalf
of the company.
Notary Public U
KAREN L BUFTON
NOTARY PUBLIC - MINNESOTA
MY COMMISSION EXPIRES
1/31/2008
EXHIBIT A
DEVELOPMENT AGREEMENT - FOUNTAIN PLACE RETAIL
Legal Description Before Find Plat
Parcel 1 :
That part of the Westerly 160.31 feet measured along the North line thereof of that part of the
Southwest Quarter of the Southwest Quarter of Section 14, Township 116, Range 22
described as follows: Commencing at the Northeast corner of said Southwest Quarter of the
Southwest Quarter; thence South along the East line of said Southwest Quarter of the
Southwest quarter a distance of 396.6 feet to the Northerly right-of-way line of State
Highway Numbers 212 and 169; thence Southwesterly along said right-of-way line a distance
of 337.5 feet; thence North and parallel with the East line of said Southwest Quarter of the
Southwest Quarter a distance of 605 feet to the North line of said Southwest Quarter of the
Southwest Quarter; thence East along said North line 260 feet to point of commencement;
Which lies Northwesterly of a line run parallel with and distant 25 feet Northwesterly of Line
1 described below:
Line 1:
Beginning at a point on the East and West Quarter line of said Section 14, distant
2,557.59 feet West of the East Quarter corner thereof; thence run Southwesterly at an
angle of 45 degrees 57 minutes 00 seconds from said East and West Quarter line
(measured fi-om West to South) for 251.40 feet; thence deflect to the left at an angle of 07
degrees 34 minutes 00 seconds for 1,463.47 feet; thence deflect to the right at an angle of
14 degrees 28 minutes 44 seconds for 1,127.85 feet and there terminating;
Except that part thereof which lies Southerly of a line run parallel with and distant 75 feet
Northwesterly of Line 2 described below:
Line 2:
Beginning at a point on the South line of said Section 14, distant 222.91 feet East of the
Southwest comer thereof; thence run Northeasterly at an angle of 36 degrees 50 minutes
54 seconds fi-om said South section line (measured fi-om East to North) for 1,419.89 feet
and there terminating.
Also, except that part of the herein before described tract adjoining and northerly of the above
described strip, which lies Southeasterly of the following described line:
From a point on Line 2 described above, distant 1 15 feet Southwesterly of its point of
termination, run Northwesterly at right angles to said Line 2 for 75 feet to the point of
beginning of the line to be described; thence run Westerly to a point distant 110 feet
Northwesterly (measured at right angles) of a point on said Line 2, distant 200 feet
Southwesterly of its point of termination; thence run Southwesterly parallel with said Line 2
for 100 feet and there terminating.
Parcel 2:
That part of the Southwest Quarter of the Southwest Quarter of Section 14, Township 116,
Range 22, lying Westerly and Northwesterly of the following described line: Commencing at
the intersection of the South line of said Quarter Quarter with the Northwesterly right-of-way
line of former State Highway No. 5, now State Highway No. 169; thence Northeasterly along
said Northwesterly right-of-way line to a point distance 452 feet East (as measured at right
angles) of the West line of said Southwest Quarter of the Southwest Quarter; thence
Northwesterly at right angles to said right-of-way, 108.90 feet; thence Northeasterly at right
angles a distance of 200 feet; thence Southeasterly at right angles 108.90 feet to said right-of-
way line; thence Northeasterly along said Northwesterly highway line to a point thereon,
distant 260 feet West at right angles fiom the East line of said Southwest Quarter of the
Southwest Quarter; thence North to a point on the North line of said Southwest Quarter of the
Southwest Quarter distant 260 feet west of the Northeast corner thereof; and said line there
terminating.
Except that part thereof which lies Southeasterly of a line run parallel with and distant 25 feet
Northwesterly of Line 1 described below:
Line 1:
Beginning at a point from the East and West Quarter line of said Section 14, distant
2,557.59 feet West of the East Quarter corner thereof; thence run Southwesterly at an
angle of 45 degrees 57 minutes 00 seconds fiom said East and West Quarter line
(measured fiom West to South) for 25 1.40 feet; thence deflect to the lefi at an angle of 07
degrees 34 minutes 00 seconds for 1,463.47 feet; thence deflect to the right at an angle of
14 degrees 28 minutes 44 seconds for 1,447.85 feet and there terminating;
Also excepting that part which lies southeasterly of a line run parallel with and distant 1 10
feet northwesterly of Line 1 described below:
Line 1:
From a point on the north line of Section 23, Township 116, Range 22, distant 222.91
feet east of the northwest corner thereof, run southwesterly at an angle of 36 degrees 50
minutes 54 seconds fiom said north section line (measured fiom west to south) for
302.52 feet; thence deflect to the left at an angle of 52 degrees 40 minutes 40 seconds for
730.35 feet to the point of beginning of the Line 1 to be described; thence run northerly
on the last described course for 100 feet; thence deflect to the right on a tangential curve
having a radius of 1,273.24 feet and a delta angle of 52 degrees 40 minutes 40 seconds
for 1,170.62 feet; thence on tangent to said curve for 1,092.06 feet and there terminating.
And also excepting that part thereof embraced within the plat of FOUNTAIN PLACE
APARTMENTS, according to the recorded plat thereof, Hennepin County, Minnesota.
That part of the following described tracts:
Tract 1: That part of the Southeast Quarter of the Southwest Quarter of Section 14,
Township 116, Range 22, lying northerly and westerly of State Highway No. 169
and No. 212, except that part thereof embraced within REGISTERED LAND
SURVEY NO. 423.
Tract 2: That part of the Southwest Quarter of the Southwest Quarter of Section 14,
Township 116, Range 22, described as follows: Commencing at the northeast
comer of said Southwest Quarter of the Southwest Quarter; thence South along the
east line of said Southwest Quarter of the Southwest Quarter a distance of 396.6
feet to the northerly right-of-way line of State Highway No. 212 and 169; thence
southwesterly along said right-of-way line a distance of 337.5 feet; thence North
and parallel with the east line of said Southwest Quarter of the Southwest Quarter a
distance of 605 feet to the north line of said Southwest Quarter of the Southwest
Quarter; thence East along said north line 260 feet to the point of commencement,
except the westerly 160.3 1 feet measured along the north line thereof,
Which line northwesterly of a line run parallel with and distant 25 feet northwesterly of Line
1 described below:
Line 1: Beginning at a point on the east and west quarter line of said Section 14, distant
2,557.59 feet west of the east quarter comer thereof; thence run southwesterly at an
angle of 45 degrees 57 minutes 00 seconds from said east and west quarter line
(measured from west to south) for 251.40 feet; thence deflect to the left at an angle
of 07 degrees 34 minutes 00 seconds for 1,463.47 feet; thence deflect to the right at
an angle of 14 degrees 28 minutes 44 seconds for 1,027.85 feet and there
terminating.
Except that part of Tracts 1 and 2 hereinbefore described adjoining and northwesterly of the
above described line which lies southeasterly of the following described line: From a point
on Line 1 described above, distant 400 feet northeasterly of its point of termination, run
northwesterly at right angles to said Line 1 for 25 feet to the point of beginning of the line to
be described; thence run northeasterly to a point distant 30 feet northwesterly (measured at
right angles) of a point on said Line 1, distant 500 feet northeasterly of its point of
termination; thence run northeasterly parallel with said Line 1 for 300 feet and there
terminating.
Tracts A, B, and Cy REGISTERED LAND SURVEY NO. 423
Lot 1, Block 1, CASTLE RIDGE, according to the recorded plat thereof, Hennepin County,
Minnesota
Legal Description After Final Plat
Lots 1 and 2, Block 1 , and Lot 1, Block 2, FOUNTAIN PLACE
EXHIBIT B
DEVELOPMENT AGREEMENT - FOUNTAIN PLACE RETAIL
PLANS
1. Cover Sheet dated 05/07/04 by Westwood Professional Services, Inc.
2. Boundary & Topographic Survey dated 03/17/04 by Westwood Professional Services, Jnc.
3. Civil Site Plan dated 04/21/04 by Westwood Professional Services, Inc.
4. Preliminary Plat dated 03/17/04 by Westwood Professional Services, Inc.
5. Grading & Erosion Control Plan dated 05/07/04 by Westwood Professional Services, Jnc.
6. Utility Plan dated 05/07/04 by Westwood Professional Services, Inc.
7. Tree Inventory and Removal Plan dated 03/17/04 by Westwood Professional Services, Inc.
8. Landscape Plan dated 04/21 104 by Westwood Professional Services, Inc.
9. Detail Landscape Plan dated 04/21/04 by Westwood Professional Services, Inc.
10. Grading and Wetland Replacement Detail dated 03/17/04 by Westwood Professional
Services, Inc.
11. Lighting Plan dated 02/17/04 by On Site Lighting and Survey, LLC.
12. Proposed Columbine Road West Side Slope/Wetland Plantings dated 04/21/04 by Westwood
13. Sheet A2 - Retail C, D, E Architectural Plan dated 04/21/04 by RSP Architects, Ltd.
14. Sheet A3 - Retail B, Restaurants F and G Architectural Plan dated 03/17/04 by RSP
15. Site Sections dated 02/13/04 by RSP Architects, Ltd
Professional Services, Inc.
Architects, Ltd.
EXHIBIT C
DEVELOPMENT AGREEMENT - FOUNTAIN PLACE RETAIL
I.
II.
m.
rv.
V.
VI.
VII.
Prior to release of any building permit, Developer shall submit to the City Engineer for
approval two copies of a development plan (1 =loo' 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.
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.
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.
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 Guide Plan Change, Planned Unit
Development, Rezoning, Site Plan Review and/or Preliminary Plat approved in connection
with this Agreement, thus restoring the status of the Property before the Development
Agreement and all approvals listed above were approved.
Provisions of this Agreement shall be binding upon and enforceable against the Property and
the Owners, their successors and assigns of the Property.
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
identifjr the legal description of the Property after platting thereof.
Developer represents that it has marketable fee title to the Property.
With respect to any interest in all portions of the Property which Developer is required,
pursuant to this Agreement, to dedicate or convey to the City (the "Dedicated Property"),
Developer represents and warrants as follows now and at the time of dedication or
conveyance:
A. That Developer has marketable fee title free and clear of all mortgages, liens, and
other encumbrances. Prior to final plat approval, Developer shall provide to the City
a current title insurance policy insuring such a condition of title.
B. That Developer has not used, employed, deposited, stored, disposed of, placed or
otherwise allowed to come in or on the Dedicated Property, any hazardous substance,
hazardous waste, pollutant, or contaminant, including, but not limited to, those
defined in or pursuant to 42 U.S.C. 0 9601, et. seq., or Minn. Stat., Sec. 1 15B.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 indemnifjr, 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 andor resulting from or due to the release or threatened release of Hazardous
Substances which were, or are claimed or alleged to have been, used, employed, deposited,
stored, disposed of, placed, or otherwise located or allowed to be located, in or on the
Dedicated Property by Developer, its employees, agents, contractors or representatives.
VIII. Developer acknowledges that Developer is familiar with the requirements of Chapter 11,
Zoning, and Chapter 12, Subdivision Regulations, of the City Code and other applicable City
ordinances affecting the development of the Property. Developer agrees to develop the
Property in accordance with the requirements of all applicable City Code requirements and
City Ordinances.
E. Prior to release of the final plat, Developer shall pay to City fees for the first three (3) years'
street lighting on the puolic 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 be without an adequate remedy at law.
Developer agrees, therefore, that in the event Developer violates, fails, or refuses to perform
any covenant, condition, or provision made herein, City may, at its option, institute and
prosecute an action to specifically enforce such covenant, withhold building permits or
rescind or revoke any approvals granted by the City. No remedy conferred in this agreement
is intended to be exclusive and each shall be cumulative and shall be in addition to every
other remedy. The election of anyone or more remedies shall not constitute a waiver of any
other remedy.
XII.
XIII.
XIV.
xv.
XVI.
XVII.
Developer shall, prior to the commencement of any improvements, provide written notice to
Time Warner Cable, a Minnesota Limited Partnership, the fianchisee 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, MinnesotP 55411.
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.
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.
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.
The City shall not issue any building permit for the construction of any building, structure, or
improvement on the Property until all requirements listed in this Exhibit C have been
satisfactorily addressed by Developer.
No failure of the City to comply with any term, condition, covenant or agreement herein shall
subject the City to liability for any claim for damages, costs or other financial or pecuniary
charges. No execution on any claim, demand, cause of action or judgment shall be levied
upon or collected fiom 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 ?4 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.
45
EXHIBIT D
DEVELOPMENT AGREEMENT - FOUNTAIN PLACE RETAIL
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 fiom 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 fiom 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, fiequent 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 fiame 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 fiom 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 andlor the issuance of a Certificate of
Occupancy or other approvals.
b. Direct the correction of the deficiency by City personnel or separate contract.
c. Withhold the issuance of building permits
d. At its option, institute and prosecute an action to enjoin violations of this Agreement
and/or an action to specifically enforce performance of this Agreement
The issuance of a permit constitutes a right-of-entry for the City or its contractor to enter
upon the construction site for the purpose of correcting deficiencies in erosion control:
All costs, including but not limited to, attorneys' fees and engineering fees incurred by the
City in correcting erosion control deficiencies or enforcing this policy shall be reimbursed by
the applicant. All invoices for erosion control correction shall be due and payable within 30
days. Invoices not paid within 30 days shall accrue interest at a rate of 1% per month or the
highest legal rate.
Each charge for correction of erosion deficiencies shall be a lien upon the property to which
the permit applies. Invoices more than 30 days old on September 30 or any year or on any
other date as determined by the City Engineer or the Director of Inspections may be assessed
against the property. As a condition of the permit, the owner shall waive notice of any
assessment hearing to be conducted by the City, concur that the benefit to the property
exceeds the amount of the proposed assessment and waive all rights by virtue of Minnesota
Statute 429.081 or otherwise to challenge the amount or validity of the assessment.
I, We, The Undersigned, hereby accept the terms and conditions of the Erosion Control Policy dated
August 1, 1997 as set forth and agree to fully comply therewith, to the satisfaction of the City of
Eden Prairie, Minnesota.
By: NOT TO BE SIGNED
Owner's Signature
By: NOT TO BE SIGNED
Applicant's Signature
DEVELOPMENT NAME: Lot: Block:
OWNER INFORMATION OWNER (PRINT):
ADDRESS
CITY STATE ZIP
EXHIBIT E
DEVELOPMENT AGREEMENT - FOUNTAIN PLACE RETAIL
AGREEMENT REGARDING SPECIAL ASSESSMENTS
THIS IS AN AGREEMENT MADE THIS - day of 2004, between the City
of Eden Prairie, a municipal corporation, (the Tity”) and NAP Fountain Place LLC, an Ohio limited
liability company (the “Owner”).
A. The Owner holds legal and equitable title to property described as
, Hennepin County, Minnesota, which property is the
subject of this Agreement and is hereinafter referred to as the “Property”.
B. The owner desires to develop the property in such a manner that relies upon and
requires the construction of the following public improvements:
1. City’s trunk utility system, including trunk sanitary sewers, trunk watermains,
wells and elevated storage facilities, (all of which is hereafter referred to as the “Trunk
Improvements).
2. Storm sewer, ponding and sidewalk improvements as defined in the Feasibility
Study for Columbine Road Improvements, (all of which is hereafter referred to as
“Columbine Road Improvements”).
C. The parties hereto desire to enter into an Agreement concerning the financing of the
construction of the Improvements all of which will inure to the benefit of the Property.
AGREEMENTS
IT IS HEREBY AGREED as follows:
1. The Owner consents to the levying of assessments against the Property for the
construction, and maintenance of the Trunk Improvements and Columbine Road Improvements as
follows:
a). The Property will be assessed for Trunk Improvements on 2.73 acres in an amount
of $15,042.30.
b). The Property will be assessed for the Columbine Road Improvements consistent
with the Columbine Road Feasibility Study for a total amount not to exceed $303,537.50.
2. The City has prepared the Columbine Road Feasibility Study that shows proposed
costs to be assessed against the Property and additional amounts to other lands for the Columbine
Road Improvements. The actual cost to be assessed against the Property for the Columbine Road
Improvements may differ fiom the amount in the Feasibility Study but shall not exceed the amount
specified in paragraph 1. Actual costs to be assessed against the Property for the Columbine Road
Improvements shall be determined in the same manner as reported in the Feasibility Study with
respect to these improvements.
3. For purposes of determining the amount of the assessments, the costs of the
Columbine Road Improvements shall include, in addition to actual construction costs, administrative,
interest and engineering costs and fees incurred or paid by the City in relationship to construction of
the Columbine Road Improvements and costs incurred for acquisition of easements and or right-of-
way, including attorney fees.
4. The City's assessment records for the Property will show the assessments as a
"pending assessment" until levied.
5. The Owner waives notice of any assessment hearing to be held at which hearing or
hearings the assessment is to be considered by the City Council and thereafter approved and levied.
6. The Owner concurs that the benefit to the Property by Virtue of the Trunk Improvements
and Columbine Road Improvements to be constructed exceeds the amount of the assessment to be
levied against the Property. The Owner waives all rights it has by virtue of Minnesota Statute 429.08 1
or otherwise to challenge the amount or validity of the assessments, or the procedures used by the City
in apportioning the assessments and hereby releases the City, its officers, agents and employees fiom
any and all liability related to or arising out of the imposition or levying of the assessments.
7. This agreement shall be effective immediately.
OWNER
NAP Fountain Place LLC
CITY OF EDEN PRAIR_TE
An Ohio limited liability company A Minnesota Municipal Corporation
By: NOT TO BE SIGNED By: NOT TO BE SIGNED
Nancy Tyra-Lukens
Its Mayor
By: NOT TO BE SIGNED
Scott H. Neal
Its City Manager
STATE OF MINNESOTA )
COUNTY OF HENNEPIN )
) ss.
The foregoing instrument was acknowledged before me this dayof , 2004,
by Nancy Tyra-Lukens, the Mayor, and Scott H. Neal, the City Manager, of the City of Eden Prairie, a
Minnesota municipal corporation, on behalf of the corporation.
Notary Public
STATE OF MINNESOTA )
COUNTY OF HENNEPIN )
) ss.
The foregoing instrument was acknowledged before me this day of ,
2004, by the of NAP Fountain
Place LLC, an Ohio limited liability company, on behalf of the company.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344
EXHIBIT F
DEVELOPMENT AGREEMENT - FOUNTAIN PLACE RETAIL
CONSERVATION/SCENIC EASEMENT
THIS EASEMENT AGREEMENT is made this-day of ,2004 by and between
NAP Fountain Place LLC, an Ohio limited liability company, hereinafter referred to as "Grantor,"
and the CITY OF EDEN PRAIEUE, a Minnesota municipal corporation, hereinafter referred to as
"City";
WHEREAS, Grantor is the fee owner of land located in Henneph 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, fiee 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 City hereby
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.
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.
3.
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.
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, pollutant, or contaminant, including, but not
limited to, those defined in or pursuant to 42 U.S.C. 0 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 indemnifjr, defend and hold harmless City, against any and all loss,
costs, damage and expense, including reasonable attorneys fees and costs that City
incurs because of the breach of any of the above representations or warranties andor
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
NAP Fountain Place LLC
NOT TO BE SIGNED
NOT TO BE SIGNED
CITY OF EDEN PRAIRIE
By NOT TO BE SIGNED
Its Mayor
Nancy Tyra-Lukens
By NOT TO BE SIGNED
Scott H. Neal
Its City Manager
STATE OF MINNESOTA )
COUNTY OF HENNEPIN )
) ss.
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 )
COUNTY OF HENNEPIN )
) ss.
The foregoing instrument was acknowledged before me this day of A 2004,
of NAP Fountain Place by
LLC, an Ohio limited liability company, on behalf of the company.
, the
Notary Public
EXHIBIT A
“THE PROPERTY”
EXHIBIT B
“EASEMENT AREA”
EXHIBIT C
“EASEMENT AREA” DIAGRAM
EXHIBIT G
DEVELOPMENT AGREEMENT - FOUNTAIN PLACE RETAIL
Temporary Construction Easement to Seller
TEMPORARY CONSTRUCTION EASEMENT
The undersigned Grantor(s) for and in consideration of One and no/100 Dollars ($1.00) and other
good and valuable consideration, the receipt whereof is hereby acknowledged, do hereby grant and
convey to City of Eden Prairie, a Governmental subdivision of the State of Minnesota, (Grantee), a
temporary easement over, under and across the following described land situated in the County of
Hennepin, State of Minnesota, to wit:
The southeasterly 25 feet of the northeasterly 500 feet of Lot 1, Blockl, Fountain Place,
according to the recorded plat thereof, Hennepin County, Minnesota. Said easement being
adjacent to and parallel with State Highway 212. Further, said temporary easement shall expire
June 1,2005.
And
The southeasterly 25 feet of the southeasterly 97 feet of Lot 2, Blockl, Fountain Place, according
to the recorded plat thereof, Hennepin County, Minnesota. Said easement being adjacent to and
parallel with State Highway 212. Further, said temporary easement shall expire June 1,2005.
(NOTE: The final plat is presumed to be named Fountain Place and will be revised as
necessary.)
This Temporary Easement shall be for all purposes necessary or incidental to the construction by
Grantee of T.H. 212 @ Prairie Center Drive Reconstruction Project and utility facilities on or
adjoining the above described property, including the right to make cuts and fills and construct
slopes on said Temporary Easement, and remove therefrom or place thereon earth, other materials,
trees and other vegetation. This Temporary Easement shall expire December 31,2005.
Grantors warrant they are the owners of the above described premises and have the lawful right and
authority to convey and grant the temporary easement herein granted.
This agreement is binding upon the heirs, successors, executors, administrators and assigns of the
parties hereto.
IN WITNESS WREREOF, the parties to this Agreement have caused these presents to be
executed as of the day and year aforesaid.
NAP FOUNTAIN PLACE LLC
an Ohio limited liability company
CITY OF EDEN PRAIRIE
By NAP Investments Management Company, Inc.
Its Manager Its Mayor
By NOT TO BE SIGNED
a Georgia corporation Nancy Tyra-Lukens
BY NOT TO BE SIGNED By NOT TO BE SIGNED
Scott H. Neal
Its Treasurer/Assistant Secretary Its City Manager
Kevin P. Riley
STATE OF MINNESOTA )
COUNTY OF HENNEPIN )
) ss.
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 )
COUNTY OF )
) ss.
The foregoing instrument was acknowledged before me this day of ,2004, by
Kevin P. Riley, the Treasurer/Assistant Secretary ofNAP Investments Management Company, Inc., a
Georgia corporation, the Manager of NAP Fountain Place LLC, an Ohio limited liability company,
on behalf of the company.
Notary Public
CITY COUNCIL AGENDA
SECTION: Consent Agenda
DATE:
July 20,2004
ITEM NO.:
DEPARTMENT/DIVIS1oN:
Public Works
Leslie Stovring
Eugene Dietz
ITEM DESCRIPTION: (00-55 15)
Part II Wellhead Protection Plan rn J-t
Requested Action
Move to: Approve the final ‘‘City of Eden Prairie Wellhead Protection Plan’’
Synopsis
The public comment period for the Wellhead Protection Plan (WHPP) closed on June 2, 2004.
Comments were received from the Minnesota Department of Health (MDH) and incorporated into
the final Plan.
Background Information
Comments received during the public comment period, including those received from the MDH,
have been incorporated into the final draft. The revisions include:
Editorial suggestions
0 More details on the potential municipal well use interferences, land uses and proposed
Action Items for areas within the City of Minnetonka
Clarification of sites identified during the Potential Contaminant Source Inventory (PSCI)
that are within the Emergency Management Zone or High Vulnerability Areas
More detailed time frames for completion of the Action Items
New Action Items for items such as location of Class V wells, evaluating a need for a grant
program for abandonment of private septic or well systems within High Priority or
Emergency Management Zone areas and coordination with the City’s NPDES stormwater
permit requirements
The final report will be submitted to local, county and state agencies as required, including the
MDH, Metropolitan Council, Dept. of Natural Resources, City of Minnetonka, Hennepin County and
the Riley-Purgatory-Bluff Creek, Nine Mile Creek and Lower Minnesota River Watershed Districts.
Draft Report
A red-line copy of the report is available on the City’s Environmental Services web page under the
Groundwater section.
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DEPARTMENT/DIVISION: ITEM DESCFUPTION:
Public Works
Eugene A. Dietz
Resolution Requesting MN/DOT Investigate
Safety Improvements on TH 212 at CSAH 1
DATE:
July 20,2004
ITEM NO.:
l77-X.
Requested Action
Move to: Adopt resolution requesting MnDOT investigate safety improvement on TH
212 at CSAH 1 with best possible speed.
Synopsis
In accordance with Council direction to staff at the July 6, 2004 Council meeting, staff has
prepared a resolution requesting that MnDOT investigate safety improvements at the intersection
of TH 212 / CSAH 1. Upon approval, staff will attach a cover letter and forward the document
to MnDOT.
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO.
RESOLUTION REQUESTING MN/DOT INVESTIGATE
SAFETY IMPROVEMENTS ON TH 212 AT CSAH 1
WHEREAS, Trunk Highway 212 (TH 212) is under the jurisdiction of the Minnesota Department of
Transportation (MN/DOT);
WHEREAS, TH 212 is an important regional corridor that carries significant traffic volumes at high
speeds;
WHEREAS, Pioneer Trail (CSAH 1) intersects TH 212 and is an important transportation corridor that
carries significant traffic volumes;
WHEREAS, the history and pattern of crashes at the traffic control device at the intersection of TH 212
and CSAH 1 includes a disturbing number of “red light violations” resulting in serious personal injuries;
WHEREAS, citizens of Eden Prairie have petitioned the Eden Prairie City Council requesting that action
be taken to improve the safety of the intersection;
WHEREAS, the City Council of the City of Eden Prairie places safety of our residents and the motoring
public at the highest level of importance; and
WHEREAS, safety improvement techniques are available - including but not limited to advance warning
devices - that can improve traffic safety for motorists traveling the TH 2 12 / CSAH 1 corridor.
NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRJE CITY COUNCIL:
That MN/DOT is respectfully requested to investigate the nature and cause of “red light
violations”, including sight distances, grades and other physical attributes of the intersection and
identify safety improvements - including, but not limited to advance warning devices - for
implementation with best possible speed.
ADOPTED by the Eden Prairie City Council on July 20,2004.
ATTEST:
Nancy Tyra-Lukens, Mayor
SEAL
Kathleen A. Porta, City Clerk
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DEPARTMENTlDIVISION :
Engineering
Rodney W. Rue
ITEM DESCRIPTION: I.C. 98-5471
Approve Change Order No. 3 for Hillcrest /
Alpine Street Reconstruction Project
DATE:
July 20,2004
ITEM NO.:
IZt&LI
Requested Action
Move to: Approve Change Order No. 3 for I.C. 98-5471 (Hillcrest / Alpine Area Street
Reconstruction Project) in the amount of $2,207.58.
Synopsis
This change order is for additional costs associated with the project, including invisible fence
repair , casting replacement and sod replacement. The project changes result in an increase in
the project costs of $2,207.58.
Attachments
Change Order No. 3 for I.C. 98-5471.
I I3
CHANGE ORDER #3
Date: . 6/28/04
To: City of Eden Prairie
City Improvement Contract #:
Project Name: HillcresVAlpine Street Reconstruction
Contractor:
Engineer:
I.C. 98-5471
S.M. Hentges & Sons, Inc.
Hansen Thorp Pellinen Olson Inc.
Nature of Changes:
1. Rep& invisible fence for dog
2. Repair invisible fence for dog
3. Replace castings
4. Remove and replace sod
Adjustments to Contract Price:
._..
1. Labor, material and overhead '' $ 161.82
2. Labor, material arid overhead $ 204.58
3. Additional material cost, lump sum $ 771.75
4. Labor, material' and overhead $1,069.43
Total $2,207.58
Summary of Contract Changes:
Contract Amount prior to Change Order #l $ 1,261,847.46
Net Increase resulting from Change Order #1 $ 1,777.23
Net Increase resulting from Change Order #3 $ 2,207.58
Change Order #1,2 & 3: $ 1,271,994.60
Net Increase resulting from Change Order #2 $ 6,162;33
Current Contract Amount including -----------------_
THE ABOVE CHANGES AfZE APPROVED:
Hansen Thorp Pellinen Olson, Inc. ' City of Eden Prairie
THE ABOVE CHANGES ARE ACCEPTED:
S.M. Hentges & Sons, Inc.
A I
r Y Date k - 30 -04
BY
Date
CITY COUNCIL AGENDA
Office of City Manager,
Information Technology
DivisiodLisa Wu
Requested Action
Move to: Declare obsolete computer equipment as surplus and authorize the City Manager to
dispose of property through donation to the Eden Prairie School District and the State
of Minnesota as authorized under City Code Section 2.86, Subd. 3.
Synopsis
The City has a surplus of old computer equipment which is no longer in use.
Computer equipment meeting minimum requirements as surplus will be donated to the Eden
Prairie School District. The remaining desktop PCs and printers will be donated to the State of
Minnesota.
Attachment
List of Surplus Equipment
Surplus Equipment List for 2004
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
266
550
133
350
400
400
266
450
600
550
133
550
400
400
400
400
550
450
666
450
233
233
550
550
550
600
166
266
266
400
100
133
133
450
75
550
120
333
166
600
75
133
166
64
31
64
128
128
128
64
64
128
32
128
128
128
128
128
128
392
128
96
64
32
128
128
128
64
38
160
32
128
32
32
32
64
56
128
46
64
32
64
Won't start up
4439
1037
3990
955
955
63
6426
7177
8193
1510
4684
6733
6826
2793
5627
7982
4695
55
4509
4558
4976
6069
7768
7590
6661
842
6621
2454
340
774
3357
3373
8106
1523
3426
907
7201
Tag 04-009
Good
Good
Good
Good
Good
Good
Good
Good
Good
Good
Good
Good
Good
Good
Good
Good
Good
Good
Good
Good
Good
Good
Good
Good
Good
Good
Good
Good
Tag 03-025
Good
Good
Good
Tag 03-109
Good
Good
Good
Good
Tag 03-125
Good
Good
Tag 03-104
Tag 03-105
Gateway 4DX-33V
HP Vectra XM 5/75
HP Vectra VE 5/133
HP Vectra VE 5/166
Compaq CDS 920
NEC Laptop
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
15
15
15
15
15
15
15
15
15
15
15
15
15
15
15
15
15
15
15
15
15
15
17
17
17
17
17
17
17
17
17
17
17
17
13
13
13
19
Good
Good
Good
Good
Good
Good
Good
Good
Good
Good
Good
Good
Good
Good
Good
Good
Good
Good
Good
Good
Good
Good
Good
Good
Good
Good
Good
Good
Good
Good
Good
Good
Good
Good
Good
Good
Good
Good
Surplus Equipment List for 2004
PRINTERS u PS'S
ITEMNO NAME ITEMNO NAME
1 HP LaserJet 4050 1 Smart-UPS 620
2
3
4
5
6
7
8
9
10
11
HP LaserJet 4
HP LaserJet 4050
HP LaserJet 4 Plus
HP DeskJet 340 Cbi
HP DeskJet 895Cxi
HP LaserJet 5
HP LaserJet 4
HP LaserJet 4 Plus
HP DeskJet 692C
Optra RT+
2 Back-UPS 200
3 Back-UPS Pro 280
4 Smart-UPS 700
csimile Transceivc Keyboards Speakers
ITEMNO NAME 34 9 Pairs
1 Ricoh MV 74
2 Canon Multipass C5500
CITY COUNCIL AGENDA
SECTION CONSENT AGENDA
DEPARTMENT/DIVISION:
Office of the City Manger
Scott Neal
Sue Kotchevar
ITEM DESCRIPTION:
Approve agreement with TELAdjust, Inc. for the
audit of the City phone records
DATE:
7/20/04
ITEM NO.:
, r\\ 1
Requested Action
Approve agreement with TELAdjust, Inc. for the audit of the City phone records.
Synopsis
TELAdjust, Inc is in the business of analyzing telephone bills to determine the accuracy of the
bills. The City will engage TELAdjust, Inc. to determine if the City has been correctly charged
for telephone service. The City will realize a 50% refund for any past overcharges and a 100%
savings on future invoices. This will ensure that the City is charged correctly for telephone
service.
I18
AGREEMENT
This agreement is made this
TELAdjust, Inc. (hereinafter referred to as "TAP) and
(hereinafter referred to as "Client").
day of ,2004 by and between
INTRODUCTORY STATEMENTS
WHEREAS, TAI is in the business of analyzing telephone bills to determine the
accuracy of such bills; and,
WHEREAS, Client desires to engage the services of TAI to analyze its telephone bills.
AGREEMENT
In consideration of the above Introductory Statements and the promises and provisions
set forth in this Agreement, the adequacy and sufficiency of which the parties
acknowledge the parties agree as follows:
I. Client hereby engages TAI as its sole and exclusive representative, during the term
of this Agreement, to review, audit and, to the extent possible, to obtain credit
adjustments to Client's telephone bill.
2. Client, at its sole cost and expense, agrees to provide TAI with copies of all
telephone bills, contracts and other agreements and documents pertaining to the
installation and operation of Client's telephone network. Further, Client agrees to
cooperate fully with TAI, in its audit of such telephone bills and negotiations with
telephone company including, but not limited to, executing a letter of authorization
substantially in the form attached to this Agreement.
3. For the services to be rendered by TAI under this Agreement, Client shall pay TAI a
fee equal to fifty percent (50%) of the amount of any refund obtained by TAL Refunds
obtained by TAI will appear in the form of a credit applied to Client's telephone bill or
check issued by the telephone company. Said fee shall be paid in full to TAI, within ten
(IO) days of the date of receipt of an invoice from TAL A copy of the refund check or
bills indicating such credit shall accompany the invoice from TAI.
4. If TAl does not find errors in Client's telephone bills, and therefore, no refunds are
forthcoming, there is no charge to Client for TAl's services.
5. Client acknowledges and understands that any under-billing resulting from such
analysis by TAI shall be the sole and exclusive responsibility of the Client. TAI shall
have no liability or responsibility whatsoever with respect to or for such under-billing.
6. TAI makes no representations, warranties or guaranties as to any adjustments that
may result to Client's telephone bill, but will use its best efforts to obtain the same.
7. The term of this agreement shall be for one (1) year from the effective date. Either
party may terminate this agreement with thirty (30) days of written notice. In the event
the agreement is terminated, TAI will be paid its fee for all refunds negotiated up to the
point of termination.
8. This Agreement shall be subject to and governed by the laws of the State of
Minnesota and subject to the Minnesota Data Practices Law.
9. Client agrees to maintain the confidentiality of all information contained in this
Agreement, which duty shall be continuing and shall survive the expiration of this
Agreement. TAI agrees that all information related to Client discovered by TAI or
disclosed to TAI by Client before or during the term of this Agreement shall be kept
strictly confidential. TAI shall maintain the confidentiality of all information it obtains,
which duty shall be continuing and shall survive the termination or expiration of this
Agreement.
IO. This Agreement shall be binding upon and inure to the benefit of the parties hereto
and their respective successors and assigns.
IN WITNESS WHEREOF, the parties have signed this Agreement on the date set forth
above.
WITNESSES: TELADJUST INC.:
BY
CITY:
BY Mayor
BY City Manager
CITY COUNCIL AGENDA
SECTION: Report of City Manager
~ ~~
DEPARTMENTlDIVISION:
Office of the City Manager
ITEM DESCRIPTION:
Resolution Changing the August 3,2004
Council Meeting Time and Location
DATE:
July 20,2004
ITEM NO.:
m,o I
Requested Action
Move to: Adopt the Resolution changing the August 3,2004 City Council meeting time and
location to 8:OO p.m. at the City of Eden Prairie’s Housing and Human Services Office.
Synopsis
The August 3rd City Council meeting will be held at 8:OO p.m. at the City of Eden Prairie’s
Housing and Human Services Office located at the Eden Prairie Center.
Attachment
Resolution
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2004-
A RESOLUTION CHANGING THE AUGUST 3,2004
CITY COUNCIL MEETING TIME AND LOCATION
BE IT RESOLVED, by the City Council of the City of Eden Prairie, Minnesota, that the
August 3rd City Council meeting be held at 8:OO p.m. at the City of Eden Prairie's Housing and
Human Services Office located at the Eden Prairie Center.
ADOPTED, by the City Council of the City of Eden Prairie, on this 20th day of July,
2004.
Nancy Tyra-Lukens, Mayor
ATTEST:
Kathleen Porta, City Clerk
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE: 07/20/04
DEPARTMENT/DIVISION: ITEM DESCRIPTION:
Community Development/Planning
Janet Jeremiah
John Gertz
Riley Jacques Barn Change
Order Proposal Request - Sanitary Sewer
ITEM NO.:
Trn - .P.
Requested Action
Move to:
0 Approve change order Proposal Requests No. 11 for sanitary sewer installation at the Riley-
Jacques Barn.
Synopsis
The City has anticipated the installation of sanitary sewer to the Riley-Jacques barn as part of the
barn's restoration, which will enable the addition of bathrooms for program and event use.
Proposal Request 11
Description
Installation and connection of the sanitary sewer service from Riley Lake Road to the farm. This
will be completed using directional drilling to prevent damage and costly restoration of nearby
athletic fields in Riley Lake Park.
Cost Summary
Proposal No. cost
11 $49,904.00
Attachments
Proposal Request 11 from Parkos Construction Company, Inc.
..
PARKOS CONSTRUCTION COMPANY, INC.
GENERAL CONTRACTOR
PMQNE 455-0031 FAX 450-7740
"AN EQUAL OPPORTUFIITY EMPLOYER"
1010 S. ROBERT STREET WEST ST..PAUL, MINNESOTA 55118
Date: May 12,2004
To: Miller Dunwiddie - ATT: Jen Dive1
Jack Pukos, Vicce-Preshht
Labor and materiale for installation of sanitary sewer as follows:
#I,
#2. Directional. boikg.
#3. Electrical wiring.
M, Restordon of sod.
#5. ~sce~aneouslS1~~~~~~n:
New manholes, piping and pumx)s.
Subtotal:
10% Overhead & Profit;
Subtotal:
Bond M4rkup: '
Total cost:
$30,200,00
11,235+00
1,147 .OO
1,736.00
600+00
$44,918.00
4,491.80
49,409.80
49420
$49,904.00
. Note: Does not include SAC & permit charges or street r&p&s if needed.
Page 1 of 4
..
.I. ,
Received Tine Mav'.12. 8:47AM 1a.f
,
f"
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE: 07/20/04
DEPARTMENT/DIVISION: ITEM DESCRIPTION:
Community Development/Planning
Janet Jeremiah
John Gertz Order Proposal Request
Riley Jacques Barn Change
ITEM NO.:
l3I.Q
Requested Action
Move to:
0 Approve change order Proposal Requests Nos., 6,7,8,9,10 and 12 for construction changes at
the Riley-Jacques Barn.
Synopsis
The City has received six Proposal Requests (proposed change orders) from Miller-Dunwiddie
Architects concerning the Riley-Jacques barn project. The proposed changes have been
reviewed by the Heritage Preservation Commission and City staff, who recommends approval of
each request by the City Council.
The proposed requests are as follows:
Proposal Request 6
Description:
Repair of foundation and underpinning of the north wall due to discovery of inadequate footings
in this area.
Cost: $6,725.00
Proposal Request 7
Description:
Repair damage of concrete and glazed block on lower exterior walls due primarily to vandalism.
Cost: $1,333.00
Proposal Request 8
Description:
Add one more 120 volt circuit in the lower level dressing room.
Cost: $574.00
City Council Consent Calendar/Riley-Jacques Barn
July 20,2004
Page 2
Proposal Request 9
Description:
Demolish and rebuild the founciation, walls, and floors for the uni-sex bathroom. As work
commenced in this area structural problems were observed by the mason and the engineer was
asked to evaluate the walls. The recommendation from the engineer is to demolish the existing
room and rebuild. The cost to properly shore up the existing structure would be prohibitive in
comparison to the value of rebuilding.
Cost: $9,776.00
Proposal Request 10
Description:
Extend the sewer and water service from the barn to the Riley-Jacques house. This would be the
most cost-effective time to have this work done and the least disruptive to the site. Also, the
existing septic system in use at the house is not in good repair.
Cost: $12,109.00
Proposal Request 12
Description
Extend accessibility trail from the parking area to barn, thicken concrete, and make
corresponding grade adjustments and alterations to the exterior stairs. To meet the building
accessibility requirements and provide access from the parking area to the barn's upper entrance,
the concrete trail will be lengthened by 40 linear feet to meet the 1:20 slope ratio.
The accessible trail will also be used as a delivery access driveway to the barn and it is
recommended the trail and concrete plaza be constructed to support a 2 ton truck (26,000 pounds
gross weight). Additional concrete (5'' thick trail and plaza) will be required to meet the load
bearing capacity.
Cost: $12,402.00
Cost Summary
Proposal No. cost
6 $ 6,725.00
7 $ 1,333.00
8 $ 574.00
9 $9,776.00
10 $12,109.00
12 $12,402.00
City Council Consent Calendarmey-Jacques Barn
July 20,2004
Page 2
Total $42,919.00
Attachments
Proposal Requests from Pmkos Construction Company, Inc.
6-2004 12:54PM FROM- t65 14507740 T-797 P.OOI/OOZ F-647
PARKOS CONSTRUCTION COMPANY, .. INC.
GENERAL CONTRACTOR
1010 S. ROBERT STREET WEST ST..PAUL, MINNESOTA 55118
"AN EQUAL OPPORTUNITY EMPLOYER"
PHONE 455-0031 FAX 450-7740
Date: ' May26,2004
To:
From: Jack: Parkos, Vice-president
Miller Dunwiddie, hc. - An: Jen Dave1
RE Eden Prairie Historic Farm Site
PROPOSAL REQUEST #6 - REVISED 5/26/04
Underpinning of North wall as €allows:
_I. - Materials:
Labor (68 hours @ $62.00):
Concrete Subcontractor:
Subtotal:
10% Overhead & Profit:
Subtotal:
BondMarkup:
. Total:
$936.76
4,216.00
900.00
6;052.76
605.27
6,65 8.03
' 66.97
$6,725.00
Page 1 of 2
Reteived Ti me'MaY I 26. 12:49PM
$6514507740 T-799 P.001 F-655
L --
PARMOS CONSTRUCT.lON COMPANYy INC.
GENERAL CONTRACTOR 1010 S. ROBERT STREET WESTST. PAUL, MINN€SOTA 55118
“AN EQUAL OPPORTUNITY EMPLOYER”.
PHONE 455-0031 FAX 450-7740
. .. ,-%-
Date: May26,2004 .
To: RIIiller,Dmwiddie, hc. - ATT: Jen Dave1 ..
From: Jack Parkos, Vice-President
RE: Eden Prairie Historic Farm
PROPOSAL REQUEST #7
Concrete & brick patching as foFouows:
Subcontractor Cost:
10% Overhead & Profit:
Subtotal:
Bond Markup:
Total:
Page 1 of 4
Received Time May .26. IPM
$1,199.18
119.91
1,3 19-09
13.91
$1,333.00
-I6514507740 T-l:j ,I ,9 7 3 2 1/00; , 2/fi 7 Jw"Jun. 10. 201041 2:OOPM R
PARKOS CONSTRUCTION COMPANY, INC.
GENERAL CCINTRACTOR
PHONE 4$5-0031 FAX 450-7740
"AN EQUAL OPPORTUNITY EMPLOYER"
1010 S. ROBERT STREET WEST ST. PAUL, MINNESOTA 55118
Date:
To:
lF10Ill:
June 10,2004
Wller Dunwiddk, hc. - ATT: Jen Dave1
Jack Parkos, Vice-President
_.
Historic Farm - Eden Prairie, MN
PROPOSAL REQUEST #IS
Cost,to install one new 120 volt ciicuit in Toom #12O: ,
Subcontractor Cost
10% Overhead & Profit:
Subtotal:
Bond Mahip:
Tatd Ad&
JWPmp
Page 1 of?
$5 17.00
5 1. -70
568.70
5.30
~574.~1
Received Time JunblOh 12:19PM i'yJ
PARKOS CONSTRUCTION COMPANY, INC.
GENERAL CONTRACTOR
1010 S. ROBERT STREET WEST ST, PAUL, MINNESOTA 55118
PhONE 455-0031 FAX 450-7740
"Ad EQUAL OPPORTUNln FMPLOYER"
Cost breakdowns as follows;
DeIete material to shore concrete:
de le^ labor to trlsoxe conate 6hrs x $62.00 pm b:
-$126+00
-$372.00
Total Credit: +$498.00
Add material to install post and bca: $160.00
Add Id~orto iasrall post aad beams 8hrs x $62.00 ptxhr: 496.00
Add for excavating: 500.00
Add labor for demolition 61us x $62.00 per hr- 372,Q#
Add for codcretc ad mow; 5,220.00
Add mataria1 for steel: 1,880.00
Add labr for steel: 620.00
Total Add: 9,248.00
10% Overhead and Profit: 924.80
Subtotal: 20,172.80
Total Add: $1 O,274.O0
Total Add: $10,274.00
Oratlld'Tmik $ 0,776.00
Bond Markup: 101.20
Total Credk - 498.00
JWP:jk
Page 1 of 6
I
I
.I
4
PARKOS CONSTRUCTION COMPANY, INC.
GENERAL CONTRACTOR
PHONE 4-55-0031 FAX 450-7740
"AN EQUAL OPPORTUNITY EMPLOYER"
1010 $. ROBERT STREET WEST ST. PAUL, MINNESOTA 55118
Date:
To:
From:
Re:
June 10,2004
-. Miller Dmwkldie, Inc. - ATT: Jen Dave1
Jack Pmkos, Vice-President
Histark Fan - Eden Prdrie, MPJ
Cost to n.m water and sat&ary saver to fkrmhouse:
Subonlractor Cost: $1 Q,400.00
Lam Seediug: 500.00
subtatal: 10,900.00
10% Overhead & Profit: 1,090.00 .
Subtotal: . I1,990.00
Bond Markup: 119.00
Total AM: $22,104*00
Page 1 of 2
Received Time Jun.10. 12:llPi
PARKOS CONSTRUCTION COMPANY, INC,
GENERAL CONTRACTOR
1fXO 5. ROBERT STREET WEST ST. PAUL, MINNESOTA 55118
. PHONE 455-003 1 FAX 450-7740
"AN EQUAL OPPORTUNITY EMPLOYER"
Date: July 14,2004
From: Jaak Parkos, Vice-P~sidinr
Tt;E; Historic Farms pR# 1.2 9 100 Riley L&e Rd
Eden Prairie, IAN 55344
Revised front stoop and, grading changes, concrete tlucbess to '5") stoop
at building, water resismce mmbm.
Cost bredcdown as follows:
survmr: $1,290.00
Excavating: 3,926.00
Concrete: 4,700.00
Steel Materkl: 376.00
Steel labor per haur'$75.00 x 4 bows; 3ao.00
Rough Carpenm Wdkrial: 325*00
Carpentry labor per hour $62.00 x 2 how: 248,OO
Membrane Materid: 75.00
Membrane labor per hour $62.00 x 2 hours: 248.00
Subtotal: 11,164.00
10% Overhead & Profit: 1,116.40
subtatal: 12:2810,40
Bond Mirkup: 122.60
Total Add: $1 2,40:2 .oo
Received Time Jut. 14. 2:36PM )33
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar July 20,2004
I ITEMNO*: I DEPARTMENT/DIVISION: 1 ITEM DESCRIPTION:
Office of City Manager,
Information Technology
DivisionLisa Wu
Approve expending our phone system to Eden
Prairie Center Mall by VoIP solution
Requested Action
Move to: Approve the purchase of new telephone hardware and software from Eschelon
for the City’s new office space at the Eden Prairie Center for the amount of
$21,889.
Synopsis
The City has opened new space in Eden Prairie Center Mall. The City’s IT Division
implemented a new wide area network (WAN) solution to serve the site’s data needs. The new
network capacity available through the WAN will also allow us to implement a Voice over IP
(VoIP) solution over the data line. It will provide the same City phone extension system for this
location.
This motion, if approved, will authorize the purchase of a new Mite1 Network3300 ICP System
with up to 200 phones expansion on this system. This will allow us to expand to other remote
sites, such as our liquor stores and the Outdoor Center, when new WANs are installed at those
sites in the future.
Attachment
Purchase Agreement
PURCHASE
AGREEMENT
Page 2 July 14,2004
Equipment to be installed at:
EDEN PRAIRIE SHOPPING CENTER
(Address To Be Advised)
Equipment to be invoiced to:
CITY OF EDEN PRAIRIE
8080 Mitchell Road
Eden Prairie, MN 55344
952-949-8300
MITEL NETWORKS 3300 ICP SYSTEM
1
1
MSDN Networking Software Bundle. Provides networking ability and features. Includes MSDN
Voice II, MSDN Voice IV, MSDN Data, XNET and QSlG software options.
TI II (DSI) hardware package. Includes TI (DSI) Formatter Card II with internal CSU and interface
assembly. Supports both TI and EI/TI protocols. Requires Digital Link Software Options to
enable the link.
Additional Mite1 technician labor after normal business hours. 6
NOTE A: Installation of IP equipment requires customer to agree to meet the Networking
Requirements/Guidelines for Voice over IP Installations before IP equipment is to be
installed. Customer to initial each page of Networking Requirements/Guidelines form.
NOTE B: Customer to provide PC.
PURCHASE INVESTMENT: $21,889.00
$6,567.00 Down Payment, $13,134.00 Upon delivery, $2,188.00 Upon completion, plus tax.
ANY ADDITIONS TO THIS CONTRACT WILL BE BILLED AT STANDARD TIME AND MATERIALS RATES, THESE ADDITIONS WILL BE
PRESENTED TO THE CUSTOMER ON AN ADDITIONS/DELETIONS FORM TO BE APPROVED PRIOR TO COMMENCEMENT OF THE
WORK. RESTOCKING CHARGES WILL APPLY TO ALL SPECIAL ORDER AND CUSTOMIZED PRODUCTS. SUBJECT TO CREDIT
APPROVAL BY ESCHELON TELECOM, INC. (HEREINAFTER THE “COMPANY”) AND ALL OF THE TERMS AND CONDITIONS SET FORTH
ON THE REVERSE SIDE OF THIS DOCUMENT, THE CUSTOMER AGREES TO PURCHASE THE ABOVE EQUIPMENT FROM THE
COMPANY AT THE PRICES AND ON THE TERMS SET FORTH HEREIN.
Customer agrees at their own cost, to provide a dedicated electrical outlet and, if necessary, a company-specified AC line conditioner.
This proposal may be withdrawn by Eschelon Telecom, Inc. if not accepted within 30 days.#l06048(tgg)(mao)(epsc-3300-P)
ESCHELON TELECOM, INC.
Accepted (Firm Name) Customer
Signature and Title Date Signature and Title
/3Ei
PURCHASE
AGREEMENT
Page 1 July 14,2004
Equipment to be installed at:
EDEN PRAIRIE SHOPPING CENTER
(Address To Be Advised)
Equipment to be invoiced to:
CITY OF EDEN PRAIRIE
8080 Mitchell Road
Eden Prairie, MN 55344
952-949-8300
MITEL NETWORKS 3300 ICP SYSTEM
Mitel Networks 3300 ICP MX Controller for up to 200 phones. Includes: dual copper interface
module, one 10/100 Mb switched Ethernet port, embedded analog main board which supports 6 LS
CLASS trunks, 2 ONS ports, 1 music on hold, 1 paging port, Release 5.0 base software package
with ACD Real Time Events, ANI/DNIS/ISDN number delivery, Answer Plus Automatic Attendant,
Answer Plus Automatic Call Distribution II, Answer Plus Mitel Call Distribution, COV set, DNI,
DSS/BLF, MSANIAPNSS, MSDN/DPNSS Public Network Access, MSDN/DPNSS Voice I - VI SMDR
external, Superset 700 color, TVD4, TAP1 Support, Traffic Reporting and Advanced Analog
Networking. Includes 20 ports of voicemail. User, device and mailbox licenses sold separately.
Additional charges will apply to data network changedsetup.
Mitel Networks Universal TI/EI NSU. Supports up to 2 PRI or 2 T-I links. Includes 1 fiber interface
module, 2 copper interface modules and multi-mode fiber optic cable with ST connectors. Supports
Tl/D4/PRI/MSDN/QSIG/XNET/DPNSS/DASSI1/El. One NSU per protocol. Includes external
modem. Digital link license sold separately.
ICP Dual FIM
Network Link License
3300 (I) IP Phone license. Enables 1 user & 1 device on 3300 ICP.
521 5 IP phone, dark gray. Handsfree speakerphone, dual port, 1011 00 Mb switched Ethernet. 2-
line, 20 character display with 7 programmable buttons and 8 fixed-function keys. G. 71 1/G. 729
encoding. Includes (1) 7' patch cord. 48 VDC Power adapter and IP license sold separately.
Powerdsine 6 port IEEE 802.3af Power Hub. Includes 6 1' patch cords for connection to LAN
switch.
Mitel 31 00/3300 System Administrative Training. Includes 3300 operating software and technical
documentation CD and 6 hours of training. Maximum of 2 people to be trained. Requires customer
sign release agreement.
MSDN Digital Trunk Software Bundle. Enables PRI protocol on NSU and also provides basic MSDN
features. Includes: MSDN Voice I, Ill, V, Public Network Access, MSAN Voice I and ANVDNIS.
CITY COUNCIL AGENDA
I SECTION:
DATE: 1 July 14,2004
DEPARTMENTDIVISION: ITEM DESCRIPTION:
Ice Rink Floor Replacement
OCMPacilities
Paul Sticha
ITEM NO.:
Requested Action
Move to: Award contract to Commercial Refrigeration Systems, Inc in the amount of
$285,657.00 for the Replacement of the Ice Rink #1 floor at the Eden Prairie Community Center.
Synopsis
Ice Rink #1 at the Community Center was discovered to have significant leaks in both the Freon
cooling system and the sub-floor water/glycol heating system. Rink #1 was shut down early in
May to assess damage and recommend a course of action. It was determined that the floor and
all piping systems associated with the floor should be replaced at this time.
Background Information
The City of Eden Prairie hired Stevens Engineering to do a complete evaluation of Ice Rink # 1.
Testing of the refrigeration piping determined that it was so corroded that the system was
unusable. During the evaluation it was also determined that the piping for the underground
heating system had also failed and was beyond repair.
floor and underground piping system needed to be replaced.
It was ultimately determined that the
#
1 ltasm
j Base Bid
-.-- ! A)!. Na.1 I Project Schedule Change
, Ai$. Mo.2 - Repair Compmssor No. 3
i At.. No.3 - Repair Float Switches i AIL Pdq4 .. Replace Dump Solenoids . , ,
j Aft. No.5 - Replace Vent Solenoids
rAR. - NU.B - Replace Press. Relief Valves
' At. No.7 - Isolate Compressors
LL. ':'btsi of Base _.. Bid plus Alternate Bids -...-
STEVENS
ENGINEERS
Contrado& Bid
$275,,1 32.00--, .
($3500.00)
$250.00
$I 150.00
$41 25.00
$3450.00
$950.00
$~00.00
, . $282.157.00
-7. --
j-+; ICO Rink Floor Replacement Project - Bid Results
Our File No. 6012
3car Mayor TyraYLukens and Council Members:
Two other ice rink contractors were awam of the project and sefected not to submit B bid.
Sornmercial Refrigeration Systems is very experienced in direct ice rink floor replacements and is
c.mfiden'c theycan meet the project schedule. Since extending the pmject schedule one! week
:Aiternate No.1 ) offers llttle savlngs, we recommend not awarding this alternate. We recornmend
&mtding the base bid and Alternates No. 2 through 7 to Commemial Refrigeration Systerrls for a
idal contract of $285,857.00. .
1656 Livingstone Road 4 Hudson, WI 54016
T15-386-5819 9 651-436-2075 800-822-7670 fax; 71 53865879 = www.stevensengIr.leers.com 1353
..
Tbe selecfed contractor is required to submifa performance and payment bond in the totial amount
a' the bid within IO days after the award of the contract or prior to starting work. We willi send out
scns:tnrction contracts to the contractar affer City Council has approved the award. Work on this
project is scheduled to begin OR August 2,2004 and completed by October 4,2004, If you have
any questions after reviewing this letter please feel free to Gall us at 651.436.2075.
Ycm very truly,
. ,n. ,,. Paul Sticha - City of Eden Prairie
Michael Sheggeby - City of Eden Prairie
Marc Thielman - City of Eden Prairie
1
,. ~
~-f9norable May0;r and City Council
3s:obsr 13,2003
,
Page 2
Description of work;
To:
Ice Rink Floor Replacement
Eden Prairie Community Center Ice Arena
Eden Prairie, MN
Mr. Mark Rodorigo
Commercial Refrigeration Systems, lnc.
104 E. Chestnut Street Virginia, MN 55792
The Owner has considered the Proposal submitted by you forthe above described work in twsponse -- :" l',?.-. ''J Notice and Instructions to Bidders dated July. 2004
? is to the best interest of said Owner to accept your Proposal for the Base Bid in the amount of
Two Hundred Eiahtv Five Thousand Six Hundred Fifty Seven and No/-IQO ($285,657,001
you are hereby notified that your Proposal has been accepted for the Ice Rink Floor RePlac:ement
.- Eden Prairie Community Center Ice Arena. You are required by the Notice and lnstrudion to Bidders
1;.3 sx.sxte the contract within ten (IO) days from the date of the delivery gf the Notice tu you.
Dated thia 20 day of Julv, 2004.
City. of Eden Prairie. Minnesota
Owner
BY
Signature
Printed Name
+ Title
ACCEPTANCE OF NOTICE BY CONTRACTOR
?e!ceipt of the above Notice of Award is hereby
zckiawladged this . ... .. Day of Julv\ 2004.
Ey . ,
Signature
Printed Name
Title
-" h- - -a.'2!fs~ Award - Page I IGe Rink Floor Replacement
3erens Engineers Project No. 6012 City of Eden Prairie, MN -
I40
CITY COUNCIL AGENDA
SECTION: Public Hearings
DEPARTMENTIDIVISION: ITEM DESCRIPTION: Community Development/Planning
Michael D. Franzen Hartford Commons 2nd Addition
I DATE: 07/20/04
I ITEM NO.:
4C.k
Requested Action
Move to:
0 Close the Public Hearing; and
0 Adopt the Resolution for Planned Unit Development Concept Review on 17.8 acres; and
0 Approve 1st Reading of the Ordinance for Planned Unit Development District Review with
waivers, and Zoning District Amendment in the RM-6.5 District on 17.8 acres; and
0 Adopt the Resolution for Preliminary Plat on 17.8 acres into 40 lots; and
Direct Staff to prepare a Development Agreement incorporating Staff and Board
recommendations and Council conditions.
Synopsis
The approved plan for phase two is 131 multiple family towrihomes at a gross density of 17.84
units per acre.
0 Urban Townhouses - 52 units.
0 Urban Flat Townhouses - 32 units.
0 Urban Row townhouse - 47 units.
The revised plan has a different mix of the same product and one new product.
0 Urban Townhouses - 61 units.
0 Urban Flat Townhouses - 0 units.
0 Urban Row townhouse - 17 units.
0 Vista Townhome - 52 units.
Community Planning Board Recommendation
The C ommunity P lanning B oard v oted 5 -0 t o recommend approval o f t he project to the C ity
Council at the June 28,2004 meting.
Background Information
The project requires the following waivers.
Front Yard Setback fiom 30 feet to 15 feet.
Gross Site Area per Unit fiom 6,500 sq. ft. to 2,441 sq. ft.
Density fiom 6.7 units per acre to 17.6 units per acre.
These waivers are similar to the ones granted in 2001.
Attachments
1. Resolution for PUD Concept Review
2. Resolution for Preliminary Plat
3. Staff Report June 28,2004
4. Community Planning Board minutes dated June 28,2004
HARTFORD COMMONS 2ND ADDITION
CITY OF EDEN PRAIRZE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2004--
A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT
CONCEPT OF HARTFORD COMMONS 2ND ADDITION
FOR DAVID BERNARD HOMES
WHEREAS, the City of Eden Prairie has by virtue of City Code provided for the Planned
Unit Development (PUD) Concept of certain areas located within the City; and
WHEREAS, the Community Planning Board did conduct a public hearing on June 28,
2004, on Hartford Commons 2nd Addition by David Bernard Homes and considered their
request for approval of the PUD Concept plan and recommended approval of the request to the
City Council; and
WHEREAS, the City Council did consider the request on July 20,2004.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie,
Minnesota, as follows:
1. Hartford Commons 2nd Addition, being in Hennepin County, Minnesota, legally
described as outlined in Exhibit A, is attached hereto and made a part hereof.
2. That the City Council does grant PUD Concept approval as outlined in the plans
stamp dated July 20,2004.
3. That the PUD Concept meets the recommendations of the Community Planning
Board dated June 28,2004.
ADOPTED by the City Council of the City of Eden Prairie this 20th day of August,
2004.
Nancy Tyra-Lukens, Mayor
ATTEST:
Kathleen A. Porta, City Clerk
EXHIBIT A
PUD Concept- Hartford Commons 2nd Addition
Legal Description:
Outlot E, Hartford Commons
HARTFORD COMMONS 2ND ADDITION
CITY OF EDEN PRAIRTE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2004--
RESOLUTION APPROVING THE PRELIMINARY PLAT
OF HARTFORD COMMONS 2ND ADDITION
FOR DAVID BERNARD HOMES
BE IT RESOLVED, by the Eden Prairie City Council as follows:
That the preliminary plat of Hartford Commons 2nd Addition for David Bernard Homes stamp
dated July 20,2004, and consisting of 6.74 acres into 11 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 12th day of July, 2004.
Nancy Tyra-Lukens, Mayor
ATTEST:
Kathleen A. Porta, City Clerk
STAFF REPORT
TO:
FROM:
DATE:
SUBJECT:
APPLICANT
OWNER:
LOCATION:
REQUEST:
Community Planning Board
Michael D. Franzen, City Planner
June 25,2004
Hartford Commons 2nd Addition 2004
David Bernard Builders and Developers
David Bernard Builders and Developers
East of Prairie Center Drive, between Rolling Hills Road and Prairie Lakes Drive.
1. Planned Unit Development Concept Amendment on 17.88 acres
2. PlannedUnit Development District Review with waivers on 17.88 acres inthe
RM-6.5 Zoning District
3. Zoning District Change from Commercial Regional Service to the RM-6.5
Zoning District on 17.88 acres
4. Site Plan Review on 17.88 acres
5. Prelirinary Plat of 17.88 acres into 40 lots and 4 outlots
Area Location Map - Hartford Commons PUD
Amendment 2004
Rolling Hills Rd. and Prairie Lakes Dr.
Staff Report - Hartford Commons 2"d Addition 2004
June 25,2004
APPROVED PLAN
The approved plan for phase two is 13 1 multiple family townhomes at a gross density of 17.84 units
per acre.
There are three different building types:
0 Urban Townhouses - 52 units.
Urban Flat Townhouses - 32 units.
0 Urban Row townhouse - 47 units.
REVISED PLAN
The revised plan has a different mix of the same product and one new product.
Urban Townhouses - 61 units.
Urban Flat Townhouses - 0 units.
0 Urban Row townhouse - 17 units.
0 Vista Townhome - 52 units.
PLANNED UNIT DEVELOPMENT WAIVERS
The project requires the following waivers.
0 Front Yard Setback from 30 feet to 15 feet.
0 Gross Site Area per Unit from 6,500 sq. ft. to 2,441 sq. ft.
0 Density from 6.7 units per acre to 17.6 units per acre.
PARKING
The project provides the required parking.
LANDSCAPING
The proposed landscape plan relocates plant material approved as part of the master plan. The
building square footage is the same so no additional landscaping is required.
ARCHITECTURE
The proposed architecture is consistent with the approved plan.
2
Staff Report - Hartford Commons 2nd Addition 2004
June 25,2004
DRAINAGE
Water drains to existing treatment ponds near the office buildings north of the proposed project.
UTILITIES
Sanitary sewer and water is available to the site.
STAFF RECOMMENDATION
Approval of the following requests.
0
0
0
0
0
Planned Unit Development Concept Amendment on 17.88 acres
Planned Unit Development District Review with waivers on 17.88 acres
Zoning District Amendment in the RM-6.5 Zoning District on 17.88 acres
Site Plan Review on 17.88 acres
Preliminary Plat of 17.88 acres into 40 lots and 4 outlots
This would be based on plans dated June 11,2004, this staff report, and the following conditions:
1. Prior to grading permit issuance, the proponent shall:
A. Install erosion control and tree protection fencing at the grading limits of the property for
B. Submit detailed street, storm water runoff, utility and erosion control plans for review by
review and approval by the City Engineer and City Forester.
the City Engineer and Watershed District.
2. Prior to building permit issuance, the proponent shall:
A. Review the building plans with the Fire Marshal, including details regarding fire access
B. Review the building plans with the Senior Plan Reviewer, including details regarding
C. Submit a bond for landscaping in accordance with City Code.
D. Submit samples of exterior materials.
to the site and sprinkling for each building.
code requirements for each building based on property line locations.
3. The following waivers are granted as part of the PUD:
A. Front Yard Setback fiom 30 feet to 15 feet.
B. Gross Site Area per Unit from 6,500 sq. ft. to 2,441 sq. ft.
C. Density fiom 6.7 units per acre to 17.6 units per acre.
3
Community Planning Board
June 28,2004
Page 6
D. HARTFORD COMMONS PUD AMENDMENT 2004 by David Bernard
Homes. Request for Planned Unit Development Concept Review on 17.8 acres,
Planned Unit Development District Review and Zoning District Amendment in
the RM6.5 District on 6.74 acres, Site Plan Review on 6.74 acres, and Preliminary
Plat of 6.74 acres into 11 lots. Location: Rolling Hills Road and Prairie Lakes
Drive.
Tim Whitman, Executive Vice President of David Bernard, Division of the
Rottlund Company said that Phase I is complete. Whitman said he was here to
request changes to Phase I1 of the development because of what they have learned
fi-om the market while building Phase I. Whitman said that the approved plan for
Phase I1 are 13 1 multiple family townhouses at a gross density of 17.84 units per
acre with three building types: Urban townhouses (52 units), Urban Flat
townhouses (32 units), Urban Row townhouses (47 units). Whitman explained
that the revised plan has a different mix of the same product and one new product:
Urban townhouses (61 units), Urban Flat townhouses (0 units), Urban Row
townhouses (17 units), Vista townhouses (52 units). Whitman said that they
would be introducing the Vista townhouses and eliminating the Urban Flat
townhouses in Phase 11. Whitman said that the proposed plan is very similar to
the approved plan. Whitman said that they are proposing the same number of
units, but are adding more parking spaces for guests. The new product type
allows for more guest parking, Whitman said they have met with the neighbors
and the neighbors asked that this type of project be advanced. Staff asked that
more sidewalks be introduced and that has been incorporated into the proposed
plan. Whitman said that in the center of the project there is a fountain and
gazebo. Whitman said that there is no change in density, there is an increase in
parking, the development will develop at a faster pace, and the neighbors are in
support of the project.
Nelson noted that the urban flat townhouse would be eliminated and asked what is
the urban flat townhouse style.
Whitman said that the urban flat townhouse is the one-level townhome.
Nelson asked what happened to the live-work unit type of townhome where the
homeowners could set up a shop in their home.
Whitman said that the live-work units were eliminated because they would have
had to change the City ordinance to make them work. Whitman said that as the
ordinance is set up today, homeowners could set up a business in their homes.
Nelson was not supportive of the request because of the elimination of the urban
flat townhomes and live-work units. Nelson said that they are eliminating some
of the things that the Board originally discussed when the project was approved.
Community Planning Board
June 28,2004
Page 7
Franzen said that staff is recommending approval because the density is the same,
the architecture fits in with the architectural theme, the sarne streetscape is
maintained, it maintains the walk ability, and there is more guest parking. The
live-work units are confined to the definition of home occupation, which would
include retail sales. The live-work units in Lincoln Park are zoned commercial. If
a home is in the right zoning district and the right location, a person can live
upstairs and havc a business downstairs. Rezoning of Hartford Commons 2"d
Addition to commercial goes against the sentiment of the neighborhood since they
fought against commercial development in that area. Hartford Commons would
have had to amend the zoning, which would be a problem with neighbors in the
area. The City could amend the home occupation ordinance for Hartford
Commons, but the City would then have to amend the home occupation ordinance
citywide.
Whitman then reviewed the guest parking.
Michael Erickson, 9503 Marshall Road, Eden Prairie, adjacent to the
Phase I1 development asked if there was going to be a fountain in the plan and if
there is going to be a 30 foot variance adjacent to his existing home and along
Rolling Hills Road.
Whitman said the fountain would be retained as proposed and the variance is only
external to the public roads (Prairie Lakes Drive and Rolling Hills Road) and that
the setback variance is consistent with the approved plan. There are no changes
in the variances as originally approved.
The elimination of the urban flat townhomes was discussed. Whitman explained
that there was not a demand for this type of product, so they changed the plans to
include the vista style townhomes.
Stoltz asked Franzen if there were any problems with Phase I of the project.
Franzen said that they have had no problems with the development.
MOTION by Seymour, seconded by Nelson to close the public hearing. Motion
carried 5-0.
MOTION by Seymour, seconded by Brooks to approve Hartford Commons PUD
Amendment 2004 by David Bernard Homes. Request for Planned Unit
Development Concept Review on 17.8 acres, Planned Unit Development District
Review and Zoning District Amendment in the RM-6.5 District on 6.74 acres,
Site Plan Review on 6.74 acres, and Preliminary Plat of 6.74 acres into 11 lots.
Location: Rolling Hills Road and Prairie Lakes Drive. Motion carried 4-1.
CITY COUNCIL AGENDA
SECTION: Public Hearings
DATE: 07/20/04
DEPARTMENTDMSION:
Community Development/Planning
Janet Jeremiah
Scott A. Kipp
ITEM DESCRIPTION:
Edenvale Highlands
ITEM NO.: E
Requested Action
Move to:
0 Close the Public Hearing; and
0 Approve 1st Reading of the Ordinance for Zoning District Change -&om Rural to R1-13.5 on
10.62 acres; and
0 Adopt the Resolution for Preliminary Plat on 10.62 acres into 8 lots; and
Direct Staff to prepare a Development Agreement incorporating Staff and Board
recommendations and Council conditions; and
0 Authorize issuance of an early grading permit for Edenvale Highlands
Synopsis
This is for 8 single-family lots.
Community Planning Board Recommendation
The Community Planning Board voted 5-0 to recommend approval of the project at its June 28,
2004 meeting.
Background Information
The project was originally nine lots. One lot was eliminated prior to Community Planning Board
review.
A conservation easement along the rear yards of Lots 1 through 5 is proposed. This will protect
the wooded slope and shoreland bluff area. Outlot A located along Purgatory Creek will be
dedicated to the City.
No variances to the City code are proposed.
The developer’s consultant indicates tree loss of 35%. According to the City Forester, tree loss
is 44%. The difference is due to the consultant’s inclusion of some non-significant trees in the
total count, and additional tree loss anticipated by the City Forester with the construction of the
retaining walls. An additional 405 caliper inches of tree replacement is required. The plan has
not yet been revised. This requirement will be included in the Development Agreement.
City Council Agenda
Public Hearings - Edenvale Highlands
July 20,2004
Page 2
A total of 23,000 cubic yards of excess fill will be removed f?om the property. The developer is
requesting City Council authorization for early grading so this work can begin prior to 2"d
Reading for the project.
Attachments
1. Resolution for Preliminary Plat
2.
3.
4.
Staff Report dated June 25,2004
Letter requesting early grading permit issuance dated July 13,2004
Community Planning Board minutes dated June 28,2004
I53
EDENVALE HIGHLANDS
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2004--
RESOLUTION APPROVING THE PRELIMINARY PLAT
OF EDENVALE HIGHLANDS FOR BC DEVELOPMENT, LLC
BE IT RESOLVED, by the Eden Prairie City Council as follows:
That the preliminary plat of Edenvale Highlands for BC Development, LLC stamp dated June 23,
2004, and consisting of 10.62 acres into 8 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 20th day of July, 2004.
Nancy Tyra-Lukens, Mayor
ATTEST:
Kathleen A. Porta, City Clerk
STAFF REPORT
TO:
FROM:
THROUGH:
DATE:
SUBJECT:
APPLICANT:
OWNER
LOCATION:
REQUEST:
Community Planning Board
Scott A. Kipp, Senior Planner
Michael D. Franzen, City Planner
June 25,2004
Edenvale Highlands
BC Development, LLC
Kathryn Slavens as Trustee of the John M. Anderson Revocable Living
Trust Agreement dated October 22, 1997
East of the terminus of Alpine Trail, south of the Twin Cities
and Western Railroad
1. Zoning District Change fiom Rural to R1-13.5 on 10.62 acres
2. Preliminary Plat of 10.62 acres into 9 lots and 1 outlot
Area Location Map = Edenvale Highlands
East terminus of Alpine Trail, South of
Twir
Staff Report - Edenvale Highlands
June 25,2004
Page 2
BACKGROUND
An informational meeting was held on May 10,2004 for this project. At that time the proposal
was for nine single-family lots. The current plans show eight single-family lots.
The property is one of three rural lots platted as Gray Fox Bluff in 2001 by the property owner to
market for development. Last year the most southerly of these lots was approved for a thiee lot
single-family development known as the Bluffs at Purgatory Creek.
The Comprehensive Guide Plan shows the property as low density residential which would
permit up to 2.5 units per acre, 3r 26 units. Alpine Trail Estates 2nd Addition to the west of this
site is 1.9 units per acre.
PRELIMINARY PLAT
The preliminary plat shows eight single-family lots on the 10.62 acre site at a density of 0.75
units per acre.
Surrounding land is guided low density residential to the west and zoned R1-13.5. Open space to
the south and east. The Twin Cities and Western Railroad property abuts the site to the north.
Lots range between 18,998 square feet and 88,795 square feet. A zoning change to R1-13.5 is
proposed. The lots meet the dimensional and fkontage requirements of the R1-13.5 zoning
district.
Outlot A located along Purgatory Creek will be dedicated to the City. A conservation easement
along the rear yards of Lots 1 through 5 is also proposed.
No variances to the City code are proposed.
SHORELAND CODE
The property is in a shoreland area since it is located within 300 feet of Purgatory Creek. The creek
is classified as General Development Water. Lots within 150 feet of the creek are considered
abutting lots and must meet the following requirements.
0 Minimum lot size - 13,500 square feet
0 Minimum lot width at building line - 120 feet
0 Minimum lot width at Ordinary High Water Level - 120 feet
2
Staff Report - Edenvale Highlands
June 25,2004
Page 3
0 Minimum setback fi-om Ordinary High Water Level - 100 feet
All abutting lots meet these reqliirements.
Within a shoreland area no development or alteration is permitted on a bluff which is a slope that
averages 30% or greater. Bluff area is shown within lots 4 and 5. The bluff area will not be
impacted by development.
The shore impact zone is located within 50 feet of the ordinary high water level of the creek. No
development or alteration is allowed within this zone. No alteration is proposed.
GRADING AND TREE LOSS
A significant amount of retaining wall is proposed due to maintaining adequate road grade and
related house pad elevations. These walls range in height from 4 feet to 24 feet, and will require
an engineered design dependent upon soil type, as well as a safety fence. All retaining walls will
need to be constructed as part of the overall grading for the property and completed prior to any
building permit issuance. Maintenance for these privately owned retaining walls will need to be
addressed in Owner’s Association documents.
Approximately 23,000 cubic yards of soil will be removed from the site.
The developer’s consultant indicates tree loss of 35%. According to the City Forester, a total of
4,472 diameter inches of significant trees are located on the property, with tree loss of 1,957
diameter inches, or 44%. The difference in the percentage of tree loss is due to the consultant’s
inclusion of non-significant trees in the total count and additional tree loss anticipated with the
construction of the retaining walls. Tree replacement is 1,145 caliper inches, requiring an
additional 405 caliper inches of tree replacement to be included in the plans.
The steep nature of the site, construction of the road and retaining walls are the reason for the
higher percentage of tree loss. A loss of additional lots will not significantly reduce the tree loss.
A conservation easement is proposed to protect all trees and vegetation within the undisturbed
rear yard areas of lots 1 through 5, and the shoreland bluff area.
UTILITIES
Sanitary sewer and water will serve the property fi-om existing lines located in Alpine Trail.
Storm sewer, including rear yard sewer extensions for Lots 1 through 4, will direct storm water to
3
Staff Report - Edenvale Highlands
June 25,2004
Page 4
the proposed NURP pond shown on the south portion of the property. Access to maintain the
pond is provided fiom Alpine Trail along the west side of the property.
WETLANDS
A large wetland complex borders the property. A conservation easement was placed over the
wetland as part of the plat for Gray Fox Bluff in 2001. This area will be dedicated to the City as
an outlot.
ROAD ACCESS
The public road is designed at the maximum permitted grade of 8%. The temporary turnaround
at the existing terminus of Alpine Trail will be eliminated. Sight distance around the inside
curve of the street is proposed to accommodate a 20 miles per hour design speed.
STAFF RECOMMENDATION
Recommend approval of the following request:
0
0
Zoning District Change fiom Rural to R1-13.5 on 10.62 acres.
Preliminary Plat of 10.62 acres into 8 lots and one outlot.
This is based on plans dated June 23,2004, and the following conditions:
1. Prior to City Council review, the developer shall revise the tree replacement plan to
include an additional 405 caliper inches of tree replacement.
2. Prior to release of the final plat, the proponent shall:
A. Submit detailed storm water runoff, utility, and erosion control plans for review
and approval by the City Engineer and Watershed District.
B. Submit for review a conservation easement to be recorded on the property for the
protection of existing trees and shoreland bluff as identified on the plans.
C. Submit for review Homeowner’s Association documents to be recorded on the
property that include, but are not limited to maintenance of the retaining walls,
tree preservation, and conservation easements.
3. Prior to grading permit issuance, the proponent shall:
4
Staff Report - Edenvale Highlands
June 25,2004
Page 5
A. Notify the City and Watershed District 48 hours in advance of grading.
B. Install erosion control on the property, as well as tree protection fencing at the
grading limits in the wooded areas for trees to be preserved as part of the
development. Said fencing shall be field inspected by the City Forester prior to
any grading.
C. Provide to and obtain approval from the Inspections Department detailed
engineering design and specifications for all retaining walls to be constructed as
part of the overall grading for the property.
4. 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 for 1,145 caliper inches.
B. Pay the Cash Park Fee.
July 13,2004
Eden Prairie City Council
C/o Scott Kipp
8080 Mitchell Road
Eden Prairie, MN 55344
RE: EDENVALE HIGHLANDS
REQUEST FOR EARLY GRADING PERMIT
Dear City Council,
I am writing to formally request authorization from the City Council to be granted an early grading permit for
the Edenvale Highlands development.
Based upon estimates from the contractors that will be performing the majority of the work on the develop-
ment, I am anticipating 8-12 weeks of work to get the project completed. According to the schedule we are
following for the approval process, the City Council Consent Agenda meeting will not be until August 17".
As a result, I would not be able to get contractors started until the beginning of September. This could prove to
make for a really tight schedule toward the end of the season.
The Edenvale Highlands site will have excess material that will need to be exported. There are several sites
that are projected to be available in August for this material. The first site, and most idealistic geographically,
is located at 13618 St. Andrew Drive in Eden Prairie, which is just a short five minute drive from my site.
St. Andrew Drive is to be developed in the near future and will need a significant amount of imported material,
which makes it an ideal match to our site. Other sites may be available later, but availability changes daily and
as we get later in the season, optional sites become limited.
Allowing me to get an early start will be very helpful in controlling the overall length of time the area is under
construction. Further, and maybe more importantly, I would really like to minimize the impact on the adjacent
neighborhood. By getting started in summer months, the weather and daylight will allow us to make greater
progress daily, which potentially shortens the overall time. There are several reasons to get started early, so I
respectfully request your approval.
Thank you for your time and consideration in this matter.
Sincerely,
Floyd Calhoun
Ofc: 952.556.5555
Fax: 952.556. I I I I
I50 Pioneer Trail, ff520
Chaska, Minnesota 55318
Community Planning Board
June 28,2004
Page 8
E. EDENVALE HIGHLANDS by BC Development, LLC. Request for Zoning
District Change from Rural to R1-13.5 on 10.62 acres, Preliminary Plat of 10.62
acres into 9 lots and road right-of-way, Location: East terminus of Alpine Trail,
south of the Twin Cities and Western Railroad.
Floyd Calhoun, resident of Chaska, representing BC Development, LLC.
Calhoun said that they have addressed traffic issues, impact on the neighborhood,
trees, ponding questions, and other issues since the informational meeting.
Calhoun said that they have had neighborhood meetings to discuss the concept
and plan. Calhoun said that they are now proposing 8 single-family lots rather
than the original 9 single-family lots.
Franzen said that staff recommends approval with conditions as listed in the
June 25,2004 staff report.
Stoelting asked about the retaining walls and the fencing around the retaining
walls.
Calhoun said that the City requires a fence around any retaining wall that is over 4
feet for safety purposes. Many of the retaining walls are over 4 feet. The fences
will be an aluminum product that will be a minimum of 42 inches in height and
they will be black so they will fit better in the natural surrounding.
Steve Johnston with Landform, engineers, planners, surveyors, and landscape
architects for the project reviewed where the retaining walls would be placed and
how they would be engineered on the site.
Johnston said that they anticipate a 35% tree loss, but the staff report indicates a
44% tree loss.
Fox said his calculations were higher because he was concerned about the 20-foot
cuts within the base of oak trees. Fox wondered if the soils would hold the 5-fOOt
face without sloughing off and losing the trees. Fox said he did a worse case
scenario for tree loss. Fox indicated that they have not seen any soil borings.
Johnston said they have not provided the soil borings, because it would require
them to remove trees just to get a rig in there. Johnston said they would do soil
borings once the project had preliminary approval. Johnston said the neighbors
were told that no trees would be removed until the project had preliminary
approval.
Paul Kozloski, 6863 Alpine Trail, spoke on behalf of the neighborhood. Kozloski
thanked the Board for their interest and time on the project. Kozloski said that the
Alpine neighborhood highly recommends the project, totally supports the project,
and welcomes it with open arms. Kozloski said the key reason for that is that
Community Planning Board
June 28,2004
Page 9
Floyd Calhoun and Steve Johnston have sold themselves to the neighborhood as
great neighbors doing a great job. Kozloski said that Calhoun has gone out of his
way to communicate with the neighborhood and hoped that he would move in the
new development. Kosloski thank the Board again for doing a good job.
Brooks asked Calhoun about house prices.
Calhoun said the homes would be valued at $325,000+.
MOTION by Nelson, seconded by Seymour to close the public hearing. Motion
carried 5-0.
MOTION by Nelson, seconded by Brooks to recommend approval of Edenvale
Highlands by BC Development, LLC. Request for Zoning District Change from
Rural to R1-13.5 on 10.62 acres, Preliminary Plat of 10.62 acres into 9 lots and
road right-of-way, Location: East terminus of Alpine Trail, south of the Twin
Cities and Western Railroad based on plans dated June 23,2004 subject to the
following conditions: (1) Prior to City Council review, the developer shall revise
the tree replacement plan to include an additional 405 caliper inches of tree
replacement, (2) Prior to release of the final plat, the proponent shall: (a) submit
detailed storm water runoff, utility, and erosion control plans for review and
approval by the City Engineer and Watershed District, (b) submit for review a
conservation easement to be recorded on the property for the protection of
existing trees and shoreland bluff as identified on the plans, (c) submit for review
Homeowner’s Association documents to be recorded on the property that include,
but are not limited to maintenance of the retaining walls, tree preservation, and
conservation easements, (3) Prior to grading permit issuance, the proponent shall:
(a) notify the City and Watershed District 48 hours in advance of grading, (b)
install erosion control on the property, as well as tree protection fencing at the
grading limits in the wooded areas for trees to be preserved as part of the
development. Said fencing shall be field inspected by the City Forester prior to
any grading, (c) provide to and obtain approval from the Inspections Department
detailed engineering design and specifications for all retaining walls to be
constructed as part of the overall grading for the property, (4) 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 for
1,145 caliper inches, (b) pay the Cash Park Fee. Motion carried 5-0.
/63
CITY COUNCIL AGENDA DATE:
SECTION: Public Hearing
DEPARTMENT/DIVISION: ITEM DESCFUPTION: I.C. 03-5606 ITEM NO.:
Public Works
Eugene A. Dietz
July 20,2004
E.c - Order Improvements and Prepare Plans and
Specifications for Hidden Ponds Trail and Pond I Improvements -
Requested Action
Move to:
1. Close the public hearing
2. Adopt the resolution ordering Hidden Ponds Trail and Pond Improvements
Synopsis
With the assistance of HTPO, Inc., the staff has prepared a feasibility study for reconstruction of
trails and sediment removal from several ponds in the Hidden Ponds First and Second Additions.
This public hearing and the adoption of the attached resolution is the next step in advancing this
project. Since the feasibility study is not the result of a petition from affected owners, the
requirement for approval of the resolution is by four-fifths majority vote.
Background Information
Through a process guided by Parks Department staff that began in approximately 1992, the City
of Eden Prairie has come to own the outlots containing trails and ponds in the First and Second
Additions of Hidden Ponds. The informal caveat of this process has been that if the property
owners pay the cost to upgrade the trail system to current City standards, the City of Eden Prairie
would own and maintain these outlots and trails in perpetuity.
Although the primary objective is to replace the trail system, it was determined during the
scoping process of the project that access to the ponds for maintenance purposes would be over
the trail system that is proposed to be replaced. Therefore, the project involves a first stage of
sediment removal from several of the ponds during the winter of 2004 / 2005 and then the
complete reconstruction of the trails in the Spring / Summer 2005.
The feasibility study estimates that the assessment for each of the 258 properties in the
assessment district will be approximately $655.00. It is proposed to assess that amount over a
ten-year period.
The feasibility study concludes that the project is both necessary and feasible. Staff recommends
that Council order the improvements in accordance with the schedule included in the feasibility
study.
Attachment
Feasibility Study
CITY OF EDEN PRAJRJE
HENMEPIN COUNTY, MINNESOTA
RESOLUTION NO.
RESOLUTION ORDERTNG IMPROVEMENTS AND
PREPARATION OF PLANS AND SPECIFICATIONS
WHEREAS, a resolution of the City Council adopted the 1st day of June, 2004, fixed the 20th
day of July, 2004, as the date for a public hearing on the following proposed improvements:
I.C. 03-5606: Hidden Ponds Trail and Pond Improvements
WHEREAS, ten days published notice of the Council Hearing through two weekly publications
of the required notice was given and the hearing was held on the 20th day of July, 2004, at which
all persons desiring to be heard were given an opportunity to be heard thereon.
NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council:
1. Such improvement is hereby ordered.
2. The City Engineer is hereby designated as the Engineer for this project and is
hereby directed to prepare plans and specifications for the making of such
improvements, with the assistance of HTPO, Inc., consulting engineers.
ADOPTED by the Eden Prairie City Council on July 20,2004.
ATTEST:
Nancy Tyra-Lukens, Mayor
SEAL
Kathleen A. Porta, City Clerk
Page 1 of 2
Gene Dietz
From: Gene Dietz
Sent:
To: ‘trtlke’
Subject: RE: Hidden Ponds Improvement Project
Tuesday, June 29,2004 8:34 AM
Dear Mr. Zoerb,
Thank you for your comments. In fact, the report you received shows that there will be no assessments for pond
maintenance. The cost for this work is being paid from a fund we call the “Storm Water Utility”. The source of this
fund is through the collection of a fee with each resident‘s water bill. For single family homes like yours, it is $3
per quarter--$I2 per year.
We kind of expected some mixed reaction about the need for the trails in your neighborhood-some people value
and use them, while others might prefer abandonment. However, we do believe that they are an amenity that has
a positive impact on the character of your neighborhood and the resale value of each of your homes.
Finally, the existence (or not) of the homeowners association does not give any special authority for assessing the
cost of the trail improvements. More to the point, all homeowners in the association were responsible as a group
for the maintenance of the trails. That is the rationale as to why we are recommending that the cost of upgrading
the trails by special assessment rather than requiring all property owners in the City to pay for the cost through
property taxes. The concept of an association for your development was created to maintain the common space
and the special features-trails and outlots-because it was intended to give a unique character to your
neighborhood. Our preference was that the City not become involved, but we have come to understand over the
years that associations comprised of single family homes do not work particularly well. In townhome projects
where a management company is usually hired to perform all yard and exterior maintenance, someone is
necessarily responsible to “keep the books” and invoice each resident for the costs. That aspect of your
association never worked, even though the responsibility for trail maintenance still existed. Therefore, the
compromise of having the neighborhood pay the cost of upgrading the trails to City standards, transfer of the
outlots to City ownership and future maintenance being the responsibility of the City was developed.
I hope this information addresses your comments.
Sincerely,
Eugene A. Dietz, P.E.
Director of Public Works
8080 Mitchell Road
Eden Prairie, Mn 55344
952-949-831 0 phone
952-949-8326 fax
gdietz@edenprairie.org
-----Original Message-----
From: trtlke [mailto:trtlke@mn.rr.com]
Sent: Monday, June 28,2004 8:06 PM
To: Gene Dietz
Subject: Fw: Hidden Ponds Improvement Project
Dear Mr. Dietz:
I will be out of town on the day of the meeting for the Hidden Ponds Improvement
Project meeting. Therefore, I would like to share with you viewpoints my wife and I
have regarding this proposed project. My wife and I have lived at this present address
since 1983 and have been around to get a little of the background.
7/14/2004 / 46
Page 2 of 2
First of all, I have watched with dismay over the years how the City of Eden Prairie
would route storm sewer water directly or slightly indirectly into natural bodies of water.
Round Lake, Staring Lake, and our ponds to name a few. I couldn't believe my eyes
when I saw storm sewers get built that ran directly from Staring Lake Blvd into Staring
Lake back in the early 90's. Now I realize that the archetects of those misguided plans
from yesteryear are probably long retired to lake cabins up north, but that doesn't mean
the City can walk away from the total responsiblility for the problems this has created
over the years. Ergo, I don't see why the residents of Hidden Ponds should be made to
pay one dime for the rejuvenation of four ponds. Most of the siltation was problably
caused before most homes were completed during the excavation and grading phase of
the developments. The eutrophication of these ponds were caused for the most part
from the faulty design of the storm sewers.
Unlike assessments for road improvements, the four ponds and the small length of trail
benefit a few select group of homeowners in Hidden Ponds. I think that the trails should
all be abandoned and the City should pay all the costs for pond rejuvenation.
And last, Hidden Ponds as a homeowners group ceases to exist and has not existed for
years. Therefore by what authority does the City claim the right to levy this particular
group of homeowners for this project?
Timothy Zoerb
Patricia Zoerb
7/14/2004
Gene Die&
From:
Sent:
To:
cc:
Subject:
Thomas Harrer [s-tharrer@worldnet.att.net]
Sunday, July 1 1 2004 154 PM
Gene Dietz
GRP-AIICouncil; S-TharreraAtt. Net
Hidden Ponds Trail Review
Mr. Deitz,
I am writing to express concern over the new proposal to put an 8' path across the front
of our home. My wife, Susan and I were unable to attend the July 8th meeting, but reviewed
and reviewed the documents sent to us. We are against the proposal to have an 8'
blacktopped path in front of our home at 18915 Valley View Road.
We have been residents of Eden Prairie, at this location, for over 25 years. During that
time we have:
Hidden Ponds Association
Cared for and paid for the cost for the front and side lawn that was part of the
Mowed, installed sod, seeded and fertilized the area for 25 years, at our expense
In 2003 we invested over $2000. on a new driveway, I am certain would be impacted
We have planted and cared for front yard trees and landscaping, and believe they are
within our property line, but may be impacted by this change. We believe this change may
impact our property value, in a negative way, should we decide to sell our home. There are
very few, I believe under 10 homes, that would eventually have this "path" in there "front
yard".
The path on the side of our home is used by approximately 8-10 people per week. We have a
porch which overlooks the path and observe that the path is seldom used. Our preference
would be to remove the path. The path begins on Valley View and ends at Dell Road.
Would it be possible to measure the traffic usage of the side path prior to investing
these funds to resurface it? The value may not exist for the re-do. At worst case, we
would be willing to accept the path on the side of the house being redone.
We would like to inquire as to "how" this decision was made. Who participated in the
decision, and what was the process? We have had a tree down in the entrance to Hidden
Ponds off highway 101 for 3 weeks, funds to remove would be a better investment. Who owns
this responsibility now that the city took over the Hidden Ponds Association? Are there
funds for this?
We will be out of town on July 20th when the next decision is made. We hope you will at
least interview or request opinions from the neighbors most impacted by this decision. It
would be unfair to go ahead with this plan without proper input from those homeowners
"most 'I impacted .
We are dedicated to the beautification and family oriented progress that has been made in
Eden Prairie over the past 25 years. We feel that this decision is not fair to us and
would like to be presented with other options.
Please contact me with any questions or decisions to this matter.
Sincerely,
Thomas Harrer
18915 Valley View Road
Eden Prairie, MN 5536
Phone: 952 934 3346
July 13,2004
Eugene Dietz, P.E.
Director of Public Works
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 553344-4485
Director Dietz,
My name is William S. Rogers and since 1985 I have resided at 18975 Valley View Road
in Eden Prairie. I am sending you this correspondence to voice my opposition to portions
of the trail improvement project which will be coming before the Eden Prairie City
Council on Tuesday July 20,2004.
My specific concern and objection is the proposal to extend the trail system along the
south side of Valley View Road from Dell Road to Green Ridge Road. It is my
understanding this extension will result in an 8’ wide asphalt bike path that will severely
impact the front yards of five homes, including mine, from Dell Road to Green Ridge
Road. If you look at the existing trail system, you will note that with the exception of
several homes in the southeast corner of Dell Road and Valley View Road, the trail
system impacts primarily back yards and/or side yards and not front yards. You should
note that the houses built on the southeast corner of Dell and Valley View where the trail
system impacts the front yards were constructed after the trail system was already in
place.
On Thursday, July 8,2004 I attended a public hearing on the project where Eugene Dietz,
Director of Public Works, was to explain the improvements to the trail system. At that
meeting, Mr. Dietz explained to me that the decision to extend the trail along the south
side of Valley View Road was made after viewing the site for about “twenty minutes and
was proposed so the homes on Quail Circle and Green Ridge Circle could have access to
the existing trail system which connects Valley View Road to Dell Road”. My
opposition to this proposal is for the following reasons;
1) The residents on Quail Circle already have an access. They merely need to
walk across Valley View Road to get on the trail.
2) There are fourteen residences on Green Ridge Circle. Severely disrupting five
residences for the benefit of fourteen residences that may or may not ever use
the trail system seems to make little sense. Additionally, these residences can
already access the trail system by walking down Green Ridge Road to
Deerfield Trail.
3) Numerous trees and shrubs will need to be removed on the south side of
Valley View Road to extend the trail system. If the trail system needs to be
extended, which I am in opposition, it would make more sense to extend the
sidewalk on the north side of Valley View Road where fewer homes would be
impacted and the impact would be on the side yards and not the fiont yards
without any tree or shrub removal required.
This development in Eden Prairie has existed for nearly 30 years without the
proposed trail extension. Why is this so necessary when the entire Eden
Prairie community rejected the concept as part of the latest referendum?
The last reason if one of economic concern. My wife and I have lived in our
house for nineteen years and consider this, like many, our biggest investment.
During this time we have invested thousands if not tens of thousands of
dollars to improve and upgrade the value of this home. This proposed trail
extension will take away approximately 30% of my front yard and, in my
opinion and the opinion of others, would significantly lower the value of the
home. A concrete sidewalk in one’s fiont yard is one thing, an 8’ asphalt bike
path is a whole lot different. It will become a liability and not an asset. I feel
as long-term residents of Eden Prairie, we deserve more than twenty minutes
of consideration for a project for which we will suffer considerable loss in the
value of our residence.
On a related matter, I think strong consideration should be given to removing the existing
trail connecting Valley View Road to Dell Road, then seeding it and allowing the
residents along the existing path to maintain it. By removing the existing trail, the
construction of a trail on the south side of Valley View Road, as discussed above, would
not be necessary. This path merely connects Valley View and Dell Roads and is the only
path of its kind west of Dell Road. To consider it an integral part of an overall trail
system is a stretch to begin with. The proposed improvements to and rerouting of the
trail around pond 7-23-A will result in significant encroachment to the back yards for
those people living on Tartan Curve, which may also cause considerable economic
impact on their homes as well as the loss of mature trees and shrubs. Several residents of
Tartan Curve have expressed to me their concern that an improved trail will increase
access to these back yards and may result in increased acts of vandalism which already
exists. Having the trail system stop at Dell Road makes sense as the existing trail merely
takes you right back to Dell Road, approximately one block south of the intersection of
Dell and Valley View Roads. For those who wish to walk or ride west of Dell Road on
Valley View Road, you can take existing construction to Tartan Curve which will then
intersect Dell Road at the exact same location as the path. One needs to ask, why we are
proposing to disrupt so many properties along Valley View Road and Tartan Curve when
the same results can be obtained using existing construction? Increasing visibility in the
neighborhoods west of Dell Road may be one aspect, but for those of us who live there, a
real benefit exists in limiting access and having quieter and potentially safer
neighborhoods.
I thank you all for your attention to this letter. I assume all of you are homeowners and I
only ask that before you approve the extension of the trail along the south side of Valley
View Road you look at your own residence and ask how you would feel to see an 8’
asphalt path through your front yard and the consequences thereof. I urge you to give
that strong consideration so you can truly understand the impact your vote will have.
Thank you for your consideration. Please feel free to contact me should you have any
questions. I would be happy to meet with you either individually or as a group, at your
convenience, if you wish.
Sincerely,
William S. Rogers
wsrogers@,hotmail.com
(952) 937-1 178 (home)/(952) 445-4089 (work)
July 12,2004 Page 1 of 2
Gene Dietz
From: Poly Foam, Inc. [polyfoaminc@earthlink.net]
Sent:
To:
Subject: proposed trail extension opposition
Tuesday, July 13,2004 1:24 PM
Nancy Tyra-Lukens; Sherry Butcher; Ron Case; Jan Mosman; Philip Young; Gene Dietz
July 13,2004
SUBJECT: Proposed Trail System Opposition
My name is William S. Rogers and since 1985 I have resided at 18975 Valley View Road in Eden
Prairie. I am sending you this correspondence to voice my opposition to portions of the trail
improvement project which will be coming before the Eden Prairie City Council on Tuesday July 20,
2004.
My specific concern and objection is the proposal to extend the trail system along the south side of
Valley View Road from Dell Road to Green Ridge Road. It is my understanding this extension will
result in an 8’ wide asphalt bike path that will severely impact the front yards of five homes, including
mine, from Dell Road to Green Ridge Road. If you look at the existing trail system, you will note that
with the exception of several homes in the southeast corner of Dell Road and Valley View Road, the
trail system impacts primarily back yards andor side yards and not front yards. You should note that
the houses built on the southeast corner of Dell and Valley View where the trail system impacts the front
yards were constructed after the trail system was already in place.
On Thursday, July 8,2004 I attended a public hearing on the project where Eugene Dietz, Director of
Public Works, was to explain the improvements to the trail system. At that meeting, Mr. Dietz
explained to me that the decision to extend the trail along the south side of Valley View Road was made
after viewing the site for about “twenty minutes and was proposed so the homes on Quail Circle and
Green Ridge Circle could have access to the existing trail system which connects Valley View Road to
Dell Road”. My opposition to this proposal is for the following reasons;
1) The residents on Quail Circle already have an access. They merely need to walk across
Valley View Road to get on the trail.
2) There are fourteen residences on Green Ridge Circle. Severely disrupting five residences for
the benefit of fourteen residences that may or may not ever use the trail system seems to
make little sense. Additionally, these residences can already access the trail system by
walking down Green Ridge Road to Deerfield Trail.
3) Numerous trees and shrubs will need to be removed on the south side of Valley View Road
to extend the trail system. If the trail system needs to be extended, which I am in opposition,
it would make more sense to extend the sidewalk on the north side of Valley View Road
where fewer homes would be impacted and the impact would be on the side yards and not the
eont yards without any tree or shrub removal required.
4) This development in Eden Prairie has existed for nearly 30 years without the proposed trail
extension. Why is this so necessary when the entire Eden Prairie community rejected the
concept as part of the latest referendum?
5) The last reason if one of economic concern. My wife and I have lived in our house for
nineteen years and consider this, like many, our biggest investment. During this time we
have invested thousands if not tens of thousands of dollars to improve and upgrade the value
7/14/2004
July 12,2004 Page 2 of 2
of this home. This proposed trail extension will take away approximately 30% of my fiont yard
and, in my opinion and the opinion of others, would significantly lower the value of the
home. A concrete sidewalk in one’s fiont yard is one thing, an 8’ asphalt bike path is a
whole lot different. It will become a liability and not an asset. I feel as long-term residents
of Eden Prairie, we deserve more than twenty minutes of consideration for a project for
which we will suffer considerable loss in the value of our residence.
On a related matter, I think strong consideration should be given to removing the existing trail
connecting Valley View Road to Dell Road, then seeding it and allowing the residents along the existing
path to maintain it. By removing the existing trail, the construction of a trail on the south side of Valley
View Road, as discussed above, would not be necessary. This path merely connects Valley View and
Dell Roads and is the only path of its kind west of Dell Road. To consider it an integral part of an
overall trail system is a stretch to begin with. The proposed improvements to and rerouting of the trail
around pond 7-23-A will result in significant encroachment to the back yards for those people living on
Tartan Curve, which may also cause considerable economic impact on their homes as well as the loss of
make trees and shrubs. Several residents of Tartan Curve have expressed to me their concern that an
improved trail will increase access to these back yards and may result in increased acts of vandalism
which already exists. Having the trail system stop at Dell Road makes sense as the existing trail merely
takes you right back to Dell Road, approximately one block south of the intersection of Dell and Valley
View Roads. For those who wish to walk or ride west of Dell Road on Valley View Road, you can take
existing construction to Tartan Curve which will then intersect Dell Road at the exact same location as
the path. One needs to ask, why we are proposing to disrupt so many properties along Valley View
Road and Tartan Curve when the same results can be obtained using existing construction? Increasing
visibility in the neighborhoods west of Dell Road may be one aspect, but for those of us who live there,
a real benefit exists in limiting access and having quieter and potentially safer neighborhoods.
I thank you all for your attention to this letter. I assume all of you are homeowners and I only ask that
before you approve the extension of the trail along the south side of Valley View Road you look at your
own residence and ask how you would feel to see an 8’ asphalt path through your fiont yard and the
consequences thereof. I urge you to give that strong consideration so you can truly understand the
impact your vote will have.
Thank you for your consideration. Please feel fiee to contact me should you have any questions. I
would be happy to meet with you either individually or as a group, at your convenience, if you wish.
Sincerely,
William S. Rogers
wsropers@,hotmail.com
(952) 937-1 178 (home)
(952) 445-4089 (work)
7/14/2004 I 73
Page 1 of 1
Gene Dietz
From: jim.ev@usfamily.net
Sent:
To: GRP-AIICouncil
cc: Gene Dietz
Subject: Hidden Ponds Trail and Pond Improvements
Wednesday, July 14' 2004 957 AM
From: Evelyn Wagner
7095 Quail Circle
Eden Prairie, MN 55346
After attending the meeting on July 8th at city hall, I would like to share some of my thoughts, options and
concerns. After talking with several neighbors, I know that I am not alone.
I) As far as the bike paths around the ponds, it appears there are very few people in the area that want it. We
have plenty of bike paths and sidewalks throughout the city, which I enjoy everyday. These paths around the
ponds were rarely used when they were in good condition(we have lived here since 1979), I don't see that
changing.
2) The proposed addition of a bike path from Tartan Curve to Green Ridge is of great concern to me. This is
taking half the front lawns of the people that live there, plus have you looked at how many trees would be
removed and if they are not removed would die in a year or two because the roots system has been damaged? I
asked you to think about how you would feel if a bike path was directly in your front yard. It really solves no
problem for the residents on the north side of Valley View Road, they still have to cross the street. The residents
on the south side could easily take Partridge Circle and get on Dell Road. If you drive along Valley View you will
notice that the bike trails and sidewalks are along the sides of all the homes except the two on the corner of
Valley View and Dell Road, which are set back and they knew it would be that way. This is not the case with the
families that I have mentioned.
3) I realize that Hidden Ponds was an association that turned over the responsibilities to the city several years
ago. I can't understand why we are being assessed for work in our area. Do other residents in other areas
of Eden Prairie have to pay for repairs done to the ponds and bike paths? I don't think so. We are paying taxes
just like everybody else and this frankly does not seem right.
4) I would like to see the bike paths around the ponds taken out and let go natural. We have many bike paths to
enjoy without them and as I mentioned earlier they will be used very little. As a concerned environmentalist, I
would hate to see the many trees taken out that this project is proposing.
I thank you for your time.
Sincerely,
Evelyn
------ USFamily.N& - Unlimited Internet - From $8.99/mo! ------
7/14/2004
Page 1 of 2
Gene Dietz
From: Teresa Murphy [murphy5@sihope.com]
Sent:
To:
Cc: Gene Dietz
Subject: Hidden Ponds proposal
Tuesday, July 13,2004 4:52 PM
Nancy Tyra-Lukens; Sherry Butcher; Ron Case; Jan Mosman; Philip Young
----- Original Message -----
From: Teresa Murphv_
To: QQra-lukens@mprairie.org ; sbutcher@edenDrairie.org : rcase@edenprairie.org ;
jmosman@edenprairie.org ; pvoung@edenprairie.org.
Sent: Tuesday, July 13,2004 4:25 PM
Subject: gdietz@edenprairie.org
Dear Nancy, Sherry, Jan, Ron, Phil:
I am sending you this email to state my strong opposition to a proposal to construct an 8-foot wide path through
our Hidden Pond neighborhood along Tartan Curve.
We have lived in Eden Prairie for 19 years, and we have raised 3 children in the peaceful, tranquil neighborhood
surrounding a pond. An existing path was in our back yard when we moved in, but because of such low usage
(approx. 5 people/week), it has overgrown to the point of being virtually non-existent. The purpose of the path
was apparently to connect Dell road to Valley View, but a new trail system is now in place along Dell since the
opening of that road several years ago, and the old trail in our back yard is now unnecessary.
The majority of residents in this Hidden Ponds neighborhood do not see the point of building this new path when
there are trails already in place less than 200 yards away (Dell and Valley View). This new path would do nothing
more than disrupt our quiet neighborhood by bringing in bulldozers, backhoes and other heavy equipment along
with the hundreds of new "path walkers". Because the city has told us that they will not mow along the new path,
there will be absolutely NO VIEW of this pond that the walkers would cherish so much ........ it would truly be a
"hidden pond"! Instead they would be looking at 15-20 foot high weeds and volunteer trees that are bordering the
pond. Their only view would then be our back yards! To add insult to injury, the city is asking us to pay for this!
In addition, the city has generously offered to pay $285K for the dredging of 4 ponds throughout the
neighborhood. However, this money would magically disappear and be unavailable unless the homeowners
agree to pay for the path construction. This appears to be a form of blackmail.
Our hope is that the city will allow the homeowners to tear up the existing path behind Tartan Curve (just like
homeowners did to the one between Duck Lake Trail and South Shore Lane). This would avoid spending a huge
amount of money (didn't the referendum just get rejected?) on something that is unnecessary and unwanted in
the neighborhood.
This is a great city to live. Let's not allow bulldozers to invade our tranquility. I am pleading with you, as our
trusted council members, to take into consideration my comments regarding this proposal. I urge you to VOTE
AGAINST this project!
Thank you for your time.
Teresa Murphy
7252 Tartan Curve
Eden Prairie
murphy5@sihope.com
952-937-2053
7/14/2004 175
Page 1 of 1
Gene Dietz
From: Jim Wagner [Jim.Wagner@pumpsandsupplies.com]
Sent: Wednesday, July 14, 2004 10:08 AM
To: Nancy Tyra-Lukens
Cc: Sherry Butcher; Ron Case; Jan Mosman; Philip Young; Gene Dietz
Ms Tyra-Lukens and council members: Just dropping a note this morning with regard to the Hidden Ponds I and
II trail/path/pond improvements that have been proposed and in which regard we received the city's mailing and
the announced follow-up meeting dates. I attended the meeting last week, held by Mr. Dietz. I commend his
efforts. He had a tough job, but he did it well. The meeting brought forth emotions on both sides of the issue, as
well as some clarification and new perspective on the matter. Based on what I heard, the topic deserves some
further discussion. For myself, the matter has little impact aside from the individual assessment. Aware as I am
of the "package" I bought into in 1979 when I purchased my property (7095 Quail Circle), I have no objection to
that assessment. I believe it is fair and just. But I am not convinced of the justice to all involved. There were
people at the meeting who have lived here one or two or three years and probably don't even know the paths and
ponds exist - and probably never heard the term Hidden Ponds I or II. Then there are those who lived in the
development for 20 years and have recently moved, who do know ALL ABOUT the covenants of the now-defunct
association, and who did use the paths when they were traversable in their entirety. They profited from these
amenities when they sold their property. What is their share in this matter? I was informed at one time that if I
didn't pay my dues to the association, they would be deducted from the property sale price at the time of closing,
if I were to sell. How does this come to play now with ALL of those who have moved in the past 5 or 10 years?
Another concern I have is that while I have used the paths on few occasions, but have not used those that have
become untraversable, I have always felt uncomfortable walking through others' backyards while they are sitting
on their decks or having patio parties or other social events. I felt like an intruder. For that reason, I have shied
away form using the paths. Regarding the proposal to extend the path that exits onto Valley View, at the foot of
Quail circle, in easterly and westerly directions is absolutely unjust to those whose homes will be fronted by that
addition. It is an unacceptable approach from my point of view. All other paths "seem" to be behind houses, or
beside houses, somewhat discreet in relation to the houses that border them. Fronting these homes with an 8
foot black top slab - well Ms Tyra-Lukens, and all of you, consider this happening to your property "AFTER the
fact. And finally, it was noted that one of the pathdtrails is being removed. I wonder if that is not the best answer
to the whole issue of the paths. There's not much you can do about the ponds but maintain them. They seem to
be part of the "storm sewer" infrastructure. The matter needs to be reviewed and weighed. I am a willing
participant to the degree you proposal and assessed. But let's do it right and in the interest of current and future
residents of the area. Thank you for taking time to hear me on this. I appreciate it. I expect I will be at the
meeting on the 20th.
7/14/2004
Mr. Bickel,
The decision on how to deal with encroachments has not been finally addressed at this time. Bob
Lambert, Parks and Recreation Director, is the "de facto curator" of the park and open space
system in Eden Prairie. By a copy of this response, he will be aware of your concerns.
As a staff, we recognize the special circumstances of how the City has come to own the outlots in
your neighborhood. However, as the steward of hundreds of acres of publicly owned land in
Eden Prairie it may be a challenge to have a policy that differs from the standard that exists
everywhere else, which strictly prohibits encroachments.
This policy issue exists as an issue separate from the proposed improvements to the ponds and
trails and is not proposed to be a decision item for the City Council at the public hearing on July
20Ih. I will, however, add a copy of your e-mail and this response into the packet of information
that the Council will receive in advance of the meeting for their information.
Sincerely,
Eugene A. Dietz, P.E.
Director of Public Works
8080 Mitchell Road
Eden Prairie, Mn 55344
952-949-8310 phone
952-949-8326 fax
gdietz@edenprairie.org
-----Original Message-----
From: John Bickel [mailto:jdbickel@yahoo.com]
Sent: Wednesday, July 14, 2004 8:46 PM
To: Gene Dietz
Subject: Hidden Ponds Trail & Pond Improvement
Dear Eugene,
I missed the July Sth, 2004 meeting regarding the Hidden Ponds Trail &
Improvement project because I was out of town. My neighbors have
informed me that there was some discussion about encroachments upon
city property.
With the recent staking of property comers, I noticed that one comer of
my back yard fence is about 1.5 feet into city property. (see Overlap
photo below). My other comer (Corner2 photo) is well into my
property. The other attached photo gives a line of sight from one stake to
other stake.
I'm wondering if this little encroachment will be a problem. I really don't
want to have to readjust the fence line to shave-off that one comer.
You can also notice in the overlap photo that the edge of the trail isn't
anywhere near this corner of the fence. The trail could be easily
be widen to 8' without even coming close to the fence comer.
Please let me how what you think.
Thank-you
John Bickel
7254 Tartan Curve
(952) 937-5208 H
(612) 618-2095 C
Do you Yahoo!?
New and Improved Yahoo! Mail - lOOMB free storage!
Page 1 of 1
Gene Dietz
From: Gene Dietz
Sent:
To: 'wsrogers@hotmail.com'; 's-tharrer@worldnet.att.net'; 'jim.ev@usfamily.net'
cc:
Subject: New Trail along Valley View Road
Thursday, July 15,2004 2:29 PM
Robert Lambert; Scott Neal; GRP-AIICouncil
Dear Mr. Rogers, Ms. Wagner and Mr. Harrer:
I am writing to you as a group because each of you addressed the issue (as well as other items in some
instances) of the proposed new section of trail along Valley View Road.
I have discussed your concerns with Parks and Recreation Director Bob Lambert and walked the location again.
As a result, we will recommend that this section of trail be eliminated from the project-the primary reason being
that it is not in the same nature as the other trails in the project, since it is not part of the system that has existed
for nearly 3 decades. It is not a critical element to this project and was not discussed with the neighborhood prior
to it's inclusion in the feasibility study.
I mentioned at the meeting, that the decision to include this segment of trail was made after only a brief
discussion. However, I want to clarify that it was not a cavalier decision. The master plan for the community trail
system includes a trail along the south side of Valley View Road as well as a sidewalk along the north side of the
street. What has prevented the completion of these elements is the lack of agreement between Eden
PrairielHennepin County and Chanhassen on the nature of roadway improvements to THIOI. We are reluctant to
extend the trail and sidewalk to THIO1 until the roadway improvements, including a traffic signal, are completed.
Without a safe way to cross the highway, it is not desirable to encourage pedestrians to walk towards the west.
The primary thought was that the trail is likely to happen in the future and building the short segment as proposed
would have been a good idea in the short term for convenience to the residents on the north side of Valley View
Road. However, when the highway improvements are made, this trail and sidewalk can be more fully investigated
and debated.
I will report this information along with the recommendation to delete this particular trail segment to the City
Council at the meeting on July 20th.
Sincerely,
Eugene A. Dietz, P.E.
Director of Public Works
8080 Mitchell Road
Eden Prairie, Mn 55344
952-949-831 0 phone
952-949-8326 fax
gdietz@edenprairie.org
711 512004 i' rq
Gene Dietz
From: Dennis Rakocy [drakocy@synergymicro.com]
Sent:
To: Gene Dietz
Subject: Hidden Ponds Trail Upgrade
Friday, July 16, 2004 12:18 PM
Gene,
Thank you very much for the informative session on the planned upgrade to the trails in our neighborhood.
You've obviously done your homework. The proposal you presented is fair and reasonable to improve our community.
I am embarrassed at the amount of flack you had to take during the meeting from people who were myopic in viewing the
problem.
Your patience and courteous/informed responses were very professional.
Both Holly and I are fully behind the cities plan to make the improvements which we will all take pride in when completed.
How can you be against parks?
Best Regards,
Dennis & Holly Rakocy
7250 Green Ridge Drive
Eden Prairie, MN 55346
Phone 952-934-0009
7/19/2004
Gene Dietz
From:
Sent:
To:
Subject:
sharri@sehinc.com
Friday, July 16, 2004 3:28 PM
Gene Dietz
Hidden Ponds Trail and Pond Rehab
Hi Gene,
You did a great job at the neighborhood meeting on the 8th. I had been semi active with
this issue back in the early 90's supporting the efforts to have the trails "taken over"
for maintenance. Your explanation of the history was quite useful and as I recalled it.
There was a split opinion on "trail goes or trail stays" between those property owners
with a trail in their backyard and those without a trail in their backyard. You can guess
which ones supported which option. I support the proposal as presented and offer the
following thoughts:
1. Rebuild the trail segment considered for abandonment. I have several past examples
where street, trail or sidewalk was originally built outside of the ROW. When time came to
rehab them 20 to 30 years later, we (SEH) discovered the encroachment. Several such
situations have occurred in Minnetonka that I'm familiar with. They researched the matter
and discovered that the City had the right to "maintain" it in its current location
encroaching on private property. The City, however, looked for ways to move it off private
property or minimize the impact but was not required to acquire additional ROW or
easements. You probably have come across this yourself in the past. Virg Herrmann, 939-
8232, at Minnetonka could answer any questions you may have on how Minnetonka handled
these situations.
2. I started using the trails throughout the study area around 1983. We've lived here
since 1980. They were in pretty tough condition then with drainage problems, alligator
cracking, edge cracking and volunteer trees trying to grow up through the cracks. This was
especially true around willows and box elders. My point being is that there was no real
cost effective maintenance that the Association could have done to extend their useful
life. I think the trails were so under built that nothing short of reconstruction would
have worked even back then.
3. I am very much in favor of the Valley View trail segment getting built. I'm sure the
ADT would support that all by itself. I know it is not that simple. In all due respect to
one family I know quite well directly impacted by this, I hope the council has the will to
make this choice for safety reasons. In similar situations, I've offered property owners a
slightly narrower concrete option. I've found that concrete "sidewalks" do little to
affect property value downward but a bit trail can. I hope you'll consider this option for
those directly impacted.
My family will be out of town next week "up nord" and unable to attend the hearing on the
20th. I would appreciate you sharing our support of the project with the City Council.
PS # 1...........20% or $130.98 of my proposed assessment will be going to my "friend"
Laurie. Tell her she owes me big time! PS # 2.. .......... Nice seal coat job!
Thanks
Scott Harri
19090 Deerfield Trail
952.934.3963 (H)
952.912.2604 (W)
1
Gene Dietz
From:
Sent:
To: cc:
Subject:
william rogers [wsrogers@hotmail.com]
Friday, July 16,2004 3:33 PM
Gene Dietz; s-tharrer@worldnet.att.net; jim.ev@usfamily.net
Robert Lambert; Scott Neal; GRP-AIICouncil
RE: New Trail along Valley View Road
Dear Gene,
I want to take this opportunity to thank you and Bob Lambert for your
timely response to my email of July 13, 2004 regarding my concerns over the
proposed new trail along the south side of Valley View Road between Tartan
Curve and Green Ridge Road. I am obviously very happy that you will
recommend to the council that this portion of the project be eliminated. I
appreciate the fact that you listened to my concerns and took the time to
come out and see if they had any merit. As I talked to my neighbors several
expressed concern that they had no input into any plans to upgrade the trail
system. It's good to know that our city officials will listen to the
concerns of it's citizens and, at least in this case, come to what I feel is
the proper decision. My hope is that the entire council will follow your
recommendation.
meeting on the 20th.
Thank you again for your followup. I look forward to seeing you at the
Bill Rogers
>From: "Gene Dietz" <GDietz@edenprairie.org>
>To :
><wsrogers@hotmail.com>,<s-tharrer~worldnet.att.net~,<jim.ev@usfamily.net>
>CC: "Robert Lambert" <RLambert@edenprairie .org>, "Scott Neal"
><SNeal@edenprairie.org>,''GRP-AllCouncil'l <GRP-AllCouncil@edenprairie.org>
>Subject: New Trail along Valley View Road
>Date: Thu, 15 Jul 2004 14:29:16 -0500 >
>Dear Mr. Rogers, Ms. Wagner and Mr. Harrer: >
>
>
>I am writing to you as a group because each of you addressed the issue
>(as well as other items in some instances) of the proposed new section
>of trail along Valley View Road. >
> >
>I have discussed your concerns with Parks and Recreation Director Bob
>Lambert and walked the location again. As a result, we will recommend
>that this section of trail be eliminated from the project-the primary
>reason being that it is not in the same nature as the other trails in
>the project, since it is not part of the system that has existed for
>nearly 3 decades. It is not a critical element to this project and was
>not discussed with the neighborhood prior to it's inclusion in the
>feasibility study. > >
>
>I mentioned at the meeting, that the decision to include this segment
>of trail was made after only a brief discussion. However, I want to
>clarify that it was not a cavalier decision. The master plan for the
1
>community trail system includes a trail along the south side of Valley
>View Road as well as a sidewalk along the north side of the street.
>F7hat has prevented the completion of these elements is the lack of
>agreement between Eden Prairie/Hennepin County and Chanhassen on the
>nature of roadway improvements to TH101. We are reluctant to extend
>the trail and sidewalk to THIO1 until the roadway improvements,
>including a traffic signal, are completed. Without a safe way to cross
>the highway, it is not desirable to encourage pedestrians to walk
>towards the west. The primary thought was that the trail is likely to
>happen in the future and building the short segment as proposed would
>have been a good idea in the short term for convenience to the
>residents on the north side of Valley View Road. However, when the
>highway improvements are made, this trail and sidewalk can be more
>fully investigated and debated. >
> >
>I will report this information along with the recommendation to delete
>this particular trail segment to the City Council at the meeting on
>July 20th. > >
>
>Sincerely, >
> >
>Eugene A. Dietz, >
>Director of Pub1 >
P.E.
c Wor
>8080 Mitchell Road >
>Eden Prairie, Mn 55344 >
>952-949-8310 phone >
>952-949-8326 fax >
>gdietz@edenprairie.org > > >
CS
Is your PC infected? Get a FREE online computer virus scan from McAfeeO
Security. http://clinic.mcafee.com/clinic/ibuy/campaign.asp?cid=3963
2
Page 1 of 2
Gene Dietz
From: jim.ev@usfamily.net
Sent:
To: Gene Dietz
Subject: Re: New Trail along Valley View Road
Monday, July 19, 2004 9:39 AM
Just want to thank you for your quick response in our concerns with the Valley View project. We are pleased that
you are recommending that the one section of trail be eliminated. The trail did not affect us personnally, but we
felt we had to give a voice for the homeowners and also save the trees. I do remember reading some time ago
about the I01 project with ChanhassedEden Prairie and realize that changes will be made eventually.
I still would like to see the present trails taken out and let it go natural. As I mentioned before those trails are very
rarely used, even when they were in good condition. I thank you again. Evelyn Wagner
----- Original Message -----
From: Gene Dietz
To: wsrogers@hotmail.com ; s-tharrer@worldnet.att.net ; jim.ev@usfamilv.net
Cc: Robert Lambert ; Scott Neal ; GRP-AIICouncil
Sent: Thursday, July 15,2004 2:29 PM
Subject: New Trail along Valley View Road
Dear Mr. Rogers, Ms. Wagner and Mr. Harrer:
I am writing to you as a group because each of you addressed the issue (as well as other items in some
instances) of the proposed new section of trail along Valley View Road.
I have discussed your concerns with Parks and Recreation Director Bob Lambert and walked the location
again. As a result, we will recommend that this section of trail be eliminated from the project-the primary
reason being that it is not in the same nature as the other trails in the project, since it is not part of the system
that has existed for nearly 3 decades. It is not a critical element to this project and was not discussed with the
neighborhood prior to it’s inclusion in the feasibility study.
I mentioned at the meeting, that the decision to include this segment of trail was made after only a brief
discussion. However, I want to clarify that it was not a cavalier decision. The master plan for the community
trail system includes a trail along the south side of Valley View Road as well as a sidewalk along the north side
of the street. What has prevented the completion of these elements is the lack of agreement between Eden
Prairie/Hennepin County and Chanhassen on the nature of roadway improvements to THlOl . We are reluctant
to extend the trail and sidewalk to THlOl until the roadway improvements, including a traffic signal, are
completed. Without a safe way to cross the highway, it is not desirable to encourage pedestrians to walk
towards the west. The primary thought was that the trail is likely to happen in the future and building the short
segment as proposed would have been a good idea in the short term for convenience to the residents on the
north side of Valley View Road. However, when the highway improvements are made, this trail and sidewalk
can be more fully investigated and debated.
I will report this information along with the recommendation to delete this particular trail segment to the City
Council at the meeting on July 20th.
Sincerely,
Eugene A. Dietz, P.E.
Director of Public Works
8080 Mitchell Road
Eden Prairie, Mn 55344
952-949-831 0 phone
952-949-8326 fax
gdietz@edenprairie.org
7/19/2004
Please place this correspondence in the Council Packet for July
20,2004.
18860 Deerfield Trail
Eden Prairie, MN 55346
July 15,2004
Mayor and City Council
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344
Subject: HIDDEN PONDS PATHS AND PONDS
Mayor and Council:
The public information meeting that was held on July 8, 2004, at City Hall for noticed
residents from Hidden Ponds I and Hidden Ponds 11, concerning planned
improvements to the paths and ponds, both deterred many misconceptions and defused
some anger. Gene Dietz, Director of Public Works, gave a history of the area, presented
maps, answered questions, noted concerns of residents and in general educated the
attendees about City owned easements, etc.
I read the editorial in the Eden Prairie News, July 15,2004 edition, from a homeowner
on Tartan Curve who is not in favor of any improvements on the ponds/paths. I am an
original homeowner in Hidden Ponds 11, having lived in my home 28 years. I have
walled the paths, commiserated about the condition and written to the City on at least
two occasions. One letter, dated April 16, 2000, to Stuart Fox, Director of Parks, noted
the deterioration of the paths/ponds (especially) near Tartan Curve and asked what my
liability would be if someone were to fall over the moguls on the path or a fire starting
the bog on fire from the fire pit at the waters edge. I wrote again regarding the same
concerns on August 15, 2000. The common property was finally transferred to the City
of Eden Prairie in 2002,alleviating worry about my personal liability and that of the
whole area.
The City of Eden Prairie must educate the residents of Hidden Ponds I and I1 about the
care of ponds, i.e. no dumping of Christmas trees, garbage, grass clippings, no moguls
on the paths, no fire pits or mowing to the waters edge.
We are now at the juncture I have long wished for. I am in TOTAL support of the plan to
improve the Hidden Ponds Paths and Ponds with an assessment of approximately
$654.92 levied against my property in 2005, payable in 2006.
Thank you for your affirmative vote for the Hidden Ponds I and I1 paths and ponds
project.
(signed) Darlene R. Wallin
Page 1 of 1
Gene Dietz
From: judycarlson227@msn.com
Sent:
To: Gene Dietz
Subject: Hidden Ponds Trail and Pond Improvements
Tuesday, July 20,2004 1 :38 PM
Dear Mr. Dietz:
My husband I myself do not want a new trail put in. We would rather it was removed. We live at
7171 Ticonderoga Trail, on the corner of Valley View Road. We were told we could voice our
opinion via e-mail to you.
Tha n kyo u
Kenneth D Carlson and Judith L Carlson.
7/20/2004
I am against the city constructing a new path system
tkimghout my Hidden Ponds neighborhood.
18.
19.
20.
I am against the city constructing a new path system
throughout my Hidden Ponds neighborhood.
16.
17.
18.
19.
20.
I am against the city constructing a new path system
throughout my Hidden Ponds neighborhood.
1.
2.
3.
5.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
CITY COUNCIL AGENDA
SECTION: Payment of Claims
DATE:
July 20,2004
DEPARTMENT:
Finance
Sue Kotchevar
ITEM DESCFUPTION:
Payment of Claims
ITEM NO.: x,
Requested Action
Move to: Approve the Payment of Claims as submitted (roll call vote)
Synopsis
Checks 131757 - 132216
Wire Transfers 2043 - 205 1
Background Information
Attachments
City of Eden Prairie
Council Check S~mmq
07/20/2004
Division Amount
100
101
104
110
111
112
113
114
115
116
117
130
13 1
132
133
134
135
15 1
152
153
154
156
157
158
159
160
161
162
163
164
180
184
200
20 1
203
204
301
304
3 12
503
506
507
509
511
60 1
602
603
605
70 1
702
703
800
SO3
807
City Manager
Legislative
Contingency
City Clerk
Customer Service
I-Iuman Resources
Communication Services
Benefits & Training
Risk Management
Facilities
City Center
Assessing
Finance
Social Services
Community Development
Heritage Preservation
Information Technology
Park Maintenance
Parks Capital Outlay
Athletic Programs
Community Center
Youth Programs
Special Events
Senior Center
Recreation Administration
Therapeutic Recreation
Oak Point Pool
Arts
Outdoor Center
Park Rental Facilities
Police
Fire
Engineering
Street Maintenance
Fleet Services
Equipment Revolving
CDBG
Senior Awareness Fund
Recycle Rebate
Utility Improvement
Improvment Bonds 1996
Construction Fund
CIP Fund
Construction Fund
Prairie Village Liquor
Den Road Liquor
Prairie View Liquor
Den Road Building
Water Fund
Sewer Fund
Storm Drainage Fund
TIF
Escrow Fund
Benefits Fund
29,502
1,183
3,112
158
1,386
10,061
4,869
2,640
392
658
20,649
53,477
20
5,601
146
289
16,066
20,927
1,821
5,115
14,940
4,567
22,s 1 1
2,981
780
968
645
11,146
2,798
73 5
7,284
1,638
352
17,175
13,306
37,976
6,4 16
479
4,252
342,022
285,339
8,554
175,6 17
229,425
40,671
65,059
37,250
603
121,717
206,971
22,905
302,355
13,067
316.190
-283
Report Totals 2,496,482
City of Eden Prairie
Council Check Register
0712012004
Check #
2043
2044
2045
2046
2047
2048
2049
2050
205 1
131757
131758
13 1759
13 1760
131761
131762
131763
131764
131765
131766
131767
131768
131769
131770
131771
131772
131773
131774
131775
131776
131777
131778
131779
131780
131781
131782
131783
131784
13 1785
131786
13 1787
131788
131789
131790
131791
131792
131793
131794
131795
131796
131797
131798
131799
131800
131801
131802
131803
131804
131805
131S06
131807
Amount
71,339
9,900
178
27,017
15,898
1,148
59
21
141,455
164
200
4
60
33
100
500
400
1,650
67
500
500
100
600
2,012
330
195
78
72
37
71,558
500
500
34
200
30
100
52
100
1,500
478
1,000
44
59
169
500
159
145
33 1
2,904
233
29
213
3,416
753
234
15,415
109
' 97
690
4,562
Vendor I Explanation
PUBLIC EMPLOYEES RETIREMENT
MINNESOTA DEPT OF REVENUE
MINNESOTA DEPT OF REVENUE
ORCHARD TRUST CO AS TRUSTEEKU
WELLS FARGO MINNESOTAN A
WELLS FARGO MINNESOTAN A
WELLS FARGO MINNESOTAN A
WELLS FARGO MINNESOTAN A
AUTISM SHOP
CATHERINE, MARY
DUALE, KHADRA
FILIMONOVA, ANASTASIYA
FRANKLIN COVEY
HAYEN, LINDA
HEERINGA, IUUSTEN
HOFFMAN, JACQUI
INTERNATIONAL UNION OF OPERATI
KEATING, MARY
KILTER
LAYMON, MARY
LEIVESTAD, PHILIP & SHARON
MICHAELSON, LIZ
MI" CHILD SUPPORT PAYMENT CTR
MINNESOTA BUREAU OF CRIMINAL A
MPELRA
NAIK, SHARON
PRIORITY COURIER EXPERTS
PUBLIC EMPLOYEES RETIREMENT
RATEIKE, MARILYN JANE
RAVEY, LEANNE
RICCAR
SCI-INOBRICH, JIM
SECRETARY OF STATE
SHEA, SANDRA
SHEEHAN, ELSIE
SHEPPARD, BETH
SMITH, SHELLEY
SPRINT
ZAFFARANO, ERICA
BLUEM, DEBBY
CHASKA PAR 30
COMMUNITY HEALTH CHARITIES
DAKOTA COUNTY SHERIFFS DEPT
FRED PRYOR SEMINARS
IPMA - HR
LYNN'S FLOWER DESIGN
MINNESOTA STATE RETIREMENT SYS
NCPERS GROUP LIFE INSURANCE
PRAIRIE LAWN AND GARDEN
PROP
RELIASTAR LIFE INSURANCE CO
THOMA, JOHN AND KATIE
UNITED WAY
XCEL ENERGY
ACE ICE COMPANY
AMERIPRIDE LINEN & APPAREL SER
ARCTIC GLACIER INC
BELLBOY CORPORATION
ICMA RETIREMENT TRUST-457
PETTY CASH-EPCC
JT '2.
Account Description
Benefit payments
Deferred Compensation
State Taxes Withheld
State Taxes Withheld
Deferred Compensation
Benefit payments
Benefit payments
Benefit payments
Benefit payments
Operating Supplies
Other Contracted Services
Video & Photo Supplies
Other Contracted Services
Operating Supplies
Other Contracted Services
Other Contracted Services
Other Contracted Services
Union Dues Withheld
Video & Photo Supplies
Other Contracted Services
Other Contracted Services
Refunds
Other Contracted Services
Garnishment Withheld
Employment Support Test
Conference Expense
Program Fee
Mileage & Parking
Equipment Repair & Maint
Benefit payments
Other Contracted Services
Other Contracted Services
Cash OverIShort
Other Contracted Services
Dues & Subscriptions
Refunds
Program Fee
Refunds
Other Contracted Services
Software Maintenance
Other Contracted Services
Program Fee
Instructor Service
United Way Withheld
Deposits
Conference Expense
Dues & Subscriptions
Building Repair & Maint.
Severance
Life Insurance EEER
Equipment Parts
United Way Withheld
Disability Ins Employers
Deposits
United Way Withheld
Electric
Misc Non-Taxable
Repair & Maint. Supplies
Misc Non-Taxable
Operating Supplies
Business Unit
Health and Benefits
General Fund
Health and Benefits
Health and Benefits
General Fund
Health and Benefits
Health and Benefits
Health and Benefits
Health and Benefits
Leisure Education
Accessibility
Housing, Trans, & Human Serv
Teen Work Program
Leisure Education
Summer Theatre
Summer Theatre
Summer Theatre
General Fund
Housing, Trans, & Human Serv
Staring Lake Concert
Summer Theatre
Environmental Education
Summer Theatre
General Fund
Human Resources
Human Resources
Community Center Admin
Fleet Services
Health and Benefits
Summer Theatre
Summer Theatre
General Fund
Summer Theatre
City Council
Environmental Education
Arts Camp
Environmental Education
Summer Theatre
Information Technology
Summer Theatre
Afternoon Playground
Summer Skill Development
General Fund
Escrow
Human Resources
Human Resources
Fire Station #2
Police
General Fund
Park Maintenance
General Fund
Health and Benefits
Escrow
General Fund
City Hall - CAM
Prairie View Liquor Store
Prairie View Liquor Store
Den Road Liquor Store
Den Road Liquor Store
camps
Check #
131808
131809
131810
131811
131812
131813
131814
131815
131816
131817
131818
131819
131820
131821
131823
131824
131825
131826
131827
131828
131829
131830
131831
131832
131833
131834
131835
131836
131837
131838
131839
131840
131842
131843
131844
13 1845
131846
131847
131848
131849
131850
131851
131852
131853
131854
131855
131856
131857
131858
131859
131860
131861
13 1862
131863
13 1864
131865
131866
131867
131868
131869
131870
13 1871
131872
131873
Amount
121
264
5,197
133 1
18,166
498
1,507
10,658
655
33,702
11,940
337
284
3,366
15,105
787
2,626
7,82 1
14,168
130
145
2,924
4,226
360
400
600
82
310
61
177
256
14
65
46
897
20
1,335
160
100
209
4,855
275
363
16
102
65
50
58
2,756
28
200
250
203
68
881
40
555
72
15,327
141
10
107
35
165
Vendor I Esplanation
CAT & FIDDLE BEVERAGE
DVINE WINE DISTRIBUTORS
DAY DISTRIBUTING
EAGLE WINE COMPANY
EAST SIDE BEVERAGE COMPANY
GETTMAN COMPANY
GRAPE BEGINNINGS
GRIGGS COOPER & CO
HOHENSTEINS INC
JOHNSON BROTHERS LIQUOR CO
MARK VI1
MIDWEST COCA COLA BOTTLING COM
PACIFIC DIRECT
PAUSTIS & SONS COMPANY
PHILLIPS WINE AND SPIRITS INC
PINNACLE DISTRUBUTING
PRIOR WINE COMPANY
QUALITY WINE & SPIRITS CO
TI-IORPE DISTRIBUTING
TRI COUNTY BEVERAGE & SUPPLY
WINE COMPANY, THE
WINE MERCHANTS INC
WORLD CLASS WINES INC
ALL CREATURES GREAT AND SMALL
BOLD, PAULINE
CAMPOS, LORI
CASWELL, KAREN
D'AMICO AND SONS
DE LAGE LANDEN FINANCIAL SERVI
DMNMINNEAPOLIS
GE CAPITAL
HOPPE, SUZANNE
KNUDSEN, LORI
MEEHAN, TIMOTHY
METRO SALES INCORPORATED*
MILLER, KAREN
MINNESOTA PRINT MANAGEMENT LLC
NATIONAL RECREATION AND PARK A
OTTERNESS, RON
PITNEY BOWES
POSTAGE BY PHONE RESERVE ACCOU
QWEST
QWEST CLAIMS
RICI-FIELD, CITY OF
RICHFIELD, CITY OF
SHEEHAN, NOELLE
SMITH, SHELLEY
SONALKAR, ROI-IIT
SOUTHWEST SUBURBAN CABLE COMMI
STAR TRIBUNE
STOLP, DENA M
TEMPLIN, KIRBY E
TRIARCO
UNLIMITED SUPPLIES INC
VOLUNTEER FIREFIGHTERS BENEFIT
WALSTEIN, LOUISE M.
WIGLEY, GRIFFIN J.
BUNKER BEACH WATER PARK
IND SCHOOL DIST 272
OLD DUTCH FOODS
AIR MASTERS INC
ALBERTSON, KELSEY
ANDING. SCOTT
ARhlOR SECURITY INC.
Account Description
Wine Domestic
Wine Imported
Beer
Wine Imported
Beer
Misc Taxable
Wine Imported
Liquor
Beer
Liquor
Beer
Misc Taxable
Misc Taxable
Wine Domestic
Wine Imported
Misc Non-Taxable
Wine Domestic
Wine Domestic
Beer
Beer
Wine Domestic
Wine Imported
Wine Imported
Other Contracted Services
Instructor Service
Instructor Service
Program Fee
Miscellaneous
Other Rentals
Other Contracted Services
Other Rentals
Lessons & Classes
Program Fee
Lessons & Classes
Other Rentals
Lessons & Classes
Office Supplies
Dues & Subscriptions
Instructor Service
Postage
Postage
Telephone
Insurance
Autos
Licenses & Taxes
Program Fee
Operating Supplies
Memberships
Dues & Subscriptions
Dues & Subscriptions
Other Contracted Services
Other Contracted Services
Recreation Supplies
Equipment Parts
Dues & Subscriptions
Instructor Service
Sofivare
Special Event Fees
Miscellaneous
Operating Supplies
Cash Over/Short
Other Contracted Services
Other Contracted Services
Other Contracted Services
Business Unit
Den Road Liquor Store
Prairie Village Liquor Store
Den Road Liquor Store
Den Road Liquor Store
Prairie View Liquor Store
Den Road Liquor Store
Prairie View Liquor Store
Den Road Liquor Store
Den Road Liquor Store
Den Road Liquor Store
Prairie Village Liquor Store
Den Road Liquor Store
Den Road Liquor Store
Prairie Village Liquor Store
Prairie Village Liquor Store
Prairie View Liquor Store
Den Road Liquor Store
Den Road Liquor Store
Den Road Liquor Store
Den Road Liquor Store
Den Road Liquor Store
Den Road Liquor Store
Prairie View Liquor Store
Summer Safety Camp
Outdoor Center
Outdoor Center
Summer Skill Development
City Council
General
Prairie Village Liquor Store
General
Pool Lessons
Summer Skill Development
Oak Point Lessons
General
Pool Lessons
General
Recreation Administration
Outdoor Center
General
General
Telephone
Risk Management
Fire
Outdoor Center
Outdoor Center
Summer Theatre
Community Center Admin
City Council
General
Accessibility
July 4th Celebration
Outdoor Center
Fleet Services
Fire
Outdoor Center
Information Technology
Teen Work Program
City Center Operations
Summer Safety Camp
General Fund
Teen Work Program
Teen Work Program
Outdoor Center
Check 1:
131874
131875
131876
131877
131878
131879
131880
131881
131882
13 1883
131884
131885
131886
131887
131888
13 1889
131890
131891
131892
131893
131894
131895
13 1896
131897
131898
131899
131900
131901
131902
131903
13 1904
131905
131906
131907
131908
131909
131910
13191 1
131912
131913
131914
131915
131916
131917
131918
131919
131920
131921
131922
131923
131924
131925
131926
131927
131928
131929
131930
131931
131932
131933
131934
131935
131936
131937
Amount
61
35
785
22
49
28
272
650
56
49
48
80
114
97
142
95
56
12
6,356
100
87
151
134
59
56
53
75
110
2,337
44
39
90
2,408
22 1
185
30
2,640
479
250
352
42,693
49
400
150
120
35
107
1,798
8,280
22
57
23
102
100
803
3,167
274
458
60
171
1,638
160
2S7,3 19 __ 3-1
Vendor I Esplanation
BELLUS, MATT
BOARD OF WATER & SOIL RESOURCE
BOYER TRUCKS SO. ST. PAUL
BRUENING, CHARLOTTE
BUCK, SAM
CARLSTEDT, ANNIE
CRIST, ANY
DEICHERT, LYNN B.
EDINA, CITY OF
FILIMONOVA, ANASTASIYA
GARTON, ELISE M
GIFFIN, BLAKE
GLEDHILL, JENNIFER
GOODMAN, NICOLE
GOODWIN, MATTHEW
GORDON, LIZZY
HANSON, NOEL P
HEAD, DOROTHY
HENNEPIN COUNTY
HEWITT, DAVID
HOGER, ANYA
JENKINS, BROOKE
KRAEMERS I-IARDWARE INC
KRESS, CASEY
MCNULTY, ZACK
METRO LEGAL SERVICES INC
MINNESOTA CITYKOUNTY MANAGEME
NILSSEN, BETH
O'BRIEN, NOLAN
O'CONNELL, LUXMI
POST BOARD
QWEST
RUFFRIDGE JOHNSON EQUIPMENT CO
SCHARBER & SONS
SHAW, KENDRA
SHEEHAN, JOHN C
SHORT ELLIOTT HENDRICKSON INC
SOUNDS GREAT
SPS COMPANIES
SRF CONSULTING GROUP INC
ST. LOUIS PARK, CITY OF
STAGES THEATER COMPANY
STAN BANN BIG BAND
TAYLOR, MIKE
TETZLOFF, MARY
TKACH, GEORGE
UNITED LBORATORIES
UNITED RENTALS HIGHWAY TECI-INOL
VERMEDAH, MARCIA
VOLTIN, BRETT
W GORDON SMITH COMPANY, THE
WITTICH, CYNTHIA
ADMINISTRATION RESOURCES CORP
ALLMAX PROFESSIONAL SOLUTIONS
ASPEN WASTE SYSTEMS INC.
CLAREY s INC
DEM CON LANDFILL LLC
DMX/MI"EAPOLIS
EMERGENCY AUTOMOTIVE TECHNOLOG
GE CAPITAL
HYDE-STRAND, ALEXANDRA L
WASTE MANAGEMENT-BURNSVILLE LA
Account Description
Other Contracted Services
Conference Espense
Equipment Parts
Program Fee
Other Contracted Services
Other Contracted Services
Deposits
Other Contracted Services
Operating Supplies
Other Contracted Services
Other Contracted Services
Other Contracted Services
Other Contracted Services
Other Contracted Services
Other Contracted Services
Other Contracted Services
Other Contracted Services
Program Fee
Deposits
Refunds
Other Contracted Services
Other Contracted Services
Mileage & Parking
Operating Supplies
Other Contracted Services
Other Contracted Services
Other Contracted Services
Dues & Subscriptions
Instructor Service
Other Contracted Services
Other Contracted Services
Licenses & Taxes
Telephone
Equipment Parts
Equipment Parts
Other Contracted Services
Other Contracted Services
Design & Engineering
Other Contracted Services
Repair & Maint. Supplies
Design & Engineering
Operating Supplies
Other Contracted Services
Other Contracted Services
Other Contracted Services
Lessons & Classes
Equipment Repair & Maint
Cleaning Supplies
Contracted Striping
Program Fee
Other Contracted Services
Operating Supplies
Waste Disposal
Refunds
Other Contracted Services
Software
Waste Disposal
Other Contracted Services
Waste Disposal
Other Contracted Services
Capital Under $2,000
Other Rentals
GUARANTY COh4MERCIAL TITLE h'C
HAVERSLOCK;. KENT gq k;:r Contracted Services
Business Unit
Teen Work Pro_pm
Storm Drainage
Fleet Services
ClassesProgramslEvents
Teen Work Program
Teen Work Program
Escrow Fund
Staring Lake Concert
Leisure Education
Teen Work Program
Teen Work Program
Teen Work Program
Teen Work Program
Teen Work Program
Teen Work Program
Teen Work Program
Teen Work Program
ClassesProgr amslEvents
Escrow
Environmental Education
Teen Work Program
Teen Work Program
Tree Disease
Park Maintenance
Teen Work Program
Teen Work Program
Housing, Trans, & Human Serv
City Manager
Ice Arena
Teen Work Program
Teen Work Program
Police
Prairie Village Liquor Store
Fleet Services
Fleet Services
Teen Work Program
Communication Services
Improvement Projects 1996
Summer Safety Camp
Water System Maintenance
Construction Fund
Leisure Education
Staring Lake Concert
Staring Lake Concert
Teen Work Program
Pool Lessons
Senior Center Operations
Water Treatment Plant
Traffic Signs
Afternoon Playground
Teen Work Program
Street Maintenance
Park Maintenance
Environmental Education
Finance
Water Treatment Plant
Street Maintenance
Sewer System Maintenance
Park Maintenance
Den Road Liquor Store
Fleet Services
General
Utility Improvement Fund
Teen I\'ork Program
Check #
131938
131939
131940
131941
131942
131943
131944
131945
13 1946
131947
13 1948
131949
131950
131951
131952
131953
131954
131955
131956
131957
131958
131959
13 1960
131961
131962
131963
131964
131965
131966
131967
131968
131969
131970
131971
131972
131973
131974
131975
131976
131977
131978
131979
131980
131981
131982
131983
13 1984
131985
131986
13 1987
131988
131989
131990
131991
131992
131993
131994
131995
131996
131997
131998
131999
132000
133001
Amount
57
150
33
33
50
186
45
100
334
210
36
9
1,020
9
1,521
53
58 1
392
290
43
100
2,092
195
278
350
200
100
2,895
132
59
5
339
247
9,294
25
120
47,6 19
100
5
129
328
100
110
578
25
6,424
66
400
IO0
100
95
80
532
25
510
795
153
45
14,358
29
165
120
45,030
24
Vendor 1 Explanation
HENDRICRS. MARK
HOFFMAN, MICHELLE
ICRTSPY KREME
WSPY mME
MCCARTHY, DENNIS
METRO SALES INCORPORATED*
MINNESOTA VALLEY ELECTRIC COOP
NATIONAL WATERWORKS
PETTY CASH
PRAIRIE LAWN AND GARDEN
QWEST
STAR TRIBUNE
THYSSENKRUPP ELEVATOR
TIME WARNER CABLE
VOSS LIGHTING
W E LAHR COMPANY
PIZZA HUT
AARP 55 ALIVE MATURE DRIVING
ACKERMAN, KATHLEEN
ANDERSON, ERIC
ASPEN WASTE SYSTEMS INC.
BALDINGER, WENDY
BENCHMARK LEARNING
BOLD, PAULINE
BURTIS, BOB
CAMPBELL, KIM
CENTERPOINT ENEGY
CHANHASSEN AMERICAN LEGION
CIlASKA PAR 30
COULING, DIANE
CUB FOODS EDEN PRAIRIE
DEGREE, BET14
DOMINIUM
DOVER, RUTH
EDEN PRAIRIE LIONESS
ELK RIVER FORD
ERLANDSON, KENT
FOX, VERNETTE
FRITZ, GRETCHEN
FRITZ, RONALD
GEIS, ROB
GRAND SLAM SPORTS & ENTERTAINM
HAPPY VALLEY RANCH
KESTER, EVELYN
KMC TELECOM
KRESS, CARLA
LARSON, LeROY
LEBLANC, ERIC
LEIZINGER, A. SUZETTE
LU, LEI
MCFERRIN, TANYA
MEDICINE LAKE TOURS
MENARDS
MERLINS ACE HARDWARE
METROPOLITAN STATE UNIVERSITY
MICHAELSON, LIZ
MOHN, STEVE
0AF;BROOK CORPORATION
OTIS, ANN
PADELFORD PACKET BOAT CO INC
PRADHAN, BJPIN
PRAIRIE VILLAGE LMTD PARTNERSH
US POSTMASTER - HOPKINS
Account Description
Outside Water Sales
Pro-gan Fee
Operating Supplies
Operating Supplies
Outside Water Sales
Office Supplies
Electric
Repair & Maint. Supplies
Mileage & Parking
Equipment Repair & Maint
Telephone
Misc Non-Taxable
Building Repair & Maint.
Cable TV
Postage
Repair & Maint. Supplies
Equipment Parts
Operating Supplies
Other Contracted Services
Lessons & Classes
Rehnds
Waste Disposal
Other Contracted Services
Conference Expense
Instructor Service
Other Contracted Services
Refimds
Gas
Special Event Fees
Instructor Service
Program Fee
Employee Award
Mileage & Parking
TIF Payment
Program Fee
Special Event Fees
Autos
Refhds
Program Fee
Mileage & Parking
Instructor Service
Travel Expense
Special Event Fees
Recreation Supplies
Program Fee
Telephone
Mileage & Parking
Other Contracted Services
Travel Expense
Instructor Service
Memberships
Instructor Service
Special Event Fees
Equipment Parts
Other Rentals
Conference Expense
Operating Supplies
Progam Fee
TIF Payment
Prozpam Fee
Special Event Fees
Homeward Hills Bldg
TIF Payment
PRIORITY COURIER EXPERTS Equipment Repair & Maint
Business Unit
Water Enterprise Fund
Afternoon Playground
Summer Safety Camp
Summer Safety Camp
Water Enterprise Fund
General
Sewer Liftstation
Water System Maintenance
Therapeutic Rec Administration
Park Maintenance
Sewer Liftstation
Den Road Liquor Store
City Hall - CAM
Fire
Water Accounting
Maintenance
Fleet Services
Summer Safety Camp
Classes/Programs/Events
Pool Lessons
Environmental Education
Fire Station #2
Staring Lake Concert
City Manager
Outdoor Center
Staring Lake Concert
Environmental Education
Water Treatment Plant
Classes/Programs/Events
Summer Skill Development
Classes/Programs/Events
Human Resources
Aquatics & Fitness Admin
I-Ieights at Valleyview
ClassesK'rogramsEvents
Classes/Programs/Events
Water System Maintenance
Environmental Education
Classes/Programs/Events
Afternoon Playground
Fall Skill Development
Police
Teen Work Program
Outdoor Center
Classes/Programs/Events
Telephone
Senior Center Administration
Staring Lake Concert
Police
Outdoor Center
Community Center Admin
Outdoor Center
Classes/Programs/Events
Fleet Services
Park Maintenance
City Manager
Summer Theatre
Outdoor Center
Edenvale TIF District
Outdoor Center
ClassedProgramdEvents
Park Facilities
TIF Elim Shores & PV Apartment
Fleet Services
Check # Amount Vendor I Exilanation Account Description Business Unit
132002
132003
132004
132005
132006
132007
132008
132009
132010
132011
132012
132013
132014
132015
132016
132017
132018
132019
132020
132021
132022
132023
132024
132025
132026
132027
132028
132029
132030
132031
132032
132033
132034
132035
132036
132037
132038
132039
132040
132041
132042
132043
132044
132045
132046
132047
132048
132049
132050
132051
132052
132053
132054
132055
132056
132057
132058
132059
132060
132061
132062
133063
13206-1
132065
250
19,883
200
328
1,528
1,634
200
92,721
4,109
46
37
60
121,069
20
650
50
580
126
425
139
47 1
5,165
113,865
40
394
1,327
357
1,707
58
359
165
453
8
1,508
171
364
274
417
263
909
564
399
151
479
1,368
70
47
6,786
1,811
733
88
845
2,568
476
207
12,183
859
916
9
22.800
1,710
17,610
175
110
R4DDE TAXIDERMY
REAL ESTATE EQUITIES MANAGEMEN
REILLY, PHIL & FENSKE, PAULA
RICHARDSON, JIM
RICHFIELD, CITY OF
RICHFIELD, CITY OF
RUECKERT, RICHARD J
SILVERCREST PROPERTIES
SOUTHWEST METRO TRANSIT
STOERING, LEE
SUBURBAN CHEVROLET
SWANSON, MICHAEL
TE MILLER DEVELOPMENT LLC
TKACH, GEORGE
TUBBS, KELLI RAE
WALSTEIN, LOUISE M.
WESTIN CROWN CENTER
WHITE, NICOLE
A TO Z SOUTHWEST RENTAL
AAA LAMBERTS LANDSCAPE PRODUCT
ABSOLUTE RAIN INC.
ACME WINDOW CLEANING INC.
AMERICAN LIBERTY CONSTRUCTION,
AMERICAN RED CROSS
AMERICAN WATER WORKS ASSOCIATI
ANCHOR PRINTING COMPANY
ANDERBERG, CRAIG W.
APRES
AQUA ENGINEERING INC
BACI-IMANS CREDIT DEPT
BATTERIES PLUS
BAUER BUILT TIRE AND BATTERY
BECKER ARENA PRODUCTS INC
BENIEK PROPERTY SERVICES INC.
BERNE SCALE
BERTELSON OFFICE PLUS
BIFFS INC
BILIMBI BAY
BLOOMINGTON SECURITY SOLUTIONS
BOYER TRUCKS SO. ST. PAUL
BRAUN INTERTEC CORPORATION
BRION, ED
BROWN TRAFFIC PRODUCTS
BRYAN ROCK PRODUCTS INC
BURTON EQUIPMENT INC
CARLSON TRACTOR AND EQUIPMENT
CEMSTONE PRODUCTS COMPANY
CHUCK'S EXCAVATING INC
CONNEY SAFETY PRODUCTS
CONSTRUCTION MATERIALS INC
CONTROL SERVICES OF MINNESOTA,
CORPORATE EXPRESS
CRYOCON INC
CUSTOM REFRIGERATION INC
DALCO ROOFING & SHEET METAL lN
DALE GREEN COMPANY, THE
DELEGARD TOOL CO
DELL
DEPARTMENT OF PUBLIC SAFETY
DIVERSE BUILDING MAINTENANCE
BRO-TEX JNC
CUTLER-MAGNER COMPANY
EARL F ANDERSEN INC
ECOLAB Ih'C
Operating Supplies
TIF Payment
Refunds
Instructor Service
Autos
Autos
Other Contracted Services
TIF Payment
Deposits
Lessons & Classes
Equipment Parts
Outside Water Sales
TIF Payment
Other Contracted Services
Other Contracted Services
Instructor Service
Tuition Reinibursement/School
Mileage & Parking
Small Tools
Landscape MaterialslSupp
Building Repair & Maint.
Other Contracted Services
Improvements to Land
Recreation Supplies
Training Supplies
Printing
Other Contracted Services
Other Rentals
Repair & Maint. Supplies
Landscape MaterialsISupp
Equipment Parts
Equipment Parts
Repair & Maint. Supplies
Building Repair & Maint.
Other Contracted Services
Office Supplies
Waste Disposal
Miscellaneous
Building Repair & Maint.
Equipment Parts
Testing - Soil Boring
Other Contracted Services
Equipment Parts
Capital Under $2,000
Gravel
Equipment Parts
Equipment Parts
Repair & Maint. Supplies
Other Contracted Services
Safety Supplies
Operating Supplies
Building Repair & Maint.
Video & Photo Supplies
Equipment Parts
Equipment Repair & Maint
Chemicals
Building Repair & Maint.
Landscape MaterialsISupp
Small Tools
Computers
Software Maintenance
Other Contracted Services
Signs
Repir & hkiint. Supplies
Outdoor Center
Columbine Road
Environmental Education
Fall Skill Development
Public Works
Water System Maintenance
Staring Lake Concert
Eden Shores
Escrow
Oak Point Operations
Fleet Services
Water Enterprise Fund
Lincoln Parc Apartments
Ciasses/Programs/Events
Staring Lake Concert
Outdoor Center
Police
Therapeutic Rec Administration
Storm Drainage
Water System Maintenance
Fire Station #1
City Hall - Direct Costs
Construction Fund
Oak Point Lessons
Water Treatment Plant
Senior Center Administration
Softball
July 4th Celebration
Park Maintenance
Water Treatment Plant
Fleet Services
Fleet Services
Ice Arena
Fire Station #2
Water Treatment Plant
Water Utility - General
Park Maintenance
Reserves
Staring Lake
Fleet Services
Improvement Projects 1996
Softball
Fleet Services
Fleet Services
Water System Maintenance
Water Treatment Plant
Fleet Services
Storm Drainage
Park Maintenance
Water System Maintenance
Street Maintenance
City Hall - Direct Costs
Water Utility - General
Fleet Services
Fleet Services
Water Treatment Plant
Water Treatment Plant
Street Maintenance
Fleet Services
Information Technolow
Information Technology
Park Sheltew
Traffic Signs
hlaintenance
Check iY Amount Vendor I Explanation Account Description Business Unit
132066
132067
132068
132069
132070
132071
132072
132073
132074
132075
132076
132077
132078
132079
132080
132081
132082
132083
132084
132085
132086
132087
132088
132089
132090
132091
132092
132093
132094
132095
132096
132097
132098
132099
132100
132101
132102
132103
132104
132105
132106
132107
132108
132109
1321 10
1321 11
1321 12
132113
132114
132115
132116
1321 17
132118
132119
132120
132121
132122
132123
132124
132125
132126
132127
132128
132129
787
840
1,292
6,313
248
454
23 1
38
33,845
604
1,395
2,094
3,855
1,304
487
120
3 80
724
688
3,902
96
31 1
523
32
2,088
263
1,667
443
350
1,112
168
254
14
906
470
35
1,017
53,866
13,826
433
1,560
68
134
42 1
1,610
573
615
605
2,764
107
2,845
161
204
4,897
513
23 8
700
248
583
3,450
852
9,547
198.088
117
EhfI
ENERGY MANAGEMENT INC
ESRI
ESS BROTHERS & SONS INC*
FACTORY MOTOR PARTS COMPANY
FERO, STACEY
FERRELLGAS
FIKES HYGIENE SERVICES
FLOORS BY BECKER
FLYING CLOUD T/S #U70
GARTNER REFRIGERATION & MFG IN
GENERAL REPAIR SERVICE
GERTENS
GLENROSE FLORAL AND GIFT SHOPS
GOVERNMENT FINANCE OFFICERS AS
GRAINGER
GEWPI-IIC SOURCE INC
GRAYTECH CARBONIC INC
GREEN LIGHTS RECYCLING INC
GREENMAN TECI-INOLOGIES OF MN IN
GS DIRECT
HACH COMPANY
HALLA NURSERY INC
HANSEN THORP PELLINEN OLSON
HARMON AUTOGLASS
HAWKINS WATER TREATMENT GROUP
HENNEPIN COUNTY I/T DEPT
HENNEPIN TECHNICAL COLLEGE
IlIRSHFIELDS PAINT MANUFACTURIN
HOLMES, TOM
HUEBSCI-I
HYDROLOGIC
IMAGE MAX INC
IN THE SWIM
IND SCHOOL DIST 272
INFRATECH
INGRAM EXCAVATING INC
INSIGHT PUBLIC SECTOR
INTERSTATE BATTERY SYSTEM OF M
ITRON INC.
J & II BERGE INC
J H LARSON ELECTRICAL COMPANY
J&R RADIATOR CORP
JANEX INC
JOHN HENRY FOSTER MINNESOTA IN
JOHNSON, KAMARA
LAB SAFETY SUPPLY INC
LAN0 EQUIPMENT INC
LESCO INC
LIQUID ENGINEERING CORPORATION
LOCATORS & SUPPLIES INC
LORENZ LUBRICANT COMPANY INC
LOVEGREEN MECHANICAL SERVICES
LYNN'S FLOWER DESIGN
M R SIGN
MCQUAY SERVICE
MENARDS
MESCEK INC
METRO BRUSH & SUPPLY
METRO CONCRETE RAISING INC
hlETROPOLITAN COUNCIL ENVIRONhIE
METROPOLITAN FORD
G & K SERVICES-MPLS INDUSTRIAL
,
MARTIN-MCALLISTER
177-
Other Rentals
Operating Supplies
Sofhvare
Repair & Maint. Supplies
Equipment Parts
Other Contracted Services
Motor Fuels
Operating Supplies
Building Repair & Maint.
Waste Disposal
Cleaning Supplies
Equipment Repair & Maint
Equipment Parts
Landscape MaterialdSupp
Miscellaneous
Dues & Subscriptions
Operating Supplies
Operating Supplies
Equipment Parts
Other Contracted Services
Equipment Repair & Maint
Operating Supplies
Equipment Parts
Landscape Materials/Supp
Design & Engineering
Equipment Repair & Maint
Chemicals
Software Maintenance
Building Rental
Operating Supplies
Other Contracted Services
Other Contracted Services
Repair & Maint. Supplies
Microfilming Service
Other Assets
Operating Supplies
Repair & Maint. Supplies
Improvement Contracts
Other Hardware
Equipment Parts
Software
Protective Clothing
Repair & Maint. Supplies
Equipment Repair & Maint
Cleaning Supplies
Other Contracted Services
Other Contracted Services
Cleaning Supplies
Other Rentals
Landscape Material s/ Supp
Other Contracted Services
Operating Supplies
Equipment Parts
Building Repair & Maint.
Other Contracted Services
Signs
Employment Support Test
Building Repair & Maint.
Repair & Maint. Supplies
Improvements to Land
Cleaning Supplies
Repair & Maint. Supplies
Waste Disposal
Equipment Pats
Summer Theatre
Ice Arena
Water System Maintenance
Sewer System Maintenance
Fleet Services
Volleyball
Ice Arena
Prairie Village Liquor Store
Capital Impr. / Maint. Fund
Park Maintenance
Water Treatment Plant
Ice Arena
Water Treatment Plant
Park Maintenance
Reserve
Finance
Riley Lake
Cummins House Special Events
Water Treatment Plant
Recycle Rebate
Fleet Services
Engineering
Water Treatment Plant
Water System Maintenance
Improvement Projects 1996
Fleet Services
Water Treatment Plant
Information Technology
Recycle Rebate
Park Maintenance
Softball
City Hall - CAM
Park Maintenance
Records Management
Oak Point Operations
Pool Special Events
Sewer System Maintenance
Charlson Area Construction
Capital Impr. I Maint. Fund
Fleet Services
Water Meter Reading
Water Treatment Plant
Fire Station #2
Fleet Services
General Facilities
Water Treatment Plant
Park Facilities
Water Treatment Plant
Street Maintenance
Water System Maintenance
Water Treatment Plant
Street Maintenance
Fleet Services
Water Treatment Plant
Public Safety Training Facilit
Traffic Signs
Human Resources
City Hall - Direct Costs
City Center Operations
Construction Fund
Water Treatment Plant
Storm Drainage
Sewer Utility - General
Fleet Services
Check # Amount Vendor I Explanation Account Description Business Unit
132130
132131
132132
132133
132134
132135
132136
132137
132138
132139
132140
132141
132142
132143
132144
132145
132146
132147
132148
132149
132150
132151
132152
132153
132154
132155
132156
132157
132158
132159
132160
132161
132162
132163
132164
132165
132166
132167
132168
132169
132170
132171
132172
132173
132174
132175
132176
132177
132178
132179
132180
132181
132182
132183
132184
132185
132186
132187
132188
132189
132190
132191
132192
132193
4,506
1,071
5,250
650
334
833
272
20
470
80
1,501
756
16
1,000
5,070
387
1,018
286
75
85
110,903
5,705
780
1,225
170
37
9,727
191
1,997
152
4,065
68
696
43 8
642
20,000
295
48,978
19
83
2,055
62
13,434
150
3 73
66
95,633
400
388
69 1
915
2,06 1
1,629
117
21
3,326
187
47
953
1,080
290
1,739
1,236
24,983
METROPOLITAN MECHANICAL,
MICHELAU, JOHN
MIDWEST ASPHALT CORPORATION
MIDWEST PLAYSCAPES
MIDWEST SIGN & SCREEN PRINTING
MINNESOTA GLOVE INC
MINNESOTA ROADWAYS CO
MJNNESOTA WANNER COMPANY
MTI DISTRIBUTING INC
NATIONAL WATERWORKS
NATIONWIDE ADVERTISING SERVICE
NEUMANN, NEAL
NEXT DAY GOURMET
NORTHERN TECISNOLOGIES INC
NORTHSHORE ADVISORS LLC
NORTHWEST BUSINESS SYSTEMS
OLSEN COMPANIES
ORIENTAL TRADING COMPANY INC
PAIN ENTERPRISES INC.
PAPER DIRECT INC
PARKOS CONSTRUCTION COMPANY
PCS TECHNOLOGIES INC
PETERSON ENVIRONMENTAL CONSULT
PMI COMPUTER SUPPLIES
POKORNY COMPANY
POWERPLAN OIB
PRAIRIE ELECTRIC COMPANY
PRAIRIE EQUIPMENT COMPANY
PRAIRIE LAWN AND GARDEN
PRAIRIE OFFSET PRINTING
PREMIER SERVICES
PRINTERS SERVICE INC
RAY, LEE
RCM & ASSOCIATES
REED BUSINESS INFORMATION
RES SPECIALTY PYROTECHNICS INC
FUDGEVIEW MEDICAL CENTER
RMR SYSTEMS INC
ROAD MACHINERY & SUPPLIES CO
RUFFRIDGE JOHNSON EQUIPMENT CO
RUMPCA CO INC
S & S WORLDWIDE
SCHARBER & SONS
SCRAP METAL PROCESSORS INC
SHADYWOOD TREE EXPERTS INC
SM HENTGES & SONS INC
SMITH, SUZETTE JO
SOFTWARE HOUSE INTERNATIONAL I
SPS COMPANIES
SRF CONSULTING GROUP INC
SS DESlGN AND PRODUCTION INC
STANDARD SPRING
STREICHERS
SUBURBAN CHEVROLET
SUBURBAN PROPANE
SUBURBAN TIRE WHOLESALE INC
SUN NEWSPAPERS
S WEDLUNDS
TESSMAN SEED CO
TIMBERWALL LANDSCAPING INC
TKDA
SITRED-IT
SNAP-ON TOOLS
SOUTHWEST SUBURBAN PUBLISHING-
Building Repair & hfaint.
Other Contracted Services
Waste BlacktoplConcrete
Other Assets
Signs
Safety Supplies
Patching Asphalt
Equipment Repair & Maint
Equipment Parts
Repair & Maint. Supplies
Employment Advertising
Other Contracted Services
Operating Supplies
Building
Audit & Financial
Operating Supplies
Repair & Maint. Supplies
Operating Supplies
Chemicals
Operating Supplies
Building
Other Hardware
Other Contracted Services
Other Hardware
Repair & Maint. Supplies
Equipment Parts
Equipment Repair & Maint
Repair & Maint. Supplies
Equipment Repair & Maint
Printing
Other Contracted Services
Repair & Maint. Supplies
Other Contracted Services
Office Supplies
Legal Notices Publishing
Other Contracted Services
Other Contracted Services
Other Contracted Services
Equipment Parts
Equipment Parts
Waste Disposal
Operating Supplies
Machinery & Equipment
Equipment Repair & Maint
Other Contracted Services
Waste Disposal
Improvement Contracts
Other Contracted Services
Small Tools
Software
Employment Advertising
Repair & Maint. Supplies
Design & Engineering
Operating Supplies
Equipment Parts
Training Supplies
Equipment Parts
Equipment Repair & Maint
Tires
Employment Advertising
Waste Disposal
Chemicals
Building Materials
Improvement Contracts
City Hall - CAM
Sofiball
Street Maintenance
Capital Irnpr. I Maint. Fund
Traffic Signs
Fleet Services
Street Maintenance
Park Maintenance
Fleet Services
Water Meter Repair
Human Resources
So fiball
Senior Center Administration
Capital Impr. / Maint. Fund
Finance
Senior Awareness
Water System Maintenance
Special Initiatives
Pool Maintenance
July 4th Celebration
Capital Impr. / Maint. Fund
CDBG Fund
Storm Drainage
Capital Impr. / Maint. Fund
Fire Station #2
Fleet Services
Water Treatment Plant
Fire
Park Maintenance
Street Maintenance
Storm Drainage
Ice Arena
Sofiball
Recreation Administration
Construction Fund
July 4th Celebration
Risk Management
Utility Improvement Fund
Fleet Services
Fleet Services
Tree Disease
July 4th Celebration
Public Works
Fleet Services
Storm Drainage
City Center Operations
Improvement Prqjects 1996
Volleyball
Fleet Services
Information Technology
Human Resources
Water System Maintenance
Improvement Projects 1996
July 4th Celebration
Fleet Services
Police
Fleet Services
Fleet Services
Fleet Services
Human Resources
Outdoor Center
Park Maintenance
Richard T. Anderson Cons. Area
Utility Improvement Fund
Check # Amount Vendor I Esplanation Account Description Business Unit
132194
132195
132196
132197
132198
132199
132200
132201
132202
132203
132204
132205
132206
132207
132208
132209
132210
132211
132212
132213
132214
132215
132216
396
8,754
280
322
29 1
101
513
288
294
177
208,7 16
3,781
11,120
3,505
642
126
69 1
1,095
15
3,773
604
23 1
210
2,496,482
TRANSALARMINC
TRAUT WELLS
TRUGREEN CHEMLAWN MTKA
TW CITY ACOUSTICS INC
TWIN CITY FILTER SERVICE INC
TWIN CITY OXYGEN CO
U S LAWNS OF TWIN CITIES
UNCOMMON GATHERINGS
UNIFORMS UNLIMITED
UNLIMITED SUPPLIES INC
VALLEY PAVING INC
VERNCO MAINTENANCE INC
WALL TRENDS INC
WALTERS SWIM SUPPLIES NC.
WENCK ASSOCIATES INC
WEST WELD
WHEELER LUMBER LLC
WM MUELLER AND SONS INC
WOLF CAMERA
ZAHN, GERALD
ZEP MANUFACTURING CO
ZOELLNER, MARK
WORK CONNECTION-BPARK
Grand Total
Other contracted Services
Equipment Repair & Maint
Other Contracted Services
Building Repair & Maint.
Repair & Maint. Supplies
Lubricants & Additives
Other Contracted Services
Operating Supplies
Operating Supplies
Equipment Parts
Improvement Contracts
Other Contracted Services
Other Contracted Services
Recreation Supplies
Other Contracted Services
Equipment Parts
Building Materials
Other Assets
Video & Photo Supplies
Other Contracted Services
Other Contracted Services
Equipment Parts
Other Contracted Services
Police City Center
Water Treatment Plant
Water Treatment Plant
Water Treatment Plant
Water Treatment Plant
Fleet Services
Park Maintenance
Summer Theatre
Police
Fleet Services
Improvement Projects 1996
Water Treatment Plant
City Center Operations
Pool Lessons
Storm Drainage
Fleet Services
Park Maintenance
Capital Inipr. / Maint. Fund
Assessing
Park Maintenance
Volleyball
Fleet Services
Sofiball
CITY COUNCIL AGENDA
SECTION: Ordinances and Resolutions
DEPARTMENT/DIVISION: ITEM DESCRIPTION:
Office of the City Manager
Second Reading of an Ordinance to Amend
City Code Section 2.05 relating to Salaries of
the Mayor and Council Members
P
Requested Action
DATE:
July 20,2004
ITEM NO.:
=,A.
Move to: Approve the Second Reading of an Ordinance amending City Code Section
2.05 relating to salaries of the Mayor and Council Members.
Synopsis
A change was made to the amount of the Mayor’s salary increase. The amount was rounded up
to $825.00 from $808.33 per month.
The first reading of this Ordinance was approved at the July 6t” Council meeting.
Attachment
Ordinance
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. -- 2004
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY
CODE CHAPTER2 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 3 1,2004 and shall
be $825.00 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 3 1,2004, 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 testifjr 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 3 1,2004, 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 testifjr 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.
CITY COUNCIL AGENDA
SECTION: Director of Parks and Recreation
DEPARTMENT/DIVISION:
DATE:
July 20,2004
ITEM NO.: ITEM DESCRIPTION: I Robert A. Lambert Review of Referendum Survey
Director of Parks & -
Requested Action
Move to: Approve the draft survey for the Parks and Recreation referendum follow-up
study.
Synopsis
Attached to this memorandum is a draft survey document for a follow-up study to determine why
the referendum failed and what changes, if any, would result in a successful referendum in the
future.
Council members are requested to review the draft survey document and recommend any
changes or additiorddeletions to the survey document. A representative of MarlcetLine
Research will attend the July 20 meeting to answer any questions council members may have
relating to this survey document.
Attachment: Referendum Follow-up Study
City of Eden Prairie
Parks And Recreation Referendum Follow-up Study
De-dup sample so that there is only one phone number/one person per household.
Depending on inforination available on calling record:
9 ifjidl name of resident, ask for inale/feiliale head of household depending on expected gender
ofJirst name
9 ifno name available, ask for inale or female head of household
Hello, my name is [YOUR NAME] with MarketLine Research. We are conducting a study for the City of Eden
Prairie and would like to include your opinions. We are not selling anything. All your responses are totally
confidential and will be combined with others who participate in this study.
41, Before we begin, do you live within the city limits of Eden Prairie?
0 Yes [CONTINUE]
0 No [THANK AND TERMINATE]
42. How long have you lived in the City of Eden Prairie?
[DO NOT READ, ENTER RESPONSE IN CORRECT RANGE]
P 3 months or less [THANK AND TERMINATE]
0 4 to 11 months [CONTINUE]
0 1to4years [CONTINUE]
0 5to9years [CONTINUE]
0 10 to 14 years [CONTINUE]
0 15 to 19 years [CONTINUE]
0 20 to 29 years [CONTINUE]
0 30 years or more [CONTINUE]
0 Don’t knowRefused [THANK AND TERMINATE]
NOTE: If “3 months or less ”, terminate by saying “I’m sorry but thank you very much for your
time. We have alreadyJilled our quota for newer residents.”
43. Do you or does anyone in your household work for: [READ LIST]
0 A newspaper, radio or TV station, or
0 A marketing research frm, advertising agency, or
public relations frm
0 The city of Eden Prairie
0 None of above
[DO NOT READ] Refhsed
44. Overall, how do you rate the City of Eden Prairie as a place to live?
Would you say ... ? [READ LIST]
P Verygood
0 Good
0 Only fair, or
P Poor
0
P [DONOTREAD] Refused
[DO NOT READ] Don’t know
Page I of 8
Q5. Over the past three years, do you think Eden Prairie has gotten better, gotten worse, or stayed about the
same as a place to live?
0 Better
0 Stayed the same
0 Worse
0
0 [DONOTREAD] Refused
[DO NOT READ] Don't know
46. Have you visited any of Eden Prairie's parks or recreation facilities in the past year?
c1 Yes [SKIP TO QS.]
No [CONTINLTE]
P [DO NOT READ] Don't know [SKIP TO QS.]
P [DONOTREAD] Refused [SIUI? TO QS.]
47. What is the main reason you have not visited any of the City's parks or recreation facilities in the past year?
[CLARIFY RESPONSES]
QS. Have you visited the City's Community Center in the past year?
0 Yes
0 No
0 [DO NOT READ] Don't know
[DONOTREAD] Refused
Q9. Have you used any of the City's Bicycle and Pedestrian Trails in the past year?
0 Yes
P No
P [DO NOT READ] Don't know
P [DONOTREAD] Refused
QlO. This past May, the City of Eden Prairie asked citizens to vote on a park and recreation bond referendum.
Before this survey, were you aware of this referendum?
0 Yes [CONTINUE]
0 No [THANK AND TERMINATE]
Q1 1. Are you aware that the Park Bond Referendum was defeated by a majority vote of the citizens?
P Yes
P No
412. How well informed were you about the Park Bond Referendum? Were you. ..? [READ LIST]
0 Very well informed [CONTINUE]
0 Somewhat informed [SKIP TO 414.1
0 Not very well informed, or [SKIP TO 414.1
0 Not at all informed [SUP TO 414.1
P [DO NOT READ] Don't know/Refused [SKIP TO Q15.1
Q 13. How did you learn about the Park Bond Referendum?
[CLARIFY RESPONSE]
414. In your opinion, what could the City have done, if anything, to better inform you about the Park Board
Referendum? [CLARIFY RESPONSE]
Q15. Did you think it was a good idea or a poor idea to have all the funding projects lumped together into a
single question so that citizens could vote for, or against. improvements to a total park system?,
P Goodidea
0 Pooridea
Page 2 of 8
Q15b. Why do you think it was a (INSERT RESPONSE FROM Q15)?
Q16. Do you think the time of the year the referendum was put up for vote was a major reason it was defeated?
That is, do you think November would have been a better time to vote on the Park Bond Referendum than
May?
0 Yes [CONTINLTE]
0 No [SKIP TO 417.1
Q16b. Why do you say that? [CLARIFY RESPONSE]
417. Do you think the nation’s economy was a reason the referendum was defeated?
P Yes [CONTINUE]
P No [SKIP TO 418.1
Q17b. Why do you say that? [CLARIFY RESPONSE]
QIS. Now I’m going to read a number of statements about the City of Eden Prairie. For each statement,
please tell me how much you agree or disagree. The first statement is [READ FIRST STATEMENT]. Do
you Agree strongly, Agree somewhat, Disagree somewhat, Disagree strongly?
[ROTATE STATEMENTS]
Agree strongly
Agree somewhat
Disagree somewhat
Disagree strongly
[DO NOT READ] Don’t know
[DO NOT READ] Refused
a.
b.
d.
e.
f.
g. h.
C.
1.
j. k.
1.
m.
n.
0.
property taxes in Eden Prairie are rising too fast
the City’s solution to most problems is to ask for more money
the City does a good job of managing money for repair and maintenance of city roads and facilities
I don’t think the City should have two referendums in the same year
I think the City is more willing to spend money than look for ways to save money
the city does a good job of communicating about capital expenditures
I have too many special assessments on my property to support any more tax increases
I think the City does a good job of maintaining our parks and recreation facilities
the city of Eden Prairie has become an expensive place to live
the Parks and Recreation department does a good job of managing its budget
I won’t vote for any referendum that means an increase in my property tax
I think the City is involved in too many things that it shouldn’t be
I don’t think the City should be asking for more money during these tight economic times
the improvements and additions to the parks and recreation facilities are important, but too expensive
because of the large increase in property taxes over the past few years, I won’t vote for any
at this time
referendum
Q19. Are you aware that Eden Prairie’s School District is going to ask citizens to vote on a referendum this fall?
P Yes
0 No
Page 3 of 8
420. How likely are you to vote in the election for the school referendum? I’m not asking whether you are FOR
or AGAINST the school district referendum, but whether or not you will cast a ballot on the referendum.
Would you say you are...? [READ LIST]
P Verylikely
P Somewhat likely
0 Not very likely, or
0 Not at all likely
0 [DO NOT READ] Don’t know/Refused
Do not ask Q21. if “No” to Q19.
421. When the Park Bond Referendum was being voted on, were you aware that the School District was
considering a referendum for this fall?
0 Yes
0 No
Q22. Do you think the City should attempt another Park Bond Referendum within the next two years?
0 Yes [SKIP TO 424.1
0 No [CONTINLTE]
Q23. Why don’t you think the City should attempt another Park Bond Referendum within the next two years?
[CLARIFY RESPONSE]
If “Yes” to Q22., ask Q24.
Q24. I’m going to read a list of projects that were on the May referendum. For each, please tell me if you think it
should be on a new referendum. The first project is [INSERT FIRST PROJECT]? Do you think this
project should be included in a new referendum? Yes or No? ROTATE PROJECTS
Community Park Improvements
a. Provide park shelters with restrooins and concession stands
0 Yes
0 No
Neighborhood Park Improvements
b. the replacement of warming house facilities at skating rinks in older neighborhood parks?
0 Yes
0 No
Flying Cloud Ball Fields
c, make improvements to Flying Cloud Fields by adding one additional baseball field and four
additional multi-use fields for soccer/football/lacrosse, plus additional parking and access to
Spring Road
P Yes
P No
Athletic Facility Improvements
d. City provide matching funds to some youth athletic associations are attempting to raise money
to improve existing facilities or add to existing facilities
0 Yes
P No
BicycleFedestrian Trails
e. improvements to the City’s BicyclePedestrian Trails by expanding the width of trails around
Staring Lake and Round Lake, and by constructing trails in the Purgatory Creek and Riley
Creek Valley
0 Yes
P No
Page I of 8
Land Acquisition
f. purchase additional park and open space land at Birch Island Woods and the Lower Purgatory
Creek Valley
0 Yes
0 No
Community Center
g. improvements to the Community Center
0 Yes
0 No
rf “No” ask: Should fewer repairs and improvements to the Coimnunity Center be proposed?
0 Yes
0 No
If “Yes” ask: Which of the following repairs or improvements should be eliminated?
[READ LIST]
1.
2.
3.
4.
5.
6.
deepening the INDOOR pool to meet new indoor safety standards required for high
school and competitive swim meets
expansion of the locker rooms
addition of a multi-purpose room to provide recreation for youth of all ages
expansion of the Fitness Center
addition of a Child Care Facility
a third sheet of indoor ice
Outdoor Family Aquatic Center
h. development of an OUTDOOR family aquatic center
0 Yes
R No
If “No” ask: Should a smaller size aquatic center than originally proposed be developed?
0 Yes
0 No
425. Did you vote in the May election on the Park Bond Referendum?
0 Yes [CONTINUE]
0 No [SKIP TO 427.1
426. Were you for or against the Park Bond Referendum put forth by the city in May?
R For the referendum
0 Against the referendum
Cl [DO NOT READ] Did not vote in the special election for the Park Bond Referendum
0 [DONOTREAD] Refused
If “Refused” say: That’s alright, I can understand. The way someone votes is personal. The
information will be used for analysis purposes only. And also, let me remind you that all your
responses in this survey are confidential.
427. In your opinion, why do you think the Park Bond Referendum was defeated?
[CLARIFY RESPONSE]
Page 5 of 8
428.
Q29.
Q30.
Q31.
Q32.
Q33.
Demographic/Classification Questions
My last questions are for classification purposes only. We collect this information to make sure we have
gathered the opinions fiom a variety of people.
Do you own or rent your current residence? [DO NOT READ LIST]
OWn
Rent
[DO NOT READ] Don't know/Refused
What is your inarital status? Are you ... ? [READ LIST]
Married, or
Single
Divorcedwidowedseparated
[DO NOT READ] Don't know/Refused
How many people, including yourself, live in your household? [DO NOT READ LIST]
One
Two
Three
Four
Five or more
[DO NOT READ] Don't know/Refused
Do you currently have children under the age of 18 living in the household?
Yes
No
[DO NOT READ] Don't know/Refused
Do any of your children currently attend kindergarten through 12th grade?
Yes
No
[DO NOT READ] Don't knowlRefused
Are you ... ? [READ LIST]
employed full time
part time
not employed outside of home
a student, or
retired
[DO NOT READ] Don't know/Refused
IF '2MARRIED'SELECTED IN Q29. ASK Q34.
434. Is your spouse ... ? [READ LIST]
employed full time
part time
not employed outside of home
a student, or
retired
Don't know/Refused
IF 'EMPLOYED FULL TIME' OR 'PART TIME' SELECTED LN Q33, ASK Q35
435. In what city do you work? [RECORD NAME OF CITY]
Page 6 of 8
436.
437.
438.
439.
440.
441.
IF '.ED' SELECTED IN Q29. AND 'FULL TIME' OR 'PART TIME' SELECTED IN 034.
In what city does your spouse work? [RECORD NAME OF CITV
Can you please tell me what your age was on your last birthday? [RECORD AGE]
What was the last grade of school you completed? Was it ... ? [READ LIST]
Some high school or less
High school graduate
Some college or technical school
Technical school graduate
College graduate, or
Post graduate
[DO NOT READ] Don't know/Refused
Can you tell me what your 2003 total household income before taxes was? Please stop me when I get to
the right range. [READ LIST]
Less than $25,000
$25,000 - $49,999
$50,000 - $74,999
$75,000 - $99,999
$100,000 or more
[DO NOT READ] Don't know/Refused
In case my supervisor needs to verify my work could you give me your first name only?
[RECORD VERBATIM]
That is all the questions I have. Thank you for your time. The information you have provided will help the
elected officials and staff for the City of Eden Prairie better understand the priorities of its residents.
[RECORD RESPONDENT GENDER]
Female
Male
Page 7 of 8
Park Bond referendum projects as identified in the final market research report, December, 2003.
Artificial turf surface in a community park to maximize use of one or more multi-use fields
Park shelters with restrooms and concession stands
Replacement of warming house facilities at skating riilks in older neighborhood parks
One additional baseball field and four additional multi-use fields plus additional parking
Matching funds for youth athletic associations raising money to improve or add to existing facilities
Expansion of the trail width around Staring lake from eight feet to ten feet
Expansion of the trail width around Round Lake from eight feet to ten feet
Purchase of additional land at Birch Island Woods
Purchase of land to complete the trail in the Lower Purgatory Creek Valley
Improvements to the indoor pool - including deepening the pool to meet new indoor safety standards
Expansion of locker rooms at Community Center
Addition of multi-purpose room at Community Center to provide recreation programs for youth
Expansion of Fitness Center at Community Center
Addition of a Child Care facility at Community Center
A third sheet of ice at Community Center
An outdoor family aquatic center
Page 8 of 8
CITY COUNCIL AGENDA
SECTION: Director of Public Works
DEPARTMENTDIVISION: ITEM DESCRIPTION: I.C. 03-5606
Public Works
Eugene A. Dietz
Approve Technical Services Agreement for
Hidden Ponds Trail and Pond Improvements
DATE:
July 20,2004
ITEM NO.: a €. I,
Requested Action
Move to: Approve Professional Services Agreement with HTPO, Inc. for final design
and construction administration services for Hidden Ponds Trail and Pond
Improvements at an estimated cost of $53,500.00.
Synopsis
The feasibility hearing for the Trail and Pond Improvements in the Hidden Ponds neighborhood
is scheduled for July 20,2004. If Council has ordered the improvements at the conclusion of the
hearing, it is necessary and appropriate to approve the contract for professional services to
prepare the final plans and construction administration services to allow the project to proceed in
accordance with the proposed schedule.
Attachments
HTPO, Inc. Letter Proposal
Engineering . Surveying
Landscape Architecture
751 0 Market Place Drive
Eden Prairie, MN 55344
952-829-7806 fax
952-829-0700
June 21,2004
Mr. Gene Dietz
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344
Re: Hidden Ponds Trail and Pond Improvements
Eden Prairie Project No. 03-5606
Dear Gene:
As requested, the following estimates for civil engineering
and surveying services for the above referenced project is
provided for your consideration.
Estimate Scope of Services
$1 6,000 .OO Preparation of Construction Documents
for reconstruction of approximately 4,000
feet of trails; cleaning sediment out of
existing pond/wetland nos. 7-12-B, C, 7-
23-A, and 7-24-F; erosion and storm sewer
outlet repairs and addition of sump storm
sewer structures within the improvement
areas. Includes permit application to
Watershed District and PCA (Stomwater
Permit). Assumes that wetland
delineations, tree and topographic
surveys along the trail and easements will
not be required. ($9,000 of this fee is
attributable to trail improvements and
$7,000 is attributable to pond
improvements and storm sewer
additionslrepairs).
$2,500.00 Field Verification of Property
Boundaries along trail. (100% of this fee
is attributable to trail improvements).
Dietz/ Johnson
June 21,2004
Page 2
$35,000.00 Bid Administration, Construction
Administration, Staking, Inspection, and As
Built Survey of Ponds. ($10,000.00 of this fee
is attributable to trail improvements and
$25,000.00 is attributable to pond
improvements and storm sewer
additions/repairs).
HTPO, Inc. proposes to provide services in accordance with
the attached General Conditions. Invoices will 'be submitted
based on actual hours worked using a 2.4 multiplier times
direct personnel expense. We will keep you informed of our
work progress and the above fee estimates will not be
exceeded without prior approval from your office.
Customary reimbursable expenses (printing, courier, and
other out-of-house services and documents) are passed on
directly to you. We invoice our services monthly payable
within 30 days.
Thank you for this opportunity to provide our services.
Sincerely,
HANSEN THORP PELLINEN OLSON, INC.
n
Laurie A. ~ohnsvon, P.E.
Principal
LAJ:ks
Enclosure
Approved: City of Eden Prairie
By:
By:
CITY OF EDEN PRAIRlE
Consultant Agreement
GENERAL CONDITIONS
' SECTION 1: PROJECT INIFORMATION
1.1 City will provide to Consultant all known information
regarding existing and proposed conditions of the site or which
affects the work to be performed by Consultant. Such
information shall include, but not be limited to site plans,
surveys, known hazardous waste or conditions, previous
laboratory analysis results, written reports, soil boring logs and
applicable regulatory site response (Project Information).
1.2 City will transmit to Consultant any additions, updates, or
revisions to the Project Information as it becomes available to
City, its subcontractors or consultants.
1.3 City will provide an on-site representative to Consultant
within 24 hours upon request, to aid, defme, supervise, or
coordinate work or Project Information as requested by
Consultant.
1.4 Consultant will not be liable for any decision, conclusion,
recommendations, judgement or advice based on any
inaccurate information hrnished by City, or other
' subcontractors or consultants engaged by City.
SECTION 2: SITE LOCATION, ACCESS, PERMITS,
APPROVALS AM) UTILITIES
2.1 City will indicate to Consultant the property lines of the
site and assume responsibility for accuracy of markers.'
2.2 City will provide for right-of-way for Consultant personnel
and equipment necessary to perform the work. ,
2.3 City will be solely responsible for applying for and
,obtaining permits and approvals necessary for Consultant to
perform the work. Consultant will assist City in applying for
and obtaining such permits and approvals as needed. It is
understood that City authorizes Consultant to act as agent for
City for City's responsibilities -under this section including
signing certain foms on City's behalf such as Right-of-way
foms.
.
.
.
2.4 While Consultant will take reasonable precautions to
minimize any damage'to property, it is understood by'City that
in the normal course of the work some damage may occur.
The correction of any damage is the responsibility of City or,
at City's direction, the damage may be corrected by Consultant
and billed to City at cost plus 15%. Notwithstanding the
above, Consultant agrees to be responsible for damage caused
by Consultant's negligence.
2.5 City agrees to render reasonable assistance requested by
Consultant to enable performance of work without delay or
interference, and upon request of Consultant, to provide a suitable
workplace.
2.6 City will be responsible for locating and identifying all
subterranean structures and utilities. Consultant will take
reasonable precautions to avoid damage or injury to subterranean
structures and utilities identified and located by City and/or
representatives of Utility Companies.
SECTION 3: SAMPLES
3.1 Consultant may retain at its facility selected soil, water, or
material samples for a maximum of 30 days after completion of
the work and submission of Consultant's report, which samples
shall remain the property of City. Unless otherwise directed by
the City, Consultant may dispose of any samples after 30 days.
3.2 Disposal of contaminated or hazardous waste samples is the
responsibility of City. After said 30 days, City will be responsible
' to select and arrange for lawful disposal procedures that include
removal of samples from Consultant's custody and transporting
#em to a disposal site. City may request, or if City does not
arrange for disposal, Consultant may deliver samples to City, ' .
freight collect, or arrange for lawful disposal and bill City at cost
plus 15%.
'
SECTION 4: FEE PAYMENT / CLAIMS
4.1 Consultant will submit invoices to City monthly, and a final
invoice upon completion of work. Invoices will show charges
based on the current Consultant Fee Schedule or other documents
as attached.
4.2 To receive any payment on this Contract, the invoice or bill
must include the following signed and dated statement: "I declare
under penalty of perjury that this account, claim, or demand is
just and correct and that no part of it has been paid."
-
4.3 The balance stated on the' invoice shall be deemed correct
unless City notifies Consultant, in writing, of the particular item
that is alleged to be incorrect within ten (10) days from the
invoice date. Consultant will review the alleged incorrect item
within ten (10) days and either submits a corrected invoice or a
statement indicating the original amount is correct. .
.
.City of Eden Prairie General Conditions
Consulfnnf Agreement
December 2000
Pnge I of 4
L 4.4' Payment is due upon receipt of invoice (or corrected
invoice) and is past due sixty (60) days from invoice date. On
past due accounts, City will pay a finance charge of 1.5% per
.month on the unpaid balance, or the maximum allowed by law,
whichever is less, until invoice is fully paid.
4.5 If City fails to pay Consultant within sixty (60) days
following invoice date, Consultant may deem the default a
breach of its agreement, terminate the agreement, and be
relieved of any and all duties. under the agreement, City'
however, will not be relieved of Fee Payment responsibilities
by the default or ternination of the agreement.'
4.6 City will be solely responsible for applying for and
obtaining any applicable compensation fund reimbursements
.from various state and federal programs. Consultant may
assist City in applying for or meeting notification
requirements, however. Consultant makes no representations
or guarantees as to what fund reimbursement City may receive.
Consultant shall not be liable for any reductions from
reimbursement programs made for any reason by state or
federal agencies, except as may be caused by Consultant's
negligence.
4.7 City may withhold from any final payment due the
Consultant such amounts as are incurred or expended by the
City on.account of the termination of the Contract. '
SECTION 5: OWNERSHIP OF DOCUMENTS
5.1 Consultant will deliver to City certain reports as
instruments of the professional work or services performed
pursuant to this Agreement. All reports are intended solely for
City, and Consultant will not be liable for any interpretations
made by others.
5.2 City agrees that all reports and other work hished to
City, or City's agents or representatives, which are not paid for,
will be returned to. Consultant upon demand and will not be
used by City for any purpose.
5.3 Unless otherwise agreed, Consultant will retain all
pertinent records or reports concerning work and services
performed for a period of at least two (2) years after report is
submitted. During that time the records will be made available
to City during Consultant's normal business hours. City may
obtain reproducible copies of all software, manuals, maps,
drawings, logs and reports at cost, plus 15%, for data and
materials not being provided as part of the scope of work for
the project.
5.4 City may use the Consultant report in its entirety and may
make copies of the entire report available to others. However,
City shall not make disclosure to.others of any portions or
excerpts of a report constituting less than the entire report, or
to mislead others by omitting certain aspects contained in the
report.
5.5 Consultant will consider Project Information as confidential
and will not disclose to third parties information that it acquires,
uncovers, or generates in the course of performing the work,
except as and to the extent Consultant may, in its sole discretion,
deem itself required by law to disclose.
SECTION 6: DISPUTES /LIMITATIONS OF REMEDIES
6.1 In the event of a breach of Contract by City, the Consultant
shall not be entitled to recover punitive, special or consequential
damages or damages for loss of business.
6.2 City will pay all reasonable litigation or collection expenses
including attorney fees that Consultant incurs in collecting any
delinquent amount City owes under this agreement.
6.3 If City institutes a suit against Consultant, which is dismissed,
dropped, or for which judgement is rendered for Consultant, City
will pay Consultant for all costs of defense, including attorney
fees, expert witness fees and court costs.
.
6.4 If Consultant institutes a suit against City, which is dismissed,
dropped, or for which judgement is rendered for City, Consultant
will pay City for all costs of defense, including attorney fees,
expert witness fees and court costs.
6.5 Dispute Resolution
5.5.1 Mediation
All clairns, disputes and other matters in question (hereinafter
LLclaim'y) between the parties to this Agreement, arising out of or
relating to this Agreement or the breach thereof, shall be subject .
to mediation. If the parties have not resolved the dispute within
thirty (30) days ofreceipt of a written complaint, each party may
require the dispute be submitted for mediation. If the parties are
unable to agree on a mediator within ten (10) days following a
request for mediation, either party may request that a mediator be
appointed by the Fourth Judicial District Court. The parties agree
to share equally all fees incurred in the mediation.
.
The parties shall submit to.mediation for a minimum of eight (8)
hours. The parties agree that the mediation proceedings are
private and confidential. If, at the end of eight hours of
mediation, the parties have not resolved the dispute, the parties
may agree to extend hods of mediation.
4.5.2 Arbitration
At the option of the party asserting the same, a claim between the
parties to this Agreement, arising out of or relating to this
Agreement or the breach thereof, whereby the party or parties
City of Eden Pmirie GenernI Conditions
Consuht Agreement
December ZOO0
Pnge 2 of 4
'asskrting the same claims entitlement to damages or payment
of less than $25,000.00 in aggregate may be decided by
arbitration in accordance with the Construction Industry
Arbitration Rules of the American Arbitration Association then
existing unless the parties mutually agree otherwise. In the
event any person shall commence an action in any court for
any claim arising out of or relating to this Agreement or the
breach thereof or the Project or construction thereof or any
contract for such construction, the party making a claim in
arbitration may dismiss such proceedings (unless the hearing
on the claim has commenced) and elect to assert its cla& in
such action if such party could have done so but for the
provisions of this Paragraph.
The parties agree to bear equal responsibility for the fees of
AAA, includiig the arbitrator(s). Judgement upon the award
rendered by the arbitrator(s) .may be entered.in any court
having jurisdiction thereof.
In the event that arbitration services are not available from
AAA, either party may request that an arbitrator be appointed
by the Fourth Judicial District Court.
4.5.3 Compliance
The parties deem the dispute resolution procedure as set forth
herein to be an integral and essential part of this Agreement.
A party's failure to comply in all respects with this procedure
shall be a substantial breach of this Agreement. The
arbitrator(s) shall be authorized to assess costs and attorney's
fees against a party that has failed to comply with the
procedure in all respects, and, may as a condition precedent to
arbitration, require the parties to mediate in accordance with
Section 6.5.1 hereof.
SECTION 7: STANDARD OF CARE
7.1 Because no sampling program can prove the non-existence
or non-presence of contaminated conditions .or materials
'throughout the "entire" site or facility, Consultant cannot
warrant, represent, guarantee, or certify the non-existence or
non-presence, or the extent of existence or presence, of
contaminated conditions or materials, and City's obligation
under this agreement will not be contingent upon Consultads
delivery of any warranties, .representations, guarantees, or
certifications.
7.2 Consultant's opinions, conclusions, recommendations, and
report will be prepared in accordance with the proposal, scope
of work, and Limitations of Environmental Assessments and
no warranties, representations, guiuantees, or certifications wilI
.be made. Except that Consultant warrants that hardware and
software will perform as represented in proposal and other
parts of this agreement.
City of Eden Prairie General Conditionr
Conrultnnt Agreement
December 2000
P0.w 3 of4
7.3 Although data obtained from discrete sample locations will be
used to infer conditions between sample locations no guarantee
may be given that the inferred conditions exist because soil,
surface and groundwater quality conditions between sample
locations may vary significantly, and because conditions at the
time of sample collection may also vary significantly with respect
to soil, surface water and groundwater quality at any other given
time and for other reasons beyond Consultant's control.
7.4 Consultant will not be responsible or liable for the
interpretation of its data or report by others.
SECTION 8: GENERAL INDEMNIFICATION
8.1 Consultant will indeninify and hold City harmless from and
against demands, damages, and expenses caused by Consultant's
negligent acts and omissions, and breach of contract and those
negligent acts, omissions, and breaches of persons for whom
Consultant is legally responsible. City will indemnify and hold
Consultant harmless from and against demands, damages, and
expenses caused by City's negligent acts and omissions, and
breach of contract and those acts, omissions, and breaches of
persons for whom City is legally responsible.
SECTION 9: INSURANCE /WORKER'S
COMPENSATION
9.1 Consultant represents and warrants that it has and will
maintain during the performance of this agreement Worker's
Compensation Insurance coverage required pursuant to Minn.
Stat. 176.181, subd. 2 and that the Certificate of Insurance or the
.written order of the Commissioner of Commerce.permitting self
insurance of Worker's Compensation Insurance coverage
provided to the City prior to execution of this agreement is
current and in force and effect.
'
9.2 Consultant shall procure and maintain professional liability
insurance for protection from claims arising out of professional.
services caused by any negligent act, error or omission for which
Consultant is legally liable.
.
9.3 Certificate of insurance will be provided to City upon request.
SECTION 10: TERMINATION
10.1 The agreement between Consultant'and City may be
terminated by either party upon thii- (30) days written notice.
10.2 If the agreement is terminated prior to completion of the
project, Consultant will receive an equitable adjustment of
compensation.
'
SECTION 11: ASSIGNMENT
1 1.1 Neither party may assign duties, rights or interests in the
performance of the work without obtaining the prior written
consent of the other party, which consent will not be
unreasonably withheld.
SECTION 12: DELAYS
12.1 If Consultant is delayed in performance due to any cause
beyond its reasonable control, including but not limited to
strikes, riots, fires, acts of God, governmental actions, actions
of a third party, or actions or inactions of City, the time for
performance shall be extended by a period of time lost by
reason of the delay. Consultant will be entitled to payment for
its reasonable additional charges, if any, due to the delay.
SECTION 13: EXTRA WORK
13.1 Extra work, additional compensation for same, and
extension of time for completion shall be covered by written
amendment to this agreement prior to proceeding with any
extra work or related expenditures.
SECTION 14: WITJIHOLDING TAXEX
14.1 No final payment shall be made to the Consultant .until
the Consultant has provided satisfactory evidence to the City
that the Consultant and each of its subcontracts has complied
with the provisions of Minn. Stat. 290.92 relating to
withholding of income taxes upon wages. A certificate by the
Commissioner of Revenue shall satisfy this requirement.
SECTION 15: AUDITS
15.1 The books, records, documents and accounting
procedures and practices of the Consultant or other parties
relevant to this Agreement are subject to examination by the
City and either the Legislative Auditor or the State Auditor for
.a period of six (6) years after the effective date of this
. Contract.
SECTION 16: PAYMENT TO SUBCONTRACTORS
16.1 The Consultant shall pay to any Subcontractor within ten
(10) days of the Consultant's receipt of payment from the City
for undisputed services provided by the Subcontractor. The
Consultant shall pay interest of one and a halfpercent
(1-1/2%) per month or any part of a month to a Subcontractor
on any undisputed amount not paid on time to the
Subcontractor. The minimum monthly interest penalty
payment for an unpaid balance of $100.00 or more is $10.00.
For an unpaid balance of less than $100.00, the Consultant
shall pay the actual amount due to the Subcontractor.
'
City of Eden Prnirie General Conditions
Consultant Agreement
December 2000
D--- A -r A
SECTION 17: DATA PRACTICES ACT COMPLIANCE
17.1 The Consultant shall at all times abide by Minn. Stat. 13.01
et seq., the Minnesota Government Data Practices Act, to the
extent the Act is applicable to data and documents in the
possession of the Consultant.
SECTION 18: DISCRIMINATION
In performance of this contract, the Consultant shall not.
discriminate on the grounds of or because of race, color, creed,
religion, national origin, sex, marital status, status with regards to
public assistance, disability, sexual orientation, or age against any
employee of the Consultant, any subcontractor of the Consultant,
or any applicant for employment. The Consultant shall include a
similar provision in all contracts with subcontractors to this
Contract. The Consultant further agrees to comply will all aspects
of the Minnesota Human Rights Act, Minn. Stat. 363.01, et seq.,
Title VI of the Civil Rights Act of 1964, and the Americans with .
Disabilities Act of 1990.
SECTION 19: CONFLICTS
No salaried officer or employee of the City and no member of the
Board of the City shall have a financial interest, direct or indirect,
in this contract. The violation of this provision renders the
Contract void. Any federal regulations and applicable state .
statutes shall not be violated.
SECTION 20: ENTIRE AGREEMENT
18.1 This Agreement contains the entire understanding between
the City and Consultant and supersedes any prior written or oral
agreements between them respecting the written subject matter.
There are no representations, agreements, arrangements or
understandings, oral or written between City and Consultant
relating to the subject matter of this Agreement which are not
fully expressed herein.
18.2 The agreement between Consultant and City may be
modified only by a written amendment executed by both City and .
Consultant.
'
18.3 This agreement is governed by the laws of the State of
Minnesota.
CITY COUNCIL AGENDA
SECTION: Consent Calendar
I
DEPARTMENTlDIVISION:
Engineering
Alan D. Gray
DATE:
July 20,2004
-
ITEM DESCRIPTION: I.C. 52-130
Award Contract for Columbine Road
Improvements
ITEM NO.:
Requested Action
Move to: Adopt resolution accepting the bid of Northwest Asphalt, Inc. for Columbine
Road Improvements.
Synopsis
The project consists of the northerly 2000 feet of Columbine Road and intersection
improvements at Prairie Center. The Northwest Asphalt, Inc. bid of $1,957,051.05 is below the
feasibility report construction estimate of $2,232,000.00.
Background Information
The completion of Columbine Road between Fountain Place and Prairie Center Drive is a project
identified in the City’s Transportation Plan first adopted in 1996. The acquisition of title to a tax
forfeit land parcel has provided the major right-of-way element needed for the project.
Construction plans were approved June 1 , 2004.
Attachments
Recommendation Letter
Summary of Bids
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO.
RESOLUTION ACCEPTING BID
WHEREAS, pursuant to an advertisement for bids for the following improvement:
I.C. 52-130 - Columbine Road Improvements
Bids were received, opened and tabulated according to law. Those bids received are shown on the
attached Summary of Bids; and
WHEREAS, the City Engineer recommends award of Contract to
Northwest Asphalt, Inc.
NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows:
The Mayor and City Manager are hereby authorized and directed to enter in a Contract with
Northwest Asphalt, Inc. in the name of the City of Eden Prairie in the amount of
$1,957,051.05 in accordance with the plans and specifications thereof approved by the
Council and on file in the office of the City Engineer.
ADOPTED by the Eden Prairie City Council on July 20,2004.
ATTEST:
Nancy Tyra-Lukens, Mayor
SEAL
Kathleen A. Porta, City Clerk
Engineering Surveying 5 9 Landscape Architecture
I
7510 Market Place Drive
Eden Prairie, MN 55344
952-829-7806 fax
952-829-0700 ,-: .
July 14,3004
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344
Attn: AlanGray
Re: Construction Bids for Columbine Road
Street Improvements
I.C. 52-130
Dear Mr. Gray:
Bids were received and opened at 1O:OO a.m. on Tuesday,
July 13,2004, for the above referenced project. The bids
are shown on the attached Summary of Bids.
The Engineer's Estimate was $2,394,848.25, with an add of ,
$58,135.00 for Alternate 1. The low bidder, Northwest
Asphalt, Inc. came in 19% below the Engineer's Estimate at
$1,948,89205 with an add of $8,159.00 for Alternate 1.
The recommendation is made that the City Council award
Improvement Contract 52-1 30 to Northwest Asphalt, Inc.
for the base bid mount of $1,948,892.05. This
recommendation considers that the City Council reserves
the right to waive minor irregularities and further reserves
the right to award the contract in the best interests of the
City.
Respectfully,
HANSEN THORP PELLINEN OLSON, INC. -
Laurie A. Johnson, P.E.
Principal
LAJ:ks
enclosures
SUMMARY OF BIDS
City of Eden Prairie
I.C. 52-130
DESCRIPTION: Columbine Road Street Improvements
BIDS OPENED: July 13;-2004
CONSULTING ENGINEER: Hansen Thorp Pellinen Olson Inc.
CHECKED BY:
BIDDER
Northwest Asphalt
Valley Paving
Bituminous Roadways
Glenn Rehbein Excavating
Hansen Thorp Pellinen Olson Inc.
BID SECURITY TOTAL BASE BID ALTERNATE 1 BID
YES
YES
YES
YES
$1,948,892.05 ADD $8,159.00
$1,949,624.73 ADD $97,478.60
$2,175,672.70 DEDUCT$16,350.00
$2,223,; 83.30 DEDUCT $37,56S:OQ
The undersigned recommend award of Contract to:
Northwest Asphalt, Inc.
as the lowest responsible bidder for this Improvement Contract.
David A. Roedel, P.E.
Consultijig Engineer City Eigineer
-. - The Pemtom Land Company
7597 ANAGRAM DRIVE
EDEN PRAIRIE, MINNESOTA 55344
(952) 937-07 I6 . FAX (952) 937-8635
TO: Honorable Mayor and Members of the City Council
SUBJECT: Historic Preservation Projects
DATE: July 6,2004
Honorable Mayor and Members of the City Council:
As I have hopefully matured in the community building business over the past 35 years, doing
the right thing to the land and particularly to the history of the land has become important to me.
Making a living in this business is one thing, but being able to go back to neighborhoods over
time and take pride in what has been accomplished is just as important.
When Settlers Ridge was planned we encountered Indian artifacts and mounds, settlers artifacts
and possibly one of the oldest homes in the City, the Dorenkemper log home. Councilman Case,
during the due diligence period of the public process, asked if someone from the Historical
Society could photograph the potential existence of logs on this home prior to demolition. Once
the logs and the quality of the home were exposed it became apparent to me that this was a
historical treasure that needed to be preserved.
Subsequent to that, the City granted me permission to transport and place the home on one of the
most beautiful locations in the City, the Riley-Jacques Farm overlooking Lake Riley. The City
thoughtfully has a master plan for that area and to that end I undertook the process of restoring
the Dorenkemper Home to near completion over the past two years. It is apparent that much
more work needs to be done in that area to fulfill all of our dreams for that site as well as
completing the log home.
After finishing the master plan of the Settlers Ridge area, I was able to acquire an interest in the
Moon Valley property owned by Beatrice Zwiers. That parcel consists of 135 acres, 10 of which
are located in City of Eden Prairie and the balance in the City of Chanhassen. The parcel is
orphaned from the City of Chanhassen and due to the topography of the bluffs and important
trees and foliage, it was apparent that for Chanhassen to ever serve the upper plateau or this land
it would be damaging to the bluffs and foliage and also would be very costly to undertake.
The staffs of both Cities met on a number of occasions and decided to allow the development of
this land as a complement to Settlers Ridge with the land to be planned with lots in each
respective City, but asking the City of Eden Prairie to provide municipal services of sewer and
water on land in the City of Chanhassen. Although this has been done via joint powers
agreements by many cities before, it needed to make economic sense to both communities to
undertake this cooperative agreement.
c
Honorable Mayor and Members of the City Council
July 6,2004
Page 2
The proposal I am offering to the City of Eden Prairie to serve the 48 lots in the City of
Chanhassen is that OUT company would install all public improvements at no cost to either City.
Further, we would compensate each City for their respective staff time, pay all park and
connection fees and expenses and over a period of time, as lots are being permitted, to pay to the
City of Eden Prairie $1,000,000.
Our company would like to stipulate that these hnds be earmarked for heritage preservation
projects only. I ask that the City prepare a list of historic projects in advanced of the payments
being made. The City would have the exclusive control over how these knds would be used for
historic preservation and education. Our company would suggest that these knds would be used
for the following projects, but the final use would at the City’s sole discretion.
Projects:
Dorenkemper Log Cabin
Riley-Jacques Barn Project
Cummins-Grill Homestead
My company strives to build a legacy for the future with the neighborhoods we are developing
now. It is particularly rewarding to me that our company’s current projects can also preserve the
legacy of Eden Prairie’s early pioneers.
cerely, n
President
DWidt
daily inspection, certify completion ii conformance to approved plans and speciscations 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 RecorderRegister
of Titles.
17. DONATION TO CITY:
The City of Chanhassen has requcsted 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
leaallv described on Exhibit A-1,and prior to the release by the Citv for such lot in ------{Deleted: depictedinExhibitB.
Clianhassen of the water meter equipment including the meter, the “horn” and the
remote radio redder. 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 be 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 samemanner
as amortgage byjudicial 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
.__.._.___________.----.---.-.-.~~.-----------.-------.------.----.--~ 1
’
.
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.
Uuon payment of an installment for a lot. the Developer mavpresent to the Citv an
instrument for execution on behalf of the Citv which releases anv lot for which an
installment has been uaid from the lien created bv this uaracrauh 17. Upon
verification from the City Finance Department that the instalhnent(s) has been paid
the Mayor and Citv Manager are herebv authorized to execute such instnimentfs)
without further action by the City Council.
18. WETLANDPLAN:
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 P lan. The approved W etland Plan shall b e c onsistent with the materials 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 1 1.51 , Subd.9, the wetland and lor 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.
ELandscaping of the wetland andor 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 wetland consultant, as determined by the City Manager and/or
designee, for preparation olan Annual Wetland and Wetland Buffer Strip Evaluation
Report (Annual Buffer Report) that evaluates the condition of the wetland(s) and
wetland buffer strip@). The Annual Buffer Report shall provide both an action plan
and proposed cost for correction of all problems identified within the wetland@)
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