HomeMy WebLinkAboutCity Council - 03/08/2006 AGENDA
EDEN PRAIRIE CITY COUNCIL WORKSHOP&
OPEN FORUMIOPEN PODIUM
WEDNESDAY,MARCH 8,2006 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, Mary Keating, Communications Manager Pat Brink,Assistant to the
City Manager Michael Barone, City Attorney Amy Cralam, and Recorder Lorene McWaters
Heritage Room H
I. 2007 Budget Planning
Council Chamber
II. OPEN FORUM
III. OPEN PODIUM
IV. ADJOURNMENT
AGENDA
EDEN PRAIRIE CITY COUNCIL MEETING
WEDNESDAY,MARCH 8,2006 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 Deb Sweeny
I. ROLL CALL/CALL THE MEETING TO ORDER
II. PLEDGE OF ALLEGIANCE
III. COUNCIL FORUM INVITATION
IV. PRESENTATION OF FUND RAISING CHECK BY TUCKER ZANGS FOR
REPLACEMENT OF STARING LAKE SLIDE
V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
VI. MINUTES
A. COUNCIL WORKSHOP HELD TUESDAY,FEBRUARY 21,2006
B. CITY COUNCIL MEETING HELD T ESDAY FEBRUARY 21
.2006
VH. CONSENT CALENDAR
A. CLERK'S LICENSE LIST
B. DOYLE ADDITION by Dennis Doyle. Second Reading of the Ordinance for
Planned Unit Development District Review with waivers and Zoning District
Amendment within the Rural District on 12.1 acres.Location: 9980 Dell Road&
17950 Flying Cloud Drive. (Ordinance for PUD District Review with waivers
and Zoning District Amendment)
C. DOUGHTY ADDITION by Baton Building Company. Second Reading of the
Ordinance for Zoning District Change from Rural to R1-13.5 on 1.06 acres.
Location: 13200 Roberts Drive. (Ordinance for Zoning District Change)
D. RESOLUTION AMENDING RESOLUTION NO.2006-08 BY ADDING
THE MEETING DATES/TIMES FOR FLYING CLOUD AIRPORT
ADVISORY COMMISSION AND CONSERVATION COMMISSION
E. APPROVE ADDITIONAL CONSTRUCTION INSPECTION BUDGET
WITH SRF CONSULTING GROUP FOR THE TH 212/CHARLSON
ROAD IMPROVEMENT PROJECT,I.C.05-5638
CITY COUNCIL AGENDA
March 8, 2006
Page 2
F. APPROVE CONTRACT WITH FUNHOUSE CREATIVE GROUP TO
PRODUCE AN ECONOMIC DEVELOPMENT VIDEO-COMMERCIAL
G. APPROVE CONTRACT WITH KLM ENGINEERING,INC.,FOR
ENGINEERING SERVICES FOR RECONDITIONING OF WATER
TREATMENT PLANT WASH WATER STORAGE RESERVOIR
H. APPROVE REAL ESTATE EXCHANGE AGREEMENT BETWEEN THE
CITY OF EDEN PRAIRIE AND SCHOOL DISTRICT 272
VIII. PUBLIC HEARINGS/MEETINGS
A. PRIMROSE SCHOOL OF EDEN PRAIRIE by Primrose School Franchise
Company.Request for Planned Unit Development Concept Review on 1.8 acres;
Planned Unit Development District Review with waivers on 1.8 acres;Zoning
District Amendment within the Office Zoning District on 1.8 acres; Site Plan
Review on 1.8 acres.Location: 7800 Eden Prairie Road. (Resolution for PUD
Concept Review; Ordinance for PUD District Review with waivers and
Zoning District Amendment)
B. EDEN PLACE APARTMENTS CLUBHOUSE by RREEF.Request for
Planned Unit Development Concept Amendment on 32.7 acres;Planned Unit
Development District Review on 32.7 acres;Zoning District Amendment within
the RM-2.5 Zoning District on 32.7 acres Site Plan Review on 32.7 acres.
Location: 8680 Magnolia Trail. (Resolution for PUD Concept Amendment;
Ordinance for PUD District Review and Zoning District Amendment)
IX. PAYMENT OF CLAIMS
X. ORDINANCES AND RESOLUTIONS
XI. PETITIONS,REQUESTS AND COMMUNICATIONS
XII. REPORTS OF ADVISORY BOARDS & COMMISSIONS
XIIL APPOINTMENTS
A. 2006 BOARDS AND COMMISSIONS
B. 2006 BOARD OF APPEAL AND EQUALIZATION
C. 2006 BOARDS AND COMMISSIONS CHAIRS AND VICE CHAIRS
XIV. REPORTS OF OFFICERS
A. REPORTS OF COUNCILMEMBERS
CITY COUNCIL AGENDA
March 8,2006
Page 3
B. REPORT OF CITY MANAGER
1. Town Meeting on April 11
2. NLC Conference
3. Meetin!with Coneressman Ramstad's Office
C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR
1. MCA Wayfinding Update
D. REPORT OF PARKS AND RECREATION DIRECTOR
1. Renovation of Miller Park Field#11
2. Veterans Memorial Committee
3. Trail Connection to Riverview Road
4. Hockey Association Requests
E. REPORT OF PUBLIC WORKS DIRECTOR
F. REPORT OF POLICE CHIEF
G. REPORT OF FIRE CHIEF
H. REPORT OF CITY ATTORNEY
XV. OTHER BUSINESS
XVI. ADJOURNMENT
ITEM NO.: VI.A.
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL WORKSHOP&
OPEN FORUMIOPEN PODIUM
TUESDAY,FEBRUARY 21,2006 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
STATE LEGISLATORS: Senator David Hann,Representative Maria Ruud,Representative
Erik Paulsen
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, Mary Keating,Communications Manager Pat
Brink,Assistant to the City Manager Michael Barone, City Attorney Amy Cralam, and Recorder
Lorene McWaters
I. LEGISLATIVE ISSUES
Scott Neal introduced Rep.Erik Paulsen and Senator David Hann. Neal said Rep.Ruud
was hoping to attend the meeting,but was driving from Brooklyn Center and did not
know when she would arrive. (Note: Rep.Ruud did not make it to the meeting.)
Neal said he forwarded the Municipal Legislative Commission legislative agenda to the
legislators prior to the workshop. Neal asked them to comment on the upcoming session
and the MLC legislative priorities. Paulsen said the 2006 session has been purposely
scheduled to begin late and finish up by the third week of April,to avoid the problems the
legislature faced last year. He said the only priority for this year's session is the bonding
bill, so he does not anticipate much budgetary discussion. He does expect some property
tax initiatives to be advanced to relieve mandate pressures on school districts.He said
there is a billion dollars in reserves, a third of which is earmarked for tax relief. Hann
noted that the exact amount of money available is up in the air, since the budget forecast
has not yet been released. He said he has not heard anyone suggest that the $700,000 in
relief for schools should be used for anything else.
Hann said he expects eminent domain to be a hot topic. He said he would like to see the
original purpose of eminent domain preserved,but there are a couple of proposals to limit
its use,particularly in cases of simple economic redevelopment. Paulsen said he has
spoken to Matt Entenza regarding eminent domain, and Entenza expects eminent domain
legislation to pass virtually unanimously.
Council Workshop Minutes
February 21, 2006—page 2
In terms of bonding, Paulsen said he would like to see more resources for transit. Aho
asked about the proposal to dedicate the motor vehicle sales tax to transportation issues.
Paulsen said he does not expect any changes to the question,which has already been
approved for the ballot for November. Paulsen said he supports the proposal, and noted
that the 169/494 project would go forward almost immediately if the question passes.
Tom Poul,MLC lobbyist, said there are significant differences in what the MLC wants
and what the Auto Dealers Association is advocating. He said this proposal will be made
or broken in the details. MLC is supportive of reasonable changes, but may not be
willing to go quite as far as the Auto Makers would like.
Mayor Tyra-Lukens asked if there is any chance of getting language into the bonding bill
to eliminate the intermediary between the transit community and the State. She is
concerned that Met Council chose not to let all of the bonds possible in the past two
years. Poul said the problem arose because the"no tax"pledge resulted in Met Council
issuing only $32 million in bonds. He said all of the projects will be completed,but not
within the original time frame.
Mayor Tyra-Lukens asked the legislators to comment on the state's lack of a progressive
energy policy. Hann said the Governor is talking about the issue,but Hann is not sure if
any legislation will be passed during this session.
Tyra-Lukens said she would like to hear more about the Market Value Housing Credit
issue. Hann said he believes they are all on the same page on the issue; however, it is not
a budget year so the issue will not be taken up. He feels that MVHC money should go
directly back to tax payers,rather than through the cities. Neal agreed.
Councilmember Butcher asked about tax credits, specifically the historic preservation tax
credit that just missed passing last year. Hann said he has not heard this as an issue for
this year. Paulsen agreed, but said if it does not involve a large dollar amount it is more
likely to be put into play. Butcher said the historic preservation tax credit is an economic
development tool that a lot of states have in place. Hann said he will check on the status.
Neal noted that the fiscal disparities study is on the MLC agenda again, and he asked if
there is any chance of getting that approved this year. Paulsen said he believes it is wise
to pursue the study,because it will show the amount of money being drained out of Eden
Prairie to other communities. Case said no city that stands to lose money under reform
would support the study. Paulsen said that is the problem with any type of reform. Poul
said MLC has researched voting patterns, but there are only a small number of losers
under the current formula, and communities like Anoka and the City of St. Paul,which
receive a lot of money from the program,vehemently oppose changes. Poul believes
there are options that do not involve eliminating the program,but would make it fairer.
Paulsen said he has considered proposing changes to distribution,but has not taken any
formal steps yet. Poul said Governor Pawlenty has mentioned the possibility of looking
at applying fiscal disparity funds to specific issues, such as transportation.
Council Workshop Minutes
February 21, 2006—page 3
Hann said he does not know if the Anoka Stadium issue will be discussed this session.
He thinks chances are good that a Hennepin County stadium for the Twins will be
considered. Paulsen said he feels there is a lot of support for a Twins stadium.
Neal asked the legislators their positions on local control and accountability issues. Hann
said he is opposed to levy limits for school districts and cities. He said local officials are
elected to set the levy, and he does not support artificial caps. Paulsen said he has
supported limits in the past;however,he more strongly favors the reverse referendum
concept. Hann said he has mixed feelings about the taxpayers satisfaction survey.He
said he is not a whole-hearted supporter. Tyra-Lukens said she hopes that if the
legislature enacts a taxpayers satisfaction survey,they provide funds to support it.
Parks and Recreation Director Bob Lambert said language allowing the use of silencers
for deer management programs was close to passing last year, but the DNR declared they
would not issue permits to any local governments. Now a legislator from Ramsey
County is supporting silencer legislation. This legislator believes he will be able to enlist
the support of John Marty to pass the bill.
Hann asked Neal about a letter he received from the Lower Minnesota River Watershed
District advocating a levy to support dredging to keep the channel open. It is his
understanding that the levy would support private dredging as well. Neal said he is aware
of the request and will be researching it in further detail with Gene Dietz and Leslie
Stovring.
Community Development Director Janet Jeremiah asked about concern over language in
the motor vehicle tax ballot question that makes it sound as if it is a new tax rather than
an existing one. Poul said he was unaware of this issue.
Council Chamber
II. OPEN FORUM
A. John Mallo said he has contacted a number of people about placing a web cam in
an eagle's nest off a City trail in Eden Prairie. Parks and Rec Director Bob
Lambert expressed concerns about the idea. Scott Neal noted there are other
"eagle cam"sites on the internet already. Council expressed hesitation about
placing a camera if it might disrupt the eagles' nesting patterns.
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III. OPEN PODIUM
A. Molly Grove of the Minnesota Multi-housing Association addressed Council
about the proposed ordinance requiring inspections of rental housing units. She
asked that they delay the second reading of the ordinance to allow for more public
input.
IV. ADJOURNMENT
ITEM NO.: VI.B.
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL MEETING
TUESDAY,FEBRUARY 21,2006 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 Roger Pauly, and Council Recorder Deb Sweeney
I. ROLL CALL/CALL THE MEETING TO ORDER
Tyra-Lukens called the meeting to order at 7:00 p.m.
II. PLEDGE OF ALLEGIANCE
III. COUNCIL FORUM INVITATION
IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
MOTION: Aho moved, seconded by Case,to approve the agenda as published. Motion
carried 5-0.
V. MINUTES
A. COUNCIL WORKSHOP HELD TUESDAY,FEBRUARY 7,2006
MOTION: Butcher moved, seconded by Young, to approve the Council
Workshop minutes as published. Motion carried 5-0.
B. CITY COUNCIL MEETING HELD TUESDAY,FEBRUARY 7,2006
Case corrected his comments on the airport(p. 6 paragraph 3)to read"we"(the
Council) instead of"they"(the MAC)and"our"instead of"their."
MOTION: Case moved, seconded by Aho,to approve the City Council minutes
as published and amended. Motion carried 5-0.
VI. CONSENT CALENDAR
A. CLERK'S LICENSE LIST
CITY COUNCIL MINUTES
February 21,2006
Page 2
B. EDEN VIEW ESTATES by Insignia Development, LLC. Second Reading of the
Ordinance for Planned Unit Development District Review with waivers and
Zoning District Amendment in the Rural Zoning District on 8.00 acres. Location:
17650 Flying Cloud Drive. (Ordinance No. 3-2006 for PUD-2-2006 District
Review with waivers and Zoning District Amendment)
C. AGING JOYFULLY by Ken and Joy Hansen. Second Reading of the Ordinance
for Planned Unit Development District Review with waivers and Zoning District
Change from Office to RM-6.5 on 1.61 acres. Location: 13050 Pioneer Trail.
(Ordinance No. 6-2006 for PUD-5-2006 District Review with waivers and
Zoning District Change)
D. APPROVE SECOND READING OF ORDINANCE NO. 7-2006
AMENDING CITY CODE CHAPTER 5 BY ADDING NEW SECTION 5.72
ENTITLED LICENSING OF RENTAL HOUSING AND ADOPT
RESOLUTION NO.2006-26 APPROVING SUMMARY ORDINANCE
E. ADOPT RESOLUTION NO.2006-27 APPROVING THE FINAL PLAT OF
EDEN VIEW ESTATES
F. AWARD BID FOR LIGHTING OF ROUND LAKE PARK FIELD#4 TO
GUNNAR ELECTRIC
G. APPROVE SOFTWARE SALE AND LICENSE AGREEMENT WITH
TECHNICAL DIFFERENCE.INC.FOR THE PURCHASE AND
IMPLEMENTATION OF PEOPLE-TRAK(HUMAN RESOURCES
INFORMATION SYSTEM)
Aho pulled Item D for discussion. He noted he had gotten a lot of feedback that property
owners had not had opportunity to comment on the ordinance. For example, one concern
was that owners would have a disincentive to call the police if they would lose their
license if there were too many calls on the unit. He recommended postponing action to
collect input. Tyra-Lukens noted property owners might not have been in the loop,but
the intent was good. She agreed Council discussion was warranted.
Case said the idea of licensing rental housing came from Staff, but seemed like a good
idea to Council as well. The key issue is whether the ordinance helps make sure units are
safe. The City had no legal obligation to notify,but still did notify property managers(as
opposed to owners,who might be out-of-state). Cost is not the issue either.The cost is
only 90 cents per unit per month after the first unit. Case said the ordinance is the right
thing to do and expressed concern that re-opening the process could cause delay.
Young concurred the intent of the ordinance was good and the cost appropriate. Hearing
out the owners would be fine,but he expected to continue to support the program and its
cost unless compelling new arguments came to light.
CITY COUNCIL MINUTES
February 21,2006
Page 3
Neal noted the rental housing inspection program is the third step in four actions,begun
about a year and a half ago,regarding rental housing. The first two actions concerned
exterior maintenance and having a clean site. If the rental inspection ordinance passes,
the final step would be to implement a point-of-sale inspection ordinance. Other cities
have similar ordinances, so the City would not be breaking new ground. Regarding
notification,Neal noted even representatives from the multifamily housing association
agreed the City had gone above and beyond the required newspaper notice by inviting
property managers,who had not shown much interest. Council needs to decide how to
react to people who don't show up for the public hearing but complain later. Neal said
the program is good and that it is appropriate for the primary beneficiaries to bear the
cost. He recommended proceeding with approval.
Butcher said her understanding from the managers' association was that they mainly
wanted Council to examine and discuss the issue in depth. The ordinance will protect
safety,not just for one unit,but for all those around it. Butcher said she had reviewed the
ordinance and felt very comfortable with it.
Tyra-Lukens said she also supported passage. The concept is closely modeled after other
cities. Council should implement the program, notify public safety of the issues raised,
and have them report any impacts in a year. Young asked Esbensen to comment.
Esbensen said the City looked at about a dozen of other communities' ordinances. The
Eden Prairie ordinance is extremely similar to those of Chanhassen, Chaska, Plymouth,
and Maple Grove. Aho asked if the costs in those communities are also similar.
Esbensen said yes, Eden Prairie's costs are right in the middle.
Aho said he was comfortable passing the ordinance,with Council's intent made clear and
with the commitment to evaluate its impacts in a year.
MOTION: Butcher moved, seconded by Aho,to approve Items A-G on the Consent
Calendar. Motion carried 5-0.
VII. PUBLIC HEARINGS/MEETINGS
A. HORIZON PLACE by Commercial Horizons, Inc.Request for: Comprehensive
Guide Plan Change from Medium Density Residential to Regional Commercial
on 1.74 acres; Planned Unit Development Concept Review on 7.52 acres; Planned
Unit Development District Review on 5.87 acres;Zoning District Change from
Rural to Commercial Regional Service on 1.74 acres; Site Plan Review on 5.87
acres; Preliminary Plat of 7.52 acres into 1 lot and road right of way.Location:
Birdies Re-development. (Resolution No.2006-28 for Guide Plan Change;
Resolution No.2006-29 for PUD Concept Review; Ordinance for PUD
District Review and Zoning District Change; Resolution No.2006-30 for
Preliminary Plat)
Neal explained this project is a 29,000 square foot commercial development
consisting of an 11,000 square foot retail strip building and 18,000 square foot
Office Max. A 1.74-acre portion of the project will require a guide plan change
CITY COUNCIL MINUTES
February 21,2006
Page 4
from Medium Density Residential to Regional Commercial. This land use may
be appropriate for the following reasons:
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1. The property is adjacent to Commercial Regional Service land uses to the
north.
2. The site is adjacent to Highway 212.
The PlanningCommission voted 8-0 to recommend approval of the project to the
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City Council.
Case noted the area would probably shift from 5%impervious surface to 95%as a
result of development. He asked about ponding. Jeremiah said the project will
use existing ponds on the west side of Columbine,which are sized appropriately.
Tyra-Lukens asked where the 1.74 acres are located. Jeremiah said it is a small
triangle on the southeast portion of the site. It would not be usable for residential
development in any case. Aho asked if the project fits with the MCA plan, and
Jeremiah confirmed it does. There were no comments from the public.
MOTION: Case moved, seconded by Aho,to close the Public Hearing; adopt
Resolution No. 2006-28 for Guide Plan Change from Medium Density Residential to
Regional Commercial on 1.74 acres;adopt Resolution No.2006-29 for Planned Unit
Development Concept Review on 7.52 acres;approve 1 st Reading of the Ordinance
for Planned Unit Development District Review with waivers, and Zoning District
Change from Rural to Commercial Regional on 1.74 acres; adopt Resolution No.
2006-30 for Preliminary Plat on 7.52 acres into one lot and road right of way; and
direct Staff to prepare a Development Agreement incorporating Staff and
Commission recommendations and Council conditions. Motion carried 5-0.
B. LONE OAK CENTER by Dove Capital LLC.Request for: Guide Plan Change
from Regional Commercial to Community Commercial on 5.27 acres;Planned
Unit Development Concept Review on 5.27 acres; Planned Unit Development
District Review with waivers on 5.27 acres;Zoning District Change from
Commercial Regional Service to Community Commercial on 5.27 acres; Site Plan
Review on 5.27 acres;Preliminary Plat on 5.27 acres into 3 lots and road right-of-
way. Location:Northwest Corner of Lone Oak&Mitchell Rd (Resolution No.
2006-31 for Guide Plan Change; Resolution No.2006-32 for PUD Concept
Review; Ordinance for PUD District Review with waivers and Zoning
District Change; Resolution No.2006-33 for Preliminary Plat)
Neal said the project consists of 34,740 square feet of retail uses consisting of a
pharmacy,retail shops and a bank on three lots. A Guide Plan change from
Regional Commercial to Community Commercial is proposed. This request may
have merit since the centrally located site is more appropriate to serving a
community wide area. Regional Commercial uses are more appropriate near the
to he waivers
Major Center Area. The proposed waivers are similar in naturet
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that were granted for the underlying 2000 project for a hotel and restaurant. The
platting of the property for marketing purposes creates the lot size, dimension and
zero lot line setback waivers. Granting the waivers provides for additional road
CITY COUNCIL MINUTES
February 21,2006
Page 5
right-of-way for ownership of a sidewalk and provides for wider sidewalks in
front of the buildings.
The Planning Commission voted 5-0 to recommend approval of the project to the
City Council at its January 23, 2006 meeting. Jeremiah noted the project would
require a traffic signal and the developer will pay all the costs.
Butcher asked if the entrance to the development would be off Lone Oak Road.
Jeremiah said this would be the primary entrance,but there will also be a right
in/out only onto Mitchell Road. A right turn lane would be added to Mitchell
Road and the developer would construct it. Tyra-Lukens noted good signage
would be needed to direct traffic to Lone Oak Road. Jeremiah said there would
be monument signage consistent with the design of the overall project.
Case noted a NURP pond seems to overlap a wetland and asked how this affects
credits. Dietz explained there are two types of credits,wetland and public value.
NURP ponds count toward the public value credits. The environmental
coordinator was involved with the plan design.
Case lamented the lack of breakfast restaurants in Eden Prairie and asked if the
City could encourage development of certain amenities. Jeremiah said the City
does bring up perceived deficiencies in the retail and restaurant market.
Butcher asked for further detail on signs—how high would they be? Would they
be illuminated? Jeremiah said there would be a low monument sign and signage
on buildings. Only the bank and the office would be visible from Highway 5.
Tyra-Lukens asked that details of the sign plan be provided at the next reading.
Young noted one of the properties is City property and asked the date of the
closing. Jeremiah said it would be on April 14,2006. There were no comments
from the public.
MOTION: Aho moved, seconded by Butcher,to close the Public Hearing; adopt
Resolution 2006-31 for Guide Plan Change from Regional Commercial to
Community Commercial on 5.27 acres; adopt Resolution No.2006-32 for
Planned Unit Development Concept Review on 5.27 acres; approve 1 st Reading
of the Ordinance for Planned Unit Development District Review with waivers,
and Zoning District Change from Commercial Regional Service to Community
Commercial on 5.27 acres; adopt Resolution No.2006-33 for Preliminary Plat of
5.27 acres into 3 lots and road right-of-way;and direct Staff to prepare a
Development Agreement incorporating Staff and Commission recommendations
and Council conditions. Motion carried 5-0.
C. SITE ALTERATION PERMITS#2006-01-0004 Riley-Jacques Farm, 9100
Riley Lake Road. To permit the placement of a new park entrance identification
sign at the farm along Lake Riley Road.
CITY COUNCIL MINUTES
February 21,2006
Page 6
Neal explained the next two items relate to sign alterations. Because the
properties are historic,a special process must be followed. The Heritage
Preservation Commission has reviewed an application for a Site Alteration Permit
for the Riley-Jacques Farm located at 9100 Riley Lake Road. The application is
for placement of a new park entrance identification sign at the farm along Lake
Riley Road.There is currently no sign at the entrance to the property.
The Heritage Preservation Commission reviewed the Site Alteration Permit
application and color renditions of the new City park entrance signs and voted in
favor(5-0) for placement of one six(6) feet tall by three(3) feet wide sign,which
identifies the site as the Riley-Jacques Farm,Eden Prairie Heritage Site.The
Commission further recommends that future plantings at this location be limited
to native grasses and flowers. There were no comments from the public.
MOTION: Butcher moved, seconded by Case, to close the Public Hearing; and
adopt the Findings and Approve Heritage Preservation Site Alteration Permit
#2006-01-0004(Riley-Jacques Farm). Motion carried 5-0.
D. SITE ALTERATION PERMITS#2006-02-0005 Fredrick-Miller Spring, 9995
Spring Road. To permit the placement of one new park entrance identification
sign at the spring site along Spring Road.
Neal explained the Heritage Preservation Commission has reviewed an
application for a Site Alteration Permit for the Fredrick-Miller Spring located at
9995 Spring Road. The application is for replacement of one new park entrance
identification sign at the spring site along Spring Road. The sign now located at
the spring is going to be replaced with the newly designed City sign.
The Heritage Preservation Commission reviewed the Site Alteration Permit
application and color renditions of the new City park entrance signs and voted in
favor(5-0) for placement of one five (5) feet tall by three(3)feet wide sign,
which identifies the site as Fredrick-Miller Spring, Eden Prairie Heritage Site.
The Commission further recommends that future plantings at this location be
limited to native grasses and flowers.
Case noted that federal law requires this review and that having Staff dedicated to
historic preservation prevents having to hire a subcontractor. He noted historic
properties are named after the first and last owners. The ruins of the Frederick
homestead still exist on the site.
MOTION: Case moved, seconded by Young, to close the Public Hearing; and
adopt the Findings and Approve Heritage Preservation Site Alteration Permit
#2006-02-0005 (Fredrick-Miller Spring). Motion carried 5-0.
CITY COUNCIL MINUTES
February 21,2006
Page 7
E. CDBG FUNDING RECOMMENDATIONS (RESOLUTION NO. 2006-34)
Tyra-Lukens noted this item is for Community Development Block Grant
allocation, a federal grant for human services. Neal said 2006 CDBG Funding is
$267,766.00, a decrease from $296,889.00 in 2005, and the amount of money
available for distribution to human services providers under the 15%guideline is
$40,165.00. The Human Services Review Committee reviewed the 2006 CDBG
proposals and recommended the following activities be funded.
# Human Services Activity Funding County
Level Priority
I PROP(People Reaching Out to Other People) $13,000 High
2 GMDCA Child Care Subsidy) $13,000 High
3 HOME (Household & Outside Maintenance for $6,000 High
the Elderly)
4 HomeLine Tenant's Advocacy Service $5,000 High
5 Emergency Vehicle Repair $3,165 High
Sub Total $40,165
Housing Activities Funding County
Level Priority
6 Housin Rehabilitation Deferred Loan Program $45,469 1 High
7 Affordable Housing/Land Trust $150,000 High
8 Fair Housing Initiative $2,678 High
9 Program Administration $29,454
Grand Total $267,766
Case noted this is a federal pass-through for Hennepin County cities. Neal noted
the City began contracting with Minnetonka last year for program administration
when the County raised its costs.
MOTION: Young moved, seconded by Aho, to close the public hearing; and
adopt Resolution No. 2006-34 approving the use of 2006 CDBG funds as
recommended by the Eden Prairie Human Services Committee. Motion carried
5-0.
VIII. PAYMENT OF CLAIMS
MOTION: Butcher moved, seconded by Case,to approve Payment of Claims as
submitted. The motion carried on a roll call vote with Aho, Butcher, Case,Young and
Tyra-Lukens voting"aye."
IX. ORDINANCES AND RESOLUTIONS
A. FIT CITY RESOLUTION(NO.2006-35)
CITY COUNCIL MINUTES
February 21,2006
Page 8
Tyra-Lukens said the governor's Fit City program targets the problem of obesity.
The City already meets many of the criteria,which include walkablility,trails,
and education. Staff has applied for the designation. Neal reiterated the City
should qualify easily. Some kind of publicity function would be planned if the
City were recognized.
MOTION: Case moved, seconded by Young,to adopt Resolution No.2006-35
affirming activity-friendly commitments. Motion carried 5-0.
B. RESOLUTION NO.2006-36 APPOINTING YOUTH DELEGATE TO NLC
CONGRESSIONAL CITIES CONFERENCE
This item was discussed immediately after the consent calendar. Neal
recommended Council designate Mr.Neal Younghans as the City's official youth
delegate to the National League of Cities 2005 Congressional Cities Conference
in Washington, DC. Mr.Younghans is a student at Eden Prairie High School and
the son of Councilmember Butcher. The designation grants access to more
experiences while at the conference. There is no cost to the City. Mr.
Younghans' costs are financed by private sources. Neal said the conference is
open to anyone who wishes to attend, and is a fascinating event.
MOTION: Case moved, seconded by Aho,to adopt Resolution No. 2006-36
appointing youth delegate to the NLC Congressional Cities Conference in
Washington,DC, in March 2006. Motion carried 4-0 with Butcher abstaining.
X. PETITIONS.REQUESTS AND COMMUNICATIONS
XI. REPORTS OF ADVISORY BOARDS& COMMISSIONS
XH. APPOINTMENTS
XIII. REPORTS OF OFFICERS
A. REPORTS OF COUNCILMEMBERS
B. REPORT OF CITY MANAGER
C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR
D. REPORT OF PARKS AND RECREATION DIRECTOR
1. Third Rink Feasibility Study
Lambert presented results from his study,requested by Council one month
earlier, on the feasibility of adding a third rink to the Community Center.
In 2000, a resident group did a detailed feasibility study,which determined
a definite need for a third rink during prime seasons and hours. Six years
CITY COUNCIL MINUTES
February 21,2006
Page 9
later,the need is still there. The amount of ice time purchased, especially
during the prime October to March season, continues to indicate demand.
In addition,Lambert said he had received an inch and a half of email
supporting the need and describing the odd hours at which young people
were needing to skate.
The historic Council position has been to provide land for a third rink and
also to sell lease revenue bonds for whatever the rink would generate(an
estimated$1.1 million). Lambert presented three options for going
forward. A covered,refrigerated rink, including footings so that it could
eventually be enclosed,would cost$2.5 million. Enclosing the rink in the
cheapest possible way(with tip-up panels)would raise the price to$2.9
million. Enclosing the rink to the same standard as the current rink would
cost$3.1 million. Assuming the City were able to sell $1.1 million in
lease revenue bonds,the balance would then be about$2 million or a little
less.
Lambert explained the Hockey Association is asking the City to match
their funds 1:1 for at least the open-sided rink(about a$750,000 match).
They would like the City to match the full$1 million, should their
fundraising be successful. The Hockey Association is also asking the
Council for permission to offer donor incentives such as listing names of
donors in the lobby, sponsoring ads on signage or on the boards, and
granting naming rights. The Association would also like to know if these
incentives could be offered only for the new rink, or for the existing rinks
as well.
Lambert noted that the normal process would be to go through the Parks
Commission. However,the Association would like to start fundraising
immediately before the hockey season ends and they lose touch with their
members. The Association would like a decision on the matching now.
The philosophical decisions about naming rights, signs, etc. can go
through the Parks process for further discussion.
Case said he had supported a new rink for 7-8 years and supported the
match. The match would provide an incentive to raise more. Case said
some people saw the timing of the rink as political,but the rink has been
planned for a long time. This is the right package and the right time.
Young also supported the match up to the full $1 million, saying few
things are more important than youth athletics. Running the signage issue
through Parks is a good plan. He pointed out use of CIP funds is a
Council decision anyhow, so there is no point in referring that decision.
Young emphasized the City already has the CIP funds in hand so that no
taxes would be raised to support the rink. Fees also help support the costs.
CITY COUNCIL MINUTES
February 21,2006
Page 10
Aho supported the match.As a hockey coach,he appreciated the plight of
players. He praised the funding plans as a creative solution that did not
raise taxes. A fully enclosed building would be much more functional,
especially for off-peak use for sports like lacrosse.
Butcher supported the rink as a hockey mom. The building should reflect
the community's high standards. She noted all sports are subsidized,but
hockey is the least subsidized sport despite being one of the most
expensive. It would be interesting to find out the cost per participant and
the subsidy for the different activities. She applauded the Hockey
Association's creativity and held it up to other associations wishing to
make things happen.
Case underscored that hockey P Y a s its own way. The Hockey Association
should consider, however,how this project would affect parental fees.
Increased fees could support the bonds, but it is important not to price
parents out of the sport.
Butcher asked Lambert to clarifysome of the misconceptions in the
P
community regarding the project. Lambert emphasized the project was
not funded in the referendum. It is also not strictly true that hockey"pays
its own way." After all, asking for a million dollars is a pretty significant
subsidy, and the City also maintains the outdoor rinks. However,hockey
is the only sport that not only covers all its operating costs,but also
contributes to facilities. With the escalating demand for sports facilities,
and premiere facilities at that,the City will not be able to keep up without
starting to charge associations. For example,the fields at Miller Park may
need to be replaced on more of a user pay system. Associations will need
successful fundraising and/or higher fees to maintain and grow facilities.
Finally,while CIP money is available, using it for a rink means it is not
available for other parks projects. It is not easy to prioritize.
Tyra-Lukens supported the project. There will be more information after
the revenue bonds go to bond counsel. She did not have a strong
preference for the open-sided vs.the more substantial rink. She proposed
approaching the curlers who wanted to open a club here. Signs should
priced so they don't proliferate—we don't want$5 signs plastered
everywhere—but the Parks Commission is the right way to evaluate them.
�'�' g Y
Lambert underlined that passing the motion did not guarantee a rink would
be built. The real decision would be made a year from now after plans,
specs, and bids have been worked out and the success of the Association's
fundraising is determined. The City would agree to match from $750,000
to $1 million, but there is no commitment to build the rink if the
Association raises less than$750,000.
CITY COUNCIL MINUTES
February 21,2006
Page 11
MOTION: Case moved, seconded by Butcher,to accept the report of the
Parks and Recreation Director regarding the feasibility of the third rink;
direct staff to forward this report and the Hockey Association requests to
the Parks, Recreation and Natural Resources Commission for their
consideration at their March 6 meeting, direct staff to bring their
recommendation regarding naming rights and selling advertising in the
rink back to the Council at the March 8 meeting; and approve the request
to match up to one million dollars toward the third rink provided it is
raised by the date the bid is awarded. Motion carried 5-0.
2. Updated Five Year Capital Improvement Plan/Park Dedication Fees
&Donations
Lambert noted no formal action is requested. The Council requested
further information on the five-year CIP plan. This version reflects the
changes required by the third rink project. An additional $1 million went
to Miller Park fields for safety and usability. The plan changes frequently
as bids and new information are received the costs are all rough
estimates. However, it does present a list of projects for discussion.
Lambert said he would continue to update Council as the plan changes.
The City is expecting about half a million in cash parks fees this year,
which represents a drop from the $1 million pace of previous years. Some
day these funds will drop off even more dramatically.
3. Recommendation to Initiate Conversion of LAWCON Property
Lambert said the acquisition of the Picha addition to Birch Island Woods
presents an opportunity for the conversion of the loss of LAWCON
property at Staring Lake Park associated with the Cummins-Grill
homestead. There should be credits left over since the Picha parcel is
more valuable. Butcher asked if SHIPO approval would be required, since
the homestead is a historic site. Lambert said yes and did not anticipate a
problem, since the alternative is letting the building fall apart. The success
of the Dunn Bros project shows this kind of arrangement can work. The
driveway changes associated with the Pioneer Trail expansion would also
have to be approved by SHIPO.
Lambert said the City would have to convert the loss of parkland in the
new Pioneer Trail right-of-way as well. The total acreage will depend on
the final road plan. Case asked for confirmation that the City has to
replace the LAWCON land even if the County takes it for the road.
Lambert said there would be some County dollars but the City will have to
share the cost. Case asked if acquiring the Riley Lake parcel might be a
possibility, since it would count as contiguous parkland. Lambert said his
first choice would be to add to Staring Lake Park since land is being taken
from it, but if not; other parkland of equal or greater value would serve.
Case characterized the process as a pass-through to help accomplish other
CITY COUNCIL MINUTES
February 21,2006
Page 12
goals. The tree loss in the Pioneer Trail right-of-way,however, is hard to
replace.
MOTION: Butcher moved, seconded by Case,to authorize City staff to
initiate the request to the Minnesota Department of Natural Resources and
the National Park Service to remove approximately one acre surrounding the
historic Cummins-Grill House from the LAWCON boundary of Staring
Lake Park and acquire, as replacement, new parkland adjacent to Birch
Island Woods; and authorize staff to submit this request to the State Historic
Preservation Office to obtain their necessary approvals to this request.
Motion carried 5-0.
E. REPORT OF PUBLIC WORKS DIRECTOR
F. REPORT OF POLICE CHIEF
G. REPORT OF FIRE CHIEF
H. REPORT OF CITY ATTORNEY
XIV. OTHER BUSINESS
XV. CLOSED SESSION TO DISCUSS PERSONNEL ISSUE
Pauly requested the Council move to closed session to discuss a complaint filed with the
Minnesota Human Rights Commission regarding an employment issue. Attorney-client
privilege justifies the closure.
XVI. ADJOURNMENT
MOTION: Case moved, seconded by Young,to adjourn the meeting and move into
closed session. Motion carried 5-0. The meeting adjourned at 8:30 p.m.
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar March 8, 2006
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII.A.
Christy Weigel,Police/ Clerk's License Application List
Community Investigations Unit
These licenses have been approved by the department heads responsible for the licensed activity.
Temporary Liquor
Organization: City of Eden Prairie
(Municipal Liquor Stores)
Event: Wine Tasting
Date: 03/30/2006
Place: Garden Room, Eden Prairie City Center
2006 Renewal Licenses
Solid Waste Collector
Alpha Construction
- 1 -
CITY COUNCIL AGENDA DATE: March 8,2006
SECTION: Consent Agenda
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII. B.
Community Development/Planning Doyle Addition
Janet Jeremiah
Scott Kipp
Requested Action
Move to:
• Approve 2nd Reading of the Ordinance for Planned Unit Development District Review with
waivers, and Zoning District Amendment within the Rural District on 12.1 acres and
• Approve the Development Agreement for Doyle Addition; and
• Approve and Authorize Issuance of a Grading Permit for Doyle Addition, subject to
release by the City Engineer upon determination that the final contract documents
conform to plans stamp dated December 7, 2005, as approved by the City Council.
Synopsis
This is a two lot single family development located at 9980 Dell Road& 17950 Flying Cloud
Drive.
Attachments
1. Ordinance for PUD District Review
2. Summary Ordinance
3. Development Agreement
DOYLE ADDITION
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
SUMMARY OF
ORDINANCE NO.4-2006-PUD-3-2006
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AMENDING THE
ZONING OF CERTAIN LAND WITHIN ONE DISTRICT,AND ADOPTING BY
REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99,WHICH,AMONG
OTHER THINGS,CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA,ORDAINS:
Summary: This ordinance allows amendment of the zoning of land located at 9980
Dell Road and 17950 Flying Cloud Drive within the Rural Zoning District. Exhibit A, included
with this Ordinance, gives the full legal description of this property.
Effective Date: This Ordinance shall take effect upon publication.
ATTEST:
Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor
PUBLISHED in the Eden Prairie Sun Current on
(A full copy of the text of this Ordinance is available from City Clerk.)
DOYLE ADDITION
CITY OF EDEN PRAIRIE,
HENNEPIN COUNTY,MINNESOTA
ORDINANCE NO.4-2006-PUD-3-2006
AN ORDINANCEMINNESOTA,AMENDING
OF THE CITY OF EDEN PRAIRIE,MINNE ,
CERTAIN LAND WITHIN A ZONING DISTRICT,AMENDING THE LEGAL
DESCRIPTIONS OF LAND IN EACH DISTRICT,AND,ADOPTING BY REFERENCE
CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH,AMONG OTHER THINGS,
CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA,ORDAINS:
Section 1. That the land which is the subject of this Ordinance (hereinafter,the
"land") is legally described in Exhibit A attached hereto and made a part hereof.
Section 2. That action was duly initiated proposing that the land be amended within
the Rural Zoning District 4-2006-PUD-3-2006(hereinafter "PUD-3-2006-Rural).
Section 3. The City Council hereby makes the following findings:
A. PUD-3-2006-Rural is not in conflict with the goals of the Comprehensive Guide
Plan of the City.
B. PUD-3-2006-Rural is designed in such a manner to form a desirable and unified
environment within its own boundaries.
C. The exceptions to the standard requirements of Chapters 11 and 12 of the City
Code that are contained in PUD-3-2006-Rural are justified by the design of the
development described therein.
D. PUD-3-2006-Rural is of sufficient size, composition, and arrangement that its
construction, marketing, and operation is feasible as a complete unit without dependence
upon any subsequent unit.
Section 4. The land shall be subject to the terms and conditions of that certain
Development Agreement dated as of March 8, 2006, entered into between Dennis Doyle and
Margaret Ann Doyle, and the City of Eden Prairie, (hereinafter"Development Agreement").
The Development Agreement contains the terms and conditions of PUD-3-2006-Rural, and are
hereby made a part hereof.
Section 5. The proposal is hereby adopted and the land shall be and hereby is
P P Y p � Y
amended within the Rural District and shall be included hereafter in the Planned Unit
Development 3-2006-Rural, and the legal descriptions of land in each district referred to in City
Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly.
Section 6. City Code Chapter 1 entitled "General Provisions and Definitions
Applicable to the Entire City Code Including Penalty for Violation"and Section 11.99 entitled
"Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated
verbatim herein.
Section 7. This Ordinance shall become effective from and after its passage and
publication.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the
17t'day of January, 2006, and finally read and adopted and ordered published in summary form
as attached hereto at a regular meeting of the City Council of said City on the 8th day of March,
2006.
ATTEST:
Kathleen A. Porta, City Clerk Nancy Tyra-Lukens, Mayor
PUBLISHED in the Eden Prairie Sun Current on 2006.
EXHIBIT A
Legal Description — Doyle Addition
That part of the Southeast'/4 of the Southeast '/4 of Section 30,Township 116, Range 22,
Hennepin County,Minnesota, described as follows:
Commencing at the Northeast Corner of the West 3/4 of said Southeast '/4 of the Southeast '/4;
thence Westerly along the North line of said Southeast'/4 of the Southeast'/4 a distance of
680.00 feet to the actual point of beginning;thence Southerly parallel with the East line of
said Southeast'/4 of the Southeast '/4 to the Northerly right of way line of State Highway No.
169 and 212;thence Westerly along said right of way line to the West line of said Southeast
'/4 of the Southeast'/4;thence Northerly along said West line to the Northwest corner of said
Southeast%4 of the Southeast%4;thence Easterly along the North line of said Southeast'/4 of
the Southeast '/4 to the point of beginning, according to the United States Government Survey
thereof and situated in Hennepin County, Minnesota.
Together with easement for road purposes as contained in Quit Claim Deed filed of
record September 9, 1954, as document No. 2896446.
That part of the Northeast Quarter of the Southeast Quarter of Section 30, Township 116 North,
Range 22 West of the 5t'Principal Meridian lying South and West of Dell Road as the same is
now laid out, also known as Town Road, according to the United States Government Survey
thereof and situated in Hennepin County, Minnesota.
CITY COUNCIL AGENDA DATE: March 8, 2006
SECTION: Consent Agenda
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII. C.
Community Doughty Addition
Development/Planning
Janet Jeremiah
Regina Herron
Requested Action
Move to:
• Approve 2nd Reading of the Ordinance for Zoning District Change from Rural to Rl-
13.5 on 1.06 acres; and
• Approve the Development Agreement for Doughty Addition; and
• Approve and Authorize Issuance of a Grading Permit for Doughty Addition, subject
to release by the City Engineer upon determination that the final contract documents
conform to plans stamp dated November 10, 2005, as approved by the City Council.
Synopsis
This is a two-lot single family development.
Attachments
1. Ordinance for Zoning District Change
2. Summary Ordinance Zoning District Change
3. Development Agreement
DOUGHTY ADDITION
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
ORDINANCE NO 5-2006-PUD-4-2006
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,REMOVING
CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER,
AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND
ADOPTING BY REFERENCE CITY CODE CHAPTER 11 AND SECTION 11.99
WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA, ORDAINS:
Section 1. That the land which is the subject of this Ordinance (hereinafter,the .
"land") is legally described in Exhibit A attached hereto and made a part hereof.
Section 2. That action was duly initiated proposing that the land be removed from the
Rural District and be placed in the R1-13.5 District.
Section 3. The proposal is hereby adopted and the land shall be, and hereby is
removed from the Rural District and shall be included hereafter in the R1-13.5 District, and the
legal descriptions of land in each District referred to in City Code Section 11.03, Subdivision 1,
Subparagraph B, shall be, and are amended accordingly.
Section 4. City Code Chapter 1, entitled"General Provisions and Definitions
Applicable to the Entire City Code Including Penalty for Violation"and Section 11.99,
"Violation a Misdemeanor"are hereby adopted in their entirety, by reference, as though repeated
verbatim herein.
Section 5. The land shall be subject to the terms and conditions of that certain
Development Agreement dated as of March 2,2006, entered into between Baton Building
Company,and the City of Eden Prairie, and which Agreement are hereby made a part hereof.
Section 6. This Ordinance shall become effective from and after its passage and
publication.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the
5t'day of December, 2005, and finally read and adopted and ordered published in summary form
as attached hereto at a regular meeting of the City Council of said City on the 8t' day of March,
2006.
ATTEST:
Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor
PUBLISHED in the Eden Prairie Sun Current on
DOUGHTY ADDITION
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
SUMMARY OF
ORDINANCE NO. 5-2006-PUD-4-2006
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,REMOVING
CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER,
AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND
ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99,
WHICH,AMONG OTHER THINGS,CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA,ORDAINS:
Summary: This ordinance allows rezoning of land located 13200 Roberts Drive from
the Rural Zoning District to the R1-13.5 Zoning District on 1.06 acres. Exhibit A, included with
this Ordinance, gives the full legal description of this property.
Effective Date: This Ordinance shall take effect upon publication.
ATTEST:
Kathleen Porta, City Clerk Nancy Tyra-Lukens,Mayor
PUBLISHED in the Eden Prairie Sun Current on
(A full copy of the text of this Ordinance is available from City Clerk.)
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar March 8,2006
DEPARTMENT: ITEM DESCRIPTION: ITEM NO.:. VII.D.
Resolution amending Resolution No. 2006-08 by
Office of City Manager Adding Flying Cloud Airport Advisory Commission
and Conservation Commission
Requested Action
Move to: Adopt resolution amending Resolution No. 2006-08 by adding the meeting dates and
times for the Flying Cloud Airport Advisory Commission and the Conservation Commission.
Synopsis
The resolution is amended to add the Flying Cloud Airport Advisory Commission and the
Conservation Commission.
Background
The Flying Cloud Airport Advisory Commission will meet the 2°d Thursday of the 2°d month of
the quarter and the Conservation Commission will meet the 2nd Tuesday of each month.
Attachment
Resolution
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO.2006-
A RESOLUTION AMENDING RESOLUTION NO.2006-08
MEETING DATES,TIME AND LOCATION
FOR CITY COUNCIL APPOINTED BOARDS & COMMISSIONS IN 2006
BE IT RESOLVED,that Resolution No. 2006-08 is amended by adding the meeting
dates and times for the Flying Cloud Airport Advisory Commission and the Conservation
Commission for 2006; and
BE IT RESOLVED,that the Flying Cloud Airport Advisory Commission and the
Conservation Commission will meet at 7:00 p.m. in the Eden Prairie City Center, 8080 Mitchell
Road, Eden Prairie, Minnesota; and
BE IT RESOLVED,that the Flying Cloud Airport Advisory Commission will meet the
2nd Thursday of the 2nd month of the quarter; and
BE IT RESOLVED,the Conservation Commission will meet the 2nd Tuesday of each
month.
ADOPTED by the Eden Prairie City Council this 8th day of March 2006.
Nancy Tyra-Lukens, Mayor
ATTEST:
Kathleen Porta, City Clerk
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar March 8, 2006
DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 05-5638 ITEM NO.: VII. E.
Randy Newton Approve Additional Construction Inspection
Public Works/Engineering Budget with SRF Consulting Group, Inc. for the
TH 212/Charlson Road Improvement Project
Requested Action
Move to: Approve Additional Construction Inspection Budget with SRF Consulting Group,
Inc. for the TH 212/Charlson Road Improvement Project.
Synopsis
SRF is requesting an additional $25,000 construction inspection budget for the TH 212/
Charlson Road Improvement project. The request is a result of the additional effort necessary to
effectively coordinate and oversee the construction project.
Background Information
The TH 212/Charlson Road Intersection Improvement Project was substantially completed in
late 2005, including the turn-on of the TH 212/Charlson Road traffic signal in early December.
The original Professional Services Agreement with SRF was for$384,020,which included
approximately$200,000 for construction inspection.
As a result of the additional effort necessary to effectively coordinate and oversee the project,
staff recommends approval of the additional construction inspection budget.
Financial Implications
The TH 212/Charlson Road Intersection Improvement Project is financed by special
assessment. The revised construction inspection budget is within the total budget established for
the levied assessments.
Attachments
• SRF Letter
01 CONSULTING GROUP , INC .
Transportation•Civil•Structural•Environmental•Planning•Traffic•Landscape Architecture•Parking•Right of Way
SRF No.0045263
January 26,2006
Mr. Randy Newton,P.E.,P.T.O.E.
City of Eden Prairie
8080 Mitchell Road
Eden Prairie,MN 55344
SUBJECT: TH 212/Charlson Road
SAP 181-010-16;Eden Prairie I.C.05-5638
Dear Mr.Newton:
SRF Consulting Group,--Inc-. has been assisting the City of Eden Prairie with the construction
inspection and surveying for the TH 212 / Charlson Road project for the past few months.
The project is substantially complete and open to traffic. There is some minor clean up work
remaining that the Contractor has been notified of,and this work should be completed in the spring.
As you are aware, SRF encountered some unexpected challenges on this project during the
Summer/Fall of 2005 construction season. Additional construction staking and inspection was
provided in the following areas to keep the project progressing:
L Additional slope staking was provided on the slope-west of Charlson Road that the developer was
responsible for grading:'
2. Additional blue-top staking was provided along the eastbound TH 212 alignment due to the
. failing Class 5 aggregate base material.
3. Additional grade staking was provided at the culvert near Station 24+00 due to problems with
significant erosion and Contractor coordination.
In addition to these specific issues, SRF field inspection staff spent a significant amount of time
coordinating with the Mn/DOT Maintenance and Water Resource groups to satisfy their concerns
about the culvert modifications at Station 24+00.
Based on the above information, we respectfully request that our budget be increased by$25,000 to
cover this extra work. We are committed to continue to work with you and the Contractor to finalize
this important project,this spring. Please contact us to discuss any questions you have regarding this
budget-increase request
Sincerely,
SRF Consulting Gr p,Inc.
! Matthew D.Hansen,P.E,L.S.
Principal -
SRF.Vo13"rojectsU2631H1-MU DoclLeuerCityEdenPrairie012406.doc
One Carlson Parkway North,Suite 150 Case Plaza,One North Second Street
Minneapolis,Minnesota 55447-4443 s r f c o n s u l t i n g.c O m Fargo,North Dakota 58102-4807
Tel:763-475-0010•Fax:763-475-2429 Tel:701-237-0010•Fax:701-237-0017
An Equal Opportunity Employer
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar March 8,2006
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII.F.
Community Development: Contract for Services—Funhouse
Janet Jeremiah Creative Group
David Lindahl
Requested Action:
Move to: Approve contract with Funhouse Creative Group to produce a short video-commercial for the
Economic Development web page.
Synopsis:
The Funhouse Group will create a 2+/-minute promotional video-commercial that will be placed on the
Economic Development Division's web page. As with the monthly Life in the Prairie program video that
is now available on the City's web page,visitors will able to open the economic development promotional
video with Window's Media or Apple QuickTime programs.The total cost for the production ofthe video
will be $3,600.
Background:
The purpose ofthe video is to provide prospective residents or businesses visiting the City web site that are
from out-of-state or that are not familiar with Eden Prairie the opportunity see first-hand what the
community looks like and to hear testimonials from business owners and residents as to why Eden Prairie
is a great place to"Live, Work, and Dream."
Attachments:
Contract
STANDARD AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made on the 8th day of March, 2006, between the City of Eden Prairie,
Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN
55344, and Funhouse Creative Group Inc. (hereinafter"Consultant")whose business address is
PO BOX 591, Wayzata, MN 55391.
PRELIMINARY STATEMENT
The City has adopted a policy regarding the selection and hiring of consultants to provide a variety
of professional services for City projects. That policy requires that persons, firms or corporations
providing such services enter into written agreements with the City. The purpose of this agreement
is to set forth the terms and conditions for the provision of professional services by Consultant to
conduct a survey for the City hereinafter referred to as the"Work".
The City and Consultant agree as follows:
1. Scope of Work. The Consultant agrees to provide the professional services shown in
Exhibit"A" in connection with the Work.
2. Time for Performance of Services. The Consultant shall perform the services described
in Exhibit A within the following timeframe unless otherwise agreed upon in writing:
3. Compensation for Services. City agrees to pay the Consultant for the services as
described in Exhibit B.
A. An changes in the scope of the work which may result in the compensation due
Y 9 P Y p
the Consultant shall require prior written approval by an authorized representative
of the City or by the City Council. The City will not pay additional compensation for
services that do not have prior written authorization.
B. Special Consultants may be utilized by the Consultant when required by the
complex or specialized nature of the Project and when authorized in writing by the
City.
C. City agrees to pay Consultant for extra services by the Consultant or Special
Consultants when authorized in writing by the City.
4. The City agrees to provide the Consultant with the complete information concerning the
Scope of the Work and to perform the following services:
A. Access to the Area. Depending on the nature of the Work, Consultant may from
time to time require access to public and private lands or property. As may be
necessary the City shall obtain access to and make all provisions for the Consultant
to enter upon public and private lands or property as required for the Consultant to
perform such services necessary to complete the Work.
B. Consideration of the Consultant's Work. The City shall give thorough consideration
to all reports, sketches, estimates, drawings, and other documents presented by the
City Consultant, and shall inform the Consultant of all decisions required a of within a
reasonable time so as not to delay the work of the Consultant.
C. Standards. Intentionally Omitted.
D. Owner's Representative. A person shall be appointed to act as the City's
representative with respect to the work to be performed under this Agreement. He
or she shall have complete authority to transmit instructions, receive information,
interpret, and define the City's policy and decisions with respect to the services
provided or materials, equipment, elements and systems pertinent to the work
covered by this Agreement.
5. Method of Payment. Once work is completed on the project and the final product is
delivered to the City, the Consultant shall submit to the City a final itemized bill for all
professional services performed under Section 1, Exhibit A and Section 3, Exhibit B of this
Agreement.
A. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall
indicate for each employee, his or her name,job title, the number of hours worked,
rate of pay for each employee, a computation of amounts due for each employee,
and the total amount due for each project task. Consultant shall verify all statement
submitted for payment in compliance with Minnesota Statutes Sections 471.38 and
471.391.
B. Abandoned or Suspended Work. If any work performed by the Consultant is
abandoned or suspended in whole or in part by the City, the Consultant shall be
paid for that percentage of the amount attributed to each Project Task which is
performed prior to receipt of written notice from the City of such abandonment or
suspension, all as shown on Exhibit B attached hereto and incorporated herein by
reference.
7. Project Manager and Staffing. The Consultant has designated David Keiski and Paul
Keiski to serve on the Project. They shall be assisted by other staff members as necessary
to facilitate the completion of the Project in accordance with the terms established herein.
Consultant may not remove or replace David Keiski and Paul Keiski, from the Project
without the approval of the City.
8. Standard of Care. All Work performed pursuant to this Agreement shall be in accordance
with the standard of care in Hennepin County, Minnesota for professional services of the
like kind.
9. Audit Disclosure. The Consultant shall allow the City or its duly authorized agents
reasonable access to such of the Consultant's books and records as are pertinent to all
services provided under this Agreement. Any reports, information, data, etc. given to, or
prepared or assembled by, the Consultant under this Agreement which the City requests to
be kept confidential shall not be made available to any individual or organization without the
City's prior written approval. All finished or unfinished documents, data, studies, surveys,
drawings, maps, models, photographs, and reports prepared by the Consultant shall
become the property of the City upon termination of this Agreement, but Consultant may
retain copies of such documents as records of the services provided.
10. Term. The term of this Agreement shall be from March 3, 2006 through March 31, 2006
the date of signature by the parties notwithstanding. This Agreement may be extended
upon the written mutual consent of the parties for such additional period as they deem
appropriate, and upon the terms and conditions as herein stated.
11. Termination. This Agreement may be terminated by either party by seven (7)days'written
notice delivered to the other party at the address written above. Upon termination under
this provision if there is no fault of the Consultant, the Consultant shall be paid for services
rendered and reimbursable expenses until the effective date of termination. If however,the
City terminates the Agreement because of the Consultant has failed to perform in
accordance with this Agreement, no further payment shall be made to the Consultant, and
the City may retain another contractor to undertake or complete the work identified in
Paragraph 1. If as a result, the City incurs total costs for the work (including payments to
both the present contractor and a future contractor) which exceed a maximum Agreement
amount, if any, specified under Exhibit B, then the Consultant shall be responsible for the
difference between the cost actually incurred and the Agreement amount.
12. Subcontractor. The Consultant shall not enter into subcontracts for services provided
under this Agreement except as noted in the Scope of Work, without the express written
consent of the City. The Consultant shall pay any subcontractor involved in the
performance of this Agreement within the ten (10) days of the Consultant's receipt of
b the City for undisputed services provided b the subcontractor. If the
payment Y tY P p Y
Consultant fails within that time to pay the subcontractor any undisputed amount for which
the Consultant has received payment by the City, the Consultant shall pay interest to the
subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a
month. The minimum monthly interest penalty payment for an unpaid balance of$100 or
more is $10. For an unpaid balance of less than $100, the Consultant shall pay the actual
interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to
collect interest penalties from the Consultant shall be awarded its costs and disbursements,
including attorney's fees, incurred in bringing the action.
13. Independent Consultant. At all times and for all purposes herein, the Consultant is an
independent contractor and not an employee of the City. No statement herein shall be
construed so as to find the Consultant an employee of the City.
14. Non-Discrimination. During the performance of this Agreement, the Consultant shall not
discriminate against any employee or applicants for employment because of race, color,
creed, religion, national origin, sex, marital status, status with regard to public assistance,
disability, sexual orientation or age. The Consultant shall post in places available to
employees and applicants for employment, notices setting forth the provision of this non-
discrimination clause and stating that all qualified applicants will receive consideration for
employment. The Consultant shall incorporate the foregoing requirements of this
paragraph in all of its subcontracts for program work, and will require all of its
subcontractors for such work to incorporate such requirements in all subcontracts for
program work. The Consultant further agrees to comply with all aspects of the Minnesota
Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of
1964, and the Americans with Disabilities Act of 1990.
15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein,
without the written consent of the other party.
16. Services Not Provided For. No claim for services furnished by the Consultant not
specifically provided for herein shall be honored by the City.
17. Severability. The provisions of this Agreement are severable. If any portion hereof is, for
any reason, held by a court of competent jurisdiction to be contrary to law, such decision
shall not affect the remaining provisions of this Agreement.
18. Entire Agreement. The entire agreement of the parties is contained herein. This
Agreement supersedes all oral agreements and negotiations between the parties relating to
the subject matter hereof as well as any previous agreements presently in effect between
the parties relating to the subject matter hereof. Any alterations, amendments, deletions;or
waivers of the provisions of this Agreement shall be valid only when expressed in writing
and duly signed by the parties, unless otherwise provided herein.
19. Compliance with Laws and Regulations. In providing services hereunder, the
Consultant shall abide by all statutes, ordinances, rules and regulations pertaining to the
provisions of services to be provided. The Consultant and City, together with their
respective agents and employees, agree to abide by the provisions of the Minnesota Data
Practices Act, Minnesota Statutes Section 13, as amended, and Minnesota Rules
promulgated pursuant to Chapter 13. Any violation of statutes, ordinances, rules and
regulations pertaining to the services to be provided shall constitute a material breach of
this Agreement and entitle the City to immediately terminate this Agreement.
20. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall
not affect, in any respect, the validity of the remainder of this Agreement.
21. Indemnification. Consultant agrees to defend, indemnify and hold the City, its officers,
and employees harmless from an liability, claims damages, costs judgments, or
Y tY> 9 1 9
expenses, including reasonable attorney's fees, resulting directly or indirectly from a
negligent act or omission (including without limitation professional errors or omissions) of
the Consultant, its agents, employees, or subcontractors in the performance of the services
provided by this Agreement and against all losses by reason of the failure of said
Consultant fully to perform, in any respect, all obligations under this Agreement.
22. Insurance.
A. Worker's Compensation. The Consultant shall secure and maintain such insurance
as will protect Consultant from claims under the Worker's Compensation Acts and
from claims for bodily injury, death, or property damage which may arise from the
performance of Consultant's services under this Agreement.
C. Professional Liability Insurance. Not Required
23. Records Access. The Consultant shall provide the City access to any books, documents,
papers, and records which are directly pertinent to the specific contract, for the purpose of
making audit, examination, excerpts, and transcriptions, for three years after final payments
and all other pending matters related to this contract are closed.
24. Ownership of Documents. All plans, diagrams, analyses, reports and information
generated in connection with the performance of the Agreement ("Information") shall
become the property of the City. The City may use the Information for its purposes and the
Consultant also may use the Information for its purposes. Reuse of the Information for the
purposes of the project contemplated by this Agreement ("Project') does not relieve any
liability on the part of the Consultant, but any reuse of the Information by the City or the
Consultant beyond the scope of the Project is without liability to the other, and the party
reusing the Information agrees to defend and indemnify the other from any claims or liability
resulting therefrom.
25. Dispute Resolution. Mediation. Each dispute, claim or controversy arising from or
related to this Service Agreement or the relationships which result from this Agreement
shall be subject to mediation as a condition precedent to initiating arbitration or legal or
equitable actions by either party. Unless the parties agree otherwise, the mediation shall
be in accordance with the Commercial Mediation Procedures of the American Arbitration
Association then currently in effect. A request for mediation shall be filed in writing with
the American Arbitration Association and the other party. No arbitration or legal or
equitable action may be instituted for a period of 90 days from the filing of the request for
mediation unless a longer period of time is provided by agreement of the parties. Cost
of mediation shall be shared equally between the parties. Mediation shall be held in the
City of Eden Prairie unless another location is mutually agreed upon by the parties. The
parties shall memorialize any agreement resulting from the mediation in a mediated
settlement agreement, which agreement shall be enforceable as a settlement in any
court having jurisdiction thereof.
26. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota.
27. Conflicts. No salaried officer or employee of the City and no member of the Board of
the City shall have a financial interest, direct or indirect, in this contract. The violation of
this provision renders the Contract void. Any federal regulations and applicable state
statutes shall not be violated.
28. Claims. To receive any payment on this Agreement, the invoice or bill must include the
following signed and dated statement: "I declare under penalty of perjury that this
account, claim, or demand is just and correct and that no part of it has been paid."
29. Counterparts. This Agreement may be executed in multiple counterparts each of which
shall be considered an original.
30. Whole Agreement. This Agreement constitutes the final and complete agreement of
the parties and shall supersede and replace any prior oral or written agreements
between City and Consultant. Any subsequent modifications must be in writing signed
by both parties.
Executed as of the day and year first written above.
CITY OF EDEN PRAIRIE
Mayor
City Manager
Funhouse Creative Group
By:
David Keiski
Its:
EXHIBIT A
BY FOR CUSTOMER:
City of Eden Prairie - Economic Development Division
Scope of Work:
2 1/2 Minute Video Production of Promotional Commercial for the City of Eden Prairie
Website. Video images of the city, promoting the community along with background
music, voiceovers, bullet- point text on screen and positive video of up to 10
testimonials from residents and business people. Utilizing the existing city slogan, "Live,
Work, Dream," within the production.
For pre-production and preparing existing content for editing:
4 hours
For choosing and editing specific footage from existing content:
6 hours
For gathering new video testimonials and downloading:
6 hours
For downloading and editing testimonials into the production:
5 hours
For creating music, jingles, background & production:
8 hours
For applying music to video, editing etc.:
3 hours
For downloading and choosing, editing still photography from city files:
3 hours
For creation of first draft to present to clients:
4 hours
For adjustments, adaptions, corrections, prep for final draft:
2 hours
For final production to useable video files, and application to the site:
5 hours
Meetings and client consultation time:
2 hours
48 Total Hours
@ $75 per hour billed production rate = $3600
Prepared by David Keiski January 12, 2006-612-998-5253-davena lakeauy.com
Funhouse Creative Group - 612-998-5253 - funhouse_creative@msn.com -
dave _lakeguy.com PO BOX 591, Wayzata, MN 55391.
EXHIBIT B
Consultant's Compensation
Consultant's total compensation for its services shall be a total of$3,600 set forth as follows:
Project invoiced after completion of each of the following tasks:
Finalization of Video $ 3,600
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar March 8, 2006
DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 06-5663 ITEM NO.: VII. G.
Eugene A. Dietz Engineering Services Contract for
Public Works Reconditioning of Wash Water Reservoir at
Water Treatment Plant
Requested Action
Move to: Approve a contract with KLM Engineering, Inc. for engineering services to prepare
plans and specifications and construction services for the reconditioning of the wash water
storage reservoir at the water treatment plant, for an estimated fee of$19,000.
Synopsis
This professional services contract will develop documents and provide for construction
inspection of repairs to the wash water storage reservoir located in the brick structure at the west
end of the water treatment plant along Mitchell Road. The work will be done on a time and
material basis and has an estimated not to exceed cost of approximately$19,000. This tank is an
integral part of our water treatment operation and needs to be back into service as soon as
possible this spring. Staff recommends approval of the contract.
Background Information
In the mid-1970's,the wash water tank was damaged. The tank is approximately 34 feet in
diameter and 28 feet tall. It is presently housed within a brick structure that was constructed as
part of the last waster treatment plant expansion project in 1998.
The damage occurred during winter-time operation when ice formed at the top of the tank and a
vacuum was created during the drawdown of water for plant operation purposes. A"cave-in"or
buckle over a 20 X 24' area of one side of the tank occurred. The decision at the time was to
merely apply a sprayed on insulation coating to make the tank appear to be round once again.
Over the past thirty years,the constant utilization of the tank in a filling and draining mode
appears to have caused a flexing action along the edge of the"dent"and the steel plating has
cracked, causing a leak. Staff has hired contractors to remove the insulation coating from the
tank and an inspection report by KLM. The recommended action is to"straighten out the dent",
reinforce the damaged area so that it will not flex, and weld patches onto the cracked area of the
tank. The interior paint coating will be repaired as necessary and depending on the time
available,we may proceed to repaint the exterior as well. However,the exterior painting will be
deferred until next fall if the operational needs of the water plant require the utilization of the
tank before completed.
The engineering services are estimated to cost$19,000 and the repair costs are estimated to be
approximately$50-60,000. The project would be financed utilizing capital funds set aside from
the enterprise fund.
Attachments
• KLM Proposal
KLM ENGI EEMNCY, INC.
P.O.Box 897.3394 Lake Elmo'Aw.N.•Lake Elmo,:MN 55o42.
(651i 773,5111 Fax(651)773-5222
February 15,2006
By Fax&U.Si:Mail
Mr.Eugene A.Dietz,P.E.
Director of Public"Works
City`.of Eden Prairie ,
8080 Mitchell Road
Eden Prairie,Minnesota 55344-4485
RE:Proposal to Prepare Specifications and Provide Inspection Services during the
' econditioning of the,187,090 Gal1Qn Standpipe Ground Storage Reservoir in Eden
Prairie,Minnesota.
ELM Proposal#.0601215. ;
Dear Mr.`Dietz:
Thank you for the opportunity to submit this'proposal for:-specification preparation and
inspection services during structural repairs,,surface,preparation and.coatings application .
for the interior and exterior on the above referenced tank:
Potential-Benefits to,the City of Eden Prairie
• We propose,to;prepare a specification package specifically designed for water storage
tank reconditioning. Our experience has'shown that the-more:comprehensive the
specification is;the more likely it is that the project is completed on time,on budget,
and with quality workmanship. The KLm specifications wiffreduce the occurrence of
contractor requests for change orders during reconditioning: Without complete
information,contractors can_claim,that unknown conditions are present that were not
Included in the bidding specifications.
• Toda 's rotective coatin _s stems are des- . ed to last_15- (0 ears with_onl minor
- ----- --- - — Y p . — g Y - -- - — --—--Y - ---. TY -- -- --- - ._
maintenance. Tight,project specifications and full-time inspections give the coating
systems_the opportunity to realize their intended service life.
• Full time inspection by KLM Certified.Welding Inspectors during structural.repairs .
-and NACE Coating Inspectors during coating reconditioning assures that the work,
performed by the contractor is in conformance with the specifications,so that it can
maximize its life expectancy: KLIvI's inspectors monitor workmanship during all
phases of work and approve the contractor's work. Utilizing this process, .
maintenance costs will be_reduced by reducingthe number of reconditioning cycles
over the life of the tank.
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City of Eden Prairie,MN 31
Proposal Cost Summary
I: Design Services Fixed Fee. $4,200.00;
2. Construction Management Estimated " $2,840.00
3. Inspection Services Estimated $11,975.00
Total Estimated KLM'Cost in 2006 . $19,015.00
5. Warranty Inspection(2008) Fixed Fee $3,000.00
City of'Eden Prairie Project Work Plan
Upon execution of a contract for Engineering and Inspection Services,KLM Engineering,-.
Inca proposes the"following schedule to perform the proposed work utilizing the listed
project team.11
City of Eden Prairie order to proceed;
1. `PreliminaryS.pecifications
Completed by March 1,.2006
2. Design Services.
Completed by-March 13;2006 -
-3. Construction Management
Spring 2006 Construction:Completed by May 19,2006.
4. Inspection Services
Spring-2006 Construction:Completed by.rMay:19,2006:
5. Warranty Inspection Services
__ -_ Pg-� =--— -$ rin or summer 2008------ . -- ----- ==-- ---- -_--- =- - -- ----
City ofEden Prairie,MIQ 4
Sco a Project fi of Work: o ect S cations .n i gec
The project specifications will include:
Section A Advertisements for Bids
This section provides a detailed description of the project and meets
the requirements for legal advertisements.
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`Section B Instruction to Bidders
This section provides precise instructions'to bidders including the
scope of work,insurance,payments,time of completion;bidder
qualifications,taxes and permits,legal"requirements,performance ,
and payment bonds and other important project informati
on,.
0
Paym po - > .P J ,
Section C Pro sal ,
This section contains the bid,proposals;construction time frame
alternate bid proposals,legal requirements,and the bidder and
':subcontractor:qualification forms.
!Section D Project Requirements
This section includes a'
omplete description of the project,project
schedule(s),execution of contract documents;notice toproceed,
project meetings,quality assurance,liquidated damages,and legal
and technical requirements for executing the scope of work
Section E Technical SRg�ficati.ons
This section details.the technical specifications;for,structural"
modifications;surface repairs,interior and exterior surface
preparation, exterior abrasive blast containment,disposal_of spent
abrasives,dehumidification;lettering and._logo,submiitals,
worlananship,unfavorable weather conditions,surface coating and
material,repair work,health and sanitary facilities,clean up,
ventilation and safety requirements,superintendent,inspection of
work,sterilization of tank inferiors,and containment plan.
Section F Sumin iemental Conditions
- --- -- — — - -- srsectnn supplements or aYnondsrthe General:eonditaons-and/or.7
other provisions of the Contract Documents.
Section G General Conditions
This section includes all the General`Conditions designed for water
tank reconditioning,such as authority,of the Engineer,engineering
inspection,modifications,additions and subtractions of scope of
work,extensions of time,insurance and other appropriate items:
City of Eden Prairie JAN
5
Section 'ContracfDocuments
This ection provides the form of agreement to be used between the
Owner and'Contractor.
Section I : Payment and Performance Bond
As of July 31, 1994,Minnesota State Law requires separate
bonds for payment and performance.
Seotaan J Inspection Report
This section includes enclosure of past"inspection reports with
copies of color photographs. This provides the bidders with a clear`
perspective of,the interior conditions of the tank(s)and the scope of
work involved
Section K' Drawings ,
This section includes drawings,which define structural repairs or ,
modifications and welding definitions.
Section L Surface Preparation.Requirements.
This-section.references excerpts from MACE Standard RP01.78=91
Recommended Practice Fabrication Details,Surface Finish
Requirements,and Prope -Design Considerations for Tanks and
Vesselsto be Lined for Immersion:Service for defining welding and
grinding_ requirements of the structural repair or modifications:
Section M Existing Paint Test Results
This section contains paint chip test results for lead and chromium
used to calculate the risk factor and classification of containment
required for conformance with Federal and.State Environmental .
Regulations. -
Section N. Lettering and Logoptionall
If required,this section includes drawings of any required lettering
and logo:
Section O: Additional Owner Specification Requirements(optional)
- ----- -= = ` s eation is-available for e4c itinnal-Owner-Specification -- =-- - ---
requirements:
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City of Eden Prairie,IN, .7... ,
Construction Mana$@Inent
The project manager and project supervisor worktogether,on managing the project The.
project supervisor does the review of the submittals from the contractor. The supervisor
communicates with the inspector on a daily basis..The supervisor will enforce the project
specifications as necessary. The supervisor is the main contact,between the contractor
representative and,the owner, The manager does the.finsl review of the submittals and
pay requests.
Construction`Iuanagement will include:
4' Review meeting minutes
• Scheduling of.inspections
Review of pay requests;
• Processing change orders
•. Project close out administration
• Establishes watranty date
Review,of inspectors daily documentation on a weekly basis
• Review of-the contractors-submittals:
1. Drawings'review
2. .:Welder Certifications.
3. Welder Qualifications
A. Welding Procedures
Coating Materials Submittal
6. Containment Plan
8. Spent material collection and disposal
9. Lettering and logo
City of Eden Prairie,MN 8.
Reconditionint Insaection
The inspector 1 assigned to this project will be a NACE Trained Coating Inspector and/or
AWS Certified Welding Inspector. All of our inspectors have extensive practical
experience'and knowledge of water storage tank reconditioning.:They are experienced
sandblasters,painters,climbers,riggers,coating inspectors,welders and welding
inspectors which allow the inspector to perform inspections alongside the contractor to
ensure conformance to.the project specification.
At a minimum,.the field inspections will include the following;"
• A preconstruction - .
meeting_with.the client and contractor,to clearly define the role of -
the Engineer and Inspector and to discuss the intent,of the specifications.
• Monitoring and approval of the structural repairs and modifications for conformance
to the specifications:
• Inspection of the abrasive blasting media and equipment for'conformance to the
specifications and to;prevent contamination of surfaces during surface preparation".,
with moisture and oil or other contaminants."
-
• Monitoring the paint removal and abatement process for conformance to,the
specifications and:enviionmental"regulations.
•" Monitoring the contractors mixing and application of the coatings for conformance to .,
the specifications and the coating manufacturer's recommendations.
•; "Approving surface,preparation,,samples.
• Recording the contractor's progress for adherence to the construction schedule.
•, Submittal of daily and weekly inspection reports."
•"' Review progress payments.
•. Sampling and testing of spent abrasives and waste streams generated for"conformance
to the specification and environmental regulations.
• Monitor punch list items and subsequent corrective action by contractor:
•- Final-inspection,substantial:completion,.an-dproject-acceptance. _- - -- --.--- -- - -- ---=
The duration of the field inspection depends upon the construction schedule,alternate
selected during the bid evaluation process and on the time it takes the contractor to
perform the structural repairs and coating work.
City of Eden Prairie,MN g
Construction Management and Inspection Fees
Based on"the project duration of four(4)weeks,a 2006 construction and coating schedule,
KLIvi's current lee Schedule and Terms and Conditions,and an anticipated 40 hour work
week,our field inspection services.will be charged on a1ime and material basis with an
estimated average.of$3,703.75 per week. Total construction management and inspection
fees,for the project are estimated at$14,81500. Fees are subject to change if proposed,
work exceeds 12 months"from this bid proposal
This cost estimate includes the attendance of a qualified and assigned Inspector at the
precons ruction conference in Eden Prairie,MN.
Warranty Inspection "
We propose to performs Warranty Inspection on the referenced tank prior to the
expiration.of the performance'bondedtwo-.(2)year warranty for a Fixed Fee of$3,0O0.00.
This fee includes one(1)copy of the warranty inspection"report for the Owner and one(1);
COPY of the report for the contractor..
Prior to the expiration of the,warranty period,KLM will request verificatiah to proceed
with the:warranty inspection under the termsof this contract
:This phase'of the-project will be billed upon submittal'ofthe Warranty Inspectibn Report. "
This fee does not include any necessary uispection(s)should warrntyrepair work be
required.
City of Eden'Prairie;MN 10
Proiect Team.,
• lam Enizineering,Inc.Team Members
Inspection Report and Specification Writer: Jack R..Kollmer;
• Marketing Manager: Shawn A.Mulhern
• Specification Writer: Matt Erickson
• . ...Project Field Supervisor. Kelly C Mulhem
• Field Inspectors' Rodney):Ellis ,
Bryon J. Jensen
Cole Iverson
Scott Kriese
Mike`F.rankberg
Cal Lopez
• ' ROV Operators: Trevor Klock
Paul.Keenan
• Lead Diver: Bri ' Me roden
Terms and Conditions
The attached Terms and Conditions are,part of the agreement between KI M`and the City ,
of-Eden Prairie,unless'otherwise agreed to in writing by both parties.
The Fee'Schedule;used by KLM while our personnel are working on the project 1 . is the
current.Fee Schedule and will not be changed during the project duration
Services performed by KLM Engineering,Inc: for this project will be conducted in a
manner consistent with the level of care and kill ordinarily exercised by,meni of the
profession currently practicing in this area under similar budget and time restraints:
Refer
KLM would encourage the City of Eden Prairie to call any or all of the references
_ Wed.-- - -
City of Eden Prairie,MN 11
Time Frame
This proposal is valid for sixty(60)days. If the City of Eden Prairie finds this proposal
acceptable,please sign and return: We can begin work immediately once a contract has
been executed. Preliminary specification should be ready for submittal to the Owner in
two(2)to`three.(3)weeks after the receipt of aligned contract.
If you have any questions regarding this proposal,please call me at 651-773-5111 or fax
"-this°proposal back at 651-773-5222.
This agreement,between the,City of Eden Prairie and KLM Engineering,Inc. of Lake
Elmo,'Minnesota is accepted by:
Cityof Eden Prairie,
(Name) Mayor Minnesota.
(Deft),
City of Eden Prairie,.
(Marne) City Manager Minnesota.
(Date). .
KL1VI Engmeenng,Inc.
(Name) (T'itl Lake Elmo;Minnesota
We look forward to working with you. .
Sincerely,:
LM Engineering;Inc.
Shawn A; Mulhern
Marketing Manager .
Enclosure:KI M Statement of Qualifications City of Eden Priarie General Conditions
SAM Q Win My Doc:Propwal 2006 FAw Aauie,MN
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar March 8, 2006
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII. H.
Robert A. Lambert,Director Real Estate Exchange Agreement
Parks and Recreation
Requested Action
Move to: Approve the real estate exchange agreement between the City of Eden Prairie and
School District 272,which transfers property owned by the City of Eden Prairie,
situated south of Staring Lake Parkway to the School District, and property owned by
the School District situated south of Eagle Way to the City of Eden Prairie.
Synopsis
The attached real estate exchange agreement provides for the transfer of approximately 1.359 acres
of City land to the School District and an equal amount of land from the School District to the City.
The acquisition of the property south of Eagle Way allows the City of Eden Prairie to expand the
Community Center third rink additional onto City property and the transfer of City property south of
Oak Point School to the School District allows the School District to own the property where the
Anderson Schoolhouse will be located.
Background
On November 15,the Eden Prairie City Council approved a proposed real estate exchange between
the School Board and the City Council for the land referred to in the exchange agreement. The
School Board and the City Council had discussed this proposal in a workshop session and both
bodies agreed that it would be mutually beneficial.
The School Board is scheduled to approve the agreement at their March 6 meeting. The agreement
calls for a closing to be completed prior to the first of June of this year.
Attachment
Anderson Property Agreement
REAL-ESTATE EXCHANGE AGREEMENT
AGREEMENT (this "Agreement") dated as of 2006, between
City of Eden Prairie, a Minnesota municipal corporation (referred to herein as the "City"), and
Independent School District 272, Eden Prairie, a public school corporation (referred to herein as
the "School District"). City and School District respectively shall be referred to herein,
individually as"City"and"School District,"or as a"Party,"and collectively as the "Parties."
RECITALS
City is the fee owner of certain real property located in Hennepin County, Minnesota,
City of Eden Prairie, consisting of that parcel of property situated south of Staring Lake
Parkway, as described in Exhibit A attached to this Agreement and incorporated herein by
reference,referred to hereinafter as"Parcel A."
School District is the fee owner of certain real property located in Hennepin County,
Minnesota, City of Eden Prairie, consisting of that parcel of property situated south of Eagle
Way, as indicated and described in Exhibit B attached to this Agreement and incorporated
herein by reference, referred to hereinafter as"Parcel B."
City desires to exchange Parcel A for Parcel B, pursuant to the terms of this Agreement.
School District desires to exchange Parcel B for Parcel A, pursuant to the terms of this
Agreement.
For purposes of this Agreement, the effective date is the later date both the City and
School District shall have executed this Agreement ("Effective Date"), as shown by the dates
next to their respective signature blocks.
All Capitalized terms in this Agreement shall have the meaning applied to them herein,
unless otherwise defined. Terms not defined shall be given their ordinary meaning. All terms
shall include the alternative possessive, singular, or plural tense when appropriate.
NOW, THEREFORE, in consideration of the foregoing and other good and valuable
consideration,the receipt and sufficiency of which are hereby acknowledged,the Parties agree as
follows:
1. Exchange of Real Property. City agrees to exchange Parcel A for Parcel B with
School District, and School District agrees to exchange Parcel B for Parcel A with
the City, pursuant to the provisions of this Agreement.
2. Consideration. Consideration for this Agreement is the respectively-owned
Parcels A and B, along with the promise, evinced by this Agreement, of each
Party to exchange its respective parcel for the other, pursuant to the terms of this
Agreement, and to otherwise perform pursuant hereto.
3. Transfer of Ownership. Ownership and all rights,responsibilities, obligations and
benefits relative to the respective Parcels shall transfer as of the Closing Date,
subject to the terms of this Agreement.
4. Contingencies. Unless waived in writing, each Party's obligation to exchange its
respective Parcel for the other shall be subject to and contingent upon each of the
following:
4.1 Representations and Warranties. The representations and warranties of
the Parties contained in this Agreement must be true now and as of the
closing date (herein referred to as "Closing Date" or "Date of Closing"),
as noted below, as if made on the Closing Date and each Party shall have
delivered to the other on the Closing Date, a certificate, signed by the
Party, certifying that such representations and warranties are true as of the
Closing Date(the"Bring-down Certificate").
4.2 Performance of Parties' Obligations. Each Party shall perform all of the
obligations required to be performed under this Agreement, as and when
required by this Agreement.
4.3 Title. Title for the respective parcels shall have been found acceptable by
the grantee Party or made acceptable in accordance with the requirements
and terms of Section 9 below.
4.4 No Adverse Action. There shall not exist on the Closing Date any
lawsuit, governmental investigation, or other proceeding challenging the
transaction contemplated in this Agreement, or which might adversely
affect the right of the respective Parties to own, develop, use or enjoy the
Parcels exchanged and received hereunder after the Closing Date for each
Party's intended use.
4.5 Administrative Approval. City shall approve the administrative split of
each Parcel from the larger parcel of which the respective Parcels to be
exchanged hereunder are now a part.
4.6 Governmental Approval.
4.6.1 Reapportionment of Assessments. City Council of the City of
Eden Prairie (City Council) shall reapportion all unpaid
assessments relative to Parcel B, pursuant to Minn. Stat.
§ 429.071, subd. 3, as noted in Section 8.3.2 of this Agreement.
4.6.2 On or before the Closing Date, School District shall obtain, or
shall satisfy themselves that they will be able to obtain, all
appropriate governmental approvals and permits necessary to
utilize Parcel A for the desired and intended use, which approvals
may include, without limitation, appropriate zoning, conditional
use permits, curb cut and other access permits, signage permits,
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building permits, required licenses, and site plan approval. City
shall, without charge to School District, cooperate in School
District's attempts to obtain all such governmental approvals. City
shall further execute such rezoning applications, plans,
environmental worksheets and other documents as may be required
by governmental bodies to accomplish the foregoing.
Notwithstanding anything to the contrary herein contained, no
such approvals may become final until after the Closing Date.
4.7 If any of the foregoing contingencies set forth in this Section 4 have not
been satisfied on or before the stated date, then this Agreement may be
terminated, at the option of the Party in whose favor the contingency is
established by written notice there from to the other Party. Such notice of
termination shall be given no later than three (3) business days after the
stated date for the relevant contingency item. Failure to give notice of
termination as provided above acts, and shall be construed, as a waiver of
deemed waived.
the unsatisfied contingency and such is automatically
g Y
Either Party may waive any contingency by written notice to the other
Party, but such written notice is not required for a waiver to be effective.
4.8 Upon termination by either Party: (a)the Parties shall execute a recordable
written termination of this Agreement, which shall include each Parry's
quit claim of any interest in and to the property which that Party was to
receive pursuant to this Agreement; (b) upon fulfillment of (a), neither
Party will have any further rights or obligations regarding this Agreement
or the Parcels involved, except for the rights and obligations of
indemnification set forth in Sections 12, 13, 15 and 16.
5. Closing g
The closing of the transaction memorialized g
in this Agreement shall
occur on the Closing Date, which shall be ten (10) business days after the earlier
of the satisfaction, or written waiver upon due notice, of the last of the
contingencies set forth in Section 4.A. of this Agreement. But in no event shall
the Closing Date be later than June 1, 2006. The Closing shall take place at the
office of City of Eden Prairie at 9:30 a.m., local time, or at such other place as
may be mutually agreed upon. Each Party agrees to deliver possession of its
respective Parcel to the other Party on the Closing Date.
6. UY's Closing Documents. On the Closing Date, City shall execute and/or
deliver to School District the following (collectively referred to herein as, "City's
Closing Documents"):
6.1 Deed. A WarrantyDeed, in recordable form reasonably satisfactory to
Y
School District, conveying Parcel A to School District free and clear of all
encumbrances, except the Permitted Encumbrances.
6.2 Title Policy. The Policy described in Section 9 of this Agreement or a
suitably marked up Title Commitment for the Policy initialed by Title
Company, in the form required by this Agreement.
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6.3 Bring-down Certificate. A certificate reaffirming as of the Closing Date
all of the City's Representations and Warranties contained in paragraph 11
of this Agreement.
6.4 City's Affidavit. An Affidavit of City indicating that on the Closing Date
(a) there are no outstanding or unsatisfied judgments, tax liens or
bankruptcies against or involving City or Parcel A; (b) there has been no
skill, labor or material furnished to Parcel A for which payment has not
been made or for which mechanic's liens could be filed; and (c) there are
no other unrecorded interests in Parcel A, together with whatever standard
owner's affidavit and/or indemnity (ALTA Form) which may be required
by Title Company to issue the Policy described in Section 9 of this
Agreement.
6.5 FIRPTA Affidavit. A non-foreign affidavit, properly executed and in
recordable form, containing such information as is required by IRC
Section 1445(b)(2) and its regulations.
6.6 IRS Reporting Form. The appropriate Federal Income Tax reporting
form, if any, as required.
6.7 Executive Order Affidavit. An affidavit properly executed and in
recordable form satisfying School District and Title Company that the
City is not a blocked person under Executive Order 13224.
6.8 Title Documents. Such Affidavits of City, Certificates of Value or other
documents, as may be reasonably required by School District's Title
Company in order to record School District's Closing Documents and
issue the Policy.
6.9 Other Documents. All other documents reasonably determined by School
District to be necessary to transfer Parcel A to School District free and
clear of all encumbrances, except the Permitted Encumbrances.
7. School District's Closing Documents. On the Closing Date, School District will
execute and/or deliver to City the following (collectively referred to herein as
"School District's Closing Documents"):
7.1 Deed. A Warranty Deed, in recordable form reasonably satisfactory to
City, conveying Parcel B to City, free and clear of all encumbrances,
except the Permitted Encumbrances.
7.2 Title Policy. The Policy described in Section 9 of this Agreement, or a
suitably marked up Title Commitment for the Policy initialed by Title
Company, in the form required by this Agreement.
4
7.3 Bring-down Certificate. A certificate reaffirming as of the Closing Date
all of School District's Representations and Warranties contained in
paragraph 12 of this Agreement.
7.4 School District's Affidavit. An Affidavit of School District indicating that
on the Closing Date (a) there are no outstanding or unsatisfied judgments,
tax liens or bankruptcies against or involving School District or Parcel B;
(b) there has been no skill, labor or material furnished to Parcel B for
which payment has not been made or for which mechanic's liens could be
filed; and (c) there are no other unrecorded interests in Parcel B, together
with whatever standard owner's affidavit and/or indemnity (ALTA Form)
which may be required by Title Company to issue the Policy described in
Section 9 of this Agreement.
7.5 FIRPTA Affidavit. A non-foreign affidavit, properly executed and in
recordable form, containing such information as is required by IRC
Section 1445(b)(2) and its regulations.
7.6 IRS Reporting Form. The appropriate Federal Income Tax reporting
form, if any, as required.
7.7 Executive Order Affidavit. An affidavit properly executed and in
recordable form confirming School District's representations in Section
12.12.
7.8 Title Documents. Such Affidavits of School District,Certificates of Value
or other documents, as may be reasonably required by City's Title
Company in order to record the City's Closing Documents and issue the
Policy.
7.9 Other Documents. All other documents reasonably determined by City to
be necessary to transfer Parcel B to City free and clear of all
encumbrances, except the Permitted Encumbrances.
8. Prorations and Allocation of Costs. City and School District agree to the
following prorations and allocation of costs regarding this Agreement:
8.1 Title Insurance and Closing Fee. City shall pay as to Parcel A, and School
District shall pay as to Parcel B, all costs associated with obtaining the
Title Evidence described in Section 9 of this Agreement, as well as any
fees charged by Title Company for any escrow required regarding any
Objections. City and School District will each pay one-half of any
reasonable and customary closing fee or charge imposed by any closing
agent designated.
8.2 Deed Tax. Each Party shall pay, regarding the Parcel currently owned
thereby and subject to exchange under this Agreement, all state deed taxes
5
regarding the Warranty Deed to be delivered by each Party to the other
Party under this Agreement.
8.3 Real-Estate Taxes and Special Assessments. At Closing, the tax status for
each Parcel shall be as follows:
8.3.1 Current Year's Taxes. City shall pay for Parcel A and School
District shall pay for Parcel B all real property taxes, if any, for the
whole of the tax year in which this Agreement is executed.
8.3.2 Assessments. With regard to any amounts due for special
assessments assessed to the parcel of property from which Parcel B
has been divided (PID # 08-116-22-24-0002), City shall pursuant
to Minn. Stat. § 429.071, subd. 3, reapportion all amounts of
unpaid assessments assessed to the property contained in Parcel B
by virtue of being part of the larger parcel, to the remainder of the
parcel of property from which Parcel B was divided, leaving Parcel
B free and clear of any and all assessments.
8.4 Recording Costs.
8.4.1 Relative to Parcel A, City will pay the cost of recording all
documents necessary to place record title in the condition
warranted by City and requested by School District in this
Agreement. School District will pay the cost of recording all other
documents relative to Parcel A.
8.4.2 Relative to Parcel B, School District will pay the cost of recording
all documents necessary to place record title in the condition
warranted by School District and requested by City in this
Agreement. City will pay the cost of recording all other documents
relative to Parcel B.
8.5 Other Costs. All other costs associated with the respective Parcels will be
allocated between City and School District as of the Closing Date, so that
City pays that part of such other costs for Parcel A payable prior to the
Closing Date, and School District pay that part of such other costs payable
from and after the Closing Date, and so that School District pay that part
of such other costs for Parcel B payable before the Closing Date, and City
pays that part of such other costs payable from and after the Closing Date.
8.6 Attorney's Fees. Each of the Parties will pay its own attorney's fees,
except that a Party defaulting under this Agreement or any closing
document will pay the reasonable attorney's fees and costs incurred by the
non-defaulting Party to enforce its rights regarding such default.
9. Title Examination. Title examination will be conducted as follows:
6
9.1 City's Title Evidence.
The Parties mutually agree that no title examination or commitment for
Parcel A shall be required. City hereby warrants that it holds good,
marketable, transferable, and recordable title to Parcel A, subject only to
the Permitted Encumbrances. If at any time prior to, or following the
closing of this Agreement it shall become known that City does not, as of
the Effective Date, hold good, marketable and transferable title to Parcel
A, this Agreement may be terminable by School District upon adequate
notice (60 days)to City allowing City reasonable time, not to exceed sixty
(60) days, to remedy any breach of this Section. Upon City's failure to do
so, this Agreement School District shall be entitled to the remedies stated
in Sections 9.3.1 and 9.3.2, below. Upon election of Termination, the
Parcels shall revert to ownership of the respective Parties as of the date
and time immediately prior to the Effective Date.
9.2 School District's Title Evidence.
The Parties mutually agree that no title examination or commitment for
Parcel B shall be required. School District hereby warrants that it holds
good, marketable, transferable, and recordable title to Parcel B, subject
only to the Permitted Encumbrances. If at any time prior to, or following
the closing of this Agreement it shall become known that School District
does not, as of the Effective Date, hold good, marketable and transferable
title to Parcel B,this Agreement may be terminable by City upon adequate
notice (60 days) to School District allowing School District reasonable
time, not to exceed sixty days, to remedy any breach of this Section.
Upon School District's failure to do so, this Agreement City shall be
entitled to the remedies stated in Sections 9.3.1 and 9.3.2, below. Upon
election of Termination, the Parcels shall revert to ownership of the
respective Parties as of the date and time immediately prior to the
Effective Date.
9.3 Objections. Within ten (10) business days following the Closing of this
Agreement, each Party shall make written objections ("Objections")to the
state or content of the title to the Parcel it received under this Agreement.
Either Party's failure to make Objections within such time period will
constitute a waiver by that Party of all Objections. Any matter shown on
the title and/or subsequent survey and not objected to shall be a"Permitted
Encumbrance" pursuant to this Agreement. A Party will have sixty (60)
days after receipt of the Objections from the other Party to cure the
Objections, during which period the Closing will be postponed as
necessary. Parties shall use their best efforts to correct any Objections. If
the Objections are not cured within such sixty (60) day period, the
objecting party will have the option to do any of the following:
9.3.1 Termination. Terminate this Agreement.
7
9.3.2 Waiver. Waive the Objections.
10 Survey. Surveys for both Parcels have been completed and neither party shall be
responsible for conducting further surveys relative to either Parcel as a
contingency necessary to the closing of this Agreement.
11. Operation Prior to Closing. During the period from the Effective Date to the
Closing Date (the "Executory Period"), the Parties shall maintain the respective
Parcels in the ordinary course in accordance with prudent, reasonable standards,
including the maintenance of adequate liability insurance and insurance against
loss by fire, windstorm and other hazards, casualties and contingencies, including
vandalism and malicious mischief. However, neither Party shall execute any
contracts, leases or other agreements regarding its Parcel during the Executory
Period that are not terminable on or before the Closing Date, without the written
consent of the other Party, which consent may be withheld by the other Party in
its sole discretion.
12. Representations and Warranties by City. City represents and warrants to School
District as follows:
12.1 Authorily. City has the requisite municipal power and authority to enter
into and perform this Agreement and those Closing Documents signed by
it. Such documents have been (or will have been) duly executed and
delivered. Such execution, delivery and performance by City of such
documents do not (and will not) conflict with or result, as applicable, in a
violation of any judgment, order, or decree of any court or arbiter to which
City is a party. Such documents are (and will be) valid and binding
obligations of City, and are enforceable in accordance with their terms.
12.2 Title to Real Property. City owns Parcel A free and clear of all
encumbrances except the Permitted Encumbrances identified in Exhibit C
attached hereto.
12.3 Environmental Laws. Except as disclosed in writing to School District by
City, to the best of City's knowledge no toxic or hazardous substances or
wastes, pollutants or contaminants (including, without limitation, asbestos,
urea formaldehyde, the group of organic compounds known as
polychlorinated biphenyls, petroleum products including gasoline, fuel oil,
crude oil and various constituents of such products, and any hazardous
substance as defined in the Comprehensive Environmental Response
Compensation and Liability Act of 1980 ("CERCLA"), 42 U.S.C. Section
9601-9657, as amended) have been generated, treated, stored, released or
disposed of, or otherwise placed, deposited in or located on Parcel A nor
has any activity been undertaken on Parcel A that would cause or
contribute to (a) Parcel A to become a treatment, storage or disposal
facility within the meaning of, or otherwise bring Parcel A within the
ambit of, the Resource Conservation and Recovery Act of 1976
("RCRA"), 42 U.S.C. Section 6901 et seq., or any similar state law or
8
local ordinance, (b) a release or threatened release of toxic or hazardous
wastes or substances, pollutants or contaminants, from Parcel A within the
meaning of, or otherwise bring Parcel A within the ambit of, CERCLA, or
any similar state law or local ordinance, or (c) the discharge of pollutants
or effluents into any water source or system, the dredging or filling of any
waters or the discharge into the air of any emissions, that would require a
permit under the Federal Water Pollution Control Act, 33 U.S.C. Section
1251 et seq., or the Clean Air Act, 42 U.S.C. Section 7401 et seq., or any
similar state law or local ordinance. Except as disclosed in writing to
School District by City, to the best of City's knowledge there are no
substances or conditions in or on Parcel A that may support a claim or
cause of action under RCRA, CERCLA or any other federal, state or local
environmental statutes, regulations, ordinances or other environmental
regulatory requirements, including without limitation, the Minnesota
Environmental Response and Liability Act, Minn. Stat. 115B ("MERLA")
and the Minnesota Petroleum Tank Release Cleanup Act, Minn. Stat.
115C. To the best of City's knowledge no above ground or underground
tanks are located in or about Parcel A or have been located under, in or
about Parcel A and have subsequently been removed or filled.
12.4 Rights of Others to Purchase Parcel A. City has not entered into any other
contracts for the sale or transfer of Parcel A, nor are there any rights of
first refusal or options to purchase Parcel A or any other rights of others
that might prevent the consummation of this Agreement.
12.5 Defaults. City is not in default concerning any of its obligations or
liabilities regarding Parcel A.
12.6 FIRPTA. City is not a "foreign person," "foreign partnership," "foreign
trust" nor "foreign estate" as those terms are defined in Section 1445 of
the Internal Revenue Code.
12.7 Proceedings. There is no action, litigation, investigation, condemnation or
proceeding of any kind pending or threatened against City or any portion
of Parcel A, which would affect this Agreement.
12.8 Agents and Employees. No management agents or other personnel
employed in connection with the operation of Parcel A have the right to
continue such employment after the Closing Date. There are no claims for
brokerage commission or other payments with respect to Parcel A,
including leases which will survive and remain unpaid after the Date of
Closing.
12.9 Real Property Taxes. City shall pay all real property taxes for Parcel A
for the whole of the year in which this Agreement is executed.
12.10 Encumbrances. Parcel A is, or will be, as of the Closing Date, free and
clear of all liens, security interests, encumbrances, leases or other
restrictions to title other than the Permitted Exceptions.
9
12.11 Mechanics Liens. Any labor or material which has been furnished to
Parcel A during the one hundred twenty (120) days prior to the Closing
Date shall have been fully paid for or will be fully paid for prior to the
Closing Date so that no lien for labor or materials can be asserted against
either Parcel.
City will indemnify School District,their successors and assigns, against,and will
hold School District,their successors and assigns, harmless from, any expenses or
damages including reasonable attorneys' fees, that School District incur because
of the breach of any of the above representations and warranties, whether such
breach is discovered before or after Closing. Each of the representations and
warranties herein contained shall survive the Closing for a period of one year.
Consummation of this Agreement by School District with knowledge of any
breach of such representations and warranties by City will constitute a waiver or
release by School District of any claims due to such breach.
12.12 Anti-Terrorism, Executive Order 13224 and Public Law 107-56. City is
not in violation of any laws relating to terrorism or money laundering
("Anti-Terrorism Laws"), including Executive Order No. 13224 on
Terrorist Financing, effective September 24, 2001 (the "Executive
Order"), and the Uniting and Strengthening America by Providing
Appropriate Tools Required to Intercept and Obstruct Terrorism Act of
2001, Public Law 107-56.
City nor any of its agents acting or benefiting in any capacity in
connection with the transaction, is any of the following:
12.12.1 Person or entity that is listed in the annex to, or is
otherwise subject to the provisions of,the Executive Order;
12.12.2 Person or entity owned or controlled by, or acting for or on
behalf of, any Person or entity that is listed in the annex to,
or is otherwise subject to the provisions of, the Executive
Order;
12.12.3 Person or entity with which City is prohibited from dealing
or otherwise engaging in any transaction by any Anti-
Terrorism Law;
12.12.4 Person or entity that commits, threatens or conspires to
commit or supports "terrorism" as defined in the Executive
Order; or
12.12.5 Person or entity that is named as a "specially designated
national and blocked person" on the most current list
published by the U.S. Treasury Department Office of
10
Foreign Asset Control at its official website or any
replacement website or other replacement official
publication of such list.
Neither City nor any of its agents acting in any capacity in connection
with the transaction (i) conduct any business or engage in making or
receiving any contribution of funds, goods or services to or for the benefit
of any Person described above, (ii) deal in, or otherwise engage in any
transaction relating to, any property or interests in property blocked
pursuant to the Executive Order, or(iii) engages in or conspires to engage
in any transaction that evades or avoids, or has the purpose of evading or
avoiding, or attempts to violate, any of the prohibitions set forth in any
Anti-Terrorism Law.
City will indemnify the School District, its successors and assigns,
against, and will hold the School District, its successors and assigns,
harmless from, any expenses or damages including reasonable attorneys'
fees, that the School District incurs because of the breach of any of the
above representations and warranties, whether such breach is discovered
before or after Closing. Each of the representations and warranties herein
contained shall survive the Closing for a period of one year.
Consummation of this Agreement by the School District with knowledge
of any breach of such representations and warranties by City will
constitute a waiver or release by the School District of any claims due to
such breach.
12.13 Parcel Conveyed As Is. Except as otherwise stated in this agreement,
Parcel B is accepted and received as is.
13. Representations and Warranties by School District. School District represents
and warrants to City as follows:
13.1 Authorily. School District is the fee owner of Parcel B and is fully
qualified to transact business related thereto, including the sale,transfer or
exchange thereof and School District has the requisite legal power and
authority to enter into binding legal contracts, including this Agreement
and School District's Closing Documents signed by them. Such
documents have been duly authorized by School District and have been
duly executed and delivered. The execution, delivery and performance by
School District of such documents do not conflict with or result in
violation of state law or any judgment, order or decree of any court or
arbiter to which School District is a parry and such documents are valid
and binding obligations of School District, and are enforceable in
accordance with their terms.
13.2 Title to Real Property. School District owns Parcel B free and clear of all
encumbrances except the Permitted Encumbrances identified on Exhibit
D attached hereto.
11
13.3 Environmental Laws. Except as disclosed in writing to City by School
District, to the best of School District's knowledge, no toxic or hazardous
substances or wastes, pollutants or contaminants (including, without
limitation, asbestos, urea formaldehyde, the group of organic compounds
known as polychlorinated biphenyls, petroleum products including
gasoline, fuel oil, crude oil and various constituents of such products, and
any hazardous substance as defined in the Comprehensive Environmental
Response Compensation and Liability Act of 1980 ("CERCLA"), 42
U.S.C. Section 9601-9657, as amended) have been generated, treated,
stored, released or disposed of, or otherwise placed, deposited in or
located on Parcel B nor has any activity been undertaken on Parcel B that
would cause or contribute to (a) Parcel B to become a treatment, storage
or disposal facility within the meaning of, or otherwise bring Parcel B
within the ambit of, the Resource Conservation and Recovery Act of 1976
("RCRA"), 42 U.S.C. Section 6901 et seq., or any similar state law or
local ordinance, (b) a release or threatened release of toxic or hazardous
wastes or substances, pollutants or contaminants, from Parcel B within the
meaning of, or otherwise bring Parcel B within the ambit of, CERCLA, or
any similar state law or local ordinance, or (c) the discharge of pollutants
or effluents into any water source or system, the dredging or filling of any
waters or the discharge into the air of any emissions, that would require a
permit under the Federal Water Pollution Control Act, 33 U.S.C. Section
1251 et seq., or the Clean Air Act, 42 U.S.C. Section 7401 et seq., or any
similar state law or local ordinance. Except as disclosed in writing to City
by School District, to the best of School District's knowledge, no
substances or conditions in or on Parcel B that may support a claim or
cause of action under RCRA, CERCLA or any other federal, state or local
environmental statutes, regulations, ordinances or other environmental
regulatory requirements, including without limitation, the Minnesota
Environmental Response and Liability Act, Minn. Stat. 115B ("MERLA")
and the Minnesota Petroleum Tank Release Cleanup Act, Minn. Stat.
115C. To the best of School District's knowledge, no above ground or
underground tanks are located in or about Parcel B or have been located
under, in or about Parcel B and have subsequently been removed or filled.
13.4 Rights of Others to Purchase Parcel B. School District has not entered
into any other contracts for the sale or transfer of Parcel B. nor are there
any rights of first refusal or options to purchase Parcel B or any other
rights of others that might prevent the consummation of this Agreement.
13.5 Defaults. School District is not in default concerning any of its
obligations or liabilities regarding Parcel B.
13.6 FIRPTA. School District is not, individually or collectively, a "foreign
person," "foreign partnership," "foreign trust" nor "foreign estate" as
those terms are defined in Section 1445 of the Internal Revenue Code.
13.7 Proceedings. There is no action, litigation, investigation, condemnation or
12
proceeding of any kind pending or threatened against School District or
any portion of Parcel B,which would affect this Agreement.
13.8 Agents and Employees. No management agents or other personnel
employed in connection with the operation of Parcel B have the right to
continue such employment after the Closing Date. There are no claims for
brokerage commission or other payments with respect to Parcel B,
including leases which will survive and remain unpaid after the Date of
Closing.
13.9 Real Property Taxes. School District shall pay all real property taxes for
Parcel B for the whole of the year in which this Agreement is executed.
13.10 Encumbrances. Parcel B is, or will be, as of the Closing Date, free and
clear of all liens, security interests, encumbrances, leases or other
restrictions to title other than the Permitted Exceptions.
13.11 Mechanics Liens. Any labor or material which has been furnished to
Parcel B during the one hundred twenty (120) days prior to the Closing
Date shall have been fully paid for or will be fully paid for prior to the
Closing Date so that no lien for labor or materials can be asserted against
either Parcel.
13.12 Anti-Terrorism, Executive Order 13224 and Public Law 107-56. School
District are not in violation of any laws relating to terrorism or money
laundering ("Anti-Terrorism Laws"), including Executive Order No.
13224 on Terrorist Financing, effective September 24, 2001 (the
"Executive Order"), and the Uniting and Strengthening America by
Providing Appropriate Tools Required to Intercept and Obstruct Terrorism
Act of 2001,Public Law 107-56.
School District nor any of its agents acting or benefiting in any capacity in
connection with the transaction, is any of the following:
13.12.1 Person or entity that is listed in the annex to, or is
otherwise subject to the provisions of,the Executive Order;
13.12.2 Person or entity owned or controlled by, or acting for or on
behalf of, any Person or entity that is listed in the annex to,
or is otherwise subject to the provisions of, the Executive
Order;
13.12.3 Person or entity with which City is prohibited from dealing
or otherwise engaging in any transaction by any Anti-
Terrorism Law;
13.12.4 Person or entity that commits, threatens or conspires to
commit or supports "terrorism" as defined in the Executive
13
Order;or
13.12.5 Person or entity that is named as a "specially designated
national and blocked person" on the most current list
published by the U.S. Treasury Department Office of
Foreign Asset Control at its official website or any
replacement website or other replacement official
publication of such list.
Neither School District nor any of its agents acting in any capacity in
connection with the transaction (i) conduct any business or engage in
making or receiving any contribution of funds, goods or services to or for
the benefit of any Person described above, (ii) deal in, or otherwise engage
in any transaction relating to,any property or interests in property blocked
pursuant to the Executive Order, or(iii) engages in or conspires to engage
in any transaction that evades or avoids, or has the purpose of evading or
avoiding, or attempts to violate, any of the prohibitions set forth in any
Anti-Terrorism Law.
School District will indemnify the City, its successors and assigns, against, and
will hold the City, its successors and assigns, harmless from, any expenses or
damages including reasonable attorneys' fees, that the City incurs because of the
breach of any of the above representations and warranties, whether such breach is
discovered before or after Closing. Each of the representations and warranties
herein contained shall survive the Closing for a period of one year.
Consummation of this Agreement by the City with knowledge of any breach of
such representations and warranties by School District will constitute a waiver or
release by the City of any claims due to such breach.
13.13 Parcel Conveyed As Is. Except as otherwise stated in this agreement,
Parcel A is accepted and received as is.
14. Condemnation. If, prior to the Closing Date, eminent domain proceedings are
commenced against all or any part of either Parcel by any entity,the owner of that
Parcel shall immediately give notice to the other Party of such fact and at the
receiving Party's option (to be exercised within thirty (30) days after the date of
notice), this Agreement shall terminate, in which event neither Party will have
further obligations hereunder, except for the rights and obligations of
indemnification set forth in Sections 5 and 16. If the Party shall fail to give such
notice then the current owner of the Parcel subject to condemnation proceedings
shall assign to the Party receiving the Parcel, at the Closing Date, all of the
current owner's rights, title and interest in and to any award made or to be made
in the condemnation proceedings. Prior to the Closing Date, if the Agreement has
terminated h first sentence of this Section neither P
not been a ated pursuant to s art}'
p
shall designate counsel, appear in, or otherwise act with respect to such
condemnation proceedings without the other Party's prior written consent.
15. Broker's Commission. City and School District represent and warrant to each
14
other that neither has dealt with brokers, finders or the like in connection with this
transaction, and agree to indemnify each other and to hold each other harmless
against all claims, damages, costs or expenses of or for any other such fees or
commissions resulting from their actions or agreements regarding the execution
or performance of this Agreement, and will pay all costs of defending any action
or lawsuit brought to recover any such fees or commissions incurred by the other
party, including reasonable attorney's fees.
16. Mutual Indemnification. City and School District agree to indemnify each other
against, and hold each other harmless from, all liabilities (including reasonable
attorney's fees in defending against claims) arising out of the ownership,
operation or maintenance of the Parcels for their respective periods of ownership.
Such rights of indemnification will not arise to the extent that; (a) the party
seeking indemnification actually receives insurance proceeds or other cash
payments directly attributable to the liability in question, (net of the cost of
collection, including reasonable attorney's fees); or (b) the claim for
indemnification arises out of the act or neglect of the party seeking
indemnification. If and to the extent that the indemnified Party has insurance
coverage, or the right to make claim against any third party for any amount to be
indemnified against as set forth above, the indemnified Party will, upon full
performance by the indemnifying Party of its indemnification obligations, assign
such rights to the indemnifying party or, if such rights are not assignable, the
indemnified Party will diligently pursue such rights by appropriate legal action or
proceeding and assign the recovery and/or right of recovery to the indemnifying
Party to the extent of the indemnification payment made by such Party.
17. Survival. Except as otherwise stated herein, all of the terms of this Agreement
will survive and be enforceable for a period of one year after the Closing.
18. Notices. Any notice required or permitted to be given by any Party upon the
other is given in accordance with this Agreement if it is directed to City by
delivering it personally to an officer of City, or if it is directed to School District,
by delivering it personally to them, or if mailed in a sealed wrapper by United
States registered or certified mail, return receipt requested, postage prepaid, or if
deposited cost paid with a nationally recognized, reputable overnight courier,
properly addressed as follows:
If to City: City of Eden Prairie
Attention: Bob Lambert
8080 Mitchell Road
Eden Prairie, MN 55344-2230
Facsimile: 952-949-8480
With a copy to: Richard F.Rosow
Gregerson, Rosow,Johnson&Nilan,Ltd.
1600 Park Building
650 Third Avenue South
15
Minneapolis, MN 55402-4337
Facsimile: 612-349-6718
If to School District: ATTN: Patricia Magnuson
8100 School Road
Eden Prairie, MN 55344
With a copy to: Larry Wertheim
Kennedy&Graven, Chartered
470 U.S. Bank Plaza
200 South 6th Street
Minneapolis,MN 55402
Notices shall be deemed effective on the earlier of the date of receipt or the date of deposit as
aforesaid, provided, however, that if notice is given by deposit, the time for response to any
notice by the other party shall commence to run one business day after any such deposit. Any
party may change its address for the service of notice by giving written notice of such change to
the other parry, in any manner above specified, 10 days prior to the effective date of such
change.
19. Captions. The paragraph headings or captions appearing in this Agreement are
for convenience only, are not a part of this Agreement and are not to be
considered in interpreting this Agreement.
20. Entire Agreement; Modification. This written Agreement constitutes the
complete agreement between the Parties and supersedes any prior oral or written
agreements between the Parties regarding the Parcels. There are no verbal
agreements that change this Agreement and no waiver of any of its terms will be
effective unless in writing executed by the Parties.
21. Binding Effect. This Agreement binds and benefits the Parties and their
successors in interest,heirs and assigns.
22. Controlling Law. This Agreement has been made under the laws of the State of
Minnesota, and such laws will control its interpretation.
23. Remedies. (The remedies and procedures set forth in this Section including
notice and opportunity to cure do not apply to either Party under Section 4.) If
either Party defaults under this Agreement,the non-defaulting Party shall have the
right to terminate this Agreement by giving written notice to the defaulting Party.
If the defaulting Party fails to cure such default within thirty (30) days of the date
of such notice, this Agreement will terminate, and upon such termination School
District's rights in and to the Survey performed on Parcel A shall be
automatically assigned to City and School District shall executed such assignment
documents as may be necessary to confirm said assignment. Likewise, City's
rights in and to the Survey performed on Parcel B shall be automatically assigned
16
to School District and City shall executed such assignment documents as may be
necessary to confirm said assignment. Except as stated in the following
sentences, the termination of this Agreement and the assignment of rights in and
to the Surveys as stated above will be the sole remedies available to either Party
for such default by the other Party. City and School District acknowledge and
agree that any liability of either Party to the other under the indemnity provided
under Sections 12, 13, 15 and 16 hereof will not be limited hereby and each Party
may maintain an action to recover any sums due under said indemnification
provisions. This provision does not preclude either Party from seeking and
recovering specific performance of this Agreement from the other Party. Neither
Party shall have the right to seek damages from the other Party for the other
Party's defaults hereunder, including but not limited to damages for loss of
bargain in failing to acquire the desired Parcel as contemplated herein.
IN AGREEMENT, City and School District have executed this Agreement as of the date first
written above.
CITY:
CITY OF EDEN PRAIRIE
By Date Signed:
Nancy Tyra-Lukens
Its Mayor
By Date Signed:
Scott Neal
Its City Manager
SCHOOL DISTRICT:
By Date Signed:
By Date Signed:
17
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 )
The foregoing instrument was acknowledged before me this day of ,
2005, by and , respectively the Chair and the
of Independent School District 272 a Minnesota public school
corporation, on behalf of said corporation.
Notary Public
Anderson School Site Exchange Agreement 2-28-06.DOC
18
EXHIBITS:
EXHIBIT A - Legal description of Parcel A
EXHIBIT B - Le al description of Parcel B
g
EXHIBIT Permitted Encumlrces(Sectioi" Z
EXHIBI
�F. : ':' ]WOW cumbrances{Se J,2}
19
EXHIBIT A
LEGAL DESCRIPTION OF PARCEL A
That part of the North Half of Section 8, Township 116 North, Range 22 West, Hennepin
County,Minnesota, described as follows:
Commencing at the southwest corner of the Southeast Quarter of the Northwest
Quarter of Section 8; thence North 2 degrees 45 minutes 21 seconds West, along
the west line of said Southeast Quarter of the Northwest Quarter of Section 8, a
distance of 654.29 feet; thence South 55 degrees 37 minutes 52 seconds East a
distance of 184.26 feet; thence easterly along a tangential curve concave to the
north having a radius of 560 feet, a central angle of 54 degrees 00 minutes 00
seconds and a length of 527.79 feet;thence easterly along a reverse curve concave
to the south having a radius of 1010.00 feet, a central of 38 degrees 00 minutes 00
seconds and a length of 669.80 feet to a point on the west line of the Northeast
Quarter of said Section 8; thence North 2 degrees 27 minutes 52 seconds West,
along said west line of the Northeast Quarter of Section 8, a distance of 549.66
feet; thence EAST, parallel with said south line of the north half of Section 8, a
distance of 111.91 feet to the point of beginning of the land to be described;
thence EAST, along said parallel line, a distance 1098.77 feet to the westerly
Right of Way line of Hennepin County State Aid Highway No. 4; thence North 1
degree 45 minutes 45 seconds West, along said westerly line, a distance of 104.50
feet; thence South 88 degrees 14 minutes 15 seconds West, along said westerly
line, a distance of 11.81 feet; thence North 1 degree 45 minutes 45 seconds West,
along said westerly line, a distance of 42.65 feet; thence northerly, along said
westerly line, 4.40 feet along a tangential curve concave to the west having a
radius of 3239.83 feet and a central angle of 0 degrees 04 minutes 40 seconds;
thence westerly along a nontangential curve concave to the south having a radius
of 55.75 feet, a central angle of 39 degrees 13 minutes 24 seconds, a length of
38.17 feet, chord bearing of North 77 degrees 38 minutes 31 seconds West and a
chord length of 37.42 feet;thence southwesterly along a compound curve concave
to the south having a radius of 313.00 feet, a central angle of 17 degrees 48
minutes 59 seconds and a length of 97.33 feet; thence South 62 degrees 49
minutes 11 seconds West, tangent to said curve, a distance of 76.00 feet; thence
westerly along a tangential curve concave to the north having a radius of 807.91
feet, a central angle of 48 degrees 01 minutes 07 seconds and a length of 677.09
feet; thence North 69 degrees 09 minutes 41 seconds West, tangent to said curve,
a distance of 70.67 feet; thence South 21 degrees 04 minutes 03 seconds West a
distance of 8.00 feet; thence North 69 degrees 09 minutes 41 seconds West a
distance of 26.53 feet; thence southwesterly along a tangential curve concave to
the south having a radius of 11.25 feet, a central angle of 89 degrees 06 minutes
08 seconds and a length of 17.50 feet; thence southwesterly along a reverse curve
concave to the north having a radius of 54.11 feet, a central angle of 88 degrees
44 minutes 26 seconds and a length of 83.80 feet; thence North 69 degrees 31
minutes 23 seconds West, tangent to said curve, a distance of 15.45 feet; thence
South 35 degrees 54 minutes 45 seconds West a distance of 63.99 feet to the point
of beginning.
20
EXHIBIT B
LEGAL DESCRIPTION OF PARCEL B
That part of Outlot B, Staring Lake Clubs Courts and Villages, Hennepin County,
Minnesota, described as follows:
Beginning at the Northeast Corner of said Outlot B, thence South 26 degrees 05
minutes 51 seconds West, along east line of said Outlot B, a distance of 194.68
feet; thence North 79 degrees 27 minutes 20 seconds West a distance of 277.31
feet; thence North 88 degrees 15 minutes 00 seconds West a distance 130.00 feet;
thence North 09 degrees 02 minutes 42 seconds West a distance of 110.88 to a
point on the north line of said Outlot B; thence easterly, along said north line to
the point of beginning.
21
EXHIBIT C
PERMITTED ENCUMBRANCES
22
EXHIBIT D
PERMITTED ENCUMBRANCES
23
CITY COUNCIL AGENDA DATE:
SECTION: Public Hearings March 8, 2006
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.A.
Community Development/Planning Primrose School of Eden Prairie
Janet Jeremiah
Scott A.Kipp
Requested Action
Move to:
• Close the Public Hearing; and
• Adopt the Resolution for Planned Unit Development Concept Review on 1.8 acres; and
• Approve 1 st Reading of the Ordinance for Planned Unit Development District Review with
waivers, and Zoning District Amendment within the Office Zoning District on 1.8 acres; and
• Direct Staff to prepare a Development Agreement incorporating Staff and
Commission recommendations and Council conditions.
Synopsis
This project is for an 11,000 square foot child care facility and outside activity area.
Background Information
The existing building foundation will remain and be expanded to accommodate the proposed use.
The existing parking lot will remain and is setback 10 feet from Terrey Pine Court. This will
require a waiver from the required 17.5 feet. The waiver may have merit since the parking and
building foundation to remain has been an existing condition for over 25 years, and that the
existing landscaping provides the necessary screening.
Planning Commission Recommendation
The Planning Commission voted 8-0 to recommend approval of the project to the City Council at
the February 13, 2006 meeting, with a recommendation to add a dormer on the north end of the
building. The plans have been revised showing the dormer.
Attachments
• Resolution for PUD Concept Review
• Staff Report dated 2-10-06
• Location Map
• Land Use&Zoning Map
• Planning Commission Minutes dated 2-13-06
PRIMROSE SCHOOL OF EDEN PRAIRIE
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO.2006-
A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT
CONCEPT OF PRIMROSE SCHOOL OF EDEN PRAIRIE
FOR PRIMROSE SCHOOL FRANCHISE COMPANY
WHEREAS the Cityof Eden Prairie has b virtue of City Code provided for the
Y h'
Planned Unit Development(PUD)Concept of certain areas located within the City; and
WHEREAS, the Planning Commission did conduct a public hearing on February 13,
2006, on Primrose School of Eden Prairie by Primrose School Franchise Company 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 March 8, 2006.
NOW,THEREFORE,BE IT RESOLVED by the City Council of Eden Prairie,
Minnesota, as follows:
1. Primrose School of Eden Prairie,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 February 23, 2006.
3. That the PUD Concept meets the recommendations of the Planning Commission
February 13,2006.
ADOPTED by the City Council of the City of Eden Prairie this 8�h day of March,2006.
Nancy Tyra-Lukens,Mayor
ATTEST:
Kathleen A. Porta, City Clerk
EXHIBIT A
PUD Concept- Primrose School of Eden Prairie
Legal Description:
Lot 13, Block 2, Mitchell Lake Estates, according to the recorded plat thereof, Hennepin County,
Minnesota
STAFF REPORT
TO: Planning Commission
FROM: Scott A.Kipp, Senior Planner
DATE: February 10,2006
SUBJECT: Primrose School
APPLICANT Primrose School Franchising Company
OWNER: Park Nicollet Clinic
LOCATION: 7800 Eden Prairie Road
1. Planned Unit Development Concept Review on 1.8 acres.
2. Planned Unit Development District Review with waivers on 1.8
acres.
3. Zoning District Amendment within the Office Zoning District on 1.8
acres.
4. Site Plan Review on 1.8 acres.
Staff Report—Primrose School
February 10,2006
Page 2
BACKGROUND
This site is guided and zoned Office. Surrounding land use consists of Community Commercial
to the north,Neighborhood Commercial to the east and south, Office and Medium Density
Residential to the west. The previous use of the property was for the Park Nicollet Medical
Clinic.
SITE PLAN
The site plan shows an 11,000 square foot child care facility and outside activity area. The existing
building foundation will remain and be expanded to accommodate the proposed use. The base
area/floor area ratio is 0.14. Code permits up to a 0.30 base area ratio and a 0.50 floor area ratio.
The building meets the required setbacks in the Office District. A total of 55 parking spaces,
including 7 proof-of-parking spaces,are provided meeting code based on 5 spaces per 1,000 square
feet of building.
The existing parking lot will remain and is setback 10 feet from Terrey Pine Court. Code requires
parking to be setback 35 feet along one frontage and 17.5 feet for additional frontages. This will
require a waiver from 17.5 feet down to 10 feet. The waiver may have merit since the parking and
building foundation to remain has been an existing condition for over 25 years,and that the existing
landscaping provides the necessary screening.
The property is already platted. Additional road easements are proposed to accommodate an
existing offset of Terry Pine Drive, and a future right turn lane along Eden Prairie Road.
GRADING AND DRAINAGE
A total of 72 diameter inches of significant trees are on the property. Tree loss is 10 diameter
inches.Tree replacement is 2 caliper inches and is provide in the plan.
The site will include new storm water pond.
UTILITIES
The building is connected to city sewer and water.
TRAFFIC
The proposed use is shown to generate a total of 871 daily trips,with an A.M.peak of 141 trips and
PM peak of 145 trips. The capacity of the exiting road system can handle the proposed traffic.
LANDSCAPING
2
Staff Report—Primrose School
February 10,2006
Page 3
A total of 34 caliper inches of landscaping is required. Together with the tree replacement,a total of
36 caliper inches is provided meeting code.
ARCHITECTURE
The existing office building architecture will be modified to look residential using a pitched roof,
dormers and white windows and shutters. The building meets the requirement for 75%face brick,
glass, or natural stone on the exterior walls.
A new trash enclosure constructed of face brick will be located along the north portion of the site.
The existing down cast cut-off parking lot lights will remain.
The proposed monument and building signs meet code for the Office District.
SUMMARY
A child care facility is an appropriate use of the property and is permitted in an Office Zoning
District. The traffic generated from the use can be accommodated by the existing road system.
The residential design of the building will blend well with the adjacent residential development.
STAFF RECOMMENDATION
Recommend approval of the following request:
• Planned Unit Development Concept Review on 1.8 acres.
• Planned Unit Development District Review with waivers on 1.8 acres.
• Zoning District Amendment within the Office Zoning District on 1.8 acres.
• Site Plan Review on 1.8 acres.
This is based on plans dated January 26, 2006, and the following conditions:
1. Prior to grading permit issuance the proponent shall:
g gp p p
A. Submit detailed storm water runoff, utility, and erosion control plans for review and
approval by the City Engineer and Watershed District.
B. Notify the City and Watershed District 48 hours in advance of grading.
C. Install erosion control around the property.
3
Staff Report—Primrose School
February 10,2006
Page 4
2. Prior to building permit issuance for the property,the proponent shall:
A. Submit road easements to accommodate an existing offset of Terry Pine Drive and a
future right turn lane along Eden Prairie Road.
B. Provide a landscaping/tree replacement surety equivalent to 150%of the cost of the
landscaping for 36 caliper inches.
C. Submit exterior building material samples and colors for review.
4
I
Area Location Map - Primrose School of Eden Prairie
Location: 7800 Eden Prairie Road
I------Lt
-0
-T...........-
Highway#5
--------------
Terrey Pine Ct
Terrey Pine Dr.
Eden Prairie Rd.
f Co. Rd.4 -
ff
(1 Lincoln La.
Timber Lake Dr S
�, El' Y .'
Zoning Map
Primrose School of Eden Prairie
7800 Eden Prairie Road
Highway 5
s,
Terre}+Pine Court
,
Terrey Pine Drive
f
!' Eden Prairie Road/Go.Rd.4
fj
t
t` t
1
1
Y
Lincoln Lane
o
Timber Lake Drive y
0
City of Eden Prairie Zoning Map
Rural one Family-10 acre min, liiginvay,commercial Shoreland Management Classifications
R11•44 One Family-44;UO0 sf,min. Regional Service Commercial N Natural Environment Waters
RI-22 One Family-22,000 at min. Regional commercial ii� Recreational Development waters
Gi General Development Waters(Creeks Only)
RI-13:5 One Family-13,500 sf min. Industrial park-2 Acre Min, 100- Year Floodplain
R1-8.5 One Family g;500 si min. "_',%% Industrial Park-S Acre Min, Highway 0312%%st of County Road#4 is proposed,not constructed at Ws lime.
RM•5.5 1,41u111-Fatuity-63 U.P.A.max. General industrial 5 Acre Min.Up dated ttxough Ordnance#002005
RM-2.5 MulWFamity17A U.P.A,max. Public Ovdinanze#33 2001(8FI Addition)approved,but not shown on(his map edition
Office lri+ater Date.June 24.,2005
Neighborhood Commercial Right-of-My
Community Commercial Chanhassen City limits
1
Guide Plan Map
Primrose School of Eden Prairie
7800 Eden Prairie Road
\fix
I..............
x..
Highway 5
Terrey Pine Court
Terrey ���
Pine DriveAM
1
t
M ;
• Eden Prairie Road/r' Road
Lincoln Lane
1
an
Timber Lake Drive
Cif
a
Law Density Residential 9 2.5 UnsAcre Principal
hborhood Commercial
Low Density/ ublwOpen Space Community Commercial --A Minor Arterial
Medium Density residential 2.5-10 Units/Acre Regional Commercial B Minor Arterial
Q Medium Density Residenfialiotfice Parwopen Space -•-Major Collector r
FM High Density Residential 10410 UnitsfAcre PublictOussi-Public Minor Collector
Office Church/Cemetary
Otfice{indusisial Open Water DATE Approves 03-19-03
VZA officeiPublictopen Space Right-Of-Way DATE REV SBtl 01•07
-05
Industrial -Metropolitan Urban Service Line(MUSA)
Creeks
APPROVED MINUTES
EDEN PRAIRIE PLANNING COMMISSION
MONDAY,FEBRUARY 13,2006 7:00 P.M.,CITY CENTER
Council Chambers
8080 Mitchell Road
BOARD MEMBERS: Larry Kacher,John Kirk,Vicki Koenig,
Kathy Nelson,Peter Rocheford,Fred Seymour,
Ray Stoelting, Jon Stoltz, William Sutherland
STAFF MEMBERS: Stu Fox, Manager of Parks and Natural Resources
Al Gray, City Engineer
Mike Franzen, City Planner
Julie Krull,Recording Secretary
1. PLEDGE OF ALLEGIANCE—ROLL CALL
Chair Stoelting called the meeting to order at 7:00 p.m. Absent: Kacher.
II. APPROVAL OF AGENDA
MOTION by Kirk, seconded by Koenig, to approve the agenda. Motion carried
8-0.
III. MINUTES
PLANNING COMMISSION MEETING HELD ON DECEMBER 12,2005
MOTION by Stoltz, seconded by Koenig,to approve the minutes. Motion carried 5-0.
Nelson, Seymour and Sutherland abstained.
PLANNING COMMISSION MEETING HELD ON JANUARY 9,2006
MOTION by Stoltz, seconded by Koenig, to approve the minutes. Motion carried 5-0.
Kirk, Rocheford and Stoelting abstained.
PLANNING COMMISSION MEETING HELD ON JANUARY 23,2006
Koenig had a revision on page 3, second paragraph,third sentence. It should read,
"Stoelting asked Mr. Lintner if he needed those steps that were located to the right of the
hot tub."
Planning Commission Minutes
February 13, 2006
Page 2
MOTION by Nelson, seconded by Koenig,to approve the minutes. Motion carried 5-0.
Kirk,Rocheford and Sutherland abstained.
IV. PUBLIC MEETING
V. INFORMATIONAL MEETING
VI. PUBLIC HEARINGS
A. HORIZON PLACE by Commercial Horizons. Request for:
Comprehensive Guide Plan Change from Medium Density Residential to
Regional Commercial on 1.74 acres;Planned Unit Development concept Review
on 7.52 acres;Planned Unit Development District Review on 5.87 acres;Zoning
District Change from Rural to Commercial Regional Service on 1.74 acres; Site
Plan Review on 5.87 acres; Preliminary Plat of 7.52 acres into 1 lot and road
right-of-way.
Kim Larsen, of RSP Architects, located in Minneapolis, presented the proposal.
She stated that this was a continuation from the January 23, 2006 Planning
Commission Meeting. She utilized the overhead project to illustrate the changes
made to the proposal.
Stoelting asked Franzen to review the staff report. Franzen stated that Staff
recommends approval according to the recommendations on page 2 and 3 of the
staff report. There is one slight modification that would have to be met before
coming before the City Council and that would be to meet the one-half foot-
candle lighting requirement at the south property line between the loading dock
and parking lot and the neighboring residential use.
Stoelting opened the meeting up for public input. There was no input.
Nelson commented that the plans presented tonight looked quite a bit superior
then the previous plans submitted.
Koenig asked Fox if he was comfortable with the landscaping plan for this
project. Fox stated he was comfortable with the plan.
Stoltz asked Ms. Larsen about the tower that was taken out of the east elevation
and whythat was. Ms. Larsen stated that Staff had given her two options for the
g P
plans and one was with a tower and one was without. They chose to go with the
plan that did not have the tower. Stoltz asked if she had a diagram showing how
the building would look with the tower in place. Ms.Larsen stated she did not
have a diagram.
Planning Commission Minutes
February 13, 2006
Page 3
Franzen stated that two options were given to the project proponent and the one
presented tonight was one that was recommended.
Stoelting asked Ms.Larsen if there was any problem meeting the lighting
requirement. Ms.Larsen stated there would be no problem.
MOTION by Rocheford, seconded by Nelson,to close the public hearing.
Motion carried 8-0.
MOTION by Koenig, seconded by Seymour, to approve the Comprehensive
Guide Plan Change from Medium Density Residential to Regional Commercial
on 1.74 acres; Planned Unit Development Concept Review on 7.52 acres;Planned
Unit Development District Review on 5.87 acres;Zoning District Change from
Rural to Commercial Regional Service on 1.74 acres; Site Plan Review on 5.87
acres;Preliminary Plat of 7.52 acres into 1 lot and road right-of-way,based on
plans stamped dated January 30,2006, and the staff report dated February 10,
2006. Motion carried 8-0.
B. PRIMROSE SCHOOL OF EDEN PRAIRIE by Primrose School Franchising
Company. Request for: Planned Unit Development Concept Review on 1.8 acres;
Planned Unit Development District Review with waivers on 1.8 acres;Zoning
District Amendment within the Office Zoning District on 1.8 acres; Site Plan
Review on 1.8 acres. Located at 7800 Eden Prairie Road.
Mark Pavey, of the Children's Design Group,presented the proposal. He started
out by stating that they are purchasing the existing doctor's clinic at 7800 Eden
Prairie Road and plan to renovate the existing building and add 3200 square feet
to make it a first class child care facility. Mr.Pavey pointed out that the existing
building was built in three phases in a modular structure. They would now like to
take parts of that building down to make it have more of a residential appearance.
He used the overhead projector to show illustrations of the building. He stated
that they have complied with all of the current zoning codes except for the
parking setback along Terry Pine Road. What they would like to do is to take 5 or
6 parking spots out to create a rain garden.
Stoelting asked Franzen to review the staff report. Franzen stated that the project
conforms to all of the district regulations with the exception for the 10 foot
setback,which represents an existing condition, and because of that they need to
plant the additional trees around the perimeter of the building to provide
screening.Franzen stated that Staff recommends approval based on page 3 and 4
of the staff report.
Stoelting opened the meeting up for public input. There was no input.
Nelson asked about the play areas around the building and what kind of fencing
would be used to enclose these areas. Mr.Pavey stated that there will be fencing
Planning Commission Minutes
February 13, 2006
Page 4
around the whole perimeter of the building. He said it would be a 6 foot wrought
iron fence. He also pointed out that there would be landscaping from the parking
area to the convenience store. Nelson asked if the fencing would go around the
whole building. Mr. Pavey stated that it would go around the whole building.
Nelson asked if the kids would be able to get thru the fencing. Mr. Pavey pointed
out that the spacing in the fencing is 3 %2"apart and there would be no possible
way the kids would be able to get thru the fence.
Stoelting asked about the sloping in the play area and if the project proponent
planned to level off the area. Mr.Pavey stated that they would flatten the berm in
the play area. He used the overhead projector to illustrate this.
Stoltz asked the Commission if they felt that there was too much roof line on the
east elevation and could more peaks be put in the back of the building.
Stoelting clarified what Stoltz was commenting on and stated that the peaks were
of concern. Stoltz stated that he was just concerned with the peaks on the back
side of the building.
Stoelting asked Mr.Pavey to discuss the elevation on the back side of the
building. Mr.Pavey stated that they did not enhance this area with peaks because
it faces the back side of the convenience store. He used the overhead projector to
illustrate this. Stoltz asked if one of the gables could be put up in the north area.
Mr. Pavey stated that is could.
Koenig pointed out that this was a nice transition for the neighborhood.
MOTION by Kirk, seconded by Rocheford,to close the public hearing. Motion
carried 8-0.
MOTION by Kirk, seconded by Rocheford,to approve the Planned Unit
Development Concept Review on 1.8 acres;Planned Unit Development District
Review with waivers on 1.8 acres; Zoning District Amendment within the Office
Zoning District on 1.8 acres; Site Plan Review on 1.8 acres, based on plans
stamped dated January 26, 2006 and the staff report dated February 10, 2006,with
the addition of an architectural feature on the north end of the building. Motion
carried 8-0.
C. EDEN PLACE APRTMENTS CLUBHOUSE by RREFF. Request for:
Planned Unit Development Concept Amendment on 32.7 acres;Planned Unit
Development District Review on 32.7 acres;Zoning District Amendment within
the RM-2.5 Zoning District on 32.7 acres; Site Plan Review on 32.7 acres.
Located at: 8680 Magnolia Trail, 8675 Marigold Circle, 1300 Dahlia Circle.
Brian Cluts,representing RREEF, presented the proposal. He stated that the
project involves a consolidation of fitness rooms and community rooms from
Planning Commission Minutes
February 13, 2006
Page 5
eight separate locations into one central location,which would be the fitness
center clubhouse. He said that they tried to use the elements of the existing
building to combine them into the new clubhouse facility. He pointed out that the
same brick, siding, roof pitches, gables and colors would be used. He used the
overhead projector to illustrate the clubhouse.
Stoelting asked Franzen to review the staff report. Franzen stated that this project
does conform to standards and Staff recommends approval based on
recommendations on page 2 and 3 of the staff report.
Stoelting opened the meeting up for public input. There was no input.
Nelson asked about the community rooms and how would the change impact the
existing rooms. Mr. Cluts stated that there would be four community rooms in the
new clubhouse. Nelson asked if the clubhouse would be available for rental to the
residents. Mr. Cluts stated that it would be available for rental. Nelson asked if
the main community room could be closed off to the fitness center and Mr. Cluts
stated that it does close off to the fitness center.
Seymour asked Gray if there were two rain gardens on this proposed plan. Gray
confirmed that there would be two rain gardens on the property. Seymour asked
what kind of ongoing maintenance this would involve. Gray stated that there is
some ongoing maintenance but the apartment complex would hire professional
maintenance to handle the aesthetics of this situation.
Stoltz asked Mr. Cluts if the rent would be going up in order to build the new
clubhouse. Mr. Cluts stated that he did not think the rent would go up due to the
building of the new clubhouse.
Nelson pointed out that in the rendering drawings there are flowering plants and
bushes and asked if they would be included in the clubhouse. Mr. Cluts stated
they would but probably not to the extent that the drawing displayed.
MOTION by Sutherland, seconded by Koenig,to close the public hearing.
Motion carried 8-0.
MOTION by Sutherland, seconded by Nelson,to approve the Planned Unit
Development Concept Amendment on 32.7 acres; Planned Unit Development
District Review on 32.7 acres;Zoning District Amendment within the RM-2.5
Zoning District on 32.7 acres; Sit Plan Review on 32.7 acres;based on plans
stamped dated February 2, 2006 and the staff report dated February 10, 2006.
Motion carried 8-0.
VII. MEMBERS' REPORTS
VHL CONTINUING BUSINESS
Planning Commission Minutes
February 13, 2006
Page 6
IX. NEW BUSINESS
X. PLANNERS' REPORTS
Franzen stated that there will be one item on the agenda for the February 27, 2006,
meeting. It will be an information meeting about a guide plan change from low density
residential to medium density residential on a vacant piece of property at the east
terminus of Lee Drive.
XI. ADJOURNMENT
MOTION by Stoltz, seconded by Koenig,to adjourn the meeting. Motion carried
8-0.
There being no further business,the meeting adjourned at 7:40 p.m.
CITY COUNCIL AGENDA DATE: March 8, 2006
SECTION: Public Hearings
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII. B.
Community Eden Place Apartments Clubhouse
Development/Planning
Janet Jeremiah
Regina Herron
Requested Action
Move to:
• Close the Public Hearing; and
• Adopt the Resolution for Planned Unit Development Concept Amendment on 32.7 acres;
and
• Approve 1 st Reading of the Ordinance for Planned Unit Development District Review, and
Zoning District Amendment within the RM-2.5 Zoning District on 32.7 acres;and
• Direct Staff to prepare a Development Agreement incorporating Staff and
Commission recommendations and Council conditions.
Synopsis
The existing development is 504 apartment units. Each building includes common fitness
rooms,party rooms, or leasing offices. The plan shows a new 4,500 sq. ft. free standing
clubhouse and the conversion of the existing common function space within the apartment
complex into four new apartment units.
The plan meets the requirements of the RM-2.5 zone.
Planning Commission Recommendation
The Planning Commission voted 8-0 to recommend approval of the project to the City Council at
its February 13, 2006 meeting.
Attachments
1. Resolution for PUD Concept Amendment
2. Staff Report dated 2-10-06
3. Location Map
4. Land Use &Zoning Map
5. Planning Commission Minutes dated 02-13-06
EDENPLACE APARTMENTS CLUBHOUSE
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO.2006-
A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT
CONCEPT OF EDEN PLACE APARTMENTS CLUBHOUSE
FOR RREEF
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 February 13,
2006, on Eden Place Apartments Clubhouse by RREEF 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 March 8, 2006.
NOW,THEREFORE,BE IT RESOLVED by the City Council of Eden Prairie,
Minnesota, as follows:
1. Eden Place Apartments Clubhouse,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 February 20, 2006.
3. That the PUD Concept meets the recommendations of the Planning Commission
February 13, 2006.
ADOPTED by the City Council of the City of Eden Prairie this 8t'day of March,2006.
Nancy Tyra-Lukens,Mayor
ATTEST:
Kathleen A.Porta, City Clerk
EXHIBIT A
PUD Concept
Legal Description:
Lot 1,Block 2,Eden Place Apartments,Hennepin County,Minnesota
STAFF REPORT
TO: Planning Commission
FROM: Regina Herron,Planner I
THROUGH: Michael D. Franzen
DATE: February 10,2006
SUBJECT: Eden Place Apartments Clubhouse
APPLICANT: RREEF
OWNER: Eden Prairie RPF III Limited Partnership
LOCATION: 8680 Magnolia Trail, 8675 Marigold Circle, 1300 Dahlia Circle
REQUEST: • Planned Unit Development Concept Amendment on 32.7 acres
• Planned Unit Development District Review on 32.7 acres
• Zoning District Amendment within the RM-2.5 Zoning District on
32.7 acres
• Site Plan Review on 32.7 acres
Staff Report—Eden Place Apartments Clubhouse
February 10,2006
Page 2
BACKGROUND
This site is guided High Density Residential and zoned RM-2.5. The existing development is
504 apartment units. Each building includes common fitness rooms, party rooms, or leasing
offices.
SITE PLAN
The site plan shows a 4,500 sq. ft. free standing clubhouse and the conversion of the existing
common function space within the apartment complex into four new apartment units.
The addition meets the required setbacks, floor area ratio and base area ratio in the RM-2.5 zone.
A total of 1,016 total parking stalls are required. 1,017 parking spaces, including 17 proof-of-
parking spaces are provided.
ARCHITECTURE
The building meets the requirement for 75%face brick, glass, or natural stone on the exterior
walls.
LANDSCAPING
No significant trees will be lost. 31 caliper inches are required for the clubhouse addition. 12
caliper inches are required for non-significant trees lost. A total of 44 caliper inches is provided
in the plan.
GRADING AND DRAINAGE
Rainwater gardens are proposed.
STAFF RECOMMENDATION
Recommend approval of the following request:
• Planned Unit Development Concept Amendment on 32.7 acres
• Planned Unit Development District Review on 32.7 acres
• Zoning District Amendment within the RM-2.5 Zoning District on 32.7 acres
• Site Plan Review on 32.7 acres
This is based on plans stamp dated February 2, 2006,the Staff Report dated February 10, 2006
and the following conditions:
1. Prior to grading permit issuance,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.
Staff Report—Eden Place Apartments Clubhouse
February 10,2006
Page 3
B. Notify the City and Watershed District 48 hours in advance of grading.
2. Prior to building permit issuance for the property,the proponent shall:
A. Provide a tree replacement surety equivalent to 150%of the cost of the tree
replacement for 44 caliper inches.
B. Submit exterior building material samples and colors for review.
Area Location Map - Eden Place Apartments Clubhouse
Location: 8680 Magnolia Trail
Magnolia Trl
fGarden La
Anderson Lakes Pkwy
Columbine Rd
Staring Lake Pkwy
<\ HWY 292/Technology Drive
N SriW
Guide Plan Map
Eden Place Apartments Clubhouse
8680 Magnolia Trail
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' Guide
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Low Density Residential 0-2,5 Units/Acre Neighborhood Commercial Principal Arterial
Low Density/Public/Open Space community commercial A MinorArteriai /
Medium Density residential 2-5-10 Units/Acre Regional commercial —8 Minor Arterial `
Medium Density Residential/Office Park/Open Space Major Collector r
i 1 3
High Density Residential 10-40 Units/Acre Public/Quasi-Public Minor Collector
Office Church/Cemelary
Office/industrial Open Water DATE Appmwd 03-1903
oA:e noastd o"r as
Office/Public/Open Space Right-Of-Way
Industrial ——Metropolitan Urban Service Line(MUSA)
Creeks
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Zoning Map
Eden Place Apartments Clubhouse
8680 Magnolia Trail
Magnolia Trail
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City of Eden Prairie Zoning Map
0 Rural One Family-10 acre fr tt f-fighway commercial Shoreland Management Classifications '
RI-44 One Family-44,000 sl.min. Regional service Commercial 1�0 Natural Environment Waters
RI-22 One Family-22,000 sf min. Regional Commercial [pid Recreational Development Waters
(o General Development Waters(Greeks Only) i
RI-13.5 One Family-I3,500 at mm Industrial Park-2Acre Min, ® 100- Year Floodpiain
RI-9.5 One Family-9.500 sf min ', Industrial Park•5 Acre Min. Highway 9312 Akist of County Road.#4 is proposed,not constructed at this lime.
RM-5.5 Multi-Family S.7 U AA,max. General Industrial-$Acre Min. Up dated through Ordinance#09.2005
RM-24 Multi-Family-17.4,U.P.A.max. Public Chdinance#3320D1(SH Addition)approved,but not shown on this map edition
OtTce Water Date:June24,21K5 � ) 1
t�-.; t uuN trFa Y l�ShaaM a 4 Mra.Anso Y.
t z Neighborhood Commercial �t2iHttit-bt-Way xa.-u.:�,�,.+�:r:�m^.�E�ra.+��>-u��tijs;:..,.
Community Commercial Chanhassen city limits
APPROVED MINUTES
EDEN PRAIRIE PLANNING COMMISSION
MONDAY,FEBRUARY 13,2006 7:00 P.M.,CITY CENTER
Council Chambers
8080 Mitchell Road
BOARD MEMBERS: Larry Kacher,John Kirk,Vicki Koenig,
Kathy Nelson, Peter Rocheford,Fred Seymour,
Ray Stoelting,Jon Stoltz, William Sutherland
STAFF MEMBERS: Stu Fox, Manager of Parks and Natural Resources
Al Gray, City Engineer
Mike Franzen,City Planner
Julie Krull,Recording Secretary
I. PLEDGE OF ALLEGIANCE—ROLL CALL
Chair Stoelting called the meeting to order at 7:00 p.m. Absent: Kacher.
IL APPROVAL OF AGENDA
MOTION by Kirk, seconded by Koenig,to approve the agenda. Motion carried
8-0.
III. MINUTES
PLANNING COMMISSION MEETING HELD ON DECEMBER 12,2005
MOTION by Stoltz, seconded by Koenig,to approve the minutes. Motion carried 5-0.
Nelson, Seymour and Sutherland abstained.
PLANNING COMMISSION MEETING HELD ON JANUARY 9,2006
MOTION by Stoltz, seconded by Koenig,to approve the minutes. Motion carried 5-0.
Kirk, Rocheford and Stoelting abstained.
PLANNING COMMISSION MEETING HELD ON JANUARY 23,2006
Koenig had a revision on page 3, second paragraph,third sentence. It should read,
"Stoelting asked Mr. Lintner if he needed those steps that were located to the right of the
hot tub."
Planning Commission Minutes
February 13, 2006
Page 2
MOTION by Nelson, seconded by Koenig,to approve the minutes. Motion carried 5-0.
Kirk, Rocheford and Sutherland abstained.
IV. PUBLIC MEETING
V. INFORMATIONAL MEETING
VI. PUBLIC HEARINGS
A. HORIZON PLACE by Commercial Horizons. Request for:
Comprehensive Guide Plan Change from Medium Density Residential to
Regional Commercial on 1.74 acres;Planned Unit Development concept Review
on 7.52 acres; Planned Unit Development District Review on 5.87 acres;Zoning
District Change from Rural to Commercial Regional Service on 1.74 acres; Site
Plan Review on 5.87 acres; Preliminary Plat of 7.52 acres into 1 lot and road
right-of-way.
Kim Larsen,of RSP Architects, located in Minneapolis,presented the proposal.
She stated that this was a continuation from the January 23, 2006 Planning
Commission Meeting. She utilized the overhead project to illustrate the changes
made to the proposal.
Stoelting asked Franzen to review the staff report. Franzen stated that Staff
recommends approval according to the recommendations on page 2 and 3 of the
staff report. There is one slight modification that would have to be met before
coming before the City Council and that would be to meet the one-half foot-
candle lighting requirement at the south property line between the loading dock
and parking lot and the neighboring residential use.
Stoelting opened the meeting up for public input. There was no input.
Nelson commented that the plans presented tonight looked quite a bit superior
then the previous plans submitted.
Koenig asked Fox if he was comfortable with the landscaping plan for this
project. Fox stated he was comfortable with the plan.
Stoltz asked Ms.Larsen about the tower that was taken out of the east elevation
and why that was. Ms.Larsen stated that Staff had given her two options for the
plans and one was with a tower and one was without. They chose to go with the
plan that did not have the tower. Stoltz asked if she had a diagram showing how
the building would look with the tower in place. Ms.Larsen stated she did not
have a diagram.
Planning Commission Minutes
February 13, 2006
Page 3
Franzen stated that two options were given to the project proponent and the one
presented tonight was one that was recommended.
Stoelting asked Ms.Larsen if there was any problem meeting the lighting
requirement. Ms. Larsen stated there would be no problem.
MOTION by Rocheford, seconded by Nelson,to close the public hearing.
Motion carried 8-0.
MOTION by Koenig, seconded by Seymour,to approve the Comprehensive
Guide Plan Change from Medium Density Residential to Regional Commercial
on 1.74 acres;Planned Unit Development Concept Review on 7.52 acres; Planned
Unit Development District Review on 5.87 acres;Zoning District Change from
Rural to Commercial Regional Service on 1.74 acres; Site Plan Review on 5.87
acres;Preliminary Plat of 7.52 acres into 1 lot and road right-of-way,based on
plans stamped dated January 30,2006, and the staff report dated February 10,
2006. Motion carried 8-0.
B. PRIMROSE SCHOOL OF EDEN PRAIRIE by Primrose School Franchising
Company. Request for: Planned Unit Development Concept Review on 1.8 acres;
Planned Unit Development District Review with waivers on 1.8 acres;Zoning
District Amendment within the Office Zoning District on 1.8 acres; Site Plan
Review on 1.8 acres. Located at 7800 Eden Prairie Road.
Mark Pavey, of the Children's Design Group, presented the proposal. He started
out by stating that they are purchasing the existing doctor's clinic at 7800 Eden
Prairie Road and plan to renovate the existing building and add 3200 square feet
to make it a first class child care facility. Mr.Pavey pointed out that the existing
building was built in three phases in a modular structure. They would now like to
take parts of that building down to make it have more of a residential appearance.
He used the overhead projector to show illustrations of the building. He stated
that they have complied with all of the current zoning codes except for the
parking setback along Terry Pine Road. What they would like to do is to take 5 or
6 parking spots out to create a rain garden.
Stoelting asked Franzen to review the staff report. Franzen stated that the project
conforms to all of the district regulations with the exception for the 10 foot
setback,which represents an existing condition, and because of that they need to
plant the additional trees around the perimeter of the building to provide
screening.Franzen stated that Staff recommends approval based on page 3 and 4
of the staff report.
Stoelting opened the meeting up for public input. There was no input.
Nelson asked about the play areas around the building and what kind of fencing
would be used to enclose these areas. Mr. Pavey stated that there will be fencing
Planning Commission Minutes
February 13, 2006
Page 4
around the whole perimeter of the building. He said it would be a 6 foot wrought
iron fence. He also pointed out that there would be landscaping from the parking
area to the convenience store. Nelson asked if the fencing would go around the
whole building. Mr.Pavey stated that it would go around the whole building.
Nelson asked if the kids would be able to get thru the fencing. Mr.Pavey pointed
out that the spacing in the fencing is 3 '/2"apart and there would be no possible
way the kids would be able to get thru the fence.
Stoelting asked about the sloping in the play area and if the project proponent
planned to level off the area. Mr. Pavey stated that they would flatten the berm in
the play area. He used the overhead projector to illustrate this.
Stoltz asked the Commission if they felt that there was too much roof line on the
east elevation and could more peaks be put in the back of the building.
Stoelting clarified what Stoltz was commenting on and stated that the peaks were
of concern. Stoltz stated that he was just concerned with the peaks on the back
side of the building.
Stoelting asked Mr. Pavey to discuss the elevation on the back side of the
building. Mr.Pavey stated that they did not enhance this area with peaks because
it faces the back side of the convenience store. He used the overhead projector to
illustrate this. Stoltz asked if one of the gables could be put up in the north area.
Mr. Pavey stated that is could.
Koenig pointed out that this was a nice transition for the neighborhood.
MOTION by Kirk, seconded by Rocheford,to close the public hearing. Motion
carried 8-0.
MOTION by Kirk, seconded by Rocheford,to approve the Planned Unit
Development Concept Review on 1.8 acres;Planned Unit Development District
Review with waivers on 1.8 acres;Zoning District Amendment within the Office
Zoning District on 1.8 acres; Site Plan Review on 1.8 acres,based on plans
stamped dated January 26, 2006 and the staff report dated February 10,2006,with
the addition of an architectural feature on the north end of the building. Motion
carried 8-0.
C. EDEN PLACE APRTMENTS CLUBHOUSE by RREFF. Request for:
Planned Unit Development Concept Amendment on 32.7 acres;Planned Unit
Development District Review on 32.7 acres;Zoning District Amendment within
the RM-2.5 Zoning District on 32.7 acres; Site Plan Review on 32.7 acres.
Located at: 8680 Magnolia Trail, 8675 Marigold Circle, 1300 Dahlia Circle.
Brian Cluts,representing RREEF, presented the proposal. He stated that the
project involves a consolidation of fitness rooms and community rooms from
Planning Commission Minutes
February 13, 2006
Page 5
eight separate locations into one central location,which would be the fitness
center clubhouse. He said that they tried to use the elements of the existing
building to combine them into the new clubhouse facility. He pointed out that the
same brick, siding, roof pitches, gables and colors would be used. He used the
overhead projector to illustrate the clubhouse.
Stoelting asked Franzen to review the staff report. Franzen stated that this project
does conform to standards and Staff recommends approval based on
recommendations on page 2 and 3 of the staff report.
Stoelting opened the meeting up for public input. There was no input.
Nelson asked about the community rooms and how would the change impact the
existing rooms. Mr. Cluts stated that there would be four community rooms in the
new clubhouse. Nelson asked if the clubhouse would be available for rental to the
residents. Mr. Cluts stated that it would be available for rental. Nelson asked if
the main community room could be closed off to the fitness center and Mr. Cluts
stated that it does close off to the fitness center.
Seymour asked Gray if there were two rain gardens on this proposed plan. Gray
confirmed that there would be two rain gardens on the property. Seymour asked
what kind of ongoing maintenance this would involve. Gray stated that there is
some ongoing maintenance but the apartment complex would hire professional
maintenance to handle the aesthetics of this situation.
Stoltz asked Mr. Cluts if the rent would be going up in order to build the new
clubhouse. Mr. Cluts stated that he did not think the rent would go up due to the
building of the new clubhouse.
Nelson pointed out that in the rendering drawings there are flowering plants and
bushes and asked if they would be included in the clubhouse. Mr. Cluts stated
they would but probably not to the extent that the drawing displayed.
MOTION by Sutherland, seconded by Koenig, to close the public hearing.
Motion carried 8-0.
MOTION by Sutherland, seconded by Nelson,to approve the Planned Unit
Development Concept Amendment on 32.7 acres; Planned Unit Development
District Review on 32.7 acres; Zoning District Amendment within the RM-2.5
Zoning District on 32.7 acres; Sit Plan Review on 32.7 acres;based on plans
stamped dated February 2, 2006 and the staff report dated February 10, 2006.
Motion carried 8-0.
VII. MEMBERS' REPORTS
VIII. CONTINUING BUSINESS
Planning Commission Minutes
February 13, 2006
Page 6
IX. NEW BUSINESS
X. PLANNERS' REPORTS
Franzen stated that there will be one item on the agenda for the February 27, 2006,
meeting. It will be an information meeting about a guide plan change from low density
residential to medium density residential on a vacant piece of property at the east
terminus of Lee Drive.
XI. ADJOURNMENT
MOTION by Stoltz, seconded by Koenig,to adjourn the meeting. Motion carried
8-0.
There being no further business,the meeting adjourned at 7:40 p.m.
CITY COUNCIL AGENDA
DATE:
SECTION: Payment of Claims March 8, 2006
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.
Sue Kotchevar, Office of the Payment of Claims
City Manager/Finance
Requested Action
Move to: Approve the Payment of Claims as submitted(roll call vote)
Synopsis
Checks 149268 - 149624
Wire Transfers 2416 -2420
City of Eden Prairie
Council Check Summary
3/8/2006
Division Amount
General 30,206
100 City Manager 109
101 Legislative 55
110 City Clerk 329
III Customer Service 5,302
112 Human Resources 160
113 Communication Services 9,668
114 Benefits&Training 1,969
115 Risk Management 66,764
116 Facilities 40,913
117 City Center 59,128
130 Assessing 100
131 Finance 534
132 Social Services 2,102
133 Planning 531
135 Information Technology 7,426
136 Wireless Communication 71,449
137 Economic Development 3,075
150 Park Administration 1,109
151 Park Maintenance 5,939
153 Organized Athletics 2,060
154 Community Center 9,230
156 Youth Programs 9,686
158 Adult Recreation 1,959
159 Recreation Administration 365
160 Therapeutic Recreation 109
161 Oak Point Pool 5,349
162 Arts 3,468
163 Outdoor Center 584
164 Park Rental Facilities 265
180 Police 123,275
184 Fire 7,649
186 Inspections 379
200 Engineering 1,712
201 Street Maintenance 9,920
202 Street Lighting 714
203 Fleet Services 42,497
314 Liquor Compliance 349
316 WAFTA 5,540
428 G.O.Improv.Revolving 2005B 354
429 G.O.Improvement Bonds 2005C 15,276
430 G.O.Improvement Bonds 2006A 15,000
502 Park Development 739
506 Improvment Bonds 1996 4,182
509 CIP Fund 36,533
511 Construction Fund 182
517 212/Charlson Intersection 6,557
601 Prairie Village Liquor 117,687
602 Den Road Liquor 156,746
603 Prairie View Liquor 97,057
605 Den Road Building 220
701 Water Fund 133,655
702 Sewer Fund 2,880
703 Storm Drainage Fund 190
803 Escrow Fund 20,782
807 Benefits Fund 278,117
Report Totals 1,418,133
City of Eden Prairie
Council Check Register
3/8/2006
Check# Amount Vendor/Explanation Account Description Business Unit
2416 10,852 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund
2417 14,823 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund
2418 88,459 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits
2419 490 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Services
2420 64,890 MINNESOTA DEPT OF REVENUE Cash Over/Short General Fund
149268 500 BLOOMINGTON,CITY OF Tuition Reimbursement/School Police
149269 103 BROWNING,RYAN Other Hardware Information Technology
149270 300 CEMSTONE CONTRACTOR SUPPLY Conference Expense Engineering
149271 16,561 CIMA LABS INC Deposits Escrow
149272 302 COSTCO Training Supplies Organizational Services
149273 91 DUPONT,BRENT Tuition Reimbursement/School Police
149274 198 ECOLAB INC Other Contracted Services Cummins Grill
149275 59 FADDEN,TIMOTHY Mileage&Parking Inspections-Administration
149276 295 FSH COMMUNICATIONS LLC Telephone Miller Park
149277 989 GE CAPITAL Other Rentals General
149278 193 HENNEPIN COUNTY TREASURER Operating Supplies Planning
149279 23,347 LAKE ASSAULT CUSTOM BOATS LLC Improvement Contracts Capital Impr./Maint.Fund
149280 60,847 LEAGUE MN CITIES INS TRUST Insurance Risk Management
149281 99 LOVE AND LOGIC INSTITUTE,THE Tuition Reimbursement/School Police
149282 240 MARIN CONSULTING ASSOCIATES Tuition Reimbursement/School Police
149283 15 MASS Operating Supplies Senior Center Administration
149284 372 MINNESOTA ATHLETIC Clothing&Uniforms Fire
149285 195 MINNESOTA CHAPTER IAAI-J SCHAD Tuition Reimbursement/School Police
149286 76 OTTEN,DAN Mileage&Parking Inspections-Administration
149287 5,783 PARK NICOLLET CLINIC Other Contracted Services Risk Management
149288 412 PETTY CASH Operating Supplies Youth Programs Administration
149289 36 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Services
149290 1,075 RAMSEY COUNTY SHERIFF'S DEPT Tuition Reimbursement/School Police
149291 478 UNITED RENTALS HIGHWAY TECHNOL Conference Expense Water Utility-General
149292 330 US POSTMASTER-HOPKINS Postage Senior Center Administration
149293 53,266 XCEL ENERGY Electric City Hall-CAM
149294 120 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center
149295 100 ADOLF,HELEN K Refunds Environmental Education
149296 100 ALLEN,JAMES Refunds Environmental Education
149297 100 ALLEN,REBECCA Refunds Environmental Education
149298 235 AMERICAN PLANNING ASSN Dues&Subscriptions Planning
149299 25 AMUNDSON,TROY Program Fee Camps
149300 50 BOLD,PAULINE Instructor Service Outdoor Center
149301 135 CAMPOS,LORI Instructor Service Outdoor Center
149303 100 DODGE,GEORGE Refunds Environmental Education
149304 25 GUPTA GULATI,JUHI Program Fee Outdoor Center
149305 7 HAMEL,SHARON Lessons&Classes Oak Point Lessons
149306 100 HARO,ROGER E Refunds Environmental Education
149307 300 HENNEPIN COUNTY TREASURER Licenses&Taxes Assessing
149308 53 HERRMANN,SHERRY Supplies-General Bldg General Facilities
149309 1,311 HOME DEPOT CREDIT SERVICES Supplies-General Bldg Park Shelters
149310 106 KRESS,CARLA Mileage&Parking Senior Center Administration
149311 100 LANGLEY,MARY B Refunds Environmental Education
149312 131,378 MEDICA Medical Bills Prepaid Health and Benefits
149313 10 MINNESOTA DEPT OF LABOR AND IN Licenses&Taxes Fire Station#3
149314 45 MINNESOTA YIPA Tuition Reimbursement/School Police
149315 1,200 MN CHIEFS OF POLICE Tuition Reimbursement/School Police
149316 70,766 MOBILE RADIO ENGINEERING Other Assets Wireless Communication
149317 30 MPSA Conference Expense Park Maintenance
149318 8 NICHOLS,GARY Program Fee Outdoor Center
149319 100 NOBLE,RANAE Refunds Environmental Education
149320 174 PILLSBURY,ROBERT Memberships Community Center Admin
149321 37 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Services
149322 9 QUICKSILVER EXPRESS COURIER Postage Communication Services
149323 12 RATICAN,KATHLEEN Program Fee Classes/Programs/Events
149324 955 RENAISSANCE 1 DESIGN STUDIO Operating Supplies Winter Theatre
Check# Amount Vendor/Explanation Account Description Business Unit
149325 8 RICHESON,MARCY Program Fee Outdoor Center
149326 7 ROBERTS,VICKI Lessons&Classes Oak Point Lessons
149327 100 SHAVLIK,MICHAEL Refunds Environmental Education
149328 95 SSPC Dues&Subscriptions Water Utility-General
149329 25 SZECSI,GABRIELLA Program Fee Camps
149330 2,060 TEENS ALONE Other Contracted Services Housing,Trans,&Human Sery
149331 238 TEKIELA,STAN Operating Supplies Outdoor Center
149332 8 VERIZON WIRELESS Pager&Cell Phone Park Maintenance
149333 95 WHITE,NICOLE Mileage&Parking Therapeutic Rec Administration
149334 246 XCEL ENERGY Electric Den Road Liquor Store
149335 115 ACE ICE COMPANY Misc Non-Taxable Den Road Liquor Store
149336 126 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Prairie Village Liquor Store
149337 30 ARCTIC GLACIER INC Misc Non-Taxable Prairie Village Liquor Store
149338 5,994 BELLBOY CORPORATION Liquor Den Road Liquor Store
149339 81 BRW ENTERPRISES Wine Domestic Den Road Liquor Store
149340 5,240 DAY DISTRIBUTING Beer Prairie Village Liquor Store
149341 3,523 EAGLE WINE COMPANY Wine Imported Den Road Liquor Store
149342 96 EXTREME BEVERAGE Misc Taxable Prairie View Liquor Store
149343 2,298 GRAPE BEGINNINGS Wine Domestic Prairie Village Liquor Store
149344 7,117 GRIGGS COOPER&CO Liquor Prairie Village Liquor Store
149345 23,665 JOHNSON BROTHERS LIQUOR CO Liquor Prairie Village Liquor Store
149346 544 M.AMUNDSON LLP Misc Taxable Prairie View Liquor Store
149347 16,141 MARK VII Misc Taxable Prairie Village Liquor Store
149348 861 MIDWEST COCA COLA BOTTLING COM Misc Taxable Prairie View Liquor Store
149349 443 NEW FRANCE WINE COMPANY Wine Imported Den Road Liquor Store
149350 4,927 PAUSTIS&SONS COMPANY Wine Domestic Prairie View Liquor Store
149351 17,239 PHILLIPS WINE AND SPIRITS INC Liquor Prairie Village Liquor Store
149352 7,348 PRIOR WINE COMPANY Wine Domestic Den Road Liquor Store
149353 13,793 QUALITY WINE&SPIRITS CO Liquor Prairie Village Liquor Store
149354 722 SPECIALTY WINES AND BEVERAGES Wine Imported Prairie Village Liquor Store
149355 9,079 TAYLOR DIST CO OF MN INC Beer Den Road Liquor Store
149356 13,758 THORPE DISTRIBUTING Beer Prairie View Liquor Store
149357 194 TRUE FABRICATIONS Misc Taxable Den Road Liquor Store
149358 1,049 VINTAGE ONE WINES INC Wine Domestic Prairie Village Liquor Store
149359 2,805 WINE COMPANY,THE Wine Domestic Den Road Liquor Store
149360 4,546 WINE MERCHANTS INC Wine Imported Prairie View Liquor Store
149361 50 WINE SOURCE INTERNATIONAL Wine Imported Den Road Liquor Store
149362 6,543 WORLD CLASS WINES INC Wine Domestic Prairie View Liquor Store
149363 8 BLACKARD,LOUISE Program Fee Trips
149364 256 BLOOMINGTON LINOLEUM AND CARPE Supplies-General Bldg Furniture
149365 200 CARVER COUNTY SHERIFF'S DEPT. Deposits Escrow
149366 90 CINGULAR WIRELESS Pager&Cell Phone Police
149367 519 DE LAGE LANDEN FINANCIAL SERVI Other Rentals General
149368 34 DISH NETWORK Cable TV Community Center Admin
149369 176 GE CAPITAL Other Rentals General
149370 1,201 HENNEPIN COUNTY SHERIFF'S OFFI Board of Prisoner Police
149371 500 JONASON,MARVIN Other Contracted Services Winter Theatre
149372 54 LANNS,BONITA Program Fee Trips
149373 110,000 LEAGUE OF MINNESOTA CITIES Severance Police
149374 325 LUSHINE,PEGGY E Other Contracted Services Winter Theatre
149375 8 MARQUARDT,ESTHER Program Fee Trips
149376 500 MICHAELSON,LIZ Other Contracted Services Winter Theatre
149377 1,492 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund
149378 168 MINNESOTA DEPT OF REVENUE Garnishment Withheld General Fund
149379 311 MINNESOTA PRINT MANAGEMENT LLC Office Supplies General
149380 25 MPPOA Dues&Subscriptions Police
149381 365 MRPA Conference Expense Recreation Administration
149382 150 NATIONAL TACTICAL OFFICERS ASS Dues&Subscriptions Police
149383 500 OLSEN,JAMES 0 Other Contracted Services Winter Theatre
149384 11 PARK NICOLLET CLINIC Other Contracted Services Risk Management
149385 10 PAX CHRISTI CATHOLIC COMMUNITY Miscellaneous City Council
149386 51 PETSMART Canine Supplies Police
149387 7,570 PRAIRIEVIEW RETAIL LLC Building Rental Prairie View Liquor Store
149388 325 RAVEY,LEANNE Other Contracted Services Winter Theatre
149389 67 SORENSEN,ED Mileage&Parking Water Utility-General
Check# Amount Vendor/Explanation Account Description Business Unit
149390 8 STEWART,RUTH Program Fee Trips
149391 9 TIME WARNER CABLE Operating Supplies Fire
149392 75 VERIZON WIRELESS Postage Street Maintenance
149393 640 XCEL ENERGY Electric Senior Center
149394 71 CDW GOVERNMENT INC. Other Hardware Information Technology
149395 16,116 CENTERPOINT ENEGY Gas Prairie View Liquor Store
149396 160 COMMUNITY HEALTH CHARITIES United Way Withheld General Fund
149397 245 DEPARTMENT OF LABOR AND INDUST Conference Expense Inspections-Administration
149398 30,000 DORSEY&WHITNEY LLP Bond Issue Costs G.O.Improvement Bonds 2006A
149399 100 FABER,MARGERET Refunds Environmental Education
149400 660 GEE,JOHN Facility Rentals Community Center Admin
149401 75 MECA Conference Expense Engineering
149402 74 MINN OFFICE OF ENTERPRISE TECH Software Maintenance Information Technology
149403 15 NATIONAL AUTOMATIC SPRINKLER Cash Over/Short Water Enterprise Fund
149404 630 NORTHLAND SECURITIES INC Bond Issue Costs G.O.Improv Revolving 2005B
149405 349 PETTY CASH-POLICE DEPT Miscellaneous Liquor Compliance
149406 344 PITNEY BOWES INC Other Rentals General
149407 8,528 PRAIRIE PARTNERS SIX LLP Building Rental Prairie Village Liquor Store
149408 321 PROP United Way Withheld General Fund
149409 100 REED,SALLY Refunds Environmental Education
149410 100 ROOS,KEITH Refunds Environmental Education
149411 100 SCHAEPE,BARBARA Refunds Environmental Education
149412 100 TAYLOR,ANGIE Refunds Environmental Education
149413 300 UNITED WAY United Way Withheld General Fund
149414 21,277 XCEL ENERGY Electric Purgatory Creek Rec Area
149415 100 ZIEGLER,DAVID Refunds Environmental Education
149416 48 ACE ICE COMPANY Misc Non-Taxable Den Road Liquor Store
149417 117 AMERICAN 1NTERTRADE Repair&Maint.Supplies Prairie View Liquor Store
149418 7,061 BELLBOY CORPORATION Liquor Prairie Village Liquor Store
149419 14,269 DAY DISTRIBUTING Beer Den Road Liquor Store
149420 5,728 EAGLE WINE COMPANY Liquor Den Road Liquor Store
149421 96 EXTREME BEVERAGE Misc Taxable Prairie Village Liquor Store
149422 372 GRAPE BEGINNINGS Wine Imported Prairie Village Liquor Store
149423 10,140 GRIGGS COOPER&CO Liquor Prairie Village Liquor Store
149424 1,167 HOHENSTEINS INC Beer Den Road Liquor Store
149426 27,962 JOHNSON BROTHERS LIQUOR CO Liquor Prairie Village Liquor Store
149427 222 M.AMUNDSON LLP Misc Non-Taxable Den Road Liquor Store
149428 7,964 MARK VII Misc Taxable Den Road Liquor Store
149429 300 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store
149430 310 MT GLOBAL LLC Wine Imported Prairie Village Liquor Store
149431 235 NEW FRANCE WINE COMPANY Wine Imported Den Road Liquor Store
149432 2,972 PAUSTIS&SONS COMPANY Wine Imported Den Road Liquor Store
149433 11,450 PHILLIPS WINE AND SPIRITS INC Wine Domestic Den Road Liquor Store
149434 3,145 PRIOR WINE COMPANY Liquor Den Road Liquor Store
149435 13,635 QUALITY WINE&SPIRITS CO Liquor Prairie View Liquor Store
149436 15,780 TAYLOR DIST CO OF MN INC Beer Prairie View Liquor Store
149437 15,294 THORPE DISTRIBUTING Beer Den Road Liquor Store
149438 956 WINE COMPANY,THE Wine Domestic Den Road Liquor Store
149439 1,253 WINE MERCHANTS INC Wine Domestic Den Road Liquor Store
149440 1,033 WINE SOURCE INTERNATIONAL Wine Imported Den Road Liquor Store
149441 1,636 WORLD CLASS WINES INC Wine Domestic Den Road Liquor Store
149442 29 AMERICAN MESSAGING Pager&Cell Phone Sewer System Maintenance
149443 379 BLR INC Safety Supplies Water Utility-General
149444 164 CINGULAR WIRELESS Pager&Cell Phone Water System Maintenance
149445 616 CRESCENDO LEARNING CENTER LLC Instructor Service Preschool Events
149446 754 DARTNELL CORPORATION,THE Dues&Subscriptions Water Utility-General
149447 54 DAVIES/NORTHERN WATER WORKS Repair&Maint.Supplies Water System Maintenance
149448 62 G.C.PETERSON MACHINERY CO.IN Equipment Re air&Maint Park Maintenance
P
149449 100 HENNEPIN COUNTY TREASURER Operating Supplies Planning
149450 50 IAPE Dues&Subscriptions Police
149451 381 ICE SKATING INSTITUTE Operating Supplies Ice Arena
149452 1,530 INTERNATIONAL UNION OF OPERATI Union Dues Withheld General Fund
149453 206 LANZI,BOB Mileage&Parking Ice Arena
149454 575 LAW BULLETIN PUBLISHING CO Other Contracted Services Economic Development
149455 20 LEAGUE OF MINNESOTA CITIES Conference Expense Risk Management
Check# Amount Vendor/Explanation Account Description Business Unit
149456 99 LUDWIG,JAY Printing Winter Theatre
149457 375 MACQUEEN EQUIPMENT INC Conference Expense Sewer Utility-General
149458 257 MALONE,TOM Instructor Service Preschool Events
149459 283 MAROTTA,VIC Instructor Service Winter Skill Development
149460 58,280 MEDICA Medical Bills Prepaid Health and Benefits
149461 142 MENARDS Small Tools Water Utility-General
149462 7,267 MINNESOTA STATE RETIREMENT SYS Severance Fire
149463 201 NCPERS GROUP LIFE INSURANCE Life Insurance EE/ER General Fund
149464 104 ONCE UPON A STAR Instructor Service Special Events&Trips
149465 875 PADGETT THOMPSON Conference Expense Parks Administration
149466 32 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Services
149467 180 QWEST Telephone Water Utility-General
149468 59 RICHFIELD,CITY OF Autos Capital Impr./Maint.Fund
149469 104 RIDGEVIEW MEDICAL CENTER Other Contracted Services Risk Management
149470 70 RITCHIE,JOE Clothing&Uniforms Park Maintenance
149471 65 SARIGIANOPOULOS,RENA Mileage&Parking Communication Services
149472 7,460 SKYHAWKS SPORTS ACADEMY Instructor Service Athletics
149473 8 STAR TRIBUNE Misc Non-Taxable Den Road Liquor Store
149474 18 STATE OF MINNESOTA Operating Supplies Fleet Services
149475 42 UPS Equipment Repair&Maint Water Utility-General
149476 320 WALMART COMMUNITY Operating Supplies Teen Programs
149477 92 XCEL ENERGY Electric Traffic Signals
149478 259 A TO Z RENTAL CENTER Operating Supplies Park Maintenance
149479 408 ABLE HOSE&RUBBER INC Equipment Parts Water Treatment Plant
149480 938 ACHIEVEMENT CENTER, Operating Supplies Traffic Sig
ns
149481 428 ADOLPHKIEFER Operating Supplies Pool Operations
149482 675 AIR LIQUIDE INDUSTRIAL U.S.LP Chemicals Water Treatment Plant
149483 8,604 ALTERNATIVE BUSINESS FURNITURE Building Capital Impr./Maint.Fund
149484 252 AMERICAN PRESSURE INC Equipment Repair&Maint Fleet Services
149485 1,300 AMERICAN PUBLIC WORKS ASSOCIAT Dues&Subscriptions Engineering
149486 1,208 AMERICAN RED CROSS Recreation Supplies Pool Lessons
149487 358 AMSAN BRISSMAN-KENNEDY Cleaning Supplies Community Center Maintenance
149488 1,380 ANCHOR PRINTING COMPANY Printing Senior Center Administration
149489 1,655 APPLIED ECOLOGICAL SERVICES IN Other Contracted Services 212/Charlson Rd.Intersectio
149490 743 ASPEN EQUIPMENT CO. Equipment Repair&Maint Fleet Services
149491 8,455 AUDIOVISUAL INC Video&Photo Supplies Communication Services
149492 156 BAN-KOE SYSTEMS INC Operating Supplies Community Center Admin
149493 284 BATTERY INC,THE 1 Sewer Liflstation
B ERY STORE Small Tools
149494 254 BAUER BUILT TIRE AND BATTERY Equipment Parts Fleet Services
149495 896 BERTELSON OFFICE PLUS Office Supplies Water Utility-General
149496 985 BIFFS INC Waste Disposal Park Maintenance
149497 183 BOYER TRUCKS Equipment Parts Fleet Services
149498 364 BOYER TRUCKS SO.ST.PAUL Equipment Parts Fleet Services
149499 2,167 BRAUN INTERTEC CORPORATION Design&Engineering Construction Fund
149500 179 BRO-TEX INC Cleaning Supplies Water Utility-General
149501 197 BRYAN ROCK PRODUCTS INC Gravel Water Utility-General
149502 104 CATCO PARTS SERVICE Equipment Repair&Maint Fleet Services
149503 190 CLAREYS INC Protective Clothing Sewer Utility-General
149504 654 COMMERCIAL STEAM TEAM Other Contracted Services Prairie Village Liquor Store
149505 44 CONCRETE CUTTING&CORING INC Equipment Parts Fleet Services
149506 361 CONNEY SAFETY PRODUCTS Cleaning Supplies Water Treatment Plant
149507 921 CONTINENTAL SAFETY EQUIPMENT Equipment Repair&Maint Sewer Utility-General
149508 1,750 CONTROL STUFF INC. Equipment Repair&Maint Water Treatment Plant
149509 3,074 CORPORATE EXPRESS Office Supplies General
149510 145 COSTCO MEMBERSHIP Miscellaneous Finance
149511 28,233 CUTLER-MAGNER COMPANY Chemicals Water Treatment Plant
149512 1,707 DECORATIVE DESIGNS INC Building Repair&Maint. Water Treatment Plant
149513 435 DELL Other Hardware Information Technology
149514 1,695 DEZURIK WATER CONTROLS Equipment Parts Water Treatment Plant
149515 1,704 DLT SOLUTIONS INC. Software Maintenance Information Technology
149516 361 DNR Awards Broomball
149517 10,745 DRT TRANSPORT Other Contracted Services Water System Maintenance
149518 2,127 DYNAMIC IMAGING SYSTEMS INC Software Maintenance Information Technology
149519 604 EDEN PRAIRIE APPLIANCE Supplies-General Bldg Public Works/Parks
149520 234 EDEN PRAIRIE ROTARY CLUB Dues&Subscriptions Parks Administration
Check# Amount Vendor/Explanation Account Description Business Unit
149521 714 EDEN PRAIRIE WINLECTRIC Operating Supplies Street Lighting
149522 279 EF JOHNSON Equipment Repair&Maint Wireless Communication
149523 625 EID,SCOTT Other Contracted Services Broomball
149524 17 ENVIRONMENTAL EQUIPMENT&SERV Equipment Parts Fleet Services
149525 3,844 ENVIRONMENTAL PROCESS INC Other Contracted Services Water Treatment Plant
149526 2,364 ESRI Software Maintenance Information Technology
149527 148 FACTORY MOTOR PARTS COMPANY Equipment Parts Fleet Services
149528 238 FASTENAL COMPANY Equipment Parts Water Treatment Plant
149529 1,640 FIRENET SYSTEMS INC Building Repair&Maint. Water Treatment Plant
149530 119 FRESCO INC Operating Supplies Park Maintenance
149531 202 G&K SERVICES Clothing&Uniforms General Facilities
149532 816 G&K SERVICES-MPLS INDUSTRIAL Cleaning Supplies Water Treatment Plant
149533 121 GARTNER REFRIGERATION&MFG IN Repair&Maint-Ice Rink Ice Arena Maintenance
149534 3,731 GENERAL REPAIR SERVICE Equipment Parts Water Treatment Plant
149535 5,540 GEOMATRIXCONSULTANTS INC Other Contracted Services WAFTA
149536 12 GERTENS Operating Supplies Park Maintenance
149537 464 GOPHER STATE ONE-CALL INC Other Contracted Services Water System Maintenance
149538 55 GOVERNMENT FINANCE OFFICERS AS Dues&Subscriptions Finance
149539 2,623 GRAINGER Operating Supplies Park Maintenance
149540 304 GREAT RIVER PRINTING SERVICES Operating Supplies Finance
149541 480 GREG LARSON SPORTS Recreation Supplies Summer Skill Development
149542 14 GROTH MUSIC Operating Supplies Community Band
149543 30,701 HARTLAND FUEL PRODUCTS LLC Motor Fuels Fleet Services
149544 84 HAUGLAND,KELLY Other Contracted Services Volleyball
149545 100 HOLMES,DAVE Other Contracted Services Basketball
149546 512 HOLMES,TOM Other Contracted Services Volleyball
149547 10,416 HONEYWELL INDUSTRY SOLUTIONS Equipment Repair&Maint Water Treatment Plant
149548 1,074 ICI DULUX PAINT CTRS Building Materials Water Utility-General
149549 5,287 IND SCHOOL DIST 272 Operating Supplies Camps
149550 198 INDUSTRIAL FLOOR MAINTENANCE I Equipment Parts Fleet Services
149551 366 INDUSTRIAL LIGHTING SUPPLY INC Operating Supplies Water Treatment Plant
149552 246 INFRATECH Operating Supplies Water Utility-General
149553 547 INSIGHT PUBLIC SECTOR Other Hardware Information Technology
149554 109 ITS A KEEPER Operating Supplies City Manager
149555 437 J H LARSON COMPANY Supplies-Electrical City Hall-CAM
149556 166 JANEX INC Supplies-General Bldg General Facilities
149557 3,351 KEEPERS Clothing&Uniforms Police
149558 1,162 LAB SAFETY SUPPLY INC Protective Clothing Sewer System Maintenance
149559 150 LAKE COUNTRY DOOR Contract Svcs-General Bldg Public Works/Parks
149560 994 LAMETTRYS COLLISION Equipment Repair&Maint Fleet Services
149561 128 LANDS END CORPORATE SALES Clothing&Uniforms Police
149562 2,023 MACQUEEN EQUIPMENT INC Equipment Repair&Maint Fleet Services
149563 189 MARK'S Repair&Maint.Supplies Water Treatment Plant
149564 2,500 MARKETLINE RESEARCH INC Other Contracted Services Economic Development
149565 365 MATTS AUTO SERVICE INC Equipment Repair&Maint Fleet Services
149566 1,590 MAXI-PRINT INC Printing Police
149567 202 MENARDS Repair&Maint.Supplies Sewer Utility-General
149568 393 METROPOLITAN FORD Equipment Parts Fleet Services
149569 799 MIDWEST DESIGN CO Printing Communication Services
149570 406 MINNESOTA GLOVE INC Safety Supplies Fleet Services
149571 55 MINNESOTA SAFETY COUNCIL Office Supplies General
149572 382 MTI DISTRIBUTING INC Equipment Parts Fleet Services
149573 160 NATIONAL WATERWORKS Equipment Parts Water Treatment Plant
149574 126 NEPTUNE-BENSON Repair&Maint.Supplies Pool Maintenance
149575 8,289 NORTH AMERICAN SALT CO Salt Snow&Ice Control
149576 421 NORTHERN SAFETY TECHNOLOGY INC Equipment Parts Fleet Services
149577 42 NORTHERN TOOL Equipment Repair&Maint Water Utility-General
149578 192 NUCO21NC Chemicals Pool Maintenance
149579 417 OLSEN COMPANIES Equipment Repair&Maint Park Maintenance
149580 233 PAPER DIRECT INC Operating Supplies Winter Theatre
149581 313 PEPSI COLA COMPANY Merchandise for Resale Concessions
149582 423 PIONEER RIM&WHEEL CO Equipment Parts Fleet Services
149583 2,456 PRAIRIE ELECTRIC COMPANY Repair&Maint.Supplies Water Treatment Plant
149584 153 PRINTERS SERVICE INC Contract Svcs-Ice Rink Ice Arena Maintenance
149585 90 PUSH PEDAL PULL Equipment Repair&Maint Fitness Center
Check# Amount Vendor/Explanation Account Description Business Unit
149586 570 QUALITY PROPANE Motor Fuels Ice Arena Maintenance
149587 138 REED BUSINESS INFORMATION Sweeping Storm Drainage
149588 45 RIGID HITCH INCORPORATED Equipment Parts Fleet Services
149589 9 SCHARBER&SONS Equipment Parts Fleet Services
149590 2,780 SHANNON CHEMICAL CORPORATION Chemicals Water Treatment Plant
149591 4,182 SHORT ELLIOTT HENDRICKSON INC Design&Engineering Improvement Projects 1996
149592 723 SIMPLEXGRINNELL LP Contract Svcs-Fire/Life/Safe Community Center Maintenance
149593 396 SNAP-ON TOOLS Small Tools Fleet Services
149594 160 SOCIETY FOR HUMAN RESOURCE MAN Dues&Subscriptions Human Resources
149595 6,638 SOUTH METRO PUBLIC SAFETY TRAI Contract Svcs-General Bldg Public Safety Training Facilit
149596 457 SPRI PRODUCTS INC Operating Supplies Fitness Classes
149597 9,598 SRF CONSULTING GROUP INC Testing-Soil Boring 212/Charlson Rd.Intersectio
149598 4,883 ST CROIX ENVIRONMENTAL INC Other Contracted Services Water Treatment Plant
149599 63 ST JOSEPH EQUIPMENT INC Equipment Parts Fleet Services
149600 107 STANDARD REGISTER Office Supplies General
149601 93 STEMPF AUTOMOTIVE INDUSTRIES I Equipment Parts Fleet Services
149602 2,710 STEVENS ENGINEERS Building General Facilities
149603 1,790 STREICHERS Operating Supplies Police
149604 9 SUBURBAN CHEVROLET Equipment Parts Fleet Services
149605 697 SUBURBAN TIRE WHOLESALE INC Tires Fleet Services
149606 2,240 SUN NEWSPAPERS Employment Advertising Organizational Services
149607 458 TKDA Design&Engineering Water Utility-General
149608 26,600 TMI COATINGS INC Building Repair&Maint. Water Treatment Plant
149609 38 TOTAL REGISTER Operating Supplies Prairie View Liquor Store
149610 140 TRANS ALARM INC Contract Svcs-Security City Center Operations
149611 566 TWIN CITY FILTER SERVICE INC Operating Supplies Water Treatment Plant
149612 179 TWIN CITY TACTICAL Clothing&Uniforms Police
149613 40 UNIFORMS UNLIMITED Operating Supplies Police
149614 553 UNLIMITED SUPPLIES INC Equipment Parts Fleet Services
149615 165 UPPER MIDWEST COMMUNITY POLICI Tuition Reimbursement/School Police
149616 329 VALLEY RICH CO INC Other Contracted Services Water System Maintenance
149617 66 VESSCO INC Small Tools Water Treatment Plant
149618 297 VIDEO SERVICE OF AMERICA Video&Photo Supplies Communication Services
149619 1,894 WATSON CO INC,THE Merchandise for Resale Concessions
149620 40 WOLF CAMERA Video&Photo Supplies Water Utility-General
149621 95 X-ERGON Safety Supplies Water Treatment Plant
149622 21,925 YALE MECHANICAL INC Contract Svcs-HVAC Water Utility-General
149623 252 ZAHN,GERALD Other Contracted Services Volleyball
149624 1,814 ZEP MANUFACTURING CO Lubricants&Additives Fleet Services
1,418,133 Grand Total
CITY COUNCIL AGENDA DATE:
SECTION: Appointments March 8, 2006
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIILA.
City Council 2006 City Commission Appointments
Requested Action
Move to: Appoint to the Arts&Culture Commission:
Farida Kathawalla,Ann Rorem, and Diane Zielke —Terms to expire 03/31/2009
Karen Busack and Elizabeth Grant—Terms to expire 03/32/2008
Move to: Appoint to the Heritage Preservation Commission:
Ann Higgins—Term to expire 03/31/2009
Richard Akerlund—Term to expire 03/31/2007
Move to: Appoint to the Human Rights and Diversity Commission:
Gerry Beckmann, Cari Maguire, and Larry Piumbroeck—Terms to expire 03/31/2009
Move to: Appoint to the Parks, Recreation and Natural Resources Commission:
Rob Barrett, John Brill,Randy Jacobus, and Ian Mackay—Terms to expire 03/31/2009
Lee Elliott-Stoering—Term to expire 03/31/2008
Move to: Appoint to tlw Planning Commission:
Jon Duckstad,Jerry Pitzrick, and Ray Stoelting—Terms to expire 03/31/2009
Frank Powell—Term to expire 03/31/2008
Move to: Appoint to the Conservation Commission:
Eapen Chacko,David Seymour, and Jan Mosman—Terms to expire 03/31/2009
Ray Daniels, Rita Krocak, and Geneva MacMillen—Term to expire 03/31/2008
Move to: Appoint to the Flying Cloud Airport Advisory Commission:
Eden Prairie Community appointments: Mark Michaelson—Term to expire 03/31/2009
Richard King, Gregory McEwen, and Bradley Stratton—Terms to expire 03/31/2008
Business Community appointments: Kurt Schendel and Jeffrey Larsen—Terms to expire
03/31/2009
Synopsis
The City Council held City Commission interviews on Tuesday,February 28, 2006. Fifty candidates
applied, overall, for consideration;thirty-nine (39)new applicants and eleven(11)candidates seeking
reappointment.
Thirty candidates have been designated for appointment on March 8, 2006; 20 appointed for the first
time, and 10 reappointments. Appointments were made on six existing Commissions(Arts and Culture
Commission;Heritage Preservation Commission;Human Rights and Diversity Commission;Parks,
Recreation and Natural Resources Commission; and Planning Commission)and two new Commissions
scheduled to begin April 1, 2006,the Conservation Commission and the Flying Cloud Airport Advisory
Commission.
CITY COUNCIL AGENDA DATE:
SECTION: Appointments March 8, 2006
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIII.B.
Office of the City Manager Appointments to 2006 Board of Appeal and
Equalization
Requested Action
Move 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 1, 2006 through May 31,
2006, or until the Board of Appeal and Equalization completes its work.
Synopsis
The proposed members for council approval are experienced real estate professionals with
knowledge of the Southwest metro area.
Mike Best of REMAX Results is involved in the sale of single family properties in the
southwest metro area.
Doug Malam of REMAX Results is involved in the sale of single family properties in the
southwest metro area.
Annette O'Connor of Coldwell Banker Burnet Realty is involved in the sale of single
family properties in the southwest metro area.
Brian Duoos of Edina Realty is involved in the sale of single family properties in the
southwest metro area.
Patricia Pidcock of Edina Realty is involved in the sale of Single family properties in the
southwest metro area and a former member of the Eden Prairie City Council.
Background
From 1992 through 2005,the City has appointed a special Board of Appeal and Equalization
(also formerly named the Board of Review). The members are citizen volunteers that are
active and knowledgeable in the real estate market. The members are recruited by the City
Manager and City Assessor and appointed annually with confirmation by the City Council.
The City pays the members a per diem payment of$50 for all required training sessions and
Board meetings.
In 2003,the Minnesota legislature passed a law requiring members of local Boards of Appeal
and Equalization Commissions attend a training session, developed by the Minnesota
Department of Revenue, at least once every four years. Eden Prairie's BAE training session
last took place on Wednesday,April 20,2005.
CITY COUNCIL AGENDA DATE:
SECTION: Appointments
March 8, 2006
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIII.C.
City Council Appointments of Chairs and Vice Chairs to City
Commissions
Requested Action
Move to: Appoint Steve Mosow-Chair and Heather Olson -Vice Chair of the Arts and Culture
Commission.
Move to: Appoint Betsy Adams-Chair and Nina Mackay-Vice Chair of the Heritage Preservation
Commission.
Move to: Appoint Cari Maguire-Chair and Mellisa Barra -Vice Chair of the Human Rights and
Diversity Commission
Move to: Appoint John Brill-Chair and Geri Napuck-Vice Chair of the Parks,Recreation and
Natural Resources Commission.
Move to: Appoint Ray Stoelting-Chair and Fred Seymour-Vice Chair of the Planning
Commission.
Move to: Appoint Eapen Chacko-Chair and Jan Mosman -Vice Chair of the Conservation
Commission.
Move to: Appoint Richard King-Chair and Jeffrey Larsen -Vice Chair of the Flying Cloud
Airport Advisory Commission.
Move to: Move to: Appoint Patricia Pidcock-Chair and Mike Best-Vice Chair of the Board of
Appeal and Equalization.
Background
Chairs and Vice Chairs are appointed annually by the City Council following the appointment of
members to City Boards and Commissions.
City Code Section 2.22, Subd. 5 Officers states, "the Council shall in March each year choose a
chairperson and vice-chairperson for a Board or Commission to serve for a period of one year." To be
eligible for consideration, City Code states, "a chairperson must have served one year on the Board or
Commission before becoming eligible for appointment as a chairperson."
CITY COUNCIL AGENDA DATE:
SECTION: Report of the Community Development Director March 8,2006
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV. C.1.
Janet Jeremiah, Community Major Center Area Update
Development Director
Synopsis
Implementation of the Major Center Area Study is underway. This report is an update of current
activities.
Background Information
On January 17, 2006,the Council approved the final Major Center Area(MCA) study report.
The report and related information are available on the City Website. Hard copies of the final
report are also being provided to the Council(in your packet),Planning Commission and MCA
Task Force. The Task Force has also been notified that they will be invited to the Boards&
Commissions banquet in April.
Current Activities
Wa, fig Committee: Interest in the wayfinding committee was solicited via newspaper
articles, discussion at meetings, and direct mailings to all property owners in and around the
MCA area. Hennepin County Public Works and eleven other individuals responded with interest
in this ad hoc committee(see attached). The first meeting is anticipated to take place later this
month. It will focus on making a recommendation to the County for renaming"old 212". This
is necessary because the roadway will be turned back to the County once the new 212 ("old
312") is completed. Subsequent meetings will be held to review the wayfinding plans in the
MCA report and make recommendations regarding implementation. Some additional consultant
work will be necessary to finalize signage and streetscape plans.
Singletree/W. 78th St.Realignment: Staff from Community Development and Public Works has
been meeting individually with representatives of properties potentially affected by a future
realignment and widening of Singletree Lane and West 78th Street. So far, meetings have been
held with representatives from General Growth(EP Center), Target, the Bremer Bank building,
BP(Amoco) gas station, Flying Horse Mobil gas station(which also leases to Davanni's),
Phillips 66 gas station, Best Western(old Super 8), and CarX. Meetings will also be held in the
near future with Jiffy Lube, Bachman's and other nearby property owners. There are concerns
about how the recommended realignment and widening will affect property access, available
parking, competition between businesses, and individual business viability. However,most of
the property representatives have indicated that they understand the area-wide benefits of such a
project. Staff will continue to work with property owners to address specific concerns as plans
for the project are further developed.
Development Interest: There is substantial development interest in the town center concept as
well as the City-owned property south of Flagship. Since plans for these areas are already being
considered by the private market, staff has put the market study and other town center feasibility
studies on hold for the time being.
Attachments
➢ MCA Wayfinding Committee Roster
➢ MCA Final Report
Wayfinding Committee Roster(MCA)
March 2, 2006
Name Company/Resident
1. Bob Byers Hennepin County Public Works Facility
2. Jeff Hollister Resident—Antler's Ridge
3. Jill Kirk Resident—Village Woods Drive
4. John Kirk Resident—Village Woods Drive
5. Nancy Litwin General Growth Company
6. John McCarthyUnited Properties&Resident—Waldorf Court
7. Steve Mosow Resident—Bluff Rd.
8. Heather Olson Resident—Ann Court
9. Patricia Pidcock Resident—Red Rock Rd.
10. Art Roberts Resident—Sin letree Lane
11. Jesse Schwartz W. Gordon Smith/Mobil Station&Resident
CITY COUNCIL AGENDA DATE:
SECTION: Report of the Parks and Recreation Director March 8,2006
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.D.1.
Stuart A. Fox,Manager Renovation of Miller Park Field#11
Parks and Natural Resources
Requested Action
Move to: Authorize staff to prepare plans and specifications to reconstruct Miller Park field#11
at an estimated cost of$120,000.
Synopsis
The Parks,Recreation and Natural Resources Commission discussed this request at their March 6,
2006 meeting.Bob Lambert will give a report to the City Council of their recommendation regarding
this subject.
In the past ten years, City staff has been attempting to provide quality athletic turf on all of the fields
at Miller Park.However, since the fields,mainly the soccer/football fields,are heavily used from the
end of April through the end of October,this high usage has now taken its toll. Staff has estimated
that between games and practices,there are approximately 240 uses on each of the lighted field
facilities at this park. This overuse has led to the staff's recommendation that we take Miller Park
field#11 out of use for the 2006 season and renovate the field.
In the process of determining what renovation method the staff would use to recondition the field,
we discussed various options with an athletic turf specialist named John Hopko. Mr. Hopko is the
consultant that works on the athletic fields at Eden Prairie High School, as well as various
metropolitan cities and school districts throughout the Twin Cities area. Mr.Hopko has great
expertise in initial construction of fields, as well as renovation of existing athletic facilities.Based on
staff discussions with him as well as a presentation that he made to the Sports Facilities Committee,
the staff is recommending that we take a restoration course of action that would involve
reconstructing Miller Park field#11 as a sand-based athletic field.
Staff will be working with Mr.Hopko as a consultant to develop a set of plans and specifications for
the field. His estimate is around$120,000 for reconstruction of this single field.The process for
reconstruction will include the following:
• Removal of the existing top soil layer on the field.
• Installation of linear drain tile throughout the field area.
• Installation of a three to four inch sand layer over the entire field.
• Installation of a ten to twelve inch special athletic soil mixture.
• Seeding of the area with a special athletic turf mixture.
• Re-installation of the irrigation system.
Renovation of Miller Park Field#11
March 8, 2006
Page 2
The City staff would act as a general contractor and bid out individual portions of this reconstruction
work to ensure that the best contractor at the best price are secured.Mr. Hopko will provide sample
plans and specifications of other similar projects that he has done for the City of Minnetonka and the
City of Edina.
Background
When Miller Park was constructed in 1992,the budget for this 100-acre community facility was
stretched to the limit and resulted in a number of future construction items for that facility. In
addition to postponing the construction of several of the park buildings,which have now been
constructed,the decision was made to use the native soils of the park for the various athletic field
surfaces. While this was the cost saving item nearly fifteen years ago, it has led to increased cost in
terms of maintenance, as well as playability issues throughout the years. The native soils of Miller
Park are classified as a silty-sand,which makes the area highly susceptible to compaction and poor
drainage. While the baseball and softball fields receive relatively minor compaction due to the
limited number of players that are on the green areas of the facilities at any one time,the
soccer/football fields have over time been subject to severe compaction. There have been times
when the fields were sitting wet several days after a major rain storm leading to cancellation of
games. In addition,there were times when games and activities were played in the rain which
literally destroyed the turf surface to the extent that athletic games had to be moved off of Miller
Park to other facilities for several weeks at a time.
The staff has been evaluating for years the various options of what can be done to make these turf
fields less susceptible to compaction and make the fields the best that we have within our park
system for organized football and soccer play.The only two options are to take the course of
rebuilding the fields as sand-based turf fields or take a look at installing artificial turf surfaces.The
cost estimate to reconstruct each of the fields as a sand-based turf field range from $120,000-
$150,000 and installation of a synthetic turf field ranges from $450,000 to$550,000.Because these
fields are so critical for use by the various youth associations, staff is recommending that the most
cost effective means for making these fields less susceptible to compaction and damage from play,
and without changing the nature of the playing surface is to reconstruct them as sand-based athletic
fields.
Recommendation
City staff recommends that we proceed with plans and specifications for reconstruction of Miller
Park field#11 at an estimated cost$120,000.Funds for this reconstruction would come out of the
cash park fees as outlined in the updated five year capital improvement plan by Bob Lambert, dated
February 21,2006. This capital improvement plan was forwarded to the City Council as a result of a
request by the City Council to reexamine the CIP funding for projects for the years 2006—2010.
Attachment
Aerial Map of Miller Park Field#11
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CITY COUNCIL AGENDA DATE:
SECTION: Report of the Parks and Recreation Director March 8, 2006
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.D.2.
Robert A. Lambert,Director Veterans Memorial Committee
Parks and Recreation
Requested Action
I't Motion:
Move to: Appoint the following residents to the Veteran's Memorial Task Force: James
Bevilacqua, Mary Ann Bryndal, William Cochrane,Arnold Eder, Cheryl Fey,
Richard Fey, Thomas Johnson, John Mallo, Jerry Renner, Toby Sarahan, Ronald
Schlangen, William(Bud) Schwartz,Carol Steehler, Steve Steele, Marie Wittenberg,
Ernie Shuldhiess, and Duane Cox.
2nd Motion:
Move to: Approve the Charter Statement which outlines the responsibilities of the citizen task
force and the City staff for this process.
P Motion:
Move to: Authorize hiring a planning firm to assist the citizen's task force in selecting a site
and developing a schematic plan for a Veterans Memorial at a cost not to exceed
$10,000; and furthermore,that this committee will be responsible for fundraising all
of the costs for any project that is recommended, including all design fees.
Synopsis
Seventeen citizens have volunteered to assist the City in selecting a site and developing a design for
a Veterans Memorial to Eden Prairie residents who have served their country in various wars. The
Task Force is also responsible for providing input to a park planner in the design for a memorial that
would reflect the goal of honoring veterans, both living and dead,who have served their country.
The final responsibility of the Task Force will be to raise the funds for the memorial once the
concept has been approved.The fundraising should include the cost for all design including the
initial consultant fees.
Background
At the June 7 open forum prior to the Council meeting, John Mallo, an Eden Prairie resident
recommended the City Council consider appointing a citizen task force to assist the Parks,
Recreation and Natural Resources Commission and the City Council in evaluating the feasibility of
developing a Veterans Memorial within the City of Eden Prairie.
Veterans Memorial Committee
March 8, 2006
Page 2
The City Council agreed that a Veterans Memorial would be a nice addition to the park system and
requested City staff recommend a process for evaluating the feasibility of the request. The City
advertised for citizens to join a planning committee and received only one response;therefore,the
City Council put the request on hold until citizens indicated there was more interest in project.
After several months,the City received additional calls from citizens interested in this project. The
City re-advertised for citizens to serve on this Task Force in January of this year.The City now has
seventeen applicants applying to serve on this Task Force. City staff is recommending that all
seventeen be invited to serve on a Task Force.
Staff would recommend the following process for developing a Veterans Memorial:
1. Appoint citizens to Task Force and approve the Charter Statement
2. Task Force to work with planner in defining the program for the Veterans Memorial
3. Based on the program,the planner and the committee will develop criteria for the site selection
and will develop a design that would meet the program needs
4. Once the site is selected and the design is approved by the Committee,the Committee will
forward their recommended design to the Parks,Recreation and Natural Resources Commission
and to the City Council for final approval
5. Once the final approval is provided,the Committee will be responsible for raising funds for
project
6. Once all of the funds have been raised,the construction of the project would begin
Tentative Schedule
March 8, 2006 Appointment of Citizens to Task Force
March 30, 2006 Staff to meet with Task Force to review commitments of Task Force and
agree on the process
April 1, 2006 Hire planning firm to assist in the process
April 2006 Meeting with planner to discuss program meeting
May 2006 Meeting with planner to evaluate alternative design program statements and
discuss site locations
June 2006 Meeting with planner to review alternative site concepts
July 2006 Meeting with planner to approve concept plan and project estimated costs
August 7, 2006 Tentative date for presentation of concept plan to the Parks, Recreation and
Natural Resources Commission
August 15, 2006 Presentation of concept plan to City Council
September 2006 Committee begins fundraising efforts for first phase of the project
These schedules could vary dramatically depending on the direction the Committee takes in terms of
the size and scale of the project and challenges that may be posed based on the final site selection.
Attachment
Veterans Memorial Charter Statement
CHARTER STATEMENT
EDEN PRAIRIE VETERANS MEMORIAL STUDY TASK FORCE
PURPOSE STATEMENT:
The purpose of the task force is to assist the City staff in selection of an appropriate site
for a memorial to Eden Prairie residents who have served their country in various wars.
The task force is also responsible for providing input to a park planner in the design for a
memorial that would reflect the goal of honoring veterans, both living and dead,who
have served their country.
ROLES AND RESPONSIBILITIES:
Task Force Responsibilities
A. To work with City staff in developing an appropriate location for a
Veterans Memorial. The site should be a highly visible community or city
park(rather than a neighborhood park). The site should not distract from
other park uses, it should be easily accessible, and should reflect the honor
Eden Prairie residents wish to bestow on those who have served.
B. The task force is also responsible for working with City staff and a park
planner or architect selected to design the memorial.The task force's
responsibility will be to provide input as to the type of memorial to be
designed and to assist the planner in developing the program for the
memorial.
C. The task force will also be responsible for the fundraising for the
memorial, once the concept has been approved.
Staff Responsibilities
A. To recommend the process for site selection and assist the task force in
developing criteria for design of the memorial.
B. T r it the task force as well as maps
o provide all statistical data required ed b ,
p q Y p
and site plans of existing facilities.
C. To provide input regarding possible conflicts with existing park uses, as
well as recommendations on sites that would be appropriate.
D. Develop agendas and provide support materials.
E. Supervise a consultant through the design process.
F. Supervise the construction of the project once funding is approved.
Veterans Memorial Charter Statement
Page 2 of 3
Consultant Responsibilities
A. Work with the City staff and Committee to select an appropriate location
for a veterans memorial.
B. Provide the four following tasks:
Task 1 —Design Program Determination. Three(3) alternative design
programs will be identified to meet the intent of a memorial. Input
solicited from a task force, city staff and other stakeholders will assist in
affirming a hierarchy of three alternatives: minimum, medium, and more
significant development. This task will assist stakeholders in describing
the memorial's intent,the level of investment that may be necessary and
physical elements desired for future programming.A summary statement
and a simple illustrative plan will be provided for each program
alternative.
Task 2—Site Assessment. Up to three(3)alternative parks will be
assessed for their compatibility of hosting the potential memorial.
Strengths and weaknesses of each site alternative and design program
alternative will be assessed through an evaluation matrix. The matrix will
assist stakeholders and decision makers in identifying a preferred location
and likely development concept. The task outcome will lead to a preferred
site and development scheme.
Task 3—Preferred Scheme.Based upon input from the task force and
city staff, a sketch plan and supporting narrative of the preferred scheme
will be prepared.A preliminary estimate of construction value will be
provided.
Task 4—Task Force Involvement and Presentations. Stakeholders
involvement is important to seeking a balanced input and in assessing the
memorial's potential implementation.Four(4)task force meetings will be
attended.The first meeting will discuss memorial intent,potential
programming and desired physical elements. The second task force
meeting will evaluate alternative design program statements and discuss
candidate park locations. The third task force meeting will be used to
review strengths and weaknesses of each candidate site in arriving upon a
preferred recommendation. The fourth task force meeting will be to
review three concept designs and make a recommendation on schematic
plan to be forwarded to the Commission and Council. One(1)presentation
will be made to the Parks, Recreation and Natural Resources Commission
and one (1)presentation to the Eden Prairie City Council.The end product
of Task 1 through 4 will be a technical memorandum summarizing the
G\Parks and Recreation\Recreation\Brenda\PRNR CommissionWeterans Memorial ConnitteeWeterans Memorial Charter Statenent.doc
Veterans Memorial Charter Statement
Page 3 of 3
process, alternative design programs considered,the site summary
evaluation matrix and a recommended schematic design and cost estimate.
C. Provide the City with a cost estimate for the concept plan that is preferred
by the Citizens Committee and recommended to the Parks, Recreation and
Natural Resources Commission and to the City Council.
MEMBERSHIP: Seventeen Eden Prairie residents have volunteered to serve.
TASK FORCE CHAIR: To be selected by the members
STAFF LIAISON: Bob Lambert,Director of Parks and Recreation, and Stu Fox,
Manager of Parks and Natural Resources
SUPPORT STAFF: Brenda Uting
DURATION: April 2006 until the project is completed
FIRST MEETING: To be announced
G:\Parks and Recreation\Recreation\Brenda\PRNR Commission\Veterans Memorial Connnittee\Veterans Memorial Charter Staternmt.doc
CITY COUNCIL AGENDA DATE:
SECTION: Report of Parks and Recreation Director March 8, 2006
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.D.3.
Robert A.Lambert, Director Trail Connection to Riverview Road
Parks and Recreation
Requested Action
Move to: Approve a letter to Patricia Martinkovic, Manager of the Minnesota National Wildlife
Refuge requesting that she and her staff support the concept C for the location of the
trail providing safe pedestrian and bicycle access for all residents north of Highway
212 to Riverview Road.
Synopsis
The Parks,Recreation and Natural Resources Commission reviewed this information at their March
6, 2005 meeting.
Staff from the U.S.Fish and Wildlife Service have indicated that any trail alignment that would
impact"unbroken native prairie"on the Upgrala Unit of the Refuge is unacceptable;therefore,the
only trail alignment acceptable would be to construct a trail within the Minnesota Department of
Transportation right-of-way of Highway 212 and the drainage easement between 212 and Riverview
Road. The estimated cost for constructing a trail connection within those boundaries from the
underpass to Riverview Road is$880,785. The estimated cost to construct a trail from the underpass
traversing the bluffs on U.S.Fish and Wildlife Service's property is $74,750. This trail connection
was approved within the original plan of the Minnesota Valley Wildlife Refuge, as well as with the
updated plan when the boundary adjustment was approved.Although the exact alignment of the trail
was never completed in detail,the plan approved a connection from Riverview Road to the
underpass and depicted a trail across the bluff to make that connection.
The U.S.Fish and Wildlife Service has subsequently passed a policy that has restricted the
development of trails within native prairie grasslands and the Refuge staff have determined that this
means this trail connection is basically not feasible.
City staff recommend the Mayor and City Council request the Manager of the Refuge to reconsider
her position on this recommendation, and furthermore recommend a copy of this request be
forwarded to Representative James Ramstad and Senator Norm Coleman.
Background
In 2004,the City developed plans for the construction of the intersection of Charlson Road and
Highway 212.As a part of the design process,the Minnesota Department of Transportation
engineers informed the City that they would not approve the use of the existing underpass for a trail,
Trail Connection to Riverview Road
March 8,2006
Page 2
but would require the City to develop a separate pedestrian/bicycle underpass slightly further to the
east.
As this underpass is the only proposed grade separated bicycle and trail crossing for residents north
of Highway 212 to reach trails within the Minnesota River Valley, City staff recommended approval
of the underpass. The City Council approved the underpass as did the Minnesota Department of
Transportation and other agencies that were required to review the plans, including the U.S. Fish and
Wildlife Service.
In early 2005,when the underpass was nearing completion, City staff submitted several possible trail
alignments to the U.S. Fish and Wildlife Service depicting a trail connection from the underpass to
Riverview Road that would maintain ADA access to the Riverview Road trail. On July 11, 2005,
Thomas Kerr,Acting Refuge Manager, sent a letter to the City indicating that all four proposed trail
alignments were unacceptable due to the"direct and potential adverse impacts a proposal would
have on the unbroken native prairie on the Upgrala Unit of the Refuge."
Mr.Kerr stated that the trail would cross a portion of a native tall grass prairie which is the largest
unbroken native prairie track on the Refuge and the second largest in the Minnesota River Valley.
Native tall grass prairie is extremely rare nation-wide. Direct impacts include the loss of the native
prairie within the trail alignment,the fragmentation of the prairie by the trail,the degradation of the
view shed and the general aesthetics,and the high potential for off-trail damages by both hikers and
bikers. Mr.Kerr suggested waiting until the new Refuge Manager arrived in late-July to discuss
other possible options.
On July 13, 2005, I responded to Mr.Kerr's letter reminding Mr.Kerr that the U.S.Fish and
Wildlife had approved the plan in the late 1980's;and in fact included the trail connection as a part
of the Upgrala Unit master plan. The trail connection was mentioned in the environmental impact
study for the expansion of the Upgrala Unit,which included the expansion of the native prairie area
referred to in Mr. Kerr's letter and the trail connection was referenced in several letters of
correspondence between the City of Eden Prairie and past Refuge Managers. The City had never
been notified by the U.S. Fish and Wildlife Service or any of its staff that the U.S.Fish and Wildlife
Service had changed its policy or that this trail connection would not be allowed. It was not
mentioned when the U.S. Fish and Wildlife Service reviewed the intersection plans for the Charlson
Road that depicted a trail with an underpass connecting to the Upgrala Unit.
The rationale for the denial of the trail suggests that the trail would cause fragmentation of the
prairie and degradation of the view shed and general aesthetics. It also mentions the high potential
for off-trail damage b hikers and bikers that would cause possible erosion.
g Y
The property was used for many years as a pasture.It is reasonable to assume that the cattle that
grazed u and down those hills caused a great deal more damage than a few people that may stray
p
off the trail on occasion. The U.S. Fish and Wildlife Service has not initiated any management
g
programs to restore the prairie, and in fact within another fifteen to twenty years this will be a
wooded slope,rather than a native prairie, unless management plans are initiated in the near future.
One has to search for any existing native prairie grasses among the non-native species that dominate
Trail Connection to Riverview Road
March 8,2006
Page 3
that slope at this time. The City owned Prairie Bluff Conservation Area immediately west of this site
is a much larger and higher quality native prairie within the Minnesota River Valley. The City
would commit to reseeding and to restoring native prairie grasses in any area that would be disturbed
by this trail construction.
City staff have met with Patricia Martinkovic and her staff on site on several occasions to discuss
any other possible options to safely accommodate public access from Eden Prairie to Riverview
Road and the Minnesota River Valley.Ms. Martinkovic has indicated that neither she nor her staff
will support any deviation from the current policy, even though the plan for this trail connection was
approved prior to that policy. City staff believe the trail connection should be randfathered m due
pp p P Y tY g
to the timing of the approval(prior to the U.S.Fish and Wildlife Service policy change) and the fact
that the U.S.Fish and Wildlife Service made no attempt to notify the City of the change in policy,
nor have they offered a reasonable alternative to provide a feasible trail access to the River Valley.
City staff believe this trail connection is critical to allow safe access to Riverview Road,where the
City could develop a trail that would extend to the east and then be connected to the James Brown
Conservation Area in the river valley. This would be the first opportunity that Eden Prairie residents
in western Eden Prairie would have access to the Minnesota River Valley,and this will provide a
safe access to the trail along the river that extends north-east to Fort Snelling and south and west
along the Minnesota River to Belle Plaine, and eventually nearly to the South Dakota border.
Attachments
Map of Riverview Road underpass trail
Highway 212 Embankment Trail Preliminary Cost Estimates
Embankment Trail Alignment—Concept A
Embankment Trail Alignment—Concept B
Embankment Trail Alignment—Concept C
U.S.Fish and Wildlife Service letter,dated July 11,2005
Letter to Thomas Kerr,Acting Refuge Manager, dated July 13, 2005
U.S.Fish and Wildlife Service letter,dated October 22, 1990
Upgrala Unit Map
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HIGHWAY 212 EMBANKMENT TRAIL
PRELIMINARY COST ESTIMATE 2-28-06
ITEM NO. ITEM DESCRIPTION UNIT ESTIMATED QUANTITIES UNIT PRICE TOTAL AMOUNT
1 Earthwork/Grading LS 1 $ 25,575.00 $ 25,575.00
2 Utilities LS 1 $ 5,000.00 $ 5,000.00
3 Bituminous Paving LF 1 $ 25,575.00 $ 25,575.00
4 Retaining Walls LS 1 $ 704,750.00 $ 704,750.00
5 Site Restoration LS 1 $ 5,000.00 $ 5,000.00
SUB TOTAL $ 765,900.00
5% Contingency $ 38,295.00
10% Design Fees $ 76,590.00
TOTAL COST $ 880,785.00
ITEM NO. ITEM DESCRIPTION UNIT ESTIMATED QUANTITIES UNIT PRICE TOTAL AMOUNT
Irtalt Concept S t,,,. .
1 Earthwork/Grading LS 1 $ 25,500.00 $ 25,500.00
2 Utilities LS 1 $ 5,000.00 $ 5,000.00
3 Bituminous Paving LF 1 $ 25,500.00 $ 27,075.00
4 Retaining Walls LS 1 $ 388,750.00 $ 388,750.00
5 Site Restoration LS 1 $ 5,000.00 $ 5,000.00
SUB TOTAL $ 451,325.00
5% Contingency $ 22,566.00
10% Design Fees $ 45,132.00
TOTAL COST $ 519,023.00
ITEMg �rNO. +t ITEM DESCRIPTION UNIT ESTIMATED QUANTITIES UNIT PRICE TOTAL AMOUNT
Till C �.e 'Cl/
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1 Tree Removal/Grubbing LS 1 $ 5,000.00 $ 5,000.00
2 Earthwork/Grading LS 1 $ 27,000.00 $ 27,000.00
3 Utilities LS 1 $ 3,000.00 $ 3,000.00
4 Bituminous Paving LF 1 $ 27,000.00 $ 27,000.00
5 Site Restoration LS 1 $ 5,000.00 $ 8,000.00
SUB TOTAL $ 65,000.00
5% Contingency $ 3,250.00
10% Design Fees $ 6,500.00
TOTAL COST $ 74,750.00
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United States Department of the Interior
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U.S.FISH AND WILDLIFE SERVICE
Minnesota Valley National Wildlife Refuge Cc�6rs
3815 East 80,St.
Bloomington,MN 55425
1N PMLYBFM TO:
July 11,2005
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Mr.Bob Lambert
Director of Parks and Recreation
City ofEden Prairie
8080 Mitchell Road
Eden Prairie,Minnesota 553444485
Dear Mr. Lambert:
Thank you for providing the four concepts for alignment and design of the trail proposed by the f
City of Eden Prairie from Highway 212 to the Old River View Road
As Refuge staff communicated to you during recent on site meetings,legislation passed in 1997,
called the Refuge Improvement Act,,specifies the types of public:uses that can be allowed on
Refuges in the National Wildlife Refuge:System. The six uses,:hunting,fishing;environmental
education,interpretation,wildlife observation and photography can`be allowed if they do not
materially interfere with the primary purposes of:a Refuge- The primary purpose of the
Minnesota Valley National Wildlife Refuge is to preserve the ecological communities of the
Lower Minnesota River Valley. Secondary purposes are to provide environmental education
and interpretation and compatible wildlife dependent recreation.
All four of the proposed alignments are unacceptable due to the direct and potential adverse
impacts the proposal would have on the unbroken native prairie on the Upgrala Unit of the
Refuge. The trail would cross a portion of a native tallgrass prairie which is the largest unbroken
native prairie tract on the Refuge and the second largest in the Minnesota River Valley. Native
tall grass prairie is extremely rare nationwide. Direct impacts include the loss of the native
prairie within the trail alignment,the fragmentation of the prairie by the trail,the degradation of
the view shed and the general aesthetics,and the high potential for off-trail damages by both
hikers and bikers. Our experience is that users have a tendency to"blaze their own trail"in
grassland habitats. This tendency could result in serious injury and loss to native plants and
encourage erosion due to the slope and sandy soil.
Thank you for the opportunity to comment on the trail proposal. We are very much in favor of
the concept of a trail from Eden Prairie to Old River.View Road and.thepotential for alignments
east to the eastern portions of Eden Prairie and the James A.BrownlConservation-Area as well as
to the west to Shakopee: We.are.looking forward to working with you to investigate all
possibilities for alternative alignments that will make the above mentioned trails a reality without
compromising the primary purposes of the Refuge. Once the new Refuge Manager arrives in
late July,we would be more than willing to meet with you to discuss other options.
If you have any questions,please call me at 952-858-0722.
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Sincerely,
Thomas M.Kerr
Acting Refuge Manager
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PARKS AND RECREATION( July 13,2005
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Thomas M.Kerr 0Fc 952 948 8300
Acting Refuge Manager Too 952 saa sags
Minnesota Valley National Wildlife Refuge 8080 Mitchell Rd
3815 East 80`h Street EdenProi4485
55344-4485
Bloomington,MN 55425 ,pral,,"
Dear Mr. Kerr,
Today I received your July I I letter informing the City of Eden Prairie that all four
concepts for alignment and design of a trail providing access from the City of Eden
Prairie trail systems under Highway 212 to the old Riverview Road are unacceptable,
due to the direct and potential adverse impacts the proposal will have on the
"unbroken native prairie"on the Upgrala Unit of the refuge.As the individual who
worked closely with previous Fish and Wildlife Service staff in obtaining support for
the boundaries for the Wildlife Refuge and Recreation Area within the City of Eden
Prairie,and as an active participant in the Refuge expansion process in 1994 and
again in 1999,I am shocked and dismayed at your response to the City's request to
complete the only proposed separated grade access for the residents of Eden Prairie
to connect with the trail system within the U.S.Fish and Wildlife Refuge within our
community.This trail access was a critical requirement of the City of Eden Prairie to
support the initial refuge and the expansion boundaries.Your own staff have
indicated that the proposed trail connection in at least one of the concepts proposed
does not eliminate any native prairie vegetation as it is within a drainage easement
that has been graded and never restored with native prairie grasses.Furthermore,to
say that the reason for denying this trail is due to the direct and potential adverse
impact would have on the"unbroken native prairie"lacks merit as this native prairie
has already been"broken"in this location.
Terry Schreiner,a member of your staff indicated to me in his research he could not
find any indication that the Fish and Wildlife Service had ever recognized a trail
access in this location. I don't know how much effort Mr.Schreiner took with his
research,however,all he had to do was to refer to the Upgrala Unit master plan,the
I
Thomas M..Kerr,Minnesota Valley National Wildlife Refuge
July 13,2005
Page 2
i
I
Environmental Impact Study for the expansion,or any of the several letters of
correspondence between the City of Eden Prairie and past Refuge Managers that
reference this trail access,to know that this trail connection has always been part of
the plan.To tell the City of Eden Prairie that you have now decided that this is
unacceptable is"unacceptable".
The rationale given in your July 11 letter describes four"direct impacts":
A. "The loss of native prairie within the trail alignment"-the trail would impact
approximately 70 feet of marginal prairie at the top of the slope.
B. "The fragmentation of the prairie by the trail"-as indicated the prairie is
already divided by this drainage easement and there is little or no native
prairie grasses remaining within the easement.
C. "The degradation of the viewshed and the general aesthetics"-if trails
degrade the viewshed of a wildlife refuge,how do you rationalize any trails
within a wildlife refuge?
D. "The high potential of off-trail damage by both hikers and bikers"-once
again I would ask if your rationale is not to put trails within the refuge because
someone might leave the trail,then how do you rationalize any trails
anywhere within the refuge?This issue can certainly be addressed with
signage as it is in other parts of the refuge.
The Cityof Eden Prairie has a much higher quality and much larger native prairie
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immediately adjacent to this native prairie on the north side of Highway 212.The
City has spent a great deal of money acquiring,preserving and managing this native
prairie and definitely values the preservation of the Minnesota River Bluffs and the
native prairie left within this area. The City also values the right of citizens to enjoy
viewing these native prairie areas and walking adjacent to them and sometimes
through them,especially if that is the only way to make a critical connection to the
rest of the trail system.
I am pleased to see that you are very much in favor of the concept of a trail from Eden
Prairie to old Riverview Road and potential for alignments toeaste
rn potions of Eden
en
Prairie and the James Brown Conservation Area,as well as to the west to Shakopee. I
am looking forward to meeting the new Refuge Manager in late July to discuss this
issue with him/her.I would hope that we would be able to resolve this issue at the
staff level,without having to refer this change to the refuge plan to our political
representatives.
i
Thomas M. Kerr,Minnesota Valley National Wildlife Refuge
July 13,2005
Page 3
j
I have enclosed a copy of a letter from Thomas Larson,a former Refuge Manager to
me, dated October 22, 1990.You'11 note that he refers to the importance of the trail
that was identified in the master plan for the refuge in the attachments.I have also
enclosed the attachments to which he was referring to;you will note that the trail
access called Riley Creek local trail access trunk Highway,169 underpass makes a
specific reference to the underpass that the City of Eden Prairie is presently in the
process of constructing.
The City of Eden Prairie has relied on the master plan that we reviewed and approved
for trail access to the refuge and has proceeded with expensive trail connections based
on this information.If legislation was passed in 1997 that would directly impact that
plan and the City's ability to safely access the refuge,the U.S.Fish and Wildlife
Services should have notified the City and provided an acceptable alternate plan.
I would request that you reconsider your preliminary decision on this trail access and
would be happy to meet with you on-site to determine how this trail connection can
be completed.If you would prefer that I wait to meet with the newly appointed
Refuge Manager,I would be more than happy to do so.
Sincerely,
i
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Robert A. Lambert
Director
City of Eden Prairie
Attachments
October 22, 1990 letter from Thomas Larson,a former Refuge Manager,
along with attachments
Cc: Scott Neal,City Manager
Stu Fox,Manager of Parks and Natural Resources
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TAXEDEN� �
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United States Department of the Interior •��••
FISH AND WILDLIFE SERVICE ��
"4 J a+a MINNESOTA VALLEY NATIONAL WILDLIFE REFUGE
3815 East 80th Street
Bloomington, Minnesota 55425-1600
October 22, 1990
Robert Lambert
Director of Parks, Recreation and Natural Resources
City of Eden Prairie
7600 Executive Drive
Eden prairie, Minnesota 55344-3677
Dear Mr. Lambert:
I am responding to your letter to Steve Rose of September 28, 1990, of which I
received a copy and as a result of a discussion that I had with Steve Rose on
October 16, 1990. The Fish and Wildlife Service is interested in acquiring
the road right-of-ways on those portions of Riverview Road and Indian Road
that fall within the designated refuge boundaries. Trails following these
roads were identified in the Master Plan for the refuge (attachments 1 and 2) .
The proposed trails in the area are not part of any management or develop
plans to be implemented by the Minnesota Department of Natural Resources and I
was -told by Steve Rose that they do not to acquire an interest in the area.
I am not able to say at this time how .soon we could develop the trails. Our
land acquisition program is ongoing, however our ownership on the Upgrala Unit
(our designation for the refuge unit which falls within Eden Prairie) is
currently fragmented. Development depends on such details as arrangements j
worked out with private landowners on the area, how quickly we can purchase
remaining tracts and the availability of funds. There are other issues also,
such as safety issue of designating a road as a public trail while it-is still
used as A road by private individuals.
I would like to meet with you to discuss this issue in more detail. I believe
that both the City of Eden Prairie and the refuge could benefit by transfer of
the right-of-ways to the U.S. Fish and Wildlife Service. The trail system
that we have planned would be a valuable asset to the citizens of Eden Prairie
and donation of the right-of-ways would simplify management of the area and
facilitate a systematic, unified approach to developing the area.
At this time my schedule for the week of October 29 is fairly open if you
would like to meet to discuss this issue. Please let me know if that week or
some other time would be convenient o to number is
lent_ for u to meet. M telephone y y P
854-5900. I look forward to working with you to make the trails in Eden
Prairie 'a reality.
Sincerely,
V i
Thomas J. Lars
Refuge Manager
Attachments
CHANHASSEN UPGRALA TRAIL HEAD BOUNDARY ADJUSTMENT
UPGRALA UNIT RIVER BLUFFS •, , ty ,Yiama� e
t�trR�`lcfira Hunter Education Facility � aa�snrw
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uylalikl�. +hrvz�h Iota{ o.�,e°s�2 Ni#rb31Dl8toF�t�f'rh ire ��2"rcercairw�ored• i
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CITY COUNCIL AGENDA DATE:
SECTION: Report of Parks and Recreation Director March 8, 2006
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.D.4.
Robert A.Lambert,Director Hockey Association Requests
Parks and Recreation
Synopsis
City staff will present the requests of the Eden Prairie Hockey Association to the Parks,Recreation
and Natural Resources Commission at the March 6 Commission meeting and will forward their
recommendations to the City Council at the March 8 Council meeting. Staff will present those
recommendations, and recommend representatives of the Hockey Association be in attendance to
address questions the Council may have regarding Commission recommendations.
CITY COUNCIL AGENDA DATE:
SECTION: Report of Parks and Recreation Director March 8, 2006
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Robert A. Lambert, Director Hockey Association Requests
Parks and Recreation
Requested Action
1 st Motion
Move to: Authorize staff to plan for wall space in either the main lobby or the main rink at the
Community Center to permanently acknowledge individuals or corporations that
contribute dollars to the fundraising project for the third rink.
2nd Motion
Move to: Approve a policy that would provide the Hockey Association of Eden Prairie with
50%of the net revenue for the sale of dasher boards that they sell over the next three
years to be put in a fund for the purchase of ice time at the Community Center; and
furthermore, request the Eden Prairie Hockey Association to develop a media plan
proposing additional advertising that could occur at the Eden Prairie Community
Center in which the Hockey Association would get 50% of the sale of any advertising
they generate that could be placed on walls or other components within the
Community Center provided the proposal for that advertising is approved by the
Parks, Recreation and Natural Resources Commission and the City Council. This
policy is to be reviewed at the end of a three year period to determine if it should be
extended.
3`d Motion
Move to: Authorized the Eden Prairie Hockey Association to seek large donors that would be
granted the naming rights to the main rink,the Olympic rink and the third sheet of ice
with a minimum financial donation to be set by the City for each sheet.
Synopsis
At the March 6 meeting of the Parks, Recreation and Natural Resources Commission recommended
the three motions stated in this memorandum. The Commission discussed the pros and cons of
setting a minimum amount of money for the naming rights to the various rinks at the Community
Center,but ultimately declined on setting the specific amount and only indicated to the Hockey
Association that they believed the main rink should have the highest fee and that all three rinks
should require at least a six-figure contribution.
The Commission recommended that the City Council review the policy on splitting the cost for
advertising after a three year period to determine if that policy should be extended.
Hockey Association Requests
March 8, 2006
Page 2
Background
On January 17,the City Council requested the Director of Parks and Recreation to review the
feasibility of a third indoor rink at the Community Center and report back in thirty days. On
February 21,the City Council committed that the City would match dollar for dollar any amount the
Eden Prairie Hockey Association would raise toward a third rink up to one million dollars, provided
the money is raised by the date the City opens bids on the Community Center addition and the third
rink as an add alternate project.
The City Council further authorized the Hockey Association to request a recommendation from the
Parks, Recreation and Natural Resources Commission on additional questions relating to
fundraising.