HomeMy WebLinkAboutCity Council - 07/17/2007AGENDA
CITY COUNCIL WORKSHOP & OPEN FORUM/OPEN PODIUM
TUESDAY, JULY 17, 2007 CITY CENTER
5:00 - 6 :25 PM, HERITAGE ROOM II
6:30 - 7:00 PM,COUNCIL CHAMBER
CITY COUNCIL: Mayor Phil Young, Council Members Brad Aho, Sherry Butcher, Jon
Duckstad, and Kathy Nelson
CITY STAFF: City Manager Scott Neal ,Police Chief Rob Reynolds ,Fire Chief George
Esbensen ,Public Works Director Eugene Dietz, Community Development Director Janet
Jeremiah ,Parks and Recreation Director Jay Lotthammer ,Communications Manager Joyce
Lorenz ,Assistant to the City Manager Michael Barone ,City Attorney Ric Rosow, and Recorder
Lorene McWaters
Heritage Room II
1.EXTERIOR MAINTENANCE CODE AND RENTAL HOUSING INSPECTION
PROGRAM
Council Chamber
II.OPEN FORUM
III.OPEN PODIUM
IV.ADJOURNMENT
AGENDA
EDEN PRAIRIE CITY COUNCIL MEETING
TUESDAY, JULY 17, 2007 7:00 PM,CITY CENTER
Council Chamber
8080 Mitchell Road
CITY COUNCIL: Mayor Phil Young, Council Members Brad Aho, Sherry Butcher, Jon Duckstad,
and Kathy Nelson
CITY STAFF: City Manager Scott Neal ,Parks &Recreation Director Jay Lotthammer ,Public
Works Director Eugene Dietz ,City Planner Michael Franzen ,Community Development Director
Janet Jeremiah ,City Attorney Ric Rosow and Council Recorder Carol Pelzel
1.ROLL CALL / CALL THE MEETING TO ORDER
II.PLEDGE OF ALLEGIANCE
III.COUNCIL FORUM INVITATION
IV.PROCLAMATIONS / PRESENTATIONS
V.APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
VI.MINUTES
A.SPECIAL AIRPORT WORKSHOP HELD JUNE 11, 2007
B.COUNCIL WORKSHOP HELD TUESDAY, JUNE 19, 2007
C.CITY COUNCIL MEETING HELD TUESDAY, JUNE 19, 2007
VII.REPORTS OF ADVISORY BOARDS &COMMISSIONS
A.CONSERVATION COMMISSION
VIII.CONSENT CALENDAR
A.CLERK'S LICENSE LIST
B.LIFE CHURCH Second Reading of the Ordinance for the Planned Unit
Development District Review on 7.96 acres, Zoning District Amendment within the
Public Zoning District on 7.96 acres, Resolution for the Site Plan Review on 7.96
acres .Location: 14100 Valley View Road. (Ordinance for PUD District Review
and Zoning District Amendment; Resolution for Site Plan Review)
C.LARIAT CENTER - APPLEBEE'S Second Reading of the Ordinance for the
Planned Unit Development District Review on 5.85 acres and Zoning District
Amendment in the Commercial Regional Service District on 5.85 acres and
Resolution for Site Plan Review on 5.85 acres. Location: Prairie Center Drive &
Joiner Way. (Ordinance for PUD District Review and Zoning District
Amendment; Resolution for Site Plan Review)
CITY COUNCIL AGENDA
July 17, 2007
Page 2
D.LARIAT CENTER III ADDITION Second Reading of the Ordinance for the
Planned Unit Development District Review on 3.96 acres, and Zoning District
Amendment within the Commercial Regional Service Zoning District on 3.96 acres,
Resolution for Site Plan Review on 3.96 acres. Location: Prairie Center Drive &
Crystal View Road. (Ordinance for PUD District Review and Zoning District
Amendment ;Resolution for Site Plan Review)
E.WILSON RIDGE OFFICE BUILDING Second Reading of the Ordinance for
Planned Unit Development District Review on 6.89 acres and Zoning District
Amendment in the Office Zoning District on 6.89 acres, Resolution for Site Plan
Review on 6.89 acres Location: 7480 Flying Cloud Drive. (Ordinance for PUD
District Review and Zoning District Amendment ;Resolution for Site Plan
Review)
F.ADOPT RESOLUTION APPROVING FINAL PLAT OF WILSON RIDGE 4'
ADDITION
G.APPROVE CHANGE ORDER NO. 2 FOR HILLTOP ROAD IMPROVEMENT
PROJECT, I.C. 05-5642
H.APPROVE RELEASE OF LAND FROM SPECIAL ASSESSMENT
AGREEMENT AND AMENDED SPECIAL ASSESSMENT AGREEMENT
(LOTS 1 AND 2, BLOCK 1 HORIZON 2ND ADDITION)
1.ADOPT RESOLUTION SUPPORTING APPLICATION FOR BONDING
BILL FUNDING
J.DECLARE OBSOLETE COMPUTER EQUIPMENT AS SURPLUS
K.APPROVE 2008 & 2009 AUDIT SERVICES FROM MALLOY, MONTAGUE,
KARNOWSKI, RADOSEVICH, & CO. P.A.
IX.PUBLIC HEARINGS / MEETINGS
A.VACATION OF PART OF THE DRAINAGE AND UTILITY EASEMENT
OVER LOT 1,BLOCK 1 ,REUTER (VACATION 07-01) (Resolution)
B.VACATION OF DRAINAGE AND UTILITY EASEMENT WITHIN
WHISPERING RIDGE SUBDEVELOPMENT (VACATION 07-04)
(Resolution)
X.PAYMENT OF CLAIMS
XI.ORDINANCES AND RESOLUTIONS
XII.PETITIONS, REQUESTS AND COMMUNICATIONS
XIII.APPOINTMENTS
CITY COUNCIL AGENDA
July 17, 2007
Page 3
A.STUDENTS ON COMMISSIONS
B.CONSERVATION COMMISSION
C.COMMUNITY ADVISORY COMMITTEE FOR THE SOUTHWEST
TRANSITWAY
XIV.REPORTS
A.REPORTS OF COUNCIL MEMBERS
B.REPORT OF CITY MANAGER
C.REPORT OF COMMUNITY DEVELOPMENT DIRECTOR
D.REPORT OF PARKS AND RECREATION DIRECTOR
E.REPORT OF PUBLIC WORKS DIRECTOR
1.Water Conservation
F.REPORT OF POLICE CHIEF
G.REPORT OF FIRE CHIEF
H.REPORT OF CITY ATTORNEY
XV.OTHER BUSINESS
XVI.ADJOURNMENT
ITEM NO.: VI.A.
UNAPPROVED MINUTES
SPECIAL CITY COUNCIL WORKSHOP ON FLYING CLOUD AIRPORT
TUESDAY, JUNE 11, 2007 CITY CENTER
6:00 PM,HERITAGE ROOM II
CITY COUNCIL: Mayor Phil Young, Council Members Brad Aho, Sherry Butcher, Jon
Duckstad, and Kathy Nelson
CITY STAFF: City Manager Scott Neal, Senior Planner Scott Kipp ,City Attorney Ric Rosow,
and Recorder Lorene McWaters
1.CALL THE MEETING TO ORDER
Mayor Young called the meeting to order at 6:05 p.m. Council Member Duckstad was
absent.
II.PRESENTATIONS
Senior Planner Scott Kipp reviewed the timeline of events related to Flying Cloud
Airport.
City Attorney Ric Rosow reviewed the 2002 Final Agreement and Memorandum of
Understanding (MOU) between the City of Eden Prairie and the Metropolitan Airports
Commission (MAC).
III.COUNCIL DISCUSSION
Mayor Young opened the meeting up for Council discussion. Council Member Butcher
introduced a draft resolution regarding the airport. Butcher said she drafted the resolution
in response to the resolution proposed by a group of residents at the June 4 Council
Meeting, which City Attorney Ric Rosow deemed ill-advised. Butcher's resolution states
that the City will not encourage or support any expansion of the airport beyond the 2002
agreements. She said she feels it is imperative to demonstrate that the City Council still
supports the Final Agreement and MOU.
Butcher said she has been involved in the airport dispute since 1996. She noted all
previous Council's have opposed expansion of Flying Cloud Airport. She said both the
City and MAC made concessions as part of the 2002 agreement, including the City's
agreement not oppose or advocate expansion of the airport. If the agreement is breached,
MAC is released from its obligations. Butcher said the City agreed to support extension
of water and sewer to the airport as well as hangar and landscape improvements. Butcher
said she feels these promote a safer airport environment.
Mayor Young said the Council needs to be careful in how it responds to citizens. He said
Council normally conducts its business by taking action on items on the Council agenda,
rather than responding to public statements. Young said he would rather talk about
CITY COUNCIL WORKSHOP MINUTES
June 11, 2007
Page 2
specifics, particularly the three actions this council has taken regarding the airport.
Young asked who will be responsible for interpreting Butcher's resolution six months
down the road. He said if there are concerns about lobbying for the airport or procuring
federal funds, the Council should discuss that. Aho said he also is concerned about
passing a resolution that says the City will do what it has already said it will do. He said
all of the Council Members have stated they support the agreements.
Council Member Nelson said she feels some sort of resolution is necessary. She said
there is a question in people's minds about whether or not the City will remain neutral on
expanding runways. She said the Council needs to state whether or not it is in fact
neutral. She said Council may want to consider including language on lobbying or
advocating for funding.
Mayor Young said all three airport-related items that came before Council this year were
passed unanimously. He said a resolution is necessary only if there is an actual problem,
rather than a problem of perception. He said he has never called a meeting about the
airport and has never placed a call to "cheerlead for the airport. He said it is not the
Council's job to lobby for the airport, and he doesn't think they have done so. He said
City Manager Scott Neal's revised letter to legislators adequately clarified the City's
position on the airport.
Butcher said it is important to recognize some people are still uncomfortable with the
Council's position on the airport, and her resolution would address that. The resolution
includes a clause that addresses extension of sanitary sewer. Butcher said the discussion
about security at the airport needs to continue, and money will be needed to address it.
Young agreed that security at the airport needs to be addressed. Aho said he would
encourage MAC to increase security and improve utilities, but beyond that it is not the
City's job to tell MAC what to do.
Butcher asked why those thoughts could not be included in a resolution. Aho said he
does not think it is necessary. He asked why Council should risk polluting the original
agreements with another resolution. Council Member Nelson said since the agreements
require the City to be neutral on expansion of the airport, the Council should state that
position in terms everyone understands.
She also said The Flying Cloud Airport Advisory Commission's work plan goal of
improving existing hangar stock could use clarification. She suggested reiterating that
that the goal refers to encouraging businesses to upgrade their hangar stock. Young said
he cannot imagine the City spending a nickel to upgrade hangars, but the City can
provide design guidelines that are consistent with the area aesthetics. City Manager Scott
Neal said he hopes the City would not get in the way of a private company that wants to
pay to improve the aesthetics of their hangars. Council Members Butcher and Nelson
agreed, but noted that the owners would have to go through the regular planning process.
Kipp said there are an architectural guideline manual and a rough draft of an airport
zoning code. Aho noted that the City does not have the authority to mandate design
guidelines for the airport.Kipp agreed, but noted that so far MAC has indicated they are
comfortable with them. Aho said that is one more reason the City should maintain a
CITY COUNCIL WORKSHOP MINUTES
June 11, 2007
Page 3
good relationship with MAC. Kipp suggested that the City have further conversations
with MAC on the Guide Plan, and perhaps MAC will be willing to support it.
Butcher asked if buildings at the airport have sprinklers. Kipp said the new ASI hangar
has sprinklers ,but they are "dry since water and sewer have not been extended to the
airport.Nelson noted that MAC rejected the City's offer of financing for sewer and
water, but Kipp said the project is listed in MAC's 2008 Capital Improvement Plan.
Young said that if and when MAC decides to expand Flying Cloud Airport ,there will be
Council discussions on the topic. Neal said the City would also be involved in issues
affecting the larger community ,such as development of hauling routes.
Nelson said Council did not discuss the legislative agenda in depth at the February 6
meeting, because it came at the end of a lengthy council meeting. She said revisiting or
eliminating the legislative agenda might be helpful. The Airport Funding paragraph of
the legislative agenda reads as follows :"The City Council supports the plans of the
Metropolitan Airports Commission to improve the buildings , infrastructure and facilities
at Flying Cloud Airport. The City Council authorizes Council Members and staff to seek
federal support to advance the MAC 's improvement plans at Flying Cloud. "
Young said the term "supports was adequately addressed in the follow-up letter Scott
Neal sent to legislators .Nelson said she reads "improve the buildings, infrastructure and
facilities as site improvements rather than the extension of runways .Aho said that was
his understanding as well .Butcher said facilities refers to lighting ,gates ,and other
security features ;infrastructure refers to sewer and water ;and buildings refers to hangars.
Butcher said it the language in the Federal Legislative Agenda is similar to that of the
MOU. Neal confirmed that the wording was based on the MOU.
Butcher said she still wants to bring forth her resolution at the June 19 Council meeting,
especially since Council Member Duckstad has not had a chance to comment on it.
Young said he still does not support a resolution.
Council Member Aho commended the Flying Cloud Airport Advisory Commission for
their work.
IV.ADJOURNMENT
Mayor Young adjourned the meeting at 7:15 p.m.
ITEM NO.: VI.B.
UNAPPROVED MINUTES
CITY COUNCIL WORKSHOP & OPEN FORUM /OPEN PODIUM
TUESDAY, JUNE 19, 2007 CITY CENTER
5:00 - 6 :25 PM, HERITAGE ROOM II
6:30 - 7:00 PM,COUNCIL CHAMBER
CITY COUNCIL: Mayor Phil Young, Council Members Brad Aho, Sherry Butcher, Jon
Duckstad, and Kathy Nelson
CITY STAFF: City Manager Scott Neal, Police Chief Rob Reynolds, Fire Chief George
Esbensen ,Public Works Director Eugene Dietz, Community Development Director Janet
Jeremiah ,Parks and Recreation Director Jay Lotthammer, Communications Manager Joyce
Lorenz ,Assistant to the City Manager Michael Barone ,City Attorney Ric Rosow, and Recorder
Lorene McWaters
Heritage Room II
1.HOUSING & COMMUNITY SERVICES UPDATE
Housing and Community Services Manager Molly Koivumaki gave a PowerPoint
presentation on the services she and her staff provide, with an emphasis on the Human
Services component.The overview included information on immigration services,
contract services, the housing rehabilitation program, and the FamiLink Resource Center.
The Housing & Community Services staff includes:
•Molly Koivumaki - Manager
•Mary Keating - Community Services Coordinator
•Khadra Duale - Community Services Technician
•Jeanne Karschnia - Rehab Housing Technician (CDBG-funded position)
•Kerry Holtmeier Hallee - FamiLink Resource Center Coordinator (School District-
funded position)
Immigration Services
Community Services Technician Khadra Duale handles many of the immigration services
needs for Somalis, the City's largest immigrant population. She assists with work
permits, INS compliance, cultural interpretation and integration, and school
district/community group collaborations. In addition to working with individual
immigrants, Khadra works with City staff and the police, fire, and parks and recreation
departments, as well as the Eden Prairie School District, Hennepin County Library,
churches and neighborhood associations.
Contracted Services
Community Services Coordinator Mary Keating gave this portion of the presentation.
Koivumaki explained how the Human Services Review Committee selects providers and
sets funding levels.
Cornerstone, Family and Children's Services, the Family Center Plus Outreach Program,
and PROP provide contracted family services. The Storefront Group, the YMCA, and
Teens Alone provided youth services.Additional services are provided by Senior
Community Services, Meals on Wheels, Homeline, H.O.M.E., and the Emergency
Vehicle Repair Program.
Housing Rehabilitation Program
The Rehabilitation Loan Program is funded with Community Development Block Grant
funds. The program helps eligible home owners maintain their homes and properties
through low interest loans.
FamiLink Resource Center
The Familink Resource Center is a partnership between the City of Eden Prairie and Eden
Prairie Schools. FamiLink provides information and referrals on issues related to
housing, education, health care, legal services, financial assistance, employment, and
child care. The Resource Center Coordinator also serves on a number of area
committees.
Council Chamber
II.OPEN FORUM
A.Dan Kitrell
•Naming the Lake in Purgatory Park Recreation Area
Mr. Kitrell asked the Council to consider naming the lake in the Purgatory
Creek Recreation Area Lake Malaya. Mr. Kitrell and his wife were foster
parents to a girl named Malaya, who died after being removed from their
home. Mr. Kitrell was told his request would be discussed in conjunction
with the renaming of the Purgatory Creek Recreation Area during the regular
Council meeting.
B.Bob Fransen
•Geese
Mr. Fransen said he received information that said the City plans to kill all of
the Geese within the city. He asked the City to find more humane ways of
controlling the goose population. City Manager Scott Neal said the City does
have a goose management program, but that it involves removing only a
portion of the goose population.
•Beach Road
Mr. Fransen addressed Council about a garage that was left standing on a lot
on Beach Road after a house burned down a number of years ago. The garage
has been in disrepair and has been vandalized.City Manager Scott Neal said
the garage has recently been brought up to code; however, staff is in
discussions with the City Attorney about whether or not the City can order the
garage to be demolished.
C.Pat MulQueeny
•Flying Cloud Airport Resolution
Mr. MulQueeny, president of the Eden Prairie Chamber of Commerce, asked
Council to consider a Resolution regarding Flying Cloud Airport drafted by
the Chamber in response to a Resolution proposed by Council Member
Butcher at the City Council's Special Airport Workshop on June 11.
D.Jill Fritz
•Geese
Ms. Fritz said she is the regional director for the Humane Society of the
United States. She said there is no proven health threat from goose droppings,
and asked the City to reconsider its goose management program. She handed
out literature on alternative methods of controlling goose populations.
E.Todd S_iostrand
•Pioneer Trail Expansion
Todd Sjostrand spoke on behalf of his father, Floyd, who lives at 14150
Pioneer Trail.He said the family has spent a lot of time and effort to improve
the land and buildings, and they were surprised and disappointed to learn that
Hennepin County has recently changed plans for the Pioneer Trail
Improvement Project. The new plans call for taking the Sjostrand's property
to site a NURP pond that was originally located elsewhere.
F.Mona Shah
•Geese
Ms. Shah asked the City to reconsider how it carries out goose management.
III.OPEN PODIUM
IV.ADJOURNMENT
ITEM NO.: VI.C.
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL MEETING
TUESDAY, JUNE 19, 2007 7:00 P .M., CITY CENTER
Council Chamber
8080 Mitchell Road
CITY COUNCIL: Mayor Phil Young, Council Members Brad Aho, Sherry Butcher, Jon Duckstad and
Kathy Nelson
CITY STAFF: City Manager Scott Neal ,Parks & Recreation Director Jay Lotthammer, Public Works
Director Eugene Dietz ,City Planner Michael Franzen ,Community Development Director Janet
Jeremiah ,City Attorney Ric Rosow and Council Recorder Carol Pelzel
1.ROLL CALL / CALL THE MEETING TO ORDER
Mayor Young called the meeting to order at 7:00 p.m.
II.PLEDGE OF ALLEGIANCE
III.COUNCIL FORUM INVITATION
IV.PROCLAMATIONS/PRESENTATIONS
A.NATIONAL DAY OF THE COWBOY PROCLAMATION
Mayor Young read a proclamation proclaiming July 28, 2007, to be Day of the Cowboy
in the City of Eden Prairie, Minnesota.
V.APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
Aho asked to add two items under XIV. REPORTS OF COUNCIL MEMBERS.
MOTION: Aho moved, seconded by Nelson, to approve the agenda as published and amended.
Motion carried, 5-0.
VI.MINUTES
A.COUNCIL WORKSHOP HELD TUESDAY, JUNE 5, 2007
MOTION: Duckstad moved, seconded by Aho, to approve the minutes of the Council
Workshop held Tuesday, June 5, 2007, as published.Motion carried 5-0.
B.CITY COUNCIL MEETING HELD TUESDAY, JUNE 5, 2007
MOTION: Nelson moved, seconded by Butcher, to approve the minutes of the City
Council meeting held Tuesday, June 5, 2007, as published .Motion carried 5-0.
VII.REPORTS OF ADVISORY BOARD & COMMISSIONS
CITY COUNCIL MINUTES
June 19, 2007
Page 2
A.PARKS, RECREATION AND NATURAL RESOURCES COMMISSION
Geri Napuck, Vice-Chair of the Parks, Recreation and Natural Resources Commission,
presented an overview of the work done by the Commission in its advisory capacity to
the City Council. She reviewed the work they have done with nature trails, parks and the
new Community Center. The Commission also played a role in crafting an ordinance in
regulating park usage. Napuck said the Commission worked with the Veteran's Memorial
Committee and with partnerships including the School District, Three-Rivers Park
District and Friendship Ventures. Napuck reviewed with the Council future projects the
Commission will be working on including the creation of Cedar Hills Park, trail
expansions, expansion of Flying Cloud fields and the finalization of the construction of
the Community Center.
Butcher expressed her appreciation to the Commission for all of the work they have done.
The Parks are one of the great gems in the City and she knows the Commission works
hard to keep it that way. Young said that on behalf of the Council he too would like to
express his appreciation for the work the Commission has done.
VIII.CONSENT CALENDAR
A.AWARD CONTRACT FOR TECHNOLOGY DRIVE STREETSCAPE/
LANDSCAPE PROJECT, I.C. 07-5691
Duckstad said that since they are spending $280,000 for this project, he would like an
explanation of what the project is. Eugene Dietz, Public Works Director, explained that
this item had been addressed at the last City Council meeting. The project is to add the
final landscaping details to Technology Drive. Funds for this project are available from a
combination of sources including $130,000 through the ADC Special Assessment
project, $150,000 from the Capital Improvement Program and $40,000 from the water
surcharge fund.
B.APPROVE ANNUAL REPORT FOR PHASE II NPDES STORM WATER
PERMIT PROGRAM , I.C.02-5585
C.APPROVE ADDITIONAL CONSTRUCTION INSPECTION BUDGET FOR SRF
CONSULTING GROUP INC.FOR TH 212 /CHARLSON ROAD IMPROVEMENT
PROJECT,I.C. 05-5638
D.APPROVE CHANGE ORDER NO. 2 FOR TH 212/CHARLSON ROAD
IMPROVEMENT PROJECT , I.C. 05-5638
E.APPROVE CHANGE ORDER NO. 1 FOR LONE OAK CENTER TRAFFIC
SIGNAL PROJECT,I.C. 06-5675
F.APPROVE ADDITIONAL DESIGN PHASE SERVICES FOR SEH INC. FOR
VALLEY VIEW ROAD RECONSTRUCTION PROJECT,I.C. 02-5586
CITY COUNCIL MINUTES
June 19, 2007
Page 3
G.AWARD 2007 CITY CENTER ASPHALT PARKING LOT REPLACEMENT
CONTRACT TO MINNESOTA ROADWAYS CO.
H.APPROVE PLANS AND SPECIFICATIONS AND ORDER ADVERTISEMENT
FOR BIDS FOR PIONEER TRAIL STORM SEWER IMPROVEMENTS,
I.C. 07-5694
1.ADOPT RESOLUTION NO. 2007-71 APPROVING CONTRACT WITH THE
STATE OF MINNESOTA FOR THE INSTITUTION COMMUNITY WORK CREW
J.APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SRF
CONSULTING TO PREPARE A TOWN CENTER STREETSCAPE MASTER
PLAN
In response to a question from Duckstad, Janet Jeremiah, Community Development
Director, explained that this agreement would be for the Town Center streetscape master
plan. Staff is moving forward with the Town Center Phase I Redevelopment Plan at the
southwest corner of Flying Cloud Drive and Singletree Lane. Funds for this project will
be utilized from the sale of the old police station.
Duckstad asked if there are any services City staff can provide to reduce this cost.
Jeremiah answered that City staff is involved in this project and they have reduced the
cost as much as possible. They need professional designers to work on this project since
they have the knowledge and expertise for this specific construction project. Staff has
looked at minimizing the cost of the consultant as much as possible.
Young asked if this would be the only time they would hire a consultant for streetscape
services for Town Center. Jeremiah responded that that is Staffs intent. If they feel one
model street is not enough, they may in several years decide to make some change to the
design.
K.CONSENT TO ASSIGNMENT AND ASSUMPTION OF REGULATORY
AGREEMENT FOR THE PARKWAY APARTMENTS
L.ACCEPT THE PROPOSAL FROM E.F. JOHNSON FOR REPLACEMENT
RADIOS UNDER THE SPRINT/NEXTEL RE-BANDING AGREEMENT
MOTION: Aho moved, seconded by Butcher, to approve items A-L of the Consent
Calendar.Motion carried, 5-0.
IX.PUBLIC HEARINGS / MEETINGS
A.LARIAT CENTER III ADDITION Request for: Planned Unit Development Concept
Review on 3.96 acres, Planned Unit Development District Review on 3.96 acres, Zoning
District Amendment within the Commercial Regional Service Zoning District on 3.96
acres and Site Plan Review on 3.96 acres. Location: Prairie Center Drive & Crystal View
CITY COUNCIL MINUTES
June 19, 2007
Page 4
Road. (Resolution No. 2007-72 for Planned Unit Development Concept Review;
Ordinance for PUD District Review and Zoning District Amendment)
City Manager Neal reported that official notice of this public hearing was published in
the June 7, 2007, Eden Prairie Sun Current and sent to 34 property owners. The site plan
shows a 12,400 square foot building addition for restaurant and retail. The plan meets all
requirements for commercial zoning with the exception of a zero lot line waiver to allow
a connection between buildings. The 120-day review period expires on September 15,
2007. The Planning Commission voted 5-0 to recommend approval of the project at the
May 22, 2007 meeting including the waiver for zero lot line setback.
There were no comments from the applicant or from the audience.
MOTION: Duckstad moved, seconded by Aho, to close the public hearing; adopt
Resolution No. 2007-72 for Planned Unit Development Concept Review on 3.96 acres;
approve first reading of the Ordinance for Planned Unit Development District Review
and Zoning District Amendment in the Commercial Regional Service Zoning District on
3.96 acres; and, to direct staff to prepare a Development Agreement incorporating staff
and Board recommendations and Council conditions .Motion carried 5-0.
B.WILSON RIDGE OFFICE BUILDING Request for: Planned Unit Development
Concept Review on 6.89 acres, Planned Unit Development District Review on 6.89 acres,
Zoning District Amendment in the Office Zoning District on 6.89 acres, Site Plan Review
on 6.89 acres and Preliminary Plat on 6.89 acres into one lot. Location: 7480 Flying
Cloud Drive . (Resolution No. 2007-73 for Planned Unit Development Concept
Review ;Ordinance for PUD District Review and Zoning District Amendment;
Resolution No. 2007-74 for Preliminary Plat)
Neal said official notice of this public hearing was published in the June 7, 2007, Eden
Prairie Sun Current and sent to nine property owners. This project is a three-story
107,000 square foot office building. The plan meets the required building setbacks,
parking setbacks, base area and floor area requirements for office zoning. The project
requires waivers from the City Code for building height, exterior materials, shoreland and
sign size. The 120-day review period expires on September 8, 2007. The Planning
Commission voted 5-0 to recommend approval of the project at the May 22, 2007
meeting including the waivers for building height, exterior materials, shoreland and size,
and subject to the following items to be completed prior to review by the City Council:
A.Revise the landscape plan to meet the tree replacement requirement.
B.Revise sign locations to meet the required 20-foot setback.
C.Provide sight line information for the new driveway.
D.The driveway width should be widened to 40-feet to accommodate two outbound
lanes. The driveway should also be realigned so that it intersects Flying Cloud
Drive at a 90-degree angle.
E.Revise the plan to provide treatment for the proof of parking areas as impervious
surface.
CITY COUNCIL MINUTES
June 19, 2007
Page 5
The plans have been revised to meet the recommendations of the Planning Commission.
Nancy Arieta, 10785 Valley View Road, #207, said she wanted to bring to the Council's
attention some of her concerns with this proposed project. One of her main concerns is
with traffic. She has heard nothing about lights, signs or traffic control for this area. Also,
the notice published in the paper had the incorrect date for this hearing and it was her
understanding that the notice had to be republished. Arieta questioned how tall the
building is going to be and asked if it will tower and darken the windows on the north
side of their building along Valley View. She also questioned how far this building will
be setback from Flying Cloud Drive. Arieta had some concerns with the height of the
building and the possibility of wind tunnels being created. She pointed out that there are
lots of empty buildings in the Golden Triangle and she questioned why they would not
use those facilities rather than redo something else. There appears to be a lot of things
moving into the Golden Triangle that have questionable uses.She is concerned with a
trucking business on Shady Oak Road and Valley View where there appears to be a lot of
traffic and unusual activities.Arieta said she would like the City to keep its residents
informed as to what their considerations are for the Golden Triangle and if they continue
to put in more uses she questioned what would happen to the unused sites.
Jeremiah explained that the proposed building is a three-story building with a lower level.
There should not be any shading issues to the neighboring apartment building. The
proposed building is relatively close to Valley View Road with parking located behind it
and will present a nice image from the street.
Dietz said with regard to traffic, there are a lot of changes anticipated for the Golden
Triangle area. The Realife project was the first in that Triangle which was initially to be
industrial. The Study talks about integration of additional residential properties and retail
and the intent is for this area to be more of a walkables area with the ultimate plan
reducing the level of traffic congestion. Dietz explained that there is a proposal to build a
Washington Avenue bridge to provide relief to Valley View Road. He further explained
that right now there is no warrant for a traffic signal at this intersection but staff will
continue to monitor it.
Jeremiah pointed out that vacancies in the Golden Triangle are filling and there is an
active proposal for reuse of the Best Buy Headquarters building. It is difficult to get users
for these large facilities but they are seeing a need for additional office space in the City.
Neal presented a copy of the Eden Prairie Sun Current, the City's official newspaper,
showing that the notice did have the correct hearing date published.
MOTION: Aho moved, seconded by Butcher, to close the public hearing; adopt
Resolution No. 2007-73 for Planned Unit Development Concept Review on 6.89 acres;
approve the first reading of the Ordinance for Planned Unit Development District Review
and Zoning District Amendment in the Office Zoning District on 6.89 acres; adopt
Resolution No. 2007-74 for preliminary plat on 6.89 acres into one lot; direct staff to
prepare a Development Agreement incorporating staff and Board recommendations and
Council conditions, and approve and authorize issuance of a grading permit for Wilson
CITY COUNCIL MINUTES
June 19, 2007
Page 6
Ridge, subject to release by the City Engineer upon determination that the final contract
documents conform to plans stamp dated June 19, 2007, as approved by the City Council.
Motion carried 5-0.
X.PAYMENT OF CLAIMS
MOTION: Butcher moved, seconded by Nelson, to approve the payment of claims as submitted.
The motion was approved on a roll call vote, with Aho, Butcher ,Duckstad ,Nelson and
Young voting "aye".
XI.ORDINANCES AND RESOLUTIONS
XII.PETITIONS, REQUESTS AND COMMUNICATIONS
XIII .APPOINTMENTS
A.COMMUNITY ADVISORY COMMITTEE FOR THE SOUTHWEST
TRANSITWAY, I.C. 07-5702
Neal explained that the Hennepin County Regional Railroad Authority (HCRRA) is
forming a Community Advisory Committee (CAC) to participate in and provide
community feedback during the Southwest Transitway Draft Environmental Impact
Statement (DEIS). The HCRRA is requesting the City designate six members to the
Community Advisory Committee. Neal indicated that two people from service areas have
indicated an interest in serving on this Committee. The interested individuals are Denny
Spalla with United Health Group and Rick Wiglund with Liberty Property Trust for the
Golden Triangle Area Business Representative. Council Member Nelson has also
indicated an interest in serving on this Committee.
Young said there appears to be six openings and they only have three people to fill those
openings. He questioned the process to date and asked how staff was reaching out to find
people in each of the areas. Neal responded that they have sent out letters and talked
directly with people they feel are stakeholders. They have not had much luck with some
of the other areas and staff will continue to look for representatives for those other areas.
Jeremiah explained that the request for appointment of members to the CAC came up
rather quickly. They would like to get this group together as quickly as possible so they
can be up to speed and ready to go as they begin the DEIS process. She indicated that if
the Council is comfortable, it would be helpful if they were to make appointments tonight
and to add to the committee as names become available. In response to a question from
Young, Jeremiah explained that the Council Member appointment would fill the at-large
position. Also, staff has not yet asked anyone from the Planning Commission to serve on
this Committee. Staff first wanted to receive the Council's input prior to asking for
people to serve on the Committee. The first meeting of this Committee is scheduled for
July 25.
CITY COUNCIL MINUTES
June 19, 2007
Page 7
Young said he would prefer to make all of the appointments at one time. Duckstad said
he was not ready to make appointments until they had a sufficient number of people to
make a proper and fully informed decision. He would like to wait until they have enough
people so that they can pick people they feel are most qualified.
MOTION: Duckstad moved, seconded by Butcher, to table appointments to the
Community Advisory Committee for the Southwest Transitway until July 17 .Motion
carried 5-0.
XIV.REPORTS
A.REPORTS OF COUNCIL MEMBERS
1.Flying Cloud Airport Resolution (Sherry Butcher)
Butcher said she would like to discuss the draft resolution for Flying Cloud
Airport that was submitted at the Council's June 11 workshop for consideration.
She explained that in 2002 when the Final Agreement was approved, it was not
even considered that future Council's would support the runway expansion when
it was clear in the Agreement that the City would not oppose the expansion. When
discussing this resolution at the workshop, it was clear that some members of the
Council had discomfort with the resolution. Butcher stated that she would like to
make a motion giving her original intent.
MOTION: Butcher moved, seconded by Nelson, to have the Eden Prairie City
Council recognize and reaffirm the 2002 Final Agreement which created a neutral
stance on airport expansion by withdrawing the City's opposition to the
expansion of the airport and to affirm and support in all its terms and conditions
the 2002 Final Agreement and the Memorandum of Understanding.
Aho said he does understand the level of discussion regarding the City Council's
position on the airport and potential expansion. They do have a Memorandum of
Understanding (MOU) and they have a 2002 Agreement with MAC and everyone
on the Council has publicly supported the agreement and MOU. Aho explained
that they are not doing anything as a City to make any changes to that Agreement.
The City would like to see the airport improved in terms of the look and feel of
some of the hangars. They would also like to see City water and sewer extended
to the airport. Aho said to put forward a resolution that states that they are going
to follow what they have committed to do serves no purpose nor does it help
anything. He said he feels that a resolution would only open up the opportunity to
have further interpretation of what the resolution is and jeopardizes the
Agreement already in place. Aho said he is not in favor of passing any resolutions
regarding the airport at this time.
Young explained that Butcher is not proposing that the Council adopt a
resolution. She has made a motion reaffirming their support of the 2002
Agreement.
CITY COUNCIL MINUTES
June 19, 2007
Page 8
Duckstad said he feels that the comments and concerns of the Zero Expansion
Group are important and that it is important that they have whatever forums they
need to advance their thoughts and concerns. The Zero Expansion Group did
present a resolution and after review of that resolution by the City Attorney, it
was decided that it would not be a good idea to adopt that resolution in light of
the fact that the City does have an existing contract with MAC. Duckstad said he
believes that since the City Attorney advised them against the Zero Expansion
resolution they should also oppose the Chamber resolution. Duckstad indicated
that he is opposed to any formal action and they should leave it as is because the
City's intent is clear.
Nelson said this is a very simple motion where they are reaffirming the 2002
Agreement and it does point out to the public that the Council intends to maintain
a neutral stand. Nelson said she feels there have been enough questions from the
public that the Council needs to say something as a body and she does not see any
problem with stating a simple motion to that effect. They are not editing or
subtracting anything from the 2002 Agreement but it is simply something to help
the public understand the City's intentions.
Aho said his original understanding was that they were considering a resolution
and not a motion. He indicated that he does not have any opposition to the motion
but would be opposed to a resolution. Aho stated he would support the motion.
Young said he agrees that they should not adopt a resolution. A resolution would
run the risk of bringing additional ambiguity and could be preconceived as a
competing resolution. Young said he also feels it would not be appropriate to
adopt the Chamber's resolution. He has no problem with Butcher's motion and
would support it. Young stated that it is his opinion that it is not the job of the
City to be a cheerleader for the expansion and it is not their job to encourage its
acceleration. Also, it is not their job to lobby the Federal government for
expansion or to finance the expansion. The Council needs to spend more time on
other things and concerns in the City and MAC can take care of the airport.
Duckstad asked the City Attorney what the legal affect would be of this motion
and the language used in light of the now existing contract between the City and
MAC. City Attorney Rosow said that the motion as stated reaffirms the Final
Agreement and Memorandum of Understanding where the resolution originally
presented rejected the Agreement and made changes to it. Rosow said he is not
comfortable with doing anything contrary to either of those documents and has no
problem with the motion. Duckstad said if that is the case, he would support the
motion.
Vote was called on the motion with all members voting aye. The motion carried
5-0.
2.Round Lake (Brad Aho)
CITY COUNCIL MINUTES
June 19, 2007
Page 9
Aho explained that one of his goals when he was elected to the City Council was
to reopen Round Lake. This did occur on June 9. He complimented City staff for
working to make the lake ecologically sound and to the Parks and Recreation
Commission for the work they did on this project. Staff did a fantastic job of not
only getting the job done but making the water clear through a variety of methods.
They also did a wonderful job of redesigning the beach with umbrellas. Aho
expressed his appreciation to the City staff that made this happen.
B.REPORT OF CITY MANAGER
1.Sesquicentennial Citizen Planning Committee
Neal reported that there has been some interest from the Heritage Preservation
Commission to establish a Sesquicentennial Citizen Planning Committee for next
year's 150th anniversary of founding the state. Neal said when staff has additional
information they will bring it forward for formal appointments.
2.Submittal of Proiect for 2008 State Bonding Bill
Neal reported that after meeting with Friendship Ventures, they received a
temporary Certificate of Occupancy from the City so that they could start their
camp. There has been considerable discussion and conflict regarding whether or
not this is a City park or Friendship Ventures park. There has also been discussion
regarding heritage preservation getting in the way of providing programs at Camp
Eden Wood. Neal explained that staff is proposing that the City submit a request
for funds from the proposed 2008 State Bonding Bill for a major renovation and
improvement project at Camp Eden Wood. The project includes the removal of
existing buildings; the construction of two new dormitory buildings; renovation of
the old dining hall; general landscaping improvements and the addition of an
office/interpretive center. The completed project would continue to be owned by
the City and leased to Friendship Ventures for its current use. Neal stated that
there are many steps in the process with the first and foremost being putting
together a basic project description. This will require some assistance of a
consultant for the creation of a submission document and for the creation of a
master plan for Camp Eden Wood. Staff is asking that the Council authorize staff
to prepare an initial submission in order to make the June 25 deadline and to
prepare a more detailed plan, including any financial commitments required for
this project, for Council review in August.
Nelson asked if the new dormitory buildings will be built near the dining hall
away from the historic buildings or in the historic building area. Neal responded
that this is something that the consultant will look at and work through. There are
buildings on that site that are not historically significant and could be removed
and replaced with buildings that will complement the historic buildings and be
much more valuable to Friendship Ventures and their clients.
CITY COUNCIL MINUTES
June 19, 2007
Page 10
Duckstad asked if there is any financial advantage to proceed with this project
now or in waiting. Neal pointed out that there would be a significant advantage in
moving forward at this time. The bonding bill funds that they will be seeking
come from the State Government to the City and would be used to do this project.
Duckstad said staff is also asking for approval for a consulting fee of $40,000 and
he asked if it is necessary to use a consultant or if staff would be able to put the
same package together without a consultant's help. Neal explained that there has
already been significant staff time put into this project. The consultant will do the
technical drawings and will use a landscape architect who has the technical skills
that City staff does not have. City staff will be supplementing the consulting
contract with in-house services. Duckstad asked if they did not go with the State
Bonding Bill approach, what would they do to accomplish the same thing. Neal
responded that they would have to expend capital dollars or borrow money based
on the City's tax levy referendum decision.
Butcher said she feels this is a paramount project for a small investment. They
will be able to see some great things come from this important park. She would
love to see an overall comprehensive plan for this site that will make it flourish
and it definitely needs attention. Butcher said she would support this request.
MOTION: Butcher moved, Aho seconded, to authorize staff to prepare and
submit a public project to the State for consideration for inclusion in the 2008
State Bonding Bill and to authorize a consulting agreement with Brauer &
Associates for not more than $40,000 to assist in the preparation of the
submission document.Motion carried 5-0.
C.REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR
1.Town Center Guidelines and Ordinance Update
Jeremiah explained that for the past seven months staff has been working with
HKGI and BKV on the Town Center Guidelines and Ordinance. Jeremiah
introduced Greg Ingraham from HKGI to present the draft guidelines.
Ingraham presented a brief history of the process and explained that the Town
Center will be a major center area and the guidelines will be a tool for a walkable
downtown corridor. The process for developing these guidelines was very much
influenced by the Planning Commission and City staff. The Town Center
Ordinance is the legalistic aspect of this project and the intent of the guidelines is
to be a framework as to what the City expects or as development and
redevelopment occur. The guidelines need to be specific and flexible to anticipate
whatever design solutions individual design teams might come up with. The tool
behind the guidelines is the ordinance.
Ingraham further explained that staff and the Planning Commission are working
through the final details for the ordinance. The ordinance is intended to act like
the traditional zoning ordinance. There would be a review process as part of any
CITY COUNCIL MINUTES
June 19, 2007
Page 11
development application and a test of substantive compliance to the design
guidelines. Ingraham briefly reviewed the highlights of the proposed Town Center
Guidelines.
Bill Baxley from BKV explained that architecture is a component in each sub-
district and endeavors to describe in suggestive ways rather than prescriptive
ways the aspects of the building in each district. He reviewed with the Council the
various architecture components within the Town Center.
Ingraham explained that the next steps of this process include finalizing the
design guidelines; holding public hearings on the guidelines; testing of the
ordinance standards; refine the Town Center Ordinance and to hold public
hearings on the ordinance.
Nelson said she would like to see included in the guidelines fountains, outdoor
seating and noise abatement. She said she assumes they are doing foliage, flowers
and trees and are making sure that the micro parks have benches and seating to
enjoy the area. She would also like to see a requirement for energy efficient
buildings and feels it would be an asset for those buildings to be identified as
energy efficient. Nelson stated that when they have special things like awnings,
flowers, trees, arts and fountains, they should not be considered optional by the
builders but they should be considered mandatory. If it is mandatory, it will be
agreed to in the final plans.
Butcher asked that they not lose sight of the gateway monument that was
previously discussed. Ingraham responded that there has been some reference to a
gateway element at both the north and south ends of the Center.
D.REPORT OF PARKS AND RECREATION DIRECTOR
1.Community Center Walking Track
Lotthammer reported that at the March 20 Council meeting the Council
considered bids for the Community Center and one of the items discussed was a
walking track. At that time, it was suggested that there may be grant money
available from Blue Cross, Blue Shield. Since that time, staff has learned that
their grant money is intended for planning initiatives related to health and
wellness and not available for capital or construction projects. Staff also
investigated the availability of other grant funds and has found no immediate
funds available at this time. If the Council should approve the inclusion of a
walking track at the Community Center, they could extend the addition to the
contract. Lotthammer explained that from a construction and operating
standpoint, this is a good time to undertake this project. If the Council does not
elect to go forward with the walking track, they will have to construct a railing
around the ice rink for safety purposes. The walking track itself would act as that
railing. Lotthammer stated that the cost of the walking track project totals
$391,000.
CITY COUNCIL MINUTES
June 19, 2007
Page 12
Young asked if the walking track had been discussed at the Parks Commission
and if there are funds available to construct the track. Lotthammer responded that
the Parks Commission did not recently discuss this item but they were given an
update. The feedback received was that it is a worthy portion of the project but
they did not discuss how to bring it forward.
Neal explained that the Parks Commission had previously discussed the walking
track project and the Community Center project in general and how to bring
funding to this project. Neal stated that there is a source of revenue called
Settler's West Fund. An agreement was made with the developer who was
developing lots in Chanhassen for access through Eden Prairie that will bring
approximately $1 million of revenue into the City. The City has been holding this
money with approximately $270,000 earmarked for future utility replacement.
The balance of the funds are available for capital projects and would be available
for this project should the Council wish to do so.
Duckstad asked if staff is optimistic that even though there is no grant money
available this year there will be money available next year. Lotthammer answered
that for the last few years it has been difficult to obtain State funds for outdoor
recreation projects. Federal funds as well as State funds have been very
competitive and almost non existent. At best, they would not know until
September 2008 if the City would be accepted or even if there are funds available.
Staff is not aware of any money available at this time that this project would
qualify for.
Nelson said she would caution against using the Settler's West funds since they
have spent down the park donation funds, this money should not be spent prior to
their building up the park donation funds. Nelson said she would like to be frugal
with these funds over the next couple of years.
Duckstad said the Community Center and nine other projects totaled
$15.5 million and he feels $400,000 for the walking track is substantial. He also
feels the taxpayers deserve some consideration and if grant money is a possibility
he is optimistic enough to think that they should exercise some patience and hold
off with the walking track with the thought that there probably will be grant
money available in the future. Duckstad said he is in favor of roughing in the
walking track so that it could be added in the future without any problem.
Lotthammer explained that the walking track is being proposed to be constructed
in an existing rink. The existing rink is closed down for other improvements and
by putting the construction off, they will face the potential of having to close the
rink for the track when they do decide to move forward with it. If they defer this
project, they are still faced with a safety issue for a cost of $40,000. If they decide
in a year or two to build the walking track, the safety railing will no longer be
needed. Also, if they wait they will probably not receive as favorable bidding
CITY COUNCIL MINUTES
June 19, 2007
Page 13
prices and construction will be more expensive including additional construction
supervision construction costs.
Young said more people have contacted him about this walking track than any
other item regarding the Community Center development. He asked if there is any
reason for them to be optimistic about bond dollars or grant money being
available next year. Lotthammer said that from his experience in the last three to
four years, this project would not likely qualify for Federal matching monies and
that makes it even more competitive. Also, there are fewer and fewer dollars
available from both the State and Federal governments. Lotthammer further
explained that the types of projects that are normally funded by this grant money
are not of the nature of one specific component but are multifaceted parks or
facilities that are more recreational amenities.
Nelson stated that at this point she is inclined to suggest that they put up the
safety railing because she is not real enthusiastic about the walking track. A large
number of people now walk at the Eden Prairie Center and the proposed walking
track temperatures would be 30 to 40 degrees since it would be over ice. Round
Lake also includes a walking path that can be used during the nicer weather and
to spend $400,000 for the proposed walking track is a considerable amount for
parks.
Butcher expressed concern about the commitment made for the walking track and
for the ability to procure any grant monies. There has been a lot of feedback that
people want this track. She said she feels compelled to figure out how to do this
project other than with a portion of the Settler's Ridge funds. Butcher stated that
the Council needs to make a decision whether it be that they put on the railing or
to do the walking track. They cannot continue to defer it. Butcher said she is
compelled to wait with this project because she is concerned about the
temperature and how the project will be funded. Also, they need to address those
people who want this track.
Aho said he agrees with everything that has been said this evening. The walking
track would be a great amenity and he is sure people would use it. There are
alternate areas that could be used as walking tracks and to spend $400,000 to
make this happen at the Community Center does not seem right. Aho said he
would rather spend the $40,000 for the railing and defer the track to a later time.
If there is a need for it in the future it still can be done. It may cost more to do so
but that is the risk they will have to take at this point.
MOTION: Duckstad moved, seconded by Nelson, to table this matter
indefinitely with the thought that in the future they will obtain grant monies for
the project.Motion carried 5-0.
2.Renaming of Purgatory Creek Recreation Area
CITY COUNCIL MINUTES
June 19, 2007
Page 14
Lotthammer reported that at the May 7 Parks Commission meeting the
Commission discussed naming the lake and felt that at this time they concentrate
on the overall name of the Purgatory Creek Recreation Area and consider naming
the lake at a later date. The Commission did discuss naming the lake Lake Malaya
but felt that should the lake be named, it be named something more recognizable
and general rather than after an individual.
MOTION: Butcher moved, seconded by Aho, to receive the recommendations
from the Parks, Recreation and Natural Resources Commission and officially
change the name of Purgatory Creek Recreation Area to Purgatory Creek Park.
Nelson indicated that she has never been a real fan of the name Purgatory Creek
but would support the motion. She said she would prefer the name Celebration
Park especially if they decide to move community celebrations to this park. She
feels Celebration Park is a more active name.
Butcher said she feels Purgatory Creek is a meaningful name to Eden Prairie and
has been a name in the City for a very long time and is part of the City's heritage.
Young said he agrees and feels that Purgatory Creek needs to stay associated with
this park. He stated that his first choice would be Purgatory Creek Conservation
Area but he feels the name Purgatory Creek Park is fine and he would support the
motion. With regard to naming the lake, Young stated that Dan Kittrell's request
to name the lake Lake Malaya is a moving tribute and he can sympathize with
him but feels leaving the lake unnamed is a better course of action to take.
Vote was called on the motion .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: Butcher moved, seconded by Aho, to adjourn the meeting.Motion carried 5-0.
Mayor Young adjourned the meeting at 9:20 p.m.
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar July 17, 2007
DEPARTMENT /DIVISION :ITEM DESCRIPTION :ITEM NO.: VII.A.
Christy Weigel,Clerk's License Application List
Police/ Support Unit
These licenses have been approved by the department heads responsible for the licensed activity.
Amendment to Liquor License
2AM Closing Permit - Renewal
Annie's Restaurants II, Inc
DBA: Canyon Grille
Purple Star Inc.
DBA: Green Mill of Eden Prairie
1
CITY COUNCIL AGENDA DATE: VIII.B.
SECTION: Consent Agenda
DEPARTMENT/DIVISION:ITEM DESCRIPTION:ITEM NO.:
Community Development/Planning Life Church
Janet Jeremiah
Regina Herron
Requested Action
Move to:
•Approve 2nd Reading of the Ordinance for PUD District Review and Zoning District Amendment
on 7.96 acres; and
•Adopt the Resolution for Site Plan Review on 7.96 acres; and
•Approve the Development Agreement for Life Church; and
•Approve and Authorize Issuance of a Grading Permit for Life Church, subject to
release by the City Engineer upon determination that the final contract documents
conform to plans stamp dated April 30, 2007 and May 24, 2007, as approved by the
City Council.
Synopsis
This is final approval of the plans and development agreement for an 8,412 square foot addition
to an existing 21,000 square foot church.
Background
The 120-Day Review Period Expires August 28, 2007
Attachments
1.Ordinance for PUD District Review
2.Summary Ordinance
3.Resolution for Site Plan Review
4.Development Agreement
5.Consent to Development Agreement
LIFE CHURCH
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO.17-2007-PUD-5-2007
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING
CERTAIN LAND WITHIN A ZONING DISTRICT, AMENDING THE LEGAL
DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE
CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS,
CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Section 1.That the land which is the subject of this Ordinance (hereinafter, the
"land") is legally described in Exhibit A attached hereto and made a part hereof.
Section 2 .That action was duly initiated proposing that the land be amended within
the Public Zoning District 17-2007-PUD-5-2007 (hereinafter "PUD-5-2007-17).
Section 3 .The City Council hereby makes the following findings:
A.PUD -5-2007-17 is not in conflict with the goals of the Comprehensive Guide Plan
of the City.
B.PUD-5-2007-17 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-5-2007-17 are justified by the design of the development
described therein.
D.PUD-5-2007-17 is of sufficient size ,composition, and arrangement that its
construction ,marketing, and operation is feasible as a complete unit without dependence
upon any subsequent unit.
Section 4.The land shall be subject to the terms and conditions of that certain
Development Agreement dated as of July 17, 2007, entered into between Life Church of Eden
Prairie, and the City of Eden Prairie, (hereinafter "Development Agreement ). The
Development Agreement contains the terms and conditions of PUD-5-2007-17, and are hereby
made a part hereof.
Section 5.The proposal is hereby adopted and the land shall be, and hereby is
amended within the Public Zoning District and shall be included hereafter in the Planned Unit
Development 5-2007-17, 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
5th day of June ,2007, 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 17th day of July,
2007.
ATTEST:
Kathleen Porta ,City Clerk Phil Young, Mayor
PUBLISHED in the Eden Prairie Sun Current on ,2007.
EXHIBIT A
PUD Legal Description
Lot 1, Block 1 Edenvale 2nd Addition
AND
That part of Lots 31 and 32, Auditor's Subdivision Number 225, Hennepin County, Minnesota,
which lies northwesterly of the northwesterly right-of-way line of the 100 foot highway
easement as described in Document No. 472547 and lying southwesterly of the southwesterly
right-of-way line of the 50-foot highway easement as described in said Document No. 4725427.
LIFE CHURCH
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
SUMMARY OF
ORDINANCE NO.17-2007 -PUD-5-2007
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING THE
ZONING OF CERTAIN LAND WITHIN ONE DISTRICT ,AND ADOPTING BY
REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH, AMONG
OTHER THINGS, CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Summary:This ordinance allows amendment of the zoning of land located at 14100
Valley View Road within the Public Zoning District. Exhibit A, included with this Ordinance,
gives the full legal description of this property.
Effective Date:This ordinance shall take effect upon publication.
ATTEST:
Kathleen Porta ,City Clerk Phil Young, Mayor
PUBLISHED in the Eden Prairie Sun Current on 12007.
(A full copy of the text of this Ordinance is available from City Clerk.)
LIFE CHURCH
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2007-
A RESOLUTION GRANTING SITE PLAN APPROVAL
FOR LIFE CHURCH
BY LIFE CHURCH OF EDEN PRAIRIE
WHEREAS, Life Church of Eden Prairie, has applied for Site Plan approval of Life
Church to construct an 8,412 square foot addition, by an Ordinance approved by the City
Council on June 5, 2007; and
WHEREAS, the Planning Commission reviewed said application at a public hearing at
its May 14,,2007 meeting and recommended approval of said site plans; and
WHEREAS , the City Council has reviewed said application at a public hearing at its
June 5, 2007 meeting.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL
OF THE CITY OF EDEN PRAIRIE, that site plan approval be granted to Life Church based
on the Development Agreement between Life Church of Eden Prairie and the City of Eden
Prairie, reviewed and approved by the City Council on July 17, 2007.
ADOPTED by the City Council of the City of Eden Prairie this 17th day of July, 2007.
Phil Young, Mayor
ATTEST:
Kathleen Porta ,City Clerk
DEVELOPMENT AGREEMENT
LIFE CHURCH
THIS DEVELOPMENT AGREEMENT ("Agreement ) is entered into as of July 17,
2007, by Life Church of Eden Prairie, Inc. a non-profit corporation, 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, Planned Unit Development Concept Review on 7.96
acres ,Planned Unit Development District Review with waivers on 7.96 acres, Zoning District
Amendment within the Public Zoning District on 7.96 acres, and Site Plan Review on 7.96 acres,
legally described on Exhibit A (the "Property );
NOW, THEREFORE, in consideration of the City adopting Resolution No.for
Planned Unit Development Concept Review, Ordinance No.for Planned Unit
Development District Review and Zoning District Amendment within the Public Zoning District on
7.96 acres, and Resolution No.for Site Plan Review, Developer agrees to construct,
develop and maintain the Property as follows:
PLANS: Developer shall develop the Property in conformance with the materials revised
and stamp dated April 30, 2007 and May 24, 2007, reviewed and approved by the City
Council on June 5, 2007, (hereinafter the "Plans") and identified on Exhibit B, subject to
such changes and modifications as provided herein.
2.EXHIBIT C: Developer agrees to the terms ,covenants ,agreements ,and conditions set
forth in Exhibit C.
3.DEVELOPER 'S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a
violation of City Code relating to use of the Land construction thereon or failure to fulfill an
obligation imposed upon the Developer pursuant to this Agreement ,City shall give 24 hour
notice of such violation in order to allow a cure of such violation, provided however, City
need not issue a building or occupancy permit for construction or occupancy on the Land
while such a violation is continuing ,unless waived by City.
The existence of a violation of City Code or the failure to perform or fulfill an obligation
required by this Agreement shall be determined solely and conclusively by the City Manager
of the City or a designee.
4.DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall
release, defend and indemnify City, its elected and appointed officials, employees and agents
from and against any and all claims, demands ,lawsuits ,complaints, loss, costs (including
attorneys' fees), damages and injunctions relating to any acts, failures to act, errors,
omissions of Developer or Developer's consultants, contractors, subcontractors, suppliers
and agents. Developer shall not be released from its responsibilities to release, defend and
indemnify because of any inspection, review or approval by City.
5.EXTERIOR MATERIALS: Prior to building permit issuance, Developer shall submit to
the City Planner ,and receive the City Planner's written approval of a plan depicting exterior
materials and colors to be used on the buildings on the Property.
Prior to issuance of any occupancy permit for the Property, Developer shall complete
implementation of the approved exterior materials and colors plan in accordance with the
terms and conditions of Exhibit C, attached hereto.
6.GRADING, DRAINAGE, AND 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 information, including
wetland boundaries, wetland buffer strips and wetland buffer monument locations;
all Stormwater Facilities, such as water quality ponding areas, stormwater detention
areas, and stormwater infiltration systems; and any 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 Stormwater Facilities conform to
the final grading plan and that the Stormwater Facilities are functioning in
accordance with the approved plans.
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 FACILITY CONSTRUCTION: Stormwater Facilities,
including detention basins, retention basins or Stormwater Infiltration Systems (such
as rainwater gardens, vegetated swales, infiltration basins, vegetated filters, filter
strips, curbless parking lot islands, parking lot islands with curb-cuts, traffic islands,
tree box filters, bioretention systems or infiltration trenches) shall be maintained by
the Developer during construction and for a minimum of two (2) full growing
seasons after completion of the development to ensure that soil compaction, erosion,
clogging, vegetation loss and channelization of flow are not occurring, and thereafter
by the Owner of the Property. A Planting Plan for the Stormwater Facilities must be
submitted prior to release of the first building permit for the Development
Developer shall employ the design professional who prepared the final grading plan
to monitor construction of the Stormwater Facilities for conformance to the
Minnesota Pollution Control Agency publication entitled "State of Minnesota Storm
water manual dated November 2005, the approved final grading plan and the
requirements listed herein.
All Stormwater Infiltration Systems shall be delineated with erosion control fencing
prior to construction. The Stormwater Infiltration Systems shall be installed using
low-impact earth moving equipment. No equipment, vehicles, supplies or other
materials shall be allowed in the areas designated for stormwater infiltration during
construction. Pervious surfaces shall be stabilized with seed and mulch or sod and
all impervious surfaces must be completed prior to final grading and planting of the
Stormwater Infiltration Systems.
All Stormwater Facilities shall be kept free of debris, litter, invasive plants and
sediment. Sediment, debris, litter or vegetation removal in Stormwater Infiltration
Systems shall be by hand or with a flat-bottomed shovel or rake during dry periods.
Only enough sediment shall be removed as needed to restore hydraulic capacity,
leaving as much of the vegetation in place as possible. Any damaged turf or
vegetation shall be reseeded or replaced.
After the two year period of Developer maintenance, the Owner of the Property shall
be responsible for maintenance of the Stormwater Facilities. This shall include
debris and litter removal, removal of noxious and invasive plants, removal of dead
and diseased plants, re-mulching of void areas, replanting or reseeding areas where
dead or diseased plants were removed and removal of sediment build-up. Sediment
build-up in Stormwater Infiltration Systems shall be removed by hand.
C.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, concrete truck
washout areas and any other best management practices to be utilized within the
Project.Prior to release of the grading bond, Developer shall complete
implementation of the approved SWPPP.
7.IRRIGATION PLAN: Developer shall submit to the City Planner and receive the City
Planner's written approval of a plan for irrigation of the landscaped areas on the Property.
The irrigation plan shall be designed so that water is not directed on or over public trails and
sidewalks.
Developer shall complete implementation of the approved irrigation plan in accordance with
the terms and conditions of Exhibit C prior to issuance of any occupancy permit for the
Property.
8.LANDSCAPE/TREE REPLACEMENT: 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/tree replacement plan for the Property depicting a total of 27.36 caliper inches.
The approved landscape/tree replacement plan shall be consistent with the quantity, type,
and size of plant materials shown on the landscape/tree replacement plan on the Plans. Prior
to issuance of any building permit issuance for the Property Developer shall furnish to the
City Planner and receive the City Planner's approval of a landscape/tree replacement 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/tree replacement plan in accordance with the
terms and conditions of Exhibit C.
9.MECHANICAL EQUIPMENT SCREENING: Developer shall submit to the City
Planner, and receive the City Planner's written approval of a plan for screening of
mechanical equipment on the Property. For purposes of this paragraph, "mechanical
equipment" includes gas meters, electrical conduit, water meters, and standard heating,
ventilating, and air-conditioning units. Security to guarantee construction of said screening
shall be included with that provided for landscaping on the Property, in accordance with City
Code requirements. Developer shall complete implementation of the approved plan prior to
issuance of any occupancy permit for the Property.
If, after completion of construction of the mechanical equipment screening, it is determined
by the City Planner, in his or her sole discretion, that the constructed screening does not meet
the Code requirements to screen mechanical equipment from public streets and differing,
adjacent land uses, then the City Planner shall notify Developer and Developer shall take
corrective action to reconstruct the mechanical equipment screening in order to cure the
deficiencies identified by the City Planner. Developer agrees that the City will not release
the security provided until Developer completes all such corrective measures.
10.PUD WAIVERS GRANTED: The city hereby grants the following waivers to City Code
requirements within the Public Zoning District through the Planned Unit Development
District Review for the Property and incorporates said waivers as part of PUD (list PUD
number :
Percentage of exterior materials from 75% face brick, glass, or
natural stone to 26.8% for the existing building and addition.
11.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 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.
12.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.
13.SITE LIGHTING :Prior to building permit issuance, Developer shall submit to the City
Planner and receive the City Planner's written approval of a plan for site lighting on the
Property.All pole lighting shall consist of downcast shoebox fixtures not to exceed 20 feet
in height .Developer shall complete implementation of the approved lighting plan prior to
issuance of any occupancy permit for the Property.
14.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.
IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be
executed as of the day and year aforesaid.
LIFE CHURCH OF EDEN PRAIRIE,INC.CITY OF EDEN PRAIRIE
By
Its
By
Its
STATE OF MINNESOTA )
COUNTY OF HENNEPIN )
ss.
By
Phil Young
Its Mayor
By
Scott H. Neal
Its City Manager
The foregoing instrument was acknowledged before me this day of , 2007,
by Phil Young 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 , 2007, by
, the , of Life Church of Eden Prairie, Inc., a Minnesota non-
profit corporation, on behalf of the corporation.
THIS INSTRUMENT WAS DRAFTED BY:
Notary Public
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344
EXHIBIT A
Lot 1,Block 1 Edenvale 2d Addition
AND
That part of Lots 31 and 32, Auditor's Subdivision Number 225, Hennepin County, Minnesota,
which lies northwesterly of the northwesterly right-of-way line of the 100 foot highway
easement as described in Document No. 472547 and lying southwesterly of the southwesterly
right-of-way line of the 50-foot highway easement as described in said Document No. 4725427.
EXHIBIT B
DEVELOPMENT AGREEMENT - LIFE CHURCH
Sheet T1.1 Title Block dated 04/30/07 by Station Nineteen Architects Inc.
Boundary and Topographic Survey dated 04/04/07 by Egan, Field, & Nowak, Inc
Tree Inventory dated 03/07/07 by Egan, Field, & Nowak, Inc
Sheet C-01 Existing Conditions dated 04/30/07 by STS Consultants
Sheet D-01 Phase I Demolition Plan dated 04/30/07 by STS Consultants
Sheet C-02 Phase I Site Plan dated 04/30/07 by STS Consultants
Sheet C-03 Phase I Grading Plan dated 04/30/07 by STS Consultants
Sheet L1 Landscape Plan dated 04/30/07 by Derek Young Landscape Architecture
Sheet A0.1 Lower Level Code Plan dated 04/04/07 by Station Nineteen Architects Inc.
Sheet A0.2 Main Level Code Plan dated 04/04/07 by Station Nineteen Architects Inc.
Sheet A3.1 Lower Level Plan dated 04/04/07 by Station Nineteen Architects Inc.
Sheet A3.2 Main Level Plan dated 04/04/07 by Station Nineteen Architects Inc.
Sheet A5.1 Roof Plan dated 04/04/07 by Station Nineteen Architects Inc.
Sheet A6.1 Exterior Color Elevations dated 04/30/07 by Station Nineteen Architects Inc.
Sheet A6.1 (Option A) Exterior Color Elevations dated 04/30/07 by Station Nineteen Architects
Inc.
Sheet SO.1 Structural Notes and Special Inspection dated 04/04/07 by Mattson Macdonald
Young Sheet S 1.1 Footing and Foundation Plan dated 04/04/07 by Mattson Macdonald Young
Sheet S1.2 Main Floor Framing Plan dated 04/04/07 by Mattson Macdonald Young
Sheet S1.3 Roof Framing Plan dated 04/04/07 by Mattson Macdonald Young
EXHIBIT C
DEVELOPMENT AGREEMENT - LIFE CHURCH
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
With respect to any interest in all portions of the Property which Developer is required,
pursuant to this Agreement, to dedicate or convey to the City (the "Dedicated Property"),
Developer represents and warrants as follows now and at the time of dedication or
conveyance:
A.That Developer has marketable fee title free and clear of all mortgages, liens, and
other encumbrances .Prior to final plat approval ,Developer shall provide to the City
a current title insurance policy insuring such a condition of title.
B.That Developer has not used, employed, deposited, stored, disposed of, placed or
otherwise allowed to come in or on the Dedicated Property, any hazardous substance,
hazardous waste ,pollutant ,or contaminant ,including, but not limited to, those
defined in or pursuant to 42 U.S.C. § 9601,et. seq.,or Minn. Stat.,Sec. 115B .01, et.
seq. (such substances ,wastes, pollutants ,and contaminants hereafter referred to as
"Hazardous Substances");
C.That Developer has not allowed any other person to use, employ ,deposit ,store,
dispose of, place or otherwise have ,in or on the Property ,any Hazardous Substances.
D.That no previous owner, operator or possessor of the Property deposited, stored,
disposed of, placed or otherwise allowed in or on the Property any hazardous
substances.
Developer agrees to indemnify, defend and hold harmless City, its successors and assigns,
against any and all loss ,costs ,damage and expense ,including reasonable attorneys fees and
costs that the City incurs because of the breach of any of the above representations or
warranties and/or resulting from or due to the release or threatened release of Hazardous
Substances which were, or are claimed or alleged to have been, used, employed, deposited,
stored, disposed of, placed, or otherwise located or allowed to be located, in or on the
Dedicated Property by Developer, its employees, agents, contractors or representatives.
VIII.Developer acknowledges that Developer is familiar with the requirements of Chapter 11,
Zoning, and Chapter 12, Subdivision Regulations, of the City Code and other applicable City
ordinances affecting the development of the Property.Developer agrees to develop the
Property in accordance with the requirements of all applicable City Code requirements and
City Ordinances.
IX.Prior to release of the final plat, Developer shall pay to City fees for the first three (3) years'
street lighting on the public streets adjacent to the Property (including installation costs, if
any, as determined by electrical power provider), engineering review, and street signs.
X.Developer shall submit detailed water main, fire protection, and emergency vehicle access
plans to the Fire Marshal for review and approval.Developer shall follow all the
recommendations of the Fire Marshal.
XI.Developer acknowledges that the rights of City performance of obligations of Developer
contemplated in this agreement are special ,unique ,and of an extraordinary character, and
that, in the event that Developer violates ,or fails, or refuses to perform any covenant,
condition ,or provision made herein ,City may be without an adequate remedy at law.
Developer agrees ,therefore ,that in the event Developer violates ,fails, or refuses to perform
any covenant ,condition ,or provision made herein ,City may,at its option, institute and
prosecute an action to specifically enforce such covenant ,withhold building permits or
rescind or revoke any approvals granted by the City.No remedy conferred in this agreement
is intended to be exclusive and each shall be cumulative and shall be in addition to every
other remedy .The election of anyone or more remedies shall not constitute a waiver of any
other remedy.
XII.Developer shall, prior to the commencement of any improvements, provide written notice to
Comcast of the development contemplated by this Development Agreement. Notice shall be
sent to Comcast Cable, 9705 Data Park, Minnetonka, Minnesota 55343.
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 ,wells 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.
CONSENT TO DEVELOPER'S AGREEMENT
The undersigned is the Mortgagee in that certain Mortgage dated July 28, 2006, and filed in
the Office of the County Recorder for Hennepin County, Minnesota, on August 9, 2006 as
Document No. 8842691 embracing land within the County of Hennepin, State of Minnesota. The
undersigned does hereby consent to the above Developer's Agreement and agrees to be bound by the
same.
In testimony thereof, the undersigned has hereunto executed this instrument this /a'day of
July 2007
First Community Bank
a corporation organized and existing
under the laws of the State of Minnesota
Title:U/Crz
STATE OF MINNESOTA )
Cod --
) ss.
COUNTY OF
The forego instrum t s ac knowledged before e this IZ day of L 'I
2o, by i j OC QI?D the 'V1`C^residen_ -of
F-i'r.st-om i anl4-a corporation organized and existing under the laws of the State of
iAnf2 5 a x-
yNotar
d.•rg ROXANNE M. THOMPSON
Notary Public
Minnesota
Commission Expires January 31, 2010
CITY COUNCIL AGENDA DATE: July 17, 2007
SECTION: Consent Agenda
DEPARTMENT/DIVISION:ITEM DESCRIPTION:ITEM NO.: VIII.C.
Community Development/Planning Lariat Center I and Eden PrairieJanet Jeremiah AutomallMichael Franzen
Requested Action
Move to:
•Approve 2nd Reading of the Ordinance for PUD District Review and Zoning District Amendment
on 5.85 acres; and
•Adopt the Resolution for Site Plan Review on 5.85 acres; and
•Approve the Development Agreement for Lariat Center - Applebee's; and
•Approve and Authorize Issuance of a Grading Permit for Applebee's, subject to
release by the City Engineer upon determination that the final contract documents
conform to plans stamp dated June 5, 2007, as approved by the City Council.
Synopsis
This is final approval of the plans and development agreement for an exterior remodel of both
buildings.
Background Information
The 120-Day Review Period Expires on August 15, 2007.
Attachments
1.Ordinance for PUD District Review
2.Summary Ordinance
3.Resolution for Site Plan Review
4.Development Agreement Supplement
5.Exhibit D
6.Exhibit E
LARIAT CENTER I AND EDEN PRAIRIE AUTOMALL
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO.20-2007-PUD -8-2007
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING
CERTAIN LAND WITHIN A ZONING DISTRICT, AMENDING THE LEGAL
DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE
CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS,
CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Section 1.That the land which is the subject of this Ordinance (hereinafter, the
"land") is legally described in Exhibit A attached hereto and made a part hereof.
Section 2 .That action was duly initiated proposing that the land be amended within
the Commercial Regional Service Zoning District 20-2007-PUD-8-2007 (hereinafter "PUD-8-
2007-20).
Section 3 .The City Council hereby makes the following findings:
A.PUD-8-2007-20 is not in conflict with the goals of the Comprehensive Guide Plan
of the City.
B.PUD-8-2007-20 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-8-2007-20 are justified by the design of the development
described therein.
D.PUD-8-2007-20 is of sufficient size, composition, and arrangement that its
construction, marketing, and operation is feasible as a complete unit without dependence
upon any subsequent unit.
Section 4.The land shall be subject to the terms and conditions of that certain
Development Agreement dated as of July 17, 2007, entered into between Lariat Companies, and
the City of Eden Prairie, (hereinafter "Development Agreement ). The Development Agreement
contains the terms and conditions of PUD-8-2007-20, and are hereby made a part hereof.
Section 5.The proposal is hereby adopted and the land shall be, and hereby is
amended within the Commercial Regional Service Zoning District and shall be included
hereafter in the Planned Unit Development 8-2007-20, 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
5th day of June ,2007, 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 17th day of July,
2007.
ATTEST:
Kathleen Porta ,City Clerk Phil Young, Mayor
PUBLISHED in the Eden Prairie Sun Current on ,2007.
EXHIBIT A
PUD Legal Description - Lariat Center I and Eden Prairie
Automall
Lot 1 and 2, Block 1, Flaherty 1St Addition
LARIAT CENTER I AND EDEN PRAIRIE AUTOMALL
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
SUMMARY OF
ORDINANCE NO.20-2007-PUD-8-2007
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING THE
ZONING OF CERTAIN LAND WITHIN ONE DISTRICT, AND ADOPTING BY
REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 ,WHICH, AMONG
OTHER THINGS, CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ,ORDAINS:
Summary :This ordinance allows amendment of the zoning of land located at Prairie
Center Drive and Joiner Way within the Commercial Regional Service Zoning District. Exhibit
A, included with this Ordinance, gives the full legal description of this property.
Effective Date:This Ordinance shall take effect upon publication.
ATTEST:
Kathleen Porta ,City Clerk Phil Young, Mayor
PUBLISHED in the Eden Prairie Sun Current on 12007.
(A full copy of the text of this Ordinance is available from City Clerk.)
LARIAT CENTER I AND EDEN PRAIRIE AUTOMALL
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2007-
A RESOLUTION GRANTING SITE PLAN APPROVAL
FOR LARIAT CENTER - APPLEBEE'S
BY LARIAT COMPANIES
WHEREAS, Lariat Companies, has applied for Site Plan approval of Lariat Center I and
Eden Prairie Automall to construct new architecture and signs, by an Ordinance approved by the
City Council on June 5, 2007; and
WHEREAS, the Planning Commission reviewed said application at a public hearing at
its May 22, 2007 meeting and recommended approval of said site plans; and
WHEREAS , the City Council has reviewed said application at a public hearing at its
June 5, 2007 meeting.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL
OF THE CITY OF EDEN PRAIRIE, that site plan approval be granted to Lariat Center I and
Eden Prairie Automall based on the Development Agreement between Lariat Companies and the
City of Eden Prairie, reviewed and approved by the City Council on July 17, 2007.
ADOPTED by the City Council of the City of Eden Prairie this 17th day of July, 2007.
Phil Young, Mayor
ATTEST:
Kathleen Porta ,City Clerk
LARIAT CENTER I AND EDEN PRAIRIE AUTOMALL
SUPPLEMENT TO DEVELOPER'S AGREEMENT
THIS SUPPLEMENT TO AGREEMENT ,made and entered into as of July 17, 2007,
2007, by LARIAT COMPANIES ,INC, a Minnesota Corporation ,hereinafter referred to as
"Developer ,"its successors and assigns ,and the CITY OF EDEN PRAIRIE, a municipal
corporation ,hereinafter referred to as "City";
WHEREAS, Developer has applied to City for Developer Planned Unit Development
Concept Review on 5.85 acres, Planned Unit Development District Review with waivers on 5.85
acres, Zoning District Amendment in the Commercial Regional Service (C-Reg-Ser) Zoning District
on 5.85 acres, and Site Plan Review on 5.85 acres, all situated in Hennepin County, State of
Minnesota, more fully described in Exhibit A, attached hereto and made a part hereof, and;
WHEREAS, the parties desire to amend the Development Agreements, as described in
Exhibit D and E, between Lariat Companies, Inc and the City of Eden Prairie for Lariat Center
Retail Center, dated September 6, 1988, and Austin Companies, Inc and the City of Eden Prairie for
Lariat Center Auto Mall dated September 6, 1988 (hereinafter the "Development Agreement ) for
that portion of the Property legally described in Exhibit A, attached hereto and made a part hereof,
and depicted as the "Amended Area" in the Plans, and made a part hereof;
NOW THEREFORE, in consideration of the City adopting Resolution No.for
Planned Unit Development Concept Review, Ordinance No.for Planned Unit
Development District Review and Zoning District Amendment in the Commercial Regional Service
(C-Reg-Ser) Zoning District on 5.85 acres, and Resolution No.for Site Plan
Review, Developer agrees to construct, develop and maintain the Property as follows:
1 "Developer shall develop the Amended Area of the Property in conformance with
the materials revised and dated June 5, 2007, reviewed and approved by the City
Council on June 5, 2007, and attached hereto as the Plans, subject to such changes
and modifications as provided herein.
2.EXHIBIT C: Developer agrees to the terms, covenants , agreements , and conditions
set forth in Exhibit C.
3.DEVELOPER'S RESPONSIBILITY FOR CODE VIOLATIONS: In the event
of a violation of City Code relating to use of the Land construction thereon or failure
to fulfill an obligation imposed upon the Developer pursuant to this Agreement, City
shall give 24 hour notice of such violation in order to allow a cure of such violation,
provided however, City need not issue a building or occupancy permit for
construction or occupancy on the Land while such a violation is continuing, unless
waived by City.
The existence of a violation of City Code or the failure to perform or fulfill an
obligation required by this Agreement shall be determined solely and conclusively by
the City Manager of the City or a designee.
4.DEVELOPER 'S RESPONSIBILITY FOR ITS CONTRACTORS :Developer
shall release ,defend and indemnify City,its elected and appointed officials,
employees and agents from and against any and all claims, demands, lawsuits,
complaints ,loss, costs (including attorneys' fees ),damages and injunctions relating
to any acts ,failures to act, errors ,omissions of Developer or Developer's consultants,
contractors, subcontractors ,suppliers and agents.Developer shall not be released
from its responsibilities to release ,defend and indemnify because of any inspection,
review or approval by City.
5.EXTERIOR MATERIALS :Prior to building permit issuance, Developer shall
submit to the City Planner ,and receive the City Planner's written approval of a plan
depicting exterior materials and colors to be used on the buildings on the Property.
Prior to issuance of any occupancy permit for the Property, Developer shall complete
implementation of the approved exterior materials and colors plan in accordance with
the terms and conditions of Exhibit C, attached hereto.
6.PUD WAIVERS GRANTED :The city hereby grants the following waivers to City
Code requirements within the Commercial Regional Service District through the
Planned Unit Development District Review for the Property and incorporates said
waivers as part of PUD (list PUD number):
•A side yard setback of 0' along the common lot line for
Parking. City code requires a minimum of 10 feet.
7.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.
8.Developer ratifies and reaffirms all of the terms and conditions and accepts the
obligations of "Developer "under the Development Agreement, except as amended
by this Supplement.
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
Lariat Companies, Inc
By
STATE OF MINNESOTA )
COUNTY OF HENNEPIN )
ss.
Phil Young
Its Mayor
By
Scott H. Neal
Its City Manager
The foregoing instrument was acknowledged before me this day of , 2007,
by Phil Young 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 , 2007, by
,the ,of
a Minnesota ,on behalf of the
THIS INSTRUMENT WAS DRAFTED BY:
Notary Public
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344
EXHIBIT A - SUPPLEMENT TO DEVELOPMENT AGREEMENT LARIAT CENTER I
AND EDEN PRAIRIE AUTOMALL
Legal Description:
Lot 1 and 2, Block 1, Flaherty 1St Addition
EXHIBIT B
SUPPLEMENT TO DEVELOPMENT AGREEMENT- LARIAT CENTER I AND EDEN
PRAIRIE AUTOMALL
PLANS
1.Sheet Al ,Site Plan dated 05 /17/07 by Cluts O'Brian Strother Architects
2.Sheet A2 ,Floor Plan Sections dated 05 /17/07 by Cluts O'Brian Strother Architects
3.Sheet A3,Elevations dated 05 /17/07 by Cluts O'Brian Strother Architects
4.Sheet A4,Elevations dated 05 /17/07 by Cluts O'Brian Strother Architects
5.Sheet A5 ,Elevations dated 05 /17/07 by Cluts O'Brian Strother Architects
6.Sheet S-1, Framing Plans dated 05 /16/07 by LS Engineers
7.Sheet S-2 Details dated 05 /16/07 by LS Engineers
8.Sheet S-3 Structural Notes dated 05 /16/07 by LS Engineers
EXHIBIT C -SUPPLEMENT TO DEVELOPMENT AGREEMENT LARIAT CENTER
I AND EDEN PRAIRIE AUTOMALL
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. 115B.01, et.
seq. (such substances, wastes, pollutants, and contaminants hereafter referred to as
"Hazardous Substances");
C.That Developer has not allowed any other person to use, employ, deposit, store,
dispose of, place or otherwise have, in or on the Property, any Hazardous Substances.
D.That no previous owner, operator or possessor of the Property deposited, stored,
disposed of, placed or otherwise allowed in or on the Property any hazardous
substances.
Developer agrees to indemnify, defend and hold harmless City, its successors and assigns,
against any and all loss ,costs, damage and expense, including reasonable attorneys fees and
costs that the City incurs because of the breach of any of the above representations or
warranties and/or resulting from or due to the release or threatened release of Hazardous
Substances which were, or are claimed or alleged to have been, used, employed, deposited,
stored, disposed of, placed, or otherwise located or allowed to be located, in or on the
Dedicated Property by Developer, its employees, agents, contractors or representatives.
VIII.Developer acknowledges that Developer is familiar with the requirements of Chapter 11,
Zoning, and Chapter 12, Subdivision Regulations, of the City Code and other applicable City
ordinances affecting the development of the Property.Developer agrees to develop the
Property in accordance with the requirements of all applicable City Code requirements and
City Ordinances.
IX.Prior to release of the final plat, Developer shall pay to City fees for the first three (3) years'
street lighting on the public streets adjacent to the Property (including installation costs, if
any, as determined by electrical power provider), engineering review, and street signs.
X.Developer shall submit detailed water main, fire protection, and emergency vehicle access
plans to the Fire Marshal for review and approval.Developer shall follow all the
recommendations of the Fire Marshal.
XI.Developer acknowledges that the rights of City performance of obligations of Developer
contemplated in this agreement are special ,unique ,and of an extraordinary character, and
that ,in the event that Developer violates ,or fails, or refuses to perform any covenant,
condition ,or provision made herein ,City may be without an adequate remedy at law.
Developer agrees ,therefore ,that in the event Developer violates ,fails, or refuses to perform
any covenant ,condition ,or provision made herein ,City may,at its option ,institute and
prosecute an action to specifically enforce such covenant ,withhold building permits or
rescind or revoke any approvals granted by the City.No remedy conferred in this agreement
is intended to be exclusive and each shall be cumulative and shall be in addition to every
other remedy .The election of anyone or more remedies shall not constitute a waiver of any
other remedy.
XII.Developer shall, prior to the commencement of any improvements, provide written notice to
Comcast of the development contemplated by this Development Agreement. Notice shall be
sent to Comcast Cable, 9705 Data Park, Minnetonka, Minnesota 55343.
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 ,wells 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.
EXHIBIT D SUPPLEMENT TO DEVELOPMENT AGREEMENT- LARIAT CENTER
I AND EDEN PRAIRIE AUTOMALL
Development Agreement between Lariat Companies, Inc and the City of Eden Prairie for Lariat
Center Retail Center, dated September 6, 1988
EXHIBIT E
SUPPLEMENT TO DEVELOPMENT AGREEMENT- LARIAT CENTER I AND EDEN
PRAIRIE AUTOMALL
Development Agreement between Austin Companies, Inc and the City of Eden Prairie for Lariat
Center Auto Mall dated September 6, 1988
Lariat Center
DEVELOPER'S AGREEMENT
THIS AGREEMENT,made and entered into as of
Lariat Gentcr,Inc.,a Minnesota corporation,hereinafter
c:fr (,AN;n'J-
Retail Center
1988, by
referred to as
"Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter
referred to as "City:"
WITNESSETH:
WHEREAS, Developer has applied to City for Planned Unit Development Concept,
Planned Unit Development District Review on 18 acres, with waivers, and Zoning
District Change from Rural to PUD-7-88-Commercial-Regional-Service on 2.56 acres,
and Preliminary Plat of 4.8 acres into two lots, one for construction of a 22,830
sq. ft. retail center on said 4.8 acres, all situated in Hennepin County, State of
Minnesota, more fully described in Exhibit A, attached hereto and made a part
hereof, and said acreage hereinafter referred to as "the property;"
NOW, THEREFORE, in consideration of the City adopting Ordinance#28-88-PUD-
7-88,Developer covenants and agrees to construction upon,development,and
maintenance of said property as follows:
1.Developer shall develop the property in conformance with the
materials revised and dated July 14, 1988, reviewed and approved by
the City Council on July 19, 1988, and attached hereto as Exhibit B,
subject to such changes and modifications as provided herein.
Developer shall not develop,construct upon,or maintain the
property in any other respect or manner than provided herein.
2.Developer covenants and agrees to the performance and observance by
Developer at such times and in such manner as provided therein of
all of the terms, covenants, agreements, and conditions set forth in
Exhibit C, attached hereto and made a part hereof.
3.Prior to release by the City of the final plat, Developer agrees to
submit to the Building Department, and to obtain the Building
Department's approval of detailed plans for the retaining walls
indicated on the grading plan in Exhibit B, attached hereto. Said
plans shall include details with respect to the height, type of
materials, and method.of construction to be used for said retaining
walls.
Upon approval by the Building Department, Developer agrees to
construct said retaining wall improvements as stated above, as
approved by the Building Department, concurrent with the grading on
the property,and in accordance with the terms and conditions of
Exhibit C, attached hereto.
4.Prior to release of the final plat by the City, Developer agrees to
submit to the City and obtain the City's approval of the following:
A.Cross access easements between Lots 1 and 2, as depicted in
Exhibit B, attached hereto, for purposes of cross traffic
circulation and shared parking between the retail center and
the auto mall.
B.A Special Assessment Agreement with the City for the future
upgrading of Medcom Boulevard.
Upon approval by the City ,Developer agrees to implement, or cause
to be implemented ,the easements and agreement listed above, as
approved by the City ,in accordance with the terms and conditions of
Exhibit C,attached hereto.
5.Developer shall notify the City and the Watershed District 48 hours
prior to any grading, tree removal, or tree cutting on the property.
6.Prior to issuance of any building permit upon the property,
Developer shall submit to'the City Engineer, and obtain the City
Engineer's approval of plans for streets, sanitary sewer., water,
storm sewer, and erosion control for the property.
Upon approval by the City Engineer, Developer shall construct, or
.cause to be constructed, those improvements listed above in said
plans, as approved by the City Engineer, in accordance with Exhibit
C, attached hereto.
7.Prior to issuance of any building permit on the property, Developer
agrees to submit. to the Director of Planning, and to obtain the
Director's approval of:
A.An overall signage plan coordinated with the auto mall to be
constructed on Lot 2 of the property as depicted in Exhibit
B, attached hereto, depicting size, color, letter type and
location on the buildings.
B.Color samples of the exterior building materials which are
coordinated with the auto mall to be constructed on Lot 2 of
the property as depicted in Exhibit B, attached hereto.
C.Plans for screening of mechanical equipment for the
structure which shall be coordinated with the auto mall to
be constructed on Lot 2 of the property, as depicted in
Exhibit B,attached hereto,and which shall be
architecturally compatible with the materials provided for
item B., above. Said plans shall demonstrate the manner in
which said equipment shall be screened from the residential
uses to the east of the property.
D.Plans for the irrigation for the property to be coordinated
with the auto mall to be constructed on Lot 2 of the
property, as depicted in Exhibit B, attached hereto.
E.An executed Cross Parking Agreement allowing for 30 parking
spaces to be constructed on Lot 2, the auto mall, of the
property for users from Lot 1, the retail center of the
property, all as depicted in Exhibit B, attached hereto.
Upon approval by the Director of Planning, Developer agrees to
implement,or cause to be implemented,those improvements and
materials listed above, as approved by the Director of Planning, in
accordance with the terms and conditions of Exhibit C, attached
hereto.
8.Concurrent with utility construction on the property, Developer
agrees to construct a five-foot wide, five-inch thick, concrete
sidewalk along the south side of Prairie Center Drive and along the
east side of Lot 1 along Joiner Way, all as depicted in Exhibit B,
attached hereto. Said sidewalks shall be constructed in compliance
with City standards and specifications and in accordance with the
terms and conditions of Exhibit C, attached hereto.
9.Developer and City acknowledge that the property lies within the
Major Center Area of the City and that development of the property
is subject to the findings of the 1985 BRW Traffic Study for the
Major Center Area. Developer agrees, therefore, to limit the P.M.
.Peak Hour Trip Generation on the entire Lariat Center Planned Unit
Development to that which was allocated as part of the 1985 BRW
Traffic Study for the Major Center Area, or a total of 424 for the
overall Lariat Center Planned Unit Development.Developer
acknowledges that the trips which will be generated by the Lariat
Center retail use on Lot 1 and by the Lariat Center auto mall on Lot
2, all as depicted in Exhibit B, attached hereto, will generate a
total of 155 trips,or 42 more than the 113 allocation for that
portion of the Lariat Center Planned Unit Development. Developer,
therefore, agrees that in order to mitigate this traffic impact, the
trip generation on the southern portion of the overall Planned Unit
Development property shall be reduced by approximately 42 P.M. Peak
Hour trips to 269 trips in order to compensate for the additional 42
trips generated by Lariat Center development as depicted in Exhibit
B, attached hereto.
10.As part of the Planned Unit Development #7-88, City hereby grants a
waiver from the requirements of Chapter 11 as, follows:
A.From the maximum Base Area Ratio (BAR) of 20% to 20.5% for
the retail center on Lot 1, as depicted in Exhibit B,
attached hereto.
B.From the requirement that all required parking spaces be
available on the property, to allow for 30 of the required
parking spaces to be available on the adjacent lot, Lot 2,
all as depicted in Exhibit B, attached hereto, with a shared
parking agreement and cross access agreement.
IN WITNESS WHEREOF, the parties to this Agreement have caused these
presents to be executed as of the day and year aforesaid.
CITY OF EDEN PRAIRIE
ary D..: ' Pet'ef **, Mayor
STATE OF MINNESOTA)
)SS.
COUNTY OF HENNEPIN)
The foregoing instrument was acknowledged before me this (a ``-"day of
,7g_____ ,,1988, by Gary D .Peterson,the Mayor and Carl J .Jullie,
the c ity Manager of the City of Eden Prairie ,a Minnesota municipal corporation, on
behalf of said corporation.
KATE KARNAS
NOTARY PUDLIC - MINNESOTA
HENNEPIN COUNTY
My commission expires Apr. 6, 1989
LARIAT -OE-rr; E-;- INC.Co 44 /WV;zS-
Edward F. Flaherty, President
STATE OF MINNESOTA)
)SS.
COUNTY OF HENNEPIN)
The foregoing instrument was acknowledged before me this 3 15 f-day of
1988,by Edward F. Flaherty, the President of Lariat
.Gertel°,c., a Minnesota corporation, on behalf of the corporation.
Cent (.^,c%s
A JULIE A SKARDA.acs NOTARY PUBLIC -MINNESOTA
My Commission Expires Aug .11, 1991
RAMSEY COUNTY
Exhibit A
Legal Description
PUD Concept Review and District Review
Outlots D and E, Preserve Commercial Park South, Hennepin County, Minnesota.
Zoning District Change from Rural to Commercial-Regional-Service
and Preliminary Plat
Outlot D, Preserve Commercial Park South, Hennepin County, Minnesota.
DEVELOPER'S AGREEMENT
EXHIBIT C
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.
II.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 rezoning of said property to
Rural.
III.Provisions of this Agreement shall be binding upon and enforceable against
owners,their successors, and their assigns of the property herein
described.
IV.Developer represents and warrants that they own fee title to the property
free and clear of mortgages, liens, and other encumbrances.
V.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.
VI.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 (including
installation costs,if any, as determined by electrical power provider),
engineering review, and street signs.
VII.City shall not issue any building permit for the construction of any
building, structure, or improvement on any land required to be subdivided
until all requirements listed above have been satisfactorily addressed by
Developer.
VIII.Developer shall submit detailed watermain and fire protection plans to the
Fire Marshall for review and approval. Developer shall follow all the
recommendations of the Fire Marshall.
IX.Developer acknowledges that the rights of City to 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
performance of such covenant.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 any one or more remedies
shall not constitute a waiver of any other remedy.
X.Any term of this Agreement that is illegal or unenforceable at law or in
equity shall be deemed to be void and of no force or effect to the extent
necessary to bring such term within the provisions of any such applicable
law or laws, and such terms as so modified and the balance of the terms of
this agreement shall be enforceable.
XI.Developer shall,prior to the commencement of any improvements, provide
written notice to Rogers Cablesystems Southwest,a Minnesota Limited
Partnership, the franchisee under the City's Cable Communication Ordinance
(80-33)of the development contemplated by this Developer's Agreement.
Notice shall be sent to Rogers Cablesystems Southwest, 801 Plymouth Avenue
North, Minneapolis, Minnesota, 55411.
Lariat Center
Auto Mall
DEVELOPER'S AGREEMENT
THIS AGREEMENT ,made and entered into as of 1988, by
Austin Companies,Inc.,a Minnesota corporation,hereinafter referred to as
"Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter
referred to as "City:"
WITNESSETH:
WHEREAS, Developer has applied to City for Planned Unit Development Concept,
Planned Unit Development District Review on 18 acres, with waivers, and Zoning
District Change from Rural to PUD-7-88-Commercial-Regional-Service on 2.27 acres,
and Preliminary Plat of 4.8 acres into two lots, one of said lots for construction
of and an 18,845 sq. ft. auto mall on said 2.27 acres, all situated in Hennepin
County, State of Minnesota, more fully described in Exhibit A, attached hereto and
made a part hereof, and said acreage hereinafter referred to as "the property;"
,NOW, THEREFORE, in consideration of the City adopting Ordinance #28-88-PUD-
7-88,Developer covenants and agrees to construction upon,development,and
maintenance of said property as follows:
1.Developer shall develop the property in conformance with the
materials revised and dated.July 14, 1988, reviewed and approved by
the City Council on July 19 ,1988, and attached hereto.as Exhibit B,
subject to such changes and modifications as provided herein.
Developer shall not develop, construct upon, or maintain the
property in any other respect or manner than provided'herein.
2.Developer covenants and agrees to the performance and observance by
Developer at such times and in such manner as provided therein of
all of the terms, covenants, agreements, and conditions set forth in
Exhibit C, attached hereto and made a part hereof.
3.Prior to release by the City of the final plat, Developer agrees to
submit to the Building Department,and to obtain the Building
Department's approval of detailed plans for the retaining walls
indicated on the grading plan in Exhibit B, attached hereto. Said
plans shall include details with respect to the height, type of
materials, and method of construction to be used for said retaining
walls.
Upon approval by the Building Department, Developer agrees to
construct said retaining wall improvements as stated above, as
approved by the Building Department, concurrent with the grading on
the property,and in accordance with the terms and conditions of
Exhibit C, attached hereto.
4.Prior to release of the final plat by the City, Developer agrees to
submit to the City and to obtain the City's approval of the
following:
A.Cross access easements between Lots 1 and 2, as depicted in
Exhibit B, attached hereto, for purposes of cross traffic
circulation between the auto mall and the retail center.
B.A Special Assessment Agreement with the City for the future
upgrading of Medcom Boulevard.
C.An executed Cross Parking Agreement allowing for 30 parking
spaces to be located on the auto mall to be constructed on
Lot 2 of the property. Said 30 spaces shall be for users of
the retail center to be constructed on Lot 1 of the
property, all as depicted in Exhibit B, attached hereto.`
Upon approval by the City,Developer agrees to implement, or cause
to be implemented ,those easements and agreements listed above, as
approved by the City,.in accordance with the terms and conditions of
Exhibit C,attached hereto.
5.Developer shall notify the City and the Watershed District 48 hours
prior to any grading, tree removal, or tree cutting on the property.
6.Prior to issuance of any building permit upon the property,
Developer shall submit to the City Engineer, and obtain the City
Engineer's approval of plans for streets, sanitary sewer, water,
storm sewer, and erosion control for the property.
Upon approval by the City Engineer, Developer shall construct, or
cause to be constructed, those improvements listed above in said
plans, as approved by the City Engineer, in accordance with Exhibit
C, attached hereto.
7.Prior to issuance of any building permit on the property, Developer
agrees to submit to the Director of Planning, and to obtain the
Director's approval. of:
A.An overall signage plan coordinated with the retail center
to be constructed on Lot 1 of the property as depicted in
Exhibit B, attached hereto, depicting size, color, letter
type and location on the buildings.
B.Color samples of the exterior building materials coordinated
with the retail center to be constructed on Lot 1 of the
property, as depicted in Exhibit B, attached hereto.
C.Plans for screening of mechanical equipment for the
structures,which shall be architecturally compatible with
the materials provided for item B., above, and coordinated
with the retail center to be constructed on Lot 1 of the
property, as depicted in Exhibit B, attached hereto.
D.Plans for the. irrigation for the property to be coordinated
with the retail center to be constructed. on Lot. 1 of the
property, as depicted in Exhibit B, attached hereto.
Upon approval by the Director of Planning, Developer agrees to
implement,or cause to be implemented,those improvements and
materials listed above, as approved by the Director of Planning, in
accordance with the terms and conditions of Exhibit C, attached
hereto.
8.Concurrent with utility construction on the property, Developer
agrees to construct a five-foot wide, five-inch thick, concrete
sidewalk along the south side of Prairie Center Drive and along the
east side of Lot 1 along Joiner Way, all as depicted in Exhibit B,
attached hereto.. Said sidewalks shall be constructed in compliance
with City standards and specifications and in accordance with the
terms and conditions of Exhibit C, attached hereto.
9.Developer and City acknowledge that the property lies within the
Major.Center Area of the City and that development of the property
is subject to the findings of the 1985 BRW Traffic Study for the
Major Center Area. Developer agrees, therefore, to limit the P.M.
Peak Hour Trip Generation on the entire Lariat Center Planned Unit
Development to that which was allocated as part of the 1985 BRW
Traffic Study for the Major Center Area, or a total of 424 for the
overall Lariat Center Planned Unit Development.Developer
acknowledges that the trips which will be generated by the Lariat
Center retail use on Lot 1 and by the Lariat Center auto mall on Lot
2, all as depicted in Exhibit B, attached hereto, will generate a
total of 155 trips,or 42 more than the 113 allocation for that
portion of the Lariat Center Planned Unit Development. Developer,
therefore, agrees that in order to mitigate this traffic impact, the
trip generation on the southern portion of the overall Planned Unit
Development property shall be reduced by approximately 42 P.M. Peak
Hour trips to 269 trips in order to compensate for the additional 42
trips generated by Lariat Center development as depicted in Exhibit
B, attached hereto.
10.As part of the Planned Unit Development #7-88, City hereby grants a
waiver from the requirements of Chapter 11 as follows:
From the requirement of no parking spaces allowed within the
front yard to allowance of 14 proof-of-parking stalls
located within the front yard setback along Medcom Boulevard
as depicted in Exhibit B, attached hereto.
IN WITNESS WHEREOF, the parties to this Agreement have caused these
presents to be executed as of the day and year aforesaid.
CITY OF EDEN PRAIRIE
ary D.ters, rf, Mayor
Car J. `Juljl, e'City Manager
STATE OF MINNESOTA)
)SS.
COUNTY OF HENNEPIN)
The /foregoing .instrument was acknowledged before me this day of
,1988, by Gary D. Peterson, the Mayor and Carl J. Jullie,
the City Manager of the City of Eden Prairie ,a Minnesota municipal. corporation, on
behalf of said corporation.
KATE KARNASt_r N(ITArtY PUBLIC -MINNESOTA
HENNEPIN COUNTY
My commission expires Apr. 6, 1989
AUSTIN BURICH CO.
M. Austin Smith, Partner
STATE OF MINNESOTA)
)SS.
COUNTY OF HENNEPIN)
j DONNA M. MERRITT
NOTARY PUBLIC • MINNESOTA
HENNEPIN COUNTY
My Commission Expires Mar .13, 1991
The foregoing instrument was acknowledged before me this a S day of
&u 5-(,1988, by M .Austin Smith and B. Burich Smith, partners in
Austin Burich Co., a Minnesota general partnhip ,on behalf of of the partnership.
Exhibit A
Legal Description
PUD Concept Review and District Review
Outlots D and E ,Preserve Commercial Park South ,Hennepin County, Minnesota.
Zoning District Change from Rural to Commercial -Regional -Service
and Preliminary Plat
Outlot D, Preserve Commercial Park South,Hennepin County, Minnesota.
DEVELOPER'S AGREEMENT
EXHIBIT C
I.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.
II.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 rezoning of said property to
Rural.
III.Provisions of this Agreement shall be binding upon and enforceable against
owners,their successors,and their assigns of the property herein
described.
IV.Developer represents and warrants that they own fee title to the property
free and clear of mortgages, liens, and other encumbrances.
V.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.
VI.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 (including
installation costs,if any, as determined by electrical power provider),
engineering review, and street signs.
VII.City shall not issue any building permit for the construction of any
building, structure, or improvement on any land required to be subdivided
until all requirements listed above have been satisfactorily addressed by
Developer.
VIII.Developer shall submit detailed watermain and fire protection plans to the
Fire Marshall for review and approval. Developer shall follow all the
recommendations of the Fire Marshall.
IX.Developer acknowledges that the rights of City to 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
performance of such covenant.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 any one or more remedies
shall not constitute a waiver of any other remedy.
X.Any term of this Agreement that is illegal or unenforceable at law or in
equity shall be deemed to be void and of no force or effect to the extent
necessary to bring such term within the provisions of any such applicable
law or laws, and such terms as so modified and the balance of the terms of
this agreement shall be enforceable.
XI.Developer shall, prior to the commencement of any improvements, provide
written notice to Rogers Cablesystems Southwest,a Minnesota Limited
Partnership, the franchisee under the City's Cable Communication Ordinance
(80-33)of the development contemplated by this Developer's Agreement.
Notice shall be sent to Rogers Cablesystems Southwest, 801 Plymouth Avenue
North, Minneapolis, Minnesota, 55411.
Lariat Center
Auto Mall
OWNERS' SUPPLEMENT TO
DEVELOPER 'S AGREEMENT BETWEEN
AUSTIN BURICH CO.
AND THE CITY OF EDEN PRAIRIE
THIS AGREEMENT ,made and entered into as of 1988, by
and between Lariat Center ,Inc., a Minnesota corporation ,hereinafter referred to as
"Owner,"and the City of Eden Prairie, hereinafter referred to as "City:"
For and in consideration of, and to induce ,City to adopt Ordinance #28-88-
PUD-7-88 ,changing the zoning of the property owned by Owner from the Rural District
to the PUD -7-88-Commercial-Regional-Service District ,as more fully described in
that certain Developer's Agreement entered into as of September 6, 1988, by and
between Austin Burich Co .and City ,Owners agree with the City as follows:
1.If Austin Burich Co .fails to proceed in accordance with the
Developer 's Agreement within 24 months of the date hereof, Owner
shall not oppose the rezoning of the property to Rural.
2.This Agreement shall be binding upon and enforceable against Owner,
their successors, heirs, and assigns of the property.
3.If the Owner transfers such property ,Owner shall obtain an
agreement from the transferree requiring that such transferee agree
to the terms of the Developer 's Agreement.
CITY
STATE OF MINNESOTA)
)ss.
COUNTY OF HENNEPIN)
The foregoing ,instrument was acknowledged before me this day of
,1988, by Gary D. Peterson, the Mayor, and Carl J. Jullie, the
City.*Ma ager of the City of Eden Prairie, a municipal corporation, on behalf of the
corporation.
Notary P'ublic
LARIAT C ENTER, INC.10
Edward F. Flaherty, P esident
STATE OF MINNESOTA)
)SS.
COUNTY OF HENNEPIN)
The foregoing instrument was acknowledged before me this day of
1988, by Edward F. Flaherty, the President of Lariat -eernter,
Inc.,Minnesota corporation ,on behalf of the corporation .<f-:^vts-
If I NOTARYpu A. 8KAR®A-
,
...
MINNESOTA''RAMSq{^}. •,
'MY Commission Ex `u NTVp
997
CITY COUNCIL AGENDA DATE: July 17, 2007
SECTION: Consent Agenda
DEPARTMENT/DIVISION:ITEM DESCRIPTION:ITEM NO.: VIII.D.
Community Development/Planning Lariat Center III Addition
Janet Jeremiah
Michael Franzen
Requested Action
Move to:
•Approve 2nd Reading of the Ordinance for PUD District Review and Zoning District Amendment
on 3.96 acres; and
•Adopt the Resolution for Site Plan Review on 3.96 acres; and
•Approve the Development Agreement for Lariat Center III Addition; and
•Approve and Authorize Issuance of a Grading Permit for Lariat Center III Addition,
subject to release by the City Engineer upon determination that the final contract
documents conform to plans stamp dated June 19, 2007, as approved by the City
Council.
Synopsis
This is final approval of the plans and development agreement for a 12,400 square foot building
addition for restaurant and retail.
Background Information
The 120-Day Review Period Expires on September 15, 2007.
Attachments
1.Ordinance for PUD District Review
2.Summary Ordinance
3.Resolution for Site Plan Review
4.Development Agreement
LARIAT CENTER III ADDITION
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO.19-2007-PUD-7-2007
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING
CERTAIN LAND WITHIN A ZONING DISTRICT, AMENDING THE LEGAL
DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE
CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS,
CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Section 1.That the land which is the subject of this Ordinance (hereinafter, the
"land") is legally described in Exhibit A attached hereto and made a part hereof.
Section 2.That action was duly initiated proposing that the land be amended within
the Commercial Regional Service Zoning District 19-2007-PUD-7-2007 (hereinafter "PUD-7-
2007-19).
Section 3 .The City Council hereby makes the following findings:
A.PUD-7-2007-19 is not in conflict with the goals of the Comprehensive Guide Plan
of the City.
B.PUD-7-2007-19 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-7-2007-19 are justified by the design of the development
described therein.
D.PUD-7-2007-19 is of sufficient size ,composition, and arrangement that its
construction ,marketing, and operation is feasible as a complete unit without dependence
upon any subsequent unit.
Section 4.The land shall be subject to the terms and conditions of that certain
Development Agreement dated as of July 17, 2007, entered into between Lariat Companies, and
the City of Eden Prairie, (hereinafter "Development Agreement ). The Development Agreement
contains the terms and conditions of PUD-7-2007-19, and are hereby made a part hereof.
Section 5.The proposal is hereby adopted and the land shall be, and hereby is
amended within the Commercial Regional Service Zoning District and shall be included
hereafter in the Planned Unit Development 7-2007-19, 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
19th day of June ,2007, 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 17th day of July,
2007.
ATTEST:
Kathleen Porta ,City Clerk Phil Young, Mayor
PUBLISHED in the Eden Prairie Sun Current on ,2007.
EXHIBIT A
PUD Legal Description -
LARIAT CENTER III ADDITION
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
SUMMARY OF
ORDINANCE NO.19 -2007-PUD -7-2007
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING THE
ZONING OF CERTAIN LAND WITHIN ONE DISTRICT, AND ADOPTING BY
REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH, AMONG
OTHER THINGS, CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Summary :This ordinance allows amendment of the zoning of land located at Prairie
Center Drive & Crystal View Road within the Commercial Regional Service Zoning District.
Exhibit A, included with this Ordinance, gives the full legal description of this property.
Effective Date:This Ordinance shall take effect upon publication.
ATTEST:
Kathleen Porta ,City Clerk Phil Young, Mayor
PUBLISHED in the Eden Prairie Sun Current on 12007.
(A full copy of the text of this Ordinance is available from City Clerk.)
LARIAT CENTER III ADDITION
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2007-
A RESOLUTION GRANTING SITE PLAN APPROVAL
FOR LARIAT CENTER III ADDITION
BY LARIAT COMPANIES
WHEREAS, Lariat Companies, has applied for Site Plan approval of Lariat Center III
Addition to construct a two story 12,854 square foot building addition, by an Ordinance
approved by the City Council on June 19, 2007; and
WHEREAS, the Planning Commission reviewed said application at a public hearing at
its May 22, 2007 meeting and recommended approval of said site plans; and
WHEREAS , the City Council has reviewed said application at a public hearing at its
June 19 ,2007 meeting.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL
OF THE CITY OF EDEN PRAIRIE, that site plan approval be granted to Lariat Center III
Addition based on the Development Agreement between Lariat Companies and the City of Eden
Prairie, reviewed and approved by the City Council on July 17, 2007.
ADOPTED by the City Council of the City of Eden Prairie this 17th day of July, 2007.
Phil Young, Mayor
ATTEST:
Kathleen Porta ,City Clerk
DEVELOPMENT AGREEMENT
LARIAT CENTER III ADDITION
THIS DEVELOPMENT AGREEMENT ("Agreement ) is entered into as of July 17, 2007,
by Lariat Companies, Inc, a Minnesota corporation, hereinafter referred to as "Developer," its
successors and assigns ,and the CITY OF EDEN PRAIRIE ,a municipal corporation ,hereinafter
referred to as "City :
WITNESSETH:
WHEREAS, Developer has applied to City for Planned Unit Development Concept Review
on 3.96 acres, Planned Unit Development District Review with waivers on 3.96 acres, Zoning
District Amendment in the Commercial Regional Service (C-Reg-Ser) Zoning District on 3.96
acres, and Site Plan Review on 3.96 acres, legally described on Exhibit A (the "Property );
NOW, THEREFORE, in consideration of the City adopting, Resolution No.
for Planned Unit Development Concept Review, Ordinance No.for Planned Unit
Development District Review and Zoning District Amendment in the Commercial Regional Service
(C-Reg-Ser) Zoning District on 3.96 acres, and Resolution No.for Site Plan
Review, Developer agrees to construct, develop and maintain the Property as follows:
PLANS: Developer shall develop the Property in conformance with the materials revised
and stamp dated June 19, 2007, reviewed and approved by the City Council on June 19,
2007, (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.
4.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.
5.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.
6.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 information, including
wetland boundaries, wetland buffer strips and wetland buffer monument locations;
all Stormwater Facilities, such as water quality ponding areas, stormwater detention
areas, and stormwater infiltration systems; and any 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 Stormwater Facilities conform to
the final grading plan and that the Stormwater Facilities are functioning in
accordance with the approved plans.
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 FACILITY CONSTRUCTION: Stormwater Facilities,
including detention basins, retention basins or Stormwater Infiltration Systems (such
as rainwater gardens, vegetated swales, infiltration basins, vegetated filters, filter
strips, curbless parking lot islands, parking lot islands with curb-cuts, traffic islands,
tree box filters, bioretention systems or infiltration trenches) shall be maintained by
the Developer during construction and for a minimum of two (2) full growing
seasons after completion of the development to ensure that soil compaction, erosion,
clogging, vegetation loss and channelization of flow are not occurring, and thereafter
by the Owner of the Property. A Planting Plan for the Stormwater Facilities must be
submitted prior to release of the first building permit for the Development
Developer shall employ the design professional who prepared the final grading plan
to monitor construction of the Stormwater Facilities for conformance to the
Minnesota Pollution Control Agency publication entitled "State of Minnesota Storm
water manual dated November 2005, the approved final grading plan and the
requirements listed herein.
All Stormwater Infiltration Systems shall be delineated with erosion control fencing
prior to construction. The Stormwater Infiltration Systems shall be installed using
low-impact earth moving equipment. No equipment, vehicles, supplies or other
materials shall be allowed in the areas designated for stormwater infiltration during
construction. Pervious surfaces shall be stabilized with seed and mulch or sod and
all impervious surfaces must be completed prior to final grading and planting of the
Stormwater Infiltration Systems.
All Stormwater Facilities shall be kept free of debris, litter, invasive plants and
sediment. Sediment, debris, litter or vegetation removal in Stormwater Infiltration
Systems shall be by hand or with a flat-bottomed shovel or rake during dry periods.
Only enough sediment shall be removed as needed to restore hydraulic capacity,
leaving as much of the vegetation in place as possible. Any damaged turf or
vegetation shall be reseeded or replaced.
After the two year period of Developer maintenance, the Owner of the Property shall
be responsible for maintenance of the Stormwater Facilities. This shall include
debris and litter removal, removal of noxious and invasive plants, removal of dead
and diseased plants, re-mulching of void areas, replanting or reseeding areas where
dead or diseased plants were removed and removal of sediment build-up. Sediment
build-up in Stormwater Infiltration Systems shall be removed by hand.
C.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, concrete truck
washout areas and any other 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.
9.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 39 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 written
approval of a security in the form of a bond, cash escrow, or letter of credit, 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.
10.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.
11.PUD WAIVERS GRANTED :The city hereby grants the following waivers to City Code
requirements within the Commercial Regional Service District through the Planned Unit
Development District Review for the Property and incorporates said waivers as part of PUD
(list PUD number):
•A side yard setback of 0' along the common lot line for
the building .City code requires a minimum of 20 feet.
12.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.
13.SITE LIGHTING: Prior to building permit issuance, Developer shall submit to the City
Planner and receive the City Planner's written approval of a plan for site lighting on the
Property.All pole lighting shall consist of downcast shoebox fixtures not to exceed 20 feet
in height.Developer shall complete implementation of the approved lighting plan prior to
issuance of any occupancy permit for the Property.
14.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.
15.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.
16.UTILITY PLANS: Prior to issuance by the City of any permit for the construction of
public water main for the Property, Developer shall submit to the City Engineer, and obtain
the City Engineer's written approval of plans for public water main. 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.UNDERGROUND STORM WATER TREATMENT SYSTEM: The Developer shall
maintain the underground storm water treatment system in accordance with the manufacturer
recommendation including cleaning of the system to maintain the infiltration aspects of the
system.
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
Lariat Companies, Inc
By
Its
By
Its
STATE OF MINNESOTA )
COUNTY OF HENNEPIN )
ss.
By
Phil Young
Its Mayor
By
Scott H. Neal
Its City Manager
The foregoing instrument was acknowledged before me this day of , 2007,
by Phil Young 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 , 2007, by
, the , of Lariat Companies, Inc, a Minnesota Corporation, on
behalf of the
THIS INSTRUMENT WAS DRAFTED BY:
Notary Public
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344
EXHIBIT A
DEVELOPMENT AGREEMENT -LARIAT CENTER III ADDITION
Legal Description
Lots 1 and 2, Block 1 Lariat Center,Hennepin County ,Minnesota
EXHIBIT B
DEVELOPMENT AGREEMENT -LARIAT CENTER III ADDITION
PLANS
1.Sheet Al.1, Site Plan dated 06 /14/07 by Cluts O'Brian Strother Architects
2.Sheet A1.2, Site Section dated 06 /14/07 by Cluts O'Brian Strother Architects
3.Sheet A1.3, Site Lighting Plan dated 06 /14/07 by Cluts O'Brian Strother Architects
4.Sheet A2.1, Lower Level Floor Plan dated 06 /14/07 by Cluts O'Brian Strother Architects
5.Sheet A2.2, Upper Level Floor Plan dated 06 /14/07 by Cluts O'Brian Strother Architects
6.Sheet A3.1,Building Elevations dated 06 /14/07 by Cluts O'Brian Strother Architects
7.Sheet Cl, Utility,Grading ,Drainage and Erosion Control Plan dated 05 /15/07 by HTPO
8.Sheet C2,Existing Conditions dated 05 /02/07 by HTPO
9.Sheet L1, Landscape Plan dated 05-10-07 by HTPO
EXHIBIT C
DEVELOPMENT AGREEMENT - LARIAT CENTER III ADDITION
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
With respect to any interest in all portions of the Property which Developer is required,
pursuant to this Agreement, to dedicate or convey to the City (the "Dedicated Property"),
Developer represents and warrants as follows now and at the time of dedication or
conveyance:
A.That Developer has marketable fee title free and clear of all mortgages ,liens, and
other encumbrances. Prior to final plat approval ,Developer shall provide to the City
a current title insurance policy insuring such a condition of title.
B.That Developer has not used, employed, deposited, stored, disposed of, placed or
otherwise allowed to come in or on the Dedicated Property, any hazardous substance,
hazardous waste, pollutant, or contaminant, including, but not limited to, those
defined in or pursuant to 42 U.S.C. § 9601,et. seq.,or Minn. Stat.,Sec. 115B.01, et.
seq. (such substances ,wastes, pollutants ,and contaminants hereafter referred to as
"Hazardous Substances");
C.That Developer has not allowed any other person to use, employ, deposit ,store,
dispose of,place or otherwise have ,in or on the Property, any Hazardous Substances.
D.That no previous owner, operator or possessor of the Property deposited, stored,
disposed of, placed or otherwise allowed in or on the Property any hazardous
substances.
Developer agrees to indemnify, defend and hold harmless City, its successors and assigns,
against any and all loss ,costs ,damage and expense ,including reasonable attorneys fees and
costs that the City incurs because of the breach of any of the above representations or
warranties and/or resulting from or due to the release or threatened release of Hazardous
Substances which were, or are claimed or alleged to have been, used, employed, deposited,
stored, disposed of, placed, or otherwise located or allowed to be located, in or on the
Dedicated Property by Developer, its employees, agents, contractors or representatives.
VIII.Developer acknowledges that Developer is familiar with the requirements of Chapter 11,
Zoning, and Chapter 12, Subdivision Regulations, of the City Code and other applicable City
ordinances affecting the development of the Property.Developer agrees to develop the
Property in accordance with the requirements of all applicable City Code requirements and
City Ordinances.
IX.Prior to release of the final plat, Developer shall pay to City fees for the first three (3) years'
street lighting on the public streets adjacent to the Property (including installation costs, if
any, as determined by electrical power provider), engineering review, and street signs.
X.Developer shall submit detailed water main, fire protection, and emergency vehicle access
plans to the Fire Marshal for review and approval.Developer shall follow all the
recommendations of the Fire Marshal.
XI.Developer acknowledges that the rights of City performance of obligations of Developer
contemplated in this agreement are special, unique ,and of an extraordinary character, and
that ,in the event that Developer violates ,or fails ,or refuses to perform any covenant,
condition ,or provision made herein ,City may be without an adequate remedy at law.
Developer agrees, therefore, that in the event Developer violates ,fails ,or refuses to perform
any covenant ,condition ,or provision made herein ,City may ,at its option ,institute and
prosecute an action to specifically enforce such covenant, withhold building permits or
rescind or revoke any approvals granted by the City.No remedy conferred in this agreement
is intended to be exclusive and each shall be cumulative and shall be in addition to every
other remedy .The election of anyone or more remedies shall not constitute a waiver of any
other remedy.
XII.Developer shall, prior to the commencement of any improvements, provide written notice to
Comcast of the development contemplated by this Development Agreement. Notice shall be
sent to Comcast Cable, 9705 Data Park, Minnetonka, Minnesota 55343.
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 ,wells 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: July 17, 2007
SECTION: Consent Agenda
DEPARTMENT /DIVISION :ITEM DESCRIPTION :ITEM NO.: VIII.E.
Community Development/Planning Wilson Ridge Office Building
Janet Jeremiah
Michael Franzen
Requested Action
Move to:
•Approve 2nd Reading of the Ordinance for PUD District Review and Zoning District Amendment
in the Office Zoning District on 6.89 acres; and
•Adopt the Resolution for Site Plan Review on 6.89 acres; and
•Approve the Development Agreement for Wilson Ridge Office Building; and
Synopsis
This is final approval of plans and a development agreement for a 107,000 square foot office
building.
Attachments
1.Ordinance for PUD District Review
2.Summary Ordinance
3.Resolution for Site Plan Review
4.Development Agreement
WILSON RIDGE OFFICE BUILDING
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO.18-2007-PUD -6-2007
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING
CERTAIN LAND WITHIN A ZONING DISTRICT, AMENDING THE LEGAL
DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE
CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS,
CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Section 1.That the land which is the subject of this Ordinance (hereinafter, the
"land") is legally described in Exhibit A attached hereto and made a part hereof.
Section 2 .That action was duly initiated proposing that the land be amended within
the Office Zoning District 18-2007-PUD-6-2007 (hereinafter "PUD-6-2007-18).
Section 3 .The City Council hereby makes the following findings:
A.PUD -6-2007-18 is not in conflict with the goals of the Comprehensive Guide Plan
of the City.
B.PUD-6-2007-18 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-6-2007-18 are justified by the design of the development
described therein.
D.PUD-6-2007-18 is of sufficient size, composition, and arrangement that its
construction, marketing, and operation is feasible as a complete unit without dependence
upon any subsequent unit.
Section 4.The land shall be subject to the terms and conditions of that certain
Development Agreement dated as of July 17, 2007,entered into between Meridian FC LLC, and
the City of Eden Prairie , (hereinafter "Development Agreement ).The Development Agreement
contains the terms and conditions of PUD-6-2007-18 ,and are hereby made a part hereof.
Section 5.The proposal is hereby adopted and the land shall be, and hereby is
amended within the Office Zoning District and shall be included hereafter in the Planned Unit
Development 6-2007-18, 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
19th day of June ,2007, 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 17th day of July,
2007.
ATTEST:
Kathleen Porta ,City Clerk Phil Young, Mayor
PUBLISHED in the Eden Prairie Sun Current on ,2007.
EXHIBIT A
PUD Legal Description - Wilson Ridge Office Building
Before Final Plat Legal Description
Lot 2, Block 1, Wilson Ridge 3rd Addition
After Final Plat Legal Description
Lot 1, Block 1, Wilson Ridge 4th Addition
WILSON RIDGE OFFICE BUILDING
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
SUMMARY OF
ORDINANCE NO.18-2007-PUD-6-2007
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA ,AMENDING THE
ZONING OF CERTAIN LAND WITHIN ONE DISTRICT, AND ADOPTING BY
REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 ,WHICH, AMONG
OTHER THINGS, CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Summary :This ordinance allows amendment of the zoning of land located at 4580
Flying Cloud Drive within the Office Zoning District. Exhibit A, included with this Ordinance,
gives the full legal description of this property.
Effective Date:This Ordinance shall take effect upon publication.
ATTEST:
Kathleen Porta ,City Clerk Phil Young, Mayor
PUBLISHED in the Eden Prairie Sun Current on 12007.
(A full copy of the text of this Ordinance is available from City Clerk.)
WILSON RIDGE OFFICE BUILDING
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2007-
A RESOLUTION GRANTING SITE PLAN APPROVAL
FOR WILSON RIDGE OFFICE BUILDING
BY MERIDIAN FC LLC
WHEREAS ,Meridian FC LLC, has applied for Site Plan approval of Wilson Ridge
Office Building to construct a 106 ,968 square foot office building ,by an Ordinance approved by
the City Council on June 19 ,2007; and
WHEREAS, the Planning Commission reviewed said application at a public hearing at
its May 22, 2007 meeting and recommended approval of said site plans; and
WHEREAS , the City Council has reviewed said application at a public hearing at its
June 19 ,2007 meeting.
NOW, THEREFORE ,BE IT HEREBY RESOLVED BY THE CITY COUNCIL
OF THE CITY OF EDEN PRAIRIE, that site plan approval be granted to Wilson Ridge
Office Building based on the Development Agreement between Meridian FC LLC and the City
of Eden Prairie ,reviewed and approved by the City Council on July 17, 2007.
ADOPTED by the City Council of the City of Eden Prairie this 17th day of July, 2007.
Phil Young, Mayor
ATTEST:
Kathleen Porta ,City Clerk
DEVELOPMENT AGREEMENT
WILSON OFFICE - 2007
THIS DEVELOPMENT AGREEMENT ("Agreement ) is entered into as of July 17,
2007, by Meridian FC, 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 Planned Unit Development Concept Review
on 6.89 acres, Planned Unit Development District Review with waivers on 6.89 acres, Zoning
District Amendment within the Office Zoning District on 6.89 acres, Site Plan Review on 6.89
acres, and Preliminary Plat of 6.89 acres into one lot, legally described on Exhibit A (the
"Property );
NOW, THEREFORE, in consideration of the City adopting Resolution No.for
Planned Unit Development Concept Review, Ordinance No. 18-2007-PUD-7 for Planned Unit
Development District Amendment within the Office Zoning District, Resolution No.for
Site Plan Review, and Resolution No for Preliminary Plat, Developer agrees to
construct, develop and maintain the Property as follows:
PLANS: Developer shall develop the Property in conformance with the materials revised
and stamp dated June 19, 2007, reviewed and approved by the City Council on June 19,
2007, (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.CROSS ACCESS AND MAINTENANCE AGREEMENT: Prior to release of the final
plat for any portion of the property, Developer shall prepare a Cross Access and
Maintenance Agreement for Lot 1, Block 1, Wilson Ridge Fourth Addition and Lot 1, Block
1,Wilson Ridge Third Addition, the form and substance of which must be approved by the
City Engineer. This Agreement shall address joint vehicle access and maintenance over the
private streets, storm sewers, and rainwater gardens. 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 Easement, Private Utility 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 Easement, Private Utility and Maintenance
Agreement have been recorded in the Hennepin County Recorder's Office/Registrar of Titles'
Office in accordance with the requirements of this paragraph.
4.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.
5.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.
6.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.FLYING CLOUD DRIVE TURN LANE IMPROVEMENTS: Prior to issuance by the
City of any permit for the construction of the turn lane on Flying Cloud Drive adjacent to the
Property, Owner shall submit to the City Engineer, and obtain the City Engineer's written
approval of plans for the turn lane and relocated concrete sidewalk.The turn lane
improvements shall include widening Flying Cloud Drive and relocating the sidewalk to
provide a nine foot boulevard. 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, Owner shall furnish to the City Engineer and receive the City Engineer's
written approval of a security in the form of a performance bond, cash escrow, or letter of
credit, equal to 125% of the cost of said improvements . A permit fee of five percent of
construction value shall be paid to City by Owner. The design engineer shall provide daily
inspection, certify completion in conformance to approved plans and specifications and
provide record drawings.
8.UNDERGROUND STORM WATER TREATMENT SYSTEM: The Developer shall
be required to maintain the underground storm water treatment system in accordance with
the manufacturer recommendation including cleaning of the system to maintain the
infiltration aspects of the system.
9.GRADING WITHIN FLYING CLOUD DRIVE AND VALLEY VIEW ROAD RIGHT
OF WAY: The Developer shall grade all areas within the dedicated right of way adjacent
to Flying Cloud Drive and Valley View Road at a 3% slope off of the back of curb to
accommodate future roadway improvements. Any retaining walls needed adjacent to this
grading shall be constructed on private property and privately owned and maintained.
10.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 information, including
wetland boundaries, wetland buffer strips and wetland buffer monument locations;
all Stormwater Facilities, such as water quality ponding areas, stormwater detention
areas, and stormwater infiltration systems; and any 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 Stormwater Facilities conform to
the final grading plan and that the Stormwater Facilities are functioning in
accordance with the approved plans.
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 FACILITY CONSTRUCTION: Stormwater Facilities,
including detention basins, retention basins or Stormwater Infiltration Systems (such
as rainwater gardens, vegetated swales, infiltration basins, vegetated filters, filter
strips, curbless parking lot islands, parking lot islands with curb-cuts, traffic islands,
tree box filters, bioretention systems or infiltration trenches) shall be maintained by
the Developer during construction and for a minimum of two (2) full growing
seasons after completion of the development to ensure that soil compaction, erosion,
clogging, vegetation loss and channelization of flow are not occurring, and thereafter
by the Owner of the Property. A Planting Plan for the Stormwater Facilities must be
submitted prior to release of the first building permit for the Development
Developer shall employ the design professional who prepared the final grading plan
to monitor construction of the Stormwater Facilities for conformance to the
Minnesota Pollution Control Agency publication entitled "State of Minnesota Storm
water manual dated November 2005, the approved final grading plan and the
requirements listed herein.
All Stormwater Infiltration Systems shall be delineated with erosion control fencing
prior to construction. The Stormwater Infiltration Systems shall be installed using
low-impact earth moving equipment. No equipment, vehicles, supplies or other
materials shall be allowed in the areas designated for stormwater infiltration during
construction. Pervious surfaces shall be stabilized with seed and mulch or sod and
all impervious surfaces must be completed prior to final grading and planting of the
Stormwater Infiltration Systems.
All Stormwater Facilities shall be kept free of debris, litter, invasive plants and
sediment which shall be removed by hand or with a flat-bottomed shovel or rake
during dry periods. Only enough sediment shall be removed as needed to restore
hydraulic capacity, leaving as much of the vegetation in place as possible. Any
damaged turf or vegetation shall be reseeded or replaced.
After the two year period of maintenance required by this Agreement, the Owner of
the Property shall continue to be responsible for maintenance of the Stormwater
Facilities.This shall include debris and litter removal, removal of noxious and
invasive plants, removal of dead and diseased plants, re-mulching of void areas,
replanting or reseeding areas where dead or diseased plants were removed and hand
removal of sediment build-up.
C.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, concrete truck
washout areas and any other best management practices to be utilized within the
Project.Prior to release of the grading bond, Developer shall complete
implementation of the approved SWPPP.
11.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.
12.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 540 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 written
approval of a landscape security in the form of a bond, cash escrow, or letter of credit, 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.
13.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.
14.PUD WAIVERS GRANTED: The city hereby grants the following waivers to City Code
requirements within the (list zoning districts to which waivers will be granted) District
through the Planned Unit Development District Review for the Property and incorporates
said waivers as part of PUD (list PUD number):
•Exterior materials from 75% face brick,glass , and natural stone to 40%
•Building height from 30 feet to 43 feet.
•To permit development on a shoreland bluff.City code does not permit
development or alteration on a shoreland bluff.
•Sign size from 50 square feet to 100 square feet. Sign size from 36 square feet to 72
square feet. Directional sign size from 6 square feet to 40 square feet. No offsite
sign to three off site signs
15.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 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.
16.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 to the city 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 proposed turn lane on
Flying Cloud Drive.
After approval by the City, Developer shall file the access easements 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 access easements have been recorded in the Hennepin
County Recorder's Office/Registrar of Titles' Office in accordance with the requirements of
this paragraph.
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.
17.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.
18.SITE LIGHTING: Prior to building permit issuance, Developer shall submit to the City
Planner and receive the City Planner's written approval of a plan for site lighting on the
Property.All pole lighting shall consist of downcast shoebox fixtures not to exceed 20 feet
in height.Developer shall complete implementation of the approved lighting plan prior to
issuance of any occupancy permit for the Property.
19.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.
20.TREE LOSS - TREE REPLACEMENT: There are 3,326 diameter inches of significant
trees on the Property. Tree loss related to development on the Property is calculated at 1,641
diameter inches. Tree replacement required is 1,084 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 1,084caliper 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.
21.TRAVEL DEMAND MANAGEMENT PLAN: Prior to issuance of the building permit
for the Property, Developer shall submit to the Traffic Engineer and receive the Traffic
Engineer's approval of a Travel Demand Management (TDM) Plan. The Developer shall
implement the TDM Plan at the site to help reduce traffic congestion. As part of the TDM
Plan the Developer shall construct 4 shower facilities in the building (2 for each gender)
which will be available to all employees in the building.
Prior to issuance of the building permit for the Property, Developer shall furnish to the
Traffic Engineer and receive the Traffic Engineer's approval of a TDM performance bond,
cash escrow, letter of credit with a corporation approved by the City Manager or other
guarantee acceptable to the City Manager (hereinafter referred to as the "Security ) equal to
100% of the cost ($36,500) of implementing the first two (2) years of the TDM Plan. The
Developer shall initiate implementation of the TDM Plan, including active marketing to its
employees and all building tenants and their employees 1 month after the Property has
achieved a 50% occupancy rate for the total rentable square footage of the Property.
In order to enable the City to determine when the Property has achieved the above
occupancy rate, the Developer shall provide to the City upon request a Rent Roll certified by
the Property manager identifying the current tenants, the number of rentable square feet
leased by each tenant; and the total number of rentable square feet in the Property.
The Security will be reduced to the Developer on a "draw-down basis, in the following
manner:
A. The City will consider reduction or release of the Security at the following times:
-Upon completion of items associated with plan start up.
-After 1 calendar year of TDM plan implementation
-After 2 calendar years of TDM plan implementation and completion of the plan
evaluation.
B.To request a reduction or release of the Security the Developer shall submit to the Traffic
Engineer a letter requesting a reduction and a summary of the TDM activities completed
to date. A summary of the required information can be obtained for the Traffic Engineer
upon request.
C.The City shall have 30 business days to review requests for reduction or release of the
Security and provide indication of approval or objection to any part of the request.
If the Developer fails to implement the TDM plan in accordance with its terms , the City may
draw upon the Security in whole or in part to pay the cost of implementation.
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
Meridian FC, LLC
By
Its
By
Phil Young
Its Mayor
By By_
Its Scott H. Neal
Its City Manager
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of , 2007,
by Phil Young 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 , 2007, by
, the ,of Meridian FC, 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 -WILSON OFFICE 2007
LEGAL DESCRIPTION
Before Final Plat Legal Description
Lot 2, Block 1, Wilson Ridge 3rd Addition
After Final Plat Legal Description
Lot 1, Block 1, Wilson Ridge 4th Addition
EXHIBIT B
DEVELOPMENT AGREEMENT -WILSON OFFICE -2007
Plans
LIST OF MATERIALS
1.Project Narrative dated May 10, 2007 by Loucks Associates
2.Cover Sheet dated June 11, 2007 by Loucks Associates
3.Existing Conditions dated June 11, 2007 by Loucks Associates
4.Demolition Plan dated June 11, 2007 by Loucks Associates
5.Site Plan dated June 11, 2007 by Loucks Associates
6.Grading Plan dated June 11, 2007 by Loucks Associates
7.Storm Water Pollution Prevention dated Loucks Associates
8.Cut/Fill plan dated June 11, 2007 by Loucks Associates
9.Utility plan dated June 11, 2007 by Loucks Associates
10. Preliminary Plat dated June 11 ,2007 by Loucks Associates
11. Detail Sheet Plan dated June 11 ,2007by Loucks Associates
12. Landscape Plan, notes &details dated June 11, 2007 by Loucks Associates
13. Landscape Details dated June 11, 2007 by Loucks Associates
EXHIBIT C
DEVELOPMENT AGREEMENT - WILSON OFFICE - 2007
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:
INSERT ANY NAME/COMPANY LISTED IN ANY OWNER'S SUPPLEMENT
TO THE DEVELOPER'S AGREEMENT)
With respect to any interest in all portions of the Property which Developer is required,
pursuant to this Agreement, to dedicate or convey to the City (the "Dedicated Property"),
Developer represents and warrants as follows now and at the time of dedication or
conveyance:
A.That Developer has marketable fee title free and clear of all mortgages ,liens, and
other encumbrances. Prior to final plat approval, Developer shall provide to the City
a current title insurance policy insuring such a condition of title.
B.That Developer has not used, employed, deposited, stored, disposed of, placed or
otherwise allowed to come in or on the Dedicated Property, any hazardous substance,
hazardous waste, pollutant, or contaminant, including, but not limited to, those
defined in or pursuant to 42 U.S.C. § 9601, et. seq., or Minn. Stat., Sec. 115B.01, et.
seq. (such substances, wastes, pollutants, and contaminants hereafter referred to as
"Hazardous Substances");
C.That Developer has not allowed any other person to use, employ, deposit, store,
dispose of, place or otherwise have, in or on the Property, any Hazardous Substances.
D.That no previous owner, operator or possessor of the Property deposited, stored,
disposed of, placed or otherwise allowed in or on the Property any hazardous
substances.
Developer agrees to indemnify, defend and hold harmless City, its successors and assigns,
against any and all loss ,costs ,damage and expense ,including reasonable attorneys fees and
costs that the City incurs because of the breach of any of the above representations or
warranties and/or resulting from or due to the release or threatened release of Hazardous
Substances which were, or are claimed or alleged to have been, used, employed, deposited,
stored, disposed of, placed, or otherwise located or allowed to be located, in or on the
Dedicated Property by Developer, its employees, agents, contractors or representatives.
VIII.Developer acknowledges that Developer is familiar with the requirements of Chapter 11,
Zoning, and Chapter 12, Subdivision Regulations, of the City Code and other applicable City
ordinances affecting the development of the Property.Developer agrees to develop the
Property in accordance with the requirements of all applicable City Code requirements and
City Ordinances.
IX.Prior to release of the final plat, Developer shall pay to City fees for the first three (3) years'
street lighting on the public streets adjacent to the Property (including installation costs, if
any, as determined by electrical power provider), engineering review, and street signs.
X.Developer shall submit detailed water main, fire protection, and emergency vehicle access
plans to the Fire Marshal for review and approval.Developer shall follow all the
recommendations of the Fire Marshal.
XI.Developer acknowledges that the rights of City performance of obligations of Developer
contemplated in this agreement are special, unique ,and of an extraordinary character, and
that ,in the event that Developer violates, or fails ,or refuses to perform any covenant,
condition, or provision made herein ,City may be without an adequate remedy at law.
Developer agrees ,therefore ,that in the event Developer violates ,fails ,or refuses to perform
any covenant ,condition, or provision made herein ,City may,at its option, institute and
prosecute an action to specifically enforce such covenant ,withhold building permits or
rescind or revoke any approvals granted by the City.No remedy conferred in this agreement
is intended to be exclusive and each shall be cumulative and shall be in addition to every
other remedy. The election of anyone or more remedies shall not constitute a waiver of any
other remedy.
XII.Developer shall, prior to the commencement of any improvements, provide written notice to
Comcast of the development contemplated by this Development Agreement. Notice shall be
sent to Comcast Cable, 9705 Data Park, Minnetonka, Minnesota 55343.
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 ,wells 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 Calendar July 17, 2007
DEPARTMENT /DIVISION :ITEM DESCRIPTION:ITEM NO.: VIII.F.
Randy L. Slick Final Plat Approval of Wilson Ridge 4th
Public Works / Engineering Addition
Requested Action
Move to:Adopt the resolution approving the final plat of Wilson Ridge 4th Addition.
Synopsis
This proposal is for the plat located at the northwest quadrant of the Valley View Road and
Flying Cloud Drive intersection.The plat consists of 6.9 acres to be platted into one lot and
right-of-way dedication for street purposes. This proposal includes a three-story 102,000 sq. ft.
office building.
Background Information
The preliminary plat was approved by the City Council on June 19, 2007. Second reading of the
Rezoning Ordinance and final approval of the Developer's Agreement will be completed on July
17, 2007.
Approval of the final plat is subject to the following conditions:
•Receipt of engineering fee in the amount of $897.00.
•Prior to the release of the final plat, Developer shall provide to the City a current title
insurance policy.
•Satisfaction of bonding requirements for the installation of public improvements.
•The requirements as set forth in the Developer's Agreement.
•Provide a list of areas (to the nearest square foot) of all lots, outlots and road right-of-
ways certified by surveyor.
•Prior to release of final plat, Developer shall provide a Cross Access and Maintenance
Agreement for Lot 1, Block 1, Wilson Ridge 4th Addition and Lot 1, Block 1, Wilson
Ridge 3rd Addition.
•Prior to release of the final plat, Developer shall record and provide proof of filing the
Development Agreement at the County Recorder and/or Registrar of Titles.
Attachments
•Resolution
•Drawing of final plat
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2007-
A RESOLUTION APPROVING FINAL PLAT
OF WILSON RIDGE 4TH ADDITION
WHEREAS, the plat of Wilson Ridge 4th Addition has been submitted in a manner required for
platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota
Statutes and all proceedings have been duly had thereunder; and
WHEREAS, said plat is in all respects consistent with the City plan and the regulations and
requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie.
NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council:
A. Plat approval request for Wilson Ridge 4th Addition is approved upon compliance with
the recommendation of the City Engineer 's report on this plat dated July 17, 2007.
B.That the City Clerk is hereby directed to supply a certified copy of this resolution to the
owners and subdivision of the above named plat.
C.That the Mayor and City Manager are hereby authorized to execute the certificate of
approval on behalf of the City Council upon compliance with the foregoing provisions.
ADOPTED by the Eden Prairie City Council on July 17, 2007.
ATTEST:
Phil Young, Mayor
SEAL
Kathleen Porta ,City Clerk
WILSON RIDGE 4TH ADDITION R.T. DOC. No.
C.R. DOC. No.
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SHEET 2 OF 2 SHEETS
CITY COUNCIL AGENDA DATE:
SECTION:Consent Calendar July 17, 2007
DEPARTMENT/DIVISION:ITEM DESCRIPTION: I.C. 05-5642 ITEM NO.: VIII.G.
Mary Krause Approve Change Order No. 2 for
Public Works / Engineering Hilltop Road Improvement Project
Requested Action
Move to:Approve Change Order No. 2 for the Hilltop Road Improvement Project to Three
Rivers Construction, in the amount of $6,741.71.
Synopsis
This Change Order includes payments for extra work associated with providing the required
clearance between existing sanitary sewer and proposed watermain, subcut of additional material
under the street at the west end of Hilltop Road, revisions to a driveway and curb replacement.
Background Information
The project was awarded to Three Rivers Construction on July 18, 2006 in the amount of
$591,483.39.With the approval of this Change Order the contract amount will be $600,699.35.
The majority of the project has been completed; the final lift of pavement was placed in June.
The remaining work consists of minor final turf restoration.
Attachments
0 Change Order No. 2
Change Order
No. 2
Date of Issuance:June 22, 2007 Effective Date:July 17, 2007
Project:
Reconstruction of Hilltop Road
Owner:
City of Eden Prairie
Owner's Contract No.:
I.C. No. 05-5642
Contract:
Street and Ughity
Date of Contract:
July 26,-2006
Contractor:
Three Rivers Construction
Engineer's Project No.:
A-EDENP0601.01
The Contract Documents are modified as follows upon execution of this Change Order:
Description:
1.Remove and Re-install 60 LF of 8" D.I.P. water main where it conflicted with clearance requirements between existing sanitary sewer pipe.
2.The owner agreed to pay $3.00/CY for additional sand to be placed in the subcut location including the hammer head up to station 92+75.
3.The owner agreed to pay the contractor for additional work on driveway 16400 Hilltop Road including a sawcut, existing driveway pavement
removal and additional gravel and topsoil to the raise driveway.
.4.Remove and replace 30 LF of concrete curb per the owners request at the agreed unit price.
Attachments (list documents suunortinc chance):
1.Three Rivers Construction Time and Materials Invoice #2 t06-62-1 dated 12/8/06.
2.Three Rivers Construction Invoice # 2006-62-5 dated 12/8106.
3.Three Rivers Construction Invoices #2007-62-7 & #2007-62-8 dated 6/6/07 and 6/12/07, respectively.
4.Three Rivers Construction Invoice #2007-62-6 dated 6/20/07.
CHANGE IN CONTRACT PRICE:CHANGE IN CONTRACT TIMES:
Original Contract Price:Original Contract Times:q Working days,q Calendar days
Substantial completion (days or date):
$591,483.39 Ready for final payment (days or date):
[Increase] [Decrease]from previously approved Change Orders
Increase from previously approved Change Order No. 1 :No.to No.
Substantial completion (days):
$2,474.25 Ready for final payment (days):
Contract Price prior to this Change Order:
$5 93,957.64
Increase of this Change Order:
$6 ,741.71
Contract Price incorporating this Change Order:
$600,699.35
Approved by Funding Agency (if applicable):
Contract Times prior to this Change Order:
Substantial completion (days or date):
Ready for final payment (days or date):
[Increase] [Decrease] of this Change Order:
Substantial completion (days or date):
Ready for final payment (days or date):
Contract Times with all approved Change Orders:
Substantial completion (days or date):
Ready for final payment (days or date):
By:By:
ACCEPTED:ACCEPTED:
Owner (Authorized Signature )Contractoror (Authorized Signature)
-7/1---^^^Date:Date :,Date:
EJCDC No. C-941 (2002 Edition)Page 1 of 1
Prepared by the Engineers 'Joint Contract Documents Committee and endorsed by the
Associated General Contractors of America and the Construction Specifications Institute.
CITY COUNCIL AGENDA DATE:
SECTION: Consent Agenda July 17, 2007
DEPARTMENT/DIVISION:ITEM DESCRIPTION:ITEM NO.: VIII.H.
Denise Christensen Release of Land from Special
Public Works / Engineering Assessment Agreement and Amended
Special Assessment Agreement
Requested Action
Move to:
Approve the Release of Land from Special Assessment Agreement and Amended Special
Assessment Agreement for Lots 1 and 2, Block 1, Horizon Place 2nd Addition,Hennepin
County,Minnesota.
Synopsis
In December 1987, the City of Eden Prairie entered into a special assessment agreement with
Lloyd G. Cherne and Joan A. Cherne, husband and wife, and CSM Corporation, a Minnesota
corporation, regarding the levying of special assessments for the development of the Fountain
Place Apartments plat, including road and related items , sanitary sewer, watermain and other
utility and street improvements. In March 1989, the special assessment agreement was amended
to include more land and clarify ownership of the property.
Background Information
The improvements contemplated by the Agreement have been levied, therefore, the property
should be released from the Special Assessment Agreement.
Attachments
•Release of Land from Special Assessment Agreement and Amended Special Assessment
Agreement to file as Torrens
•Release of Land from Special Assessment Agreement and Amended Special Assessment
Agreement to file as Abstract
RELEASE OF LAND
This Release of Land is executed by the City of Eden Prairie ,a Minnesota municipal corporation
("City ),and is dated as of July 17, 2007.
FACTS
1.A certain Agreement Regarding Special Assessments ("Agreement ) dated December 21,
1987 was executed by and between the City; Lloyd G. Cherne and Joan A. Cherne, husband
and wife, and CSM Corporation, a Minnesota corporation as owner and as general partner of
Fountain Place Apartments, a limited partnership and Fountain Place Apartments II, a limited
partnership and which Agreement was filed as Document No. 1916700 with the Registrar of
Titles on March 25, 1989 and a certain Amendment to Agreement Regarding Special
Assessments ("Amendment ) dated March 13, 1989 and which Amendment was filed as
Document No. 2037279 with the Registrar of Titles on September 6, 1989.
2.Said Agreement and Amendment pertains to the Property described as: Lots 1 and 2, Block
1,Horizon Place 2nd Addition, Hennepin County, Minnesota.
3.The assessments levied as contemplated by the Agreement have been levied and the time for
appeal has expired.
4.To evidence the fact that the special assessments have been levied and the time for appeal has
expired, the City is executing this Release of Land.
THEREFORE , the City of Eden Prairie, a Minnesota municipal corporation, hereby releases
the Property described above from all obligations and conditions set forth in the Agreement
Regarding Special Assessments dated December 21, 1987, filed as Document No. 1916700 with
the Registrar of Titles on March 25, 1989 and the Amendment to Agreement Regarding Special
Assessments dated March 13, 1989 filed as Document No. 2037279 with the Registrar of Titles
on September 6, 1989. This Release of Land shall not release or discharge the Property from the
lien of any special assessments levied by the City other than the assessment referred to in the
Agreement.
IN WITNESS WHEREOF , the City of Eden Prairie has executed the foregoing instrument.
CITY OF EDEN PRAIRIE
A Municipal Corporation
BY:BY:
Phil Young Scott H. Neal
Its Mayor Its City Manager
STATE OF MINNESOTA)
HENNEPIN COUNTY )
ss
The foregoing instrument was acknowledged before me this day of
2007, by Phil Young and Scott H. Neal, the Mayor and City Manager of the City of Eden Prairie,
a municipal corporation under the laws of the State of Minnesota, on behalf of said corporation.
THIS INSTRUMENT WAS DRAFTED BY:
City of Eden Prairie
8080 Mitchell Road
Eden Prairie ,MN 55344
Notary Public
RELEASE OF LAND
This Release of Land is executed by the City of Eden Prairie, a Minnesota municipal corporation
("City ),and is dated as of July 17, 2007.
FACTS
1.A certain Agreement Regarding Special Assessments ("Agreement ) dated December 21,
1987 was executed by and between the City, Lloyd G. Cherne and Joan A. Cherne, husband
and wife, and CSM Corporation, a Minnesota corporation as owner and as general partner of
Fountain Place Apartments, a limited partnership and Fountain Place Apartments II, a limited
partnership and which Agreement was filed as Document No. 5376906 with the Hennepin
County Recorder on February 11, 1988 and a certain Amendment to Agreement Regarding
Special Assessments ("Amendment ) dated March 13, 1989 and which Amendment was
filed as Document No. 5564696 with the Hennepin County Recorder on August 17, 1989.
2.Said Agreement and Amendment pertains to the Property described as: Lots 1 and 2, Block
1,Horizon Place 2nd Addition, Hennepin County, Minnesota.
3.The assessments levied as contemplated by the Agreement have been levied and the time for
appeal has expired.
4.To evidence the fact that the special assessments have been levied and the time for appeal has
expired, the City is executing this Release of Land.
THEREFORE , the City of Eden Prairie, a Minnesota municipal corporation, hereby releases
the Property described above from all obligations and conditions set forth in the Agreement
Regarding Special Assessments dated December 21, 1987, filed as Document No. 5376906 with
the Hennepin County Recorder on February 11, 1988 and the Amendment to Agreement
Regarding Special Assessments dated March 13, 1989 filed as Document No. 5564696 with the
Hennepin County Recorder on August 17, 1989. This Release of Land shall not release or
discharge the Property from the lien of any special assessments levied by the City other than the
assessment referred to in the Agreement.
IN WITNESS WHEREOF , the City of Eden Prairie has executed the foregoing instrument.
CITY OF EDEN PRAIRIE
A Municipal Corporation
BY:BY:
Phil Young Scott H. Neal
Its Mayor Its City Manager
STATE OF MINNESOTA)
HENNEPIN COUNTY )
ss
The foregoing instrument was acknowledged before me this day of
2007, by Phil Young and Scott H. Neal, the Mayor and City Manager of the City of Eden Prairie,
a municipal corporation under the laws of the State of Minnesota, on behalf of said corporation.
THIS INSTRUMENT WAS DRAFTED BY:
City of Eden Prairie
8080 Mitchell Road
Eden Prairie ,MN 55344
Notary Public
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar July 17, 2007
DEPARTMENT/DIVISION:ITEM DESCRIPTION:ITEM NO.: VIII.I.
Scott H. Neal, City Manager Resolution supporting submission of the
Camp Eden Wood Project for
consideration during State Legislature's
consideration of the 2008 Bond Bill
Requested Action:
Move to: Adopt the resolution of support for submission of the Camp Eden Wood Project to the
State for consideration during the State Legislature's consideration of the 2008 Bond Bill.
Synopsis:
The City Council approved a motion at the June 19, 2007 meeting endorsing the submission of
the Camp Eden Wood Project to the State for consideration by the State Legislature during the
2008 Bonding Bill process. The submission rules of the bonding bill process require the
Council to express its support for the proposed submission in resolution form, not just a
motion. The Council's adoption of the attached resolution will confirm the Council's previous
support of this proposal and suffice for the State.
I recommend the Council approve the resolution.
Attachments:
Resolution
Submittal Documents
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2007-
RESOLUTION SUPPORTING SUBMISSION OF THE CAMP EDEN WOOD
PROJECT FOR CONSIDERATION BY THE STATE LEGISLATION
FOR INCLUSION IN THE 2008 BONDING BILL
WHEREAS ,the State of Minnesota has established a biennial process of allocating State capital
improvement funds among worthy projects state-wide; and
WHEREAS, the State has established a formal process for the submission of projects to be
considered for funding under the State's biennial bonding bill; and
WHEREAS, the submission rules for the State bonding bill process require the governing body
of a local government hosting a submitted project to endorse the projects with a resolution of
support; and
WHEREAS ,the City Council desires to see the Camp Eden Wood project succeed and receive
support in the 2008 State bonding bill.
NOW THEREFORE BE IT RESOLVED that the City Council endorsed the submission of the
proposed Camp Eden Wood Project to the State for consideration by the State Legislature during
the 2008 bonding bill process.
ADOPTED by the Eden Prairie City Council on July 17, 2007.
Phil Young, Mayor
ATTEST:
Kathleen Porta ,City Clerk
OFFICE OF THE CITY MANAGER I June 22, 2007
Ms. jenny Nash
Committee Administrator
House Capital Investment Committee
343 State Office building
St. Paul, MN 55155
Dear Ms. Nash:
Enclosed please find the City of Eden Prairie's request for state capital bond funding
under Minnesota Statute 16A.86. I have also attached additional information that
provides further context about the proposed project.
If you require additional information ,or clarification of the enclosed, please advise.
Sincerely,
PRAIRIE:
.:.LIVE-WORK •DREAM
OFC 952 949 8300
FAX 952 949 8390
TOD 952 949 8399
8080 Mitchell Rd
Eden Prairie, MN
55344-4485
edenprairie.org
Scott H. Neal,
City Manager
State Capital Bonding Bill Project Submission
City of Eden Prairie
Camp Eden Wood Project
June 2007
Project Narrative: The City of Eden Prairie requests $6,210,000 to improve the buildings and grounds at
Camp Eden Wood to serve the recreational and educational needs of Minnesota's disabled adults and
children. Camp Eden Wood is owned by the City of Eden Prairie and operated by Friendship Ventures, a
501(c)(3) non-profit organization that provides short-term, direct care services for adults and children
with developmental disabilities. The project is of statewide significance because it serves Minnesota
residents from all over the state.
1.Name of the local government submitting the request :City of Eden Prairie, Minnesota
2.Project Title:Camp Eden Wood Project
3.Project Priority:N/A
4.Project Location :Eden Prairie, Minnesota; n ear the intersection of Indian Chief Road and
Hennepin County Highway 62.
5,Total Project Cost :$7,970,000
6.Request for state funds in 2008 :$6,210,000
7.Additional state funds to be requested for subsequent project costs/phases in 2010: None
8.Additional state funds to be requested for subsequent project costs /phases in 2012: None
9.Non -state funds available or to be contributed to the project:
City of Eden Prairie $1,060,000
Friendship Ventures $700,000
10.Project description and rationale :The City of Eden Prairie requests $6,210,000 to improve the
buildings and grounds at Camp Eden Wood to serve the recreational and educational needs of
Minnesota's disabled adults and children. Camp Eden Wood is owned by the City of Eden Prairie
and operated by Friendship Ventures, a 501(c)(3) non-profit organization that provides short-
term, direct care services for adults and children with developmental disabilities. The project is of
statewide significance because it serves Minnesota residents from all over the state. The project
involves the acquisition of land; demolition and removal of substandard buildings; design and
construction of new residential dormitory facilities; design and construction of landscape
improvements; appropriate renovations to historically significant buildings at the site; and
furniturelfixturelequipment for the new facilities. The new facilities will provide an "Up North"
camp experience for the clients of Friendship Ventures that is unparalleled in the Twin Cities
metro area. Please see the attached supplemental materials for additional information about the
proposed project and also about Friendship Ventures.
11.Who will own and operate the facility: The City of Eden Prairie will own the facility. The
facility will be operated by Friendship Ventures.
12. Identify the total project costs for each of the following categories:
Land Acquisition $ 800,000
Pre-design $80,000
Design $ 420,000
Construction - bldgs $4,800,000
Construction - landscape $900,000
Construction - utilities $ 200,000
Construction - parking lot $ 300,000
Construction - demolition $ 120,000
FEE amlm
TOTAL $7,970,000
13. For new construction: identify the new square footage requested .For remodeling projects,
renovation projects ,or expansion projects . Identify the total square footage of current
facilities and new square footage. The city has retained the consulting firm Brauer & Associates
to assist with the production of this submission document. At the time of this submission (June
25, 2007) precise square footage estimates are not yet available. The City will provide a full
response to this question in a supplementary submission as soon as it is available.
14.Project schedule: If funding for the project is granted per the City's request, the City would
initiate design activities during the fall of 2008. Construction contracts would be awarded by the
City in February-March 2009. Construction activities would be initiated at the site in May 2009.
Construction would be completed at the site by March 2010. A Certificate of Occupancy would
be issued for the new facilities in April 2010.
15. Identify any new state operating dollars that will be requested for this project. There will be
no new state operating dollars requested for this project.
16.Attach a resolution of support from the governing body of the applicant .See Attached.
17,Project contact person :Scott Neal, City Manager; City of Eden Prairie; 8080 Mitchell Road;
Eden Prairie, Minnesota 55344; 952.949.8410; sneal@edenprairie.org
BRAVER & ASSOCIATES, LTD.
En.^n 11,E iRA rtinX A 1) Dt g Y
To:City of Eden Prairie and Friendship Ventures
From:Jeff Schoenbauer, Senior Principal, Project Manager, Brauer & Associates, Ltd.
George Watson, Senior Principle,Brauer & Associates, Ltd.
Chuck Liddy, Senior Principle, Miller-Dunwiddie Inc. Architects
Date:June 20, 2007
Re:Draft Program Statement -Eden Woods Center
Overview
10417 Excelsior Boulevard
Suite Number One
Hopkins, MN 55343
Tel (952) 238-0831
Fax (952) 238-0833
Website :www.brauer-ltd.com
•Overview of project:
o Comprehensive review of Eden Woods Center - function, purpose, needs, current infrastructure, overall
site characteristics, etc.
o Prepare new master plan for buildings and site
o Develop implementation strategy
•Project timefralnetkey dates:
o Short term (June 25th): Bonding request submitted (prepared by the City of Eden Prairie, with assistance
by consultant team and Friendship Ventures
o Fall:Completed master plan describing vision for future and improvements in greater detail (consistent
with bonding request application)
•Eden Wood Center Mission and Focus (see also Friendship Ventures FACT SHEET, attached):
o Serve populations with a broad-spectrum of disabilities - all age groups (child through adults into their
90's; developmental and mental disabilities; autism (full-spectrum); social skills spectrum; seeing growth
in 40 through 80 age group
o Provide respite care allowing families in need time away from a challenging caregiver situations
o Provide "full" accessibility that covers a broad spectrum of personal limitations (beyond that of
wheelchair-type access issues); apply principles of universal access to design of buildings and site
•Overview of use seasons:
o Primary camp season is 10 week period in the summer, but has been expanded up to 12 weeks in the
past; possible service growth area
o Currently provide weekend respite care to families and caregivers for two weekends per month outside
the summer season (June-August); respite care weekends are provided every weekend mid-June through
mid-August.
o Management Service Agreement between Friendship Ventures and Ventures Travel LLC to provide
space and support for a specialized travel program serving adults with developmental disabilities
o Significant potential to expand types of uses and length of season if site improvements are made to
accommodate programming needs
Program Statement/Issues to Consider and Resolve -Building Related
(Note: 1998 Eden Woods Center Master Plan will be used as a starting point and historic context for this master
planning process. The following program items compliment, expand upon, or, in some cases, change the direction of
the 1998 plan. Overall, making the buildings more useful for programming is a top priority. Renovations will enable
I
Friendship Ventures to serve up to 50 percent more clients with disabilities and reduce or eliminate the current
waiting list.While updating the buildings, maintaining the historic context of the structures and site remains
important.)
Dormitory Building
o 1925 structure - historically significant and will be retained; 4,280 sf
o Currently being renovated, with numerous constructions complications related to preserving historic
context
o General improvements include: building new foundations; installing vertical board infill over foundation.
to replicate original boards; improving accessibility and renovating entryways; replacing doors and
windows to match original, but with safer replica varieties; repairing/replacing siding to replicate original
siding; and restoring original wood flooring
o Will be used for dormitory purposes (34 person capacity); new bathroom facility; has flexibility meeting
room space in between two wings of dorms
o New basement space will be used as a storage area,plus a storm shelter under one of the wings in the
event of severe weather; foundation work will include an entrance on the lake side of the dorm
o Remaining issues include restoring original deck on the lake side of the building, as well as providing
some means of improving accessibility of the deck from the back of the building (i.e., ramp)
•"Old" Dining Hall (Birch Hall)
o 1925 structure - historically significant and will be retained; size 81'x 31', plus 11' x 9.5' and 18' x 36.5'
bump-outs
o In need of renovation to meet current programming needs
o Renovations to include creating a year-round activity area with accessible bathrooms, office area for
health care staff, and restoration of the original fireplace; basement space is needed and would be used
as an emergency storm shelter, a new location for our health center (which will be displaced when the
dorm is fully remolded), additional program space, and possible office space
o General baseline improvements to consider include: building new foundations to stabilize the building
(with accessible entrances and exits);installing vertical board infill over foundation to replicate original
boards; improving accessibility and renovating entryways; replacing doors and windows to match
original as much as possible, butwith safer replica varieties; repairing/replacing siding to replicate original
siding; and restoring original wood flooring
o Need to apply lessons-learned from improving dormitory building with respect to historic preservation
o If there are functions other than storage placed in the lower level, it is likely that an elevator will be
required to provide accessibility between floors .
o Pro posed uses and changes should be reviewed with Eden Prairie HPC sniff for review and comment, as
well as with MHS staff
Two Cabins
o Year round facilities - Lions Den and Birchwood
o Lions Den - built in 1981; used for general sleeping and conferences; has 2 1/2 baths, crawl space,
forced air heating, electricity; wood construction; sleeps 20; size 24' x 40', 960 sf + 500 sf = 1460 sf;
problem with sewer line and water line freeze up; air flow through the building with windows is not
good, with virtually no cross ventilation
o Birchwood -- finished two levels; built in 1983; vaulted ceiling; vertical siding; four bathrooms;
wheelchair accessible; carpeted; fireplace; meeting area; sleeps 30; has electricity and heat; size 40' x
40',1600 sf + 800 sf = 2400 sf; bathrooms are designed in the central part of the structure, with
ventilation and air exchange not keeping the building moisture out roof line has problems with water
run off; small kitchen area is nice in the building, but design does not allow for it to be made inaccessible
to campers
o Consensus is that these two structures are structurally and programmatically problematic and should be
replaced with a contemporary, one-level structure that meets current needs better
o Need to accommodate 40 to 45 campers and staff
o These buildings do not appear to be historic and could be removed
2
•Boulay Cabin and/or building
o 1970's and not historically significant; insulated, with two natural gas stoves for heat; tiled floor and
cedar siding; city sewer and electricity, but private water system; bathroom with large shower; fireplace
is built in for extra heat; size 36' x 24', 864 sf
o Building has been used as a camper cabin, staff quarters, volunteer quarters, program space, and, this
year, a health center (it was originally a picnic shelter that has been enclosed to become a building)
o This would be the first building FV would consider replacing -
•Site Capacity Desires
o Accommodating up to 100 ovemightguests is desired within the various building, with some thought put
into future expansion
o Some of the buildings (i.e., cabins) on the site could be replaced with a more functional structure that
accommodates 30 to 35 campers (to bring site total capacity to around 100, in combination with other
buildings)
o Additional meeting space for groups 50 -100
•Welcome and Dining lodge
o Built 1999, size 52' x 96' with 24' x 18' addition; provides office space, meeting space, and
dining/kitchen facilities; slab on grade construction; quarry tile and carpeted floors; tongue & groove
pine walls; commercial kitchen
o Large dining room with folding divider wall; office area with 5 offices; restrooms and laundry area
o Office space is too limited - possibly add space to Birch Hall
•Holasek House
o 19"' century home that was moved to the property; size 24' x 42', 3,024 sf
o Serves as housing for the on-site program manager and also provides rooms for temporary staff
o Older building in good condition; 2'story with' basertient; wbod flooring with all three levels finished
o Main floor has four rooms; upper level has four rooms and a bath; lower lever has a door for a walk-out
o Open wrap around porch on the east/north sides.
o Needs exit form second story
o Need to reconsider long term use of this building - perhaps as travel program center/dedicated
organizational space
•Maintenance Facility
o Shared space with Lions Club (2/3 for Friendship Ventures & Ventures Travel use and 1/3 for Lions Club
use)
o Built in 1999
o Provides storage and maintenance work area
o Frame construction with cedar lap siding; size 28' x 64', of which 672 sf is heated.
Other Garage and Storage Buildings
o Nature building- timber frame construction; open with concrete floor, windows, electricity but no heat;
one story, 28' x 24', 672 sf
o G_ arage - one car door width accessibility; timber frame construction; electricity but no heat; 12' x 18',
216sf
o Program shed - one car door access; timber frame conshruGtiori no electricity; no heat; used for storage;
19', 266
o Of the two garages adjacent to Birch Hall, the one nearest to it appears to have been moved to that
location
o The other garage appears to be original, since it is similar in design and detail to Birch Hall and the
Dormitory
o There has been some indication that these buildings are not historic and could be removed; however, a
historic garage is mentioned in the 1998 Master Plan, and its disposition should be checked with staff at
MHS; if possible, it should be kept and used in some appropriate capacity
3
Program Statement/issues to Consider and Resolve -Site Related
•Site--General
o Maintain/restore historic landscape context based on review of original photographs for defining visual
character of site, plant species, etc.
•Sense of entrance
o
o
Need to improve sense of entrance into the site and improve clarity of where visitors should go (and not
go)
Safety of entrance as related to nearby railroad bridge, etc. needs to be reviewed
•Vehicular Circulation
o Need to review overall vehicle circulation throughout site, with special attention placed on limiting
access beyond the visitor center area
o Need to consider pavement surfaces that are less dusty but still in keeping with the setting; also want to
make sure that too hot of surfaces, like asphalt, are limited
o Access to and parking around the Holasek House and maintenance shed needs to be reviewed and
reconsidered to avoid confusion and detraction from sense of entrance
•Trails and Pedestrian Access
o Need to review overall pedestrian circulation throughout site, with special attention placed on integrating
proposed city trail through the site in an unobtrusive manner; preserving a sense of safety for those using
the site is a key concern related to the city trail
o All trails and walkways should be designed for accessibility - which might require realignment of certain
existing trails
o Integration of trails and roadways needs more consideration to avoid conflict and redundancies
o Trail connections to of site areas (opposite side of railroad tracks) and city-wide/regional trails needs to
be reviewed and accommodated
•General site improvements
o "Park-like" atmosphere is lacking across site, with many of the existing features near the end of their
effective lifecycle
o Group games area, basketball court, play structures (especially belt swings), ropes course (which is
purposefully spread out across site), archery area, etc. are well-liked and needed amenities; many are
old and need upgrading
o Group and evening uses need more consideration and improvement-such as fire ring area, general
group gathering space
o Simple features, such as a nice overlooks and sitting areas, need more consideration
o A picnic-type shelter needs to be contemplated, as long as it does not crowd the site too much
o Entire lake area needs evaluation - fishing, canoeing, observation, etc.; note, the lake is not well suited
for swimming
o Managing trash pickup should be addressed
o The overall site needs a cohesive design to be it all together and improve flow and aesthetics
o The general feel of the historic landscape amenities should also be respected; proposed uses and
changes should be reviewed with Eden Prairie HPC staff for review and comment, as well as with MHS
staff
•Other Related Issues
o Stewardship of the site's natural resources should be reviewed and addressed in the master plan
o Water quality issues need to be investigated and commented about as it relates to site uses
o Water level issues also need to be investigated and commented about as it relates to site uses
(Watershed District is primary source of information on this issue)
o Railroad property ownership issues need to be reviewed and addressed in the master plan
4
Friendship Ventures FACT SHEEP' (as provided by their staff)
Where new friends and newexperiences enrich
•Friendship Ventures is a 501 (c)(3) non-profit agency that provides short-term, direct care services for children an
adults with developmental disabilities, often in combination with autism, epilepsy, hearing and visual impairment,
cerebral palsy and physical disabilities, attention deficit disorders or one of an array of syndromes, such as Down,
Prader Willi,Williams and others.
•We serve nearly 3,000 people each year through our resident camp, respite care and affiliated travel programs. In
our 40+ years, we have served more than 70,000 individuals with disabilities.
•We offer weeklong camps during the summer and winter and weekend respite care year-round. In addition,
Friendship Ventures supports Ventures Travel, a Limited Liability Corporation that specializes in travel services for
adults with disabilities.
Participants are as young as age 5 and often continue to benefit from programs well into their sixties or older.
Established in 1964, Friendship Ventures operates three camps in Minnesota: Camp Friendship near Annandale,
Camp New Hope near McGregor, and Eden Wood Center in Eden Prairie.
Our unique programs are designed to build participants 'self-esteem and independence ,provide unique respite
and vacation opportunities ,develop friendships and teach life-enhancing skills.
Parents benefit from programs by receiving a break from care of their child, getting a chance to focus on other
family members, rest and re-energize.
We require our seasonal staff and volunteers to complete a comprehensive training program to ensure they are
prepared to work successfully with Friendship Ventures participants and their variety of special needs.
More than 1,200 volunteers donate more than 75,000 hours each year to Friendship Ventures- the equivalent
of 35 full-time employees.
We provide a safe environment and carefully consider the social, emotional and medical needs of every
participant For every two.participants, Friendship Ventures generally provides at least one staff member or trained
volunteer.
•Friendship Ventures offers financial assistance to participants who cannot afford program costs. On average, 80
percent of Friendship Ventures participants take advantage of full or partial scholarships.
•Because Friendship Ventures does not receive any financial support from governmental agencies, we rely on
donations from individuals, service organizations, businesses and foundations to operate our facilities and
programs. Nearly 90 cents of every dollar donated is used for programming that directly benefits participants.
*Our facilities are available to other organizations for meetings and retreats.
friendship Ventures FREQUENTLYASKED QUESTIONS (as provided by their staff)
Q: Whom does Friendship Ventures serve?
A: Friendship Ventures welcomes people with developmental disabilities who may also have physical disabilities as
young as age 5 and well into their senior years.We serve people regardless of socioeconomic level, race, color,
political beliefs, sex, religion, disability or national origin.
Q. Where is Friendship Ventures located?
A: Friendship Ventures operates three camp locations in Minnesota: Camp Friendship near Annandale; Eden Wood
Center in Eden Prairie; and Camp New Hope near McGregor. Each location offers a variety of activities including
canoeing, boating, camp-outs, fishing arts and crafts, sing-a-longs, dances, hikes in the woods, and much more. All
locations have fully accessible accommodations.
Q. Are there other organizations in Minnesota that provide the same opportunities?
A: No. Friendship Ventures offers the widest variety of unique programs and is the only organization in Minnesota that
serves all ages* and levels of developmental disabilities. (*beginning at 5 years old)
Q: Do you accept people with severe or multiple disabilities?_
A:Yes. Friendship Ventures is unique in serving people with a wide range of disabilities, including those who have
severe developmental disabilities.We serve many participants who also have physical disabilities, visual or hearing
impairments, chronic medical conditions, severe allergies and behavior issues. Our medical and direct-care staff are
qualified to manage most challenging situations.
Q: What programs do you offer?
A: Friendship Ventures offers summer camp, winter camp, respite care on weekends year-round and specialized
recreational programming for groups. Friendship Ventures supports escorted travel opportunities for older teens and
adults with developmental disabilities with referrals to Ventures Travel LLC.
Q: How long has FV been providing services?
A:Our first summer camp was offered in 1964. Since that time we have served more than 70,000 people.
Q: What is your counselor -to-participant ratio?
A: Ratios vary according to the needs of participants, but for most programs, Friendship Ventures averages at least one
staff member or trained volunteer for every two participants. We offer one-on-one care when needed.
Q. How many participants can you accommodate?
A: Friendship Ventures' capacity varies depending'on the program and location.We typically serve nearly 3,000
men, women and children each year."
Q. What geographic areas do you serve?I
A: Participants come from 425 communities throughout Minnesota and also from all over the United States.
Q. What about individuals with specific dietary needs?
A: Our staff includes medical and food service professionals qualified to prepare special diets and accommodate food
allergies.
Q: How do you screen your staff?
A: Both paid staff and volunteers at Friendship Ventures are required to go through an extensive interview process and
pass a criminal background check.
Q. What type of medical staff do you have?
A: Our director of health care, a registered nurse, oversees medical care and a health care team that distributes
medications, monitors day-to-day health and treats injuries or illnesses at each location. We also have a medical
advisory board comprising physicians and other health care professionals who annually review and provide advice
regarding medical and health care procedures.
6
Q. Will Friendship Ventures provide transportation to and from camp?
A: No. All individuals are responsible for their own transportation to and from camp, although if caregivers are willing
to carpool, we will connect them to individuals in their area.
Q: How are volunteers and staff prepared to meet the wide variety of special needs?
Our training program for seasonal staff who provide hands-on care is comprehensive and effecctive. We prepare staff
to deal with the medical, behavioral and developmental needs of clients and to keep them safe and healthy.
Q: Is financial assistance available?
A: Friendship Ventures realizes that not every participant can afford to pay the cost or discount fee. Those needing
financial assistance should complete the Scholarship Grant Application section on the application form. Parents or
other caregivers of individuals eligible for county funds or Consumer Directed Community Supports (CDCS) for respite
care or camp programs should contact their county social service agency to find out whether these funds may be
applied toward program fees.
Q: Is Friendship Ventures accredited?
A: Yes. Friendship Ventures maintains its accreditation by the American Camp Association (ACA) for all three locations.
These programs comply with nationally recognized standards for content, personnel, administration, health care and
facility operations.
Q: What educational benefits do you offer?
A: Our goal is to help clients achieve the highest level of self-worth, independence, and participation in their
communities. To that end, participants are encouraged to develop skills and practice decision-making, participate in
challenging and fun activities, enjoy and appreciate nature,meet new people and renew old friendships, and have a
safe, relaxing and fun vacation. Participants learn new skills that benefit them at school or work, in family and social
relationships and the community.
Q: How is Friendship Ventures funded?
A: As a nonprofit organization, our funding comes from individual's, service organizations, groups, foundations and
private and corporate donations as well as the Friendship Foundation, a nonprofit, tax-exempt organization that
encourages and manages planned charitable gifts on behalf of Friendship Ventures.
Q; How can I support Friendship Ventures?
A: Your support enables us to serve all participants for less than it actually costs and improve our facility to better serve
their needs. There are opportunities available for everyone to help, for example:
•Donate supplies •Assist with fundraising and public relations
+Donate services •Organize and participate in work-site projects
•Donate a used vehicle •Reserve facilities for your group's event
•Become a camp counselor •Make a financial donation
•Provide office support •Book a conference or retreat with us
•Volunteer at special events
Q: Whom do I contact to give a donation or to volunteer?
A: Contact Friendship Ventures at 952-852-0101 Twin Cities metro, or 1-500-450-8376 outstate. You can also send email
to: fv@friendshipyentures.org.
Q. Are your facilities available for other groups to rent?
A. All three locations are available throughout the year wheel Friendship is not providing our resident camp services, typically
September through May. Friendship Ventures offers a friendly, competent staff,glorious natural settings, comfortable meeting
rooms, cozy accommodations,consistent quality and affordable rates.Hospitality packages are available for small to large
groups, including half-day to overnight stays, optional buffet dining service with homemade meals, and a raft of recreation
opportunities.
We also offer customized Team Quest adventure challenge programs to groups interested in team building. Our trained staff
and certified-safe equipment ensure an effective and enjoyable experience.
7 .
Camp Eden Wood
History
From 1925 to 1950, the Glen Lake Children's Camp was operated on the site as a care
facility for children who were exposed to tuberculosis, but not yet showing signs of the
disease. From 1957 to 1983 the County leased the site to MARC as a day facility who
renamed it Indian Chief Camp.
Interpretive panel
In 1983 the City of Eden Prairie received the land from Hennepin County with the
understanding that it would be used for children with disabilities, or as a recreational
facility._....
On January 1, 1984 a. lease agreement between the City of Eden Prairie and ARC
(formerly MARC) of Hennepin County was signed. The term of the lease was for 30
years with an option to extend for 10 years.
Holasek House
The Holasek House serves as a staff residence. The home was built in 1880 and originally
located near Baker Road and cross-town 62. In 1986 it was donated to the camp, moved
to its present location and renovated.
Friendship Ventures. Inc.
On December 20, 1994 the lease was assigned from
Hennepin County/ARC to Friendship Ventures Inc.
On August 27, 1998 Friendship Ventures Inc.
submitted a master plan to the City of Eden Prairie
along with the approval to construct a new dining
hall and garage building.
On June 7, 2005 a Memorandum of Understanding
between the City of Eden Prairie and Friendship
Ventures Inc. was constructed. The MOU was
intended to define the collaborative relationship and
to set joint fee and use parameters.
Current Status / Restoration Work
Currently, Friendship Ventures Inc. is undertaking a remodeling project of the dormitory.
Among the work undertaken are new. sleeping rooms with bunk beds, improvements to
the foundation and roof structure, newmechaiical systems, new restrooms and
accessibility improvements. Friendship Ventures Inc. makes use of most of the facilities
to support overnight and day camp opportunities for their participants. (see additional
photos, climbing, buildings, etc.)
Dormitory building
New cedar siding replaces damaged historic t r siding when and where it's needed.
Dormitory interior
These improvements ensure structural stability for the great room area in the building
center. The space was once divided into small staff rooms, closets and hall, and now
provides open space for gatherings.
Dormitory bunk room
New partition walls and bunks were added in the dormitory wings to provide a greater
sense of privacy and comfort for campers.
Dining hall/recreation building
Friendship Ventures has plans to renovate this building in the future, providing needed
restrooms, open recreation space, fireplace restoration, and basement.
Birchwood
Storage building
Dining hall/conference center/offices
Climbing wall/ropes challenge course
Garage/storage building
Basketball court
Future
Friendship Ventures Inc. has expressed an interest to make modifications both to the site
and the buildings. The minor modifications that are in progress are consistent with
historic preservation as well as Friendship Ventures needs for improved accessibility and
usability.
On May 10, 2007, City Manager Scott Neal, Parks and Recreation Director Jay
Lotthammer and Parks and Natural Resources Manager Stu Fox met with consultants
from Brauer and Associates, a landscape architecture and planning firm,to discuss a
proposal to create a master plan that would meet the future needs of the Friendship
Ventures Inc. and stay within acceptable parameters of the City and the historic intent of
the facility. The proposal is scheduled to be reviewed with the City Council at the
Tuesday, June 5 meeting.
There is a potential to seek funding through a state bonding bill. July 1, 2007 is the
deadline to submit funding requests. The intent of the funding would be to facilitate
development and restoration consistent with agreed upon city and historic guidelines.
City Manager Scott Neal is coordinating a future meeting to coordinate development and
use plans. This meeting will include representatives from city staff, city council and
Friendship Ventures Inc.
*** All photos were taken on May 25, 2007
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar July 17, 2007
DEPARTMENT/DIVISION:ITEM DESCRIPTION:ITEM NO.: VIII.J.
Office of City Manager,
Information Technology/Lisa Wu Declare obsolete computer equipment as surplus
Requested Action
Move to:Declare obsolete computer equipment as surplus and authorize the City Manager to
dispose of property to manage end of life computers, monitors and electronics using
Asset Recovery Corporation's services and the State of Minnesota as authorized
under City Code Section 2.86, Subd. 3.
Synopsis
The City has a surplus of end of life computer equipment.
The computer equipment is of no use and will be recycled for the cost of $0.15 per pound. All
equipment will be disposed of as authorized by City Code Section 2.86, Subd. 3.
Attachment
List of Surplus Equipment
Cart 1
Item Model Description
Monitor Dell E770s White 17"
Monitor Dell E770s White 17"
Monitor Dell E770s White 17"
Monitor Dell E770s White 17"
Monitor Dell E771a Black 17"
Monitor Dell E771a Black 17"
Monitor Dell M7 2p Black 17"
Monitor Dell M7 2p Black 17"
Monitor Dell E772p Black 17"
Item
Cart 2
Model Description
Monitor
Printer
Printer
Printer
Computer
Computer
Keyboards
Mice
Item
Dell E770s
Dell M5200
HP DeskJet 970Cxi
Ricoh AP2 1ON
PS2
PS2
Cart 3
Model
White 17"
Large Server
Large Server
15
2
Description
Computer Dimension 2300 95JMT11
Computer Dimension 2200 5 POG11
Computer Dimension 2100 44FG711
Computer Dimension 2200 3 POG11
Computer Dimension 2100 9 FG711
Computer Dimension 2200 93VCM11
Computer Dimension L900CXE DF OW01
Computer Dimension L900CXE BG OW01
Computer Dimension 2200 23VCM11
Computer Dimension 2200 J4VCM11
Computer Dimension L OOCXE F27QL01
Computer Dimension 2300 2DHMT11 (No HD)
Computer Dimension 2200 4 POG11(No HD)
Computer Dimension 2200 F2VCM11
Computer Dimension 4100 4HHFMO1
Computer Dimension 2350 H FF4T21
Computer HP Vectra VL 00 US014 70
Monitor Dell E770s White 17"
Monitor Mitsubishi Diamond Scan 90E White 19"
Monitor NEC MultiSync FE791SB White 17"
Cart 4
Item Model Description
Computer Dimension 2350 4GF4T21
Computer Dimension 2350 55GHC21
Computer Dimension 2350 3L2QC21
Computer Dimension 2350 GF4T21
Computer Dimension 2350 JMCJ 21
Computer
Toner Cartridge
Toner Cartridge
Fax
Dimension 2350
Brother TN-350
39A for HP LaserJet 4300
Brother Intellifax 2 00
J4GHC21
Keyboards PS2 19
Mice PS2 10
CD-ROM Drives Internal 10
Monitor Dell M7 2 Black 17"
Cart 5
Item Model Description
Monitor NEC Accusync 70 White 17"
Monitor NEC Accusync 70 White 17"
Computer HP Vectra VL 00 US0295 15
Computer
Printer
HP Vectra VL1
HP LaserJet 4 Plus
US91703042
Computer HP Vectra VE /350 US9131 749
Computer HP Vectra VL /233 US 1 00 95
Item Model Description Cart #
Monitor Dell E771a Black 17"1
Monitor Dell E771a Black 17"1
Monitor Dell M7 2p Black 17"1
Monitor Dell M7 2p Black 17"1
Monitor Dell E770s White 17"1
Monitor Dell E770s White 17"1
Monitor Dell E770s White 17"1
Monitor Dell E770s White 17"1
Monitor Dell E770s White 17"2
Monitor Dell E770s White 17"3
Monitor Dell E772p Black 17"1
Monitor Mitsubishi Diamond Scan 90E White 19"3
Monitor NEC MultiSync FE791SB White 17"3
Printer HP DeskJet 970Cxi 2
Printer Dell M5200 2
Printer Ricoh AP2 1ON 2
Printer Dell P1500
Printer Dell P1500
Printer Dell P1500
Printer Dell P1500
Printer Dell 1700n
Printer HP LaserJet 210OTN
Fax Brother MFC4 00
Fax Brother MFC4 00
Fax Brother MFC4 00
Fax Brother Intellifax 2 00 4
Computer Large Server 2
Computer Large Server 2
Computer Dimension 2300 95JMT11 3
Computer Dimension 2200 5 POG11 3
Computer Dimension 2100 44FG711 3
Computer Dimension 2200 3 POG11 3
Computer Dimension 2350 4GF4T21 4
Computer Dimension 2100 9 FG711 3
Computer Dimension 2200 93VCM11 3
Computer Dimension L900CXE DF OW01 3
Computer Dimension L900CXE BG OW01 3
Computer Dimension 2200 23VCM11 3
Computer Dimension 2200 J4VCM11 3
Computer Dimension 2350 55GHC21 4
Computer Dimension 2350 3L2QC21 4
Computer Dimension L OOCXE F27QL01 3
Computer Dimension 2350 GF4T21 4
Computer Dimension 2300 2DHMT11 (No HD)3
Computer Dimension 2350 JMCJ 21 4
Monitor ViewSonic G220fb Black 19"
Computer Dimension 2200 4 POG11 (No HD)3
Computer Dimension 2350 J4GHC21 4
Computer Dimension 2200 F2VCM11 3
Computer Dimension 4100 4HHFM01 3
Computer Dimension 2350 HFF4T21 3
Computer HP Vectra VL 00 US014 70 3
Toner Cartridge Brother TN-350 4
Toner Cartridge 39A for HP LaserJet 4300 4
Keyboards PS2 34 2,4
Mice PS2 12 2,4
CD-ROM Drives Internal 10 4
Monitor Dell E772c Black 17"
Monitor Dell E772c Black 17"
Monitor Dell E772c Black 17"
Monitor Dell M7 2 Black 17"
Monitor Dell M7 2 Black 17"
Monitor Dell M7 2p Black 17"
Monitor Dell M7 2p Black 17"
Monitor Dell E771a Black 17"
Monitor Dell M7 2 Black 17"4
Monitor NEC Accusync 70 White 17"5
Monitor NEC Accusync 70 White 17"5
Computer HP Vectra VL 00 US0295 15 5
Computer HP Vectra VL1 US91703042 5
Printer HP LaserJet 4 Plus 5
Computer HP Vectra VE /350 US9131 749 5
Computer HP Vectra VL /233 US 1 00 95 5
Computer HP Pavilion 700 MX303S1707
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar July 17, 2007
DEPARTMENT /DIVISION :ITEM DESCRIPTION :ITEM NO.: VIII.K.
Approve 2008 &2009 audit services
Office of the City
Manager/Finance
Requested Action
Move to:
•Approve 2008 & 2009 audit services for $31,595 and $32,545 respectively from Malloy,
Montague, Karnowski, Radosevich, & Co. P.A.
Synopsis
The City competitively bids for audit services every five years. The initial contract is for a three
year period and the City typically has renewed the contract for an additional two year period if
staff has been satisfied with the services provided and staff can negotiate a satisfactory cost.
Staff has been satisfied with the services provided the past three years.Also, audit costs are
increasing three percent.
The City also coordinates the bids for the fire relief association. The association will approve its
own audit costs.
Attachment
Proposal
CERTIFIED^PUBLIC
A C C O U N T A N T S
July 2, 2007
Ms. Sue Kotchevar
Manager of Finance
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344-4485
Dear Ms. Kotchevar:
PRINCIPALS
Kenneth W. Malloy, CPA
Thomas M. Montague, CPA
Thomas A. Karnowski, CPA
Paul A. Radosevich, CPA
William J. Lauer, CPA
James H. Eichten, CPA
Aaron J. Nielsen, CPA
Victoria L. Holinka, CPA
We are pleased to submit this proposal to provide auditing services for the City of Eden Prairie (the City)
and the Eden Prairie Firefighters' Relief Association (the Association) for the fiscal years ending
December 31, 2007 and 2008.
Our audit will be conducted in accordance with auditing standards generally accepted in the United States
of America; the standards for financial and compliance audits contained in the Government Auditing
Standards,issued by the Comptroller General of the United States (City audit only), and the provisions of
the Legal Compliance Audit Guide promulgated by the Office of the State Auditor pursuant to Minnesota
Statute § 6.65, and any other applicable state or federal audit guide.We will review the internal controls
of each entity and test accordingly.
We anticipate issuing the following report letters relating to the City's financial statements:
1.A report on the fair presentation of the basic financial statements in conformity with accounting
principles generally accepted in the United States of America, with an "in relation to" opinion on
the combining and individual fund financial statements and schedules.
2.A report on compliance and on internal control over financial reporting based on an audit of
financial statements performed in accordance with government auditing standards.
3.A report on compliance with Minnesota state laws and regulations.
In addition, we anticipate issuing the following report letters relating to the financial statements of the
Association:
1.A report on the fair presentation of the financial statements in conformity with accounting
principles generally accepted in the United States of America.
2.If necessary, a report on internal controls over financial reporting based on an audit of the basic
financial statements.
3.A report on compliance with Minnesota state laws and regulations.
We will provide separate management reports to the City and the Association that communicate
comments and recommendations as a result of the audit.
Malloy, Montague, Karnowski, Radosevich & Co., P.A.
5353 Wayzata Boulevard •Suite 410 •Minneapolis ,MN 55416 • Telephone: 952-545-0424 • Telefax: 952-545-0569 •www.mmkr.com
Ms. Kotchevar Page 2
July 2, 2007
We will also be responsible for assisting the Association in preparing its IRS Form 990 federal tax return
and completing its required state reports.
Prior to issuance of the final audit reports, we shall review the report drafts, management reports, internal
control letters, and any other required state or federal compliance reports with the City's management.
We understand that the City will be responsible for preparing the initial draft of the City's financial
statements, notes, and supplementary schedules. The City will also be responsible for typing, editing, and
printing the financial statements:
We understand that we will be responsible for preparing the initial draft of the Association's financial
statements, notes, and supplementary schedules.We will also be responsible for typing, editing, and
printing the financial statements.
If our audit procedures indicate that material errors or other irregularities might exist that require
extended services, we will promptly advise the appropriate city officials.We will not perform extended
services at a cost to the City unless they are so authorized by the appropriate city official.
We understand that you will provide us with the basic information required for our audit and that you are
responsible for the accuracy and completeness of that information.We will advise you about appropriate
accounting principles and their application and will assist in the preparation of your financial statements,
but the responsibility for the financial statements remains with you.This responsibility includes the
maintenance of adequate records and related internal control policies, the selection and application of
accounting principles, and the safeguarding of assets.
The assistance to be supplied by your personnel ,including the preparation of schedules and analyses of
accounts ,typing all cash or other confirmations we request ,and locating any invoices selected by us for
testing, will be discussed and coordinated with you.
Our audit is not specifically designed and cannot be relied on to disclose significant deficiencies in the
design or operation of the internal control.However, during the audit, if we become aware of such
significant deficiencies or ways that we believe management practices can be improved, we will
communicate them to you in a separate letter.
Our fees for these services will be based on the actual time spent at our standard hourly rates, plus travel
and other out-of-pocket costs such as report production, typing, postage, etc.Our standard hourly rates
vary according to the degree of responsibility involved and the experience level of the personnel assigned
to your audit.Our invoices for these fees will be rendered each month as work progresses and are
payable upon presentation.We anticipate our fees for the indicated services will not exceed the
following:
City
Audit
Relief
Association
Audit Total
Fiscal 2007 audit $31,595 $5,470 $37,065
Fiscal 2008 audit $32,545 $5,635 $38,180
Ms. Kotchevar Page 3
July 2, 2007
As discussed in our management report dated April 27, 2007, issued in connection with our audit of the
City's 2006 financial statements, there are a number of new auditing standards that will become effective
beginning with the City's fiscal 2007 audit. These new auditing standards will significantly change the
audit process, and are expected to add a substantial amount of time to the typical audit, particularly in the
first year they are implemented. The estimated fees quoted in the preceding paragraph assume these new
standards will add 20-25 hours annually to the City's audit and 5-7 hours annually to the Association's
audit. If the additional time necessary to implement these new standards exceeds these estimates, we will
bill the City for the additional time.
The estimated fees quoted assume that the City will expend less than $500,000 of federal awards each
year, and that a Single Audit of the City's federal awards expenditures will not be necessary. If a
Single Audit is required, it would also add to the cost of the annual audit, and the engagement letter
would need to be updated.
The estimated fees quoted for the Association's audit is based on the understanding that a complete trial
balance and supporting workpapers will be provided to us for the Association.
Government Auditing Standards require that we provide you with a copy of our most recent quality
control review report. Our most recent peer review and letter of comment accompanies this letter.
We hope you will give our proposal due consideration.We will continue to give the Administration and
the City Council the kind of quality service you expect from your auditors. If you have any questions,
please contact William J. Lauer, Principal. This proposal covers the 2007 and 2008 fiscal years and is a
firm and irrevocable offer for a period of ninety (90) days.
Sincerely,
MALLOY, MONTAGUE, KARNOWSKI, RADOSEVICH & CO., P.A.
Gil
William J.Lail r, CPA
Principal
WJL:Imb
CITY COUNCIL AGENDA DATE:
SECTION: Public Hearing July 17, 2007
DEPARTMENT/DIVISION:ITEM DESCRIPTION: Vac 07-01 ITEM NO.: IX.A.
Vacation of part of the drainage and utility
Denise Christensen easement over Lot 1, Block 1, Reuter
Public Works/Engineering Addition
Requested Action
Move to:
•Close the Public Hearing; and
•Adopt a resolution vacating part of the drainage and utility easement over Lot 1, Block 1,
Reuter Addition.
Synopsis
The Property Owner, Southwest Metro Transit, has requested the vacation of part of the
Drainage and Utility easement to facilitate the construction of a bus garage expansion.
Background Information
The easement was originally dedicated in conjunction with platting of the subdivision. The lot
was granted a variance allowing construction of buildings within 5 feet of the lot line, but the
property has a drainage and utility easement of 10 feet along the lot line. The vacation will allow
for a larger garage addition and will not result in conflicts with installed utilities.
Attachments
•Resolution
•Location Map
•Vacation Drawing
•Published Notice
•Notification List
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2007 -
VACATION OF PART OF THE DRAINAGE AND UTILITY EASEMENT OVER
LOT 1,BLOCK 1, REUTER ADDITION
VACATION 07-01
WHEREAS, the City of Eden Prairie has (a) certain Drainage and Utility Easement
described as follows:
That part of the 20.00 foot drainage and utility easement dedicated over Lot 1, Block
1 on the plat of Reuter Addition, Hennepin County, Minnesota, lying 10.00 feet on
each side of a center line described as commencing at the most southerly corner of
said Lot 1; thence North 4 degrees 02 minutes 15 seconds West, assumed bearing,
along the westerly line of said Lot 1, a distance of 286.80 feet; thence North 30
degrees 27minutes 24 seconds East a distance of 118.76 feet; thence North 11
degrees 10 minutes 00 seconds East a distance of 30.93 feet, the point of beginning
of the center to be described; thence continuing North 11 degrees 10 minutes 00
seconds East a distance of 369.07 feet and said center line there termination. The
side lines of said easement shall terminate at a line 10.00 feet northerly of and
parallel with a line which bears North 33 degrees 49 minutes 19 seconds West from
said point of beginning and its southeasterly extension, and at a line 10.00 feet
southerly of and parallel with a line which bears North 78 degrees 50 minutes 00
seconds West from said point of termination and its southeasterly extension.
WHEREAS, a Public Hearing was held on July 17, 2007, after due notice was given to
affected property owners and published in accordance with M.S.A. 412.85 1; and
WHERAS ,the Council has been advised by City Staff that the proposed vacation of the
above described Drainage and Utility Easement has no relationship to the comprehensive
municipal plan; and
WHEREAS, it has been determined that the said Drainage and Utility Easement is not
necessary and has no interest to the public, therefore, should be vacated.
NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows:
1.Said Drainage and Utility Easement as described above is hereby vacated.
2.The City Clerk shall prepare a Notice of Completion of Proceedings in
accordance with M.S.A. 412.85 1.
ADOPTED by the Eden Prairie City Council on July 17, 2007.
ATTEST:
Phil Young, Mayor
SEAL
Kathleen Porta ,City Clerk
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WA TERMA/N EASEMENT VA CA T/ON SKETCH FOff.
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PROPOSED WATERMAIN EASEMENT VACATION DESCRIPTION
That part of the 20.00 foot drainage and utility
easement dedicated over Lot I, Block I, on the plot of
REUTER ADDITION, Hennepin County, Minnesota, lying 10.00
feet on each side of a center line described as
commencing at the most southerly corner of said Lot I;
thence North 4 degrees 02 minutes 15 seconds West,
assumed bearing, along the westerly line of said Lot 1, a
distance of 286.80 feet; thence North 30 degrees 27
minutes 24 seconds East a distance of 118.76 feet;
thence North II degrees 10 minutes 00 seconds East a
distance of 30.93 feet, the point of beginning of the
center line to be described; thence continuing North I I
degrees 10 minutes 00 seconds East a distance of
369.07 feet and said center line there terminating. The
side lines of said easement shall terminate at a line
10.00 feet northerly of and parallel with a line which
bears North 33 degrees 49 minutes 19 seconds West
from said point of beginning and its southeasterly
extension, and at a line 10.00 feet southerly of and
parallel with a line which bears North 78 degrees 50
minutes 00 seconds West from said point of termination
and its southeasterly extension.
We hereby certify that this sketch, plan or report was
prepared by me or under my instruction and that I am
a duly Licensed Land Surveyor under the laws of the
State of Minnesota.
Dated this 4th day of April, 2007
SUNDE LAND SURV^YIN,, LLC.
A
John K .Barnes, P .L.S.Minn. Lic. No. 16456
OA TED: DECEMBER 8, 2006
REVISED., APRIL 4, 2007 (Easement description)
2002-058-LSA 679 /19 T.116, R .22. 1.3.4 20020581349.dwg TLS
Sunde
Aff Land Surveying, LLC.
VACATION 07-01
NOTICE OF VACATION OF
PART OF THE DRAINAGE AND UTILITY EASEMENT OVER
LOT 1, BLOCK 1, REUTER ADDITION
Notice is hereby given that a public hearing will be held before the Eden Prairie City Council at the
Eden Prairie City Hall, 8080 Mitchell Road, Eden Prairie, Minnesota, on July 17, 2007 at 7:00 p.m.
to hear all persons present upon the proposed vacation of the Drainage & Utility Easement
described as follows:
That part of the 20.00 foot drainage and utility easement dedicated over Lot 1,
Block 1 on the plat of Reuter Addition, Hennepin County, Minnesota, lying 10.00
feet on each side of a center line described as commencing at the most southerly
corner of said Lot 1; thence North 4 degrees 02 minutes 15 seconds West, assumed
bearing, along the westerly line of said Lot 1, a distance of 286.80 feet; thence
North 30 degrees 27minutes 24 seconds East a distance of 118.76 feet; thence
North 11 degrees 10 minutes 00 seconds East a distance of 30.93 feet, the point of
beginning of the center to be described; thence continuing North 11 degrees 10
minutes 00 seconds East a distance of 369.07 feet and said center line there
termination.The side lines of said easement shall terminate at a line 10.00 feet
northerly of and parallel with a line which bears North 33 degrees 49 minutes 19
seconds West from said point of beginning and its southeasterly extension, and at a
line 10.00 feet southerly of and parallel with a line which bears North 78 degrees 50
minutes 00 seconds West from said point of termination and its southeasterly
extension.
By Order of the City Council
Published in the Sun Current on June 28, 2007
NOTIFICATION LIST
VACATION REQUEST 07-02
A copy of the Public Hearing Notice is to be sent to owners of the following parcels:
03-116-22-22-0003
04-116-22-11-0008
A copy of the Public Hearing Notice is to be sent to the following Utilities:
CenterPoint Energy
Comcast
Qwest Communications
Xcel Energy
CITY COUNCIL AGENDA DATE:
SECTION: Public Hearing July 17, 2007
DEPARTMENT/DIVISION:ITEM DESCRIPTION: Vacation 07-04 ITEM NO.: IX.B.
Denise Christensen Vacation of the Drainage and Utility
Easement Created by Document No.
Public Works/Engineering 3647452
Requested Action
Move to:
•Close the Public Hearing; and
•Adopt a resolution vacating the Drainage and Utility Easement which was filed with the
County Recorder of Hennepin County, State of Minnesota on December 17, 2002 as
Document Number 3647452
Synopsis
The Property Owners have requested the vacation of the Drainage and Utility easement to
facilitate the development of the Whispering Ridge project approved by Council on April 17,
2007.
Background Information
The Drainage and Utility Easement was originally dedicated to cover a sanitary sewer line
serving an existing home. The sanitary sewer line has been removed to allow redevelopment of
the lot and the existing home is being served by a new public sanitary sewer line covered by a
new easement.
Attachments
•Resolution
•Location Map
•Site Plan
•Published Notice
•Notification List
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2007-
VACATION OF THE DRAINAGE AND UTILITY EASEMENT CREATED BY
DOCUMENT NO. 3647452
VACATION 07-04
WHEREAS ,the City of Eden Prairie has (a) certain Drainage and Utility Easement
created by Document No. 3647452 which was filed with the County Recorder of
Hennepin County ,State of Minnesota on December 17, 2002.
WHEREAS, a Public Hearing was held on July 17, 2007, after due notice was given to
affected property owners and published in accordance with M.S.A. 412.85 1; and
WHEREAS ,the Council has been advised by City Staff that the proposed vacation of
the above described Drainage and Utility Easement has no relationship to the
comprehensive municipal plan; and
WHEREAS, it has been determined that the said Drainage and Utility Easement is not
necessary and has no interest to the public, therefore, should be vacated.
NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as
follows:
1.Said Drainage and Utility Easement a created by Document No. 3647452 which
was filed with the County Recorder of Hennepin County, State of Minnesota on
December 17, 2002 is hereby vacated.
2.The City Clerk shall prepare a Notice of Completion of Proceedings in
accordance with M.S.A. 412.85 1.
ADOPTED by the Eden Prairie City Council on July 17, 2007.
ATTEST:
Phil Young, Mayor
SEAL
Kathleen Porta ,City Clerk
OALEIGI((D W
VALLEY
r2 2.o
TILIA
SERENITY
VAC 07-04
LOCATION MAP
30 15 150
SCALE IN FEET
r-r- N I
L_LJL_1 V
2
0
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I IT^A Tr_-^
F I
S1°19'10"E 449.55 (MEAS.)
450.00 (EDEN HEIGHTS)
I
SOUTHWESTERLY CORNER OF
THE EAST 25.00 FEET OF
LOT 2, BLOCK 1,ALM EDEN
HEIGHTS ADDITION ---- --
0
--EXISTING EASEMENT TO BE VACATED -
-CL OF 20 FOOT WADE EASEMENT FOR \WEST LINE OF THE EAST /
SANITARY SEWER MAINTINANCE PER 25 .00 FEET OF LOT 2.
3647453DOD.BLOCK I,ALM EDEN HEIGHTS
ADDITION
BITUMINOUS DRIVEWAY
REVISIONS
0•eb^H
2 00
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to
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00z
EASEMENT VACATION DESCRIPTION
A 2000 foot wide easement over,under and across that part of Lot
2, Block 1, ALM EDEN HEIGHTS ADDITION,according to the
recorded plat thereof, Hennepin County,Minnesota ,The centerline
of said easement is described as beginning at the southwest comer
of the East 25.00 feet of: thence northerly along the west line of said
East 25 .00 feet a distance of 326-00 feet and there terminating.
h
rnw
rn0
12.0
I hereby certify that this plan or specification was prepared by me or
under my direct supervision and that I am a duly licensed land surveyor
under the laws of the State of Minnesota.
Dated this 15th day of November. 2006.
SATHRE -BERGQUIST, INC.
David B .Pemberton, Minnesota License No. 40344
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DATE
11/15106
[TOOK/PAGE
JOB NO.
7188-024 SUR
ESMT_VACATIONDWG
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VACATION 07-04
NOTICE OF VACATION OF
PART OF THE DRAINAGE AND UTILITY EASEMENT OVER
LOT 2, BLOCK 1, ALM EDEN HEIGHTS ADDITION
Notice is hereby given that a public hearing will be held before the Eden Prairie City Council at the
Eden Prairie City Hall, 8080 Mitchell Road, Eden Prairie, Minnesota, on June 19, 2007 at 7:00 p.m.
to hear all persons present upon the proposed vacation of the Drainage and Utility Easement created
by Document No. 3647452 which was filed with the County Recorder of Hennepin County, State
of Minnesota on December 17, 2002 described as follows:
An Easement for constructing, operating, maintaining and replacing a sanitary sewer over,
under and across a strip of land 20.00 feet in width, the centerline of which is described as
follows:
Beginning at the southwest corner of the East 25.00 feet of Lot 2, Block 1, Alm Eden
Heights Addition, Hennepin County, Minnesota; thence northerly along the west line of
said East 25.00 feet a distance of 326.00 feet and there terminating.
By Order of the City Council
Published in the Sun Current on June 28, 2007
NOTIFICATION LIST
VACATION REQUEST 07-04
A copy of the Public Hearing Notice is to be sent to owners of the following parcels:
20-116-22-42-0082
20-116-22-43-0002
20-116-22-43-0069
A copy of the Public Hearing Notice is to be sent to the following Utilities:
CenterPoint Energy
Comcast
Qwest Communications
Xcel Energy
CITY COUNCIL AGENDA
DATE:
SECTION: Payment of Claims July 17, 2007
DEPARTMENT /DIVISION :ITEM DESCRIPTION :ITEM NO.: X.
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 164708 - 165630
Wire Transfers 2714- 2747
City of Eden Prairie
Council Check Summary
7/17/2007
Division Amount Division Amount
General 63,243 502 Park Development 43,986
100 City Manager 1,045 503 Utility Improvement 70,957
101 Legislative 950 506 Improvment Bonds 1996 4,676
102 Legal Counsel 32,469 509 CIP Fund 106,015
104 Contingency 39,937 511 Construction Fund 10,969
110 City Clerk 820 512 CIP Trails 456
111 Customer Service 15,283 513 CIP Pavement Management 10,725
112 Human Resources 3,500 515 Fire Station #4 30,044
113 Communication Services 22,391 517 212/Charlson Intersection 7,647
114 Benefits & Training 4,881 519 Community Center Referendum 17,632
116 Facilities 117,828 520 Parks Referendum 17,179
117 City Center 102,437 522 Improvement Projects 2006 10,927
130 Assessing 2,890 523 3rd Sheet of Ice 27,193
131 Finance 1,363 601 Prairie Village Liquor 266,751
132 Social Services 3,474 602 Den Road Liquor 356,939
133 Planning 4,272 603 Prairie View Liquor 222,144
135 Information Technology 111,673 605 Den Road Building 4,836
136 Public Safety Communications 4,160 701 Water Fund 336,489
137 Economic Development 462 702 Sewer Fund 265,926
138 Community Development Admin.15 703 Storm Drainage Fund 183,249
150 Park Administration 0 802 494 Commuter Services 3,369
151 Park Maintenance 38,957 803 Escrow Fund 6,044
153 Organized Athletics 16,113 806 SAC Agency Fund 88,775
154 Community Center 10,520 807 Benefits Fund 843,044
155 Beaches 13,562 810 Workers Comp Insurance 119,168
156 Youth Programs 12,037 811 Property Insurance 3,495
157 Special Events 9,682 ***US Bank 44,912
158 Adult Recreation 2,241
159 Recreation Administration 906 Report Totals 4,430,719
160 Therapeutic Recreation 1,314
161 Oak Point Pool 5,745
162 Arts 14,504
163 Outdoor Center 9,673
164 Park Rental Facilities 467
180 Police 34,777
183 Emergency Preparedness 68
184 Fire 17,490
185 Animal Control 620
186 Inspections 179
200 Engineering 3,262
201 Street Maintenance 43,441
202 Street Lighting 3,497
203 Fleet Services 95,600
204 Equipment Revolving 85,299
300 Heritage Preservation Grants 2,600
301 CDBG 94,840
303 Cemetary Operation 959
304 Senior Board 358
308 E-911 1,522
312 Recycle Rebate 43
316 WAFTA 39
416 Certificate Debt Fund 10,138
417 $3,390,000 Facility Bond 2000 59,000
426 G.O. Equip Cert. 2004B-Pumper 113,000
427 2005 G.O. IMPR BONDS 38,476
428 G.O. Improv. Revolving 2005B 49,149
433 2007A Facility Lease-3rd Rink 4,000
City of Eden Prairie
Council Check Register
7/17/2007
Check #Amount Vendor /Explanation Account Description Business Unit
2714 18,897 DELTA DENTAL PLAN OF MN COBRA Health and Benefits
2721 23,697 US BANK
2722 123,138 ANCHOR BANK Principal G.O. Equip.Cert. 2004B -Pumper
2723 58,250 BANK OF NEW YORK, THE Interest $3,390 ,000 Facility Bond 2000
2724 87,625 WELLS FARGO BANK MINNESOTA NA Interest G.O. Improv Revolving 2005B
2725 12,207 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund
2727 16,478 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund
2728 97,534 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits
2729 76,320 US BANK TRUST HRA Health and Benefits
2730 29,234 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits
2731 153,641 WELLS FARGO MINNESOTA N A SS & Medicare Health and Benefits
2732 543 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Services
2733 79,824 MINNESOTA DEPT OF REVENUE Cash Over/Short General Fund
2734 66,000 MINNESOTA DEPT OF REVENUE Sales Tax Payable Prairie View Liquor Store
2735 27,193 WELLS FARGO MINNESOTA N A Bond Issue Costs 3rd Sheet of Ice
2736 570 US BANK TRUST HRA Health and Benefits
2737 30,991 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits
2738 167,078 WELLS FARGO MINNESOTA N A SS & Medicare Health and Benefits
2744 21,215 US BANK
2745 12,400 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund
2746 16,628 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund
2747 98,215 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits
164708 4 ,333 4 WHEEL DRIVE CENTER, THE Machinery &Equipment Capital Impr. /Maint. Fund
164709 1,200 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center
164710 116 A TO Z RENTAL CENTER Other Rentals Park Maintenance
164711 2,848 A-SCAPE INC Contract Svcs - Lawn Maint.Den Bldg. - CAM
164712 1,097 ADVANCED IRRIGATION INC Other Contracted Services Park Maintenance
164713 9,044 ALTERNATIVE BUSINESS FURNITURE Capital Under $2,000 Furniture
164714 5 AMERICAN RED CROSS Recreation Supplies Pool Lessons
164715 126 AMERIPRIDE LINEN & APPAREL SER Repair & Maint. Supplies Prairie View Liquor Store
164716 1,429 AMSAN LLC Cleaning Supplies Community Center Maintenance
164717 397 AQUA ENGINEERING INC Grounds Maintenance Water Treatment Plant
164718 203 AQUA LOGIC INC Contract Svcs - General Bldg Pool Maintenance
164719 560 AQUA POOL & SPA Deposits Escrow
164720 150 ARMA INTERNATIONAL INC.Dues & Subscriptions City Clerk
164721 5,630 ARTISTIC CONCRETE DESIGN Other Contracted Services Rehab
164722 258 ASPEN EQUIPMENT CO.Equipment Parts Fleet Services
164723 4,123 ASPEN WASTE SYSTEMS INC.Waste Disposal Den Road Liquor Store
164724 383 AVI SYSTEMS INC Video & Photo Supplies Communication Services
164725 750 BANK OF NEW YORK, THE Paying Agent $3,390 ,000 Facility Bond 2000
164726 1,023 BAUER BUILT TIRE AND BATTERY Tires Fleet Services
164727 5,890 BELLBOY CORPORATION Operating Supplies Den Road Liquor Store
164728 48 BINO, SUSAN Operating Supplies Senior Board
164729 1,331 BLOOMINGTON SECURITY SOLUTIONS Contract Svcs -Security Reserve
164730 535 BLOOMINGTON, CITY OF Kennel Services Animal Control
164731 100 BRAGG, ANNALISA Instructor Service Outdoor Center
164732 60 BURNETTE, AMBER L Instructor Service Outdoor Center
164734 2,680 CARUS PHOSPHATES INC Treatment Chemicals Water Treatment Plant
164735 990 CELARITY INC Other Contracted Services Communication Services
164736 1,700 CEMSTONE PRODUCTS COMPANY Repair & Maint .Supplies Storm Drainage
164737 315 CHRISTIANSEN, MIKE Other Contracted Services Softball
164738 90 CINGULAR WIRELESS Pager & Cell Phone Water System Maintenance
164739 192 CITI-CARGO & STORAGE CO, INC Other Rentals Summer Theatre
164740 27 COMCAST Cable TV Fire
164741 260 CONCRETE CUTTING & CORING INC Equipment Parts Fleet Services
164742 419 CORPORATE EXPRESS Office Supplies General
164743 200 CRIPE, JACQUELYN V Other Contracted Services Volleyball
164744 174 CUB FOODS EDEN PRAIRIE Operating Supplies Fire
164745 3,442 CUMMINS NPOWER LLC Equipment Repair & Maint Fleet Services
164746 14,618 CUTLER-MAGNER COMPANY Treatment Chemicals Water Treatment Plant
164747 7,069 DAY DISTRIBUTING Wine Domestic Den Road Liquor Store
Check #Amount Vendor /Explanation Account Description Business Unit
164748 196 DIAMOND MOWERS INC Equipment Parts Fleet Services
164749 183 DMX MUSIC Other Contracted Services Den Road Liquor Store
164750 81 DUALE, KHADRA Miscellaneous Housing and Community Service
164751 3,246 EAGLE WINE COMPANY Wine Imported Prairie Village Liquor Store
164752 490 EARL F ANDERSEN INC Equipment Repair & Maint Traffic Signals
164753 525 EDEN PRAIRIE CHAMBER OF COMMER Miscellaneous City Manager
164755 157 EDEN PRAIRIE ROTARY CLUB Miscellaneous Fire
164756 56 EDINA, CITY OF Special Event Fees Around Town
164757 37 ENVIRONMENTAL EQUIPMENT & SERV Equipment Parts Fleet Services
164758 26,236 ENVIRONMENTAL PROCESS INC Improvements to Land Capital Impr. /Maint. Fund
164759 908 ESCH CONSTRUCTION SUPPLY INC Repair & Maint .Supplies Storm Drainage
164760 278 EULL'S MANUFACTURING CO INC Repair & Maint .Supplies Storm Drainage
164761 64 EXTREME BEVERAGE Misc Taxable Den Road Liquor Store
164762 100 FABER, MICHELLE Refunds Environmental Education
164763 179 FAGNANT, SUSAN Instructor Service Outdoor Center
164764 418 FALCK, TIMOTHY R Other Contracted Services Softball
164765 252 FASTSIGNS Operating Supplies Police
164766 251 FEDEX Postage General
164767 1,130 FERRELLGAS Gas Riley Lake
164768 63 G & K SERVICES-MPLS INDUSTRIAL Janitor Service Utility Operations -General
164769 45 GARDEN ROOM FRATELLI'S GARDEN Miscellaneous Internal Events
164770 1,351 GE CAPITAL Other Rentals General
164771 106 GEARY, TRACY Program Fee Arts & Drama Programs
164772 581 GETTMAN COMPANY Misc Taxable Prairie Village Liquor Store
164773 459 GOLDEN VALLEY SUPPLY CO Supplies - General Bldg City Hall - CAM
164774 545 GRAPE BEGINNINGS Wine Imported Prairie Village Liquor Store
164775 243 GRAY-BAR Supplies - Electrical City Hall - CAM
164776 13,552 GRIGGS COOPER & CO Liquor Den Road Liquor Store
164777 500 GUARANTY TITLE INC Legal Crestwood Park
164778 330 HAGEN, SIDNEY E Other Contracted Services Softball
164779 12,350 HAMLINE UNIVERSITY Other Contracted Services Environmental Education
164780 944 HANSEN THORP PELLINEN OLSON Improvements to Land Community Center Referendum
164781 949 HD SUPPLY WATERWORKS LTD Repair & Maint .Supplies Storm Drainage
164782 103 HENNEPIN COUNTY TREASURER Operating Supplies-Escrow Guide Plan
164783 3,353 HENNEPIN COUNTY TREASURER Board of Prisoner Police
164784 1,078 HIRSHFIELDS PAINT MANUFACTURIN Operating Supplies Park Maintenance
164785 148 HOBART CORPORATION Contract Svcs - Garden Romm Garden Room Repairs
164786 100 HOFFER, CLETIS Refunds Environmental Education
164787 154 HOLMES, JOHN CARTER Other Contracted Services Softball
164788 418 HOLMES, TOM Other Contracted Services Softball
164789 364 HYDROLOGIC Repair & Maint .Supplies Park Maintenance
164790 26 ICI DULUX PAINT CTRS Equipment Repair & Maint Traffic Signals
164791 91 IMAGETECH SERVICES Operating Supplies Traffic Signals
164792 3,393 IND SCHOOL DIST 272 Other Contracted Services Housing and Community Service
164793 780 INDUSTRIAL FLOOR MAINTENANCE 1 Equipment Repair & Maint Fleet Services
164794 1,673 INTERSTATE POWER SYSTEMS INC Equipment Repair & Maint Fleet Services
164795 284 ITS A KEEPER Employee Award Organizational Services
164796 17,359 JJ TAYLOR DIST OF MN Beer Den Road Liquor Store
164798 28,221 JOHNSON BROTHERS LIQUOR CO Wine Imported Den Road Liquor Store
164799 96 JUN, MICHELLE Lessons &Classes Pool Lessons
164800 866 KEEPERS Clothing & Uniforms Fire
164801 400 KID CORE Other Contracted Services Staring Lake Concert
164802 21 ,269 KNOLL INC Capital Under $2,000 Fire Station #4
164803 752 KNOX COMPANY Operating Supplies Fire
164804 199 KRAEMERS HARDWARE INC Operating Supplies Park Maintenance
164805 100 KROWECH, KRIS Refunds Environmental Education
164806 406 LAB SAFETY SUPPLY INC Operating Supplies Water Treatment Plant
164807 200 LACASSE, ANDREW J Other Contracted Services Staring Lake Concert
164808 1 ,725 LAKE COUNTRY DOOR LLC Contract Svcs - General Bldg Fire Station #3
164809 2,437 LAMETTRYS COLLISION Equipment Repair & Maint Fleet Services
164810 567 LANO EQUIPMENT INC Equipment Repair & Maint Fleet Services
164811 100 LARABEE, ELAINE Refunds Environmental Education
164812 109 LESCOINC Landscape Materials/Supp Street Maintenance
164813 200 LISKO, JANE Refunds Environmental Education
164814 4 ,085 M W WATERMARK Equipment Parts Water Treatment Plant
Check #Amount Vendor /Explanation Account Description Business Unit
164815 2,830 MACQUEEN EQUIPMENT INC Equipment Parts Sewer System Maintenance
164816 19 ,373 MARK VII Beer Prairie Village Liquor Store
164817 48 MARK'S BP Motor Fuels Fleet Services
164818 1 ,341 MENARDS Small Tools Storm Drainage
164819 42 MERLINS ACE HARDWARE Supplies - General Bldg Community Center Maintenance
164820 230 METRO ATHLETIC SUPPLY Operating Supplies Park Maintenance
164821 388 METRO SALES INCORPORATED*Other Rentals General
164822 1,933 METROPOLITAN FORD Equipment Parts Fleet Services
164823 836 MICHELAU, JOHN Other Contracted Services Softball
164824 1 ,439 MID-MINNESOTA WIRE Capital Under $2,000 Fire Station #4
164825 5 ,088 MIDWEST ASPHALT CORPORATION Repair & Maint .Supplies Storm Drainage
164826 938 MIDWEST COCA COLA BOTTLING COM Misc Taxable Prairie Village Liquor Store
164827 1,415 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund
164828 90 MINNESOTA CONWAY Operating Supplies Fire
164829 23 MINNESOTA DEPT OF HEALTH Licenses & Taxes Water Treatment Plant
164830 995 MINNESOTA NATIVE LANDSCAPES Other Contracted Services Storm Drainage
164831 3 ,514 MINNESOTA PIPE AND EQUIPMENT*Repair & Maint .Supplies Water System Maintenance
164832 1,638 MINNESOTA TROPHIES & GIFTS Operating Supplies Police
164833 32 MINNESOTA VALLEY ELECTRIC COOP Electric Riley Creek Woods
164834 943 MINNESOTA WANNER COMPANY Equipment Repair & Maint Park Maintenance
164835 5 ,011 MOBILE RADIO ENGINEERING INC Other Assets Fire Station #4
164836 1 ,400 MORRIS CONCRETE CONSTRUCTION Other Contracted Services Water System Maintenance
164837 3,990 MRPA Special Event Fees Softball
164838 58 MTI DISTRIBUTING INC Equipment Parts Fleet Services
164839 19 ,442 NELSON DODGE-GMC Machinery &Equipment Fire
164840 551 NELSON, KATHY Dues &Subscriptions City Council
164841 136 NEW FRANCE WINE COMPANY Wine Domestic Prairie View Liquor Store
164842 302 NINETYNINE BOTTLES Beer Den Road Liquor Store
164843 640 NORTHERN SAFETY TECHNOLOGY INC Equipment Parts Fleet Services
164844 96 NORTHERN TOOL Equipment Parts Fleet Services
164845 878 OLSEN COMPANIES Repair & Maint .Supplies Sewer System Maintenance
164846 100 OTTERNESS, RON Instructor Service Outdoor Center
164847 82 PARK NICOLLET OPTICAL Protective Clothing Fire
164848 604 PARROTT CONTRACTING INC Other Contracted Services Outdoor Center
164849 5 ,712 PAUSTIS & SONS COMPANY Wine Domestic Prairie View Liquor Store
164850 143 PENGUIN GROUP USA INC Misc Taxable Den Road Liquor Store
164851 113 PEPSI COLA COMPANY Misc Taxable Prairie Village Liquor Store
164852 11,869 PHILLIPS WINE AND SPIRITS INC Wine Imported Den Road Liquor Store
164853 529 PICKLE, BRAD Operating Supplies Girls on the Run
164854 3 ,000 POSTAGE BY PHONE RESERVE ACCOU Postage General
164855 100 POULIQUEN, KARINE Refunds Environmental Education
164856 189 POWERPHONE INC Tuition Reimbursement/School Police
164857 4,362 PRAIRIE ELECTRIC COMPANY Contract Svcs - Electrical Reserve
164858 49 PRAIRIE LAWN AND GARDEN Operating Supplies Park Maintenance
164859 609 PRIOR WINE COMPANY Wine Imported Prairie Village Liquor Store
164860 62 PRODOCHL,NOEMI Program Fee Summer Skill Development
164861 1 ,037 PROFORMA Other Contracted Services Reserve
164862 39 QUALITY PROPANE Motor Fuels Ice Arena Maintenance
164863 28,622 QUALITY WINE & SPIRITS CO Wine Imported Den Road Liquor Store
164864 3 ,032 QWEST Telephone Wireless Communication
164865 148 RADIOSHACK Repair & Maint .Supplies Storm Drainage
164866 500 RAY, LEE Other Contracted Services Softball
164867 100 ROLFE, JAN Refunds Environmental Education
164868 100 SCANLAN, FREDRICK Refunds Environmental Education
164869 6 ,161 SENIOR COMMUNITY SERVICES Refunds CDBG - Public Service
164870 540 SHAMROCK GROUP, INC - ACE ICE Misc Non-Taxable Prairie Village Liquor Store
164871 2,217 SHERWIN WILLIAMS Equipment Repair & Maint Traffic Signals
164872 85 SHRED-IT Waste Disposal City Center Operations
164873 426 SINELL, STEVE Travel Expense Assessing
164874 75 SNAP-ON TOOLS Small Tools Fleet Services
164875 739 SPECIALTY WINES AND BEVERAGES Liquor Prairie View Liquor Store
164876 4 ,740 SPIRIT APPAREL & STUFF Operating Supplies Girls on the Run
164877 100 SPRINGER, NANCY Refunds Environmental Education
164878 12 ,456 SRF CONSULTING GROUP INC Other Contracted Services Park Acquisition & Development
164879 605 ST CROIX RECREATION CO INC Repair & Maint .Supplies Park Maintenance
Check #Amount Vendor /Explanation Account Description Business Unit
164880 223 STAR TRIBUNE Dues &Subscriptions Utility Operations - General
164881 100 STICKLER, LARRY Refunds Environmental Education
164882 6,305 STREICHERS Clothing & Uniforms Police
164883 553 SUBURBAN CHEVROLET Equipment Parts Fleet Services
164884 189 SUN NEWSPAPERS Legal Notices Publishing City Clerk
164885 20,327 SUNRAM CONSTRUCTION Improvement Contracts Park Acquisition &Development
164886 16 ,309 THORPE DISTRIBUTING Beer Den Road Liquor Store
164887 299 TKDA Other Contracted Services Water System Maintenance
164888 1 ,684 TRANS ALARM INC Building Fire Station #4
164889 524 TRUE FABRICATIONS Operating Supplies Den Road Liquor Store
164890 137 TURNQUIST, KEITH Mileage & Parking Tree Disease
164891 550 TWIN CITIES HOT CLUB, THE Other Contracted Services Staring Lake Concert
164892 288 TWIN CITY FILTER SERVICE INC Operating Supplies Water Treatment Plant
164893 38 TWIN CITY OXYGEN CO Repair & Maint. Supplies Water System Maintenance
164894 86 UNDHEIM, NAOMI Mileage & Parking Community Center Admin
164895 329 VALLEY RICH CO INC Other Contracted Services Water System Maintenance
164896 8 VERIZON WIRELESS Pager & Cell Phone Park Maintenance
164897 372 VESSCO INC Equipment Parts Water Treatment Plant
164898 100 WAGNER, LYNNE Refunds Environmental Education
164899 2,595 WALL TRENDS INC Contract Svcs - General Bldg Community Center Maintenance
164900 258 WALSER CHRYSLER JEEP Equipment Parts Fleet Services
164901 1 ,187 WATER SPECIALTY OF MN INC Chemicals Pool Maintenance
164902 1,846 WINE COMPANY, THE Wine Imported Prairie View Liquor Store
164903 4 ,391 WINE MERCHANTS INC Wine Domestic Den Road Liquor Store
164904 2,414 WORK CONNECTION, THE Other Contracted Services Park Maintenance
164905 106 WORLD CLASS WINES INC Wine Domestic Prairie Village Liquor Store
164906 456 WORM, SANDY Improvement Contracts CIP Trails
164907 42,993 XCEL ENERGY Electric Flying Cloud Off Leash Park
164908 9 ,416 YALE MECHANICAL INC Contract Svcs - HVAC Community Center Maintenance
164909 62 YILEK, TODD Program Fee Summer Skill Development
164910 13 COMCAST Cable TV Fire
164911 926 COSTCO Operating Supplies Fire
164912 100 MAAO Conference Expense Assessing
164913 1 ,080 MUHLHAUSER, WENDY Instructor Service Arts & Drama Programs
164914 23 UPS Equipment Repair & Maint Water Distribution
164915 508 VANDENBERGHE, MARK Tuition Reimbursement/School Organizational Services
164916 52 ANDERSON, LYDIA Other Contracted Services Teen Work Program
164917 50 BARTNIK, AARON B Other Contracted Services Teen Work Program
164918 44 BERKBIGLER, SARA Other Contracted Services Teen Work Program
164919 42 CALL, JARRED Other Contracted Services Teen Work Program
164920 38 CHEN, MICHAEL Other Contracted Services Teen Work Program
164921 16 CRAMPTON, KELLY A Other Contracted Services Teen Work Program
164922 53 ERWIN, HANNAH Other Contracted Services Teen Work Program
164923 50 HANSON, ALISA Other Contracted Services Teen Work Program
164924 44 HEGENBARTH, KRAMER Other Contracted Services Teen Work Program
164925 59 JASKULKE, TAYLOR A Other Contracted Services Teen Work Program
164926 37 KANG, DAVID Other Contracted Services Teen Work Program
164927 45 LANGEFELS,KELSEY Other Contracted Services Teen Work Program
164928 30 LELYUKH, DENIS Other Contracted Services Teen Work Program
164929 43 MCELVEEN, ALLISON Other Contracted Services Teen Work Program
164930 51 NORTON, CHELSEA Other Contracted Services Teen Work Program
164931 40 REYNOLDS, MACKENZIE Other Contracted Services Teen Work Program
164932 24 SCHAEPE, ELIZABETH Other Contracted Services Teen Work Program
164933 34 SHAH,RAOUL Other Contracted Services Teen Work Program
164934 43 SHAW, CARLEY Other Contracted Services Teen Work Program
164935 36 SHAWD, ANDREW Other Contracted Services Teen Work Program
164936 56 SKOBOV, MIKHAIL Other Contracted Services Teen Work Program
164937 50 SYED, ZOHAIB Other Contracted Services Teen Work Program
164938 57 WARD, ANDREA L Other Contracted Services Teen Work Program
164939 16 ,330 2ND WIND EXERCISE Other Assets Utility Operations -General
164940 973 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center
164941 2,900 A-SCAPE INC Contract Svcs - Lawn Maint Reserve
164942 280 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events
164943 100 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events
164944 457 ABM EQUIPMENT AND SUPPLY COMPA Equipment Parts Fleet Services
Check #Amount Vendor /Explanation Account Description Business Unit
164945 556 ADMINISTRATION RESOURCES CORP Other Contracted Services Finance
164946 2,007 ADOLPH KIEFER Clothing & Uniforms Pool Lessons
164947 2,327 ADVANCED ENGINEERING & ENVIRON Design & Engineering Utility Improvement Fund
164948 10 AIRCORPS INC LLC Cash Over/Short General Fund
164949 100 AMEM Dues &Subscriptions Fire
164950 29 AMERICAN MESSAGING Pager & Cell Phone Sewer Liftstation
164951 2,757 AMERICAN RED CROSS Recreation Supplies Oak Point Lessons
164952 219 AMERIPRIDE LINEN & APPAREL SER Repair & Maint .Supplies Prairie View Liquor Store
164953 864 ANCHOR PAPER COMPANY Other Rentals General
164954 179 ANCHOR PRINTING COMPANY Printing Fire
164955 264 ANDERSON, BRYAN E Other Contracted Services Softball
164956 46 ANDERSON, SALLY Program Fee Red Hat
164957 177 ARMOR SECURITY INC.Other Contracted Services Outdoor Center
164958 39 ASPEN EQUIPMENT CO.Equipment Repair & Maint Fleet Services
164959 69 ASPEN WASTE SYSTEMS INC.Waste Disposal Fire Station #2
164960 22,071 AVI SYSTEMS INC Other Assets Reserve
164961 895 BAUER BUILT TIRE AND BATTERY Tires Fleet Services
164962 2,874 BELLBOY CORPORATION Operating Supplies Prairie View Liquor Store
164963 72 BELLE SERVICES CORPORATION Chemicals Park Maintenance
164964 56 ,554 BERBEE INFORMATION NETWORKS CO Computers Capital Impr . /Maint. Fund
164965 36 BERRY COFFEE COMPANY Operating Supplies Senior Board
164966 15 BLOOMINGTON SECURITY SOLUTIONS Supplies - Security City Center Operations
164967 86 BLOOMINGTON, CITY OF Other Contracted Services Park Maintenance
164968 400 BOLD, PAULINE Instructor Service Outdoor Center
164969 60 BRAGG, ANNALISA Instructor Service Outdoor Center
164970 130 BRO-TEX INC Operating Supplies Fleet Services
164971 200 BURTIS, ROBERT Other Contracted Services Staring Lake Concert
164972 39 CAMPBELL KNUTSON, P.A.Legal WAFTA
164973 650 CAMPOS, LORI Instructor Service Outdoor Center
164974 1,193 CELARITY INC Other Contracted Services Communication Services
164975 2,786 CEMSTONE PRODUCTS COMPANY Repair & Maint .Supplies Storm Drainage
164976 11,235 CENTERPOINT ENERGY SERVICES IN Gas City Hall - CAM
164977 53 CHUHANIC, EDWARD AR Utility Water Enterprise Fund
164978 125 COLOR PRINTING Printing Police
164979 681 CORPORATE EXPRESS Office Supplies General
164980 150 COSTCO MEMBERSHIP Dues &Subscriptions Fire
164981 46 CRAWFORD, RITA Program Fee Red Hat
164982 3,100 CROSSTOWN MASONRY INC Contract Svcs -Asphalt/Concr.Fire Station #1
164983 34 CULLIGAN-METRO Other Contracted Services Outdoor Center
164984 189 CUSHMAN MOTOR COMPANY INC.Equipment Parts Fleet Services
164985 4 ,666 CUTLER-MAGNER COMPANY Treatment Chemicals Water Treatment Plant
164986 10 ,934 DAY DISTRIBUTING Beer Prairie Village Liquor Store
164987 21,767 DELANO ERICKSON ARCHITECTS Building Park Acquisition &Development
164988 2,444 DELL Computers Recreation Administration
164989 286 DESAULNIERS, DAN Other Contracted Services Softball
164990 791 DEZURIK WATER CONTROLS Equipment Parts Water Treatment Plant
164991 34 DISH NETWORK Cable TV Community Center Admin
164992 29,472 DIVERSE BUILDING MAINTENANCE Janitor Service Police City Center
164993 46 DOVER, RUTH Program Fee Red Hat
164994 22,866 DRT TRANSPORT Lime Residual Removal Water Treatment Plant
164995 49 DUJOUR, MCKAYLA Program Fee Tennis
164996 6 ,053 EAGLE WINE COMPANY Wine Domestic Prairie Village Liquor Store
164997 60 EARL F ANDERSEN INC Repair & Maint .Supplies Miller Park
164998 209 EDEN PRAIRIE ROTARY CLUB Miscellaneous City Manager
164999 226 EF JOHNSON Equipment Parts Wireless Communication
165000 270 ELVIN SAFETY SUPPLY INC Equipment Testing/Cert.Fire
165001 1 ,034 EMERGENCY APPARATUS MAINTENANC Repair & Maint .Supplies Fire
165002 75 ERICKSON, FRED Program Fee Outdoor Center
165003 20,287 ESCHELON TELECOM INC Other Contracted Services Telephone
165004 1 ,715 ESS BROTHERS & SONS INC Repair & Maint .Supplies Storm Drainage
165005 192 EXTREME BEVERAGE Misc Taxable Den Road Liquor Store
165006 44 FAGNANT, SUSAN Instructor Service Outdoor Center
165007 391 FEDEX KINKO'S OFFICE AND PRINT Printing Fire
165008 23 FERRELLGAS Motor Fuels Fleet Services
165009 310 FIELDSTONE VINEYARDS Wine Domestic Den Road Liquor Store
Check #Amount Vendor /Explanation Account Description Business Unit
165010 240 FIRE DEPARTMENT TRAINING NETWO Dues & Subscriptions Fire
165011 115 FLORIDA MICRO LLC Other Hardware Community Center Maintenance
165012 543 FLYING CLOUD T/S #U70 Waste Disposal Park Maintenance
165013 600 FORS, ERICA Other Contracted Services Summer Theatre
165014 981 G & K SERVICES Office Supplies General
165015 25 GARDEN ROOM FRATELLI'S GARDEN Miscellaneous City Manager
165016 389 GENERAL GROWTH PROPERTIES LP-E Building Rental CDBG Fund
165017 753 GERTENS Landscape Materials/Supp Park Maintenance
165018 1 ,235 GRAPE BEGINNINGS Wine Domestic Den Road Liquor Store
165019 240 GRAPHIC SOURCE INC Advertising Summer Theatre
165020 356 GREATAMERICA LEASING CORP.Other Rentals General
165021 196 GREENMAN TECHNOLOGIES OF MN IN Tires Fleet Services
165022 2,685 GREENSIDE INC Contract Svcs - Lawn Maint.City Hall - CAM
165023 14,452 GRIGGS COOPER & CO Liquor Den Road Liquor Store
165024 1,000 HALLEY CUSTOM HOMES Cash Park Fees Park Acquisition & Development
165025 100 HANSEN, EUGENE Refunds Environmental Education
165026 109 HARDING, PETER AR Utility Water Enterprise Fund
165027 2,034 HAWKINS INC Treatment Chemicals Water Treatment Plant
165028 675 HELGESON, GLEN Other Contracted Services Staring Lake Concert
165029 530 HENNEPIN COUNTY I/T DEPT Software Maintenance Information Technology
165030 506 HENNEPIN COUNTY PUBLIC RECORDS Other Contracted Services Engineering
165031 3 ,704 HENNEPIN TECHNICAL COLLEGE Tuition Reimbursement/School Fire
165032 66 HENRY, PAUL Other Contracted Services Volleyball
165033 375 HOFELD, TRICIA J Other Contracted Services Summer Theatre
165034 1 ,813 HOHENSTEINS INC Beer Prairie Village Liquor Store
165035 176 HOLMES, TOM Other Contracted Services Softball
165036 55 HOMA, THEODORE Program Fee Tennis
165037 1,478 HOME DEPOT CREDIT SERVICES Repair & Maint .Supplies Fire
165038 55 HUANG, BECK Program Fee Tennis
165039 11 ,785 HYDRO METERING TECHNOLOGY INC Merchandise for Resale Water Metering
165040 104 HYDROLOGIC Repair & Maint .Supplies Park Maintenance
165041 32 IDEARC MEDIA CORP (VERIZON DI Advertising Prairie View Liquor Store
165042 107 IMAGETECH SERVICES Operating Supplies Traffic Signals
165043 792 IN THE HEART OF THE BEAST Other Contracted Services Leisure Education
165044 732 IND SCHOOL DIST 272 Transportation Special Events & Trips
165045 370 INFRATECH Other Contracted Services Storm Drainage
165046 2,250 INNOVATIVE GRAPHICS Clothing & Uniforms Playgrounds
165047 75 INTERNATIONAL ASSOCIATION OF A Dues & Subscriptions Fire
165048 180 INTERNATIONAL CODE COUNCIL Dues &Subscriptions Inspections -Administration
165049 74 INTERNATIONAL FIRE PROTECTION Fire Prevention Permits General Fund
165050 3 ,495 J A PRICE AGENCY INC Insurance Property Insurance
165051 197 J H LARSON COMPANY Supplies - Electrical Community Center Maintenance
165052 12,965 JJ TAYLOR DIST OF MN Beer Prairie Village Liquor Store
165053 108 JNR ADJUSTMENT COMPANY INC Other Contracted Services Water System Maintenance
165054 24,894 JOHNSON BROTHERS LIQUOR CO Liquor Prairie View Liquor Store
165055 1 ,302 K & H OUTDOORS, INC Other Contracted Services Pleasant Hill Cemetary
165056 1 ,974 KEEPERS Clothing & Uniforms Fire
165057 49 KORUS, KATHERINE Program Fee Tennis
165058 46 KREJCI, CLARA Program Fee Red Hat
165059 5 ,545 LAMETTRYS COLLISION Equipment Repair & Maint Fleet Services
165060 400 LAYMON, MARY Other Contracted Services Summer Theatre
165061 500 LEE, BOYD F Other Contracted Services Staring Lake Concert
165062 455 LESCOINC Repair & Maint .Supplies Water System Maintenance
165063 65 ,156 LOGIS LOGIS Information Technology
165064 324 LUKE, TRACY Tuition Reimbursement/School Police
165065 400 LUSHINE, PEGGY E Other Contracted Services Summer Theatre
165066 169 M. AMUNDSON LLP Misc Taxable Prairie Village Liquor Store
165067 1,321 MACQUEEN EQUIPMENT INC Equipment Parts Sewer Utility -General
165068 400 MAECK, TOM Other Contracted Services Summer Theatre
165069 20 MAGC Miscellaneous Communication Services
165070 1 ,474 MARGRON SKOGLUND WINE IMPORTS,Wine Imported Den Road Liquor Store
165071 19,339 MARK VII Misc Taxable Prairie View Liquor Store
165072 31 MARK'S BP Repair & Maint .Supplies Utility Operations - General
165073 484 MAROTTA, VIC Instructor Service Spring Skill Development
165074 46 MCCARTHY, ARDIS Program Fee Red Hat
Check #Amount Vendor /Explanation Account Description Business Unit
165075 872 MENARDS Repair & Maint .Supplies Storm Drainage
165076 274 METRO FIRE Repair & Maint .Supplies Fire
165077 752 METRO SALES INCORPORATED*Other Rentals General
165078 87 ,887 METROPOLITAN COUNCIL Due to Other Governments SAC Agency Fund
165079 2,629 MIDWEST ASPHALT CORPORATION Waste Blacktop/Concrete Street Maintenance
165080 367 MIDWEST COCA COLA BOTTLING COM Misc Taxable Prairie View Liquor Store
165081 1 ,428 MIDWEST PLAYSCAPES Landscape Materials/Supp Park Maintenance
165082 654 MINNESOTA CLIPPING SERVICE Other Contracted Services Communication Services
165083 600 MINNESOTA RADIOLOGY Safety Supplies Fire
165084 40 MINNESOTA RECREATION & PARK AS Conference Expense Youth Programs Administration
165085 1 ,675 MMKR Audit &Financial Finance
165086 18 MOORE, LYNN Events/Admission Fee Cummins House Special Events
165087 98 MORGAN, MARIA Program Fee Tennis
165088 350 MPCA Licenses & Taxes Water Treatment Plant
165089 40 MRPA Conference Expense Recreation Administration
165090 142 MTI DISTRIBUTING INC Equipment Parts Fleet Services
165091 945 MUHLHAUSER, WENDY Instructor Service Arts & Drama Programs
165092 2,736 NEW FRANCE WINE COMPANY Wine Domestic Den Road Liquor Store
165093 150 NFPA Dues &Subscriptions Fire
165094 230 NORCOSTCO Operating Supplies Summer Theatre
165095 15 ,525 NORTH AMERICAN SALT CO Salt Snow & Ice Control
165096 4 ,699 NORTHERN SAFETY TECHNOLOGY INC Equipment Parts Fleet Services
165097 7,374 NORTHSTAR MUDJACKING SPECIALIS Mudjacking Curbs Drainage
165098 171 NORTHWEST RESPIRATORY SERVICE Safety Supplies Fire
165099 133 ONCE UPON A STAR Instructor Service Preschool Events
165100 3 ,354 PAUSTIS & SONS COMPANY Wine Domestic Den Road Liquor Store
165101 627 PC MALL Other Hardware Information Technology
165102 96 PEROUTKA, BRENDA Lessons &Classes Pool Lessons
165103 15 ,431 PHILLIPS WINE AND SPIRITS INC Liquor Den Road Liquor Store
165104 998 PLANET SPIRIT Instructor Service Camps
165105 850 PLEHAL BLACKTOPPING INC Other Contracted Services Water System Maintenance
165106 50 POMP'S TIRE SERVICE INC Equipment Repair & Maint Fleet Services
165107 3,116 PRAIRIE ELECTRIC COMPANY Contract Svcs - Electrical City Center Operations
165108 100 PRAIRIE LUTHERAN CHURCH Staring Lake Bldg Park Facilities
165109 8 ,858 PRAIRIE PARTNERS SIX LLP Building Rental Prairie Village Liquor Store
165110 778 PRIOR WINE COMPANY Wine Imported Den Road Liquor Store
165111 58 QUALITY PROPANE Motor Fuels Ice Arena Maintenance
165112 22,053 QUALITY WINE & SPIRITS CO Liquor Prairie View Liquor Store
165113 10 QUICKSILVER EXPRESS COURIER Postage Communication Services
165114 400 RAY, LEE Other Contracted Services Softball
165115 9,601 RECREONICS Other Assets Round Lake Beach
165116 156 REED BUSINESS INFORMATION Legal Notices Publishing Street Maintenance
165117 264 REID, DEVIN M Other Contracted Services Softball
165118 20 RICHFIELD, CITY OF Autos Fire
165119 10 RICHFIELD, CITY OF Operating Supplies Fleet Services
165120 33 RIDGEVIEW CLINICS Other Contracted Services Workers Comp Insurance
165121 1,062 RIGID HITCH INCORPORATED Equipment Parts Fleet Services
165122 115 RISLEY, BONNIE Program Fee Camps
165123 1,040 ROBICHONS THE IN-LINE SKATE SC Instructor Service Spring Skill Development
165124 39 RYLEE, DAVID Lessons &Classes Ice Arena
165125 108 SAHAVER, GINNY AR Utility Water Enterprise Fund
165126 100 SCHMIDT,GARY Staring Lake Bldg Park Facilities
165127 46 SCHOEN, ELIZABETH Program Fee Red Hat
165128 620 SCHONSTEDT INSTRUMENT COMPANY Equipment Repair & Maint Water System Maintenance
165129 40 SHAH,MONA Round Lake Pavilion Park Facilities
165130 207 SHAMROCK GROUP, INC - ACE ICE Misc Non-Taxable Den Road Liquor Store
165131 411 SHERWIN WILLIAMS Equipment Repair & Maint Traffic Signals
165132 48 SIGNSOURCE Printing Communication Services
165133 115 SNYDER, DAVID Program Fee Camps
165134 737 SOFTWARE HOUSE INTERNATIONAL 1 Software Information Technology
165135 41 SONDREAL, CHRISTINA AR Utility Water Enterprise Fund
165136 134 SOSNIECKI, BEN Mileage & Parking Tree Disease
165137 2,135 SOUTHWEST SUBURBAN PUBLISHING-Printing Communication Services
165138 109 SPECIALTY WINES AND BEVERAGES Liquor Den Road Liquor Store
165139 2,144 SPRINT Software and Hardware Information Technology
Check #Amount Vendor /Explanation Account Description Business Unit
165140 3 ,646 SRF CONSULTING GROUP INC Design & Engineering Construction Fund
165141 2,326 STAR TRIBUNE Employment Advertising Organizational Services
165142 39 STARK, CHRISTINE Lessons &Classes Pool Lessons
165143 39 STATE OF MINNESOTA Operating Supplies Fleet Services
165144 230 STREICHERS Equipment Parts Fleet Services
165145 80 STRENGTH FOR LIVING FOR FIREFI Tuition Reimbursement/School Fire
165146 159 SUBURBAN CHEVROLET Equipment Parts Fleet Services
165147 75 SUN NEWSPAPERS Improvement Contracts Construction Fund
165148 35 TESSMAN SEED CO Chemicals Park Maintenance
165149 25,754 THORPE DISTRIBUTING Beer Den Road Liquor Store
165150 98 TOLL GAS AND WELDING SUPPLY Repair & Maint .Supplies Sewer Utility -General
165151 146 TOM'S WINDOW CLEANING Janitor Service -General Bldg Den Road Building
165152 580 TRANSPORT GRAPHICS Repair & Maint .Supplies Fire
165153 113 TWIN CITY OXYGEN CO Equipment Repair & Maint Fleet Services
165154 1,250 UNCOMMON GATHERINGS Other Contracted Services Summer Theatre
165155 20 VEIT & CO Cash Over/Short General Fund
165156 535 VERIZON WIRELESS Pager & Cell Phone Police
165157 3,160 VERNCO MAINTENANCE INC Grounds Maintenance Water Treatment Plant
165158 956 VESSCOINC Equipment Parts Water Treatment Plant
165159 265 VIDEOTRONIX INC Capital Under $2,000 Wireless Communication
165160 68 VINO SOURCE, THE Liquor Den Road Liquor Store
165161 8 ,600 VIRCHOW KRAUSE & COMPANY Other Contracted Services Sewer Liftstation
165162 500 WALLENBERG, RANDI M Other Contracted Services Summer Theatre
165163 200 WENCK ASSOCIATES INC Other Contracted Services Storm Drainage
165164 46 WENZEL, ELINOR Program Fee Red Hat
165165 12,355 WHEELER LUMBER LLC Building Materials Park Acquisition &Development
165166 961 WINE COMPANY, THE Wine Domestic Prairie View Liquor Store
165167 4,806 WINE MERCHANTS INC Wine Domestic Prairie View Liquor Store
165168 589 WM MUELLER AND SONS INC Repair & Maint .Supplies Storm Drainage
165169 1 ,872 WORK CONNECTION, THE Other Contracted Services Park Maintenance
165170 1,482 WORLD CLASS WINES INC Wine Domestic Prairie Village Liquor Store
165171 73,773 XCEL ENERGY Electric Prairie View Park
165172 23,596 YALE MECHANICAL INC Contract Svcs - HVAC Prairie View Liquor Store
165173 33 YI, KUK Lessons &Classes Ice Arena
165174 34 ZIEGLER INC Equipment Parts Fleet Services
165175 5 ZURN, REVONDA Program Fee Outdoor Center
165176 2,184 EXPRESS PERSONNEL SERVICES General Bicycle Program
165177 178 NATIONAL PREMIUM INC General Bicycle Program
165178 384 STICK EM UP INC General Bicycle Program
165179 623 WELLS FARGO BANK General Bicycle Program
165180 367 ASPEN WASTE SYSTEMS INC.Waste Disposal Public Works/Parks
165181 150 BARNES, BELINDA A.Other Contracted Services Volleyball
165182 81 CINGULAR WIRELESS Pager & Cell Phone Police
165183 700 DEFENSE TECHNOLOGY Tuition Reimbursement/School Police
165184 75 FLYING CLOUD ANIMAL HOSPITAL Canine Supplies Police
165185 7,684 PRAIRIEVIEW RETAIL LLC Building Rental Prairie View Liquor Store
165186 354 QWEST Telephone Water Distribution
165187 177 SHRED-IT Operating Supplies Police
165188 64 VERIZON WIRELESS Pager & Cell Phone Police
165190 118 BENNETT, ELIZABETH 1 Deposits Escrow
165191 6 ,000 KAZEMINY, NADER Insurance Claims Sewer Utility -General
165192 23 MPCA Dues & Subscriptions Sewer Utility -General
165193 1 ,407 RICHFIELD, CITY OF Autos Police
165194 6 ,231 STANDARD INSURANCE CO Life Insurance EE/ER Health and Benefits
165195 1,382 STATE OF MINNESOTA Autos Capital Impr . /Maint. Fund
165196 80 STRENGTH FOR LIVING FOR FIREFI Tuition Reimbursement/School Fire
165197 548 US POSTMASTER - HOPKINS Postage Senior Center Administration
165198 1 ,460 LIEBERT GLOBAL SERVICES Software and Hardware Information Technology
165199 1 ,050 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center
165200 55 A TO Z RENTAL CENTER Other Rentals Park Maintenance
165201 1,550 A-SCAPE INC Contract Svcs - Lawn Maint.Den Bldg. - CAM
165202 165 AAA LAMBERTS LANDSCAPE PRODUCT Repair & Maint. Supplies Water System Maintenance
165203 435 ABM EQUIPMENT AND SUPPLY COMPA Equipment Parts Fleet Services
165204 230 ACCURINT - ACCOUNT #1348824 Other Contracted Services Police
165205 471 ADVANCED IRRIGATION INC Other Contracted Services Park Maintenance
Check #Amount Vendor /Explanation Account Description Business Unit
165206 293 ALTERNATIVE BUSINESS FURNITURE Capital Under $2,000 Furniture
165207 175 AMERIPRIDE LINEN & APPAREL SER Repair & Maint .Supplies Prairie View Liquor Store
165208 1 ,542 ANCHOR PAPER COMPANY Office Supplies General
165209 4,739 ANCHOR PRINTING COMPANY Printing Staring Lake Concert
165210 151 AQUA ENGINEERING INC Repair & Maint. Supplies Park Maintenance
165211 9,921 BELLBOY CORPORATION Liquor Den Road Liquor Store
165212 46 BERGSTROM, ELAINE Program Fee Red Hat
165213 38 BERRY COFFEE COMPANY Safety Supplies Senior Center Operations
165214 111 BERTELSON OFFICE PLUS Office Supplies Utility Operations -General
165217 7,574 BIFFS INC Waste Disposal Park Maintenance
165218 220 BOGREN, ANN Canine Supplies Police
165219 60 BURNETTE, AMBER L Instructor Service Outdoor Center
165220 92 BUSINESS JOURNAL, THE Dues & Subscriptions Utility Operations - General
165221 2,050 CAMPOS, LORI Instructor Service Outdoor Center
165222 46 CARROLL, ELSIE Program Fee Red Hat
165223 630 CELARITY INC Other Contracted Services Communication Services
165224 2,689 CEMSTONE PRODUCTS COMPANY Repair & Maint .Supplies Storm Drainage
165225 5,335 CENTRAIRE INC Other Contracted Services Rehab
165226 5,500 COMMUNITY TECHNOLOGY ADVISORS Other Contracted Services Information Technology
165227 313 COOPER, HANNA N Other Contracted Services Organizational Services
165228 1,107 CORPORATE EXPRESS Office Supplies Police
165229 225 CRIPE, JACQUELYN V Other Contracted Services Volleyball
165230 29 CROWN STAMP AND ENGRAVING CO Office Supplies Police
165231 141 CTS CLEANERS TAILOR & SHOE REP Operating Supplies Police
165232 458 CUB FOODS EDEN PRAIRIE Operating Supplies Fire
165233 97 DAKOTA PLUMBING & HEATING Cash Over/Short General Fund
165234 77 DALE GREEN COMPANY, THE Landscape Materials/Supp Street Maintenance
165235 8 ,739 DAY DISTRIBUTING Beer Prairie Village Liquor Store
165236 10 ,250 DECISION RESOURCES LTD Other Contracted Services Reserve
165237 1,001 DELL Other Hardware Information Technology
165238 67 DIAMOND MOWERS INC Equipment Parts Fleet Services
165239 48 DMX MUSIC Other Contracted Services Prairie Village Liquor Store
165240 5,492 EAGLE WINE COMPANY Wine Domestic Prairie Village Liquor Store
165241 257 EARL F ANDERSEN INC Signs Traffic Signs
165242 1,189 ECOLAB INC Contract Svcs - Pest Control Utility Operations - General
165243 1,121 EDEN PRAIRIE WINLECTRIC Operating Supplies Street Lighting
165244 5,587 EGAN OIL COMPANY Lubricants & Additives Fleet Services
165245 41,870 ELK RIVER Autos Police
165246 149,036 ENVIRONMENTAL EQUIPMENT & SERV Machinery &Equipment Storm Drainage
165247 300 EXECUTIVE OCEAN Awards City Council
165248 100 FAGNANT, SUSAN Instructor Service Outdoor Center
165249 301 FITNESS WHOLESALE Operating Supplies Fitness Classes
165250 179 FORMS & SYSTEMS OF MINNESOTA Printing Police
165251 585 GARDEN ROOM FRATELLPS GARDEN Miscellaneous City Council
165252 400 GE CAPITAL Other Rentals General
165254 2,224 GENUINE PARTS COMPANY Equipment Parts Fleet Services
165255 446 GETTMAN COMPANY Misc Taxable Prairie Village Liquor Store
165256 28 GILBERT MECHANICAL Mechanical Surcharge General Fund
165257 767 GRAFIX SHOPPE Equipment Parts Fleet Services
165258 333 GRAINGER Supplies - General Bldg Community Center Maintenance
165259 703 GRAPE BEGINNINGS Wine Domestic Prairie View Liquor Store
165260 3 ,520 GREENSIDE INC Contract Svcs - Lawn Maint.City Hall - CAM
165261 20,947 GREGERSON ROSOW JOHNSON & NILA Legal Legal Criminal Prosecution
165262 17,837 GRIGGS COOPER & CO Wine Imported Den Road Liquor Store
165263 20 HAMLIN MECHANICAL Cash Over/Short General Fund
165264 600 HAMMERS, SARAH Other Contracted Services Volleyball
165265 13,257 HANSEN THORP PELLINEN OLSON Design & Engineering Storm Drainage Projects
165266 16 ,830 HARTLAND FUEL PRODUCTS LLC Motor Fuels Fleet Services
165267 483 HD SUPPLY WATERWORKS LTD Repair & Maint. Supplies Water Distribution
165268 159 ,627 HEALTHPARTNERS Medical Bills Prepaid Health and Benefits
165269 1,450 HENNEPIN COUNTY SHERIFF'S OFFI Board of Prisoner Police
165270 25 HENNEPIN COUNTY TREASURER Operating Supplies-Escrow Guide Plan
165271 53 HENNEPIN COUNTY TREASURER Operating Supplies-Escrow Guide Plan
165272 102 HUDSON MAP COMPANY Repair & Maint .Supplies Utility Operations -General
165273 990 IACP Tuition Reimbursement/School Police
Check #Amount Vendor /Explanation Account Description Business Unit
165274 3,335 IND SCHOOL DIST 272 Other Contracted Services Oak Point Operations
165275 1,117 INNOVATIVE GRAPHICS Clothing & Uniforms Police
165276 1,560 INTERNATIONAL UNION OF OPERATI Union Dues Withheld General Fund
165277 1,491 ITRON INC.Maintenance Contracts Water Metering
165278 220 JENKINS, JOEL S Other Contracted Services Softball
165279 15,109 JJ TAYLOR DIST OF MN Beer Prairie View Liquor Store
165281 29,566 JOHNSON BROTHERS LIQUOR CO Liquor Den Road Liquor Store
165282 100 KEEPERS Clothing & Uniforms Reserves
165283 835 KUSTOM SIGNALS INC Operating Supplies Police
165284 5 ,709 LAMETTRYS COLLISION Equipment Repair & Maint Fleet Services
165285 85 LEROY JOB TRUCKING INC Kennel Services Animal Control
165286 166 LESCOINC Repair & Maint. Supplies Water System Maintenance
165287 128 LINDAHL, DAVID Mileage & Parking Economic Development
165288 74 LYMAN LUMBER COMPANY Supplies - General Bldg Reserve
165289 180 M. AMUNDSON LLP Operating Supplies Den Road Liquor Store
165290 1 ,598 MACQUEEN EQUIPMENT INC Small Tools Sewer Utility -General
165291 15,285 MARK VII Beer Prairie Village Liquor Store
165292 125 MARK'S BP Equipment Repair & Maint Police
165293 958 MENARDS Repair & Maint .Supplies Storm Drainage
165294 194 METRO ATHLETIC SUPPLY Operating Supplies Park Maintenance
165295 231,524 METROPOLITAN COUNCIL ENVIRONME Waste Disposal Sewer Utility -General
165296 36 METROPOLITAN MECHANICAL CONTRA Cash Over/Short General Fund
165297 3,832 MIDWEST ASPHALT CORPORATION Repair & Maint .Supplies Storm Drainage
165298 327 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store
165299 350 MIDWEST TAPE & RIBBON INC Advertising Prairie Village Liquor Store
165300 1 ,415 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund
165301 20 MINNESOTA DEPT OF LABOR AND IN Licenses & Taxes Water Treatment Plant
165302 270 MINNESOTA NATIVE LANDSCAPES Other Contracted Services Storm Drainage
165303 234 MINNESOTA PRINT MANAGEMENT LLC Office Supplies General
165304 9 MINNESOTA VALLEY ELECTRIC COOP Electric Prairie Bluff Conservation
165305 298 MOORE FUN INC Other Rentals July 4th Celebration
165306 221 MTI DISTRIBUTING INC Equipment Parts Fleet Services
165307 130 NATIONAL CAMERA EXCHANGE & VID Video & Photo Supplies Fire
165308 440 NEUMANN, NEAL Other Contracted Services Softball
165309 187 NICKLAUS, TODD Other Contracted Services Storm Drainage Projects
165310 3 ,437 NORTHERN SAFETY TECHNOLOGY INC Equipment Parts Fleet Services
165311 168 NUCO2INC Chemicals Pool Maintenance
165312 258 OLSEN COMPANIES Equipment Parts Fleet Services
165313 100 OTTERNESS, RON Instructor Service Outdoor Center
165314 550 PARK NICOLLET CLINIC Other Contracted Services Workers Comp Insurance
165315 100 PATOW, CARL Refunds Environmental Education
165316 3 ,171 PAUSTIS & SONS COMPANY Wine Domestic Prairie Village Liquor Store
165317 320 PC MALL Other Hardware Information Technology
165318 9 ,693 PHILLIPS WINE AND SPIRITS INC Transportation Den Road Liquor Store
165319 344 PITNEY BOWES Postage General
165320 100 PLASS, EDWARD Refunds Environmental Education
165321 439 PRAIRIE ELECTRIC COMPANY Contract Svcs - Electrical Fire Station #1
165322 90 PRINTERS SERVICE INC Contract Svcs - Ice Rink Ice Arena Maintenance
165323 789 PRIOR WINE COMPANY Wine Imported Den Road Liquor Store
165324 15,209 QUALITY WINE & SPIRITS CO Liquor Den Road Liquor Store
165325 20 QUICKSILVER EXPRESS COURIER Postage Communication Services
165326 57 QWEST Telephone Telephone
165327 10 R & R MARINE INC Operating Supplies Park Maintenance
165328 88 R & R SPECIALTIES OF WISCONSIN Contract Svcs - Ice Rink Ice Arena Maintenance
165329 1,019 RECREONICS Safety Supplies Round Lake Beach
165330 25 RES SPECIALTY PYROTECHNICS INC Fire Prevention Permits General Fund
165331 872 RIDGEVIEW MEDICAL CENTER Other Contracted Services Workers Comp Insurance
165332 3,500 RIGHT MANAGEMENT Other Contracted Services Human Resources
165333 501 RIGID HITCH INCORPORATED Equipment Parts Fleet Services
165334 2,600 ROBERT C VOGEL Other Contracted Services 1999 CLG Grant
165335 100 RUESINK, SHERRI Refunds Environmental Education
165336 425 SCHIFFMAN, JIM Other Contracted Services July 4th Celebration
165337 150 SCRAP METAL PROCESSORS INC Equipment Repair & Maint Fleet Services
165338 653 SHAMROCK GROUP, INC - ACE ICE Misc Non-Taxable Den Road Liquor Store
165339 1 ,482 SHEGGEBY, MICHAEL Conference Expense General Facilities
Check #Amount Vendor /Explanation Account Description Business Unit
165340 802 SHERWIN WILLIAMS Equipment Repair & Maint Traffic Signals
165341 456 SHORT ELLIOTT HENDRICKSON INC Other Contracted Services Storm Drainage
165342 450 SIGNAL SYSTEMS INC.Software Maintenance Information Technology
165343 267 SNAP-ON TOOLS Motor Fuels Fleet Services
165344 25 SO DAKOTA ASSOC OF RURAL WATER Employment Advertising Water Treatment Plant
165345 9 SODERLIN INC Cash Over/Short General Fund
165346 150 SOKOL,MARK Refunds Environmental Education
165347 11,414 SOUTH METRO PUBLIC SAFETY TRAI Contract Svcs - General Bldg Public Safety Training Facilit
165348 144 SOUTH TOWN REFRIGERATION Mechanical Permits General Fund
165349 402 SPECIALTY WINES AND BEVERAGES Wine Domestic Den Road Liquor Store
165350 235 SPIRIT APPAREL & STUFF Clothing & Uniforms Pool Operations
165351 116 SPS COMPANIES Repair & Maint .Supplies Park Maintenance
165352 4,062 SRF CONSULTING GROUP INC Other Contracted Services Planning
165353 8 ,001 ST CROIX ENVIRONMENTAL INC Other Contracted Services Water Treatment Plant
165354 13 STAR TRIBUNE Dues & Subscriptions Prairie View Liquor Store
165355 153 STERICYCLE INC Other Contracted Services Police
165356 173 STEVENS ENGINEERS Contract Svcs - Ice Rink Ice Arena Maintenance
165357 220 STOVRING, LESLIE Mileage & Parking Storm Drainage
165358 3 ,980 STREICHERS Protective Clothing Police
165359 29 SUBURBAN CHEVROLET Equipment Parts Fleet Services
165360 257 SUN NEWSPAPERS Legal Notices Publishing City Clerk
165361 749 SW METRO Medical Bills Prepaid Health and Benefits
165362 1,955 SWEETWATER MUSIC TECHNOLOGY DI Capital Under $2,000 Summer Theatre
165363 1 ,342 TESSMAN SEED CO Chemicals Park Maintenance
165364 12,162 THORPE DISTRIBUTING Beer Den Road Liquor Store
165365 1 ,858 THYSSENKRUPP ELEVATOR CORPORAT Contract Svcs - Elevator City Hall - CAM
165366 401 TLC CAFE & CATERING Operating Supplies Police
165367 425 TOTAL ENTERTAINMENT Other Contracted Services July 4th Celebration
165368 334 TRUCK UTILITIES MFG CO Equipment Parts Fleet Services
165369 609 TWIN CITIES MACK & VOLVO TRUCK Equipment Parts Fleet Services
165370 395 UNIFORMS UNLIMITED Clothing & Uniforms Police
165371 130 UNIVERSITY OF MINNESOTA Conference Expense City Clerk
165372 32 UNLIMITED SUPPLIES INC Equipment Parts Fleet Services
165373 8 VERIZON WIRELESS Pager & Cell Phone Fleet Services
165374 394 VERSATILE VEHICLES INC Other Rentals July 4th Celebration
165375 128 VIK,LISA Office Supplies Police
165376 371 VINO SOURCE, THE Wine Imported Den Road Liquor Store
165377 1,124 VINOCOPIA Liquor Prairie View Liquor Store
165378 470 VINTAGE ONE WINES INC Wine Domestic Prairie Village Liquor Store
165379 569 VR BUILDERS Other Contracted Services Rehab
165380 5 ,645 WALL TRENDS INC Contract Svcs - Gen. Bldg City Center Operations
165381 1 ,145 WALSER CHRYSLER JEEP Equipment Parts Fleet Services
165382 2,000 WASHBURN, KATHY Deposits Escrow
165383 71 WEIGEL, CHRISTY Travel Expense Police
165384 200 WERTS, SANDY Petty Cash & Change Funds General Fund
165385 4 ,372 WHEELER HARDWARE COMPANY Contract Svcs - General Bldg Fire Station #2
165386 350 WINE COMPANY, THE Wine Domestic Den Road Liquor Store
165387 2,036 WINE MERCHANTS INC Wine Imported Prairie View Liquor Store
165388 1 ,626 WORK CONNECTION, THE Other Contracted Services Park Maintenance
165389 682 ZOELLNER, MARK Other Contracted Services Softball
165390 142 COMMISSIONER OF TRANSPORTATION Improvement Contracts Improvement Projects 2006
165391 300 HENNEPIN COUNTY TREASURER Conference Expense Engineering
165392 625 MERRY BOBB MUSIC INC Other Contracted Services July 4th Celebration
165393 169 NCPERS GROUP LIFE INSURANCE Life Insurance EE/ER General Fund
165394 806 PETTY CASH Mileage & Parking Water Distribution
165395 554 REBS MARKETING Other Contracted Services Water Accounting
165396 7,000 TEMPORARY HEROES INC Other Contracted Services July 4th Celebration
165397 124 ANDERSON, LYDIA Other Contracted Services Teen Work Program
165398 55 BARTNIK, AARON B Other Contracted Services Teen Work Program
165399 44 BERKBIGLER, SARA Other Contracted Services Teen Work Program
165400 100 CALL, JARRED Other Contracted Services Teen Work Program
165401 54 CHEN, MICHAEL Other Contracted Services Teen Work Program
165402 47 CRAMPTON, KELLY A Other Contracted Services Teen Work Program
165403 130 HANSON, ALISA Other Contracted Services Teen Work Program
165404 35 HEGENBARTH, KRAMER Other Contracted Services Teen Work Program
Check #Amount Vendor /Explanation Account Description Business Unit
165405 111 JASKULKE, TAYLOR A Other Contracted Services Teen Work Program
165406 45 KANG, DAVID Other Contracted Services Teen Work Program
165407 66 KHAN, BASIM Z Other Contracted Services Teen Work Program
165408 66 KRULL, JESSE Other Contracted Services Teen Work Program
165409 56 LANGEFELS,KELSEY Other Contracted Services Teen Work Program
165410 112 LELYUKH, DENIS Other Contracted Services Teen Work Program
165411 29 MCELVEEN, ALLISON Other Contracted Services Teen Work Program
165412 120 NORTON, CHELSEA Other Contracted Services Teen Work Program
165413 64 REYNOLDS, MACKENZIE Other Contracted Services Teen Work Program
165414 36 SCHAEPE, ELIZABETH Other Contracted Services Teen Work Program
165415 195 SHAH,RAOUL Other Contracted Services Teen Work Program
165416 75 SHAW, CARLEY Other Contracted Services Teen Work Program
165417 27 SHAWD, ANDREW Other Contracted Services Teen Work Program
165418 152 SKOBOV, MIKHAIL Other Contracted Services Teen Work Program
165419 135 SYED, ZOHAIB Other Contracted Services Teen Work Program
165420 135 WARD, ANDREA L Other Contracted Services Teen Work Program
165421 175 2007 FBI NAA CONFERENCE Tuition Reimbursement/School Police
165422 575 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center
165423 9 A TO Z RENTAL CENTER Repair & Maint .Supplies Fire
165424 763 A-SCAPE INC Contract Svcs - Lawn Maint.Den Bldg. - CAM
165425 100 ABLE HOSE & RUBBER INC Repair & Maint .Supplies Water Treatment Plant
165426 409 AERO DRAPERY AND BLIND Contract Svcs - Gen. Bldg City Center Operations
165427 870 AIR LIQUIDE INDUSTRIAL U.S. LP Treatment Chemicals Water Treatment Plant
165428 70 AMERICAN RED CROSS Recreation Supplies Oak Point Lessons
165429 319 AMERICAN WATER WORKS ASSOCIATI Training Supplies Utility Operations - General
165430 167 AMERIPRIDE LINEN & APPAREL SER Repair & Maint .Supplies Prairie Village Liquor Store
165431 622 ANCHOR PRINTING COMPANY Printing Fire
165432 499 APPLIANCE OUTLET CENTER Capital Under $2,000 Fire Station #4
165433 87 AQUA ENGINEERING INC Grounds Maintenance Water Treatment Plant
165434 64 ARVOLD, KATIE Mileage & Parking Playgrounds
165435 3,325 AVI SYSTEMS INC Other Contracted Services Communication Services
165436 243 AZTEC BP Equipment Repair & Maint Police
165437 116 BATTLE LAKE SENIOR CARD PROJEC Operating Supplies Senior Board
165438 6 ,016 BELLBOY CORPORATION Operating Supplies Prairie Village Liquor Store
165439 900 BOLD, PAULINE Instructor Service Outdoor Center
165440 6 ,369 BRENT ANDERSON CONSULTING Repair & Maint .Supplies Water Metering
165441 90 BRW ENTERPRISES Wine Domestic Den Road Liquor Store
165442 575 CAMPOS, LORI Instructor Service Outdoor Center
165443 281 CAT & FIDDLE BEVERAGE Wine Imported Prairie View Liquor Store
165444 1,954 CEMSTONE PRODUCTS COMPANY Repair & Maint. Supplies Storm Drainage
165445 3,702 CENTURYTEL Telephone Telephone
165446 1,664 CLAREYS INC Safety Supplies Utility Operations - General
165447 100 CLARK, KARL Program Fee Playgrounds
165448 79 CLAUS, ROBERT Program Fee Tennis
165449 50 COMCAST Dues &Subscriptions City Council
165450 231 COMMUNITY HEALTH CHARITIES United Way Withheld General Fund
165451 960 CONTECH CONSTRUCTION PRODUCTS Repair & Maint. Supplies Storm Drainage
165452 80 CONTROL STUFF INC.Process Control Equipment Water Treatment Plant
165453 1,556 CORPORATE EXPRESS Office Supplies General
165454 125 CRIPE, JACQUELYN V Other Contracted Services Volleyball
165455 61 CULLIGAN BOTTLED WATER Operating Supplies Fire
165456 193 CUMMINGS, KIM Operating Supplies Fire
165457 23,285 CUTLER-MAGNER COMPANY Treatment Chemicals Water Treatment Plant
165458 8 ,240 DAY DISTRIBUTING Beer Den Road Liquor Store
165460 686 DECORATIVE DESIGNS INC Supplies - Int. Landscaping City Hall - CAM
165461 1 ,134 DELL Other Hardware Information Technology
165462 118 DEMANN, JIM Tuition Reimbursement/School Police
165463 98 DISPLAY SALES Contract Svcs - Gen. Bldg City Center Operations
165464 2,530 EAGLE WINE COMPANY Wine Imported Prairie View Liquor Store
165465 1,042 EARL F ANDERSEN INC Signs Traffic Signs
165466 205 ECOLAB INC Operating Supplies Fire Station #4
165467 274 EF JOHNSON Equipment Repair & Maint Wireless Communication
165468 550 EHLERS & ASSOCIATES INC Deposits Escrow
165469 42,381 ELK RIVER Autos Park & Recreation
165470 298 EMERGENCY PHYSICIANS PROFESSIO Other Contracted Services Workers Comp Insurance
Check #Amount Vendor /Explanation Account Description Business Unit
165471 395 EMPLOYERS ASSOCIATION INC Tuition Reimbursement/School Water Treatment Plant
165472 20,710 ENGINEERING & CONSTRUCTION INN Improvement Contracts Utility Improvement Fund
165473 677 EVENT SOUND & LIGHTING Other Rentals Summer Theatre
165474 346 EXTREME BEVERAGE Misc Taxable Prairie View Liquor Store
165475 340 FAGNANT, SUSAN Instructor Service Outdoor Center
165476 484 FALCK, TIMOTHY R Other Contracted Services Softball
165477 383 FSH COMMUNICATIONS LLC Telephone Miller Park
165478 211 G & K SERVICES Clothing & Uniforms Street Maintenance
165479 677 G & K SERVICES-MPLS INDUSTRIAL Janitor Service Utility Operations -General
165480 120 GARDEN ROOM FRATELLI'S GARDEN Training Supplies Utility Operations -General
165481 457 GE CAPITAL Other Rentals General
165482 3,653 GENERAL REPAIR SERVICE Equipment Parts Water Treatment Plant
165483 199 GINA MARIAS INC Operating Supplies Fire
165484 371 GIRLS ON THE RUN Operating Supplies Girls on the Run
165485 10 ,725 GOODPOINTE TECHNOLOGY CORPORAT Design & Engineering CIP Pavement Management
165486 1 ,933 GOPHER STATE ONE-CALL INC Other Contracted Services Water System Maintenance
165487 1,490 GRAINGER Cleaning Supplies Water Treatment Plant
165488 720 GRAPE BEGINNINGS Wine Domestic Prairie View Liquor Store
165489 1 ,046 GRAYBAR Operating Supplies Wireless Communication
165490 1 ,785 GREENSIDE INC Other Contracted Services Water System Maintenance
165491 13,903 GREGERSON ROSOW JOHNSON & NILA Legal Legal Council
165492 15,418 GRIGGS COOPER & CO Liquor Prairie View Liquor Store
165493 396 HAGEN, SIDNEY E Other Contracted Services Softball
165494 6 ,077 HANSEN THORP PELLINEN OLSON Improvements to Land Community Center Referendum
165495 1,450 HARLEY CONSULTING & COACHING Other Contracted Services Organizational Services
165496 22,812 HARTLAND FUEL PRODUCTS LLC Motor Fuels Fleet Services
165497 8,288 HAWKINS INC Treatment Chemicals Water Treatment Plant
165498 295 HENRY, PAUL Other Contracted Services Volleyball
165499 1 ,147 HOHENSTEINS INC Beer Prairie View Liquor Store
165500 264 HOLMES, TOM Other Contracted Services Softball
165501 140 HYDROLOGIC Repair & Maint .Supplies Park Maintenance
165502 819 ICI DULUX PAINT CTRS Repair & Maint .Supplies Water System Maintenance
165503 1 ,925 IND SCHOOL DIST 272 Gym Rental Volleyball
165504 663 INFRATECH Repair & Maint .Supplies Sewer System Maintenance
165505 2,158 INTERSTATE POWER SYSTEMS INC Equipment Repair & Maint Water Treatment Plant
165506 397 J H LARSON COMPANY Equipment Repair & Maint Park Maintenance
165507 200 J-CRAFT DIV OF CRYSTEEL MFG IN Equipment Parts Fleet Services
165508 17 ,102 JJ TAYLOR DIST OF MN Beer Den Road Liquor Store
165510 30 ,559 JOHNSON BROTHERS LIQUOR CO Wine Domestic Prairie View Liquor Store
165511 269 KAPAUN, RYAN Tuition Reimbursement/School Police
165512 38 KEEPERS Clothing & Uniforms Police
165513 90 KULBERG, MELISSA Tuition Reimbursement/School Park Maintenance
165514 1,722 LARRY HAWES CONSTRUCTION Other Contracted Services Rehab
165515 94 LDV Equipment Repair & Maint Wireless Communication
165516 117,599 LEAGUE MN CITIES INS TRUST Workers Comp Insurance Workers Comp Insurance
165517 100 LIBBY, KRISTA & STEVE Refunds Environmental Education
165518 480 LOGIS Deposits Escrow
165519 251 LORENZ, JOYCE Dues & Subscriptions Communication Services
165520 60 LYNN PEAVEY COMPANY Fire Prevention Supplies Fire
165521 111 M&I SUPPLY CO Operating Supplies Park Maintenance
165522 485 M .AMUNDSON LLP Misc Taxable Prairie Village Liquor Store
165523 3,957 MADISON NATIONAL LIFE Medical Bills Prepaid Health and Benefits
165524 13,650 MARK VII Beer Prairie View Liquor Store
165525 48 MASSEY, GAYLE Lessons &Classes Oak Point Lessons
165526 680 MEDICINE LAKE TOURS Special Event Fees Trips
165527 374 MENARDS Small Tools Water System Maintenance
165528 1 ,521 METRO SALES INCORPORATED*Other Rentals General
165529 344 METROPOLITAN FORD Equipment Repair & Maint Fleet Services
165530 2,881 MIDWEST ASPHALT CORPORATION Repair & Maint .Supplies Storm Drainage
165531 895 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store
165532 12,088 MIDWEST DESIGN CO Other Contracted Services Communication Services
165533 800 MILLS, JEFFREY L Other Contracted Services Water Treatment Plant
165534 1,068 MINNESOTA ATHLETIC APPAREL Clothing & Uniforms Fire
165535 1,070 MINNESOTA CONWAY Safety Supplies Utility Operations -General
165536 450 MINNESOTA DEPT OF REVENUE Conference Expense Assessing
Check #Amount Vendor /Explanation Account Description Business Unit
165537 2,338 MINNESOTA HIGHWAY SAFETY & RES Tuition Reimbursement/School Police
165538 1 ,230 MINNESOTA NATIVE LANDSCAPES Other Contracted Services Storm Drainage
165539 2,696 MINNESOTA PIPE AND EQUIPMENT*Repair & Maint .Supplies Water System Maintenance
165540 59 MINNESOTA TROPHIES & GIFTS Operating Supplies Police
165541 2,163 MINNESOTA VALLEY ELECTRIC COOP Electric Riley Lake
165542 105 MINNESOTA WANNER COMPANY Supplies - Plumbing Fire Station #4
165543 35 MTI DISTRIBUTING INC Equipment Parts Fleet Services
165544 480 MULCAHY INC Equipment Parts Water Treatment Plant
165545 742 NEW FRANCE WINE COMPANY Wine Domestic Prairie View Liquor Store
165546 271 NORCOSTCO Clothing & Uniforms Summer Theatre
165547 1,573 NORTHERN SAFETY TECHNOLOGY INC Equipment Parts Fleet Services
165548 2,391 NORTHLAND BUSINESS SYSTEMS Software Maintenance Information Technology
165549 4,951 NORTHSTAR MUDJACKING SPECIALIS Mudjacking Curbs Drainage
165550 50 O'REILLY AUTO PARTS Equipment Parts Fleet Services
165551 479 OFFICE DEPOT CREDIT PLAN Operating Supplies Police
165552 230 OHIO DEPT. OF PUBLIC SAFETY Equipment Testing/Cert.Fire
165553 22 OLSEN COMPANIES Operating Supplies Street Maintenance
165554 50 OLSON, ROBERT Tuition Reimbursement/School Police
165555 620 OLYMPIC HILLS GOLF CLUB Miscellaneous Reserves
165556 61 OSI BATTERIES INC Operating Supplies Traffic Signs
165557 75,000 OUTLAND BUILDERS Other Contracted Services Rehab
165558 92 PANTZKE, JOSHUA Mileage & Parking Water Treatment Plant
165559 694 PARK NICOLLET CLINIC Safety Supplies Fire
165560 3 ,759 PAUSTIS & SONS COMPANY Wine Imported Prairie View Liquor Store
165561 75 PC MALL Computers Water Distribution
165562 77 PEARSON, ELLEN Program Fee Wet and Wild
165563 484 PFEIFER, JASON Other Contracted Services Softball
165564 20,509 PHILLIPS WINE AND SPIRITS INC Wine Imported Den Road Liquor Store
165565 4,550 PLEHAL BLACKTOPPING INC Other Contracted Services Water System Maintenance
165566 280 PLUTT, KATELYN Deposits Escrow
165567 169 POMP'S TIRE SERVICE INC Tires Fleet Services
165568 3 ,673 PRAIRIE ELECTRIC COMPANY Equipment Repair & Maint Water Treatment Plant
165569 66 PRAIRIE LAWN AND GARDEN Operating Supplies Park Maintenance
165570 798 PRIOR WINE COMPANY Wine Imported Prairie Village Liquor Store
165571 406 PROP United Way Withheld General Fund
165572 98 QUALITY PROPANE Motor Fuels Ice Arena Maintenance
165573 13,433 QUALITY WINE & SPIRITS CO Liquor Den Road Liquor Store
165574 2,979 QWEST Telephone Sewer Liftstation
165575 230 RAMANIS, LAURA Program Fee Summer Skill Development
165576 400 RAY, LEE Other Contracted Services Softball
165577 460 REBS MARKETING Other Contracted Services Water Accounting
165578 4,171 RICHFIELD, CITY OF Autos Water Distribution
165579 247 RIGID HITCH INCORPORATED Repair & Maint. Supplies Fire
165580 216 RJM Beer Den Road Liquor Store
165581 196 ROHDE, ANDREW Tuition Reimbursement/School Police
165582 57 SACKETT, MATTHEW Operating Supplies Police
165583 40 SCHMITZ, THOMAS Tuition Reimbursement/School Fire
165584 1 ,133 SHAMROCK GROUP, INC - ACE ICE Misc Non-Taxable Den Road Liquor Store
165585 674 SHERWIN WILLIAMS Equipment Repair & Maint Traffic Signals
165586 59 ,843 SHORT ELLIOTT HENDRICKSON INC Design & Engineering Construction Fund
165587 662 SOFTWARE HOUSE INTERNATIONAL 1 Software Information Technology
165588 263 SPECIALTY WINES AND BEVERAGES Wine Imported Prairie Village Liquor Store
165589 10 ,043 SRF CONSULTING GROUP INC Design & Engineering Improvement Projects 2006
165590 10 ,619 ST CROIX ENVIRONMENTAL INC Other Contracted Services Water Treatment Plant
165591 154 STEMPF AUTOMOTIVE INDUSTRIES 1 Equipment Parts Fleet Services
165592 60 STITELER, SHARON Instructor Service Outdoor Center
165593 791 STREICHERS Clothing & Uniforms Police
165594 43 STUEBER, HARLAND Memberships Community Center Admin
165595 340 SUBURBAN CHEVROLET Equipment Parts Fleet Services
165596 100 SUMMER, CHARLES OR SANDRA Refunds Environmental Education
165597 93 SUN NEWSPAPERS Legal Notices Publishing City Clerk
165598 2,499 SUSTEEN INC Miscellaneous Information Technology
165599 2,436 TECHNICAL REPRODUCTIONS INC Operating Supplies Engineering
165600 28,096 THORPE DISTRIBUTING Beer Den Road Liquor Store
165601 1 ,820 THYSSENKRUPP ELEVATOR CORPORAT Contract Svcs - Elevator City Hall - CAM
Check #Amount Vendor / Explanation Account Description Business Unit
165602 38 TWIN CITY OXYGEN CO Repair & Maint. Supplies Sewer System Maintenance
165603 302 UNITED WAY United Way Withheld General Fund
165604 19 VANAKI, HASSEIN Program Fee Playgrounds
165605 60 VERIZON WIRELESS Wireless Subscription Information Technology
165606 1,288 VINOCOPIA Wine Domestic Prairie View Liquor Store
165607 19,995 VIRCHOW KRAUSE & COMPANY Software Maintenance Information Technology
165608 594 VOIGHT, JEFF Other Contracted Services Softball
165609 528 VTI Operating Supplies Wireless Communication
165610 138 WALSER CHRYSLER JEEP Equipment Parts Fleet Services
165611 2,136 WALTERS SWIM SUPPLIES INC.Safety Supplies Round Lake Beach
165612 100 WEHRS, ROBERTA Refunds Environmental Education
165613 4,000 WELLS FARGO BANK MINNESOTA NA Paying Agent 2007A Facility Lease-3rd Rink
165614 2,086 WINE COMPANY, THE Wine Imported Den Road Liquor Store
165615 3,131 WINE MERCHANTS INC Wine Domestic Prairie View Liquor Store
165616 40 WOIAK, DIANE Events/Admission Fee Around Town
165617 1,889 WORK CONNECTION, THE Other Contracted Services Park Maintenance
165618 3,045 WORLD CLASS WINES INC Wine Domestic Prairie View Liquor Store
165619 185 WUOLLET BAKERY INC Operating Supplies Fire
165620 86,022 XCEL ENERGY Electric Water Treatment Plant
165621 2,782 YALE MECHANICAL INC Contract Svcs - HVAC Community Center Maintenance
165622 2,768 YOCUM OIL COMPANY INC Operating Supplies Water Treatment Plant
165623 350 ZAHN,GERALD Other Contracted Services Volleyball
165624 37 ZEE MEDICAL SERVICE Office Supplies General
165625 241 ZEP MANUFACTURING CO Lubricants & Additives Fleet Services
165626 2,848 ZIEGLER INC Contract Svcs - Electrical City Hall - CAM
165627 238 DE LAGE LANDEN FINANCIAL SERVI Other Rentals General
165628 20,294 ELK RIVER Autos Public Works
165629 5,375 HENNEPIN COUNTY TREASURER Board of Prisoner Police
165630 100 SCHEWE, LIZ Refunds Environmental Education
4,430 ,719 Grand Total
CITY COUNCIL AGENDA DATE:
SECTION: Appointments July 17, 2007
DEPARTMENT/DIVISION:ITEM DESCRIPTION:ITEM NO.: XIII.A.
Michael Barone, Assistant to Student on Commissions
the City Manager Appointments for the 2007 - 2008
school year
Requested Action:
•Move to:
Appoint Frank Bi and Jessie Shook to the Fall class; Nicole Garbowicz and Katy Johnson
to the Winter/Spring class; and Amber Meyer to both Fall & Winter/Spring classes for the
Arts and Culture Commission during the 2007 - 2008 calendar year for the Students on
Commission program.
•Move to:
Appoint Marie Loeffelholz to the Fall class ;Vallari Ajgaonkar to the Winter/Spring class,
and Ann Wachutka and James Maslyn to both the Fall & Winter/Spring classes for the
Conservation Commission during the 2007 - 2008 calendar year for the Students on
Commission program.
•Move to:
Appoint Megan Clark to the Fall class; Claire Lukens and Mark Muston to the
Winter/Spring class; and Alexandra Shea to both the Fall & Winter/Spring classes for the
Heritage Preservation Commission during the 2007 - 2008 calendar year for the
Students on Commission program.
•Move to:
Appoint Jacqueline Clevette to the Fall class ;Laura Hoffman to the Winter/Spring class;
and Nelum Madanayake and Kevin Karner to both the Fall & Winter/Spring classes for
the Human Rights and Diversity Commission during the 2007 - 2008 calendar year for
the Students on Commission program.
•Move to:
Appoint John Ostendorf to the Fall class ;Laurel Pederson to the Winter/Spring class; and
Steven Shonts and Margaret Krause to both the Fall & Winter/Spring classes for the
Parks, Recreation ,and Natural Resources Commission during the 2007 - 2008
calendar year for the Students on Commission program.
Synopsis:
The Students on Commission (SOC) program format was modified last year (2006-2007), and
the same format has been kept for this program year, as well. The modification was
implemented in order to provide more opportunities for students to participate.
The program was changed from (1) eight-month term [October through May] to (2) four-month
terms [September through December for the Fall term; January through April for the
Winter/Spring term]. Also, with the creation of the Conservation Commission in 2006, more
potential openings were created for the SOC program.
During the most recent three years, under the old format of year long appointments, a combined
36 of 73 students were placed to serve on all Commissions, only a 49% placement rate. Those
program years are 2003-04, 2004-05, and 2005-06.
Last year under the new format, the placement rate went up to 80% (24 student appointed out of
30 applications), and this year we are at 100% placement (21 students to be appointed out of 21
applications).Having shorter terms and allowing students the choice of applying for either term
(or both terms) has provided more total opportunities for student involvement in City
government.
Old Students on Commission format
Pro g ram year App licants App ointed Placed Commissions
2003-2004 24 12 50.0%4
2004-2005 33 12 36.4%4
2005-2006 16 12 75.0%4
3 r info 73 36 49.3%
New Students on Commission Format
Pro ram year App licants App ointed Placed Commissions
2006-2007 30 24 80.0%5
2007-2008 21 21 100.0%5
2 r info 51 45 88.2%
The recruitment period for the 2007 -2008 Students on Commission program began on May 1
and ended on June 1. Due to a small number of applicants received (13 total ),the deadline was
then extended to July 10 .A final total of 21 applications were received.
The Assistant to the City Manager held a meeting with the staff liaisons to City Commissions to
review and discuss the applications on July 11. Appointment recommendations are being made
based on the students' stated preferences and the quality of their application, with all 21 student
applicants are being recommended for appointment. An orientation session will be held for all
student representatives on Wednesday, August 29, and the orientation will include general
information on City government, the City Council, as well as Commission structure and
function.
Background Information:
In 1992, the City Council initiated a program to provide student residents in Eden Prairie with
the opportunity to serve on City Commissions as non-voting members. The program has grown
and changed over time to reflect modifications made to the City's Commissions, the addition of
Commissions eligible for student appointments, and the desire to include more students able to
participate in the program overall.
CITY COUNCIL AGENDA DATE:
July 17, 2007SECTION: Appointments
DEPARTMENT/DIVISION:ITEM DESCRIPTION:ITEM NO.: XIII.B.
City Council Appointment to Conservation Commission
Requested Action
Move to: Appoint Mr. Sean Katof (pronounced Kay - toff)to the Conservation
Commission to an unexpired term that ends on March 31, 2009.
Synopsis
The Conservation Commission is currently at six members due to the recent resignation of Mr.
David Seymour in June. Mr. Seymour resigned his position due to changes in his work.
Mr. Katof was given strong consideration for appointment by the City Council during the annual
Commission staffing process that took place between January - March 2007, but there was only
one opening on this Conservation Commission this past year.When Mr. Katof was sent his
Commission status letter, we informed him that we may be in contact in the event an opening on
the Commission occurs.
We contacted Mr. Katof last week to see if he still would be interested in a position on the
Conservation Commission, and he does have interest in participating.
Mr. Katof has a Bachelors degree in Business Administration/Finance from the University of
Colorado at Boulder and a Masters degree in Finance from the University of Colorado at Denver.
In his application, he stated that he has a passion for environment related issues , and believes his
educational and work background, along with his project management skills, would be an asset
to the Commission. The City Manager and Conservation Commission staff liaison Leslie
Stovring recommend Council approve this appointment.
Attachments
Board and Commission Application (Council Only)
CITY COUNCIL AGENDA DATE:
SECTION: Appointments July 17, 2007
DEPARTMENT /DIVISION :ITEM DESCRIPTION :I.C. 07-5702 ITEM NO.: XIII.C.
Randy Newton Appointments to the Community
Public Works/Engineering Advisory Committee for the Southwest
Transitway
Requested Action
Move to: Approve appointment of ,,
and
as Members to the Community Advisory Committee for the
Southwest Transitway.
Synopsis
The Hennepin County Regional Railroad Authority (HCRRA)is forming a Community
Advisory Committee (CAC) to participate in and provide community feedback during the
Southwest Transitway Draft Environmental Impact Statement (DEIS).The HCRRA is
requesting the City designate six (6 )members to the Community Advisory Committee.
Background
The HCCRA is beginning work on the Southwest Transitway DEIS. The DEIS will build on the
recently completed Alternatives Analysis Study which recommended three light rail transit
(LRT) routes for further study. The DEIS is expected to identify a single route as the Locally
Preferred Alternative and is anticipated to take approximately two years to complete.
The HCCRA is establishing the CAC to help increase the level of community involvement and
participation in the DEIS process. The purpose of the Southwest Transitway CAC is to provide
an open forum for discussion of community issues ,provide a forum for educating the community
on the potential benefits/impacts and potential mitigation measures associated with LRT
implementation, and finally to provide guidance to the Southwest Transitway Policy Advisory
Committee (PAC) as they conduct the DEIS. The Southwest Transitway CAC is expected to
meet bi-monthly on the fourth Wednesday of that month from 6:30 to 8:00 PM at St. Louis Park
City Hall. The first meeting of the CAC is tentatively scheduled for July 25`.
The total membership to the CAC is expected to be 25 with the City of Eden Prairie being
designated six (6) representatives. The number of representatives is based on the proposed
station locations in each City. Although the City has discretion in selecting its representatives
the HCRRA has indicated that they would like to have representation for each station area.
In selecting appointments to the CAC staff provides the following general suggestions for
representation:
•City West Parkway or United Health Group Business Representative
•Golden Triangle Area Business Representative (or employee)
•Major Center Area Resident
•Southwest Metro Commuter
•Technology Drive (Eaton) Business Representative or at-large resident
•Resident from neighborhood adjacent to HCRRA Corridor
•At-large Resident / Eden Prairie Planning Board Member
The following are the people staff recommends to serve on the CAC:
•Denny Spalla (United Health Group)
•Rick Weiblen (Liberty Property Trust)
•Stephanie Peterson (Eaton Hydraulics)
•John Brill (Parks, Recreation and Natural Resources Commission Chair / Resident
7384 Moonlight Lane)
•Vicki Koenig or Frank Powell (Planning Commission Members)
•Council Member Kathy Nelson or Jill Noack (Resident - 7004 Howard Lane)
The attached letter from Hennepin County and its attachments provide additional information on
the CAC.
Attachments
•Letter from Hennepin County
GAIL A. DORFMAN
COMMISSIONER
PHONE 612-348-7883
FAX 612-348-8701
TDD 612-348-7708
BOARD OF HENNEPIN COUNTY COMMISSIONERS
A-2400 GOVERNMENT CENTER
MINNEAPOLIS ,MINNESOTA 55487- 0240
June 22, 2007
Mayor Phil Young
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55244
RE:Formation of the Southwest Transitway Community Advisory Committee
Dear Mayor Young:
As we continue to study and plan for light rail transit along the Southwest Corridor, we'd
like to increase the level of community involvement and participation. To do this, a
Southwest Transitway Community Advisory Committee (CAC) is being established. The
purpose of the Southwest Transitway CAC is to provide an open forum for discussion of
community issues, provide a vehicle for educating the community on the potential
benefits/impacts and potential mitigation measures associated with LRT implementation,
and to provide guidance to the Southwest Transitway Policy Advisory Committee (PAC).
The Hennepin County Regional Railroad Authority (HCRRA) in partnership with the cities
of Eden Prairie, Edina, Minnetonka, Hopkins, St. Louis Park, and Minneapolis, recently
completed an Alternatives Analysis (AA) for the proposed Southwest Transitway. The
AA resulted in a recommendation to conduct a Draft Environmental Impact Statement
(DEIS) to study three light rail transit (LRT) routes in order to narrow them to one route,
which would be identified as the Locally Preferred Alternative (LPA) for pursuit of federal
funding.
To form the Southwest Transitway CAC, I am asking that you appoint 6 representatives
to serve. The Southwest Transitway CAC is expected to meet bi-monthly throughout the
DEIS process, which is estimated to be conducted over the next two years. Please see
the attached Southwest Transitway CAC Charter and Membership for more details.
The first Southwest Transitway CAC meeting is tentatively scheduled for Wednesday,
July 25t ''from 6:30 to 8 :00 PM at the St. Louis Park City Hall .Please forward
the contact information for your Southwest Transitway CAC members to.Katie Walker at
Katie.walker@co.hennepin.mn.us or 612.348-2190.
E-Mail :gail.dorfman @ co.hennepin .mn.us Web Page: www.co .hennepin.mn.us
Thank you in advance for helping to assemble this important committee. I look forward
to continuing to work with you and your community as we develop the Southwest LRT
line,which will be a significant asset to our community and the region.
Sincerely,
W
Commissioner Gail Dorfman
Chair, Southwest Transitway Policy Advisory Committee (PAC)
CC:Southwest Transitway Policy Advisory Committee (PAC)
Southwest Transitway Technical Advisory Committee (TAC)
Mr. Scott Neal, City Manager, Eden Prairie
Enclosures:Southwest Transitway CAC Charter
Southwest Transitway CAC Membership
Southwest Transitway CAC Agenda
Southwest Transitway
Community Advisory Committee Charter
Definition
A representative group of stakeholders that meets regularly to discuss issues of
common concern.
Purpose
•To promote and broaden continued community involvement in the
Southwest LRT project.
To provide guidance to the consultant team, the Southwest Technical and
Policy Advisory Committees regarding community issues through the DEIS
and preliminary engineering phases.
Process /Actions
The CAC will be a forum for education, discussion and community outreach.
Deliberations will be consensus-based.
Reporting Relationship
The CAC will report quarterly to the Southwest Policy Advisory Committee (PAC).
CAC information will be shared with the Southwest Technical Advisory Committee
(TAC) and the Project Management Team (PMT) as well.
Membership (25)
1 representative for each proposed station location along the LRT 1 A, LRT 3A, and
LRT 3C routes.
Member Role/Responsibilities
•Attend CAC meetings
•Contribute to the discussion of issues
Listen and respect the viewpoints of others
•Participate in the development of solutions
Accept the outcome of difficult decisions
•Provide periodic updates to their respective neighborhood association or
city council
Meeting Facilitation /Organization
An objective, trained facilitator will be provided to chair the CAC. Staff will be
provided to schedule meetings, take minutes, and organize communications.
Meetings
The Southwest Transitway CAC will meet bi-monthly on the fourth Wednesday of
that month from 6:30 to 8:00 PM at the St. Louis Park City Hall.
Southwest Transitway CAC Membership
Cit y Members Station Location Re p resented
6 LRT 1 routing
Eden Prairie TH 5/Mitchell Road
TH 62
LRT 3 routina
Southwest
Eden Prairie Town Center
Golden Triangle
City West
Minnetonka 3 LRT I routing
Rowland Road
LRT 3 routina
Shady Oak Road
Opus
Hopkins 3 LRT 1 & 3 routing
Shady Oak Road
Downtown Hopkins
Blake Rd.
St. Louis Park 3 LRT 1 & 3 routing
Louisiana
Wooddale
Beltline
Edina 1 LRT 1 & 3 routing
At-large/West Lake/Beltine
Minneapolis LRT A
•CIDNA 1 West Lake
•Kenwood Isles 1 21 sf
•Bryn Mawr 1 Penn
•Basset Creek ROC 1 Van White
•North Loop 1 Royalston
LRT C
•East Isles 1 Hennepin
•Whittier 1 Lyndale
•Stevens Square 1 Franklin
•Downtown 1 Downtown Stations
Council
TOTAL 25