HomeMy WebLinkAboutCity Council - 03/21/2006 AGENDA
JOINT MEETING OF
EDEN PRAIRIE CITY COUNCIL & EDEN PRAIRIE SCHOOL BOARD
OPEN FORUM/OPEN PODIUM
TUESDAY,MARCH 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
CITY STAFF:
City Manager Scott Neal, Police Chief Dan Carlson, Fire Chief George Esbensen, Public Works
Director Eugene Dietz, Parks and Recreation Director Bob Lambert, Community Development
Director Janet Jeremiah, Communications Manager Pat Brink, Assistant to the City Manager
Michael Barone, City Attorney Amy Cralam, and Recorder Lorene McWaters
Heritage Room II
I. DISCUSSION
Council Chamber
II. OPEN FORUM
III. OPEN PODIUM
IV. ADJOURNMENT
AGENDA
EDEN PRAIRIE CITY COUNCIL MEETING
TUESDAY, MARCH 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 Ric Rosow and Council Recorder Deb Sweeny
1. ROLL CALL/CALL THE MEETING TO ORDER
11. PLEDGE OF ALLEGIANCE
111. COUNCIL FORUM INVITATION
IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
V. MINUTES
A. COUNCIL WORKSHOP HELD TUESDAY,MARCH 8,2006
B. CITY COUNCIL MEETING HELD TUESDAY, MARCH 8,2006
VI. CONSENT CALENDAR
A. CLERK'S LICENSE LIST
B. HORIZON PLACE by Commercial Horizons, Inc. Second Reading of the
Ordinance for Planned Unit Development District Review on 5.87 acres and
Zoning District Change from Rural to Commercial Regional Service on 1.74
acres. Location: Birdies Re-development. (Ordinance for PUD District Review
and Zoning District Change; Resolution for Site Plan Review).
C. LONE OAK CENTER by Dove Capital III, LLC. Second Reading of the
Ordinance for Planned Unit Development District Review with waivers on 5.27
acres and Zoning District Change from Commercial Regional Service to
Community Commercial on 5.27 acres. Location: Northwest Corner of Lone Oak
& Mitchell Rd Ordinance for PUD District Review with waivers and Zoning
g
District Change; Resolution for Site Plan Review).
D. AWARD BID FOR UPDATING COUNCIL CHAMBERS AND CONTROL
ROOM TO AVI
E. AWARD CONTRACT FOR 2006 STREET SWEEPING TO RELIAKOR
SERVICES, INC., I.C. 06-5668
CITY COUNCIL AGENDA
March 21, 2006
Page 2
F. ADOPT RESOLUTION AUTHORIZING ROADSIDE LANDSCAPING ON
TH 5 IN ASSOCIATION WITH TERREY PINE HOMEOWNERS
ASSOCIATION
G. APPROVE CHANGE ORDER NO. 1 FOR TH 212/CHARLSON ROAD
IMPROVEMENT PROJECT,I.C. 05-5638
H. APPROVE ENVIRONMENTAL LEARNING CENTER EXHIBIT AND
MULTIMEDIA KIOSK DEVELOPMENT PROPOSAL FROM HAMLINE
UNIVERSITY'S CENTER FOR GLOBAL ENVIRONMENTAL
EDUCATION
I. AWARD BID FOR THE ICE RESURFACER FOR COMMUNITY
CENTER TO FRANK J. ZAMBONI & CO.,INC.
J. AWARD BASE BID 1 & 3 FOR 2006 ICE SYSTEM REPAIRS AND
IMPROVEMENTS TO GARTNER REFRIGERATION & MFG.
K. AWARD CONTRACT FOR TAMARACK TRAIL RECONSTRUCTION
TO CURB MASTERS INC.
L. AWARD STRUCTURAL REPAIRS AND MODIFICATIONS CONTRACT
AND INTERIOR SPOT ABRASIVE BLAST AND COATING CONTRACT
TO GENERAL CONSTRUCTION SERVICES,INC.
M. APPROVE 2006 AUCTION OF SURPLUS VEHICLES
N. APPROVE PURCHASE OF REPLACEMENT VEHICLES AND
EQUIPMENT
VII. PUBLIC HEARINGS/MEETINGS
VIII. PAYMENT OF CLAIMS
IX. ORDINANCES AND RESOLUTIONS
A. RESOLUTION AUTHORIZING A STUDY TO IDENTIFY
INCONSISTENCIES BETWEEN THE COMPREHENSIVE GUIDE PLAN
AND THE ZONING CODE
B. FIRST READING OF AN INTERIM ORDINANCE TEMPORARILY
PROHIBITING DEVELOPMENT IN AREAS DESIGNATED AS
PUBLIC/QUASI-PUBLIC WHICH ARE USED AS A GOLF COURSE
C. SECOND READING OF AN INTERIM ORDINANCE TEMPORARILY
PROHIBITING DEVELOPMENT IN AREAS DESIGNATED AS PUBLIC/
QUASI-PUBLIC WHICH ARE USED AS A GOLF COURSE AND
RESOLUTION APPROVING SUMMARY ORDINANCE
CITY COUNCIL AGENDA
March 21, 2006
Page 3
X. PETITIONS, REQUESTS AND COMMUNICATIONS
XI. REPORTS OF ADVISORY BOARDS & COMMISSIONS
XII. APPOINTMENTS
XIII. REPORTS OF OFFICERS
A. REPORTS OF COUNCILMEMBERS
1. Eminent Domain Reform—Councilmember Young
B. REPORT OF CITY MANAGER
1. City Manager Annual Performance Review
2. NLC Conference
3. Future Budget Preparation Process
4. Award Bank Services (Resolution)
C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR
D. REPORT OF PARKS AND RECREATION DIRECTOR
E. REPORT OF PUBLIC WORKS DIRECTOR
1. Round Lake Improvement Proiects,I.C. 02-5581
2. Professional Services Agreement for Infiltration/Inflow Study and
Report of the Sanitary Sewer System
F. REPORT OF POLICE CHIEF
G. REPORT OF FIRE CHIEF
1. Award Contract for Construction of Fire Station 4
H. REPORT OF CITY ATTORNEY
XIV. OTHER BUSINESS
XV. ADJOURNMENT
ITEM NO.:
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL WORKSHOP &
OPEN FORUTWOPEN 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, Communications Manager Pat Brink,Assistant to the City
Manager Michael Barone, City Attorney Ric Rosow, and Recorder Lorene McWaters
Heritage Room H
Councilmember Case was absent.
I. 2007 BUDGET
Scott Neal said staff has been preparing 2-year budgets for the past four years. So,when
the 2006 budget was prepared, staff also prepared the draft 2007 budge. Finance
Manager Sue Kotchevar presented a PowerPoint overview of the 2007 budget.
Kotchevar said a second budget workshop will be held on June 20. Council will adopt a
preliminary levy on September 2. The annual truth-in-taxation hearing will be held in
December, and on December 18 Council will be asked to adopt the final 2007 budget.
The levy is scheduled to be certified on December 19.
Kotchevar explained that since this is the second year of the two-year budget process,
staffls main task will be to update revenue and expenditure projections;however,
Department Directors have the opportunity to request any"material and necessary
changes."
Outcomes for the 2007 budget include:
• Maintaining service levels
• Planning/budgeting for Fire Station 4
• Updating the Comprehensive Plan
• Implementing the rental housing inspection program
• Providing funding for the Capital Improvement Plan(CIP)
• Supporting the scheduled level of financial investment in the maintenance and
replacement of fleet
Council Workshop Minutes
March 8, 2006—page 2
• Implementing building assessments
• Maintaining reasonable debt levels
• Maintaining wage and benefit programs
Kotchevar reviewed proposed general fund revenues and expenditures for 2006 and 2007,
as shown in the tables below:
Revenues 2006 2007 %
Prop. Prop. Diff. Change
Taxes $ 23,201 $24,686 $ 1,485 6.4%
Licenses and permits 2,983 2,924 59 2.0%
Cable TV 510 525 15 2.9%
Intergovernmental revenue 1,128 1,127 1 0.1
Charges for services 2,775 2,835 60 2.2%
Fines &penalties 450 465 15 3.3%
Investment income 250 250 - -
Other revenue 346 377 31 9.0%
Transfer In 485 485 -
Total $ 32,128 $33,674 $ 1,546 4.8%
Expenditures 2006 2007 %
Prop. Pro Diff. Change
City Manager $ 9,151 $ 9,954 $ 803 8.8%
Community Development 1,869 1,961 92 4.9%
Parks &Recreation 4,705 4,810 105 2.2%
Police 8,119 8,487 368 4.5%
Fire 3,092 3,163 71 2.3%
Public Works 5,192 5,299 107 2.1%
Total $32,128 $33,674 $ 1,546 4.8%
Kotchevar said she compiled the following list of general fund budget drivers based on
feedback from Council during last year's budget process. The major drivers are:
• Wages and benefits
• Contracted services
• Electric costs
• Supplies
Kotchevar also reviewed the debt levy for 2006 and 2007 and summarized other possible
budget changes. The following table is a summary of the 2006 and 2007 tax levy:
Council Workshop Minutes
March 8,2006—page 3
2006 2007 Diff. Change
General Fund $23,628,715 $25,154,576 $ 1,525,861 6.5%
Market Value
Homestead Credit 629,029 629,029 - -
Debt Service Tax Capacity 1,289,000 1,564,000 275,000 21.3%
Debt Service Market Value 1,711,724 1,676,724 35,000 2.0%
Housing and Redevelopment 200,000 200,000 0 0%.
Equipment Revolving 639,392 664,968 25,576 4.0%
Capital Improvement/
Maintenance 1,000,000 1,000,000 0 0%
Fiscal Disparity Distribution 1,284,921 1,375,000 90,079 7.0%
Total $27,812,939 $29,514,297 $ 1,701,358 6.1%
Kotchevar reviewed the utility operations budget, and noted that a water rate increase is
likely in 2007. Although water use has remained steady, costs have risen about seven
percent. The storm water drainage operation lost money for the first time in 2005, and
staff is likely to ask for an increase here as well. Kotchevar said liquor store profits
continue to grow. She said she will likely recommend that$600,000 be transferred into
the CIP fund and that$300,000 remain in the liquor operation fund to be used for
expansion of one liquor store and upgrades to the other two stores.
Neal said after the January 21 Council Retreat,he asked Kotchevar to develop and budget
process model that incorporates more time and a methodical process for council review
and public input. Kotchevar presented a flow chart entitled"Achieving Strategic and
Financial Alignment—Recommended Strategic Planning and Budget Process."
Kotchevar said getting input at the front end of the process is critical, and getting public
input through surveys or town meetings would help staff in preparing the budget.
Kotchevar said the City may also want to consider setting a target price for government
services, as was discussed at a previous workshop.
Mayor Tyra-Lukens said it looks like a good plan, but she suggested both conducting a
survey and a holding a town meeting,rather than choosing just one.Neal said he also
recommends both. He said there is room for both statistical and anecdotal data.
Aho asked when the survey might be done.Kotchevar and Neal said they had not
discussed timing yet.
Neal said Bill Morris of Decision Resources does these types of surveys for a number of
cities,which allows for comparisons with other communities. The City can also add
questions of its own.
Butcher suggested being"very visible"about conducting the survey,based on input
Council received from citizens during the last budget process.
Council Workshop Minutes
March 8, 2006—page 4
Neal asked Council to give some thought to the new budget process.He said staff may
add a motion to approve the process to the next Council agenda. Neal noted that
Councilmember Case was absent, so he will brief him before the next meeting.
Council Chamber
U. OPEN FORUM
III. OPEN PODIUM
IV. ADJOURNMENT
ITEM NO.: V. B.
UNAPPROVED MINUTES
EDEN PRAHZIE CITY COUNCIL MEETING
WEDNESDAY,MARCH 8,2006 7:00 PM,CITY CENTER
Council Chamber
8080 Mitchell Road
CITY COUNCH.: 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 Sweeney
I. ROLL CALL/CALL THE MEETING TO ORDER
Tyra-Lukens called the meeting to order at 7:01 p.m.
H. PLEDGE OF ALLEGIANCE
M. COUNCIL FORUM INVITATION
IV. PRESENTATION OF FUND RAISING CHECK BY TUCKER ZANGS FOR
REPLACEMENT OF STARING LAKE SLIDE
Tyra-Lukens reviewed the history of the popular 36-foot tube slide in Staring Lake Park,
which was destroyed by vandalism on July 16, 2005. Student Tucker Zangs appeared at
the City Center shortly thereafter to volunteer to lead a public effort to sell wristbands to
raise money for its replacement, and to show community support for parks. Tyra-Lukens
praised Zangs for his effort and commitment, which raised $1525.00 from the sale of$2
bracelets, even more then the initial goal of$1000. Zangs presented a check to the City.
V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
Neal added an item on Hockey Association Requests to Report of the Parks and
Recreation Director, Item VII L regarding Tanager Creek Apartments to the Consent
Calendar, and two brief items to Report of the City Manager.
MOTION: Aho moved, seconded by Butcher, to approve the agenda as published and
amended. Motion carried 5-0.
VI. MINUTES
A. COUNCIL WORKSHOP HELD TUESDAY,FEBRUARY 21,2006
MOTION: Butcher moved, seconded by Young,to approve the Council
Workshop minutes as published. Motion carried 5-0.
CITY COUNCIL MINUTES
March 8,2006
Page 2
B. CITY COUNCIL MEETING HELD TUESDAY,FEBRUARY 21,2006
MOTION: Case moved, seconded by Young,to approve the City Council
minutes as published. Motion carried 5-0.
VII. 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 No.4-2006 for PUD-3-2006 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 No.5-2006 for PUD-4-2006
District Review for Zoning District Change)
D. RESOLUTION NO.2006-37 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
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
I. APPROVE EXECUTION OF THE DEFEASANCE ESCROW
AGREEMENT AND SUBORDINATION AGREEMENT FOR TANAGER
CREEK APARTMENTS
MOTION: Young moved, seconded by Case,to approve Items A-I on the Consent
Calendar. Motion carried 5-0.
VIII. PUBLIC HEARINGS/MEETINGS
CITY COUNCIL MINUTES
March 8,2006
Page 3
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 No.2006-38
for PUD Concept Review; Ordinance for PUD District Review with waivers
and Zoning District Amendment)
Neal said the project is for an 11,000-square-foot childcare facility and outside
activity area. 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 in the existing condition for over 25 years, and
existing landscaping provides the necessary screening. 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.
Tyra-Lukens praised the inclusion of a rainwater garden. Dietz noted it will only
serve the expansion area and is relatively small. The proponent shared a drawing
of the exterior and explained it would be all brick. Tyra-Lukens questioned
whether the day care really needed the existing 55-spot lot. Jeremiah said the
City does require childcare facilities to have that much parking. There were no
comments from the public.
MOTION: Butcher moved, seconded by Case,to close the Public Hearing; adopt
Resolution No. 2006-38 for Planned Unit Development Concept Review on 1.8
acres; 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. Motion carried 5-0.
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 No.2006-39 for PUD Concept
Amendment; Ordinance for PUD District Review and Zoning District
Amendment)
Neal explained 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. freestanding 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. The Planning
Commission voted 8-0 to recommend approval of the project to the City Council
CITY COUNCIL MINUTES
March 8,2006
Page 4
at its February 13,2006 meeting. Jeremiah said the clubhouse would be an
improvement to the complex and the City is very satisfied with it. Tyra-Lukens
agreed. There were no comments from the public.
MOTION: Aho moved, seconded by Young,to close the Public Hearing; adopt
Resolution No.2006-39 for Planned Unit Development Concept Amendment on
32.7 acres; 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.
Motion carried 5-0.
IX. PAYMENT OF CLAIMS
MOTION: Butcher moved, seconded by Young,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."
X. ORDINANCES AND RESOLUTIONS
XI. PETITIONS.REQUESTS AND COMMUNICATIONS
XH. REPORTS OF ADVISORY BOARDS & COMMISSIONS
XIII. APPOINTMENTS
A. 2006 BOARDS AND COMMISSIONS
Neal stated City Council held City Commission interviews on Tuesday,February
28, 2006. Fifty candidates applied for consideration: 39 new applicants and 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. Tyra-Lukens noted there were quite a few applications and a
talented applicant pool.
MOTION: Case moved, seconded by Butcher,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;
appoint to the Heritage Preservation Commission Ann Higgins—Term to expire
03/31/2009, and Richard Akerlund—Term to expire 03/31/2007; appoint to the
Human Rights&Diversity Commission Gerry Beckmann, Cari Maguire, and
Larry Piumbroeck—Terms to expire 03/31/2009; appoint to the Parks,Recreation
&Natural Resources Commission Rob Barrett, John Brill, Randy Jacobus, and
CITY COUNCIL MINUTES
March 8,2006
Page 5
Ian Mackay Terms to expire 03/31/2009 and Lee Elliott-Stoerin —Term to
Y P � g
expire 03/31/2008; appoint to the Planning Commission Jon Duckstad, Jerry
Pitzrick,and Ray Stoelting—Terms to expire 03/31/2009, and Frank Powell—
Term to expire 03/31/2008; appoint to the Conservation Commission Eapen
Chacko,David Seymour, and Jan Mosman—Terms to expire 03/31/2009, and
Ray Daniels,Rita Krocak, and Geneva MacMillen—Terms to expire 03/31/2008;
and appoint to the Flying Cloud Airport Advisory Commission Eden Prairie
Community appointments:Mark Michelson—Term to expire 03/31/2009;and
Richard King, Gregory McEwen and Bradley Stratton—Terms to expire
03/31/2008,plus Business Community appointments: Kurt Schendel and Jeffrey
Larsen—Terms to expire 03/31/2009. Motion carried 5-0.
B. 2006 BOARD OF APPEAL AND EQUALIZATION
Neal explained these appointments must be filled by experienced real estate
professionals with knowledge of the Southwest metro area. Mike Best of
REMAX Results, Doug Malam of REMAX Results, Annette O'Connor of
Coldwell Banker Burnet Realty, Patricia Pidcock of Edina Realty (former
member of the Eden Prairie City Council) and Brian Duoos of Edina Realty are
all involved in the sale of single-family properties in the southwest metro area.
MOTION: Young moved, seconded by Case,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 wor
k. Motion carried 5-0.
C. 2006 BOARDS AND COMMISSIONS CHAIRS AND VICE CHAIRS
Neal noted Chairs and Vice Chairs are appointed annually by the City Council
following the appointment of members to City Boards and Commissions. City
code requires a chairperson to have served one year on the Board or Commission
before becoming eligible for appointment.
MOTION: Aho moved, seconded by Case, to appoint Steve Mosow - Chair and
Heather Olson - Vice Chair of the Arts and Culture Commission; appoint Betsy
Adams - Chair and Nina Mackay Vice Chair of the Heritage Preservation
Commission; appoint Cari Maguire - Chair and Mellisa Barra -Vice Chair of the
Human Rights and Diversity Commission; appoint John Brill - Chair and Geri
Napuck - Vice Chair of the Parks, Recreation and Natural Resources
Commission; appoint Ray Stoelting- Chair and Fred Seymour-Vice Chair of the
Planning Commission; appoint Eapen Chacko - Chair and Jan Mosman - Vice
Chair of the Conservation Commission; appoint Richard King - Chair and Jeffrey
Larsen - Vice Chair of the Flying Cloud Airport Advisory Commission; and
appoint Patricia Pidcock - Chair and Mike Best - Vice Chair of the Board of
Appeal and Equalization. Motion carried 5-0.
XI IV. REPORTS OF OFFICERS
CITY COUNCIL MINUTES
March 8,2006
Page 6
A. REPORTS OF COUNCILMEMBERS
B. REPORT OF CITY MANAGER
1. Town Meeting on April 11
Neal noted the town meeting replaces the April 4, 2006 Council meeting
that has been taken off the schedule due to spring break. However,the
town meeting will not be an offsite Council Meeting. It will be an
informal format with no official business and held at Forest Hills
Elementary. A sound system will be provided and notes taken,but the
meeting will not be televised to keep an informal, approachable feel.
Tyra-Lukens asked if department heads could be present to answer
questions, and Neal agreed this was a good idea.
2. NLC Conference&Meeting with Congressman Ramstad's Office
Neal noted he would attend the National League of Cities conference
Saturday through Tuesday. He planned to visit Congressman Ramstad's
office to discuss the trail connection issue(see below),to find out when
the City might get access to a new ball field that is being held up by the
FAA,to advocate for transportation funding for the I-494/Highway 169
interchange, and to seek additional federal funding for firefighter training.
3. Chinese Delegation Follow-up
Neal said the Lodi delegation's visit went well. They presented the City
with a gift. The school district is exploring teacher exchange options.
Neal said he had also received a phone call from former Councilmember
Mary Jussin that could lead to summer exchange opportunities for
students.
4. Round Lake Water Ouality Report
Neal said he had received the independent report on Round Lake water
quality and treatment options that was requested by the Council and the
report was more promising than expected. He said he would share the
recommendations at the March 21, 2006 Council meeting.
5. Eden Prairie"Fabulous Place"
Neal reported Eden Prairie was one of two Minnesota cities(the other was
Rochester) listed in a new book, Fifty Fabulous Places to Raise Your
Family.
C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR
CITY COUNCIL MINUTES
March 8,2006
Page 7
1. MCA Wayfindin2 Update
Jeremiah reported the final copy of the MCA Study is available on the
City website and at the Eden Prairie Library. The task force has been
invited to the annual banquet for boards and commissioners. Current
activities include gathering a wayfinding committee to address the
renaming of TH 212 and signage plans. Four meetings will be held. The
committee currently has 12 members and needs more business
representatives. Jeremiah has also met with ten property owners regarding
the realignment of Singletree with West 78th Street and will continue to
get feedback. There are concerns about changes in access as well as
support for the value of an east-west connection to the wider area. There
is no funding for the realignment as yet. Jeremiah said the planned
feasibility study for the walkable Town Center area has been put on hold.
There has been so much developer interest that it makes sense to let the
private market take its course.
Tyra-Lukens asked if the concepts being floated for the Town Center
aligned with the MCA study. Jeremiah said yes. The plans call for mixed
use and there are willing sellers. There may even be competition. The
City parcel south of Flagship has also received lots of interest from
developers. The Study has generated excitement within the MCA area.
D. REPORT OF PARKS AND RECREATION DIRECTOR
1. Renovation of Miller Park Field#11
Lambert discussed the history of Field#11,the westernmost lighted soccer
field at Miller Park. When the field was constructed fifteen years ago,the
City was aware the sandy clay substrate was not a good surface,but had
no funds to change it. Since then,the field has"gotten by"through
maintenance and stopping play in poor conditions,but its deficiencies are
becoming unworkable. The field was closed after the football season last
fall to give it a rest. Unfortunately, several aerations and applications of
fertilizer are no longer enough to restore the field. It would look great
temporarily, but in six months if would be in poor condition again.
Lambert recommended changing Field#11 to a sand-based field at an
estimated cost of$120,000. This would require closing the field in July
after the soccer tournament. The reconstruction process would involve
stripping the top four inches of soil,removing the irrigation system,
putting in drain tile, adding sand and sand/topsoil mix,replacing the
irrigation system, and seeding. By the next year,the field would be ready
for the soccer tournament and the football season. This plan would
encourage a very deep root system and create a field that could take 12
inches of rain and still be playable two hours later. It would,however,
require more intense ongoing maintenance: daily watering,mowing twice
a week, and fifteen applications of fertilizer per year. Lambert
CITY COUNCIL MINUTES
March 8,2006
Page 8
recommended grading and performing the same reconstruction on the
westernmost field (which will be lighted)next year and reconstructing
Field#10 in 2008 and Field#9 in 2009. Reconstruction is expensive,but
it's better than letting the field get destroyed and taking it out of
circulation. The Sports Facilities Committee and the Parks and Recreation
Commission both agree reconstruction is the best option.
Tyra-Lukens asked if the $120,000 estimate includes the extra
maintenance cost. Lambert said no, $120,000 is construction cost only,
and represents a reduction from$200,000 since the City would act as the
general contractor. The maintenance cost would require an extra$4,000-
$5,000 each year,per field. Tyra-Lukens asked about artificial turf.
Lambert said they explored this option but rejected it. In addition to being
five times more expensive, artificial turf requires replacement every six
years unless it is under a bubble. It can generate dangerous heat levels,
enough to burn skin. Artificial turf also needs to be hosed down and
disinfected to guard against blood-borne pathogens and goose droppings.
The cleaning cost alone is higher than the cost of maintaining real turf.
Young confirmed tonight's action was just for Field#11. He asked when
the other fields would be brought for a vote.Lambert said during the 2007
budget review. He planned to talk to the soccer and football associations
about sharing the cost. Young asked the four-year total. Lambert said it
would be$800,000 for the field construction, $1 million if the lights are
included. The City needs to add another lighted field,however,to replace
the ones lost at Flying Cloud fields due to the Pioneer Trail expansion.
Young asked the total increase in operating costs. Lambert said it would
be$25,000 to $30,000 in materials costs alone,plus the costs of mowing
every 3-4 days (vs. 7-10 days on a normal field).
MOTION: Young moved, seconded by Case,to authorize staff to prepare
plans and specifications to reconstruct Miller Park field#I I at an
estimated cost of$120,000. Motion carried 5-0.
2. Veterans Memorial Committee
Lambert noted the veteran's memorial concept had been set aside when only
two people responded to a call for volunteers. Based on interest dribbling in
thereafter,the City advertised again and got 17 applicants. Lambert
recommended Council appoint them all, approve the hiring of a consultant,
and approve a draft charter. Lambert said the group should meet and
commit to raising all funds for planning and construction, including the cost
of a consultant,before a consultant is hired. If approved,the group could
bring back a concept for a design that could be phased in over a period of
years.
Lambert noted most veterans memorials are 100%funded by veterans, but
generally there is a VFW or American Legion to contribute funds,which
CITY COUNCIL MINUTES
March 8,2006
Page 9
Eden Prairie does not have. Raising the funds could be challenging,but it
would be up to the group to determine what is feasible.
Butcher asked whether the memorial would honor National Guard members.
Lambert said veterans' memorials typically honor all branches of the
service. The memorial would honor service,not necessarily wartime service
or death while in service. Butcher questioned the wording in the charter
stating, "have served in various wars." Lambert said"have served their
country"is more the intent and he would change the wording. Young stated
the fundraising issue is very important. If the intent is to back the City into
financing the effort,that idea needs to be quashed up front. Tyra-Lukens
said all Councilmembers are in agreement that funding be private.
MOTION: Case moved, seconded by Aho,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. Motion carried 5-0.
MOTION: Butcher moved, seconded by Aho,to approve the Charter
Statement,which outlines the responsibilities of the citizen task force and
the City staff for this process. Motion carried 5-0.
MOTION: Aho moved, seconded by Case,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.
Motion carried 5-0.
3. Trail Connection to Riverview Road
Lambert apologized for needing Council action on this issue,but noted he
had worked for nine months to get resolution to no avail. A Council letter
might help bring matters to a reasonable conclusion. Neal noted he would
speak to Congressman Ramstad about the issue as well.
Lambert reviewed the history of the trail connection to Riverview Road and
the discussion with the U.S. Fish and Wildlife Service thus far. The trail has
been planned for years (since at least 1991)to use an existing cattle
underpass under TH 212. Two years ago,when improvements were made
to the intersection of TH 212 and Charlson Road,MNDOT said the cattle
underpass was too steep to meet ADA standards and too vulnerable to
flooding. The City felt the trail connection was so important that it allocated
$220,000 to create a new underpass. The design was sent to MNDOT and
the US Fish and Wildlife Service,both of whom approved it, and four
different trail plans were submitted. After the underpass was already under
CITY COUNCIL MINUTES
March 8,2006
Page 10
construction,the City received a letter from Fish and Wildlife stating no trail
connection could be made. The letter cited a 1997 policy that no trails could
be constructed across native prairie. Fish and Wildlife claimed to have no
an knowledge of trail plan in that location. Lambert said he contested the
Y
decision. The master plan reflects that the trail was discussed in the mid
1980s when the refuge was formed. In 1990,the refuge manager asked
where the boundaries of the refuge should be expanded, and the City
actually recommended it acquire the area in question(from Riverview up to
TH 212.) The refuge acquired the land, did an environmental impact
statement, and approved a trail in that location. It is clear they did have
knowledge of the City's desire for a trail connection,both in 1990 and again
when the underpass construction began last year. The City was never
notified of the 1997 native prairie policy despite the discussion of building
an underpass solely to accommodate a trail.
Lambert said he had waited out the interim manager, spoken to the new
manager, and visited the site with her, all to the same conclusion. The Fish
and Wildlife Service maintains its rules are clear and that biologists will not
support a trail. Preservation of resources has priority over public use. The
PP P tY
only option at present would be to use MNDOT's drainage easement along
the TH 212 right-of-way. Because of the retaining walls required,this
option would cost the City$880,000,vs. $75,000 for the original
connection. Lambert said he could not justify that cost. Eventually,the
Dept of the Interior will acquire the Upgralla and Peterson parcels and want
Riverview Road, so the City could negotiate a trail access then. However,
that would mean fifteen or twenty years without a safe access. It is worth
trying to work from the top down to get a connection now. Tyra-Lukens
asked how a future Parks Director would know to negotiate for the access
should these efforts fail. Lambert said a review of the issue is in the front of
the file so future staff would be alerted to it.
MOTION: Young moved, seconded by Case,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. Motion carried 5-0.
4. Hockey Association Requests
Lambert noted Council approved the Hockey Association's request for a
match of up to $1 million towards a third sheet of ice at the Community
Center. The three remaining requests made by the Hockey Association
were sent to the Parks and Recreation Commission for discussion and are.
now ready for Council action. The first motion asks for space for a
permanent"wall of fame"for donors—a measure favored by everyone.
The second asks for a policy change on splitting revenue for dasher board
advertising. Instead of paying the Hockey Association$300 commission
on a$3400 three-year contract,the City would split ad revenue 50150 to
CITY COUNCIL MINUTES
March 8,2006
Page 11
provide more incentive for sales. Funds given to the Hockey Association
would be used to buy ice time at the Community Center. In addition,the
Association would like to develop a media plan for other ad revenues,
which could also be split 50150. The Parks and Recreation Commission
approved this idea, with the agreement to be reviewed in three years. The
third motion would grant naming rights to the rinks as an incentive to
large donors. After discussion,the Parks Commission agreed to the plan,
with the understanding the rinks would be named forever,that the cost of
naming rights would correlate with rink size, and that each rink's naming
rights would be in the six-figure range. He noted the Hockey Association
President was present to answer questions. Tyra-Lukens appreciated the
prompt response to the Association's requests.
MOTION: Case moved, seconded by Aho,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 new rink;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 they sell over the next
three years to be put in a fund for 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,with
the policy to be reviewed at the end of a three-year period to determine if
it should be extended; and to authorize 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. 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
XV. OTHER BUSINESS
XVI. ADJOURNMENT
MOTION: Aho moved, seconded by Young,to adjourn the meeting. Motion carried
5-0. The meeting adjourned at 8:15 p.m.
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar March 21, 2006
DEPARTMENUDIVISION: ITEM DESCRIPTION: ITEM NO.: VI.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.
New On-Sale Wine with Strong Beer&
3.2 Beer License
Licensee name:JSK Holdings,LLC
DBA: Pastrami Jacks
- 1 -
CITY COUNCIL AGENDA DATE:
SECTION: Consent Agenda March 21,2006
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VI.B.
Community Development/ Horizon Place
Planning
Janet Jeremiah/Regina Herron
Requested Action
Move to:
• Approve 2nd Reading of the Ordinance for Planned Unit Development District Review on 5.87
acres and Zoning District Change from Rural to Commercial Regional Service on 1.74 acres; and
• Adopt the Site Plan Review on 5.87 acres; and
• Approve the Development Agreement for Horizon Place;and
• Approve and Authorize Issuance of a Grading Permit for Horizon Place, subject to
release by the City Engineer upon determination that the final contract documents
conform to plans stamp dated January 30, 2006, as approved by the City Council.
Synopsis
This project is for a 29,000 square foot commercial development consisting of an 11,000 square
foot retail strip building and 18,000 square foot Office Max.
Attachments
1. Ordinance for PUD District Review
2. Summary Ordinance
3. Resolution for Site Plan Review
4. Development Agreement
HORIZON PLACE
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,IVIINNESOTA
ORDINANCE NO.8-2006-PUD-6-2006
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,NIINNESOTA,ORDAINS:
Section 1. That the land which is the subject of this Ordinance (hereinafter,the
"land") is legally described in Exhibit A attached hereto and made a part hereof.
Section 2. That action was duly initiated proposing that the land be removed from the
Rural Zoning District and be placed in the Planned Unit Development Commercial Regional
Service Zoning District 8-2006-PUD-6-2006 (hereinafter "PUD-6-2006-C-Reg-Ser).
Section 3. The land shall be subject to the terms and conditions of that certain
Development Agreement dated as of January 30,2006, entered into between Par-Vest,Inc, and
the City of Eden Prairie, (hereinafter"Development Agreement"). The Development Agreement
contains the terms and conditions of PUD-6-2006-C-Reg-Ser, and are hereby made a part hereof.
Section 4. The City Council hereby makes the following findings:
A. PUD-6-2006-C-Reg-Ser is not in conflict with the goals of the Comprehensive
Guide Plan of the City.
B. PUD-6-2006-C-Reg-Ser is designed in such a manner to form a desirable and
unified environment within its own boundaries.
C. The exceptions to the standard requirements of Chapters 11 and 12 of the City
Code that are contained in PUD-6-2006-C-Reg-Ser are justified by the design of
the development described therein.
D. PUD-6-2006-C-Reg-Ser is of sufficient size, composition,and arrangement that
its construction,marketing, and operation are feasible as a complete unit without
dependence upon any subsequent unit.
Section 5. The proposal is hereby adopted and the land shall be, and hereby is
removed from the Rural Zoning District, and placed in the Commercial Regional Service Zoning
District and shall be included hereafter in the Planned Unit Development PUD-6-2006-C-Reg-
Ser 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 and
passage
publication.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the
2 1" day of February,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 21" day of
March, 2006.
ATTEST:
Kathleen A.Porta,City Clerk Nancy Tyra-Lukens,Mayor
PUBLISHED in the Eden Prairie Sun Current on
EXHIBIT A
Lot 1,Block 2,FOUNTAIN PLACE,Hennepin County,Minnesota AND
Commencing at the northwest corner of Section 23,Township 116,Range 22,thence East along
the north line of said Section to the center of the State Highway Numbered 212 and 169 formerly
known as Number 5;thence southwesterly along the center line of said highway to the west line
of said Section;thence North to place of beginning
AND
Lot 1,Block 1,FOUNTAIN PLACE APARTMENTS, according to the recorded plat thereof,
Hennepin County,Minnesota.
HORIZON PLACE
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
SUMMARY OF
ORDINANCE NO. 8-2006-PUD-6-2006
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 TER 1 AND SECTION 11.99
O G RENCE CITY CODE CHAP ,
WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,NIINNESOTA,ORDAINS:
Summary: This ordinance allows rezoning of land located West of T.H.212, south of
Fountain Place, east of Columbine Road from the Rural Zoning District to the Commercial
Regional Service Zoning District on 1.74 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.)
HORIZON PLACE
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO.2006-
A RESOLUTION GRANTING SITE PLAN APPROVAL
FOR HORIZON PLACE
BY PAR-VEST,INC
WHEREAS,Par-Vest, Inc,has applied for Site Plan approval of Horizon Place to
construct a 29,000 square foot commercial development site consisting of retail uses,by an
Ordinance approved by the City Council on February 21,2006; and
WHEREAS,the Planning Commission reviewed said application at a public hearing at
its January 23, 2006 meeting and recommended approval of said site plans;and
WHEREAS,the City Council has reviewed said application at a public hearing at its
February 21, 2006 meeting.
NOW,THEREFORE,BE IT HEREBY RESOLVED BY THE CITY COUNCIL
OF THE CITY OF EDEN PRAIRIE,that site plan approval be granted to Horizon Place based
on the Development Agreement between Par-Vest, Inc. and the City of Eden Prairie,reviewed
and approved by the City Council on March 21,2006.
ADOPTED by the City Council of the City of Eden Prairie this 21 St day of March, 2006.
Nancy Tyra-Lukens,Mayor
ATTEST:
Kathleen A.Porta, City Clerk
DEVELOPMENT AGREEMENT
Project Name: Horizon Place
THIS DEVELOPMENT AGREEMENT("Agreement") is entered into as of March 21,
2006,by Par-Vest, Inc, a Minnesota corporation and Jeffery J. Weyers, Robert J. Weyers and
Paul A. Mister, as tenants in common, hereinafter referred to as "Developer," its successors and
assigns, and the CITY OF EDEN PRAMIE, a municipal corporation, hereinafter referred to as
1,Cit,9,.
WITNESSETH:
WHEREAS,Developer has applied to City for 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 with waivers on 5.87 acres,Zoning District
Change from Rural to Commercial Regional Service Zoning District on 1.74 acres,Site Plan Review
on 5.87 acres,and Preliminary Plat of 7.52 acres into I lot and road right of way,legally described on
Exhibit A(the"Property");
NOW,THEREFORE,in consideration ofthe City adopting Resolution No. for
Guide Plan Change,Resolution No. for Planned Unit Development Concept Review,
Ordinance No. for Planned Unit Development District Review and Zoning District
Change from Rural to Commercial Regional Service on 1.74 acres,Resolution No.
for Site Plan Review, and Resolution No. for Preliminary Plat, Developer agrees to
construct, develop and maintain the Property as follows:
1. PLANS: Developer shall develop the Property in conformance with the materials revised
and stamp dated January 30,2006,reviewed and approved by the City Council on February
21,2006,(hereinafter the"Plans")and identified on Exhibit B,subject to such changes and
modifications as provided herein.
2. EXHIBIT C: Developer agrees to the terms, covenants, agreements, and conditions set
forth in Exhibit C.
3. DEVELOPER'S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a
violation of City Code relating to use of the Land construction thereon or failure to fulfill an
obligation imposed upon the Developer pursuant to this Agreement,City shall give 24 hour
notice of such violation in order to allow a cure of such violation,provided however,City
need not issue a building or occupancy permit for construction or occupancy on the Land
while such a violation is continuing, unless waived by City.
The existence of a violation of City Code or the failure to perform or fulfill an obligation
required by this Agreement shall be determined solely and conclusively by the City Manager
of the City or a designee.
4. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall
release,defend and indemnify City,its elected and appointed officials,employees and agents
from and against any and all claims, demands, lawsuits, complaints, loss, costs (including
attorneys' fees), damages and injunctions relating to any acts, failures to act, errors,
omissions of Developer or Developer's consultants, contractors, subcontractors, suppliers
and agents. Developer shall not be released from its responsibilities to release,defend and
indemnify because of any inspection,review or approval by City.
5. EXTERIOR MATERIALS: Prior to building permit issuance,Developer shall submit to
the City Planner,and receive the City Planner's written approval of a plan depicting exterior
materials and colors to be used on the buildings on the Property.
Prior to issuance of any occupancy permit for the Property, Developer shall complete
implementation of the approved exterior materials and colors plan in accordance with the
terms and conditions of Exhibit C, attached hereto.
7. GRADING, DRAINAGE, AND STORMWATER POLLUTION PREVENTION
PLANS:
A. FINAL GRADING AND DRAINAGE PLAN:Developer agrees that the grading
and drainage plan contained in the Plans is conceptual. Prior to the release of a land
alteration permit for the Property, Developer shall submit and obtain the City
Engineer's written approval of a final grading and drainage plan for the Property.
The final grading and drainage plan shall include all wetland,wetland buffer strips,
wetland buffer monument locations,water quality ponds,storm water detention areas
and other items required by the application for and release of a land alteration permit.
All design calculations for storm water quality and quantity together with a drainage
area map shall be submitted with the final grading and drainage plan. Prior to release
of the grading bond,Developer shall certify to the City that the water quality pond
conforms to the final grading plan.
Developer shall employ the design professional who prepared the final grading plan.
The design professional shall monitor construction for conformance to the approved
final grading plan and Stormwater Pollution Prevention Plan(SWPPP). The design
professional shall provide a final report to the City certifying completion of the
grading in conformance the approved final grading plan and SWPPP.
B. STORMWATER POLLUTION PREVENTION PLAN (SWPPP): Prior to
issuance of a land alteration permit,Developer shall submit to the City Engineer and
obtain City Engineer's written approval of Stormwater Pollution Prevention Plan
(SWPPP)for the Property. The SWPPP shall include all boundary erosion control
features, temporary stockpile locations, turf restoration procedures and best
management practices to be utilized within the Project. Prior to release of the
grading bond, Developer shall complete implementation of the approved SWPPP.
8. IRRIGATION PLAN: Developer shall submit to the City Planner and receive the City
Planner's written approval of a plan for irrigation of the landscaped areas on the Property.
The irrigation plan shall be designed so that water is not directed on or over public trails and
sidewalks.
Developer shall complete implementation of the approved irrigation plan in accordance with
the terms and conditions of Exhibit C prior to issuance of any occupancy permit for the
Property.
10. LANDSCAPE PLAN: Prior to building permit issuance,the Developer shall submit to the
City Planner and receive the City Planner's written approval of a final landscape plan for the
Property depicting a total of 250 caliper inches. The approved landscape plan shall be
consistent with the quantity,type,and size of plant materials shown on the landscape plan on
the Plans. Developer shall furnish to the City Planner and receive the City Planner's
P h' ty
approval of a landscape bond equal to 150%of the cost of said improvements as required by
City Code.
Prior to issuance of any occupancy permit for the Property, Developer shall complete
implementation of the approved landscape plan in accordance with the terms and conditions
of Exhibit C.
11. MECHANICAL EQUIPMENT SCREENING: Developer shall submit to the City
Planner, and receive the City Planner's written approval of a plan for screening of
mechanical equipment on the Property. For purposes of this paragraph, "mechanical
equipment" includes gas meters, electrical conduit, water meters, and standard heating,
ventilating,and air-conditioning units. Security to guarantee construction of said screening
shall be included with that provided for landscaping on the Property,in accordance with City
Code requirements. Developer shall complete implementation of the approved plan prior to
issuance of any occupancy permit for the Property.
If,after completion of construction of the mechanical equipment screening,it is determined
by the City Planner,in his or her sole discretion,that the constructed screening does not meet
the Code requirements to screen mechanical equipment from public streets and differing,
adjacent land uses,then the City Planner shall notify Developer and Developer shall take
corrective action to reconstruct the mechanical equipment screening in order to cure the
deficiencies identified by the City Planner. Developer agrees that the City will not release
the security provided until Developer completes all such corrective measures.
12. RETAINING WALLS: Prior to issuance by the City of any permit for grading or
construction on the Property, Developer shall submit to the Chief Building Official, and
obtain the Chief Building Official's written approval of detailed plans for the retaining walls
identified on the grading plan in the Plans.
These plans shall include details with respect to the height,type of materials,and method of
construction to be used for the retaining walls. Developer agrees that the materials to be
used shall be compatible with those used on adjacent lands within the Fountain Place PUD.
Developer shall complete implementation of the approved retaining wall plan in accordance
with the terms and conditions of Exhibit C, attached hereto, prior to issuance of any
occupancy permit for the Property.
13.. SIDEWALK AND TRAIL CONSTRUCTION: Prior to issuance by City of any building
permit on the Property, Developer shall submit to the Director of Parks and Recreation
Services and obtain the Director's written approval of detailed plans for sidewalks and trails
to be constructed on the Property. Prior to release of the final plat for the Property,
Developer shall submit a access easement for review and written approval by the Director of
Parks and Recreation Services,in such locations as determined by the Director of Parks and
Recreation Services.
Prior to release of the final plat for any portion of the Property,and prior to recording of any
document affecting the property, including but not limited to a mortgage granted by the
Developer or owners,their successors and/or assigns, Developer shall submit proof to the
Director of Parks and Recreation Services that the Access Easement has been filed or record
with the Hennepin County Recorder/Register of Titles.
Sidewalks and trails shall be constructed in the following locations:
A. A five-foot wide concrete sidewalk to be located on the west side of Fountain Place
and the south side of Columbine Road as depicted in the Plans.
14. SIGNS: Developer agrees that for each sign which requires a permit by Eden Prairie City
Code, Section 11.70, Developer shall file with the City Planner and receive the City
Planner's written approval of an application for a sign permit. The application shall include a
complete description of the sign and a sketch showing the size, location, the manner of
construction, and other such information as necessary to inform the City of the kind, size,
material construction,and location of any such sign,consistent with the sign plan shown on
the Plans and in accordance with the requirements of City Code,Section 11.70,Subdivision
5a.
15. SITE LIGHTING: Prior to building permit issuance,Developer shall submit to the City
Planner and receive the City Planner's written approval of a plan for site lighting on the
Prop
erty. All pole lighting shall consist of downcast shoebox fixtures not to exceed 20 feet
in height. Developer shall complete implementation of the approved lighting plan prior to
issuance of any occupancy permit for the Property.
16. STREET AND UTILITY PLANS: Prior to issuance by the City of any permit for the
construction of streets and utilities for the Property, Developer shall submit to the City
Engineer,and obtain the City Engineer's written approval of plans for public streets,sanitary
sewer,water and storm sewer. Plans for public infrastructures shall be of a plan view and
profile on 24 x 36 plan sheets consistent with City standards. Prior to release of the final plat
for the Property, Developer shall furnish to the City Engineer and receive the City
Engineer's written approval of a surety equal to 125%of the cost of said improvements. A
permit fee of five percent of construction value shall be paid to City by Developer. The
design engineer shall provide daily inspection, certify completion in conformance to
approved plans and specifications and provide record drawings.
17. TRASH: Developer agrees that all trash, trash receptacles and recycling bins shall at all
times be located inside of the building enclosures depicted on the Plans.
18. TRASH ENCLOSURE: Developer has submitted to the City Planner, and obtained the
City Planner's written approval of a plan for the design and construction of the outside trash
enclosure for the Property. This trash enclosure shall be constructed with face brick to
match the building, include a roof, and heavy duty steel gates that completely screen the
interior of the enclosure. Developer shall complete implementation of the trash enclosure
plan prior to issuance of any occupancy permit for the Property.
19. SUPERSEDING DEVELOPMENT AGREEMENT: Upon execution by both parties,this
Agreement supersedes that certain Developer's Agreement between Par Vest, Inc and the
City of Eden Prairie entered into May 9, 1995 and that certain Development Agreement
entered 2 2004
between NAP Fountain Place,LLC and the City of Eden Prairieered into July 0,
as to the Property which is subject of this Agreement.
aforesaid.IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year
DEVELOPER CITY OF EDEN PRAIRIE
Par-Vest,Inc.
By By
Its Nancy Tyra-Lukens
Its Mayor
Jeffery J.Weyers
By
Robert J.Weyers Scott H.Neal
Its City Manager
Paul A.Mister,
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this_day of 2006,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 2006,by the
of Par-Vest,Inc„a Minnesota Corporation,on behalf of the
Notary Public
STATE OF MINNESOTA )
)ss-
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this_day of ,2006,by Jeffery J.Weyers,an Individual.
Notary Public
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this_day of ,2006,by Robert J.Weyers,an Individual.
Notary Public
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this_day of 2006,by Paul A.Klister,an Individual.
Notary Public
EXHIBIT A
DEVELOPMENT AGREEMENT—HORIZON PLACE
Legal Description Before Final Plat
Lot 1,Block 2,FOUNTAIN PLACE, Hennepin County,Minnesota
AND
Commencing at the northwest comer of Section 23,Township 116,Range 22,thence East along the
north line of said Section to the center of the State Highway Numbered 212 and 169 formerly known
as Number 5; thence southwesterly along the center line of said highway to the west line of said
Section;thence North to place of beginning.
AND
Lot 1, Block 1 FOUNTAIN PLACE APARTMENTS, according to the recorded plat thereof,
Hennepin County, Minnesota
Legal Description After Final Plat
Lot 1,Block 1,Horizon Place,Hennepin County,Minnesota
EXHIBIT B
DEVELOPMENT AGREEMENT—HORIZON PLACE
PLANS
LIST OF MATERIALS
Cover Sheet dated 12/02/05 by Westwood Professional Services, Inc
Existing Conditions Survey dated 12/28/05 by Westwood Professional Services, Inc
Civil Site Plan dated 12/02/05 by Westwood Professional Services,Inc
Grading Plan dated 12/02/05 by Westwood Professional Services, Inc
Utility Plan dated 12/02/05 by Westwood Professional Services, Inc
Landscape Plan dated 12/02/05 by Westwood Professional Services,Inc
Site Lighting Plan dated 02/15/06 by On Site Lighting& Survey,LLC
Preliminary Plat dated 12/28/05 by Westwood Professional Services, Inc
Sheet Al, Office Max Floor Plan dated 01/17/06 by RSP Architects,Ltd.
Sheet Al S,Office Max Floor Plan dated 12/02/05 by RSP Architects, Ltd.
Sheet A2,Office Max Exterior Elevations dated 01/23/06 by RSP Architects,Ltd.
Sheet A3,Office Max Exterior Elevations dated 01/23/06 by RSP Architects,Ltd.
Sheet A4,In-Line Shops Floor Plan dated 01/17/06 by RSP Architects,Ltd.
Sheet A4S, In-Line Shops Floor Plan dated 12/02/05 by RSP Architects,Ltd.
Sheet A5,In-Line Shops Exterior Elevations dated 01/17/06 by RSP Architects,Ltd.
EXHIBIT C
DEVELOPMENT AGREEMENT—HORIZON PLACE
I. Prior to release of any building permit, Developer shall submit to the City Engineer for
approval two copies of a development plan(1"=100'scale)showing existing and proposed
contours,proposed streets,and lot arrangements and size,minimum floor elevations on each
lot,preliminary alignment and grades for sanitary sewer,water main,and storm sewer, 100-
year flood plain contours, ponding areas, tributary areas to catch basins, arrows showing
direction of storm water flow on all lots,location of walks,trails,and any property deeded to
the City.
II. Developer shall submit detailed construction and storm sewer plans to the Watershed District
for review and approval. Developer shall follow all rules and recommendations of said
Watershed District.
III. Developer shall pay cash park fees as to all of the Property required by City Code in effect as
of the date of the issuance of each building permit for construction on the Property.
IV. If Developer fails to proceed in accordance with this Agreement within twenty-four (24)
months of the date hereof,Developer,for itself,its successors,and assigns,shall not oppose
the City's reconsideration and rescission of any Rezoning, Site Plan review and/or Guide
Plan review approved in connection with this Agreement, thus restoring the status of the
Property before the Development Agreement and all approvals listed above were approved.
V. Provisions of this Agreement shall be binding upon and enforceable against the Property and
the Owners,their successors and assigns of the Property.
VI. The Developer hereby irrevocably nominates,constitutes,and appoints and designates the
City as its attorney-in-fact for the sole purpose and right to amend Exhibit A hereto to
identify the legal description of the Property after platting thereof.
VII. Developer represents that it has marketable fee title to the Property, except:
With respect to any interest in all portions of the Property which Developer is required,
pursuant to this Agreement,to dedicate or convey to the City (the "Dedicated Property"),
Developer represents and warrants as follows now and at the time of dedication or
conveyance:
A. That Developer has marketable fee title free and clear of all mortgages, liens, and
other encumbrances. Prior to final plat approval,Developer shall provide to the City
a current title insurance policy insuring such a condition of title.
B. That Developer has not used, employed, deposited, stored, disposed of, placed or
otherwise allowed to come in or on the Dedicated Property,any hazardous substance,
hazardous waste, pollutant, or contaminant, including, but not limited to, those
defined in or pursuant to 42 U.S.C. §9601,et.seq.,or Minn. Stat.,Sec. I I5B.01,et.
seq. (such substances,wastes,pollutants, and contaminants hereafter referred to as
"Hazardous Substances");
C. That Developer has not allowed any other person to use, employ, deposit, store,
dispose of,place or otherwise have,in or on the Property,any Hazardous Substances.
D. That no previous owner, operator or possessor of the Property deposited, stored,
disposed of, placed or otherwise allowed in or on the Property any hazardous
substances.
Developer agrees to indemnify, defend and hold harmless City, its successors and assigns,
P �' fy, ty
against any and all loss,costs,damage and expense,including reasonable attorneys fees and
costs that the City incurs because of the breach of any of the above representations or
warranties and/or resulting from or due to the release or threatened release of Hazardous
Substances which were,or are claimed or alleged to have been,used,employed,deposited,
stored, disposed of, placed, or otherwise located or allowed to be located, in or on the
Dedicated Property by Developer, its employees, agents, contractors or representatives.
VIII. Developer acknowledges that Developer is familiar with the requirements of Chapter 11,
Zoning,and Chapter 12,Subdivision Regulations,of the City Code and other applicable City
ordinances affecting the development of the Property. Developer agrees to develop the
Property in accordance with the requirements of all applicable City Code requirements and
City Ordinances.
IX. Prior to release of the final plat,Developer shall pay to City fees for the first three(3)years'
street lighting on the public streets adjacent to the Property(including installation costs, if
any, as determined by electrical power provider), engineering review, and street signs.
X. Developer shall submit detailed water main, fire protection,and emergency vehicle access
plans to the Fire Marshal for review and approval. Developer shall follow all the
recommendations of the Fire Marshal.
XI. Developer acknowledges that the rights of City performance of obligations of Developer
contemplated in this agreement are special,unique, and of an extraordinary character, and
that, in the event that Developer violates, or fails, or refuses to perform any covenant,
condition, or provision made herein, City, may be without an adequate remedy at law.
t Developer agrees,therefore,that in the event Developer violates fails,or refuses s s o perform form
any covenant, condition, or provision made herein, City may, at its option, institute and
prosecute an action to specifically enforce such covenant, withhold building permits or
rescind or revoke any approvals granted by the City. No remedy conferred in this agreement
is intended to be exclusive and each shall be cumulative and shall be in addition to every
other remedy. The election of anyone or more remedies shall not constitute a waiver of any
other remedy.
XII. Developer shall,prior to the commencement of any improvements,provide written notice to
Time Warner Cable,a Minnesota Limited Partnership,the franchisee under the City's Cable
Communication Ordinance(80-33)of the development contemplated by this Development
Agreement. Notice shall be sent to Time Warner Cable, 801 Plymouth Avenue North,
Minneapolis,Minnesota 55411.
XIII. Prior to building permit issuance,all fees associated with the building permit shall be paid to
the Inspections Department,including;Building permit fee,plan check fee,State surcharge,
metro system access charge (SAC), City SAC and City water access charge (WAC), and
park dedication. Contact Metropolitan Waste Control to determine the number of SAC units.
XIV. Prior to building permit issuance, except as otherwise authorized in the approved Plans,
existing structures, walls and septic systems (if present) shall be properly abandoned or
removed as required by City ordinance and all permits obtained through the Inspections
Department.
XV. Prior to building permit issuance,provide two copies of an approved survey or site plan(1"
= 200 scale) showing proposed building location and all proposed streets, with approved
street names, lot arrangements and property lines.
XVI. The City shall not issue any building permit for the construction of any building, structure,
or improvement on the Property until all requirements listed in this Exhibit C have been
satisfactorily addressed by Developer.
XVII. No failure of the City to comply with any term, condition, covenant or agreement herein
shall subject the City to liability for any claim for damages, costs or other financial or
pecuniary charges.No execution on any claim,demand,cause of action or judgment shall be
levied upon or collected from the general credit,general fund or taxing powers of the City.
XVIII. Prior to issuance of the first building permit for the Property,Developer shall permanently
demarcate the location of the boundary of the conservation easement on each lot property
line or corner with permanent four-foot tall posts. A 2 %2 by 6 inch sign or decal reading
"Scenic/Conservation Easement Boundary,City of Eden Prairie",will be affixed to the top
of the post.
XIX. Within 10 days of the approval of the Development Agreement,the Developer shall record
the Development Agreement at the County Recorder and/or Registrar of Titles.The final
plat shall not be released until proof of filing of the Development Agreement is submitted to
the City.
XX. The City is hereby granted the option, but not the obligation, to complete or cause
completion in whole or part of all of the Developer's obligations under this Agreement for
which a bond, letter of credit, cash deposit or other security(hereinafter referred to as the
"Security")is required if the Developer defaults with respect to any term or condition in this
Agreement for which Security is required and fails to cure such default(s)within ten (10)
days after receipt of written notice thereof from the City;provided however if the nature of
the cure is such that it is not possible to complete the cure within ten (10) days, it shall be
sufficient if the Developer has initiated and is diligently pursuing such cure.The Developer
acknowledges that the City does not assume any obligations or duties of the Developer with
respect to any such contract agreements unless the City shall agree in writing to do so.
The City may draw down on or make a claim against the Security,as appropriate,upon five
(5)business days notice to the Developer,for any violation of the terms of this Agreement or
if the Security is allowed to lapse prior to the end of the required term. If the obligations for
which Security is required are not completed at least thirty(30)days prior to the expiration
of the Security and if the Security has not then been renewed,replaced or otherwise extended
beyond the expiration date, the City may also draw down or make a claim against the
Security as appropriate. If the Security is drawn down on or a claim is made against the
Security,the proceeds shall be used to cure the default(s) and to reimburse the City for all
costs and expenses, including attorneys' fee, incurred by the City in enforcing this
Agreement.
XXI. The Developer hereby grants the City, it's agents, employees, officers and contractors a
license to enter the Property to perform all work and inspections deemed appropriate by the
City in conjunction with this Agreement.
XXII. This Agreement is a contract agreement between the City and the Developer. No provision
of this Agreement inures to the benefit of any third person,including the public at large, so
as to constitute any such person as a third-party beneficiary of the Agreement or of any one
or more of the terms hereof,or otherwise give rise to any cause of action for any person not a
party hereto.
CITY COUNCIL AGENDA DATE:
SECTION: Consent Agenda March 21, 2006
DEPARTMENUDIVISION: ITEM DESCRIPTION: ITEM NO.: VI.C.
Community Development/Planning Lone Oak Center
Janet Jeremiah
Scott A. Kipp
Requested Action
Move to:
• Approve 2nd Reading of the Ordinance for Planned Unit Development District Review with
waivers on 5.27 acres and Zoning District Change from Commercial Regional Service to
Community Commercial on 5.27 acres; and
• Adopt the Resolution for Site Plan Review on 5.27 acres; and
• Approve the Development Agreement for Lone Oak Center; and
• Approve and Authorize Issuance of a Grading Permit for Lone Oak Center, subject to
release by the City Engineer upon determination that the final contract documents
conform to plans stamp dated February 9, 2006, as approved by the City Council.
Synopsis
This project is 34,740 square feet of retail uses consisting of a pharmacy,retail shops and a bank
on three lots.
Background Information
The Council requested additional information regarding the sign plans at its I"Reading for the
project. Attached to this memo is a depiction of the type of signage proposed for the individual
buildings and the project monument sign.
Attachments
1. Ordinance for PUD District Review
2. Summary Ordinance
3. Resolution for Site Plan Review
4. Development Agreement
5. Examples of proposed signs
LONE OAK CENTER
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
ORDINANCE NO.9-2006-PUD-7-2006
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:
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
Commercial Regional Service Zoning District and be placed in the Planned Unit Development
Community Commercial Zoning District 9-2006-PUD-7-2006 (hereinafter "PUD-7-2006-C-
Com").
Section 3. The land shall be subject to the terms and conditions of that certain
Development Agreement dated as of March 21, 2006, entered into between Dove Capital III,
LLC, and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development
Agreement contains the terms and conditions of PUD-7-2006-C-Com, and are hereby made a
part hereof.
Section 4. The City Council hereby makes the following findings:
A. PUD-7-2006-C-Corn is not in conflict with the goals of the Comprehensive Guide
Plan of the City.
B. PUD-7-2006-C-Com 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-7-2006-C-Com are justified by the design of the
development described therein.
D. PUD-7-2006-C-Com is of sufficient size, composition,and arrangement that its
construction,marketing, and operation are feasible as a complete unit without
dependence upon any subsequent unit.
Section 5. The proposal is hereby adopted and the land shall be, and hereby is
removed from the Commercial Regional Service Zoning District, and placed in the Community
Commercial Zoning District and shall be included hereafter in the Planned Unit Development
PUD-7-2006-C-Com 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
2 1" day of February, 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 21'` day of
March,2006.
ATTEST:
Kathleen A.Porta, City Clerk Nancy Tyra-Lukens,Mayor
PUBLISHED in the Eden Prairie Sun Current on
EXHIBIT A
LEGAL DESCRIPTION-
LOTS 1 &2, BLOCK 1, WINGATE HOTEL ADDITION, HENNEPIN COUNTY,
MINNESOTA
LONE OAK CENTER
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
SUMMARY OF
ORDINANCE NO. 9-2006-PUD-7-2006
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 at the northwest corner of
Lone Oak Road and Mitchell Road from the Commercial Regional Service Zoning District to the
Community Commercial Zoning District on 5.27 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.)
LONE OAK CENTER
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,NIINNESOTA
RESOLUTION NO.2006-
A RESOLUTION GRANTING SITE PLAN APPROVAL
FOR LONE OAK CENTER
BY DOVE CAPITAL III,LLC
WHEREAS,Dove Capital III,LLC,has applied for Site Plan approval of Lone Oak
Center to construct a 34,740 square foot commercial development consisting of a pharmacy,
retail shops, bank and office use, by an Ordinance approved by the City Council on February 21,
2006; and
WHEREAS,the Planning Commission reviewed said application at a public hearing at
its January 23,2006 meeting and recommended approval of said site plans; and
WHEREAS,the City Council has reviewed said application at a public hearing at its
February 21, 2006 meeting.
NOW,THEREFORE,BE IT HEREBY RESOLVED BY THE CITY COUNCIL
OF THE CITY OF EDEN PRAIRIE,that site plan approval be granted to Lone Oak Center
based on the Development Agreement between Dove Capital III, LLC and the City of Eden
Prairie, reviewed and approved by the City Council on March 21,2006.
ADOPTED by the City Council of the City of Eden Prairie this 21" day of March, 2006.
Nancy Tyra-Lukens,Mayor
ATTEST:
Kathleen A.Porta, City Clerk
DEVELOPMENT AGREEMENT
LONE OAK CENTER
THIS DEVELOPMENT AGREEMENT("Agreement") is entered into as of March 21,
2006,by Dove Capital III, LLC, a Minnesota limited liability company,hereinafter referred to as
"Developer," its successors and assigns, and the CITY OF EDEN PRAIRIE, a municipal
corporation,hereinafter referred to as "City":
WITNESSETH:
WHEREAS, Developer has applied to City for Guide Plan Change from 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 Zoning District on
5.27 acres,Site Plan Review on 5.27 acres,and Preliminary Plat of 5.27 acres into three lots and one
outlot, legally described on Exhibit A(the"Property");
NOW,THEREFORE,in consideration of the City adopting Resolution No. for
Guide Plan Change,Resolution No. for Planned Unit Development Concept Review,
Ordinance No. for Planned Unit Development District Review and Zoning District
Change from Commercial Regional Service to Community Commercial on 5.27 acres,Resolution
No. for Site Plan Review, and Resolution No. for Preliminary Plat,
Developer agrees to construct, develop and maintain the Property as follows:
1. PLANS: Developer shall develop the Property in conformance with the materials revised
and stamp dated February 9,2006,reviewed and approved by the City Council on February
21,2006, (hereinafter the'Plans")and identified on Exhibit B,subject to such changes and
modifications as provided herein.
2. EXHIBIT C: Developer agrees to the terms, covenants, agreements, and conditions set
forth in Exhibit C.
3. DEVELOPER'S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a
violation of City Code relating to use of the Land construction thereon or failure to fulfill an
obligation imposed upon the Developer pursuant to this Agreement,City shall give 24 hour
notice of such violation in order to allow a cure of such violation,provided however, City
need not issue a building or occupancy permit for construction or occupancy on the Land
while such a violation is continuing, unless waived by City.
The existence of a violation of City Code or the failure to perform or fulfill an obligation
required by this Agreement shall be determined solely and conclusively by the City Manager
of the City or a designee.
4. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall
release,defend and indemnify City,its elected and appointed officials,employees and agents
from and against any and all claims, demands, lawsuits, complaints, loss, costs (including
attorneys' fees), damages and injunctions relating to any acts, failures to act, errors,
omissions of Developer or Developer's consultants, contractors, subcontractors, suppliers
and agents. Developer shall not be released from its responsibilities to release,defend and
indemnify because of any inspection,review or approval by City.
5. CROSS ACCESS, PRIVATE UTILITIES, PARKING, AND MAINTENANCE
AGREEMENT: Prior to release of the final plat for the Property,the Developer shall enter
into a Cross Access,Private Utilities,Parking and Maintenance Agreement between Lots 1,
2, and 3 of the Property, the form of which must be approved by the City Engineer. This
Agreement shall address joint vehicle access and maintenance in parking areas,driveways,
private utilities,ponds and storm sewers. All of these facilities shall be privately owned and
maintained by the Developer or Owner. After approval by the city,Developer shall file the
Cross Access, Private Utilities, Parking and Maintenance Agreement with the Hennepin
County Recorder/Registrar of Title as appropriate immediately after the recording of the
final plat and prior to recording of any document affecting the Property including but not
limited to any mortgage granted by the Developer or owners,their successors and/or assigns.
Prior to the issuance of the first building permit for the Property,Developer shall submit to
the City Engineer proof that the Cross Access, Private Utilities, Parking and Maintenance
Agreement has been recorded in the Hennepin County Recorder's Office/Registrar of Titles'
Office.
6. EXISTING DEVELOPER'S AGREEMENT:This Development Agreement supersedes
that certain Developer's Agreement entered into as of June 20,2000 by Eden Prairie Hotel
Group,LLC, and the City of Eden Prairie.
7. EXTERIOR MATERIALS: Prior to building permit issuance,Developer shall submit to
the City Planner,and receive the City Planner's written approval of a plan depicting exterior
materials and colors to be used on the buildings on the Property.
Prior to issuance of any occupancy permit for the Property, Developer shall complete
implementation of the approved exterior materials and colors plan in accordance with the
terms and conditions of Exhibit C, attached hereto.
8. GRADING, DRAINAGE, AND STORM WATER POLLUTION PREVENTION
PLANS:
A. FINAL GRADING AND DRAINAGE PLAN: Developer agrees that the grading
and drainage plan contained in the Plans is conceptual. Prior to the release of a land
alteration permit for the Property, Developer shall submit and obtain the City
Engineer's written approval of a final grading and drainage plan for the Property. The
final grading and drainage plan shall include all wetland, wetland buffer strips,
wetland buffer monument locations,water quality ponds,storm water detention areas
and other items required by the application for and release of a land alteration permit.
All design calculations for storm water quality and quantity together with a drainage
area map shall be submitted with the final grading and drainage plan. Prior to release
of the grading bond, Developer shall certify to the City that the water quality pond
conforms to the final grading plan.
Developer shall employ the design professional who prepared the final grading plan.
The design professional shall monitor construction for conformance to the approved
final grading plan and Storm water Pollution Prevention Plan(SWPPP). The design
professional shall provide a final report to the City certifying completion of the
grading in conformance the approved final grading plan and SWPPP.
B. STORMWATER POLLUTION PREVENTION PLAN (SWPPP): Prior to
issuance of a land alteration permit,Developer shall submit to the City Engineer and
obtain City Engineer's written approval of Storm water Pollution Prevention Plan
(SWPPP)for the Property. The SWPPP shall include all boundary erosion control
features, temporary stockpile locations, turf restoration procedures and best
management practices to be utilized within the Project. Prior to release of the
grading bond,Developer shall complete implementation of the approved SWPPP.
9. GRADING IN THE WOODED AREAS ON SITE: Prior to grading within any of the
wooded areas on the Property,delineated on Exhibit B Plans,Developer shall submit to the
City Forester and receive the City Forester's written approval of a plan depicting
construction grading limits on the Property. Prior to the issuance of any land alteration
permit, Developer shall place a construction fence on the approved construction grading
limits. Developer shall notify the City and watershed district 48 hours in advance of grading
so that the construction limit fence may be field inspected and approved by the City Engineer
and City Forester. Developer shall maintain the construction limit fence until written
approval is granted by the City to remove the fence.
10. IRRIGATION PLAN: Developer shall submit to the City Planner and receive the City
Planner's written approval of a plan for irrigation of the landscaped areas on the Property.
The irrigation plan shall be designed so that water is not directed on or over public trails and
sidewalks.
Developer shall complete implementation of the approved irrigation plan in accordance with
the terms and conditions of Exhibit C prior to issuance of any occupancy permit for the
Property.
11. LANDSCAPE PLAN: Prior to building permit issuance,the Developer shall submit to the
City Planner and receive the City Planner's written approval of a final landscape plan for the
Property depicting a total of 150 caliper inches. The approved landscape plan shall be
consistent with the quantity,type,and size of plant materials shown on the landscape plan on
the Plans. Developer shall furnish to the City Planner and receive the City Planner's
approval of a landscape bond equal to 150%of the cost of said improvements as required by
City Code.
Prior to issuance of any occupancy permit for the Property, Developer shall complete
implementation of the approved landscape plan in accordance with the terms and conditions
of Exhibit C.
12. MECHANICAL EQUIPMENT SCREENING: Developer shall submit to the City
Planner, and receive the City Planner's written approval of a plan for screening of
mechanical equipment on the Property. For purposes of this paragraph, "mechanical
equipment" includes gas meters, electrical conduit, water meters, and standard heating,
ventilating,and air-conditioning units. Security to guarantee construction of said screening
shall be included with that provided for landscaping on the Property,in accordance with City
Code requirements. Developer shall complete implementation of the approved plan prior to
issuance of any occupancy permit for the Property.
If,after completion of construction of the mechanical equipment screening,it is determined
by the City Planner,in his or her sole discretion,that the constructed screening does not meet
the Code requirements to screen mechanical equipment from public streets and differing,
adjacent land uses, then the City Planner shall notify Developer and Developer shall take
corrective action to reconstruct the mechanical equipment screening in order to cure the
deficiencies identified by the City Planner. Developer agrees that the City will not release
the security provided until Developer completes all such corrective measures.
13. OWNER'S SUPPLEMENT TO DEVELOPMENT AGREEMENT: The Owner's
Supplement to this Agreement executed by and between the City of Eden Prairie and the
following are attached hereto and made a part hereof.
A. Eden Prairie Hotel Group,LLC,an Illinois limited liability company.
14. PROOF OF PARKING SPACES: Developer and City acknowledge that the 20 proof of
parking spaces proposed for the Property, depicted in the Plans, are not required to be
constructed at this time.
At such time as the City Manager,in his or her sole discretion,determines that it is necessary
for all or a portion of the proof of parking spaces to be constructed in order to accommodate
the use, the City Manager shall notify the Developer in writing of the need to construct
additional proof of parking spaces. This notification shall include the number,location and
timetable for construction of the additional proof-of-parking spaces. Developer shall comply
with all requirements contained in the City Manager's notification.
15. PUD WAIVERS GRANTED: The city hereby grants the following waivers to City Code
requirements within the Community Commercial District through the Planned Unit
Development District Review for the Property and incorporates said waivers as part of PUD
A. Front yard setback to building and parking of 24 feet along Lone Oak Road.
Code requires 35 feet.
B. Front yard setback to parking of 10 feet along Mitchell Road. Code requires 17.5
feet.
C. Side yard setback to parking of 0 feet within the parking area. Code requires 10
feet.
D. Side yard setback to parking of 5 feet. Code requires 10 feet.
E. Lot sizes less than 5 acres and dimension less than 300 feet.
16. RETAINING WALLS: Prior to issuance by the City of
Permit for grading or
construction on the Property, Developer shall submit to the Chief Building Official, and
obtain the Chief Building Official's written approval of detailed plans for the retaining walls
identified on the grading plan in the Plans.
These plans shall include details with respect to the height,type of materials,and method of
construction to be used for the retaining walls.
Developer shall complete implementation of the approved retaining wall plan in accordance
with the terms and conditions of Exhibit C, attached hereto, prior to issuance of any
occupancy permit for the Property.
17. SIDEWALK AND TRAIL CONSTRUCTION: Prior to issuance by City of any building
permit on the Property, Developer shall submit to the Director of Parks and Recreation
Services and obtain the Director's written approval of detailed plans for sidewalks and trails
to be constructed on the Property. Prior to release of any portion of the final plat,Developer
shall convey access easements for such sidewalks and trails in such locations as determined
by the Director of Parks and Recreation Services. Sidewalks and trails shall be constructed
in the following locations:
A. A five-foot wide concrete sidewalk to be located along the north side of Lone Oak
Road as depicted in the Plans.
B. A five-foot wide concrete sidewalk to be located along the west side of Mitchell
Road from the eastbound exit ramp of TH312 to Lone Oak Road.
Developer shall complete implementation of the approved plans in accordance with the
terms of Exhibit C prior to issuance of any occupancy permit for the Property. Bonding in
accordance with City Code shall be required for sidewalk construction.
18. SIGNS: Developer agrees that for each sign which requires a permit by Eden Prairie City
Code, Section 11.70, Developer shall file with the City Planner and receive the City
Planner's written approval of an application for a sign permit. The application shall include a
complete description of the sign and a sketch showing the size, location, the manner of
construction, and other such information as necessary to inform the City of the kind, size,
material construction,and location of any such sign,consistent with the sign plan shown on
the Plans and in accordance with the requirements of City Code, Section 11.70,Subdivision
5a.
19. SITE LIGHTING: Prior to building permit issuance,Developer shall submit to the City
Planner and receive the City Planner's written approval of a plan for site lighting on the
Property. All pole lighting shall consist of downcast fixtures not to exceed 20 feet in height.
Developer shall complete implementation of the approved lighting plan prior to issuance of
any occupancy permit for the Property.
20. TRAFFIC SIGNAL AND TURN LANE IMPROVEMENTS: The Developer is
responsible to design and construct the following public traffic signal and turn lane
improvements prior to issuance of the first occupancy permit:
A. A permanent traffic control signal system at the intersection of Mitchell Road and
Lone Oak Road, including implementation of coordinated signal timing plans for
Mitchell Road between Anderson Lakes Parkway and Martin Drive.
B. Right turn lanes on Mitchell Road at the main entrance to the Property and at Lone
Oak Road, including concrete curb and gutter, bituminous turn lanes, storm sewer,
utility relocations, signing and pavement markings.
C. Provide a second outbound lane to Mitchell Road on Lone Oak Road including
median revisions on Mitchell Road, signing and pavement markings.
Developer shall submit to the City Engineer,and obtain the City Engineer's written approval
of the above improvement plans. Plans for public infrastructures shall be of a plan view and
profile on 24 x 36 plan sheets consistent with City standards.Prior to release of the final plat
for the Property, Developer shall furnish to the City Engineer and receive the City
Engineer's written approval of a surety equal to 125%of the cost of said improvements.The
design engineer shall provide daily inspection, certify completion in conformance to
approved plans and specifications and provide record drawings.
As an alternative to the Developer's designing and constructing the signal improvements,the
Developer or its successors and assigns, may submit to the City, a petition for the signal
improvements. The City may condition the acceptance of the petition upon the Developer or
its successors and assigns,as applicable,entering into an assessment agreement for the full
pp , g
cost of the signal improvements.
21. TRASH: Developer agrees that all trash, trash receptacles and recycling bins shall at all
times be located inside of the building, or trash enclosure depicted on the Plans.
22. TREE LOSS-TREE REPLACEMENT: There are 1,247 diameter inches of significant
trees on the Property. Tree loss related to development on the Property is calculated at 630
diameter inches. Tree replacement required is 427 caliper inches. Prior to the issuance of
any grading permit for the Property,Developer shall submit to the City Forester and receive
the City Forester's written approval of a tree replacement plan for 427 caliper inches.
This approved plan shall include replacement trees of a 3-inch diameter minimum size for a
shade tree and a 7-foot minimum height for conifer trees. The approved plan shall also
provide that, should actual tree loss exceed that calculated herein,Developer shall provide
tree replacement on a caliper inch per caliper inch basis for such excess loss.
Prior to issuance of any grading permit for the Property,Developer shall furnish to the City
Planner and receive the City Planner's approval of a tree replacement bond equal to 150%of
the cost of said improvements as required by City Code.
Developer shall complete implementation of the approved tree replacement plan prior to
occupancy permit issuance.
23. WETLAND PLAN:
Prior to release of the final plat for any portion of the Property,Developer shall submit to the
Environmental Coordinator and receive the Environmental Coordinator's approval of a
Wetland Plan. The approved Wetland Plan shall be consistent with the materials and
requirements shown on the Plans and as required by City Code. The Plan shall include the
following elements.
A. Annual Wetland and Wetland Buffer Strip Evaluation: Prior to release of the
final plat for any portion of the Property,Developer shall submit a signed contract
with a qualified wetland consultant, as determined by the City Manager and/or
designee,for preparation of an Annual Wetland and Wetland Buffer Strip Evaluation
Report (Annual Buffer Report) that evaluates the condition of the wetland(s) and
wetland buffer strip(s). The Annual Buffer Report shall provide both an action plan
and proposed cost for correction of all problems identified within the wetland(s)
and/or wetland buffer strip(s).
The first Annual Buffer Report shall be submitted no later than November I of the
calendar year in which construction of the wetland and/or wetland buffer strip is
commenced. Thereafter, this report shall be submitted annually until two full
growing seasons following completion of the development have passed, at which
point a final Annual Report shall be submitted. The final Annual Buffer Report shall
be submitted two full growing seasons following completion of the development and
shall evaluate the wetland(s) and wetland buffer strip(s) to determine if the
wetland(s) and/or wetland buffer strip(s) remain in compliance with all City
requirements.
If any unacceptable conditions or vegetation are identified within the Annual Buffer
Reports or final Annual Buffer Report, the Developer shall correct the area(s)
identified within 90 days of submission of the Annual Buffer Report.
B. Conservation Easement: Prior to release of the final plat for the Property,
Developer shall submit a Conservation Easement attached as Exhibit D,for review
and written approval by the Environmental Coordinator, for the area delineated on
the Plans. After approval by the City, Developer shall file the Conservation
Easement with the Hennepin County Recorder/Registrar of Title as appropriate
immediately after the recording of the final plat and prior to recording of any
document affecting the property including but not limited to any mortgage granted
by the Developer or owners,their successors and/or assigns.
Prior to the issuance of the first building permit for the Property, Developer shall
submit to the Environmental Coordinator proof that the Conservation Easement has
been recorded in the Hennepin County Recorder's Office/Registrar of Titles'Office.
C. Wetland Buffer Strip Monuments: Prior to release of the first building permit for
any portion of the Property, and prior to recording of any document affecting the
property, including any mortgage granted by the Developer or owners, their
successors and/or assigns,Developer shall install all wetland buffer strip monuments
for the property. Wetland buffer strip monument locations shall be shown on the
final grading plan and final plat. The post shall be a fiberglass reinforced composite
post with a maximum size of 4 inch by 4 inch(4"x 4")that states"Wetland Buffer:
No Mowing Allowed". The post shall be mounted to a height of a minimum of four
feet above grade set at least 42 inches in the ground. The bottom of the post must be
fitted with an anchor attachment that would expand upon attempted removal.
Removal of the wetland buffer strip monuments is prohibited.
D. Wetland Performance Bond: Prior to release of the final plat for any portion ofthe
Property,Developer shall furnish to the Environmental Coordinator and receive the
Environmental Coordinator's approval of a Wetland Plan performance bond, cash
escrow,or letter of credit with a corporation approved by the City Manager or other
guarantee acceptable to the City Manager(hereinafter referred to as the"Security")
equal to 150% of the cost, as estimated by the City Manager, of completing said
Wetland Plan requirements and/or Landscaping as depicted on the Plans and as
required by City Code. Said Security shall cover costs associated with the Wetland
Plan during development and for two full growing seasons following completion of
the development.
If the Developer fails to implement the Wetland Plan in accordance with its terms,the City
may draw upon the Security in whole or in part to pay the cost of implementation.
IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be
executed as of the day and year aforesaid.
DEVELOPER CITY OF EDEN PRAIRIE
Dove Capital III,LLC
By By
Its Nancy Tyra-Lukens
Its Mayor
By By_
Its Scott H.Neal
Its City Manager
STATE OF NIINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of ,2006,
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 ,2006,by
. the , of Dove Capital III, LLC, a
Minnesota limited liability company, on behalf of the company.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
City of Eden Prairie
8080 Mitchell Road
Eden Prairie,MN 55344
EXHIBIT A
DEVELOPMENT AGREEMENT—LONE OAK CENTER
Legal Description Before Final Plat
Lot 1 and 2,Block 1, WINGATE HOTEL ADDITION,Hennepin County,MN.
Legal Description After Final Plat
Lot 1-3, Block 1, LONE OAK CENTER, Hennepin County,MN.
EXHIBIT B
DEVELOPMENT AGREEMENT—LONE OAK CENTER
PLANS
LIST OF MATERIALS
1. Sheet G,Boundary Survey dated 12-02-05 by Bolton&Menk,Inc.
2. Sheet N, Site Plan dated 2-10-06 by DJR Architecture Inc.
3. Sheet O, Grading Plan dated 01-16-06 by Polaris Group
4. Sheet P, Utility Plan dated 01-16-06 by Polaris Group
5. Sheet Q Landscape Plan dated 02-10-06 by DJR Architecture Inc.
6. Sheet R1,Building"A"Pharmacy Plans and Elevations dated 02-10-06 by DJR Architecture
Inc.
7. Sheet R2A,Building`B"Retail Floor Plan dated 02-10-06 by DJR Architecture Inc.
8. Sheet R213, Building`B"Retail Elevations dated 02-10-06 by DJR Architecture Inc.
9. Sheet R3,Building"C"Bank Plan and Elevations dated 02-10-06 by DJR Architecture Inc.
10. Sheet S,Tree Inventory dated 01-23-06 by Polaris Group
11. Sheet W,Preliminary Plat dated 02-06-06 by Bolton&Menk, Inc.
EXHIBIT C
DEVELOPMENT AGREEMENT-LONE OAK CENTER
I. Prior to release of any building permit, Developer shall submit to the City Engineer for
approval two copies of a development plan(1"=100'scale)showing existing and proposed
contours,proposed streets,and lot arrangements and size,minimum floor elevations on each
lot,preliminary alignment and grades for sanitary sewer,water main,and storm sewer, 100-
year ,flood plain contours, ponding areas, tributary areas to catch basins, arrows showing
direction of storm water flow on all lots,location of walks,trails,and any property deeded to
the City.
II. Developer shall submit detailed construction and storm sewer plans to the Watershed District
for review and approval. Developer shall follow all rules and recommendations of said
Watershed District.
III. Developer shall pay cash park fees as to all ofthe Property required by City Code in effect as
of the date of the issuance of each building permit for construction on the Property.
IV. If Developer fails to proceed in accordance with this Agreement within twenty-four (24)
months of the date hereof,Developer,for itself,its successors,and assigns,shall not oppose
the City's reconsideration and rescission of any Rezoning, Site Plan review and/or Guide
Plan review approved in connection with this Agreement, thus restoring the status of the
Property before the Development Agreement and all approvals listed above were approved.
V. Provisions of this Agreement shall be binding upon and enforceable against the Property and
the Owners,their successors and assigns of the Property.
VI. The Developer hereby irrevocably nominates, constitutes, and appoints and designates the
City as its attorney-in-fact for the sole purpose and right to amend Exhibit A hereto to
identify the legal description of the Property after platting thereof.
VII. Developer represents that it has marketable fee title to the Property, except:
Eden Prairie Hotel Group,LLC,an Illinois limited liability company
With respect to any interest in all portions of the Property which Developer is required,
pursuant to this Agreement,to dedicate or convey to the City (the "Dedicated Property"),
Developer represents and warrants as follows now and at the time of dedication or
conveyance:
A. That Developer has marketable fee title free and clear of all mortgages, liens, and
other encumbrances. Prior to final plat approval,Developer shall provide to the City
a current title insurance policy insuring such a condition of title.
B. That Developer has not used, employed, deposited, stored, disposed of, placed or
otherwise allowed to come in or on the Dedicated Property,any hazardous substance,
hazardous waste, pollutant, or contaminant, including, but not limited to, those
defined in or pursuant to 42 U.S.C. §9601,et.seq.,or Minn.Stat.,Sec. 115B.01,et.
seq.(such substances,wastes, pollutants, and contaminants hereafter referred to as
"Hazardous Substances");
C. That Developer has not allowed any other person to use, employ, deposit, store,
dispose of,place or otherwise have,in or on the Property,any Hazardous Substances.
D. That no previous owner, operator or possessor of the Property deposited, stored,
disposed of, placed or otherwise allowed in or on the Property any hazardous
substances.
Developer agrees to indemnify, defend and hold harmless City; its successors and assigns,
against any and all loss,costs,damage and expense,including reasonable attorneys fees and
costs that the City incurs because of the breach of any of the above representations or
warranties and/or resulting from or due to the release or threatened release of Hazardous
Substances which were,or are claimed or alleged to have been,used,employed,deposited,
stored, disposed of, placed, or otherwise located or allowed to be located, in or on the
Dedicated Property by Developer, its employees, agents,contractors or representatives.
VIII. Developer acknowledges that Developer is familiar with the requirements of Chapter 11,
Zoning,and Chapter 12,Subdivision Regulations,of the City Code and other applicable City
ordinances affecting the development of the Property. Developer agrees to develop the
Property in accordance with the requirements of all applicable City Code requirements and
City Ordinances.
IX. Prior to release ofthe final plat,Developer shall pay to City fees for the first three(3)years'
street lighting on the public streets adjacent to the Property(including installation costs, if
any, as determined by electrical power provider), engineering review, and street signs.
X. Developer shall submit detailed water main, fire protection,and emergency vehicle access
plans to the Fire Marshal for review and approval. Developer shall follow all the
recommendations of the Fire Marshal.
Xl. Developer acknowledges that the rights of City performance of obligations of Developer
contemplated in this agreement are special,unique, and of an extraordinary character, and
that, in the event that Developer violates, or fails, or refuses to perform any covenant,
condition, or provision made herein, City may be without an adequate remedy at law.
Developer agrees,therefore,that in the event Developer violates,fails,or refuses to perform
any covenant, condition, or provision made herein, City may, at its option, institute and
prosecute an action to specifically enforce such covenant, withhold building permits or
rescind or revoke any approvals granted by the City. No remedy conferred in this agreement
is intended to be exclusive and each shall be cumulative and shall be in addition to every
other remedy. The election of anyone or more remedies shall not constitute a waiver of any
other remedy.
XII. Developer shall,prior to the commencement of any improvements,provide written notice to
Time Warner Cable,a Minnesota Limited Partnership,the franchisee under the City's Cable
Communication Ordinance(80-33)of the development contemplated by this Development
Agreement. Notice shall be sent to Time Warner Cable, 801 Plymouth Avenue North,
Minneapolis, Minnesota 55411.
XIII. Prior to building permit issuance,all fees associated with the building permit shall be paid to
the Inspections Department,including;Building permit fee,plan check fee,State surcharge,
metro system access charge (SAC), City SAC and City water access charge (WAC), and
park dedication. Contact Metropolitan Waste Control to determine the number of SAC units.
XIV. Prior to building permit issuance, except as otherwise authorized in the approved Plans,
existing structures, walls and septic systems (if present) shall be properly abandoned or
removed as required by City ordinance and all permits obtained through the Inspections
Department.
XV. Prior to building permit issuance,provide two copies of an approved survey or site plan(I
= 200 scale) showing proposed building location and all proposed streets, with approved
street names, lot arrangements and property lines.
XVI. The City shall not issue any building permit for the construction of any building,structure,
or improvement on the Property until all requirements listed in this Exhibit C have been
satisfactorily addressed by Developer.
XVII. No failure of the City to comply with any term, condition, covenant or agreement herein
shall subject the City to liability for any claim for damages, costs or other financial or
pecuniary charges.No execution on any claim,demand,cause of action or judgment shall be
levied upon or collected from the general credit,general fund or taxing powers of the City.
XVIII. Prior to issuance of the first building permit for the Property,Developer shall permanently
demarcate the location of the boundary of the conservation easement on each lot property
line or corner with permanent four-foot tall posts. A 2 '/z by 6 inch sign or decal reading
"Scenic/Conservation Easement Boundary,City of Eden Prairie",will be affixed to the top
of the post.
XIX. Within 10 days of the approval of the Development Agreement,the Developer shall record
the Development Agreement at the County Recorder and/or Registrar of Titles.The final
plat shall not be released until proof of filing of the Development Agreement is submitted to
the City.
XX. The City is hereby granted the option, but not the obligation, to complete or cause
completion in whole or part of all of the Developer's obligations under this Agreement for
which a bond, letter of credit, cash deposit or other security(hereinafter referred to as the
"Security")is required if the Developer defaults with respect to any term or condition in this
Agreement for which Security is required and fails to cure such default(s)within ten (10)
days after receipt of written notice thereof from the City;provided however if the nature of
the cure is such that it is not possible to complete the cure within ten(10) days, it shall be
sufficient if the Developer has initiated and is diligently pursuing such cure.The Developer
acknowledges that the City does not assume any obligations or duties of the Developer with
respect to any such contract agreements unless the City shall agree in writing to do so.
The City may draw down on or make a claim against the Security,as appropriate,upon five
(5)business days notice to the Developer,for any violation of the terms ofthis Agreement or
if the Security is allowed to lapse prior to the end of the required term. If the obligations for
which Security is required are not completed at least thirty(30)days prior to the expiration
of the Security and if the Security has not then been renewed,replaced or otherwise extended
beyond the expiration date, the City may also draw down or make a claim against the
Security as appropriate. If the Security is drawn down on or a claim is made against the
Security,the proceeds shall be used to cure the default(s)and to reimburse the City for all
costs and expenses, including attorneys fee, incurred by the City in enforcing this
Agreement.
XXI. The Developer hereby grants the City, it's agents, employees, officers and contractors a
license to enter the Property to perform all work and inspections deemed appropriate by the
City in conjunction with this Agreement.
XXII. This Agreement is a contract agreement between the City and the Developer. No provision
of this Agreement inures to the benefit of any third person,including the public at large,so
as to constitute any such person as a third-party beneficiary of the Agreement or of any one
or more of the terms hereof,or otherwise give rise to any cause of action for any person not a
party hereto.
EXHIBIT D
DEVELOPMENT AGREEMENT—LONE OAK CENTER
CONSERVATION/SCENIC EASEMENT
THIS EASEMENT AGREEMENT is made this—day of_____,2006 by and between
Dove Capital III,LLC,a Minnesota limited liability company,hereinafter referred to as"Grantor,"
and the CITY OF EDEN PRAIRIE, a Minnesota municipal corporation,hereinafter referred to as
,1City";
WHEREAS,Grantor is the fee owner of land located in Hennepin County,Minnesota,more
fully described in Exhibit A, attached hereto and made a part hereof, and said land hereinafter
referred to as "the Property"; and,
WHEREAS, Grantor has marketable title to the Property, free and clear of all liens,
mortgage, and encumbrances, except:
WHEREAS,Grantor and City wish to enter into an agreement which will grant to the City a
conservancy/scenic easement for conservation and preservation of the terrain and vegetation,and to
prohibit certain destructive acts thereon,over that portion of the Property as described in Exhibit B,
hereinafter referred to as the "Easement Area", attached hereto;
NOW,THEREFORE,in consideration of the premises contained herein,it is agreed by the
parties as follows:
1. ,Grantor hereby conveys to City and its successors and assigns a conservation and
scenic easement in, under, on, and over the "Basement Area", and City hereby
accepts such conveyance.
2. The following terms and conditions shall apply to the Easement Area:
A. The Easement Area shall be preserved predominantly in its natural condition.
No trees, shrubs or other vegetation shall be planted or removed from the
Easement Area without the prior written consent of the City. The City will
consider removal of noxious weeds, as defined by Minnesota Statutes
Sections 18.76-18.88, upon submission and approval of a Vegetation
Management Plan. No vegetation cutting,fertilizer application or placement
of turfgrass, such as Kentucky bluegrass, shall occur within the Easement
Area.
B. Wetland buffer monuments must be placed at the boundaries of the wetland
buffer stripas shown on Exhibit C. Removal of the wetland buffer strip
P
monuments is not allowed.
C. No building,road, sign,billboard,utility,or other structures shall be placed
in the Easement Area without the prior written consent of City.
D. No trash,waste, or other offensive material, soil, or landfill shall be placed
upon or within the Easement Area without the prior written consent of the
City.
E. No change in the general topography of the Easement Area landscape,
including,but not limited,to excavation,dredging,movement,and removal
or placement of soil, shall be allowed within the Easement Area without the
prior written consent of the City.
F. Grantor may,no more than once per calendar year,remove sediment caused
by storm water drainage into a storm water ponding area. Any removal of
sediment must r v in the City and be in accordance
be pre-approved ed writing by ty
with City and Wetland Conservation Act guidelines. Landscaping must be
replaced in accordance with the requirements outlined in this Conservation
Easement.
3. With respect to the Easement Area, Grantor represents and warrants as follows:
A. That Grantor has marketable title free and clear of all liens, encumbrances
and mortgages.
B. That Grantor has not used,employed,deposited, stored,disposed of,placed
or otherwise allowed to come in or on the Easement Area, any hazardous
substance, hazardous waste, pollutant, or contaminant, including, but not
limited to,those defined in or pursuant to 42 U.S.C.§9601,et.seq.,or Minn.
Stat., Sec. 11513.01, et. seq. (such substances, wastes, pollutants, and
contaminants hereafter referred to as "Hazardous Substances");
C. That Grantor has not allowed any other person to use,employ,deposit,store,
dispose of, place or otherwise have, in or on the Easement Area, any
Hazardous Substances;
D. That no previous owner, operator or possessor of the easement area
,
deposited, stored, disposed of, placed, or otherwise allowed in or on the
Easement Area any Hazardous Substances;
Grantor agrees to indemnify,defend and hold harmless City,against any and all loss,
costs, damage and expense, including reasonable attorneys fees and costs that City
incurs because of the breach of any of the above representations or warranties and/or
resulting from or due to the inaccuracy or falsity of any representation or warranty
herein.
4. Grantor agrees to maintain the Easement Area subject to the provisions stated herein.
5. The duration of this easement is perpetual and shall bind and inure to the benefit of
the parties,their successors, and assigns.
6. Nothing contained herein shall impair any right of City now held or hereafter
acquired to construct or maintain public utilities in or on the Easement Area.
IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be
executed as of the day and year aforesaid.
GRANTOR CITY OF EDEN PRAIRIE
NOT TO BE SIGNED By NOT TO BE SIGNED
Nancy Tyra-Lukens
Its Mayor
NOT TO BE SIGNED By NOT TO BE SIGNED
Scott H.Neal
Its City Manager
STATE OF NIINNESOTA )
)Ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of ,2006,
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 ,2006,
by . the a Minnesota
on behalf of the company.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
City of Eden Prairie
8080 Mitchell Road
Eden Prairie,MN 55344
EXHIBIT A
THE PROPERTY
Legal Description Before Final Plat
Lot 1 and 2, Block 1, WINGATE HOTEL ADDITION, Hennepin County,MN.
Legal Description After Final Plat
Lot 1-3,Block 1,LONE OAK CENTER,Hennepin County, MN.
EXHIBIT B
"EASEMENT AREA"
Legal Description Before Final Plat
Legal Description After Final Plat
EXHIBIT C
"EASEMENT AREA" DIAGRAM
SUPPLEMENT SU MEN' T TO
DEVELOPMENT AGREEMENT BETWEEN
DOVE CAPITAL III, LLC
AND THE CITY OF EDEN PRAIRIE
THIS AGREEMENT,made and entered into as of March 21,2006,by and between Eden
Prairie Hotel Group LLC, an Illinois limited liability company, ("Owner"), and the CITY OF
EDEN PRAIRIE ("City"):
For,and in consideration of,and to induce City to adopt Resolution No. for Guide Plan
Change, Resolution No. for Planned Unit Development Concept Review, Ordinance No.
for Planned Unit Development District Review and Zoning District Change from Commercial
Regional Service to Community Commercial, Resolution No. for Site Plan Review, and
Resolution No. for Preliminary Plat, as more fully described in that certain Development
Agreement entered into as of March 21,2006,by and between Dove Capital III,LLC,a Minnesota limited
liability company, and City("Development Agreement"), Owner agrees with City as follows:
1. If Dove Capital III,LLC, fails to commence development in accordance with the
Development Agreement and fails to obtain an occupancy permit for all of the
improvements referred to in the Development Agreement within 24 months of the
date of this Owners' Supplement, Owner shall not oppose the City's
reconsideration and rescission of Resolution No. for Guide Plan
Change, Resolution No. for Planned Unit Development Concept
Review, Ordinance No. for Planned Unit Development District
Review and Zoning District Change from Commercial Regional Service to
Community Commercial, Resolution No. for Site Plan Review, and
Resolution No. for Preliminary Plat, identified above,thus restoring
the status of the Property before the Development Agreement and all approvals
listed above were approved.
2. This Agreement and the Development Agreement shall be binding upon and
enforceable against the Property and the Owner,their successors and assigns of
the Property.
3. If Owner transfers this Property, Owner shall obtain an agreement from the
transferee requiring that such transferee agree to all of the terms, conditions and
obligations of"Developer" in the Development Agreement. Neither the Owner or
transferee are required to develop the property in accordance with this
Agreement, so long as Owner or transferee obtain such approvals as are required
b City Code to develop the Property in a manner other than as set forth in this
y h' P P rtY
Agreement.
IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to
be executed as of the day and year aforesaid.
OWNERS CITY OF EDEN PRAIRIE
Eden Prairie Hotel Group,LLC,
an Illinois limited liability company
By By
Its Nancy Tyra-Lukens
Its Mayor
By BY
Its Scott H.Neal,
Its City Manager
STATE OF NIINNESOTA )
)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.NIINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of ,
2006,by ,the of Eden Prairie Hotel Group,
LLC, an Illinois limited liability company, on behalf of the company.
Notary Public
EXHIBIT A
OWNERS SUPPLEMENT
Legal Description Before Final Plat
Lot 1 and 2,Block 1, WINGATE HOTEL ADDITION,Hennepin County,MN.
Legal Description After Final Plat
Lot 1-3,Block 1,LONE OAK CENTER,Hennepin County,MN.
CITY COUNCIL AGENDA DATE:
SECTION: March 21, 2006
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VI.D.
Pat Brink Council and Control Room
Communications Manager Improvements
Requested Action
• Award contract to update and modernize the City Council Chambers and the Control
Room to AVI of Eden Prairie for a cost not to exceed $175,000.
Synopsis
• AVI,Alpha Video and SPL all submitted bids for this project.
• Alpha Video's bid was not considered because it did not have enough detail to ensure
that company's solution would work.
• AVI and SPL did provide enough information to judge their bids.
• AVI submitted a bid of$159,560.43 for the work and a three year warranty.
• SPL's bid, with the three year warranty was$173,348.54.
Background Information
• The City of Eden Prairie hired Michaud Cooley Erickson of Minneapolis to serve as
its consultant in preparing the bid. Michaud Cooley Erickson brought Network
Dynamics Ltd. of Minneapolis into the project for additional assistance.
• These firms created the RFP and the "scoring"form that were used to evaluate the
bids.
• The,total dollar amount to be approved is greater than the bid amount for two
reasons:
■ Two of the products identified in the RFP have newer,more feature rich
versions which will add approximately$5,000.
■ The City is re-using a great deal of equipment and wiring to get the most
value for its money.However,because the equipment is not new,there is
the potential for it not to work properly and the City may need to re-wire,
or upgrade portions of its equipment.Approving the$175,000 requested,
would provide a six percent cushion.
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar March 21,2006
DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 06-5668 ITEM NO.: VI. E.
Mary Krause Award Contract for 2006 Street Sweeping to
Public Works/Engineering Reliakor Services, Inc.
Requested Action
Move to: Award contract for 2006 Street Sweeping to Reliakor Services, Inc. in the amount of
$32,780.50.
Synopsis
Sealed bids were received Thursday,March 2, 2006 for the 2006 Street Sweeping. Four bids
were received as follows:
Reliakor Services, Inc. $32,780.50
ASTECH Corporation $37,750.00
Pearson Brothers $38,010.00
Allied Blacktop $47,170.00
Background Information
The schedule for street sweeping in the project specifications indicates a start date of April 11,
2006. This early cleaning of the streets prevents sand and debris that has accumulated from the
winter snow removal operations from entering into the City's wetlands,creeks and lakes.
Sweeping of the streets takes approximately 8-10 working days. Funding for the sweeping
comes from the Storm Water Utility.
Staff recommends award to Reliakor Services, Inc.
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar March 21,2006
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII.F.
Jim Richardson/Engineering Approve Roadside Landscaping
Partnership with Terrey Pine
Homeowners Association
Requested Action
Move to: Adopt resolution approving City of Eden Prairie participation in Community Roadside
Landscaping Partnership.
Synopsis
The planting of roadside landscaping materials will be handled by the City of Eden Prairie and
Terrey Pine Homeowners Association volunteers. Terrey Pine Homeowners Association will
purchase the planting materials from a wholesale nursery at their own expense.
Background Information
This will be a continuation of an existing landscaping and planting that was installed with the
updating of Trunk Highway 5 in the early 1990's. The site is located between Trunk Highway 5
and Terrey Pine Drive.
Attachments
Resolution
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,NIINNESOTA
RESOLUTION NO.2006-
APPROVAL OF CITY PARTICIPATION IN COMMUNITY ROADSIDE
LANDSCAPING PARTNERSHIP PROGRAM
WHEREAS, a portion of Trunk Highway 5 right-of-way in Eden Prairie has been
identified as a candidate for landscape improvements.
NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council that the
City of Eden Prairie act as sponsoring unit for the landscape improvement project identified as
Trunk Highway 5 Right-of-Way adjacent to Terrey Pine Drive to be conducted during the period
of April 1,2006 through June 1,2006.
BE IT FURTHER RESOLVED that Stuart Fox, Manager of Parks and Natural
Resources, is authorized to be the contact person on behalf of the City of Eden Prairie.
ADOPTED by the Eden Prairie City Council on March 21,2006.
Nancy Tyra-Lukens,Mayor
ATTEST: SEAL
Kathleen Porta, City Clerk
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar March 21, 2006
DEPARTMENUDIVISION: ITEM DESCRIPTION: I.C. 05-5638 ITEM NO.:VI. G.
Randy Newton Approve Change Order No. 1 for the TH
Public Works/Engineering 212/Charlson Road Improvement
Project.
Requested Action
Move to: Approve Change Order No. 1 for the TH 212/Charlson Road Improvement Project.
Synopsis
This change order is a result of various field revisions that were required throughout the
construction process. The clean-up associated with the large rain events that occurred last fall is
one of the significant additional items.
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.
Change Order No. 1 results in a$104,399.05 increase to the total contract amount. Along with
the$50,000 early completion incentive the total contract amount is increased to $2,187,398.95.
The TH 212/Charlson Road Intersection Improvement Project included constructing the TH
212/Charlson Road intersection with turn lanes, installing a new traffic signal,constructing a
second westbound through lane on TH 212 and constructing a pedestrian underpass.
Financial Implications
The TH 212/Charlson Road Intersection Improvement Project is financed by special
assessment. The costs associated with Change Order No. 1 are within the total budget
established for the levied assessments.
Attachments
• Change Order No. 1
ICoxunxwcGaan,L+c
February 22, 2006
Page 1 of 2
CHANGE ORDER NO. 1
PROJECT: TH212 AND CHARLSON ROAD
EDEN PRAIRIE, MINNESOTA
SAP 181-010-016
CITY PROJECT NO. 05-5638
TO: S.M. HENTGES AND SONS
You are hereby directed to make the changes noted below in the contract.
Measured
ADD the following costs to the contract: Unit Unit Price Ouantity Amount
1. Patch Rumble Strips-Stage 1 Lump Sum $1,060.44 1 $1,060.44
2. Subgrade Excavation-East End Lump Sum $4,584.00 1 $4,584.00
3. Type D Stand Pipes Lump Sum $2,235.00 1 $2,235.00
4. Revise Storm Sewer Lump Sum $3,063.06 1 $3,063.06
5. Subgrade Excavation-West End Lump Sum $14,479.50 1 $14,479.50
6. Relocate Median Barrier Lump Sum $6,479.00 1 $6,479.00
7. Fill 6 foot x 6 foot Box Culvert Lump Sum $2,363.82 1 $2,363.82
8. Regrading North Ditch and Additional Erosion Protection Lump Sum $16,359.00 1 $16,359.00
9. Pave Box Culvert Lump Sum $1,343.94 1 $1,343.94
10. Remove VCP Storm Sewer Pipe Lump Sum $90.91 1 $90.91
11. Remove Existing Bituminous Shoulder&Correct Subgrade Lump Sum $1,270.26 1 $1,270.26
12. Remove and Haul Phone Vault Lump Sum $1,410.23 1 $1,410.23
13. Re-Step Storm Structures V1 and B2 Lump Sum $1,965.24 1 $1,965.24
14. Furnish and Install Hydrant Extension Lump Sum $645.09 1 $645.09
15. Furnish and Install Tube Sand Bags Lump Sum $1,748.00 1 $1,748.00
16.- Connect to Existing Storm Manhole Lump Sum $1,434.39 1 $1,434.39
17. Patch Rumble Strips-Stage 2 Lump Sum $889.40 1 $889.40
18. Storm Damage Repairs Lump Sum $24,938.00 1 $24,938.00
19. Cut in Rumble Strips Lump Sum $1,653.75 1 $1,653.75
20. Lower 72" CMP Culvert Lump Sum $9,256.96 1 $9,256.96
21. Bituminous Curb Installation Lump Sum $2,985.57 1 $2,985.57
22. Mill and Sweep Charlson Road Lump Sum $937.13 1 $937.13
_._-- 23. --T)W D Sign Panels____ __.-______.___.---Lump-Sum---.._-$2,244.Q0--1-___$2,244 DO---
24. Fuel Escalation Clause Lump Sum $962.36 1 $962.36
TOTAL ADDITIONS $104,399.05
TH 2121 Charlson Road
Change Order No. 1—February 22,2006 Page 2 of 2
ORIGINAL CONTRACT AMOUNT
$2,032,999.90
OTHER CHANGES(COMPLETION INCENTIVE) $ 50,000.00
TOTAL ADDITIONS $ 104,399.05
TOTAL DELETIONS _$ 0.00
TOTAL CONTRACT VALUE INCLUDING THIS CHANGE ORDER $2,187,398.95
THE ABOVE CHANGES ARE APPROVED:
SRF CONSULTING GROUP, INC. CITY OF EDEN PRAIRIE
By By
Project Engineer City Manager
Date 2' 2 Z-O(o Date
THE ABOVE CHANGES ARE ACCEPTED:
S.M. HENTGES AND SONS CITY OF EDEN PRAIRIE
By ZBy
/ Mayor
Date 7-o Date
�, A�4-,-.Z 4 A� &A4
" 7"06
February 22, 2006
CHANGE ORDER NO. 1
PROJECT: TH 212 AND CHARLSON ROAD
EDEN PRAIRIE, MINNESOTA
SAP 181-010-016
CITY PROJECT NO. 05-5638
I
ITEM DESCRIPTION OF CHANGES
1. Patch Rumble Strips - Stage 1: Existing rumble strips at the west end of the project were filled with
bituminous for Stage 1 construction traffic shift. Payment for this item was determined on a force
account basis.
2. Subgrade Excavation—East End: Marginal subgrade soils were encountered at the east end of the project
during Stage 1. An additional 6 inches of Select Granular Material and placement of Geotextile Fabric
were required to convect this problem. Along with this work, two sanitary sewer manholes were
reconstructed to offset from the curb line. Payment for this item was determined on negotiated
unit prices.
3. Type D Standpipes: Type D standpipe protection was required on a 2 1" RCP inlet apron located in the
pond area northeast of the intersection of TH 212 and Charlson Road. The Contractor had three Type D
standpipes manufactured, which are to be delivered to the City of Eden Prairie's maintenance facility.
Payment of$2,235 shall be paid if delivered to City of Eden Prairie's maintenance facility; otherwise,
payment is reduced to $1,085 for the furnishing and installing of the 21 inch standpipe. Payment for this
item was determined on negotiated unit prices
4. Revise Storm Sewer: An existing storm sewer connection from the airport was not shown in the plans
and not found until during construction. Due to the excavation of the ditches and the widening of
TH.212, a new connection was required. The storm sewer Structure 109 had to be re-fabricated to
accommodate the larger pipe size design. Payment for this item was determined on negotiated unit prices.
5. Subarade Excavation - West End: Marginal subgrade soils were encountered at the west end of the
project p � during Stage 1. An additional 2 feet of Select Granular Material was required to correct this
problem. Payment for this item was determined on negotiated unit prices.
6. Relocate Median Barrier: The Contract does not include a pay item to relocate the Concrete Median
Barrier Design 8337 from Stage 1 to the new location for Stage 2 Traffic Control. Payment for this item
was determined on negotiated unit prices.
7. Fill 6 foot x 6 foot Box Culvert: An existing 6 foot x 6 foot box culvert at Station 46+25 required filling
with silica sand. Payment for this item was determined on negotiated unit prices.
8. Regrading North Ditch and Additional Erosion Protection: The ditch along WB TH 212 from
Station 16+25 to Station 24+00 needed regrading, an additional catchbasin, and additional erosion
protection due to erosion caused by the sandy soils during large rain events. An additional storm structure
was added at the end of the north curb line of the west bound lanes of TH 212. Erosion Stabilization
Material Mn/DOT Specification 3888 was installed from Apron 150 approximately 100' west.
Additional rip-rap was installed at Apron 150. Payment for this item was determined on negotiated
unit prices.
9. Pave Box Culvert: The City of Eden Prairie requested that the 12 x 10 box culvert trail get paved under
this contract. Payment for this item was determined on negotiated unit prices.
10. Remove VCP Storm Sewer Pine: A clay pipe that was not shown on the plan and not found until during
construction was removed at approximately Station 54+95. Payment for this item was determined on
negotiated unit prices.
TH 212/Charlson Road
Change Order No. 1 —February 22,2006
11. Remove Existing Bituminous Shoulder and Correct Subgrade: The bituminous shoulder from
Station 48+93 to Station 50+00 was removed and replaced due to traffic impacts. A full roadway section
was constructed. Payment for this item was determined on negotiated unit prices.
12. Remove and Haul Phone Vault: A phone vault was found at Station 22+65. It was removed and hauled
off the job site. Payment for this item was determined on negotiated unit prices.
f13. Re-step Storm Structures VI and 132: Steps in storm manholes were relocated due to the revised
placement of the structures outside of the curb line. Payment for this item was determined on negotiated
unit prices.
i
14. Furnish and Install Hydrant Extension: A hydrant extension was furnished and installed on the hydrant
located at Station 53+55.06(WM). Payment for this item was determined on negotiated unit prices.
15. Furnish and Install Tube Sandbags: Tube sand bags were furnished and installed at the catch basins
located in the curb line to direct storm water into them. Payment for this item was determined on
negotiated unit prices.
16. Connect to Existing Storm Manhole: A connection was made at the storm sewer structure located at
Station 54+95. This was done due to a change in the plans. Payment for this item was determined on
negotiated unit prices.
17. Patch Rumble Strips- Stage 2: Existing rumble strips at the west end of the project required filling with
bituminous for Stage 2 construction traffic switch. Payment for this item was determined on negotiated
unit prices.
18. Storm Damage Repairs: Large rain events occurred on September 4, 2005 and October 4, 2005.
These storm events required project clean-up and reconstruction of some project elements.
The Contractor will accept a lump sum payment of$24,938 for the extra work incurred as a result of these
storm events.
19. Cut in Rumble Strips: Restore the rumble strips that were filled in for the traffic switch to their existing
condition at the beginning of the project. Payment for this item was determined on a force account basis.
20. Lower 72 inch CMP Culvert: The elevation of the flowline of the existing 72-inch CUT apron located at
Station 16+25 was at a higher elevation than the adjacent TH 212. This appeared to be an existing
condition. As directed by Mn/DOT, the pipe was lowered and the ditch regraded so the ditch would
discharge to the existing pipe rather than the TH 212 shoulder. Payment for this item was determined on
negotiated unit prices.
21. Bituminous Curb Installation: Replaced degraded bituminous curb at the west and east ends of the project
— on the south side of TH 212. Payment for thjs iterlr_was determined_on.negotiated-unit-prices. --------
i
22. Mill and Sweep Charlson Road: The bituminous wear course at the end of the Charlson Road
construction had an abrupt drop-off which required milling so as to make it safe for winter maintenance.
Sweeping of the millings was also required. Payment for this item was determined on negotiated
unit prices.
23. Type D Sign Panels: Upon further review by Mn/DOT after the signs had been placed, it was determined
that some of the Type D signs should be larger. Payment for this item was determined on negotiated
unit prices.
24. Fuel Escalation Clause: The Contractor will accept a $962.36 lump sum payment for additional
compensation for the rise in fuel prices during the project. This negotiated compensation was determined
through the use of a Mn/DOT fuel escalation formula.
CITY COUNCIL AGENDA DATE:
SECTION: Consent Agenda March 21, 2006
DEPARTMENT/DIVISION: ITEM DESCRIPTION: IC#02-5574 ITEM NO.: VI.H.
Leslie Stovring Environmental Learning Center Exhibit
Public Works/Environmental Upgrade
Requested Action
Move to: Approve the Environmental Learning Center Exhibit and Multimedia Kiosk
Development proposal from Hamline University's Center for Global Environmental
Education for$27,850.
Synopsis
Classes began visiting the Environmental Learning Center(ELC) in October 1998. Since that time
many of the exhibits are starting to show wear and tear from the flow of students through the exhibit
area. The proposal provided by Hamline University's Center for Global Environmental Education
(CGEE)is to update one exhibit to provide new information on groundwater and how our daily use
impacts groundwater and add one multimedia kiosk to provide new information on stormwater
impacts. Funds allocated for education measures within the Wellhead Protection Plan(WHPP)and
the Phase II Stormwater Permit Program(SWPP)will be used to fund the exhibits.
Background Information
The ELC has been in operation since October 1998. Since that time,one frequent comment has
been that there is little information that is related to the water treatment plant, such as groundwater
treatment and protection. In addition,the exhibits are starting to experience significant wear and
tear, some of which is beyond the capability of staff to repair. The intent is to replace or repair one
or two exhibit areas per year starting in 2006. This is the first proposal to address this situation.
CGEE is currently working with various state and local agencies to develop multi-media education
pieces on stormwater runoff,water conservation and groundwater protection. The proposal will
incorporate these elements in the ELC to provide new information for students who visit the ELC.
The City will provide the computer systems needed to run the kiosks. All other materials will be
provided by CGEE. The programs include:
Multi-media Kiosk for the Wetland Exhibit Area
Two educational programs will be incorporated into the kiosk which is built in to this exhibit. The
following two programs will be adapted for operation in a kiosk environment through creation of a
repeating introduction with visual and audio elements that invite users to explore the kiosk.
• Journey of a Raindrop, a program developed by CGEE that introduces problems and
solutions related to nonpoint source pollution from typical city residents.
• Using Water Wisely, a program that focuses on water conservation strategies around the
home. The content will be adapted from the Big Foot cd-rom that was previously developed
by CGEE for the City of Eden Prairie. ELC staff will be able to have either one or both of
the programs playing at any one time.
Saving Water Outdoors Exhibit Replacement
The exhibit will be replaced with information related to wellhead protection and groundwater usage.
This space is currently underutilized.
• A kiosk that will include multimedia content that discusses the interaction of surface water
and groundwater within the water cycle will be incorporated into the exhibit. The impacts
of stormwater and nonpoint pollution to groundwater will be discussed.
• A new wall display will be created to replace the Saving Water Outdoors exhibit. Full-color
illustrations will be developed to complement and reinforce key messages in the kiosk
module.
Both kiosks will have a sound dome to help keep audio levels within check by restricting sounds
from each kiosk to a small area directly in front of it. The current exhibits have television sets that
can be very loud and distracting when videotapes are being shown.
Attachments
Attachment 1 —Proposal
Attachment 2—Photograph of Exhibit Area to be replaced.
� n er
W
o al
viropmental
ucation
Harnline University,
City of Eden Prairie Environmental Learning Center
Exhibit & Multimedia Kiosk Development Proposal
February 10, 2006
Introduction
Hamline University's Center for Global Environmental Education(CGEE)proposes to
provide educational multimedia software and develop a new wall exhibit display for the
City's Environmental Learning Center. These educational resources will focus on issues
and solutions related to stormwater runoff and non-point-source pollution reduction, and
will assist the City compliance with the requirements of its Phase II stormwater permit.
The elements of this proposal include both original products made to order for the City
by CGEE, items that have been developed previously by CGEE in collaboration with the
City, and proprietary materials that have been developed by CGEE that will be licensed
for use by the City.
Deliverables
1. CGEE will adapt to kiosk format and install two educational multimedia programs.
One of these, The Journey of a Raindrop, a proprietary program developed by CGEE,
introduces problems and solutions related to non-point-source (NPS)pollution from
typical city residences. The second, Using Water Wisely, concerns water
conservation strategies around the home, and would be adapted from the Big Foot CD
ROM.The modules will be modified by removing an"Exit"button, creating a looped
introduction to attract users to the kiosk and by the addition of an administrative
function that will enable ELC staff to have either one or both of the programs playing
at any given time.
2. CGEE will adapt previously developed multimedia content that introduces the
interactions of surface waters and groundwater within the water cycle.The content of
this module will be enhanced to also include impacts of stormwater and NPS
pollution.The module will also be adapted to kiosk format as described above.
3. CGEE will provide and install two"sound dome"devices for the two kiosks that will
play the programs described above. These devices will keep audio levels within check
b restricting sounds from each kiosk to a small area directly in front of it.
Y g Y
4. CGEE will create an original wall display to replace an existing one titled"Saving
Water Outdoors."The new display will feature full-color illustrations that will
complement and reinforce key messages of the water cycle/surface water—
groundwater multimedia module.
Budget:
LINE ITEM UNIT NO. TOTAL
COST UNITS
1.Adaptation of the Journey of a Raindrop and Using $75 20 $1,500
Water Wisely multimedia modules to Kiosk format
plus installation hrs.
2.Adaptation and enhancement of Surface $75 150 $11,250
water/Groundwater module to kiosk format plus
installation s.
3. Sound dome purchase and installation $800 2 $1,600
4. Creation and installation of wall display hrs. $75 160 $12,000
Material costs 500
5.License fee for Journey of a Raindrop module $1,000
SUBTOTAL $27,;
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Photograph 1 — Saving Water Outdoors Exhibit Space
CITY COUNCIL AGENDA DATE:March 21, 2006
SECTION: Consent Calendar
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VI. I.
Michael Sheggeby, Office of Ice Resurfacer Replacement
the City Manager, Facilities
Requested Action
Move to: Award the bid for the Ice Resurfacer for the Community Center to Frank J.
Zamboni&Co.,Inc in the amount of$64,056.40.
Synopsis
The City advertised in the designated newspaper requesting sealed bids for an Ice Resurfacer for
the Community Center.Bids were received from two companies.A summary of the bids are as
follows:
• Becker Arena Products(Olympia) $72,000.00 *
• Frank J.Zamboni &Co., Inc. (Zamboni) $64,056.40 *
* Not Including Sales Tax
Staff recommends awarding the contract to Frank J.Zamboni& Co., Inc.The estimated cost for
replacement was $80,000. This amount is budgeted in the 2006 Capital Improvement Program.
Background Information
The useful life of an ice resurfacer is 10-15 years but with configuration of the resurfacer room at
the Community Center has greatly increased the wear on both machines. The replacement of the
1992 Olympia was included in the 2006 CIP. The frame on this has cracked several times which
makes for safety issues.The newer machines also have improvements to emission controls which
is important for maintaining the air quality of the Community Center ice rinks.
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar March 21,2006
DEPARTMENUDIVISION: ITEM DESCRIPTION: ITEM NO.: VI. J.
Michael Sheggeby, Office of 2006 Ice System Repairs and
the City Manager, Facilities Improvements.
Requested Action
Move to: Award base bid 1 and 3 for the 2006 Ice System Repairs and Improvements to
Gartner Refrigeration&Mfg., Inc. in the amount of$326,151.
Synopsis
Staff recommends awarding base bid 1 and 3 to Gartner Refrigeration&Mfg., Inc. in the amount
of$326,151.The budgeted amount in the 2006 CIP for this project is $250,000. Staff will work
with our engineer and contractor to make the necessary deductions to come in at budget.Any
changes to the amount in the official bid would be processed though a change order after the
project is awarded. The General Conditions to the Contract, Section A-14, allow the City to add
or delete work from the contract. Staff believes that deletion of the heat exchanger will result in
the total cost of the project coming within the budgeted amount.The bids received by the City
were as follows:
Base 1 Base 2 Base 3 Total Base
• Gartner Refrigeration $70,470 $11,475 $255,681 $337,626
• Commercial Refrigeration $71,890 $9,750 $261,480 $343,120
Background Information
In 2004 the City replaced the main rink piping at the Community Center but at that time made no
repairs and improvements to the 20-year-old ice refrigeration system.After completing the
replacement of the rink floor the City consulted Stevens Engineers to evaluate the condition of
the existing system and recommend repairs and improvements. The repairs and improvements
that were recommended are ones that are safety concerns due the age of the system and repairs
and improvements that will improve the efficiency of the system.
Bids were received from two companies and the total base bid was much higher than the
engineer's estimate. Steven's contacted the contractors and determined the main reason for the
increases was an increase in the cost of materials and labor costs.
Because many of these repairs require the total shut down of both rinks,we directed our engineer
to talk with the contractor to look for deductions that could be completed at a later date and with
out having to shut down the rinks.
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar March 21, 2006
DEPARTMENUDIVISION: ITEM DESCRIPTION: ITEM NO.: VI.K.
Stuart A.Fox,Manager of Tamarack Trail Sidewalk Reconstruction
Parks and Natural Resources
Project
Requested Action
Move to: Award the contract for the replacement of the trail along Tamarack Trail with a five
foot concrete sidewalk to Curb Masters Inc. in the amount of$37,594.50.
Synopsis
This project is a replacement project to remove an existing six foot wide bituminous trail that was
installed over twenty years ago. The current trail is severely degraded and uneven and the width of
the six foot bituminous trail makes it impossible to renovate or overlay. Staff recommends
replacement of this trail with a five foot wide concrete sidewalk that would be more in character
with a residential neighborhood. Bids were solicited and two were received for the renovation
project.
The bids were as follows:
Curb Masters Inc. $37,594.50
Kamida Inc. $54,819.00
Staff estimated the replacement of this trail with a sidewalk at$40,000.
The funds for replacement of this trail come out of the Public Works Department and are earmarked
as Capital Projects Funds for Trail Improvements. This fund source is an annual capital fund for the
repair and replacement of sidewalks and trails along public streets throughout the City.
Background
The Park and Open Space Plan guides the placement of trails and sidewalks throughout the
community for connection to neighborhood parks and other amenities that people use for pedestrian
and bicycle travel. Within residential neighborhoods the recommendations are to keep the trails and
sidewalks in character with the links within residential areas. Tamarack Trails is a residential street
that terminates at Scenic Heights on the north and Mitchell Road on the south.An eight foot wide
trail would be out of character, and therefore the staff is recommending replacement of the trail with
a five foot sidewalk.The current six foot wide bituminous trail is not able to be overlayed or
sealcoated using current equipment or techniques. Installing a five foot concrete sidewalk is better
than expanding to an eight foot wide bituminous trail which would be out of character with this
particular segment which is only a little over 1,000 feet long.
Tamarack Trail Sidewalk Reconstruction Project
March 21, 2006
Page 2
Recommendation
Staff recommends awarding the contract to Curb Masters Inc. in the amount of$37,594.50.The
work would be completed on this project in the early summer months.
Attachment
Map of Tamarack Trail area
Tamarack Trail Sidewalk Project - Location Map
I � '
r
City Center
existing 8 foot trail I 1
y
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a
I
�. � sidewalk location
North T
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar March 21,2006
DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C.06-5663 ITEM NO.: VI. L.
Eugene A. Dietz Award contract for Wash Water Tank
Public Works Repairs
Requested Action
Move to: Award contract for structural repairs and modifications (Contract No. 1)to the Wash
Water Tank to General Construction Services, Inc.
Synopsis
Bids were received for two contracts to perform the structural and painting repairs necessary to
put our Wash Water Supply Tank back into service. The proposals were set up to allow specialty
contractors to bid only the elements of their expertise. We had four plan holders for the projects,
but we received only one bid for each of the projects from General Services, Inc. The painting
contractor chose to sub-contract his effort to General Construction Services--hence the single bid
for each project. The bid of$18,000 for interior painting--Contract No. 2--came in higher than
expected. Staff and the consultant believe this element can be eliminated at the present time and
be deferred for 6 to 24 months.
Staff recommends award of Contract No. 1 --structural repairs--to General Construction
Services,Inc., in the amount of$39,700.
Background Information
As previously communicated to City Council,the Wash Water supply tank was damaged in the
mid-70s. In December,the tank began to leak and we have been in the process of trying to make
repairs. To date,we have had the tank inspected and a plan developed for repair;the exterior
foam treatment that encapsulated the tank has been removed;and now we are in the process of
awarding a contract to make the structural repairs from the original damage of 30 years ago.
This work will allow the tank to be put back into service by April,which is the beginning of our
busy season. The tank is absolutely essential in order to meet our summer demands. A final
contract will be developed to sandblast and coat the interior and exterior of the tank either this
fall or in 2007. Funding for these projects is all from the Utility Enterprise capital fund.
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar March 21, 2006
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VI.M.
Public Works Approve 2006 Auction of Surplus
Cliff Cracauer Vehicles and Equipment.
Requested Action
Move to: Approve the sale of Surplus Equipment at public auction held by Hennepin County
Cooperative Purchasing(or their agent Minneapolis Auto Auction).
Synopsis
The Equipment replacement Fund was developed by Fleet Services to provide a 15-year
projection of equipment needs and replacement schedule.Annual requests for sale of Surplus
Property are developed from this schedule.
Attachments
• 2006 Surplus Equipment List
To: Gene Dietz
From: Cliff Cracauer
Date: 03/06/06
Subject: Auction of Excess Property
As per our previous conversation,I am requesting authority to dispose of excess equipment on
the attached list.All excess property listed to be sold at Public auction held at and run by
Minneapolis Auto Auction. The City will pay a set fee of$150/vehicle.
Mfg. License Unit Serial Number eke Vehicle Spec-Vehicle Model
Unit Year Plate
160(Trucks)current 1992 161-200 IFDYK82A7NVA20351 Ford L8000
161(Trucks)current 1992 161-230 1FDYK82A6NVA35584 Ford L8000
166(Trucks)current 1996 172-296 IFDZU90X4TVA27508 Ford L9000
210(Police car)current 1998 NRR-314 2FAFP71W1WX145128 Ford Crown Victoria
240(Police car)current 2003 POLICE 2FAHP71 W63X187203 Ford Crown Victoria
241(Police car)current 2003 POLICE 2FAHP71 W83XI87204 Ford Crown Victoria
242(Police car)current 2003 POLICE 2FA14P71 WX3XI87205 Ford Crown Victoria
243(Police car)current 2003 POLICE 2FAHP71W13XI87206 Ford Crown Victoria
244(Police car)current 2003 POLICE 2FAHP71W33X187207 Ford Crown Victoria
245(Police car)current 2003 POLICE 2FAHP71 W53X187208 Ford Crown Victoria
262(Pick-up 1/2 ton)current 2001 POLICE IB7HG2AN31S282452 Dodge Dakota Quad Cab
302(Trailers)current 1982 192-879 IHJ001914C0008300 Lund
362(Pick-up 3/4 ton)current 1988 FIRE 1FTBF26GOJPB10752 Ford F250
382(Trucks)current 1988 FIRE IFDYS90LHJVA44062 Ford LS-9000
383(Trucks)current 1988 FIRE 1FDYS90L2JVA44061 Ford LS-9000
421(Van)current 1998 178-823 1FBNE31LOWHBO5668 Ford Economize
458(Medium truck)current 1996 174-003 IGBKC34F5TJ109458 Chevrolet Chassis
465(Pick-up 3/4 ton)current 1998 178-808 1GCK224RXWZ215872 Chevrolet CK2500
466(Pick-up 3/4 ton)current 1998 178-809 1GCGK24R2WZ213484 Chevrolet 2500
473(Mower riding)current 1998 None 30795 Toro 325D
508(Pick-up 1/2 ton)current 1998 178-822 1GCEC14W2WZ221525 Chevrolet C1500
530(Pick-up 1/2 ton)current 1998 178-821 IGCEC14W5WZ221390 Chevrolet C1500
714(Medium truck)current 1992 163-916 2FDLF47G7NCA63467 Ford F450
725(Loaner)current 1998 177=992 IFAFP52U5WG137864 Ford Taurus
741(Pick-up 1 ton)current 1998 179475 IGCHK34J5WZ239176 Chevrolet
750(Skid steer)current 1994 Non 512811173 Melroe Bobcat 853H
910(Automobiles)current 1997 920-135 1FALP52U9VG161246 Ford Taurus
925(Loaner)current 1999 915-275 2B3HD46R6XH713240 Dodge Intrepid
970(Equipment)current 1998 915-297 1FDWE30F2WHA2097 Ford E350
971(Equipment)current 1998 915-296 1FDWE3OF4WHA16001 Ford E350
K:\Maintenance Facioity\Cliff\Auction Excess Property--2006
CITY COUNCIL AGENDA DATE:
March 21,2006
SECTION: Consent Calendar
SERVICE AREA: ITEM DESCRIPTION: ITEM NO.: VI.N.
Cliff Cracauer/ 2006 Equipment Replacement Fund Schedule
Public Works
Requested Action
Move to: Approve purchase of replacement vehicles and equipment as listed in the 2006 Budget General
Fund Expenditures and Debt Service as attached.
Synopsis
The Equipment Replacement Fund was developed by Feet Services to provide a 15-year projection of
equipment needs and replacement schedule.Annual budget requests are created from the Equipment
Replacement Fund and submitted for approval. The attached list represents both the purchases planned
from the Fleet Services Revolving Fund and the Capital Improvements purchases for 2006. The Revolving
Fund expenditures are proposed at a net$567,236 in the attachment,whereas the approved budget is
$628,000.
Attachment
• List of replacement vehicles and equipment for the year 2006
TO: Gene Dietz
FROM: Cliff Cracauer
DATE: March 15, 2006
SUBJECT: 2006 Replacement Vehicle Purchases
Here is the list of replacement vehicles and equipment for the year 2006:
Public Works
Streets
155 Tandem Axle Dump $165,000.00
Subtotal $165,000.00
Police Department
Police
201 Crown Victoria $ 23,600.00
202 Crown Victoria $ 23,600.00
203 Crown Victoria $ 23,600.00
204 Dodge Charger $ 22,800.00
205 Crown Victoria $ 25,000.00
206 Crown Victoria $ 23,600.00
275 Ford F150 4x4 $ 25,000.00
267 Chevrolet Suburban $ 32,000.00
276 Chevrolet Impala $ 19,675.00
282 Chevrolet Impala $ 19,675.00
Sub Total $238,550.00
fire Department
CIP Light Rescue Excursion $ 35,000.00
CIP Life Safety Truck $ 50,000.00
366 Ford F350 $ 21,650.00
210 Colorado $ 18,000.00
Subtotal $ 85,000.00 $ 39,650.00
Park and
Recreation
Park Maintenance
424 Ford E250 $ 49,727.00
425 Chevrolet 3500 84"ca $ 45,000.00
427 Ford F250 $ 26,000.00
428 Ford F250 $ 26,000.00
429 Toro 325D $ 25,000.00
408 Ford F150 $ 13,000.00
409 Ford F150 $ 13,000.00
410 Ford F150 $ 13,000.00
471 Great Dane $ 9,500.00
Subtotal $ 39,000.00 $190,227.00
2006 Replacement Vehicle Purchases-3-15-06
M3;s.
Inspections
503 Ford F150 $ 18,000.00
504 Ford F150 $ 18,000.00
Subtotal $ 36,000.00
Water/Water
Utilities
712 Ford F450 $ 52,000.00
713 Chevrolet 3500 $ 33,000.00
715 853H Bobcat $ 34,000.00
Subtotal $119,000.00
Setup Equipment $ 25,000.00
Total $119,000.00 $ 124,000.00 $694,427.00
Salvage Value -$ 26,610.00 NSA -$127,191.00
Cost after Salvage $ 92,390.00 $ 124,000.00 $567,236.00
Budget for $628,000.00
Revolving Fund
Fund Balance 2006 $ 60,764.00
2006 Replacement Vehicle Purchases-3-15-06
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar Larch 21,2006
DEPARTMENTIDIVISIQN. ITEM DESCRIPTION: ITEM NO.,
Stuart A. Fox, Manager of Award laid for Sterling Field Park
Parks and Natural Resources Play Structure v i , (�
Requested Action
Move to: Award contract for$20,000 of equipment at Merlin Field Park.to
playground
Webber Recreation Design Inc.
Synapsis
A neighborhood playground discussion meeting was conducted on March 7,2006. Twenty five
neighbors of Sterling Field Park attended that meeting. After reviewing the proposals by the seven
manufacture representatives the majority vote was to recommend the playground structure from
Webber Recreation Design Inc. for the Sterling Field Park..
Staff concurs with the feedback and recommends the same vendor.
Attachment
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CITY COUNCIL AGENDA DATE.
SECTION: Consent Calendar March 21, 2006
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Stuart A. Fox, Manager of Award Did for Topview Park V/'
P and Natural Resources Play Structure I
Requested Action
Move to: Award contract for$20,00 3 of playground equipment at Topview Park to St. Croix
Recreation.
Synopsis
A neighborhood playground discussion meeting was conducted on March 14, 2006. Thirty neighbors
of Topview Park attended that meeting.After reviewing the proposals by the seven manufacture
representatives the majority vote was to recommend the playground structure from St. Croix
Recreation for the Topview Park..
Staf, concurs with the feedback and recommends the saute vendor.
Attachment
Topview flay Area Design.
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PH: 541-955-9199
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CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar March 21,2006
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Stuart A. Fox, Manager of Award Bid for Edgewood Parr. \ �
Pare and Natural Resources Play Structure V .
Requested Action
Move to: Award contract for$20,000 of playground equipment at Edgewood Park to
Clearwater Recreation,LLC,
Synopsis
A neighborhood playground discussion meeting was conducted on March 7,2006. Fifteen neighbors
of Edgewood Park attended that meeting.After reviewing the proposals by the seven manufacture
representatives the majority vote was to recommend the playground structure from Clearwater
Recreation,LLLC. for Edgewood Park.
Staff concurs with the feedback and recommends the same vender.
Attachment
Edgewood Play Area Design
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CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar March 21,2006
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM O.:
Stuart A. Fox, Manager of Award Bid for Edenvale Park
Parks and Natural Resources Play Structure
Requested Action
Move to: Award contract for$40,000 of playground equipment at Edenvale Park to Midwest
PlayseapesInc.
Synopsis
A neighborhood playground discussion meeting was conducted on March 7,2006. Fifteen neighbors
of Edenvale Park attended that meeting. After reviewing the proposals by the seven manufacture
representatives the majority vote was to recommend the playground structure from Midwest
Playscapes Inc. for the Edenvale Park.
Staff concurs with the feedback and recommends the same vendor.
Attachment
Edenvale Play Area Design
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CITY COUNCIL AGENDA DATE:
SECTION: Consent Agenda March 21, 2006
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Community Development Transfer of Grant Funds Agreement, from C
Janet Jeremiah, Director Hennepin County CDBG Letter of Credit to the l J
Molly Koivumaki, Housing and City of Eden Prairie CDBG Letter of Credit.
Human Services Manager
Requested Action
Execute the Transfer of Grant Funds Agreement
Synopsis
The City has been designated by HUD as a Metropolitan City for purposes of the CDBG
program and therefore eligible for a direct program grant. The Transfer of Grant Funds
Agreement provides for the transfer of projects and unobligated grant funds from Hennepin
County to the City of Eden Prairie.
AGREEMENT
A. $924,408.34 shall be transferred from the COUNTY Urban Hennepin County CDBG Letter
of Credit to the CITY CDBG Letter of Credit.
B. The activities to be carried out by CITY with the funds so transferred shall be determined by
CITY.
C. COUNTY shall maintain responsibility for all expenditures and unliquidated obligations
associated with the activities before the time of transfer, including responsibility for all audit and
monitoring findings associated with those expenditures and obligations.
D. CITY shall assume responsibility for all other audit and monitoring findings.
E. Program income generated from previously funded activities and activities funded from the
amount transferred as specified in A. above shall be retained by CITY.
F. The effective date of the terms and conditions of this Agreement is April 18, 2006.
Attachment
Transfer of Grant Funds Agreement
Contract No. A060104
TRANSFER OF GRANT FUNDS AGREEMENT
THIS AGREEMENT, made and entered into by and between the COUNTY OF
HENNEPIN, hereinafter referred to as "COUNTY," and the City of Eden Prairie, hereinafter
referred to as "CITY," said parties each being local governmental units of the State of
Minnesota.
WITNESSETH
CITY and COUNTY are parties to a Joint Cooperation Agreement, COUNTY
Contract No. A04232, which authorizes CITY and COUNTY to cooperate to undertake, or
assist in undertaking, community renewal and lower income housing activities and authorizes
COUNTY to carry out these and other eligible activities for the benefit of eligible recipients
who reside in the corporate limits of CITY and which were funded from annual grants made
to Urban Hennepin County from the Community Development Block Grant program; and
Projects funded under the Agreement to the benefit of CITY which have not been
fully implemented as of February 28, 2006 are, with the remaining budget:
Project Project Name Activity Activity Name Budget Balance
Number Number
2 Rehabilitation of Private 926 2.0 Rehab Private Property $357,124.80
Property
Affordable 3.0 West Hennepin Affordable
3 Homeownership932 HousingLand Trust 515,110.30
4 Homelessness 936 4.0 PROP Program 13,718.96
6 Family Services/ 940 6.0 GMDCA Daycare 17,163.28
Facilities
6 Family Services/ 941 6.0 Homeline Program 3,800.00
Facilities
6 Family Services/ 945 6.0 PS/FAM/EP/HOPE Program 13,960.00
Facilities
7 Senior Services/ 947 7.0 Senior Community Services- 3,531.00
Facilities HOME program
TOTAL $924,408.34
CITY,by virtue of attaining a population in excess of 50,000,has been designated by
HUD as a Metropolitan City for purposes of the CDBG program and therefore eligible for a
direct program grant, and has elected to become a Metropolitan City and no longer be a
participant in the Urban Hennepin County CDBG program; and
CDBG Regulation, 24 CFR, Part 570.510,provides for the transfer of projects and
unobligated grant funds from an Urban County to a Metropolitan City; and
As determined from the above covenants of process and project status, the total
amount of CITY unobligated grant funds as of February 28, 2006 totals $924,408.34.
AGREEMENT
A. $924,408.34 shall be transferred from the COUNTY Urban Hennepin County CDBG
Letter of Credit to the CITY CDBG Letter of Credit.
B. The activities to be carried out by CITY with the funds so transferred shall be
determined by CITY.
C. COUNTY shall maintain responsibility for all expenditures and unliquidated
obligations associated with the activities before the time of transfer, including
responsibility for all audit and monitoring findings associated with those expenditures
and obligations.
D. CITY shall assume responsibility for all other audit and monitoring findings.
E. Program income generated from previously funded activities and activities funded
from the amount transferred as specified in A. above shall be retained by CITY.
F. The effective date of the terms and conditions of this Agreement is April 18, 2006.
HENNEPIN COUNTY EXECUTION
The Hennepin County Board of Commissioners having duly approved this Agreement
on , and pursuant to such approval and the proper County official
having signed this Agreement, the COUNTY agrees to be bound by the provisions herein set
forth.
COUNTY OF HENNEPIN, STATE OF
MINNESOTA
By:
Chair of its County Board
And:
Assistant/Deputy/County Administrator
Attest:
Deputy/Clerk of the County Board
RECOMMENDED FOR APPROVAL
Assistant County Administrator- Public
Works
APPROVED AS TO FORM:
Date:
Assistant County Attorney
Director, Housing, Community Works and
Transit Department
Date:
Date:
APPROVED AS TO EXECUTION:
Assistant County Attorney
Date:
CITY EXECUTION
CITY, having signed this Agreement agrees to be bound by the provisions of this
Agreement.
CITY OF EDEN PRAIRIE
(Place city seal here)
By:
Its:
And:
Its:
Attest:
Title:
Date:
CITY MUST CHECK ONE:
The City is organized pursuant to:
❑ Plan A ❑ Plan B ❑ Charter
CITY COUNCIL AGENDA
DATE:
SECTION: Payment of Claims March 21, 2006
DEPARTMENT: ITEM DESCRIPTION: ITEM NO.: VH.
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 149625 - 150008
Wire Transfers 2421 -2432
City of Eden Prairie
Council Check Summary
3/21/2006
Division Amount
General 55,782
100 City Manager 1,539
101 Legislative 14,538
102 Legal Counsel 39,308
110 City Clerk 265
III Customer Service 10,080
112 Human Resources 1,293
113 Communication Services 5,089
114 Benefits&Training 7,171
115 Risk Management 322,021
116 Facilities 60,192
117 City Center 41,150
131 Finance 878
133 Planning 306
134 Heritage Preservation 86
135 Information Technology 27,238
136 Wireless Communication 1,479
137 Economic Development 238
150 Park Administration 3,447
151 Park Maintenance 8,414
153 Organized Athletics 4,296
154 Community Center 11,841
156 Youth Programs 558
158 Adult Recreation 1,259
159 Recreation Administration 7,223
160 Therapeutic Recreation 189
161 Oak Point Pool 68
162 Arts 850
163 Outdoor Center 1,022
180 Police 29,428
183 Emergency Preparedness 8,580
184 Fire 44,897
185 Animal Control 7
186 Inspections 1,641
200 Engineering 1,578
201 Street Maintenance 13,611
202 Street Lighting 60,329
203 Fleet Services 12,885
204 Equipment Revolving 17,446
300 Heritage Preservation Grants 400
301 CDBG 1,426
303 Cemetary Operation 8
304 Senior Board 50
316 WAFTA 5,760
418 HRA 2002A Lease Revenue Bonds 1,050
421 2003A Park Bonds Refunding 431
423 2003C Open Space Bonds 431
502 Park Development 1,876
503 Utility Improvement 2,004
509 CIP Fund 49,073
511 Construction Fund 616
516 ADC PROJECT 4,380
517 212/Charlson Intersection 99,179
601 Prairie Village Liquor 64,929
602 Den Road Liquor 125,689
603 Prairie View Liquor 76,855
605 Den Road Building 3,348
701 Water Fund 96,442
702 Sewer Fund 222,640
703 Storm Drainage Fund 39,542
803 Escrow Fund 4,972
806 SAC Agency Fund 13,950
807 Benefits Fund 534,603
Report Totals 2,167,876
City of Eden Prairie
Council Check Register
3/21/2006
Check# Amount Vendor/Explanation Account Description Business Unit
2421 10,975 ICMA RETIREMENT TRUST457 Deferred Compensation General Fund
2422 14,873 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund
2423 85,724 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits
2424 27,214 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits
2425 140,652 WELLS FARGO MINNESOTA N A SS&Medicare Health and Benefits
2426 19,624 DELTA DENTAL PLAN OF MN COBRA Health and Benefits
2427 11,099 ICMA RETIREMENT TRUST457 Deferred Compensation General Fund
2428 15,165 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund
2429 86,557 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits
2431 26,394 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits
2432 134,850 WELLS FARGO MINNESOTA N A SS&Medicare Health and Benefits
149625 500 EDEN PRAIRIE FOUNDATION Miscellaneous City Council
149626 160 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center
149627 538 ADMINISTRATION RESOURCES CORP Other Contracted Services Finance
14%28 7,182 BIO-KEY INTERNATIONAL Software Maintenance Information Technology
149629 140 BOLD,PAULINE Instructor Service Outdoor Center
149630 1,058 BUNCH,DENISE H Other Contracted Services Fitness Classes
149631 778 GENERAL GROWTH PROPERTIES LP-E Building Rental CDBG Fund
149632 304 HOOGENAKKER,KATHLEEN Conference Expense Finance
149633 125 MIAMA Dues&Subscriptions Ice Arena
149634 37 MINNESOTA COUNTY ATTORNEYS ASS Printing Police
149635 477 PETTY CASH Mileage&Parking Finance
149636 75 PETTY CASH-EPCC Mileage&Parking Community Center Admin
149637 41 PUBLIC EMPLOYEES RETIREMENT AS Miscellaneous Health and Benefits
149638 300 RAMSEY COUNTY SHERIFF'S DEPT. Deposits Escrow
149639 3,826 RELIASTAR LIFE INSURANCE CO Disability his Employers Health and Benefits
149640 350 SCOTT COUNTY Deposits Escrow
149641 73 SEATON,ROBYN Operating Supplies Winter Theatre
149642 5,972 STANDARD INSURANCE CO Life Insurance EE/ER Health and Benefits
149643 300 STEARNS COUNTY SHERIFF'S DEPAR Deposits Escrow
149644 2,344 U S BANK Paying Agent 2003A G.O.Park Refunding
149645 6,698 XCEL ENERGY Electric Water Treatment Plant
149646 160 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events
149647 100 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events
149648 325 ATOM Tuition Reimbursement/School Police
149649 370 CAMPOS,LORI Instructor Service Outdoor Center
149650 59,068 CENTERPOINT ENERGY SERVICES IN Gas City Hall-CAM
149651 1,233 COMMISSIONER OF TRANSPORTATION Equipment Repair&Maint Traffic Signals
149652 68 COMMISSIONER OF TRANSPORTATION Operating Supplies Engineering
149653 524 COSTCO Operating Supplies Fire
149654 2,250 DAKOTA COUNTY TECHNICAL COLLEG Tuition Reimbursement/School Fire
149655 238 DE LAGE LANDEN FINANCIAL SERVI Other Rentals General
149656 50 EDEN PRAIRIE CHAMBER OF COMMER Miscellaneous Organizational Services
149657 850 EMPLOYERS ASSOCIATION INC Dues&Subscriptions Human Resources
149658 350 FBINAA Tuition Reimbursement/School Police
149659 86 FEDEX Equipment Repair&Maint Fleet Services
14%60 35 FIRE MARSHALS ASSN OF MINNESOT Dues&Subscriptions Fire
14%61 138 GINA MARIAS INC Operating Supplies Fire
149662 336 GREATAMERICA LEASING CORP. Other Rentals General
149663 39,308 GREGERSON ROSOW JOHNSON&NILA Legal Legal Criminal Procecution
149664 100 BEIER,JUDY Refunds Environmental Education
149665 1,572 HENNEPIN COUNTY TREASURER Other Contracted Services Utility Improvement Fund
149666 561 HENNEPIN COUNTY TREASURER Licenses&Taxes Pool Maintenance
149667 10,490 HENNEPIN COUNTY TREASURER Board of Prisoner Police
149668 376 HERNANDEZ,RACHAEL AR Utility Water Enterprise Fund
14%69 35 HOMELAND PROTECTION PROFESSION Dues&Subscriptions Police
149670 450 JOHN MOORMAN INC Conference Expense Pool Maintenance
14%71 73 KEATING,MARY Mileage&Parking Planning
149672 24 KRAEMERS HARDWARE INC Operating Supplies Park Maintenance
149673 200 MACQUEEN EQUIPMENT INC Conference Expense Engineering
149674 2,612 METHODIST HOSPITAL Other Contracted Services Risk Management
149675 1,737 METRO SALES INCORPORATED* Other Rentals General
149676 78 MIELKE,TODD Outside Water Sales Water Enterprise Fund
149677 810 MINNESOTA AWWA Conference Expense Water Utility-General
Check# Amount Vendor/Explanation Account Description Business Unit
149678 25 MINNESOTA CHAPTER IAAI-J SCHAD Dues&Subscriptions Fire
149679 50 MINNESOTA PRINT MANAGEMENT LLC Office Supplies General
149680 1,560 MRPA Conference Expense Park Maintenance
149682 100 NORDLUND,JEFF Refunds Environmental Education
149683 101 PETTY CASH-EPCC Mileage&Parking Community Center Admin
149684 60 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Services
149685 338 QWEST Telephone Telephone
149686 74 QWEST COMMUNICATIONS Pager&Cell Phone Sewer Utility-General
149687 3,749 RELIASTAR LIFE INSURANCE CO Disability Ins Employers Health and Benefits
149688 50 SAXTON,DAN Refunds Environmental Education
149689 93 SCHMITZ,THOMAS Training Supplies Fire
149690 2,071 SPRINT Wireless Subscription Information Technology
149691 299 STAR Conference Expense Ice Arena Maintenance
149692 18 STAR TRIBUNE Dues&Subscriptions Prairie View Liquor Store
149693 18 STATE OF MINNESOTA Operating Supplies Fleet Services
149694 140 TCALMC Conference Expense Engineering
149695 350 TIME WARNER CABLE Dues&Subscriptions City Council
149696 5,090 US POSTMASTER-HOPKINS Postage Community Brochure
149697 210 VERIZON WIRELESS Pager&Cell Phone Sewer Utility-General
149698 100 WADE,ALEXANDER Refunds Environmental Education
149699 95 WILSON,JOHN D. Tuition Reimbursement/School Organizational Services
149700 65,995 XCEL ENERGY Electric Round Lake
149701 60 ACE ICE COMPANY Misc Non-Taxable Prairie View Liquor Store
149702 212 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Den Road Liquor Store
149703 42 ARCTIC GLACIER INC Misc Non-Taxable Prairie Village Liquor Store
149704 4,310 BELLBOY CORPORATION Operating Supplies Prairie View Liquor Store
149705 8,905 DAY DISTRIBUTING Beer Den Road Liquor Store
149706 5,954 EAGLE WINE COMPANY Wine Domestic Prairie Village Liquor Store
149707 333 GETTMAN COMPANY Misc Taxable Den Road Liquor Store
149708 1,253 GRAPE BEGINNINGS Wine Domestic Den Road Liquor Store
149709 7,741 GRIGGS COOPER&CO Wine Domestic Prairie Village Liquor Store
149711 34,094 JOHNSON BROTHERS LIQUOR CO Liquor Prairie View Liquor Store
149712 546 M.AMUNDSON LLP Misc Taxable Prairie View Liquor Store
149713 11,970 MARK VII Beer Prairie View Liquor Store
149714 802 MIDWEST COCA COLA BOTTLING COM Misc Taxable Prairie View Liquor Store
149715 596 NEW FRANCE WINE COMPANY Wine Domestic Den Road Liquor Store
149716 2,091 PAUSTIS&SONS COMPANY Wine Imported Den Road Liquor Store
149717 18,012 PHILLIPS WINE AND SPIRITS INC Liquor Prairie View Liquor Store
149718 3,170 PRIOR WINE COMPANY Wine Domestic Prairie View Liquor Store
149719 15,736 QUALITY WINE&SPIRITS CO Liquor Prairie View Liquor Store
149720 72 SPECIALTY WINES AND BEVERAGES Wine Imported Den Road Liquor Store
149721 8,052 TAYLOR DIST CO OF MN INC Beer Den Road Liquor Store
149722 13,325 THORPE DISTRIBUTING Beer Prairie View Liquor Store
149723 1,409 WINE COMPANY,THE Wine Domestic Prairie Village Liquor Store
149724 3,929 WINE MERCHANTS INC Wine Domestic Prairie View Liquor Store
149725 986 WINE SOURCE INTERNATIONAL Wine Imported Prairie Village Liquor Store
149726 2,346 WORLD CLASS WINES INC Wine Imported Den Road Liquor Store
149727 160 AHLMAN'S Equipment Repair&Maint Police
149728 705 ANCHOR PAPER COMPANY Office Supplies Police
149729 20 ARC HENNEPIN-CARVER Conference Expense Parks Administration
149730 895 ARSENAULT ASSOCIATES Conference Expense Engineering
149731 3,593 ASPEN WASTE SYSTEMS INC. Waste Disposal Community Center Maintenance
149732 8,797 CARDIv EMBER SERVICE Tuition Reimbursement/School Police
149733 83 CARLSON,DAN Other Contracted Services Police
149734 118 COSTCO Training Supplies Organizational Services
149735 246 CUB FOODS EDEN PRAIRIE Operating Supplies Police
149736 296 DELL Office Supplies General
149737 204 ELI JOURNALS Dues&Subscriptions Engineering
149738 35 FIRE MARSHALS ASSN OF MINNESOT Dues&Subscriptions Fire
149739 138 HENNEPIN COUNTY PUBLIC RECORDS Other Contracted Services Engineering
149740 1,891 HENNEPIN COUNTY SHERIFF'S OFFI Board of Prisoner Police
149741 100 HENNEPIN COUNTY TREASURER Other Contracted Services Police
149742 75 LEAGUE OF MINNESOTA CITIES Conference Expense Parks Administration
149743 130 MACA Tuition Reimbursement/School Police
149744 66 MERLINS ACE HARDWARE Supplies-General Bldg Community Center Maintenance
149745 37 MINNESOTA COUNTY ATTORNEYS ASS Printing Police
149746 273 MINNESOTA VALLEY ELECTRIC COOP Electric Sewer Liftstation
149747 29 NASBY,HEIDI Lessons&Classes Ice Arena
Check# Amount Vendor/Explanation Account Description Business Unit
149748 3,000 POSTAGE BY PHONE RESERVE ACCOU Postage General
149749 36 QUICKSILVER EXPRESS COURIER Postage Communication Services
149750 12 SOULE,LEANNE Program Fee Classes/Programs/Events
149751 7 TOMAHAWK LIVE TRAP COMPANY Operating Supplies Animal Control
149752 1,549 US POSTMASTER-HOPKINS Postage Water Accounting
149753 308 US POSTMASTER-HOPKINS Postage Community Brochure
149754 45 WOLFGRAM,JOHN Training Supplies Fire
149755 2,975 XCEL ENERGY Electric Cummins Grill
149756 1,411 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund
149757 160 MINNESOTA DEPT OF REVENUE Garnishment Withheld General Fund
149758 68 ACE ICE COMPANY Misc Non-Taxable Den Road Liquor Store
149759 117 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Den Road Liquor Store
149760 51 ARCTIC GLACIER INC Misc Non-Taxable Prairie Village Liquor Store
149761 4,041 BELLBOY CORPORATION Liquor Prairie Village Liquor Store
149762 130 BOURGET IMPORTS Wine Imported Prairie Village Liquor Store
149763 73 CAT&FIDDLE BEVERAGE Wine Domestic Den Road Liquor Store
149764 6,408 DAY DISTRIBUTING Beer Den Road Liquor Store
149765 4,244 EAGLE WINE COMPANY Liquor Prairie Village Liquor Store
149766 64 EXTREME BEVERAGE Misc Taxable Den Road Liquor Store
149767 283 FOOD MARKET MERCHANDISING,INC Misc Taxable Prairie View Liquor Store
149768 1,395 GRAPE BEGINNINGS Wine Domestic Prairie Village Liquor Store
149769 12,736 GRIGGS COOPER&CO Liquor Den Road Liquor Store
149770 1,465 HOHENSTEINS INC Beer Prairie View Liquor Store
149772 19,784 JOHNSON BROTHERS LIQUOR CO Liquor Den Road Liquor Store
149773 107 M.AMUNDSON LLP Operating Supplies Den Road Liquor Store
149774 36 MALONEY,RACHEL Misc Taxable Den Road Liquor Store
149775 10,461 MARK VII Beer Prairie Village Liquor Store
149776 329 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store
149777 109 MORAN USA,LLC Operating Supplies Den Road Liquor Store
149778 445 NEW FRANCE WINE COMPANY Wine Domestic Den Road Liquor Store
149779 5,256 PAUSTIS&SONS COMPANY Wine Domestic Prairie Village Liquor Store
149780 10,476 PHILLIPS WINE AND SPIRITS INC Wine Domestic Den Road Liquor Store
149781 3,297 PRIOR WINE COMPANY Wine Domestic Prairie Village Liquor Store
149782 9,651 QUALITY WINE&SPIRITS CO Wine Domestic Den Road Liquor Store
149783 6,170 TAYLOR DIST CO OF MN INC Beer Prairie View Liquor Store
149784 10,308 THORPE DISTRIBUTING Beer Prairie View Liquor Store
149785 2,543 WINE COMPANY,THE Wine Domestic Prairie Village Liquor Store
149786 1,606 WINE MERCHANTS INC Wine Domestic Prairie Village Liquor Store
149787 2,012 WORLD CLASS WINES INC Wine Domestic Den Road Liquor Store
149788 120 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center
149789 4,288 ARCH WIRELESS Pager&Cell Phone Police
149790 222 ASPEN WASTE SYSTEMS INC. Waste Disposal Den Road Liquor Store
149791 86 BATTERIES PLUS Supplies-General Bldg General Facilities
149792 100 BLINSTRUP,BART Refunds Environmental Education
149793 180 BRUNSWICK BOWLING LANES Special Event Fees Teen Programs
149794 160 CAMPOS,LORI Instructor Service Outdoor Center
149795 579 CENTERPOINT ENERGY Gas Well 15
149796 3,812 CENTURYTEL Telephone Telephone
149797 212 CHOICE INC Other Contracted Services Prairie Village Liquor Store
149798 57 CULLIGAN BOTTLED WATER Operating Supplies Fire
149799 11,067 DELL Computers Information Technology
149800 100 DORSEY,RICHARD Refunds Environmental Education
149801 234 EDEN PRAIRIE ROTARY CLUB Dues&Subscriptions City Council
149802 2,338 EGAN OIL COMPANY Lubricants&Additives Fleet Services
149804 1,301 GENUINE PARTS COMPANY Equipment Parts Fleet Services
149805 371 HENNEPIN TECHNICAL COLLEGE Tuition Reimbursement/School Fire
149806 39 KORNOELJI,HOLLY Lessons&Classes Pool Lessons
149807 100 LEAGUE OF MINNESOTA CITIES Conference Expense Park Maintenance
149808 13,811 METROPOLITAN COUNCIL Due to Other Governments SAC Agency Fund
149809 626 MINNESOTA LANDSCAPE ARBORETUM Special Event Fees Red Hat
149810 3,110 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Water Accounting
149811 2,148 MINNESOTA STATE TREASURER Building Surcharge General Fund
149812 1,663 MINNESOTA VALLEY ELECTRIC COOP Electric Riley Lake
149813 158 MOTOROLA Equipment Repair&Maint Wireless Communication
149814 7,269 NILSSEN,BETH Instructor Service Ice Arena
149815 130 NOKOMIS SHOE SHOP Clothing&Uniforms Inspections-Administration
149816 20 NREMT Tuition Reimbursement/School Police
149817 100 PAVLICEK,BARBARA Refunds Environmental Education
Check# Amount Vendor/Explanation Account Description Business Unit
149818 100 PLANTS,RICHARD J Refunds Environmental Education
149819 2,669 QWEST Telephone Sewer Liftstation
149820 100 ROGERS,JOANNE Refunds Environmental Education
149821 48 SAMPSON,MATT Lessons&Classes Oak Point Lessons
149822 200 TAMS-WITMARK MUSIC LIBRARY INC Other Rentals Summer Theatre
149823 72 TEKIELA,STAN Small Tools Outdoor Center
149824 1,440 WILLIAMS,LINDA D Tuition Reimbursement/School Organizational Services
149825 98 A TO Z RENTAL CENTER Repair&Maint.Supplies Fire
149826 239 ABRASIVE TECHNOLOGIES INC Equipment Parts Fleet Services
149827 447 ACHIEVEMENT CENTER,THE Operating Supplies Park Maintenance
149828 2,293 ACS GOVERNMENT SYSTEMS INC. Software Information Technology
149829 128 ADAMS PEST CONTROL INC Contract Svcs-Pest Control Prairie View Liquor Store
149830 209 ADOLPHKIEFER Safety Supplies Fire
149831 100 AIRTEC INC Equipment Parts Fleet Services
149832 19,103 ALTERNATIVE BUSINESS FURNITURE Supplies-General Bldg General Facilities
149833 5,645 AMERICAN PRESSURE INC Machinery&Equipment Water Utility-General
149834 450 AMSAN BRISSMAN-KENNEDY Cleaning Supplies Community Center Maintenance
149835 1,131 ANCHOR PAPER COMPANY Office Supplies General
149836 177 ARMOR SECURITY INC. Other Contracted Services Outdoor Center
149837 805 ASPEN EQUIPMENT CO. Equipment Parts Fleet Services
149838 1,311 ATHLETICA Advertising Park Acquisition&Development
149839 2,519 AUDIOVISUAL INC Video&Photo Supplies Communication Services
149840 16 BATTERIES PLUS Repair&Maint.Supplies Den Road Liquor Store
149841 63 BAUER BUILT TIRE AND BATTERY Equipment Parts Fleet Services
149842 180 BEAL,CARLY Other Contracted Services Adult Open Gym
149843 450 BEST&FLANAGAN LLP Other Contracted Services Rehab
149844 1,751 BLOOMINGTON SECURITY SOLUTIONS Contract Svcs-Security City Center Operations
149845 16,150 BNM CONSTRUCTION INC Improvement Contracts Capital Impr./Maint.Fund
149846 11,516 BONESTROO ROSENE ANDERLIK&AS Other Contracted Services Storm Drainage
149847 514 BOUND TREE MEDICAL LLC Safety Supplies Fire
149848 79 BOYER TRUCKS Equipment Parts Fleet Services
149849 566 BRAUER AND ASSOCIATES LTD Design&Engineering Park Acquisition&Development
149850 194 BRO-TEX INC Equipment Parts Fleet Services
149851 128 BROWN TRAFFIC PRODUCTS Equipment Repair&Maint Traffic Signals
149852 288 BUCK,BRENT Other Contracted Services Basketball
149853 1,383 BUCK,NATHAN Other Contracted Services Volleyball
149854 66 C&C EMBROIDERY Clothing&Uniforms Fire
149855 46 CAMPBELL KNUTSON,P.A. Legal WAFTA
149856 1,225 CARDIAC SCIENCE CORPORATION Operating Supplies Fire
149857 1,066 CLAREYS INC Office Supplies General
149858 25 COMCAST IT SERVICES LLC Other Contracted Services Police
149859 3,925 COMPAR INC Other Hardware Capital Impr./Maint.Fund
149860 33 CONNEY SAFETY PRODUCTS Small Tools Fleet Services
149861 1,129 CONTROL SERVICES OF MINNESOTA, Contract Svcs-HVAC City Hall-CAM
149862 4,430 CORPORATE EXPRESS Office Supplies General
149863 42 CROWN MARKING INC Other Contracted Services Rehab
149864 300 DECORATIVE DESIGNS INC Landscaping Water Treatment Plant
149865 26 DELEGARD TOOL CO Equipment Parts Fleet Services
149866 1,118 DELL Computers Information Technology
149867 58 DISPLAY SALES Supplies-General Bldg Police City Center
149868 21,167 DIVERSE BUILDING MAINTENANCE Janitor Service Police City Center
149869 412 DNR Clothing&Uniforms Ice Arena
149870 777 DOHERTY,SANDRA L Other Contracted Services Volleyball
149871 482 DU ALL SERVICE CONTRACTORS INC Legal Fire
149872 67 DYNAMIC IMAGING SYSTEMS INC Software Maintenance Information Technology
149873 7,353 EARL F ANDERSEN INC Signs Traffic Signs
149874 763 ECOLAB INC Contract Svcs-Pest Control Park Shelters
149875 50 EDEN PRAIRIE WINLECTRIC Equipment Parts Fleet Services
149876 914 EF JOHNSON Equipment Repair&Maint Wireless Communication
149877 465 EMERGENCY APPARATUS MAINTENANC Repair&Maint.Supplies Fire
149878 181 ESCHELON TELECOM INC Equipment Repair&Maint Telephone
149879 496 FACTORY MOTOR PARTS COMPANY Small Tools Emergency Preparedness
149880 1,433 FANFARE PROMOTIONS INC Clothing&Uniforms Inspections-Administration
149881 190 FEDERAL SIGNAL CORPORATION Equipment Repair&Maint Fleet Services
149882 753 FERRELLGAS Gas Riley Lake
149883 259 FLYING CLOUD ANIMAL HOSPITAL Canine Supplies Police
149884 460 FORCE AMERICA Equipment Repair&Maint Fleet Services
149885 516 G&K SERVICES Clothing&Uniforms General Facilities
Check# Amount Vendor/Explanation Account Description Business Unit
149886 445 G&K SERVICES-MPLS INDUSTRIAL Cleaning Supplies Water Treatment Plant
149887 163 GCS SERVICE INC Contract Svcs-Garden Romm Garden Room Repairs
149888 5,714 GEOMATRIXCONSULTANTS INC Other Contracted Services WAFTA
149889 293 GILBERT MECHANICAL Contract Svcs-Electrical City Hall-CAM
149890 113 GIRARD'S BUSINESS SOLUTIONS IN Other Rentals Finance
149891 153 GLEN PRAIRIE PRESS Operating Supplies Fitness Classes
149892 178 GRAFIX SHOPPE Equipment Parts Fleet Services
149893 282 GRAINGER Equipment Parts Fleet Services
149894 18,485 GREENSIDE INC Contract Svcs-Snow Removal Fire Station#3
149895 28 HANCE ACE HARDWARE Equipment Parts Fleet Services
149896 5,877 HANSEN THORP PELLINEN OLSON Design&Engineering Sewer Liftstation
149897 84 HENRY,PAUL Other Contracted Services Volleyball
149898 527 ICI DULUX PAINT CTRS Equipment Parts Fleet Services
149899 83 IMAGETECH SERVICES Operating Supplies Street Maintenance
149900 93 INSIGHT PUBLIC SECTOR Other Hardware Information Technology
149901 986 INTERSTATE POWER SYSTEMS INC Equipment Repair&Maint Fleet Services
149902 483 ITL PATCH COMPANY INC Clothing&Uniforms Police
149903 1,051 J H LARSON COMPANY Supplies-Electrical City Hall-CAM
149904 639 J&D WINDOW CLEANING Contract Svcs-Electrical Prairie Village Liquor Store
149905 179 JANEX INC Equipment Parts-General Bldg General Facilities
149906 7,132 JEFFERSON FIRE&SAFETY INC Small Tools Fire
149907, 605 JONES AND BARTLETT PUBLISHERS Training Supplies Fire
149908 902 KEEPERS Clothing&Uniforms Police
149909 707 LAKE COUNTRY DOOR LLC Contract Svcs-General Bldg Water Treatment Plant
149910 4,380 LANDFORM ENGINEERING COMPANY Design&Engineering ADC PROJECT
149911 1,404 LANO EQUIPMENT INC Machinery&Equipment Water Utility-General
149912 19,943 LEAGUE MN CITIES INS TRUST Insurance Risk Management
149913 299,335 LEAGUE OF MINNESOTA CITIES Workers Comp Insurance Risk Management
149914 572 LYNCH,JOHN J Other Contracted Services Basketball
149915 504 M R SIGN Signs Traffic Signs
149916 1,404 MACQUEEN EQUIPMENT INC Equipment Parts Fleet Services
149917 2,342 MCNEILUS STEEL INC Repair&Maint.Supplies Water System Maintenance
149919 694 MENARDS Equipment Parts Fleet Services
149920 10,583 MESSERLI&KRAMER Dues&Subscriptions City Council
149921 22,473 METRO FIRE Small Tools Fire
149922 217,238 METROPOLITAN COUNCIL ENVIRONME Waste Disposal Sewer Utility-General
149923 264 MIDWEST DESIGN CO Printing Communication Services
149924 134 MINNESOTA CONWAY Operating Supplies Fire
149925 22,924 MINNESOTA DEPT OF HEALTH Miscellaneous Water System Sample
149926 132 MINNESOTA GLOVE INC Safety Supplies Fleet Services
149927 495 MINNESOTA TROPHIES&GIFTS Operating Supplies Fire
149928 78 MINUTEMAN PRESS OF EAGAN Printing Inspections-Administration
149929 18,032 MTI DISTRIBUTING INC Machinery&Equipment Park&Recreation
149930 242 MURRAY,JOHN Other Contracted Services Basketball
149931 979 NATIONAL CAMERA EXCHANGE Training Supplies Fire
149932 302 NAUTILUS/SCHWINN FITNESS GROUP Repair&Maint.Supplies Fitness Center
149933 45 NEXT DAY GOURMET Supplies-General Bldg Garden Room Repairs
149934 100 NORCOSTCO Operating Supplies Winter Theatre
149935 145 NORTHERN SAFETY TECHNOLOGY INC Equipment Parts Fleet Services
149936 48 NORTHERN TOOL Small Tools Water Utility-General
149937 104 NORTHWEST RESPIRATORY SERVICE Operating Supplies Fire
149938 160 NUCO2 INC Chemicals Pool Maintenance
149939 49 OLSEN COMPANIES Equipment Parts Fleet Services
149940 452 OLSEN,JAMES 0 Other Contracted Services Winter Theatre
149941 366 OSI BATTERIES INC Equipment Parts Fleet Services
149942 26,011 PARROTT CONTRACTING INC Improvement Contracts Storm Drainage
149943 527 PEPSI COLA COMPANY Canine Supplies Police
149944 1,800 PERNSTEINER CREATIVE GROUP INC Other Contracted Services Community Brochure
149945 1,898 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical Outdoor Center Facilities
149946 248 PRECISION DYNAMICS CORPORATION Operating Supplies Ice Show
149947 136 PRINTERS SERVICE INC Contract Svcs-Ice Rink Ice Arena Maintenance
149948 104 PROTECTION ONE Other Contracted Services Cummins Grill
149949 178 QUALITY PROPANE Motor Fuels Ice Arena Maintenance
149950 350 RAY,LEE Other Contracted Services Basketball
149951 645 REBS MARKETING Other Contracted Services Water Accounting
149952 131 RIDGEVIEW MEDICAL CENTER Other Contracted Services Risk Management
149953 142 RIGID HITCH INCORPORATED Equipment Parts Fleet Services
149954 9,445 RMR SERVICES LLC Other Contracted Services Water Meter Reading
Check# Amount Vendor/Explanation Account Description Business Unit
149955 400 ROBERT C VOGEL Other Contracted Services 1999 CLG Grant
149956 245 ROHN INDUSTRIES INC Waste Disposal-General Bldg City Hall-CAM
149957 204 RUFFRIDGE JOHNSON EQUIPMENT CO Equipment Parts Fleet Services
149958 150 SCRAP METAL PROCESSORS INC Equipment Repair&Maint Fleet Services
149959 87 SHERWIN WILLIAMS Equipment Repair&Maint Park Maintenance
149960 97 SHRED-IT Waste Disposal City Center Operations
149961 1,071 SJF Capital Under$2,000 Water Utility-General
149962 99,179 SM HENTGES&SONS INC Improvement Contracts 212/Charlson Rd.Intersectio
149963 499 SNAP-ON TOOLS Small Tools Fleet Services
149964 141 SOFTWARE HOUSE INTERNATIONAL I Software Information Technology
149965 1,617 SOUTHWEST SUBURBAN PUBLISHING- Employment Advertising Organizational Services
149966 2,123 SOUTHWEST SUBURBAN PUBLISHING- Printing Communication Services
149967 300 SPIRIT APPAREL&STUFF Clothing&Uniforms Pool Operations
149968 256 SPS COMPANIES Repair&Maint.Supplies Water Utility-General
149969 2,469 STAR TRIBUNE Employment Advertising Organizational Services
149970 258 STATE SUPPLY COMPANY Supplies-Plumbing City Hall-CAM
149971 404 STEMPF AUTOMOTIVE INDUSTRIES I Equipment Parts Fleet Services
149972 387 STONEBROOKE Equipment Parts Fleet Services
149973 420 STORMS,SARAH Other Contracted Services Adult Open Gym
149974 4,422 STREICHERS Clothing&Uniforms Police
149975 24 SUBURBAN CHEVROLET Equipment Parts Fleet Services
149976 2,400 SUBURBAN RATE AUTHORITY Dues&Subscriptions City Council
149977 4,348 SUMMIT ENVIROSOLUTIONS Other Contracted Services Water Treatment Plant
149978 1,261 SUN NEWSPAPERS Legal Notices Publishing City Clerk
149979 175 SWEDLUND SEPTIC SERVICES INC Waste Disposal Outdoor Center
149980 75 SWEET OCCASIONS FOR YOU Operating Supplies Pool Special Events
149981 938 SYSTEM CONTROL SERVICES Process Control Equipment Well 15
149982 235 TAHER INC CATERING Training Supplies Organizational Services
149983 407 TESSCO Equipment Repair&Maint Wireless Communication
149984 9 TIME WARNER CABLE Operating Supplies Fire
149985 272 TKDA Design&Engineering Water Utility-General
149986 1,151 TKE CORP Contract Svcs-Elevator City Hall-CAM
149987 144 TOMS WINDOW CLEANING Janitor Service-General Bldg Den Road Building
149988 2,721 TOTAL REGISTER Operating Supplies Prairie View Liquor Store
149989 8,000 TRADE INNOVATIONS INC Other Contracted Services Disaster Recovery Coalition
149990 2,715 TRANSPORT GRAPHICS Repair&Maint.Supplies Fire
149991 91 TWIN CITY OXYGEN CO Repair&Maint.Supplies Water Utility-General
149992 17 UNIFORMS UNLIMITED Clothing&Uniforms Police
149993 46 UNLIMITED SUPPLIES INC Equipment Parts Fleet Services
149994 11,180 VALLEY RICH CO INC Other Contracted Services Water System Maintenance
149995 45 VICTORIA REPAIR&MFG Repair&Maint.Supplies Water Utility-General
149996 85 VIDEO SERVICE OF AMERICA Video&Photo Supplies Communication Services
149997 1,680 WALL TRENDS INC Contract Svcs-Gen.Bldg City Center Operations
149998 1,695 WATER SPECIALTY OF MN INC Chemicals Pool Maintenance
149999 1,072 WATSON CO INC,THE Merchandise for Resale Concessions
150000 130 WEMYSS,SCOTT Safety Supplies Fire
150001 4,022 WENCK ASSOCIATES INC Deposits Escrow
150002 103 WESTSIDE EQUIPMENT Equipment Repair&Maint Fleet Services
150003 1,980 WHEELER HARDWARE COMPANY Building Repair&Maint. Capital Impr./Maint.Fund
150004 1,113 WIGLEY AND ASSOCIATES Software Information Technology
150005 2,145 WM MUELLER AND SONS INC Sand Snow&Ice Control
150006 295 WUOLLET BAKERY INC Operating tin Supplies Fire
PP
150007 15,853 YALE MECHANICAL INC Contract Svcs-HVAC Park Shelters
150008 193 ZEP MANUFACTURING CO Equipment Parts Fleet Services
2,167,876 Grand Total
CITY COUNCIL AGENDA DATE:
SECTION: Ordinances&Resolutions March 21,2006
DEPARTMENT: ITEM DESCRIPTION: ITEM NO.:.IX.A.
Resolution authorizing study of inconsistencies
between the Comp Guide Plan and the Zoning Code
Requested Action
Move to: Adopt Resolution authorizing a study to identify inconsistencies between the City's
Comprehensive Guide Plan and the City's Zoning Code as to the use authorizations and
designations of certain-properties within the City of Eden Prairie and to propose measures to cure
any such inconsistencies.
Synopsis
City staff has developed a proposal for the City Council to consider which we believe will
strengthen the City's legal position pertaining to its zoning and comprehensive guide plan
designations for land used as golf courses with the City of Eden Prairie. The proposal we are
advocating for the Council to consider is the declaration of a temporary moratorium on the
development of land designated as"quasi-public"in the City's comprehensive guide plan. The
moratorium would allow City staff to conduct a study of such land within the City to make sure
that our zoning designations and guide plan designations are properly aligned.
The moratorium is accomplished by ordinance. City staff has scheduled two readings of the
proposed ordinance for the Council's March 21 meeting agenda. We are requesting the Council
complete both readings of the ordinance at the March 21 meeting to put the new moratorium into
place as soon as possible. Putting the new ordinance into place immediately will allow City staff
to begin work on the study immediately,which will allow us to lift the moratorium sooner.
City staff recommends Council's adoption of this resolution and approval of the subsequent
interim ordinance. We will present more information about this matter to the Council at your
March 21 meeting.
Attachment
Resolution
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,NIINNESOTA
RESOLUTION NO. 2006-43
RESOLUTION AUTHORIZING A STUDY TO IDENTIFY INCONSISTENCIES
BETWEEN THE CITY'S COMPREHENSIVE GUIDE PLAN AND THE CITY'S
ZONING CODE AS TO USE AUTHORIZATIONS AND DESIGNATIONS OF
CERTAIN PROPERTIES WITHIN THE CITY OF EDEN PRAIRIE,AND TO
PROPOSE MEASURES TO CURE ANY SUCH INCONSISTENCIES
WHEREAS,the City of Eden Prairie has developed a Comprehensive Guide Plan
for the purpose of guiding the development of the City in conformity with all regional
system plans and to ensure consistency with the City's own plan, ordinances, codes, and
fiscal devices, and other local implementation procedures for the overall efficient use and
development of the land within the City for the benefit and welfare of its citizenry and for
the promotion of the public good;and
WHEREAS, the City of Eden Prairie has adopted a Zoning Code to protect and
to promote the public health, safety, peace, comfort, convenience,prosperity, and general
welfare, and specifically to: (1) to assist in the implementation of the City
Comprehensive Guide Plan as amended; (2)to foster a harmonious, convenient workable
relationship among land uses; (3) to promote the stability of existing land uses that
conform with the Guide Plan and to protect them from inharmonious influences and
harmful intrusions; (4) to insure that public and private lands ultimately are used for the
purposes which are most appropriate and most beneficial from the standpoint of the City
as a whole; (5) to prevent excessive population densities and over-crowding of the land
with structures; (6)to promote a safe, effective traffic circulation system; (7) to foster the
provision of adequate off-street parking and off-street truck loading facilities; (8) to
facilitate the appropriate location of community facilities and institutions; (9) to provide
human and physical resources of sufficient quantity and quality to sustain needed public
services and facilities; (10) to protect and enhance real property values; and, (11) to
safeguard and enhance the appearance of the City, including natural amenities of hills,
woods, lakes, and ponds; and
WHEREAS, the Eden Prairie City Council has determined that inconsistencies
may exist between the City's Comprehensive Guide Plan and the City's Zoning Code,
regarding land use designations and zoning district use authorizations of certain lands
within the City; and
WHEREAS, the Eden Prairie City Council deems it necessary, in furtherance of
the public good, to authorize a study to: (1) determine if inconsistencies exist between the
City's Comprehensive Guide Plan and the City's Zoning Code for properties which are
guided as Public/Quasi Public under the Comprehensive Guide Plan and currently used as
a golf courses; (2) to determine the impact and extent of such inconsistencies; and (3) to
develop measures to correct any such inconsistencies to bring the Zoning Code and
Comprehensive Guide Plan into mutual conformity; and
WHEREAS, Minn. Stat. § 473.858, subd. 1; as well as the recent Minnesota
Supreme Court case of Mendota Golf, LLP, v. City of Mendota Heights, 708 N.W.2d 162,
(2006), require that the City cure inconsistencies between its Comprehensive Guide Plan
and Zoning Code.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF EDEN PRAIRIE THAT:
The City Council hereby authorizes a study to be conducted to: (1) determine if
inconsistencies exist between the City's Comprehensive Guide Plan and the
City's Zoning Code for properties which are guided as Public/Quasi Public under
the Comprehensive Guide Plan and currently used as a golf courses; (2) to
determine the impact and extent of such inconsistencies; and (3) to develop
measures to correct any such inconsistencies to bring the Zoning Code and
Comprehensive Guide Plan into mutual conformity.
ADOPTED by the City Council this day of ,
2006.
Nancy Tyra-Lukens, Mayor
ATTEST:
Kathleen Porta, City Clerk
(Seal)
CITY COUNCIL AGENDA DATE:
SECTION: Ordinances&Resolutions March 21, 2006
DEPARTMENT: ITEM DESCRIPTION: ITEM NO.%IX.B.
First Reading of an Interim Ordinance temporarily
prohibiting development in areas designated as
public/quasi-public which are used as a golf course
Requested Action
Move to: Approve first reading of an interim ordinance temporarily prohibiting any new use,
permit, conditional use permit,variance, subdivision, or development in areas designated in the
comprehensive guide plan as public/quasi-public which are used as a golf course
Synopsis
See Item No. IX.A.
Attachment
Ordinance
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,NIINNESOTA
ORDINANCE NO. -2006
AN INTERIM ORDINANCE FOR THE PURPOSE OF PROTECTING THE PLANNING
PROCESS AND THE WELFARE OF THE CITY RESIDENTS;AND TEMPORARILY
PROHIBITING ANY NEW USE,PERMIT,CONDITIONAL USE PERMIT,
VARIANCE,SUBDIVISION,OR DEVELOPMENT IN AREAS OF THE CITY
DESIGNATED IN THE CITY'S COMPREHENSIVE GUIDE PLAN AS
PUBLIC/QUASI-PUBLIC WHICH ARE USED AS A GOLF COURSE AS OF THE
EFFECTIVE DATE OF THIS ORDINANCE; ADOPTING ENFORCEMENT
PROVISIONS; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1,WHICH
AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS.
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE.,NIINNESOTA,ORDAINS:
Section 1. Purpose. The City Council of the City of Eden Prairie has found that certain areas
of the City designated by the City's Comprehensive Guide Plan as Public/Quasi
Public are designated otherwise by the City's Zoning Code, and that inconsistencies
in the uses allowed under the respective designations may exist. The purpose of
this Interim Ordinance is to allow time for a study (hereinafter referred to as the
"Study") to be completed, prior to new development in the Study Area as defined
below, to evaluate whether inconsistencies between the Comprehensive Guide Plan
and the City's zoning controls as set forth in City Code Chapter 11 exist and to
propose measures to cure any such inconsistencies between the City's
Comprehensive Guide Plan and the City's Zoning Code.
Section 2. Authorization. Pursuant to Minn. Stat. § 462.355, subd.4,the City is authorized to
adopt interim ordinances to regulate, restrict, or prohibit any use or development in
all or part of the City, for a period of one year (subject to exceptions as stated in
Section 462.355), while the City is conducting studies, or has authorized a study to
be conducted, or has scheduled a hearing to consider adoption or amendment of
official controls, including ordinances, regulating physical development of the City.
Section 3. Study. Pursuant to Resolution 2006-43 and this Interim Ordinance, the City
determines to conduct the Study to investigate if inconsistencies exist between
Comprehensive Guide Plan designations of Public/Quasi Public property being used
as a golf course as of the Effective Date of this Interim Ordinance and the zoning
designation of such properties under Chapter 11 of the City Code and if so, to
develop recommendations as to how to cure any such inconsistencies in furtherance
of the general health, safety, and welfare of the City and its residents.
Section 4. Study Area. This Interim Ordinance shall apply to all properties within the City
designated as "Public/Quasi Public" in the Comprehensive Guide Plan which are
utilized as a golf course as of the Effective Date of this Interim Ordinance.
Section 5. Interim Ordinance. Fora period of twelve months from the Effective Date of this
Interim Ordinance as authorized in Minn. Stat. § 462.355, subd. 4, there shall be no
new use, development, construction, or subdivision of property designated as
"Public/Quasi Public" in the City's Comprehensive Guide Plan, which is utilized as
a golf course as of the Effective Date of this Ordinance. During the twelve month
period referred to above, no new building permit applications shall be filed; no
building permits shall be issued or approved for new development; no subdivision
application shall be filed; no subdivision application shall be approved; no zoning
applications, rezoning applications, PUD applications, conditional use permits, or
variances shall be filed, issued or approved, unless such was granted prior to the
Effective Date of this Ordinance.
Section 6. Effective Date. This Interim Ordinance shall become effective immediately upon
its passage and publication.
Section 7. Exemptions.This interim ordinance shall not apply to the following:
A. Building permits for work in the interior of an existing building
B. Land Alteration exempt from the requirements for a Land Alteration Permit
pursuant to City Code Section 11.55 Subd. 3,B.
Section 8. Enforcement. The City may enforce any provision of this ordinance by mandamus,
injunction or any other appropriate civil remedy in any court of competent
jurisdiction. Further, City Code Chapter 1, entitled "General Provisions and
Definitions Applicable to Entire City Code including Penalty for Violation" is
herby adopted in its entirety, by reference, as though repeated verbatim herein.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the
day of , 2006, and finally read and adopted and ordered published at a
regular meeting of the City Council of said City on the day of ,2006.
Kathleen A.Porta, City Clerk Nancy Tyra-Lukens,Mayor
PUBLISHED in the Eden Prairie Sun Current on ,2006.
2
CITY COUNCIL AGENDA DATE:
SECTION: Ordinances&Resolutions March 21,2006
DEPARTMENT: ITEM DESCRIPTION: ITEM NO.:. IX. C.
Second Reading of an Interim Ordinance
temporarily prohibiting development in areas
designated as public/quasi-public which are used as
a golf course
Requested Action
Move to:
• Approve the second reading of an interim ordinance temporarily prohibiting any new use,
permit,conditional use permit,variance, subdivision, or development in areas designated in
the comprehensive guide plan as public/quasi-public which are used as a golf course; and
• Adopt resolution approving the summary ordinance.
Synopsis
See Item No.IX.A.
Attachment
Ordinance
Ordinance Summary
Resolution Approving Summary Ordinance
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
ORDINANCE NO. -2006
AN INTERIM ORDINANCE FOR THE PURPOSE OF PROTECTING THE PLANNING
PROCESS AND THE WELFARE OF THE CITY RESIDENTS;AND TEMPORARILY
PROHIBITING ANY NEW USE,PERMIT,CONDITIONAL USE PERMIT,
VARIANCE,SUBDIVISION,OR DEVELOPMENT IN AREAS OF THE CITY
DESIGNATED IN THE CITY'S COMPREHENSIVE GUIDE PLAN AS
PUBLIC/QUASI-PUBLIC WHICH ARE USED AS A GOLF COURSE AS OF THE
EFFECTIVE DATE OF THIS ORDINANCE; ADOPTING ENFORCEMENT
PROVISIONS; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1,WHICH
AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS.
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA,ORDAINS:
Section 1. Purpose. The City Council of the City of Eden Prairie has found that certain areas
of the City designated by the City's Comprehensive Guide Plan as Public/Quasi
Public are designated otherwise by the City's Zoning Code, and that inconsistencies
in the uses allowed under the respective designations may exist. The purpose of
this Interim Ordinance is to allow time for a study (hereinafter referred to as the
"Study") to be completed, prior to new development in the Study Area as defined
below, to evaluate whether inconsistencies between the Comprehensive Guide Plan
and the City's zoning controls as set forth in City Code Chapter 11 exist and to
propose measures to cure any such inconsistencies between the City's
Comprehensive Guide Plan and the City's Zoning Code.
Section 2. Authorization. Pursuant to Minn. Stat. § 462.355, subd. 4,the City is authorized to
adopt interim ordinances to regulate, restrict, or prohibit any use or development in
all or part of the City, for a period of one year (subject to exceptions as stated in
Section 462.355), while the City is conducting studies, or has authorized a study to
be conducted, or has scheduled a hearing to consider adoption or amendment of
official controls, including ordinances,regulating physical development of the City.
Section 3. Study. Pursuant to Resolution 2006-43 and this Interim Ordinance, the City
determines to conduct the Study to investigate if inconsistencies exist between
Comprehensive Guide Plan designations of Public/Quasi Public property being used
as a golf course as of the Effective Date of this Interim Ordinance and the zoning
designation of such properties under Chapter 11 of the City Code and if so, to
develop recommendations as to how to cure any such inconsistencies in furtherance
of the general health, safety, and welfare of the City and its residents.
Section 4. Study Area. This Interim Ordinance shall apply to all properties within the City
designated as "Public/Quasi Public" in the Comprehensive Guide Plan which are
utilized as a golf course as of the Effective Date of this Interim Ordinance.
Section 5. Interim Ordinance. For a period of twelve months from the Effective Date of this
Interim Ordinance as authorized in Minn. Stat. § 462.355, subd. 4, there shall be no
new use, development, construction, or subdivision of property designated as
"Public/Quasi Public" in the City's Comprehensive Guide Plan, which is utilized as
a golf course as of the Effective Date of this Ordinance. During the twelve month
period referred to above, no new building permit applications shall be filed; no
building permits shall be issued or approved for new development; no subdivision
application shall be filed; no subdivision application shall be approved; no zoning
applications, rezoning applications, PUD applications, conditional use permits, or
variances shall be filed, issued or approved, unless such was granted prior to the
Effective Date of this Ordinance.
Section 6. Effective Date. This Interim Ordinance shall become effective immediately upon
its passage and publication.
Section 7. Exemptions.This interim ordinance shall not apply to the following:
A. Building permits for work in the interior of an existing building
B. Land Alteration exempt from the requirements for a Land Alteration Permit
pursuant to City Code Section 11.55 Subd. 3,B.
Section 8. Enforcement. The City may enforce any provision of this ordinance by mandamus,
injunction or any other appropriate civil remedy in any court of competent
jurisdiction. Further, City Code Chapter 1, entitled "General Provisions and
Definitions Applicable to Entire City Code including Penalty for Violation" is
herby adopted in its entirety, by reference, as though repeated verbatim herein.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the
day of , 2006, and finally read and adopted and ordered published at a
regular meeting of the City Council of said City on the day of , 2006.
Kathleen A.Porta, City Clerk Nancy Tyra-Lukens,Mayor
PUBLISHED in the Eden Prairie Sun Current on , 2006.
2
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO. 2006-
A RESOLUTION APPROVING THE SUMMARY
OF ORDINANCE NO._-2006 AND ORDERING THE
PUBLICATION OF SAID SUMMARY
WHEREAS, Ordinance No. _-2006 was adopted and ordered published at a regular
meeting of the City Council of the City of Eden Prairie held on the 21 st day of March, 2006.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF EDEN PRAIRIE, THAT THE CITY COUNCIL FINDS, DETERMINES, AND
ORDERS AS FOLLOWS:
A. Ordinance No._-2006 is lengthy.
B. The text of summary of Ordinance No._-2006, attached hereto as Exhibit A,
conforms to M.S. § 331A.01, Subd. 10, and is approved, and publication of the
title and summary of the Ordinance will clearly inform the public of the intent and
effect of the Ordinance.
C. The title and summary shall be published once in the Eden Prairie Sun Current in
a body type no smaller than brevier or eight-point type.
D. A printed copy of the Ordinance shall be made available for inspection by any
person, during regular office hours, at the office of the City Clerk, and a copy of
the entire text of the Ordinance shall be posted in the City offices.
E. Ordinance_-2006 shall be recorded in the Ordinance Book, along with proof of
publication,within twenty(20) days after said publication.
ADOPTED by the City Council on March 21, 2006.
Nancy Tyra-Lukens,Mayor
(Seal)
ATTEST:
Kathleen Porta, City Clerk
EXHIBIT A
SUMMARY OF ORDINANCE -2006
AN INTERIM ORDINANCE FOR THE PURPOSE OF PROTECTING THE PLANNING
PROCESS AND THE WELFARE OF THE CITY RESIDENTS; AND TEMPORARILY
PROHIBITING ANY NEW USE,PERMIT, CONDITIONAL USE PERMIT,VARIANCE,
SUBDIVISION,OR DEVELOPMENT IN AREAS OF THE CITY DESIGNATED IN THE
CITY'S COMPREHENSIVE GUIDE PLAN AS PUBLIC/QUASI-PUBLIC WHICH ARE
USED AS A GOLF COURSE AS OF THE EFFECTIVE DATE OF THIS ORDINANCE;
ADOAPTING ENFORCEMENT PROVISIONS; AND ADOPTING BY REFERENCE
CITY CODE CHAPTER 1, WHICH AMONG OTHER THINGS CONTAIN PENALTY
PROVISIONS.
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,NIINNESOTA,ORDAINS:
Summary: Pursuant to Minn. Stat. §462.355, subd. 4, the City is authorized to adopt interim
ordinances to regulate, restrict, or prohibit any use or development in all or part of the City, for a
period of one year (subject to exceptions as stated in Section 462.355), while the City is
conducting studies. This ordinance ordains that for a period of twelve months from the Effective
Date of this Interim Ordinance there shall be no new use, development, construction, or
subdivision of property designated as "Public/Quasi Public" in the City's Comprehensive Guide
Plan which is utilized as a golf course as of the Effective Date of this Ordinance.
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 the City Clerk.)
CITY COUNCIL AGENDA DATE:
SECTION: Report of the City Manage March 21, 2006
DEPARTMENT: ITEM DESCRIPTION: ITEM NO.:. XIII.B. 3.
Scott Neal, City Manager Budget Preparation Process
Requested Action
Move to direct staff to plan and implement a budget preparation process for 2007 and 2008-2009
pursuant to the flow chart and process as discussed at the Council's March 7 Workshop.
Synopsis
At the City Council's March 7 Workshop, Sue Kotchevar and I presented our recommendation to
the Council on how we believe the City should go about finalizing the proposed 2007 City
budget and preparing the 2008-2009 City budgets. The discussion of the 2007 budget focused on
the current 2007 draft budget which was tentatively approved by the City Council during the
approval process for the 2006-2007 budget preparation process in 2005. The discussion of the
2008-2009 budget process focused on a flow chart presented by Ms.Kotchevar that outlined a
process that integrates public, staff and Council input and feedback in an orderly process that
would begin, if authorized, later this year.
Attachment
Flow Chart
City of Eden Prairie
Achieving Strategic and Financial Alignment
Recommended Strategic Planning and Budget Process
Work Process in 2006 to 2007 for the 2008/2009 Budget
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performance measures,objectives. 2006 lowti meetings,etc Consider establishing a target price for'City services
2006 2006/2007 February 2007
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..rr .. ...\��%.... ...:< ... ... :. '�.:... �.r'.' .mow - :_:. ,. � ..,, s,:: . Staff"",
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policies and prepares p.;. p' g gn g rl
long-term personnel and information for conducted strategic plan and objectives Early May 2007
financial plans ' utility costsdistribution Early April
March 2007 March 2007 2007
�. �,
ltnancerevYeyy ,Citylvlxngeand 'Elnanceitrepres Y fps t~sentet E 1"inane
and`organiziss directors meet t4 prapased budget "' to tlte'.Xvla?iifand Coutci� ', 'trtcorporates
requests balance the budget June 2007 at budget workshop Council changes
May 2007 June 2007 July 2007 into the budget
r lit narydle: e �Appr ved.brir g _ �._.1 Q, g tnOTO
held. Y i;ertfied to` 1'utlrc Hearing by the City published and reporting of. , 2010/2011
August12007 ' County '' ' 'Held Council January 2008 budget performance
Budget
September 2007 'I December 2007 " December 2007
Green represents Strategic Planning including Council and citizen input to the budget process Blue represents
internal budget preparation processes Red represents Council and public review and Council adoption of the budget
CITY COUNCIL AGENDA DATE:
SECTION: Reports of the City Manager March 21,2006
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIII.B. 4.
Sue Kotchevar, Office of the Award banking services to US Bank
City Manager/Finance National Association and adopt resolution
designating US Bank National Association
as the Official Depository for the Public
Funds of the City of Eden Prairie
Requested Action
Move to:
• Award banking services to US Bank National Association;and
• Adopt resolution designating US Bank National Association as the Official Depository for
the Public Funds of the City of Eden Prairie
Synopsis
At the request of the City Council, Finance staff conducted a request for proposal (RFP) process
for banking services. The RFP was sent to ten banks all with locations in Eden Prairie. Eight
banks attended the mandatory pre-proposal meeting on January 11, 2006 and five banks
submitted RFP responses.
Staff reviewed the RFP's for the quality and availability of services, customer service, and cost
of service and interest earnings. US Bank National Association (US Bank) provides the best
choice for the City of Eden Prairie. US Bank provides the best technology solutions,
knowledgeable customer service,the least amount of fees, and the highest interest earnings.
Background Information
During the first quarter of 2006,Finance staff conducted a request for proposal (RFP)process for
banking services. The last time a RFP process was completed was in 1999. It is a good business
practice to periodically conduct an RFP process. The RFP was sent to ten banks all with
locations in Eden Prairie. Eight banks came to the mandatory pre-proposal meeting on January
11, 2006. The City received RFP responses from the following five banks: Anchor Bank,
Bremer Bank, Community State Bank,M&I bank, and US Bank.
Below summarizes US Bank information regarding quality and availability of services, customer
service, and cost of service and interest earnings.
Ouality and Availability of Service
US Bank provides all the typical banking services and also all of the services noted in the RFP as
desirable banking services including on-line banking, credit card and purchasing card program,
lock box services, positive pay services, and check 21 services. Check 21 is a process to
automatically transmit check deposits to the bank through the Internet. Check 21 service is
currently not available at all of the bidding banks. Many of the other banks had most of the
e
desirable services but they also charged related fees. See Fees and Interest below.
Finance plans to review the use of purchasing cards later this year and if the City chooses to use
this service, it would be free of charge. The City currently does not use a lockbox service but in
the future if the City chooses to use this service it would be free of charge which is not the case
at the other banks.
Customer Service
Staff checked customer references and received positive responses. Staff met with corporate US
Bank employees and the local US Bank employees to discuss banking services available and also
customer service. Finance staff that met with the local bank employees included the Finance
Manager, Accountant, Senior Account Clerk, and Payroll. When staff has questions, staff can
contact the local bank, call customer service, or call the individual assigned as the Eden Prairie
relationship manager.
Fees and Interest
Through US Bank the City has available checking, wire transfers, lockbox service, ACH
services, coin and currency services, and credit cards and purchasing cards services at no direct
cost to the City. The account through the League of Minnesota Cities 4M money market account
pays a money market rate of return which is a higher rate than any of the other banks offered.
Attachment
Resolution
CITY OF EDEN PRAIRIE
]HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO. 2006-
A RESOLUTION DESIGNATING DEPOSITORY
BE IT RESOLVED,that US Bank National Association,authorized to do banking
business in Minnesota,be and hereby designated as the Official Depository for the Public Funds
of the City of Eden Prairie, County of Hennepin,Minnesota. The City Treasurer shall maintain
adequate collateral for funds in the depository.
ADOPTED by the City Council of the City of Eden Prairie on the 2 1"day of March,
2006.
Nancy Tyra-Lukens,Mayor
ATTEST:
Kathleen Porta, City Clerk
CITY COUNCIL AGENDA
SECTION: Reports of the Public Works Director
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIII.D. 1.
Public Works IC# 02-5581 Round Lake Improvement
Leslie Stovring Project Implementation
Requested Action
Move to: Approve the proposal by Blue Water Science to provide Round Lake Improvement
Projects in the amount of$16,960.
Synopsis
On April 26,2005,the City Council requested staff to obtain a consultant proposal to review
treatment alternatives for Round Lake. The proposal from Blue Water Science provides a list of
suggested projects to enable City staff to monitor water quality, provide low-impact water
treatment alternatives and evaluate goose management alternatives for the lake in anticipation of
opening the beach to the public in 2007 or 2008.
Background Information
Riley-Purgatory-Bluff Creek Watershed District(RPBCWD) completed a Use Attainability
Analysis(UAA) for Round Lake in June 1999. The UAA included a number of
recommendations for management of the lake, including upgrade and construction of stormwater
ponds,treatment of stormwater runoff entering the lake with alum(aluminum sulfate)through
construction of an alum treatment facility within Round Lake Park,performance of an in-lake
alum treatment and management of invasive plants. The estimated cost for this scope of work
was$902,100 in 1999 with ongoing maintenance costs of the alum treatment facility estimated
as approximately$20,000 to$25,000 plus removal and disposal of the alum treatment by-
products.
On September 3, 2002,the City Council approved a petition to upgrade three existing detention
ponds and construct one new detention pond. One new stormwater runoff pond was added by
the City within Round Lake Park in 2004 during construction of the Eden Prairie Road/Valley
View Road intersection project. One additional pond north of Valley View Road is proposed for
construction in 2006 by RPBCWD. The petition also included a request for construction of a
new dock and restocking with northern pike, however this work has not been completed at this
time.
RPBCWD is currently evaluating the Round Lake watershed for other treatment alternatives,
such as increased infiltration through construction of rainwater gardens in the watershed among
others. RPBCWD has stated that work on additional improvements, including those proposed in
the UAA,would likely not occur until 2008 or later.
Blue Water Science completed an Updated Lake Management Plan for Round Lake in December
2005. A copy of the Round Lake report is available on the City's web site in the Environment&
Water Resources section under Water Quality, or simply put in"Round Lake"in the search box.
The Round Lake Report concluded that the water quality in 2005 met the PCA's water quality
goals for a relatively unimpacted North Central Hardwood Forest ecoregion lake as well as the
Total Maximum Daily Load(TMDL)phosphorus criteria for a deep or shallow lake. The goals
include a water clarity average of 1.5 to 3.2 meters(4.9 to 10.5 feet)as measured by a Secchi
disc. The average Secchi disc for Round Lake in 2005 was 1.9 meters(6.3 feet). Aquatic plant
coverage was approximately 75%of the lake surface in 1997. Common species included
coontail, sago pondweed,bulrush and white waterlily. Curlyleaf pondweed and Eurasian
watermilfoil, two non-native species,were also identified.
City staff met with the RPBCWD and Department of Natural Resources(DNR) staff on February
8, 2006,to discuss the Updated Water Management Plan. Blue Water Science has submitted a
proposal based on the outcome of this meeting. The proposal includes the following for 2006:
• Aquatic plant survey to update the extent and density of non-native plants and to characterize
the native plant community
• Collection and analysis of water samples for fecal Coliform,phosphorus, chlorophyll a, and
water clarity
• Conduct a fish survey on three (3) stormwater ponds to determine if the fish are adversely
impacting water quality in the ponds
• Installation of barley straw into two stormwater ponds(Bren Lane pond and Round Lake
Park pond) for water quality improvement in the ponds and pond runoff
• Evaluation of goose management alternatives and assistance with permitting as needed
The DNR will be conducting a fish survey in 2006. Blue Water Science will evaluate the
information provided in the survey as part of the proposal.
The estimated cost for 2006 is $16,960 and will be paid from the storm water utility fund.
Attachments
Attachment 1 —Quote dated March 1,2006
�• �� ��!550 South Snelling Ave 651.690.9602
St. Paul MN 55116 (fax) 690.9602
@p
mccomas clink.com
QUOTE
Date: March 10, 2006
To: Leslie Stovring, Environmental Coordinator,City of Eden Prairie
From: Steve McComas,Blue Water Science
Regarding: Round Lake Improvement Projects for 2006
The overall objectives of 2006 Round Lake Improvement Projects are to maintain good lake
water quality and monitor the existing conditions.
Task 1. Aquatic Plant Surveys of Round Lake. The objective is to update the extent and the
density of non-native plants(curlyleaf pondweed and Eurasian watermilfoil)and to characterize
the native plant community. Aquatic plants appear to be instrumental to maintaining good water
quality in Round Lake.
Costs: Conduct two surveys - early summer and late summer.
Prepare a final report and compare results to previous plant surveys: $1,800/survey x 2
surveys=$3,600
Subtotal: $3,600
Task 2: Monitor Round Lake using a CAMP Level of Effort. We will sample the lake at the
same frequency that is recommended by the Met Council and for the same parameters. In
addition we will sample for fecal coliform bacteria in the beach area(2 times per month).
Costs: Two samples/month,May-September(10 visits)
4 hrs/sample x 10 visits=40 hours @ $90= $3,600
Total Phosphorus, Chlorophyll a= 10 samples @ $65=$650
Fecal coliform: 10 samples @$30= $300
Subtotal: $4,550
Task 3. Conduct a Fish Survey on Three Storm Ponds. Recent research has shown that
excessive numbers of fish, even if they are minnows, can cause poor water quality in ponds and
wetlands. It is suspected that fish may be exerting an adverse water quality impact in two key
storm ponds that drain to Round Lake. Small trapnets will be used to sample the fish population
in storm ponds AG2 (off of Bren Lane) and RLP(next to Round Lake). A third pond, in the
park,will be sampled as a reference pond.
Costs: 2-3 nets per pond, set for three days and sampled on two days. 5 hours/day/pond x 3
days= 15 hrs/pond @ $90= $1,350 x 3 ponds=$4,050
Subtotal: $4,050
Task 4. Use of Barley Straw to Improve Water Quality in Two Storm Ponds. Barley straw
has been shown to lower phosphorus concentrations in lakes and ponds. Phosphorus reduction in
storm ponds has two significant results: it will improve the ecology and aesthetics of the pond
and it will reduce phosphorus loading to the next receiving water body,in this case Round Lake.
We will add 350 pounds of barley per pond acre to AG2 (Bren Lane Pond) and RLP(Round
Lake Pond). If fish survey results indicate high fish densities in these ponds, we will add another
75 pounds of barley/acre in mid summer.
Costs: $2,000 for AG2 and$1,500 for RLP. Cost includes: cost of straw, straw delivery,labor
to install, and pond nutrient sampling, once per month for five months.
Subtotal: $3,500
Task 5. Goose Management. The long-term objective is to achieve passive goose
management. The target goose goal with allowance for some transitory visitors is set between
City staff and goose experts. To maintain those goals, the following items are intended to
improve the goose management program.
1. Install a"Scarecrow"device as a test to determine if the device can keep geese out of the
beach area.
2. Work with City staff and other appropriate agencies to evaluate feasible goose reduction
measures and to acquire permits that may be needed for future goose management
activities.
Costs:
14 hours @ $90=$1,260
Total Quote: $16,960
-2-
CITY COUNCIL AGENDA DATE:
SECTION: Director of Public Works March 21, 2006
DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C.#06-5671 ITEM NO.: XIII.E. 2.
Eugene A. Dietz Approve Professional Services
Public Works Agreement with S E H, Inc. for I/I Study
Requested Action
Move to: Approve Professional Services Agreement with Short,Elliott,Hendrickson, Inc.
(S E H)to prepare an Infiltration/Inflow(I/I) study and report of the sanitary sewer
system for an estimated fee of$223,000.
Synopsis
The Metropolitan Council Environmental Services(MCES)has mandated that communities
identified with excessive amounts of M develop a plan for removing it from their system. This
study by SEH, Inc.will monitor the flows in our sewer system and develop a strategy for
compliance with the mandate.
Staff recommends approval of the contract for services.
Background Information
MCES completed a lengthy study of the I/I impacts on the regional sanitary sewer system and
treatment plants in October, 2005. A number of communities were identified as having an
excessive amount of I/I,which is clear water that may enter the system from ground water
sources, sump pumps being directed into the sewer system and/or structural defects in manholes
allowing rainwater to enter. The overriding concern of MCES is that the excessive amount of I/I
will limit the ability for additional development in the seven-county area. In order to
"encourage"municipalities to remove the excessive amount of I/I from their systems, a rate
surcharge has been developed and will be applied to cities beginning in 2007. The annual rate
surcharge for Eden Prairie has been preliminarily estimated at$276,500. It is in our interest to
develop a plan to remove the excessive I/I from the system in order to avoid these penalty
surcharges.
I will be available at the Council meeting to elaborate on the details of this proposal.
Attachments
• S E H, Inc. Agreement
AGREEMENT
THIS AGREEMENT is made and executed the 21 st day of March.2006,by and between
the City of Eden Prairie , hereinafter referred to as the "Owner", and Short Elliot Hendrickson
Inc.hereinafter referred to as the"Consultant",
WITNESSETH;
Owner and Consultant,for the consideration hereinafter stated,agree as follows:
1. Consultant's Duties: The Consultant shall provide the services specified in the
Consultant's Proposal (hereinafter the Proposal) dated March 1. 2006 and shall do everything
required by this Agreement and the Proposal. Consultant shall fully and satisfactorily comply
with the conditions of the Proposal and complete the work contemplated by this Agreement in
accordance with the Proposal.
2. Price: Owner agrees to pay the Consultant a fee not to exceed the sum of
$223,000.00 as full and complete payment for the labor,materials and services rendered pursuant
to this Agreement.
3. Payment: Payments to the Consultant by the Owner shall be made as provided in
the Proposal.
4. Contract Documents: The Contract consists of the Proposal dated March 1,
2006 and the attached "General Conditions" dated February, 2001. The Proposal and General
Conditions are hereby incorporated with this Agreement and is as much a part of this Agreement
as if fully set forth herein. This Agreement and the Proposal are the Contract.In the event of any
conflict between the documents comprising the Proposal, the Owner's Request for Proposals,
shall govern in that order.
5. ComaIetion: The Consultant shall complete all services within seven months
G20J days of the NOTICE TO PROCEED in accordance with the terms and conditions set forth
in the Proposal.
6.- _Conflicts: No salaried officer or employee of the Owner and no officer of the
Owner-shall have a-financial interest, direct or indirect, in this contract The violation.of this
provision renders the Contract void. Applicable federal and state regulations and statutes shall
not be violated.
7. Claims: To receive any payment on this Contract,the invoice or bill must include
the following signed and dated. statement: "I declare under penalty of perjury that this account,
claim,or demand is just and correct and that no part of it has been paid."
8. Data Practices Act: The Contractor shall at all times abide by the Minnesota
Government Data Practices Act, Minn. Stat. § 1301, et seq., to the extent that the Act is
applicable to data and documents in the hands of the Contractor.
9. Audits: The books, records, documents, and accounting procedures and
practices of the Contractor or other parties relevant to this agreement are subject to examination
by the Owner and either Legislative Auditor or the State Auditor for a period of six years after
the effective date of this Contract.
10. Income,Tax Withholdinz. No final payment shall be made to the Contractor
until the Contractor has provided satisfactory evidence to the Owner that the Contractor and each
of its subcontracts has complied with the provisions of Minn. Stat. § 290.92 relating to
withholding of income taxes upon wages. A certificate by the Commissioner of Revenue shall
satisfy this requirement.
11. Worker's Compensation: Contractor represents and warrants that it has and will
maintain during the performance of this agreement worker's compensation insurance coverage
required pursuant to Minn. Stat. § 176.181, subd. 2 and that the certificate of insurance or the
written order of the Commissioner of Commerce permitting self insurance of worker's
compensation insurance coverage provided to the Owner prior to execution of this agreement is
current and in force and effect.
12. Discrimination: In performance of this contract, the Contractor shall not
discriminate on the grounds of or because of race, color, creed, religion, national origin, sex,
marital status, status with regards to public assistance, disability, sexual orientation, or age
against any employee of the Contractor,any subcontractor of the Contractor,or any applicant for
employment. The Contractor shall include a similar provision in all contracts with
subcontractors to this contract. The Contractor further agrees to comply with all aspects of the
Minnesota Human Rights Act, Minn. Stat. § 363.01, et seq., Title VI of the Civil Rights Act of
1964,and the Americans with Disabilities Act of 1990.
13. Conflicts: No salaried officer or employee of the Owner and no officer of the
Owner 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.
14._ Claims: To receive any payment on this Contract,the invoice or bill must include
the following.signed and dated statement: "I declare under penalty of perjury that this account,
claim,or demand is just and correct and that no part of it has been paid."
15. Contractor's Prompt Payment of Subcontractors: The Contractor shall pay to
any subcontractor within ten(10)days of the Contractor's receipt of payment from the Owner for
undisputed services provided by the subcontractor. The Contractor shall pay interest of one and a
half percent (1 V2%) per month or any part of a month to a subcontractor on any undisputed
amount not paid on time to the subcontractor. The minimum monthly interest penalty payment
for an unpaid balance of$100.00 or more is $10.00. For an unpaid balance of less than$100.00,
the Contractor shall pay the actual amount due to the subcontractor.
16. Prevailing Wage. Not applicable.
17. Counteruarts: This Agreement may be executed in multiple counterparts each of
which shall be considered an original.
18. Whole Agreement: This Agreement and the Contract Documents constitute the
final and complete agreement of the parties and shall supersede and replace any prior oral or
written agreements between Owner and Contractor. Any subsequent modification must be in
writing signed by both parties.
19. Governing Law: This Agreement shall be governed and construed under the laws
of the State of Minnesota and the parties agree that any actions arising out of or related to this
agreement shall be venued in the State of Minnesota,Hennepin County District Court.
IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands as
of the date set forth above.
CITY OF EDEN PRARUE
By
Nancy Tyra-Lukens,Its Mayor
By
Scott Neal,Its City Manager
CONSULTANT
By
Its /
ep\genaW\ConsuWng Contact
J
SEH
March 1,2006 RE: Eden Prairie,Minnesota
Infiltration/Inflow Analysis Work Plan
SEH No.P-EDENP0602.00
Mr.Ed Sorensen
Utility Operations Project Manager
City of Eden Prairie
8080 Mitchell Road
Eden Prairie,MN 553d d 4485
Dear Ed:
The Metropolitan Council Environmental Services (MCES) has evaluated-its interceptors and treatment
plants capacity for long-term metro area growth.The capacity taken up by the addition of infiltration and
inflow (III) is a critical issue for MCES, as it substantially impacts future capital expenditures. To meet
the growing needs in the metro area, MCES is implementing surcharges to communities that produce
significant peak hour inflow demands on the MCES interceptor collection and treatment system Based on
MCES flow meter records,Eden Prairie's inflow contribution appears to be one of the communities above
the accepted peak hour flow rates established during a recent study of VI in the metro area.
Short Elliott Hendrickson Inc:(SEH appreciates the opportunity to submit this Agreement to the City of
Eden Prairie for engineering services for the first phase of Investigative Work Plan to reduce I/I from the
Eden Prairie wastewater collection system This proposal is based on the results of our previous meetings
and represents our discussions to divide the flow monitoring work into two phases due to the overall
complexity of the current sanitary sewer collection system
Purpose and Objectives
The purpose of this Work Plan is to identify the scope of services necessary to complete the first phase to
address infiltration./inflow(I/I)issues for the City of Eden Prairie.Phase I will consist of the investigation
work tasks to isolate UI,in the sections of the MCES interceptor system running through the City of Eden
Prairies, and propose recommendations for future.VI abatement activities. The remaining phases will be
-- .
developed based on recommendations from the results of the initial phase of field investigations and
discussions with City staff and Council.The main objective of this study will be to help identify areas of
the City that are contributing significant amounts of peak I/1 flows and, to identify the best method to -
mitigate those sources of peak I/I flow so that the City can avoid MCES wastewater surcharges. -
Work Scope
The attached Work Plan identifies the scope of work for completing the first phase of an I/I analysis of
Eden Prairie's sanitary sewer system.This first phase will consist of a review of past I/I abatement work
conducted by City personnel, sanitary sewer flow monitoring, groundwater monitoring, documentation
and analysis of the current flow monitoring results and recommendations on future work tasks to identify
and remove inflow sources. SEH will provide the City with a Phase I report that summarizes results from
groundwater and flow monitoring data collected during the study,along with an implementation plan and
recommendations for future actions.The work scope is as follows:
Short Elliott Hendrickson Inc.,3535 Vadnais Center Drive, St.Paul,MN 55110-5196
SEH is an equal opportunity employer I www.sehinc.com I 651.490.2000 1 800.325.2055 1 651.490.2150 fax
i
Mr.Ed Sorensen
March 1,2006
Page 2
Task 1.0—Background Data Collection
SEH will collect all historical information on the wastewater collection system such as previous I/I
reports, maintenance logs of collection system repairs, previous collection system inspection data logs,
inventory map of the storm sewer and wastewater collection system, wastewater treatment plant flow
records and any other appropriate data that may help complete the study. SEH will review available
information on the age, size, type, footage, construction materials and general physical condition of the
City's trunk and collector sewer lines.
Task 2.0—Review MCES Flow Data
SEH will meet with MCES staff and collect all pumping records from the permanent meter locations used
by MCES to determine the City of Eden Prairie's wastewater invoices. SEH will review all MCES
calculations for accuracy which are used to calculate the volume of I/I generated in Eden Prairie.During
flow monitoring of the Eden Prairie sanitary collection system, SEH staff will request additional MCES
flow data to coordinate results from the portable meter locations. SEH also proposes to coordinate
meetings between City staff and MCES staff to discuss MCES data and the condition of MCES
interceptors.
Task 3.0—Perform Field Investigation
SEH field crews will locate and perform a quick visual inspection of the manholes along the MCES
interceptor lines in low areas to evaluate the potential of inundation or flooding along the northern side of
Eden Prairie.
SEH field crews will inspect potential flow meter manhole locations to determine if they are acceptable
places for obtaining quality wastewater flow results. Field crews will evaluate alternative manhole
locations if preliminary sites are unsuitable for long-term monitoring.
Task 4.0—Correlate Lift Station Data with Climatic Data
SEH will contact the National Weather Service for rainfall records from the local weather observation
station in Eden-Prairie. We will assess the need for additional equipment to supplement the information
available from the local station. SEH will select a few historical rainfall events from the past years and
correlate VI impacts to Eden Prairie's lift stations. The City will provide daily wastewater flows from
their existing lift stations for the evaluation.
SEH will review the data collected from the MCES to establish a normal dry weather wastewater flow for
comparison of the data collected during the flow monitoring under Task 5. SEH will meet with City staff-
review.-and.-discuss our preliminary. findings. ----_-_--
Task 5.0—Flow Monitoring --
Based on the results of Task 4, SEH will install,as necessary,a continuously recording rain gauge within .
the study area to verify or supplement the results. As part of the monitoring program, SEH will perform
the following tasks:
As depicted in the attached sewer district schematic, SEH will install and monitor 39 ISCO Model
2150 portable flow meters and one ISCO 4501 pump station monitor for a total of 40 portable flow
meters during the spring and summer months (5 months total) to isolate I/I in selected areas of the
City. The ISCO flow meters record depth and velocity measurements from a pressure transducer
mounted at the invert of the pipe where the flow is to be determined. The location of the areas to be
monitored are depicted on the attached Figure.
Mr.Ed Sorensen
March 1,2006
Page 3
i
Each meter location will be checked at a minimum of every two weeks to determine if the units are
functioning properly and the flow conditions are consistent with the original installation. During
routine maintenance,each flow meter will be interrogated with the ISCO Field Wizard Model 2101 to
collect the latest flow data for review and analysis.
• To evaluate the potential relationship among groundwater, I/I and depth of groundwater to sanitary
sewer elevation, SEH will hire a drilling subconsultant to install six piezometers to monitor
groundwater elevations around the City. During the routine meter maintenance, field staff will take
water level readings from the piezometers for later evaluation.
• Additional months of flow monitoring in 2006 may be exercised by the City depending on the results
of the initial flow monitoring to capture the impact of snow melt or additional storm events.SEH will
meet with City staff prior to metering equipment removal in the summer and review the data to
determine the need for additional flow monitoring after the initial five month period.
Task 6.0—Data Analysis
SEH will take all the flow monitoring data collected during the previous task and,using ISCO Flowlink
software, determine the amounts of I/I entering each contributory sewer district isolated by the portable
flow meters.For each sewer district,SEH will determine the following:
• Normal dry weather wastewater flow by area.
• I/I contribution from each sewer district by determining the amount of III generated by inch of
rainfall. To accomplish this, a significant number of rainfall events will be required to determine I/I
volume and to correlate this value with rainfall intensity. By statistically calculating a number of
rainfall events it will be easier to develop an III baseline value to use in determining future I/I
abatement measures. Unfortunately,individual storm events can and frequently do produce different
results.
• Present flow monitoring results by sewer district.
• Annual amount of sanitary sewer flow into the City's system from neighboring communities.
Task 7.0—111 Abatement Recommendations
SEH will provide a recommended course of action to cost-effectively eliminate I/I from the wastewater
collection system to include:
Discussion-of-the work tasks. ,-
-A-map-delineating areas with high I/I potential by priority.
Establish a"baseline"to measure the effectiveness of the abatement plan.Identify future investigative
measures to identify and eliminate future I/I sources.
• Review funding methods for plan implementation.
• Analyze major III sources and estimate volumes that could potentially be contributed from each
source.
• Discuss maintenance measures to reduce I/I,including a discussion of the effectiveness and estimated
costs of performing each measure.
• Prepare a prioritized list of capital improvement projects for III reduction that includes an analysis of
the cost-effectiveness of each measure.
i
i
Mr.Ed Sorensen
March 1,2006
Page 4
Prepare recommendations for an VI abatement program that will help the City and MCES manage
clear water entering the sanitary collection and interceptor sewer system.
SEH will document and summarize the results of the tasks completed under this work scope and present
two draft report copies of our findings prior to finishing the project.We will meet with staff to discuss our
findings and, upon receipt of the City's comments, incorporate the appropriate revisions into the final
draft.We will provide one electronic version and 12 hard copies of the final draft report.
Schedule
SEH has prepared a preliminary schedule based on an anticipated project award date of March 27, 2006.
The attached project schedule provides specific milestones for completion of individual tasks and project
coordination with City staff.
Notice to Proceed March 27,2006
Background Review March 27-April 8,2006
MCES Data Review March 27-April 15,2006
Field Reconnaissance March 27-April 15,2006
Review Local Rainfall Rcds/Eval.Lift Station Data March 27-April 15,2006
Determine Dry Weather Flows April 8-22,2006
Flow Meter Installation April 8-22,2006
Groundwater Piezometer Installation April 8-May 5,2006
Flow Monitoring Data Collection April 8-September 8,2006
Flow Meter Removal* September 8-15,2006
Flow Monitoring Analysis* June 1-September 8,2006
Develop IR Abatement Plan* August 7-September 21,2006
Draft/Final* September 21-October 13,2006
*Dates may change depending on the flow monitoring results in the Spring and Summer of 2006.
Project Cost
The estimated project cost for completion of all tasks listed in the work scope is provided in the attached - -
spreadsheet.Our estimate is based on the following assumptions:
• City will locate,,provide access,and access equipment to all manholes as needed.
• City will make available,in a timely manner,all records and pertinent information including archival - -
---------records,-video-tapes and television logs of sewer-pipe,-domestic-water consumption-records,-and
station pumping records.
• City will perform collection system cleaning as needed to support the investigation tasks listed m the
work scope. _
i
i
j Mr.Ed Sorensen
j March 1,2006
j Page 5
I
Project invoices would be prepared monthly along with a progress report identifying the work completed
each month and an update on the project schedule.
Sincerely,
SHO O RICKSON INC.
J�
y V Note,PE Alva Rankin
Project anger UI Program Leader
sll
Attachment
rlco�catiops�yeavy eivi71su1mttta1s12006�edmp0602.doc .
Infiltration/inflow Study
City of Eden Prairie,Minnesota
Project Cost Estimate
Client Project Project Field GIS CADD
Service Manager III Specialist Engineer Technician Technician Technician Admin.Tech Total labor
Manager
Task Labor Hours
1.0 Background Data Collection 2 8 2 4 2 $2,426
2.0 Evaluate Existing MCES Flow Data 4 12 2 4 $2,413
3.0 Perform Field Reconnaissance 6 12 18 $3,686
413
4.0 Review/Evaluate Rainfall Records and Lift Station Data 4 24 1 4 2 4 $4,051
5.0 Perform Flow Monitoring
5.1 Order E ui menUPre for Installation 2 30 $2678
5.2 Field Install Monitoring ,
Equipment ment 4 30 120 $13,388
5.3 Meter Maintenance-Biweekly 4 12 176 $15,813
5.4 Remove Flow Meters 12 80 2 $7,760
5.5 Recon Groundwater Monitoring Well Site Locations 2 8 2 $1 082
6.6 Obtain Bid Quotes and Perform Oversight 20 $1,575
6.0 Flow Monitoring Analysis and Results 10 2 220 1 2 4 $27,143
7.0 Develop III Abatement Plan 10 2 1 60 i 4 �2O
8 $11,861
8.0 Draft/Final Report Review 2 6 2 16 B 4 11,86
Labor Hours Subtotal 4 60 8 422 472 8 18
Total Labor Costs $98,209
Project Relmbursible Expenses
1!.Lease equipment
Portable Flow Meters(40 meters for 5 months 0$573/mo.per unit) $114,600
Rain gauge(5 months 0$200/mo.unit per unit) $1 000
2.Drilling Subconsuitant(4 wells-30 feet each D$45/ft) $5,400
3.Mileage(40 trips-120 mi/bip®$.455/mi.) $2,190
4.Supplies-Batteries,meter hangers,etc. $1,192
5.Report production $359
Total Reimburslble Expenses $124,741
Total M Project Costs $222,950
EDENPRIURIECost Estimate
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TREATMENT PLANF
-- CIIY 4)F EDEN.PRAIRIE SANITARY SEWER D13TRUCTS :
i
CITY COUNCIL AGENDA DATE:
March 21,2006
SECTION: Reports of the Fire Chief
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIII. G. 1.
George Esbensen,
Fire Department Fire Station 4 Contractor Bid Award
Requested Action
Move to award contract for General Contractor for construction of Fire Station#4 to CM Construction.
Synopsis
Fire Station#4 was budgeted for in the Capital Improvement Plan for 2006-2010. The current plan is to
issue debt for this project in May of 2006.
Background Information
In October 2005,the bid process for the project resulted in projected costs much higher than anticipated.
After review of the bids and an exhaustive analysis of the reasons for the higher costs,staff decided to
wait until later in the year to reopen the process and target a spring ground-breaking. Many of the cost
issues were attributable to:
1. Winter construction,which results in higher labor and fuel costs
2. The uncertainties of material costs as a result of Hurricanes Katrina and Rita,which caused bidders to
hedge for unprecedented increases
3. Contractors interpreted certain specifications incorrectly
4. Soil mitigation and pavement sections for the parking and apron areas were determined to be over-
engineered
In the months following the October bid opening,staff focused attention on these areas and made some
design changes. These efforts,along with a more competitive market and an increased number of
bidders,proved beneficial.
Lowest Three Bids October 2005 Lowest Three Bids February 2006
Ebert Construction$2,888,000 CM Construction$2,592,000
Rochon Corporation$2,890,000 Gen Con$2,646,000
CM Construction$3,000,000 Rochon Corporation$2,655,000
The difference between CM Constructions' bid from October 2005 and February 2006 is$408,000 or a
reduction of almost 15%. As part of our due diligence process,all sub-contractors and references have
been reviewed and it is the determination of the Fire Chief,the Architect,and the Owners Representative/
Project Manager that CM Construction should be approved. The attached documentation details the bids
received and a recommendation from the Architect SEH.
The proposed schedule is as follows:
May 1,2006 Construction starts
March 23,2007 Substantial completion
May 18,2007 Project complete
Attachments
Architect's Recommendation
SEH
March 13,2006 RE: Eden Prairie Fire Station#4
Eden Prairie,MN
SEH No.:A-EDENP0405.00 14
Scott Neal,City Manager
City of Eden Prairie
8080 Mitchell Road
Eden Prairie,MN 55344
Dear Mr.Neal:
Bids were opened at the Eden Prairie City Hall at 2:00 p.m. on February 23, 2004, for the above-
referenced improvement. The low bid was submitted by CM Construction Company, of Burnsville,MN.
A complete tabulation of bids is enclosed.
In my opinion, CM Construction is the lowest,responsive/responsible bidder, and I recommend award to
them based on their base bid of$2,592,000.00 with no alternates.
I will process the Owner/Contractor Agreement when I receive confirmation from you that the City
Council has approved the submitted bids, and approves awarding a Construction Contract to CM
Construction Company at the March 21,2006 City Council Meeting. Please contact me if you have any
questions.
Sincerely,
SHORT ELLIOTT HENDRICKSON INC.
Miles D.Britz,AIA,L
Sr.Project Architect/Manager
Attachment
c: Steve Koering,Assistant Fire Chief
George Esbensen,Fire Chief
File
tk,cerchWnvnUWsc fb=M-recommend bidderdac
Short Elliott Hendrickson Inc.,Butler Square Building,Suite 710C, 100 North 6th Street,Minneapolis,MN 55403-1515
SEH is an equal opportunity employer www.sehinc.com 1 612.758.6700 1 866.830.3388 1 612.758.6701 fax
SEH Bid Tabulation
Project Name: Eden Prairie Fire Station#4 SEH Construction Estimate: $ 2,587,646
Owner: City of Eden Prairie,MN
SEH No.: A-EDENP0405.00
BIDS DUE. February 23,2006 at 2:00 p.m.
CONTRACTOR ALTERNATE BIDDER PROJECT DINOW COL US. BID RECEIPT OF
BASE BID `ADDENDA
NO. 1 QUAL. REFERENCES AFFIDAVIT AFFIDAVIT SECURITY No. 1,2, 3
1 CM
Construction $2,592,000 $ 0_ Yes Yes Yes Yes Yes Yes
2 Gen Con $2,646,000 $ 5,000 Yes Yes Yes Yes Yes Yes
3 Rochon Corp $2,655,000 $ 0 Yes Yes Yes Yes Yes Yes
4 Ebert
Construction $ 2,714,000 $4,800 Yes Yes Yes Yes Yes Yes
5 Shaw Lundquist
Assoc. $ 2,813,000 $ 6,500 Yes Yes Yes Yes Yes Yes
6 Jorgenson
Construction $2,829,000 $ 0 Yes Yes Yes Yes Yes Yes
7 Mor Con
Construction $ 2,837,600 $ 16,500 Yes Yes Yes Yes Yes Yes
8 Frerichs
Construction $2,924,700 $40,000 Yes Yes Yes Yes Yes Yes
9 Greystone
Construction $ 2,960,445 $ 10,000 Yes Yes Yes Yes Yes Yes
U--%A U ".Q-W •BCq"[VTABUlLAT10N W NOSGtt ( G March 14,2006
ALTERNATE BIDDER PROJECT NOW NOW BID RECEIPT OF
CONTRACTOR BASE BID NO.1 QUAL. REFERENCES DISCRIM. COLLUS. SECURITY ADDENDA
AFFIDAVIT AFFIDAVIT No. 1, 2, 3
10 Merrimac Const. $ 3,052,000 $ 7,161 Yes Yes Yes Yes Yes Yes
11 McFarland
Construction $ 3,248,000 $ 7,500 Yes Yes Yes Yes Yes Yes
FW Gordon NO BID $ Yes/No Yes/No Yes/No Yes/No Yes/No Yes/No
Lund Martin
Construction NO BID $ Yes/No Yes/No Yes/No Yes/No Yes/No Yes/No
Met Con Metro NO BID $ Yes/No Yes/No Yes/No Yes/No Yes/No Yes/No
Magney
Construction NO BID $ Yes/No Yes/No Yes/No Yes/No Yes/No Yes/No
Rice Lake
Construction NO BID $ Yes/No Yes/No Yes/No Yes/No Yes/No Yes/No
Thor
Construction. NO BID $ Yes/No Yes/No Yes/No Yes/No Yes/No Yes/No
Alternate No. 1: Deduct to dispose of excess soils on Mn/DOT property to adjacent south,in lieu of exporting off site.
[st]
UAEIEDENA040500\6-81DG\B1DTAEULA7ION W NOS022406.DOC March 14.20D6