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City Council - 10/05/2004
AGENDA EDEN PRAIRIE CITY COUNCIL WORKSHOP/FORUM TUESDAY, OCTOBER 5, 2004 CITY CENTER 5:00—6:25 PM,HERITAGE ROOM II 6:30—7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher, Ron Case,Jan Mosman, and Philip Young CITY STAFF: City Manager Scott Neal, Police Chief Dan Carlson, Fire Chief George Esbensen,Public Works Director Eugene Dietz,Parks and Recreation Director Bob Lambert, Community Development Director Janet Jeremiah, Communications Manager Pat Brink, Assistant to the City Manager Michael Barone, City Attorney Ric Rosow, and Recorder Lorene McWaters Heritage Room II I. MARY HILL SMITH—METROPOLITAN COUNCIL Council Chamber II. OPEN FORUM A. JODY RUSSELL—VOTER REGISTRATION B. JOE BERG—STOP SIGNS AT HAMES & EVENER WAY C. OFF-LEASH DOG AREA PROPONENTS III. OPEN PODIUM IV. ADJOURNMENT Mary Hill Smith Metropolitan Council Member District 3 Metropolitan Council Member Mary Hill Smith has served on the Metropolitan Council since 1993, when she was first appointed by Governor Arne Carlson. She was reappointed by Governor Jesse Ventura in 1999, and again by Governor Tim Pawlenty in March 2003. She represents District 3,which includes Eden Prairie, Hopkins, Long Lake, Minnetonka, Orono, Wayzata, and several other Lake Minnetonka communities. Hill Smith chairs the Council's Transportation Committee and also serves on the Management Committee. She is the Council's liaison to the Metropolitan Airports Commission, and serves on the Hiawatha Corridor Management Committee. "The biggest issue facing the region today is how to accommodate the projected growth while preserving the quality of life we value, and at the same time addressing the issue of traffic congestion,"said Hill Smith. "At the Council we are working with communities to reach the goals we're setting in the Development Framework." Hill Smith is very active in civic and community affairs. She currently serves on the Metropolitan State University Foundation Board. She is also a member of the University of Minnesota's Center for Transportation Studies executive committee and is chair of the governance committee. She was chair of the Wayzata School Board for many years, and has also served on the boards of the Guthrie Theatre, the YWCA,the Minnesota Women's Campaign Fund, the Minnesota Transportation Alliance Suburban Board, the Hennepin County Library Foundation, and several other boards. The Women in Transportation Seminar named Hill Smith its Woman of the Year in 2001. The Center for Transportation Studies bestowed its Distinguished Public Service Award on Hill Smith in 2002. Hill Smith lives with her husband,Andrew, in Orono. They have three grown children and one grandchild. Mary enjoys time with family,travel, her flower garden, and needlework—including pillows, plaques, purses,footstools and paperweights. To contact Hill Smith, you may call 952-479-1388, or e-mail: mary.smith(a�metc.state.mn.us Metropolitan Council District 3 i •, 1� A --- - ,.4• :w •4T :s `'_ ' `s •- •S _::Y ' Independence I i _ `T La}e '+ , i -'C'- ,.: - rkk ..,_ , —, : ' _ - \�-- --1.: -- ---:= 1nilteiQ. '` ,.0: •-=i.- _ -.. ,- x Mlnnetnnsia._ - 1 '-i:r Yr. . 1:11 t is %•_; .17-; • - ' Woodkindjj'. ' .L=_ i-. s.`-- TI71 ' ' •-:1V11RY1Ct i'Q '4ii::Tj i- '..', 4: - .1`i -'' _-_ •1 ': , 4`'�-_ g . _;�- - _Beach: - -°%�:;-.�.:t;^. •.. - _ 'r= �'==i •'� .. -pay--X%� ;__; ,.. _ - _ Ton i 1 rL�, ut :: i. .rr I- 1 - .Bay: . , ,J'-1:' :_- _.•_.'7_- -<:-;:ri; -1,. _ 1': 1 _ •'r ::. 1 j. _;�::`Gt 1i,-;„ r-i- - r�ar�►':- •;%. .; I�;S - :.t'. : r s .' .i * i = `j' .714 :., 1�1- `11!- r -41$17 '' - -. 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Franzen, City Planner 1111111.111 Date: October 5, 2004 Eden Prairie Subject: 2030 Regional Development Framework Background On January 14,2004,the Metropolitan Council adopted the 2030 Regional Development framework. This framework is in response to regional growth projections for 966,000 people, 471,000 new households, and 563,000 jobs will be added to the region in the next three decades, based on the 2000 Census. This represents 75,000 more households than communities have planned for in their most recent comprehensive plans. Primary Focus The document identifies the rising cost of housing, increasing highway congestion, and the continuing loss of farmland and natural resources as the primary areas guiding 2030 Regional Development Framework. The document emphasizes development and redevelopment along transportation corridors. New Direction To meet these challenges,the Metropolitan Council has developed a new direction for 2030 Regional Development Framework based on the following strategies: • More attention to the pattern and arrangement of land uses. While "how much" development is occurring in the growing communities remain important, "how" development occurs will be of greater significance. • Transportation used to shape land use patterns. The focus will be to intensify development along transportation corridors. • Greater emphasis on reinvestment in older areas. Approximately one-third of new households over the next three decades are forecast to occur in the"Reinvestment Area". • Development of a metro-wide natural resources inventory and assessment to foster development that is more sensitive to the environment. The Metropolitan 1 Council has inventoried the regions natural resources. This will help communities plan development that respects natural resource areas and incorporates greenway corridors. • More emphasis on increasing housing production that better reflects market demand,shifting demographics, employment locations, and a diversity of incomes. The market demand for single-family housing is expected to decline in the next 30 years. A mix of affordable units incorporated into market rate developments can expand housing opportunities for lower-income families and households. • Greater support for expanded protection of farmland and natural resource areas. Strengthening the Regional Park and Open Space system,using existing preservation programs, and purchasing development rights,such as conservation easements and agricultural preservation easements,are necessary to preserve much of the remaining open rural areas. • More flexibility in the location of new development in growing communities. Urban edge cities with portions of their jurisdiction inside as well as outside the MUSA will have flexibility to decide where development occurs within its areas planned for urbanization. Cities are encouraged to make land available to accommodate the region's land development needs to 2030. • Increased support for rural towns that want to grow. The support for growth within"Rural Growth Centers"will absorb much of the development that would otherwise occur in the countryside. Regional wastewater services will be offered to some Rural Growth Centers that qualify. Geographic Policy Areas The seven county metropolitan area is divided into six geographic policy areas to define how the Metropolitan Council will direct its policies. • Reinvestment Area-Minneapolis, St. Paul, and the first and second ring suburbs, generally. Approximately one-third of the regional growth is forecast to occur in these cities. 1. Invest in high density housing and mixed use development along transportation corridors. 2. Reinvest and support infill and redevelopment to maintain and strengthen existing infrastructure(roads,transit,wastewater treatment,parks and open space, and airports). 3. Reclaim contaminated lands for development. 4. Restore natural resources. • Developing Area- Cities wholly or partially within the current MUSA. (Eden Prairie) 2 Approximately two-thirds of the regional growth is forecast to occur in these cities. 1. Invest in regional infrastructure(roads,transit,wastewater treatment,and parks and open space)to support staged development and to expand locational choices for new development while meeting regional growth forecasts. 2. Advocate for community plans that establish long-term urban reserves to accommodate growth forecast beyond 2030. 3. Invest in high density housing and mixed use development along transportation corridors. 4. Develop regional infrastructure in a way that conserves natural resources and avoids or protects sensitive natural resource areas. • Rural Growth Centers - Small towns within the Diversified Rural Area and Agricultural Preservation Area that include neighborhoods surrounded by a commercial center. 5%to 8%of the regional growth attributed to the rural areas is forecast to occur in these towns. 1. Advocate for and evaluate community plans that establish long-term urban reserve areas to accommodate growth forecast beyond 2030 and reflect 2030 Regional Development Framework goals. 2. Invest regional resources in,and encourage communities to look for,opportunities for medium density mixed-income housing and mixed-use development in centers along transportation corridors. 3. Support for regional investments in wastewater treatment for some rural growth centers,particularly along major regional transportation corridors. • Rural Residential Area-Places developed at near urban densities,but served by rural infrastructure with no plans to provide urban services. Development should occur based on Metropolitan Council policies and limited within the community's boundaries. 1. Advocate for sufficient public services and infrastructure(interconnected streets, adequate water supply, and individual sewage treatment systems)to meet the needs of planned growth consistent with regional objectives. • Diversified Rural Area - Sparsely developed parts of the region containing the greatest amount of regional natural-resource areas. Only limited growth is forecast for this area. 1. Develop regional infrastructure(roads,parks and open space, and airports)in a way that conserves natural resources and avoids or protects sensitive natural resource areas. • Agricultural Preservation Area-Large contiguous land areas planned and zoned for long-term agriculture land use. Only farm-related development should occur in 3 these areas. 1. Invest in incentives, assistance and purchase of agricultural preservation easements to maintain farmland in agricultural use. 2. Work to strengthen existing Metropolitan Agricultural Preserves Program by adding an option for a longer enrollment term in exchange for a higher conservation credit. 3. Direct wastewater system investments away from the Permanent Agricultural Area. Implementation The Metropolitan Council will seek new tools and resources to achieve the 2030 Regional Development Framework goals. This approach includes: • A regional investment framework that estimates funding levels to support the regional system. The Council will use its authority and provide incentives to local governments. • A regional planning framework of Council policy plans and the comprehensive planning process. • Partnerships with other governmental units and the private sector. • Measures to assess progress of efforts in line with the directions outlined in the 2030 Regional Development Framework. The 2030 Regional Development Framework will use indicators to measure its success at the local community level. Performance based standards will be used to measure the outcomes of implementation, such as reaching a density goal. Benchmarks will be used to determine if activities are contributing to an outcome, such as a zoning ordinance to require higher densities. It is unclear how the Metropolitan Council will mandate these measures at the local level. There is $8.2 billion currently planned over the next 10 years for regional investments. An additional $7.5 billion will be necessary to implement 2030 Regional Development Framework. Funding for Regional incentives will require an additional$1 billion over the next 10 years. Not all components of the implementation strategy are in place. Investments and incentives needed to implement the 2030 Regional Development Framework are proposed to occur over time. Unless funding is obtained from the Legislature,this significant shortfall may jeopardize the plan with no alternatives identified. 4 How 2030 Regional Development Framework Will Affect Eden Prairie? There are four primary policies that Eden Prairie. These are: Policy 1. Work with communities to accommodate growth in a flexible, connected and efficient manner. Community Role • Plan and stage development that accommodates the forecasts for local growth through 2030 at appropriate densities (3-5 units plus per acre overall in developing communities for areas outside the current staged development as shown in local plans and target higher density in locations with convenient access to transportation corridors and with adequate sewer capacity). (City residential density is 3.3 units per acre. Hennepin Village 750 units at 7.0 du/acre, 1,400 apartments on regional corridors at 30 du/acre.Adopting the Golden Triangle Study could add 3,000 housing units) • Stage local infrastructure and development plans to accommodate 20 years worth of forecasted growth. (done 2002 update) • Select and implement local controls and tools for timing and staging of development throughout the community. (done 2002 update) • Reduce infiltration and inflow into the local and regional wastewater treatment system. • Adopt ordinances to accommodate growth and use land and infrastructure efficiently (examples: innovative zoning techniques for mixed use development,transit oriented development, overlay districts,planned unit development provisions, adequate public facilities ordinances, community impact statements and traditional neighborhood development overlay zones.) (use PUD ordinance for last 30 years) • Plan for the conversion or reuse of declining or underutilized lands in order to accommodate growth forecasts, ensure efficient utilization of infrastructure investments and meet community needs. (Golden Triangle Plan 2004) • Plan for the entire community and consider the need for additional serviceable land for growth beyond 2030. (Fully developed by 2020) • Identify areas reserved for future urban development and develop strategies to minimize development in those areas that could preclude future urban development. (done 2002 update) 5 • Plan land use patterns that will facilitate groundwater recharge to protect the region's water supply. (done 2002 update and Local Water Management Plan) • Plan for necessary infrastructure improvements including, as appropriate, executing orderly annexation agreements. (na) Policy 2: Plan and invest in multi-modal transportation choices based on the full range of costs and benefits, to slow the growth of congestion and serve the region's economic needs. Community Role • Make local transportation,transit,pedestrian and bicycle investments to build connections between workplaces,residences, retail, services and entertainment activities and to support the transportation needs of the planned build out of the community. (Southwest Metro, 100 miles sidewalks, 100 miles trails) • Identify opportunities to improve transportation connections and address transportation issues such as commuting (park and rides, express bus service), access management, safety and mobility when planning new development. (Use Walkable Communities Guidelines for new developments) • Coordinate development planning with the county to ensure highway capacity is available when and where needed. (Pioneer Trail next phase) • Plan land use patterns to support transit development and service expansion. (Southwest Station, Hartford Commons,Water Tower, Summit Place) • Adopt ordinances to support integrated land use (examples: ordinances encouraging or allowing shared parking; centers;transit oriented developments).(Current PUD ordinance allows) Policy 3: Encourage expanded choices in housing location and types, and improved access to jobs and opportunities. Community Role • Evaluate proposed housing developments in light of population forecasts,existing housing stock, and current and future community and regional needs; approve and permit developments as appropriate. (recent housing projects consistent with 2002 6 update,high density housing near transit and regional corridors such as Southwest Station,Hartford Commons,Water Tower, Summit Place) • Adopt ordinances designed to encourage lifecycle and affordable housing (examples: increased multi-family zoning,reduced front and interior setback requirements; cluster development ordinances). (current PUD ordinance permits this) Policy 4: Work with local and regional partners to conserve, protect and enhance the region's vital natural resources. Community Role • Complete local natural resource inventories as they deem appropriate. Give strong consideration to integrating natural resources, including aggregate, identified in regional and local natural resources inventories into local land use decision-making. (No large significant areas available for aggregate) • Adopt and enforce erosion control ordinances and other environmental preservation and conservation techniques and ordinances. (have adopted ordinances for Steep Slopes,Land Alteration, Tree preservation,Floodplain,and Wetland) • Prepare and implement local stormwater management plans consistent with Minnesota Rules Chapter 8410 and the MLPA.(done) • Include as a part of local park systems natural resources that are identified as high quality or of local and regional importance. (2002 update) • Implement surface water management practices geared to protecting and maintaining the quality of local water resources. 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Office/Public/Open Space Creeks DATE Approved 03-19-03 DATE Revised 00-27-04 Industrial Flying Cloud Airport 0 2,640 Guide Plan Resolutions not on map 2003-37 thiliams Place Neighborhood Commercial 2003-53 Hennepin Wage 2nd Addition 6.0 2003-63 Lorence 3rd Addition Community Commercial Feet , • ,,.....;J., Em ati:iv, tS t.m, -, 7i. - 1gs-7-TAM 9 - 111 • ot,':,11,.. A t mi -------:2----iii---74i a...r .,. Is ERSZWII111111125r. --44111` k--7......Tlitt tlit-at-#.A — i.e. Iti 1 --=i"40744.1iii yAiwrill ,.... =,,__AV.'' .,....•.,•.,:e. . 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ND USE WITHIN 1 / 2 MILE 1---,Low Density ResidentDI 0-2.5 Units/Acre r-i Medium Density residential 1540 Units/Acre OF REGIONAL CORRIDORS =Medium Density ReidennallOfficefinduseial Mil KO Density Reaklential 10-40 UnftrJAcre << IM Indusnial/High Density Residential =mr., 3E3 Office/Industrial INN Industial EDNeighbutheed Commelcial gmCommunity Coternmial [MI Regional Commercial IMI ParklOpon Space (01 =PubticKlues.1-Publu -Church/Cemetery =I 0 900 1.1300 3.600 MP.' feet I-1 Cpentliftr Rinht-ORVey City of Eden Praire = Gene Dietz From: Randy Newton Sent: Friday,July 23, 2004 1:14 PM To: 'JBERG@ci.bloomington.mn.us' Cc: Gene Dietz Subject: RE: Evener Way Survey Mr. Berg, Within the next week or two I will be sending a short mailing to the neighborhood with the results of the survey and our final decision regarding the turn restriction. The results of the survey did indicate strong support for the right turn restriction and at this point I expect that we will move forward with implementing the restriction. As for the stop signs, this is not an option that the City will pursue. We have a policy of not installing unwarranted all-way stop signs and based on my previous review of the neighborhood none of the intersections meet the specified warrants. One of our primary concerns with installing unwarranted all-way stops is that the compliance rate is likely to be low. We have also received negative feedback from residents regarding the increased noise from vehicles stopping and starting. In addition, we do not use stop signs as a speed control measure. Although stop signs may slow down drivers in the immediate vicinity of the sign, studies have shown that there is little to no change in speed between stop signs. In fact, in some cases speeds actually increased. As you indicated early this year a traffic review of Evener Way was completed. For your information, I will forward you a copy of the letter in which the review is documented. Randy Newton, PE, PTOE Traffic Engineer City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 952 949-8339 rnewton@edenprairie.org Original Message From: Joseph Berg [mailto:JBERG@ci.bloomington.mn.us] Sent: Thursday, July 22, 2004 12:34 PM To: Gene Dietz Subject: Evenor Way Survey Mr. Dietz: My family and I live at 7370 Hames Way. A while ago, a survey was mailed to our house asking for our input as to whether we would support a limited access/ right-turn lane from Northbound Dell Road to Eastbound Evenor Way. Any results yet? I also added a comment that while this would be a short-term solution to a bigger problem, it would be helpful to slow down the speeding problem by adding 3-way stop signs at the following intersections: 1. Hames and Lorence Way 2. Atherton and Evenor 3. Eileen and Evenor I realize that there have been traffic studies conducted in the area and I hope they showed an excessive speeding problem. My wife and I see it ALL the time. I know that when the traffic study was conducted (there were black hoses that are placed across the road with a metal box attached on one end) , drivers intentionally slowed down. A high-school age driver said to me after he came close to hitting me because he was 1 driving too fast said "I don't want more stop signs because it slows me down" When I told him the City is monitoring traffic on Hames, his reply was "when I see these black hoses, I slow down so the City thinks I am driving at the speed limit. . . then I speed up until the next set of hoses". Any information as to what is going on would be helpful. Thank you for your time. Joe Berg 7370 Hames Way 2 Randy Newton From: Randy Newton Sent: Friday,July 30, 2004 3:10 PM To: 'Joseph Berg' Subject: RE: Evener Way Survey Mr. Berg, The following is a summary of the information you requested: 1. The stop signs are unwarranted based on the criteria outlined for stop sign installation in the Minnesota Manual of Uniform Traffic Control Devices. This manual is the Minnesota edition of the federal manual and is the standard for traffic control devices on public roadways in Minnesota. 2. References to stop signs not being effective at reducing mid-block speeds are made in a number of publications including "Traffic Calming: State of the Practice" (Institute of Transportation Engineers, August 1999) and "Neighborhood Traffic Control" (North Central Section Institute of Transportation Engineers, January 1994) . In addition, I have seen various studies including some conducted locally by the City of Brooklyn Park. 3. References to low compliance rates at unwarranted stop signs are made in a number of publications including "Traffic Calming: State of the Practice" and "Neighborhood Traffic Control". In addition, I have seen various studies including some conducted locally by the City of Brooklyn Park and the City of Maple Grove. 4. After receiving your initial email I sent you a copy of a letter that documents the traffic review completed for Evener Way. Please let me know if you have not received this information. Randy Newton, PE, PTOE Traffic Engineer City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 952 949-8339 rnewton@edenprairie.org Original Message From: Joseph Berg [mailto:JBERG@ci.bloomington.mn.us] Sent: Friday, July 23, 2004 3:57 PM To: Randy Newton Subject: RE: Evener Way Survey Mr. Newton: I guess I would like to know what "studies" you are referencing. While you may be a PE, you did not mention what "studies" you were basing your decision on. I would like to know. As for the stop signs, I know they are "warranted". The City ma be "afraid" to install them and would rather some "reckless driver" hit a child BEFORE taking appropriate action. I would like to see your "previous review" of the neighborhood. I see you have failed to provide details on that too. Safety by stopping on a residential street far out weights the inconvenience of noise from cars stopping and starting. As far as speed control. .well stop signs are better than nothing. The police certainly can't do it with their limited budget. A stop sign is far less expensive. And once again, you failed to provide facts regarding the studies" you base your opinion on with stop signs and speed. I am not trying to be a "jerk" but you haven't convinced this Tax Payer/Resident/Concerned Citizen that your "way" is the "best" way. 1 Randy Newton From: Randy Newton Sent: Friday, July 30,2004 4:26 PM • To: 'Joseph Berg' Subject: RE: Evener Way Survey It looks like the work on Hames Way is for a utility connection and should only last for a day or two. We are going to try to meet with the contractor on Monday to assure that the access restriction is minimized to the greatest extent possible. I think both publications I referred to are available through the Institute of Transportation Engineer's bookstore. This can be accessed at www.ite.org. Randy Newton, PE, PTOE Traffic Engineer City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 952 949-8339 rnewton@edenprairie.org Original Message From: Joseph Berg [mailto:JBERG@ci.bloomington.mn.us] Sent: Friday, July 30, 2004 3:22 PM To: Randy Newton Subject: RE: Evener Way Survey Mr. Newton: Thank you for the information I had requested. I pressume this information is available in most public libraries. If not, I will let you know which one I am unable to locate. I may have missed this, but did the City annouce the upcoming road closing of Hames Way at the intersection of Valley View Road on August 4? How long will that part of the road be closed? I will admit, it will be nice to have that intersection closed (slow to no traffic) . . .even if it is for a short time. Joe Berg 1 Page 1 of 2 4 x • Randy Newton From: Gene Dietz Sent: Wednesday,August 04, 2004 2:56 PM To: 'Joseph Berg' Cc: Randy Newton Subject: RE: My Email regarding traffic on Evenor Way Mr. Berg, I was on vacation last week and just beginning to catch up. Randy Newton has shown me copies of the additional correspondence between you and him. I hope that the additional information provides you with some background and basis for his answer to your request. As you might imagine, we receive numerous requests for stop signs every year. Frankly, the only practical way to manage the requests is to rely heavily on the standards that are established at both the federal and state level--ones that have had a thoughtful and unbiased examination of what works and what doesn't and when to apply particular traffic control devices. We very much need to be able to give consistent answers to our customers in similar circumstances. If the decision to place stop signs was by request only, I can assure you that there would be numerous unwarranted stop signs throughout the community, compliance would be dismal and enforcement would be impossible. Since you are an employee, you may know the individuals responsible for traffic engineering in Bloomington. You may wish to show them the correspondence and ask for their comment. I trust the basic response will be similar. Eugene A. Dietz, P.E. Director of Public Works City of Eden Prairie Eden Prairie, Mn 55344 8080 Mitchell Road 952-949-8310 Phone 952-949-8326 Fax gdietz@edenprairie.org Original Message From: Joseph Berg [mailto:JBERG@ci.bloomington.mn.us] Sent: Friday, July 23, 2004 4:22 PM To: Gene Dietz Subject: My Email regarding traffic on Evenor Way Gene: Thank you for forwarding my message on to Randy. However, his response was "less than helpful". While Randy explained that it appears that the turn restriction lane would proceed, in typical P.E. fashion, he failed to provide facts as to why my stop sign suggestions wouldn't work. While he may be a great Profession Engineer, someone may need to sit him down and explain to him how important it is NOT to talk (or in my case write) down to people; especially to the tax 8/4/2004 R Page2of2 payer/resident/concerned citizen (Ihate using those terms but keep in mind, you guy's work for ME and 55,000 others) . I wasn't completely offended by his reply but I was "irked" with the tone of his message. Until you or Randy can provide me with hard, cold facts that the stop signs will not work, I will continue to pursue the issue. And if not stop signs, then speed bumps. Doesn't the City have a "Traffic Calming Policy"? Maybe I am too passionate about this because I have seen too many traffic accidents due to excessive speeding. . .as a firefighter. But I do care, regardless of my position as a firefighter. I may be the only concerned about this problem but that's no reason to ignore it. I trust that you do care. What other suggestions can you offer? Again, thank you for your time and assistance. Joe Berg 8/4/2004 Gene Dietz From: Scott Neal Sent: Tuesday, September 14, 2004 9:38 AM To: 'Joseph Berg' Subject: RE: Can you help? Mr. Berg; I will discuss your requests with our traffic engineering staff. There is a set of criteria that must be satisfied for the placement of a stop sign. In the traffic engineering business these criteria are referred to as "warrants". So if request does not meet a sufficient number of warrants it is referred to as "unwarranted". I am sure that's what Mr. Dietz was referring to in his communication with you. While it is true that neither Mr. Dietz nor Mr. Newton live in your neighborhood, it is not necessary for them to live in your neighborhood to objectively evaluate the warrants of your request. I will raise your question with them and ask one of them to respond to you directly. As for Councilmember Case and Councilmember Butcher, I can only tell you that we have made some recent changes in the way that they receive e-mail pertaining to City issues. It is quite possible that they did not receive your e-mail or that they have not yet received it. Sorry for the inconvenience. Original Message From: Joseph Berg [mailto:JBERG@ci.bloomington.mn.us] Sent: Monday, September 13, 2004 4:33 PM To: Scott Neal Subject: Can you help? Mr. Neal: I would like the City to consider adding a 3-Way Stop sign at the intersections of: Names Way and Lorence Way Evener Way and Atherton Evener Way and Eileen (or some combination there of) . The speed of the vehicles traveling on Hames Way and Evener Way has increased and is a safety issue for those who cross these streets when out for walks, bike rides, etc. In my contact with Mr. Deitz and Mr. Newton inform me that adding any stop signs to any road is "unwarranted" and "actually increase traffic speeds". This is puzzling since neither one of them live in these neighborhoods and have no clue about the speeding that occurs. I have asked (via e-mail) for the help of Council members Butcher (8/5/04) and Case (8/31/04) . As of today, neither one has given me the courtesy of a response or acknowledgment. I guess as a tax payer and a voter in Eden Prairie, I should expect this? I realize I am taking a "jab" at these two but I think the common courtesy of a reply or acknowledgment isn't that hard to do. Is there someone else I should bring forward my concerns? is it you? the Police Chief? You assistance is greatly appreciated. Sincerely, Joe Berg 1 AGENDA EDEN PRAIRIE CITY COUNCIL TUESDAY, OCTOBER 5,2004 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher, Ron Case,Jan Mosman, and Philip Young CITY STAFF: City Manager Scott Neal,Parks &Recreation Director Bob Lambert,Public Works Director Eugene Dietz, City Planner Michael Franzen, Community Development Director Janet Jeremiah, City Attorney Ric Rosow and Council Recorder Theresa Brundage I. ROLL CALL/CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS V. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, SEPTEMBER 21,2004 B. CITY COUNCIL MEETING HELD TUESDAY, SEPTEMBER 21,2004 VI. CONSENT CALENDAR A. HILLTOP TOWN OFFICE by Arima, L.L.C. 2nd Reading for Planned Unit Development District Review with waivers on 6.89 acres, Zoning District Amendment within the Office Zoning District on 6.89 acres, and Site Plan Review on 6.89 acres. Location: 7480 Flying Cloud Drive. (Ordinance for Zoning District Amendment, Resolution for Site Plan Review) B. ADOPT RESOLUTION APPROVING FINAL PLAT OF PIONEER POINT TOWNHOMES 4TH ADDITION C. BLUFF COUNTRY VILLAGE by Hustad Investments. Extension to the Developer's Agreement and Site Plan Approval (Resolution Granting Extension to the Developer's Agreement and Site Plan Approval) D. ADOPT RESOLUTION AWARDING CONTRACT FOR HIDDEN PONDS TRAIL AND POND IMPROVEMENTS TO DMJ CORPORATION,I.C. 03- 5606 CITY COUNCIL AGENDA October 5,2004 Page 2 E. AUTHORIZE ISSUANCE OF GRADING PERMIT TO THOMAS AND DAISY HAUNG FOR PLACEMENT OF FILL AT 6891 BEACH ROAD F. ADOPT RESOLUTION APPOINTING ELECTION JUDGES/STUDENT ELECTION JUDGES FOR NOVEMBER 2 GENERAL ELECTION G. APPROVE AMENDMENT TO EDEN PRAIRE FIREFIGHTERS RELIEF ASSOCIATION BYLAWS H. APPROVE AMENDED LEAD AGENCY AGREEMENT FOR THE ECONOMIC DEVELOPMENT ADMINISTRATION GRANT I. APPROVE AGREEMENT WITH HENNEPIN COUNTY TO COMPLETE PHASE II OF THE BIG FOOT CD-ROM,I.C. 02-5578 J. ADOPT RESOLUTION AUTHORIZING DISPOSAL OF ONE PARCEL OF TAX FORFEITED LAND VII. PUBLIC HEARINGS/MEETINGS A. PRAIRIE PINES by Epic Development.Request for Planned Unit Development Concept Review on 5.09 acres,Planned Unit Development District Review with waivers on 5.09 acres,Zoning District Change from Rural to R1-13.5 on 5.09 acres, Preliminary Plat of 5.09 acres into 8 lots. Location: 9576 Crestwood Terrace. (Resolution for PUD Concept Review,Resolution for Preliminary Plat) VIII. PAYMENT OF CLAIMS X. PETITIONS,REQUESTS AND COMMUNICATIONS XI. REPORTS OF ADVISORY BOARDS& COMMISSIONS XII. APPOINTMENTS XIII. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR CITY COUNCIL AGENDA October 5,2004 Page 3 F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XIV. OTHER BUSINESS XV. ADJOURNMENT ITEM NO.: V. A. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL WORKSHOP/FORUM TUESDAY, SEPTEMBER 21, 2004 CITY CENTER 5:00—6:25 PM,HERITAGE ROOM II 6:30—7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher, Ron Case, Jan Mosman, and Philip Young CITY STAFF: City Manager Scott Neal, Police Chief Dan Carlson,Fire Chief George Esbensen, Public Works Director Eugene Dietz, Parks and Recreation Director Bob Lambert, Community Development Director Janet Jeremiah, Communications Manager Pat Brink,Assistant to the City Manager Michael Barone, City Attorney Ric Rosow, and Recorder Lorene McWaters Heritage Room II I. REFERENDUM FOLLOW-UP SURVEY RESULTS Dave Bender and John Schamber of Marketline Research presented results of the referendum follow-up survey. The survey was conducted to: • Determine what factors influenced defeat of the referendum • Identify citizen support of possible future referendum and which items would have the likeliest support • Help identify differences in needs, attitudes and perceptions of those who voted for or against the referendum Key findings included the following: • Bundling of projects worked against the success of the referendum • Levy success was hurt most by inclusion of the outdoor family aquatic center • Voter positions were strongly correlated to: — Frequency of park and recreation system use — View of whether the City has adequate park, trail and recreation facilities — Having to vote for more than one referendum in a year — Extent school referendum affected vote on park levy — Voting for a referendum that results in a property tax increase Two distinct voter blocks with very different attitudes were identified. One block of voters ("accommodating voters")weighs initiatives on their collective merits. Another block of voters ("resistive voters") weighs initiatives mainly on a set of attitudes toward specific issues that outweigh their opinions on other elements within the package. Council Workshop—September 21,2004 Page 2 Sixty-nine percent of respondents indicated they believe the City should attempt another Park Bond Referendum in the next two years. Marketline's analysis indicates that while most voters are receptive to a future park levy,the outcome of any referendum will be influenced by timing,economic conditions, and structure of the package. Mayor Tyra-Lukens noted that the issue of whether or not to bundle items on the Spring referendum was heavily discussed before a final decision was made. She asked the consultants if they believed a future referendum would be successful if the aquatic center element were removed. Schamber said it would"more than likely"pass,but it would depend on the environment. Bender said taking the aquatic center off would definitely improve the chances for a successful referendum. He noted that the third sheet of ice and proposed child care center were also unpopular with voters. He said any successful referendum will depend on the combination of items offered and the total cost. Councilmember Mosman asked if there is more staff and Council can legally do to convey that the value per household is very good. Lambert said the City has to be very careful about what they say.They cannot"push"the issue. Mayor Tyra-Lukens suggested focusing more on the monthly cost per household than the total cost of the projects. Lambert said the monthly cost angle was a main focus of all of the City's communications for this referendum. Councilmember Butcher said she is pleased to see how closely the results of this survey correlate to the survey that was conducted before the City decided to hold the referendum. She said this lends additional credibility to the surveys and helps inform the Council. Councilmember Case noted that he has probably spoken informally to at least 50 residents who voted on the referendum, and the survey results confirm what he has already heard anecdotally. Lambert said one of the most important pieces of information gleaned from this survey is that three-quarters of voters would support a future referendum if it is presented differently. He said that although many users of the Community Center indicate they wish it were more like the Chaska Community Center,it is important to note that(unlike Chaska)Eden Prairie has several private health clubs. He said the public may not feel the City should be trying to provide what is already available through the private sector. Lambert said that Edina's zero depth wading pool for toddlers is responsible for a large percent of their profits.Likewise,the indoor play center at Edinborough generated enough revenues to pay for itself far earlier than expected. Lambert suggested that Eden Prairie consider using revenue bonds and doing projects in a phased approach. Mayor Tyra-Lukens asked how Lambert plans to proceed. Lambert said all of these issues will be discussed by the Parks and Recreation Commission. He noted that any referendum the City holds will have to tie in with School District plans. It will be most important to stress to the School District that if they indicate they will not hold a referendum during a certain time frame,they must not then come back with a different plan. Council Workshop—September 21,2004 Page 3 Councilmember Case asked that staff and Parks and Recreation Commission keep Council up to date on any discussions or proposals. He said he would like Council to be aware of ideas before they appear in the media. Council Chamber II. OPEN FORUM A. PCRA MESSAGE BOARD POLICY Boy Scouts Austin Massey and Robby Thames spoke on behalf of Troop 597. They said in late August they requested their troop's annual spaghetti dinner be advertised on the City's reader board at Purgatory Creek Recreation Area. They were told this was policy,but were later informed the policy changed on September 1 and that only service groups from which the City directly benefits would be allowed to use the sign. They said the do believe the Boy Scouts serve the City in many different ways, including through various Eagle Scout projects. They said that even if they were not to be allowed to use the sign,they would have appreciated some advance notice. They assumed since the Girl Scouts were allowed to use the sign in August,they would be allowed to use it for their event. They thanked the Council for the opportunity to present their concern. Mayor Tyra-Lukens thanked the troop for a very thorough presentation. She said she and other members of the Council were not aware the City's policy for reader boards had changed, and that the matter should probably be referred to staff. City Manager Scott Neal said that when the City installed the new reader board at Purgatory Creek,the intent was to communicate information from the City and Schools to the public. Since this new reader board is ideally located at an intersection and is of very high quality, the City began to receive many more requests from outside groups to post information. He noted there is an optimal number of messages that can be run to effectively communicate information. If there are too many messages running,the information becomes diluted. He said the new policy addresses the original intent of the sign. Communications Manager Pat Brink noted that although he is relatively new to his position with the City,he has seen a marked increase in requests to use this reader board. He said when the new policy was formulated,the intent was to be fair and consistent. He initially thought groups like Rotary, Lions,etc., that co- sponsor events with the City should be the main groups to use the sign in addition to City and School users. He said he does not see how the Boy Scout spaghetti dinner directly fits into those parameters. He said his main concern is where do you draw the line? He reiterated he is trying to enforce a policy that attempts to be fair to everyone. Council Workshop—September 21,2004 Page 4 Councilmember Mosman said the spaghetti dinner is this troop's one and only fund raiser and they have depended on this type of advertising in the past. Brink noted that this particular reader board is brand new. Mosman said another source of advertising,through school distribution of flyers,has been cut off this year as well. She said she feels it is important to find ways to look at how the City can help community groups advertise events. She suggested delaying implementation of the policy so the Boy Scouts could use the reader board for this year's event. Mayor Tyra-Lukens agreed, and suggested the policy not be changed until January 1. She also requested that this discussion be continued during the Council Meeting. Councilmember Case said he would not be able to attend the Council Meeting because of a conflicting meeting at Oak Point, but he wanted to say he strongly believes that government property purchased with tax payer funds should be open to groups like the Boy Scouts. He said it doesn't really matter if this means one car misses seeing a message. III. OPEN PODIUM No one requested to speak at Open Podium. IV. ADJOURNMENT UNAPPROVED MINUTES ITEM NO.:V.B. EDEN PRAIRIE CITY COUNCIL TUESDAY,SEPTEMBER 21,2004 7:00 PM,CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher,Ron Case, Jan Mosman,and Philip Young CITY STAFF: City Manager Scott Neal,Parks&Recreation Director Bob Lambert,Public Works Director Eugene Dietz, City Planner Michael Franzen, Community Development Director Janet Jeremiah, City Attorney Ric Rosow and Council Recorder Theresa Brundage I. ROLL CALL/CALL THE MEETING TO ORDER Mayor Tyra-Lukens called the meeting to order at 7:00 p.m. Councilmember Case was absent. II. PLEDGE OF ALLEGIANCE M. COUNCIL FORUM INVITATION IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Mosman added an item under Councilmember Reports regarding community group marketing of events specifically, but not limited to,the City's electronic billboards.Neal reported there is a new item added to the agenda to approve a short-term lease with AMC Cinema for disaster drill at Eden Prairie Center, and is marked item VI.G. MOTION:Butcher moved,seconded by Mosman,to approve the agenda as published and amended.Motion carried 4-0. V. MINUTES A. OPEN PODIUM HELD TUESDAY,SEPTEMBER 7,2004 MOTION: Young moved, seconded by Mosman,to approve the minutes of the Open Podium held Tuesday, September 7, 2004.Motion carried 4-0. B. CITY COUNCIL MEETING HELD TUESDAY,SEPTEMBER 7,2004 On page 11,under XIV.H.2., second paragraph,Rosow clarified that the first sentence should state"In a separate lawsuit between Berglund and Perkins,the judge in that suit issued a judgment in favor of Berglund and awarded judgment to Berglund,and Berglund waited to put in a driveway until that case was tried." MOTION: Butcher moved, seconded by Young,to approve as published an amended the minutes of the City Council meeting held Tuesday, September 7, 2004.Motion carried 4-0. CITY COUNCIL MEETING September 21,2004 Page 2 VI. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. ADOPT RESOLUTION NO. 2004-133 DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF SPECIAL ASSESSMENT HEARING ROLLS AND SETTING HEARING DATE C. ACCEPT PROPOSAL FOR COMMUNITY CENTER REMODELING PROJECTS FROM MCFARLAND CONSTRUCTION COMPANY D. ACCEPT PROPOSAL FROM ENVIRONMENTAL PROCESS INC. TO PERFORM BUILDING ASSESSMENTS OF 23 CITY BUILDINGS E. APPROVE AGREEMENT WITH HAMLINE UNIVERSITY CENTER FOR GLOBAL ENVIRONMENTAL EDUCATION TO DEVELOP CURRICULUM AND IMPLEMENT DISTRIBUTION OF BIG FOOT CD- ROM,I.C. 02-5578 F. PROCLAMATION FOR MINNESOTA WOMEN OF TODAY WEEK MOTION: Mosman moved, seconded by Young,to approve Items A-F of the Consent Calendar. Motion carried 4-0. VII. PUBLIC HEARINGS/MEETINGS A. VACATION OF RIGHT-OF-WAY AND EASEMENTS IN GRAY FOX BLUFF,VACATION 04-09 (Resolution No.2004-134) City Manager Scott Neal reported that official notice of this public hearing was published in the August 26, 2004,Eden Prairie Sun Current and sent to six property owners. He said the property owner has requested this vacation to enable replatting the property to Edenvale Highlands, approved by the Council on August 17, 2004. The requested vacation will remove underlying encumbrances consisting of right-of way for an Alpine Trail turnaround and conflicting roadway and drainage/utility easements. Replacement right-of-way and easements have been dedicated on the new plat. There were no public comments. MOTION: Mosman moved, seconded by Young,to close the Public Hearing and adopt the resolution vacating the right-of-way and easements as described over Lot 1,Block 1, Gray Fox Bluff.Motion carried 4-0. B. ASI JET CENTER HANGAR by ASI Jet Center. Request for Site Plan Review on 0.75 acres. Location: 14801 Pioneer Trail (Flying Cloud Airport). (Resolution No.2004-135 for Site Plan Review) CITY COUNCIL MEETING September 21,2004 Page 3 City Manager Scott Neal reported that official notice of this public hearing was published in the September 9,2004,Eden Prairie Sun Current and sent to three property owners. He said this project is for the construction of.a 32,760 sq. ft. hangar. At the August 23,2004 meeting the Community Planning Board voted 7- 0 to recommend approval of the project to the City Council. In September of 1996,the City Council adopted the Flying Cloud Airport Design Framework Manual, recognizing that aircraft hangars and other facilities at the airport serve a unique function and set of design characteristics. This manual establishes parameters regarding, among other things, building materials for new development at the airport and helps to guide new construction in a cohesive aesthetic manner. The proposed hangar is in conformance with the manual. Neal said the City and MAC have entered into a Memorandum of Understanding that includes among other things,the extension of municipal sewer and water service to the airport. MAC's Capital Improvement Program shows extension of utilities in 2005. The proposed hangar includes a fire sprinkler system and floor drains that will be ready for hook-up when these services are made available. Neal said the manual recognizes that there is little opportunity to provide landscaping within an area for aircraft operations, but does recommend that some landscaping be incorporated where space permits to help create visual interest. Other opportunities may include adding trees along the outer perimeter of the airport where previous landscaped trees installed by MAC have died. This should be coordinated with MAC prior to City Council review. Landscaping has been incorporated into the plans as recommended in the staff report. This project does not involve any significant issues to warrant the preparation of a Development Agreement. Jeremiah reported that she received a question with regard to how frequently the City looks at these types of site plan reviews for the airport. She said this is the fourth site plan review for a hangar replacement in the last 10 years, the last one in 1997. She said this does not expand the hangars into a new area—it is a replacement to an existing hangar area. Mosman asked if the recommendations for the landscaping had been dealt with. Jeremiah said they have been cooperating with the recommendations and it is expected that they will all be carried out and done prior to second reading. There were no public comments. MOTION: Young moved, seconded by Mosman,to close the Public Hearing and adopt the resolution for site plan review on 0.75 acres. Motion carried 4-0. C. BEST BUY by BBE Properties. Request for Planned Unit Development Concept Review on 5.39 acres, Planned Unit Development District Review with waivers on 5.39 acres, Zoning District Change from Office to Commercial Regional Service on 5.39 acres, Site Plan Review on 5.39 acres, and Preliminary Plat on 5.39 acres into one lot. Location: 7901 Flying Cloud Drive. (Resolution No. CITY COUNCIL MEETING September 21,2004 Page 4 2004-136 for PUD Concept Review,Ordinance for PUD District Review and Zoning Change,Resolution No.2004-137 for Preliminary Plat) City Manager Scott Neal reported that official notice of this public hearing was published in the September 9,2004,Eden Prairie Sun Current and sent to 16 property owners.He said this project involves a rezoning from office to Commercial Regional Service,demolition of an existing office building, and construction of a 45,000 square foot Best Buy store. This project was first reviewed at an informational meeting on August 9,2004 to discuss the merits of rezoning the property to regional commercial. The Community Planning Board was comfortable with the zoning change based on a set of development criteria to make the project consistent with recent commercial projects such as Fountain Place and Southwest Station. Neal said the project was reviewed at a public hearing on August 23,2004.The board directed the developer to revise the plans to reduce the amount of sign area on the building. At the September 13,2004 meeting the board voted 7-0 to recommend approval of the project with a sign waiver from 300 square feet to 497 square feet for the side facing Highway 212. Wall signs are smaller on some elevations in order to create the larger sign. This is a similar to a waiver granted to Target. Tyra-Lukens said emails received from tenants from that office building who were concerned about notification on when they needed to vacate. She asked if those tenants have come to understand that it is not a City issue.Neal explained that emails were received from tenants in the 7901 building expressing concern that they have not received regular and timely communication from Best Buy about their future status in that building.He said the tenants were asking the City to consider that fact as regulatory approvals were being granted for this project, but that would not be an appropriate consideration for the city to give the project. He said the tenant leases are a private matter between those two parties,and Best Buy would be encouraged to work with those tenants to provide information and assistance to fmd other locations. Tyra-Lukens asked what is the projected opening date for the store.A representative from the project stated it is August of 2005. There were no public comments. MOTION: Butcher moved, seconded by Young,to close the Public Hearing;and adopt the Resolution for Planned Unit Development Concept Review on 5.59 acres; and approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers,and Zoning District Change from Office to Commercial Regional Service on 5.59 acres;and adopt the Resolution for Preliminary Plat on 5.59 acres into one lot and road right of way;and direct Staff to prepare a Development Agreement incorporating Staff and Board recommendations and Council conditions;and approve and Authorize Issuance of CITY COUNCIL MEETING September 21,2004 Page 5 a Grading Permit and Footing and Foundation Permit for Best Buy subject to release by the City Engineer upon determination that the final contract documents conform to plans stamp dated September 21, 2004, as approved by the City Council. Motion carried 4-0. VIII. PAYMENT OF CLAIMS MOTION: Mosman moved, seconded by Young,to approve the Payment of Claims. The motion was approved on a roll call vote with Butcher,Mosman,Young and Tyra-Lukens voting"aye." IX. ORDINANCES AND RESOLUTIONS X. PETITIONS,REQUESTS AND COMMUNICATIONS XI. REPORTS OF ADVISORY BOARDS & COMMISSIONS XII. APPOINTMENTS A. STUDENT REPRESENTATIVES TO BOARDS AND COMMISSIONS Neal reported there were a total of 33 students who expressed an interest in serving on boards and commissions with just 12 opportunities.He said staff liaisons to City Commissions reviewed and discussed the applications and recommendations were then made based on the students' stated preferences and the quality of their application. Three students are being recommended for each Commission.Neal said he believes all 12 students have been notified of their appointments. MOTION: Mosman moved, seconded by Butcher,to appoint the following student representatives to boards and commissions: Cole Johnson,Apoorva Shah, and Roby Shrestha as Student Representatives to the Parks,Recreation and Natural Resources Commission to terms beginning October 2004 through May 2005; Jackie Beutell, Tara Degn, and Hojun Lee as Student Representatives to the Human Rights and Diversity Commission to terms beginning October 2004 through May 2005; Trevor Diddell,Katie Kunitz, and Benjamin Costello as Student Representatives to the Heritage Preservation Commission to terms beginning October 2004 through May 2005; and Casey Carlson,Evan Estrine, and Carly Hofstedt as Student Representatives to the Arts and Culture Commission to terms beginning October 2004 through May 2005. Motion carried 4-0. CITY COUNCIL MEETING September 21,2004 Page 6 XIII. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Mosman - Community Group Marketing Of Events Mosman said there was a group who recently requested the use of the City's electronic billboard and the council said it would look at the policy of how the electronic billboards are used and how the City uses other forms to advertise its community events. She said the City serves the community and if there are community groups that are serving the City, it would be good to find some type of an accommodating policy to help in marketing some of the events. She said the City has two electronic billboards, a website, direct ads in newspapers, an insert periodically in a newspaper; and large signs on corners for City events. She said the school uses the City'electronic billboard through a partnership policy, but the school is not putting City events into forms of their advertising.Mosman suggested having staff look at a policy that could be inclusive as possible. Butcher said she thinks the policy could be broadened to say that there is benefit from the service group. She suggested designating one of the reader boards as the"service"one with more community information and the other to contain information that people request. Mosman said she would like to have an understanding as to whether the school events get priority over other things or if they are analyzed in another way. Tyra-Lukens reported that the City bought the electronic sign for City events and information and it's wonderful if it's not being used,to use it for those other things. She suggested 50%time for City events and 50% on a first come first served for reservations. Butcher asked if the Eden Prairie mall had plans to put up an electronic billboard. She suggested contacting the mall to see if there are still plans to do so.Neal said staff can look into it. Tyra-Lukens suggested monitoring of requests received to see how many the City is able to accommodate and see how big of a problem this is. B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR 1. MCA Study Update Jeremiah reported that the first steps are being taken to initiate a Major Center Area Study. She said this is a major land use and transportation study of the area within and surrounding the Prairie Center Drive and CITY COUNCIL MEETING September 21,2004 Page 7 Valley View Drive ring roads, and includes a 1200 acre area. She said it involves approximately 42 intersections. Jeremiah said staff is looking for consulting help with the study and requests for qualifications were recently sent to a number of consulting firms. She said 20 interested consultants attended an informational meeting yesterday, and their responses are due Tuesday, September 28. In addition, Jeremiah said the City is simultaneously soliciting interest for citizens to serve on a task force to help guide the study. She said those citizens would include property owners within the study area,business owners and tenants, a variety of small and large retailers, a variety of residents to represent the senior rental population as well as the owner occupied homes recently constructed in the area, an apartment property manager, and a regional mall representative and Southwest Transit Agency representative. She said there is also interest in getting some at- large representation, perhaps a liaison from the Community Planning Board. She said hopes to bring recommendations for appointments to the task force before the council in October, and hopefully the consultant contract would be ready in November. She said the study is then expected to take nine months to provide a vision for the future of the area. Jeremiah said those interested in working on the study may contact her or David Lindahl,Economic Development Manger. D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XIV. OTHER BUSINESS XV. ADJOURNMENT MOTION: Mosman moved, seconded by Butcher,to adjourn the meeting. Motion carried 4-0. Mayor Tyra-Lukens adjourned the meeting at 7:33 p.m. CITY COUNCIL AGENDA DATE: October 5,2004 SECTION: Consent Agenda DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VI.A. Community Hilltop Town Office Development/Planning Janet Jeremiah Scott A.Kipp Requested Action Move to: • Approve 2nd Reading of the Ordinance for PUD District Review with waivers on 6.89 acres and Zoning District Amendment within the Office Zoning District on 6.89 acres; and • Adopt the Resolution for Site Plan Review on 6.89 acres; and • Approve the Development Agreement for Hilltop Town Office; and • Approve and Authorize Issuance of a Grading Permit for Hilltop Town Office, subject to release by the City Engineer upon determination that the final contract documents conform to plans stamp dated August 27, 2004, as approved by the City Council. Synopsis This is for 15 office condo units in 5 buildings totaling 39,750 square feet. Attachments 1. Ordinance for PUD District Review and Zoning District Amendment 2. Resolution for Site Plan Review 3. Development Agreement HILLTOP TOWN OFFICE CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 27-2004-PUD-14-2004 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA,AMENDING • CERTAIN LAND WITHIN A ZONING DISTRICT,AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND,ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be amended within the Office Zoning District 27-2004-PUD-14-2004 (hereinafter "PUD-14-2004-Office). Section 3. The City Council hereby makes the following findings: A. PUD-14-2004-Office is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-14-2004-Office 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-14-2004-Office are justified by the design of the development described therein. D. PUD-14-2004-Office is of sufficient size, composition, and arrangement that its construction, marketing, and operation is feasible as a complete unit without dependence upon any subsequent unit. Section 4. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of October 5, 2004, entered into between Arima, LLC, and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development Agreement contains the terms and conditions of PUD-14-2004-Office, and are hereby made a part hereof. Section 5. The proposal is hereby adopted and the land shall be, and hereby is amended within the Office District and shall be included hereafter in the Planned Unit Development 14-2004-Office, and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 7th day of September, 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 5th day of October,2004. ATTEST: Kathleen A.Porta, City Clerk Nancy Tyra-Lukens,Mayor PUBLISHED in the Eden Prairie Sun Current on EXHIBIT A PUD Legal Description — Hilltop Town Office Legal Description Before Final Plat That part of Lot 2,Block 1,Wilson Ridge 3rd Addition, lying westerly of the following described line and its southerly extension: Beginning at the northeast corner of the West Half of the Southwest Quarter of Section 12; Township 116, Range 22;thence South along the east line thereof, a distance of 808.5 feet;thence southwesterly to a point to the center line of Valley View Road, as shown in the plat of Wilson Ridge, distant 15.5 feet Westerly, as measured along said center line, from the east line of said West Half of the Southwest Quarter, and said line there terminating, and situate in Hennepin County,Minnesota. That part of Lot 2,Block 1, Wilson Ridge 3rd Addition, except that part of said lot lying westerly of the following described line and its southerly extension: Beginning at the northeast corner of the West Half of the Southwest Quarter of Section 12; Township 116, Range 22;thence South along the east line thereof, a distance of 808.5 feet;thence southwesterly to a point in the center line of Valley View Road, as shown in • the plat of Wilson Ridge, distant 15.5 feet Westerly, as measured along said center line, from the east line of said West Half of the Southwest Quarter, and said line there terminating, and situate in Hennepin County,Minnesota. Legal Description After Final Plat Lots 1 through 16, Block 1, Hilltop Town Office HILLTOP TOWN OFFICE CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO.27-2004-PUD-14-2004 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA, AMENDING THE ZONING OF CERTAIN LAND WITHIN ONE DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99,WHICH,AMONG OTHER THINGS,CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA, ORDAINS: Summary: This ordinance allows amendment of the zoning of land located at 7480 Flying Cloud Drive within the Office Zoning District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen A. Porta, City Clerk Nancy Tyra-Lukens,Mayor PUBLISHED in the Eden Prairie Sun Current on the . (A full copy of the text of this Ordinance is available from City Clerk.) HTT-LTOP TOWN OFFICE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2004- A RESOLUTION GRANTING SITE PLAN APPROVAL FOR HILLTOP TOWN OFFICE BY ARIMA,LLC WHEREAS, Arima, LLC, has applied for Site Plan approval of Hilltop Town Office to construct 15 office condo units in 5 buildings totaling 39,750 square feet, by an Ordinance approved by the City Council on October 5, 2004; and WHEREAS, the Community Planning Board reviewed said application at a public hearing at its August 9,2004 meeting and recommended approval of said site plans; and WHEREAS, the City Council has reviewed said application at a public hearing at its September 7, 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 Hilltop Town Office based on the Development Agreement between Arima, LLC and the City of Eden Prairie, reviewed and approved by the City Council on October 5, 2004. ADOPTED by the City Council of the City of Eden Prairie this 5th day of October, 2004. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen A. Porta, City Clerk DEVELOPMENT AGREEMENT Hilltop Town Office THIS DEVELOPMENT AGREEMENT ("Agreement") is entered into as of October 5, 2004, by Arima 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,Developer has applied to City for Planned Unit Development Concept Review on 6.89 acres, Planned Unit Development District Review with waivers on 6.89 acres, Zoning District Amendment within the Office Zoning District on 6.89 acres, Site Plan Review on 6.89 acres, and Preliminary Plat of 6.89 acres into 16 lots, legally described on Exhibit A (the"Property"); NOW,THEREFORE,in consideration of the City adopting Resolution No. for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review and Zoning District Amendment within the Office Zoning District on 6.89 acres,Resolution No. for Site Plan Review,and Resolution No. for Preliminary Plat, Developer agrees to construct, develop and maintain the Property as follows: 1. PLANS: Developer shall develop the Property in conformance with the materials revised and stamp dated August 27,2004,reviewed and approved by the City Council on September 7, 2004, (hereinafter the "Plans") and identified on Exhibit B, subject to such changes and modifications as provided herein. 2. EXHIBIT C: Developer agrees to the terms, covenants, agreements, and conditions set forth in Exhibit C. 3. DEVELOPER'S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a violation of City Code relating to use of the Land construction thereon or failure to fulfill an obligation imposed upon the Developer pursuant to this Agreement,City shall give 24 hour notice of such violation in order to allow a cure of such violation,provided however,City need not issue a building or occupancy permit for construction or occupancy on the Land while such a violation is continuing,unless waived by City. The existence of a violation of City Code or the failure to perform or fulfill an obligation required by this Agreement shall be determined solely and conclusively by the City Manager of the City or a designee. 4. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall release,defend and indemnify City,its elected and appointed officials,employees and agents from and against any and all claims, demands, lawsuits,complaints, loss,costs(including attorneys' fees), damages and injunctions relating to any acts, failures to act, errors, omissions of Developer or Developer's consultants, contractors, subcontractors, suppliers and agents. Developer shall not be released from its responsibilities to release,defend and indemnify because of any inspection,review or approval by City. 5. EXTERIOR MATERIALS: Prior to building permit issuance,Developer shall submit to the City Planner,and receive the City Planner's written approval of a plan depicting exterior materials and colors to be used on the buildings on the Property. Prior to issuance of any occupancy permit for the Property, Developer shall complete implementation of the approved exterior materials and colors plan in accordance with the terms and conditions of Exhibit C,attached hereto. 6. GRADING,DRAINAGE,AND EROSION CONTROL PLANS: A. FINAL GRADING AND DRAINAGE PLAN:Developer agrees that the grading and drainage plan contained in the Plans may require revisions 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 and/or proposed sedimentation pond during construction. Upon request by the City, Developer shall provide preconstruction and post construction surveys for evaluation by City. 7. 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 124 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 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 occupancy permit for the Property. If,after completion of construction of the mechanical equipment screening,it is determined by the City Planner,in his or her sole discretion,that the constructed screening does not meet the Code requirements to screen mechanical equipment from public streets and differing, 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. PRIVATE DRIVEWAY: Prior to the release by the City of any final plat for the Property, Developer shall submit proof to the City Planner that a reciprocal, joint access and maintenance agreement for the shared driveway has been filed against the Property with the Hennepin County Recorder's/Registrar of Titles'Office in a form approved in writing by the City Planner. 11. PRIVATE UTILITIES: Prior to the release by the City of any final plat for the Property, Developer shall submit proof to the City Engineer that a maintenance agreement for the maintenance of existing private utilities on the Property has been filed against the Property with the Hennepin County Recorder's/Registrar of Titles' Office in a form approved by the City Engineer. 12. PUD WAIVERS GRANTED: The city hereby grants the following waivers to City Code requirements within the Office Zoning District through the Planned Unit Development District Review for the Property and incorporates said waivers as part of PUD A. Lot sizes ranging between 1,760 sq. ft. and 2,090 sq. ft. for Lots 1 through 15. City code requires a minimum of 20,000 sq. ft. B. Lot dimensions to 32 feet in width and 55 feet in depth. City code width and depth is 100 feet. C. To permit development on a shoreland bluff. City code does not permit development or alteration on a shoreland bluff. D. Impervious surface area of 34%within a shoreland area. City code maximum is 30%. E. Front yard structure setback of 25 feet for the four unit building. City code requires 35 feet in the office zoning district. 13. RELOCATION OF EXISTING MONUMENT SIGN: Concurrent with the grading of the Property,Developer shall relocate the existing monument sign from the proposed right-of- way at the southeast corner of Valley View Road and Flying Cloud Drive to meet City Code. 14. RETAINING WALLS: Prior to issuance by the City of any permit for grading or construction on the Property, Developer shall submit to the Chief Building Official, and obtain the Chief Building Official's written approval of detailed plans for the retaining walls identified on the grading plan in the Plans. These plans shall include details with respect to the height,type of materials,and method of construction to be used for the retaining walls. Developer agrees that the materials to be used shall be compatible with those used on the adjacent land to the northeast. • Developer shall complete implementation of the approved retaining wall plan in accordance with the terms and conditions of Exhibit C, attached hereto, prior to issuance of any occupancy permit for the Property. 15. SIDEWALK AND TRAIL CONSTRUCTION: Prior to issuance by City of any building permit on the Property, Developer shall submit to the Director of Parks and Recreation Services and obtain the Director's written approval of detailed plans for sidewalks and trails to be constructed on the Property. Developer shall convey access easements for such sidewalks and trails in such locations as determined by the Director of Parks and Recreation Services. Sidewalks and trails shall be constructed in the following locations: A. A five-foot wide concrete sidewalk to be located along the east side of the existing driveway serving the Property,from Flying Cloud Drive to the adjacent property to the south as depicted in the Plans. Developer shall complete implementation of the approved plans in accordance with the terms of Exhibit C prior to issuance of any occupancy permit for the Property. 16. 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. 17. TRASH ENCLOSURE: Developer has submitted to the City Planner, and obtained the City Planner's written approval of a plan for the design and construction of the outside trash enclosure for the Property. This trash enclosure shall be constructed with face brick to match the building, include a roof, and heavy duty steel gates that completely screen the interior of the enclosure. Developer shall complete implementation of the trash enclosure • plan prior to issuance of any occupancy permit for the Property. 18. TRAVEL DEMAND MANAGEMENT PLAN: Developer shall implement the Travel Demand Management(TDM)Plan at the site to help reduce traffic congestion according to the attached plan shown as Exhibit E. Prior to issuance of the building permit for the Property, Developer shall furnish to the Traffic Engineer and receive the Traffic Engineer's approval of a TDM performance bond, cash escrow, letter of credit with a corporation approved by the City Manager or other guarantee acceptable to the City Manager(hereinafter referred to as the"Security")equal to 100% of the cost($28,400) of implementing the first two (2)years of the TDM Plan. The Developer shall initiate implementation of the TDM Plan,including active marketing to building tenants and their employees one month after the closing date of the unit purchase of 50% of the units. In order to enable the City to determine when the Property has obtained the above sales, the Developer shall provide to the City upon request a certified statement identifying the current unit owners. The Security will be reduced to the Developer on a "draw-down" basis, in the following manner: A. The City will consider reduction or release of the Security at the following times: - Upon completion of items associated with plan start up. - After 1 calendar year of TDM plan implementation - After 2 calendar years of TDM plan implementation and completion of the plan evaluation. B. To request a reduction or release of the Security the Developer shall submit to the Traffic Engineer a letter requesting a reduction and a summary of the TDM activities completed to date. A summary of the required information can be obtained from the Traffic Engineer upon request. C. The City shall have 30 business days to review requests for reduction or release of the Security and provide indication of approval or objection to any part of the request. If the Developer fails to implement the TDM plan in accordance with its terms,the City may draw upon the Security in whole or in part to pay the cost of implementation. 19. TREE LOSS - TREE REPLACEMENT: There are 742 diameter inches of significant trees on the Property. Tree loss related to development on the Property is calculated at 404 diameter inches. Tree replacement required is 291 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 291 caliper inches. This approved plan shall include replacement trees of a 3-inch diameter minimum size for a shade tree and a 7-foot minimum height for conifer trees. The approved plan shall also provide that, should actual tree loss exceed that calculated herein,Developer shall provide tree replacement on a caliper inch per caliper inch basis for such excess loss. Prior to issuance of any grading permit for the Property,Developer shall furnish to the City Planner and receive the City Planner's approval of a tree replacement bond equal to 150%of the cost of said improvements as required by City Code. Developer shall complete implementation of the approved tree replacement plan prior to occupancy permit issuance. IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. DEVELOPER CITY OF EDEN PRAIRIE Arima,L.L.C. By By Its Nancy Tyra-Lukens Its Mayor By By_ Its Scott H.Neal Its City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2004, by Nancy Tyra-Lukens and Scott H.Neal,respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2004,by ,the , of Arima,L.L.C., a Minnesota 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 A DEVELOPMENT AGREEMENT—HILLTOP TOWN OFFICE Legal Description Before Final Plat That part of Lot 2,Block 1,Wilson Ridge 3rd Addition, lying westerly of the following described line and its southerly extension: Beginning at the northeast corner of the West Half of the Southwest Quarter of Section 12; Township 116,Range 22;thence South along the east line thereof,a distance of 808.5 feet;thence southwesterly to a point to the center line of Valley View Road, as shown in the plat of Wilson Ridge,distant 15.5 feet Westerly,as measured along said center line, from the east line of said West Half of the Southwest Quarter,and said line there terminating, and situate in Hennepin County,Minnesota. That part of Lot 2,Block 1,Wilson Ridge 3rd Addition,except that part of said lot lying westerly of the following described line and its southerly extension: Beginning at the northeast corner of the West Half of the Southwest Quarter of Section 12;Township 116,Range 22;thence South along the east line thereof,a distance of 808.5 feet;thence southwesterly to a point in the center line of Valley View Road, as shown in the plat of Wilson Ridge, distant 15.5 feet Westerly, as measured along said center line, from the east line of said West Half of the Southwest Quarter, and said line there terminating, and situate in Hennepin County,Minnesota. Legal Description After Final Plat Lots 1 through 16,Block 1, Hilltop Town Office EXHIBIT B DEVELOPMENT AGREEMENT—HILLTOP TOWN OFFICE PLANS 1. Preliminary Plat dated August 26,2004 by Ulteig Engineers 2. Details dated August 26, 2004 by Ulteig Engineers dated August 26, 2004 by Ulteig Engineers 3. Existing Conditions/Removals Tree Survey dated August 26,2004 by Ulteig Engineers 4. Stormwater Pollution Prevention Plan dated August 26, 2004 by Ulteig Engineers 5. Grading Plan dated August 26,2004 by Ulteig Engineers 6. Wall Cross Sections dated August 26, 2004 by Ulteig Engineers 7. Utility Plan dated August 26, 2004 by Ulteig Engineers 8. Site Plan Site Statistics dated August 27, 2004 by Portfolio Design Services, Inc. 9. Landscape Plan dated August 27, 2004 by Portfolio Design Services, Inc. 10.Landscape Sections dated May 7, 2004 by Portfolio Design Services, Inc. 11.Floor Plans—3 Unit Building dated June 28,2004 by Portfolio Design Services, Inc. 12. Floor Plans—4 Unit Building dated June 28,2004 by Portfolio Design Services, Inc. 13. Floor Plans—2 Unit Building dated June 28,2004 by Portfolio Design Services, Inc. 14. Exterior Elevations—3 Unit Building dated May 7, 2004 by Portfolio Design Services,Inc. 15. Exterior Elevations—4.Unit Building dated May 7, 2004 by Portfolio Design Services,Inc. 16. Exterior Elevations—2 Unit Building dated August 27, 2004 by Portfolio Design Services, Inc. 17. Site Lighting Plan dated May 7, 2004 by Portfolio Design Services, Inc. EXHIBIT C DEVELOPMENT AGREEMENT—HILLTOP TOWN OFFICE I. Prior to release of any building permit, Developer shall submit to the City Engineer for approval two copies of a development plan(1"=100'scale)showing existing and proposed contours,proposed streets,and lot arrangements and size,minimum floor elevations on each lot,preliminary alignment and grades for sanitary sewer,water main,and storm sewer,100- year flood plain contours, ponding areas, tributary areas to catch basins, arrows showing direction of storm water flow on all lots,location of walks,trails,and any property deeded to the City. II. Developer shall submit detailed construction and storm sewer plans to the Watershed District for review and approval. Developer shall follow all rules and recommendations of said Watershed District. III. Developer shall pay cash park fees as to all of the Property required by City Code in effect as of the date of the issuance of each building permit for construction on the Property. IV. If Developer fails to proceed in accordance with this Agreement within twenty-four (24) months of the date hereof,Developer,for itself,its successors,and assigns,shall not oppose the City's reconsideration and rescission of any Planned Unit Development,Rezoning, Site Plan Review and/or Preliminary Plat review approved in connection with this Agreement, thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. V. Provisions of this Agreement shall be binding upon and enforceable against the Property and the Owners,their successors and assigns of the Property. VI. The Developer hereby irrevocably nominates, constitutes, and appoints and designates the City as its attorney-in-fact for the sole purpose and right to amend Exhibit A hereto to identify the legal description of the Property after platting thereof. VII. Developer represents that it has marketable fee title to the Property. 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. § 9601, et. seq.,or Minn. Stat., Sec. 115B.01, et. seq. (such substances,wastes, pollutants, and contaminants hereafter referred to as "Hazardous Substances"); C. That Developer has not allowed any other person to use, employ, deposit, store, dispose of,place or otherwise have,in or on the Property,any Hazardous Substances. D. That no previous owner, operator or possessor of the Property deposited, stored, disposed of, placed or otherwise allowed in or on the Property any hazardous substances. Developer agrees to indemnify, defend and hold harmless City, its successors and assigns, against any and all loss,costs,damage and expense, including reasonable attorneys fees and costs that the City incurs because of the breach of any of the above representations or warranties and/or resulting from or due to the release or threatened release of Hazardous Substances which were, or are claimed or alleged to have been,used,employed, deposited, stored, disposed of, placed, or otherwise located or allowed to be located, in or on the Dedicated Property by Developer, its employees, agents, contractors or representatives. VIII. Developer acknowledges that Developer is familiar with the requirements of Chapter 11, Zoning,and Chapter 12, Subdivision Regulations,of the City Code and other applicable City ordinances affecting the development of the Property. Developer agrees to develop the Property in accordance with the requirements of all applicable City Code requirements and City Ordinances. IX. Prior to release of the final plat,Developer shall pay to City fees for the first three(3)years' street lighting on the public streets adjacent to the Property(including installation costs, if any, as determined by electrical power provider), engineering review, and street signs. X. Developer shall submit detailed water main, fire protection, and emergency vehicle access plans to the Fire Marshal for review and approval. Developer shall follow all the recommendations of the Fire Marshal. XI. Developer acknowledges that the rights of City performance of obligations of Developer contemplated in this agreement are special, unique, and of an extraordinary character, and that, in the event that Developer violates, or fails, or refuses to perform any covenant, condition, or provision made herein, City may 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. Developer shall,prior to the commencement of any improvements,provide written notice to Time Warner Cable,a Minnesota Limited Partnership,the franchisee under the City's Cable Communication Ordinance(80-33)of the development contemplated by this Development Agreement. Notice shall be sent to Time Warner Cable, 801 Plymouth Avenue North, Minneapolis,Minnesota 55411. XIII. Prior to building permit issuance,all fees associated with the building permit shall be paid to the Inspections Department,including;Building permit fee,plan check fee,State surcharge, metro system access charge (SAC), City SAC and City water access charge (WAC), and park dedication. Contact Metropolitan Waste Control to determine the number of SAC units. XIV. Prior to building permit issuance, existing structures,walls and septic systems(if present) shall be properly abandoned or removed as required by City ordinance and all permits obtained through the Inspections Department. XV. Prior to building permit issuance,provide two copies of an approved survey or site plan(1" =200 scale) showing proposed building location and all proposed streets, with approved street names, lot arrangements and property lines. XVI. The City shall not issue any building permit for the construction of any building,structure, or improvement on the Property until all requirements listed in this Exhibit C have been satisfactorily addressed by Developer. • XVII. No failure of the City to comply with any term, condition, covenant or agreement herein shall subject the City to liability for any claim for damages, costs or other financial or pecuniary charges.No execution on any claim,demand,cause of action or judgment shall be levied upon or collected from the general credit,general fund or taxing powers of the City. XVIII. Prior to issuance of the first building permit for the Property,Developer shall permanently demarcate the location of the boundary of the conservation easement on each lot property line or corner with permanent four-foot tall posts. A 2 '/2 by 6 inch sign or decal reading "Scenic/Conservation Easement Boundary,City of Eden Prairie",will be affixed to the top of the post. XIX. Within 10 days of the approval of the Development Agreement,the Developer shall record the Development Agreement at the County Recorder and/or Registrar of Titles.The fmal plat shall not be released until proof of filing of the Development Agreement is submitted to the City. EXHIBIT D DEVELOPMENT AGREEMENT—HILLTOP TOWN OFFICE EROSION CONTROL POLICY-AUGUST 1, 1997 1. All construction projects permitted by the City of Eden Prairie which results in the temporary disturbance of vegetative or non-vegetative surfaces protecting soils from erosion require the use of Best Management Practices (BMP's) as outlined in the Minnesota Pollution Control Agency's manual,Protecting Water Quality in Urban Areas,to mitigate the impact of erosion on wetland and water resources. The City Engineer or the Director of Inspections may impose special conditions to permits which stipulate erosion control' procedures and/or direct the installation of erosion control features or the clean up of erosion at construction sites. Permits affected by this policy include all grading permits, building permits, and permits for the installation of utilities. 2. All erosion control systems stipulated in the permit application shall be installed prior to the issuance of the permit. Supplemental erosion control systems ordered by the City Engineer or the Director of Inspections shall be installed within 48 hours of that order. 3. The applicant must maintain all erosion control systems in a functional condition until the completion of turf and/or structural surfaces, which protect the soil from erosion. The applicant must inspect erosion control biweekly and immediately after each rainfall event of .5 inches or more. Needed maintenance shall be performed within 48 hours. 4. Best Management Practices(BMP's)shall be utilized at all construction sites to minimize the trackage or spillage of soil on public streets or highways. BMP's may include, but are not limited to, rock construction entrances, washing stations, frequent cleaning of streets adjacent to the construction site or limiting operations when site conditions are unmanageable. Trackage or spillage of soil on a public street or highway must be cleaned by power sweepers within the time frame stipulated in the permit special conditions or as ordered by the City Engineer or the Director of Inspections. 5. If erosion breaches the perimeter of a construction site, the applicant shall immediately develop a clean up and restoration plans, obtain the right-of-entry from the adjoining property owner, and implement the clean up and a restoration plan within 48 hours of obtaining the adjoining property owner's permission. In the event eroded soils enter onto or are tracked or spilled on a public street, highway, sidewalk or trail, the applicant shall remove the soil material and thoroughly sweep the street or sidewalk surface within four hours. If eroded soils enter, or entrance appears imminent, into wetlands or other water bodies,clean up and repair shall be immediate. The applicant shall provide all traffic control and flagging required to protect the traveling public during the clean up operations. 6. When an applicant fails to conform to any provision of this policy within the time stipulated in a written notification, the City may take the following actions: a. Withhold the scheduling of inspections and/or the issuance of a Certificate of Occupancy or other approvals. b. Direct the correction of the deficiency by City personnel or separate contract. c. Withhold the issuance of building permits d. At its option,institute and prosecute an action to enjoin violations of this Agreement and/or an action to specifically enforce performance of this Agreement The issuance of a permit constitutes a right-of-entry for the City or its contractor to enter upon the construction site for the purpose of correcting deficiencies in erosion control. All costs, including but not limited to, attorneys' fees and engineering fees incurred by the City in correcting erosion control deficiencies or enforcing this policy shall be reimbursed by the applicant. All invoices for erosion control correction shall be due and payable within 30 days. Invoices not paid within 30 days shall accrue interest at a rate of 1%per month or the highest legal rate. Each charge for correction of erosion deficiencies shall be a lien upon the property to which the permit applies. Invoices more than 30 days old on September 30 or any year or on any other date as determined by the City Engineer or the Director of Inspections may be assessed against the property. As a condition of the permit, the owner shall waive notice of any assessment hearing to be conducted by the City, concur that the benefit to the property exceeds the amount of the proposed assessment and waive all rights by virtue of Minnesota Statute 429.081 or otherwise to challenge the amount or validity of the assessment. I,We,The Undersigned,hereby accept the terms and conditions of the Erosion Control Policy dated August 1, 1997 as set forth and agree to fully comply therewith, to the satisfaction of the City of Eden Prairie, Minnesota. By: NOT TO BE SIGNED By: NOT TO BE SIGNED Owner's Signature Applicant's Signature DEVELOPMENT NAME: Lot: Block: OWNER INFORMATION OWNER(PRINT): ADDRESS CITY STATE ZIP EXHIBIT E DEVELOPMENT AGREEMENT—HILLTOP TOWN OFFICE Transportation Demand Management (TDM) Plan Hilltop Town Offices—Eden Prairie, Minnesota I. Introduction and Project Description AraviA Group plans to build approximately 40,000 square feet of office space on a parcel located at the southwesterly quadrant of the intersection of Valley View Road and Flying Cloud Drive in Eden Prairie,Minnesota. The site is adjacent to the Wilson Learning Center building and parking ramp. The existing driveway to the parking ramp roughly dissects the proposed site. The buildings will be used for town offices. Each building will have between two and four office units. Each unit will be owned individually, so each building may have several owners. Each unit will have approximately 2,600 square feet of space. Most units will have a walkout level and a main level. One two-unit building will be slab-on-grade. The units will be marketed to small businesses such as legal, accounting,real estate, and professional services firms with three to six employees. A typical unit may have a reception area and three to five offices. The total employees anticipated for this site would range from 45 to 90. Office hours would likely range from 7 to 9 in the a.m.to 4 to 6 in the p.m. Most trips would be in these time frames,with relatively few other trips during the day. Trip generation was estimated from Trip Generation, 6th Edition,pages 1053 and 1054, published by the Institute of Transportation Engineers (ite). These pages provide charts for a.m. and p.m. peak hourly weekday trip ends vs. 1000 sq. feet of gross floor area. Calculations are attached. Anticipated a.m. peak trips are 90 vehicles per hour,with 88% entering and 12% leaving. The anticipated p.m. peak trips are 125 vehicles per hour, with 17%entering and 83% leaving. The site will have approximately 206 parking spaces available. II. TDM Plan Objective The objective of this plan is to minimize the number of incoming trips during the peak period in the morning and the number of departing trips during the afternoon peak. The primary focus of the plan is to provide information on available alternatives to single-occupant trips to employees and owners;however, incentives for reducing trips will also be established. The goal is a 10% reduction in generated single-occupant vehicle trips. III. TDM Plan/Program AraviA Group will designate a Transportation Coordinator to work with buyers and occupants to ensure the plan is implemented. The Transportation Coordinator will be responsible for plan implementation for a period of one year after the closing date of the unit purchase of 75%of the units. After the first year, the Town Office Association would resume responsibility for plan maintenance, improvements, or amendments. TDM Measures Transportation Coordinator—The Transportation Coordinator will be responsible to ensure the following features of the plan are implemented and maintained for the one-year initial phase. Carpool/vanpool information and incentives—Carpooling is likely to be the single most effective means of achieving the goals of this plan for this project. Accordingly, it will be important to stress the benefits of carpooling to unit owners and employees, and provide information on available programs. One carpool and vanpool parking space will be designated by sign in desirable locations near each building to further encourage occupants to share rides. A concrete motorcycle-parking slab will also be placed in each lot to encourage motorcyclists to ride to work when weather permits. In addition, AraviA Group will place $1,500 in an account earmarked for incentives to be used by the Town Office Association to encourage carpool/vanpool,transit,motorcycle,or other modes that reduce single occupant vehicle trips. Transit(Bus) information and incentives—Convenient bus service is not available to this site for most anticipated occupants;however, information on the various incentive programs will be made available to each occupant. Biking/walking facilities and incentives—A bicycle parking rack available from Metro Commuter Services will be placed in each lot to offer cyclists secure and convenient bicycle parking. Shower installation will be made available to unit buyers at a 25%discount if they wish to accommodate their employees who are cyclists/walkers/joggers. A walkway is included in the site plan to link the site to the Wilson Learning Center parking ramp and sidewalks on Flying Cloud Drive. This walkway may further encourage carpooling with Wilson Learning Center employees or employees of neighboring companies and/or walking to this site or WLC should residents in the area be employed there. Communication and education—A full display of commuter information to be provided by 494 Commuter Services will be maintained at the AraviA Sales Office on the site. A Commuter Information Packet provided by 494 Commuter Services will be given to each buyer as part of the purchase transaction. The Transportation Coordinator will also visit each unit after buyer move in and work with individual owners to display information, inform employees of programs and leave behind any brochures and contact information they request. Support Services—The Transportation Coordinator will ensure that the Town Office Association is on the 494 Commuter Services mailing list. The Coordinator will also arrange for a transit consultant from 494 Commuter Services to make a presentation at an initial association meeting and assist the consultant in conducting any commuter surveys deemed appropriate. Duties of the Transportation Coordinator will be transitioned to the Association. AraviA Group will hold a commuter fair for buyers and their employees in coordination with 494 Commuter Services. This will be held after 80 percent occupancy. IV. 2-Year Budget • Signage and concrete pads $3,400 • Transportation Coordinator $12,000 • Commuter Fair $1,000 • 25%Discount on Shower Installations $12,000 ($4,800 x 10 units x.25 discount) $28,400 V. Evaluation Recommendations of the 494 Commuter Services consultant related to surveys and plan modifications will be followed after presentations to the Association and meetings with employees have taken place. The Transportation Coordinator will act as a liaison between the Association, City, and 494 Commuter Services to facilitate modifications for one year after the closing of 75% of the buildings, whichever is later. CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda October 5, 2004 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VI.B. Randy Slick/Eugene A. Dietz Final Plat Approval of Pioneer Point Public Works/Engineering Townhomes 4th Addition Services Requested Action Move to: Adopt Resolution approving the final plat of Pioneer Point Townhomes 4th Addition. Synopsis This proposal, located at the southeast corner of Franlo Road and Pioneer Trail. The plat consists of.16 acres to be divided into two townhome lots. This is a replat of Outlot D, Bluffs East 17th Addition. Background Information The preliminary plat was approved by the City Council August 7, 2001. Second Reading of the Rezoning Ordinance and final approval of the Developer's Agreement was completed on September 4, 2001. The resolution includes a variance to City Code 12.20 Subd.2.A waiving the requirement for final plat approval within six months of preliminary plat approval. Approval of the final plat is subject to the following conditions: • Receipt of additional engineering fee in the amount of$310.00 • The requirements as set forth in the Developer's Agreement • Provide a list of areas(to the nearest square foot) of all lots, outlots and road right-of- ways certified by surveyor Attachments Resolution Drawing of final plat CITY OF EDEN PRAIREE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF PIONEER POINT TOWNHOMES 4th ADDITION WHEREAS, the plat of Pioneer Point Townhomes 4th Addition has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW,THEREFORE,BE IT RESOLVED by the Eden Prairie City Council: A. Plat approval request for Pioneer Point Townhomes 4th Addition is approved upon compliance with the recommendation of the City Engineer's report on this plat dated January 20,2004. B. Variance is herein granted from City Code 12.20 Subd. 2.A. waiving the six-month maximum time lapse between the approval date of the preliminary plat and filing of the final plat as described in said engineer's report. C. That the City Clerk is hereby directed to supply a certified copy of this resolution to the owners and subdivision of the above named plat. D. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on January 20,2004. Nancy Tyra-Lukens,Mayor ATTEST: SEAL Kathleen A.Porta, City Clerk PIONEER POINT TOWNHOMES 4TH ADDITION R.T. DoC. NO. mom ALL if 6T THEM p1111IUOlt tut Wealteie sellaaa,tna.,•likens%coranitun.las a.a1 at s1•Mama,tna}t.Prn.lT/ lUattit la the cAlss el HanUOs.Mats al MMAi.tt1.I.alb OYtIP1 O.IMP,//AUT',MAMMON. lilt tout O.et.tltla mamma and pMAUt/a PIO11EG1.POs1T 1rn7111pu114T11AU01no1I. Mumma Wand Isl.Waatlalt DMus.n..,.W..n.l.naps•W t.N.flue/mars pullale m t•MOW of III►np•r MOM,IMP_., TO It YTO.,,,. WOO Damn NUM.MO. 011rin II.It..Wrl,Want! 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OO.aln 1 „b H bs+ msa.Ii 1 flora Il tt r,i, p.uCi IL ITeaartu.Itemt/M cows NOBS UT owls l UIVETa1lU11ONs 1111n1P111 WUATT.uuNl11oTA tO.M»Ym nlWa.aall Cott Pmrant Is Will.CUT.II se.3NOS1!(111TI.eil.;Adam'man'spout Imp... tap et 1st_,,, ovegr al mama/ ma.a ?Minn P.onit.llUm.LN Cllfya.me1., oft REMIT/MP Op 1I111t.11l11c1PIN Coa11T.N11111.OTA //.�► /rj /��/( ersiiiensiiiii I nuts.1N1T Mat IYl.LMa OA al WO1tran POUfT TOTnIH0U,O till AOOHIOH sal pkt for nor%In Mb shim Id._gas II HED`UJVD >n O 7J As m 110_ll_aprti_O. FLAMSPC !/.'Olmr7Y. .f781ETAV. Scale in Feat O1asd IL clausal,n.lWaualr.la DP" boor CITY COUNCIL AGENDA DATE: October 5, 2004 SECTION: Consent Agenda DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VI. C. Community Bluff Country Village 2002 Development/Planning Janet Jeremiah Michael D. Franzen Requested Action Move to: • Adopt the Resolution granting extension to the developer's agreement for Bluff Country Village 2002 project and site plan approval by Hustad Investments Synopsis Hustad Investments is requesting a one year extension of the development agreement because of the construction of improvements to Pioneer Trail and Highway 169. Background Hustad Investments received City Council approval for Bluff Country Village 2002 for 94 apartment units, 37,000 square feet of commercial, a 10,000 square foot office building, and a 10,000 square foot daycare located at Hennepin Town Road and Pioneer Trail on October 15, 2002. A condition of the development agreement states that if the developer does not proceed with the project within twenty-four (24)months of the date of agreement,the developer would not oppose City's reconsideration and rescission of any rezoning, site plan approval and/or guide plan change approval,thus restoring the status of the property before the project was approved. Staff recommends granting the extension. Attachments - Resolution - Letter from Trek Development and Hustad Investments dated September 23, 2004 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2004- A RESOLUTION GRANTING EXTENSION TO THE DEVELOPER'S AGREEMENT FOR BLUFF COUNTRY VILLAGE 2002 PROJECT AND SITE PLAN APPROVAL BY HUSTAD INVESTMENTS WHEREAS, Hustad Investments has received City Council approval for Bluff Country Village 2002 for 94 apartment units and 37,000 square feet of commercial, a 10,000 square foot office building, and a 10,000 square foot daycare located at Hennepin Town Road and Pioneer trail as more fully described in a Development Agreement dated October 15,2002;and WHEREAS, a condition of said Development Agreement is set forth in paragraph IV of Exhibit C that if Developer does not proceed with the project within twenty-four (24) months of the date of Agreement, Developer would not oppose City's reconsideration and rescission of any rezoning, Site Plan approval and/or Guide Plan change approval, thus restoring the status of the property before the project was approved;and WHEREAS,the twenty-four(24)month will expire on October 15,2004; and WHEREAS,Developer has not proceeded with the Agreement and has requested approval of an amendment and extension of the condition set forth in paragraph IV of Exhibit C to the Developer's Agreement until October 15,2005;and WHEREAS,pursuant to City Code Section 11.03 Subd 6.A. Site Plan approval granted pursuant to Resolution 2002-170 is effective for a period of twenty — four (24) months which will expire on October 15,2004;and WHEREAS,the Developer has not proceeded in accordance with the Site Plan;and WHEREAS the City Council has reviewed said amendment and extension requests at its October 5,2004;meeting and; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Eden Prairie, Minnesota, hereby approves an amendment to the Development Agreement extending the time period referred to in paragraph IV of Exhibit C to October 15,2006. BE IT FURTHER RESOLVED that pursuant to City Code Section 11.03 Subd 6.A. that Site Plan approval granted by Resolution 2002-170 is hereby extended to October 15,2006. ADOPTED by the City Council of the City of Eden Prairie this 5th day of October,2004. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen A.Porta,City Clerk TREK DEVELOPMENT, INC. 6851 FLYING CLOUD DRIVE, SUITE A EDEN PRAIRIE MN 55344 1 ige„ ; 952, 914. 9610 .. . September 23, 2004 Michael Franzen City of Eden Prairie Community Development RE: Bluff Country Village 2002 Amendment I would like to request a twelve month extension for approvals granted by the City of Ederi Prairie on October 15, 2002, to Trek Development Corporation for Bluff Country Village 2002 Amendment. This request shall include: 1. the Comprehensive Guide Plan Change from Neighborhood Commercial to Office on 3.0 acres, Planned Unit Development Concept Amendment on 8,8 acres, Planned Unit Development District Review on 8.8 acres, Zoning District Amendment within the Neighborhood Commercial Zoning District on 5.8 acres, Zoning District Change from Neighborhood Commercial to Office on 3.0 acres, Site Plan Review on 8.8 acres, and Preliminary Plat on 8.8 acres into 5 lots, legally described on Exhibit A (the "Property"); 2. Resolution No. 2002-155 for Comprehensive Guide Plan Change, Resolution No. 2002-156 for Planned Unit Development Concept Amendment, Ordinance No, 26-2002-PUD-18-2002 for Planned Unit Development District Review, Zoning District Change from Neighborhood Commercial to Office, and Zoning District Amendment in the Neighborhood Commercial District, Resolution No. 2002-170 for Site Plan Review, and Resolution No. 2002-157 for Preliminary Plat. 3, Development Agreement dated October 15, 2002, between Trek Development and the City of Eden Prairie. I would appreciate your consideration and approval of this extension for the following reasons, Michael Franzen September 23, 2004 Page Two 1. The State has proceeded with additional property acquisition through the process of condemnation, This acquisition involves a parcel of property that will directly affect both the Daycare and Office sites in the Bluff Country Village 2002 Amendment. The additional acquisition involves an on-ramp for the improvement at the intersection at Pioneer Trail and Highway 169, 2. The construction for the improvement of the intersection at 169 and Pioneer Trail will likely be complete late November to early December 2004, At this time, I am hopeful the site issues will be clearly identified and I will know more about the site and its relationship to the new roadways and intersection. 3. The Daycare tenant will more clearly be able to see the site as it relates to the new road and the completed intersection„ Please let me know if you need any additional information to complete my request for an extension. You may contact me at 612.840.5233. Ve Sincerely, Bet Simenstad, President TREK DEVELOPMENT Cc Mark Savin, Faegre & Benson Jay Cook, Dorsey& Whitney Owners' Signature / • .z. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar October 5, 2004 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VI.D. Eugene A.Dietz, Public Works Award Contract for Hidden Ponds Trail and Pond Improvements, I.C. 03-5606 Requested Action Move to: Adopt Resolution awarding contract for Hidden Ponds Trail and Pond Improvements to DMJ Corporation, in the amount of$308,572.25. Synopsis On July 20, 2004, City Council conducted a public hearing for improvements to the trail and ponding systems in the Hidden Ponds neighborhood. Staff and our consultant have developed plans as specifications to incorporate the comments and intent of the feasibility study into bidding documents. Although the low bid was approximately 7%above the engineer's estimate of$288,830, staff recommends award of the contract and that the project proceed. Background Information Attachments • Summary of bids • Resolution SUMMARY OF BIDS City of Eden Prairie I.C. 03-5606 DESCRIPTION: Hidden Ponds:Pond Sediment Removal,Bike/Pedestrian Walkway Reconstruction and Storm Sewer Improvements BIDS OPENED: September 23.2004 CONSULTING ENGINEER: Hansen Thorp Pellinen Olson Inc. CHECKED BY: Hansen Thorp Pellinen Olson Inc. BIDDER BID SECURITY TOTAL BID DMJ Corporation YES $308,572.25 Sunram Construction YES $3I 0,588.00 The undersigned recommend award of Contract to: DMJ Corporation as the lowest responsible bidder for this Improvement Contract. \ • az Laurie A.Johnsen RE, Eugene A. Dietz Consulting Engineer Public Works Director 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.03-5606—Hidden Ponds Trail and Pond Improvements Bids were received, opened and tabulated according to law. Those bids received are shown on the attached Summary of Bids;and WHEREAS,the Director of Public Works recommends award of Contract to DMJ Corporation as the lowest bidder. 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 DMJ Corporation, in the name of the City of Eden Prairie in the amount of$308,572.25 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 October 5,2004. Nancy Tyra-Lukens,Mayor ATTEST: SEAL Kathleen A.Porta,City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda October 5, 2004 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VI.E. Randy L. Slick,Public Grading Permit for 6891 Beach Road Works/Engineering Requested Action Move to: Authorize issuance of grading permit to Thomas and Daisy Haung for the placement of fill at 6891 Beach Road. Synopsis Thomas and Daisy Haung are requesting City approval on the revised grading plan. The changes include a revised driveway alignment and berm locations. With these changes, the amount of material to be imported to the site has been reduced by approximately 85 cubic yards. The proposed berm would provide screening from traffic lights of vehicles traveling south on Beach Road. The berm will be approximately three feet in height and will not encroach into the Beach Road right-of-way. The berm slopes will not exceed 3:1. Staff recommends permit approval. Background Information Engineering staff has reviewed the plans for conformance to our standards for erosion control and drainage. Community Development staff has reviewed the proposal for conformance to City Code. The plan is in conformance with City Code and policy related to erosion control. Attachments Grading plan 7.,;:,:,,,,—„.... a---- "kill -----„N\ 7. , uuu- f1„1 r „J11 *ter li S _ WiliNi."•-� 1t I J If 3 • i«s I0� um. , i ,(7,..._. / ........ F ... 1:31 f i --„,__.y."....' tt ' a~, i/r i c{ - \ • 7 - I tII r � i i� N MOO •11' ) • I -"...".T4 11' . i . I) .; :11:'•• L� ii• ' 64....4 loiwr .....- ) -.. /.. _<7. n fJ m u) G v Z N n 11i _ F3 Pc'' CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar October 5,2004 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VI.F. Office of City Manager Resolution Appointing Election Judges/Student City Clerk Election Judges for November 2 General Election Requested Action: Adopt Resolution appointing election judges and student judges for the general election, November 2, 2004. Synopsis: State Statute 204B.21, Subd.2 requires appointment of election judges by the City Council at least 25 days before the election. These judges are in addition to the ones approved at the August 3, 2004, City Council meeting. Attachment: Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2004- WHEREAS,Minnesota Election Law 204B.21 requires that persons serving as election judges be appointed by the Council at least 25 days before the election. BE IT RESOLVED by the City Council of the City of Eden Prairie that the following persons have agreed to serve as election judges,student judges,or alternate judges and are appointed for the General Election to be held November 2, 2004. BE IT FURTHER RESOLVED that the City Clerk is with this, authorized to make any substitutions or additions as deemed necessary. Jennifer Ackerman Carrie Claus Sonya Dahlager Ying Elliott Richard Ford Leroy Jedlicka Doreen Kloth Karen Lampi Jessica McCandless Students Brian Brooke Kathlyn Jacobsen Anna Reichert Brittany Bull Caitlin Klukas Jennifer Ross Kyle Burkhardt Kyle Koch Laura Schneider Charlotte Campbell Krystal Kraemer David Smith Cynthia Clark Heidi Lindelof Samuel Stender Rori Costello Martha Mackmiller Connor Taketa Danny Crichton Keith Martiny Amanda Thome Elizabeth Eddy Pinari Mishra Scott Trantina Christina Eide Samira Missaghi Marc Van Osdale Rachael Giertz Erik Nielsen Rachel Wagner Austin Gilbertson Kate Nylander Thomas Walz Josh Goldberg Anthony Parendo Amy Weaver Alexandra Grandelis Rachel Payne Ann Whitman Tony Grandelis Kelly Pitman Neal Younghans ADOPTED by the Eden Prairie City Council on this 5th day of October 2004. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens,Mayor CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar October 5, 2004 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VI. G. Office of the City Manager Approve Amendment to Eden Prairie Firefighter's Finance Division Relief Association Bylaws Sue Kotchevar Requested Action Move to: • Approve Amendment to Eden Prairie Firefighters Relief Association Bylaws Synopsis The Firefighter's Relief Association Bylaws have been amended to increase the monthly premium from$44.00 to $56.00 times each year that a member has been an active firefighter. This increase will occur in annual increments starting on January 1, 2005 and conclude on January 1, 2009. The following is the increase schedule: Effective 1/1/05 - $48.00 Effective 1/1/06 - $50.00 Effective 1/1/07- $52.00 Effective 1/1/08 - $54.00 Effective 1/1/09 - $56.00 The bylaws have been reviewed and approved by the law firm of Gregorson, Rosow, Johnson, and Nilan, LTD as well as the membership of the Eden Prairie Fire Department. Background State Statutes govern the maximum amount of monthly pension payments that can be paid to retired volunteer fire fighters. Currently,retired Eden Prairie fire fighters receive$44.00 per month per year of service. This amount has been in effect since 2002. The maximum amount allowed by State Statute is $56.00 per month per year of service. The benefit increase demonstrates the City's support of the volunteer firefighters and provides the highest benefit allowed by law. Actuarial projections show that the City's contribution to the relief association should remain stable. Attachments Eden Prairie Firefighter's Relief Association Bylaws 3. Pension Benefit Each member is entitled to either a monthly service pension benefit or a lump sum service pension benefit calculated as follows: a) Monthly Service Pension: Effective 01/01/2005—A monthly service pension shall be calculated by multiplying $48.00 times each year that the member has been an active firefighter in the Fire Department and member in good standing of the Relief Association, up to a maximum pension of$1536.00. Effective 01/01/2006—A monthly service pension shall be calculated by multiplying$50.00 times each year that the member has been an active firefighter in the Fire Department and member in good standing of the Relief Association, up to a maximum pension of$1600.00. Effective 01/01/2007—A monthly service pension shall be calculated by multiplying$52.00 times each year that the member has been an active firefighter in the Fire Department and member in good standing of the Relief Association,up to a maximum pension of$1664.00. Effective 01/01/2008—A monthly service pension shall be calculated by multiplying$54.00 times each year that the member has been an active firefighter in the Fire Department and member in good standing of the Relief Association, up to a maximum pension of$1728.00. Effective 01/01/2009—A monthly service pension shall be calculated by multiplying$56.00 times each year that the member has been an active firefighter in the Fire Department and member in good standing of the Relief Association, up to a maximum pension of$1792.00. b) Lump Sum Service Pension: A lump sum service pension shall be calculated by multiplying 100 times the monthly service pension to which the member would have been entitled. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar October 5, 2004 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VI. H. Office of the City Manager Amended Lead Agency Agreement for the Finance Division Economic Development Administration Grant Sue Kotchevar Requested Action Move to: • Approve amended Lead Agency Agreement for the Economic Development Administration Grant Synopsis The Western Area Fire Training Association(WAFTA) and the City of Eden Prairie, acting as the lead agency, applied for a$242,500 grant from the Federal Economic Development Administration. The grant will be used to investigate and determine the magnitude and extent of contamination of land owned by WAFTA. The lead agency agreement was amended to better define the City's role as lead agent to act on behalf of WAFTA on all matters related to the grant provided however that the WAFTA executive committee will approve all grant payments. Background WAFTA is a joint powers arrangement with eleven members including the City of Eden Prairie. WAFTA was formed for the purpose of providing a site for public safety training and WAFTA owns land near St. Bonifacious,Minnesota that was used for training. Previous owner of the site include the Department of Defense. The site is contaminated from WAFTA use but also from use by previous owners of the site. Congressman Kline sponsored Federal legislation to fund the grant for this project. The grant will be used to investigate and determine the magnitude and extent of contamination on the site. WAFTA wants to determine the nature and cost of the contamination, determine financial responsibility, clean the site, and sell the land. Attachments Amended Lead Agency Agreement AMENDED LEAD AGENCY AGREEMENT FOR ECONOMIC DEVELOPMENT ADMINISTRATION GRANT The City of Eden Prairie and the Western Area Fire Training Association(WAFTA), agree that the City of Eden Prairie has been designated the lead agent for the EDA Grant (Federal CFDA# 11-303) and Project of investigating environmental impacts and risks on the property owned by WAFTA. The lead agent may act on behalf of WAFTA on all matters regarding the EDA Grant provided however prior to authorizing the expenditure of funds the lead agent must receive authorization from WAFTA's Executive Committee. The City hereby accepts the designation and position as lead agent for WAFTA. THE CITY OF EDEN PRAIRIE Mayor Title Date THE CITY OF EDEN PRAIRIE City Manager Title Date WAFTA President Title Date 113880 Contract No:A040549 CITY COUNCIL AGENDA DATE: SECTION: Consent October 5, 2004 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VI. I. Leslie Stovring Approve Agreement with Hennepin Public Works/Environmental County to Complete Phase II of the Big Services Foot CD-Rom project,IC#02-5578 Requested Action Move to: Approve an agreement with Hennepin County to complete Phase II of the Big Foot CD-Rom for the amount of$24,995. Synopsis A Municipal Waste Abatement Incentive Fund Grant Agreement was submitted to Hennepin County on March 10, 2004 for implementing a distribution, training and curriculum plan for the educational cd-rom "Big Foot". The attached Agreement is with Hennepin County to complete the scope of work outlined within the grant application. Background The total project cost for Phase 2 is $24,995. No matching funds were required as the grant request was less than $25,000. The Agreement with the County includes provisions for ownership and rights of use for the materials developed under the Agreement between the County,Hamline University's Center for Global Environmental Education(CGEE) and the City. Phase 1 included development and production of the Big Foot cd-rom. Phase 2 includes development of an Activity Guide and Student Worksheets. Subjects that will be covered in the Activity Guide include recycling, composting, water conservation, smart shopping and smart development. The grant will also be used to develop a Distribution Plan to distribute the materials to Hennepin County schools. A fee schedule will be established for sales of materials outside of Hennepin County. The grant agreement with the county limits free distribution of the materials to Hennepin County. Copies of the cd-rom and educational materials will also be available at the Environmental Learning Center for use by classes, including home school groups. A series of 10 Educator Orientation Workshops will also be offered to promote and assist in distribution of the cd-rom. The City of Eden Prairie submitted a Municipal Waste Abatement Incentive Fund Grant Application to Hennepin County after City Council approval in March 2004. The County selected the application for approval in July 2004. Attachments • Hennepin County Agreement 1 Contract No: A040549 PUBLIC ENTITY WASTE ABATEMENT INCENTIVE FUND AGREEMENT THIS AGREEMENT made and entered into by and between the COUNTY OF H I NNEPIN, STATE OF MINNESOTA, hereinafter referred to as the "COUNTY," A-2300 Government Center, Minneapolis, Minnesota 55487, on behalf of the Hennepin County Department of Environmental Services, 417 North Fifth Street, Minneapolis, MN 55401-1397, hereinafter referred to as the "DEPARTMENT" and the CITY OF EDEN PRAIRIE, 8080 Mitchell Road, Eden Prairie, MN 55344-4485, hereinafter referred to as the "CITY". WITNESSETH: WHEREAS, the Hennepin County Board, by Resolution No. 99-8-532, on the 3rd day of August 1999, adopted the Residential Recycling Funding Policy for the time period of January 1, 2000 through December 31, 2004; and WHEREAS said resolution established a Municipal Waste Abatement Incentive Fund to provide matching assistance ("Incentive Funds") to selected municipal residential waste abatement projects; and WHEREAS the Hennepin County Board, by Resolution No. 01-12-771R2, on the 11th day of December 2001, modified the existing policy for the Municipal Waste Abatement Incentive Fund by making all public entities within the County eligible to apply for and receive grant funds; and WHEREAS the CITY has made a grant application for a public entity waste abatement project and has been selected for partial funding of said described project, in accordance with the terms of this Agreement(Application copy attached as Exhibit A) NOW, THEREFORE, in consideration of the mutual undertakings and agreements hereinafter set forth, the COUNTY, on behalf of the DEPARTMENT, and the CITY agree as follows: 1. TERM AND COST OF THE AGREEMENT This Agreement shall commence upon execution and terminate on December 31, 2006. The cost of this Agreement shall not exceed twenty-four thousand nine hundred ninety- five dollars ($24,995). 2. SERVICES TO BE PROVIDED a. The CITY will operate its Public Entity Waste Abatement Incentive Fund project, Eden Prairie "Big Foot" Educational CD-ROM Project — Phase 2, hereinafter the Project, as described in the original grant application, including the proposed Project budget, submitted by the CITY and kept on file with the COUNTY(See Exhibit A). 1 Contract No: A040549 b. In addition to the services referred to above,the CITY agrees: 1. The CITY shall submit to the DEPARTMENT an interim report by December 31, 2005, and a final report by November 30,2006. The reports should include at a minimum: • Project findings and summary; • Results achieved; • Obstacles/challenges encountered; ■ Detailed budget expenditures. In addition, the City will present the Project findings, as set forth in the final report, to other municipal recycling coordinators at such times and places as the County may request. 2. All Incentive Funds accepted from the COUNTY over the term of the Agreement shall be used for Project expenses relating to waste reduction and recycling, as described in the Project budget. The CITY shall not retain any Incentive Funds in excess of actual Project expenses and shall return any such excess Incentive Funds to the COUNTY upon completion of the Project. 3. The CITY may not charge its residents through property tax,utility fees, or any other method for that portion of the costs of the Project that is funded by COUNTY Incentive Funds. 4. The CITY shall establish a separate accounting mechanism, such as a Project number, activity number, cost center, or fund that will separate Incentive Fund revenues and expenditures from all other CITY activities, including other solid waste, recycling, and yard waste activities. 5. Incentive Fund Project activities, revenues, and expenditures are subject to audit by the COUNTY. 6. The CITY, Hamline University, The Center for Global Environmental Education and their assigns shall reserve the right to sell materials developed under this Agreement provided that sales prices will not exceed all applicable out-of-pocket costs incurred by the CITY, Hamline University, The Center for Global Environmental Education and their assigns for product packaging, duplication, sales, and all other distribution activities that are not funded by this Agreement. c. All right, title and interest in all copyrightable material which the CITY shall conceive or originate either individually or jointly with others, and which arises out of the performance of this Agreement, shall be the property of the CITY. The CITY grants permission to the COUNTY to utilize the copyrightable material for any educational purpose. The CITY does not by this Agreement or otherwise assign any 2 Contract No: A040549 right, title or interest in any materials currently owned by Hamline University or the Center for Global Environmental Education. d. The CITY hereby warrants that, when legally required, the CITY shall obtain the written consent of both the owner and licensor to reproduce, publish, and/or use any material supplied to the COUNTY hereunder including but not limited to software, hardware, documentation, and/or any other item. The CITY further warrants that any material or item delivered by the CITY hereunder will not violate the United States Copyright Law or any property right of another and, in such event, agrees that the CITY will defend, indemnify, and hold harmless the COUNTY, its officials, officers, agents, volunteers, and employees, at CITY's own expense against any alleged infringement of any copyright or property right. 3. PAYMENT FOR SERVICES The COUNTY shall pay Incentive Funds to the CITY in an amount not-to-exceed twenty-four thousand nine hundred ninety-five dollars ($24,995). The Incentive Fund payment of twenty-four thousand nine hundred ninety-five dollars ($24,995) shall be disbursed upon execution of the Agreement. 4. INDEPENDENT CONTRACTOR The CITY shall select the means, method, and manner of performing the services herein. Nothing is intended or should be construed in any manner as creating or establishing the relationship of co-partners between the parties hereto or as constituting the CITY as the agent, representative, or employee of the COUNTY for any purpose or in any manner whatsoever. The CITY is to be and shall remain an independent contractor with respect to all services performed under this Agreement. The CITY represents that it has or will secure at its own expense all personnel required in performing services under this Agreement. Any and all personnel of the CITY or other persons while engaged in the performance of any work or services required by the CITY under this Agreement shall have no contractual relationship with the COUNTY, and shall not be considered employees of the COUNTY. Any and all claims that may or might arise under the Minnesota Economic Security Law or the Workers' Compensation Act of the State of Minnesota on behalf of said personnel, arising out of employment or alleged employment, including, without limitation, claims of discrimination against the CITY, its officers, agents, contractors, or employees shall in no way be the responsibility of the COUNTY. The CITY shall defend, indemnify, and hold harmless the COUNTY, its officials, officers, agents, volunteers, and employees from any and all such claims irrespective of any determination of any pertinent tribunal, agency, board, commission, or court. Such personnel or other persons shall neither require nor be entitled to any compensation, rights, or benefits of any kind whatsoever from the COUNTY, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, Workers' Compensation, Re-employment Compensation, disability, severance pay, and retirement benefits. 3 Contract No:A040549 5. INDEMNIFICATION AND INSURANCE a. The CITY agrees to defend, indemnify, and hold harmless the COUNTY, its officials, officers, agents, volunteers and employees from any liability, claims, causes of action, judgments, damages, losses, costs, or expenses, including reasonable attorney's fees, resulting directly or indirectly from any act or omission of the CITY, a subcontractor, anyone directly or indirectly employed by them, and/or anyone for whose acts and/or omissions they may be liable in the performance of the services required by this contract, and against all loss by reason of the failure of the CITY to perform fully, in any respect, all obligations under this contract. b. In order to protect the CITY and those listed above under the indemnification provision, the CITY agrees at all times during the term of this Agreement, and beyond such term when so required, to have and keep in force the following insurance coverages: Limits (1) Commercial General Liability on an occurrence basis with contractual liability coverage: General Aggregate $1,000,000 Products—Completed Operations Aggregate 1,000,000 Personal and Advertising Injury 1,000,000 Each Occurrence—Combined Bodily Injury and Property Damage 1,000,000 (2) Workers' Compensation and Employer's Liability: Workers' Compensation Statutory Employer's Liability. Bodily injury by: Accident—Each Accident 100,000 Disease—Policy Limit 500,000 Disease—Each Employee 100,000 Copies of insurance policies shall be promptly submitted to the COUNTY upon written request. 6. DATA PRIVACY The CITY, its officers, agents, owners, partners, employees, volunteers and subcontractors agree to abide by the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13, the Health Insurance Portability and Accountability Act and implementing regulations, if applicable, and all other applicable 4 Contract No:A040549 state and federal laws, rules, regulations and orders relating to data privacy or confidentiality, and as any of the same may be amended. CITY agrees to defend, indemnify and hold harmless the COUNTY,its officials, officers, agents,employees, and volunteers from any claims resulting from CITY's officers', agents', owners', partners', employees', volunteers', assignees' or subcontractors' unlawful disclosure and/or use of such protected data. The terms of this paragraph shall survive the cancellation or termination of this Agreement. 7. RECORDS—AVAILABILITY/ACCESS Subject to the requirements of Minnesota Statutes Section 16C.05, Subd. 5 (as may be amended),the CITY agrees that the County,the State Auditor, the Legislative Auditor or any of their duly authorized representatives, at any time during normal business hours, and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of the CITY and involve transactions relating to this Agreement. Such materials shall be maintained and such access and rights shall be in force and effect during the period of the contract and for six (6)years after its termination or cancellation. 8. SUCCESSORS, SUBCONTRACTING AND ASSIGNMENTS The CITY binds itself, its partners, successors, assigns and legal representatives to the COUNTY in respect to all covenants, agreements and obligations contained in this Agreement. The CITY shall not assign, subcontract, transfer or pledge this Agreement and/or the services to be performed hereunder, whether in whole or in part, nor assign any monies due or to become due to it hereunder without the prior written consent of the COUNTY. The COUNTY consents to the CITY'S subcontracting of services under this Agreement to the Hamline University Center for Global'Environmental Education. Permission to subcontract, however, shall under no circumstances relieve the CITY of its liabilities and obligations under the Agreement. Further, the CITY shall be fully responsible for the acts, omissions, and failure of its subcontractors in the performance of the herein specified contractual services, and of person(s) directly or indirectly employed by subcontractors. Contracts between the CITY and each subcontractor shall require that the subcontractor's services be performed in accordance with the terms and conditions herein specified. A consent to assign shall be accomplished by execution of a form prepared by the COUNTY and signed by the CITY,the assignee and the COUNTY. 9. MERGER AND MODIFICATION a. It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. 5 Contract No:A040549 b. Any alterations, variations, modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties hereto. 10. DEFAULT AND CANCELLATION a. If the CITY fails to perform any of the provisions of this Agreement or so fails to administer the work as to endanger the performance of the Agreement, this shall constitute a default. Unless the CITY's default is excused by the COUNTY, the COUNTY may upon written notice immediately cancel this Agreement in its entirety. Additionally, failure to comply with the terms of this Agreement shall be just cause for the COUNTY for delaying payment until the CITY's compliance. In the event of a decision to withhold payment, the COUNTY shall furnish prior written notice to the CITY. b. Upon cancellation or termination of this Agreement, the CITY shall itemize any and all Incentive Fund expenditures up to the date of cancellation or termination and return such Incentive Funds not yet expended. c. Notwithstanding any provision of this Agreement to the contrary, the CITY shall not be relieved of liability to the COUNTY for damages sustained by the COUNTY by virtue of any breach of this Agreement by the CITY. Upon notice to the CITY of the claimed breach and the amount of the claimed damage, the COUNTY may withhold any payments to the CITY for the purpose of set-off until such time as the exact amount of damages due the COUNTY from the CITY is determined. Following notice from the COUNTY of the claimed breach and damage, the CITY and the COUNTY shall attempt to resolve the dispute hi good faith. d. The above remedies shall be in addition to any other right or remedy available to the COUNTY under this contract, law, statute,rule, and/or equity. e. The COUNTY's failure to insist upon strict performance of any provision or to exercise any right under this Agreement shall not be deemed a relinquishment or waiver of the same, unless consented to in writing. Such consent shall not constitute a general waiver or relinquishment throughout the entire term of the Agreement. f. This Agreement may be canceled with or without cause by either party upon thirty(30) days' written notice. 11. CONTRACT ADMINISTRATION In order to coordinate the services of the CITY with the activities of the Hennepin County Department of Environmental Services so as to accomplish the purposes of this 6 Contract No: A040549 Agreement, Carl Michaud, Solid Waste & Recycling Program Manager, or his or her successor, shall manage this Agreement on behalf of the COUNTY and serve as liaison between the COUNTY and the CITY. Leslie Stovring, Environmental Coordinator, who can be contacted at 952-949-8327 or lstovring@ci.eden-prairie.mn.us,shall manage the contract on behalf of the CITY. CITY may replace such person but shall immediately give written notice to the COUNTY of the name, phone number and email address (if available) of such substitute person and of any other subsequent substitute person. 12. COMPLIANCE a. The CITY shall comply with all applicable federal, state and local statutes, regulations, rules and ordinances in force or hereafter enacted. b. If the source or partial source of funds for payment of services under this Agreement is federal, state or other grant monies, CITY shall comply with all applicable conditions of the specific grant, attached hereto and incorporated herein. 13. PAPER RECYCLING The COUNTY encourages the CITY to develop and implement an office paper and newsprint recycling program. 14. NOTICES Any notice or demand which must be given or made by a party hereto under the terms of this Agreement or any statute or ordinance shall be in writing, and shall be sent registered or certified mail. Notices to the COUNTY shall be sent to the County Administrator with a copy to the originating Department at the address given in the opening paragraph of the Agreement. Notice to the CITY shall be sent to the address stated in the opening paragraph of the Agreement. 15. PROMOTIONAL LITERATURE CITY agrees that the terms "Hennepin County" or any derivative thereof shall not be utilized in any promotional literature, advertisements of any type or form or client lists without the express prior written consent of the COUNTY. 16. MINNESOTA LAWS GOVERN The Laws of the State of Minnesota shall govern all questions and interpretations concerning the validity and construction of this Agreement and the legal relations between the herein parties and performance under it. The appropriate venue and jurisdiction for any litigation hereunder will be those courts located within the County of Hennepin, State of Minnesota. Litigation, however, in the federal courts involving the 7 Contract No: A040549 herein parties will be in the appropriate federal court within the State of Minnesota. If any provision of this Agreement is held invalid, illegal or unenforceable, the remaining provisions will not be affected. THIS PORTION OF PAGE INTENTIONALLY LEFT BLANK 8 Contract No: A040549 COUNTY BOARD APPROVAL City of Eden Prairie having signed this contract, and the Hennepin County Board of Commissioners having duly approved this contract on the day of , , and pursuant to such approval,the proper County officials having signed this contract,the parties hereto agree to be bound by the provisions herein set forth. ATTEST: By: By: Deputy/Clerk of the County Board Chair of its County Board Date: Date: APPROVED AS TO FORM And: AND EXECUTION: Assistant/Deputy/County Administrator By: Date: Assistant County Attorney Date: And: Assistant County Administrator,Public Works and County Engineer Date: RECOMMENDED FOR APPROVAL By: Director,Dept. of Environmental Services Date: CITY OF EDEN PRAIRIE By: Its: And: Its: City organized under: Statutory Option A Option B Charter 9 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar October 5, 2004 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VI. J. Stuart A. Fox,Manager of Resolution Authorizing Disposal of Tax Parks &Natural Resources Forfeited Land Requested Action Move to: Adopt Resolution authorizing the disposal of one parcel of tax forfeited land. Synopsis The staff has been advised by Hennepin County Taxpayer Services of a parcel of tax forfeited land that was certified as Non Conservation on List 1141 NC. This parcel has been pronounced tax forfeit to the State of Minnesota for non-payment of property tax. Staff is recommending conveyance of this parcel within Lake Idlewild to the City. As provided in State Statue 282, Hennepin County has requested the City to make a recommendation as to the disposal of this land parcel. The City can either approve the parcel for public auction, approve the parcel for sale to an adjacent property owner,withhold the property from auction for one year, or request conveyance of the property to the City for a designated public use. The parcel of property is described as follows: PIN Description Pending Specials 14-116-22-12-0017 Outlot A,Anderson Idlewild Addition 0 Recommendation Staff has reviewed the parcel and recommends the following: This is a parcel of land that lies within Lake Idlewild. Since most of the adjacent land has been deeded to the City as part of the development process, or will be deeded in the future, staff s recommendation is that this land be claimed for public open space.It is also adjacent to a parcel of land that went tax forfeit earlier this year which the City has made application for conveyance from the State of Minnesota. Attachments Resolution Map CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. A RESOLUTION AUTHORIZING THE DISPOSAL OF TAX FORFEITED LAND WHEREAS, the City of Eden Prairie has received from the County of Hennepin Conservation/Non-Conservation List#1141 NC, which lists property in said municipality which have become property of the State of Minnesota for non payment of real estate taxes; and WHEREAS,provided in Minnesota Statute 282,the City Council is asked to determine the disposal of these parcels of land; and WHEREAS, the City can approve the parcels for public auction, or approve sale of the parcels to adjacent landowners,or request conveyance to the City for public use without monetary consideration, or request that the parcel be withheld from public auction for one year. NOW, THEREFORE, BE IT RESOLVED that the City of Eden Prairie does request the Board of Hennepin County to approve the disposal of this parcel in the following way: Parcel conveyed to the City of Eden Prairie for wetlands. PIN 14-116-22-12-0017 with no pending special assessments ADOPTED by the City Council of the City of Eden Prairie this 5th day of October, 2004. 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Community Prairie Pines Development/Planning Janet Jeremiah Scott A.Kipp Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for Planned Unit Development Concept Review on 5.09 acres; and • Approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Change from Rural to R1-13.5 on 5.09 acres; and • Adopt the Resolution for Preliminary Plat on 5.09 acres into 8 lots; and • Direct Staff to prepare a Development Agreement incorporating Staff and Board recommendations and Council conditions. • Authorize issuance of an early grading permit for Prairie Pines Synopsis This is for 8 single family lots. Community Planning Board Recommendation The Community Planning Board voted 8-0 to recommend approval of the project at its September 13, 2004 meeting. Background Information The proposal is to rezone the property from Rural to R1-13.5. The existing house will remain. The density of the project is 1.57 units per acre. All lots meet code requirements. Outlot A will be dedicated to the City to accommodate a future trail. Tree loss is 21%. Tree replacement is 60 caliper inches. Severe erosion was identified during the site evaluation by the City and the Watershed District and will require corrective action by the Developer or as a joint project between the City, Watershed District and Developer prior to grading of the property. City Council Agenda Public Hearings—Prairie Pines October 5,2004 Page 2 A Planned Unit Development waiver is required for the storm water pond to encroach 20 feet within a shore impact zone. This waiver is reasonable in exchange for land dedicated to the City to protect the creels and wetland areas. The plans have been revised according to the staff report. After review of the project by the Community Planning Board,Hennepin County submitted its comments regarding a deficiency in sight distance along Pioneer Trail at Crestwood Terrace, and indicated that a solution for this problem needs to take place(see attached letter). City staff will be meeting with the County this week to discuss potential interim solutions for the sight distance deficiency prior to second reading for the project. The developer is requesting authorization for issuance of an early grading permit so this work can begin prior to 2nd Reading for the project. Attachments 1. Resolution for PUD Concept Review 2. Resolution for Preliminary Plat 3. Letter from Hennepin County dated September 13,2004 4. Letter from Perry Ryan to Hennepin County dated September 28, 2004 5. Letter from Perry Ryan requesting early grading permit dated September 29, 2004 PRAIRIE PINES CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2004- A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF PRAIRIE PINES FOR EPIC DEVELOPMENT 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 September 13, 2004, on Prairie Pines by Epic Development 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 October 5, 2004. NOW, THEREFORE,BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. Prairie Pines, 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 September 28, 2004. 3. That the PUD Concept meets the recommendations of the Community Planning Board of September 13, 2004. ADOPTED by the City Council of the City of Eden Prairie this 5th day of October, 2004. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen A.Porta, City Clerk EXHIBIT A PUD Concept- Prairie Pines Legal Description: Tract F, Registered Land Survey No. 1410,Hennepin County,Minnesota PRAIRIE PINES CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2004- RESOLUTION APPROVING THE PRELIMINARY PLAT OF PRAIRIE PINES FOR EPIC DEVELOPMENT BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Prairie Pines for Epic Development stamp dated September 28, 2004, and consisting of 5.09 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 5th day of October,2004. • Nancy Tyra-Lukens,Mayor ATTEST: Kathleen A.Porta, City Clerk • Hennepin County Transportation Department Hennepin 1600 Prairie Drive 763-745-7500,Phone Medina,MN 55340-5421 763-478-4000,Fax 763-478-4030,TDD www.co.h en nepinrmn.us September 13,2004 • Mr.Michael D.Franzen,City Planner City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344-4485 Re:Preliminary Plat—Prairie Pines residential development SW quadrant of CSAH-1 (Pioneer Trail)/Crestwood Terrace Hennepin County Plat No.2836 Dear Mr.Franzen: This letter provides comments on the proposed Prairie Pines Preliminary Plat located in the southwestern quadrant of CSAH-1 (Pioneer Trail) and Crestwood Terrace. Minnesota Statutes 505.02, 505.03, and 462.358, Plats and Surveys, allow up to 30 days for county review of preliminary plats abutting county roads. The Plat Review Committee reviewed the above plat at its regular meeting on August 31,2004. In 2002 we reviewed a proposed site plan for this property. Hennepin County staff and City staff met with the property owner to discuss County concerns regarding additional traffic accessing CSAH-1. Hennepin County expressed concerns that the horizontal and vertical curvature of CSAH-1 made any additional use of Crestwood Terrace problematic. There was also discussion regarding traffic contributions from other nearby developments and possible cost splits for any improvements needed on CSAH-1. • Entering Sight Distance The County's normal practice is to review and evaluate the adjacent county roadway for intersection design and geometries when a preliminary plat is submitted. During the review of this preliminary plat, a sight distance deficiency was measured and documented for vehicles entering CSAH-1 from Crestwood Terrace(see attached survey sheet). It was found that the magnitude of the deficiency calls for corrective action. The sight distance survey found that the sight distance to the east from Crestwood Terrace is only 330 feet. The minimum allowable sight distance is ten times the speed limit-500 feet in this area(10 X 50=500 feet). The desirable sight distance is 700 feet,which is the dimension we design to in retrofit situations(see attached sight distance chart). Now that the sight distance deficiency has been verified and documented,we have an obligation to find a solution to this problem. Mitigation Alternatives for the Intersection Six alternatives were considered as we examined the sight distance problem: © Do Nothing It could be argued that one option would be to leave the intersection as it is currently configured since the new development only adds a few additional lots, and these will not generate a significant number of new trips. Given the hilly nature of CSAH-I,some individuals have also observed that other intersections in the area may also have sight distance deficiencies. Hennepin County cannot accept the Do Nothing alternative due to the magnitude of the problem. We believe that there is a legitimate concern and that the serious deficiency that must be corrected. An Equal Opportunity Employer Recycled Paper Mr.Michael D.Franzen,City Planner City of Eden Prairie September 13,2004 Page 2 of 3 6 Modify Intersection to Right-in/Right-out Since the sight distance issue principally affects northbound vehicles turning left from Crestwood Terrace or westbound vehicles turning left from CSAH-1, a modification that eliminates these movements yet supports right-in/right-out access still serves the adjacent subdivisions in a significant way. © Addition of Bypass/Turn Lanes on CSAH-1 While this alternative could potentially improve the safety of turning traffic from CSAH-1 to Crestwood Terrace, it would not address the entering sight distance problem noted above. Due to the severe vertical curvature,there remains a potential for crashes between westbound through vehicles and left turning vehicles. O Interim Construction on CSAH-1 to reduce the Hill This alternative would modify the vertical curvature on CSAH-1 as a means of obtaining the desirable entering sight distance at Crestwood Terrace. We believe the construction would be very expensive due to the magnitude of the needed changes. Also, with construction of the development anticipated early next year, a construction project would likely lag the development. The County does not have an active project in the area - this segment of CSAH-1 is identified in the County 5-Year Capital Improvements Program (CEP) as a "provisional project", which means that the project was included in the CEP subject to future approval for federal aid funding or in the event that additional state aid funds become available. Q Relocate Intersection of Crestwood Terrace It is possible that sight distances could be improved if Crestwood Terrace was shifted to the west. An example might be to connect to CSAH-1 off the proposed cul-de-sac in the vicinity of Lot 3. This strategy might provide for full access and could be used for an interim period until the existing intersection of Crestwood Ten ace is modified. O Close Crestwood Terrace This alternative may be the least desirable from the developer and City standpoint, however it would be a relatively low-cost solution. The City's concerns regarding emergency vehicle access could be handled using a surmountable type access similar to a number of other communities. It would add indirect travel for traffic to/from the development,. We realize that this is an issue where a small development is asked to carry the burden for substantial roadway improvements. Due to the complexity of the situation and the urgency of the matter,Hennepin County is willing to partner with both the City and the developer to remedy the problem. We are willing to participate financially to arrive at a fair sharing of costs. Right-of-Way Needs It is anticipated the future County roadway project may need some realignment changes(both vertical&horizontal). We support the 60-foot half right-of-way dedicated proposed by the preliminary plat. This will provide sufficient right-of-way for a future 4-lane divided roadway with an off-road trail(see attached typical section). Mr.Michael D.Franzen,City Planner City of Eden Prairie September 13,2004 Page 3 of 3 In Summary: If the preliminary plat proceeds as proposed,a tesokttiou to the sight distance issue must be reached We are willing to meet with the City to review and consider the above alternatives. If for some reason the preiininrny plot does not proceed;we intend to implement the following actions;1)Immediately improve signage on CSAH-1 through advisory speed signage and prohibitions of left turns at Crestwood Terrace,2) Discuss with the City the advisability of requesting Mn/DOT topetform a speed study on CSAH-1 in recognition of the poor sight distances,and 3)Work with the City to construct right-ha channelization at Crestwood Terrace. If you have any questions,please contact either Tom Johnson(763-745-7630)or Bob Byers(763-745-7633). Sincerely, James N.Grube,P.B. Director Transportation Department and County Engineer JNG/rgb Attachments: • Sight Distance Survey Evaluation • Sight Distance for Vehicles Entering County Roadways • 4-lane Urban Divided Typical Roadway Section cc: Plat Review Committee—Abene/Bander/Byers/Holtz/Johnson/Lindgren/Smrcka/Zetterstrom Alan Gray,Eden Prairie City Engineer TYPICAL SIGHT DISTANCE EVALUATION LEGEND LINE OF SIGHT K- 1 ' I t I 0 0 0 _---- — I I ' Indicates.sight distance available SIGHT DIST. LEFT 1 10 SIGHT DIST. RIGHT under present conditions at street intersections unless Conditions assume•1070mm(3_51)driver otherwise noted. eye height to'1300mm(4.27')object. • / r N 7-'> l J' y 47o I' i� ,- 4:1 /' / / j j / � ' , l�1�C- �--- '' /e ;k ' c,.i' �� , v,,,,...vc..„,,z- 4,./b 4c)te--(z.(51.4)7-14 e..- ALCt3111 {�ecl?r$ ie- TG2tG2"' SfGre• 7j1 }•,.rG 5 RECOMMENDED SIGHT DISTANCE TO ALLOW .VEHICLES TO ENTER SAFELY SPEED LIMIT 52, , A/ DISTANCE LEFT = 740 SIGHT DISTANCE SURVEY /SQ/ice 0./.7"R.,_ DISTANCE RIGHT = 700 I HENN.. Co., MINN. 61751'/-7 / g '/a,---,, .1 7` .2. -cE= HENNEPIN COUNTY TRANSPORTATION SYSTEMS PLAN(HC-TSP) Minimum Safety Sight Distance Guidelines The minimum entering sight distance guidelines of 10 times the speed will be used for extreme circumstances where desirable entering sight distances cannot be met and access off a county road is necessary. The minimums are to afford a minimum level of safety. No new accesses will be allowed, and no entrance permits will be issued for proposed entrances that do not meet this basic minimum criterion, but rather a partnership approach with communities and property owners would be used to develop a safe, acceptable solution. Exhibit 7-9 below summarizes the minimum, desirable, and major new construction sight distances. Exhibit 7-9 Summary of Sight Distances for Vehicles Entering County Roadways Desirable MnDOT Minimum Driveways and Street Road Design Manual Entering Entrances Practice Sight Distance (existing & minor (major new construction) construction) 10X Speed Site Site Speed Limit Distance to Distance to Distance to Right and Left (MPH) (ft) Left {ft} Right(ft) Street Entrance (ft) 30 300 350 300 410 35 350 440 350 540 40 400 530 440 670 45 450 635 570 835 50 500 740 700 1,030 55 550 845 875 1,280 60 600 950 1,050 1,540 Chapter-7 Access Management Page 7-18 4 LANE URBAN • DIVIDED FUNCTION CLASS:MOM ARTERIALS • E, PROJ.AOT VOWMES:8,000-25,000 AOT SPEED:35-45 MPH *RIGHT-OF-WAY (R•W) I. LINE 2 BASIC I 55 I . 0 ROADWAY IrI fi i rir tr iT I ,r I ,r I 2. 1 to 1_r CURRENT =-4— =°1= •" TYPICAL tL'n DESIGN tET TURN I ULNER i Gunn ( +—CURB&GUTT 1 SIGNS,ABOVE GROUND UUUT1Es DRIVING LANE DRIVING LANE MINING LANEOPERATIONAL I AND FIXID OBJECTS. LP CLEAR 201,E A , COMPATAB q LINE ROADWAY LE i i rI Iz Ir I IT I ,r 1 G I2'I to. I r I T .. M ' ---- M i tEFr I n' tttEJI I f 1 �—CURB&GUTIER! 1 Won OUTER SNOWIER �sIGNS,ABOVE GROUND UDLMES nDRIVING LAN RM E DNO LANE DRIVING LANE e I OPERATt0t1AL I AND FIXED OBJECTS. C CLEAR ZONE r. = K III LL MULTI-USE I • r PATH Iz•I v Iz'It• ,z 1 ,r I u I IrI r IrI m IzI 4' I � {) ADJACENT TO R 1 M 11 0 f h 1 1 I -! o ROADWAY LEFT TURN INNER OUTER CURB MULTI-USE PAIR /! �aBOVE GROUND UTIUI1ES mums LANE DRIVING LANE DRIVING LANE GURFR BIKE OBSTACLE J0 FIXED OOJECiS. • FREE ZONES C) RAN L'a FULL q f tOCLEARAZONEL tzi UNE ACCOMMODATION I ES ( ._• IrI 0' I2' I1 it' I it I tr I E' it IrI IrI ILK I rlri Por ..... C R-- 1 il 4:1r i. '--3,..M.- —=9-11=1 I I f KM-use PAW ABOVE CRONIO MUMSLEFT TRIMI11NE11 OUTER MOULDED MO MID S7JIC:. y DRIVING LANE DRIVING LANE DRIVING LANE BIKE OBSTACLE O FREE ZONES 'ROADWAY COlRRUNE IS Nat IIIE SAME Ai TILE AMIA4 CORERUIIE SORE 0NSHOWII 1 ,r OPEMTi011AL ( a ORIGINAL JANUARY 1990 °Ecnon s MT two,ADC 11A SIM LMIO CLEAR ZONE REVISED:JANUARY 1997 FIGURE 6.5 Ryai<71 Engineering LAND DEVELOPMENT SERVICES 434 Lake Street Excelsior.MN 55331 September 28,2004 Tel 952-380-5000 Fax 952-380-5010 Mr.James N.Grube, P.E.,County Engineer www ryanenginecring corn Mr. Tom Johnson Hennepin County Transportation Department 1600 Prairie Drive Medina,MN 55340-5421 Re: Prairie Pines Eden Prairie,MN Dear Gentleman: We are in receipt of the letter dated 9/13/04 to Mr.Michael Franzen,with the City of Eden Prairie Planning Department regarding the above referenced project. We would like to meet with you and/or your staff at your earliest convenience,along with City of Eden Prairie representatives,to discuss the options put forth in your letter. The status of the project is that it has gained Preliminary Approval from the Community Planning Board and is scheduled for the 10/5/04 City Council meeting. If you have any questions or further information is required,please contact our office. Sincerely, RYAN -r GINEERIN ., PAC. ___ 6 Perry M. yan, P President Enclosures Cc: Mr. Rich Ragatz . Sep 29 04 12: 48p RYAN ENGINEERING 9523805010 p. 1 ../..111111117 714-Avan ;. Engineering LAND DEVELOPMENT SERVICES -F3 f Lake Street Excelsiui MN 55331 Tel 952-380-5000 Fax 952-380-50I0 September 28,2004 wvtiaryanengincering coin Mr. Scott Kipp Community Development FAXED TO 952-949-8392 City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55433 Re: Prairie Pines Eden Prairie,MN Dear Scott: On behalf of Epic Development,LLC,please accept this as a formal request for an early grading permit at the above referenced project. Due to the seasonal demands to complete grading and hopefully complete this project yet this year,we respectfully ask for this permit after the first City Council reading. If you have any questions or further information is required,please contact our office. Sincerely, RYAN EN EERING,INC erry M.Ryad,P.E. President Enclosures Cc: Mt Rich Ragatz CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims October 5, 2004 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII. Sue Kotchevar, Office of the Payment of Claims City Manager/Finance Requested Action Move to: • Approve the Payment of Claims as submitted(roll call vote) Synopsis • Checks 134061 - 134680 • Wire Transfers 2102-2111 • Background Information Attachments City of Eden Prairie Council Check Summary 10/5/2004 Division Amount General 61,145 100 City Manager 851 101 Legislative 1,328 102 Legal Counsel 29,273 110 City Clerk 44,733 111 Customer Service 28,439 112 Human Resources 1,685 113 Communication Services 4,365 114 Benefits&Training 1,288 115 Risk Management 809 116 Facilities 10,121 117 City Center 42,909 130 Assessing 15 131 Finance 235 132 Social Services 2,773 133 Community Development 315 135 Information Technology 2,598 136 Wireless Communication 4,996 137 Economic Development 4,321 150 Park Administration 505 151 Park Maintenance 27,460 153 Athletic Programs 3,005 154 Community Center 25,753 156 Youth Programs 445 157 Special Events 3,545 158 Senior Center 1,345 160 Therapeutic Recreation 362 161 Oak Point Pool 302 162 Arts 3,251 163 Outdoor Center 840 164 Park Rental Facilities 1,969 180 Police 13,335 183 Civil Defense 2,929 184 Fire 18,262 186 Inspections 195 200 Engineering 1,274 201 Street Maintenance 20,917 202 Street Lighting 50,751 203 Fleet Services 28,046 301 CDBG 59,575 303 Cemetary Operation 8 304 Senior Board 238 308 E-911 1,996 502 Park Development 5,626 503 Utility Improvement 19,697 506 Improvment Bonds 1996 22,444 507 Construction Fund 39,238 509 CIP Fund 231,707 511 Construction Fund 435,719 513 CIP Pavement Management 2,090 601 Prairie Village Liquor 90,601 602 Den Road Liquor 152,086 603 Prairie View Liquor 89,239 605 Den Road Building 843 701 Water Fund 160,784 702 Sewer Fund 6,137 703 Storm Drainage Fund 10,611 803 Escrow Fund 53,479 806 SAC Agency Fund 31,050 807 Benefits Fund 347,575 Report Totals 2,207,429 City of Eden Prairie Council Check Register 10/5/2004 Check# Amount Vendor/Explanation Account Description Business Unit 2102 491 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Services 2103 70,437 MINNESOTA DEPT OF REVENUE Skate Sharpening Ice Arena 2104 10,165 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 2105 15,211 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund 2106 24,653 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits 2107 367 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits 2108 2,213 WELLS FARGO MINNESOTA N A Benefit payments Health and Benefits 2109 127,087 WELLS FARGO MINNESOTA N A Benefit payments Health and Benefits 2110 10,153 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 2111 15,211 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund 134061 156 ACE ICE COMPANY Misc Non-Taxable Prairie View Liquor Store 134062 107 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Den Road Liquor Store 134063 461 ARCTIC GLACIER INC Misc Non-Taxable Den Road Liquor Store 134064 3,750 BELLBOY CORPORATION Operating Supplies Prairie Village Liquor Store 134065 170 BRW ENTERPRISES Beer Den Road Liquor Store 134066 8,136 DAY DISTRIBUTING Wine Domestic Den Road Liquor Store 134067 2,612 EAGLE WINE COMPANY Wine Domestic Den Road Liquor Store 134068 12,286 EAST SIDE BEVERAGE COMPANY Beer Den Road Liquor Store 134069 341 GRAPE BEGINNINGS Wine Domestic Den Road Liquor Store 134070 12,946 GRIGGS COOPER&CO Liquor Den Road Liquor Store 134071 1,178 HOHENSTEINS INC Beer Den Road Liquor Store 134072 25,236 JOHNSON BROTHERS LIQUOR CO Liquor Prairie View Liquor Store 134073 9,179 MARK VII Beer Prairie View Liquor Store 134074 361 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store 134075 2,789 PAUSTIS&SONS COMPANY Beer Den Road Liquor Store 134076 8,216 PHILLIPS WINE AND SPIRITS INC Wine Domestic Prairie View Liquor Store 134077 568 PINNACLE DISTRIBUTING Misc Non-Taxable Prairie Village Liquor Store 134078 4,067 PRIOR WINE COMPANY Wine Domestic Den Road Liquor Store 134079 15,313 QUALITY WINE&SPIRITS CO Liquor Prairie View Liquor Store 134080 9,196 THORPE DISTRIBUTING Beer Prairie View Liquor Store 134081 1,399 WINE COMPANY,THE Wine Domestic Den Road Liquor Store 134082 2,499 WINE MERCHANTS INC Wine Imported Den Road Liquor Store 134083 841 WORLD CLASS WINES INC Wine Domestic Den Road Liquor Store 134084 240 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events 134085 709 ARCH PAGING Pager&Cell Phone Wireless Communication 134086 54 BFI Other Contracted Services Special Initiatives 134087 178 CHOICE INC Other Contracted Services Prairie Village Liquor Store 134088 15 CITY OF ST MICHAEL Conference Expense- Finance 134089 699 CORPORATE EXPRESS Office Supplies Housing,Trans,&Human Sery 134090 519 DE LAGE LANDEN FINANCIAL SERVI Other Rentals General 134091 225 EDEN PRAIRIE CHAMBER OF COMMER Miscellaneous In Service Training 134092 261 FLYING CLOUD ANIMAL HOSPITAL Canine Supplies Police 134093 2,333 GENERAL GROWTH Building Rental CDBG Fund 134094 30 HAPPY FACES Other Contracted Services Special Initiatives 134095 170 IAFCI MINNESOTA Tuition Reimbursement/School Police 134097 70 KRESS,CARLA Mileage&Parking Senior Center Administration 134098 22,212 LEAGUE OF MINNESOTA CITIES Dues&Subscriptions City Clerk 134099 295 MANOR CONCRETE Deposits Escrow 134100 591 METRO PAVING Deposits Escrow 134101 30,740 METROPOLITAN COUNCIL Due to Other Governments SAC Agency Fund 134102 75 MINNESOTA KITE SOCIETY Other Contracted Services Special Initiatives 134103 5,107 MINNESOTA STATE TREASURER Building Surcharge General Fund 134104 20 MN FALL MAINTENANCE EXPO Conference Expense Park Maintenance 134105 425 NASRO Tuition Reimbursement/School Police 134106 6 PARTY AMERICA Operating Supplies Special Initiatives 134107 77 PETSMART Canine Supplies Police 134108 64 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Services 134109 937 QWEST Telephone Wireless Communication 134110 65 SCOTT COUNTY COURT SERVICES Tuition Reimbursement/School Police 134111 200 STROHMYER,TOM Other Contracted Services Special Initiatives 134112 405 PETTY CASH Mileage&Parking City Council 134113 150 10,000 LAKES CHAPTER OF ICC Tuition Reimbursement/School Fire 134114 165 AMERICAN PAYROLL ASSN Dues&Subscriptions Finance Check# Amount Vendor/Explanation Account Description Business Unit 134115 3,295 ASPEN WASTE SYSTEMS INC. Waste Disposal Fire Station#3 134116 772 AUDRAIN,FRANK Facility Rentals Ice Arena 134117 1,385 BACHMANS CREDIT DEPT Other Contracted Services City Hall-CAM 134118 974 BLOOMINGTON SECURITY SOLUTIONS Building Repair&Maint. Water Treatment Plant 134119 40 BOLD,PAULINE Instructor Service Outdoor Center 134120 130 CAMPOS,LORI Instructor Service Outdoor Center 134121 10 CENTERPOINT ENEGY Gas Utility Improvement Fund 134122 135,850 COMMERCIAL REFRIGERATION SYSTE Building Capital Impr./Maint.Fund 134123 332 CRAMER BUILDING SERVICES Building Repair&Maint. City Hall-CAM 134124 328 CUB FOODS EDEN PRAIRIE Operating Supplies Fire 134125 37 CULLIGAN BOTTLED WATER Operating Supplies Fire 134126 287 DARTNELL CORPORATION,THE Dues&Subscriptions Water Utility-General 134127 177 DE LAGE LANDEN FINANCIAL SERVI Other Rentals Fire 134128 50 EDEN PRAIRIE NEWS Dues&Subscriptions Water Utility-General 134129 109 EGAN-MCKAY ELECTRICAL CONTRACT Building Repair&Maint. City Hall-CAM 134130 4,414 ELAN FINANCIAL SERVICES Conference Expense City Council 134131 30 FOSTER,MARJORIE Program Fee Classes/Programs/Events 134132 1,340 GOPHER STATE ONE-CALL INC Other Contracted Services Water System Maintenance 134133 68 HARIG,JOIN Lessons&Classes Ice Arena 134134 129 HODGES BADGE COMPANY INC Operating Supplies Sunbonnet Days 134135 20 LEAGUE OF MINNESOTA CITIES Dues&Subscriptions City Council 134136 85 MENARDS Repair&Maint.Supplies Fire 134137 8,113 MIDWEST PLAYSCAPES Other Assets Capital Impr./Maint.Fund 134138 39,655 MINNEAPOLIS CONCRETE SAWING& Building Capital Impr./Maint.Fund 134139 23 MINNESOTA POLLUTION CONTROL AG Licenses&Taxes Sewer Utility-General 134140 60 NORTH MEMORIAL HEALTH CARE Licenses&Taxes Water Treatment Plant 134141 48 POKORNY COMPANY Equipment Parts City Hall-CAM 134142 201 RICHARDSON,JIM Mileage&Parking Engineering 134143 14 STAR TRIBUNE Dues&Subscriptions Prairie View Liquor Store 134144 19,443 STEVENS ENGINEERS Building Capital Impr./Maint.Fund 134145 220 TIME WARNER CABLE Operating Supplies Fire 134146 2,987 TRANSPORT GRAPHICS Operating Supplies Fire 134147 7,191 XCEL ENERGY Electric Water Treatment Plant 134148 80 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center 134149 46 ADZICK,GEORGE Program Fee Classes/Programs/Events 134150 130 ASPEN WASTE SYSTEMS INC. Waste Disposal Den Road Liquor Store 134151 171 AT&T Pager&Cell Phone Police 134152 119 BYRNES,CYNTHIA Lessons&Classes Ice Arena 134153 195 CASSIDY,BRIANA Parking Permits Parking 134154 1,800 DAKOTA COUNTY TECHNICAL COLLEG Tuition Reimbursement/School Fire 134155 142 DAMA-MP INC Building Capital Impr./Maint.Fund 134156 92 DOLLERSCHELL,JOHN Program Fee Classes/Programs/Events 134157 25 EDEN PRAIRIE NEWS Dues&Subscriptions Senior Center Administration 134158 54 EVENSTAD,LORI Lessons&Classes Ice Arena 134159 91 GE CAPITAL Other Rentals General 134160 21,321 HENNEPIN COUNTY TREASURER Land Improvement Projects 1996 134161 552 ITALIAN CAFE,THE Special Event Fees Classes/Programs/Events 134162 46 MARQUARDT,ESTIIER Program Fee Classes/Programs/Events 134163 15 MASS Dues&Subscriptions Classes/Programs/Events 134164 92 MCCARTHY,BOB Program Fee Classes/Programs/Events 134165 21,751 MINNESOTA DEPT OF HEALTH Miscellaneous Water System Sample 134166 15 MINNESOTA MUNICIPAL BEVERAGE A Conference Expense Finance 134167 98 PETTY CASH-EPCC Mileage&Parking Community Center Admin 134168 3,000 POSTAGE BY PHONE RESERVE ACCOU Postage General 134169 1,650 QWEST Telephone City Hall-CAM 134170 1,056 QWEST COMMUNICATIONS Pager&Cell Phone Police 134171 365 SPRINT Software Maintenance Information Technology 134172 14 STATE OF MINNESOTA Operating Supplies Fleet Services 134173 9 TIME WARNER CABLE Cable TV Fire 134174 298 VERIZON WIRELESS BELLEVUE Pager&Cell Phone Fire 134175 15 WELLS FARGO BROKERAGE SERVICES Conference Expense Finance 134176 143,761 XCEL ENERGY Electric Street Lighting 134177 156 ACE ICE COMPANY Misc Non-Taxable Prairie View Liquor Store 134178 71 AMERIPRIDE LINEN&APPAREL SER Repair&Maint Supplies Den Road Liquor Store 134179 294 ARCTIC GLACIER INC Misc Non-Taxable Den Road Liquor Store 134180 4,845 BELLBOY CORPORATION Operating Supplies Prairie View Liquor Store 134181 530 D'VINE WINE DISTRIBUTORS Wine Imported Prairie Village Liquor Store Check 4 Amount Vendor/Explanation Account Description Business Unit 134182 6,021 DAY DISTRIBUTING Beer Prairie View Liquor Store 134183 1,656 EAGLE WINE COMPANY Wine Imported Prairie View Liquor Store 134184 10,392 EAST SIDE BEVERAGE COMPANY Beer Prairie View Liquor Store 134185 332 EXTREME BEVERAGE Misc Taxable Den Road Liquor Store 134186 87 GETTMAN COMPANY Misc Taxable Prairie View Liquor Store 134187 359 GRAND PERE WINES INC Wine Imported Den Road Liquor Store 134188 1,439 GRAPE BEGINNINGS Wine Domestic Prairie View Liquor Store 134189 7,592 GRIGGS COOPER&CO Misc Taxable Prairie View Liquor Store 134191 17,948 JOHNSON BROTHERS LIQUOR CO Liquor Prairie View Liquor Store 134192 19,034 MARK VII Misc Non-Taxable Prairie View Liquor Store 134193 286 MASS BAR-MATE CORP Misc Taxable Den Road Liquor Store 134194 947 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store 134195 4,228 NEW FRANCE WINE COMPANY Wine Domestic Den Road Liquor Store 134196 272 PACIFIC DIRECT Misc Taxable Den Road Liquor Store 134197 6,335 PAUSTIS&SONS COMPANY Wine Domestic Prairie View Liquor Store 134198 9,104 PHILLIPS WINE AND SPIRITS INC Transportation Den Road Liquor Store 134199 491 PINNACLE DISTRIBUTING Operating Supplies Prairie View Liquor Store 134200 2,135 PRIOR WINE COMPANY Wine Domestic Prairie View Liquor Store 134201 8,758 QUALITY WINE&SPIRITS CO Liquor Prairie View Liquor Store 134202 268 SPECIALTY WINES AND BEVERAGES Wine Imported Den Road Liquor Store 134203 20,723 THORPE DISTRIBUTING Beer Prairie View Liquor Store 134204 2,007 WINE MERCHANTS INC Wine Domestic Prairie View Liquor Store 134205 1,034 WORLD CLASS WINES INC Misc Taxable Prairie View Liquor Store 134206 103,145 AMERICAN LIBERTY CONSTRUCTION, Other Contracted Services Construction Fund 134207 3,975 AMERICAN TRAINCO Conference Expense Water Treatment Plant 134208 525 BROWN,PAUL Other Contracted Services Park Facilities 134209 146 CARNEY,SHANNON Program Fee Preschool Events 134210 145 COMMUNITY HEALTH CHARITIES United Way Withheld General Fund 134211 45 CORPORATE MECHANICAL Cash Over/Short General Fund 134212 146 CURRY,YADIRA Program Fee Preschool Events 134213 132 D'AMICO AND SONS Miscellaneous Elections 134214 368 EDEN PRAIRIE WINLECTRIC Other Contracted Services Round Lake 134215 392 EMERGENCY AUTOMOTIVE TECHNOLOG Equipment Parts Fleet Services 134216 307 ESCHELON TELECOM INC Equipment Repair&Maint Telephone 134217 350 FAHEY,LARRY Other Contracted Services Special Initiatives 134219 158 GERTZ,JOHN Operating Supplies Sunbonnet Days 134220 500 HEMKER WILDLIFE PARK Other Contracted Services Special Initiatives 134221 308 HENNEPIN COUNTY PUBLIC RECORDS Other Contracted Services Engineering 134222 139 INT'L FIRE PROTECTION Fire Prevention Permits General Fund 134223 1,620 INTERNATIONAL UNION OF OPERATI Union Dues Withheld General Fund 134224 10 LAKESIDE PLUMBING Cash Over/Short General Fund 134225 12 MARSHALL,ARLENE Program Fee Classes/Programs/Events 134226 2,132 MINN CIIILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund 134227 7,245 MINNEAPOLIS CONCRETE SAWING& Building Capital Impr./Maint.Fund 134228 475 MINNESOTA RECREATION&PARK AS Conference Expense Parks Administration 134229 87 MN MAINTENANCE EQUIPMENT INC Operating Supplies Park Maintenance 134230 217 NCPERS GROUP LIFE INSURANCE Life Insurance EE/ER General Fund 134231 90 NOISE Conference Expense Community Development 134232 68 NOKES,JAMES Program Fee Fall Skill Development 134233 200 PETTY CASH-SANDY WERTS Petty Cash&Change Funds General Fund 134234 1,200 POP WAGNER INC Other Contracted Services Special Initiatives 134235 15 POPPITZ CONSTRUCTION Cash Over/Short General Fund 134236 136 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Services 134237 203 PROP United Way Withheld General Fund 134238 79 QUICKSILVER EXPRESS COURIER Postage Fire 134239 3,418 RELIASTAR LIFE INSURANCE CO Disability Ins Employers Health and Benefits 134240 345 SCHARBER&SONS Equipment Parts Fleet Services 134241 5,368 STANDARD INSURANCE CO Life Insurance EE/ER Health and Benefits 134242 3,168 STEVENS ENGINEERS Building Capital Impr./Maint.Fund 134243 120 SUSA Conference Expense Water Utility-General 134244 300 TPCB INC Dues&Subscriptions Engineering 134245 234 UNITED WAY United Way Withheld General Fund 134246 12 WITTENBERG,MARIE Program Fee Classes/Programs/Events 134247 90 ABRAIRA,DANIEL CARLOS Wages No Benefits Elections 134248 45 AFFOLTER,DONALD Wages No Benefits Elections 134249 81 ALFINITO,JOIIN Wages No Benefits Elections 134250 183 AMUNDSON,LONDA Wages No Benefits Elections Check# Amount Vendor/Explanation Account Description Business Unit 134251 192 ANDERSON,BETTY Wages No Benefits Elections 134252 81 ANDERSON,BETTY J Wages No Benefits Elections 134253 90 ANDERSON,JANELLE Wages No Benefits Elections 134254 90 ANDERSON,KENNETH Wages No Benefits Elections 134255 18 ANDERSON,RITA Wages No Benefits Elections 134256 90 AUTIO,NANCY J Wages No Benefits Elections 134257 187 BAKER,LISA SMITH Wages No Benefits Elections 134258 189 BARTOLETT,JUDITH Wages No Benefits Elections 134259 185 BEAUVAIS,BERNADINE Wages No Benefits Elections 134260 54 BERG,KENNETH Wages No Benefits Elections 134261 77 BLY,PHILIP M Wages No Benefits Elections 134262 45 BOATMAN,LESTER Wages No Benefits Elections 134263 151 BOEHNE,GORDON Wages No Benefits Elections 134264 154 BOEHNE,JOANN D Wages No Benefits Elections 134265 90 BOHLIG,PAUL Wages No Benefits Elections 134266 83 BOLAND,JANET M Wages No Benefits Elections 134267 182 BOLLER,DONNA M Wages No Benefits Elections 134268 185 BOLLWEG,NANCY Wages No Benefits Elections 134269 81 BRENNER,KATHRYN Wages No Benefits Elections 134270 45 BRINK,LAUREY Wages No Benefits Elections 134271 95 BRYNDAL,MARY ANNE Wages No Benefits Elections 134272 52 BUDKE,C GEORGE Wages No Benefits Elections 134273 158 BULL,ERIC Wages No Benefits Elections 134274 41 BYERS,JOYCE Wages No Benefits Elections 134275 46 CANAKES,EILEEN Wages No Benefits Elections 134276 81 CANTIN,RODNEY Wages No Benefits Elections 134277 54 CARL,KAREN Wages No Benefits Elections 134278 41 CARLSON,JOHN R Wages No Benefits Elections 134279 180 CLARK,FAY Wages No Benefits Elections 134280 90 COFER,MARVIN Wages No Benefits Elections 134281 72 COFER,WAIILETHA Wages No Benefits Elections 134282 68 CONBOY,NANCY Wages No Benefits Elections 134283 54 CONNORS,MARGE Wages No Benefits Elections 134284 47 CONNORS,PETE Wages No Benefits Elections 134285 41 CUTHILL,CAROLYN Wages No Benefits Elections 134286 160 DALY,JANE Wages No Benefits Elections 134287 110 DAVIS,MARY B Wages No Benefits Elections 134288 81 DAWE,ROBIN Wages No Benefits Elections 134289 178 DIEDE,MIKE Wages No Benefits Elections 134290 50 DILLING,LORRAINE Wages No Benefits Elections 134291 76 DOAN,CAN C Wages No Benefits Elections 134292 192 DOCTER,GRETCHEN K. Wages No Benefits Elections 134293 180 DOLLERSCHELL,JOHN Wages No Benefits Elections 134294 90 DORR,GRETCHEN Wages No Benefits Elections 134295 149 DUFFY,JOHN Wages No Benefits Elections 134296 86 DWORAK,MARTHA Wages No Benefits Elections 134297 126 EGGEBRECHT,WANDA Wages No Benefits Elections 134298 112 EIDE,JANE Wages No Benefits Elections 134299 90 ELLIOTT,YING Wages No Benefits Elections 134300 95 ELLISON,CAROL E Wages No Benefits Elections 134301 90 ELLISON,LORETTA M Wages No Benefits Elections 134302 77 ENGELSTAD,CALVIN Wages No Benefits Elections 134303 90 FIFIELD,DOROTHY Wages No Benefits Elections 134304 188 FITZSIMMONS,MARGARET Wages No Benefits Elections 134305 121 FRISVOLD,CHERI Wages No Benefits Elections 134306 79 GARST,RUTH Wages No Benefits Elections 134307 77 GHERITY,MARJORY Wages No Benefits Elections 134308 169 GILBERT,GORDON Wages No Benefits Elections 134309 107 GILBERT,JUNE Wages No Benefits Elections 134310 90 GJERSVIK,CAROL Wages No Benefits Elections 134311 79 GOLDMAN,KRISTINE Wages No Benefits Elections 134312 92 GRANDE,CARL Wages No Benefits Elections 134313 63 GRIER,RALPH Wages No Benefits Elections 134314 41 GROTH,MAUREEN Wages No Benefits Elections 134315 90 HAAS,GERALD Wages No Benefits Elections 134316 90 HAAS,RHODA C Wages No Benefits Elections 134317 91 HANSEN,JOHN Wages No Benefits Elections Check 4 Amount Vendor/Explanation Account Description Business Unit 134318 176 HANSEN,KERMIT P Wages No Benefits Elections 134319 91 HANSON,JUNE Wages No Benefits Elections 134320 95 HANSON,RUSSELL W Wages No Benefits Elections 134321 176 HARRIS,MARCY Wages No Benefits Elections 134322 154 HAWKINS,GLENDA Wages No Benefits Elections 134323 70 HEDBERG,SUSAN Wages No Benefits Elections 134324 95 HEINRICH,JACQUELINE Wages No Benefits Elections 134325 45 HIGGINS,ROBERT Wages No Benefits Elections 134326 50 HOFSTEDT,CARLY Wages No Benefits Elections 134327 81 HOLLINGSWORTH,KAREN Wages No Benefits Elections 134328 90 HOOD,CHARLOTTE Wages No Benefits Elections 134329 54 HOWDEN,ARLENE Wages No Benefits Elections 134330 174 ISMAIL,ISMAIL A Wages No Benefits Elections 134331 47 JOHNSON,EULA Wages No Benefits Elections 134332 90 JOYCECHILD,LISA DE\WEY Wages No Benefits Elections 134333 90 JUSTUS,GORDON Wages No Benefits Elections 134334 38 KADIESKY,JANICE Wages No Benefits Elections 134335 158 KALLENBACH,DONALD Wages No Benefits Elections 134336 36 KARLBERG,MARY Wages No Benefits Elections 134337 81 KELLY,J ROBERT Wages No Benefits Elections 134338 81 KEMPER,MARILYN A Wages No Benefits Elections 134339 90 KLEVEN,GRACE Wages No Benefits Elections 134340 27 KNIGHT,JOEL Wages No Benefits Elections 134341 77 KRAUSE,DOLORES Wages No Benefits Elections 134342 95 KRAUSE,JUDY Wages No Benefits Elections 134343 77 KRUEGER,MARK Wages No Benefits Elections 134344 171 KUCH,BONNIE VEVERKA Wages No Benefits Elections 134345 77 LAFRENZ,JODEEN Wages No Benefits Elections 134346 92 LAWLESS,RUTH Wages No Benefits Elections 134347 81 LEASURE,JAN Wages No Benefits Elections 134348 90 LEGLER,HERBERT Wages No Benefits Elections 134349 90 LEGLER,MARILYN Wages No Benefits Elections 134350 90 LEVI-MCLOUDEN,GAYLE Wages No Benefits Elections 134351 77 LITTLE,NANCY Wages No Benefits Elections 134352 95 LOOMIS,MAJORIE Wages No Benefits Elections 134353 79 LUNDQUIST,JOIN Wages No Benefits Elections 134354 77 MACDONALD,ELAINE Wages No Benefits Elections 134355 81 MACMILLAN,GENEVA Wages No Benefits Elections 134356 155 MADDY,VICKI Wages No Benefits Elections 134357 158 MAJERUS,GEORGIA Wages No Benefits Elections 134358 86 MALLO,JOHN E Wages No Benefits Elections 134359 181 MANNING,JODY Wages No Benefits Elections 134360 77 MARTINSON,LYDIA Wages No Benefits Elections 134361 36 MATTHEIS,DUANE Wages No Benefits Elections 134362 81 MCKELVEY,MARY Wages No Benefits Elections 134363 113 MEEHAN,ANN Wages No Benefits Elections 134364 95 MEESE,MARILYN Wages No Benefits Elections 134365 83 MEISSNER,LOIS A. Wages No Benefits Elections 134366 95 MERRIMAN,FRANCIS Wages No Benefits Elections 134367 45 MEUWISSEN,ANDREW Wages No Benefits Elections 134368 68 MICHLIN,JACLYN Wages No Benefits Elections 134369 171 MILLBERG,CHUCK Wages No Benefits Elections 134370 88 MILLER,JAMES W. Wages No Benefits Elections 134371 81 MILLER,THERESE Wages No Benefits Elections 134372 36 MONSON,CLARENCE Wages No Benefits Elections 134373 149 MORSHARE,ROBERT N Wages No Benefits Elections 134374 90 MORSHARE,ROSEMARY Wages No Benefits Elections 134375 81 MOSER,BERNADINE Wages No Benefits Elections 134376 41 MUNSON,LOIS Wages No Benefits Elections 134377 81 MURRAY,MARY SUE Wages No Benefits Elections 134378 153 MYERS,JEAN Wages No Benefits Elections 134379 124 NEILSON,JANET Wages No Benefits Elections 134380 153 NELSON,CAROLINE Wages No Benefits Elections 134381 90 NELSON,DONALD A Wages No Benefits Elections 134382 173 NICHOLSON,KAY Wages No Benefits Elections 134383 119 NIERMAN,MARY Wages No Benefits Elections 134384 86 NIPPER,VICTORIA E Wages No Benefits Elections Check# Amount Vendor/Explanation Account Description Business Unit 134385 68 NONDORF,RICK Wages No Benefits Elections 134386 185 NORMAN,KAREN Wages No Benefits Elections 134387 45 O'LEARY,JOAN Wages No Benefits Elections 134388 81 OFTELIE,SUE Wages No Benefits Elections 134389 86 OLSON,GORDON Wages No Benefits Elections 134390 81 OLSON,JANET Wages No Benefits Elections 134391 54 OSTENSON,JACKIE Wages No Benefits Elections 134392 50 OSTERGAARD,JANE Wages No Benefits Elections 134393 95 OTTUM,BEVERLY Wages No Benefits Elections 134394 54 PELTON,DEAN Wages No Benefits Elections 134395 192 PETERS,JOHN T Wages No Benefits Elections 134396 108 PITZRICK,DEBORAH A Wages No Benefits Elections 134397 64 PIUMBROECK,LARRY Wages No Benefits Elections 134398 90 POLING,CHERYL Wages No Benefits Elections 134399 90 PRALLE,KAY Wages No Benefits Elections 134400 47 PRATT,SUSAN L. Wages No Benefits Elections 134401 32 PROOPS,RICHARD Wages No Benefits Elections 134402 81 RAITCH,NORMA Wages No Benefits Elections 134403 90 RAKOCY,HOLLY Wages No Benefits Elections 134404 72 RAMUNNO,JANE Wages No Benefits Elections 134405 180 RANNOW,JIM Wages No Benefits Elections 134406 90 RENK,BERNARD J Wages No Benefits Elections 134407 162 RISCHMILLER,DAWN Wages No Benefits Elections 134408 90 ROGERS,KAREN Wages No Benefits Elections 134409 72 ROSE,KYLE Wages No Benefits Elections 134410 81 RUGGLES,DY-ANNA Wages No Benefits Elections 134411 45 SCHAITBERGER,BETTY Wages No Benefits Elections 134412 81 SCHLEICHER,GORDON Wages No Benefits Elections 134413 90 SCHLEICHER,LAVERNE Wages No Benefits Elections 134414 35 SCHNEIDER,BRENT Wages No Benefits Elections 134415 77 SCHNEIDER,GEORGE W Wages No Benefits Elections 134416 90 SCHROEDER,NORA Wages No Benefits Elections 134417 75 SCHRUPP,AGNES Wages No Benefits Elections 134418 68 SCHULTZ,HERBERT Wages No Benefits Elections 134419 81 SCHWOB,DONNA Wages No Benefits Elections 134420 92 SCHWOB,THOMAS W Wages No Benefits Elections 134421 70 SEELYE,KRISTIANNE Wages No Benefits Elections 134422 81 SENS,JOHN Wages No Benefits Elections 134423 162 SHOLD,DAVID P Wages No Benefits Elections 134424 171 SHOLD,GLENNA Wages No Benefits Elections 134425 77 SHUMATE,SANDRA Wages No Benefits Elections 134426 81 SIMENSON,GLADYS Wages No Benefits Elections 134427 91 SLETTEN,LOLA Wages No Benefits Elections 134428 95 SLOCUM,STEPHEN Wages No Benefits Elections 134429 81 STARR,BRAD R Wages No Benefits Elections 134430 108 STAUNER,GERALD J Wages No Benefits Elections 134431 187 STAUNER,SHIRLEY Wages No Benefits Elections 134432 36 STEIN,THOMAS Wages No Benefits Elections 134433 90 STEINMETZ,BARBARA A Wages No Benefits Elections 134434 40 STENDER,PATRICIA Wages No Benefits Elections 134435 36 STENSWICK,V BRUCE Wages No Benefits Elections 134436 108 STEWART,DOUGLAS Wages No Benefits Elections 134437 90 STEWART,SUSAN Wages No Benefits Elections 134438 59 SUNDELL,PAUL Wages No Benefits Elections 134439 180 SWAIM,BONNY Wages No Benefits Elections 134440 90 SWITZER,MARILYN Wages No Benefits Elections 134441 81 TAGGATZ,ELEANOR M Wages No Benefits Elections 134442 90 TAGGATZ,EUGENE K Wages No Benefits Elections 134443 77 THOMPSON,GERALD Wages No Benefits Elections 134444 95 THOMPSON,JANE Wages No Benefits Elections 134445 176 THOMPSON,NANCY J Wages No Benefits Elections 134446 86 TKACH,GEORGE Wages No Benefits Elections 134447 140 TORMOEN,JOEL Wages No Benefits Elections 134448 94 TORNOE,JACQUELINE Wages No Benefits Elections 134449 113 TOSKEY,JULIE Wages No Benefits Elections 134450 153 TRAUGHBER,KRISTIN Wages No Benefits Elections 134451 81 TYNER,JOSEPH Wages No Benefits Elections Check# Amount Vendor/Explanation Account Description Business Unit 134452 90 TYNER,PAMELA Wages No Benefits Elections 134453 50 TYRA,CLAIRE Wages No Benefits Elections 134454 95 USHER,RANDI Wages No Benefits Elections 134455 81 VAN REMORTEL,JO M Wages No Benefits Elections 134456 188 VICKMAN,KAREN Wages No Benefits Elections 134457 77 VINELLA,FRANK Wages No Benefits Elections 134458 72 VINELLLA,IRENE Wages No Benefits Elections 134459 45 VOGEL,MARY Wages No Benefits Elections 134460 77 VOORHEES,MARK Wages No Benefits Elections 134461 95 WAGNER,EVELYN Wages No Benefits Elections 134462 81 WEAVER,LAUREN Wages No Benefits Elections 134463 59 WEINGARTNER,BETTY Wages No Benefits Elections 134464 81 WESTREM,MARY Wages No Benefits Elections 134465 68 WILDFANG,GENEVIEVE Wages No Benefits Elections 134466 205 WILLIAMS,EUGENIA T. Wages No Benefits Elections 134467 95 WILLIAMSON,MARGARET Wages No Benefits Elections 134468 81 WILSON,JAMES Wages No Benefits Elections 134469 162 WINANS,ARNESTER Wages No Benefits Elections 134470 176 WINSLOW,JACK Wages No Benefits Elections 134471 81 WISSNER,MARY JANE Wages No Benefits Elections 134472 183 WITTENBERG,MARIE Wages No Benefits Elections 134473 144 WUTTKE,NORMA Wages No Benefits Elections 134474 36 ZIEMER,BARBARA Wages No Benefits Elections 134475 80 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center 134476 50 BOLD,PAULINE Instructor Service Outdoor Center 134477 818 BRINK,PATRICK Travel Expense Communication Services 134478 80 CAMPOS,LORI Instructor Service Outdoor Center 134479 630 CUB FOODS EDEN PRAIRIE Recreation Supplies Outdoor Center 134480 225 DEPT OF EMPLOYMENT/ECONOMIC DE Conference Expense Community Development 134481 138 EDINA FIRE DEPARTMENT Training Supplies Fire 134482 110 ESBENSEN,GEORGE Tuition Reimbursement/School Fire 134483 51,134 GREGERSON ROSOW JOHNSON&NILA Legal General 134484 2,429 HENNEPIN COUNTY SHERIFF'S OFFI Board of Prisoner Police 134485 403 KALKES,JAYNA Awards Employee Benefits 134486 19 LTD COMMODITIES Operating Supplies Youth Programs Administration 134487 30 MRPA Conference Expense Parks Administration 134488 7,804 PRAIRIE PARTNERS SIX LLP Building Rental Prairie Village Liquor Store 134489 7,360 PRAIRIEVIEW RETAIL LLC Building Rental Prairie View Liquor Store 134490 101 PROTECTION ONE Other Contracted Services Cummins Grill 134491 110 VOLUNTEER FIREFIGHTERS BENEFIT Dues&Subscriptions Fire 134492 600 WEBER,GREG Tuition Reimbursement/School In Service Training 134493 350 3CMA Dues&Subscriptions Communication Services 134494 640 BATES,DON Other Contracted Services Community Band 134495 447 CAREER TRACK Conference Expense Engineering 134496 ' 14,642 CENTERPOINT ENEGY Gas Public Works/Parks 134497 54 DELL Operating Supplies Fire 134498 744 DOIG,LARRY Insurance Risk Management 134499 1,221 EXCEL INTERIORS&MFG Other Contracted Services Park Facilities 134500 45 FOGARTY,TERRI Lessons&Classes Pool Lessons 134501 42,000 HENNEPIN COUNTY Deposits Escrow 134502 1,056 LAKE RESTORATION INC Other Contracted Services Park Maintenance 134503 184,469 MEDICA CHOICE Benefit payments Health and Benefits 134504 1,667 METRO SALES INCORPORATED* Other Rentals General 134505 845 MG INDUSTRIES Chemicals Water Treatment Plant 134506 40 MINNESOTA DEPT OF AGRICULTURE Other Contracted Services Water Treatment Plant 134507 100 MINNESOTA DEPT OF PUBLIC SAFET Licenses&Taxes Water Utility-General 134508 35 NASW-MN Conference Expense Housing,Trans,&Human Sery 134509 561 PANERA BREAD Operating Supplies Fire 134510 293 PETTY CASH-POLICE DEPT Operating Supplies Police 134511 344 PITNEY BOWES INC Other Rentals General 134512 107 QUICKSILVER EXPRESS COURIER Postage Water Treatment Plant 134513 694 QWEST Telephone Water Utility-General 134514 123 RENAISSANCE EXTERIORS Building Permits General Fund 134515 21 STAR TRIBUNE Misc Non-Taxable Den Road Liquor Store 134516 40 TELEPHONE ANSWERING CENTER INC Other Contracted Services Water Treatment Plant 134517 84 WALMART COMMUNITY Operating Supplies Special Initiatives 134518 167 XCEL ENERGY Electric Traffic Signals Check# Amount Vendor/Explanation Account Description Business Unit 134519 8,072 A P LAWN INC Building Repair&Maint. City Hall-CAM 134520 72 A TO Z RENTAL CENTER Other Rentals Park Maintenance 134521 84 AAA LAMBERTS LANDSCAPE PRODUCT Landscape Materials/Supp Water System Maintenance 134522 801 ABSOLUTE RAIN INC. Building Repair&Maint. Den Bldg.-CAM 134523 720 AERO DRAPERY AND BLIND Other Contracted Services City Center Operations 134524 240 ALLIANT ENGINEERING INC Design&Engineering Construction Fund 134525 4,727 AMBE LTD Other Contracted Services Water Treatment Plant 134526 993 AMERICAN TRAINCO Training Supplies Water Treatment Plant 134527 311 AMERICAN WATER WORKS ASSOCIATI Training Supplies Water Utility-General 134528 201 ANCHOR PAPER COMPANY Office Supplies General 134529 662 ANCHOR PRINTING COMPANY Printing Sunbonnet Days 134530 209 ANDERBERG,CRAIG W. Other Contracted Services Softball 134531 632 APACHE GROUP Cleaning Supplies City Ctr-Tenant Direct Costs 134532 1,334 APRES Other Rentals Sunbonnet Days 134533 159 AQUA ENGINEERING INC Other Contracted Services Water Treatment Plant 134534 1,875 ASPEN RESEARCH CORP Other Contracted Services Water Treatment Plant 134535 400 AUTO ELECTRIC SPECIALISTS Equipment Parts Fleet Services 134536 7 BATTERY STORE INC,THE Operating Supplies Engineering 134537 243 BAUER BUILT TIRE AND BATTERY Equipment Repair&Maint Fleet Services 134538 1,555 BENIEK PROPERTY SERVICES INC. Building Repair&Maint. Fire Station#2 134539 1,598 BERTELSON OFFICE PLUS Video&Photo Supplies Water Utility-General 134540 18,710 BGI WINDOW INSTALLATION SERVIC Other Contracted Services Rehab 134541 266 BIFFS INC Waste Disposal Park Maintenance 134542 274 BLOOMINGTON SECURITY SOLUTIONS Building Repair&Maint. Purgatory Creek Rec Area 134543 1,031 BOYER TRUCKS Equipment Repair&Maint Fleet Services 134544 28 BOYER TRUCKS SO.ST.PAUL Equipment Parts Fleet Services 134545 4,705 BRAUN INTERTEC CORPORATION Testing-Soil Boring Charlson Area Construction 134546 2,070 BRYAN ROCK PRODUCTS INC Gravel Water System Maintenance 134547 546 C&H DISTRIBUTORS LLC Operating Supplies Water Treatment Plant 134548 11,304 CABINETPAK KITCHENS Other Contracted Services Rehab 134549 2,746 CALCIQUEST Chemicals Water Treatment Plant 134550 144 CARDIAC SCIENCE INC Repair&Maint.Supplies Fire 134551 3,177 CEMSTONE PRODUCTS COMPANY Repair&Maint.Supplies Storm Drainage 134552 178 CHOICE INC Other Contracted Services Prairie Village Liquor Store 134553 421 CONNEY SAFETY PRODUCTS Cleaning Supplies Water Treatment Plant 134554 2,213 CONTRACT HARDWARE CO,INC Building Repair&Maint. Water Treatment Plant 134555 1,254 CONTROL SERVICES OF MINNESOTA, Other Contracted Services City Hall-CAM 134556 1,548 CORPORATE EXPRESS Office Supplies General 134557 235 CRETEX CONCRETE PRODUCTS NORTH Building Materials Park Maintenance 134558 12,543 CUTLER-MAGNER COMPANY Chemicals Water Treatment Plant 134559 2,755 CY'S UNIFORMS Clothing&Uniforms Fire 134560 139 D'AMICO AND SONS Operating Supplies Housing,Trans,&Human Sery 134561 49 DAY-TIMER Office Supplies Fire 134562 2,330 DECORATIVE DESIGNS INC Other Contracted Services City Hall-CAM 134563 36 DELEGARD TOOL CO Small Tools Park Maintenance 134564 1,234 DELL Other Hardware Information Technology 134565 405 DEPARTMENT OF HUMAN SERVICES Other Contracted Services Park Maintenance 134566 134 EARL F ANDERSEN INC Signs Traffic Signs 134567 820 EDEN PRAIRIE APPLIANCE Capital Under$2,000 Water Treatment Plant 134568 320 EDEN PRAIRIE WINLECTRIC Equipment Repair&Maint Emergency Preparedness 134569 3,071 EF JOHNSON Equipment Parts Wireless Communication 134570 206 EGAN OIL COMPANY Lubricants&Additives Fleet Services 134571 1,864 EMBEDDED SYSTEMS INC Equipment Repair&Maint Emergency Preparedness 134572 1,566 EMERGENCY APPARATUS MAINTENANC Equipment Testing/Cert. Fire 134573 687 ESS BROTHERS&SONS INC* Repair&Maint.Supplies Sewer System Maintenance 134574 1,990 EXPERT ASPHALT CO Other Contracted Services Rehab 134575 3,674 FARM-RITE EQUIPMENT INC Machinery&Equipment Storm Drainage 134576 1,079 FB LEOPOLD COMPANY INC,THE Equipment Parts Water Treatment Plant 134577 38 FIKES HYGIENE SERVICES Operating Supplies Prairie View Liquor Store 134578 338 FIRE INSTRUCTORS ASSN OF MN Training Supplies Fire 134579 104 FORCE AMERICA Equipment Parts Fleet Services 134580 172 FORMANECK,DUANE Other Contracted Services Softball 134581 210 FRIEDRICHS,ERNEST W Other Contracted Services Softball 134582 471 G&K SERVICES-MPLS INDUSTRIAL Cleaning Supplies Water Treatment Plant 134583 2,090 GOODPOINTE TECHNOLOGY CORPORAT Design&Engineering CIP Pavement Management 134584 1,790 GRAINGER Small Tools Fleet Services 134585 250 HACH COMPANY Operating Supplies Water Treatment Plant Check# Amount Vendor/Explanation Account Description Business Unit 134586 22,866 HANDY ENTERPRISES Other Contracted Services Rehab 134587 29,926 HANSEN THORP PELLINEN OLSON Improvements to Land Capital Impr./Maint Fund 134588 13,337 HARTLAND FUEL PRODUCTS LLC Motor Fuels Fleet Services 134589 2,162 HAWKINS WATER TREATMENT GROUP Chemicals Water Treatment Plant 134590 139 HENNEPIN TECHNICAL COLLEGE Training Supplies Fire 134591 231 HINRICHS,KEITH Other Contracted Services Softball 134592 2,224 HIRSHFIELDS PAINT MANUFACTURIN Operating Supplies Park Maintenance 134593 252 HOLMES,JOHN CARTER Other Contracted Services Softball 134594 168 HOLMES,TOM Other Contracted Services Softball 134595 3,750 HUMAN SYSTEMS DYNAMICS INSTITU Other Contracted Services Economic Development 134596 54 HYDROLOGIC Repair&Maint.Supplies Park Maintenance 134597 1,928 INSIGHT PUBLIC SECTOR Computers Communication Services 134598 569 INTEREUM INC Capital Under$2,000 Furniture 134599 290 INTERSTATE BATTERY SYSTEM OF M Equipment Parts Fleet Services 134600 1,560 ITRON INC. Other Contracted Services Water Meter Reading 134601 527 J.J KELLER&ASSOCIATES INC Training Supplies Water Utility-General 134602 3,252 JANEX INC Cleaning Supplies City Hall-CAM 134603 245 JOHN HENRY FOSTER MINNESOTA IN Equipment Repair&Maint Water Treatment Plant 134604 8,268 KAMIDA INC Seal Coating Street Maintenance 134605 2,772 KENNEDY TRANSMISSION Equipment Repair&Maint Fleet Services 134606 1,524 KRULL,JULIE Other Contracted Services Rehab 134607 493 LAB SAFETY SUPPLY INC Cleaning Supplies General Facilities 134608 79 LANDS END CORPORATE SALES Clothing&Uniforms Police 134609 525 LAW BULLETIN PUBLISHING CO Dues&Subscriptions Economic Development 134610 175 LEON DUDA PLUMBING Other Contracted Services Water Meter Repair 134611 341 LIGHTNING PRINTING Printing Special Initiatives 134612 1,179 LOVEGREEN MECHANICAL SERVICES Building Repair&Maint. Water Treatment Plant 134613 490 LYNN'S FLOWER DESIGN Building Repair&Maint. Den Bldg.-CAM 134614 3,629 M R SIGN Signs Traffic Signs 134615 10,378 MASTER SPRINKLER SYSTEMS Other Contracted Services Round Lake 134616 551 MENARDS Operating Supplies Park Maintenance 134617 3,253 METRO CONCRETE RAISING INC Repair&Maint.Supplies Storm Drainage 134619 8,330 METRO FIRE Repair&Maint.Supplies Fire 134620 1,578 METROPOLITAN FORD Equipment Parts Fleet Services 134621 6,281 MIDWEST ASPHALT CORPORATION Asphalt Overlay Willow Park 134622 500 MIDWEST OVERHEAD CRANE Other Contracted Services Water Treatment Plant 134623 83 MIDWEST PLAYSCAPES Repair&Maint Supplies Round Lake 134624 4,241 MINNESOTA PIPE AND EQUIPMENT* Repair&Maint.Supplies Water System Maintenance 134625 261 MINNESOTA PRINT MANAGEMENT LLC Miscellaneous City Manager 134626 125 MINNESOTA VALLEY TESTING LABS Other Contracted Services Environmental Education 134627 4,638 MSI Equipment Repair&Maint Water Treatment Plant 134628 324 MTI DISTRIBUTING INC Equipment Parts Fleet Services 134629 214 MURRAY,JOHN Other Contracted Services Softball 134630 2,147 NATIONAL WATERWORKS Small Tools Water System Maintenance 134631 224 NORTH CENTRAL LABORATORIES Operating Supplies Water System Maintenance 134632 75 NORTHERN SAFETY TECHNOLOGY INC Equipment Parts Fleet Services 134633 300,480 NORTHWEST ASPHALT Improvement Contracts Construction Fund 134634 61 OLSEN COMPANIES Equipment Parts Fleet Services 134635 243 PARTEK SUPPLY INC Operating Supplies Street Maintenance 134636 1,753 PERNSTEINER CREATIVE GROUP INC Other Contracted Services Communication Services 134637 367 PLAYPOWER LT FARMINGTON INC Repair&Maint.Supplies Hidden Ponds Park 134638 1,852 PRAIRIE ELECTRIC COMPANY Repair&Maint Supplies Water Treatment Plant 134639 30 PRAIRIE LAWN AND GARDEN Equipment Repair&Maint Park Maintenance 134640 538 PRAIRIE OFFSET PRINTING Fire Prevention Supplies Fire 134641 4,525 QUALITY FLOW SYSTEMS INC Equipment Repair&Maint Sewer Liftstatiion 134642 14,995 QUANTUM ART INC Software Capital Impr./Maint.Fund 134643 646 RAY,LEE Other Contracted Services Softball 134644 453 REBS MARKETING Other Contracted Services Water Accounting 134645 317 REED BUSINESS INFORMATION Legal Notices Publishing Improvement Projects 1996 134646 65 RIDGEVIEW MEDICAL CENTER Other Contracted Services Risk Management 134647 30,361 RMR SYSTEMS INC Other Contracted Services Utility Improvement Fund 134648 351 ROTO-ROOTER Building Repair&Maint. Prairie Village Liquor Store 134649 686 RT ELECTRIC Equipment Repair&Maint Emergency Preparedness 134650 150 SCRAP METAL PROCESSORS INC Equipment Repair&Maint Fleet Services 134651 2,292 SHERWIN WILLIAMS Equipment Repair&Maint Traffic Signals 134652 504 SHORT ELLIOTT HENDRICKSON INC Design&Engineering Construction Fund 134653 1,096 SIMONE ENGINEERING Capital Under$2,000 Water Treatment Plant Check TM Amount Vendor/Explanation Account Description Business Unit 134654 699 SNAP-ON TOOLS Small Tools Fleet Services 134655 216 SOUTHWEST SUBURBAN PUBLISHING- Employment Advertising Human Resources 134656 42,682 SRF CONSULTING GROUP INC Design&Engineering Construction Fund 134657 42 STEARS,KRISTEN E Other Contracted Services Softball 134658 175 STEMPF AUTOMOTIVE INDUSTRIES I Equipment Parts Fleet Services 134659 464 STREICHERS Operating Supplies Police 134660 4,473 SUBURBAN TIRE WHOLESALE INC Tires Fleet Services 134661 6,638 SUMMIT ENVIROSOLUTIONS Other Contracted Services Storm Drainage 134662 1,288 SUN NEWSPAPERS Legal Notices Publishing City Clerk 134663 414 SYSTEM CONTROL SERVICES Equipment Repair&Maint Water Treatment Plant 134664 89 TESSCO Small Tools Wireless Communication 134665 861 TIMM,KEVIN Other Contracted Services Softball 134666 64 TOWN AND COUNTRY DODGE Equipment Parts Fleet Services 134667 280 TRUGREEN CHEMLAWN MTKA Other Contracted Services Water Treatment Plant 134668 3,089 TWIN CITY MONUMENT CO Building Materials Park Acquisition&Development 134669 114 TWIN CITY OXYGEN CO Repair&Maint.Supplies • Water System Maintenance 134670 2,505 U S LAWNS OF TWIN CITIES Other Contracted Services Park Maintenance 134671 1,068 UNIFORMS UNLIMITED Clothing&Uniforms Police 134672 10,579 URS CORPORATION Deposits Escrow 134673 538 VESSCO INC Equipment Parts Water Treatment Plant 134674 103 WEMYSS,SCOTT Operating Supplies Fire 134675 1,900 WENCK ASSOCIATES INC Other Contracted Services Housing,Trans,&Human Sery 134676 129 WOLF CAMERA Video&Photo Supplies Water Treatment Plant 134677 1,891 WORK CONNECTION-BPARK Other Contracted Services Park Maintenance 134678 127 WUOLLET BAKERY INC Operating Supplies Fire 134679 2,853 YALE MECHANICAL INC Equipment Repair&Maint Water Treatment Plant 134680 575 ZIEGLER INC Other Contracted Services Special Initiatives 2,207,429 Grand Total