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HomeMy WebLinkAboutCity Council - 04/12/2005 AGENDA EDEN PRAIRIE CITY COUNCIL WORKSHOP & OPEN FORUM/OPEN PODIUM TUESDAY,APRIL 12, 2005 EDEN PRAIRIE LIBRARY 5:30—7:00 PM CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Brad Aho, Sherry Butcher, Ron Case, 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 Roger Pauly, and Recorder Lorene McWaters I. JOINT MEETING WITH HENNEPIN COUNTY COMMISSIONERS RANDY JOHNSON AND LINDA KOBLICK II. OPEN FORUM A. FLYING OF THE FLAG—JOHN MALLO III. OPEN PODIUM IV. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL TUESDAY,APRIL 12,2005 7:00 PM,EDEN PRAIRIE LIBRARY 565 PRAIRIE CENTER DRIVE CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Brad Aho, Sherry Butcher, Ron Case, 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 Roger Pauly and Council Recorder Deb Sweeney I. ROLL CALL/CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. PROCLAMATIONS A. ARBOR DAY—MAY 7,2005 B. NATIONAL PUBLIC SAFETY TELECOMMUNICATORS WEEK V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. JOINT CITY COUNCIL/SCHOOL BOARD MEETING HELD TUESDAY, MARCH 7, 2005 B. JOINT CITY COUNCIL/PARKS RECREATION AND NATURAL RESOURCES COMMISSION MEETING HELD TUESDAY, MARCH 7,2005 C. COUNCIL WORKSHOP HELD TUESDAY, MARCH 15,2005 D. CITY COUNCIL MEETING HELD TUESDAY,MARCH 15,2005 VII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. ADOPT RESOLUTION APPROVING FINAL PLAT OF HERITAGE PINES CI TY COUNCIL A GENDA April 12, 2005 Page 2 C. ADOPT RESOLUTION APPROVING FINAL PLAT OF EAGLE RIDGE AT HENNEPIN VILLAGE FIVE D. APPROVE HTPO PROFESSIONAL SERVICES AGREEMENT FOR FLYING CLOUD DRIVE OUTSIDE STORAGE PROJECT E. APPROVE TERMINATION OF TAX ABATEMENT AGREEMENT AND SUPPORTING DOCUMENTS FOR ADC F. APPROVE OLYMPIC HILLS SPECIAL ASSESSMENT AGREEMENT G. AUTHORIZE PREPARATION OF PLANS, SPECIFICATIONS AND BIDS FOR CONSTRUCTION OF FULL ACCESS TO THE PURGATORY CREEK RECREATION AREA H. APPROVE ALOCHOLIC BEVERAGE SUBCONTRACTOR FOR GARDEN ROOM I. ADOPT RESOLUTION DECLARING PROPERTY AS "ABANDONED PROPERTY" VIII. PUBLIC HEARINGS/MEETINGS A. HENNEPIN VILLAGE GUIDE PLAN CHANGE OFFICE TO LOW AND MEDIUM DENSITY RESIDENTIAL by Dan Herbst, Hennepin Village LP. Request for Comprehensive Guide Plan Change from office to low-medium density residential on 17 acres. Planned Unit Development Concept Amendment on 17 acres. Location: North of Highway 212, east of Spring Road. (Resolution for Guide Plan Change,Resolution for PUD Concept Review, Ordinance for PUD District Review and Zoning District Amendment) B. COLUMBINE ROAD ADDITION by City of Eden Prairie. Request for Preliminary plat of 31.49 acres into one lot,three outlots and road right-of-way for Columbine Road. Location: Columbine Road and Prairie Center Drive. (Resolution for Preliminary Plat) C. THE RIDGE AT RILEY CREEK by EPIC Development. Request for Planned Unit Development Concept Review on 42.22 acres. Planned Unit Development District Review with waivers on 42.22 acres. Zoning District Change from Rural to R1-13.5 on 42.22 acres. Preliminary Plat of 42.22 acres into 39 lots,two outlots and road right-of-way. Location: North and west of the Sky Lane, south and east of Riley Creek. (Resolution for PUD Concept Review, Ordinance for PUD District Review and Zoning District Change, Resolution for Preliminary Plat) IX. PAYMENT OF CLAIMS CITY COUNCIL AGENDA April 12,2005 Page 3 X. ORDINANCES AND RESOLUTIONS XI. PETITIONS, REQUESTS AND COMMUNICATIONS A. SPONSORSHIP PROGRAM FOR EDEN PRAIRIE COMMUNITY THEATRE XII. REPORTS OF ADVISORY BOARDS & COMMISSIONS XIII. APPOINTMENTS XIV. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER 1. April 26 Closed Session for Annual Performance Review C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR 1. MCA Open House D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Referendum Considerations 2. Tentative Referendum Planning Schedule 3. Recommendation for 2005 Trails Projects 4. Updated Parks Capital Improvements Plan E. REPORT OF PUBLIC WORKS DIRECTOR 1. Plans and Specifications for Intersection and Roadway Improvements on Technology Drive and Mitchell Road, I.C. 00-5508 (Resolution) 2. Professional Service Agreement with Landform Engineering Company for Technology Drive and Mitchell Road Improvements,I.C. 00-5508 F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF 1. Neighborhood Meeting for New Fire Station CITY COUNCIL AGENDA April 12,2005 Page 4 H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT ITEM IV_A_ i ) PROCLAMATION ARBOR DAY- MAY 7, 2005 WHEREAS, in 1872 J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees; and WHEREAS, this holiday, called Arbor Day,was first observed with the planting of more than a million trees; and WHEREAS, Arbor Day is now observed throughout the nation and the world;and WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce oxygen and provide habitat for wildlife; and WHEREAS, trees are a renewable resource giving us paper, wood for homes, fuel for our fires and countless other wood products; and WHEREAS,trees, whenever they are planted, are a source of joy and spiritual renewal; and WHEREAS, Eden Prairie has been recognized as a Tree City USA by the National Arbor Day Foundation and desires to continue its tree planting ways. NOW,THEREFORE, I,Nancy Tyra-Lukens,Mayor of the City of Eden Prairie, Minnesota, do hereby proclaim May 7, 2005, as Arbor Day in the City of Eden Prairie, and urge all citizens to support efforts to protect our trees and woodlands and to support our city's urban forestry program; and FURTHER, I urge all citizens to plant trees to gladden the hearts and promote the well being of present and future generations. ADOPTED by the Eden Prairie City Council on this 12th day of April 2005. Nancy Tyra-Lukens,Mayor ITEM IV.B. PROCLAMA TION City of Eden Prairie Hennepin County, Minnesota WHEREAS emergencies can occur at anytime that require police, fire or emergency medical services; and WHEREAS when an emergency occurs the prompt response of police officers, firefighters and paramedics is critical to the protection of life and preservation of property; and WHEREAS the safety of our police officers and firefighters is dependent upon the quality and accuracy of information obtained from citizens who telephone the Eden Prairie police-fire communications center; and WHEREAS Public Safety Dispatchers are the first and most critical contact our citizens have with emergency services; and WHEREAS Public Safety Dispatchers are the single vital link for our police officers and firefighters by monitoring their activities by radio,providing them information and insuring their safety; and WHEREAS Public Safety Dispatchers of the Eden Prairie Police Department have contributed substantially to the apprehension of criminals, suppression of fires and treatment of patients; and WHEREAS each dispatcher has exhibited compassion, understanding and professionalism during the performance of their job in the past year; and NOW,THEREFORE,BE IT RESOLVED that the City Council of Eden Prairie declares the week of April 10th through 16th,2005, to be National Telecommunicator's Week in Eden Prairie, in honor of the men and women whose diligence and professionalism keep our city and citizens safe. ADOPTED by the Eden Prairie City Council on this 12th day of April 2005. Nancy Tyra-Lukens, Mayor City of Eden Prairie ITEM VI.A. INDEPENDENT SCHOOL DISTRICT 272—EDEN PRAIRIE SCHOOLS OFFICIAL MINUTES OF THE MARCH 7 SCHOOL BOARD MEETING JOINT MEETING OF SCHOOL BOARD AND CITY COUNCIL The school board and superintendent hosted a joint meeting with the Eden Prairie City Council and several members of the City of Eden Prairie Staff Monday, March 7, 2005, starting at 5:30 p.m. in Conference Room 283, Administrative Services Center. The following were topics of discussion between the two bodies of local government. A. Legislative Updates School Board members discussed how they are watching the legislature closely to see if there will be any additional funding for education. Board members are involved in a grass-roots effort, "Citizens for Eden Prairie Schools," (CEPS)that advocates for more education funding. Board Chair Scholtz shared the group's website, www.citizensforepschool.org. She also referenced the recent rally at the Capitol where thousands of citizens, staff and students joined together to encourage legislators to keep education at the forefront of their agenda. City Council members also are monitoring legislative bills on local levy limits, on the market value homestead credit, transportation funding bills, and a bill that would remove non-curricular programs from the schools. The intent of this bill is to have the city run those programs with tax dollars. B. LCTS Funding Update Local Collaborative Time Study (LCTS) funds are given from the federal government to Hennepin County to help run programs through the city and school that help at-risk children. These funds could suffer a substantial decline which would decrease the quality of services provided to students. City and school officials are working together to determine what to do about this possibility. C. Cable Television Although the school district shares a cable channel (14) with several other districts, city officials announced that they operate their own cable channel (16). Starting with Eagle Vision newscasts from Eden Prairie High School, school and city officials are working together to make use of more school-generated content on the city channel. D. City's Potential Referendum Based on feedback generated through a survey after last spring's unsuccessful city referendum, officials have learned the following: • Voters want an aquatics center but are not willing to pay for it; • Voters would prefer to have the referendum held in November rather than May; • Voters prefer to have a city referendum run at a time when the schools are not; • Voters would prefer separate questions when they are asked to vote on city projects. The city staff plans to reprioritize at the front end of their budgeting process as they explore the possibility of another city referendum. E. City/School Boundaries School and city officials discussed the history of city/school district boundaries. Currently, there are Eden Prairie residents in the Minnetonka and Hopkins school districts. Because it would likely take legislative action, city officials agreed to research the issue and work toward having mutual boundaries for both the city and the school district. The next meeting of the two bodies of government is scheduled for Tuesday, September 22, 2005, at City Center. It was noted that the school district and the city have a unique working partnership. In addition to the two joint meetings of the school board and city council, there are quarterly meetings of the superintendent and her district council with the city manager and his administrative staff. The regular meeting of Independent School District 272 School Board began at 7:00 p.m. on the 7th day of March, 2005 in the Administrative Services Center boardroom at 8100 School Road, Eden Prairie, Minnesota. ITEM VI.B. UNAPPROVED MINUTES JOINT CITY COUNCIL AND PARKS,RECREATION AND NATURAL RESOURCES COMMISSION MEETING MONDAY,MARCH 7,2005 7:00 P.M.,CITY CENTER Heritage Rooms 1 & 2 8080 Mitchell Road COUNCIL MEMBERS: Mayor Nancy Tyra-Lukens, Councilmembers Brad Aho, Sherry Butcher, Ron Case, and Philip Young COMMISSION MEMBERS: Rob Barrett, Chair; Jeffrey Gerst, Vice Chair; Tom Bierman, John Brill, Tom Crain,Randy Jacobus, Ian Mackay, Michael Moriarity CITY STAFF: Scott Neal, City Manager Bob Lambert, Director of Parks&Recreation Laurie Obiazor, Manager of Recreation Stu Fox, Manager of Parks and Natural Resources STUDENT REPRESENTATIVES: Cole Johnson,Apoorva Shah, Roby Shrestha RECORDING SECRETARY: Lorene McWaters I. ROLL CALL Mayor Tyra-Lukens called the meeting to order at 7:05 p.m. Councilmember Case, and Parks and Recreation Commission Student Reps Apoorva Shah and Roby Shrestha were absent. IL APPROVAL OF AGENDA III. DISCUSSION ON PURPOSE OF THE MEETING This meeting was called to allow the City Council and Parks, Recreation and Natural Resources Commission to provide input on the possibility of holding another referendum. City Manager Scott Neal said they are not being asked to make final decisions on whether or not to hold a referendum. Joint Meeting—City Council and Parks, Recreation&Natural Resources Commission March 7, 2005—page 2 IV. REVIEW OF 2004 REFERENDUM Parks and Recreation Director Bob Lambert reviewed the results of the May 2004 referendum. The referendum consisted of a single question which, if passed, would have resulted in issuance of$22,500,000 in general bonds to fund"acquisition, development, and improvement of land and facilities" for public recreation. The referendum was not approved. A total of 5,435 (16 percent of registered voters)votes were cast,with 43 percent voting"Yes" and 57 percent voting"No."Lambert noted that pre-referendum survey results indicated that 55 percent of respondents would not support increasing taxes for parks and recreation improvements; however, the same survey results showed that more than half of respondents wanted some improvements and expected the City to provide them. V. REVIEW OF 2004 SURVEY OF REFERENDUM VOTERS A City survey conducted after the May 2004 referendum provided the following information: • Sixty-nine percent of respondents(all of whom voted in the referendum)thought the City should attempt another referendum within the next two years. This included 46%of those who voted"No"on the referendum. • A referendum without a large outdoor water park would have a chance of passing if it is held in November 2005, provided that the School District does not hold a referendum at the same time. • Residents prefer separate questions for issues. • The primary reasons the May 2004 referendum was defeated were the bundling of projects into one question and the perceived high cost of the total levy. VI. FUTURE REFERENDUM DECISIONS Lambert believes that parks and recreation improvements funded by revenue bonds and which can be expanded through a phased approach will be supported by taxpayers. He gave the example of constructing a revenue-generating wading pool. Profits from this project would be put into a special fund for additional improvements. This way, users are paying for what they get. Lambert suggested having a separate workshop to discuss pool issues. He said while Eden Prairie has top notch competitive swimmers,the community does not have a top notch pool. He noted that competitive and recreational pools are two completely different things. For instance, if the existing pool were to be deepened, it would become less useable for beginning swimmers and for providing swimming lessons for young children. Lambert said a referendum could be structured to ask voters whether or not they support Community Center improvements, and if so, a second question could determine if they support a pool as well. Joint Meeting—City Council and Parks,Recreation&Natural Resources Commission March 7, 2005—page 3 Lambert asked what information Council needs to make a decision on whether or not to hold a referendum and how soon they need the information. Lambert noted that a final decision on holding a referendum must be made by early August at the latest for a November referendum. Mayor Tyra-Lukens asked if the City is restricted on how much it can have out on revenue bonds. Lambert said to issues bonds, a bond counsel would have to be called in to assess projected costs and revenues. Parks and Rec Commissioner Rob Barrett asked where hockey fits into this discussion. Lambert said a consultant has been chosen to conduct an outdoor winter hockey rink study. The City will receive the study results this summer. The Hockey Association has about$250,000 in the bank and another$250,000 in promises—which could pay for ice and a refrigeration system. The next step would be to determine how much revenue could be generated by an outdoor attached rink, and whether or not enough funds could be generated to pay for the construction and operation of this facility without added taxes. Councilmember Aho said it would be helpful to have an understanding of all of the projects on the table and to know the priorities. He said it is difficult to evaluate things fai rly rly when projects are coming in on an ad hoc basis. Tyra-Lukens said she would like to see a grid listing projects with priorities, costs,and funding sources. Lambert said he can provide such a list in six to eight weeks. Aho said he would like to see figures on ongoing maintenance costs for any proposed facilities. Lambert said staff will provide both estimated operating costs and revenue projections. Aho requested an accounting of existing funds, and said he would like to explore association partnerships and corporate sponsorships. Parks and Recreation Commissioner Michael Moriarty agreed that the City should take a look at using park dedication fees now instead of saving them for later use. Aho also asked for projections on future park dedication fees to help determine how much to use for projects now. Lambert said this information is in the Capital Improvement Plan. He also noted that park dedication fees are expected to drop off now that development is leveling out. Moriarty suggested building facilities and having users help pay for them by charging maintenance and user fees. Aho agreed that some sort of user fees might be palatable. Lambert said user fees are being phased in, but noted this is sometimes difficult for people to swallow when they are used to getting these services"for free." Parks and Recreation Commissioner Ian Mckay said stakeholders should be incorporated into the process of deciding on a referendum. He believes some stakeholders were not given enough consideration last time around,with the exception of a few"squeaky wheels." Lambert pointed out that many stakeholders are not members of organized groups, so it is difficult to obtain their input. Neal said the first Council Workshop in May will include a presentation by staff on the Joint Meeting—City Council and Parks,Recreation&Natural Resources Commission March 7, 2005—page 4 City's financial position. Councilmember Young noted that the regular April Workshop schedule is already full, but requested an additional Workhsop be scheduled to go over budget issues. Neal said he will check schedules to see if another meeting can be arranged. Tyra-Lukens said a final decision in August on a November referendum seems like a short timeline. Lambert agreed that it is ideal to have five or six months to get groups geared up for a referendum; however, the education campaign itself should not start earlier than six weeks before the vote, after all of the information on the referendum is provided to the public. Mackay suggested coming back in June after meeting with stakeholders and asking for tentative support from Council with a final decision in early August. Parks and Recreation Commissioner Bierman said all of the Councilmembers and Parks and Recreation Commission members have voted for a referendum in one form or another in the last year, and the post-referendum survey shows support for a reformulated referendum. He believes voters would appreciate the chance to vote on the questions once they are broken down. VII. ADJOURNMENT The meeting was adjourned at 8:05 p.m. ITEM VLC. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL WORKSHOP& OPEN FORUM/OPEN PODIUM TUESDAY,MARCH 15,2005 CITY CENTER 5:00—6:25 PM,HERITAGE ROOM II 6:30—7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Brad Aho, Sherry Butcher, Ron Case, 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 Ric Rosow and Dan Carlson were absent. Rob Reynolds was in attendance. Heritage Room II I. DISCUSSION WITH STATE LEGISLATORS Mayor Tyra-Lukens called the meeting to order at 5:35 p.m. Representative Maria Ruud was present. City Manager Neal said Representative Paulsen and Senator Hann were on their way to the meeting and would arrive shortly. Rep. Ruud said she would have to leave the meeting at about 6:15 to attend a meeting of the Regulated Industries Committee. Ruud said also serves on the Education Policy Committee and that as a freshman Representative and member of the minority party she is not eligible to serve on a finance committee. Ruud said she appreciates the e-mails she has received from Scott Neal about Market Value Homestead Credit program cuts. She understands these cuts are not good for Eden Prairie and she will be fighting them. Neal said the Clean Water Legacy legislation has been raised as a concern by MLC. Neal said many cities are concerned that they are going to be the mechanism though which fees are assessed, but they won't be involved in setting the fees or determining how the funds are spent. Ruud said she feels there is room for negotiation on this issue. She is aware that the State is getting resistance from communities on the proposed mechanism. On the other hand, she is getting input from some constituents asking her to support the legislation. City Council Workshop March 15, 2005—page 2 Mayor Tyra-Lukens said that when she first came on Council there were fairly heft tax increases because taxes had been artificially kept down during the preceding recession. Since then,the City's financial policy has been to pay for what needs to be done on an ongoing basis; however with the loss of Market Value Credit and with levy limits, it is increasingly difficult to adhere to this policy. Tyra-Lukens asked what the legislature can do to give communities tools to keep up with what needs to be done, such as removal of levy limits and street utility funds. (Tom Poul of MLC joined the meeting at 5:55 p.m.) He said the business community has been vocal in opposing street utility funds. Poul believes the resistance is based in part on misinformation and in part on principle. Councilmember Case said he is frustrated with State Auditor Patricia Anderson's praise for counties that are spending down their reserves. He said if an organization spends down its reserves, it is blasted for not thinking ahead; but if it maintains reserves, it is criticized. Councilmember Aho said he is struck by the bleakness of the funding outlook for transportation. He stressed the need to find creative ways to fund projects that will strengthen the infrastructure. Mayor Tyra-Lukens asked Ruud what, if anything, is on the horizon in relation to a statewide smoking ban. Ruud said she has received many calls from constituents on this issue. She does not foresee any smoking legislation this year,but thinks something will be passed in the near future. Ruud noted that in her short time in the legislature, she has noticed political differences are more geographic in nature than along party lines. Councilmember Butcher asked Ruud and Poul to comment on the Governor's turbotax proposal. Poul said the bill has been introduced in both the House and the Senate. Since Rep. Krinkie introduced it, it is likely to get a hearing. Ruud said she does not think it is a good idea. Councilmember Case said it should be tied directly to another postcard that gets sent back to the Governor, otherwise the policy would be unfair. Case said he is concerned about the erosion of representative democracy reflected in some of these proposals. (Senator Hann joined the meeting at 6:20 p.m.) Hann said he also is not a fan of the turbotax concept. He has had a lot of conversations with school districts about it. There are a lot of questions about the mechanics of how it would work. He believes the Governor's intent is to put a check on what local government entities can do. Neal asked if it would be possible to have a bill drafted this year to conduct a study of the fiscal disparities program. Poul said the senate has included this proposal in its finance bill. Rep. Lenczewski is carrying the bill in the House, and it will likely be part of the omnibus tax bill. (Rep. Paulsen joined the meeting at 6:25 p.m.) Hann said he feels the legislature should make a commitment to continue to support transit, at least as far as buses are concerned. He is less enthusiastic about LRT. Paulsen said he would like to hear the City's perspective on transportation funding. He said MnDOT currently disburses the funds, and some people distrust them. He asked how the City feels about the Chamber's City Council Workshop March 15, 2005—page 3 proposal to switch to project-specific funding. Public Works Director Gene Dietz said he feels MnDOT is unbiased and that making the process political would be a nightmare. Paulsen said he thinks making the process project-specific might get the public more involved because they would see projects in their area being funded. Aho said he believes a menu approach would be divisive. Paulsen said the Market Value Homestead Credits will be in the mix in the House. He feels the property tax freeze initiative is more dangerous. Pogemiller is adamant about pushing this issue because he seems to want to"starve education in the suburbs." Paulsen said he will be introducing the bill supported by the City to allow for the use of silencers on guns used in the deer management program. He and Hann believe the bill will pass this year. Council Chamber II. OPEN FORUM A. AIRPORT ISSUES—VICKI PELLAR-PRICE Ms. Pellar-Price called earlier to say she had decided not to speak at Open Forum. B. FLYING OF THE FLAG—JOHN MALLO Mr. Mallo addressed Council about flying of the flag. III. OPEN PODIUM No one requested to speak at Open Podium. IV. ADJOURNMENT ITEM VI.D. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY,MARCH 15,2005 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Brad Aho, Sherry Butcher, Ron Case, 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 Peggy Rasmussen I. ROLL CALL/CALL THE MEETING TO ORDER Mayor Tyra-Lukens called the meeting to order at 7:05 p.m. All members were present. Scout Troop 695 was welcomed. II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Neal added three items under Report of City Manager. Tyra-Lukens added a report on the National League of Cities meeting under Reports of Councilmembers. MOTION: Butcher moved, seconded by Case, to approve the Agenda as published and amended. Motion carried 5-0. V. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY,MARCH 1,2005 MOTION: Young moved, seconded by Aho, to approve the minutes of the Council Workshop held Tuesday, March 1, 2005 as published. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY,MARCH 1,2005 MOTION: Aho moved, seconded by Butcher, to approve the minutes of the City Council meeting held Tuesday,March 1,2005 as published. Motion carried 5-0. VI. EXCELLENCE INFINANCIAL CERTIFICATE OF ACHIEVEMENT FOR EXCELL N REPORTING Tyra-Lukens reported that the City of Eden Prairie has received a Certificate of Achievement for Excellence in Financial Reporting from the Government Finance CITY COUNCIL MINUTES March 15,2005 Page 2 Officers for the City's Comprehensive Annual Financial Report (CAFR) for the fiscal year ending December 31, 2003. Tyra-Lukens extended congratulations to the City's Finance Department and to the Auditors for preparation of the report. VII. SOUTHWEST CORRIDOR ALTERNATIVE ANALYSIS STUDY INTRODUCTION Katie Walker from Hennepin County Regional Railroad Authority (HCRRA) made the presentation on the Southwest Corridor Alternative Analysis Study. She said this is the next phase of study for developing a dedicated transit corridor from downtown Minneapolis to Eden Prairie. This study follows the Southwest Rail Transit Study that was completed in October 2003. The recommendation was to include four light rail transit alternatives for further study, and also to document environmental impacts and potential mitigation measures, implement a comprehensive public involvement program, maintain the trail network, and evaluate a Midtown Corridor rail transit connection between the Hiawatha Light Rail Transit line and a Southwest Transitway. Walker explained the purpose of the Alternative Analysis Study is to identify and compare the benefits, costs and impacts of a range of transit alternatives for the Southwest Corridor in order to determine a preferred course of action. The study began in January 2005 and completion is expected by fall 2006. HCRRA intends to implement a comprehensive public involvement process, involving those who would be potentially affected by whatever course of action is determined to be reasonable and feasible. The range of alternatives start with no build (status quo), and include a look at low-cost options. An option required by the Federal Transit Administration is Bus Rapid Transit. Other options are light rail transit and an evaluation of any other transit options that may be appropriate for this area. The study will be considered completed when local and regional decision-makers select a preferred alternative. A Technical Advisory Committee (TAC) and Policy Advisory Committee (PAC) are assisting HCRRA with this study. Five goals for a southwest transitway were developed by the TAC and approved by the PAC. Goals one and two, considered Tier 1 goals, are to improve mobility both within the cities and within the region, and to provide a cost- effective and efficient travel option. Goals three, four and five, Tier 2 goals, are to protect and enhance the environment, to preserve and protect the quality of life in the study area and the region, and to support economic development. The FTA project development process is being followed, assuming federal funding will be pursued. The first steps were completed with the Southwest Rail Transit Study approval. After the Alternative Analysis process is completed, the subsequent steps in the development process are an environmental impact statement, preliminary engineering, final design, construction, and operation. The estimated time frame to complete all those steps is approximately 2015. Walker said an open house has been tentativelyscheduled for Eden Prairie on Tuesday, May 10, 2005 at the Southwest Metro Transit Station, from 4 p.m. to 7 p.m. Tyra-Lukens thanked Ms. Walker for her presentation. CITY COUNCIL MINUTES March 15,2005 Page 3 VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. EDEN PRAIRIE INN POOL ADDITION (2005-4) by Eden Prairie Lodging, L.L.C. 2nd Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Amendment within the Highway Commercial Zoning District on 1.29 acres; and Resolution for Site Plan Review on 1.29 acres. Location: 11500 West 78th St. (Ordinance No. 5-2005-PUD-2- 2005 District Review and Zoning District Amendment; and Resolution No. 2005-41 for Site Plan Review) C. DAIRY QUEEN GRILL AND CHILL (2005-1) 2nd Reading of the Ordinance for Planned Unit Development District Review with waivers and Zoning District Change from I-2 to Neighborhood Commercial on 1.09 acres; and Resolution for Site Plan Review on 1.09 acres. Location: County Road 4 and Terrey Pine Drive. (Ordinance No. 6-2005-PUD-3-2005 District Review and Zoning District Change; and Resolution No. 2005-42 for Site Plan Review) D. APPROVE SECOND READING OF ORDINANCE NO. 7-2005 CHANGING STREET NAME OF PORTION OF FULLER ROAD TO WEST 79T11 STREET E. ADOPT RESOLUTION NO. 2005-43 APPROVING FINAL PLAT OF PIONEER POINT TOWNHOMES 5TH F. ADOPT RESOLUTION NO. 2005-44 APPROVING FINAL PLAT OF LIFETOUCH 2ND ADDITION G. ADOPT RESOLUTION NO. 2005-45 APPROVING FINAL PLAT OF FLYING CLOUD CENTER 2ND ADDITION H. ADOPT RESOLUTION NO. 2005-46 APPROVING FINAL PLAT OF PRAIRIE GREEN 2ND ADDITION I. APPROVE CHANGE ORDER NO. 1 FOR CSAH 4 AND VALLEY VIEW ROAD INTERSECTION IMPROVEMENTS,I.C. 96-5405 J. ADOPT RESOLUTION NO. 2005-47 APPROVING COOPERATIVE DESIGN-BUILD CONSTRUCTION AGREEMENT WITH MNDOT FOR TH 312 PROJECT FROM CSAH 4 TO EXISTING TH 212 NEAR CARVER COUNTY ROAD 147,I.C. 93-5305 K. APPROVE TWO TEMPORARY EASEMENTS ON CITY-OWNED OUTLOTS ADJACENT TO DELL ROAD FOR CONSTRUCTION OF TH 312 PROJECT,I.C. 93-5305 CITY COUNCIL MINUTES March 15,2005 Page 4 L. ADOPT RESOLUTION NO. 2005-48 APPROVING TRAFFIC CONTROL SIGNAL AGREEMENT NO. 87653M, WITH MNDOT FOR DELL ROAD AT THE NORTH AND SOUTH RAMPS FOR TH 312 INTERCHANGE, I.C. 93-5305 M. APPROVE MEDIATION AGREEMENT, CHANGE ORDER NO. 2 AND PAY ESTIMATE NO. 7 (FINAL) FOR CRESTWOOD TERRACE STREET AND UTILITY IMPROVEMENTS N. AWARD CONTRACT FOR 2005 STREET SWEEPING TO RELIAKOR SERVICES,I.C. 05-5644 O. AWARD CONTRACT FOR PLAYGROUND EQUIPMENT AT EDEN VALLEY PARK TO FLANAGAN SALES,INC. P. AWARD CONTRACT FOR PLAYGROUND EQUIPMENT AT OVERLOOK PARK TO FLANAGAN SALES,INC. Q. APPROVE RENEWAL OF AGREEMENT FOR TOWING SERVICES WITH MATT'S AUTO SERVICE FOR 2005 R. APPROVE AGREEMENT FOR FORFEITURE VEHICLE STORAGE AND DISPOSAL SERVICES WITH AUCTION BROADCASTING COMPANY FOR 2005 S. ADOPT RESOLUTION NO. 2005-49 SUPPORTING LEGISLATION TO ALLOW ISSUANCE OF ON-SALE INTOXICATING LIQUOR LICENSE TO FOOD SERVICE OPERATOR OF THE GARDEN ROOM T. APPROVE A PERMANENT EASEMENT OVER PORTION OF OUTLOT B,HIDDEN PONDS U. APPROVE DRIVEWAY EASEMENT AGREEMENT WITH OWNERS OF LOT 2,BLOCK 2,RIVERVIEW HEIGHTS ADDITION MOTION: Case moved, seconded by Young, to approve Items A-U of the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS/MEETINGS X. PAYMENT OF CLAIMS MOTION: Young moved, seconded by Aho, to approve payment of claims. The motion was approved on a roll call vote with Aho, Butcher, Case, Young and Tyra- Lukens voting"aye." XI. ORDINANCES AND RESOLUTIONS CITY COUNCIL MINUTES March 15,2005 Page 5 XII. PETITIONS,REQUESTS AND COMMUNICATIONS XIII. REPORTS OF ADVISORY BOARDS & COMMISSIONS XIV. APPOINTMENTS A. 2005 BOARDS AND COMMISSIONS Neal reported that the City Council held City Commission interviews on Tuesday, February 22, 2005. Twenty-eight candidates applied for consideration; twenty- four new applicants and four seeking reappointment. Nine candidates were selected for appointment at this meeting, six being appointed for the first time and three reappointments. There were no openings this year on the Arts and Culture Commission. MOTION: Butcher moved, seconded by Case, to appoint to the Planning Commission John Stoltz, Vicki Koenig, and John Kirk, terms to expire on March 31, 2008; to appoint to the Heritage Preservation Commission Nina Mackay, Ed Muehlberg, and Jane Plaza, terms to expire on March 31, 2008; to appoint to the Human Rights and Diversity Commission Jeff Strate and Melissa Barra, terms to expire March 31, 2008; and to appoint to the Parks, Recreation and Natural Resources Commission Geri Napuck, term to expire March 31, 2008. Motion carried 5-0. Tyra-Lukens said the applications are kept on file throughout the year to fill any positions where people retire from a Commission or move out of town. Butcher said she found the interviews an exciting process. This is the way the City really gets community involvement. Many people seeking positions have been very involved in the community and she was pleased to see there were so many willing to serve on the Commissions. Tyra-Lukens agreed it was a good field of candidates. B. 2005 BOARD OF APPEAL AND EQUALIZATION Neal explained that the proposed members for Council approval are experienced real estate professionals with knowledge of the Southwest metro area. MOTION: Aho moved, seconded by Butcher, to appoint to the Board of Appeal and Equalization Mike Best, Doug Malam, Annette O'Connor, Brian Duoos, and Patricia Pidcock for the period of April 20, 2005 through May 10, 2005, or until the Board of Appeal and Equalization completes its work. Motion carried 5-0. Neal said people who have concerns about how the City Assessor has assessed the value of their property can approach the Board of Appeal and Equalization, professionals in the real estate industry, and have a discussion with the assessor and the Board. If they do not achieve satisfaction with this Board, there is a process they can go through with the County as well. CITY COUNCIL MINUTES March 15,2005 Page 6 C. 2005 BOARDS AND COMMISSIONS CHAIRS AND VICE CHAIRS Neal explained that Chairs and Vice Chairs are appointed annually by the City Council. To be eligible for consideration, a chairperson must have served one year on the Board or Commission before becoming eligible for appointment as a chairperson. MOTION: Case moved, seconded by Young, to appoint Ray Stoelting — Chair, and Kathy Nelson — Vice Chair, of the Planning Commission; to appoint Betsy Adams — Chair, and Molly Gilbertson—Vice Chair, of the Heritage Preservation Commission; to appoint Rob Barrett— Chair, and Jeff Gerst—Vice Chair, of the Parks, Recreation and Natural Resources Commission; to appoint Larry Piumbroeck — Chair, and Jeff Strate — Vice Chair, of the Human Rights and Diversity Commission; to appoint Susan Dickman — Chair, and Steve Mosow — Vice Chair, of the Arts and Culture Commission; to appoint Patricia Pidcock — Chair, and Mike Best — Vice Chair, of the Board of Appeal and Equalization. Motion carried 5-0. XV. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. State Funding for Transportation Improvements to I-494 and the Metro Area System—Councilmember Aho(Resolution No.2005-50) Aho said as part of his responsibilities he sits on the I-494 Corridor Commission. Oneof major issues theyare facingis fundingfor I-494 the r J and all of the metro transportation projects. The I-494 Corridor Commission is encouraging all the member cities to adopt a resolution prepared by the Commission supporting legislation to increase state funding for improvements to I-494 as well as the rest of the metropolitan transportation system. Possible sources of funding supported in the resolution include dedication of 100 percent of the Motor Vehicle Sales Tax for transportation purposes, an increase in the license tab fee, a regional sales tax option, increased trunk highway and general fund bonding, state gas tax, and increased use of voluntary toll lanes. Aho explained it is very critical to raise more money for transportation. He didn't necessarily agree with all of the funding sources mentioned. For instance, he does not agree with the idea of a regional sales tax. However, he does support using 100 percent of the Motor Vehicle Sales Tax, which has gone into general funds instead of being used as intended. It is very important to our quality of life and the business economics of the community that we have viable transportation; however, projections for raising the necessary funds do not look good. He said the main thrust of the resolution is to acknowledge the fact that we do need more money for transportation. It is crucial in order to promote the viability of the state and be able to compete with other areas. CITY COUNCIL MINUTES March 15,2005 Page 7 MOTION: Aho moved, seconded by Butcher, to adopt Resolution No. 2005-50 supporting legislation to increase state funding for transportation improvements to I-494 and the metro area system. Young said, with regard to adopting the resolution, he agreed with the need for increased funding; however, he did not agree with the option of a regional sales tax,which is a funding mechanism he found troubling. Tyra-Lukens agreed. Statewide, many people and businesses make use of the highway system around the metro area and she did not believe it should just be a metro-area-funded issue. Butcher also agreed, but did not want to see this very good resolution defeated because of the inclusion of a regional sales tax option. Aho said he had struggled with this a lot because the resolution was pre-written by the I-494 Corridor Commission, so that the part about a regional sales tax was already set. He stated he was open to amendments, and if the Council wanted to strike that part of the clause he would not object. Tyra-Lukens pointed out the only problem with striking it out of the resolution is that there is an advantage for the Corridor Commission to be able to go to legislators and state that they have the full support of member cities on this issue. The Commission has proposed a "laundry list" of possible ways that funds could be raised. This Council might favor one over another, but it is necessary to broaden the horizons of legislators to realize all of these are possibilities to be considered. Aho said Tyra- Lukens was correct, and the resolution doesn't indicate all of tools will be used, but just states these are tools that are available. Case agreed with the other Councilmembers. He pointed out the regional sales tax is the only funding source that says "option", and he believed the Commission intentionally put that word in there. He said typically any time regional sales tax verbiage has come up in discussion of building stadiums, etc., there has always been a referendum attached to it. He doesn't recall regional sales tax on a small 1 the Legislature imposing a gio 1 region; it is similar to the concept of"taxation without representation." If the option were available, he supposed the Legislature would make it a seven-county, metro-wide referendum concept. Case read through the resolution again, pointing out that he favored dedication of 100 percent of the Motor Vehicle Sales Tax for transportation purposes and an increase in the state gas tax. He said if the Legislature were to give any thought to sliding the Motor Vehicle Sales Tax away from roads and public transportation, especially the Southwest Metro bus organization,that would be a major problem. Motion carried 5-0. CITY COUNCIL MINUTES March 15,2005 Page 8 2. Report on National League of Cities Meeting—Mayor Tyra-Lukens Tyra-Lukens said last weekend she and Councilmembers Butcher and Case attended the annual Congressional Cities Conference that the National League of Cities puts on in Washington, D.C. The focus of this meeting is to get city representatives up to date on issues facing America's cities and to give them an opportunity to meet with legislators and lobby on behalf of cities. Tyra-Lukens attended a Special Leadership Training institute session on strengthening boards and commissions. She discovered that Eden Prairie is already following many of the recommendations; nevertheless, there were some ideas she gleaned from this meeting and hoped to investigate further. Tyra-Lukens said the number one lobbying issue was transportation; securing enough money to meet the current needs and to project some into the future. A second issue was cuts in funding for Community Development Block Grants. Major cuts to Section 8 Housing vouchers are being discussed; not necessarily dollar cuts but a change in how Section 8 is administered. Tyra-Lukens said homeland and hometown security was also a big issue, as well as first responders and communications issues. An aid from Representative James Oberstar's office talked about federal agencies and local communities involved in securing the border between Minnesota and Canada that cannot communicate with one another because the radio towers for each country are on different frequencies and have different signal strengths, etc. Tyra-Lukens reported that federal tax reform was another big issue, in addition to communications, taxation and regulation. Senator Coleman told the delegation that the Senate is looking at providing more money for transportation than the President is currently discussing. The President is asking for $284 billion, and the Senate is talking about increasing that to $318 billion. Senator Coleman said the amount of$318 billion is enough to maintain the highways we currently have but not enough to have any new highways. Coleman is talking about getting $50 billion in bonding, which Tyra-Lukens was told would be something new, because the federal government does not bond. Case said he had attended a workshop on parliamentary procedures and will report back on that at another time. He also attended the workshop with Mayor Tyra-Lukens on Section 8 Housing, which would potentially affect Eden Prairie. There were also larger meetings on Community Block Grant funding, transportation, technology and education. In addition, there was an informal discussion about the fact that the number one issue in security with air flights today is at small reliever airports; that is the CITY COUNCIL MINUTES March 15,2005 Page 9 biggest hole in security that has not been filled yet. Eden Prairie should continue to think about that issue because there is a reliever airport in Eden Prairie. Butcher said she attended many of the same meetings at the conference as the others. However, one group she became involved with is a committee she was appointed to at the National League of Cities called Democratic Governance. The mission and charge of this committee is to identify current threats to democracy, and there are a number of them, some of which have been identified, and then to come up with solutions at the local level that can actually strengthen democracy. Butcher said she attended her first meeting of the committee and will have several others before the end of the year. It is a working committee that is really trying to come up with solutions. She plans to give a thorough report at a future meeting on this committee's work and what it hopes to achieve. B. REPORT OF CITY MANAGER 1. Annual Performance Review Neal said the Council had previously talked about re-engaging Mr. Brull to conduct Neal's annual performance review. Neal and Brull have had a meeting to discuss the process. Brull has begun working on it and has prepared a review form. They identified a group of about 70 employees from which to draw the employee side of the review, balanced by gender, age, tenure, union and non-union status, management and non- management status, people working in this building versus not working in this building, in order to have a balance of employees who have the opportunity to participate. That review form has been transmitted to those employees so they can give their review of his performance over the past year. When that information is collected and assembled it will be forwarded to the Councilmembers for review before they complete their part of the review process. 2. Airport Agreement Neal reported that he and City Attorney Rosow met with some citizens last week about the airport agreement. A number of questions were raised about how the City is monitoring its compliance and also MAC's compliance with the global agreement that they agreed to in December 2002. Neal and Rosow said it is time to do a management audit of the agreement and find out where theystand on the various issues that the g City and MAC reached agreement on, to determine if they are completed, not completed, or in progress. They would then give the Council an update about where things stand at this time. He believed they could accomplish that largely with their own staff, primarily Scott Kipp and others. The City may engage Mr. Rosow and possibly Mr.Reimer. CITY COUNCIL MINUTES March 15,2005 Page 10 3. E-Services Response Project Neal said over the past couple of years the City been providing more of its services on the City's Web site, to make them more available, convenient, cheaper and faster for its citizens to use. As a result, the City also has to consider how and what should they adjust internally to respond to that management initiative. To do this, staff is looking at the way various things are being done: how are they staffed behind the counters; who provides services; how can they show the impact of the number of e- services being created; how can they predict the impact the e-services will have on future workforces; how many employees work counters and what kind of work they are doing. Staff will take that information and use it as a way to make some future judgments about the composition and size of the workforce in this building. C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XVI. OTHER BUSINESS XVII. ADJOURNMENT MOTION: Butcher moved, seconded by Case, to adjourn the meeting. Motion carried 5-0. Mayor Tyra-Lukens adjourned the meeting at 7:45 p.m. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 12, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Christy Weigel, Police/ Clerk's License Application List VII.A. Community Investigations Unit These licenses have been approved by the department heads responsible for the licensed activity. Private Kennel Amendment to Liquor License Jay Hillestad&Arlene Jorgensen-Hillestad 2AM Closing Permit—New —dogs Bilimbi Bay Minnesota, LLC DBA: Bilimbi Bay Raffle Organization: Scleroderma Foundation, MN Chapter Place: Staring Lake Park Date:June 5, 2005 Organization: Eden Prairie Ducks Unlimited Place: Bearpath Golf&Country Club Date:April 18, 2005 Solid Waste Collector Reliakor Vasko Rubbish Removal Midwest Container Service Temporary Liquor Organization: Eden Prairie Lions Club Event: Schooner Days Date: June 3—5, 2005 Place: Round Lake Park Temporary Beer Organization: Eden Prairie Lions Club Event: EP 4th of July Date: July 4, 2005 Place: Round Lake Park Organization: Eden Prairie Lions Club Event: Corn Feed Date: August 6, 2005 Place: Round Lake Park - 1 - CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 12, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Randy Slick Final Plat Approval of Heritage Pines VII.B. Public Works/Engineering Requested Action Move to: Adopt the resolution approving the final plat of Heritage Pines. Synopsis This proposal is for the plat located at 17621 Pioneer Trail. The plat consists of 1.65 acres to be divided into eleven townhome lots, one common area lot and right-of-way dedication for street purposes. Background Information The preliminary plat was approved by the City Council on February 1, 2005. Reading of the Rezoning Ordinance and final approval of the Developer's Agreement was completed on March 1, 2005. Approval of the final plat is subject to the following conditions: • Receipt of engineering fee in the amount of$550.00 • Satisfaction of bonding requirements for the installation of public improvements • Execution of Special Assessment Agreement for trunk utility improvements • The requirements as set forth in the Developer's Agreement • Provide a list of areas(to the nearest square foot) of all lots, outlots and road right-of- ways certified by surveyor. • Revision to plat shall include expanding the proposed sanitary sewer and water drainage and utility easement to 25' in width. • Revision to plat shall include the standard drainage and utility easement along the boundary of plat. • Prior to release of final plat,Developer shall enter into a cross access, storm sewer and maintenance agreement with Heritage Place Townhome Association. Attachments • Resolution • Drawing of final plat CITY OF EDEN PRAIRIE HENNEPIN COUNTY,IVHNNESOTA RESOLUTION NO. 05- A RESOLUTION APPROVING FINAL PLAT OF HERITAGE PINES WHEREAS, the plat of Heritage Pines 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 Heritage Pines is approved upon compliance with the recommendation of the City Engineer's report on this plat dated April 12,2005. B. 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. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on April 12, 2005. Nancy Tyra-Lukens,Mayor ATTEST: SEAL Kathleen A. Porta, City Clerk HERITAGE PINES ' I R.T. DOC. g / s. 4f. r rhJr/ +tlJ, � 0� • 3 A J ' C3Z6•o/0,6go / / '( 7:1 0 20 40 v FrOB98k8 ® err ' /4'31 R3 aS 91l� ap ji •Found monument. w g�/ RS 2i "' O 1/e kch by 14 Inch Iron n enl set �P. qg 1E gend marked with MrXre"o o Lkenee No.23968. 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SHEET 2 OF 2 SHEETS CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 12, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Randy Slick Final Plat Approval of Eagle Ridge at VII.C. Public Works/Engineering Hennepin Village Five Requested Action Move to: Adopt the resolution approving the final plat of Eagle Ridge at Hennepin Village Five. Synopsis This proposal is for the plat located north of TH 212 between Spring Road and Flying Cloud Airport. The plat consists of 14.30 acres to be divided into 116 residential lots and four outlots. This is a replat of Outlots J and K, Eagle Ridge at Hennepin Village Four and Tract C, Registered Land Survey No. 1737. Background Information The preliminary plat was approved by the City Council on March 18, 2003. Reading of the Rezoning Ordinance and final approval of the Developer's Agreement was completed on May 20, 2003 The resolution includes a variance to City Code 12.20 Subd.2.A. waiving the requirement for final plat approval within six months of preliminary plat approval. Approval of the final plat is subject to the following conditions: • Receipt of engineering fee in the amount of$5,800.00 • Prior to release of the final plat, Developer shall provide to the City a current title insurance policy. • Satisfaction of bonding requirements for the installation of public improvements • Execution of Special Assessment Agreement for trunk utility improvements • The requirements as set forth in the Developer's Agreement • Provide a list of areas(to the nearest square foot) of all lots, outlots and road right-of- ways certified by surveyor. Attachments • Resolution • Drawing of final plat CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2005- A RESOLUTION APPROVING FINAL PLAT OF EAGLE RIDGE AT HENNEPIN VILLAGE FIVE WHEREAS, the plat of Eagle Ridge at Hennepin Village Five has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder,and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW,THEREFORE,BE IT RESOLVED by the Eden Prairie City Council: A. Plat approval request for Eagle Ridge at Hennepin Village Five is approved upon compliance with the recommendation of the City Engineer's report on this plat dated April 12,2005. B. Variance is herein granted from City Code 12.20 Subd. 2.A. waiving the six-month maximum time lapse between the approval date of the preliminary plat and filing of the final plat as described in said engineer's report. C. That the City Clerk is hereby directed to supply a certified copy of this resolution to the owners and subdivision of the above named plat. D. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on April 12, 2005. Nancy Tyra-Lukens,Mayor ATTEST: SEAL Kathleen A. Porta,City Clerk EAGLE RIDGE AT HENNEPIN VILLAGE FIVE R.T. DOC. 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Wel -----1----s L. 1 _ :s q•` +,•¢:''e"' ' r:'48 ee,,,o.moon se bend wen...mod s` �,r a 1 •% + t •• ,'• '•tree'. aaem,. On segrt 7... •\1 Mar ' 1n,0 r hn h.NY•nd ro}i,wd NI li,.a,10 rarl I . agrn e.a e4Ja°bl 4 I:,e.as r0".r 1 ..,� 31; »��8' �i d r,• wdM and p,b„h,nq eI M.i ega..eUe.Ne fin 4y. grimed Ina.n M de6 \...^ l �: j 1 .. p WESTWOOD .--r ' - No3°e!'14$ "�)145 — Refatn"te SM.eLL Me Fen./fI 3 OM. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 12, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Eugene A. Dietz Approve Professional Services VII.D. Public Works Agreement with HTPO relating to Flying Cloud Drive outside storage site. Requested Action Move to: Approve Professional Services Agreement with HTPO for plans and specifications and contract administration for the site work related to the Flying Cloud Drive outside storage facility, in the amount of$26,000. Synopsis HTPO was originally hired to prepare the preliminary site and grading plan for the maintenance outside storage site (MOSS). To date, the rezoning of the site has been completed, grading permits have been issued and the MAC has approved the layout. The contract with HTPO will convert the preliminary information into construction documents for bidding purposes and the firm will perform the construction administration upon award of a contract. Background Information The MOSS was acquired in January, 2002, and a salt storage facility was budgeted for in the CIP for 2004. It was initially contemplated that City staff would perform the site work in preparation for the salt storage facility. Although some initial grading and construction of storage bins on the site have been completed by staff, the balance of the work competes with the seasonal demand of regular maintenance duties and has proven to be impractical. Therefore, it is proposed that the site grading and utility work be contracted and staff will construct the Stage II pavement areas only. When the site grading is complete, bids will be solicited for construction of the salt storage facility. This phase of the MOSS is expected to be complete and serviceable for our 2005/2006 winter season. Financial Considerations The estimated cost for the site work, salt storage facility and engineering services is $600,000 - $625,000. The funding sources are proposed as follows: • $450,000 CIP/Salt storage building • $75,000 Stormwater utility • $75,000 Utility enterprise fund • $25,000 Pavement management Staff recommends approval of the Agreement with HTPO so that the project may be initiated and completed this season. Attachments • Professional Services Agreement p 1 I Engineering•Surveying 1,1 Landscape Architecture March 28,2005 Mr. Gene Dietz City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 Re: Flying Cloud Drive Outside Storage (17-acre site) Eden Prairie,MN Dear Gene: • As requested, the following estimate for civil engineering and surveying services for the above referenced project is provided for your consideration. Estimate Scope of Services $7,000.00 Preparation of construction documents for grading,storm sewer,and erosion control. Includes permit application to MnDOT for storm sewer and grading work within Hwy.212 right-of-way. $19,000.00 Bid administration,construction administration,staking and inspection for grading,storm sewer,and erosion control. Includes as built survey to check completed subgrade,and up to 50 hours for construction inspection. HTPO, Inc. proposes to provide services in accordance with 7510 Market Place Drive the attached General Conditions. Invoices will be submitted Eden Prairie,MN 55344 based on actual hours worked using a 2.4 multiplier times 952-829-0700 direct personnel expense. We will keep you informed of our 952-829-7806 fax work progress and the above fee estimates will not be exceeded without prior approval from your office. HANSEN THORP PELLINEN OLSON, INC. Dietz/Johnson March 28,2005 Page 2 Customary reimbursable expenses (printing, courier, and other out-of-house services and documents) are passed on directly to you. We invoice our services monthly payable within 30 days. Thank you for this opportunity to provide our services. Sincerely, HANSEN THORP PELLINEN OLSON, INC. CieMitt; fi:Isyrkw.•�.-- Laurie A.Joon,P.E. Principal LAJ:kb Endosure Approved: City of Eden Prairie By: By: CITY OF EDEN PRAIRIE GENERAL CONDITIONS Consultant Agreement SECTION 1: PROJECT INFORMATION by Consultant's negligence. 1.1 City will provide to Consultant all known information 2.5 City agrees to render reasonable assistance requested by regarding existing and proposed conditions of the site or which Consultant to enable performance of work without delay or affects the work to be performed by Consultant Such interference,and upon request of Consultant,to provide a suitable information shall include, but not be limited to site plans, workplace. surveys, known hazardous waste or conditions, previous laboratory analysis results,written reports,soil boring logs and 2.6 City will be responsible for locating and identifying all applicable regulatory site response(Project Information). subterranean structures and utilities. Consultant will take reasonable precautions to avoid damage or injury to subterranean 1.2 City will transmit to Consultant any additions,updates,or structures and utilities identified and located by City and/or revisions to the Project Information as it becomes available to representatives of Utility Companies. City,its subcontractors or consultants. SECTION 3: SAMPLES 1.3 City will provide an on-site representative to Consultant within 24 hours upon request, to aid, define, supervise, or 3.1 Consultant may retain at its facility selected soil, water, or coordinate work or Project Information as requested by material samples for a maximum of 30 days after completion of Consultant the work and submission of Consultant's report,which samples shall remain the property of City. Unless otherwise directed by 1.4 Consultant will not be liable for any decision,conclusion, the City,Consultant may dispose of any samples after 30 days. recommendations, judgement or advice based on any inaccurate information furnished by City, or other 3.2 Disposal of contaminated or hazardous waste samples is the subcontractors or consultants engaged by City. responsibility of City. After said 30 days,City will be responsible to select and arrange for lawful disposal procedures that include SECTION 2: SITE LOCATION,ACCESS,PERMITS, removal of samples from Consultant's custody and transporting APPROVALS AND UTILITIES them to a disposal site. City may request, or if City does not arrange for disposal, Consultant may deliver samples to City, 2.1 City will indicate to Consultant the property lines of the freight collect,or arrange for lawful disposal and bill City at cost site and assume responsibility for accuracy of markers. plus 15%. 2.2 City will provide for right-of-way for Consultant personnel SECTION 4: FEE PAYMENT/CLAIMS and equipment necessary to perform the work. 4.1 Consultant will submit invoices to City monthly,and a final 2.3 City will be solely responsible for applying for and invoice upon completion of work. Invoices will show charges obtaining permits and approvals necessary for Consultant to based on the current Consultant Fee Schedule or other documents perform the work. Consultant will assist City in applying for as attached. and obtaining such permits and approvals as needed. It is understood that City authorizes Consultant to act as agent for 4.2 To receive any payment on this Contract,the invoice or bill City for City's responsibilities under this section including must include the following signed and dated statement "I declare signing certain forms on City's behalf such as Right-of-Way under penalty of perjury that this account, claim, or demand is forms. just and correct and that no part of it has been paid." 2.4 While Consultant will take reasonable precautions to 4.3 The balance stated on the invoice shall be deemed correct minimize any damage to property,it is understood by City that unless City notifies Consultant,in writing,of the particular item in the normal course of the work some damage may occur. that is alleged to be incorrect within ten (10) days from the The correction of any damage is the responsibility of City or, invoice date. Consultant will review the alleged incorrect item at City's direction,the damage maybe corrected by Consultant within ten(10)days and either submits a corrected invoice or a and billed to City at cost plus 15%. Notwithstanding the statement indicating the original amount is correct above,Consultant agrees to be responsible for damage caused Ci01 of Eden Prairie General Conditions Consultant Agreement December 2000 Page 1 of 4 4.4 Payment is due upon receipt of invoice (or corrected to mislead others by omitting certain aspects contained in the invoice)and is past due sixty(60)days from invoice date. On report. past due accounts,City will pay a finance charge of 1.5%per month on the unpaid balance,or the maximum allowed by law, 5.5 Consultant will consider Project Information as confidential whichever is less,until invoice is fully paid. and will not disclose to third parties information that it acquires, uncovers, or generates in the course of performing the work, 4.5 If City fails to pay Consultant within sixty (60) days except as and to the extent Consultant may,in its sole discretion, following invoice date, Consultant may deem the default a deem itself required by law to disclose. breach of its agreement, terminate the agreement, and be relieved of any and all duties under the agreement City SECTION 6: DISPUTES/LIMITATIONS OF REMEDIES however,will not be relieved of Fee Payment responsibilities by the default or termination of the agreement. 6.1 In the event of a breach of Contract by City,the Consultant shall not be entitled to recover punitive,special or consequential 4.6 City will be solely responsible for applying for and damages or damages for loss of business. obtaining any applicable compensation fund reimbursements from various state and federal programs. Consultant may 6.2 City will pay all reasonable litigation or collection expenses assist City in applying for or meeting notification including attorney fees that Consultant incurs in collecting any requirements,however. Consultant makes no representations delinquent amount City owes under this agreement or guarantees as to what fund reimbursement City may receive. Consultant shall not be liable for any reductions from 63 If City institutes a suit against Consultant,which is dismissed, reimbursement programs made for any reason by state or dropped,or for which judgement is rendered for Consultant,City federal agencies, except as may be caused by Consultant's will pay Consultant for all costs of defense,including attorney negligence. fees,expert witness fees and court costs. 4.7 City may withhold from any final payment due the 6.4 If Consultant institutes a suit against City,which is dismissed, Consultant such amounts as are incurred or expended by the dropped,or for which judgement is rendered for City,Consultant City on account of the termination of the Contract will pay City for all costs of defense, including attorney fees, expert witness fees and court costs. SECTION 5: OWNERSHIP OF DOCUMENTS 6.5 Dispute Resolution 5.1 Consultant will deliver to City certain reports as instruments of the professional work or services performed 6.5.1 Mediation pursuant to this Agreement. All reports are intended solely for City,and Consultant will not be liable for any interpretations All claims, disputes and other matters in question(hereinafter made by others. "claim")between the parties to this Agreement,arising out of or relating to this Agreement or the breach thereof,shall be subject 5.2 City agrees that all reports and other work furnished to to mediation. If the parties have not resolved the dispute within City,or City's agents or representatives,which are not paid for, thirty(30)days of receipt of a written complaint,each party may will be returned to Consultant upon demand and will not be require the dispute be submitted for mediation. If the parties are used by City for any purpose. unable to agree on a mediator within ten(10)days following a request for mediation,either party may request that a mediator be 5.3 Unless otherwise agreed, Consultant will retain all appointed by the Fourth Judicial District Court. The parties agree pertinent records or reports concerning work and services to share equally all fees incurred in the mediation. performed for a period of at least two(2)years after report is submitted. During that time the records will be made available The parties shall submit to mediation for a minimum of eight(8) to City during Consultant's normal business hours. City may hours. The parties agree that the mediation proceedings are obtain reproducible copies of all software, manuals, maps, private and confidential If, at the end of eight hours of drawings, logs and reports at cost, plus 15%, for data and mediation,the parties have not resolved the dispute,the parties materials not being provided as part of the scope of work for may agree to extend hours of mediation. the project. 6.5.2 Arbitration 5.4 City may use the Consultant report in its entirety and may make copies of the entire report available to others. However, At the option of the party asserting the same,a claim between the City shall not make disclosure to others of any portions or parties to this Agreement, arising out of or relating to this excerpts of a report constituting less than the entire report,or Agreement or the breach thereof;, whereby the party or parties City of Eden Prairie General Conditions Consultant Agreement December 2000 Page 2 of 4 asserting the same claims entitlement to damages or payment 7.3 Although data obtained from discrete sample locations will be of less than $25,000.00 in aggregate may be decided by used to infer conditions between sample locations no guarantee arbitration in accordance with the Construction Industry may be given that the inferred conditions exist because soil, Arbitration Rules of the American Arbitration Association then surface and groundwater quality conditions between sample existing unless the parties mutually agree otherwise. In the locations may vary significantly,and because conditions at the event any person shall commence an action in any court for time of sample collection may also vary significantly with respect any claim arising out of or relating to this Agreement or the to soil,surface water and groundwater quality at any other given breach thereof or the Project or construction thereof or any time and for other reasons beyond Consultant's control. contract for such construction, the party making a claim in arbitration may dismiss such proceedings(unless the hearing 7.4 Consultant will not be responsible or liable for the on the claim has commenced)and elect to assert its claim in interpretation of its data or report by others. such action if such party could have done so but for the provisions of this Paragraph. SECTION 8: GENERAL INDEMNIFICATION The parties agree to bear equal responsibility for the fees of 8.1 Consultant will indemnify and hold City harmless from and AAA,including the arbitrator(s). Judgement upon the award against demands,damages,and expenses caused by Consultant's rendered by the arbitrator(s) may be entered in any court negligent acts and omissions,and breach of contract and those having jurisdiction thereof. negligent acts, omissions, and breaches of persons for whom Consultant is legally responsible. City will indemnify and hold In the event that arbitration services are not available from Consultant harmless from and against demands, damages, and AAA,either party may request that an arbitrator be appointed expenses caused by City's negligent acts and omissions, and by the Fourth Judicial District Court. breach of contract and those acts, omissions, and breaches of persons for whom City is legally responsible. 6.5.3 Compliance SECTION 9: INSURANCE/WORKER'S The parties deem the dispute resolution procedure as set forth COMPENSATION herein to be an integral and essential part of this Agreement. A parry's failure to comply in all respects with this procedure 9.1 Consultant represents and warrants that it has and will shall be a substantial breach of this Agreement. The maintain during the performance of this agreement Worker's arbitrator(s)shall be authorized to assess costs and attorney's Compensation Insurance coverage required pursuant to Minn. fees against a party that has failed to comply with the Stat. 176.181,subd.2 and that the Certificate of Insurance or the procedure in all respects,and,may as a condition precedent to written order of the Commissioner of Commerce permitting self arbitration,require the parties to mediate in accordance with insurance of Worker's Compensation Insurance coverage Section 6.5.1 hereof. provided to the City prior to execution of this agreement is current and in force and effect. SECTION 7: STANDARD OF CARE 9.2 Consultant shall procure and maintain professional liability 7.1 Because no sampling program can prove the non-existence insurance for protection from claims arising out of professional or non-presence of contaminated conditions or materials services caused by any negligent act,error or omission for which throughout the "entire" site or facility, Consultant cannot Consultant is legally liable. warrant,represent,guarantee,or certify the non-existence or non-presence, or the extent of existence or presence, of 93 Certificate of insurance will be provided to City upon request. contaminated conditions or materials, and City's obligation under this agreement will not be contingent upon Consultant's SECTION 10: TERMINATION delivery of any warranties, representations, guarantees, or certifications. 10.1 The agreement between Consultant and City may be terminated by either party upon thirty-(30)days written notice. 7.2 Consultant's opinions,conclusions,recommendations,and report will be prepared in accordance with the proposal,scope 10.2 If the agreement is terminated prior to completion of the of work,and Limitations of Environmental Assessments and project, Consultant will receive an equitable adjustment of no warranties,representations,guarantees,or certifications will compensation. be made. Except that Consultant warrants that hardware and software will perform as represented in proposal and other parts of this agreement. City of Eden Prairie General Conditions Consultant Agreement December 2000 Page 3 of 4 SECTION 11: ASSIGNMENT SECTION 17: DATA PRACTICES ACT COMPLIANCE 11.1 Neither party may assign duties,rights or interests in the 17.1 The Consultant shall at all times abide by Minn.Stat. 13.01 performance of the work without obtaining the prior written et seq., the Minnesota Government Data Practices Act, to the consent of the other party, which consent will not be extent the Act is applicable to data and documents in the unreasonably withheld. possession of the Consultant. SECTION 12: DELAYS SECTION 18: DISCRIMINATION 12.1 If Consultant is delayed in performance due to In performance of this contract, the Consultant shall not any cause beyond its reasonable control, including but not limited to discriminate on the grounds of or because of race,color,creed, religion,national i i marital status,status with regards to strikes,riots,fires acts ofgovernmental actions,actions origin,sex, God, of a third party, or actions or inactions of City,the time for public assistance,disability,sexual orientation,or age against any performance shall be extended by a period of time lost by employee of the Consultant,any subcontractor of the Consultant, reason of the delay. Consultant will be entitled to payment for or any applicant for employment. The Consultant shall include a its reasonable additional charges,if any,due to the delay. similar provision in all contracts with subcontractors to this Contract. The Consultant further agrees to comply will all aspects SECTION 13: EXTRA WORK of the Minnesota Human Rights Act,Minn.Stat.363.01,et seq., Title VI of the Civil Rights Act of 1964,and the Americans with 13.1 Extra work, additional compensation for same, and Disabilities Act of 1990. extension of time for completion shall be covered by written amendment to this agreement prior to proceeding with any SECTION 19: CONFLICTS extra work or related expenditures. No salaried officer or employee of the City and no member of the SECTION 14: WITHHOLDING TAXES Board of the City shall have a financial interest,direct or indirect, in this contract. The violation of this provision renders the 14.1 No final payment shall be made to the Consultant until Contract void. Any federal regulations and applicable state the Consultant has provided satisfactory evidence to the City statutes shall not be violated. that the Consultant and each of its subcontracts has complied with the provisions of Minn. Stat 290.92 relating to SECTION 20: ENTIRE AGREEMENT withholding of income taxes upon wages. A certificate by the Commissioner of Revenue shall satisfy this requirement. 18.1 This Agreement contains the entire understanding between the City and Consultant and supersedes any prior written or oral SECTION 15: AUDITS agreements between them respecting the written subject matter. There are no representations, agreements, arrangements or 15.1 The books, records, documents and accounting understandings, oral or written between City and Consultant procedures and practices of the Consultant or other parties relating to the subject matter of this Agreement which are not relevant to this Agreement are subject to examination by the fully expressed herein. City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this 18.2 The agreement between Consultant and City may be Contract. modified only by a written amendment executed by both City and Consultant. SECTION 16: PAYMENT TO SUBCONTRACTORS 18.3 This agreement is governed by the laws of the State of 16.1 The Consultant shall pay to any Subcontractor within ten Minnesota. (10)days of the Consultant's receipt of payment from the City for undisputed services provided by the Subcontractor. The Consultant shall pay interest of one and a half percent (1-1/2%)per month or any part of a month to a Subcontractor on any undisputed amount not paid on time to the Subcontractor. The minimum monthly interest penalty payment for an unpaid balance of$100.00 or more is$10.00. For an unpaid balance of less than$100.00, the Consultant shall pay the actual amount due to the Subcontractor. City of Eden Prairie General Conditions Consultant Agreement December 2000 Page 4 of 4 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 12, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Eugene A.Dietz Approve Termination of Tax Abatement VII.E. Public Works Agreement and Supporting Documents for ADC Requested Action Move to: • Approve termination of Tax Abatement Agreement with ADC; • Approve Fourth Amendment to Developers Agreement with ADC; and • Approve Agreement regarding special assessments with ADC. Synopsis In 1999, the City and ADC entered into a Tax Abatement Agreement, wherein the City of Eden Prairie would abate $1,400,000 in taxes towards the construction cost of the improvement of Technology Drive. ADC has determined and City staff agree with a plan to eliminate the Tax Abatement Agreement in favor of a special assessment obligation to ADC and that the City of Eden Prairie would contract for the road improvements. The combination of the Termination Agreement, Fourth Amendment to Developers Agreement and Special Assessment Agreement accomplish the following: 1) The tax abatement strategy will be null and void 2) The obligation to construct Technology Drive remains unchanged, but becomes a Special Assessment Project,rather than a developer constructed project 3) The anticipated cost for the project from 1999 until today has increased from approximately $2 million to $3,100,000. The primary reason that the price has changed is that the project has gone through a much more refined design process and, of course, inflation has occurred over the past six years. 4) In order to encourage ADC to continue with its obligation, in light of the increased cost, the Assessment Agreement is written to just cover our costs. The 9% administrative fee has been waived, the interest rate is estimated at 3.75 % and no additional fees are contemplated. 5) The City of Eden Prairie will still contribute $1,400,000 towards the cost of the project, just as if the Abatement Agreement were in place. However, ADC will be paying all interest costs associated with selling bonds on the City's share of the project cost. 6) The essential responsibilities for ADC remain unchanged from the originally contemplated project, as approved in 1999. Staff recommends that the documents be approved as submitted. Attachments • Tax Abatement Agreement with ADC • Fourth Amendment to Developers Agreement with ADC • Agreement regarding special assessments with ADC TERMINATION OF TAX ABATEMENT AGREEMENT This Termination of Tax Abatement Agreement is entered into as of , , 2005, by and between ADC Telecommunications, Inc., a Minnesota corporation hereinafter referred to as "ADC" and the City of Eden Prairie, a municipal corporation hereinafter referred to as the"City." WHEREAS, The parties entered into a Tax Abatement Agreement as of July 20, 1999, filed on December 15, 2003 as Document Number 3892829 with the Office of the Registrar of Titles, Hennepin County,Minnesota; and WHEREAS, pursuant to the Tax Abatement Agreement: a. City agreed to an abatement of taxes, with respect to ADC's Property, in the maximum aggregate amount of One Million Four Hundred Thousand Dollars ($1,400,000), ("Tax Abatement"). b. As a condition to the receipt of Tax Abatement payments, ADC assumed certain obligations including the construction of certain Road Improvements, as defined in the Developer's Agreement(defined below) ("Road Improvements"). WHEREAS, the parties entered into a Developer's Agreement as of July 20, 1999, which was amended by First Amendment to Developer's Agreement as of September 18, 2001, Second Amendment to Developer's Agreement as of May 15, 2001, and Third Amendment to Developer's Agreement as of February 5, 2002, and Fourth Ammendment to Developer's Agreement of even date herewith (collectively, the "Developer's Agreement"). WHEREAS, the City through December 31, 2005, will have received Net Amount of Property Taxes as defined in the Tax Abatement Agreement, ("Net Amount of Property Taxes") in the aggregate amount of$356,450, and; WHEREAS, Net Amount of Property Taxes received by City has not been paid to ADC because it has not constructed the Road Improvements which is a condition to the payment of the Net Amount of Property Taxes to ADC, and: WHEREAS, ADC wishes to be relieved of the obligation of constructing the Road Improvements and is willing to forgo payment to it of the Net Amount of Property Taxes received by City through December 31, 2005, as well as any Net Amount of Property Taxes to be received byCitythereafter, and; p rtY > WHEREAS, ADC is willing to agree to assume certain other obligations with respect to the construction of the Road Improvements as provided in the Fourth Amendment of Developer's Agreement between the parties as of the date hereof,and; 2 WHEREAS, City is willing to relieve ADC of its obligations with respect to the Road Improvements arising out of the Tax Abatement Agreement and Developer's Agreement in return for ADC's acceptance of other obligations relating to the construction of the Road Improvementstermi i f ADC's right to receive Net and termination o Amount of Property Taxes received by City in the past or in the future. NOW THEREFORE, City and ADC agree as follows: Section 1. The Tax Abatement Agreement is terminated as of the date hereof. Section 2. ADC unconditionally waives and forgoes any right to receive any Net Amount of Property Taxes which have been received and held by City or in the future will, or may be received, by City and City has and shall have no obligation to pay to ADC any such Net Amount of Property Taxes. Section 3. Nothing in this Termination Agreement shall relieve ADC of any past or future obligation arising out of the Developer's Agreement except as the Developer's Agreement has been or may be amended by the parties. 3 IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. ADC TELECOMMUNICATIONS,INC. By: Its: CITY OF EDEN PRAIRIE By: Nancy Tyra-Lukens Its: Mayor By: Scott H.Neal Its: City Manager STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 2005, by the of ADC Telecommunications, Inc., a Minnesota corporation. Notary Public STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 2005, 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 4 FOURTH AMENDMENT TO DEVELOPER'S AGREEMENT ADC TELECOMMUNCIATIONS,INC. This Fourth Amendment to Developer's Agreement is entered into as of this day of , 2005, by ADC Telecommunications, Inc., a Minnesota corporation hereinafter the "Developer" and the City of Eden Prairie, a Minnesota municipal corporation hereinafter the "City." ty. RECITALS: A. Developer and City entered into a Developer's Agreement as of July 20, 1999, filed on December 15, 2003 as Document Number 3892828 with the Office of the Registrar of Titles, Hennepin County, Minnesota(the"Original Developer's Agreement"). B. The parties entered into the First Amendment to Developer's Agreement as of September 18,2001, filed on December 15, 2003 as Document Number 3892830 with the Office of the Registrar of Titles, Hennepin County, Minnesota. C. The parties entered into the Second Amendment to Developer's Agreement as of May 15, 2001 filed on December 15, 2003 as Document Number 3892831 with the Office of the Registrar of Titles, Hennepin County, Minnesota. 1 D. The parties entered into the Third Amendment to Developer's Agreement as of February 5, 2002 filed on as Document Number with the Office of the Registrar of Titles. E. The Original Developer's Agreement together with the amendments described above is hereafter collectively called the"Developer's Agreement." F. The parties wish to amend the Developer's Agreement by amending Section 4. entitled "Road Improvements." NOW THEREFORE, in consideration of the mutual promises and undertaking, the parties agree as follows: The Developer's Agreement is amended by replacing Section 4. entitled "Road Improvements"with the following: 4. Road Improvements: A. Definitions. The following terms used herein shall have the following meanings: i. "Improvements," shall mean those improvements including the: a. Road Improvements to Technology Drive and the intersection of Technology Drive and Mitchell Road as depicted by drawings prepared by Landform Engineering, dated January 11, 2002 , titled "Technology Drive Improvements, I.C. 00-5508"and on file in th e office of the City Engineer including the reconstruction of Technology Drive from a 2 lane roadway to a 4 lane roadway, new curb and gutter, new trails, reconstruction of the intersection of Technology Drive and Mitchell Road, including the traffic 2 signals, all in general conformance with preliminary plans prepared by Landform Engineering dated January 11, 2002, titled "Technology Drive Improvements, I.C. 00-5508". Each party acknowledges that they are in possession of said drawings; b. "Watermain Improvements which are defined as the construction and excavation work necessary to install 390 feet of new 24 inch D.I.P. water main pipe from Station 0+10.00 to Station 3+95.15 to replace existing 24 inch concrete water main pipes; and c. The following enhancements: (1) decorative planters, (2)pedestrian lighting, and(3) signal interconnect("Project Enhancements"). The Improvements shall also include the acquisition of any right- of-way or easements required as well as any land necessary for the replacement, as required by law, of any wetlands that must be altered for the construction of the Improvements. ii. "Cost of Improvements." The Cost of Improvements shall include all costs associated with constructing the Improvements, acquiring right-of-way and easements, replacement of wetlands and all costs associated therewith, including but not limited to, those incurred for services of designers, contractors, attorneys and other consultants, but excluding (a) amounts heretofore paid or incurred as of the date hereof by ADC in connection with the Improvements, including, but not limited to, costs incurred for 3 professional services in preparing plans and specifications and any preliminary plans related to the Improvements (b) the costs of the Project Enhancements (c) Watermain Improvements (d) staff time of both the Developer and the City and (e) the City's customary 9%administrative fee. iii. "Project Costs." The Project Costs shall include the Cost of Improvements as well as, and in addition to, the principal and interest relating to the sale of bonds, the proceeds of which are used for the payment of the Cost of Improvements together with all actual costs associated with the sale of bonds, including financial consultants, attorneys' fees, paying agent and other service fees and all other costs associated therewith, estimated to be approximately $50,000. B. "Construction of Improvements." In the event, and subject to such public hearings as necessary, if any, and City Council approval, City will undertake to make the Improvements as a City project pursuant to Minnesota Statutes Chapter 429 ("City Project") in accordance with the following items: i. "Payment for Project Enhancements." The costs of the Project Enhancements will be paid by the City. ii. "Payment for Watermain Improvements." The costs associated with the installation of the Watermain Improvements will be paid by the City. iii. "Payment for south bound right turn lane from Mitchell Road to Technology Drive (Right Turn Lane)." The additional cost to 4 expand the pavement width to construct the right turn lane, not including the cost of curb and gutter,will be paid by the City. iv. "Financing." The Project Costs will be financed by the sale of bonds in the amount of the Project Costs reduced by an amount of $356,450.00, which amount will be paid by City ("City's Initial Payment"). The bonds will be payable over a period of 10 years. The sources of payment of principal of and interest accruing with respect to the bonds will be as follows: City will from its general revenues, provide a maximum amount of One Million Four Hundred Thousand Dollars ($1,400,000) ("City's Maximum Amount") which includes the City's Initial Payment. The balance of the maximum amount after deducting the City's Initial Payment is $1,043,550.00 which will be provided by City for the debt service in equal annual installments for a period of 10 years. The balance of the Project Costs will be specially assessed against ADC's Property, which amount will be payable during a period of 10 years and will bear interest at the rate of the actual rate established by the sale of the special assessment bonds, estimated to be 3.75 % per annum. The parties will enter into and cause to be filed, a special assessment agreement in the form of Exhibit 1 attached hereto and made a part hereof. 5 IN WITNESS WHEREOF,the parties have signed this Agreement as of the day and year foresaid: ADC TELECOMMUNICATIONS,INC. CITY OF EDEN PRAIRIE By Nancy Tyra-Lukens,Mayor Its Scott H.Neal, City Manager STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2005, 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 ) This instrument was acknowledged before me on the day of 2005, by the of ADC Telecommunications, Inc, a Minnesota corporation. Notary Public 6 EXHIBIT 1 AGREEMENT REGARDING SPECIAL ASSESSMENTS THIS IS AN AGREEMENT made this day of , 2005, between the City of Eden Prairie, a municipal corporation, (the "City"), and ADC Telecommunications, Inc, a Minnesota corporation(the "Owner"). A. The Owner holds legal and equitable title to property legally described as Lot 1, Block 1 Technology Campus 3rd Addition, Hennepin County, and hereinafter referred to as the "Property." B. The City intends to construct certain public improvements including the reconstruction of Technology Drive from a 2 lane roadway to a 4 lane roadway, new curb and gutter, new trails, reconstruction of the intersection of Technology Drive and Mitchell Road, including the traffic signals all in general conformance with preliminary plans prepared by Landform Engineering, dated January 11, 2002, titled "Technology Drive Improvements, I.C. 00-5508" as on file in the office of the City Engineer, each party acknowledging possession of a copy of said plans(the "Improvements"). C. The parties hereto desire to enter into an agreement concerning the financing of the construction of the Improvements and other matters, all of which will inure to the benefit of the Property. 7 AGREEMENTS IT IS HEREBY AGREED AS FOLLOWS: 1. The Owner acknowledges that the Property does benefit from the Improvements and the Owner consents to the levying of assessments against the Property for the construction of the Improvements in amounts set forth below. 2. The total principal amount of special assessments to be levied against the Property and certified for collection by Hennepin County on account of the Improvements is $2,040,000. 3. The Owner waives any notice of any assessment hearing to be held at which hearing or hearings the assessments are to be considered by the City Council and thereafter approved and levied. 4. The Owner waives all rights it has by virtue of Minnesota Statutes Sec. 429.081 or otherwise to object to or challenge the amount or validity of the assessments, or the procedures used by the City in apportioning the assessments and hereby releases the City, its officers, agents and employees from any and all liability related to or arising out of the imposition or levying of the assessments. 5. The Owners concur that the benefit to the Property by virtue of the Improvements to be constructed are at least equal to if not greater than the amount of the assessments to be levied against the Property hereunder. 6. Special assessments levied against the Property shall be due and payable over a ten (10) year period of semi-annual installments together with interest at the rate of 3.75%, the first installment and interest payment shall be payable commencing with the ad valorem taxes due and payable in the first half of 2006. 8 7. This agreement shall be effective immediately. CITY OF EDEN PRAIRIE A Minnesota Municipal Corporation By Nancy Tyra-Lukens Its Mayor By Scott H.Neal Its City Manager I, , the of, ADC Telecommunications, Inc., a Minnesota corporation having read the foregoing Agreement and understanding the terms of the Agreement set forth therein and being knowledgeable of the facts of this matter and the Owner's legal rights in regard thereto, hereby acknowledge the Owner's consent and acceptance of said Agreement. ADC Telecommunications,Inc. By Its STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2005, by Nancy Tyra-Lukens and Scott H. Neal, the Mayor and City Manager of the City of Eden Prairie, a municipal corporation, on behalf of the corporation. Notary Public 9 STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2005, by , the of ADC Telecommunications, Inc. a Minnesota corporation, on behalf of the corporation. Notary Public This Document was drafted by Gregerson,Rosow, Johnson&Nilan Ltd. 1600 Park Building 650 Third Ave. S. Minneapolis,MN 55402 P:\Home\EP\ADC Telecommunications\FOURTH AMENDMENT TO DEV AGMT.0021205 10 AGREEMENT REGARDING SPECIAL ASSESSMENTS THIS IS AN AGREEMENT made this day of , 2005, between the City of Eden Prairie, a municipal corporation, (the "City"), and ADC Telecommunications, Inc, a Minnesota corporation(the "Owner"). A. The Owner holds legal and equitable title to property legally described as Lot 1, Block 1 Technology Campus 3rd addition, Hennepin County, and hereinafter referred to as the "Property." B. The City intends to construct certain public improvements including the reconstruction of Technology Drive from a 2 lane roadway to a 4 lane roadway, new curb and gutter, new trails, reconstruction of the intersection of Technology Drive and Mitchell Road, including the traffic signals all in general conformance with preliminary plans prepared by Landform Engineering dated January 11, 2002, titled"Technology Drive Improvements, I.C. 00- 5508" as on file in the office of the City Engineer, each party acknowledging possession of a copy of said plans(the "Improvements"). C. The parties hereto desire to enter into an agreement concerning the financing of the construction of the Improvements and other matters, all of which will inure to the benefit of the Property. 1 AGREEMENTS IT IS HEREBY AGREED AS FOLLOWS: 1. The Owner acknowledges that the Property does benefit from the Improvements and the Owner consents to the levying of assessments against the Property for the construction of the Improvements in amounts set forth below. 2. The total principal amount of special assessments to be levied against the Property and certified for collection by Hennepin County on account of the Improvements is $2,040,000. 3. The Owner waives any notice of any assessment hearing to be held at which hearing or hearings the assessments are to be considered by the City Council and thereafter approved and levied. 4. The Owner waives all rights it has by virtue of Minnesota Statutes Sec. 429.081 or otherwise to object to or challenge the amount or validity of the assessments, or the procedures used by the City in apportioning the assessments and hereby releases the City, its officers, agents and employees from any and all liability related to or arising out of the imposition or levying of the assessments. 5. The Owners concur that the benefit to the Property by virtue of the Improvements to be constructed are at least equal to if not greater than the amount of the assessments to be levied against the Property hereunder. 6. Special assessments levied against the Property shall be due and payable over a ten (10) year period in semi-annual installments together with interest at the rate of 3.75%, the 2 first installment and interest payment shall be payable commencing with the ad valorem taxes due and payable in the first half of 2006. 7. This agreement shall be effective immediately. CITY OF EDEN PRAIRIE A Minnesota Municipal Corporation By Nancy Tyra-Lukens Its Mayor By Scott H.Neal Its City Manager I, , the of, ADC Telecommunications, Inc., a Minnesota corporation having read the foregoing Agreement and understanding the terms of the Agreement set forth therein and being knowledgeable of the facts of this matter and the Owner's legal rights in regard thereto, hereby acknowledge the Owner's consent and acceptance of said Agreement. ADC Telecommunications,Inc. By Its STATE OF MINNESOTA ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2005, by Nancy Tyra-Lukens and Scott H. Neal, the Mayor and City Manager of the City of Eden Prairie, a municipal corporation, on behalf of the corporation. Notary Public 3 STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2005, by , the of ADC Telecommunications, Inc. a Minnesota corporation, on behalf of the corporation. Notary Public This Document was drafted by Gregerson,Rosow, Johnson&Nilan Ltd. 1600 Park Building 650 Third Ave. S. Minneapolis, MN 55402 4 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 12, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Eugene A. Dietz Olympic Hills Special Assessment VII.F. Public Works Agreement Requested Action Move to: Approve a Special Assessment Agreement with the Olympic Hills Corporation for water access charge fees, trunk assessments and water connection fees, to allow connection to the City water system, in the amount of$143,400.75. Synopsis As a result of the significant dollar amount for fees associated with projects like the Olympic Hills Clubhouse Renovations, the City of Eden Prairie has allowed collection of these amounts over a period of years as a special assessment rather than as a cash payment at the time of issuance of a permit. The Special Assessment Agreement provides for collection of$143,400.75 over a ten-year period, at an interest rate of 6 'A%. Staff recommends approval of the Special Assessment Agreement. Background Information Over the past several months, the owners of the Olympic Hills Golf Course have been in the process of remodeling the clubhouse facilities. Although the written record is clear that the owner's representatives were provided direction on how to determine the full amount of the fees that would be due for connection to the Municipal water system, it is also clear that the decision makers for the project did not know the full extent of the fees that would be due until very recently. Consequently, approximately one-third of the amount of the fees were not built into the construction budget for the project. The City of Eden Prairie has, on many occasions, allowed these fees to be specially assessed against the property to offset the burden of a cash payment prior to issuance of a permit. Approval of the Special Assessment Agreement is therefore consistent with past practices, creates a viable cash flow solution for the owners of the golf course and allows for what is probably the inevitable outcome that the clubhouse facility be supplied by Municipal water. Staff recommends approval of the Special Assessment Agreement. Attachments Special Assessment Agreement No. 05-03 it SAA No.05-03 AGREEMENT REGARDING SPECIAL ASSESSMENTS THIS IS AN AGREEMENT MADE THIS day of , 2005, between the City of Eden Prairie, a municipal corporation, (the "City") and Olympic Hills Corporation, a Minnesota corporation(the"Owner"). A. The Owner holds legal and equitable title to property as described in Exhibit A attached hereto, which property is the subject of this Agreement and is hereinafter referred to as the "Property". B. The Owner is in the process of remodeling the existing clubhouse of the Olympic Hills Golf Course located on the Property (hereinafter the "Clubhouse Improvements") in a manner that requires and utilizes the City's trunk water system and the existing lateral watermain in Mount Curve Road, including utilizing City water for all commercial purposes and the fire suppression system. C. The construction of the trunk watermain system is financed in part by Water Access Charge (WAC) fees due at the time of issuance of a utility connection permit and by "Trunk Water Assessments" collected/assessed prior to connecting to the water system. Furthermore, City Code Section 3.07 allows the levying of a "Connection Fee" for connecting to a lateral watermain in instances such as this, where the Property has not been levied for or paid for the cost of constructing the existing lateral watermain. The WAC fees, the Trunk Water Assessments and the Connection Fee are hereinafter referred to as the "Improvement Costs." D. The parties hereto desire to enter into an Agreement concerning the financing of the Improvement Costs due for the construction of the "Clubhouse Improvements" for which a building permit has been issued and for which a permit to connect to the City water system is proposed to be issued. AGREEMENTS IT IS HEREBY AGREED as follows: 1. The Owner consents to the levying of assessments against the Property for the Improvement Costs. 2. The total amount to be assessed against the Property shall be$143,400.75. 3. The assessment shall be levied in the fall of 2005 and collection with taxes will commence in 2006. The assessment period shall be ten (10) years. The interest rate shall be six and one half(6 1/2)percent. 4. The City's assessment records for the Property will show the assessment as a "pending assessment"until levied. 5. The Owner waives notice of any assessment hearing to be held at which hearing or hearings the assessment is to be considered by the City Council and thereafter approved and levied. 6. The Owner concurs that the benefit to the Property by virtue of the its connection to the City's trunk and lateral water systems exceeds the amount of the assessment to be levied against the Property for the Improvement Costs. The Owners waive all rights they have by virtue of Minnesota Statute 429.081 or otherwise to challenge the amount or validity of the assessments, or the procedures used by the City in apportioning the assessments and hereby releases the City, its officers, agents and employees from any and all liability related to or arising out of the imposition or levying of the assessments. 7. This agreement is not subject to termination by the Owner and the Owner waives all right in law and/or equity to terminate this agreement. Olympic Hills Corporation CITY OF EDEN PRAIRIE A Minnesota Corporation A Minnesota Municipal Corporation By: By: It's: Nancy Tyra-Lukens,Mayor By: By: It's: Scott H.Neal,City Manager The undersigned, owner of that certain mortgage dated , filed in the office of the , in and for the County of Hennepin, State of Minnesota, on the day of , 2005, and recorded as Document No. , covering the land described on the attached Exhibit A and other land, for valuable consideration, does hereby consent to the above Agreement for Special Assessments and the levying of assessments against the Property as stated above and does forever subordinate said mortgage to the assessments so levied as provided for above. [INSERT NAME OF MORTGAGEE By: ITS: STATE OF MINNESOTA ) )ss HENNEPIN COUNTY ) STATE OF MINNESOTA ) )ss HENNEPIN COUNTY ) The foregoing instrument was acknowledged before me this day of 2005, by Nancy Tyra-Lukens, the Mayor and Scott H. Neal, the City Manager of the City of Eden Prairie,a Minnesota municipal corporation,on behalf of the corporation. Notary Public STATE OF MINNESOTA ) )ss HENNEPIN COUNTY ) The foregoing instrument was acknowledged before me this day of 2005, by the and the of Olympic Hills Corporation, a Minnesota Corporation, on behalf of the Owner. Notary Public The foregoing instrument was acknowledged before me this day of , 2004, by the of on behalf of the Company. Notary Public CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 12, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Robert A. Lambert, Director Recommendation to Provide Full Vehicle VII.G. Parks&Recreation Access to the Purgatory Creek Recreation Area Requested Action Move to: Recommend authorization to prepare plans, specifications and bids for construction of full vehicle access to the Purgatory Creek Recreation Area. Synopsis Due to the soil conditions at the Purgatory Creek Recreation Area, a temporary right-in / right-out access was developed with the first phase development of the Purgatory Creek Recreation Area. The location for the full access at the signalized entry to the Southwest Metro had to be delayed until the surcharge of the entry and proposed road alignment was completed. Soils engineers have indicated that the surcharge can now be removed and the full access developed at any time. The estimated cost for this project is $175,000, which is included in the Capital Improvement Plan, with a funding source of park dedication fees. The Parks, Recreation and Natural Resources Commission unanimously recommended approval at their April 4, 2005 meeting. Background Due to the limited access of a right-in/right-out, the City negotiated a cross-access easement with the Flagship office building owners. Although that cross-access easement will not go away with development of the full access, the new access will be much more convenient for park users, especially those who may be dropping people off at the park and parking at the Southwest Metro Ramp. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 12, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Paul Sticha Alcoholic Beverage Subcontractor at VII.H. OCM, Facilities City Hall Requested Action Move to: Approve Outback Steakhouse Catering as a subcontractor to Taher Business Dining for the sale of alcoholic beverages in the Garden Room at City Hall. Synopsis Minnesota State Law requires an appropriate liquor license in order for any business to dispense alcohol at any establishment. Taher Business Dining does not have a liquor license, because they do not currently own or operate any establishment that serves alcohol(other than the Garden Room). Currently, the City of Eden Prairie cannot issue a liquor license to Taher because of the Education Center at City Hall. Therefore, Taher must subcontract the sale of alcoholic beverages to a contractor with the proper license. Background Information The City of Eden Prairie entered into the Food Service Contract with Taher Business Dining knowing that Taher did not have a liquor license and knowing that Taher would have to subcontract the sale of liquor to a contractor with the proper liquor license. This is just a completion of that understanding. This arrangement is not uncommon in the Garden Room, as ARAMARK subcontracted the sale of liquor both to Complete Beverage Services and to D'Amico and Partners. Sissini Dining subcontracted the sale of liquor to Complete Beverage Services. Attachments Copy of the contract between Taher Business Dining and Outback Steakhouse Catering. Copy of the Caterer's Permit(the appropriate document for the sale of liquor as a subcontractor) issued to Outback Steakhouse by the State of Minnesota. It expires 7 days from now but will be renewed by the State of Minnesota. Copy of the Certificate of Insurance for Outback listing the City of Eden Prairie as an additional insured. 03/15/2005 15:47 FAX 9529450444 TAHER Il002/002 Mar 03 05 08: 56a Outback Catering 952-B76-G62$ p. 2 CONTRACT This agreement is nteani to summarize information both written and verbally agreed upon by Taper Catering and Outback Steakhouse Catering regarding the subcontractual relationship that will be entered into for the sale of alcoholic beverages. This product and the services that accompany it will be provided for Tether Catering at the Eiden Prairie City Center Garden Room by Outback Steakhouse Catering. The following conditions apply A. A sales minimum of$400 per bartender must be met at each event or a$I O0 fee will be incurred and charged to Taher Catering. B.. Price list and brands are as listed(see attached),and subject to change with prior notice C. Outback Steakhouse Catering staff will not be excluded from tipping and the staff will keep those tips.. D. Outback Steakhouse Catering staff will appear in a uniform which consists of black pants and shoes,white button-up oxford shin,with nametag pin including our logo_ lies will be provided by Tither Catering at their expenw. E. Invoicing will be handled as follows: bartenders will arrive with full bottles of inventory and wilt tally drinks as they serve them Upon their return to our suite,a manager will tally the liquor consumed to double check the bartenders tally. The amount consumed will be charged to Taper Catering along with any soda pop.beer.wine,champagne etc. F. Glassware,dishwashing supplies,ice,and portable bars with soda fountain guns will be provided by Taher Catering. O. Any special orders must be placed at least three weeks prior to event. Li. Outback Steakhouse Catering will practice responsible vending and cord any guest who appears under age 35,as well as cease service to any guest at our discretion 1.. Tither Catering will maintain a stock of Pepsi canisters and CO2 for our use at the bar We will be charged for usage of Pepsi products based on inventory consumed per canister. Taper Catering wilt keep us posted of this inventory and we will credit their account accordingly. J. For each event.the client will choose between"Call"bar or"Premium"bar.. This will give us direction as to what brands of liquor to bring onsite. K. Taker Catering will try to notify Outback Steakhouse Catering of any meal selections. menus,guest preferences etc.that may guide us as to group usage and brand favorites For example, if a group is dining on only beef for the evening,we would possibly prepare to bring more red wine,etc.. L. All items and product invoiced to Tatter Catering will be subject to 18%service fee and 12%liquor tax,with the exclusion of soda pop.. Soda pop will be charged with 6.5%fax and 18%service charge. M. Outback Steakhouse Catering will cleanup our product at the end of an event,and will wipe down the portable bars to floe them of any sticky residue. Further cleanup such as sweeping,mopping,dishes,etc will be the responsibility of the Taher Catering staff. Although this summary does attempt to be exhaustive,there may be a need For changes in the future. Both parties agree to communicate regularly to perfect our operations together, ' to the terms listed above a otherverbal or written accords that may follow. Taya !Sate Date Director of Sales.&Catering per Outback Steakhouse Catering Tither Inc.Catering,The Garden Room Eden Prairie City Center u.1.4n MAR 31,2004 10:s2 952 a76 6629 Pe9e Mar 15 05 01 : 42p Outback Catering 952-876-6629 p. 4 '',v• '1';' ,,4-•,...,,,,,, A.. 1.'. .,:,'..-':;`:',4,,i. ig•..:'.4; ../..... .4.-:".'*4••••,,,,,...,./.-.:;j:'',:- •,•- -:4.*:i'''' '...:.'-'..-..-.4,' sir::.........--',''4',..,•• .,•:.-44,'-•v,,. ..,.••1:','.;•-,,,.., ..-.1!..t • .• -z C.' . ,r.,,4 4',A irj,*k:C. 1_,14.4 ., f• PS 9022 03.961 5.. .tat.e of -'litintonta 4.1 • • .4.‘,. NO. 0 1 0 2 9 9 13epartment of Public. g,afttg Alicollot & (.6aniblittg EnforrEntent Binision 1 •34,:: -.;.;. . CATERER'S PERMIT •''.i\ '`:1 Outback Midwest II Ltd Ptsp. Outback Steakhouse .. *1321 E 78th St Bloomington, MN 55425 ,.-41;... ire HAS BEEN ISSUED THIS LICENSE/PERMIT BY THE STATE OF MINNESOTA PURSUANT TO MINNESOTA STATUTES CHAPTER 340A AND RELATED REGULATIONS it ki6i:6, •'''.:*...'-. 4•••-., 3/19/2005 EX _ :$1 , .*.. Arg... 'Z''' ,•.:1i:'‘, .--.. i OF Puott. :,-;,- ., • --.,..,--: ,a Alcohol& ambling Enforcem7 Director I, 1 *111k 1 •:. : 7 4472' \ Elm , • ':o:----'+; "1--7..toF hitt141•'''• . THIS LICENSE/PERMIT MUST BE CQL,ShCUOUSLY DISPLAYED i' <l' ... -,.A.,...:.--Tc, .,..ofki.......,s...,,,,,....41.:*_, ,-...„....70,,,,,,,..rt lip,.::,. ,,....r,sf.4.1,,,;•:,.:3.0.s.'7,7,7, , ...--pri.T.?,•:. 7.71.-7--- .; . .,.q.:7-—-- -- • •- • -. -•-•f• • '•:'-..'r'cli•-•;.,c'''"••:tit,ZW:1.,74: ' '.--,11,.." (4Ft;.,C,t..!1/4,1:',•-••..'.!..Zt:::. ,-..,7;:-.1.. :. .,v-44:14,,,:',,,,,....? e 1.-..,,, •-•0. -..' ,, , • ' A .•A A A r• A ?-‘ A ;'•‘, A A A % A A A A A A ;•". 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President . 11„..,.. . .•..., ......, ..,-.,....,; ....e. „,.; ..:,..,.44„1. • - ....:,., - A...41 L. ...... _ ;.. , ,... . . • - .. >-, . ..i.„-A - ;,,ir.,;. ..c. : .1•.:.. ,: !--._,..4..• . 1:.--0 .i.,...., ..,:44 -.,,iir-.i.. - • ;..... - ----,, - _. . . . „ ‘/ 1/4/ k/ V ki '',/ \,/ 1/ •••• •./ ,/ • / V ,./ sl \••• 1/ ,/ \,, `•••, . / %.• k/ \/ X,,, \,/ V. ../ •,/ ..., ‘ • \/ 1/ ‘1 %/k/ S),./ \'/ %/ APR 12,2004 15:31 952 876 6629 Page 4 Mar 15 05 02: 07p Outback Catering 952-876-6625 p. 1 ,14,11.rw....1,.uwy, n, 4,4e4.riune nRaiAWA= Crvice rexru;vva1TOvra Insurance. Io: ray° Date-2/25/05 07:14 AM Pege:2o13 Cliont#:116902 OUTBSTE ACORD,. CERTIFICATE OF LIABILITY INSURANCE I DATE 0' 00/YYYTI7 /05 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Wachovia Insurance Services ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 4SD0 W.Cypress St,Sulie 200 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O.Box 252T7(Zip 33622) Tampa,FL 33607 _ INSURERS AFFORDING COVERAGE ___ NAIC A INSURED INSURER Az Clarendon America Insurance Company 43095 Outback Steakhouse,Inc. INSURER°: Travelers Property Casualty Ins.Co. 36161 2202 N.Westshore Blvd INSURERC: American International Specialty Lin 26883 Tampa,FL 33607 INSURrRo. INSURER E: COVERAGES THE POLICIES OF INSURANCELISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REOUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY DE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. t1NSRAo U'L' POucY EFFECTIVE POLICY EXPIRATION ar WSRC TYPE OF INSURANCE POLICY NUMBER DATE IATHA)DJYYI �,DATE IMMATONYI, ITS A GENERAL usourr XSR00410938 01101/05 01/01/06 EACH OCCURRENCE i1,000,000 X Corr.ERcvu GENERAL LVIAGJTY XSR00410937 Pa IfESTOE n I $100,000 I CLAIMS MASS a OCCUR MEDCW(Any aamsawn) ;EXCLUDED X DRAM/LIQUOR PERSONALEAOYINJURY 11,000,000 LIABILITY GENERAL AGGREGATE S2,000,000 GENT.AGGREGATE LIMIT API-^P-LI�ES PER: PRODUCTS.COMPIOP AGO S2.000,000 ,-1 Po um'n NJ Ji r LOC +. B AUTOMOBILE LIAM Rr TC2JCAP395J5015 01/01/05 01101/05 X ANY AUTO TECAP395J5027 RE Sidant) LELIRNT 11,000,000 (E s caWoni) —_ALL OWNED AUTOS BODILY INJURY S SCFEOULEDAuro (Per won)S - X NIRLDAUIOS BODILY INJURY X NON.OWNED AUTOS (Pnr acdCCN) S X HIRED PD PROPERTY DAMAGE S (Po scrAININ GARAGE LIABILITY —~AUTO ONLY•EA ACCIDENT S R ANY AUTO OTHER THAN EA ACC S AUTO ONLY: AGO i C EXCESS/UMEREUAUAJULRY 7410621 01101/05 01/01106 EACH OCCURRENCE ;25,000,000 OCCUR IJ CLAIM MADE AGGREGATE :25,000,000 s X IDEDUCTIBLE S RETENTION S 1000D 5 B WOrBIERSCOMPEIeATiONAND TC20UB395J499 01/01/05 0i/01/06 X I TORYtIM STATITS FRU-I IDTH. LOYERS•UABCnY ANY PRCPAIETOR/PARTTNENJLXECUTIvE TRJU8395J498 E.L.EACH ACCIDENT Si.000,000 1O1FFFFtICEPJMEMEER EXCLUDED? E.L.DISEASE.EA EMPLOYEE S1.000,GOO NAneIALPaovrnonsbotcw El.DISEASE-POLICY LIMB S1.000,000 B OTHER OHIO WC TWXJUB48813553 01/01/05 01/01/06 $1,000.000/STATUTORY _— CESCRtPI1ON OF OPERATIONS I LOCAT►JNS I VEHICLES I EX0.US'ANS ACCEDED'ENDORSEMENT I SPECIAL PROVISIONS For special catering event to be held inthe Garden Room at the Eden Prairie City Center.8080 Mitchell Road,Eden Prairie,MN. • CERTIFICATE HOLDER CANCELLATION SHOULD ANY OP THE ABOVE DESCRIBED POLICIES CE CA/CELLED BEFORE THE EIPIRATIOU+ Taher Catering DATE THEREOF.THE ISSUING INSURER WILL ENDEAVOR TO MAC 4n DAYS WRITTEN NOTICE TO THE CERTIFICATE MOLDER HAWED TO THE LEFT.BUT FAILURE TO 00 50 SHALL IMPOSE NO OBLIGATION OR!A MLRY OF ANY KIND UPON THE NSUT1ER ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE For WIS by: ,,.44•4 4. ..A.--P-e--- ACORD 25(2001/08)1 of 2 #S606022/M599532 AIC01 0 ACORD CORPORATION 1988 APR 12,2004 15:55 952 876 6629 Page 1 E a6ed 6Z99 919 Z56 OE:SI t:00Z`ZT 9•3t/ . . . . . . . . . POST IN A CONSPICUOUS PLACE • . . • .- '. -.• , • . , - ., . , . _ • , .,, . ''''cil•- ••• ' ' f 7-1* ' ---..-"•-•'•; 'X+ ' . • '''•""''•. :',1:,•-.': •.• -,.n.t.,e,,,•,...„.. ..1. . •,.../.' ,.„1,.:'-,•••••:•‘: .., -• •••••:•:/:•-• :•:-..•''''''F'n'fr'r:%: •i• ,:••I'.:•+-ktt.t•e:.';:• •"r•••*-•••••3•:., ,••‘.•1....•• , .„ .•..•....,..... .— .... . :issued •:. • 11677 Expires: 7/01/04 Mail to: Applicant: 6/30/05 .:-- OUTBACK STEAKHOUSE OUTBACK/M1DWEST-II, LTD PTNSHP -....-: "., .-- 1321 E 78TH ST 9721 VAS,LEY VIEW RD .• BLOOMINGTON, MN 5,5425 EDEN PR.A.TRIF., MN 55344 -:7 .• t . t•• ••• - •••:. :•••• -: : • License description: Quantity . - -- .• • .. : -.:•• 00. :• LIQUOR ON SALE • 1 LIQUOR ON ASU 1.00NDA.Y 1••• et .... . - 4 . . ., ••, : . -. . , • . .,. . . .. ' --•:-:• •-•.•• -;-v-•••:•••....•••;g4.:••••4';-•-:.- • s - 4.••..t-F.,.,•••.:i ; Ls.:,,:••••..: • :•••••. ,. .,..,.. . .: • '-: • .... •.;,• •. 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'IN3TillierclanS 1141;161 SSVID CC)03 00'1 V SSIMO IN2WHSirieNiass clooa .,... _:. .:',-..,. ,.: Amunno :uondposap asueon •-'.., --:, .., .',-- b•r/i.-cc NW 'SD:III:aid N:-..KIS cZT7S5 UV] 'NOIDNIWOOle Ull MSIA X2TIVA TZLG LS al,i3L 2 IZET dHSVId al,' '11-Xsamaiw/moval.no Lifr Zii aSE-101-DIVaLS NOVSzno -,.. 50/60/5 :tut:muddy •. ••-. 01 Ii901 .--- 170/0I/S :se.adx3 TOOZT . . . :•ON -•-'„. . ,,,:...z.....„,a,..t, f.'.1•-• ra-vt.r.,•-$.. ,4,:,.,, , .-44.,.. sit.t:•.•• .,.;e,,,,..-• z,,..^:•••••••,..', .:•••5,4•.,-.1-.;,,•,•,-•t'4471..p.:.:f vi'..,.-.- • • ,,..•:s....,,,., a o' •• „ ... , ..., • , -.-„,,t; ,. ,r,... „,,,,T4,e,74, t.„.„t.-1.,..},f,t,441,,%-.1••=,,:,:77.;r4.",“.tt',t.7,4'k, ,..''''73!:',-i•".'"'I.4'11,P'.:,•,0 *Of,' '''V•, .- ..•.IxAi V • , ' ••" ' •''• -. -'1. " .-,..`••,•'••,4:. r'n%,'L-1‘.t .- 44.4.4.,t'..,..,r'''s'....,,"."`,4'. r. -•+--,'-',.. '`'''".' - '.'t'' -'' ".•;."••••'',''''`(:1-,'-'t.-.''''' 1- -,--.4414A-0-4--7,!..,• -., ., ..,• . ... . , . . . •• c •cA 8299-sLe-2S6 5uT-iale3 •Ioect4r-q3 clai7 : 10 SO St JeW CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 12, 2005 DEPARTMENT: ITEM DESCRIPTION: ITEM NO.: Police Department Resolution Declaring "Abandoned Property" VILI. Gary J. Therkelsen Requested Action Move to: Adopt resolution declaring property as "abandoned property." Synopsis The Eden Prairie Police Department has accumulated a quantity of bicycles, stereo/electronic equipment,yard ornaments and miscellaneous items that remain unclaimed. City Code 2.86 Subd. 2,Disposal of Unclaimed Property, requires adoption of a resolution by City Council to declare unclaimed property that has been in the possession of the City for over 90 days as "abandoned property." Background Information In the course of municipal operations, the Eden Prairie Police Department's Evidence/Property Room has several items that have lawfully come into its possession that remain unclaimed by the owners and have been in its possession for at least 90 days. In accordance with City Code Section 2.86 Subdivision 2 C., the Police Department would like to dispose of this property by sale to the highest bidder at a public auction through the City of Eden Prairie. In addition, in accordance with City Code 2.86 Subdivision C, the Police Department would like to convert certain items for City use. Attachments Resolution- Declaration of Abandoned Property Exhibit A and Addendum Exhibit B CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2005- DECLARATION OF ABANDONED PROPERTY WHEREAS,City Code 2.86 Subd. 2 requires adoption of a resolution by City Council to declare unclaimed property such as bicycles, stereo/electronic equipment, yard ornaments, and miscellaneous items as "abandoned property;" and WHEREAS,the property has lawfully come into the possession of the City in the course of municipal operations; and WHEREAS,the property remains unclaimed by the owners; and WHEREAS,the property has been in the possession of the City for over 90 days. NOW THEREFORE, BE IT RESOLVED that the City of Eden Prairie declares the unclaimed property as "abandoned property." ADOPTED by the City Council on April 19, 2005 Nancy Tyra-Lukens,Mayor ATTEST: Kathleen Porta, City Clerk Exhibit A ` = / Abandoned Property for Auction Category Case Number Description Calculator(0) 2002013776 Pg 5-#16 Graphing Calculator Calculator(0) 2002013776 Pg 5-#16 Graphing Calculator #of Items 2 Bicycle(B) 2004006268 Rand Track Racer Kids Bicycle-Red in Color Bicycle(B) 2004008012 Schwinn Sprint, Female Bicycle, Gray w/Pink Seat Bicycle(B) 2004011833 Magna'Great Divide' Mountain Bike, Purple& Black Bicycle (B) 2004012086 Murray'Legacy'Mountain Bike, Red Bicycle (B) 2004013439 Open Road Girls Bicycle,Tan Bicycle(B) 2004015992 Motobecane 10-speed Bicycle, Blue, Unknown Serial# Bicycle(B) 2004016108 Gitane Grand Sport DeLuxe, Mens, Purple-Unknown Serial# Bicycle(B) 2004017455 GT Outpost Mountain Bike, Mens, Red Bicycle(B) 2004017625 Magna Great Divide 18-speed yellow/silver boys mountain bike Bicycle (B) 2004017684 Mongoose'Accelerate' Boys Bicycle, Blue w/Blk/Whi/Yel Letters, dual suspension Bicycle(B) 2004019032 Magna"Splash Blast"Girls Bicycle,White w/Purple Seat&Handlebars, splashes of paint Bicycle(B) 2004019551 Magna"Electric Shock"boys mountain bike Bicycle(B) 2004019980 Diamond Back'Sorrento'26"Bicycle, Black w/multi-color splashings Bicycle(B) 2004020968 Huffy 10 Speed Womans Bicycle, Blue in Color Bicycle(B) 2004023838 Thruster"High Voltage"Boys Trick Bicycle, Silver Bicycle(B) 2004024455 Kabukio Mens Bicycle, Blue(Repainted?) Bicycle(B) 2004025002 Schwinn Sprint, Mens Red Bicycle from Tonka Schwinn Bicycle(B) 2004026347 Trek Antelope Bicycle, White w/Blue Lettering Bicycle(B) 2004028140 Mainstreet Casio 10 speed Bicycle, Black, South Dakota License #70633 Bicycle(B) 2004028334 Quest Charmer Childs Bike, Purple/White Bicycle (B) 2004028623 Contemporary Randor Speed Bicycle, Black Bicycle (B) 2004028688 Mongoose Hoop-D Bicycle,White Bicycle(B) 2004031181 Mongoose Boys BMX Bike, Silver Bicycle(B) 2004032722 Huffy 30 Racing Bike, Street Track Certified, Small Boys, "New Age Outlaws Stickers Bicycle(B) 2004033094 X Games BMX Style Bicycle, Black w/White Specks Bicycle(B) 2004033531 Schwinn Predator Boys Bicycle, Red wBlkMlhi/Sil Writing Bicycle(B) 2004034892 Royce Union Road Shark, Girls 15 Speed, Pink&Purple Bicycle(B) 2004035209 Huffy,Aluminum ATB, Silver Mens Mtn Bicycle w/Kryptonite Lock Bicycle(B) 2004038346 Roadmaster 18 spd Mtn Bike, boys, Green/Silver, Duct tape on Seat Bicycle(B) 2004039358 Raleigh Sprite Mens Bicycle, Brown in Color w/Yellow Child Seat Bicycle(B) 2004039529 Giant MTX225 Red/Silver Bicycle Bicycle(B) 2004041192 Murray Badlands, Red&Purple Bicycle, 15 speed Bicyde(B) 2004041903 Magna SRT Small Boys Bike,Green/Silver, 6 speed Bicycle(B) 2004042728 Huffy Ultra Terrain Extreme Mtn Bike, Green (Spray Painted White) Bicycle(B) 2004042756 Magna Maxx Trax in Your Face Childs Bike, Red/Blk Bicycle(B) 2004042756 Magna Rip Claw Childs Bike, Black/Blue Bicycle(B) 2004043229 Dk Gray Bagley Mosh Boys Trick(BMX)Bike Report Date: 4/5/2005 1 F II I I J' II Exhibit A ' = = Abandoned Property for Auction Category g ry Case Number u ber Description Bicycle(B) 2004047270 Diamond Back Topanga,White Girls MTN Bike Bicycle(B) 2004048470 Schwinn World Sport Maroon/Red Bicycle,Adult #of Items 39 Camera(C) 2002002374 Item#3-35mm Camera #of Items 1 Cosmetics (E) 2004046697 (4)Packs of Gillette Mach 3 Razors #of Items 1 Clothing (D) 2002043132 Clothing Items(1-22) #of Items 1 Vacuum Cleaner(H) 2003033742 #51 -Antique Handheld Vacuum China 2004020198 Box of China-Item#2 Grill 2004026066 Charm Glow 650 Grill-No Propane Tank #of Items 3 Ring (J) 2000021126 #62= Ring-Gold w/Diamond cluster Ring (J) 2002042824 (2)Silver Rings(Male) Necklace(J) 2002042824 Necklace-Silver-(Male) Ring (J) 2004019014 Ring,Toe Ring, 1 pair of earrings, silver chain for necklace(from inside wallet-#13) Ring(J) 2004021257 Ring-Mens, Gold/Silver Onyx w/(4) Diamond Chips Ring (J) 2004025013 Ring-Sterling Silver w/red stone&(2)Small Diamonds on either side Necklace(J) 2004026879 Pg Al -#1 Paradise Tin w/Items 1-23(Jewelry Items) Bracelet (J) 2004026879 Pg Al -#2(2)Diamond Bracelets w/envelope Necklace(J) 2004026879 Pg A1-#5-43 Remaining Jewelry Items-Unknown owners Watch(J) 2004026879 Pg Al -#6-Pocket Watch Necklace(J) 2004026879 Pg B1 -#1,2,4,5,8-11,14,15, 17-20-Misc Jewelry Items Watch(J) 2004044731 Timex Stop Watch #of Items 12 Calculator(0) 2002000085 TI-82 Calculator(from Black Bag) Calculator(0) 2004011883 Calculator-TI-83 Plus, Blue in Color #of Items 2 Suit Case(P) 2002000988 Blue Suitecase Purse(P) 2004032442 Purse-Small,Green Corduroy w/necklace inside Sunglasses(P) 2004040621 Sunglasses, Black in Color, Female Style&Carrying Case #of Items 3 Play Station (R) 2002000085 pg 3, item 18-Play Station 2 Faceplate (R) 2002013776 Pg 5-#23 CD Receiver Faceplate Amplifier(R) 2002013776 Pg 5-#26 Subwoofer w/Amplifier-Precision PC450 Speaker(s) (R) 2003005444 Bazooka Tube(Speaker) Report Date: 4/5/2005 2 F f' IJI IJ! Exhibit A \ = f' Abandoned Property for Auction Category Case Number Description Car Stereo (R) 2003033742 #22-Delco Car Stereo Faceplate (R) 2004018378 Pioneer DEH-P4100 CD Faceplate Faceplate (R) 2004018378 Pioneer DEH-P2000 CD Faceplate Video Game(R) 2004026879 Pg B3-#61 -Nintendo Game Cube-"The Yakuza Missions" #of Items 8 Baseball Bat (S) 2003010326 Black Wooden Baseball Bat Fishing Equipment(S) 2003033742 10,15,16,31,36,38,39,45-Misc Fishing Equipment Sled 2003033742 #43-Wooden Sled Cooler 2003039689 Sam's Club Cooler Bag Hat (S) 2004012134 Baseball Cap-"White Sox"- Black w/White Lettering Basketball (S) 2004023943 Basketball Golf Bag/Equipment (S) 2004029245 Golf Bag-Sun Mountain-Tan/Brown/Gold/Black Golf Bag/Equipment (S) 2004029245 Golf Clubs-4 drivers, 1 Putter, (7) Misc Clubs Golf Bag/Equipment (S) 2004037909 (1)Callaway"Big Bertha War Bird" 12 Driver Golf Club #of Items 9 Flashlight (X) 2003010326 Orange&Black Flashlight Tools-Other (X) 2003033742 Partial#18-Yellow Toolbox&Misc Tools Tools-Other (X) 2003033742 #47-Jumper Cables Tools-Other (X) 2003033742 #49-Drill Bits,Antique Drill Tools-Other (X) 2004017491 Black Crowbar Tools-Other (X) 2004026049 Metal Box w/Nuts&Bolts Tools-Other (X) 2004026879 Drill Bits&Tool&Die Kits in Metal Boxes Stapler(X) 2004026879 Pg A2-#9-Stanley Electric Tacker Gun Tools-Other (X) 2004037909 Porter Cable Tool Case Only for Finish Nailer, Black in Color Tools-Other (X) 2004037909 Porter Cable Tool Case Only for Finish Nailer, Black in Color Saw(X) 2004037909 Rotozip Spiral Saw w/Orange Tool Case Mower-Push/Self-Prop 2004043515 Lawn Mower, gray, push mower Gas Can(X) 2004044399 Gas Can, Plastic, Red, 5 gallon (empty) #of Items 13 Audio Tape(Y) 2000021126 #31 -Blank Audio Tapes-KMart Bag CD Case 2002013776 Pg 5#9- Blk CD Case DVD (Y) 2002043132 NFL Blitz& DVD Wagon Wheel 2003033742 Wagon Wheel Dishes(Y) 2003033742 (10) Plates Sprinkler 2003033742 #53-(2)Craftsman Sprinklers Glassware 2003033742 #41 &48-Jugs&Glass Jars/Metal Crate Air Tank 2004014477 Survivair Compressed Air Tank Backpack(Y) 2004023943 Backpack, Blue CD Case(Y) 2004029961 Soundgear CD Case, Black, Soft-sided w/33 CD's CD Case(Y) 2004042189 CD Cases,2, Black in Color (Color Glo Intl/Luce, Smith&Scott, Inc) Compact Disc(Y) 2004042189 CD's-Various Country Artists& (inside cases) Report Date: 4/5/2005 3 Exhibit A ' Abandoned Property for Auction Category Case Number Description Decorations 2004042466 Halloween Decorations, Scarecrows, etc #of Items 13 1071 Report Date: 4/5/2005 4 Addendum to Exhibit A City Property for 2005 Auction (6) Polaroid Cameras (1) Digital Camera (6) 35mm Cameras (4) Boxes of Empty Video Cassette Cases (1) Plastic Gasoline Container r I 11'F 'i 'i Exhibit B Abandoned Property for Conversion for City Use Category Case Number Description Conversion Purpose Bicycle(B) 2004016945 Magna XL2 Mountain Bicycle,24", City of Eden Prairie Blue/Red,"Ashley" Bicycle(B) 2004021587 Schwinn Turquoise Bicycle, Unknown City of Eden Prairie Model,w/Bottle Holder Bicycle(B) 2004026110 Trek 830 Mountain Bike, Green& City of Eden Prairie Black W/Rack&Nylon Type Storage Box on Back Bicycle(B) 2004026346 Hardrock Comp Specialized Red City of Eden Prairie w/BlkIWhite/Gry lettering(Erik's Bike Shop Sticker) Bicycle(B) 2004026557 Schwinn Frontier Bicycle,Womens, City of Eden Prairie Purple Bicycle (B) 2004042477 Pacific DV8 21 Speed Mtn Bike, City of Eden Prairie Red/Whi/Blue #of Items 6 Gun-Other (G) 2004015275 Item#2-BIk Gun Case ONLY EPPD Use #ofltems 1 Postal Scale 2003000322 Item#2G-Postal Scale-Pelouze EPPD Use 1050 Model Laser Pointer 2003041097 Laser Light-Small, Laser Pointer EPPD Use #of Items 2 Briefcase(P) 2002000085 pg 3, item 21 -Blk Briefcase EPPD ERU #ofltems 1 DVD Player (R) 2002000085 pg 3, item 17-DVD Player EPPD Use Tape Recorder (R) 2002042824 Microcassette Recorder-Sony V-O-R, EPPD Use Model M527V, Handheld Tape Recorder (R) 2004017049 Aiwa Tape Recorder&Adaptor EPPD Use Global Positioning System( 2004029407 GPS Unit, 12 Channel EPPD Use #of Items 4 Duffle Bag (S) 2003000322 (2) Duffle Bags EPPD ERU Paint Ball Gun 2003042576 Pg 2-#2- Paintball Gun EPPD ERU #of Items 2 Currency-Cash/Coin (T) 2002035227 $.52(Victim's) City of Eden Prairie Currency-Cash/Coin (T) 2003019418 $50 in US Currency City of Eden Prairie Currency-Cash/Coin (T) 2004019014 Cash&Coin from inside wallet(Item City of Eden Prairie #13)-$4.51 (Receipt#2043) Currency-Cash/Coin (T) 2004026879 Pg Al -#8-$2 Bill City of Eden Prairie Report Date: 4/5/2005 1 I I Exhibit B Abandoned Property for Conversion for City Use • Category Case Number Description Conversion Purpose Currency-Cash/Coin (T) 2004031262 (2)dimes&(1)penny City of Eden Prairie Currency-Cash/Coin (T) 2004051415 $13.43 in Cash&Coin City of Eden Prairie #of Items 6 Tools-Other (X) 2002002358 Wood Chisel City of Eden Prairie Screwdriver(X) 2002002374 item#4-Screwdriver City of Eden Prairie Flashlight (X) 2002002374 Item#6-Minimag Lite City of Eden Prairie Tools-Other (X) 2002013776 Pg 5#18-Wonderbar SWHDTF Tools-Other (X) 2002013776 Pg 5#12-BIk/Yel Mallot SWHDTF Tools-Other (X) 2002013776 Pg 5#10- Blk/Orange Axe SWHDTF Screwdriver(X) 2002014493 Yel/Blk Handled Standard Screwdriver City of Eden Prairie Tools-Other (X) 2002014774 Channel Lock Pliers City of Eden Prairie Screwdriver(X) 2002014869 Black Handle-Screwdriver City of Eden Prairie Tools-Other (X) 2002014869 Red Handle-Pliers City of Eden Prairie Flashlight (X) 2002014869 Blue Maglight City of Eden Prairie Scale-Electronic(X) 2003000322 Item#6C-Tanita Model 1479 Scale SWHDTF Axe 2003004908 Yellow Handled Axe SWHDTF Tools-Other (X) 2003033742 Partial 18&32,46- Misc Tools&Sets City of Eden Prairie Screwdriver(X) 2003040860 Screwdriver-Phillips, Green Handle City of Eden Prairie Screwdriver(X) 2004013541 Screwdriver-Small w/Yellow Handle City of Eden Prairie Tools-Other (X) 2004015560 #2-Crowbar EPPD ERU Mower-Push/Self-Prop ( 2004020198 Lawn Mower,21"Hi-Tunnel Mulcher, City of Eden Prairie 7.0 Horsepower Sander(X) 2004026879 (2)Sanders, Router, DeWalt Drill City of Eden Prairie Roto Zip 2004026879 Roto Zip w/(2) Batteries City of Eden Prairie Saw(X) 2004026879 MacCat Chain Saw, (2)Air Hoses City of Eden Prairie Nailgun (X) 2004026879 Powder Actuated Nailer-Remington City of Eden Prairie Miter Box(X) 2004026879 Miter Saw,Water Pump, Recip Saw, City of Eden Prairie Circ Saw, (2)Staplers, (2)Sanders Tools-Other (X) 2004026879 Pg 1 -#129,139,144,145,150-153, EPPD Use 155-159,161-163-Misc Tools #of Items 24 Drugs(Y) 2002000085 Pg C-#1 -3.70g of Hash EPPD Canine Training Drugs(Y) 2002000484 #2- 162.6g Marijuana EPPD Canine Training Report Date: 4/5/2005 2 P IY I I J'E ( Exhibit B Abandoned Property for Conversion for City Use Category Case Number Description Conversion Purpose Drugs 2002000764 988.2 g Cocaine Minnetonka PD Canine Training Fireworks (Y) 2002042824 Item#2-Firecrackers EPPD Police Training Shoplifting Gear 2002043132 Shoplifting Gear-Razor Blades& EPPD Use Safety Pins Video Tape(Y) 2002045001 Video Tape from Sears EPPD Police Training Drugs(Y) 2003000018 Item#1 -403g Marijuana EPPD Canine Training Drugs(Y) 2003000340 Multiple Baggies of w/1.67g meth EPPD Canine Training Drugs(Y) 2003004060 Item#5- 1.0g Crack Cocaine EPPD Canine Training Drugs(Y) 2003004060 Item#1 -3.8g Crack Cocaine EPPD Canine Training Drugs(Y) 2003004795 .2g of Crystal Meth EPPD Canine Training Video Tape(Y) 2003011507 Sony Mini Tape-Video of Home EPPD Police Training Drugs(Y) 2003022414 30g of Marijuana EPPD Canine Training Currency-Cash/Coin (T) 2003033742 $2.20 in change-Receipt#2186& City of Eden Prairie #2189 Video Tape(Y) 2003044385 Video Tape from Kohl's EPPD Use Drugs(Y) 2004003016 .2g, .25g,.25g of Heroin for disposal EPPD Canine Training only Drugs(Y) 2004003016 .43g Crack Cocaine for disposal only EPPD Canine Training Video Tape(Y) 2004009489 Video Tape from VonMaur EPPD Use Plastic Straps 2004017049 Wire Ties&Velcro Straps EPPD Use Video Tape(Y) 2004023081 Video Tapes-8 pk& 12 pk EPPD Use Backpack(Y) 2004037532 Backpack, Purple&Black,"Mountain EPPD ERU Terrain" Backpack(Y) 2004040621 Backpack, green&black EPPD ERU #of Items 22 681 Report Date: 4/5/2005 3 CITY COUNCIL AGENDA DATE: SECTION: Public Hearings 04/12/05 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Hennepin Village—Office to VIILA. Development/Planning Low-Medium density residential and Janet Jeremiah PUD Amendment Michael Franzen Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for Guide Plan Change from Office to Low-Medium Density residential; and • Adopt the Resolution for Planned Unit Development Concept Amendment on 17 acres; and • Direct Staff to prepare a Development Agreement incorporating Staff and Board recommendations and Council conditions. Synopsis There are two actions: 1. A guide plan change from Office to Low-Medium Density Residential on 17 acres. 2. PUD Concept amendment to change the use of the site from office to 41 single family homes on 17 acres. Planning Commission Recommendation The Planning Commission voted 9-0 to recommend approval of the project at the February 28, 2005 meeting based on providing 8 affordable units on this site or other residential sites in the PUD. Background Information Reasons to consider the guide plan change: • The housing is a transfer of 43 units displaced from the approved plan by either noise zones or wetlands. • The site is not in noise zone 60 or 65. • The homes would be designed to meet interior noise standards. • The housing site sits at an elevation lower than the airport, and views of the airport are limited. • Housing generates less traffic than office. • The PUD has 51 acres left for office and commercial uses which can provide employment/services in close proximity to housing. Reasons to not consider the guide plan change: • The project is inconsistent with the comprehensive plan. • The project is inconsistent with the approved PUD. • Additional housing located close to the existing airport. • Office provides a better transition between the airport and housing to the south. • The proposed housing does not meet a senior or affordable housing goal. • Loss of employment(approximately 1,000 jobs.) The approved PUD identified an office use of the site but not a specific number. The traffic study for the PUD estimated a building square footage, based on City code requirements for this site to be 152,000 square feet. This number was used to estimate traffic generation in order to determine what road improvements would be needed. Attachments 1. Resolution for Comprehensive Guide Plan Change 2. Resolution for Planned Unit Development Concept Amendment 3. Planning Commission staff report dated February 25, 2005 4. Planning Commission minutes dated February 28,2005 HENNEPIN VILLAGE GUIDE PLAN CHANGE OFFICE TO LOW-MEDIUM DENSITY RESIDENTIAL CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2005- A RESOLUTION AMENDING THE COMPREHENSIVE MUNICIPAL PLAN WHEREAS,the City of Eden Prairie has prepared and adopted the Comprehensive Municipal Plan("Plan"); and WHEREAS,the Plan has been submitted to the Metropolitan Council for review and comment; and WHEREAS,the proposal of Hennepin Village Office to Low-Medium density Commercial Guide Plan Change,by Pemtom is for: 41 Single family homes, NOW, THEREFORE,BE IT RESOLVED that the City Council of the City of Eden Prairie, Minnesota, hereby adopts the amendment of the Plan subject to Metropolitan Council approval as follows: Office to Low-Medium Density Residential ADOPTED by the City Council of the City of Eden Prairie this 12th day of April, 2005. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen A. Porta, City Clerk CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2005- A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF HENNEPIN VILLAGE GUIDE PLAN CHANGE AND PUD AMENDMENT FOR PEMTOM 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 February 28, 2005, on Hennepin Village Office—to low-medium density residential Amendment by Pemtom and considered their request for approval of the PUD Concept plan and recommended approval of the request to the City Council with the following modifications; and Change from a 146,000 sq. ft. office building to 41 single family homes. WHEREAS,the CityCouncil did consider the request on April 12, 2005. q p NOW,THEREFORE,BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. Hennepin Village, being in Hennepin County, Minnesota, legally described as outlined in Exhibit A, is attached hereto and made a part hereof. 2. That the City Council does grant PUD Concept approval as outlined in the plans stamp dated April 12, 2005. 3. That the PUD Concept meets the recommendations of the Community Planning Board dated February 28, 2005. ADOPTED by the City Council of the City of Eden Prairie this 12th day of April, 2005. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen A. Porta, City Clerk EXHIBIT A Legal Description: Out lot L,Eagle Ridge at Hennepin Village Four STAFF REPORT TO: Planning Commission FROM: Michael D. Franzen, City Planner DATE: February 25, 2005 SUBJECT: Hennepin Village Office Guide Plan Change Office to Low-Medium Density Residential and PUD Amendment. APPLICANT/ Pemtom Land Company OWNER: Pemtom Land Company LOCATION: South of Flying Cloud Airport, east of Eden Prairie Road, and north of Highway 212 REQUEST: 1. Comprehensive Guide Plan Change from Office to Low-Medium Density Residential on 17 acres 2. Planned Unit Development Concept Amendment on 17 acres Staff Report—Hennepin Village Office to Low/Medium Density Residential February 25, 2005 CONTINUED ITEM This is a continued project from the December 13, 2004, and February 14, 2005 meetings. Mac has reconsidered their position on the guide plan change to housing. The attached email from Nigel Finney indicates"Based on further review of the request to convert land in Hennepin Village from commercial to residential use,the Metropolitan Airports Commission does not object to the proposed residential use. This position is based on the fact that the remaining commercial property is under ownership of an entity owned by United Properties and therefore there will be no additional requests for residential units in this area." BACKGROUND The overall development plan for the Hennepin Village project was approved by the City Council in February 2002. The approved plan included the following uses. • Housing 103.5 acres (511 townhouse and 184 single family homes) • Office 64 acres • Neighborhood Commercial 4.5 acres • Open Space Dedicated 71.5 acres The current plan is: • Housing 108.5 acres (536 townhouse and 224 single family homes) • Office 64 acres • Neighborhood Commercial 4.5 acres • Open Space Dedicated 71.5 acres PROJECT DESCRIPTION There are two actions: 1. A guide plan change from Office to Low-Medium Density Residential on 17 acres. 2. PUD Concept amendment to change the use of the site from office to 41 single family homes on 17 acres. 2 Staff Report—Hennepin Village Office to Low/Medium Density Residential February 25, 2005 CHANGING THE GUIDE PLAN Reasons to consider the guide plan change: • The housing is a transfer of 43 units displaced from the approved plan by either noise zones or wetlands. • The site is not in noise zone 60 or 65. • The homes would be designed to meet interior noise standards. • The housing site sits at an elevation lower than the airport,and views of the airport are limited. • Housing generates less traffic than office. • The PUD has 51 acres left for office and commercial uses which can provide employment/services in close proximity to housing. Reasons to not consider the guide plan change: • The project is inconsistent with the comprehensive plan. • The project is inconsistent with the approved PUD. • Additional housing located close to the existing airport. • Office provides a better transition between the airport and housing to the south. • The proposed housing does not meet a senior or affordable housing goal. • Loss of employment(approximately 1,000 jobs.) PROPOSED PUD AMENDMENT The approved PUD identified an office use of the site but not a specific number. The traffic study for the PUD estimated a building square footage,based on City code requirements for this site to be 152,000 square feet.This number was used to estimate traffic generation in order to determine what road improvements would be needed. The proposed plan is 41 single family homes at a density of 2.41 units per acre. TRAFFIC Each of the proposals for modifying the land uses in Hennepin Village is estimated to result in a traffic reduction. Staff has reviewed the impacts of the traffic reductions on the TH 212/ Charlson Road intersection and it appears that a traffic signal will still be warranted. Staff has recently begun efforts to design the TH 212/Charlson Road intersection and is committed to constructing the project with a traffic signal project in the 2005 calendar year. 3 Staff Report—Hennepin Village Office to Low/Medium Density Residential February 25, 2005 SUMMARY The Planning Commission should discuss the following: • Are there compelling reasons to change the guide plan? • What is the best use of the property for the City and the surrounding area? • Is the proposed use compatible with the approved planned development? STAFF RECOMMENDATION Alternative One If the Planning Commission believes that compelling reasons have been provided to justify the comprehensive guide plan change, then one option would be to recommend approval of the following: • Guide Plan Change from Office to Low-Medium Density Residential on 17 acres, and • Planned Unit Development Concept Amendment on 17 acres. Approval is based on providing 8 affordable units on this site or other residential sites in the PUD. Alternative Two If the Planning Commission believes that compelling reasons have not been provided to justify the comprehensive guide plan change,then one option would be to recommend denial of the following. • Guide Plan Change from Office to Low-Medium Density Residential on 17 acres, and • Planned Unit Development Concept Amendment on 17-acres. Denial of the project is based on the following reasons. • The project is inconsistent with the comprehensive plan. • The project is inconsistent with the approved PUD. • Additional housing located close to the existing airport. • The proposed housing plan does have an affordable product. • Loss of employment(approximately 1,000 jobs.) • Office provides an appropriate transition between the airport and housing. Staff recommends Alternative One. 4 A. HENNEPIN VILLAGE GUIDE PLAN CHANGE OFFICE TO LOW AND MEDIUM DENSITY RESIDENTIAL by Dan Herbst,Hennepin Village LP. Request for Comprehensive Guide Plan Change from Office to Low-Medium Density Residential on 17 acres and planned Unit Development Concept Amendment on 17 acres. Location:North of Highway 212, east of Spring Road. Herbst presented a brief overview of the proposed project. He explained that they are working with a 17-acre parcel and are requesting a change to the Comprehensive Guide Plan from Office to Low-Medium Density Residential and a Planned Unit Development Concept Amendment on 17 acres.Herbst reviewed with the Commission the project location and presented an update on the roadwork being done on Charleson Road. He explained that the parcels they are discussing today lie east and south of residential and they are currently proposing 41 lots. Herbst pointed out that the entire site is out of the 65 DNL and only a slight corner is in the 60 DNL sound alternative.He stated that they would be introducing a new product to this project that will be a conventional small lot for a single- family home. This site renders itself more to residential than office.Herbst explained that they are proposing a sidewalk system that will connect with the trail system running along the south side of Charleson Road. The builder will be Ryland Homes. Herbst pointed out that this site sits below all of the rest of the terrain. Herbst explained that the City has an excess amount of office but are short on housing and there appears to be an over supply of office into the far distant future. There is a need for additional housing in the City. There are more jobs in the community than households. This residential plan will generate approximately$140,000 in park fees.Herbst stated that this proposal will generate less traffic than an office proposal and the product they are proposing is needed on this site and is something that is not offered at this time. This site feels more residential than office or industrial. Herbst said they are exceeding MAC requirements as they relate to sound insulation. Franzen presented the staff report explaining that they did receive two e- mails in support of the project. The first was received from Dave Swartout at 10028 Indigo Drive and the second was received from Gina Pellegrini, 15825 Porchlight Lane. Franzen explained that the staff report includes two options for this project. Staff is recommending approval of the Guide Plan Change form Office to Low-Medium Density Residential on 17 acres and Planned Unit Development Concept Amendment on 17 acres and that approval is based on the applicant providing eight affordable units on this site or other residential sites in the PUD. Franzen explained that the type of housing proposed is not currently in the development. Michael Thompson, on Indigo Drive, said he is a neighbor to Swartout and he supports Staffs recommendation for single family homes at this location. He feels this is the highest and best use of that piece of property. Michael Liar said he will be moving into this neighborhood on Indigo Drive and he too supports the plan. He feels this proposal will generate less traffic and meets the needs of this area. Brooks asked the price range of this new product. Herbst responded that they would range in price from $380,000 to $400,000. Brooks said they are looking at a 240-acre subdivision and it is not unlikely that they will see some changes along the way with the market. He indicated that he is supportive of this request. Koenig asked what the houses would look like and how large the lots are going to be. Herbst explained that the homes would be two levels. More than 35 percent of the units will be walk out types with finished lower levels. Herbst displayed a floor plan of a unit. The lots will be approximately 9,000 to 12,000 square feet. Herbst indicated that this is a concept plan and that they will be back before this Commission with final plans. Nelson asked if because of the size of the lots,will there be any need for variances for setbacks or would they all meet Code. Franzen responded that the lots will be 9,000 to 11,000 square feet in size and the developer will likely request the R1-9.5 zoning district. Franzen stated that the applicant should be able to subdivide and meet those requirements.Nelson stated that Staff is recommending approval based on providing affordable units. She asked what they mean by affordable units and what the dollar level would be. Franzen answered that affordable for new construction is somewhere between $200,000 and $250,000. The requirement is not for a particular product type. It could be single-family or townhouse as long as it is affordable housing. They are offering the developer the flexibility to pick what site works best for them.Nelson asked if there is a guarantee that these homes will remain affordable in the future. Franzen said that more than likely the affordable units would be townhouses. Since they are unable to add on to those units, they will not increase in value as much as single- family homes. Sutherland asked if the units would be finished out at three or four bedrooms. Herbst said they would be and the first phase is proposed to be 1,600 to 1,700 square foot units with four bedrooms up. Herbst explained that they will be coming back before this Commission with specific pricing, lot size, etc. Sutherland questioned the proposed berm to be located at Hamel and Charleson Road. Herbst responded that they are not directly involved with that. This was a joint settlement between the City,MAC and the landowner at that time to do the berming. Herbst said he did not believe the berm is mandatory at this time but is only shown as an alternative. The berm was never part of their agreement. Franzen explained that the berm was not part of the discussion. The City's comments on the final EIS document recommendation was that some type of screening be done. Seymor pointed out that the proposed concept plan shows 41 lots. He asked if they are looking at as many as 60 lots. Herbst explained that he talked to the builder, Ryland Homes, today and they said they are proposing 41 homes. Motion was made by Rocheford, seconded by Nelson, to close the public hearing. The motion carried, 9-0. Motion was made by Rocheford, seconded by Nelson, to recommend approval of a request for Comprehensive Guide plan Change from Office to Low-Medium Density Residential on 17 acres; and Planned Unit Development Concept Amendment on 17 acres based on plans stamp dated February 25, 2005,to the City Council. Koenig asked if there are any issues with outdoor airport noise. Franzen explained that the concern would be with the interior noise reduction down to 45 DBA for indoors. Koenig asked if the outdoor noise would be a problem. Franzen said they would be able to hear the planes. Thompson stated that he has lived in this neighborhood since May and finds Flying Cloud Airport to be entertaining. He enjoys watching the planes taking off and landing. He has not found the noise to be objectionable. Nelson asked if the motion for approval should be amended to include approval be subject to the recommendations of the staff report dated February 25, 2005. Rocheford said it should be and accepted Nelson's recommendation as a friendly amendment. Motion was made by Nelson, seconded by Brooks, to amend the motion to include subject to the recommendations of the staff report dated February 25, 2005. Vote was called on the amended motion with all members voting aye. The motion carried, 9-0. B. HARTFORD CORPORATE CAMPUS by John Brandt, Hartford Group, Inc.Request for Comprehensive Guide Plan Change from Regional Commercial to Community Commercial on 1.02 acres; Comprehensive Guide plan Change from Regional Commercial to High Density Residential on 1.33 acres; Planned Unit Development Concept Review on 2.35 acres; Planned Unit Development District Review with waivers on 2.35 acres; Zoning District Change from Rural to Community Commercial on 1.02 acres; Zoning District Change from Rural to RM-2.5 on 1.33 acres; and Preliminary Plat of 2.81 acres into 2 lots and road right-of-way. Location: Franlo Road and Prairie Center Drive. Frank Janes, General Counsel of the Hartford Group, said they are proposing a mixed-use project to be located on the southwest corner of Franlo Road and Prairie Center Drive.He provided the Commission with a description of the proposed project and displayed color renderings of the site plan. Janes said they have had a number of contacts with City staff with regards to the various issues raised at previous meetings. The primary issue appears to be the right-of-way alignment and site lines along Prairie Center Drive and Franlo Road. Concerns have been expressed about the location of the office building on the corner and it was suggested that they make adjustments to improve the site plan. Janes explained that they have developed a revised site plan taking into account Staff's suggestions. The lay out of the site design does not change but they have modified the location of the office building. Janes displayed the revised site plan. They adjusted the orientation of the office building as well as the corners of the building to take into account additional setback for the site line. Janes further explained that another major change to the site plan was the location of the parking entrances. They moved the entrances to the backside of the building removing the entrance off of Medcom Boulevard. The right-of- way requirement has reduced the size of the building by approximately 1,000 square feet. Janes indicated that they are planning to use approximately one-third to one-half of this new office space for their corporate headquarters with the remaining office suites being rented out. Janes explained that they are also proposing a three-story, 24-unit condo building on this site. They have reduced the number of units to 24. The maximum allowed density on the site is 17.4 units per acre. The density for this proposal is 18.0 units per acre. Their intent was to come in at 17.4 units but the additional right-of-way has put them slightly above the requirement. They are requesting a waiver and that the right-of-way issues for this site be taken into consideration. Janes stated that the condo building would include 56 underground parking spaces,which will be in excess of the requirement for parking spaces. The units will range in size from 1,550 square feet to just under 1,700 square feet and will include two bedrooms with a den. The selling price will range from the high$200,000's to the mid$300,000's. Janes indicated that they are proposing to construct a portion of Medcom Boulevard for access to the property at this time and the City will extend Medcom Boulevard at a later date. Franzen presented the Staff report explaining that the proposal before the Commission this evening would require waivers because of the zoning district more than because of the use of the building. Staff prefers guiding the site Office and High Density Residential. The mixed-use approach makes sense since the site is between existing commercial and residential uses. This use results in a better relationship with the neighborhood and matches the zoning to the actual use of the building. This use also eliminates the potential for parking shortages and eliminates the conflict of evening uses and reduces the number of waivers required by the City Code. Franzen said if the Commission decides to go with office and residential, Staff would be required to readvertise the public hearing since the proposed zoning would be changed. The next available meeting to consider this request would be March 28. Stoelting asked how the list of waivers would be changed if they went with office guidance. Franzen said some of the items would be the elimination of the base area ratio,the floor area ratio and the lot size requirement. Off-site parking would still be required but there would be no parking waiver on the number of required parking spaces. Mary Carla Johnson, 8500 Franlo Road, Eden Hills Condo, said one of her concerns is with the extension of Medcom Boulevard. She is concerned that they will not be able to get on Medcom from Highway 212 since it is one of the busiest intersections in the City and that people will cut through their neighborhood. There should be a signal at Prairie Center Drive and Franlo Road. Johnson said she is also concerned that their view will include looking at the condo building when the project is completed. She indicated that the parking is not really underground but is underneath parking. On the front of the building facing their development, there are four levels and on the back of the building there are five levels. Johnson said she is not comfortable with the underground parking. She also asked what the height requirements are for this condo building and she wanted to know what the distance is from the very north edge of their property to the very edge of Medcom Boulevard and from the north edge of Medcom Boulevard to the front of the proposed condo. Janes explained that the distance from the edge of the property to the edge of the actual road is approximately 13 feet. There is a required 35-foot setback from the right-of-way line that results in an additional distance of approximately 12 feet to 13 feet from the setback to the edge of the curb totaling approximately 45 feet. Dale Ellsworth, 11983 Tiffany Lane, said he moved into this area because of the trees and he is concerned with the number of trees that will be removed and have to be replaced for this project. Many of the residents in the area have similar concerns and issues with green space. Ellsworth said they are also concerned with the waivers for density along with traffic concerns and safety issues for families in the area.He indicated that there is no compelling rationale for issuing the waivers. Stoelting said it appears that there are some concerns about the future traffic flow down Medcom Boulevard coming from Highway 212 and how that traffic flow might change when Medcom is completed. There have also been comments regarding underneath and underground parking as well as the height requirement for the condo building. He asked Staff and the developer to address these issues and to also address the issue of tree replacement. Franzen explained the method used for measuring building heights in the City. The maximum height for the condo project is 45 feet. If the developer changed the roof design a little, they would be in compliance with the ordinance. Franzen further explained that the design feature on the commercial building makes it higher than allowed, however, if they remove the design feature it will not be as attractive. With regard to tree removal, Franzen explained that the property owner planted most of the trees on this site. When the tree ordinance was done years ago, they weren't thinking about sites that had planted trees but rather larger forest areas to preserve woodland areas. Franzen indicated that the tree loss would be very high because of the number of trees planted on the site. This particular site will only allow 150 inches of total tree replacement. They will not be able to replace trees at this particular location. Overall, the City will benefit by having trees planted in their park system. The developer will be maximizing the number of trees and the size they can fit on this site. Fox explained that when the City originally did the tree ordinance it was their intent to preserve the natural woodland areas. They did not take into account zoning. The downtown area zoning is a high-density type of zoning and reduces the footpath for planting. This is a tight site and underlying zoning drives the higher tree loss in this case. Gray reviewed with the Commission the future traffic flow of Medcom Boulevard and reviewed the history of the road. He explained that the City has been planning the extension of Medcom Boulevard for a long time. Gray said he did not feel there should be any concern that this road will become a major way for people to commute between 212 and Preserve Boulevard and Anderson Lake Parkway. They do anticipate signalization of the Franlo Road intersection in the near future. With regards to underground parking,Janes presented the elevations of the condo building and explained that this site is not a flat site. It has a significant slope from the south to the north and from the east to the west. The building will be constructed on a downhill slope that will result in more underground parking being exposed. The parking is underground as much as the topography of the site allows. Stoelting pointed out that the staff report talks about office guiding and zoning as an alternative. He indicated that this would eliminate a lot of the requested waivers associated with community commercial zoning. He asked the Developer if they had any strong feelings for considering office- guided zoning versus community commercial. Janes responded that with conversations with staff, they believed it would push the project out given the reduction in waivers. The potential downside would be the limited types of use. However,Janes said they would be agreeable to office zoning. Nelson said she liked the condo plan and asked if they will all be two- bedroom units or if they were subject to change. Janes said he did not think they planned on doing any three-bedroom units or one-bedroom units since this would change their count.Nelson asked if the office building would only be two stories high. Janes responded that the office building will be two stories and it is their plan to use 75 percent to 80 percent of the second floor. Their own internal growth may result in their using the entire second floor. They like the flexibility to occupy as much space as necessary and to rent out the remaining office suites.Nelson said her main problem with this proposal is the 17-foot setback from Prairie Center Drive and 12-foot setback from Franlo Road. Franzen explained that since this is a corner lot,the front yard setback requirement from Prairie Center Drive and Franlo Road required by the City Code is 35 feet. Because of the way the building sits on the property, the corner goes down to 17 feet and because of the right-of-way,the average setback is somewhere between 25 feet and 30 feet to the property line. The average setback to the road is greater than 35 feet to 45 feet. Franzen further explained that the side yard setback that relates to the green space residential portion is normally required at 20 feet. On this site it is 12 feet but considering the green space it is reasonable to look at a 12-foot setback in this situation. Janes stated that they have setbacks of 43 feet and 75 feet. From the building to the curb line,they have 41 feet. In the staff report,they talk about the right-of-way line. The setback is much greater to the curb line. Nelson asked if the developer has ever considered a three-story office building with a smaller footprint. Janes responded that the construction costs for that would not make the project financially feasible. It would be a significantly more expensive building.Nelson asked if there is any planned expansion of Prairie Center Drive and Franlo Drive up to the right-of-way line. Gray said there is not at this time. This would result in a six-lane roadway and there would be significant setback issues with buildings in the corridor. Brooks indicated that the residents in this neighborhood would like to see something that would generate less traffic built on this site. Staff is recommending a better use for part office and residential. Brooks said it is not the best site in town for a restaurant and retail but is one of the few remaining parcels in that area. The Developer's proposal will require 13 waivers and if the Developer took the City's recommendation they will still be looking at eight waivers. Brooks said he has a hard time approving this site with any waivers. They would have to be minor in nature. They have looked at setbacks from right-of-ways rather than the street for other projects and he feels they should all be treated the same.Brooks said he would have difficulty in approving this project as proposed considering the number of waivers that would be required.Brooks pointed out that a letter had been received from Mr. Flaherty dated February 17 stating that in his opinion this site is overdeveloped as presented today. Kacher read the comments made in Mr. Flaherty's February 17 letter and asked that staff respond to those comments. Franzen said Flaherty's comments are valid. The proposed project is not a very large project and the project's reasons for changing the guide plan and current waivers is less apparent on a small site. Large sites such as Hennepin Village can use 70 acres of dedicated open space as a tradeoff for waiver. This particular project does not present clear and obvious reasons for waiver. For this site they should consider if they are solving any particular problems. This project may not have strong compelling reasons for changes but it may solve land use incompatibilities. Should this site remain guided regional commercial trees will still have to be removed and lights, traffic and noise will still be a problem. The Commission must decide if this is the best use of the property. They need to consider the neighborhood characteristics. Franzen said he does not disagree with the points made in Mr. Flaherty's letter, however,the Commission must consider all issues when looking at any project, including the issues raised by Mr. Flaherty. Kacher said he appreciates the work that has been done on this project. pp Some times requirements justify purchasing a particular piece of property that is relatively expensive comes in conflict with the standards of the City and creates a situation that does not present compelling reasons for changing those standards. Kacher said he was not sure this proposal is the best compromise or solution for this piece of property. There do not appear to be any compelling reasons for changing the guide plan. Rocheford said he agrees with Kacher. It appears that the asking price for this piece of property is so high that the developer has to build so many things on it and request so many waivers to make the project work. He questioned whether or not the price of the property is too high. Rocheford said he would like to see something put on this piece of property that is more reasonable. Franzen explained that the market would determine what the price of a piece of property is going to be. Franzen said he does not think the City should get into a situation where they approve something because of the price of the land. Nelson asked if a three-story office building on this parcel would work since it would provide more space on the site. Franzen said there would be a legal waiver, but that would be a tradeoff for more green space and meeting setbacks. Rocheford stated that Mr. Flaherty mentioned the high price of the property in his letter and the developer has indicated that they cannot build up because of the price. Rocheford said he does not want to be held up by the fact that this is probably the best way for someone to develop this property because of the price of the site. Stoelting asked Rocheford if he feels the site should remain guided Regional Commercial. Rocheford said that at this time, he would like to see it remain as is. Seymour said he originally liked the fact that there would be a combination of office and housing on this site and that the housing had a buffer to the existing neighborhood. Seymour said he likes the mix use of this proposal. However, he is not sure that if this site remains Regional Commercial and a restaurant is placed on the site it would be best to build so close to the residential area. Seymour said at this point,his preference would be to go with the proposal as presented with the exception of it being guided to office with high density residential. Sutherland asked for details about the retaining wall on the west side of the property. The Hartford Corporate Director of Land Planning explained that there is a substantial grade change from the front to the back of the building. The retaining wall at its highest would be 14 feet with an average of about 8 feet to 10 feet high. He further explained that one of the things unique about this development is its mixed use.Many of the variances identified relate to the building. The office and condo buildings compliment each other. They are maximizing the use of the parking lot and are allowing the residential building to buffer the neighboring residential property. Stoltz thanked the developer for the time he spent in developing this project. The Developer has been before this Commission on October 25 and November 22 and they have greatly improved the project since those meetings. However, Stoltz said he still feels that the project is too big for this parcel of land. He does not think it would be a gain for the citizens if they move forward with this project tonight. Stoltz said he does not have a problem with mixed use of the land. He indicated that he is concerned with the scope of the project and with the number of waivers. Koenig said she was divided on this issue. This is a nice neighborhood and whatever happens on this site they will be losing a lot of tree mass. She said this concerns her. She questioned if it would be feasible if at some point they guided this site as high density residential. This may allow them to get something of value built for the community such as senior housing or affordable housing. Franzen said this would be a valid approach to the property. The Commission could ask a developer to look at this property and look at housing for the entire site but they must realize that any housing would have height and density waivers. The tradeoff is the benefit of additional affordable senior housing. Koenig said she would feel most comfortable with high density residential and asked how the residents would feel about high density residential on this parcel in terms of building height. Mary Carla Johnson, of Eden Hills Condos, said they don't want to see a six-story building on this corner. Johnson said before she could really comment on a proposal she would have to see what it would consist of Koenig said that if the right proposal came along she could support a high- density residential development. She said she is not opposed to mixed uses but this is a small parcel and she is not sure they can get a proposal that will fit on this parcel that everyone is in favor of. Stoelting asked if Koenig is open to changing the guide plan to high density residential and if she would also be comfortable with a mixed office, high-density residential use. Koenig said the proposal before them this evening is too much for this piece of property. She would not be opposed to changing the guide use with the right plan. Koenig said she would like to see all residential on this parcel. Nelson asked if this parcel were kept as a commercial site with a restaurant would a retaining wall still be required. Franzen said it would be.Nelson said that is not an issue, however, she asked if there are any safety concerns with people walking off of a 14 foot retaining wall. Franzen said if the building code requires a fence, then one would be built. Nelson said she is not concerned with changing the guide plan to office with the setbacks. Common land lines are pretty standard when putting together two uses. The building height is fairly marginal and the 12 feet on the side does not bother her either.Nelson said she likes this project better than previously presented and likes the floor plan of the condos. She also does not mind a three-story building because of the large library on the corner. The developer may want to consider a slightly smaller footprint for the office building for extra room. She is not against changing to office high density residential.Nelson questioned whether or not they would want this site to have a full commercial use. Kacher pointed out that earlier in the evening there was talk about the amount of vacant office space in Eden Prairie. Given that situation, Kacher asked if it made sense to change the guide plan to add more office to the City. Franzen stated a land use decision should not be based on market conditions alone. Market conditions and remaining undeveloped office land together might suggest not adding more office. Franzen noted the development potential of about 100 acres of office land as compared to 10 acres of vacant commercial land. Kacher said he would like to see the developer come back with a proposal for guiding mixed office high density residential. Sutherland said he is not uncomfortable with the mixed-use concept or changing to office but he is not comfortable with the mixed residential commercial. Sutherland said he is concerned with the scope of the present project but he is not uncomfortable with changing the guide plan to office. Stoelting said this is the third time this project has been before this Commission. He thanked the developer for reducing the number of units and for their responding to the comments from this Commission. Stoelting said he is relatively comfortable with this site being guided office and high density residential. Some of these waivers could be deleted with some adjustments to the proposal. Motion was made by Nelson, seconded by Brooks, to recommend a continuance to the March 28, 2005, meeting,with direction to: (1)modify the application for a guide plan change to office; (2) modify the application for a zoning change to office; and(3) make appropriate changes to the plan as recommended in the staff report that include, reducing or eliminating waivers and adjusting the plan for site vision. The motion carried, 5-4 with Brooks,Nelson, Stoelting, Seymour and Sutherland voting aye and Kacher, Koenig,Rocheford and Stoltz voting nay. Area Location Map - Hennepin Village Guide Plan Change - Office Site 'I and 2 Address: Char!son Road, East of Spring Road `\.,\,+ . \\.____ / Pioneer Tr. \` Spring Road ta Z *`� a / Charieson Rd. SITE MN « . .., - 1111111 i i — i cher P n La. — rY ei I ,%�111 f 11111.1 11 i _y am �— Highway#212 -� �:, , . : .. : � N� � r , s.----- No Scale Alik---....J ::::: , : : , fh ��� Mike Franzen From: Finney,Nigel[NFinney@mspmac.org] Sent: Friday, February 25,2005 10:59 AM To: Mike Franzen Cc: Anderson,Timothy;'DJKAHERBST@aoLcom' Subject: Hennepin Village Based on further review of the request to convert land in Hennepin Village from commercial to residential use, the Metropolitan Airports Commission does not object to the proposed residential use. This position is based on the fact that the remaining commercial property is under ownership of an entity owned by United Properties and therefore there will be no additional requests for residential units in this area. Please contact me if you have any questions regarding this matter. 1 CITY COUNCIL AGENDA DATE: SECTION: Public Hearings 04/12/05 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development/Planning Columbine Road Addition Preliminary Plat VIII.B. Janet Jeremiah/Regina Herron Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for a Preliminary plat of 31.49 acres into one lot, three outlots and road right-of-way. Synopsis This is a Preliminary plat of 31.49 acres into one lot, three outlots and road right-of-way. Planning Commission Recommendation The Planning Commission voted 9-0 to recommend approval of the project to the City Council at its March 14, 2005 meeting. Background Information The City acquired this land parcel from the State as a Conveyance of Forfeited Lands in February of 2002. The preliminary plat is a subdivision of 31.49 acres into one lot, three outlots and road right-of- way. Lot 1 Block 1 is proposed for approximately four acres and meets the requirements of an RM-6.5 zone and is available for development. Approximately 2.5 acres will provide for street right of way for Columbine Road and Castlemoor Drive needed for connection to Prairie Center Drive. Outlot A will provide 21 acres of wetland preservation. Outlots B and C will provide for easements. The proposed zoning for Lot 1 Block 1 is consistent with Sub Area 4 of the Major Center Area (MCA) Study and may suggest for the following Future Vision Options: A. Transitional Housing of varying densities B. High density Housing. C. Health,wellness and hospitality/entertainment. The preliminary plat conforms to the subdivision regulations and a conservation easement will be recorded over the wetland and wetland buffer. Attachments 1. Resolution for Preliminary Plat 2. Staff report dated March 11, 2005 3. Approved minutes of the March 14, 2005, Planning Commission Meeting COLUMBINE ROAD ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2005- RESOLUTION APPROVING THE PRELIMINARY PLAT COLUMBINE ROAD ADDITION FOR THE CITY OF EDEN PRAIRIE BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Columbine Road Addition for the City of Eden Prairie stamp dated April 12, 2005, and consisting of 31.49 acres into one lot, three outlots and road right-of-way 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 thel2th day of April, 2005. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen A. Porta, City Clerk STAFF REPORT TO: Planning Commission FROM: Regina Herron, Planner I THROUGH: Michael D. Franzen, City Planner DATE: March 11, 2005 SUBJECT: Columbine Road Addition APPLICANT/ City of Eden Prairie FEE OWNER LOCATION: Columbine Road and Prairie Center Drive REQUEST: Preliminary plat of 31.49 acres into one lot,three outlots and road right-of-way for Columbine Road. Staff Report— Columbine Road Addition March 11,2005 PROJECT DESCRIPTION The proposal includes right of way for Columbine Road and Castlemoor Drive extensions, easements and wetland preservation for outlots A, B, C, and Lot 1 Block 1 is available for development. PRELIMINARY PLAT The City acquired this land parcel from the State as a Conveyance of Forfeited Lands in February, 2002. The preliminary plat is a subdivision of 31.49 acres into one lot, three outlots and road right-of-way as described below: Lot 1 Block 1 is proposed for approximately four acres and meets the requirements of an RM6.5 zone: Residential Minimum Minimum District Zone Area Lot Size (Acreage/ Sq. Ft.) RM-6.5 13,000 3,000 Approximately 2.5 acres will provide for street right of way for Columbine Road and Castlemoor Drive needed for connection to Prairie Center Drive. Outlot A will provide 21 acres of wetland preservation. Outlots B and C will provide for easements. Lot 1 Block 1 is zoned RM-6.5 and guided for Regional Commercial. The zoning is consistent with Sub Area 4 ofthe Major Center Area(MCA)Study and may suggest for the following Future Vision Options: A. Transitional Housing of varying densities B. High density Housing. C. Health,wellness and hospitality/entertainment. 2 Staff Report— Columbine Road Addition March 11,2005 STAFF RECOMMENDATION Recommend approval of the following request: • Preliminary plat of 31.49 acres into one lot, three outlots and road right-of-way for Columbine Road. This is based on plans stamp dated February 17, 2005. 3 A. COLUMBINE ROAD ADDITION, (2005-10)by City of Eden Prairie. Request for Preliminary plat of 31.49 acres into one lot, three outlots and road right-of-way for Columbine Road. Location: Columbine Road and Prairie Center Drive. Al Gray, City of Eden Prairie engineer,presented the proposal. He stated that the Columbine Road plat was originally the platting and subdivision of a piece of property that the City acquired from the State. It is located along Prairie Center Drive, south of the Flagship Athletic Club, between Flagship and Broodmor Apartments, or the Castleridge Development. The property went tax forfeit in the mid 1990's. At that time it was subject to the Wetland Restoration Order. The property owner at that time, a development company out of Canada, and the EPA could not reach an agreement on the restoration of the wetland. The development company felt that there was little property to develop and they let it go tax forfeit, with a substantial tax burden on it. Gray stated that the City had always looked for a right-of-way through the property for the construction of Columbine Road. After the property went tax forfeit, EPA was looking for a way to resolve the restoration order that they had. They approached the City to see if it would be interested in doing some restoration work or at least closing the case file. The City entered into an agreement with EPA that stated that if in the future the City became the owner of the property and was able to extend Columbine Road,the City would provide approximately 1.3 acres of wetland restoration to close the case file;EPA agreed to that. Gray stated that the property is fairly large and the westerly half of the property is primarily wetlands and because there are so much wetlands on the property, State law required that once it went tax forfeit it became part of the public domain. In 1999,the City sought special legislation from the State to allow the State to transfer title to the City. The City was successful in this endeavor and received the deed in 2001. The City is proposing a subdivision that creates a right-of-way for Columbine Road,and also to create an additional right-of-way for Castlemoor Drive. The City is also proposing to create a large outlot in the form of outlot A, which would become part of the Purgatory Creek recreation area, and the City is also creating a small outlot B. Outlot B is situated on a portion of the Flagship parking lot. Flagship does not have title to the parking lot property;the City's intention is to give Flagship the title to their parking facility. In exchange,the City would gain a right-of- way from the corner of the Flagship property for Columbine Road as it approaches Prairie Center Drive. The City is also looking at creating Lot 1 Block 1, which would be a marketable piece of commercial land that would be used for some type of development proposal. Stoelting noted the property is currently zoned RM 6.5 and guided regional commercial. He asked what type of project the City would be looking to develop in this area. Gray responded that he was unsure at this time what developments would be proposed for this area. Brooks asked how large of a structure would end up on this site. Gray stated that the site is not very large so the structure would have to coincide with what the zoning allows to be built in the area. Brooks asked if the size of the lot would be consistent with City code. Gray stated that it will be larger than the code requires. Kipp stated that the City is currently conducting the MCA study and part of that study entails discussing what type of land uses the City would like to see constructed in that area. He stated that in the staff report on page 2 there are some ideas of what the land can be used for. Koenig stated that a few years ago there was some tax forfeit property adjacent to Windsong and asked if that was related to this project. Fox stated that it is not related and that the pieces adjacent to Windsong are currently being processed. Koenig asked if it was suppose to be deeded over to the City. Fox stated that it would be deeded over to the City. Koenig asked if it was in the process of being deeded over to the City. Fox responded by stating that it is in tax forfeiture, but because it is a wetland complex, by State law the Minnesota Department of Natural Resources has the first right of refusal on those pieces of property, unless there is another governmental agency. He stated that the City has to go through a legislative process to basically take the property from one government ownership to another and that is what the City is currently in the process of doing. Stoelting opened the meeting up for public input. There was no input. MOTION was made by Nelson, seconded by Kacher, to close the public hearing. Motion passed 9-0. MOTION was made by Nelson, seconded by Koenig,to approve the request for Preliminary plat of 31.49 acres into one lot,three outlots and road right-of-way for Columbine Road, based on plans stamp dated February 17, 2005, subject to the recommendations of the staff report dated March 11, 2005,to the City Council. Motion passed 9-0. : & j 04A4,:. .,ri rS X• f 1'. r 'I'F , ✓ J r `"! N'w St 1 ii. Ste" r.r,.r r r t t t • •-;,.e▪ - „ -, .a-r �• � ,i,;r1+`x ,� ..! r ,e♦' l k vi 7�9u r aw^' w i'� 'ek* �' � t,lL�'` j ' F •-k 4i�i,.�:Fi Fri r ' .l't 1 1!7I.t 6,1 ,6.I.y' !•X 't "rr6. . 'la�.. rVI*, • y - ,, • .,, r,,�.y 7 r L !'.'�tf -' i .� of :___`y ,:, tv.r �_• _1 _ _ - � '� z» '.L t '. `� t<>:s 7r< J • ... 1-t'`t` a tv▪ M y T-+• x s fr' 144 • 3-'r`P•-•-•� W. zj5 •1 -ia▪ {' ,-�%`'' Ja-' ?r lei"?;°' t4 ., 'A "�"�' Z••u--E..� yeLrw"•"5` mot 2-. a"�� �, , Hru " . .,,� ", ,�. 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'.rl�'l �I,o '�!V'1 . .. - �.. t COLUMBINE ROAD ADDITION NORTH Columbine Road Aduition Land Use Map ?n 1.1 siltrd \ it:.,. ` Prairie CenEer Dave I - .* u � (� Site - g Ijk. li, ' - ' i . . Columbine RoadL=- � -m Columbine ad �.� 10, , r r., ' � + 'If ' 1"-"' } �� CastlemoorDrive i�I9� ¢�.� , t ik 7 C' >.�* f i rr - i •. , i r a t= 1 t 4� ■■ --,-0_��stw � �.II,� ' a` lam; �.� t tta" ♦ ► ~ Fiying Cloud Drive(212) � ♦ 1 1 /11 �d �44 fir '''_ , ' ,.. ,.. :-...'r -:... illifill kiriel .:4:,,,,-=,:,:.•--:1,3-iiiiA ■ Low Density Residential t3-2S Units/Acre ®Regional Commercial I Principal Arterial FA low Density/Public/Open Space Park/Open Space —AM Minor Arterial Eig Medium Density residential a 5 t0 Units/Acre PubliGOuasi-Public -S Minor Arterial Medium Density Resideniiat/Df<ce Church!Cemelary ---Major Collector °EDEN Mil High Density Residential l0 40 UnilslAcre r: Open Water --Minor Collector PRAIRIE Office Right-Of-Way AI I E goOffice/Industrial --—Metropolitan Urban Service lane(MUSA) Office/Public/Open Space Creeks oast:Approved 0Y7943 ®Industrial [�Airport Boundary DATE Reviledotaras - '1 Neighborhood Commercial =-r. 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', ,,t, -4,tg,-0 41Y4.,,,, 4 lait*'. ',k,-;1;-':',-'-' .". " ',' ,... :. ri:Lav4,..,44, ,,iii, ,Lt, 1-:_.r:r.‘:...,1:,1,..•',. ,. , ' .:'' ,.4 i ,tt,%'''.1.1 li, 149.4%.• . . r, .....'11.7',,7.4., Ar-1 „,,, - ,...-. !1,94',Ce ._, _ ' - -'4 fdd W Columbine Road - -__ — L -.''"4111111P 74,47. ..' ', '1 /' Castlernoor Drive pg eif,;:liviint,,4.11 ra: ,„.,.....„,„. .. . w." •- IL - - - ,, :,,...,, , r, ., . „ ..,..•:' :,,r ir,:,...,' ,. 4r,.': ,.; '': ,. VAS .{. ' ', . Kifiiitjf 4.:t...1:'',1141',:k111.:°:::.,:h.,1:.,.n'll 141t1:441.1:::r' '';'''5';''' ... ,,..4 i; ,, ' , 1111 'i'e..'.'all 15 r.1.6:fal'Ilkt,r.. .' .;" 1..1417:471.7P'Ag Tligiljt p..- 4..iAlys.i2.=Y4,Rtt4, i', '''''" ' - — ' '— ''.' . :,.;ii.,'.ra 'Lei" ti ii' :r.. --....-:iL.4., .,. na sz v.:165 "%Alfi.,M,r"..cf,W,?' : williBra. kk. • .-- ----•". - - • , 4Fr:A r .,.-..: .- wr 1 Flying Cloud Drive{212) oriirisils m 0-4.--....4-,,,...44c.,, ..;r1.4,, i,.,-terd . '' ' — . giefitif,1 Atea 4111$ 1 .,•: • ke - AL . SSI soli 41.14)111 4,1111 lir et" iik.v. , v. .40.1 ii ,... ,.., , . .._,-4.... .._ fil"liii k -- '-- ,::-.., -::,. Shoreland Management Classifications ED Ratal Goa Farrah-19 my min r...=kaktarlag Part-2 A.,Ming ED R1-44 One Farr*44,0330 ran NM W.W.I Part-5Am.IAn. Natural Environment Waters 1 Rd)P I.22 Orr Famay.22.000 min 11111 Garmal inairrviei-5Acre Are L5l Recreational Development Waters ED RI-13 5 One Fanay.13.500 ar rah 021 Putat tr:71 RI-13 5 One Ranho.9.5030 may IPFnwa. 533 General Development Waters(Creeks Only) NM r222 ioo- Year Floodplain ''r I RAI.6 5 Ouil•Family-15.7 U.P.A.ma. (=I Rig ht•at•Way 111111,44.2.5 1.409.F amly 0.4 U PA RUM C=1 Cranhassan Ckyllgraa ED C"... EDEN N Highimay#312 West of County Road#4 Es proposed.not constructed at this lima ir!"hichbaramaa Canrtaa091 NE Cam.*Cm,PPP,dd Up dated through Ordinance#32-2004 ..., Or Cs if33•2001{E3F1 Addition}approved.but net shown on this map adeditionPRAIRIE litavaay Commercial Date:December 31.2004 III Regional 5040 ConvregOal LIVE•WORK•OAECtil -re.toonacemirered evir................iiiilitalf....P..0y......./. CITY COUNCIL AGENDA DATE: SECTION: Public Hearings 04/12/05 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development/Planning The Ridge At Riley Creek VIILC. Janet Jeremiah Scott A. Kipp Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for Planned Unit Development Concept Review on 42.22 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 42.22 acres; and • Adopt the Resolution for Preliminary Plat on 42.22 acres into 39 lots, two outlots and road right-of-way; and • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. Synopsis This project is for 39 single-family lots on 42.22 acres consistent with the Comprehensive Guide Plan for low density residential development. Planning Commission Recommendation The Planning Commission voted 7-0 to recommend approval of the project to the City Council at its March 14, 2005 meeting, based on the March 11, 2005 staff report and the following: 1. Restrict parking on Beverly Drive and Sky Lane. 2. Move the staging area from Lot 5, Block 4 to Lot 1,Block 4. 3. Make a formal request to the Metropolitan Airports Commission (MAC) for using the utility easement for moving construction in and out of the area. The plans have been revised according the staff report and Planning Commission recommendations. A formal request for construction access through MAC property has been made(letter attached). Background Information The proposal is for 39 single-family lots on 42.22 acres to be zoned R1-13.5 at a density of 0.92 units per acre. Outlot A will be dedicated to the City. A conservation easement is also proposed over a portion of Lot 1, Block 1. City Council Agenda—Public Hearings The Ridge at Riley Creek April 12, 2005 Page 2 A waiver for cul-de-sac length of 1,000 feet will be necessary for this project. Code maximum is 500 feet. The property is in a shoreland area since it is located within 300 feet of Riley Creek. All lots meet the shoreland code requirements. Within a shoreland area no development or alteration is permitted on a bluff which is a slope that averages 30%or greater. Bluff area is shown adjacent to Lots 4— 13, Block 1. No impact is proposed for these lots. Sewer and water will be extended from Eden Prairie Road through property owned by MAC to serve the site. This will require the developer to obtain a utility easement from MAC Sky Lane as it enters the development has been modified to work within the existing and proposed right-of-way. As recommended by the Planning Commission, the developer has made a formal request to MAC for a construction access easement through its property to the east. If this is unsuccessful construction traffic will need to use Beverly Drive and Sky Lane, and the developer will need to provide a new bituminous overlay on portions of these streets for the construction access and bond for potential damage that may occur from the construction traffic. The development is consistent with the existing and proposed expanded Flying Cloud Airport. A small portion of what would be safety zone B (limited development) overlays the most easterly side of the property based on an expanded airport. All homes are located outside the safety zone. Noise zones are based on noise contours determined from forecasted aircraft operations at the airport are shown as DNL 60 and DNL 65 contours. Neither of these contours overlay the property based on the existing or an expanded airport. Because of the current and future projected number of aircraft over-flights to occur in this area, the developer will need to provide a disclosure statement to all first homeowners in the development advising of the proposed airport expansion and associated over-flights. In addition, each home will need to be designed and constructed to provide for an interior noise reduction to 45 dBA, based on the Metropolitan Council's Builder Guide. This is similar to the Hennepin Village development. Attachments 1. Resolution for PUD Concept Review 2. Resolution for Preliminary Plat 3. Staff Report dated March 11, 2005 4. Planning Commission Minutes dated March 14, 2005 5. Letter from EPIC Development to MAC dated March 22, 2005 6. Letter from City of Eden Prairie dated March 31, 2005 7. Letter from Resident dated February 13, 2005 THE RIDGE AT RILEY CREEK CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2005- A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF THE RIDGE AT RILEY CREEK FOR EPIC DEVELOPMENT,LLC 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 Planning Commission did conduct a public hearing on March 14, 2005, on The Ridge at Riley Creek by EPIC Development, LLC 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 April 12, 2005. NOW, THEREFORE,BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. The Ridge at Riley Creek, being in Hennepin County, Minnesota, legally described as outlined in Exhibit A, is attached hereto and made a part hereof. 2. That the City Council does grant PUD Concept approval as outlined in the plans stamp dated April 5, 2005. 3. That the PUD Concept meets the recommendations of the Planning Commission of March 14, 2005. ADOPTED by the City Council of the City of Eden Prairie this 12 day of April, 2005. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen A. Porta, City Clerk r - EXHIBIT A PUD Concept- The Ridge at Riley Creek Legal Description: THE RIDGE AT RILEY CREEK CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2005- RESOLUTION APPROVING THE PRELIMINARY PLAT OF THE RIDGE AT RILEY CREEK FOR EPIC DEVELOPMENT,LLC BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of The Ridge at Riley Creek for EPIC Development, LLC, stamp dated April 5,2005,and consisting of 42.22 acres into 39 single-family lots,two outlots and road right-of- way,a copy of which is on file at the City Hall,is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto,and is herein approved. ADOPTED by the Eden Prairie City Council on the 12th day of April, 2005. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen A.Porta, City Clerk STAFF REPORT TO: Planning Commission FROM: Scott A. Kipp,Senior Planner DATE: March 11,2005 SUBJECT: The Ridge at Riley Creek APPLICANT: EPIC Development,LLC OWNERS: Scott A.Berg Darcy Rae Muniz Larry and Pauline Kacher Laseski Family Enterprises,LLC LOCATION: North and west of Sky Lane, south and east of Riley Creek Area Location Map - The Ridge at Riley Creek Address: North and west of Sky Lane, south and east of Riley Creek JjJI1; 4 t 1 >r 1 q....-,'-:'..•:.4..at_-„t„m11 E1,r111[1_1r11 13 1 iO14 k1a I11ut 1„ ��Gedarcrest Dr. r1w111I j,1 a 4 1) ' 414 [Valley Rd. 3.0 1 4 .• 1 ini /_ '!... (Ififf mu ig %wit 4 ---,)// 4 rm. 1 prilli 11"Ni ' ' .-1.- -)/// a 43 Ill I— I. 1 Ale : - I Tiiia Ridge f' lit,141:11:-/iitr i : . 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'i.z tc.'1 '-�'�-r''•L•�i' iN RIDGE AT RILEY CREEK NORTH The Ridge at Riley Creek Land Use Map --1-H -- .. .NI -- ilil�, f. --- LJ:- --� �w a■ _ fill-,-.: Pioneer Trail Ar r / %' ii !& � '7.-,,,--g a -'-'7:.--:4- r .., 1.1,..:......;:m.t.,,. .04zza,z.t.,:, .... a_ .2.„,...., 0 ',:;:',1 , ':,'•.:‘, F.- 7 1111101 4IW 7 ''';'_,10::'-atis-F4-,:a.;:;'A§- :-'-'. {1, ''.'f'1,,',1-::',--_,.:,:....L.:,-,-.-.— - ', ri{iAfO �.■ `,it,. t!AR Cedarcrest Drive : ,,,,,,;.: .,::k:4-:::-!-:::-..1,5I-..i.n.,,,T;:,,,2-f„y.,-, ,, ,:, ,,,..-,7 - a - ''' I or III it ,•,-_*,#.-.,::-:--1:„:4r.:.sM.,4,1 M®D IN® d7.r..4-.,:,2..,L-i,"%,7.ri.i.i - ,r / ®.. — „ % N .._\-..,,'tI1l-'1--_„1',.:,i,1_o._t,.•,li1-LL„\_,_.-,w=—A-.._-App, -,,,_-i_L-t-<:*,.i%*•-4t:**fal.a.,-,1,l4,t i 4.-z_iz aiWg,fitw-..4.r-..y.4-',(,:f,5...)_.,'-:...-_,.,...:..-„._-. 0 ',I Tilia Ridge a 4W1ll At,. 3 r`/ rc-,® 1 tk Aden Pratne Road ." t 1; ♦ UL. F. SITE ..,.f,......„.,„:,. i-t-fzii,i1-5 t7-E Fri -`51.= .)I "VI razf.r,,v...4,-Nilgriitif:.,c----.., 3 r S ill. 't- ..2. r i.,t �y ./t dn'w. ... r I lit 11uuui iI� 0.11 ►114►Rlflilll ---- - Sky Lane t � ' � F 7 \``U`1u► `���,. ,,,5.n1..-::.:...f,,„;••,--;,;>;i:',..&• '.:T.•,--,-54-,•,g-t -,,,,,,',9:;- , _ =W .vur6 k f c, '�' / �` Beverly Drive Iill }I `�...� og4•. • ;`®®jam 7 iz j i !�®��'itf< - a.4 �4-'.tom iiirx-.*22.- Low Density Residential 0-2 5 Units/Acre ' Regional Commercial Principal Arterial '2'//,, Low Density/Public/Open Space Park/Open Space A Minor Medium Density residential 2 5-10 Units/Acre Public/Quasi-Public B Minor Arterial ./ Medium Density Residential/OfficeIMI Church!Cemetary C High Density Residential --•Major Collector r�Cr�C IMI 10-40 Units/Acre Open Water Minor Collector n' pRAIRIG N Office Right-Of-Way ^� Office/Industrial -Metropolitan Urban Service Line(MUSA) 772 Office/Public/Open Space Creeks DATE A1707.0 0319 w OATS Revt0d 01.07.05 '; industrial Airport Boundary Neighborhood Commercial IES-3 l Community Commercial The Ridge at Riley Creek Zoning Map ® � ■ ` �omilima � Pioneer Trail � �1 r • E'w—P,g_-14ffiA-41 1\.4/i,.'1._.,a'-7,,0'1,2,,0,1,,,'i,,,,-.k,_.o.,-:w,0',-..g.:c,.... ,I.1I0.I1.4.I11 I,l ---:,'•.,::-:.• ® ♦ ® i® f " _OP ON ®O ® .� 4 ice- . �-. /.+rs iiira ®® 0� 2y -ZY # �`' s S ,5'V rit ilk �9161� ��® ®,r1. um Cedar Crest ` 1 r"tte „�. _ {S on 2 S K�^ K Sa: tau E r. KO �i c..^s.3. �a" 3.'+fl r z-.3 .. I f -, .--,...,,,.,, lid{- iguitimt tir,444. A #11:`;, t a l 4 4 Tilia Ridge lit r 1 r 4014 ®� Rem WI K 44® • crsi : , Ng r.4p ..wer:iL+V'u ft. 4,r-- atkkit�® ® �, Eden Prairie Road 01.11 IIIIIII1Thik — - --\-,-,--;,v al all "qillIllIllrPr E-7--`-r2 EIS' 4-'q,- ..'-'4 r - -' ' �a l,,v„,! IM` , Imp re:1_1_ - .+ �f �?-`� ttom'®c;°j`®, S P pik_•41_,._a */ 1 ,..1.... go aiiii soul L ... T n91,fll mFILLHf LuiLlig.11 4 Beverly Drive �_Etin1.5.:11411Ec / 04115211BEllig INT Q�7 Rae One Femiy.to acre mt. wweaw Park-2Ann tst Shoretand Management Classifications r m-44 anFarnat44.00od nen L:'-indminal Pak-5 Acre MS Natural Environment Waters RI-u One Famiy72000elmin EN General adnausal-5AcreLW Da Recreational Development Waters O Rt•i:S One Fan#y-13.500 dmin ED Pwo tail General Development Waters(Creeks Only) ED R141.5 One FaKiy R500 d min CD Mho �/ t RAFa.5 tAidifemiyA7 URA.mac Rgnla^Ww i77� 100- Year Floadplain / t t. MEI M425 tAMFFamly47A u P.A.in..O enrJatean CIN Wilt E D E N Dorn N Filgitway It372 West of County Road#4 is proposed.not constructed at thus time Nelprbarhu.d Cenanertld Up dated through Ordinance#32-2004 ®t:a y commo da Wham #33-2001 BRAddlion)approved-but not shown on this map edition PRAIRIE ®taphrrayCommeree mber 31.2004 ®Peplane s. im Commercial ®Repine Commode' :ta—,uroe knom yen In me numm m weans. e LIVE•5Y9AK•7FERf1 Staff Report—The Ridge at Riley Creek March 11,2005 Page 2 BACKGROUND The property is guided low density residential for up to 2.5 units per acre, and zoned Rural. Surrounding land use is low density residential to the south and east,and public open space to the north and west defining the Riley Creek corridor. Surrounding zoning is Rural to the east and south, and R1-22, and R1-13.5 north and west of Riley Creek. An informational meeting took place on February 14,2005 to discuss a concept plan for 37 single- family lots on 36.83 acres. The Commission responded favorable to the proposal based on its use of large lots,reasonable tree loss,and consistency in the area. PRELIMINARY PLAT The proposal is for 39 single-family lots on 42.22 acres to be zoned RI-13.5 at a density of 0.92 units per acre. Lots range between 21,793 square feet and 135,236 square feet,with an average lot size of 30,389 square feet. All lots meet the size and dimension requirements of the R1-13.5 zoning district. All proposed houses meet the setback requirements for the R1-13.5 zoning districts. A waiver for cul-de-sac length of 1,000 feet will be necessary for this project. Code maximum is 500 feet. Outlot A will be dedicated to the City. A conservation easement is also proposed over a portion of Lot 1,Block 1. The land dedication and easement are needed to protect the creek corridor, protect trees, and provide room for a trail in the future. SHORELAND CODE The property is in a shoreland area since it is located within 300 feet of Riley Creek. The creek is classified as General Development Water. Lots within 150 feet of the creek are considered abutting lots and must meet the following requirements. • Minimum lot size— 13,500 square feet • Minimum lot width at building line- 120 feet • Minimum lot width at Ordinary High Water Level— 120 feet • Minimum setback from Ordinary High Water Level— 100 feet A majority of the lots are at least 150 feet from the creek and are not considered abutting lots and only need to meet the R1-13.5 zoning district standards. All abutting lots meet the above requirements. Staff Report—The Ridge at Riley Creek March 11,2005 Page 3 Within a shoreland area no development or alteration is permitted on a bluff which is a slope that averages 30% or greater. Bluff area is shown adjacent to Lots 4 — 13, Block 1. No impact is proposed for these lots. A portion of the NURP pond is in the bluff area and will need to be relocated outside this area, The shore impact zone is located within 50 feet of the ordinary high water level of the creek. No development or alteration is allowed within this zone. No alteration is proposed. WETLANDS The wetland has been delineated along Riley Creek, No alteration is proposed within the wetland area or 50 foot wetland buffer. GRADING AND TREE LOSS A total of 17,122 diameter inches of significant trees are located on the property. Tree loss is shown at 4,474 diameter inches, or 26%. Tree replacement is 1,555 caliper inches. The plan will need to be revise to provide 1,555 caliper inches of tree replacement. DRAINAGE AND UTILITIES Two storm water ponds designed to NURP standards are proposed on the north and west portions of the property. To minimize the potential for erosion of the steep slopes adjacent to Riley Creek, a rear yard storm sewer is proposed. Sewer and water will be extended from Eden Prairie Road through property owned by the Metropolitan Airports Commission(MAC)to serve the site. This will require the developer to obtain a utility easement from MAC(see attached letter). SIDEWALKS AND TRAILS Five-foot wide sidewalks are proposed along the west side of the Sky Lane,and on the north sides of both easterly road extensions,ultimately to connecting to Eden Prairie Road. An 8-foot wide bituminous trail will be constructed from Sky Lane,down to Riley Creek. A future trail is planned along the Riley Creek corridor. ACCESS Access to the project will be from Sky Lane. Road extensions are also proposed to serve undeveloped property to the east. Future road access to Eden Prairie Road may come through property to the east which is currently owned by MAC, The MAC has purchased the safety zone Staff Report—The Ridge at Riley Creek March 11,2005 Page 4 B land adjacent to this site and has not permitted public road access through the property at this time. It is anticipated that some future development may occur within the MAC land consistent with safety zone B limitations. A portion of Sky Lane as it enters the development will need to be modified to meet road design standards(see attachment). Prior to City Council,developer shall incorporate the modified road design into the plans. CONSTRUCTION ACCESS Construction traffic will use Eden Prairie Road,Beverly Drive,and Sky Lane. The developer will need to provide a new bituminous overlay on portions of these streets for the construction access and bond for potential damage that may occur from the construction traffic. A staging area will need to be shown within the proposed development for contractor parking, and debris control. FLYING CLOUD AIRPORT (see attachments) Flying Cloud Airport is located approximately one mile to the east of the property. An Environmental Impact Statement(EIS)for the expansion of the airport and its parallel runways is currently being evaluated. MAC's capital improvement program shows the airport expansion taking place in 2006 subject to FAA approval of the EIS. Safety Zones Safety zones are established to protect the approach corridor from obstructions and other hazards to aircraft. State law allows MAC to adopt and enforce safety zoning. MAC has acquired much of the land that underlies what would be the safety zone area rather than adopting zoning restrictions. A small portion of what would be safety zone B(limited development)overlays the most easterly side of the property based on an expanded airport. All homes are located outside this zone. Noise Zones The Metropolitan Council's Land Use Compatibility Guidelines for Aircraft Noise are used in determining land use compatibility with the airport. Noise zones are based on noise contours determined from forecasted aircraft operations at the airport and are shown as DNL 60 and DNL 65 contours. Neither of these contours overlay the property based on the existing or an expanded airport. Because of the projected number of aircraft over-flights to occur in this area,the developer will Staff Report—The Ridge at Riley Creek March 11,2005 Page 5 need to provide a disclosure statement to all first homeowners in the development advising of the proposed airport expansion and associated over-flights. In addition, each home will need to be designed and constructed to provide for an interior noise reduction to 45 dBA,based on the Metropolitan Council's Builder Guide. This is similar to the Hennepin Village development. SUMMARY The proposed project is consistent with the comprehensive plan for the property and surrounding developed area. All Iots meet the R1-13.5 zoning district standards The development is consistent with the existing and proposed expanded Flying Cloud Airport. An airport disclosure document will need to be prepared as part of the project and all houses designed and constructed to meet an interior noise reduction to 45dBA. The developer will need to modify the alignment for a portion of Sky Lane to meet road design standards. The developer will need to provide a new bituminous overlay on those portions of Eden Prairie Road,Beverly Drive and Sky Lane for the construction access and bond for potential damage that may occur from the construction traffic. A staging will also need to be established within the proposed development for contractor parking and debris control. STAFF RECOMMENDATION Recommend approval of the following request: • Planned Unit Development Concept Review on 42.22 acres. • Planned Unit Development District Review with waivers on 42.22 acres. • Zoning District Change from Rural to R1-13.5 on 42.22 acres. • Preliminary Plat of 42.22 acres into 39 lots,two outlots and road right of way. This is based on plans stamp dated March 10,2005, and the following conditions: 1. Prior to City Council review,the proponent shall: A. Relocate the westerly NURP pond outside of the bluff area. B. Identify a staging area within the property for contractor parking and debris control. Staff Report—The Ridge at Riley Creek March 11,2005 Page 6 C. Revise the tree replacement plan to provide 1,555 caliper inches of tree replacement. D. Modify the Sky Lane alignment as shown in the attachment,and provide evidence of an agreement between the developer and adjacent property owner for acquisition of an easement for road purposes. E. Prior to 2nd reading of the project developer shall provide evidence that an easement for road purposes has been acquired from the adjacent property owner for Sky Lane modification. 2. Prior to release of the final plat,the proponent shall: A. Submit detailed storm water runoff,utility,and erosion control plans for review and approval by the City Engineer and Watershed District. B. Submit an airport disclosure statement for review by the City Planner that address the proposed airport expansion and associated aircraft over flights. C. Dedicate Outlot A,and the 60-foot conservation easement as depicted in the plans to the City. 3. Prior to grading permit issuance,the proponent shall: A. Notify the City and Watershed District 48 hours in advance of grading. B. Install erosion control on the property,as well as tree protection fencing at the grading limits in the wooded areas for trees to be preserved as part of the development. Said fencing shall be field inspected by the City Forester prior to any grading. 4. Prior to building permit issuance for the property,the proponent shall: A. Provide a tree replacement/landscaping surety equivalent to 150%of the cost of the tree replacement for 1,555 caliper inches. B. Pay the Cash Park Fee. C. Provide building documentation to the Building Official verifying that the houses will meet an interior noise reduction to 45dBA according to the Metropolitan Council's Builders Guide. Staff Report—The Ridge at Riley Creek March 11,2005 Page 7 5. The following waiver is granted through the PUD for the project: A. Cul-de-sac length from 500 feet to 1,000 feet. 7 (9 . /4, 1 :' ,. I 0 � . 4\ _ 4/W tar .. / Z) ---- ' '' ... 4, 1 _" �``� „„ , , ** ' lit---"6 "\ ■ pA ROfY -- 0 4 -- / ir-Iii 300 / 400 / 300 Li se 1 i4 . sr J \. . APB DEUNEA7ED WEILAND REPORT DATED 9/9/04 \`• . Fu7uE a• zoo 7RAll CONNEC7ION 1 S W ( LANE Mops F' CAT,ON METROPOLITAN AIRPORTS COMMISSION Minneapolis-Saint Paul International Airport 6040-28th Avenue South•Minneapolis,MN 55450-2799 r z Phone(612)726-8100 MAC to 4 t r,° �'41NP°PT5 December 15, 2004 iqn U_C 11 .1;;1' Mr. Rich Ragatz U °LMlNINC DEPI President DEC � � ���� EPIC Development, LLC 3441 St. Paul Avenue Minneapolis MN 55416 OF EDEN PRAIRIE Re: Utility Easement—Eden Prairie MN Flying Cloud Airport Dear Mr. Ragatz: In October 2004 the Metropolitan Airports Commission (MAC) authorized staff to negotiate and execute a utility easement with EPIC Development, LLC for water and sanitary sewer on property owned by MAC at the Flying Cloud Airport(see attachment). As requested in your letter dated 12/9/04 (attached), this letter is provided affirming the MAC's involvement in the impending utility easement between the MAC and EPIC Development, LLC for the residential development"The Ridge at Riley Creek". As we discussed last month, we look forward to finalizing this utility easement, subject to final plat approval by the City of Eden Prairie. If you have any questions, please contact me at 612.467.0500. Sincerely, Richard W. Biddle Contracts Manager cc: Chair Vicki Tigwell Commissioner Kari Berman Gene Dietz, Eden Prairie Mike Franzen, Eden Prairie Perry Ryan, Ryan Engineering Mike Neuharth The Metropolitan Airports Commission is an affirmative action employer www mspairport corn Reliever Airports AIRLAKE •ANOKA COUNTY/BLAINE•CRYSTAL•FLYING CLOUD•LAKE EUv1O•SAINT PAUL DOWNTOWN • / MEMORANDUM ITEM7 TO: Planning and Environment Committee FROM: Gary G.Warren, Director—Airside Development(726.8131) SUBJECT: AUTHORIZATION TO NEGOTIATE AND EXECUTE A UTILITY EASEMENT-. FLYING CLOUD AIRPORT DATE: September 24,2004 EPIC Development, LLC (EPIC) is currently in the final stages of platting a residential development, The Ridge at Riley Creek, which partially abuts property owned by the MAC, west of the Flying Cloud Airport. Figure 1,shows the location of the parcel in relation to MAC property and the airport. As part of the development, EPIC needs to extend sanitary sewer and watermain from the City of Eden Prairie's service lines, located in Eden Prairie Road,through the MAC property. In order to accomplish the installation of these utilities, EPIC has offered to purchase a utility easement from MAC for$40,000. The proposed easement is 60'wide and approximately 1,300' long (1.84 acres). This is strictly an underground utility easement with no above ground development rights. The easement most likely will be transferred by EPIC to the City of Eden Prairie for ownership and maintenance of the utilities after the installation is complete. The MAC will also be granted the right to connect to these utilities in the future at no cost should the MAC desire to do so. COMMITTEE ACTION REQUESTED RECOMMEND TO THE FULL COMMISSION THAT STAFF BE AUTHORIZED TO NEGOTIATE AND EXECUTE A UTILITY EASEMENT WITH EPIC DEVELOPMENT, LLC FOR WATER AND SANITARY SEWER ON PROPERTY OWNED BY MAC AT THE FLYING CLOUD AIRPORT AND AUTHORIZE THE EXECUTIVE DIRECTOR OR HIS DESIGNEE TO EXECUTE THE DOCUMENTS. FLYING CLOUD ,-- - .�;+ _ . 'ce` I.; -�lir AIRPORT + . . �. i *Ct. rirtIVI -..APs: PInv.. ) ' i 4 .41.1.__ .. Altki . I.11 07 1 EASEMENT -j �.. 1 LOCATION `' • I . t-.J LULU /11 4P4 7� i1 o Q lit - ,e7 ti, t . _ O ROPOSED `'J ,1 ^ ZUTILITY ' D EASEME ` j�� (60' x 130 s ,' RI 1111 a fili ell 0 ../ iii: 1\ok al O Z .0 CD a 4 w Figure 1 * i ) Nig i L III'`.Rll ���+fj�► ��tll��:..•'a •l;v �►ot il) � ♦-�Ingnirekim,i" t �C.iait �•` �l. � ��i .artrr..�•,a , sra \♦, u• m :„, ,,r :��U- Imo.�O a II■i f� � �1��':tosIS Ei. 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A% . r ee •i — — Monthly Arrivals Q a UM ONO ..~.'ti Faunal Aviation Monthly Departures "Ammo !. t �, Administration544 (2f9) Total Operations (Turbine Aircraft Operations) °c A Y 1ikii W } f IUDIV u.MANSAO A N SaesNMB Figure Q-6 1 2010 Monthly Operations By Flight Track-Alternative F with Noise Mitigation fi To: Planning Commiss ion n From: Al Gray, City Engineer, Scott A. Kipp, Senior Planner EDEN Date: March 11, 2005 Re: Questions Raised at the February 14, 2005 PRAIRIE Ridge at Riley Creek Informational Meeting uot ::o�iK•a �aw The following questions were raised as part of The Ridge at Riley Creek informational meeting. Staff provides the following answers. 1. Who is responsible for tree replacement in the proposed utility easement through MAC property? Any significant tree, as defined by code, lost due to construction will need to be replaced according to code by the developer. 2. Can adjoining homes hook up to utilities in the easement that is being obtained through MAC property? Yes, but connection fees are payable at the time of connection. 3. When is MAC going to remove the structures on the property it has acquired over the past few years? MAC has indicated that a request for bids to relocate the structures was unsuccessful, and that at this time there has been no schedule or decision made to relocate or remove the structures. 4. Can trees be planted along the east property line of the proposed development? Yes. This can be made a recommendation in the staff report. 5. How will the developer and City address construction debris? The developer will need to establish on the project site a staging area to handle contractor parking, and the control of construction debris. City code does address the need to control construction debris and can be enforced if the contractors are in violation of the code. 6. Will a traffic study be necessary for 37 new single-family homes? No. Thirty-seven homes will generate approximately 350 trips per day. Questions raisedat the Informational Meeting March 14, 2005 Page 2 7. When will the Eden Prairie Road feasibility study be completed? In the summerof 20 . p OS 8. Will The Ridge at Riley Creek property be assessed for Eden Prairie Road improvements? Yes. 9. What are the assessments from the Eden Prairie Road project to homeowners on Beverly Drive and Sky Lane? This will be determined by the feasibility study. 10. What is the normal traffic volume for a residential street? In Eden Prairie residential street volumes range from a couple hundred to a couple thousand vehicles per day. 11. What is the schedule for the reconstruction of Eden Prairie Road? The summer of 2006. B. THE RIDGE AT RILEY CREEK(2004-12)by Epic Development, LLC. Request for Planned Unit Development Concept Review on 42.22 acres; Planned Unit Development District Review with waivers on 42.22 acres; Zoning District Change from Rural to R1-13.5 on 42.22 acres; and Preliminary Plat of 42.22 acres into 39 lots,two out lots and road right-of- way. Location: North and west of the Sky Lane, south and east of Riley Creek. Stoelting recognized Commissioner Larry Kacher,who asked to be excused from the discussion on this development because it could potentially impact him as a property owner in this development. Kacher was excused from participation, and sat in the audience during this item. Perry Ryan, of Ryan Engineering and representing Epic Development, presented the proposal. He stated that approximately one month ago, on February 14, they were present at the Commission meeting for an informational hearing and discussed several of the items involved in the project. The project is north and west of the end of Sky Lane and immediately east of Riley Creek. The proposal is for 39 single-family units on 42.22 acres, which is zoned R1 13.5 at a density of 0.92 units per acre. Mr. Ryan stated that some of the major changes from the last meeting were the adding of a rear drainage system behind all of the units that are adjacent to Riley Creek and also working out some of the details with Staff on the geometrics of the access along Sky Lane to meet a 30- mile an hour design. Mr. Ryan also stated that they are proposing to dedicate outlot A, which is entirely along Riley Creek,which is slightly over 10 acres. One other minor modification was some minor changes to the ponds. Mr. Ryan stated that Epic Development has been working with Staff to resolve any issues that were discussed a month ago. He also stated that the answers to the questions that came up from the neighbors at that meeting could be seen on the last two pages of the staff report. Stoelting asked Kipp to review the staff report. Kipp stated that the Staff would recommend approval of the project based on the recommendations in the staff report, dated March 11, 2005, shown on pages 5-7. Stoelting opened the meeting up for public input. Ray Driver, 9805 Sky Lane, stated that he would like to propose to the City that during the time of construction they put up no parking signs on Sky Lane, along Beverly Drive out to Eden Prairie Road, and have police enforcement so that there is no construction traffic parking on either Sky Lane or Beverly Drive. He said he would also like to propose that the City put up a stop sign at the intersection of Sky Lane and Beverly Drive. Mr. Driver also asked if Sky Lane would be widened during the construction because it is currently 12 feet wide from the mailbox to Beverly Drive. He also requested that if they do widen Sky Lane that they put asphalt down afterwards. Koenig asked Mr. Drive if he would object to parking in the development. Mr. Driver stated that he does not object to parking in the development; he is just concerned with Sky Lane. Stoelting asked Mr. Driver if the 23 feet of Sky Lane is currently asphalt. Mr.Driver stated that it was. Stoelting asked if there was any unpaved area. Mr. Driver stated that it was currently all asphalt, but 270 feet from his property to the mail box, the road is 12 feet wide is not very thick. He stated that it is all cracked and weathered and would not last very long with the heavy equipment. Mike Neuharth, 9610 Eden Prairie Road, stated that he would like to commend Epic Development with a nice development and commend City Staff for the thorough evaluation of the property. He does have some concerns. He stated that Eden Prairie Road is narrow down from where the new road was made down to Beverly Drive. It is a 6-ton road and Mr. Neuharth would like to ask the City if it is going to make this a 9-ton road to handle all the construction trucks coming in and out of the area. He would also like to know how wide Eden Prairie Road is down at the curve, right across from Riley Creek. He stated that it is a very dangerous point. Mr.Neuharth would like to see if that road could be upgraded to a 9 ton. Stoelting asked, in regards to the width of Eden Prairie Road,where was the concern. Mr.Neuharth stated that it would be right across from where Eden Prairie Road comes down across Riley Creek. Resident, at 9850 Eden Prairie Road, which is on the corner of Beverly Drive and Eden Prairie Road, had concerns with the assessments along that portion of the project. He asked if the reconstruction of Eden Prairie Road would include the assessments for utilities or simply the structure of Eden Prairie Road itself. He stated that his concern is bringing in assessments for road construction if they do not include utilities and being assessed again at a future time for the utilities. Stoelting summarized and redirected the questions by asking that Gray address the request for no parking signs on Sky Lane and Beverly Drive, and whether the request for the stop sign stays after the project is completed at the intersection of Sky Lane and Beverly Drive. He also asked that he address the issue of Sky Lane. There was a question regarding the width of the road, and the issue that there is a road there currently and how will the old road be integrated into the new road development;and how is that going to work. There was a question regarding Eden Prairie Road and it currently being a 6-ton road and would there a plan to make it 9 ton, and address the issue regarding the width of Eden Prairie Road at Riley Creek. The last question would be the assessments associated with Eden Prairie Road and will utilities also be assessed. Gray stated that he would start with the parking restrictions. He stated that the City would not be opposed to placing restrictions on Beverly Drive and Sky Lane for a couple of reasons. Parking restrictions will apply to everyone; even the residents, but on these roads it would probably not be an issue. Beverly Drive and Sky Lane do not have a lot of curves, which means if there were parking on the street; parking on the grass would not be an issue, as it is in other developments. The City has asked the development up front to plan for parking areas in the development. Gray stated that in regard to the stop sign on Beverly Drive and Sky Lane,the City would normally put up stop signs when they are warranted. In taking a look at this intersection, it is a T intersection and all of the traffic that would be exiting this new neighborhood and coming up Sky Lane to Beverly Drive is going to be making a right or left turn. Because of this, the law states that they are obligated to yield to traffic on Beverly Drive. The traffic on Beverly Drive at that intersection is extremely low volume; there are only a few homes to the west. Mr. Gray stated that this is not the kind of intersection that the City would warrant the necessity to put a stop control device on it. In regards to Sky Lane and its width, Gray stated that part of the plan is that Sky Lane has to be upgraded and widened, preferable to 28 feet,with a minimum of 25 feet, all the way out to Beverly Drive. The City expects Beverly Drive to be overlaid and the developer of homes, over a period of several years, needs to be obligated for any repairs to existing Beverly Drive. This should not be a neighborhood expense or City expense. Gray stated that the City's preference would be that a temporary construction assess road be built over the MAC property, and one alternative would be to use the utility corridor. He stated that there has been some discussion if MAC would allow that;this request has not yet been presented to MAC. Gray stated that in discussing Eden Prairie Road, in regards to assessments,what property owners should expect are assessments for the upgrading of Eden Prairie Road and the extension of utilities from Riley Creek down Eden Prairie Road. This project would potentially be building 40 percent of the utilities in the area,which would mean less of an assessment for the homeowners in the area. From an overall construction standpoint, the most intense construction traffic will start in 2006 when the developer will be building the homes. At that point in time the City will be tearing up Eden Prairie Road and rebuilding it so that it can sustain 9 ton trucks except for the 2 months a year when the City has seasonal restrictions. Stoelting asked for clarification that Eden Prairie Road would be going from a 6-ton road to a 9-ton road and that it would begin in the summer of 2006. Gray stated that if things stay on track that is what the City is anticipating. Stoelting asked what the width of Eden Prairie Road would be at Riley Creek. Gray stated that when it is rebuilt it would be 32 feet. Stoelting asked the developer to elaborate on the staging area and how traffic will move in and out of this area. Ryan stated that they would be in agreement with the staff report and would be willing to have no parking on Beverly Drive and Sky lane. He stated that the location of Lot 5 would be the staging area for supplies and parking and stated that it is shown on the site utility plan. Stoelting asked about the overlaying and maintenance on Sky Lane and Beverly Drive. Ryan stated that they are in agreement with the City Staff. Nelson asked gray if the cul-de-sac would be large enough for a school bus to turn around in. Gray stated that all standard cul-de-sacs enable school buses to do a turn around. Nelson asked Gray if this was a standard cul-de-sac and Gray confirmed it was. Nelson asked if the noise levels from the airport would be so high that residents could not enjoy being out on their decks. Kipp stated that this development is 1 '/2 to 2 miles off of the runway and being so relatively close the residents will observe noise from the runway. Nelson asked what the current flight numbers over the property are now. Kipp stated that the EIS does provide that information but he does not have an exact number but that it would be higher now than what they will be in the future. Nelson stated that what the residents hear now is what they will hear in the future. Kipp confirmed that statement. Rocheford asked Gray whether or not MAC had been requested by Epic to build a road over the easement or did they say that it would not be possible. Rocheford stated that he is concerned with the staging and construction. Gray stated that MAC entertained a request for a permanent road and denied it. What MAC staff said is that they have not been actually asked if they would accept a temporary construction road. Rocheford asked if a construction road were made on top of that easement, would that be a costly endeavor for the developer. Gray stated that there would be some cost involved but it would eliminate the need to overlay Beverly Drive and maintain it and it would shorten the amount of Eden Prairie Road. Rocheford requested that it go on record that a construction traffic road should be installed and have the staging area moved back towards Lot 1, instead of Lot 5, because he sees that as a problem for Mr. Driver. Stoelting wanted to clarify what Rocheford was requesting by asking what lots he was talking about; Lot 5 to which Block. Rocheford responded by stating Lot 1 on Block 4. Stoelting addressed this question to the project developer. Mr. Ryan stated that the moving of the staging area would not be a problem. He also stated that Epic did talk to MAC to see if they changed their position on the permanent road and they said that they did not. MAC stated it was for utilities only. Stoltz asked Mr. Ryan if he would be willing to make a formal request to MAC for trying to gain access for the utility easement for construction purposes; in order to bring construction trucks up to the area. Mr. Ryan stated that they would be willing to make the request but they would not like that to slow down this project because he stated he did not know how fast MAC would act on that issue. Stoltz stated that it is important to the public and he would like to make this a formal request that this process be completed before the project can go forward. Ryan stated that if they can move forward with the project he would make that formal request. Gray stated that the City should be able to keep the project on track, subject to Planning Commission recommendations and City Council approval, and if the City gets to the point that they are writing a development agreement and waiting for a MAC decision for a temporary access road, the City could write a development agreement stating, "subject to MAC approval", and if it is denied, then it would be the alternative way around and conditions would be listed for each. Mike Neuharth, 9610 Eden Prairie Road, stated that he had talked to the neighbors and access is the real problem. He stated that if a construction access is put in through the corridor of the utility easement more problems would arise with people coming out and vandalizing the properties. He asked that if the property cannot be patrolled or monitored who or what would stop this action. Mr.Neuharth stated he would like to go on the record stating that if this development goes through he would like to see it go through the Beverly Drive and Sky Lane access. Gray stated that the City recommends the access across the MAC property versus trying to run all the traffic through Beverly Drive and Sky Lane. Koenig asked the property proponent what was the situation with the tree replacement plan, and has it been revised. Mr. Ryan stated that the plan has been changed and they are in agreement with the City,but it has not been submitted to the Planning Department as of yet. Stoelting requested to Gray that a recommendation be made for two access points in the PUD approval, contingent on MAC acceptance. Gray stated that they would actively pursue MAC concurrence for the temporary access. There are two houses on the lot that need to be condemned and removed because they do become a source of vandalism. MAC appears to be in favor of taking these houses off the property. Mr. Ryan stated that they would make a formal application to MAC to get the easement for construction through the corridor. He stated that if they do not get this temporary easement then they can discuss access through Beverly Drive and Sky Lane. Brooks stated he did not see the restrictions of parking on Beverly Drive and Sky Drive, and the other issues of overlaying, paving and the staging area on the staff report and these issues should be addressed with the motion. Stoelting reiterated by stating that when a motion is made these specific issues can be addressed at that time. Robin Smith, owner of the lot at 9765 Sky Lane, next to Ray Driver and on the southern end of the MAC property, stated that his property is next to the condemned houses and he feels that if there is a temporary road put in through this area it would bring in a lot of unwanted people that do not live in the area,therefore the potential for more vandalism and theft exists, especially since there really are no neighbors to watch the area. He asked that if a temporary road is put in, could the developer or MAC also put in a fence to eliminate some of this. Stoelting asked Gray to address this issue. Gray stated that fencing is an option and also a construction gate down at Eden Prairie Road is another alternative. Koenig asked that in regards to fencing, could MAC be asked if that area could be fenced,regardless of where the staging area would be. She asked if there were"no trespassing" signs in the area. Gray was unsure if any signs were up in the area but it is unsure if MAC would want to get involved in the no trespassing issue and questioned if they would enforce it. He stated that even without the construction corridor people are still trespassing in the area. Gray was unsure if a fence would eliminate the problem. Koenig was concerned with having the staging in this area. Gray stated that this area is wide open at this point and that the City needs to reach an agreement with MAC on this issue. Koenig suggested being more proactive with MAC. Gray stated MAC could fence entire property to keep trespassers out. (Rocheford left the meeting at this time) Koenig asked if the neighbors have any recourse for trespassers. Fox stated that he has talked to Bridget, at MAC, and there have been"no trespassing" signs posted in the past and people would rip them down. Once the signs are down, the police cannot enforce the"no trespassing" issue. Fox stated that this is a constant problem for the area. Nelson asked if there has been a particular police problem on this property. Fox stated that he was not aware of any particular problem. MOTION byStoltz, seconded byKoenig, to close the public hearing. g Motion passed 7-0. Kacher was dismissed from this public hearing and Rocheford left the meeting before the motion took place. MOTION by Stoltz, seconded by Brooks, to approve a request for Planned Unit Development concept Review on 42.22 acres; Planned Unit Development District Review with waivers on 42.22 acres;Zoning District Change from Rural to R1-13.5 on 42.22 acres; and Preliminary Plat of 42.22 acres into 39 lots,two out lots and road right-of-way,based on plans stamp dated March 11, 2005, subject to the recommendations of the staff report dated March 11, 2005, to the City Council,with the addition of the following items: restrict parking on Beverly Drive and Sky Lane, move the staging area from Block 4 Lot 5 to Block 4 Lot 1, and make a formal request to MAC for using the utility easement for moving construction in and out of the area. Koenig made the comment that she would like to go on record that she would prefer to see the staging area occur at Beverly Drive. Motion passed 7-0. DEVELOPMENT, LLC. March 22,2005 Mr.. Gary Warren Airside Development Director Metropolitan Airports Commission 6040 28th Avenue South Minneapolis,MN 55450 Re: Easement Acquisition-Eden Prairie, MN Dear Mr. Warren; We have recently gained Preliminary Plat approval for the project"The Ridge at Riley Creek"at the City of Eden Prairie Planning Commission meeting on March 14,2005. Responses from neighbors and City staff have prompted us to discuss again a construction access easement which was discussed in a letter to you dated 12/09/04. This easement would be in addition to the 60'utility easement which the MAC authorized staff to negotiate with Epic Development. Please accept this letter as a formal proposal and a letter of intent to purchase an easement from the Metropolitan Airports Commission(MAC) for an access easement that would allow ingress and egress over the same area described in the aforementioned 60'utility easement. Epic Development proposes to purchase a 60'wide access easement from the MAC over the same 60'corridor as the utility easement. Epic Development shall be responsible for constructing a temporary construction access roadway within the 60'corridor. Roadway shall be limited to construction of aggregate surfacing with the exception of a possible bituminous apron at the access point to Eden Prairie Road. We propose that this construction access roadway remain in place during the project construction and until such time that 80%of the homes within the development are completed. The proposed easement shall expire no later than July 30,2008. Epic Development will be responsible for maintenance of the construction access roadway through the duration of the easement. Prior to the expiration of the easement, the roadway shall be removed and the area restored to its original condition. In addition Epic Development will hold the MAC harmless with regards to any additional liability associated with the access easement. It is our understanding that the MAC would prefer to have the two homes north of the 60'corridor to be removed from the premises. If this is correct,Epic Development proposes that as compensation for the access easement,we will pay for the cost of removing both homes and the pole barn building on the two parcels to the north. Based on recent home demolitions from some of our other developments,this has a projected cost to us (value to you),of approximately $50,000.00. 3441 St Paul Avenue/Minneapolis,MN 55416/Office/Cell:612.730.2814/Home:612.927.6588/Email:rragatz@earthlink.net EPIC DEVE{OPMEK:IIC Page 2 Mr, Gary Warren March 22,2005 We appreciate your time and consideration and look forward to discussing the possible acquisition of this construction access easement with you and your staff. If you have any further questions or require additional information,please contact me directly at (612)730-2814. Sincerely, EPIC DEVELOPMENT,LC (E-sigaature) Mr_Rich Ragatz President Cc: Chairwoman Vicki Tigwell Gary Schmidt—Director of Reliever Airports Bridget M.Rief,P.E.-Airside Project Manager Mr.Al Gray—City Engineer Mr.Scott Kipp—Senior Planner v.tif EDE PRAIRI : LINE•WJnK•DR EAF OFC 952 949 8390 March 31,2005 FAX 952 949 0390 TDO 952 949 8399 8080 Mitchell Rd Mr.Gary Warren Eden Prairie,MN Airside Development Director 55344-4405 Metropolitan Airports Commission °de"prairie'O's 6040 28th Avenue South Minneapolis,MN 55450 RE: Ridge at Riley Creek Dear Mr.Warren: We are writing to advise you of our support for the request by EPIC Development for an access easement across MAC property,as described in their letter of March 22,2005. The temporary access easement will reduce construction traffic throrngh an existing. neighborhood and over neighborhood streets not scheduled for reconstruction in the near future. EPIC's proposal would appear to be of value to MAC and the City. We encourage you to give it your consideration. Sincerely, Alan D.Gray,P.E. City Engineer ADG/slg f February 13,2005 To: Planning Commission Re: The Ridge at Riley Creek After reviewing the proposed plan we have the following comments: The utility easement from Eden Prairie Road through MAC property to the site should also be used for construction traffic. A street access to Eden Prairie Road should be provided to give this development two access points. The staff report item noting a construction staging area on the property and not on adjacent streets is a good requirement for all construction = equipment and parking. Since it is difficult for developers and builders to communicate the City's construction activity time limit of 7am—7pm to all subcontractors,please require the developer to post signs stating the time limits at the property's entrances. R ctfully, Roger&Jean Johnson 16895 Beverly Drive CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims April 12, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Sue Kotchevar Payment of Claims IX. OCM/Finance Requested Action Move to: Approve the Payment of Claims as submitted(roll call vote) Synopsis Checks 139412 - 140156 Wire Transfers 2210 - 2224 Background Information Checks 139412 through 139890 mailed regular Council week. Attachments City of Eden Prairie Council Check Register 4/12/2005 Check# Amount Vendor/Explanation Account Description Business Unit 2210 378,169 ANCHOR BANK Principal Bldg Refunding Bonds 2004 2211 14,725 DELTA DENTAL PLAN OF MN Dental Health and Benefits 2212 10,590 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 2213 15,532 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund 2214 75,017 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits 2215 25,924 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits 2216 130,417 WELLS FARGO MINNESOTA N A SS&Medicare Health and Benefits 2217 395 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Services 2218 60,280 MINNESOTA DEPT OF REVENUE Memberships Community Center Admin 2219 10,589 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 2220 15,632 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund 2221 76,009 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits 2222 25,498 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits 2223 129,139 WELLS FARGO MINNESOTA N A SS&Medicare Health and Benefits 2224 1,950,018 UNITED BANKERS BANK Land Fire Station#4 139412 450 US POSTMASTER-HOPKINS Postage Community Brochure 139413 113 ACE ICE COMPANY Misc Non-Taxable Den Road Liquor Store 139414 101 AMERIPRIDE LINEN&APPAREL SER Repair&Maint. Supplies Prairie Village Liquor Store 139415 71 ARCTIC GLACIER INC Misc Non-Taxable Prairie Village Liquor Store 139416 3,741 BELLBOY CORPORATION Liquor Prairie Village Liquor Store 139417 8,665 DAY DISTRIBUTING Beer Prairie Village Liquor Store 139418 2,734 EAGLE WINE COMPANY Wine Imported Prairie Village Liquor Store 139419 16,933 EAST SIDE BEVERAGE COMPANY Beer Den Road Liquor Store 139420 786 FLAHERTYS HAPPY TYME COMPANY Misc Taxable Prairie View Liquor Store 139421 1,852 GRAPE BEGINNINGS Wine Domestic Den Road Liquor Store 139422 6,122 GRIGGS COOPER&CO Liquor Prairie Village Liquor Store 139424 13,742 JOHNSON BROTHERS LIQUOR CO Liquor Den Road Liquor Store 139425 5,128 MARK VII Misc Taxable Prairie Village Liquor Store 139426 349 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store 139427 239 NEW FRANCE WINE COMPANY Wine Imported Den Road Liquor Store 139428 83 PACIFIC DIRECT Misc Taxable Den Road Liquor Store 139429 3,348 PAUSTIS&SONS COMPANY Wine Domestic Prairie Village Liquor Store 139430 6,402 PHILLIPS WINE AND SPIRITS INC Wine Imported Den Road Liquor Store 139431 430 PINNACLE DISTRIBUTING Misc Taxable Den Road Liquor Store 139432 1,613 PRIOR WINE COMPANY Wine Domestic Den Road Liquor Store 139433 13,842 QUALITY WINE&SPIRITS CO Wine Domestic Prairie Village Liquor Store 139434 14,466 THORPE DISTRIBUTING Beer Prairie Village Liquor Store 139435 120 VINTAGE ONE WINES INC Wine Domestic Prairie Village Liquor Store 139436 1,338 WINE COMPANY,THE Wine Domestic Den Road Liquor Store 139437 1,610 WINE MERCHANTS INC Wine Imported Prairie Village Liquor Store 139438 481 WORLD CLASS WINES INC Wine Imported Prairie Village Liquor Store 139439 100 BLAKE,PAUL Refunds Environmental Education 139440 123 CUB FOODS EDEN PRAIRIE Operating Supplies Pool Special Events 139441 240 GE CAPITAL Other Rentals General 139442 348 HAYEN,LINDA Operating Supplies Winter Theatre 139443 198 HEDDLE,ALLEN Operating Supplies Prairie View Liquor Store 139444 3,850 HENNEPIN COUNTY Other Contracted Services Storm Drainage 139445 1,232 HENNEPIN COUNTY TREASURER Other Contracted Services Water&Sewer Refund Bond 1979 139446 150 DETER,KARA Training Supplies Fitness Classes 139447 13 KRAEMERS HARDWARE INC Supplies-General Bldg Community Center Maintenance 139448 ' 100 LINDGREN,JIM Refunds Environmental Education 139449 150 LIONS TAP Awards Raquetball 139450 1,645 MCNEILUS STEEL INC Repair&Maint. Supplies Park Maintenance 139451 1,854 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund 139452 60 NIELSEN,DEB Outdoor Center Park Facilities 139453 250 NORTHWEST ATHLETIC CLUB Deposits Escrow 139454 53 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Services 139455 2,690 QWEST Telephone Purgatory Creek Rec Area 139456 41 RICHFIELD,CITY OF Operating Supplies Fleet Services Check# Amount Vendor/Explanation Account Description Business Unit 139457 54 ROLLERGARDEN Special Event Fees Leisure Education 139458 119 SOUTHWEST METRO TRANSIT Deposits Escrow 139459 75 TRACS FINANCIAL LLC Conference Expense Finance 139460 1,429 US POSTMASTER-HOPKINS Postage Water Accounting 139461 80 WILSON,JOHN D. Clothing&Uniforms Police 139462 2,690 ASPEN WASTE SYSTEMS INC. Waste Disposal Community Center Maintenance 139463 11,274 CENTERPOINT ENEGY Gas Fire Station#1 139464 82 CINGULAR WIRELESS Pager&Cell Phone Water System Maintenance 139465 92 HARMON AUTOGLASS Equipment Repair&Maint Fleet Services 139466 46 KRAEMERS HARDWARE INC Repair&Maint. Supplies Water System Maintenance 139467 75 MACKAY,NINA Lessons&Classes Girls on the Run 139468 1,101 MIDWEST ASPHALT CORPORATION Patching Asphalt Water System Maintenance 139469 45 MINNESOTA FIRE CHIEF MAGAZINE Dues&Subscriptions Fire 139470 23 MINNESOTA POLLUTION CONTROL AG Licenses&Taxes Sewer Utility-General 139471 777 NILSSEN,BETH Instructor Service Ice Arena 139472 315 PETTY CASH Miscellaneous City Council 139473 46 RODRIGUEZ,MELISSA Lessons&Classes Pool Lessons 139474 29 SBC PAGING SERVICES Pager&Cell Phone Sewer Liftstation 139475 12 SCHNIRRING,DENISE Program Fee Outdoor Center 139476 160 ST.LOUIS PARK,CITY OF Conference Expense Water Utility-General 139477 6 STAR TRIBUNE Misc Non-Taxable Den Road Liquor Store 139478 12,000 TRAILS ASSOCIATION,THE Right of Way&Easement Improvement Projects 1996 139479 841 UNITED RENTALS Repair&Maint.Supplies Storm Drainage 139480 16,056 VALLEY RICH CO INC Other Contracted Services Water System Maintenance 139481 25 WICKENS,KATHERINE Outside Water Sales Water Enterprise Fund 139482 87 ACE ICE COMPANY Misc Non-Taxable Den Road Liquor Store 139483 137 AMERIPRIDE LINEN&APPAREL SER Repair&Maint. Supplies Den Road Liquor Store 139484 2,936 BELLBOY CORPORATION Liquor Prairie View Liquor Store 139485 72 CAT&FIDDLE BEVERAGE Wine Imported Den Road Liquor Store 139486 2,614 DAY DISTRIBUTING Beer Prairie View Liquor Store 139487 4,593 EAGLE WINE COMPANY Wine Imported Den Road Liquor Store 139488 7,107 EAST SIDE BEVERAGE COMPANY Beer Den Road Liquor Store 139489 349 GETTMAN COMPANY Misc Taxable Den Road Liquor Store 139490 930 GRAPE BEGINNINGS Wine Domestic Den Road Liquor Store 139491 8,876 GRIGGS COOPER&CO Misc Non-Taxable Prairie Village Liquor Store 139492 553 HOHENSTEINS INC Beer Prairie View Liquor Store 139494 45,779 JOHNSON BROTHERS LIQUOR CO Wine Imported Prairie Village Liquor Store 139495 5,411 MARK VII Beer Prairie View Liquor Store 139496 96 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store 139497 6,879 PAUSTIS&SONS COMPANY Wine Imported Den Road Liquor Store 139498 43 PEPSI COLA COMPANY Misc Taxable Prairie Village Liquor Store 139499 18,805 PHILLIPS WINE AND SPIRITS INC Wine Imported Prairie View Liquor Store 139500 1,176 PRIOR WINE COMPANY Wine Domestic Den Road Liquor Store 139501 9,876 QUALITY WINE&SPIRITS CO Transportation Prairie View Liquor Store 139502 226 SPECIALTY WINES AND BEVERAGES Wine Imported Prairie View Liquor Store 139503 10,029 THORPE DISTRIBUTING Beer Prairie Village Liquor Store 139504 578 VINTAGE ONE WINES INC Wine Domestic Den Road Liquor Store 139505 1,711 WINE COMPANY,THE Wine Imported Prairie View Liquor Store 139506 3,123 WINE MERCHANTS INC Wine Imported Den Road Liquor Store 139507 1,348 WINE SOURCE INTERNATIONAL Wine Domestic Prairie Village Liquor Store 139508 892 WORLD CLASS WINES INC Wine Domestic Den Road Liquor Store 139509 180 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center 139510 2,227 ARCH PAGING Pager&Cell Phone Wireless Communication 139511 240 BARNES,JASON E Instructor Service Fall Skill Development 139512 146 BEST WESTERN KELLY INN,THE Conference Expense Records Management 139513 180 BOGREN,ANN Canine Supplies Police 139514 80 BOLD,PAULINE Instructor Service Outdoor Center 139515 290 CAMPOS,LORI Instructor Service Outdoor Center 139516 104 CUB FOODS EDEN PRAIRIE Operating Supplies Fire 139517 71 CULLIGAN BOTTLED WATER Operating Supplies Fire 139518 296 DELL Office Supplies General 139519 306 ESBENSEN,GEORGE Operating Supplies Fire 139520 46 FIRE ENGINEERING MAGAZINE Dues&Subscriptions Fire Check# Amount Vendor/Explanation Account Description Business Unit 139521 38 FRANKLIN,WOODROW G Operating Supplies Reserves 139522 148 GE CAPITAL Other Rentals General 139523 30 GUSTAD,MARK Dues&Subscriptions Police 139524 100 HENNEPIN COUNTY TREASURER Dues&Subscriptions Police 139525 3,950 INDUSTRIAL NETWORK SYSTEMS Software Water Treatment Plant 139526 75 ISFSI Dues&Subscriptions Fire 139527 230 MINNESOTA CHAPTER IAAI-J SCHAD Tuition Reimbursement/School Police 139528 69 MINNESOTA COUNTY ATTORNEYS ASS Printing Police 139529 1,849 MINNESOTA VALLEY ELECTRIC COOP Electric Park Maintenance 139530 150 MN-HTCIA Tuition Reimbursement/School Police 139531 158 MOTOROLA Equipment Repair&Maint Wireless Communication 139532 150 NATIONAL TACTICAL OFFICERS ASS Dues&Subscriptions Police 139533 38 ORDWAY CENTER Special Event Fees Red Hat 139534 109 PARK NICOLLET CLINIC Other Contracted Services Risk Management 139535 144 PETSMART Canine Supplies Police 139536 21 QUINN,PAULA Program Fee Red Hat 139537 1,043 QWEST Telephone Sewer Liftstation 139538 77 RIDGEVIEW MEDICAL CENTER Other Contracted Services Risk Management 139539 140 SEXTON,THOMAS C Repair&Maint.Supplies Fitness Center 139540 345 SIRCHIE Operating Supplies Police 139541 149 SKILLPATH SEMINARS Tuition Reimbursement/School Police 139542 9 STAR TRIBUNE Dues&Subscriptions Prairie View Liquor Store 139543 256 STREICHERS Clothing&Uniforms Police 139544 40 TRAPP,SUZANNE Instructor Service Outdoor Center 139545 2 VERIZON WIRELESS BELLEVUE Pager&Cell Phone Fire 139546 208 A TO Z RENTAL CENTER Equipment Repair&Maint Park Maintenance 139547 290 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events 139548 100 BARTH,JOAN AND WILLIAM Refunds Environmental Education 139549 100 BIEHL,JOHN Refunds Environmental Education 139550 49 BOGREN,ANN Tuition Reimbursement/School Police 139551 100 BURGHARDI,STEPHEN Refunds Environmental Education 139552 224 BURTON EQUIPMENT INC Operating Supplies Furniture 139553 209 DEGREE,BETH Mileage&Parking Aquatics&Fitness Admin 139554 209 EDEN PRAIRIE ROTARY CLUB Dues&Subscriptions City Council 139555 12,319 ELK RIVER FORD Autos Police 139556 75 FLEENER,GRETCHEN Instructor Service Special Events&Trips 139557 5 FORSLINE,AMY Program Fee Outdoor Center 139558 134 G&K SERVICES-MPLS INDUSTRIAL Other Rentals Park Maintenance 139559 100 HALLENBERG,EDWARD G Refunds Environmental Education 139560 200 HENNEPIN COUNTY PUBLIC RECORDS Operating Supplies Engineering 139561 209 HUEBSCH Ed Center-Contr.Svcs City Ctr-Tenant Direct Costs 139562 272 IMATION IMAX THEATRE Special Event Fees Teen Programs 139563 101 KEATING,MARY Operating Supplies Housing,Trans,&Human Sery 139564 10 KIMITCH,MIKE Program Fee Outdoor Center 139565 100 KRAUSE,BERNIE Refunds Environmental Education 139566 205 LAW ENFORCMENT TARGETS INC Training Supplies Police 139567 317 MENARDS Equipment Parts Fleet Services 139568 28 MERLINS ACE HARDWARE Supplies-General Bldg Community Center Maintenance 139569 9 MILAVSKY,SOFIYA Program Fee Classes/Programs/Events 139570 1,620 MINNESOTA BD OF PEACE OFFICER Licenses&Taxes Police 139571 100 MOBARRY,KEITH Refunds Environmental Education 139572 20 MORAN,JACK Operating Supplies Girls on the Run 139573 78 NORTHERN TOOL Operating Supplies Park Maintenance 139574 59 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Services 139575 2,074 ROHN INDUSTRIES INC Cleaning Supplies City Hall-CAM 139576 278 ROOT 0 MATIC Supplies-Plumbing Senior Center 139577 100 SCHWARTZ,GREG Refunds Environmental Education 139578 100 SHAH,MONA AND SACHIN Refunds Environmental Education 139579 76,885 SM HENTGES&SONS INC Improvement Contracts Improvement Projects 1996 139580 100 SORENSEN,AMY Refunds Environmental Education 139581 6,000 SOUTHWEST CORRIDOR TRANSPORTAT Dues&Subscriptions City Council 139582 75 TOLLEFSON,REBECCA Lessons&Classes Girls on the Run 139583 222 UNLIMITED SUPPLIES INC Operating Supplies Park Maintenance Check# Amount Vendor/Explanation Account Description Business Unit 139584 151 VIKING ELECTRIC SUPPLY Equipment Repair&Maint Traffic Signals 139585 102 WATER SPECIALTY OF MN INC Chemicals Pool Maintenance 139586 451 WATSON CO INC,THE Merchandise for Resale Concessions 139587 93 WHITE,NICOLE Mileage&Parking Therapeutic Rec Administration 139588 200 WORKIN,LEON AND BETH Refunds Environmental Education 139589 120 BCA/TRAINING&DEVELOPMENT Tuition Reimbursement/School Police 139590 315 BLR INC Training Supplies Water Utility-General 139591 294 BURDGE,DAVID Deposits Escrow 139592 200 BURTIS,ROBERT Other Contracted Services Pool Special Events 139593 1,427 DE LAGE LANDEN FINANCIAL SERVI Other Rentals General 139594 527 ENGINEERING REPRO SYSTEMS Equipment Repair&Maint Engineering 139595 568 EXCELSIOR,CITY OF Other Contracted Services WAFTA 139596 113 GE CAPITAL Other Rentals General 139597 389 GENERAL GROWTH PROPERTIES LP-E Building Rental CDBG Fund 139601 378 GOPHER STATE ONE-CALL INC Other Contracted Services Water System Maintenance 139602 100 KATERS,LINDA FAY Other Contracted Services Cummins House Special Events 139603 50 KUEHL,SARAH Facility Rentals Community Center Admin 139604 587 LANZI,BOB Mileage&Parking Community Center Admin 139605 81 MENARDS Operating Supplies Park Maintenance 139606 548 METRO SALES INCORPORATED* Other Rentals General 139607 66 MILIO'S SANDWICHES Operating Supplies Fire 139608 4,747 NILSSEN,BETH Instructor Service Ice Arena 139609 213 OSI BATTERIES INC Legal Fire 139610 92 PELTIER,JAMES Operating Supplies Fire 139611 3,000 POSTAGE BY PHONE RESERVE ACCOU Postage General 139612 8,427 PRAIRIE PARTNERS SIX LLP Building Rental Prairie Village Liquor Store 139613 7,432 PRAIRIEVIEW RETAIL LLC Building Rental Prairie View Liquor Store 139614 199 SKILLPATH SEMINARS Tuition Reimbursement/School Police 139615 1,000 UNCOMMON GATHERINGS Other Contracted Services Winter Theatre 139616 144 VERIZON WIRELESS BELLEVUE Postage Street Maintenance 139617 195 XCEL ENERGY Electric Den Road Liquor Store 139618 164 YIPA Tuition Reimbursement/School Police 139619 47 ACE ICE COMPANY Misc Non-Taxable Den Road Liquor Store 139620 129 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Den Road Liquor Store 139621 102 ARCTIC GLACIER INC Misc Non-Taxable Prairie Village Liquor Store 139623 10,792 DAY DISTRIBUTING Beer Prairie Village Liquor Store 139624 4,557 EAGLE WINE COMPANY Wine Imported Prairie View Liquor Store 139625 11,000 EAST SIDE BEVERAGE COMPANY Beer Prairie Village Liquor Store 139626 1,133 GRAPE BEGINNINGS Wine Domestic Den Road Liquor Store 139627 9,053 GRIGGS COOPER&CO Liquor Prairie Village Liquor Store 139629 25,516 JOHNSON BROTHERS LIQUOR CO Wine Imported Prairie Village Liquor Store 139630 8,838 MARK VII Beer Prairie Village Liquor Store 139631 845 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store 139632 274 MORAN USA,LLC Misc Taxable Den Road Liquor Store 139633 1,464 NEW FRANCE WINE COMPANY Wine Domestic Prairie Village Liquor Store 139634 41 PACIFIC DIRECT Misc Taxable Den Road Liquor Store 139635 2,812 PAUSTIS&SONS COMPANY Wine Imported Prairie View Liquor Store 139636 11,842 PHILLIPS WINE AND SPIRITS INC Wine Domestic Prairie Village Liquor Store 139637 697 PINNACLE DISTRIBUTING Misc Taxable Prairie View Liquor Store 139638 3,591 PRIOR WINE COMPANY Wine Domestic Prairie Village Liquor Store 139639 17,730 QUALITY WINE&SPIRITS CO Wine Domestic Prairie Village Liquor Store 139640 1,034 SPECIALTY WINES AND BEVERAGES Wine Imported Prairie Village Liquor Store 139641 16,198 THORPE DISTRIBUTING Beer Prairie Village Liquor Store 139642 1,126 WINE COMPANY,THE Wine Domestic Prairie View Liquor Store 139643 659 WINE MERCHANTS INC Wine Imported Prairie Village Liquor Store 139644 6,689 BELLBOY CORPORATION Wine Imported Prairie Village Liquor Store 139645 816 DAY DISTRIBUTING Beer Prairie Village Liquor Store 139646 69 MILLS FLEET FARM Equipment Repair&Maint Park Maintenance 139647 1,170 UNIVERSITY OF MINNESOTA Other Contracted Services Human Resources 139648 72 AMES,BEVERLY Lessons&Classes Girls on the Run 139649 270 BCA-BTS Tuition Reimbursement/School Police 139650 42,004 CENTERPOINT ENERGY MARKETING I Gas Water Treatment Plant 139651 43 CHASKA COMMUNITY CENTER Special Event Fees Leisure Education Check# Amount Vendor/Explanation Account Description Business Unit 139652 178 CHOICE INC Other Contracted Services Prairie Village Liquor Store 139653 167 COMMUNITY HEALTH CHARITIES United Way Withheld General Fund 139654 419 D'AMICO AND SONS Miscellaneous City Council 139655 233 DONAHUE,MICHELLE Building Permits General Fund 139656 100 FANG,LEI Refunds Environmental Education 139657 12 FREITAS,MARIA Lessons&Classes Oak Point Lessons 139658 1,544 GAVIC,PAUL Application Fees General Fund 139659 354 HASHW,MANAL Building Permits General Fund 139660 13 HELLER,CARRIE Program Fee Cummins House Special Events 139661 199 HENNEPIN COUNTY TREASURER-TAXP Printing Assessing 139662 1,620 INTERNATIONAL UNION OF OPERATI Union Dues Withheld General Fund 139663 130 MACA Tuition Reimbursement/School Police 139664 37 MCWATERS,LORENE Dues&Subscriptions City Council 139665 182,416 MEDICA CHOICE Medical Bills Prepaid Health and Benefits 139666 206,373 METROPOLITAN COUNCIL ENVIRONME Waste Disposal Sewer Utility-General 139667 1,854 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund 139668 342 PETTY CASH Miscellaneous City Council 139669 249 PROP United Way Withheld General Fund 139670 99 PUBLICOM INC Dues&Subscriptions Water Utility-General 139671 9 QUICKSILVER EXPRESS COURIER Postage Communication Services 139672 1,481 QWEST Telephone E-911 Program 139673 16 RICHFIELD,CITY OF Autos Police 139674 200 SPARBY,SUZANNE Refunds Environmental Education 139676 15 STAR TRIBUNE Dues&Subscriptions Prairie View Liquor Store 139677 229 TIME WARNER CABLE Cable TV Fire 139678 279 UNITED WAY United Way Withheld General Fund 139679 550 VERIZON DIRECTORIES CORP Advertising Prairie View Liquor Store 139680 8 VERIZON WIRELESS BELLEVUE Pager&Cell Phone Park Maintenance 139681 1,714 VICKERMAN,THEODORE Application Fees General Fund 139682 24 WOLF CAMERA Video&Photo Supplies Communication Services 139683 22,765 XCEL ENERGY Electric Water Treatment Plant 139684 45 YOUNG,PHIL Dues&Subscriptions City Council 139687 2,670 GENUINE PARTS COMPANY Equipment Parts Fleet Services 139688 448 HENNEPIN COUNTY I/T DEPT Software Maintenance Information Technology 139689 193 HENNEPIN COUNTY PUBLIC RECORDS Other Contracted Services Engineering 139690 2,172 METRO SALES INCORPORATED* Other Rentals General 139691 3,648 RELIASTAR LIFE INSURANCE CO Disability Ins Employers Health and Benefits 139693 73 TOWN&COUNTRY CLEANERS Clothing&Uniforms Fire 139694 547 WALMART COMMUNITY Operating Supplies Police 139695 1,046 ARNOLD DDS,KATHY Workers Comp Insurance Risk Management 139696 152 EDEN PRAIRIE CHAMBER OF COMMER Dues&Subscriptions Den Road Liquor Store 139697 85 GE CAPITAL Other Rentals General 139698 336 GREATAMERICA LEASING CORP. Other Rentals General 139699 38,963 GREGERSON ROSOW JOHNSON&NILA Legal General 139700 12 HUNTER,LYNETTE Lessons&Classes Oak Point Lessons 139701 93 KRAEMERS HARDWARE INC Repair&Maint.Supplies Community Center Maintenance 139702 344 PITNEY BOWES INC Other Rentals General 139703 1,100 PROFILE EVALUATIONS INC Employment Support Test Human Resources 139704 101 PROTECTION ONE Other Contracted Services Cummins Grill 139705 179 QWEST Telephone Water Utility-General 139706 9 STAR TRIBUNE Misc Non-Taxable Den Road Liquor Store 139707 2,162 STARS BISTRO Other Contracted Services Prairie View Liquor Store 139708 144 WACONIA FARM SUPPLY Equipment Repair&Maint Park Maintenance 139709 5,812 XCEL ENERGY Electric Public Works/Parks 139710 799 A TO Z RENTAL CENTER Small Tools Tree Disease 139711 409 ADOLPHKIEFER Recreation Supplies Pool Lessons 139712 1,145 AIR POWER EQUIPMENT CORPORATIO Repair&Maint.Supplies Fire 139713 68 ALTERNATIVE BUSINESS FURNITURE Supplies-General Bldg Furniture 139714 684 AMERICAN WATER WORKS ASSOCIATI Training Supplies Water Utility-General 139715 45 AMERICANWEIGH.COM Operating Supplies Police 139716 314 AMSAN BRISSMAN-KENNEDY Supplies-General Bldg Community Center Maintenance 139717 1,024 ANCHOR PAPER COMPANY Office Supplies General 139718 2,956 ANCHOR PRINTING COMPANY Printing Communication Services Check# Amount Vendor/Explanation Account Description Business Unit 139719 122 AQUA LOGIC INC Other Contracted Services Pool Maintenance 139720 1,001 ASPEN EQUIPMENT CO. Equipment Parts Fleet Services 139721 2,090 BAKER POOLS Supplies-General Bldg Pool Maintenance 139722 1,173 BAUER BUILT TIRE AND BATTERY Tires Fleet Services 139723 5,157 BEARPATH GOLF AND COUNTRY CLUB Other Contracted Services City Manager 139724 1,999 BECKER ARENA PRODUCTS INC Supplies-General Bldg Ice Arena Maintenance 139725 62 BERRY COFFEE COMPANY Operating Supplies Senior Board 139726 737 BERTELSON OFFICE PLUS Office Supplies Water Utility-General 139727 220 BEST&FLANAGAN LLP Other Contracted Services Rehab 139728 897 BETTER BASE BALL Recreation Supplies Fall Skill Development 139729 612 BLOOMINGTON SECURITY SOLUTIONS Contract Svcs-Security Community Center Maintenance 139730 797 BLOOMINGTON,CITY OF Kennel Services Animal Control 139731 318 BLOOMINGTON,CITY OF Other Contracted Services Park Maintenance 139732 125 BOLLER,MAX A Other Contracted Services Basketball 139733 1,107 BOYER TRUCKS Equipment Repair&Maint Fleet Services 139734 383 BOYER TRUCKS SO. ST.PAUL Equipment Parts Fleet Services 139735 1,771 BRAUER AND ASSOCIATES LTD Design&Engineering Park Acquisition&Development 139736 550 BUCK,BRENT Other Contracted Services Basketball 139737 3,150 BUCK,NATHAN Other Contracted Services Volleyball 139738 772 C&H DISTRIBUTORS LLC Cleaning Supplies Water Treatment Plant 139739 2,360 CARGILL SALT Salt Snow&Ice Control 139740 435 CAWLEY COMPANY,THE Miscellaneous Communication Services 139741 2,147 CIT Conference Expense Information Technology 139742 109 CLAREYS INC Operating Supplies Den Road Liquor Store 139743 2,820 CLAUDE'S CERAMIC TILE INC Contract Svcs-General Bldg Garden Room Repairs 139744 11,400 CLOSED CIRCUIT SPECIALISTS INC Other Assets Water Treatment Plant 139745 201 COMMERCIAL SAW COMPANY Operating Supplies Park Maintenance 139746 412 COMMERCIAL STEAM TEAM Other Contracted Services Prairie View Liquor Store 139747 36 CONCRETE CUTTING&CORING INC Operating Supplies Street Maintenance 139748 745 CONNEY SAFETY PRODUCTS Safety Supplies Water Treatment Plant 139749 1,030 CONTINENTAL SAFETY EQUIPMENT Other Contracted Services Sewer System Maintenance 139750 706 CORPORATE EXPRESS Office Supplies General 139751 42 CROWN MARKING INC Office Supplies General 139752 3,751 CUTLER-MAGNER COMPANY Chemicals Water Treatment Plant 139754 9,245 CY'S UNIFORMS Clothing&Uniforms Fire 139755 288 DALCO Operating Supplies Community Center Maintenance 139756 10,941 DAVIES WATER EQUIPMENT CO Repair&Maint.Supplies Water System Maintenance 139757 993 DECORATIVE DESIGNS INC Contract Svcs-Int.Landscape City Hall-CAM 139758 705 DELEGARD TOOL CO Small Tools Fleet Services 139759 978 DIRECT SAFETY CO Safety Supplies Water Treatment Plant 139760 1,406 DIVERSE BUILDING MAINTENANCE Other Contracted Services Water Treatment Plant 139761 819 DOHERTY,SANDRA L Other Contracted Services Volleyball 139762 1,065 DUDA PLUMBING SERVICE INC Other Contracted Services Water Meter Repair 139763 1,513 DYNA SYSTEMS Equipment Parts Sewer System Maintenance 139764 4,777 EARL F ANDERSEN INC Safety Supplies Water System Maintenance 139765 33 EDEN PRAIRIE WINLECTRIC Repair&Maint. Supplies Park Maintenance 139766 1,292 EF JOHNSON Equipment Repair&Maint Wireless Communication 139767 90 EMEDCO Safety Supplies Water Treatment Plant 139768 8,051 EMERGENCY APPARATUS MAINTENANC Equipment Repair&Maint Fire 139769 1,363 ENVIRONMENTAL EQUIPMENT&SERV Equipment Parts Fleet Services 139770 2,400 EPICENTER BUSINESS LLC Printing Communication Services 139771 101 ERDAHL AERIAL PHOTOS Other Contracted Services Economic Development 139772 121 FASTENAL COMPANY Repair&Maint.Supplies Water Meter Repair 139773 52 FEDERAL SIGNAL CORPORATION Equipment Repair&Maint Fleet Services 139774 453 FERRELLGAS Motor Fuels Ice Arena Maintenance 139775 819 FISK,APRIL Other Contracted Services Volleyball 139776 1,163 FLORAN TECHNOLOGIES Cleaning Supplies Water Treatment Plant 139777 924 G&K SERVICES-MPLS INDUSTRIAL Cleaning Supplies Water Treatment Plant 139778 5,331 GENERAL REPAIR SERVICE Equipment Parts Water Treatment Plant 139779 325 GEOMATRIXCONSULTANTS INC Other Contracted Services WAFTA 139780 354 GLENROSE FLORAL AND GIFT SHOPS Deposits Escrow 139781 63 GOLDSBY,NATHANIEL Other Contracted Services Basketball 139782 161 GRAFIX SHOPPE Equipment Parts Fleet Services Check# Amount Vendor/Explanation Account Description Business Unit 139783 1,288 GRAINGER Equipment Parts Fleet Services 139784 502 GUNNAR ELECTRIC CO INC Building Repair&Maint. Miller Park 139785 519 GWS INC Operating Supplies Prairie View Liquor Store 139786 8,293 HANSEN THORP PELLINEN OLSON Design&Engineering Improvement Projects 1996 139787 6,081 HAWKINS WATER TREATMENT Chemicals Water Treatment Plant 139788 213 HAYDEN-MURPHY EQUIPMENT COMPAN Equipment Parts Fleet Services 139789 1,200 HENNEPIN COUNTY MEDICAL CENTER Tuition Reimbursement/School Police 139790 450 HENNEPIN COUNTY TREASURER-TAXP Licenses&Taxes Riley Lake 139791 63 HENRY,PAUL Other Contracted Services Volleyball 139792 441 HOLMES,JOHN CARTER Other Contracted Services Basketball 139793 1,092 HOLMES,TOM Other Contracted Services Volleyball 139794 98 HYDROLOGIC Equipment Repair&Maint Park Maintenance 139795 4,148 ICERINK SUPPLY CO Other Contracted Services Ice Arena Maintenance 139796 5,045 IND SCHOOL DIST 272 Other Contracted Services Oak Point Operations 139797 72 INITIALLY YOURS MONOGRAMMING Miscellaneous Communication Services 139798 226 INSIGHT PUBLIC SECTOR Miscellaneous Information Technology 139799 620 INTEREUM INC Capital Under$2,000 Furniture 139800 1,731 INTOXIMETERS Capital Under$2,000 Liquor Compliance 139801 1,560 ITRON INC. Software Water Meter Reading 139802 1,032 JANEX INC Cleaning Supplies Community Center Maintenance 139803 320 JEFFERSON FIRE&SAFETY INC Repair&Maint.Supplies Fire 139804 888 JOHN HENRY FOSTER MINNESOTA IN Equipment Repair&Maint Water Treatment Plant 139805 147 JOYNER,DENNIS Other Contracted Services Basketball 139806 300 KUSTOM SIGNALS INC Equipment Repair&Maint Police 139807 303 LAB SAFETY SUPPLY INC Cleaning Supplies Water Treatment Plant 139808 140 LEROY JOB TRUCKING INC Other Contracted Services Animal Control 139809 656 M R SIGN Signs Traffic Signs 139810 1,277 MACQUEEN EQUIPMENT INC Equipment Parts Fleet Services 139811 341 MARSHALL&SWIFT Operating Supplies Assessing 139812 30 MAXI-PRINT INC Printing Police 139813 730 MEDIA PARTNERS CORP Training Supplies In Service Training 139814 845 MENARDS Operating Supplies Street Maintenance 139815 431 METALS JOINING LAB CO INC Repair&Maint. Supplies Water System Maintenance 139816 302 METRO FIRE Repair&Maint. Supplies Fire 139817 592 METROPOLITAN FORD Equipment Parts Fleet Services 139818 1,295 MIDWEST SIGN&SCREEN PRINTING Operating Supplies Traffic Signs 139819 1,320 MILLER DUNWIDDIE Building Capital Impr./Maint.Fund 139820 383 MINNEAPOLIS SAW INC Protective Clothing Street Maintenance 139821 211 MINNESOTA CONWAY Contract Svcs-Fire/Life/Safe Community Center Maintenance 139822 23 MINNESOTA DEPT OF HEALTH Licenses&Taxes Water Utility-General 139823 14,030 MINNESOTA PIPE AND EQUIPMENT* Repair&Maint.Supplies Water System Maintenance 139824 175 MINT CONDITION DETAILING INC Equipment Repair&Maint Fleet Services 139825 20 MN DEPT.OF LABOR AND INDUSTRY Licenses&Taxes Water Treatment Plant 139826 134 MOBILE RADIO ENGINEERING Equipment Repair&Maint Wireless Communication 139827 1,637 MTI DISTRIBUTING INC Equipment Parts Fleet Services 139828 1,125 NATIONAL WATERWORKS Repair&Maint.Supplies Water System Maintenance 139829 3,522 NATURAL REFLECTIONS VII LLC Other Contracted Services Water Treatment Plant 139830 556 NORTHERN SAFETY TECHNOLOGY INC Equipment Parts Fleet Services 139831 14 NORTHERN TOOL Equipment Repair&Maint Park Maintenance 139832 182 NUCO2 INC Chemicals Pool Maintenance 139833 37 OLD REPUBLIC NAT'L TITLE INS C Other Contracted Services Rehab 139834 220 OLSEN COMPANIES Repair&Maint.Supplies Water System Maintenance 139835 2,792 PCS TECHNOLOGIES INC Miscellaneous Information Technology 139836 383 PEPSI COLA COMPANY Merchandise for Resale Concessions 139837 11,712 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical City Center Operations 139838 136 PRINTERS SERVICE INC Other Contracted Services Ice Arena Maintenance 139839 18,564 PUSH PEDAL PULL Operating Supplies Fitness Center 139840 798 RAMOLA,ALLEN J. Other Contracted Services Basketball 139841 432 RAY,LEE Other Contracted Services Basketball 139842 434 RCM&ASSOCIATES Small Tools Fleet Services 139843 465 REBS MARKETING Other Contracted Services Water Accounting 139844 178 REED BUSINESS INFORMATION Legal Notices Publishing Street Maintenance 139845 5,431 RILEY PURGATORY BLUFF CREEK WA Other Contracted Services Storm Drainage Check# Amount Vendor/Explanation Account Description Business Unit 139846 31,644 RMR SYSTEMS INC Other Contracted Services Water Meter Reading 139847 225 RYAN,JILL Other Contracted Services Basketball 139848 126 SANTJER,JESSICA Other Contracted Services Volleyball 139849 247 SAVOIE SUPPLY CO INC Cleaning Supplies Water Treatment Plant 139850 306 SEAN JAMES ENTERPRISES INC Operating Supplies Fire 139851 98 SIGNSOURCE Supplies-General Bldg Furniture 139852 161 SNAP-ON TOOLS Small Tools Fleet Services 139853 5,381 SRF CONSULTING GROUP INC Design&Engineering Improvement Projects 1996 . 139854 770 ST JOSEPH EQUIPMENT INC Equipment Parts Fleet Services 139855 583 STEMPF AUTOMOTIVE INDUSTRIES I Equipment Parts Fleet Services 139856 707 STERLING FENCE INC Repair&Maint. Supplies Park Maintenance 139857 1,416 STEVE LUCAS PHOTOGRAPHY Operating Supplies Reserves 139858 3,722 STRATUM ONE FITNESS EQUIPMENT Other Assets Police 139859 4,230 STREICHERS Capital Under$2,000 Fleet Services 139860 121 SUBURBAN TIRE WHOLESALE INC Tires Fleet Services 139861 3,398 SUMMIT ENVIROSOLUTIONS Other Contracted Services Utility Improvement Fund 139862 1,470 SUN NEWSPAPERS Employment Advertising Human Resources 139863 165 SWEDLUNDS Waste Disposal Outdoor Center 139864 5,219 SYSTEM CONTROL SERVICES Other Contracted Services Water Treatment Plant 139865 66 TAHER INC CATERING Miscellaneous Communication Services 139866 62 TEE JAY NORTH INC Contract Svcs-General Bldg Community Center Maintenance 139867 131 TESSCO Equipment Parts Wireless Communication 139868 11,548 TKDA Other Contracted Services Utility Improvement Fund 139869 138 TOTAL REGISTER Operating Supplies Den Road Liquor Store 139870 1,470 TRANS ALARM INC Contract Svcs-Security City Hall-CAM 139871 449 TWIN CITY FILTER SERVICE INC Contract Svcs-HVAC City Hall-CAM 139872 50 TWIN CITY OXYGEN CO Operating Supplies Water System Maintenance 139873 118 UNIFORMS UNLIMITED Clothing&Uniforms Fire 139874 1,335 UNITED STATES MECHANICAL INC Supplies-Plumbing Ice Arena Maintenance 139875 934 USA BLUEBOOK Repair&Maint.Supplies Water Treatment Plant 139876 288 VAN BERGEN COMPANY INC Repair&Maint.Supplies Marketcenter Reservoir 139877 42,250 VESSCO INC Machinery&Equipment Utility Improvement Fund 139878 2,365 WALL TRENDS INC Contract Svcs-General Bldg City Hall-CAM 139879 2,479 WATER SPECIALTY OF MN INC Chemicals Pool Maintenance 139880 914 WATSON CO INC,THE Merchandise for Resale Concessions 139881 261 WEST WELD Equipment Parts Fleet Services 139882 394 WESTSIDE EQUIPMENT Equipment Repair&Maint Fleet Services 139883 315 WILLIAMS,KAARI Other Contracted Services Volleyball 139884 632 WM MUELLER AND SONS INC Sand Snow&Ice Control 139885 164 WUOLLET BAKERY INC Operating Supplies Fire 139886 10,309 YALE MECHANICAL INC Contract Svcs-HVAC City Center Operations 139887 483 ZAHN,GERALD Other Contracted Services Volleyball 139888 139 ZEE MEDICAL SERVICE Operating Supplies Pool Operations 139889 160 ZEP MANUFACTURING CO Lubricants&Additives Fleet Services 139890 83 ZIEGLER INC Equipment Parts Fleet Services 139891 92 ACE ICE COMPANY Misc Non-Taxable Den Road Liquor Store 139892 126 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Den Road Liquor Store 139893 43 ARCTIC GLACIER INC Misc Non-Taxable Prairie Village Liquor Store 139894 3,968 BELLBOY CORPORATION Operating Supplies Prairie View Liquor Store 139895 7,211 DAY DISTRIBUTING Wine Domestic Den Road Liquor Store 139896 1,003 EAGLE WINE COMPANY Wine Domestic Den Road Liquor Store 139897 10,718 EAST SIDE BEVERAGE COMPANY Beer Prairie Village Liquor Store 139898 160 EXTREME BEVERAGE Misc Taxable Den Road Liquor Store 139899 1,378 GRAPE BEGINNINGS Wine Domestic Den Road Liquor Store 139900 8,343 GRIGGS COOPER&CO Liquor Den Road Liquor Store 139901 1,218 HOHENSTEINS INC Beer Den Road Liquor Store 139903 22,486 JOHNSON BROTHERS LIQUOR CO Wine Domestic Den Road Liquor Store 139904 9,711 MARK VII Beer Den Road Liquor Store 139905 491 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store 139906 2,251 NEW FRANCE WINE COMPANY Wine Domestic Prairie Village Liquor Store 139907 2,474 PAUSTIS&SONS COMPANY Wine Imported Den Road Liquor Store 139908 27,357 PHILLIPS WINE AND SPIRITS INC Transportation Den Road Liquor Store 139909 159 PINNACLE DISTRIBUTING Misc Taxable Den Road Liquor Store Check# Amount Vendor/Explanation Account Description Business Unit 139910 568 PRIOR WINE COMPANY Wine Domestic Den Road Liquor Store 139911 12,306 QUALITY WINE&SPIRITS CO Liquor Den Road Liquor Store 139912 420 SPECIALTY WINES AND BEVERAGES Wine Domestic Prairie Village Liquor Store 139913 16,415 THORPE DISTRIBUTING Beer Den Road Liquor Store 139914 1,050 WINE COMPANY,THE Wine Imported Prairie View Liquor Store 139915 3,551 WINE MERCHANTS INC Wine Domestic Den Road Liquor Store 139916 268 WINE SOURCE INTERNATIONAL Wine Domestic Prairie Village Liquor Store 139917 1,511 WORLD CLASS WINES INC Wine Domestic Den Road Liquor Store 139918 100 BRENING,DONALD Deposits Escrow 139919 122 DEGREE,BETH Operating Supplies Aquatics&Fitness Admin 139920 50 DEMETS,JAMES Deposits Escrow 139921 1,461 GRAMBSCH,ELIZABETH Instructor Service Preschool Events 139922 23,110 GREGERSON ROSOW JOHNSON&NILA Legal Legal Criminal Procecution 139923 255 HEDRIX,MICHAEL Vacations,Admin Div General Fund 139924 50 HENNEPIN COUNTY TREASURER Operating Supplies Planning 139925 4 KIMPSTON,RICHARD Program Fee Trips 139926 20 LEAGUE OF MINNESOTA CITIES Other Contracted Services Risk Management 139927 89,292 LOGIS Network Support Information Technology 139928 311 METRO SALES INCORPORATED* Software Information Technology 139929 9 MINNESOTA DEPT OF PUBLIC SAFET Bike Registrations General Fund 139930 100 MN/SCIA Tuition Reimbursement/School Police 139931 50 MSANI Tuition Reimbursement/School Police 139932 217 NCPERS GROUP LIFE INSURANCE Life Insurance EE/ER General Fund 139933 130 NCTRC Dues&Subscriptions Parks Administration 139934 78 PETTY CASH-EPCC Operating Supplies Pool Operations 139935 235 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Services 139936 55 QWEST Telephone Forest Hills Park 139937 15 RICHFIELD,CITY OF Operating Supplies Fleet Services 139938 37 RUMFORD,JOAN Program Fee Red Hat 139939 77 SIWEK LUMBER&MILLWORK INC Building Materials Street Maintenance 139940 1,783 SORAN,MARGERET Deposits Escrow 139941 790 ST CLOUD STATE UNIVERSITY Tuition Reimbursement/School Police 139942 14 STATE OF MINNESOTA Operating Supplies Fleet Services 139943 451 TARGET CENTER Special Event Fees Preschool Events 139944 105 TWIN CITY AREA LABOR MANAGEMEN Conference Expense Engineering 139945 140 TWIN CITY ARMA Conference Expense Information Technology 139946 70 UNIVERSITY OF MINNESOTA Other Contracted Services Human Resources 139947 25 WANSHURA,JAMES Deposits Escrow 139948 119 XCEL ENERGY Electric Purgatory Creek Rec Area 139949 200 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events 139950 523 ASI JET CENTER HANGAR Deposits Escrow 139951 507 BBE PROPERTIES Deposits Perpetual Care Cemetary 139952 2,930 BURCH,JOHN Deposits Escrow 139953 45 CASE,RON Dues&Subscriptions City Council 139954 90 CINGULAR WIRELESS Pager&Cell Phone Police 139955 270 COMEDYSPORTZ Special Event Fees Leisure Education 139956 6 DZIUBAK,BECKY Lessons&Classes Oak Point Lessons 139957 330 EDEN PRAIRIE LANES Special Event Fees Special Events&Trips 139958 83 ENGELMANN,TRACEY Other Contracted Services Liquor Compliance 139959 2,000 EXPLORER POST 925 Miscellaneous Police 139960 291 FLYING CLOUD ANIMAL HOSPITAL Canine Supplies Police 139961 351 GRAND RIOS WATERPARK Special Event Fees Special Events&Trips 139962 1,255 HENNEPIN COUNTY SHERIFF'S OFFI Board of Prisoner Police 139963 921 HILLTON TOWN OFFICES Deposits Escrow 139964 1,082 HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Garden Room Repairs 139965 88 JUDLIN,JILL Operating Supplies Senior Board 139966 23 KREBSBACH,LESLIE Lessons&Classes Oak Point Lessons 139967 325 LAW ENFORCEMENT OPPORTUNITIES Other Contracted Services Police 139968 142 MAROTTA,VIC Instructor Service Summer Skill Development 139969 930 MINNESOTA CHIEFS OF POLICE ED Conference Expense Police 139970 875 MINNESOTA TRANSPORATION ALLICA Dues&Subscriptions City Council 139971 852 RELIAKOR SERVICES Other Contracted Services Park Maintenance 139972 825 RICHFIELD,CITY OF Autos Police Check# Amount Vendor/Explanation Account Description Business Unit 139973 57 RUMFORD,JOAN Mileage&Parking Senior Center Administration 139974 447 ASPEN WASTE SYSTEMS INC. Waste Disposal Water Treatment Plant 139975 100 AYER,MICKEY G Refunds Environmental Education 139976 153 BERTELSON OFFICE PLUS Office Supplies Water Utility-General 139977 226 CENTERPOINT ENEGY Gas Crestwood Park 139978 175 CHOICE INC Other Contracted Services Prairie Village Liquor Store 139979 50 DAVEY,TALITHA Refunds Environmental Education 139980 34 DISH NETWORK Cable TV Ice Arena 139981 136 EARL F ANDERSEN INC Operating Supplies Park Maintenance 139982 144 EDEN PRAIRIE WINLECTRIC Repair&Maint.Supplies Park Maintenance 139983 358 ESBENSEN,GEORGE Operating Supplies Fire 139984 61 J H LARSON COMPANY Supplies-Electrical - Fire Station#5 139985 208 LEMPESIS,BILL Mileage&Parking Prairie View Liquor Store 139986 16 MERLINS ACE HARDWARE Supplies-General Bldg Community Center Maintenance 139987 1,238 MUSIC THEATRE INTERNATIONAL Operating Supplies Arts Initiative 139988 19 NICK JR MAGAZINE Dues&Subscriptions Youth Programs Administration 139989 467 OFFICE DEPOT CREDIT PLAN Capital Under$2,000 Furniture 139990 22 PACK 0 FUN Dues&Subscriptions Youth Programs Administration 139991 3,059 PARROTT CONTRACTING INC Other Contracted Services Water System Maintenance 139992 50 PRODAEHL,GERALD F Refunds Environmental Education 139993 330 QWEST Telephone Sewer Liftstation 139994 2,742 RICMAR INDUSTRIES Supplies-Snow Removal City Hall-CAM 139995 263 SPRINT Computers Information Technology 139996 236 STAR TRIBUNE Advertising Summer Theatre 139997 100 STYPULA,MAREE Refunds Environmental Education 139998 1,800 SUBURBAN RATE AUTHORITY Dues&Subscriptions City Council 139999 1,050 TOTAL REGISTER Equipment Repair&Maint Prairie Village Liquor Store 140000 241 VERIZON WIRELESS BELLEVUE Pager&Cell Phone Police 140001 1,823 WILKUS ARCHITECTS INC Other Contracted Services Capital Impr./Maint.Fund 140002 101 ACE ICE COMPANY Misc Non-Taxable Prairie View Liquor Store 140003 453 AMERIPRIDE LINEN&APPAREL SER Repair&Maint. Supplies Den Road Liquor Store 140004 68 ARCTIC GLACIER INC Misc Non-Taxable Prairie Village Liquor Store 140005 4,375 BELLBOY CORPORATION Operating Supplies Prairie Village Liquor Store 140006 6,965 DAY DISTRIBUTING Beer Prairie Village Liquor Store 140007 4,151 EAGLE WINE COMPANY Wine Domestic Prairie Village Liquor Store 140008 8,058 EAST SIDE BEVERAGE COMPANY Beer Prairie View Liquor Store 140009 331 GETTMAN COMPANY Misc Taxable Prairie Village Liquor Store 140010 3,364 GRAND PERE WINES INC Wine Domestic Prairie Village Liquor Store 140011 781 GRAPE BEGINNINGS Wine Domestic Den Road Liquor Store 140012 15,052 GRIGGS COOPER&CO Liquor Prairie Village Liquor Store 140014 18,473 JOHNSON BROTHERS LIQUOR CO Liquor Prairie Village Liquor Store 140015 6,503 MARK VII Beer Prairie View Liquor Store 140016 888 MIDWEST COCA COLA BOTTLING COM Misc Taxable Prairie Village Liquor Store 140017 27 MORAN USA,LLC Beer Den Road Liquor Store 140018 325 NEW FRANCE WINE COMPANY Wine Imported Den Road Liquor Store 140019 4,186 PAUSTIS&SONS COMPANY Wine Imported Prairie Village Liquor Store 140020 6,094 PHILLIPS WINE AND SPIRITS INC Transportation Den Road Liquor Store 140021 603 PINNACLE DISTRIBUTING Misc Taxable Prairie Village Liquor Store 140022 3,314 PRIOR WINE COMPANY Liquor Den Road Liquor Store 140023 13,562 QUALITY WINE&SPIRITS CO Wine Domestic Prairie Village Liquor Store 140024 598 SPECIALTY WINES AND BEVERAGES Liquor Den Road Liquor Store 140025 9,069 THORPE DISTRIBUTING Beer Prairie Village Liquor Store 140026 1,814 WINE COMPANY,THE Wine Domestic Prairie View Liquor Store 140027 3,744 WINE MERCHANTS INC Wine Domestic Prairie Village Liquor Store 140028 292 WINE SOURCE INTERNATIONAL Wine Domestic Prairie Village Liquor Store 140029 970 WORLD CLASS WINES INC Wine Domestic Den Road Liquor Store 140030 335 LAKEHILL CONSTRUCTION Building Permits General Fund 140031 47 ANOKA-RAMSEY FARM&GARDEN Operating Supplies Fire 140032 143 ASPEN WASTE SYSTEMS INC. Waste Disposal Den Road Liquor Store 140033 2,348 BEST BUY Operating Supplies Fire 140034 913 BIFFS INC Waste Disposal Park Maintenance 140035 61 DE LAGE LANDEN FINANCIAL SERVI Other Rentals General 140036 180 FIRE INSTRUCTORS ASSN OF MN Dues&Subscriptions Fire Check# Amount Vendor/Explanation Account Description Business Unit 140037 3,163 JANEX INC Operating Supplies City Hall-CAM 140038 4,133 KMC TELECOM Telephone Telephone 140039 63,484 LEAGUE MN CITIES INS TRUST Insurance Risk Management 140040 74,790 LEAGUE OF MINNESOTA CITIES Workers Comp Insurance Risk Management 140041 923 METRO SALES INCORPORATED* Other Rentals General 140042 35 MFAPC Dues&Subscriptions Fire 140043 50 MINNESOTA CHAPTER IAAI-J SCHAD Dues&Subscriptions Fire 140044 210 MINNESOTA STATE FIRE RESCUE SC Tuition Reimbursement/School Fire 140045 305 MN STATE COLLEGES&UNIVERSITI Office Supplies Fire 140046 189 MOORE MEDICAL CORP Safety Supplies Fire 140047 46 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Services 140048 127,293 SJ LOUIS CONSTRUCTION INC Improvement Contracts Improvement Projects 1996 140049 90 UNIVERSITY OF MINNESOTA Conference Expense Engineering 140050 269 US POSTMASTER-HOPKINS Postage Outdoor Center 140051 2,946 XCEL ENERGY Electric Sewer Liftstation 140052 784 AMERICAN PRESSURE INC Equipment Repair&Maint Sewer Utility-General 140053 295 AMERICAN WATER WORKS ASSOCIATI Training Supplies Water Utility-General 140054 16,693 BENIEK PROPERTY SERVICES INC. Contract Svcs-Snow Removal City Hall-CAM 140055 226 BERTELSON OFFICE PLUS Office Supplies Water Utility-General 140056 72 BLACK&DECKER,USPTG Repair&Maint.Supplies Water System Maintenance 140057 174 BLOOMINGTON SECURITY SOLUTIONS Contract Svcs-Security Fire Station#2 140058 33 BOYER TRUCKS Equipment Parts Fleet Services 140059 107 BOYER TRUCKS SO. ST.PAUL Equipment Parts Fleet Services 140060 68 C B TOOLS&SUPPLY INC Equipment Repair&Maint Park Maintenance 140061 64 CARLSON JPM STORE FIXTURES Supplies-General Bldg Community Center Maintenance 140062 378 CLAREYS INC Operating Supplies Traffic Signals 140063 3,194 CONTROL SERVICES OF MINNESOTA, Contract Svcs-HVAC City Hall-CAM 140064 2,100 CORPORATE EXPRESS Office Supplies General 140065 467 CROWN PLASTICS INC Equipment Repair&Maint Park Maintenance 140066 1,931 CUTLER-MAGNER COMPANY Chemicals Water Treatment Plant 140067 575 CWH RESEARCH INC. Employment Support Test Human Resources 140068 447 CY'S UNIFORMS Clothing&Uniforms Police 140069 944 DECORATIVE DESIGNS INC Contract Svcs-Int.Landscape City Center Operations 140070 45 DELEGARD TOOL CO Small Tools Fleet Services 140071 1,429 DELL Other Hardware Information Technology 140072 25,349 DIVERSE BUILDING MAINTENANCE Other Contracted Services Water Treatment Plant 140073 1,680 DLT SOLUTIONS INC. Software Information Technology 140074 31,866 DMJ CORPORATION Improvement Contracts Construction Fund 140075 251 EAGLE DRY GOODS Miscellaneous Communication Services 140076 302 EARL F ANDERSEN INC Signs Traffic Signs 140077 84 ECOLAB INC Contract Svcs-Pest Control Water Treatment Plant 140078 50 EDEN PRAIRIE CHAMBER OF COMMER Miscellaneous Planning 140079 415 EDEN PRAIRIE WINLECTRIC Equipment Repair&Maint Traffic Signals 140080 383 ELECTRICAL MECHANICAL SERVICES Contract Svcs-Pest Control Water Treatment Plant 140081 319 ENERGY MANAGEMENT INC Supplies-HVAC City Hall-CAM 140082 530 FACTORY MOTOR PARTS COMPANY Equipment Parts Fleet Services 140083 162 FERRELLGAS Motor Fuels Ice Arena Maintenance 140084 7,327 FLANAGAN SALES,INC. Building Park Acquisition&Development 140085 298 FRIENDSHIP VENTURES Special Event Fees Classes/Programs/Events 140086 500 G&K SERVICES-MPLS INDUSTRIAL Cleaning Supplies Water Treatment Plant 140087 793 GCS SERVICE INC Contract Svcs-Garden Romm Garden Room Repairs 140088 8,000 GILBERT MECHANICAL Miscellaneous Information Technology 140089 33 GINA MARIAS INC Operating Supplies Fire 140090 152 GOLDEN VALLEY SUPPLY CO Supplies-General Bldg City Hall-CAM 140091 427 GRAINGER Equipment Parts Fleet Services 140092 15,279 HARTLAND FUEL PRODUCTS LLC Motor Fuels Fleet Services 140093 3,775 HAWKINS WATER TREATMENT Chemicals Water Treatment Plant 140094 1,200 HENNEPIN TECHNICAL COLLEGE Employment Support Test Fire 140095 132 ICI DULUX PAINT CTRS Repair&Maint.Supplies Park Maintenance 140096 5,135 IND SCHOOL DIST 272 Other Contracted Services Oak Point Operations 140097 1,887 INSIGHT PUBLIC SECTOR Miscellaneous Information Technology 140098 7,507 INTEREUM INC Capital Under$2,000 Furniture 140099 2,700 JANEX INC Cleaning Supplies Water Treatment Plant Check# Amount Vendor/Explanation Account Description Business Unit 140100 182 KESLER DECKS AND HOMES REPAIRS Other Contracted Services Water Meter Repair 140101 1,090 KUSTOM SIGNALS INC Equipment Repair&Maint Police 140102 133 LAB SAFETY SUPPLY INC Protective Clothing Water System Maintenance 140103 160 LAKE COUNTRY DOOR Contract Svcs-General Bldg Public Works/Parks 140104 9,536 LAKEWOODS REMODELING INC Other Contracted Services Rehab 140105 658 LANO EQUIPMENT INC Equipment Parts Fleet Services 140106 959 LEE WAYNE CORP Miscellaneous Communication Services 140107 1,051 LIFE SAFETY SYSTEMS Contract Svcs-Fire/Life/Safe Public Works/Parks 140108 993 LITTLE FALLS MACHINE INC Equipment Parts Fleet Services 140109 144 MARKS EDEN PRAIRIE BP Equipment Repair&Maint Police 140110 48 MAXI-PRINT INC Printing Police 140111 720 McFARLAND CONSTRUCTION COMPANY Contract Svcs-General Bldg Fire Station#2 140112 594 MENARDS Operating Supplies Street Maintenance 140113 179 METROPOLITAN FORD Equipment Repair&Maint Fleet Services 140114 74 MINN ST ADMIN ITG TELECOM SERV Software and Hardware Information Technology 140115 597 MINNESOTA CONWAY Operating Supplies Emergency Preparedness 140116 5 MINNESOTA PREVENTION RESOURCE Operating Supplies Police 140117 79 MINNESOTA TROPHIES&GIFTS Operating Supplies Fire 140118 120 MOTION INDUSTRIES INC. Equipment Parts Fleet Services 140119 801 MTI DISTRIBUTING INC Equipment Parts Fleet Services 140120 1,149 NATIONAL WATERWORKS Repair&Maint.Supplies Water Treatment Plant 140121 36 NEXT DAY GOURMET Operating Supplies Classes/Programs/Events 140122 2,046 NORTHERN SAFETY TECHNOLOGY INC Equipment Parts Fleet Services 140123 47 NORTHERN TOOL Equipment Repair&Maint Park Maintenance 140124 179 OEDES Equipment Parts Fleet Services 140125 607 OSI BATTERIES INC Repair&Maint.Supplies Water Utility-General 140126 22,485 PBBS EQUIPMENT CORP Machinery&Equipment Capital Impr./Maint.Fund 140127 4,615 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical Garden Room Repairs 140128 180 PRAIRIE LAWN AND GARDEN Equipment Repair&Maint Park Maintenance 140129 4,126 QUALITY FLOW SYSTEMS INC Equipment Parts Sewer Liftstation 140130 2,107 QWEST INTERPRISE AMERICA INC Miscellaneous Information Technology 140131 15 R&H THEATRICALS Operating Supplies Arts Initiative 140132 50 RIGID HITCH INCORPORATED Equipment Parts Fleet Services 140133 330 ROCHESTER MIDLAND CORPORATION Contract Svcs-General Bldg Community Center Maintenance 140134 350 ROYAL TIRE INC Equipment Repair&Maint Fleet Services 140135 348 RUFFRIDGE JOHNSON EQUIPMENT CO Equipment Parts Fleet Services 140136 208 S&S WORLDWIDE Recreation Supplies Pool Lessons 140137 3,945 SHORT ELLIOTT HENDRICKSON INC Other Contracted Services Fire Station#4 140138 136 SIWEK LUMBER&MILLWORK INC Equipment Parts Fleet Services 140139 22 SNAP-ON TOOLS Small Tools Fleet Services 140140 447 SOFTWARE HOUSE INTERNATIONAL I Software Information Technology 140141 390 SOUTH CENTRAL TECHNICAL COLLEG Tuition Reimbursement/School Fire 140142 357 SPS COMPANIES Repair&Maint.Supplies Water System Maintenance 140143 28,923 SRF CONSULTING GROUP INC Other Contracted Services Economic Development Fund 140144 2 ST JOSEPH EQUIPMENT INC Equipment Parts Fleet Services 140147 12,403 STREICHERS Clothing&Uniforms Police 140148 106 SUBURBAN CHEVROLET Equipment Parts Fleet Services 140149 369 SUN NEWSPAPERS Employment Advertising Human Resources 140150 85 TWIN CITY OXYGEN CO Equipment Testing/Cert. Fleet Services 140151 102 UNIFORMS UNLIMITED Clothing&Uniforms Reserves 140152 76 UNLIMITED SUPPLIES INC Operating Supplies Traffic Signs 140153 8,946 US FOODSERVICE Supplies-Garden Room Garden Room Repairs 140154 2,966 VESSCO INC Machinery&Equipment Water Treatment Plant 140155 405 VIC'S CRANE&HEAVY HAUL INC Operating Supplies Emergency Preparedness 140156 1,448 WHEELER HARDWARE COMPANY Contract Svcs-General Bldg Community Center Maintenance 5,335,292 Grand Total City of Eden Prairie Council Check Summary 4/12/2005 Division Amount General 61,129 100 City Manager 5,165 101 Legislative 9,530 102 Legal Counsel 38,284 104 Contingency 1,768 110 City Clerk 575 111 Customer Service 35,050 112 Human Resources 4,390 113 Communication Services 7,300 114 Benefits&Training 809 115 Risk Management 139,525 116 Facilities 88,289 117 City Center 82,914 130 Assessing 6,040 131 Finance 115 132 Social Services 106 133 Community Developmem -499 135 Information Technology 96,857 136 Wireless Communication 5,083 137 Economic Development 143 150 Park Administration 130 151 Park Maintenance 15,492 153 Athletic Programs 9,658 154 Community Center 30,912 156 Youth Programs 4,210 158 Senior Center 1,232 159 Recreation Administration 450 160 Therapeutic Recreation 813 161 Oak Point Pool 10,860 162 Arts 3,020 163 Outdoor Center 886 164 Park Rental Facilities 127 180 Police 44,182 183 Civil Defense 1,002 184 Fire 16,715 185 Animal Control 1,856 200 Engineering 1,149 201 Street Maintenance 9,899 202 Street Lighting 1,298 203 Fleet Services 40,801 204 Equipment Revolving 13,160 301 CDBG 10,220 304 Senior Board 168 308 E-911 1,481 314 Liquor Compliance 1,813 315 Economic Development 28,923 316 WAFTA 893 406 Water/Sewer Refunding 1978 1,232 416 Certificate Debt Fund 185,939 425 Bldg Refunding Bonds 2004 192,230 502 Park Development 9,098 503 Utility Improvement 66,585 506 Improvment Bonds 1996 229,525 509 CIP Fund 25,670 511 Construction Fund 32,193 515 Fire Station#4 1,953,963 601 Prairie Village Liquor 212,057 602 Den Road Liquor 308,811 603 Prairie View Liquor 186,793 605 Den Road Building 1,452 701 Water Fund 185,468 702 Sewer Fund 225,007 703 Storm Drainage Fund 10,176 801 Perpetual Care Cemetary 3,200 803 Escrow Fund 9,174 807 Benefits Fund 662,792 Report Totals 5,335,292 CITY COUNCIL AGENDA DATE: SECTION: Petitions and Requests April 12, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Sandy Werts, Request Approval of Eden Prairie XI.A. Recreation Coordinator, Community Theater Sponsorship Arts& Special Events Benefits Package Parks&Recreation Requested Action Move to: Approve the Sponsorship Benefits package established by the Eden Prairie Community Theater. Synopsis The Community Theater, which is a program of the Parks and Recreation Department, is inviting community businesses to sponsor a night at the summer musical, which will be The Pajama Game this year. The performance dates are June 17, 18, 19, 24, 25 and 26. For givers of$1,000 or more we would like to offer a benefit package that would include the following: • Free use of the Staring Lake Park building from 4 to 10 p.m. for a pre- and post-musical get- together. • Reserving two row of seating—for up to 40 people at the amphitheater • Reserved parking for 20 cars. Since this is a public park, staff did not feel we could give these items away without approval from the City Council. Background The Pajama Game is the fourteenth musical to be performed at the amphitheater. The city underwrites the cost of the musical, and tries to recoup the costs through free-will donations at the performance, and through sponsors and advertising in the program. There has not been a formal sponsorship package offered in the past. The musicals are very popular and draw an audience of 500 to 1,000 each of the six nights, depending on the weather and the show. There is no cost to attend the shows. Parking is limited at the site and people are directed to park at the Flying Cloud Fields and the lower lot at Staring Lake. These two factors, the large audience and the limited on-site parking, make the benefits of a $1,000 sponsorship more attractive to potential donors. The Staring Lake Park building is not reserved for the public on performance dates because of the limited parking. Attachment Eden Prairie Players Inaugural Fundraising Drive Flyer Announcing The Eden Prairie Players Inaugural Fundraising Drive ABOUT THE EDEN PRAIRIE PLAYERS Celebrating their 14th season,The Eden Prairie Players(EPP)is a volunteer,community based theater sponsored by the City of Eden Prairie. Best known for the annual summer musical held at the Starring Lake Amphitheater during June, EPP also produces shows throughout the year at a variety of venues throughout the city. New in 2005 is a theater camp and corresponding children's production to be held during July and August at the newly renovated Riley-Jacques Barn. Help us maintain our current programs as well as our planned expansion throughout Eden Prairie by becoming a charter sponsor of The Eden Prairie Players** SPONSORSHIP OPPORTUNITIES How will money being raised be used? Ticket sales and free will donations pay for only a part of the necessary funding requirements for each production. Contributions are used to pay for such things as sets, props,equipment rental and purchases, publicity, royalties and freelance technical personnel. Are contributions tax-deductible? Sponsorship contributions ARE tax deductible. Consult your tax advisor for details. How can I help? Consider helping by becoming a member of EPP at one of the following sponsorship levels: Sponsorship Opportunity Levels Audition $25—49 Star $250—499 Callback $50—99 Director $500—999 Chorus $100—249 Producer $1000+ One Producer sponsorship is available for each of the six performances held during the summer at the Staring Lake Amphitheatre. Benefits include use of the Staring Lake Park building the evening of the performance,preferred seating for up to 40 people,and preferred parking for up to 20 cars.Sponsors are allowed signage at the event and will be mentioned in all publicity regarding that specific performance. Please contact Reed Schulke at r-schulke a(7.mn.rr.com about this sponsorship opportunity. All sponsors are recognized in the programs of all productions throughout the entire season. **Make a commitment by August 31,2005 and receive special mention as a charter sponsor of EPP. This notation will remain in place in subsequent years based on continued participation. ADVERTISING OPPORTUNITIES Program advertising rates for EPP summer performances at Staring Lake Amphitheatre—Deadline June 1,2005. Make no payment now,someone from EPP will contact you to arrange advertising. 1/8 Page 1/4 Page 1/2 Page Full Page Program Advertising and Approx.Size 2 3/4"x 2 ice" 2 3/4"x 4 1/4" 5112"x 4 1/4" 5 112"x 8 112" Discounted Rates Regular Cost $35 $60 $100 $160 Sponsor Level Discount% Discounted Prices Audition 20% $28 $48 $80 $128 Callback 30% $24 $42 $70 $112 Chorus 40% $21 $36 $60 $96 Star 50% $17 $30 $50 $80 Director 60% $14 $24 $40 $64 Producer 70% $10 $18 $30 $48 Count us in! Yes,we are interested in becoming a sponsor or advertiser for the Eden Prairie Players. ''+ , , ! ;t Contact Name EDEN Company(if applicable) Address PRAIRIE Phone Email Interest: ❑Corporate ❑ Individual Advertising Interest: ❑ 1/8 Page ❑ 1/4 Page ❑ 1/2 Page ❑Full Page Make no payment now; an EPP representative will contact you. Sponsor Level: ❑Audition ❑Callback ❑Chorus ❑Star ❑ Director ❑ Producer ❑Contact me about the Producer sponsorship Contribution Amount$ Will you require a receipt for tax purposes? ❑Yes ❑No How should your sponsor listing in the programs read? Example: Mr. &Mrs. John Smith John&Sarah Smith Acme Corporation Make checks payable to the City of Eden Prairie Mail check and completed form to: EPP Sponsorship Attention: Sandy Wefts City of Eden Prairie 8080 Mitchell Road Eden Prairie MN 55344 For further information please contact Reed Schulke EPP Fundraising Chairman at: r-schulkeamn.rr.com or 952-949-2021 CITY COUNCIL AGENDA DATE: SECTION: Report of the Parks and Recreation Director April 12, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Robert A. Lambert,Director Referendum Considerations XIV.D.1. Parks &Recreation Requested Action COMMUNITY CENTER IMPROVEMENTS AND REVENUE BOND OPTIONS Move to: Approve the concept for Community Center improvements that would be funded by a referendum and to further evaluate the feasibility of funding several components with revenue bonds or a combination of revenue bonds and donations, including: 1. The third rink addition 2. An outdoor fun pool 3. An indoor play area POOL OPTIONS Move to: Approve consideration of Option B as the preferred option for providing for swimming pool improvements, and furthermore that this option be considered as a separate question if included on a referendum. PARK ACQUISITION AND DEVELOPMENT Move to: Authorize staff to contact representatives of the School District to review options to be considered at Forest Hills Park and Prairie View Park and to send notices to residents within the service areas of Forest Hills Park, Edenvale Park and Prairie View Park to obtain input from neighborhoods regarding proposed changes to those neighborhood parks prior to making any decisions on park acquisition and improvements for a referendum. And furthermore to contact the property owners for the proposed expansion of Prairie View Park and Birch Island Woods to discuss the feasibility of obtain options on those parcels in order to confirm acquisition costs prior to a referendum. TRAIL IMPROVEMENTS Move to: Accept the recommendation of the Parks, Recreation and Natural Resources Commission to consider as either a separate question or part of the park acquisition and development question$2,000,000 toward the completion of the city trail system. Referendum Considerations April 12, 2005 Page 2 Synopsis At the joint meetingof the Commission and the CityCouncil the CityCounc il requested additional q information prior to making any decisions on a referendum. The City Council specifically wanted a list of all of the proposed projects that are being considered for at least the next five years and the estimated construction costs, as well as the estimated additional operating costs for any of those improvements. Attached to this memorandum is information relating to proposed Community Center improvements, recommended funding sources for consideration and comments on estimated increases in operational costs, if any. Also attached to this memorandum is a list of proposed park acquisition and park improvement projects that should be considered that would be difficult to include in the park dedication fund capital improvement program. At the April 4 meeting the Parks, Recreation and Natural Resources Commission also recommended the City Council consider providing some additional funds within the referendum for making improvements to existing parks and requested City staff to provide a list of potential park improvements throughout the park system that could be considered for this funding source. A separate memorandum addresses recommendations for 2005 trails projects that also includes a list of other trails projects that should be addressed in the next five to ten year period. Upon review of the information in this memorandum, the memorandum relating to trails needs, and the five year CIP, the City Council should have a good idea of what projects need to be addressed within the next five to ten year period and what projects could be funded by park dedication fees, general fund, revenue bonds, and donations, or will rely on a referendum for funding. Background Community Center Improvements Attached to this memorandum is a chart depicting Community Center Scheme A,which is the basic improvement package, recommended by the Citizen Study Committee that would cost approximately$6,950,000 and would be funded through a referendum. Also included are additional improvements to that basic package that could be funded with revenue bonds or in the case of the third rink option, revenue bonds and a donation from the Hockey Association. Staff would recommend some additional detailed evaluation regarding design and costs relating to the play space and the outdoor fun pool and the projected amount of revenue and operational costs prior to final amounts for a revenue bond. Staff would also recommend further discussion with the Hockey Association regarding the concept for the outdoor rink,what they would be willing to pay in terms of ice rental for this type of facility and the number of hours they would purchase in order to determine the amount of revenue bonds that could be sold. This number needs to be determined prior to evaluating how much of a cash donation the Hockey Association would need to make in order for this to be a feasible option at no cost to the taxpayers. Referendum Considerations April 12, 2005 Page 3 The third rink is an option that would only be considered if the Winter Recreation Area proves to not be a feasible or desirable option to meet additional refrigerated ice needs. Swimming Pool Improvements As a part of the Community Center Improvement options, staff would recommend the Commission and Council consider Scheme B and Scheme C as enhanced pool options that should be discussed. If the Council believes either of these Schemes warrants a referendum question, staff would recommend a separate question that is only considered if the Community Center improvement question passes. The competitive swimming groups would prefer the 50-meter expanded pool option or Scheme C over Scheme B; however, if Scheme C is not feasible, they would prefer Scheme B over Scheme A. Staff believes that all residents that want improved swimming facilities would prefer Scheme B over Scheme A; however, the key question is whether or not all of the taxpayers are willing to pay any swimming pool improvements. Park Acquisition and Improvements The attached chart proposes four park improvement projects: Forest Hills Park, Flying Cloud Fields, Edenvale Park and Prairie View Park; and two park acquisition projects Prairie View Park and Birch Island Woods. A third park acquisition project should be discussed,but may be too much to add to the list. That project would be the acquisition of the Rosemount Park on the west end of Lake Idlewild. The park shelters at Forest Hills Park, Edenvale Park and Prairie View Park are temporary structures that need to be replaced. Prior to investing in permanent park shelters the city should evaluate whether or not these sites need to be re-graded to make the most efficient use of the land available. The neighborhoods and school staff should provide input to the city prior to making a final decision on Forest Hills and Prairie View Parks with the neighborhood also making a decision on Edenvale Park. The Flying Cloud Field Expansion is consistent with the recommendations of the Citizens Committee in 2003. Staff is recommending the Commission and Council consider including the full amount for the acquisition of Birch Island Woods, anticipating that the city may not be successful in its grant application. If the city is successful in the grant application, the additional funds can be utilized for acquisition of some of the creek valley land that will have to be acquired in the future. Forest Hills Park Attached to this memorandum is a concept plan depicting changes to Forest Hills Park. There are several reasons city staff believe it is prudent to evaluate making rather significant changes to Forest Hills Park: Referendum Considerations April 12, 2005 Page 4 1. The remote location of the park shelter has made it target for vandalism for many years. If the city is going to invest in a permanent park shelter, the city should consider moving it to a more visible and accessible location,preferably closer to the main school parking lot. 2. The School District does not like the traffic and especially the drive-thru on the back road. That road should be shortened to eliminate the drive-thru traffic from the neighborhoods to the north and west. 3. Relocating the skating facilities to the center of the park will move those lighted facilities further away from residential neighborhoods. 4. Forest Hills does not have facilities for a soccer field to accommodate their playground programs. A reconfigured baseball field with a soccer field overlaying the outfield of the baseball field would provide additional facilities for the school physical education program. 5. The existing berm of excess material has restricted the expansion of the playground program and has caused erosion concerns in the playground program; and supervision concerns from the school staff. The two level playground requires some staff to be at the top of hill and some at the bottom of the hill,which is a problem during winter months, or during wet conditions. 6. The reconfigured park plan makes more efficient use of the land available at the site. Prairie View Park Attached to this memorandum is a concept plan depicting the possibility of acquiring approximately five acres north of the existing city park land to accommodate a soccer field. Actually this land could accommodate two junior sized soccer fields, or one regulation soccer field with a great deal of landscaping screening the adjacent properties from the park. Also attached to this memorandum is the original concept plan for Prairie View School Park. This plan shows a much smaller elementary school with two junior size soccer/football fields. Since the original concept plan, the school is significantly larger than the original concept and the recreation facilities are reduced in number. The only opportunity this site has for expansion is to acquire open land available north of the existing ball fields. City staff does not know whether or not this land is for sale at this point; however, staff would recommend discussing this option with the current property owners and at least requesting an option on the property to accommodate this expansion at some time in the future. Referendum Considerations April 12, 2005 Page 5 Edenvale Park Edenvale Park is another park that changed significantly when the city decided to install a well house north of the ballfield. The playground and well house has become more of the main access than the current warming house and `temporary parking lot' at that location. If the city is going to construct a permanent park shelter to serve this neighborhood, city staff would recommend reevaluating how that land is used. The attached concept plan would propose moving the skating facilities and warming house/park shelter to the north end of the park and changing the use of the open space to the south to accommodate a regulation soccer field, rather than a softball/baseball field. The site is not wide enough to accommodate more than a 250-260 feet outfield for a softball/baseball field,where as this site will accommodate a regulation soccer field. With the advent of the lacrosse and the continued demand for more soccer/football type fields this would be a better use of the site, mainly due to its configuration,but also due to the fact that we are scrambling to find lacrosse fields. This would remove one baseball field from the city's inventory; however, if we also made the proposed improvements at Forest Hills, the Baseball Association would gain a game facility, at that location rather than the practice facility they presently have. Other Considerations The city might want to consider putting some additional money in a referendum to address some of the old playground structures that need to be replaced. Our current plan is to replace one or two a year; however, many neighborhoods are wondering why they have to wait so long for these playground replacements for an additional $300,000-$400,000 the city could move eight to ten of those replacement projects up to next year, rather than having to wait. City staff would also recommend having a"town meeting"with seniors at the Senior Center to discuss needs that they may identify and get their input on what they believe the city should be doing to better serve that age group. Attachments Community Center Improvements Chart Swimming Pool Improvement Options Chart Community Center Expansion—Cost Estimates Community Center—Scheme A lower Community Center—Scheme A upper Community Center—Scheme B lower Community Center—Scheme B upper Community Center—Scheme C lower Community Center— Scheme C upper Park Acquisition and Improvements Chart Flying Cloud Ballfield Expansion Concept Plan Referendum Considerations April 12, 2005 Page 6 Forest Hills Concept Plan Prairie View Concept Plan Prairie View Original Concept Plan Edenvale Concept Plan—Option A Edenvale Concept Plan—Option B Annual Property Tax Impact Summary Estimates Recommendation Relating to Deepening the Community Center Existing Pool Community Center Improvements Estimated Priority Community Center—Scheme A Funding Source(s) Comments Cost Range', 1 Community Center improvements(Scheme A)include: $6,950,000 Referendum These are the recommendations of the citizen's study committee to make site work demolition,expanded lobby and entrances, improvements to the Community Center that would greatly improve the use seating and team rooms,fitness center,multi-use of the existing space as well as providing a community recreation center for gymnasium,deepen the pool,rink II walk though and citizens with interest beyond skating and swimming. pool seating,walking track,pool locker room complex with family area,concessions,administration and control,architectural and engineering fees, contingency,furnishings and equipment allowance 2 Play space-Indoor play structure including $540,000 Revenue Bonds These types of facilities generate a sufficient amount of revenue to cover architectural and engineering fees and contingency the operating costs and pay off the construction costs within a five year period. 3 Third Rink option—outdoor cover refrigerated rink $2,000,000 Hockey Association Donation The facility should be constructed with footings to accommodate future Cost estimates include site work,two level enclosed and Revenue Bonds walls that could be funded through donations from the Hockey Association team rooms/training and lounge,Zamboni and and the Figure Skating Club in the future.The facility would be operated refrigeration room,covered rink area with a metal roof; for ice skating from mid-October until mid-March with a reduced fee of ice rink system(concrete floor),dasher board system, perhaps 60%-75%of the cost of`indoor'ice.This is the most efficient way architectural and engineering fees and contingency to provide the`third rink'needed by the Hockey Association and might be the only feasible way for the city to construct a third refrigerated rink at no cost to the tax payers. 4 Outdoor Fun Pool $900,000 Revenue Bonds The improvement of this type of facility to the Edina pool generated This large zero-depth pool with a variety of aquatic enough revenue to cover the construction costs and the operating costs as features would accommodate mainly non-swimmers well as putting away a sufficient amount of excess revenue to pay for other ages 7 and under and their parents.The pool would pool improvements.Obviously the addition of this wading pool to an have a large deck space to accommodate sunbathers, existing outdoor 50-meter pool is different than adding this pool to an and a food court and sand play area.Costs also include indoor pool complex;however,staff believes that with the proper design site work,landscaping,fencing,architectural and this facility can be funded through revenue bonds.Any improvements the engineering fees,contingency,furnishing and city would make to the indoor pool to make it more attractive as a equipment allowance recreational pool would significantly increase the revenue generated at this type of facility. Total $10,390,000 with$6,950,000 from the referendum. G:\Brenda\Letter&Memos\Lambert 2005\Community Center Improvements 2005 Chart.doc Updated 3/30/05 Swimming Pool Improvement Options Estimated Priority Pool Options B&C and Site Expansion Option Funding Source(s) Comments Cost Range 1 Scheme B—This option is similar to Scheme A with $3,630,000 Referendum Staff would recommend that the City Council and the Parks,Recreation and the addition of a zero depth warm water recreational Natural Resources Commission discuss if they want to pose any additional pool that would also have two water slides.Estimated pool options above and beyond what is proposed in Scheme A.If they want costs includes site work,renovation,pool enclosure, to consider Scheme B it would be a separate questions on a referendum that mechanical storage,pool and slide,architectural and could only be considered if the referendum for the Community Center engineering fees,contingency fees improvements were approved.If the Community Center improvements from Scheme A were approved at$6,950,000 plus the outdoor fun pool of Scheme A at$900,000,the play space from Scheme A at$540,000 and the outdoor rink from Scheme A at$2,000,000.The total expenditures would be$14,020,000 of which taxpayers would be responsible for$10,580,000 if they approve Scheme B option. 2 Scheme C—This option is similar to Scheme A $5,010,000 Referendum This side plan would go the farthest in meeting all of the city's swimming improvements to the Community Center plus Scheme needs in terms of competitive swimming needs and recreational swimming B with the additional warm water zero-depth warm needs.The revisions to the existing competitive pool would provide 14- recreational pool with the water slide and the expansion lanes of 25-yard swimming,plus an expanded diving well and would be of the existing 6-lanes at 25-meters to 50-meters with a able to accommodate high school swim meets at the Community Center as bulkhead to accommodate 25-yard events and well providing a 50-meter pool for swim team practices during the summer additional spectator seating.This cost estimate includes months.Staff would also recommend that if the Council wanted to consider the site work,renovation of the existing facility,pool this as an option that it we a separate question on a referendum that would building enclosure,mechanical storage,splash pool and only be considered if the vote on the Community Center improvements was water slide,expanded 6-lane 50-meter pool, approved. architectural and engineering fees,contingency fees 3 Site Expansion Master Plan—This option provides for $1,370,000 Referendum or General Fund or All of the previous recommended improvements work with relatively minor the ultimate site development which accommodates Park Dedication Fees changes to the existing parking lot and with only the loss of softball field 200 more parking spaces,orients the main entrance #5.This site expansion would provide 200 additional parking spaces and from the intersection at Valley View Road,provides would look softball fields#5 and#6 and relocate the baseball field. additional space for outdoor pool area expansion,and provides a driveway connection through Eagle Way This option could be included now or at some future time. road by relocating a baseball field with additional space for skate park and Community Center expansion.This cost estimate includes demolition,grading the drive and curb costs,utilities,lighting the parking lot, baseball field relocation,landscaping,pond allowance, architectural and engineering fees,contingency fees G:\Brenda\Letter&Memos\Lambert 2005\Swimming Pool Improvement Options 2005 Chart.doc Updated 3/30/05 EDEN PRAIRIE COMMUNITY CENTER DELANO ERICKSON ARCHITECTS EXPANSION /1 'ntt� Architect's Report and Cost Estimate for C i i J Li Options ` 10700 HIGHWAY SS,SUITE PLYHOUfH.MN 5544411 Commission No.0502 (763)5448370 March 28,2005 To determine appropriate referendum questions,we have studied three basic building options with subdivisions within each to provide various alternatives for the Council to consider. Additionally,we haveti analyzedtrite site option of greatly expanded parking,S'reea♦relocation,access route and relocation of baseball field to maximize site accommodation of present as well as future needs of Community Center. The foregoing are illustrated in drawings,labeled Scheme A,Upper and Lower Levels;Scheme B,Upper and Lower Levels; Scheme C, tipper and Lower Levels;and Site Expansion Master Plan. Each of the Schemes and their components have the following cost estimate breakdowns: Scheme A: This option includes a minimum Community Center improvement plus options of an outdoor fun pool,child play space,outdoor covered ice rink and site work. Community Center(G.O.Bond) $6,950,000 General Conditions $ 400,000 Site Work 195,000 Demolition and Structural Frame Allowance 140,000 Remodeled Space 490,000 Expanded Lobby and Entrances 680,000 Arena Seating and Team Rooms 375,000 Fitness Center 850,000 Multi-Use Gymnasium/Teen Center 980,000 Deepen Pool(8 lane,25 yard) 300,000 Rink II Walk-Through and Pool Seating 175,000 Walking Track 250,000 Pool Locker Room Complex with Family Area 595,000 Concessions 300,000 Administration and Control 220.000 Total Construction Cost Estimate $5,950,000 A/E Fees 400,000 Contingency 300,000 Furnishing and Equipment Allowance 300.000 Total Budget Estimate $6,950,000 Outdoor Fun Pool(Revenue Bond) $ 900,000 General Depth Pool Pack and Aquatic Features $ 500,000 575 s.f Mechanical and Storage Guard Building 60,000 Food Court 70,000 Sand Play Area 25,000 Site Work, Landscape and Fence 85.000 Total Construction Cost Estimate $ 740,000 A/E Fees 66,000 Contingency 74,000 Furnishing and Equipment Allowance 20,000 Total Budget Estimate $ 900,000 EDEN PRAIRIE COMMUNITY CENTER EXPANSION Page 2 Architect's Report and Cost Estimate for Options Commission No.0502 March 28,2005 Play Space(Revenue Bond) $ 540,000 Building Space $ 400,000 Play Structure Allowance 50,000 A/E Fees 45,000 Contingency 45,000 Total Budget Estimate $ 540,000 Outdoor Covered Rink(Hockey Association and Revenue Bond) $2,000,000 General Conditions $ 110,000 Site Work 40,000 Two Level Enclosed Team Rooms/Training and Lounge 415,000 Zamboni and Refrigeration Room 100,000 Covered Rink Area(Metal Building Roof) 325,000 Ice Rink System 585,000 Dasher Board 125.000 Total Construction Cost Estimate $1,700,000 A/E Fees 130,000 Contingency 170,000 • Total Budget Estimate $2,000,000 Grand Total Scheme A $10,390,000 Scheme B: This option is similar to Scheme A with the addition of an indoor water slide and zero depth pool connected to the existing pool complex. Pool Addition(G.O.Bond) $3,630,000 Site Work $ 180,000 Renovation 150,000 Pool Enclosure 1,800,000 Mechanical/Storage 300,000 Pool and Slide 575.000 Total Construction Cost Estimate $3,005,000 A/E Fees 300,000 Contingency 325,000 Total Budget Estimate $3,630,000 Community Center(from Scheme A) 6,950,000 Outdoor Fun Pool(from Scheme A) 900,000 Play Space(from Scheme A) 540,000 Outdoor Rink(from Scheme A) 2,000,000 Grand Total Scheme B $14.020,000 EDEN PRAIRIE COMMUNITY CENTER EXPANSION Page 3 Architect's Report and Cost Estimate for Options Commission No.0502 March 28,2005 Scheme C: This option is similar to Scheme A with the addition of an indoor water slide,zero depth pool and expansion of the existing pool to a 50 meter,6 land pool with bulkhead to accommodate 25 yard events, also incorporating spectator seating. Indoor Pool Complex(G.O.Bond) $5,010,000 Site Work $ 180,000 Renovation 180,000 Pool Building Enclosure 2,250,000 Mechanical/Storage 375,000 Water Slide/Splash Pool 575,000 Expanded 6 Lane 50 Meter Pool 630.000 Total Construction Cost Estimate $4,190,000 A/E Fees 400,000 Contingency 420,000 Total Budget Estimate $5,010,000 Community Center(from Scheme A) 6,950,000 Outdoor Fun Pool(from Scheme A) 900,0(10 Play Space(from Scheme A) 540,000 Outdoor Rink(from Scheme A) 2,000.000 Grand Total Scheme C $J 5,400,000 Site Expansion Master Plan: This option provides for an ultimate site development which accommodates 200 more parking spaces, orient main entrance from intersection at Valley View Road, relocated Valley View Road,additional space for outdoor pool area,and a driveway connection through to Eagle Way Road by relocating the baseball field with additional space for a skate park and Community Center expansion. i Site Work(G.O.Bond) $1,370,000 Demolition/Grade $ 170,000 Drive/Curb 105,000 Utilities/Lighting 150,000 Parking Lot 340,000 Baseball Field 300,000 Landscape/Pond Allowance 85,000 Total Construction Cost Estimate $1,150,000 A/E Fees 100,000 Contingency 120,000 Total Budget Estimate $1,370,000 Iy EIDET 1PR COy E : I COMMUNITY CENTER C-------‘ t „ , ` ', F1,JN P JL _�� _ PLAY SPACE 77, — ,,, # INDOOR AQUATIC PARK °C Q a: :. 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PIAI _� COSCI32=3 ~-` COMMUNITY C81TER i FUN POOL PLAY SPACE k ti el UPPB3 OUTDOOR RING :_' COVERED OUTDOOR RN aC K inp NDOOR AQUATIC PARK t;i 1 d A k , itioutomadia7,,-1 . 0 ,1 J UPPER I satin 4 15 I I LaEOY .t ! 3 LPPH FINK I ' UPPER RINK II - shcauer a il r. IIM . ;� lei; � 40=1". i gi I�rQ I I •1 5 .:� v., . till UPP POOL FITNESS " +� 1 _t , =€E $ yk ? irr- aO }rt ® 9 44, , fit '' iF1 • _ C) 1(0 . k al 7R R UPPER LEVEL FLOOR PLAN SCALE:1/5f.147 1: n Park Acquisition and Improvements Priority Park Project Description Year, Estimated Funding Source Comments Proposed Cost Range 1 Forest Hills Park Need to replace the park shelter and address 2006 $835,000 Referendum Need to meet with recreation staff,school staff,and the long-term vandalism problem,access road neighbors to determine the program for the park shelter and problems,and a large hill that causes how to address the problems that have been created due to the problems with the Forest Hills playground existing park layout.No significant additional operating costs expansion. other than utilities,cleaning and repair and maintenance of a larger park shelter. 2 Flying Cloud Need to expand west to Spring Road to 2006 $1,400,000 Referendum These facilities are necessary to accommodate the program Fields provide one additional baseball field,three growth in baseball,lacrosse,and soccer.Estimated additional regulation soccer fields,and three junior-size annual operating costs would be soccer fields. 3 Edenvale Park Need to replace the park shelter and consider 2007 $620,000 Referendum(Park Need to meet with the recreation staff and the neighbors to a more effective use of the park space. Dedication Fees determine the program for the park shelter and insure the best were not collected use of the limited park space prior to investing in the in the Edenvale permanent park building location.No significant operating PIJI)) costs other than utilities,cleaning and repair and maintenance of a larger park shelter. 4 Prairie View Park Need to replace the temporary shelter,and 2007 $1,500,000 Referendum Need to meet with the recreation staff,neighbors and the should consider acquisition of at least five school staff to discuss the program needs for the park shelter, acres of the Rogers property north of the site its design and final location,as well as need for additional to replace soccer fields that were lost when park/play space.Additional maintenance cost for an additional the school expanded. five acres of park land with one soccer field is $ per year. 5 Birch Island Woods This anticipated acquisition of the entire 2006 $860,000 Referendum Although the city is applying for grant money and the Friends 4.043 acre parcel of Birch Island Woods. of Birch Island Woods are attempting to raise money,this proposal includes funding for the entire site.The odds of the city being successful on this grant application are not good considering the limited amount of money the legislature is considering for these types of grants and the number of grant applications for that money. 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' r, roiti.*, 0,00,too'c',._ r �� , . ,, Edenvale Park . .. . aPTION A p B City Eden Prairie HiTh2Y11 mg. $Natural Resources 7300 Edenvale Boulevard t' -�- . .�-...,M At a + a < s 4 .8 - 4 a` �¢ lW `.:' 4. 'r '�n• NI' x'c.` °,"r OUTI.OF A _a r� .¢ " ."a - - } _- k �• e, : t ( 'y},4 , `,� R' gyp- <.e.k' YW t y�4$ �,�^` ��fy A� G-.., �irll , J� 3A �.W ?!� �4.- * ^ �5 lam` �,. l�. BAR b}�� ♦ y �. � 3ni � I R i^7.,.., f ,,,-:f .. 44.44iT* 4 - -,,:, ,„- ' 'zi 044' , , , try` y ° yr L t ^gam A � "� 4.xv41 :1',•::,.. ',„ `.`,' .,..0.1.' :,:„,4.4.14^4.1%, "•4,--;7-4',Itk. .i' y ,*:?4,., lr/ clitlb, '4 '1, ,.. 4 4'. , ''7'^ i it„'',--,--:-/,„ t...i;',81,,, ,':":,„,,,,',,,r'`. '.'"'AI, —,.."1".7 — ""''. 4'tk , ,,1,. 17 , 4 ..,* FIELD ;fr. ., .i .,,; '''' , , 1 ,1.4 tp„,. „ , NI 1/1,4111 ran' ' -' Edenvale Park e PWEPAPIE0 Br City of Eden Prairie PT };i. low Parks&Natural Resources 7300 Edenvale Boulevard T'0 .._. . ,.off s �.,_a is ry 1•_-, <_r v.ry 2*8 '-ib Y mil. 6i 'S vt 5 y e,o« w,; �, ' iK. 4 v 13. Bond Issue Amount $1,370,000 Bond Issue Amount $2,000,000 Bond Issue Amount $3,630,000 Property Value Annual Tax property Value Annual Tax Property Value Annual Tax $100,000 $1 $100,000 $2 $100,000 $4 $150,000 $2 $150,000 $3 $150,000 $6 $200,000 $3 $200,000 $4 $200,000 $8 $250,000 $4 $250,000 $5 $250,000 $10 $300,000 $4 $300,000 $6 $300,000 ', $12 $350,000 $5 $350,000 $7 $350,000 $13 $400,000 $6 $400,000 $8 $400,000 $15 $450,000 $7 $450,000 $10 $450,000 $17 $500,000 $7 $500,000 $11 $500,000 $19 Bond Issue Amount $3,650,000 " Bond Issue Amount $4,000,000 Bond Issue Amount $5,010,000 Property Value Annual Tax Property Value Annual Tax Property Value Annual Tax $100,000 $4 $100,000 $4 $100,000 $5 $150,000 $6 $150,000 $6 --.- $150,000 $8 $200,000 $8 $200,000 $8 $200,000 $11 $250,000 $10 $250,000 $11 $250,000 $13 $300,000 $12 $300,000 $13 $300,000 $16 $350,000 $13 $350,000 $15 $350,000 $19 $400,000 $15 $400,000 $17 $400,000 $21 $450,000 $17 $450,000 $19 $450,000 $24 $500,000 $19 $500,000 $21 $500,000 $26 Bond Issue Amount $6,960,000 Bond Issue Amount $10,580,000 Bond Issue Amount $11,960,000 Property Value Annual Tax Property Value Annual Tax Property Value Annual Tax $100,000 $7 $100,000 $11 $100,000 $13 $150,000 $11 $150,000 $17 $150,000 $19 $200,000 $15 $200,000 $22 $200,000 $25 $250,000 $18 $250,000 $28 $250,000 $32 $300,000 $22 $300,000 $34 $300,000 $38 $350,000 $26 $350,000 $39 $350,000 $44 $400,000 $29 $400,000 $45 $400,000 $51 $450,000 $33 $450,000 $50 $450,000 $57 $500,000 $37 $500,000 $56 $500,000 $63 C:#Documents and Settings\rlambert\Local Settings\Temporary Internet Files\OLK29\GO Bonds Impact To: Mayor and City Council From: Robert Lambert,Director of Parks and Recreation EDEN Date: April 12,2005 PRAI RI E Subject: Recommendation Relating to Deepening the Community Center Existing Pool At the April 4, 2005 the Parks, Recreation and Natural Resources Commission had a lengthy discussion on the pros and cons of deepening the existing swimming pool at the Community Center. While deepening the pool will make it a better competitive pool, it will be a much less desirable recreational pool.The water would be too deep for many of the young swimmers learning how to swim, as the water would be over their head. It would also not be as useful for open swimming or for programs such as water aerobics for senior citizens. The Parks,Recreation and Natural Resources Commission recommended that the basic package for Community Center improvements should be reduced by$300,000 to a total of$6.6 million and not include deepening the pool;however,that pool deepening improvement should be made if the city adds a recreational pool as proposed with Scheme B or C.Therefore,each of those schematics plans should be increased by$300,000. CITY COUNCIL AGENDA DATE: SECTION: Report of the Parks and Recreation Director April 12, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Robert A. Lambert, Director Tentative Referendum Planning XIV.D.2. Parks&Recreation Schedule The following provides a tentative schedule for planning a Park Referendum if the City Council decides to proceed with the referendum in 2005: Mar 7 Joint Meeting with Parks, Recreation and Natural Resources Commission Apr 4 Initial Discussion at the Parks, Recreation and Natural Resources Commission regarding issues that should be considered on a referendum for 2005,with the recommendation to City Council and direction to staff regarding which items to pursue. Apr 12 City Council to consider recommendations from the Parks, Recreation and Natural Resources Commission relating to the Community Center, pool options, park and open space acquisition and development, and trail recommendations. Staff will be requesting authorization to obtain more detailed information on each of these areas and to contact neighborhoods and property owners who would be affected by any of the proposed projects, including the School District. Apr 15 -May 30 I. Meetings with School staff regarding Forest Hills Park, Prairie View Park, and the Community Center. 2. Meetings with neighborhoods regarding proposals for Forest Hills Park, Prairie View Park and Edenvale Park. 3. Meeting with property owners regarding Prairie View Park and Birch Island Woods. 4. Meeting with architects to obtain more detailed information and cost estimates regarding proposals for the Community Center, pools, park development. 5. Meeting with bond attorney regarding proposed revenue bond projects. 6. Meeting with Senior Citizens regarding their needs. June 6 Recommendation to the Parks, Recreation and Natural Resources Commission regarding final cost estimates and concept plans. June 14 Workshop with Parks,Recreation and Natural Resources Commission and City Council to discuss a proposed referendum with discussion on concept plans, costs for various projects, structure of questions, etc. June 22 Town Meeting to discuss proposed referendum Tentative Referendum Planning Schedule April 12, 2005 Page 2 June 27 Parks, Recreation and Natural Resources Commission meeting to make final recommendation to City Council on referendum July 5 City Council to make final decision on referendum, questions, amount, etc. July 6—Aug 14 Preparation of public information on the referendum Aug 15—Sept 1 Dissemination of public information to all households regarding the referendum questions and related costs Sept 1 —Oct 15 Public information meetings to answer questions relating to the referendum Nov 8 Referendum Date CITY COUNCIL AGENDA DATE: SECTION: Report of the Parks and Recreation Director April 12, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Robert A. Lambert, Director Recommendation for 2005 Trails XIV.D.3. Parks&Recreation Projects Requested Action Move to: Approve the proposed schedule for trail projects identified for 2005 including: A. New Transportation Trails 1. Linden Drive from the existing trail to Hennepin Town Road 2. Anderson Lakes Parkway from Franlo Road west to Underpass(south side) 3. Technology Drive from end of trail by Costco east to Lake Idlewild Trail(this project will be completed by the developer) B. Repair or Replace Existing Transportation Trails 1. Pioneer Trail from Gould Road to Stable Path 2. Neil Lake Bridge replacement and dike trail repair C. New Park Trails 1. Purgatory Creek Recreation Area Trail 2. Rice Marsh Lake Trail Connection(north side) 3. Prairie Bluff Trail—from Miller Spring to the Pemtom trail at the top of the bluff D. Repair Existing Park Trails 1. Linden Drive to Amsden Way 2. Widen the trail around Round Lake from 8' asphalt to a 10' asphalt trail Synopsis The City Council has budgeted$125,000 per year for trail construction and repair for transportation trails. The city currently has over$5.5 million of trail construction or repair projects on the proposed schedule. Staff attempts to prioritize projects using the trail system evaluation chart and recommendations from the maintenance staff regarding critical maintenance projects that must be completed immediately for safety reasons. Background Attached to this memorandum is the copy of the 2005 Trail System Evaluation Chart, including a list of all of the proposed trail projects planned for the next five to ten years. Recommendation for 2005 Trails Projects April 12, 2005 Page 2 New transportation trails are new 8-foot asphalt trails or sidewalks adjacent to city streets that are part of the transportation system that is designed to provide safe pedestrian and bicycle access from all residential neighborhoods to parks, schools, and commercial areas. The chart that depicts"repair or replacing the existing transportation trail system" is mostly replacing 6-foot asphalt trails or in some cases 8-foot asphalt trails that were constructed by developers prior to the existing city standards and inspection process. The"new park trails" and"repair of existing park trails", refer to trails that are within city park land that need to be added to the trail system or repaired. The"nature trails"refer to the proposed soft surface trails that will be developed within the various conservation areas.Planning for the trails within the Riley Creek valley and the Purgatory Creek valley is underway at this time. The list of sidewalk extensions is simply a list of all of the extensions that would be required to complete the sidewalk system. Most all sidewalks have been constructed by developers in front of the parcels of land that they are developing. The sidewalk trail system plan was not initiated until the mid-1980's,therefore many segments are not in place in front of commercial or residential development that was completed prior to that time. These "in-fill segments" should be completed over the next five to ten year period. City staff will be making a recommendation to the Commission and the Council that a significant amount of money be included in the next referendum to complete the majority of these trail projects. Attachments 2005 Trail System Evaluation Charts New Transportation Trails Repair or Replace Existing Transportation Trails New Park Trails Repair of Existing Park Trails Nature Trails Sidewalk Extensions May 2004 Homeward Hills Neighborhood Petition 2005 Trail System Evaluation Chart Estimated Cost Estimated Priority New Transportation Trails Year Proposed Ran a Distance Funding Source Comments g 1 Linden Drive from Existing Trail to 2005 $30,000 900 ft Hennepin Town Road 2 Anderson Lakes Parkway from Franlo Road West to Underpass 2005 $90,000 -- (south side) 3 Technology Drive from end of trail by Costco East to Lake Idlewild 2005 By Developer 1192 ft Developer Trail 4 Highway 212 from Fountain Place South to Anderson Lakes Parkway 2007 $40,000 1220 ft (east side) 5 Anderson Lakes Parkway from Flying Cloud Dr east to Daniel Rd 2008 $18,690 623 ft 6 County Rd 1 north side from end of 2008 $17,610 582 ft trail east to Eden Prairie Rd 7 County Road 4(west side) 2008 $110,000 d 3633 ft Referendum Purgatory Creek to Crosstown 62 8 County Road 4 from Hillcrest Lane to Crosstown 62(east side)plus Bridges(when Cty Rd 4 is 2010 $250,000 7210 ft Referendum upgraded) 9 Flying Cloud Dr east side from Single Tree Lane to west 78th St. $14,700 490 ft 10 Normandy Crest east side from end of trail to Hennepin Town Rd $11,250 375 ft 12 Valley View Rd from Flying Cloud Dr east to trail by Nine Mile Creek $42,000 1400 13 Mitchell Rd west side from County Rd 1 south to trail by Grace Church $46,770 1559 ft 14 Crestwood Terrace from end of trail to County Rd 1 $30,330 1011 ft G:\Brenda\Letter&Memos\Lambert 2005\2005 Trail System Evaluation Chart Page 1 Updated 4/5/2005 2005 Trail System Evaluation Chart 15 Highway 212 from County Road 1 North to Anderson Lakes Parkway, 2010 $200,000± 5900 ft plus Bridge 16 Valley View Rd from end of trail east to Washington Ave $62,250 2175 ft 17 Center Way east side from Preserve Park to Fieldcrest Road $16,410 547 ft 18 Terrey Pine Dr from Bailey Dr to cul-de-sac on Terrey Pine Dr $82,400 2060 ft 19 Riverview Road from Purgatory Creek west to end of River View Rd $250,000± 7739 ft (when Riverview Rd is upgraded) 20 Wallace Rd west side from end of trail to Central Middle School $26,800 896 ft 21 Technology Drive from Lake Idlewild trail to Hwy 212 $26,850 895 ft 22 Shady Oak Road from Valley View $105,000± 3450 ft to Crosstown 62 23 Viking Dr-a 5'concrete sidewalk 3825 ft on north side from Golden Triangle $155,000± Dr to Prairie Center Dr 24 Spring Rd from end of trail to Lion's Tap $99,000 3300 ft 25 Duck Lake Tr from Dell Rd west to State Hwy 101 $66,900 2230 ft 26 Valley View Rd from end of trail west to State Hwv 101 $32,760 1092 ft TOTAL New Transportation Trails $1,824,720 G:\Brenda\Letter& Memos\Lambert 2005\2005 Trail System Evaluation Chart Page 2 Updated 4/5/2005 2005 Trail System Evaluation Chart Repair or Replace Existing Transportation Estimated Cost Estimated Trails Priority Year Proposed Range Distance Funding Source I Comments 1 Pioneer Trail from Gould Road to 2005 $27,000 5,373 ft Stable Path 2 Neil Lake Bridge replacement and 2005 $25,000 dike trail repair 3 Homeward Hills Road -Widen 2006 $300,000± from 6-8 Feet 4 Tamarack Trail replace 6 foot trail 2006 $43,000 with 5 foot concrete 5 Basswood Road from Anderson Lakes Parkway to end of trail to 2007 $44,000 sidewalk 6 Buckingham Dr-6'asphalt to 5' 2007 $23,000 concrete 7 Franlo Road from ALP to Mount 2007 $84,000 Curve-6'asphalt to 5'concrete 8 Linden Drive-6'asphalt to 5' 2007 $84,000± concrete 9 Amsden Way-6'asphalt to 5' 2007 $117,000 concrete TOTAL Replace or Repair Transportation Trails $747,000 G:\Brenda\Letter&Memos\Lambert 2005\2005 Trail System Evaluation Chart Page 1 Updated 4/5/2005 2005 Trail System Evaluation Chart Priority New Park Trails I_ear Proposed Estimated Cost Dis ance Funding Source I Comments Range1 Purgatory Creek Recreation Area $500,000 City Share Trail Part of original TIF project for 2005 $500,000 PCRA,and Park Dedication Fees 2 Rice Marsh Lake Trail Connection Park Dedication Fees (north side) 2005 $6,500 3 Prairie Bluff Trail-Pemtom& Park Dedication Fees Miller Spring bridge 2005 $50,000 4 Crestwood Park Connection- Park Dedication Fees Wetter's trail head bridge&trail 2006 $50,000 5 Rice Marsh Lake Trail and Bearpath Development az'P P Bearpath Trail 2007 $150,000 6 Lake Idlewood Trail-Rosemount Park Dedication Fees future $35,000 TOTAL New Park Trails $791,500 G:\Brenda\Letter& Memos\Lambert 2005\2005 Trail System Evaluation Chart Page 1 Updated 4/5/2005 2005 Trail System Evaluation Chart Estimated Cost Estimated Priority Repair of Existing Park Trails Year Proposed Range I Distance Funding Source Comments 1 Linden Drive to Amsden Way-8' Park Dedication Fees asphalt 2005 $10,500 2 Widen Trail Around Round Lake Park Dedication Fees 2005 $200,000± 3 Widen Trail Around Staring Referendum 2006 $350,000± 4 Trail through easement right of way between Village Woods Drive and 2006 $22,000 Red Rock Lake-6'asphalt to 5' 5 Pheasant Woods Park—replace trail with 8 foot trail 2007 $12,000 6 Flying Cloud Drive to Valley View Rd-Nine Mile Creek Trail 2008 $25,000 7 Railroad Bed Trail Hidden Ponds Trail 2007 $130,000 TOTAL Repair of Existing Park Trails $749,500 G:\Brenda\Letter& Memos\Lambert 2005\2005 Trail System Evaluation Chart Page 1 Updated 4/5/2005 2005 Trail System Evaluation Chart Priority Nature Trails Year Proposed) Esti Rated Cost nge Distances Funding source I Comments 1 Riley Creek Trail 2006 ? Park Dedication Fees Proposed to be done in phases beginning in 2006 2 Proposed to be done in phases Lower Purgatory Creek Trail 2006 ? Park Dedication Fees p beginning in 2006 3 Proposed to be done in phases Edenbrook Trail 2006 ? Park Dedication Fees beginning in 2006 Trail location,distance and cost estimates to be TOTAL Nature Trails $0 determined during 2005 Trails Planning Project for all three areas. G:\Brenda\Letter& Memos\Lambert 2005\2005 Trail System Evaluation Chart Page 1 Updated 4/5/2005 2005 Trail System Evaluation Chart Estimated Cost Estimated Priority Sidewalk Extensions Year Proposed Range Distance Funding Source Comments 1 Singletree south side $7,440 186 ft 2 Singletree north side $8,240 206 ft 3 Rustic Hills Rd west from Cranberry Lane to corner $9,600 240 ft 4 Holly Rd north side from school entrance to Baker Rd $14,200 355 ft 5 Valley View Rd from end of sidewalk west to State 101 $43,680 1092 ft 6 College View Dr from Hwy 212 west to Columbine Rd $19,000 475 ft 7 Regional Center Rd northside,west of Eden Rd $2,000 50 ft 8 Regional Center Rd north side of Eden Rd $3,000 75 ft 9 Regional Center Rd south side east end $7,800 195 ft 10 Terrey Pine Dr from cul-de-sac east to existing sidewalk $28,800 960 ft 11 Wallace Rd east side from Technology to sidewalk $22,000 550 ft 12 Sunnybrook Rd from fire station to Olympia Dr north side $30,120 753 ft 13 Prairie Center Dr from north of Prairie Lakes Dr to West 78th St $37,400 935 ft east side 14 Grand View Dr from Duck Lake Rd to Rustic Hills Dr $43,200 1080 ft 15 Eden Rd west side north of $11,400 285 ft Singletree Lane G:\Brenda\Letter&Memos\Lambert 2005\2005 Trail System Evaluation Chart Page 1 Updated 4/5/2005 2005 Trail System Evaluation Chart 16 Anderson Lakes Parkway north side,west from end of sidewalk to $11,560 289 ft Columbine Rd 17 Prairie Lakes Dr north side,west end $18,520 463 ft 18 Village Woods Dr between Coachman's Lane and Hiawatha $11,800 395 ft Ave 19 Glen Lane west side $4,520 113 ft 20 Eden Rd east side north of Singletree Lane $5,200 130 ft 21 Crystal View Rd west side by Prairie Center Dr $8,680 217 ft 22 Golf View Dr west side from end of sidewalk to Kingston Dr $48,680 1217 ft 23 Mitchell Road east side(sidewalk) Anderson Lakes Parkway south to 2009 $105,000± 2581 ft Twin Lakes Crossing 24 Prairie Lakes Dr south side $30,600 765 ft 25 Olympia Dr.west side from end of sidewalk to Sunnybrook Rd $31,000 775 ft 26 Regional Center Rd southside,west end(needs retaining wall) $16,160 404 ft 27 Technology Dr south side west of Mitchell Rd $48,000 1200 ft 28 Prairie Lakes Dr north side,east $28,000 700 ft end 29 South Shore Lane north side from end of sidewalk to Duck Lake Tr $54,880 1372 ft 30 Mitchell Road(sidewalk)Martin $145,000± 3640 ft Dr North to Roberts Dr 31 Harrogate Dr south side to Chaburn Rd $34,400 860 ft G:\Brenda\Letter& Memos\Lambert 2005\2005 Trail System Evaluation Chart Page 2 Updated 4/5/2005 2005 Trail System Evaluation Chart 32 Duck Lake Rd east side from Claycross Way to Hwy 62 $14,200 565 ft 33 Cherry Dr $16,880 422 ft 34 Wagner Way from end of sidewalk to Shelden Ave $6,400 160 ft 35 Juniper Lane north side from end of sidewalk to Franlo Rd $23,680 592 ft 36 Creek Knoll Rd west side from Pioneer Trail to existing sidewalk $68,000 1700 ft (need bridge across creek) 37 Bennett Place west side from end of side walk to north end of road $44,000 1100 ft 38 Surrey St from end of sidewalk to Travios Rd $6,000 150 ft 39 Woodland Dr from Edenvale Blvd, $107,848 2696 ft to Edenvale Blvd 40 Aztec Dr from end of sidewalk south to Hwy 212 $57,760 1724 ft 41 Anagram Dr from end of sidewalk to Executive Dr $44,000 1100 ft 42 Duck Lake Trail south side from Duck Lake Rd to County Rd 4 $112,920 2640 ft TOTAL Sidewalk Extensions $1,391,568 G:\Brenda\Letter& Memos\Lambert 2005\2005 Trail System Evaluation Chart Page 3 Updated 4/5/2005 • DATE: MAY, 2004 TO: STUART FOX EDEN PRAIRIE PARK AND RECREATION DEPT. EDEN PRAIRIE CITY OFFICES 8080 MITCHELL RD. EDEN PRAIRIE, MN 55344 FROM: HOMEWARD HILLS RESIDENTS RE: RECONSTRUCTION OF BITUMINOUS WALKING PATH ALONG HOMEWARD HILLS, FROM LANDING RD. TO SILVERWOOD. As neighborhood citizens, who use this walking/running path for exercise, we are eager to inform you of how it has deteriorated since original construction in the early 1980's. It no longer is safe to run on or to walk on without looking down at the surface continually. At the same time, Homeward Hills has become a very heavily traveled road and one cannot walk or run safely on the road itself. We understand that this walking path is scheduled to be reconstructed and widened to 8 feet in 2006, so that it will fit City maintenance equipment. For that, we are grateful, but are very eager to emphasize the safety concerns that we have now. We are asking that you seek additional funding or increase this project on your priority list, so that it can be done much earlier than 2006. NAME ADDRESS PHONE 1 �1I J1 rrn5.(01 I/502 4' KeNs y 710A Dr. (S ?) 90,-b ‘,,? 1?I - few farmer //53ht IreI?s rrgioi .fir. (95a) NI/ lSc(), h )2 I!tr /a s e 3 Sp ci q I .ss b 7,6 - ,;7 9. - ,41.()-uteisx /05;31 Pl-{yee:eyel. Liz Lk) - Cfi o l) Ate c w)-tom. led emx C10- o q T 3 / /ar-y k1 ni s C. i') 11`1W !`en4/lefo el C,. el5>k) 9W-- /7415 3vv,Q--. 11310 - (93 ) $a9 93aa= �Q�92 q52-5712_0IT 1V 64?,Avtl- PLStc If427 , -R;vekVi'efv 65 -gact-g43g / k re-tto k e ‘99/—e/'3P7 DATE: MAY, 2004 TO: STUART FOX EDEN PRAIRIE PARK AND RECREATION DEPT. EDEN PRAIRIE CITY OFFICES 8080 MITCHELL RD. EDEN PRAIRIE, MN 55344 FROM: HOMEWARD HILLS RESIDENTS RE: RECONSTRUCTION OF BITUMINOUS WALKING PATH ALONG HOMEWARD HILLS, FROM LANDING RD. TO SILVERWOOD. As neighborhood citizens, who use this walking/running path for exercise, we are eager to inform you of how it has deteriorated since original construction in the early 1980's. It no longer is safe to run on or to walk on without looking down at the surface continually. At the same time, Homeward Hills has become a very heavily traveled road and one cannot walk or run safely on the road itself. We understand that this s'arface is scheduled to be reconstructed and widened to 8 feet in 2006, so that it will fit City maintenance equipment. For that, we are grateful, but are very eager to emphasize the safety concerns that we have. We are asking that you seek additional funding or increase this project on your priority list of projects, so that it can be done much earlier than 2006. NAME ADDRESS PHONE 7 i3 cv�s- /0 27`f 4PIA1 &6Y fa-9,y 9s-07 Sye, /02-it{ 4)t,,t -De=t) 2_- ( —`1561 / ) o& ve4;,;14,) itzei 4?-c-z) 6511A21,4, 0-4 4/5 al 1 Yri3OlrYk 1..4/1 (C6 k t D fag Sn-��� �� q��.-fly=�yY/ p,_ -01 f ; - /4,:=1 �� :' ‘� �`S1 :5 f6g 9(0 -es-2/ I l 32 J , Q i-6 6 N DATE: MAY, 2004 TO: STUART FOX - EDEN PRAIRIE PARK AND RECREATION DEPT. EDEN PRAIRIE CITY OFFICES 8080 MITCHELL RD. ' EDEN PRAIRIE, MN 55344 FROM: HOMEWARD HILLS RESIDENTS RE: RECONSTRUCTION OF BITUMINOUS WALKING PATH ALONG HOMEWARD HILLS, FROM LANDING RD. TO SILVERWOOD. As neighborhood citizens, who use this walking/running path for exercise, we are eager to inform you of how it has deteriorated since original construction in the early 1980's. It no longer is safe to run on or to walk on without looking down at the surface continually. At the same time, Homeward Hills has become a very heavily traveled road and one cannot walk or run safely on the road itself. We understand that this walking path is scheduled to be reconstructed and widened to 8 feet in 2006, so that it will fit City maintenance equipment. For that, we are grateful, but are very eager to emphasize the safety concerns that we have now. We are asking that you seek additional funding or increase this project On your,priority list, so that it can be done much earlier than 2006. • NAME ADDRESS PHONE • 1M& Sill 60aA &Mel' ?sa. 9y/a (( ;°,,, I dark Eclihry1 Grc4 q5a- cryc-ilgn e l02..98 gdfa.4u. 41 s CAA , W-2. `i Y//Z/ ,/ -2.7e1 1 63,Z- /3 ,-)L. /(.4--( C (5- -/- i "-) ' , /6-Y45 fit ea. - = -,-- Or. qZ q �7 a a eY-ie;-- r r /06/ T iV ( *-cZ % 5c. - Faz._ rn Clittk 16rcumbr i ow iqt n/ 6-1- at,i.661 /(92 P l i-a DATE: MAY, 2004 TO: STUART FOX EDEN PRAIRIE PARK AND RECREATION DEPT. EDEN PRAIRIE CITY OFFICES 8080 MITCHELL RD. EDEN PRAIRIE, MN 55344 FROM: HOMEWARD HILLS RESIDENTS RE: RECONSTRUCTION OF BITUMINOUS WALKING PATH ALONG HOMEWARD HILLS, FROM LANDING RD. TO SILVERWOOD. As neighborhood citizens, who use this walking/running path for exercise, we are eager to inform you of how it has deteriorated since original construction in the early 1980's. It no longer is safe to run on or to walk on without looking down at the surface continually. At the same time, Homeward Hills has become a very heavily traveled road and one cannot walk or run safely on the road itself. We understand that this walking path is scheduled to be reconstructed and widened to 8 feet in 2006, so that it will fit City maintenance equipment. For that, we are grateful, but are very eager to emphasize the safety concerns that we have now. We are asking that you seek additional funding or increase this project on your priority list, so that it can be done much earlier than 2006. . i NAME ADDRESS PHONE r=. fov.56 avis-lt,-L;24#0,(4 cx.a_ r_g 9_09 oy 4,4e- 14,521t„. v e .,; $5k_ 9'42-8-105 416/71. to-7 937- 2D/3 eicicriti gip% Li 10 7.4 cA tAL kivtA.t.w CAPN-t-t qua,- q l- a f%%B Pemacliptr)-1 y� r^ f Kok Cr&,5w( J I19' 41 ?eke!lc104 Uf i l 1$2" - 5t77 VII (10)(JV a of OW �e 060$ fir 6/ a 31k=1/-Tge, oft 9( t9z/ f� q CITY COUNCIL AGENDA DATE: SECTION: Report of the Parks and Recreation Director April 12, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Robert A. Lambert, Director Updated Parks Capital Improvements XIV.D.4. Parks&Recreation Plan Requested Action Move to: Approve the updated Capital Improvement Plan as a concept approval for expenditures of anticipated revenue over the next five years. Synopsis The Capital Improvement Plan provides information on existing revenue and projected revenue over the next five years from park dedication fees, team fees, donations and grants. The Capital Improvement Plan also lists projects that have been identified by city staff or requested by athletic associations, neighborhoods, or other special interest groups. The Capital Improvement Plan provides general costs estimates as to what future projects may cost and projects the timeframe in which these projects may be completed. The projected costs are not based on any plans or specifications,but merely on conceptual ideas for these projects. The actual costs may be more or less than the estimated costs, based on final approved plans. The actual years that the projects may be completed most certainly will be changed as priorities are clarified each year by the Commission and the City Council. The purpose of the Capital Improvement Plan is to provide a longer term look at the projects that have either been committed to (i.e. contract for deeds that may have been already obligated)or agreements previously made such as the Metropolitan Airports Commission agreements, as well as commitments made to various organizations, neighborhoods, and recommendations of the Park and Open Space System Plan. Background Although the Capital Improvement Plan is updated each year, that approval does not automatically authorize any of the projects listed on theplan. Each specific project must be brought before the P g Commission and the Council prior to initiating plans, specification and bids. The Commission and Council should consider the Capital Improvement Plan as a`general guideline' relating to priorities, timelines, expenditures and revenues. This Capital Improvement Plan cannot be anymore specific in terms of expenditures without spending a great deal of money on plans and specifications.Nor can it be more specific on revenues that could very greatly depending on the amount of development that occurs within that timeframe. The major source of revenue for the Capital Improvement Plan is park dedication fees. Park dedication fees are authorized by state law for the purpose of acquiring and developing a park system that is necessary to accommodate the residents or businesses who are paying the fees. Park Updated Capital Improvements Plan April 12, 2005 Page 2 dedication fees should not be used for maintenance, but only for acquisition and development. The park and open space system should be relatively completed when these fees dissipate.Future park renovations will have to be funded through the general fund or with referendums. Attachment Capital Improvement Plan 2005-2009 Park Fund Capital Improvement Program City I Other I, 2004 Actual 41, 2005 1 2006 I 2007 2008 2009 Cedar HAS Park ' I I $ 913,700 , Birch Island Woods ; 1$ 117,300 I $ 112,000 1 $ 108,000 $ 104,000 _-.. Lower Purgatory Creek Cons.Area ! Referendum ' ?" Riley Creek Cons.Area I Referendum _ - Rice Marsh Lake Cons.Area T I Referendum .!IleY Lake Park I Referendum ? 1 Mitchell Lake Marsh ? I I I Referendum _ $. 1,155,000 •.,. - $ 117,300 $ 1,025,100 $ -108,000 i $ 104coo $ . $ 11 . , 1 -1,-, • Cedar Kis PAark $ 850,000 $ 650,000 : $ 200,000 Staring Lake Trail-East $ 100,000 Watershed Project $ 100,000 , "t t „- Staring Lake Park Shelter Renovation $ 100,000 1 _L$ 5coo : , Storing Lake Park Tr&Widen-10' $ 350,000 '. $ 350,000 1 . ..... Staring Lake Park Archery Range $ 13,500 .1 1 $ 15,480 $ 3,500 Staring Lake OLA&x-coixtry ski $ 35,000 < $ 35,000 I 1 , 1-- Round Lake Park Trail Widening-10' $ 200,000 $ 200,000 i -1- Round Lake Park Skate Park $ 35,000 j $ 35,000 Round Lake par_k_IUghlIng_S__oftball Field $ 55,000 PCRA Phase I-Dredghg/Dike 4 completed 2003 I t , -4,- - i .. ' PCRA Phase II-Park Construction ' $ 1 092 000 inc.2003 total $ 379,624 $ 40,000 1 , , i ...i.. ., 1 PCRA Phase III-Trail Construction ' $ 598,159 1 Watershed Project i $ 634,000 $ 37,200 -i- PCRA Phase IV-Trail i $ 189,5601 Watershed Project $ 121,953 t_$ 21,600 , -I Creek Valley Trail Planning I $ 65,000 _ 1 i $ 65,000 1 Riley Creek Cons Area Trail I$ 178364 I "W.D. $175000 $ 5,856 $ 50,000 . $ 100,000 $ 100,000 $ 150,000 Edenbrook Cons.Area Trail I $ 55,000 I W.D. $55,000 , $ 55,000 1$ 100,000 I$ 55000 Lower PurptonjCLeek Cons.Area Trail $ 175,000 1 W.D. $175,000 I $ 100,000 it$ 150000 $ 100,000 Miler Park-Baseball Building I $ 8,3721 1.$ 8,372 i Weer Park-Softball Buikfing .." ' 000 ' $ 167,831 $ 182,170 ! $ 300,009 GAA $504 , , , -1 Mier Park-Baseball Stadium I $ 850,000 I EPBA $300,000 1 $ 850,000 $ 50,0001_ $ 50,000 Miller Park.Soccer/Football Building , $ 250,000 I S,FA $100,000 1 $ 350,000_: ' 1 25 ,Miler Park-Park Shelter/CI:ling Rink __1_$ 250,000 • T.C.C.$1,000,000 ,,' , $ 1, 0 000 4 4,4.44 Prairie Bluff Cons.Area Trail $ 70,020 I $ 22,928 ! $ 30,000 $ 20,000_! $ , 300,000 Flying Cloud Balllields $ 1,279 $ 1,279 - --1. Flying Cloud Ballleld Expansion Referendum * $1,490,009) 1 1 „ Richard T.Anderson Cons.Area $ 120,396 1 $ 110,396 $ 10,000 , I GABrendatetter&Memostambert 2008\2005-2009 Park Fund Capital Improvement Program 2005-2009 Park Fund Capital Improvement Program : City ' Other 2004 Actual i 20 0 5 1 20 0 6 2008 2009 2007 33"°° „ Da""""Forest Hills playpround''Renovation 5 330,000 . ,, $ , „„7-- --- NtneMile Creek OLA $ 14323 ..1... $ 787 $ 7$ 14,73823t Park 1 . 1-- 1 __......—. rerestwood ,. 80, 1- $ 80,000 Prairie East Tennis' Court-Rebuild $ 000 , .._ 4-- Eden Lake Park Plaza-Rebuild $ 40,000 . 40,000 $ , 50,0w_ I $ 250,000 Homeward Has• Skate Park $$ 12550:000000 i , $125,000(School) 1 $ 150,000 Round Lake Park Tennis CtRenovation , Birch Island Park $ 150,000 , Referendum *Cost TBD 1- Community Center Renovation , 00 i PCRA Phase V-Board Walk $ 83„600 r0 83,600 PCRA Phase\A-Fuji Access i $$ 12754:2000 25,00000 $ 174,2 1$ , PCRA Phase VII-Wildlife Bald ; i —------ Riley Lake Park-P.._......arkinti 8k.liblities $ 50,00020:000 $ 20,000$ 50,000 : 1 ...— Birch Island Woods Cons.Area rangnw $ 11,900 , $ 11,900 i ------TT-- 150,000 i _. $ 115,341 .... . 1,253400 , 000 $ 2'®45A1)3 $ 45°:° ! $ 10,000, 00 ' $ 110000 $ 50,000 1 Rice Marsh Lake Trail Area , $ 115,341 1 , Miller Spring 4 ' s 1,1A800 ' 1,804,000 $ 2.005000$ t 7000— $ 450 000 Richard T.Anderson Cons. .., :. ,0 , , $ 1,010.070"0,1010000$01latlett g t,5(z; 14.., -- kr $ 1727,370 $ 2,924,370 $ 1,361,600 $ Grand Total GABrerxiaEl-etter&Memos\Lambert 2005E2005-2009 Park Fund Capital Improvement Program 2005-2009 Park Fund Capital Improvement Program 2005 - 2009 Estimated Revenue In Park Fund 2004 1 2005 I 2006 I 2007 2009 2009 - 2010 Fund Balance at Be s" * s of Year I $ 5,545,500 $ 3,831,000 ' $ 3,169;400 $ 2,465,400 $ 2,135,400 . $ 2,300000 Est Cash Park Fees $ 1,198,875 I $ 750,000 ' $ 500,000 1 $ 500,000 $ 400,000 $ 400,000 i Softball&Volleyball Fees 1 $ 28,200 1 $ 25,000 $ 25,000 $ 25,000 $ 25:000 $ 25,000 Bond Referendum Other Revenue $ 9,125 Watershed District Grant $ 25,00014 75,000 $ 100,000 : $ 180,000 $ 50,000 i State&Federal Grants I - Donations(AtNedc Associations) $ 300,000 t '$T 150,000 1 $ 1,000,000 $ 75,000 Interst Accural $ 37,119 1 $ 40,000) $ 75,000 1 $ 75,000 ! $ 70,000 $ 65,000): Est Total Revenue $ ;244$1$ $ ' 60000 $_4,5064000 $ 4,019,400 $ 4,140,400' $ 2,750,*11) ' .4 Est,Total Expenses $ 1,616,974 I $ 2,854,370 I $ 1,336,600 1 $ 1,554,000 I $ 2,005,000 I $ 450,000 GABrenda1Letter&MemoslLambert 200512005-2009 Park Fund Capital Improvement Program CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda April 12, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: LC. 00-5508 ITEM NO.: Rod Rue Approve Plans and Specifications for XIV.E.1. Public Works/Engineering Technology Drive and Mitchell Road Improvements Requested Action Move to: Adopt resolution approving plans and specifications and ordering advertisement for bids for I.C. 00-5508, Intersection and Roadway Improvements on Technology Drive and Mitchell Road. Synopsis This plan approval,together with approval of a professional service agreement(with Landform Engineering Company) and a special assessment agreement with ADC,will provide the necessary approvals to reconstruct Technology Drive from Mitchell Road to Southwest Station. Background Information Through recent negotiations with ADC, it was determined that the City of Eden Prairie would be responsible for the completion of the Technology Drive and Mitchell Road improvements(as described in ADC's Developer's Agreement), rather than ADC. Through separate council action, a special assessment agreement will define the project's financial responsibilities of each agency. Attachments • Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2005- A RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS LC. 00-5508 WHEREAS, the City Engineer, with the assistance of Landform Engineering Company, has prepared plans and specifications for the following improvements to wit: I.C. 00-5508—Intersection and Roadway Improvements on Technology Drive and Mitchell Road and has presented such plans and specification to the Council for approval. NOW,THEREFORE,BE IT RESOLVED by the Eden Prairie City Council: 1) That said plans and specifications, a copy of which is on file for public inspection in the City Engineer's Office, are hereby approved. 2) That the City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published for three weeks, shall specify the work to be done, shall state that bids shall be received until 10:00 a.m., May 5, 2005, at City Hall, after which time they will be publicly opened by the City Engineer or designated representative, will then be tabulated, and will be considered by the Council at 7:00 p.m., Tuesday, May 17, 2005, at the Eden Prairie City Hall, Eden Prairie. No bids will be considered unless sealed and filed with the Engineering Division. and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the City of Eden Prairie for 5%(percent)of the amount of such bid. ADOPTED by the Eden Prairie City Council on April 12, 2005. Nancy Tyra-Lukens,Mayor ATTEST: SEAL Kathleen A.Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda April 12, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 00-5508 ITEM NO.: Rod Rue Approve ProfessionalXIV.E.2. PP Service X V Public Works/Engineering Agreement with Landform Engineering Company for Technology Drive and Mitchell Road Improvements Requested Action Move to: Approve Professional Services Agreement with Landform Engineering Company for Technology Drive and Mitchell Road Improvements. Synopsis This consultant agreement will provide design and construction engineering services for the Technology Drive and Mitchell Road improvements. The estimated fee of$307,576 is based on finishing the construction plans and providing the construction administration services for this project. Landform Engineering Company was selected for this project, due to the fact that they had provided all the engineering services for this project to date(through contractual agreement with ADC). Background Information Through recent negotiations with ADC, it was determined that the City of Eden Prairie would be responsible for the completion of the Technology Drive and Mitchell Road improvements(as described in ADC's Developer's Agreement), rather than ADC. Through separate council action, a special assessment agreement will define the project's financial responsibilities of each agency. Attachments • Professional Services Agreement for Technology Drive improvements Professional Services Proposal For City of Eden Prairie, MN Technology Drive Improvements LANDFORM MINNEAPOLIS•PHOENIX Landform Team: Studio Manager: Darren Lazan, RLA, CEO Studio Designer: Dan Hughes, P.E., Associate 650 BUTLER NORTH BUILDING 510 FIRST AVENUE NORTH MINNEAPOLIS,MN 55403 OFFICE: 612.252.9070 FAX:612.252.9077 www.Iandform.net Mr.Rue Re:P5048-Technology Drive Improvements in Eden Prairie,MN Page 2 March 18,2005 This fee Proposal is valid for 30 days from the creation date noted in the header. Landform may reissue a revised Proposal upon request if the indicated time period has lapsed. egtL liA Table of Contents LANDFORM MINNEAPOLIS•PHOENIX A. SCOPE OF SERVICES 3 B. COMPENSATION 7 C. ASSUMPTIONS 8 D. EXCEPTIONS 8 E. FORM OF CONTRACT 9 RATE TABLE 10 CITY OF EDEN PRAIRIE GENERAL CONDITIONS ATTACHMENT 650 BUTLER NORTH BUILDING 510 FIRST AVENUE NORTH MINNEAPOLIS,MN 55403 OFFICE: 612.252.9070 FAX:612.252.9077 www.landform.net Mr.Rue Re:P5048-Technology Drive Improvements in Eden Prairie,MN Page 3 March 18,2005 A. SCOPE OF SERVICES The level of our involvement will include the following Scope of Services ("Basic Services"). Naturally, the scale and scope of our efforts depends upon a Client's needs, a clear understanding of our responsibilities and upon the deliverables required. If we have misinterpreted your needs, please let us know and we will make the necessary adjustments to this Proposal. 1. Construction Documents/ Final Permitting 1501: Task 1: Update Quantities and Engineer's Cost Estimate a) Provide updated bid quantity tabulation based on the 01-11-02 drawings. b) Provide updated Opinion of Probable Construction Costs. Task 2: Complete Construction Documents and Permitting c) Revise plans and specifications once based on comments made by City staff. d) Complete plans and specifications suitable for bidding the Technology Drive project including the revised signalization of the Mitchell Road/Technology Drive intersection. e) Submit all storm sewer/ponding design calculations or other requested design information. f) Attend up to two (2) public meetings (e.g. Watershed or City Council). g) Coordinate Riley Purgatory Bluff Creek Watershed District permit application process. h) Coordinate Phase II NPDES permit application process. i) Coordinate with signal and traffic control consultant for completing and delivery of revised plans and specifications or special provisions. Task 3: Bidding and Pre-Construction Activities j) Assist City with preparation of legal advertisement for bids. The City will prepare and submit advertisements to the appropriate newspaper and publications. 650 BUTLER NORTH BUILDING 510 FIRST AVENUE NORTH MINNEAPOLIS,MN 55403 OFFICE: 612.252.9070 FAX:612.252.9077 www.landform.net Mr.Rue Re:P5048-Technology Drive Improvements in Eden Prairie,MN Page 4 March 18,2005 k) Preparation of easement sketches and descriptions for right-of- entry easements from up to four adjacent property owners. The City of Eden Prairie will record the documents. I) Coordinate and resolve (with City approval) any design or construction issues with adjacent property owners. m) Coordinate and attend pre-bid meeting with all utility owners (including street light utility-Xcel Energy). n) Respond to Contractor RFI during public bidding process. 2. Construction Administration F801: Task 1: Construction Coordination and Meetings a) Coordinate and conduct a pre-construction meeting prior to the start of the project. b) Coordinate and attend weekly construction progress meetings. c) Review and approve all shop drawings associated with the project including, but not limited to, utilities, storm sewer, pedestrian bridge, traffic signals, etc. d) Provide/coordinate quantity and cost accounting for all aspects of the project. e) Prepare and submit for city approval monthly pay estimates in accordance with city procedures and schedule. Task 2: Construction Staking f) Prepare Staking Control and Coordinate Sheets in the office. g) Stake Survey Control points (once). h) Stake Clearing/Construction Limits (once). i) Stake Silt Fence (once). j) Stake Retaining Walls at specified points (once). k) Stake Centerline for Final Grading (once). 650 BUTLER NORTH BUILDING 510 FIRST AVENUE NORTH MINNEAPOLIS,MN 55403 OFFICE: 612.252.9070 FAX:612.252.9077 www.landform.net Mr.Rue Re:P5048-Technology Drive Improvements in Eden Prairie,MN Page 5 March 18,2005 I) Perform a survey check of Final Grading to confirm conformance with the Plans. m) Stake Watermain and Storm Sewer at specified offsets (once). n) Stake Curb and Gutter at specified offsets (once). o) Stake Sidewalks and Trails at specified offsets (once). p) Stake light poles and signs (once). Task 3: Construction Inspection q) Provide on-site inspection services beyond what is outlined in "Engineering Services Procedures for Privately Constructed Public Infrastructure", and summarized as not less than the following: 80% of all underground utilities, 80% of concrete curb and sidewalk construction, 80% of traffic signal installation, 100% of bituminous pavement construction, including bike paths, and 100% during any traffic-impacting operations. r) Oversee all testing of all City utilities as outlined in "Engineering Services Procedures for Privately Constructed Public Infrastructure". s) Coordinate materials testing in accordance with City and MnDOT specifications. Testing shall be conducted per the MnDOT schedule of materials control testing. t) Coordinate and supervise a street deflection test prior to the placement of concrete curb and bituminous pavement as outlined in "Engineering Services Procedures for Privately Constructed Public Infrastructure". u) Monitor all erosion control devices and perform periodic inspections as required. Task 4: Record Drawings and Project Close-Out v) Coordinate and supervise a final "walk-through" inspection as outlined in "Engineering Services Procedures for Privately Constructed Public Infrastructure". 650 BUTLER NORTH BUILDING 510 FIRST AVENUE NORTH MINNEAPOLIS,MN 55403 OFFICE: 612.252.9070 FAX:612.252.9077 www.Iandform.net Mr.Rue Re:P5048-Technology Drive Improvements in Eden Prairie,MN Page 6 March 18,2005 w) Upon substantial completion of the project, perform an on-site inspection, compile a final punch list, and coordinate final completion/acceptance of the project. x) Create and submit a Final Engineering Report as outlined in "Engineering Services Procedures for Privately Constructed Public Infrastructure". y) Provide one set on mylar as-built drawings and electronic as-builts in a city-acceptable format (AutoCAD) showing all field revisions, final drainage and ponding, final street sections and grades. Additionally a booklet with ties to services and gate valves will be provided. Each service or valve will have three ties or more. z) Assign certified elevations to not less than 50% of the hydrants within the construction limits. These elevations will be shown in the valve and service tie booklet and mylars. 650 BUTLER NORTH BUILDING 510 FIRST AVENUE NORTH MINNEAPOLIS,MN 55403 OFFICE: 612.252.9070 FAX:612.252.9077 www.landform.net Mr.Rue Re:P5048-Technology Drive Improvements in Eden Prairie,MN Page 7 March 18,2005 B. COMPENSATION 1) The Basic Services described under the Scope of Services shall be completed for an hourly fee with a total not-to-exceed cost as shown below. Please see the attached `Technology Drive Improvements Work Plan" for detailed tasks, costs, and hourly estimates. Phase Task Estimated Fee Construction Documents/Final Permitting(50] Civil Documents $46,600.00 Construction Administration(80] Construction Administration Services $252,017.00 Total $298,617.00 2) The attached rates shall be used for this contract, and for Additional Services unless otherwise agreed in writing. 3) Internal reimbursable expenses are priced as follows: Mileage 0.41 per mile Plotting on Bond 0.25 per square foot Plotting on Vellum 1.10 per square foot Plotting on Mylar 2.75 per square foot Color Printing 2.00 for 8.5 x 11 3.00 for 11 x 17 Scanning 1.50 per scan 4) External reimbursable expenses shall be billed at cost. 5) Invoices will be sent once a month based on the phase percent complete through the date of billing. 6) Payment is due 45 days from the date of the invoice. Unless prior arrangements are made, a 1.5% per month (18% per annum) carrying fee or the maximum permitted by law, whichever is less, will be assessed against all invoices unpaid for over 60 days. Carrying fees may be compounded. 650 BUTLER NORTH BUILDING 510 FIRST AVENUE NORTH MINNEAPOLIS,MN 55403 OFFICE: 612.252.9070 FAX:612.252.9077 www.landform.net Mr.Rue Re:P5048-Technology Drive Improvements in Eden Prairie,MN Page 8 March 18,2005 C. ASSUMPTIONS We have based the Proposal on the following assumptions and our understanding of your needs. If we have made any incorrect assumptions, please let us know so that we can modify our Proposal. Any assumptions that prove incorrect may result in Additional Service fees. 1. We will note the location and elevations of retaining walls on our plans. All retaining wall design will be by others following Landform's performance specifications. 2. US Army Corp of Engineers does not have jurisdiction over this project. 3. The City of Eden Prairie will manage the bidding process. 4. The City of Eden Prairie will contract directly with the Geotechnical Subconsultant for Geotechnical and Material Testing services. The associated invoices will be sent directly to the City of Eden Prairie for payment. Landform will provide all coordination for the Geotechnical and Material Testing. D. EXCEPTIONS We have based this Proposal on the following exceptions. Any exceptions added to this scope will be presented as a request for Additional Services. If we have made any incorrect assumptions, please let us know so that we can modify our Proposal. 1. Nothing in this Proposal or otherwise shall be considered a guarantee that Client will obtain necessary approvals, permits or variances form any governmental unit. All such risks are Client's. Payment to Consultant for services rendered and expenses incurred is not contingent upon Client's receipt of such approvals, permits or variances. 650 BUTLER NORTH BUILDING 510 FIRST AVENUE NORTH MINNEAPOLIS,MN 55403 OFFICE: 612.252.9070 FAX:612.252.9077 www.landform.net Mr.Rue Re:P5048-Technology Drive Improvements in Eden Prairie,MN Page 9 March 18,2005 E. FORM OF CONTRACT This Proposal has beenpresented in duplicate in order that, if it is acceptable to P PP you, one copy may be retained for your records and one copy may be signed and returned to us as written authorization to proceed. You may also incorporate this Proposal into your standard contract form. In the event of any conflict or inconsistency between this Proposal and Client's standard contract form, this Proposal shall govern. We reserve the right to a) collect as an external reimbursable expense the cost of legal counsel should you elect to use a lengthy contract of your own design, and b) revise our fee Proposal if your contract form assigns additional responsibility or risk to Landform Engineering Company. If you instruct us to begin, or allow us to continue performing, Services prior to returning a signed contract it will be understood that all terms of this Proposal, and the attached general terms and conditions, are acceptable and all parties will be bound by the terms of this Proposal. The attached City of Eden Prairie General Conditions are incorporated by reference and are an integral component of this contract. Landform Engineering Company agrees to perform the Services described in this The following party accepts is the scope, Proposal- under the terms outlined. terms and conditions outlined in this Proposal and instructs Landform Engineering to proceed with the Services as outlined. City of Eden Prairie, MN Darren B. Lazan, RLA CEO March 17, 2005 Signed Date Title Date 650 BUTLER NORTH BUILDING 510 FIRST AVENUE NORTH MINNEAPOLIS,MN 55403 OFFICE: 612.252.9070 FAX:612.252.9077 www.landform.net Mr.Rue Re:P5048-Technology Drive Improvements in Eden Prairie,MN Page 10 March 17,2005 RATE TABLE Effective Date: May 1,2004 The following hourly rates shall be used for this contract: Principal Engineer 145.00/hour Principal Designer 135.00/hour Principal Surveyor 130.00/hour Principal Planner (AICP) 120.00/hour Principal Landscape Architect 110.00/hour Professional Engineer (PE) 110.00/hour Professional Registered Land Surveyor (RLS) 115.00/hour Professional Landscape Architect (RLA) 80.00/hour Survey Crew(Three-Man) 150.00/hour Survey Crew (Two-Man) 130.00/hour Survey Crew(One-Man) 95.00/hour Senior Survey Technician 87.00/hour Project Designer 92.00/hour Senior Designer 97.00/hour Manager 90.00/hour Designer III 80.00/hour Designer II 72.00/hour Designer I 62.00/hour Field Inspector II 80.00/hour Field Inspector I 70.00/hour Planner III 80.00/hour Planner II 75.00/hour Planner I 70.00/hour Accountant 75.00/hour Administrative Assistant 50.00/hour Clerical 45.00/hour *Landform Engineering Company doing business as Landform Technology Drive Improvements-Eden Prairie,MN Landform URS d Toc N E 03 .c To o c 1- y n. 02 t �p T O 6 fA C J N N W E EVa . . F yi o cc 0 o r G a � C jN a w w G c Work Plan-Budget cc rn v LL w rn` C D Phase Tasks $110 $115 $130 $87 $72 $70 $50j $130 $90 $75 I $55 HRS FEE/TASK 50 Construction Documents/Final Permitting 160 6 0 16 219 0 8 28 32 52 6 527 $ 46,600 1 Update quantities and Complete Engineer's Cost Estimate 10 0 0 0 32 0 0 42 $ 3,404 la Temporary Traffic Control 20 2 20 2 44 $ 4,390 2 Complete Construction Documents and Permitting 105 0 0 0 155 0 0 260 $ 22,710 2a Permanent Signing and Striping 8 2 8 2 20 $ 1,930 3 Bidding and Pre-Construction Activities 45 6 0 16 32 0 8 107 $ 9,736 3a Traffic Signalization 0 28 24 2 54 $ 4,430 80 Construction Administration 475 107 495 216 40 990 30 196 24 40 0 2613 $ 252,017 1 Construction Coordination and Meetings 260 0 0 0 0 0 16 276 $ 29,400 2 Construction Staking 0 75 495 176 0 0 4 750 $ 88,487 3 Construction Inspection 150 0 0 0 0 990 0 1140 $ 85,800 4 Record Drawings and Project Close-Out 65 32 0 40 40 0 10 187 $ 17,690 4a Construction Services Support 196 24 40 0 260 $ 30,640 'ESTIMATED HOURS&FEES I 635 113 495 232 259 990 38 224 56 92 6 6280 $ 298,617 Reimbursables(billed at cost and estimated at 3%of fees) $ 8,959 (TOTAL COST $ 307,576 Notes:Tasks with the'Xa"designation are taken from the URS Scope of Services dated February 10,2005 Construction schedule assumed to be 5.5 months(June 1,2005 to Novemeber 15,2005) I Landlorm copyright 2005 Tech Drive Hour-Fee Estimate(03-18-05).xls 3/18/2005 CITY OF EDEN PRAIRIE GENERAL CONDITIONS Consultant Agreement SECTION 1: PROJECT INFORMATION 2.5 City agrees to render reasonable assistance requested by Consultant to enable performance of work without delay or 1.1 City will provide to Consultant all known information interference,and upon request of Consultant,to provide a suitable regarding existing and proposed conditions of the site or which workplace. affects the work to be performed by Consultant. Such information shall include, but not be limited to site plans, 2.6 City will be responsible for locating and identifying all surveys, known hazardous waste or conditions, previous subterranean structures and utilities. Consultant will take laboratory analysis results,written reports,soil boring logs and reasonable precautions to avoid damage or injury to subterranean applicable regulatory site response(Project Information). structures and utilities identified and located by City and/or representatives of Utility Companies. 1.2 City will transmit to Consultant any additions,updates,or revisions to the Project Information as it becomes available to SECTION 3: SAMPLES City,its subcontractors or consultants. 3.1 Consultant may retain at its facility selected soil, water, or 1.3 City will provide an on-site representative to Consultant material samples for a maximum of 30 days after completion of within 24 hours upon request, to aid, define, supervise, or the work and submission of Consultant's report, which samples coordinate work or Project Information as requested by shall remain the property of City. Unless otherwise directed by Consultant. the City,Consultant may dispose of any samples after 30 days. 1.4 Consultant will not be liable for any decision,conclusion, 3.2 Disposal of contaminated or hazardous waste samples is the recommendations, judgement or advice based on any responsibility of City. After said 30 days,City will be responsible inaccurate information furnished by City, or other to select and arrange for lawful disposal procedures that include subcontractors or consultants engaged by City. removal of samples from Consultant's custody and transporting them to a disposal site. City may request, or if City does not SECTION 2: SITE LOCATION,ACCESS,PERMITS, arrange for disposal, Consultant may deliver samples to City, APPROVALS AND UTILITIES freight collect,or arrange for lawful disposal and bill City at cost plus 15%. 2.1 City will indicate to Consultant the property lines of the site and assume responsibility for accuracy of markers. SECTION 4: FEE PAYMENT/CLAIMS 2.2 City will provide for right-of-way for Consultant personnel 4.1 Consultant will submit invoices to City monthly, and a final and equipment necessary to perform the work. invoice upon completion of work. Invoices will show charges based on the current Consultant Fee Schedule or other documents 2.3 City will be solely responsible for applying for and as attached. obtaining permits and approvals necessary for Consultant to perform the work. Consultant will assist City in applying for 4.2 To receive any payment on this Contract, the invoice or bill and obtaining such permits and approvals as needed. It is must include the following signed and dated statement: "I declare understood that City authorizes Consultant to act as agent for under penalty of perjury that this account,claim,or demand is-just City for City's responsibilities under this section including and correct and that no part of it has been paid." signing certain forms on City's behalf such as Right-of-Way forms. 4.3 The balance stated on the invoice shall be deemed correct unless City notifies Consultant, in writing,of the particular item 2.4 While Consultant will take reasonable precautions to that is alleged to be incorrect within ten(10)days from the invoice minimize any damage to property,it is understood by City that date. Consultant will review the alleged incorrect item within ten in the normal course of the work some damage may occur. The (10) days and either submits a corrected invoice or a statement correction of any damage is the responsibility of City or, at indicating the original amount is correct. City's direction, the damage may be corrected by Consultant and billed to City at cost plus 15%. Notwithstanding the 4.4 Payment is due upon receipt of invoice(or corrected invoice) above,Consultant agrees to be responsible for damage caused and is past due sixty(60)days from invoice date. On past due by Consultant's negligence. accounts,City will pay a finance charge of 1.5%per month on the City of Eden Prairie General Conditions Consultant Agreement December 2000 Page 1 of 4 unpaid balance,or the maximum allowed by law,whichever is work, except as and to the extent Consultant may, in its sole less, until invoice is fully paid. discretion,deem itself required by law to disclose. 4.5 If City fails to pay Consultant within sixty (60) days SECTION 6: DISPUTES/LIMITATIONS OF REMEDIES following invoice date, Consultant may deem the default a breach of its agreement, terminate the agreement, and be 6.1 In the event of a breach of Contract by City, the Consultant relieved of any and all duties under the agreement. City shall not be entitled to recover punitive,special or consequential however,will not be relieved of Fee Payment responsibilities damages or damages for loss of business. by the default or termination of the agreement. 6.2 City will pay all reasonable litigation or collection expenses 4.6 City will be solely responsible for applying for and including attorney fees that Consultant incurs in collecting any obtaining any applicable compensation fund reimbursements delinquent amount City owes under this agreement. from various state and federal programs. Consultant may assist City in applying for or meeting notification requirements, 6.3 If City institutes a suit against Consultant,which is dismissed, however. Consultant makes no representations or guarantees as dropped,or for which judgement is rendered for Consultant,City to what fund reimbursement City may receive. Consultant shall will pay Consultant for all costs of defense, including attorney not be liable for any reductions from reimbursement programs fees,expert witness fees and court costs. made for any reason by state or federal agencies,except as may be caused by Consultant's negligence. 6.4 If Consultant institutes a suit against City,which is dismissed, dropped,or for which judgement is rendered for City,Consultant 4.7 City may withhold from any final payment due the will pay City for all costs of defense, including attorney fees, Consultant such amounts as are incurred or expended by the expert witness fees and court costs. City on account of the termination of the Contract. 6.5 Dispute Resolution SECTION 5: OWNERSHIP OF DOCUMENTS 6.5.1 Mediation 5.1 Consultant will deliver to City certain reports as instruments of the professional work or services performed All claims, disputes and other matters in question (hereinafter pursuant to this Agreement. All reports are intended solely for "claim")between the parties to this Agreement,arising out of or City,and Consultant will not be liable for any interpretations relating to this Agreement or the breach thereof,shall be subject to made by others. mediation. If the parties have not resolved the dispute within thirty(30)days of receipt of a written complaint,each party may 5.2 City agrees that all reports and other work furnished to require the dispute be submitted for mediation. If the parties are City,or City's agents or representatives,which are not paid for, unable to agree on a mediator within ten (10) days following a will be returned to Consultant upon demand and will not be request for mediation,either party may request that a mediator be used by City for any purpose. appointed by the Fourth Judicial District Court. The parties agree to share equally all fees incurred in the mediation. 5.3 Unless otherwise agreed,Consultant will retain all pertinent records or reports concerning work and services performed for The parties shall submit to mediation for a minimum of eight(8) a period of at least two (2) years after report is submitted. hours. The parties agree that the mediation proceedings are During that time the records will be made available to City private and confidential. If,at the end of eight hours of mediation, during Consultant's normal business hours. City may obtain the parties have not resolved the dispute,the parties may agree to reproducible copies of all software,manuals,maps,drawings, extend hours of mediation. logs and reports at cost,plus 15%,for data and materials not being provided as part of the scope of work for the project. 6.5.2 Arbitration 5.4 City may use the Consultant report in its entirety and may At the option of the party asserting the same,a claim between the make copies of the entire report available to others. However, parties to this Agreement, arising out of or relating to this City shall not make disclosure to others of any portions or Agreement or the breach thereof, whereby the party or parties excerpts of a report constituting less than the entire report,or to asserting the same claims entitlement to damages or payment of mislead others by omitting certain aspects contained in the less than$25,000.00 in aggregate may be decided by arbitration in report. accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then existing unless the parties 5.5 Consultant will consider Project Information as confidential mutually agree otherwise. In the event any person shall and will not disclose to third parties information that it commence an action in any court for any claim arising out of or acquires,uncovers,or generates in the course of performing the relating to this Agreement or the breach thereof or the Project or City of Eden Prairie General Conditions Consultant Agreement December 2000 Page 2 of 4 construction thereof or any contract for such construction,the party making a claim in arbitration may dismiss such 7.4 Consultant will not be responsible or liable for the proceedings(unless the hearing on the claim has commenced) interpretation of its data or report by others. and elect to assert its claim in such action if such party could have done so but for the provisions of this Paragraph. SECTION 8: GENERAL INDEMNIFICATION The parties agree to bear equal responsibility for the fees of 8.1 Consultant will indemnify and hold City harmless from and AAA, including the arbitrator(s). Judgement upon the award against demands,damages,and expenses caused by Consultant's rendered by the arbitrator(s) may be entered in any court negligent acts and omissions, and breach of contract and those having jurisdiction thereof. negligent acts, omissions, and breaches of persons for whom Consultant is legally responsible. City will indemnify and hold In the event that arbitration services are not available from Consultant harmless from and against demands, damages, and AAA,either party may request that an arbitrator be appointed expenses caused by City's negligent acts and omissions, and by the Fourth Judicial District Court. breach of contract and those acts, omissions, and breaches of persons for whom City is legally responsible. 6.5.3 Compliance SECTION 9: INSURANCE/WORKER'S The parties deem the dispute resolution procedure as set forth COMPENSATION herein to be an integral and essential part of this Agreement. A party's failure to comply in all respects with this procedure 9.1 Consultant represents and warrants that it has and will shall be a substantial breach of this Agreement. The maintain during the performance of this agreement Worker's arbitrator(s)shall be authorized to assess costs and attorney's Compensation Insurance coverage required pursuant to Minn. fees against a party that has failed to comply with the procedure Stat. 176.18 I,subd.2 and that the Certificate of Insurance or the in all respects,and,may as a condition precedent to arbitration, written order of the Commissioner of Commerce permitting self require the parties to mediate in accordance with Section 6.5.1 insurance of Worker's Compensation Insurance coverage hereof. provided to the City prior to execution of this agreement is current and in force and effect. SECTION 7: STANDARD OF CARE 9.2 Consultant shall procure and maintain professional liability 7.1 Because no sampling program can prove the non-existence insurance for protection from claims arising out of professional or non-presence of contaminated conditions or materials services caused by any negligent act,error or omission for which throughout the "entire" site or facility, Consultant cannot Consultant is legally liable. warrant, represent, guarantee, or certify the non-existence or non-presence, or the extent of existence or presence, of 9.3 Certificate of insurance will be provided to City upon request. contaminated conditions or materials, and City's obligation under this agreement will not be contingent upon Consultant's SECTION 10: TERMINATION delivery of any warranties, representations, guarantees, or certifications. 10.1 The agreement between Consultant and City may be terminated by either party upon thirty-(30)days written notice. 7.2 Consultant's opinions,conclusions,recommendations,and report will be prepared in accordance with the proposal,scope 10.2 If the agreement is terminated prior to completion of the of work,and Limitations of Environmental Assessments and no project, Consultant will receive an equitable adjustment of warranties,representations,guarantees,or certifications will be compensation. made. Except that Consultant warrants that hardware and software will perform as represented in proposal and other parts of this agreement. 7.3 Although data obtained from discrete sample locations will be used to infer conditions between sample locations no guarantee may be given that the inferred conditions exist because soil, surface and groundwater quality conditions between sample locations may vary significantly,and because conditions at the time of sample collection may also vary significantly with respect to soil, surface water and groundwater quality at any other given time and for other reasons beyond Consultant's control. City of Eden Prairie General Conditions Consultant Agreement December 2000 Page 3 of 4 SECTION 11: ASSIGNMENT 17.1 The Consultant shall at all times abide by Minn.Stat. 13.01 et seq., the Minnesota Government Data Practices Act, to the 11.1 Neither party may assign duties,rights or interests in the extent the Act is applicable to data and documents in the performance of the work without obtaining the prior written possession of the Consultant. consent of the other party, which consent will not be unreasonably withheld. SECTION 18: DISCRIMINATION SECTION 12: DELAYS 18.1 In performance of this contract, the Consultant shall not discriminate on the grounds of or because of race,color,creed, 12.1 If Consultant is delayed in performance due to any cause religion,national origin,sex,marital status,status with regards to beyond its reasonable control, including but not limited to public assistance,disability,sexual orientation,or age against any strikes,riots,fires,acts of God,governmental actions,actions employee of the Consultant,any subcontractor of the Consultant, of a third party, or actions or inactions of City, the time for or any applicant for employment. The Consultant shall include a performance shall be extended by a period of time lost by similar provision in all contracts with subcontractors to this reason of the delay..Consultant will be entitled to payment for Contract. The Consultant further agrees to comply will all aspects its reasonable additional charges,if any,due to the delay. of the Minnesota Human Rights Act,Minn.Stat. 363.01,et seq., Title VI of the Civil Rights Act of 1964,and the Americans with SECTION 13: EXTRA WORK Disabilities Act of 1990. 13.1 Extra work, additional compensation for same, and SECTION 19: CONFLICTS extension of time for completion shall be covered by written amendment to this agreement prior to proceeding with any 19.1 No salaried officer or employee of the City and no member extra work or related expenditures. of the Board of the City shall have a financial interest,direct or indirect,in this contract. The violation of this provision renders SECTION 14: WITHHOLDING TAXES the Contract void. Any federal regulations and applicable state statutes shall not be violated. 14.1 No final payment shall be made to the Consultant until the Consultant has provided satisfactory evidence to the City that SECTION 20: ENTIRE AGREEMENT the Consultant and each of its subcontracts has complied with the provisions of Minn.Stat.290.92 relating to withholding of 20.1 This Agreement contains the entire understanding between income taxes upon wages. A certificate by the Commissioner the City and Consultant and supersedes any prior written or oral of Revenue shall satisfy this requirement. agreements between them respecting the written subject matter. There are no representations, agreements, arrangements or SECTION 15: AUDITS understandings, oral or written between City and Consultant relating to the subject matter of this Agreement which are not fully 15.1 The books,records,documents and accounting procedures expressed herein. and practices of the Consultant or other parties relevant to this Agreement are subject to examination by the City and either 20.2 The agreement between Consultant and City may be the Legislative Auditor or the State Auditor for a period of six modified only by a written amendment executed by both City and (6)years after the effective date of this Contract. Consultant. SECTION 16: PAYMENT TO SUBCONTRACTORS 20.3 This agreement is governed by the laws of the State of Minnesota. 16.1 The Consultant shall pay to any Subcontractor within ten (10)days of the Consultant's receipt of payment from the City for undisputed services provided by the Subcontractor. The Consultant shall pay interest of one and a half percent (1-1/2%)per month or any part of a month to a Subcontractor on any undisputed amount not paid on time to the Subcontractor. The minimum monthly interest penalty payment for an unpaid balance of$100.00 or more is$10.00. For an unpaid balance of less than $100.00, the Consultant shall pay the actual amount due to the Subcontractor. SECTION 17: DATA PRACTICES ACT COMPLIANCE City of Eden Prairie General Conditions Consultant Agreement December 2000 Page 4of4