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
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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
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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
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Outback Steakhouse ..
*1321 E 78th St
Bloomington, MN 55425
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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/
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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
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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.
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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
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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
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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
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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.
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REPORT DATED 9/9/04
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METROPOLITAN AIRPORTS COMMISSION
Minneapolis-Saint Paul International Airport
6040-28th Avenue South•Minneapolis,MN 55450-2799
r z Phone(612)726-8100
MAC to
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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.
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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
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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.
Total $5,215,000
G:\Brenda\Letter&Memos\Lambert 2005\Park Acquisition and Improvements 2005 Chart.doc Updated 3/31/05
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aPTION A p B
City Eden Prairie HiTh2Y11 mg.
$Natural Resources 7300 Edenvale Boulevard t' -�- . .�-...,M
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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
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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
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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
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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
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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
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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
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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