HomeMy WebLinkAboutCity Council - 06/03/2008 AGENDA
JOINT CITY COUNCIL/HERITAGE PRESERVATION COMMISSION WORKSHOP
& OPEN PODIUM
TUESDAY,JUNE 3, 2008 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
CONSULTANT: John Schamber, Marketline Research
Heritage Room II
I. BUSINESS SURVEY RESULTS
II. ECONOMIC DEVELOPMENT POLICIES
Council Chamber
III. OPEN PODIUM
IV. ADJOURNMENT
AGENDA
EDEN PRAIRIE CITY COUNCIL MEETING
TUESDAY, JUNE 3, 2008 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 Jan Curielli
I. ROLL CALL/CALL THE MEETING TO ORDER
II. COLOR GUARD/PLEDGE OF ALLEGIANCE
III. OPEN PODIUM INVITATION
IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
V. PROCLAMATIONS /PRESENTATIONS
A. HEARTSAFE EDEN PRAIRIE PROCLAMATION
VI. MINUTES
A. COUNCIL WORKSHOP HELD TUESDAY, MAY 20, 2008
B. CITY COUNCIL MEETING HELD TUESDAY, MAY 20, 2008
VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS
A. PLANNING COMMISSION
VIII. CONSENT CALENDAR
A. CLERK'S LICENSE LIST
B. KONA GRILL. Second Reading of the Ordinance for Planned Unit Development
District Review with waivers and Zoning District Amendment within the
Commercial Regional Service Districr on 4.44 acres and Resolution for Site Plan
Review on 4.44 acres. Location: West of Flying Cloud Drive, north of Regional
Center Road. (Windsor Plaza) (Ordinance for PUD District Review and Zoning
District Amendment; Resolution for Site Plan Review)
C. AWARD BID FOR NEW SIDEWALK CONSTRUCTION PROJECTS
D. AWARD BID FOR TRAIL OVERLAY PROJECTS
E. APPROVE CONTRACT WITH DEPARTMENT OF NATURAL RESOURCES
CITY COUNCIL AGENDA
June 3, 2008
Page 2
FOR CITY TO ACT AS FISCAL AGENT FOR SHORELAND RESTORATION
GRANT FOR MITCHELL LAKE ASSOCIATION,I.C. 06-5679
F. ADOPT RESOLUTION CALLING FOR PUBLIC HEARING ON APPROVAL
OF AN AMENDED PROJECT PLAN FOR REDEVELOPMENT PROJECT
AREA NO. 5 AND A TAX INCREMENT FINANCING PLAN FOR TAX
INCREMENT FINANCING(QUALIFIED HOUSING)DISTRICT NO. 15
G. APPROVE THREE-YEAR LEASE FOR FIREFIGHTER TURNOUT GEAR
H. RATIFY DECLARATION OF DEFAULT BY LONE OAK CENTER,LLC,
UNDER LONE OAK CENTER DEVELOPMENT AGREEMENT DATED
MARCH 21, 2006
IX. PUBLIC HEARINGS/MEETINGS
A. WALGREENS Request for: Planned Unit Development Concept Amendment on
2.42 acres, Planned Unit Development District Review with waivers and Zoning
District Amendment with in the Commercial Regional Service Zoning District on
1.21 acres, Site Plan Review on 1.21 acres and Preliminary Plat into one lot and
road right-of-way on 1.21 acres. Location: 8240 Flying Cloud Drive. (Resolution
for PUD Concept Review; Ordinance for PUD District Review and Zoning
District Amendment, Resolution for Preliminary Plat)
B. THE ENCLAVE AT OLD SHADY OAK Request for: Planned Unit
Development Concept Review on 28.6 acres, Planned Unit Development District
Review and Zoning District Change from Rural and R1-13.5 to R1-9.5 on 28.6
acres, and Preliminary Plat into 44 lots, 5 outlots and road right-of-way on 28.6
acres. Location: West of Shady Oak Road and South of Highway 62. (Resolution
for PUD Concept Review; Ordinance for PUD District Review and Zoning
District Change, Resolution for Preliminary Plat)
X. PAYMENT OF CLAIMS
XI. ORDINANCES AND RESOLUTIONS
A. FIRST READING OF ORDINANCE AMENDING CITY CODE SECTION
3.30 RELATING TO WATER SERVICE
B. FIRST READING OF ORDINANCE AMENDING CITY CODE SECTIONS 9.70
AND 9.71 RELATING TO NOTICE AND DUE PROCESS PROCEDURES FOR
DISEASED TREES AND HERBACEOUS VEGETATION ABATEMENT AND
AMENDING CITY CODE SECTION 2.32 RELATING TO EMPLOYEES WHO
MAY ISSUE CITATIONS
XII. PETITIONS, REQUESTS AND COMMUNICATIONS
XIII. APPOINTMENTS
XIV. REPORTS
CITY COUNCIL AGENDA
June 3, 2008
Page 3
A. REPORTS OF COUNCILMEMBERS
B. REPORT OF CITY MANAGER
1. Impact of 2008 State Legislative Session
2. Council Workshop Schedule for Rest of 2008
C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR
D. REPORT OF PARKS AND RECREATION DIRECTOR
1. Art Center Update
E. REPORT OF PUBLIC WORKS DIRECTOR
F. REPORT OF POLICE CHIEF
1. Homeland Security Grant
G. REPORT OF FIRE CHIEF
H. REPORT OF CITY ATTORNEY
XV. OTHER BUSINESS
XVI. ADJOURNMENT
L REVISED
ANNOTATED AGENDA
DATE: June 3, 2008
TO: Mayor and City Council
FROM: Scott Neal, City Manager
RE: City Council Meeting for Tuesday, May 30, 2008
TUESDAY, JUNE 3, 2008 7:00 PM, COUNCIL CHAMBER
I. ROLL CALL/CALL THE MEETING TO ORDER
II. COLOR GUARD/PLEDGE OF ALLEGIANCE
(See instructions on dais)
III. OPEN PODIUM INVITATION
Open Podium is an opportunity for Eden Prairie residents to address the City Council on
issues related to Eden Prairie city government before each Council meeting, typically the first
and third Tuesday of each month, from 6:30 to 6:55 p.m. in the Council Chamber.
If you wish to speak at Open Podium,please contact the City Manager's office at 952.949.8412
by noon of the meeting date with your name,phone number and subject matter. If time permits
after scheduled speakers are finished, the Mayor will open the floor to unscheduled speakers.
Open Podium is not recorded or televised. If you have questions about Open Podium, please
contact the City Manager's Office.
IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
MOTION: Move to approve the agenda .
V. PROCLAMATIONS/PRESENTATIONS
A. HEARTSAFE EDEN PRAIRIE PROCLAMATION
MayorYoung will read the proclamation.
VI. MINUTES
MOTION: Move to approve the following City Council
minutes:
A. COUNCIL WORKSHOP HELD TUESDAY, MAY 20, 2008
B. CITY COUNCIL MEETING HELD TUESDAY,MAY 20, 2008
VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS
ANNOTATED AGENDA
June 3,2008
Page 2
A. PLANNING COMMISSION
VIII. CONSENT CALENDAR
MO11ON: Move approval of itemsA-H on the Consent
Calendar.
A. CLERK'S LICENSE LIST
B. KONA GRILL. Second Reading of the Ordinance for Planned Unit Development
District Review with waivers and Zoning District Amendment within the Commercial
Regional Service Districr on 4.44 acres and Resolution for Site Plan Review on 4.44
acres. Location: West of Flying Cloud Drive, north of Regional Center Road. (Windsor
Plaza) (Ordinance for PUD District Review and Zoning District Amendment;
Resolution for Site Plan Review)
C. AWARD BID FOR NEW SIDEWALK CONSTRUCTION PROJECTS
D. AWARD BID FOR TRAIL OVERLAY PROJECTS
E. APPROVE CONTRACT WITH DEPARTMENT OF NATURAL RESOURCES FOR
CITY TO ACT AS FISCAL AGENT FOR SHORELAND RESTORATION GRANT
FOR MITCHELL LAKE ASSOCIATION, I.C. 06-5679
F. ADOPT RESOLUTION CALLING FOR PUBLIC HEARING ON APPROVAL OF
AN AMENDED PROJECT PLAN FOR REDEVELOPMENT PROJECT AREA
NO. 5 AND A TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT
FINANCING (QUALIFIED HOUSING) DISTRICT NO. 15
G. APPROVE THREE-YEAR LEASE FOR FIREFIGHTER TURNOUT GEAR
H. RATIFY DECLARATION OF DEFAULT BY LONE OAK CENTER,LLC,
UNDER LONE OAK CENTER DEVELOPMENT AGREEMENT DATED
MARCH 21, 2006
IX. PUBLIC HEARINGS/MEETINGS
A. WALGREENS Request for: Planned Unit Development Concept Amendment on
2.42 acres, Planned Unit Development District Review with waivers and Zoning
District Amendment with in the Commercial Regional Service Zoning District on
1.21 acres, Site Plan Review on 1.21 acres and Preliminary Plat into one lot and road
right-of-way on 1.21 acres. Location: 8240 Flying Cloud Drive. (Resolution for PUD
Concept Review; Ordinance for PUD District Review and Zoning District
Amendment,Resolution for Preliminary Plat)
Official notice of this public hearing was published in the May 22, 2008,Eden
Prairie News and sent to 22 property owners.
ANNOTATED AGENDA
June 3,2008
Page 3
Synopsis: The plan is for a 14,580 square foot Walgreens drug store. The project
requires setback waivers as a result of providing additional right of way for future
road improvements in the Major Center Area Plan and to accommodate cross access
parking. The 120-Day Review Period Expires on July 28, 2008.
The Planning Commission voted 7-0 to recommend approval of the project at the
May 12, 2008 meeting with direction to revise the parking dimensions in front of
Midas and Checkers to meet city code, relocate the trash enclosure to the southwest
corner of the site, and modify the landscape plan to include a decorative fence with
stone columns and additional shrub plantings. These items have been included in the
revised plans.
MO11ON: Move to:
• Close the Public Hearing ; and
• Adopt the Resolution for Planned Unit Development
Concept Review on 2.42 acres; and
• Approve 1st Reading of the Ordinance for Planned Unit
Development District Review with waivers, and Zoning
District Amendment in the C-Reg Service District on
1 .21acres; and
• Adopt the Resolution for Preliminary Plat on 1 .21 acresinto
1 lot; and
• Direct Staff to prepare a Development Agreement
incorporating Staff and Commission recommendationsand
Council conditions.
B. THE ENCLAVE AT OLD SHADY OAK Request for: Planned Unit Development
Concept Review on 28.6 acres, Planned Unit Development District Review and
Zoning District Change from Rural and R1-13.5 to R1-9.5 on 28.6 acres, and
Preliminary Plat into 44 lots, 5 outlots and road right-of-way on 28.6 acres. Location:
West of Shady Oak Road and South of Highway 62. (Resolution for PUD Concept
Review; Ordinance for PUD District Review and Zoning District Change,
Resolution for Preliminary Plat)
Official notice of this public hearing was published in the May 22, 2008,Eden
Prairie News and sent to 48 property owners.
Synopsis: This project is a 44 single family lot subdivision on land that is guided low
density residential. The project requires waivers for setback and lot frontage.
The plan will require the following waivers:
1. Front yard setback for garages less than 30 feet. A 15 foot minimum front yard
setback for garages only for 37 of the 44 lots.
2. Lot width less than 70 feet for lots 15 and 16, Block 1.
ANNOTATED AGENDA
June 3, 2008
Page 4
3. Lots not fronting on a public street for lots 1-6, Block 4.
The waivers and clustering of lots helps create a plan with low tree loss (16%) and
minimal wetland impact (.02 acre). The 120-Day Review Period Expires on July 28,
2008.
The Planning Commission voted 6-1 to recommend approval of the project at the
May 12, 2008, meeting with direction for the proponent to meet with the neighbors
relating to tree loss and the wetland buffer.
MO11ON: Move to:
• Close the Public Hearing ; and
• Adopt the Resolution for Planned Unit Development
Concept Review on 28.6 acres; and
• Approve 1st Reading of the Ordinance for Planned Unit
Development District Review with waivers, and Zoning
District Change from Rural and R1-13.5 to R1-9.5on
28.6acres; and
• Adopt the Resolution for Preliminary Plat on 28.6 acres into
44 lots; and
• Direct Staff to prepare a Development Agreement
incorporating Staff and Commission recommendations
and Council conditions.
• Approve and Authorize Issuance of a Grading Permit
subject to release by the City Engineer upon
determination that the final contract documentsconform
to plans stamp dated May 19, 2008, asapproved by the
City Council.
X. PAYMENT OF CLAIMS
MO11ON: Move approval of the Payment of Claimsassubmitted
(Roll Call Vote).
XI. ORDINANCES AND RESOLUTIONS
A. FIRST READING OF ORDINANCE AMENDING CITY CODE SECTION
3.30 RELATING TO WATER SERVICE
Synopsis: City Code Section 3.30 was amended to correct an error in the language of
Subdivision 12 Section B. The section should be revised to state "property"rather than
"resident." This revision clarifies the language within Subdivision 12 relating to Water
Use Restrictions. Currently Section B states: "Alternating days means that residents
ANNOTATED AGENDA
June 3, 2008
Page 5
with an address ending in an odd number may irrigate only on odd-numbered days of
the month and residents with an address ending in an even number may irrigate only on
even-numbered days of the month." The word "residents" should be changed to
"properties"to clarify that this section applies to all properties within the City.
MO11ON: Move to: Approve First Reading of an Ordinance
Amending City Code Section 3.30 Relating to Rulesand
Regulations Relating to Water Service.
B. FIRST READING OF ORDINANCE AMENDING CITY CODE SECTIONS 9.70
AND 9.71 RELATING TO NOTICE AND DUE PROCESS PROCEDURES FOR
DISEASED TREES AND HERBACEOUS VEGETATION ABATEMENT AND
AMENDING CITY CODE SECTION 2.32 RELATING TO EMPLOYEES WHO
MAY ISSUE CITATIONS
Synopsis: City Code Section 9.70 deals with the removal of diseased trees. City
Code Section 9.71 deals with the abatement of tall grass and weeds among other
things. When a diseased tree or vegetation that is in need of maintenance is brought
to the City's attention a notice is sent to the property owner ordering compliance with
the City Code. Both Sections have been amended to provide for an opportunity for
the property owner to appeal the notice to the City Council. This due process is
necessary if the City needs to enter the property to remove a diseased tree or abate the
vegetation violation. Section 2.32 authorizes various city employees to issue citations
for violation of the City Code. This Section is amended to add the Assistant Weed
Inspector and the Forestry Technician as employees who may issue citations.
MO11ON: Move to: Approve first reading of an ordinance
amending City Code Sections9.70 and 9.71 relating to
notice and due processproceduresfordiseased treesand
herbaceousvegetation abatement; amending City Code
Section 2.32 relating to employeeswho may issue citations;
and adopting by reference City Code Chapter 1 and
Sections2.99 and 9.99 which among otherthingscontain
penalty provisions.
XII. PETITIONS, REQUESTS AND COMMUNICATIONS
XIII. APPOINTMENTS
XIV. REPORTS
A. REPORTS OF COUNCIL MEMBERS
B. REPORT OF CITY MANAGER
1. Impact of 2008 State Legislative Session
ANNOTATED AGENDA
June 3,2008
Page 6
2. Council Workshop Schedule for Rest of 2008
C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR
D. REPORT OF PARKS AND RECREATION DIRECTOR
1. Art Center Update
No action isrequested . lhisisan informational item.
Synopsis: At the April 15, 2008 City Council Meeting, the City Council
adopted a resolution accepting the donation of the Sampson building and
property for use as an art center. Council Member Duckstad requested that
staff report art center progress to the City Council at a future meeting. Parks
and Recreation Director Jay Lotthammer will overview the recent progress
and describe future work items.
E. REPORT OF PUBLIC WORKS DIRECTOR
F. REPORT OF POLICE CHIEF
1. Homeland Security Grant
Synopsis: The City of Eden Prairie has been awarded a 2007 Homeland
Security Grant for the amount of$100,750. The grant will be used to fund a
part-time contracted employee with MN Joint Analysis Center(MNJAC).
MO11ON: Move to: Accept the 2007 Homeland
Security Grant for the amount of $100,750.00
G. REPORT OF FIRE CHIEF
H. REPORT OF CITY ATTORNEY
XV. OTHER BUSINESS
XVI. ADJOURNMENT
MO11ON: Move to adjourn the City Council meeting .
ITEM NO.: VI.A.
UNAPPROVED MINUTES
JOINT CITY COUNCIL/HERITAGE PRESERVATION COMMISSION WORKSHOP
& OPEN PODIUM
TUESDAY, MAY 20, 2008 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
City Attorney Ric Rosow
HERITAGE PRESERVATION COMMISSION: Betsy Adams, Chair; Ann Higgins, Vice Chair;
Nina Mackay, Mark McPherson, Ed Meuhlberg, Kathy Veurink Richard Akerlund; John Gertz, Staff
Liaison
Heritage Room II
I. JOHN R. CUMMINS HOUSE REUSE STUDY
John Gertz,planner, and Robert Vogel, consultant, gave an overview of the Adaptive
Reuse Study of the John R. Cummins House. Gertz reviewed National Register of
Historic Places, Local Heritage Preservation Site, and LAWCON boundaries for the site.
Gertz said that in 2007 the City was able to complete a LAWCON conversion that
resulted in freeing up the site for more reuse options. Two upcoming changes will affect
the property—the widening of CSAH 1 and the resulting relocation of ball field parking.
Vogel said the reuse study was unusual in that it was carried out largely by City staff in
conjunction with the consultant. He said the Heritage Preservation Commission acted as
a public forum for input on the study. He said approximately 150 ideas were submitted
as possible uses for the site.
Vogel said the reuse study was guided by two main principles; first, the historic integrity
of the site and building must be maintained and, second, the reuse must economically
feasible. Vogel said the study found that the site is an excellent candidate for reuse. He
said from a preservation standpoint, the preferred option is residential, but that a
combination of two or more uses is possible. Good options include use of the site as as
residence or as a community space, use as a horticultural facility, or conversion to a
residential-scale hospice. Vogel said residential-scale hospices are more common in
Europe, but there is a growing need for this type of facility in the United States. Use as a
hospice would require an addition to the building,but Vogel said people he spoke to in
the industry believe it would be feasible. Vogel said he recommends that the City
proceed to market the top scenarios and choose whichever proposal suits the City best.
City Council Workshop Minutes
May 20, 2008
Page 2
Council Member Nelson asked if the City has considered using the building as a tourist
location with a horticultural focus or as a museum. Gertz said use of the building as a
museum had been considered in the past, but that the reuse study evaluated other
alternatives. He said the grounds could be used as a horticultural operation in addition to
using the house for another purpose.
Council Member Aho asked if Vogel knows of examples of similar hospices that have
proven viable. Vogel said there are a half-dozen residential hospices in Minnesota.
Council Member Butcher asked if historic preservation funds would still be available if
the building is converted to a hospice. Vogel said such a use should not result in a
change in local or national designations as a historic site.
Council Chamber
II. OPEN PODIUM
A. STEVE WAGNER—NEIGHBORHOOD ISSUES (CONSTRUCTION
DEBRIS,NOISE, ETC.)
Mr. Wagner said he has brought this issue to Council before, but that problems
related to construction of a home on the lot next to his home continue. He said
construction takes place during prohibited hours, there is trash on the site, and
there are noise violations. He asked Council to commit to addressing the issues.
III. ADJOURNMENT
PROCLAMATION
City of Eden Prairie
Hennepin County,Minnesota
WHEREAS, HeartSafe Eden Prairie Program has two goals: To save lives through early defibrillation and
to make automatic external defibrillators,AEDs, as accessible as fire extinguishers in the City of Eden
Prairie; and
WHEREAS, the leading cause of death in the United States is sudden cardiac arrest, killing more than
465,000 people each year,250,000 of those occur outside the hospital; and
WHEREAS, the most common cause of sudden cardiac arrest is ventricular fibrillation, when the heart's
electrical impulses become irregular and the heart is unable to pump oxygen-rich blood throughout the body;
and
'WHEREAS, defibrillation by a safe, effective and easy to use AED sends an electrical current through an
erratic heart to restore organized rhythm; and
WHEREAS, AEDs are designed to be used by non-medical personnel and feature one-button operation
with clear voice directions and automatic analysis, enabling a person with minimal training to use the device,
and
WHEREAS, the new generation of AEDs analyzes a victim's condition and, if necessary, delivers an
electrical shock to the heart to reverse sudden cardiac arrests; and
WHEREAS, the key to surviving sudden cardiac arrest is the speed of response—a victim receiving a shock
from an AED within one minute stands a 90% chance of resuscitation, while a victim having to wait IO
minutes for a shock may only have a five percent chance of survival; and
WHEREAS, a goal of the program is to have AEDs available in all city facilities, schools, sports and
entertainment facilities, office buildings, businesses, industries,places of worship and homes; and
WHEREAS, this coalition is made up of many entities, including the City of Eden Prairie, the American
Heart Association and Cardiac Science Inc.
NOW,THEREFORE, the Eden Prairie City Council does proclaim June 2008 to be:
HEARTSAFE EDEN PRAIRIE MONTH
ADOPTED BY the Eden Prairie City Council on this 3rd Day of June 2008.
Phil Young, Mayor
on behalf of Council Members:
Brad Aho
Sherry Butcher
Jon Duckstad
Kathy Nelson
ITEM NO.: VI.B.
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL MEETING
TUESDAY, MAY 20, 2008 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 Jan Curielli
I. ROLL CALL/ CALL THE MEETING TO ORDER
Mayor Young called the meeting to order at 7:00 PM.
II. COLOR GUARD /PLEDGE OF ALLEGIANCE
Mayor Young thanked Girl Scout Cadet Troop 10651, Prairie Star Service Unit, for
presenting the colors.
III. OPEN PODIUM INVITATION
IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
MOTION: Butcher moved, seconded by Aho, to approve the agenda as published. Motion
carried 5-0.
V. PROCLAMATIONS/PRESENTATIONS
A. HUMAN RIGHTS AWARDS
Cari Maguire, Chair of the Human Rights and Diversity Commission, thanked the
City Council for sponsoring the Human Rights Awards. She said the Commission
was very impressed by the caliber of the volunteers nominated this year.
2007 Non-Profit Recipients
Council Member Aho said the recipients of the 2007 Human Rights Award for a
Non-Profit group are Eden Prairie United Methodist Church, Prairie Lutheran
Church, Pax Christi Catholic Community and the American Muslim Community
Center. He said the four organizations joined together to provide leadership and
planning for the 2007 Interfaith Worship Service that was held in late November at
Pax Christi. The Interfaith Worship Service began in 2006 and was continued in
2007. It was a community activity that brought together hundreds of people of
different faiths and beliefs to celebrate the commonalities held by all people and
promote peace, tolerance and awareness.
CITY COUNCIL MINUTES
May 20, 2008
Page 2
Mayor Young and Ms Maguire presented plaques to representatives of the four
non-profit organizations.
2007 Individual Recipients
Council Member Butcher said two of the recipients of the 2007 Human Rights
Award for an Individual are Mary Jane and Basil Wissner. She said the Wissners
are long time residents of Eden Prairie who have brought their signature traits of
dedication, hard work and joyous spirit to every group with whom they have
volunteered over the years. The Wissners have volunteered at PROP for more than
four years and they started a program to pick up surplus food products from local
markets and distribute them throughout the community. The Wissners also
volunteer at Edendale where they help frail elderly people maintain independence
by assisting them with riding on the shopping bus.
Council Member Aho said another recipient of the 2007 Human Rights Award for
an Individual is Ali Turner. He said Ms Turner is the Senior Youth Services
Librarian with the Hennepin County Library, Eden Prairie Branch. She has worked
in outreach for youth and immigrant programs and has helped to bring about a
greater understanding of the services and resources the library has to offer. She
works in a truly collaborative spirit with staff from the School District, the City of
Eden Prairie, social services providers and others to make the library a welcoming
place for all to enjoy.
Mayor Young and Ms Maguire presented plaques to the three recipients.
2007 Business Recipient
Council Member Butcher said Thunder Communications Design is the recipient of
the 2007 Human Rights Award for a Business. She said Jody Russell, owner of
Thunder Communications Design, designs and maintains websites for grass roots
organizations in Eden Prairie such as the PROP Shop, ABC Foundation, and the
Foundation for Eden Prairie Schools.
Mayor Young and Ms Maguire presented a plaque for Thunder Communications
Design to Ms Jody Russell.
Mayor Young thanked all the recipients of the awards for their hard work.
B. MARY HILL SMITH—METROPOLITAN COUNCIL UPDATE
Mary Hill Smith said she is the representative to the Metropolitan Council from the
3rd District which includes Eden Prairie. She reviewed the progress made by the
Metropolitan Council during the last year which included funding for the Northstar
Commuter Rail line, the start of engineering for the Central Corridor Light Rail
Transit, obtaining a grant for improvements to transit in two major corridors, and
gaining approval for a Parks Foundation. She said the goals for the Metropolitan
Council are to improve the regional transportation system, to work with local
communities to accommodate growth, to maximize the effectiveness of their
CITY COUNCIL MINUTES
May 20, 2008
Page 3
services, infrastructure and investments, and to protect and enhance our natural
resources. This year the Metropolitan Council is updating the Transportation Policy
Plan and will review the updates to the communities' Comprehensive Plans.
Butcher asked when we might get light rail in the Southwest Corridor. Ms Smith
said it is projected to be in the 2020's,but they hope to get started by 2014. She
said the Southwest Corridor line is now listed as a Tier 2 system and needs to be
moved up to Tier 1 to get the project going.
Nelson said we are very interested in light rail and a lot of our businesses would
like to have had it in place yesterday. She thought it was important to come where
the businesses and jobs are, and we want to get to Tier 1 status as soon as possible
to move this along.
Mayor Young thanked Ms Smith for her update and for her representation on the
Metropolitan Council.
VI. MINUTES
A. CITY COUNCIL MEETING HELD TUESDAY, MAY 6, 2008
MOTION: Duckstad moved, seconded by Aho, to approve the minutes of the
Council Workshop held Tuesday, May 6, 2008, as published. Motion carried 5-0.
VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS
A. HERITAGE PRESERVATION COMMISSION
Ann Higgins, Vice Chair of the Heritage Preservation Commission, reviewed the
events and projects on which the commission is currently working. Items included
in the work plan are the sesquicentennial planning, reuse of the J. R. Cummins
property, and the completion of four preservation plans with the funding provided
by a CLG grant from the State Historical Society.
Mayor Young thanked her for her presentation.
VIII. CONSENT CALENDAR
A. CLERK'S LICENSE LIST
B. EDEN PRAIRIE MARKETPLACE Second Reading of Ordinance 13-2008-
PUD-6-2008 for Planned Unit Development District Review and Zoning District
Change from Rural to Commercial Regional Service on 1.25 acres and Resolution
2008-54 for Site Plan Review on 1.25 acres. Location: Valley View Road& Prairie
Center Drive. (Ordinance No. 13-2008-PUD-6-2008 for PUD District Review
and Zoning District Change; Resolution No. 2008-54 for Site Plan Review)
CITY COUNCIL MINUTES
May 20, 2008
Page 4
C. UNITEDHEALTH GROUP AUAR UPDATE AND PUD AMENDMENT
Location: SE Quadrant of Shady Oak Rd& TH 62. (Resolution No. 2008-55 for
AUAR)
D. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH BRAUER&
ASSOCIATES FOR MILLER PARK PLAY AREA
E. REJECT BIDS FOR GARDEN ROOM ROOF REPLACEMENT
F. DIRECT STAFF TO NOT WAIVE MONETARY LIMITS ON TORT
LIABILITY ESTABLISHED BY MINNESOTA STATUTES 466.04
G. AMEND CONSERVATION EASEMENT OVER LOTS 2 THROUGH 5.,
BLOCK 5 WILLIAMS PLACE
H. APPROVE AUCTION OF SURPLUS VEHICLES AND EQUIPMENT
I. APPROVE RENEWAL OF MIDWEST ASPHALT LAND ALTERATION
PERMIT
J. APPROVE CHANGE ORDER NO. 1 FOR WASHINGTON AVENUE LIFT
STATION
K. APPROVE REVISED BYLAWS OF EDEN PRAIRIE FIREFIGHTER
RELIEF ASSOCIATION
L. APPROVE LAND ALTERATION PERMIT FOR PHASE I OF THE FOWLER
PROPERTY LAND MANAGEMENT PLAN,I.C. 08-5727
M. AWARD CONTRACT FOR EMPLOYEE ASSISTANCE PROGRAM (EAP)
SERVICES TO THE OASIS GROUP
N. AWARD THE BID FOR TWO ICE RESURFACERS FOR COMMUNITY
CENTER TO FRANK J. ZAMBONI & CO., INC.
O. ADOPT RESOLUTION NO. 2008-56 APPROVING PARTICIPATION OF
HENNEPIN COUNTY HOUSING AUTHORITY IN AN EDEN PRAIRIE
AFFORDABLE HOUSING PROJECT
MOTION: Aho moved, seconded by Duckstad, to approve Items A-O on the
Consent Calendar.
Nelson asked to discuss Item D. APPROVE PROFESSIONAL SERVICES
AGREEMENT WITH BRAUER& ASSOCIATES FOR MILLER PARK
PLAY AREA. Neal suggested the item be moved to Item XIV. D. REPORT OF
PARKS AND RECREATION DIRECTION.
AMENDMENT TO MOTION: Aho amended the motion to approve Items A-C
and E-O on the Consent Calendar. Duckstad seconded the amendment.
CITY COUNCIL MINUTES
May 20, 2008
Page 5
VOTE ON THE MOTION AS AMENDED: Motion carried 5-0.
Young said we often use the Consent Calendar for routine, housekeeping type
items but he wanted to make special note of Item C. UNITEDHEALTH GROUP
AUAR UPDATE AND PUD. He asked representatives of UnitedHealth Group
who were present if they would like to share comments on this item. Dennis Spalla,
Senior Director of Real Estate Services at UnitedHealth Group, thanked the Mayor,
City Council, Planning Commission and City staff for making the project
achievable and noted this is just a first step in the development.
IX. PUBLIC HEARINGS/MEETINGS
X. PAYMENT OF CLAIMS
MOTION: Duckstad moved, seconded by Butcher, 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
XIV. REPORTS
A. REPORTS OF COUNCILMEMBERS
B. REPORT OF CITY MANAGER
1. 2007 Comprehensive Annual Financial Report(CAFR)
Neal said Minnesota statutes require that by June 30 of each year, the
City prepare a fmancial report for activities of the previous year.
Preparation of the report is largely the work of the Finance Division
under the direction of CFO Sue Kotchevar. The report is prepared
with review by the independent auditing firm of Malloy, Montague,
Karnowski,Radosevich, &Co.,P.A.
William Lauer, Principal with Malloy, Montague, Karnowski,
Radosevich, & Co., P.A., gave a Powerpoint presentation of the 2007
CAFR. He noted the responsibility for the data rests with the City and
his firm's primary role is to review the data and gives an opinion
whether that data fairly represents the city's financial position for the
year under audit. Because the City earned over $500,000 in federal
awards this year, a separate audit of expenditures for those awards is
required.
CITY COUNCIL MINUTES
May 20, 2008
Page 6
Mr. Lauer said they have given a clean opinion without exception on
the Basic Financial Statement and a clean opinion on the Federal
Single Audit. They found two minor items for attention, specifically
providing for additional segregation of the payroll duties and another
layer of review for that process and additional auditing of payables. He
said the controls and records were excellent, and the process was very
efficient and thorough.
Mr. Lauer reviewed the City's revenue sources and expenditures and
the status of the City's General Fund and other operating funds.
MOTION: Butcher moved, seconded by Aho, to accept the 2007
Comprehensive Annual Financial Report (CAFR). Motion carried 5-0.
C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR
D. REPORT OF PARKS AND RECREATION DIRECTOR
1. Approve Professional Services Agreement With Brauer & Associates
for Miller Park Play Area (Moved from Item VIII. Consent Calendar)
Lotthammer said this year's budget included money for playground
replacement at Red Rock Park and Miller Park in order to bring them
back up to safety standards and quality. Miller Park is a fairly large
facility that gets a lot of use. He said they decided to look at Miller
Park with a Master Plan that has three separate phases. Phase 1 of the
Miller Park Plan primarily addressed the preschool type of equipment
that was built with a pressboard material that hasn't stayed well over
time. At the suggestion of a resident, Mike Garvin, they decided to
take the ADA standards to another level and make the equipment
"boundless," in order to have it accessible to those in wheelchairs. Mr.
Garvin committed to do fundraising for the project, and, once the
master plan is laid out, will go out and sell this as a fundraising
concept.
Lotthammer said they structured the bidding process so that we would
have some alternates in order to be flexible to see how the fundraising
ramped up. The theme in the master plan would make it a more
nautical theme. They also plan to take care of some drainage problems.
He said the agreement requested would allow Brauer & Associates to
do the plans and specifications and would also allow them to do the
construction management for the project. Staff will come back to the
Council with the bids, and we will see how the financing would work
at that point.
Nelson said she had some concerns about the information she received
that indicated the play equipment wasn't as safe as it could be. She
asked if Phases 2 and 3 will be fully safe. Lotthammer said Phases 2
CITY COUNCIL MINUTES
May 20, 2008
Page 7
and 3 have more of the traditional metal pieces, and we have been able
to get parts for those pieces. They are still in fairly good shape but are
starting to get to the end of their life span. He didn't recommend
replacing them at this time. It is the pressboard material that has
deteriorated over the past 14 years.
Nelson asked when Phases 2 and 3 will happen. Lotthammer said
Phase 2 is scheduled for 2011 and Phase 3 for 2012 or 2013. Nelson
said she wanted to make sure we weren't letting something go that we
should be dealing with.
MOTION: Nelson moved, seconded by Butcher, to approve the
Professional Services Agreement with Brauer & Associates for the
Miller Park Play Area. Motion carried 5-0.
E. REPORT OF PUBLIC WORKS DIRECTOR
F. REPORT OF POLICE CHIEF
G. REPORT OF FIRE CHIEF
H. REPORT OF CITY ATTORNEY
XV. OTHER BUSINESS
XVI. ADJOURNMENT
MOTION: Aho moved, seconded by Nelson, to adjourn the meeting. Motion carried 5-
0. Mayor Young adjourned the meeting at 8:05 PM.
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar June 3, 2008
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.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.
Private Kennel
Karen Isaacson— 3 dogs
New Liquor License(s)
Licensee name: Santorini Y Not, Inc
DBA: Santorini
13000 Technology Drive
- 1 -
CITY COUNCIL AGENDA DATE: June 3, 2008
SECTION: Consent Agenda
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.B.
Community Development/Planning Kona Grill
Janet Jeremiah
Scott Kipp
Requested Action
Move to:
• Approve 2nd Reading of the Ordinance for PUD District Review and Zoning District Amendment
within the Commercial Regional Service Zoning District on 4.44 acres; and
• Adopt Resolution for Site Plan Review on 4.44 acres and
• Approve the Development Agreement for Kona Grill; and
• Approve and Authorize Issuance of a Grading Permit for Kona Grill, subject to
release by the City Engineer upon determination that the final contract documents
conform to plans stamp dated April 25, 2008, as approved by the City Council.
Synopsis
This project is for an 8,700 square foot Kona Grill restaurant as part of the Windsor Plaza mixed
use project currently under construction.
The 120-Day Review Period Expires on July 24, 2008.
Attachments
1. Ordinance for PUD District Review
2. Summary Ordinance
3. Resolution for Site Plan Review
4. Development Agreement
KONA GRILL
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 14-2008-PUD-7-2008
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 14-2008-PUD-7-2008 (hereinafter "PUD-7-
2008-C-REG).
Section 3. The City Council hereby makes the following findings:
A. PUD-7-2008-C-REG is not in conflict with the goals of the Comprehensive Guide
Plan of the City.
B. PUD-7-2008-C-REG 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-7-2008-C-REG are justified by the design of the
development described therein.
D. PUD-7-2008-C-REG 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 June 3, 2008, entered into between Kona Grill, and the
City of Eden Prairie, (hereinafter"Development Agreement"). The Development Agreement
contains the terms and conditions of PUD-7-2008-C-REG, 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 District and shall be included hereafter in the
Planned Unit Development 7-2008-C-REG, 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
6th day of May, 2008, 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 3rd day of June, 2008.
ATTEST:
Kathleen A. Porta, City Clerk Phil Young, Mayor
PUBLISHED in the Eden Prairie Sun Current on , 2008.
EXHIBIT A
PUD Legal Description — Kona Grill
Lot 1, Block 1 and Outlot A and Outlot B, Windsor Plaza, Hennepin County, MN.
KONA GRILL
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
SUMMARY OF
ORDINANCE NO.14-2008-PUD-7-2008
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 West of
Flying Cloud Drive,north of Regional Center 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 , 2008.
(A full copy of the text of this Ordinance is available from City Clerk.)
KONA GRILL
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO. 2008-
A RESOLUTION GRANTING SITE PLAN APPROVAL
FOR KONA GRILL
BY KONA GRILL
WHEREAS, Kona Grill,has applied for Site Plan approval of Kona Grill to construct an
8,799 sq. ft. restaurant, by an Ordinance approved by the City Council on June 3, 2008; and
WHEREAS, the Planning Commission reviewed said application at a public hearing at
its April 14, 2008 meeting and recommended approval of said site plans; and
WHEREAS, the City Council has reviewed said application at a public hearing at its
May 6, 2008 meeting.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL
OF THE CITY OF EDEN PRAIRIE, that site plan approval be granted to Kona Grill based on
the Development Agreement between Kona Grill and the City of Eden Prairie, reviewed and
approved by the City Council on June 3, 2008.
ADOPTED by the City Council of the City of Eden Prairie this 31-d day of June, 2008.
Phil Young , Mayor
ATTEST:
Kathleen A. Porta, City Clerk
THIRD AMENDMENT TO DEVELOPMENT
AGREEMENT
WINDSOR PLAZA
THIS THIRD AMENDMENT TO DEVELOPMENT AGREEMENT("Agreement")is
entered into as of June 3, 2008, by Solomon Real Estate Group, 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 and City entered into that certain Development Agreement dated
September 4, 2007, filed on September 20, 2007 as Document No. 9040413 with the County
Recorder and filed on September 7, 2007 as Document No. 4423818 with the Registrar of Titles,
First Amendment to Development Agreement dated November 15, 2007, filed on December 31,
2007 as document No. 9079966 with the County Recorder and filed on December 31, 2007 as
Document No. 4458080 with the Registrar of Titles, and Second Amendment to Development
Agreement dated December 18,2007,filed on December 31,2007 as Document No. 9079967 with
the County Recorder and filed on December 31,2007 as Document No.4458081 with the Registrar
of Titles office (hereinafter"Development Agreement"); and
WHEREAS, Developer has applied to City for Planned Unit Development Concept
Amendment on 4.44 acres,Planned Unit Development District Review with waivers on 4.44 acres,
Zoning District Amendment within the Commercial Regional Service Zoning District on 4.44 acres,
Site Plan Review on 4.44 acres, legally described on Exhibit A (the "Property").
NOW,THEREFORE,in consideration of the City adopting Resolution No. for
Planned Unit Development Concept Amendment, Ordinance No. for Planned Unit
Development District Review and Zoning District Amendment within the Commercial Regional
Service Zoning District on 4.44 acres,and Resolution No. for Site Plan Review,the
parties agree as follows:
1. PLANS: Developer shall develop the that portion of the Property identified as the "Kona
Grill" in Exhibit C attached hereto, in conformance with the materials revised and stamp
dated April 25, 2008, reviewed and approved by the City Council on May 6, 2008
(hereinafter the "Plans") and identified on Exhibit B, subject to such changes and
modifications as provided herein. The remainder of the Property shall be developed in
conformance with the plans dated August 13, 2007, revised and approved by the City
Council on September 4, 2007.
2. PUD WAIVERS GRANTED: The city hereby grants the following waivers to City Code
requirements within the Commercial Regional Service Zoning District through the Planned
Unit Development District Review for the Property and incorporates said waivers as part of
PUD .
A. Front yard building setback from 35 feet to 24 feet along Flying Cloud Drive
required for construction of the Kona Grill restaurant patio space depicted on
Exhibit C.
B. Floor Area Ratio for the overall Windsor Plaza building from 0.69 to 0.70.
3. SITE AMENITIES PLAN AND CONSTRUCTION DETAILS:Prior to building permit
issuance for the Property, Developer shall submit to the City Planner and obtain the City
Planner's written approval of a Site Amenities Plan, including construction details, for the
Property consistent with the Exhibit B Plans and to meet the pedestrian focus of the Major
Center Area Study.
The Site Amenities Plan shall include, decorative concrete pavement for the covered patio;
decorative concrete sidewalk pavement, planter pots along the building and planter boxes
along the patio wall; natural stone columns and wrought iron aluminum fencing between
columns along covered patio dining area,all the above in accordance with and as depicted in
the Plans.
4. Except as amended hereby,the Development Agreement shall remain in full force and effect.
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
Solomon Real Estate Group, Inc.
By By
Jay Scott Phil Young
Its President Its Mayor
By_
Scott H. Neal
Its City Manager
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of June,2008,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 June,2008,by Jay Scott,
the President of Solomon Real Estate Group, Inc., a Minnesota corporation, on behalf of said
corporation.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
Kristy L. Warnen,Esq.
Gregerson,Rosow,Johnson&Nilan, Ltd.
650 Third Avenue South, Suite 1600
Minneapolis,MN 55402
EXHIBIT A
THIRD AMENDMENT TO DEVELOPMENT AGREEMENT —WINDSOR
PLAZA
Legal Description
Lot 1, Block 1 and Outlot A and Outlot B, Windsor Plaza, Hennepin County, MN.
EXHIBIT B
THIRD AMENDMENT TO DEVELOPMENT AGREEMENT -WINDSOR
PLAZA
PLANS
LIST OF MATERIALS
1. Site Plan Phase 1 dated August 13, 2007 by Cluts O'Brien Strother Architects
2. A0.1 - Site Plan dated March 26, 2008 by Shea
3. A1.1 —Floor Plan dated March 26, 2008 by Shea
4. A3.0 - Exterior Elevations dated July 27, 2007 by Cluts O'Brien Strother Architects
5. A3.1 - Exterior Elevations dated April 9, 2007 by Cluts O'Brien Strother Architects
6. A7.1 —Exterior Elevations dated March 26, 2008 by Shea
7. A7.2—Overall Exterior Elevations dated March 26, 2008 by Shea
8. A7.3 —Overall Exterior Elevations dated March 26, 2008 by Shea
9. East Perspective dated 2007 by Cluts O'Brien Strother Architects
10. West Perspective dated 2007 by Cluts O'Brien Strother Architects
11. North Elevation dated March 26, 2008 by Shea
12. South Elevation Column Variation dated April 14, 2008 by Shea
13. West Elevation dated March 26, 2008 by Shea
EXHIBIT C
THIRD AMENDMENT TO DEVELOPMENT AGREEMENT -WINDSOR
PLAZA
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK. SEE NEXT PAGE]
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CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar June 3, 2008
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.C.
Stuart Fox, Parks and Natural Award Bid for New Sidewalk Construction
Resources Manager, Parks and Projects
Recreation
Motion
Move to: Award the bid for New Sidewalk Construction to Curb Masters Inc. in the amount
of$32,477.50 for the construction of new sections of 5-foot wide sidewalk along
Rustic Hills Drive, Holly Road and Sunnybrook Road.
Synopsis
The City advertised for the construction of the three concrete sidewalk segments within the city.
The segments are needed to infill missing sections of sidewalk along portions of the following
roads: Rustic Hills Drive, Holly Road and Sunnybrook Road. Specifications for the work were
prepared, advertised and the City received two bids from contractors. The work is based on
installing approximately 1,300 lineal feet of five-foot wide sidewalk. Additionally the work
includes the installation of two pedestrian ramps and replacement of four driveway aprons.
Background
The money for doing this sidewalk installation comes from the Capital Improvement Project
funding in the Public Works Department for the reconstruction and new construction of trails and
sidewalks along roadways throughout the City. The summary of the bids submitted is as follows:
Curb Masters Inc. $32,477.50
Kamida,Inc. $38,016.00
Staff estimate for this project was $43,000.
Each of the submitters met the guidelines as detailed in the bid specification and staff
recommends the bid be awarded to Curb Masters Inc.
Park Maintenance staff will do the boulevard restoration after the contractor is done with their
paving project. The staff anticipates beginning the project after June 30, with the completion by
August 15, 2008.
Attachments
Maps of Rustic Hills Drive, Holly Road and Sunnybrook Road segments
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CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar June 3, 2008
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.D.
Stuart Fox, Parks and Natural Award Bid for Trail Overlay Projects
Resources Manager, Parks and
Recreation
Motion
Move to: Award the bid for Trail Reconstruction to Midwest Asphalt, Inc. in the amount of
$39,870.50 for overlay work on segments of the eight-foot wide bike trail along
Anderson Lakes Parkway and Duck Lake Trail.
Synopsis
The City advertised for the reconstruction of the two bituminous trail segments within the city.
The trails that need overlay work are along portions of the following roads: Anderson Lakes
Parkway and Duck Lake Trail. Specifications for the work were prepared and the City received
three bids from contractors. The work is based on milling out and replacing approximately 2,500
lineal feet of existing eight-foot wide trail. Additionally the work includes the installation of four
pedestrian ramps at various road and driveway crossings and replacement of two driveway
aprons.
Background
The money for doing this trail reconstruction comes from the Capital Improvement Project
funding in the Public Works Department for the reconstruction and new construction of trails and
sidewalks along roadways throughout the City. The summary of the bids submitted is as follows:
Midwest Asphalt Corp. $39,870.50
Wm. Mueller& Sons $42,133.50
Northwest Asphalt, Inc. $46,432.30
Staff estimate for this project was $48,000.
Each of the submitters met the guidelines as detailed in the bid specification and staff
recommends the bid be awarded to Midwest Asphalt Corp.
Park Maintenance staff will do the boulevard restoration after the contractor is done with their
paving project. The staff anticipates beginning the project after June 30, with the completion by
August 15, 2008.
Attachments
Maps of Anderson Lake Parkway and Duck Lake Trail segments
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CITY COUNCIL AGENDA DATE:
SECTION: Consent Agenda June 3, 2008
DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 06-5679 ITEM NO.: VIII.E.
Leslie Stovring Shoreland Restoration Grant/Mitchell
Public Works/Environmental Lake Association
Requested Action
Move to: Approve contract with the Department of Natural Resources to act as the fiscal agent
for a Shoreland Restoration Grant to be conducted by the Mitchell Lake Association.
Synopsis
The Mitchell Lake Association (MLA) was awarded a shoreland restoration grant from the
Department of Natural Resources (DNR). The MLA has requested that the City act as fiscal
agent for the grant as the grant funds are disbursed only as the major tasks established in the
grant are completed. The MLA is a new organization and does not have adequate funding in
place to pay for the project costs up front. All matching funds and labor will be provided by the
MLA. However, some staff time will be required to monitor the project, write task updates and
disperse funds.
Background Information
Mitchell Lake is listed as an Impaired Water for excess nutrients by the State of Minnesota. The
lake is also rated as having a water quality level of"D" by the Metropolitan Council. The MLA
formed in 2006 to engage local governmental units in assisting in improving the water quality of
the lake, including the Riley Purgatory Bluff Creek Watershed District and the city of Eden
Prairie. In 2007 the MLA applied for a grant with the DNR to restore a section of Timberlake
Association commons property on the shores of Mitchell Lake.
The Timberlake Association includes 83 properties and is one of several homeowners
associations on the lake. The commons property is located on Island Road, between 7998 and
8014 Island Road, and includes approximately 285 feet of lakeshore. A portion of the commons
property is already left as natural and this project will tie into this area to extend the natural
shoreland habitat.
Fortin Consulting was contacted to assist MLA in development of a preliminary plan to restore
this lakeshore area after the City's Shoreland Restoration Workshop in 2007. The plan will
retain a small sand beach while replacing sod with native plants and establishing aquatic plants
in the water.
The goals of the project include:
• Improve water quality through treatment of surface runoff and reduced use of chemicals
• Improve fish and wildlife habitat
• Continue to build a sense of shoreland stewardship among Mitchell Lake residents
• Educate Mitchell Lake and Eden Prairie residents about Lakeshore Restoration
• Showcase the project by sponsoring tours for residents and other lake associations
• Document the process on the MLA website at www.mitchelllake.org
The City will not be responsible for installation or maintenance of the shoreland restoration. The
grant application states that the Timberlake Association Maintenance Committee will have
primary responsibility for all short term and long term maintenance activities on the Commons
Area with assistance from the Mitchell Lake Association as needed. Language has been added to
the "Deliverables" attachment for the contract which outlines the areas of responsibility. The
DNR has stated that the language is acceptable.
Attachments
Attachment 1 —Contract
STATE OF MINNESOTA
GRANT CONTRACT
This grant contract is between the State of Minnesota,acting through its Department of Natural Resources
("State") and the City of Eden Prairie ("Grantee").
Recitals
1. Under Minn. Stat. 97A.045 the State is empowered to do all things necessary to preserve,protect and
propagate desirable species of animals and fish.
2. The State,pursuant to Chapter 401, Section 4,established an Aquatic Plant Restoration Program. As
part of this program the State is in need of partners and cooperators to restore shoreland habitat in ways
that demonstrate good shoreland stewardship.
3. The Grantee represents that it is duly qualified and agrees to perform all services described in this
grant contract to the satisfaction of the State.
Grant Contract
1 Term of Grant Contract
1.1 Effective date: May 1, 2008 or the date the State obtains all required signatures under
Minnesota Statutes Section 16C.05, subdivision 2, whichever is later.
The Grantee must not begin work under this grant contract until this contract is fully
executed and the Grantee has been notified by the State's Authorized Representative to
begin the work.
1.2 Expiration date: June 30, 2011, or until all obligations have been satisfactorily fulfilled,
whichever occurs first.
1.3 Survival of Terms. The following clauses survive the expiration or cancellation of this grant
contract: 8. Liability; 9. State Audits; 10. Government Data Practices and Intellectual
Property; 13.Publicity and Endorsement; 14.Governing Law,Jurisdiction,and Venue;and 16
Data Disclosure.
2 Grantee's Duties
The Grantee, who is not a state employee, will:
*Perform the duties specified in Exhibit A (grantee-prepared proposals), which is attached and
incorporated into this grant agreement.
* Perform the duties specified in Attachment 1 which is attached and incorporated into this grant
agreement.
* Provide a summary report, completed maintenance plan and have the site reviewed prior to the
disbursement of the last payment in Attachment 1.
* Payment will be based on the proposed budgets(Attachment 2),which is attached and incorporated
into this grant agreement.
3 Time
The Grantee must comply with all the time requirements described in this grant contract.
4 Consideration and Payment
4.1 Consideration. The State will pay for all services performed by the Grantee under this grant
contract as follows:
Grant Agreement 011304 1
(1) Compensation. The Grantee will be paid according to the breakdown of costs contained in
Attachment 1,which is attached and incorporated into this grant contract
(2) Total Obligation. The total obligation of the State for all compensation and
reimbursements to the Grantee under this grant contract will not exceed $ 32,000
The final 10% of the total projects expenses will be paid after a final summary report,
maintenance plan and approved site visit have been completed and when Neil Vanderbosch
(Authorized DNR Representative)approves in writing that the project has been completed
per project plan specifications.
(3) Federal funds. Federal Funds will not be used in this project for match.
4.2 Payment
(1) 4.3.1 Payment Request Forms. The State will promptly pay the Grantee after the Grantee
presents an itemized list for the services actually performed or expenses incurred for the
specific deliverable listed in Attachment 1 and the State's Authorized Representative has
approved and accepts the request for payment of invoiced services. Payment Request
Forms must include copies of time sheets signed by employees or volunteers indicating the
dates and times (hrs) spent working on this project, and copies of paid invoices for other
expenses associated with this project for the deliverable being paid. Please see the
Shoreland Habitat Program Financial Manual for more details. Final requests for payment
for the projects must be submitted, on or before June 15, 2011.
5 Conditions of Payment
All services provided by the Grantee under this grant contract must be performed to the State's
satisfaction, as determined at the sole discretion of the State's Authorized Representative and in
accordance with all applicable federal, state, and local laws, ordinances, rules, and regulations.
The Grantee will not receive payment for work found by the State to be unsatisfactory, not
included in the approved plan or performed in violation of federal, state, or local law.
6 Authorized DNR Representative
The State's Authorized Representative is Neil Vanderbosch or his/her successor, and has the
responsibility to monitor the Grantee's performance and the authority to accept the services
provided under this grant contract. If the services are satisfactory, the State's Authorized
Representative will certify acceptance on each invoice submitted for payment.
The Grantee's Authorized Representative is Leslie Stovring,Environmental Coordinator,City of
Eden Prairie,8080 Mitchell Road,Eden Prairie,Minnesota 55344 (952)-949-8327("Grantee"). If
the Grantee's Authorized Representative changes at any time during this grant contract, the
Grantee must immediately notify the State.
7 Assignment,Amendments, Waiver, and Grant contract Complete
7.1 Assignment. The Grantee may neither assign nor transfer any rights or obligations under
this grant contract without the prior consent of the State and a fully executed Assignment
Agreement, executed and approved by the same parties who executed and approved this
grant contract, or their successors in office.
7.2 Amendments. Any amendment to this grant contract must be in writing and will not be
effective until it has been executed and approved by the same parties who executed and
approved the original grant contract, or their successors in office.
Grant Agreement 011304 2
7.3 Waiver. If the State fails to enforce any provision of this grant contract, that failure does
not waive the provision or its right to enforce it.
7.4 Grant Contract Complete. This grant contract contains all negotiations and agreements
between the State and the Grantee. No other understanding regarding this grant contract,
whether written or oral, may be used to bind either party.
8 Liability
The Grantee must indemnify, save, and hold the State, its agents, and employees harmless from
any claims or causes of action, including attorney's fees incurred by the State, arising from the
performance of this grant contract by the Grantee or the Grantee's agents or employees. This
clause will not be construed to bar any legal remedies the Grantee may have for the State's failure
to fulfill its obligations under this grant contract. The City's liability is limited in accordance with
Minnesota Statutes Chapter 466.
9 State Audits
Under Minn. Stat. ' 16C.05, Subd. 5, the Grantee's books, records, documents, and accounting
procedures and practices relevant to this grant contract are subject to examination by the State
and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from
the end of this grant contract.
10 Government Data Practices and Intellectual Property
Government Data Practices. The Grantee and State must comply with the Minnesota Government
Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this
grant contract,and as it applies to all data created,collected,received,stored,used,maintained,or
disseminated by the Grantee under this grant contract. The civil remedies of Minn. Stat. ' 13.08
apply to the release of the data referred to in this clause by either the Grantee or the State.
If the Grantee receives a request to release the data referred to in this Clause, the Grantee must
immediately notify the State. The State will give the Grantee instructions concerning the release of
the data to the requesting party before the data is released.
11 Workers' Compensation
The Grantee certifies that it is in compliance with Minn. Stat. ' 176.181, Subd. 2, pertaining to
workers' compensation insurance coverage. The Grantee's employees and agents will not be
considered State employees. Any claims that may arise under the Minnesota Workers'
Compensation Act on behalf of these employees and any claims made by any third party as a
consequence of any act or omission on the part of these employees are in no way the State's
obligation or responsibility.
12 Publicity and Endorsement
12.1 Publicity. Any publicity regarding the subject matter of this grant contract must identify
the State as the sponsoring agency and must not be released without prior written approval
from the State's Authorized Representative. For purposes of this provision, publicity
includes notices, informational pamphlets, press releases, research, reports, signs, and
similar public notices prepared by or for the Grantee individually or jointly with others,or
any subcontractors, with respect to the program, publications, or services provided
resulting from this grant contract.
Grant Agreement 011304 3
12.2 Endorsement. The Grantee must not claim that the State endorses its products or services.
12.3 Acknowledgement. The grantee must acknowledge the Shoreland Habitat Program and the
Minnesota Depai tiuent of Natural Resources in any publicity or publications developed for
the grant contract.
13 Governing Law,Jurisdiction, and Venue
Minnesota law,without regard to its choice-of-law provisions,governs this grant contract. Venue
for all legal proceedings out of this grant contract,or its breach,must be in the appropriate state or
federal court with competent jurisdiction in Ramsey County, Minnesota.
14 Termination
14.1 Termination by the State. The State may cancel this grant contract at any time, with or
without cause,upon 30 days'written notice to the Grantee. Upon termination,the Grantee
will be entitled to payment, determined on a pro rata basis, for services satisfactorily
performed.
15 Data Disclosure
Under Minn. Stat. ' 270.66, and other applicable law, the Grantee consents to disclosure of its
social security number, federal employer tax identification number, and/or Minnesota tax
identification number, already provided to the State, to federal and state tax agencies and state
personnel involved in the payment of state obligations. These identification numbers may be used
in the enforcement of federal and state tax laws which could result in action requiring the Grantee
to file state tax returns and pay delinquent state tax liabilities, if any.
16. Other Provisions
1. Each individual landowner and the grantee will enter into an agreement (Attachment 3)
with the DNR and the landowner that allows the Project Cooperator, the DNR and their
assigns to enter the project site to install,maintain,and evaluate the project. The DNR will
be allowed to tour the projects site with other persons for educational purposes.
2. Modifications to the project plan must be described in writing and signed by the grantee
and the Authorized DNR Representative.
3. The DNR will be recognized as a funding source on informational materials and reports
developed for and resulting from this project.
4. Only the aquatic formulations of herbicides(e.g.,Rodeo instead of Round Up)will be used
within 10 ft of the water's edge.
5. Appropriate permits must be secured for the project (including those required to apply
herbicides below the ordinary high water line and to collect from and/or transplant into
public waters).
Grant Agreement 011304 4
1. STATE ENCUMBRANCE VERIFICATION
Individual certifies that funds have been encumbered as required by Minn. Stat. " 16A.15 and 16C.05.
2. STATE AGENCY
By: Ron Payer
Title: Fisheries Management Chief Division of Fish and Wildlife
Signed:
Date:
CFMS Grant contract No. B -
3. GRANTEE
The Grantee certifies that the appropriate person(s) have executed the grant contract on behalf of the
Grantee as required by applicable articles, bylaws, resolutions, or ordinances.
By: Phil Young
Title: Mayor
Signed:
Date: June 3, 2008
By: Scott Neal
Title: City Manager
Signed:
Date: June 3, 2008
Grant Agreement 011304 5
Attachment 1
Grantees Responsibilities and Schedule of Deliverables (5/1/08-6/30/11):
The State acknowledges and agrees that under this Grant the City of Eden Prairie is acting only the fiscal
agent for Mitchell Lake Association in its performance of work undertaken pursuant to the Grant.All work
performed under this Grant shall be undertaken and directed by the Mitchell Lake Association (MLA).
The City will process invoices and payment and provide project updates as needed during the course of the
project. Work on the project(s)is to be conducted by MLA and its authorized representative(s). MLA will
be responsible for design of the project,hiring a contractor,installation of all materials and maintenance of
the project area(s)or other deliverables as outlined in the project schedule and cost estimate provided with
the grant application. The City shall not be responsible for design of the project, hiring a contractor,
installation of all materials and maintenance of the project area(s), other deliverables as outlined in the
project grant application,maintenance or replacement of any materials installed during the course of the
project(s). The State's Authorized (DNR) Representative for this project is Neil Vanderbosch or his
appointed successor.
Maximum amount of grant to be awarded: $32,000
A total of up to 7 projects will be completed with the grant dollars specified. Dispersal of funds will be
based on the information contained in Payment Schedule of this grant document.
Projects on private properties require that at least 75% of the frontage restored with an adjacent native
plant buffer zone that is at least 25 ft deep/wide. The focus of these restoration projects must be on
reestablishing native vegetation. Funds cannot be used for rock riprap stabilization or permanent wave
breaks.
Funds can be used for materials needed to reestablish native vegetation along shorelines. This may
include:native trees,shrubs,plants and seeds;temporary biodegradable toe protection and erosion control
fabric,mulch;herbicide to treat invasive species;controlled burns to prep or maintain the restoration site,
labor to design, install and maintain the restoration project, temporary biodegradable wave breaks and
fencing to keep out foot traffic or herbivores (geese/muskrats) from the site.
Projects should not destroy existing,desirable habitat or native vegetation. Only local,native species may
be included within the project area.No exotic species or nursery-derived cultivars of natives may be used.
Plants included in the project should be native to the county and grow in natural,reference sites along the
lake or similar nearby ecosystems.
Preference will be given to projects that include restoring woody vegetation(native shrubs and trees)and
aquatic plants in the project vision,but these plants should be known to have grown(or currently grow)
within the project area or along undeveloped reference shorelines.There should also be a strong likelihood
of aquatic plants surviving without major modifications to the shoreline,to have them included in the plan.
If projects are implemented in a manner different from the approved plan,without prior approval for the
changes by the DNR Authorized Representative SH program Consultant or their appointed successors,the
entire grant may be terminated and no future payments made.
Grant Agreement 011304 6
Payment Schedule One:
Deliverable One: The MLA will provide on-site inspection and site specific technical expertise for up to
7 site plans and associated budgets to restore native vegetation on Mitchell Lake,Hennepin County. The
site plan is a map, photographs, and a written description outlining the details for a specific site, which
includes the following information:
a) Project owners name, contact information and directions to site
b) Map showing project size in relation to the lot size and the location of the project on the lake.
c) List of the species and number of plants and/or amount of seed to be planted and the source for all
plants and seed.
d) Where mulch, cover crops, and erosion control materials will be placed and what will be used.
e) If temporary biodegradable toe protection or wave breaks are needed,where and how much will be
installed and when it will be removed.
f) List of the amount of labor and who will provide the labor to design,install and maintain the project.
g) Timeline for the project.
h) Photographs of the project area.
The property owner will also supply a signed landowner maintenance agreement form with MLA listed as
project cooperator and all necessary permits required to complete the project. The project budget will
include all expenses anticipated for the project. There is an example budget spreadsheet available for
review on the SH website. Once the site plan, landowner agreement and budget has been reviewed and
approved by Neil Vanderbosch or other authorized DNR Representative,up to a total of$1,000 for each
plan for a total of no more than $ 3,000, will be authorized for payment. Neil Vanderbosch or other
authorized DNR Representative must approve any changes to this approved plan otherwise future
payments will not be allowed.
Deliverable Two: MLA will successfully install up to 7 Shoreland projects according to each of the site
plans developed and approved for each specific site in deliverable one. Any variation from this approved
plan without prior approval by Neil Vanderbosch or other Authorized DNR Representative will void
payment for deliverable two. Once the request forms and necessary documentation has been received for
each project and all the projects which are requesting reimbursement have been inspected and approved by
Neil Vanderbosch or other Authorized DNR Representative,up to a total of$15,000 per project for a total
of no more than $27,000 will be authorized for payment under this deliverable.
Deliverable Three: At least one month prior to the end of the grant period(6/30/11),MLA will provide a
project summary and completed Maintenance Review Plan to the DNR Authorized Representative. The
project summary will include a list of all expenses incurred,including where grant dollars were spent and
what expenditures were used for in-kind. All bookkeeping requirements for this grant program will be
documented using the procedures and be based on the forms located in the Shoreland Habitat Program
Financial Manual.
After the necessary forms have been received,a visit to each project site will occur to assess if the project
has been properly maintained. Once each site visit is completed and the project summary and maintenance
plan are approved by Neil Vanderbosch or other authorized DNR Representative,up to$1,000 per site for
a maximum payment of$2,000 will be authorized.
Grant Agreement 011304 7
ATTACHMENT 2
SH GRANTS ESTIMATED BUDGET TABLE
Cost Categories
Time Period Site Design& Supplies/ Temp. Total
Implementation Vegetation Equipment Labor Education
May 08 - requested $2,000 $1,000 $1,000 $4,000
June 30,08 funds
Cash
match
match(in- $500 $2,000 $2,500
kind)
Jul 08 - Jun requested $2,000 $10,000 $10,000 $2,000 $24,000
10 funds
Cash
match $1,000 $1,000
match(in $500 $500 $8,000 $1,000 $10,000
kind)
Jul 10 -Jun requested $500 $1,000 $2,000 $500 $4,000
30, 11 funds
match
(cash) $5,000 $5,000
match(in-
kind)
Total $5,000 $11,500 $13,500 $19,000 $1,500 $50,500
Total funds $4,000 $11,500 $12,000 $4,000 $500 $32,000
requested
Total Match
(cash) $1,000 $1,000
Total Match $1,000 $500 $15,000 $1,000 $17,500
(in-kind)
Cash match salary: Permanent staff/Landowner and other volunteers:
In-kind equipment use (donated and purchased):
In-kind Supplies (donated and purchased):
*Cost Categories:
Site Design and Implementation-Associated and approved costs to design and implement the project
Supplies include: temporary biodegradable toe protection and erosion control fabric, mulch, herbicide,
temporary biodegradable wave breaks and temporary fencing to keep out foot traffic or herbivores
(geese/muskrats)
Vegetation includes: native vegetation along shorelines. This may include: native trees, shrubs, plants
and seeds
Equipment: Shovels, rakes, silage forks, sledgehammers, trowels, drills and bulb augers and rental
equipment for project(ex. bobcat, pump, tree auger)
Maintenance: Equipment, supplies or a private contract to conduct on the site
Temp Labor: Temporary labor for project or volunteer in-kind
Grant Agreement 011304 8
Mitchell Lake Shoreline Restoration
Cost Estimates
Fortin Consulting Inc.
Fortin Consulting Inc. has been hired by Mitchell Lake Homeowner's Association to conduct the
project. Below are the cost estimates provided for this project.
Cost Estimates
Fortin Consulting 2008 costs:
$80 per hour Connie Fortin, Carolyn Dindorf
$60 per hour certified herbicide specialist/field supervisor
$40 per hour field assistants/summer staff
Mileage and materials billed separately.
All costs below are estimates. FCI bills for time and material as needed.
The below project components were priced separately so they could be done in phases. The more
project components done at the same time, the less your delivery costs, our travel time and other
overhead costs. (i.e. herbicide, ordering plants, plant delivery, purchasing materials, mulch deliver...).
You can save quite a bit of money if volunteers take over some tasks and if you combine the
implementation. We have suggested some areas for the volunteers to take over but we are happy if
they want to take on more responsibility and will gladly work with them.
Main Upland Buffer: $9,000
cost can be reduced by$800,if volunteers spread mulch.
Aquatic Buffer (Bio-log):$4,160—Option A
Aquatic Buffer (silt fence)$1,810—Option B (Not suggested at this time)
*Costs can be reduced even further by more volunteer involvement
Main upland buffer
Based on approximately 2750 sq ft
Time estimates:
These estimates are based on our experience for doing similar projects. The costs can be reduced if the
lake association takes on any of these tasks. The costs can be increased if the lake association doesn't
do some of the tasks below of if there are other complicating factors such as bad weather during the
implementation phase of the project.
(note that FCI times will also have a small mileage expense and possible minor material expense not
listed)
• Mark herbicide areas—$320, Connie Fortin (CF) or Carolyn Dindorf(CD)
• Herbicide—2 applications: $540 plus herbicide and mileage, certified herbicide specialist
• Order seed($30)
• Seed over dead grass with native seed($180)
• Find, order plants, arrange for delivery- $480 field supervisor
• Order mulch (23 yards)and call one call - $60, field supervisor
• Day 1: Volunteers haul mulch from cul-de-sac, spread mulch- (Optional FCI 2 people, 8 hours
including drive time. Field supervisor and field assistant $800)
• Day 2: Lay out design— $320 cd or cf
Grant Agreement 011304 9
• Day 2: Check plants delivered against order and group into left and right planting $240 field
supervisor
• Day 3: Lay out plants on design, instruct volunteers, supervise planting cd or cf$640
• Day 3: Help with volunteers and planting, field supervisor $480
• Day 3: Help with planting, field assistant $320
• Day 3: Plant volunteers 10 volunteers, 6 hours each.
• Day 4: Volunteers complete any planting and install fence (Optional FCI supervise and assist
$480)
• General project communications $320
Upland Material Cost (Rough Estimates)
Main upland buffer
Based on approximately 2750 sq ft
• Upland grasses, sedges, flowers: $1.5 per plant when purchasing small plug sized plants( could
be more or less based on availability and your plant selection)
• Plants $2,225
• Native grass seed $125
• Plant delivery costs ($150 per nursery)$300
• Hydroscopic crystals $50
• Fencing—rabbit and goose -3 foot chicken wire fencing and 50 3 foot wood stakes, 100 metal
6 inch staples, staple gun and staples. 375 feet $200
• Mulch—Could be free from your city compost area if you go and get it. Commonly $35 a yard
without delivery. Probably need 20-25 yards. One yard fits in a small pickup. 1 %2 yard in a
standard size pickup. $690
• Mulch without delivery $800 although you might get a price break on this in this quantity.
Delivery charges would be about $60 or more per load=— $120- $150
Cost Estimates
Aquatic Planting
These estimates reflect 3 separate planting areas each bordered by a 20 foot bio-log. In general the
planting areas could be thought of as 12 feet long and 4 foot wide. Length of bio-log may vary
depending on what is available and desired by residents
Time Estimates:
• Find, order plants,purchase materials arrange for pick up or delivery- $360 field
supervisor(rocks, stakes, fencing, supplies)
• Day 1: Install biologs - (FCI 3 people, 6 hours including drive time. CD or CF and Field
supervisor and summer help $1080). This time could be reduced if one or two strong
volunteers are willing to help!
• Day 1: Check plants delivered against order- field supervisor$60
• Day 1: Start planting as soon as bio log is installed. Planting will be done by volunteers and
supervised by FCI , 3 staff for 2 hours, $360
• Day 2: Volunteers finish planting, Optional supervised by field supervisor, $180
• Day 2 Volunteers install fencing or"poking" sticks, Optional supervised by field supervisor
$360
• Obtain Permits $300
Grant Agreement 011304 10
Aquatic Material Cost (Rough Estimates)
Plan A-Based on 3 areas, approximately 36' of shoreline total
This is a sturdier more complete approach to aquatic plant restoration
• Biologs, 12" diameter, 10—20 foot lengths, depending upon brand $11 - $13/ft+ delivery or
pick up fees. $700 - $900
• Stakes, 50- 2 x 2" 4' long wood stakes, $65
• Rope, 3/4 - 3/8", approx. 100'. $25
• Plants, 24 - 36 per 8 - 10' section, $2 - $4 each, 3 sections would total $200 - $300
• Plant and biolog delivery costs ($60 -150 per nursery)
• Fencing—muskrat and goose -3 foot chicken wire fencing and 50 3 foot wood stakes, 100
metal 6 inch staples, staple gun and staples. 100 feet $100
• Sticks for goose deterrent("poking sticks")—free, volunteers pick up from surrounding areas
• Rocks $20
Plan B-9 small planting clumps
This is a starter approach to aquatic plant restoration, better than nothing.
Plan B Material Estimates:
• Silt Fence, extra wood stakes to make 9 clumps of plants $75
• Plants, 5 per area x 9 areas =45 @ $2 - $4 each= $90-$180
• May need fencing or"poking" sticks on open side of silt fence.
• Rocks $20
Plan B Time Estimates:
• Find, order plants,purchase materials arrange for pick up or delivery- $240 field
supervisor(rocks, stakes, fencing, supplies)
• Install silt fence - $420
• Check plants delivered against order- field supervisor$30
• Obtain rock, stakes, silt fence $120
• Plant$400
• Plant Delivery $75
• Obtain Permits $300
NOTES: Delivery charges may be reduced if plants are purchased at the same time.
Grant Agreement 011304 12
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar June 3, 2008
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.VIII.F.
Community Development Calling for a Public Hearing to amend budget
& Financial Services: for Tax Increment Financing (TIF) District
Janet Jeremiah #15 — Summit Place Senior Housing
David Lindahl
Requested Action:
Move to: Adopt Resolution calling for a public hearing July 15,2008,to amend the Tax Increment Financing
Plan for Tax Increment Financing (TIF) District# 15 —Summit Place Senior Housing.
Synopsis:
As per their approved plan, Silvercrest Properties is proposing to add an 80 unit addition to their 265 units
Summit Place Senior Campus located on Flying Cloud Drive and Fountain Place Drive. This project is
within a Tax Increment District established in 1999 for the purpose of providing affordable rents on 20
percent of the total units. With the addition of 80 more units, another 14 units need to be affordable to
maintain TIF eligibility.
The existing TIF plan and budget will be amended to include the additional 14 units and Tax Increment
generated from the value of the new building.
State law requires that before a public hearing is held to establish a TIF District a resolution must first be
passed by the City Council for the hearing.
Background:
Summit Place is a 12 acre senior campus with a total of 345 units planned for the site. Phase I was completed in
2002 and includes 10 town house units and a 255 unit apartment building with a mix of assisted living and
independent units.
Details of the TIF plan will be presented to the City Council/HRA on July 15, 2008.
Attachments:
Resolution
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO. 2008-
A RESOLUTION CALLING FOR A PUBLIC HEARING ON APPROVAL OF A
MODIFICATION TO THE TAX INCREMENT FINANCING PLAN FOR TAX
INCREMENT FINANCING(QUALIFIED HOUSING)DISTRICT NO. 15
BE IT RESOLVED by the City Council of the City of Eden Prairie,Minnesota(the"City"),
as follows:
1. Proposed Modification to Financing Plan. By resolution HRA 99-2,dated July 20, 1999,the City
Council approved the tax increment financing plan(the "Financing Plan"),which established a tax
increment financing district, as defined in Minnesota Statutes, Section 469.174, subdivision 9,
designated as Tax Increment Financing (Qualified Housing) District No. 15 (the "District"). The
Housing and Redevelopment Authority in and for the City of Eden Prairie,Minnesota(the "HRA")
has prepared, and will present to the City for approval, a modification to the Financing Plan in
accordance with Minnesota Statutes, Section 469.175, subdivision 4. The proposed modification
will provide budget authority for the funding of additional affordable housing related project costs.
The level of affordable housing being supported by the District will be increased accordingly. It has
been proposed that the Board of Commissioners of the HRA and the City Council approve the
modification to the Financing Plan, and that this Council hold a public hearing on the modification
of the Financing Plan as required by Minnesota Statutes, Sections 469.175, subdivision 4.
2. Public Hearing. A public hearing is hereby scheduled to be held on the modification to the
Financing Plan at 7:00 p.m. on July 15, 2008, in the Council Chambers of the Eden Prairie City
Center, 8080 Mitchell Road, Eden Prairie, Minnesota. The City Clerk is hereby authorized and
directed to cause notice of such public hearing in substantially the form of Exhibit A hereto to be
published in the official newspaper of the City not less than 10 days prior to the date of the hearing,
and to provide the information required by Minnesota Statutes,Section 469.175,subdivision 2 to the
appropriate governmental bodies.
ADOPTED by the City Council on June 3, 2008.
ATTEST:
Phil Young, Mayor
Kathleen Porta, City Clerk
EXHIBIT A
NOTICE OF PUBLIC HEARING ON MODIFICATION OF TAX INCREMENT
FINANCING(QUALIFIED HOUSING) DISTRICT NO. 15
NOTICE IS HEREBY GIVEN that the City Council of the City of Eden Prairie will hold a
public hearing at 7:00 p.m. on July 15, 2008, in the Council Chambers of the Eden Prairie City
Center, 8080 Mitchell Road, Eden Prairie, Minnesota, to consider the modification of the Tax
Increment Financing Plan ("Financing Plan") for Tax Increment Financing (Qualified Housing)
District No. 15 (the "District"). The proposed modification will provide budget authority for the
funding of additional affordable housing related project costs. The level of affordable housing being
supported by the District will be increased accordingly.
A copy of the existing Financing Plan and proposed modifications thereto will be on file and
available for public inspection at the Office of the City Clerk at City Hall.
All interested persons may appear at the hearing and present their views orally or in writing.
Dated:
Kathleen Porta, City Clerk
CITY COUNCIL AGENDA DATE:
June 3, 2008
SECTION: Consent Calendar
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIILG.
Fire Department Authorize the refinancing of 85 set of protective
George F. Esbensen equipment(turnout gear) and NFPA compliant
service contract and the financing and purchase of
15 new sets of turn-out gear
Requested Action
Move to: Approve the refinancing of the existing lease with Republic First National to include the
financing of 15 additional sets of turn-out gear through a three year lease.
Synopsis
The Fire Department proposes to acquire 15 new sets of turn-out gear. In May 2006, 85 sets of
turn out gear were acquired from Metro Fire/Cairns Protective through a lease with Republic First
National.. Due to the planned expansion of the department, the City planned to add additional
turn-out gear to this contract. The attached Lease includes a refinancing through Republic First
National of the existing lease of 85 sets of turnout gear and the addition of 15 new sets.
Due to numerous changes occurring within NFPA(National Fire Protection Association) and the
fire service as a whole with regards to firefighter safety and protection, it was necessary to evaluate
our current methods of managing how we equip our personnel. The hazards which face
firefighters continue to intensify and the technology of protective equipment continues to evolve.
Because the costs associated with this type of change are expensive the fire department has
reviewed many paths to accomplish what has become a necessity. The year-long process involved
third party research, factory visits, feedback from other departments and internal discussions
regarding this unique approach to meeting the needs of the department and the City. Metro
Fire/Cairns Protective clothing have successfully fulfilled our expectations and have done so with
an aggressive cost structure that allowed us to remain within our budget through the 2007 budget
cycle.
The proposal addresses the following:
1. All Eden Prairie Firefighters will be brought up to the current 2006 NFPA standards with
regard to the protective structural firefighting equipment.
2. The new NFPA 1851 standard that requires cleaning, maintenance and testing of the gear on a
twice yearly basis is fulfilled including all data tracking and records storage and reporting by
individual firefighter by the supplier.
3. Price guarantees for additional gear.
4. A financing program which allows for all firefighters to be brought to this current level of
protection while still maintaining current budget allocations.
5. Going forward the budget allocation for this line item will be easier to forecast which will
improve the accuracy of the budget as a whole.
Attachments
Financing agreement
REPUBLIC 2525 West State Road 114
"' `:"" Rochester, IN 46975
(800)700-7878
r '-.
111h Fax(800)865-8517
FIRST NATIONAL Fax
When results matter.
Lessee: City of Eden Prairie
Address: 8080 Mitchell Road,Eden Prairie, MN 55344
Lease Number: 0522HEDEN
Date of Lease: 05/22/08
Description of Equipment: Please See Exhibit A
Acceptance Certificate
The undersigned Lessee, upon endorsement of invoice(s) approving payment, acknowledges receipt in good condition of all the
Equipment described in this Lease and accepts the Equipment in accordance with the terms and conditions of this Lease;and agrees that
Lessor has fully and satisfactorily performed all covenants and conditions to be performed by it under the Lease.
By: k Title: x
Printed Name: ) Date: x
1. COVENANTS: Lessee represents,covenants and warrants that(a)It is a public body corporate and politic,or qualified volunteer fire department,or
other qualified entity.(b)It is a"tax-exempt issuer"within the meaning of the Internal Revenue Code Sections 103 and/or 147 and/or 150 and has complied
with all terms and conditions therein stated. (c) It is authorized by all applicable laws to make, and perform under, this Lease, (d) The equipment is
essentially needed for its proper, efficient and economic operation, (e)At the time of making the Lease, sufficient funds were appropriated to fulfill the
obligations of the current fiscal year,and(f)Lessee has not previously terminated a lease for non-appropriation, except as specifically described in a letter
appended hereto.
2. PAYMENTS: The payments shall be payable in the amounts and on the dates set forth in the attached Exhibit"Schedule of Payments"until the total
payments and all other obligations are paid in full. All payments shall be made to the Lessor at its address or at such other place as Lessor may designate
in writing.
3. PURCHASE OPTION:After making all required payments, Lessee may purchase the equipment for$1.00. At any other time, Lessee may purchase
the Equipment for the then applicable"Early Term/Purchase Option"shown in the amortization schedule furnished by Lessor.
4. NON-APPROPRIATION: If Lessee is not allotted funds for the next Fiscal Period to continue the payments under this Lease,Lessee may terminate this
lease at the end of the then current Fiscal Period, by giving ninety(90)days written notice to Lessor, and enclosing therewith a sworn statement by the
Chief Financial Officer and Secretary of Governing Board of the Lessee that the foregoing conditions exist. In this sole event, Lessee shall not be
obligated to make payments beyond the end of the then current Fiscal Year. Upon the occurrence of this event, Lessee agrees, if requested,to provide
Lessor with an opinion of its counsel relating to the circumstances of non-appropriation. Lessee shall,at its sole expense, both restore the Equipment to its
original condition,allowing for reasonable wear and tear,and return it to the Lessor,or to a place designated by the Lessor.
5. PAYMENTS UNCONDITIONAL: Lessee has examined, tested and accepted the equipment covered by this lease. As long as funds have been
legally appropriated, it will not fail to make agreed payments, regardless of loss, damage, destruction, malfunction or disrepair of the equipment, or
dispute with the vendor for any other reason.
6. DISCLAIMER OF WARRANTIES: LESSOR MAKES NO WARRANTY, EXPRESS OR IMPLIED,AS TO ANY MATTER WHATSOEVER, INCLUDING
THE CONDITION OF THE EQUIPMENT, ITS MERCHANTABILITY OR ITS FITNESS FOR ANY PARTICULAR PURPOSE, AND, AS TO LESSOR,
LESSEE LEASES THE EQUIPMENT "ASIS". UNDER NO CIRCUMSTANCES SHALL LESSOR BE RESPONSIBLE FOR ANY INCIDENTAL OR
CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS LEASE AND/OR THE EQUIPMENT THEREUNDER. Lessor, or any successor assignee,
shall not be responsible for any consequential or special damages arising from the leasing,use or ownership of the equipment.
7. SIGNATURE: Each signer warrants that he/she is fully'conversant with relevant legal and regulatory provisions, and has full power to bind
Lessee and Lessor,respectively.
8. GENERAL TERMS AND CONDITIONS(a)TITLE: Title to the'Equipment shall remain with Lessee.To secure the payment of all Lessee's obligations
under this Agreement, Lessee grants to Lessor a security interest constituting a first lien on the Equipment and on all additions,attachments,accessions,
that are considered to be an integral part of the equipment,and substitutions thereto, and on any proceeds therefrom, until Lessee has made all required
payments or exercised its earlier option to purchase. The equipment is,and will remain personal property and will not be deemed to be affixed or attached
to real estate or any building thereon.
LESSEE: City of Eden Prairie LESSOR: Republic First National Corporation
Signature% Signature
Title Title
Date X Date
SEE ADDITIONAL PAGES FOR ADDITIONAL TERMS AND CONDITIONS
GENERAL TERMS AND CONDITIONS
(b) REPAIRS: Lessee,at its sole expense,shall maintain the Equipment in good operating condition and state of repair. The payments specified herein
do not include maintenance or repair services or repair or replacement parts for the Equipment,unless separately stated.
(c) TAXES: STATE AND LOCAL TAXES; In addition to payments specified herein, Lessee shall promptly pay all taxes, assessments and other
governmental charges(including penalties, interest, recording and registration fees, if any)levied or assessed: (1)upon the Lessee's interest in,or use or
operation of, or earnings arising from, the Equipment;and (2)against Lessor,on account of Its ownership, use or operation, leasing to the Lessee,of the
Equipment, or receipt of payments of earnings from it, exclusive, however, of taxes based on net income of Lessor. FEDERAL INCOME TAX
REPORTING REQUIREMENTS- Lessee acknowledges that its compliance with the reporting requirements of the Internal Revenue Code is essential to
the exemption from Federal Income tax of the interest portion of payments made by Lessee hereunder. Accordingly, Lessee agrees that its failure to
comply with those requirements provided in paragraph (i) below, shall entitle Lessor and any of its assignee(s)to be indemnified and held harmless of
Lessee for all costs, liabilities, damages, expenses, taxes and penalties (including Federal income tax penalties and interest)incurred as a result of such
failure, which amount Lessee agrees to pay upon written demand therefor. FEDERAL INCOME TAX EXEMPTION STATUS - Lessee certifies that it
reasonably antidpates that not more than$10,000,000 of"qualified tax-exempt obligations"(as that term is defined in Section 265(b)3(ID)of the Internal
Revenue Code,as amended by the Tax Reform Act of 1986,(the"Code")will be issued by it and subordinate entities during the calendar year in which the
Lease begins. Further, Lessee will, by resolution, designate the Lease as comprising a portion of the$10,000,000 in aggregate issues to be designated as
"qualified tax-exempt obligations"eligible for the exception contained in Section 265(b)3(ID)of the Code allowing for an exemption to the general rule of
the Code which provides for a total disallowance of a deduction for interest expense allocable to the carrying of tax exempt obligations. CERTIFICATE AS
TO ARBITRAGE The Agreement was issued by the Lessee under and pursuant to law to finance the acquisition of certain equipment described herein.
The Lessee is entitled to receive said equipment in consideration for its obligation to make Rental Payments under this Agreement.The Equipment will be
used in furtherance of the public purposes of the Lessee.The Lessee has not covenanted not to sell or otherwise dispose of the equipment during the term
of this Agreement.The Lessee will not receive any monies,funds,or other"proceeds"as a result of the Agreement.The Lessee expects to make payments
under this Agreement from its general funds on the basis of annual appropriations in amounts equal to the required payments hereunder, The remaining
general funds of the Lessee are not reasonably expected to be used to make such payments and no other monies are pledged to the payment of Rental
Payments or other payments under this Agreement,or are reasonably expected to be used to pay principal and interest hereunder. No reserve fund has
been established to make such payments. The Lessee has not received notice that its Arbitrage Certificate may not be relied upon with respect to its
issues nor has it been advised that any adverse action by the Commissioner of Internal Revenue is contemplated. On the basis of the facts and
expectations set forth above, the obligations of the Lessee hereunder will not constitute an"Arbitrage Bond"under Section 1.48 of the Internal Revenue
Code of 1986,as amended.
(d)INSPECTION: Lessor shall have the right to enter the premises where the Equipment is located at all reasonable times,to inspect the Equipment and
otherwise determine Lessee's compliance with the terms of this Lease.
(e)ALTERATIONS: Lessee shall make no alterations or affix any attachments to the Equipment without the prior consent of Lessor.
(f)THIRD-PARTY INJURY: Lessor shall not be liable for injury to any person or damage to property resulting directly or indirectly from the operation or use
of the Equipment. Lessee shall indemnify and save Lessor and its assignee(s) harmless from and against any loss,damage, liability, or expenses
(including attorneys'fees)claimed with respect to injury to any person or damage to property resulting directly from the operation or use of the Equipment.
(g)NON-ASSIGNABILITY BY LESSEE: This Lease is personal to Lessee. Lessee shall not assign,sub-lease,transfer or otherwise encumber its rights in
and to this Lease or the Equipment without the prior written consent of the Lessor.
(h)RISK OF LOSS: Lessee shall have the risk of loss, damage or destruction of the Equipment during the term of the Lease. In such event,Lessee shall
either(1)restore the equipment to good repair,condition and working order,in which event this Lease shall remain in full force and effect without abatement
of payments,or(2)pay to Lessor an amount equal to the Remaining Balance(plus interest,to the date of payment,at 12%per annum)immediately prior to
the loss,damage or destruction,in which event this Lease shall terminate as to the Equipment for which such payment is made at the time such payment is
made.
(i)DEFAULT: In the event of default by Lessee,in the payment of any sums due under this Lease within ten(10)days after they are due,or receivership,
insolvency, or proceedings by or against Lessee under the bankruptcy laws,or Lessee's failure to observe or perform any other required provision of this
Lease,and such default continues for fifteen(15)days after written notice thereof, by Lessor,to Lessee, Lessor shall have the right to exercise any one of
more to the following remedies: (1) to declare all sums due and to become due hereunder,during the Lessee's current fiscal period,immediately due and
payable,without notice or demand to Lessee;(2)to sue for and recover all payments then accrued or thereafter accruing with respect to the Equipment;(3)
to take possession of the Equipment without demand or notice wherever it may be located,with or without legal process,and retain it free from any claims
of Lessee whatsoever; (4)to terminate this Lease; or(5)to pursue any other remedy at law or in equity. Notwithstanding any repossession or any other
action which Lessor may take,Lessee shall remain liable for the full performance of all of its obligations under this Lease unless Lessor elects,at its option,
to sell or re-lease any of the repossessed Equipment to a third party,in which event the net proceeds of such sale or lease,less Lessor's expenses incurred
in connection therewith,including attorneys'fees,shall be applied to the total amount due by Lessee under this Lease,and Lessee shall be obligated to pay
Lessor any deficiency. All of the foregoing remedies are cumulative and may be exercised concurrently or separately. Lessee shall pay all costs and legal
expenses incurred by Lessor in collecting or attempting to collect,any sums due hereunder or in securing possession of the Equipment. Lessee consents
to the personal jurisdiction of the courts,and the applicability of the laws,of the State of Indiana with respect to any dispute arising out of the Lease.
(j)ASSIGNMENT BY LESSOR: This Lease,the Equipment and any payments by Lessee due or to become due under it, may be assigned or otherwise
transferred, either in whole or in part, by Lessor and its assignee, without affecting any obligations of Lessee, and in such event Lessor's transferee or
assignee shall have all the rights,powers,privileges and remedies of Lessor hereunder to the extent of such transfer or assignment. Any assignee's rights
shall be free from all defenses,set-offs or counterclaims which Lessee may be entitled to assert against Lessor. No assignee shall be obligated to perform
any duty or condition required to be performed by Lessor under the terms of this Lease.
(k) ADMINISTRATIVE SUPPORT: Lessee may, from time to time, be required to file, or assist in the filing of, reports.to regulatory and/or taxing
authorities,which may be necessary to establish, perfect or maintain the legality and/or tax-exempt status of this Lease, or to execute documents needed
for Lessors'financing. Lessee promises to promptly make such filings or to render such assistance as may,from time to time, be reasonably requested by
Lessor or its Assigns, and to indemnify and hold harmless Lessor or its assigns from any cost, expense or other damage caused by its failure to do so.
Lessee hereby further authorizes Lessor to file UCC-1 financing statements without Lessee's signature, and to fill in dates and other obvious minor
corrections on this Lease. Lessee hereby agrees and does hereby appoint Lessor or its agents its true and lawful attorney-in-fact to prepare, execute and
sign any instrument or financing statement necessary to protect Lessor's interest in the Equipment subject hereto,and to sign the name of Lessee with the
same force and effect as if signed by Lessee,and to file same at the proper location or locations. Lessee further agrees,if Lessor so requests,to execute
any instrument or financing statement necessary to protect Lessor's interest in the Equipment.
(I)SEVERABILITY: Any term or provision of this Lease found to be prohibited by law or unenforceable shall be Ineffective to the extent of such prohibition or unenforceability without,to the extent reasonably possible,invalidating the remainder of the Lease.
(m)ENTIRE AGREEMENT: This Lease constitutes the entire agreement between the parties regarding the Equipment,and there are no representations,
warranties, promises, guarantees or agreements, oral or written, expressed or implied, between the parties hereto with respect to the Lease. No
modification or amendment hereof shall be binding upon the Lessor unless made in writing and executed on behalf of Lessor by its duly
authorized officer or agent.
Insurance Coverage Requirements
We hereby instruct the insurance agent named below:
Name:
Address:
City, State, Zip:
Phone Number: Fax Number X
to Issue: a. All Risk Physical Damage Insurance on the leased equipment evidenced by a Certificate of Insurance and Long Form
Loss Payable Clause naming"Old National Bank", its nominees or assigns,as Loss Payee.
Coverage Required: Full Replacement Value; b. Public Liability Insurance evidenced by a Certificate of Insurance naming
"Old National Bank"as an additional insured. Minimum Coverage Required: $500,000 per person,$1,000,000
aggregate bodily injury liability,$300,000 property damage liability.
Proof of insurance coverage will be provided to Republic First National Corporation prior to the time that the Equipment is
delivered to us.
CERTIFICATE OF INCUMBENCY AND RESOLUTION
I do hereby certify that I am the duly elected or appointed and acting Secretary/Clerk of the Lessee, a political subdivision or agency
duly organized and existing under the laws of the State that I have custody of the records of such entity, and that the individual(s)
signing this Lease, and all documents, pertaining thereto, is(are)a duly elected or appointed officer(s)of such entity. I further certify
that (I) the signature(s) is (are) true and authentic and (II) such officer(s) has (have) the authority of behalf of such entity and by
resolution of its governing body to enter into this Municipal Lease Agreement.
IN WITNESS WHEREOF, I have duly executed this certificate this day of X ,20 X
Secretary/Clerk Signature x
Printed Name Y
OPINION OF LESSEE'S COUNSEL
As Counsel for City of Eden Prairie, it is my opinion that:
(a) Lessee is a political subdivision of the State or qualified volunteer fire department or other qualified entity within the .
meaning of Section 103 and/or 147 and/or 150 of the IRS Code,its related rulings and regulations. It is duly organized,
existing and operating under the constitution and laws of the State.
(b) The Lease has been duly authorized and has been executed by an authorized representative.
(c) The Lease creates a legal,valid and binding obligation of the Lessee and that such Lease is enforceable in
accordance with its terms.
(d) The equipment covered by the Lease is not being used for other that a public purpose.
(COUNSEL FOR LESSEE'
Signature
Print Name
Date:
Firm Name
Address City St Zip
Phone Number Fax Number
Exhibit A
Description of Equipment
Quantity Description
15 Cairns Protective Clothing Reaxtion Style Jackets
16 Cairns Protective Clothing Reaxtion Style Pants
85 Refinanced Sets of Cairns Fire Fighting Turnout Gear
Initials ;(
Payment Schedule
City of Eden Prairie
Lease No, 0522HEDEN
Cost of Equipment: $123,076,22
AMORTIZATION SCHEDULE- Normal Amortization, 360 Day Year
Payment Payment Payment Interest Principal Early Termination
Number Date Amount Portion Portion Purchase Option
1 4/1/2009 $44,851,78 $5,275,17 $39,576.61 $85,002.60
2 4/1/2010 $44,851,78 $4,103,1,7 $40,748,61 $43,520.52
3 4/1/2011 $44,851.78 $2,100.78 $42,751.00 $0.00
Grand Totals $134,555.34 $11,479.12 $123,076.22
Lessee: City of Eden Prairie
By: X
Title: k
Date: X
Form 8038-G Information Return for Tax-Exempt Governmental Obligations
► Under Internal Revenue Code section 149(e) OMB No.1645-0720
(Rev, November 2000) ► See separate Instructions,
Department of the Treasury Caution: If the Issue price is under$100,000, use Form 8038-GC,
Internal Revenue Service
Part I Reporting Authority If Amended Return, check here ► ❑
1 Issuer's name 2 Issuer's employer identification number
City of Eden Prairie 41 10855460
3 Number and street(or P.O, box if mail is not delivered to street address) Room/suite 4 Report number
8080 Mitchell Road 3
5 City,town,or post office,state, and ZIP code 6 Date of issue
Eden Prairie,MN 55344
7 Name of issue 8 CUSIP number
9 Name and title of officer or legal representative whom the IRS may call for more information 10 Telephone number of officer or legal representative
Sue Kotchevar,Chief Financial Officer ( 952 ) 949-8386
Part II Type of Issue(check applicable box(es) and enter the issue price) See instructions and attach schedule
11 ❑ Education 11
12 ❑ Health and hospital 12
13 0 Transportation 13
14 I Public safety 14 $123,076.22
15 ❑ Environment(including sewage bonds) 15
16 ❑ Housing 16
17 ❑ Utilities 17
18 ❑ Other. Describe ► 8 19 If obligations are TANS or RANs, check box 10- ❑ I' El %/////////If obligations are BANs, check box ji
20 If obligations are in the form of a lease or installment sale, check box ►
Part III Description of Obligations. Complete for the entire issue for which this form is being filed,
(c)Stated redemption (d)Weighted (e)Yield
(a)Final maturity date (b)Issue price price at maturity average maturity
21 $ $ years %
Part IV Uses of Proceeds of Bond,Issue (including underwriters' discount)
22 Proceeds used for accrued interest 22
23 Issue price of entire issue(enter amount from line 21, column (b)) 23 $123,076.22
24 Proceeds used for bond issuance costs(including underwriters'discount) . 24
25 Proceeds used for credit enhancement 25
26 Proceeds allocated to reasonably required reserve or replacement fund . , 26
27 Proceeds used to currently refund prior issues 27
28 Proceeds used to advance refund prior issues 28
29 Total (add lines 24 through 28) 29
30 Nonrefunding proceeds of the issue (subtract line 29 from line 23 and enter amount here). . 30
Part V Description of Refunded Bonds(Complete this part only for refunding bonds.)
31 Enter the remaining weighted average maturity of the bonds to be currently refunded , . . ► years
32 Enter the remaining weighted average maturity of the bonds to be advance refunded . , ► years
33 Enter the last date on which the refunded bonds will be called ►
34 Enter the date(s)the refunded bonds were issued 10-
Part VI Miscellaneous
35 Enter the amount of the state volume cap allocated to the issue under.section 141(b)(5) • 35
36a Enter the amount of gross proceeds invested or to be invested in a guaranteed investment contract(see instructions) ,�33�666�a $123,076.22
b Enter the final maturity date of the guaranteed investment contract 10- !/
37 Pooled financings: a Proceeds of this issue that are to be used to make loans to other governmental units 37a
b If this issue is a loan made from the proceeds of another tax-exempt issue, check box ► ❑ and enter the name of the
issuer ► and the date of the issue►
38 If the issuer has designated the issue under section 265(b)(3)(B)(i)(lI1) (small issuer exception), check box . . , ►
39 If the issuer has elected to pay a penalty in lieu of arbitrage rebate, check box ► ❑
40 If the issuer has identified a hedge, check box ► ❑
Under penalties of perjury,I declare that I have examined this return and accompanying schedules and statements,and to the best of my knowledge
and belief,they are true,correct,and complete.
Sign
Here ' )4 k X
Signature of issuer's authorized representative Date 'Type or print name and title
For Paperwork Reduction Act Notice, see page 2 of the Instructions. Cat.No.637735 Form 8038-G (Rev.11-2000)
REPUBLIC
2525 West State Road
,�� �,{; Rochester,IN 46975
800-700-7878
( " fax:800-865-8517
1
FIRST NATIONAL
When results matter.
GOVERNMENT CERTIFICATE OF EXEMPTION
TO: Republic First National Corp.
2525 West State Road 114
Rochester, IN 46975
The undersigned hereby certifies that the purchases of tangible personal property or
services being made on this certificate of exemption are being made by the State of Minnesota or
a county or municipality within the State of Minnesota, or the Federal Government, or an agency
thereof, and are for the use of such government or agency.
The undersigned also certifies that the leasing of the Equipment is exempt from all sales
and use taxes against either the Lessor or the Lessee during the term of the Lease and the
Equipment will be exempt from all state and local personal property.
Name of government or agency: City of Eden Prairie
Date: Signed
Tax ID No Title
www.republicfirstnational.corn
REPUBLIC
2525 West State Road 114
Rochester,IN 46975
800-700-7878
(,t`-' � fax:800-865-8517
FIRST NATIONAL
When results matter.
INVOICE INSTRUCTIONS
Please fill in the address that invoices for the payments should be sent to:
Person/Department: X
Name of Lessee:
Street/P.O. Box: )(
City, State, Zip:
Municipal Lease Purchase Agreement between Republic First National Corporation as
•
Lessor and City of Eden Prairie as Lessee dated 05/22/08.
Equipment Description: Please See Exhibit A
Name and phone number of person to contact if payment is not received by due date:
Name: X
Phone Number:)(( }
Please fill in the address where the equipment can be located:
Person/Department:\
Name of Lessee:"
Street: �{
City, State, Zip:'
County:
www.republicfirstnational.com
REPUBLIC
2525 West State Road 114
Rochester,IN 46975
800-700-7878
IA 0.. fax:800-865-8517
FIRST NATIONAL
When results matter.
NOTICE OF ASSIGNMENT
May 28,2008
Sue Kotchevar
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344
RE: Municipal Lease Purchase Agreement, dated as of 05/22/08 (the"Agreement")between
Republic First National Corporation("Lessor") and City of Eden Prairie("Lessee").
Dear Sue:
Please be advised that Republic First National Corporation has assigned all its right,title and
interest in,to and under the above referenced Municipal Lease Purchase Agreement(the
"Agreement"),the Equipment leased thereunder and the right to receive Rental Payments
thereunder to the following assignee:
Old National Bank,P. O.Box 658,Evansville, IN 47704-0658
Rental Payments of$44,851.78 and payment of the Purchase Price due under the Agreement
should be made to the Assignee at the above address. Please contact your insurance company to
substitute the name of the above Assignee as the Loss Payee and Additional Insured.
Sincerely, ACKNOWLEDGED AND ACCEPTED:
City of Eden Prairie
Republic First National Corporation By x
Title
BY:
Date:
TITLE:
Phone:•
www.republicfirstnationaLcom
REPUBLIC
2525 West State Road 114
Rochester,IN 46975
800-700-7878
fax:800-865-8517
�F111
FIRST NATIONAL
When results matter.
PAYMENT REQUEST FORM I ACCEPTANCE CERTIFICATE
We have received, examined and accepted the equipment covered by this invoice and approve payment of
the full amount stated herein in accordance with the terms of the Lease Agreement which Lessee has
executed with Republic First National Corporation.
Payee: Metro Fire
Amount: $30,699,80
Equipment Description: Fifteen (15) Cairns Protective Clothing Reaxtion Style
Jackets, Sixteen (16) Cairns Protective Reaxtion Style
Pants and Eighty-five (85) Sets of Refinanced Cairns
Turnout Gear
LESSEE: City of Eden Prairie
Signature: )(
Title: X
Date:1.
www.republicfirstnational com
REPUBLIC
2525 West State Road 114
Rochester,IN 46975
% 800-700-7878
a fax:800-865-8517
Tyr
FIRST NATIONAL
When results matter.
PAYMENT REQUEST FORM I ACCEPTANCE CERTIFICATE
We have received, examined and accepted the equipment covered by this invoice and approve payment of
the full amount stated herein in accordance with the terms of the Lease Agreement which Lessee has
executed with Republic First National Corporation, •
Payee: Old National Bank
Amount: $92,376,42
Equipment Description: Payoff Existing Lease Purchase Agreement
LESSEE: City of Eden Prairie
Signature: )(
Title: X
Date: \
www.repubiicfirstna tionaL com
CITY COUNCIL AGENDA DATE:
SECTION: Consent Agenda June 3 , 2008
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.H.
Richard F. Rosow Lone Oak Center Development Agreement,
City Attorney Turn Lane Improvements, Ratification of
Declaration of Default
Requested Action
Move to: Ratify Declaration of Default by Lone Oak Center, LLC under Lone Oak Center
Development Agreement Dated March 21, 2006.
Synopsis:
Section 20 of the Lone Oak Center Development Agreement dated March 21, 2006 (the
"Development Agreement") required Lone Oak Center, LLC ("Lone Oak") complete turn lane
improvements. Granite Re, Inc. ("Granite") issued Performance Bond No. GRMN25127A (the
"Bond") in favor of the City. The Bond names Lone Oak as contractor. The Bond was issued in
connection with the turn lane improvements required by the Development Agreement. The final
lift of bituminous has not been applied and a number of punch list items have not been
completed.
On October 22, 2007, the City placed Granite and Lone Oak on notice,pursuant to Section 3.1 of
the Bond, that the City was considering declaring Lone Oak in default of its obligations under
the Development Agreement.
Pursuant to Section XX of Exhibit C of the Development Agreement, the City has the right to
complete in whole or part all of the developer's obligations under the Development Agreement
for which a bond, letter of credit, cash deposit or other security was required, if the developer
defaults with respect to any term or condition in the Development Agreement for which the
security is required and fails to cure such defaults within ten (10) days after receipt of written
notice thereof from the City.
The City Engineer determined that Lone Oak was in default for failure to complete the turn lane
improvements. By letter dated May 30, 2008, and pursuant to Section XX of Exhibit C of the
Development Agreement, the City Attorney informed Lone Oak Center, LLC that the City
declared Lone Oak in default under the Development Agreement. If the default is not cured
within ten (10) days of this letter, the City may complete the turn lane improvements and make a
claim against the Bond for reimbursement. The City Council is requested ratify the Declaration
of Default of Lone Oak.
Attachments
Notice of Default dated May 30, 2008.
GREGERSON, ROSOW, JOHNSON & NILAN, LTD.
ATTORNEYS AT LAW
650 THIRD AVENUE SOUTH
SUITE 1600
DAVID H.GREGERSON* M INN EAPOLIS,M INN ESOTA 55402-4337 ROBERT I.LANG.OF COUNSEL
RICHARD F.ROSOW+ TELEPHONE:(612)338-0755 ROGER A.PAULY,OF COUNSEL
MARK J.JOHNSON FAX: (612)349-6718
JOSEPH A.NILAN* w'w'w.GRJN.COM *Also admitted in Wisconsin
SIIRA B.GUNDERSON tAlso admitted in North Dakota
JENNIFER M.INZ +MSBA Board Certified Real Property Specialist
DANIEL R.GREGERSON
KRISTY L.WARNEN
DAVIDD.HEIM Writer's Direct Dial: 612-436-7472
JENNIFER M.SPALDING Writer's E-mail: :igunderson(Cegrja.com
DAVIS A.KESSLER
May 30, 2008
Frank Vikingstad
Lone Oak Center, LLC
Union Plaza, #206
333 Washington Ave. North
Minneapolis, MN 55401
Re: Notice of Default on the Lone Oak Center Development Agreement
Lone Oak Center, LLC
GRJN File No.: 1610.477
Dear Mr. Vikingstad:
This office serves as City Attorney for the City of Eden Prairie (the "City"). This letter
regards the turn lane improvements at the Lone Oak Center, which are set forth in Section 20 of
the Lone Oak Center Development Agreement dated March 21, 2006 (the "Contract"). Granite
Re, Inc. ("Granite") issued Performance Bond No. GRMN25127A (the "Bond") in favor of the
City. The Bond names Lone Oak Center, LLC ("Lone Oak") as contractor. The Bond was issued
in connection with the turn lane improvements required by the Contract. As of the date of this
letter, the final list of bituminous has not been applied and a number of punch list items have not
been completed.
On October 22, 2007, the City put Granite and Lone Oak on notice, pursuant to Section
3.1 of the Bond, that the City was considering declaring Lone Oak in default of its obligations
under the Contract. The City requested a conference with both Lone Oak and Granite pursuant to
the Bond. Granite agreed that the City could reserve its right to schedule such a conference at a
future date if Lone Oak failed to perform the Contract.
Pursuant to Section XX of Exhibit C of the Contract, the City has the right to complete in
whole or part all of the developer's obligations under the Contract for which a bond, letter of
credit, cash deposit or other security was required, if the developer defaults with respect to any
term or condition in the Contract for which the security is required and fails to cure such defaults
GREGERSON, ROSOW, JOHNSON & NILAN
Frank Vikingstad
May 30, 2008
Page 2
within ten (10) days after receipt of written notice thereof from the City. By this letter, and
pursuant to Section XX of Exhibit C of the Contract, the City hereby declares Lone Oak Center,
LLC in default under the Contract. If the default is not cured within ten (10) days of this letter,
the City may complete the turn lane improvements and make a claim against the Bond for
reimbursement.
Very,truly yours,
tiL AA hi
Snra B. Gunde on
SBG/hslr
cc: Jonathan Pate
Richard F. Rosow, Esq.
P:.Home l610.477,C'onespondence-Out\2008 05 29-Vikingstad-Notice of Default.doc
GREGERSON, ROSOW, JOHNSON &NILAN
Frank Vikingstad
May 30, 2008
Page 3
bcc: Randy Newton
CITY COUNCIL AGENDA DATE: June 3, 2008
SECTION: Public Hearings
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.A.
Community Walgreens
Development/Planning
Janet Jeremiah
Michael Franzen
Requested Action
Move to:
• Close the Public Hearing; and
• Adopt the Resolution for Planned Unit Development Concept Review on 2.42 acres; and
• Approve 1st Reading of the Ordinance for Planned Unit Development District Review with
waivers, and Zoning District Amendment in the C-Reg Service District on 1.21 acres; and
• Adopt the Resolution for Preliminary Plat on 1.21 acres into 1 lot; and
• Direct Staff to prepare a Development Agreement incorporating Staff and Commission
recommendations and Council conditions.
Synopsis
The plan is for a 14,580 square foot Walgreens drug store. The project requires setback waivers
as a result of providing additional right of way for future road improvements in the Major Center
Area Plan and to accommodate cross access parking.
Background Information
The 120-Day Review Period Expires on July 28, 2008.
Planning Commission Recommendation
The Planning Commission voted 7-0 to recommend approval of the project at the May 12, 2008
meeting with direction to revise the parking dimensions in front of Midas and Checkers to meet
city code, relocate the trash enclosure to the southwest corner of the site, and modify the
landscape plan to include a decorative fence with stone columns and additional shrub plantings.
These items have been included in the revised plans.
Attachments
1. Resolution -PUD
2. Resolution—Preliminary Plat
3. Staff Report
4. Location Map
5. Zoning Map
6. Land Use map
7. Planning Commission minutes
WALGREENS
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO. 2008-
A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT
CONCEPT OF WALGREENS
FOR FLYING EQUITIES,LLC
WHEREAS,the City of Eden Prairie has by virtue of City Code provided for the
Planned Unit Development (PUD) Concept of certain areas located within the City; and
WHEREAS, the Planning Commission did conduct a public hearing on May 12, 2008,
on Walgreens by Flying Equities, LLC and considered their request for approval of the PUD
Concept plan and recommended approval of the request to the City Council; and
WHEREAS,the City Council did consider the request on June 3rd , 2008.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie,
Minnesota, as follows:
1. Walgreens,being in Hennepin County, Minnesota, legally described as outlined
in Exhibit A, is attached hereto and made a part hereof.
2. That the City Council does grant PUD Concept approval as outlined in the plans
stamp dated June 3, 2008.
3. That the PUD Concept meets the recommendations of the Planning Commission
May 12, 2008.
ADOPTED by the City Council of the City of Eden Prairie this 3rd day of June, 2008.
Phil Young, Mayor
ATTEST:
Kathleen A. Porta, City Clerk
EXHIBIT A
PUD Concept- (Walgreens)
Legal Description:
Parcel 1:
Lot 4, Block 1, The Preserve Commercial Park North 4th Addition, Hennepin County, Minnesota.
Abstract Property
Parcel 2:
Lot 5, Block 1, The Preserve Commercial Park North 4th Addition, together with the appurtenant
easements contained in Document No. 4908092, Hennepin County, Minnesota.
Abstract Property
WALGREENS
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2008-
RESOLUTION APPROVING THE PRELIMINARY PLAT
OF WALGREENS FOR FLYING EQUITIES, LLC
BE IT RESOLVED,by the Eden Prairie City Council as follows:
That the preliminary plat of Walgreens for Flying Equities, LLC stamp dated June 3, 2008, and
consisting of 1.21 acres into one lot and road right-of-way, a copy of which is on file at the City
Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting
ordinances, and amendments thereto, and is herein approved.
ADOPTED by the Eden Prairie City Council on the 3rd day of June, 2008.
Phil Young , Mayor
ATTEST:
Kathleen A. Porta, City Clerk
STAFF REPORT
TO: Planning Commission
FROM: Scott A. Kipp, Senior Planner
THROUGH: Michael D. Franzen, City Planner
DATE: May 9, 2008
SUBJECT: Walgreens
APPLICANT/
OWNER: Flying Equities, LLC
LOCATION: 8240 Flying Cloud Drive
120 DAY REVIEW: Expires July 28, 2008
REQUEST:
1. Planned Unit Development Concept Amendment on 2.42
acres
2. Planned Unit Development District Review with waivers
on 1.21 acres
3. Zoning District Amendment within the Commercial
Regional Service District on 1.21 acres
4. Preliminary Plat of 1.21 acres into one lot and road right-
of-way
5. Site Plan Review on 1.21 acres
BACKROUND
This site is part of a 1984 planned development called the Eden Car Care Center. The
attached plan shows several buildings including a car wash and a convenience-gas
totaling 19,064 square feet. The City granted variances for lot size, setback and parking
based on a plan for auto related uses only. The approved plan showed 75 spaces on site.
MAJOR CENTER AREA
This site is in Area 2 of the MCA plan. This portion of Area 2 is planned for community
retail, service, and office uses in one or two story buildings.
Staff Report—Walgreens
May 9, 2008
Page 2
PROJECT
The plan is for a 14,580 square foot Walgreens drug store. The base area ratio is .20. The
code permits a .20 base area ratio.
PARKING
The required parking is 55 spaces. The plan shows 57 spaces.
The Walgreens plan impacts access and number of parking spaces on the adjoining
properties. Checkers and Midas were approved for a total of 48 spaces. The revised
planned development reduces this amount to 26 spaces.
The total available parking for all of the existing and proposed uses is 90 spaces.
Available parking should work provided Walgreens shares some of their parking and the
other existing uses remain auto related.
If the car wash, Checkers, and Midas sites are combined and redeveloped in the future for
general retail use, a 14,000 square foot single story building and 70 parking spaces could
be built.
The nonconforming parking dimensions in front of Midas and Checkers should be
changed to meet city code for 63-feet curb to curb dimension.
PLANNED UNIT DEVELOPMENT WAIVERS
The project requires the following waivers. These are the result of providing additional
right-of-way for future road improvements in the Major Center Area Plan and to
accommodate cross access parking.
1. Front yard setback to building from 35 feet to 16 feet along Regional Center Rd.
2. Front yard setback to parking from 35 feet to 12 feet along Flying Cloud Dr.
3. Front yard setback to parking from 17.5 feet to 4 feet along Regional Center Rd.
4. Rear yard setback to parking from 10 feet to 0 feet along south property line.
5. Accessory structure setback(trash enclosure) from 35 feet to 8 feet along
Regional Center Rd.
6. Pylon sign setback from 20 feet to 6 feet along Flying Cloud Dr.
ARCHITECTURE
The building meets the exterior material requirements for 75% face brick, glass, and
natural stone.
LANDSCAPING
2
Staff Report—Walgreens
May 9, 2008
Page 3
The caliper inch requirement is 45 inches. The plan meets the landscape requirement.
Tree replacement is 120 inches. The plan does not meet the tree replacement requirement.
The reduced parking setbacks do not leave enough room to screen parking with a berm
and plantings. A four foot high decorative metal fence with stone columns and additional
shrub plantings is needed along Regional Center Road and Flying Cloud Drive. The cost
of tree replacement can be applied towards decorative fencing and additional shrub
plantings to screen parking.
TRASH ENCLOSURE
The waiver for trash enclosure in the front yard setback along Regional Center Drive is
not supported by staff The trash enclosure should be located to the southwest corner of
the site. Two parking spaces could be removed and the site would still provide the
required 55 spaces.
DRAINAGE
Storm water will be collected and directed into underground storage tanks before entering
the City storm sewer system.
SIDEWALKS AND TRAILS
The plan shows a five foot wide concrete sidewalk along Regional Center Drive.
STAFF RECOMMENDATION
Recommend approval of the following request:
• Planned Unit Development Concept Amendment on 2.42 acres
• Planned Unit Development District Review with waivers on 1.21 acres
• Zoning District Amendment within the Commercial Regional Service District on 1.21
acres
• Preliminary Plat of 1.21 acres into one lot and road right-of-way
• Site Plan Review on 1.21 acres
This is based on plans stamped dated May 6, 2008, the Staff Report dated May 9, 2008
and the following conditions:
1. Prior to City Council review, the proponent shall revise the plans as follows:
3
Staff Report—Walgreens
May 9, 2008
Page 4
A. Revise the parking dimensions in front of Midas and Checkers to meet city
code for 63 feet curb to curb dimension.
B. Relocate the trash enclosure to the southwest corner of the site.
C. Modify the landscape plan to include a decorative fence with stone columns
and additional shrub plantings.
2. Prior to grading permit issuance, the proponent shall:
A. Notify the City and Watershed District 48 hours in advance of grading.
B. Install erosion control on the property, as well as tree protection fencing at
the grading limits in the wooded areas for trees to be preserved as part of the
development. Said fencing shall be field inspected by the City Forester
prior to any grading.
C. Submit detailed storm water runoff, utility, and erosion control plans for
review and approval by the City Engineer and Watershed District.
3. Prior to building permit issuance for the property, the proponent shall:
A. Provide a landscape/tree replacement surety equivalent to 150% of the cost
of the landscape/tree replacement improvements indicated on the approved
plan.
B. Submit detailed building plans to the Inspections Department and Fire
Marshal for their review and approval.
C. Submit exterior building material samples and colors for review.
D. Pay the Cash Park Fee.
4. The following waivers are granted through the PUD for the project:
A. Front yard setback to building from 35 feet to 16 feet along Regional Center
Rd.
B. Front yard setback to parking from 35 feet to 12 feet along Flying Cloud Dr.
C. Front yard setback to parking from 17.5 feet to 4 feet along Regional Center
Rd.
D. Rear yard setback to parking from 10 feet to 0 feet along south property line.
E. Pylon sign setback from 20 feet to 6 feet along Flying Cloud Dr.
4
Area Location Map - Walgreens
Address: 8240 & 8250 Flying Cloud Drive
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Rural -Highway Commercial Shoreland Management Classifications
R1-44 One Family-44,000 sf.min. -Regional Service Commercial NE Natural Environment Waters
R1-22 One Family-22,000 sf min. -Regional Commercial RDI Recreational Development Waters
I GD I General Development Waters(Creeks Only) Mil
R1-13.5 One Family-13,500 sf min. Industrial Park-2 Acre Min,
r772 100- Year Floodplain
R1-9.5 One Family-9,500 sf min. AM Industrial Park- 5 Acre Min.
Up dated through Ordinance#21-2007
-RM-6.5 Multi-Family-6.7 U.P.A.max. IMMI General Industrial-5 Acre Min. Ordinance#33-2001(BF!Addition)approved,but not shown on this map edition
-RM-2.5 Multi-Family-17.4 U.P.A.max. Public Date:November 30,2007 PRAIRIE
In case of dscrepency related to zoning dassincatlon on this zoning map,the ordinance
Office I Golf Course and attached legal descdptlon on Ale at Eden Pralde City Center will prevail.
Neighborhood Commercial Water
LIVE•WORK•DREAM
nCommunity Commercial 1 Right-of-Way
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Land Use Guide Plan Map
Walgreens
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Low Density Residential 0-2.5 Units/Acre Neighborhood Commercial O Municipal Boundary
V/t Low Density/Public/Open Space Community Commercial DATE Approved 03-19-03
- Creeks DATE Revised 01-07-05
Medium Density residential 2.5-10 Units/Acre - Regional Commercial DATE Revised 11-07-05
- Roads DATE Revised 02-23-06
n Medium Density Residential/Office - Park/Open Space DATE Revised 03-23-06
-Metropolitan Urban Service Line(MUSA) DATE Revised 06-23-06
High DensityResidential 10-40 Units/Acre Public/Quasi-Public 1 DATE Revised 12-06-06
9 Principal Arterial DATE Revised o3-01-07
E D E N DATE Revised 06-01-07
Office Golf Course -A Minor Arterial DATE Revised 10-01-07
//, Office/Industrial - Church/Cemetary -B Minor Arterial PRAIRIE DATE Revised 03-01-08
if i Office/Public/Open Space Open Water -Major Collector
- Industrial Right-Of-Way -Minor Collector Not to Scale
nAirport Boundary
DRAFT MINUTES
EDEN PRAIRIE PLANNING COMMISSION
MONDAY, MAY 12, 2008 7:00 P.M., CITY CENTER
Council Chambers
8080 Mitchell Road
COMMISSION MEMBERS: John Cadman, John Kirk, Katie Lechelt,
Jerry Pitzrick, Peter Rocheford, Kevin
Schultz,
Fred Seymour, Ray Stoelting, Jon Stoltz
STAFF MEMBERS: Stu Fox, Manager of Parks and Natural
Resources
Michael Franzen, City Planner
Alan Gray, City Engineer
Julie Krull, Recording Secretary
I. PLEDGE OF ALLEGIANCE—ROLL CALL
Chair Stoltz called the meeting to order at 7:00 p.m. Absent: Seymour and
Rocheford.
II. APPROVAL OF AGENDA
MOTION by Kirk, seconded by Schultz, to approve the agenda. Motion carried
7-0.
VI. PUBLIC HEARINGS
WALGREENS
Request for:
Planned Unit Development Concept Amendment on 2.42 acres; Planned Unit
Development District Review with waivers on 1.21 acres; Zoning District
Amendment within the Commercial Regional Service District on 1.21 acres; Site
Plan Review on 1.21 acres; Preliminary Plat into one lot and road right-of-way on
1.21 acres.
Duncan Swenson, engineer on the project, presented the proposal. He stated the
current site is vacant. It was previously a gas station. What they would like to do
is to place a 14,580 square foot Walgreens in this area. The main floor would
consist of retail space with a pharmacy. They are going to replat the area and will
have 15 feet of additional right of way on the north side of the property. There
will be grading done on the south side of the property. There will be a drive-thru
on the south side of the building to accommodate the pharmacy.
Stoltz asked Franzen to review the staff report. Franzen stated the staff
recommends approval based on page 4 of the staff report.
Stoltz opened the meeting up for public input.
Steve Hendrickson, owner of the Midas shop on the south side of the project,
stated he feels the project should go forward and said Staff and the architects on
the project should be commended for the work they have done on this.
Lechelt asked Franzen if there were any shared parking guidelines with the
adjoining businesses. Franzen stated there is shared parking. parking will will for
all business as long as they are auto related.
Stoelting asked the project proponent if he could review the drive-thru utilizing
the overhead project. The project proponent illustrated the location of the drive-
thru, utilizing the overhead projector. He pointed out stacking will be on the west
side of the building and the pick-up window for the pharmacy will be on the south
side of the building.
Lechelt asked Mr. Swenson if the parking in the area would be 64 feet. Mr.
Swenson said it would be 63 feet. Lechelt asked if the two storm water chambers
are infiltration basins or will just be reducing peak flow. Mr. Swenson said they
will be open at the bottoms allowing water to flow, and if they can put infiltration
on them they will.
Pitzrick asked Gray if there were any concerns about the site line in regards to the
signage on Flying Cloud Drive and Regional Center Drive. Gray said there is a
signalized intersection at this location, so signage would not be an issue.
MOTION by Cadman, seconded by Stoelting, to close the public hearing.
Motion carried 7-0.
MOTION by Kirk, seconded by Schultz, to recommend approval of the
Planned Unit Development Concept Amendment on 2.42 acres, Planned Unit
Development District Review with waivers on 1.21 acres, Zoning District
Amendment within the Commercial Regional Service District on 1.21 acres, Site
Plan Review on 1.21 acres, and Preliminary Plat into one lot and road right-of-
way on 1.21 acres based on plans stamped dated May 6, 2008, and the staff report
dated May 9, 2008. Motion carried 7-0.
CITY COUNCIL AGENDA DATE: June 3, 2008
SECTION: Public Hearings
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.B.
Community The Enclave at Shady Oak Road
Development/Planning
Janet Jeremiah/Regina Herron
Requested Action
Move to:
• Close the Public Hearing; and
• Adopt the Resolution for Planned Unit Development Concept Review on 28.6 acres; and
• Approve 1st Reading of the Ordinance for Planned Unit Development District Review with
waivers, and Zoning District Change from Rural and R1-13.5 to R1-9.5on 28.6acres; and
• Adopt the Resolution for Preliminary Plat on 28.6 acres into 44 lots; and
• Direct Staff to prepare a Development Agreement incorporating Staff and Commission
recommendations and Council conditions.
• Approve and Authorize Issuance of a Grading Permit subject to release by the City Engineer
upon determination that the final contract documents conform to plans stamp dated May 19,
2008, as approved by the City Council.
Synopsis
This project is a 44 single family lot subdivision on land that is guided low density residential.
The project requires waivers for setback and lot frontage.
Background Information
The plan will require the following waivers:
1. Front yard setback for garages less than 30 feet. A 15 foot minimum front yard setback for
garages only for 37 of the 44 lots.
2. Lot width less than 70 feet for lots 15 and 16, Block 1.
3. Lots not fronting on a public street for lots 1-6, Block 4.
The waivers and clustering of lots helps create a plan with low tree loss (16%) and minimal
wetland impact(.02 acre). The 120-Day Review Period Expires on July 28, 2008.
Planning Commission Recommendation
The Planning Commission voted 6-1 to recommend approval of the project at the May 12, 2008,
meeting with direction for the proponent to meet with the neighbors relating to tree loss and the
wetland buffer.
Attachments
1. Resolution PUD
2. Resolution Preliminary Plat
3. Staff Report
4. Location Map
5. Land Use & Zoning Map
6. Planning Commission Minutes
7. Letters from property owners
8. Land Alteration Request letter
THE ENCLAVE AT OLD SHADY OAK
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO. 2008-
A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT
CONCEPT OF THE ENCLAVE AT OLD SHADY OAK
FOR PERNSTEINER& ASSOCIATES,LLC AND SVK DEVELOPMENT LLC
WHEREAS,the City of Eden Prairie has by virtue of City Code provided for the
Planned Unit Development (PUD) Concept of certain areas located within the City; and
WHEREAS, the Planning Commission did conduct a public hearing on May 12, 2008,
on The Enclave at Old Shady Oak by Pernsteiner&Associates, LLC and SVK Development,
LLC and considered their request for approval of the PUD Concept plan and recommended
approval of the request to the City Council; and
WHEREAS,the City Council did consider the request on June 3, 2008.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie,
Minnesota, as follows:
1. The Enclave at Old Shady Oak, being in Hennepin County, Minnesota, legally
described as outlined in Exhibit A, is attached hereto and made a part hereof.
2. That the City Council does grant PUD Concept approval as outlined in the plans
stamp dated May 19, 2008.
3. That the PUD Concept meets the recommendations of the Planning Commission
May 12, 2008.
ADOPTED by the City Council of the City of Eden Prairie this 3rd day of June, 2008.
Phil Young, Mayor
ATTEST:
Kathleen A. Porta, City Clerk
EXHIBIT A
PUD Concept- (The Enclave at Old Shady Oak)
Legal Description:
Parcel 1:
That part of the Northeast Quarter of the Northeast Quarter of Section 2, Township 116,
Range 22, Hennepin County, Minnesota described as follows:
Beginning at the Northwest corner of said Northeast Quarter of the Northeast Quarter,thence
South to the Southwest corner thereof, thence East a distance of 456.08 feet along the South
line thereof, then North a distance of 50 feet parallel with the West line thereof, thence East
parallel with the South line thereof to the center line of Shady Oak Road,thence South along
said centerline to the South line of said Northeast Quarter of the Northeast Quarter, thence
East along said South line to a point 425.75 feet West from the southeast corner of said
Northeast Quarter of the Northeast Quarter, thence West along said North line to the East
line of the West 406.5 feet of said Northeast Quarter of the Northeast Quarter,thence North
along said East line to the North line thereof, thence West to the point of beginning.
Except therefrom the following described tract:
Commencing at the Southeast corner of the Northeast Quarter of the Northeast Quarter of
Section 2, Township 116, Range 22, Hennepin County, Minnesota; thence West along the
South line of the Northeast Quarter of the Northeast Quarter of said section on an assumed
bearing of South 88 degrees 35 minutes 02 seconds West a distance of 425.75 feet to the point
of beginning; thence South 88 degrees 35 minutes 02 seconds West a distance of 146.92 feet to
the centerline of existing Old Shady Road; thence North 00 degrees 41 minutes 15 seconds
West a distance of 50.00 feet; thence South 88 degrees 35 minutes 02 seconds West a distance
of 10.27 feet thence northeasterly a distance of 180.27 feet along a non-tangential curve
concave to the Southeast having a central angle of 41 degrees 51 minutes 04 seconds, a radius
of 246.80 feet and a chord bearing of North 45 degrees 29 minutes 45 seconds East; thence
North 66 degrees 25 minutes 17 seconds East a distance of 24.23 feet; thence South 03 degrees
07 minutes 46 seconds East a distance of 179.65 feet, to the point of beginning,
Parcel 2:
Lots 1, 2, 3, 4 and Outlot A, Loosen Addition , Hennepin County, Minnesota
THE ENCLAVE AT OLD SHADY OAK
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2008-
RESOLUTION APPROVING THE PRELIMINARY PLAT
OF THE ENCLAVE AT OLD SHADY OAK FOR PERNSTEINER& ASSOCIATES,
LLC AND SVK DEVELOPMENT,LLC
BE IT RESOLVED, by the Eden Prairie City Council as follows:
That the preliminary plat of The Enclave at Old Shady Oak for Pernsteiner&Associates and
SVK Development, LLC stamp dated , 2008, and consisting of 28.6 acres into 44
lots 5 outlots and road right-of-way, a copy of which is on file at the City Hall, is found to be in
conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and
amendments thereto, and is herein approved.
ADOPTED by the Eden Prairie City Council on the 3rd day of June, 2008.
Phil Young , Mayor
ATTEST:
Kathleen A. Porta, City Clerk
STAFF REPORT
TO: Planning Commission
FROM: Regina Herron, Planner II
DATE: May 9, 2008
SUBJECT: The Enclave at Old Shady Oak
APPLICANT: Pernsteiner&Associates
SVK Development, LLC
OWNERS: James Pavelka
Robert Pavelka
Scott V. Kevitt
LOCATION: West of Shady Oak Road and South of Highway 62
REQUEST: • Planned Unit Development Concept Review on 28.6 acres
• Planned Unit Development District Review on 28.6 acres
• Zoning District Change from Rural and R1-13.5 to R1-9.5 on 28.6 acres
• Preliminary Plat of 28.6 acres into 44 lots 5 outlots and road right-of-way
BACKGROUND
The Comprehensive Guide Plan shows the project site as Low Density Residential for up to 2.5 units
per acre or 71 units. Surrounding land uses consist of Low Density Residential to the south, Low
Density Residential and Public to the west,Regional Commercial and Neighborhood Commercial to
the east and to the north is the City of Minnetonka. Current zoning for the site is Rural and R1-13.5.
This site includes the Loosen Addition subdivision, approved in 1994, for 4 lots and one outlot.
SURROUNDING DENSITIES
The table below is a comparison between the Enclave and adjoining residential neighborhoods:
Project Acres Units Density Avg.Lot Size
The Enclave at Old 28.6 44 1.53 12,051
Shady Oak
Shady Oak 1-4 18.2 26 1.43 26,000
Shady Oak Estates 14.65 9 0.61 58,700
Carmel 43.3 87 2.01 18,300
The Garden 10.00 23 2.3 16,350
PLANNED UNIT DEVELOPMENT WAIVERS
Staff Report—The Enclave at Old Shady Oak
May 9, 2008
The plan will require the following waivers:
1. Front yard setback for garages less than 30 feet. A 15 foot minimum front yard setback for
garages only for 37 of the 44 lots.
2. Lot width less than 70 feet for lots 15 and 16, Block 1.
3. Lots not fronting on a public street for lots 1-6, Block 4.
The purpose of using planned unit development waivers is to result in a plan with clear benefits to
the City than if the project was developed in manner that conforms to City Code. Approval of a
waiver is discretionary. The City must determine if the benefits of the project is a fair exchange for
the waivers. Typical reasons for waivers granted on other projects have been, affordable housing,
senior housing, low tree loss,minimal wetland impacts,preservation of open space, etc. The staffs
view of the waivers and the clustering of lots in this project allows more the site to be preserved for
wetlands and trees.
HISTORIC
The Pavelka property was evaluated for historical significance in March,2008.The Pavelka family
also provided some background on the history of the buildings and site. The property consists of a
house built in the 1940's, barn with silo foundation, chicken coop, garage and small pump house.
The buildings and site was photo documented, and preserved in CD format. The integrity of the
farms buildings was generally poor.Overall the farmstead lacks the required integrity and context to
meet the criteria for historical significance.
SIDEWALKS AND TRAILS
The plans include a sidewalk and a trail connection on the northwest corner of the property to
Carmel Park.
GRADING AND TREE LOSS
A significant tree is any deciduous hardwood tree (except elm, willow, box elder and aspen)
measuring 12 inches in diameter or greater, or a coniferous tree measuring 8 inches in diameter or
greater. There are 4,806 caliper inches of significant trees on the property. A total of 775 (16%)
caliper inches will be lost due to construction. The required tree replacement is 166 caliper inches.
The plan meets this requirement. A conservation easement is required over Outlot B to protect the
trees.
Project No. of Inches No. of Inches Lost Tree Loss
(Significant Trees) (Significant Trees)
The Enclave at Old 4,806 775 16% (775/4,806)
Shady Oak
Shady Oak N/A N/A Before tree ordinance
Shady Oak Estates 3,804 1,601 42% (1,601/3,804)
Carmel N/A N/A Before tree ordinance
The Garden N/A N/A Before tree ordinance
WETLANDS
2
Staff Report—The Enclave at Old Shady Oak
May 9, 2008
There are 11.36 acres of wetlands on the property. A total of 1,152 square feet of wetland fill is
proposed or .02 acres. The project meets the required wetland buffers and wetland setbacks. The
wetland will be protected by a conservation easement.
WATER QUALITY
The project provides the required ponds, infiltration basins, and rain water gardens.
ACTIVE COMMMUNITY PLANNING
The draft 2008 Guide Plan Update contains a chapter on Active Community Planning.The purpose
of the chapter was to improve public health by creating additional policies and initiatives relating to
the following Active Community Planning topics:
1. Air quality
2. Water quality
3. Pathways and accessibility
4. Open space locations
5. Destinations and land use mix
6. Physical safety and mobility
The plan addresses these topics in the following ways:
• Air Quality: Street tree plantings
• Water Quality— Storm water ponds, infiltration basins, and rain water gardens
• Pathways and Accessibility—sidewalk along the public road with a trail connection to
Carmel Park.
• Open Space Locations- Outlots with conservation easements protecting wetlands and
trees acres.
• Destinations and Mixed Land Use—the property is not appropriate for higher density
and mixed land use but it is connected to Carmel Park.
• Physical Safety and Mobility—an off street sidewalk and trail system with a 5 foot
green boulevard.
SUMMARY
The project is consistent with the Comprehensive Guide Plan since the density is less than 2.5 units
per acre.40%of the property is wetland and will be protected by a conservation easement. Tree loss
is 16%. The plan conforms to drainage and tree replacement requirements.
Approval of the setback waiver is discretionary. The City must determine if the benefits of the
project is a fair exchange for the waivers.Typical reasons for waivers granted on other projects have
been, affordable housing, senior housing, low tree loss, minimal wetland impacts, preservation of
open space,etc. The staffs view of the waivers and the clustering of lots in this project allows more
of the site to be preserved for wetlands and trees.
3
Staff Report—The Enclave at Old Shady Oak
May 9, 2008
STAFF RECOMMENDATIONS
Alternative One
Recommend approval of the following request:
• Planned Unit Development Concept Review on 28.6 acres
• Planned Unit Development District Review on 28.6 acres
• Zoning District Change from Rural and R1-13.5 to R1-9.5 on 28.6 acres
• Preliminary Plat of 28.6 acres into 44 lots 5 outlots and road right-of-way
This is based on plans dated May 9, 2008, the Staff Report dated May 9, 2008, and the following
conditions:
1. Prior to City Council review, the proponent shall revise the plan as follows:
A. Revise the plan to include a shade tree on each lot adjacent to the sidewalk.
2. Prior to grading permit issuance, the proponent shall:
A. Notify the City and Watershed District 48 hours in advance of grading.
B. Install erosion control on the property,as well as tree protection fencing at the grading limits
in the wooded areas for trees to be preserved as part of the development. Said fencing shall
be field inspected by the City Forester prior to any grading.
C. Submit detailed storm water runoff, utility, and erosion control plans for review and
approval by the City Engineer and Watershed District.
3. Prior to building permit issuance for the property, the proponent shall:
A. Provide a landscape surety equivalent to 150% of the cost of the tree replacement
improvements indicated on the approved plan.
B. Submit detailed building plans to the Inspections Department and Fire Marshal for their
review and approval.
C. Pay the Cash Park Fee.
4
Staff Report—The Enclave at Old Shady Oak
May 9, 2008
4. The following waivers have been granted through the PUD District Review for the property
based on the plans dated May 9, 2008:
A. Front yard setback for garages less than 30 feet. A 15 foot minimum front yard setback
for garages only for 37 of the 44 lots.
B. Lot width less than 70 feet for lots 15 and 16, Block 1.
C. Lots not fronting on a public street for lots 1-6, Block 4.
Alternative Two
Recommend that the project be continued to the June 9, 2008 meeting with direction to revise
the project to conform to city code.
5
Area Location Map - The Enclave at Old Shady Oak
Address: West of Shady Oak Road and South of HWY 62
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Roads DATE Revised 02-23-06
{��Medium Density Residential/Office Park/Open SpaceDATE Revised 03-23-06
P —Metropolitan Urban Service Line(MUSA) DATE Revised 06-23-06
-High DensityResidential 10-40 Units/Acre Public/Quasi-Public PrincipalDATE Revised 1z-o1-os
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Office I Golf Course e� DEN DATE Revised 06-01-07 A Minor Arterial U FL I�Ir DATE Revised 10-01-07
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UNAPPROVED MINUTES
EDEN PRAIRIE PLANNING COMMISSION
MONDAY, MAY 12, 2008 7:00 P.M., CITY CENTER
Council Chambers
8080 Mitchell Road
COMMISSION MEMBERS: John Cadman, John Kirk, Katie Lechelt,
Jerry Pitzrick, Peter Rocheford, Kevin
Schultz,
Fred Seymour, Ray Stoelting, Jon Stoltz
STAFF MEMBERS: Stu Fox, Manager of Parks and Natural
Resources
Michael Franzen, City Planner
Alan Gray, City Engineer
Julie Krull, Recording Secretary
I. PLEDGE OF ALLEGIANCE—ROLL CALL
Chair Stoltz called the meeting to order at 7:00 p.m. Absent: Seymour and
Rocheford.
II. APPROVAL OF AGENDA
MOTION by Kirk, seconded by Schultz, to approve the agenda. Motion carried
7-0.
PUBLIC HEARINGS
A. THE ENCLAVE AT OLD SHADY OAK
Request for:
Planned Unit Development Concept Review on 28.6 acres; Planned Unit
Development District Review on 28.6 acres; Zoning District Change from
Rural and R1-13.5 to R1-9.5 on 28.6 acres; Preliminary Plat into 44 lots, 5
outlots and road right-of-way on 28.6 acres.
Terry Pernsteiner introduced Mark Englund, who introduced the project.
He said the units they would like to construct would be luxury empty-
nester residential units. Mr. Englund stated this product type would blend
in with the neighborhood. He also pointed out there would only be 16%
tree loss in the area. He said they have built these types of homes in North
Oaks and they have been very successful.
Stoltz asked Franzen to review the staff report. Franzen said the guide
plan would allow up to 71 units. However from a practical matter to save
the trees and preserve the wetland and develop plan consistent with the
low density in the surrounding area, a cluster approach with small lots, is
the preferred plan. He added that the commission must determine if the
granting of the waivers with a clustered housing plan is better than if the
site was developed in a conforming manner. Franzen stated the staff
recommends approval due to the minimal impact on trees and wetlands.
Stoltz opened the meeting up for public input.
Paul Cameron, a neighbor of the property, said he does support the
project,but had some concerns over the wetland area. He utilized the
overhead projector to show the wetland area. He stated in looking at the
sanitation line in the wetland area, the trees in the area would be removed.
He would like to see the trees remain the area. He said the trees are only
to be removed to add contouring to the area, and does not feel this is a
justifiable reason. Mr. Cameron said the trees to be removed are not even
on the survey.
Stoltz asked Mr. Englund to address this issue. Mr. Englund stated he has
talked to Mr. Cameron and in regards to saving these trees,they would
have some obstacles, but they will try to save as many as they can. The
arborist on the project did not put these trees on the survey because they
were not significant trees; they included such trees as box elder,willows
and cotton woods.
Bob Molsted, associate with the project, stated he believes they can make
adjustments to the grading plan.
Lechelt asked if the project proponent looked at shrubbery in the area and
if a lot of it would be taken away. Mr. Englund said he was not sure what
would be taken away and it would be left up to the arborist to decide.
Stoelting asked Fox about the trees in the area Mr. Cameron was referring
to. Fox said only the significant trees will show up on the inventory. He
stated storm water run-off has to be protected in the area and pointed out
there a lot of insignificant trees in the area that will have to come out.
Lechelt asked the project proponent if they calculated new water run-off in
the area. Mr. Molste said they have made plans for this.
Stoltz asked Fox if the trees could remain in the area. Fox said they are
adding fill for the storm water pond,which needs to be built up, therefore,
it would be difficult to keep the trees in the immediate area and still create
a basin. Mr. Molsted said they might be able to come up with different
options, but initially they took out the trees because they were
insignificant.
Dave Duhaime, 11534 Chamberland Court, stated there are a number of
trees that are considered insignificant that really should be considered
significant when there are numerous ones bunched together. He would
hate to see them eliminated. He also had a question about zoning and a
concern for lot sizes and asked if the financial model supported the
project.
Stoltz asked Franzen to address this. Franzen stated the development of
the City is based on a Comprehensive Plan and zoning and subdivision
regulations. The market will end up determining the value.
Kirk asked Franzen if this was project is consistent with the guide plan.
Franzen said it was consistent with the guide plan.
Stoelting asked the project proponent to address what a million dollar
house would look like on a small lot. Mr. Englund stated the North Oaks
project consisted of two million dollar properties. He pointed out they
take house and lot size into consideration when making these homes. Mr.
Pernsteiner stated a significant builder, Roy Lacy, said most empty nesters
are coming out of large homes right now and looking for something like
this project. This builder is also very interested in this project.
Mr. Cameron said he is concerned about the housing market and feels
these homes would not sell out for years.
Pitzrick stated he is concerned some of the houses are very close together
and asked what would happen in the future if someone would want to add
on to the existing decks and also asked how big the decks going to be on
these homes. Mr. Englund said the decks will be approximately 16 sq. ft.
He also pointed out that a lot of people want a grill deck next to the
kitchen and then a view deck below; so adding onto the existing deck
should not be an issue.
Lechelt asked the project proponent if they considered making the swale
by pond 2 if they considered making it a vegetative infiltration pond. Mr.
Molsted said they have a permanent storm sewer running through that
area.
Stoltz asked Commission Members if they had any concerns with the
waivers on page 2 of the staff report. Stoelting asked Franzen, in regards
to the waivers on this project, if they were reasonable. Franzen said the
average tree loss on residential projects is 35%; wetland impacts is 10%.
This project is 16% tree loss and less than 1%wetland impact.
Lechelt asked how additional traffic would be handled in this area. Gray
stated the City always knew this project would be developed into a low
density area and this area would be able to handle the additional traffic
flow.
Maureen Henderson, speaking for the neighbors in the area, said they are
concerned about significant trees on this property and they want to make
sure they are accounted for and replacement procedures are followed. Mr.
Pernsteiner said the arborist will walk around the area and any interested
parties may join in.
Ole Hag, resident living on Thornhill Road, said he has concerns about
someone paying a million dollars for a home backed up on the Crosstown.
He wonders if it is a good idea to have houses that close to the highway
and pointed out there will be high concentrations of salt spray when it is
raining.
Lechelt asked how high the retaining wall would be. Mr. Molste said the
retaining wall would start at 4 feet and could go all the way up to 20 feet.
Lechelt asked if a noise analysis was done for this area. Mr. Molste said
there has not been a noise analysis completed on this area. Mr.
Pernsteiner said the noise in the area would be low. Mr. Englund said the
rears of the homes are facing away from the Crosstown.
Mr. Duhaime said he has a concern for density in the area and asked if it
was calculated on total land or buildable area of land. Franzen said it was
calculated on total land. Mr. Duhaime asked if current properties are
going to be devalued because of these units in the area.
Mr. Englund said they have added variety to the neighborhood. He
pointed out the lots are configured differently and that is why they do not
have all of the garage doors facing the same area. He stated they have a
great team working on this project and are confident in this area; otherwise
they would not be investing in this project.
Schultz said the project proponent has done a good job on this project but
asked how the it relates to the surrounding developments. Franzen stated
that the City encourages variety of housing and does not try to make
neighborhoods look a like. This project this low density single family and
consistent with the area. The City's goal is for project to conform to
standards and the market will end up determining product type and value.
Kirk said he supports Staff conclusions on this project and stated 16% tree
loss is excellent. He stated this will be a new product for Eden Prairie.
MOTION by Schultz, seconded by Kirk, to close the public hearing.
Motion carried 7-0.
MOTION by Schultz, seconded by Stoelting, to recommend approval of
the Planned Unit Development Concept Review on 28.6 acres, Planned
Unit Development District Review on 28.6 acres, Zoning District Change
from Rural and R1-13.5 to R1-9.5 on 28.6 acres, and Preliminary Plat into
44 lots, 5 outlots and road right-of-way on 28.6 acres based on plans
stamped dated May 9, 2008 and the staff report dated May 9, 2008.
Lechelt said she would like to see a continuance on this project before the
plan is approved so the neighbors could walk around with the arborist and
talk further about the wetland buffer area. Kirk said that should be put in
the motion.
Schultz modified the motion by adding to the original motion the
following, "With the modification that the proponent discuss and have
communication with those concerned about tree loss and the wetland
buffer. Motion carried 6-1.
Brian Pederson
11881 Thornhill Road
Eden Prairie,MM 55344
May 12,2008
Mr. Franzen—City Planner
Eden Prairie, MN..
Dear Mr. Franzen:
This letter is in response to city staff report dated May 9`11, 2008 prepared by Regina Herron_regarding
"The Enclave at Old Shady Oak".
I am not in support of the proposed zoning district change from R1-13.5 to R1-3.5 based on the
foilavving points:
1. Staff report indicates that waivers are granted based on typical reasons... "affordable housing,
senior housing, low tree loss, wetland avoidance, and preservation of open space. "
a This project is not planned as affordable or senior housing.
b. Tree loss would be minimal either way because of a lack of existing significant trees.
c.Wetland avoidance would be required with any project regardless of zoning change. •
d- Grading plans-indicate significant cutting of the existing hillside and hill top thus resulting in
large scale retaining wall systems which are uncharacteristic of the existing landscape and
preservation of open space is ignored by the high density of the current plan proposal.
2. The most recent residential development in this area was the Chamberlain neighborhood. • _•
Chamberlain was able to abide by the current zoning density and produced a very successful
project for the City benefit.
Clear benefits to the City can be achieved with out altering the zoning classification for this area.
No hardship has been established or presented and corroborated by City staff regarding this project.
I support alternative Two of the staff recommendations and feel the developer should abide by the
current zoning which would result in a very successful development benefiting both the city and
adjacent property owners.
Sincerely,
Brian Pederson
Cc: Regina Herron,City Eden Prairie
bfp
Glacier Page 1 of 4
Mike Franzen
From: Cameron, Paul [pcameron@pali-investments.com]
Sent: Wednesday, May 28, 2008 9:34 AM
To: Mike Franzen
Cc: pernsteiner@comcast.net; Bob Molstad
Subject: FW: The Enclave at Old Shady Oak-Tree Cluster 051908
Attachments: Enclave - Pond2 051908.pdf
Mr Franzen,
Mr. Pernsteiner and Mr. Molstad have developed an approach to retaining natural vegetation along the
wetland buffer area as documented in the attached drawing. I believe you have already received a copy
of the modification to the size/shape/position of the southern western most pond. I have reviewed this
plan including walking the property with the new silt screen stakes in place as noted in the attached
drawing. Based on the position of these stakes, the desired natural vegetation will be retained.
I sincerely appreciate both Mr. Pernsteiner and Mr. Molstads' efforts to achieve our desired outcome.
I understand that the City of Eden Prairie, the Watershed District, and the MPCA prior to any grading
activities must approve these changes due to some particulars noted in Mr. Molstad's email below. I hope
and encourage the City of Eden Prairie, the Watershed District and the MPCA to approve of this
modification.
Respectfully,
Paul Cameron
Cell 952-649-7653
Office 612-216-1165
From: Cameron, Paul
Sent: Tuesday, May 27, 2008 11:14 AM
To: 'Bob Molstad'
Cc: Terry Pernsteiner; ross larson; Mark Englund
Subject: RE: The Enclave at Old Shady Oak -Tree Cluster 051908
Terry,
I walked the staked property late last week using the modified plan developed by Bob Molstad. I just tried
to call you to discuss on the phone. Since you were out I decided to email you.
First I commend you for listening to our concerns and directing your resources to develop an alternative
approach to the area impacting the wetland buffer area. Second, I would like to thank Bob Molstad for
spending his time and innovative thinking to develop the approach that is documented in the attachment
in his email of May 19.
I believe the modification developed by Bob achieves our desired objective of saving the natural setting
along the buffer area while not imposing significantly on your development objectives.
5/28/2008
Glacier Page 2 of 4
Can I assume you will incorporate this modification into the plan presented to the City Council on June
3rd?
Paul Cameron
From: Bob Molstad [mailto:molstad@sathre.com]
Sent: Monday, May 19, 2008 4:02 PM
To: Cameron, Paul
Cc: Terry Pernsteiner; ross larson; Mark Englund
Subject: RE: The Enclave at Old Shady Oak - Tree Cluster 051908
Paul,
Attached is a PDF of the revised plan. We have re-shaped the pond and rainwater garden slightly and
lowered the grades 1.5-3 feet where possible. We have re-staked (at noon today) the silt fence line. The
silt fence will mark the edge of the grading limits for the site grading work. I also had them stake the FES
(flared end section) of the storm sewer outlet for the pond. We moved that pipe apron (pnt#108) to a
clear area. The pnts we staked are shown on the attached plans, for your information.
I changed the slopes to the east, near our proposed entrance, to a slope of 3:1 (Horz:Vert) from a 5:1 in
the buffer. Typically the buffer slopes are 5:1, I will make the argument to the City and the Watershed
that this change allows us to preserve more of the existing buffer vegetation and trees to the west, I am
hopeful that this will not be a huge issue, since we are approaching the entrance. This allowed me to
widen the pond in that area to maintain a similar treatment area and storage volume. The stormwater
report, the grading plan, and the erosion control plan all still require review, approval and permitting by
the City of Eden Prairie, the Watershed District, and the MPCA prior to any grading activities.
I will meet with you on-site, when you are available to review this plan and answer any questions you
may have . Also as we move forward with final plans and construction work, I will touch base by email if
any changes occur in this area that would effect the grading limits.
Please let me know if you would like to meet on-site, or have any questions.
Thanks,
Bob
office 952-476-6000
cell 612-247-7005
From: Cameron, Paul [mailto:pcameron@pali-investments,com]
Sent: Monday, May 19, 2008 9:37 AM
To: Bob Molstad
Subject: RE: The Enclave at Old Shady Oak -Tree Cluster 051908
Thank you for the update. I hope your trip to Montana was enjoyable.
I see they added stakes to the property.... Do they indicate the edge of the wetland?
I will look forward to the PDF.
5/28/2008
Glacier Page 3 of 4
I will be out of town most of tomorrow. But I will return on Wednesday.
Thanks
Paul
From: Bob Molstad [mailto:molstad@sathre.comj
Sent: Monday, May 19, 2008 8:59 AM
To: Cameron, Paul
Subject: The Enclave at Old Shady Oak -Tree Cluster 051908
Paul,
I am back at work today and have some data on the trees. 1 will look at some grading adjustments and
re-shaping of the pond and rainwater garden areas this morning. Later today I will check the pond
routing and the infiltration data to make sure we still conform with the requirements. If all goes well I will
send you over a PDF of the area first thing tomorrow, or at least an update and we can go from there.
Bob
Robert S. Molstad, P.E.
SATHRE-BERGQUIST, INC.
150 South Broadway
Wayzata, Mn. 55391
Ph: 952-476-6000
Fx: 952-476-0104
The electronic data conveyed by SATHRE-BERGQUIST, INC. is sent for the recipient's reference only.
This material is copyright protected. The recipient agrees, by his receipt of electronic information, to not
alter the electronic data. The recipient agrees by his receipt of this data that the information contained in
the transmission may be changed without notification of the recipient.
This electronic information is not the certified version of a plan.
5/28/2008
Glacier Page 4 of 4
Recipient agrees to hold SATHRE-BERGQUIST, INC. harmless from any and all claims. SATHRE-
BERGQUIST, Inc. makes no representation or warranties, expressed or implied, with respect to the reuse
of the data provided herewith, regardless of its format or the means of its transmission. There is no
guarantee or representation to the user as to the accuracy, currency, suitability, or reliability of this data
for any purpose. The user accepts the data "as is" and assumes all risks associated with its use. By
acceptance of this data, the user agrees not to transmit this data or provide access to it or any part of it to
another party unless the user shall include with the data a copy of this disclaimer. SATHRE-
BERGQUIST, Inc. assumes no responsibility for actual or consequential damage incurred as a result of
any user's reliance on this data.
5/28/2008
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150 SOUTH BROADWAY, WAYZATA , MINNESOTA ,
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+41,
May 19, 2008
To: Eden Prairie--City Council
From: SVK & Pernsteiner &.Associates
Project: The Enclave at Old Shady Oak.
Subject: Land Alteration Permit- Early Start
On behalf of the developer's listed above, as a part of the Preliminary Plat Application
for this project we would like to request that the City consider approving a Land
-Alteration-P-armit-for-this-site-comurreptly-with the Preliminary Plat. Attached is a
completed copy of the City of Eden Prairie Land Alteration Permit Application. We
would work on obtaining approvals and permits from the other required agencies during
the Preliminary Plat process and submit them to the City prior to any grading activities.
If you have any questions or need further information, please call.
CITY COUNCIL AGENDA
DATE:
SECTION: Payment of Claims June 3, 2008
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 174666 — 175193
Wire Transfers 3029 —3048
City of Eden Prairie
Council Check Summary
6/3/2008
Division Amount Division Amount
General 38,350 601 Prairie Village Liquor 152,852
100 City Manager 1,932 602 Den Road Liquor 234,514
101 Legislative 5,349 603 Prairie View Liquor 129,570
104 Contingency 1,063 605 Den Road Building 3,094
110 City Clerk 207 701 Water Fund 183,418
111 Customer Service 15,006 702 Sewer Fund 269,499
112 Human Resources 9 703 Storm Drainage Fund 56,954
113 Communication Services 5,118 803 Escrow Fund 149,317
114 Benefits&Training 12,347 806 SAC Agency Fund 38,325
116 Facilities 61,934 807 Benefits Fund 306,060
117 City Center 91,848 809 Investment Fund 5,971
119 Cmty Center-Facilities 108,033 812 Fleet Internal Service 91,673
130 Assessing 1,120 813 IT Internal Service 64,757
131 Finance 8,013
132 Housing and Community Services 440 Report Totals 3,034,755
133 Planning 115
135 Information Technology 8
136 Public Safety Communications 3,245
137 Economic Development 482
138 Community Development Admin. 158
150 Park Administration 4,175
151 Park Maintenance 20,125
153 Organized Athletics 8,814
154 Community Center 9,099
156 Youth Programs 1,898
157 Special Events 462
158 Adult Recreation 1,226
159 Recreation Administration 169
160 Therapeutic Recreation 186
161 Oak Point Pool 230
162 Arts 1,200
163 Outdoor Center 3,672
164 Park Rental Facilities 205
180 Police 34,225
183 Emergency Preparedness 134
184 Fire 8,637
186 Inspections 25
200 Engineering 622
201 Street Maintenance 63,711
202 Street Lighting 2,673
301 CDBG 215,323
303 Cemetary Operation 10
304 Senior Board 244
308 E-911 2,036
317 Eden Prairie Players 41
502 Park Development 69,275
503 Utility Improvement 16,332
509 CIP Fund 139,142
512 CIP Trails 293
515 Fire Station#4 486
516 ADC PROJECT 529
519 Community Center Expansion 203,477
520 Parks Referendum 16,795
522 Improvement Projects 2006 4,219
523 3rd Sheet of Ice 163,231
524 Sprint/Nextel 1,054
City of Eden Prairie
Council Check Register
6/3/2008
Check# Amount Vendor/Explanation Account Description Business Unit
3029 145 ADMINISTRATION RESOURCES CORP Other Contracted Services Health and Benefits
3039 31,581 US BANK
3040 1,529 GENESIS EMPLOYEE BENEFITS,INC Other Contracted Services Health and Benefits
3041 13,312 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund
3042 17,497 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund
3043 109,841 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits
3044 145 US BANK TRUST HRA Health and Benefits
3045 29,819 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits
3046 157,972 WELLS FARGO MINNESOTA N A SS&Medicare Health and Benefits
3047 328 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Operating
3048 84,862 MINNESOTA DEPT OF REVENUE Cash Over/Short General Fund
174666 70 TRENCHLESS TECHNOLOGY INSTITUT Conference Expense Engineering
174667 2,465 UNITED STATES POSTAL SERVICE Postage Fire
174668 410 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center
174669 180 A TO Z RENTAL CENTER Operating Supplies Fire
174670 220 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events
174671 120 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events
174672 568 ACHIEVEMENT CENTER,THE Operating Supplies Park Maintenance
174673 1,873 AMERIPRIDE LINEN&APPAREL SER Clothing&Uniforms Prairie Village Liquor Store
174674 180 AMERITRAK Other Contracted Services Street Maintenance
174675 835 AMSAN LLC Cleaning Supplies Community Center Maintenance
174676 205 ANCHOR PRINTING COMPANY Printing Police
174677 50 ANDERSON,JANE Lessons&Classes Fitness Classes
174678 106 AQUA ENGINEERING INC Landscape Materials/Supp Street Maintenance
174679 1,509 ASPEN WASTE SYSTEMS INC. Waste Disposal Den Road Liquor Store
174680 63 ASTLEFORD EQUIPMENT COMPANY IN Equipment Parts Fleet Operating
174681 64 BARLI,ROBERT Tuition Reimbursement/School Police
174682 413 BARR ENGINEERING COMPANY Other Contracted Services Storm Drainage
174683 986 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating
174684 250 BCA BTS Tuition Reimbursement/School Police
174685 2,009 BEC INC Equipment Repair&Maint Traffic Signals
174688 16,863 BELLBOY CORPORATION Transportation Prairie View Liquor Store
174689 40 BERTELSON TOTAL OFFICE SOLUTIO Equipment Parts Water Metering
174690 4,290 BEST BUY Capital Under$10,000 CIP-Bonds
174691 698 BIFFS INC Waste Disposal Park Maintenance
174692 3,178 BORDER STATES ELECTRIC SUPPLY Operating Supplies CIP-Bonds
174693 60 BROWN TRAFFIC PRODUCTS INC Equipment Repair&Maint Traffic Signals
174694 93 BRW ENTERPRISES Wine Domestic Den Road Liquor Store
174695 1,406 BUCK,NATHAN Other Contracted Services Softball
174696 160 BUDGET LIGHTING INC Org Athletic League Fees Softball
174697 36,009 CARGILL SALT Salt Snow&Ice Control
174698 25 CARLSON,RICK Memberships Community Center Admin
174699 46 CARTWRIGHT,HELENE Program Fee Health and Fitness
174700 3,069 CDW GOVERNMENT INC. Other Hardware IT Capital
174701 1,068 CLAREYS INC Safety Supplies Utility Operations-General
174702 500 CLARK ENGINEERING CORP Improvements to Land Park Acquisition&Development
174703 562 COLOR PRINTING Printing Police
174704 13 COMCAST Operating Supplies Fire
174705 293 CONCRETE CUTTING&CORING INC Improvement Contracts CIP Trails
174706 3,014 CORPORATE EXPRESS Office Supplies General
174707 1,229 COSTCO Operating Supplies Classes/Programs/Events
174708 154 CRIPE,JACQUELYN V Other Contracted Services Volleyball
174710 976 CUB FOODS EDEN PRAIRIE Miscellaneous Police
174711 100 DAKOTA COUNTY ADMINISTRATION C Licenses&Taxes Police
174712 83 DALE GREEN COMPANY,THE Landscape Materials/Supp Street Maintenance
174713 12,183 DAY DISTRIBUTING Beer Prairie View Liquor Store
174714 550 DEHN,JOSHUA E Other Contracted Services Park Maintenance
174715 82 DIRECTV Cable TV Community Center Admin
174716 346 DNR Awards Softball
174717 23 DUVICK,LOIS Program Fee Red Hat
174719 5,127 EAGLE WINE COMPANY Transportation Prairie View Liquor Store
Check# Amount Vendor/Explanation Account Description Business Unit
174720 7,132 EARL F ANDERSEN INC Signs Traffic Signs
174721 50 EDEN PRAIRIE CHAMBER OF COMMER Miscellaneous City Council
174722 3,006 ELECTRIC PUMP Equipment Repair&Maint Water Treatment Plant
174723 299 ELIASON,STEVE J Other Contracted Services Softball
174724 132 EPA AUDIO VISUAL INC Capital Under$10,000 CIP-Bonds
174725 1,386 EXTREME BEVERAGE Misc Taxable Prairie View Liquor Store
174726 40 FAGNANT,SUSAN Instructor Service Outdoor Center
174728 118 FELTMAN,MARY Operating Supplies Senior Board
174729 5 FISHER,DELORES Program Fee Classes/Programs/Events
174730 444 FLYING CLOUD ANIMAL HOSPITAL Canine Supplies Police
174731 15 FORCE AMERICA Equipment Parts Fleet Operating
174732 206 FORESTRY SUPPLIERS INC. Clothing&Uniforms Street Maintenance
174733 834 G&K SERVICES-MPLS INDUSTRIAL Janitor Service Utility Operations-General
174734 210 GE CAPITAL Other Rentals General
174737 1,777 GENUINE PARTS COMPANY Equipment Parts Fleet Operating
174738 495 GETTMAN COMPANY Misc Taxable Prairie View Liquor Store
174739 30 GOEMAN,JAN Landscape Materials/Supp Street Maintenance
174740 770 GRAINGER Equipment Parts Fleet Operating
174741 1,396 GRAND PERE WINES INC Wine Imported Prairie Village Liquor Store
174742 1,332 GRAPE BEGINNINGS Transportation Prairie View Liquor Store
174743 7,856 GRAYMONT Treatment Chemicals Water Treatment Plant
174744 282 GREAT RIVER PRINTING SERVICES Operating Supplies Finance
174748 30,665 GRIGGS COOPER&CO Transportation Prairie View Liquor Store
174749 792 HACH COMPANY Laboratory Chemicals Water Treatment Plant
174750 616 HAMMERS,SARAH Other Contracted Services Volleyball
174751 262 HANSLEK,JIM Operating Supplies Community Center Admin
174752 2,880 HAWKINS INC Treatment Chemicals Water Treatment Plant
174753 2 HD SUPPLY WATERWORKS LTD Repair&Maint.Supplies Park Maintenance
174754 99 HENNEPIN TECHNICAL COLLEGE Tuition Reimbursement/School Fire
174755 515 HOHENSTEINS INC Beer Prairie Village Liquor Store
174756 272 HOLMES,TOM Other Contracted Services Softball
174757 245 ICI DULUX PAINT CTRS Operating Supplies Park Maintenance
174758 121 IMAGETECH SERVICES Operating Supplies Park Maintenance
174759 13,734 INTEREUM INC Capital Under$10,000 Capital Impr./Maint.Fund
174760 94 ISTATE Equipment Parts Fleet Operating
174761 312 ITALWINE IMPORTS&DISTRIBUTOR Wine Imported Den Road Liquor Store
174762 280 J H LARSON COMPANY Repair&Maint.Supplies Park Maintenance
174763 26,661 JJ TAYLOR DIST OF MN Transportation Prairie View Liquor Store
174768 56,724 JOHNSON BROTHERS LIQUOR CO Transportation Prairie View Liquor Store
174769 311 KEEPERS Clothing&Uniforms Reserves
174770 1,437 KESSLER TECHNOLOGIES Capital Under$10,000 CIP-Bonds
174771 30 KOCOUREK,JOAN Clothing&Uniforms Police
174772 299 KRAMER,TRENT C Other Contracted Services Softball
174773 145 KROEGER,TARA L Other Contracted Services Softball
174774 10 KRUMM,JOYCE Program Fee Classes/Programs/Events
174775 7,766 KUSTOM SIGNALS INC Equipment Repair&Maint Police
174776 386 LAB SAFETY SUPPLY INC Clothing&Uniforms Utility Operations-General
174777 639 LAMETTRYS COLLISION Equipment Repair&Maint Fleet Operating
174778 529 LANDFORM ENGINEERING COMPANY Design&Engineering ADC PROJECT
174779 96 LEIFELD FRAMING Operating Supplies Police
174780 621 LONESKY,JAMES G Other Contracted Services Softball
174781 10 LUNDGREN,AUDREY Program Fee Classes/Programs/Events
174782 7,201 MACQUEEN EQUIPMENT INC Equipment Parts Fleet Operating
174783 480 MAECK,TOM Other Contracted Services Community Band
174785 28,382 MARK VII Misc Taxable Prairie View Liquor Store
174786 486 MAYNARD,PATRICK Capital Under$10,000 Fire Station#4
174787 120 MEATH-NELSON,WENDI Other Contracted Services Special Events(CC)
174788 112 MENARDS Operating Supplies Park Maintenance
174789 821 METRO SALES INCORPORATED* Other Rentals General
174790 37,942 METROPOLITAN COUNCIL Due to Other Governments SAC Agency Fund
174791 194 MIDAS Equipment Repair&Maint Fleet Operating
174792 178 MIDWEST ASPHALT CORPORATION Waste Blacktop/Concrete Street Maintenance
174793 2,232 MIDWEST COCA COLA BOTTLING COM Misc Taxable Prairie View Liquor Store
174794 1,252 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund
174795 74 MINNESOTA CONWAY Operating Supplies Fire
Check# Amount Vendor/Explanation Account Description Business Unit
174796 23 MINNESOTA DEPT OF HEALTH Licenses&Taxes Water Distribution
174797 4,553 MINNESOTA HIGHWAY SAFETY&RES Tuition Reimbursement/School Police
174798 1,320 MINNESOTA NATIVE LANDSCAPES Other Contracted Services Storm Drainage
174799 260 MINNESOTA TROPHIES&GIFTS Operating Supplies Police
174800 5,140 MINNESOTA UC FUND Unemployment Compensation Organizational Services
174801 14 MIRANDA,LORI Lessons&Classes Girls on the Run
174802 156 MOBILE RADIO ENGINEERING INC Equipment Parts Wireless Communication
174803 111 MTI DISTRIBUTING INC Equipment Parts Fleet Operating
174804 476 NEW FRANCE WINE COMPANY Transportation Prairie View Liquor Store
174805 51 NEWPAPER LLC Operating Supplies City Council
174807 429 O'REILLY AUTOMOTIVE INC Equipment Parts Fleet Operating
174808 121 OLSEN COMPANIES Repair&Maint.Supplies Park Maintenance
174810 11,345 PAUSTIS&SONS COMPANY Transportation Prairie View Liquor Store
174811 10 PEDERSON,TODD Events/Admission Fee Ice Show
174812 26 PETERSON,GERALDINE Memberships Community Center Admin
174813 317 PETTY CASH-POLICE DEPT Training Supplies Police
174817 21,444 PHILLIPS WINE AND SPIRITS INC Transportation Prairie View Liquor Store
174818 233 PLASTICS INTERNATIONAL Equipment Repair&Maint Park Maintenance
174819 126 POMP'S TIRE SERVICE INC Tires Fleet Operating
174820 1,271 PRIOR WINE COMPANY Transportation Den Road Liquor Store
174821 273 PUBLIC EMPLOYEES RETIREMENT AS Pension-PERA Community Center Admin
174822 201 QUALITY PROPANE Motor Fuels Ice Arena Maintenance
174826 22,258 QUALITY WINE&SPIRITS CO Beer Prairie View Liquor Store
174827 16,057 QUIRING TRUCKING&EXCAVATING Improvements to Land Parks Referendum
174828 206 RAY ALLEN MANUFACTURING CO INC Canine Supplies Police
174829 416 RAY,LEE Other Contracted Services Softball
174830 81 RDO EQUIPMENT CO Equipment Parts Fleet Operating
174831 225 REYNOLDS,ROB Pager&Cell Phone Police
174832 29 RICHFIELD,CITY OF Operating Supplies Fleet Operating
174833 335 RUFFRIDGE JOHNSON EQUIPMENT CO Equipment Parts Fleet Operating
174834 46 RUMFORD,JOAN Special Event Fees Red Hat
174835 3,508 SCHARBER&SONS Equipment Parts Fleet Operating
174836 459 SHAMROCK GROUP,INC-ACE ICE Transportation Prairie View Liquor Store
174837 26 SHERWIN WILLIAMS CO Operating Supplies Park Maintenance
174838 1,099 SHORT ELLIOTT HENDRICKSON INC Other Contracted Services Storm Drainage
174839 73 SHRED-IT Waste Disposal City Center Operations
174840 119 SIGHTLINE DISPLAYS,LLC Other Contracted Services Park Maintenance
174841 135 SNAP-ON TOOLS Small Tools Fleet Operating
174842 147,000 SOLOMON REAL ESTATE GROUP INC Deposits Escrow
174843 2,000 SOUTH METRO PUBLIC SAFETY TRAI Tuition Reimbursement/School Police
174844 3,141 SOUTHDALE YMCA-CHILD CARE Refunds CDBG-Public Service
174845 1,602 SPECTRACOM CORPORATION Capital Under$10,000 E-911 Program
174846 76 ST JOSEPH EQUIPMENT INC Equipment Parts Fleet Operating
174847 41 STAR TRIBUNE Advertising Eden Prairie Players
174848 123 STEINER,SHARON Special Event Fees Red Hat
174849 119 STOP STICK LTD. Training Supplies Police
174850 1,519 STREICHERS Clothing&Uniforms Police
174851 50 SUBURBAN CHEVROLET Equipment Parts Fleet Operating
174852 462 SURLY BREWING CO Beer Prairie Village Liquor Store
174853 37,705 THORPE DISTRIBUTING Misc Taxable Prairie View Liquor Store
174854 4,062 TKDA Design&Engineering Utility Improvement Fund
174855 21 TOLL GAS AND WELDING SUPPLY Operating Supplies Park Maintenance
174856 35 TRUTHE,ADRIANNE Lessons&Classes Fitness Classes
174857 147 UNITED STATES MECHANICAL INC Contract Svcs-Plumbing Community Center Maintenance
174858 15,954 VIDEOTRONIX INC Capital Under$10,000 CIP-Bonds
174859 153 VINO SOURCE,THE Liquor Den Road Liquor Store
174860 400 VTI Other Contracted Services CIP-Bonds
174861 600 WALSER,ROBERT Y Other Contracted Services Riley-Jacques Barn
174862 168 WEEDMAN,NICOLE Mileage&Parking Youth Programs Administration
174863 124 WERTS,SANDY Mileage&Parking Arts
174864 177 WICHTERMAN'S LTD Equipment Parts Fleet Operating
174865 2,677 WINE COMPANY,THE Transportation Prairie View Liquor Store
174867 8,249 WINE MERCHANTS INC Transportation Prairie View Liquor Store
174868 359 WITT,BETH Mileage&Parking Aquatics&Fitness Admin
174869 80 WOLFGRAM,JANE Lessons&Classes Pool Lessons
Check# Amount Vendor/Explanation Account Description Business Unit
174870 3,316 WORLD CLASS WINES INC Transportation Den Road Liquor Store
174871 9 WYATT,JAMES AR Utility Water Enterprise Fund
174872 308 ZAHN,GERALD Other Contracted Services Volleyball
174873 15 ZURN,REVONDA Program Fee Outdoor Center
174874 8,122 A-SCAPE INC Contract Svcs-Lawn Maint. Fire Station#3
174875 1,000 ASPEN WASTE SYSTEMS INC. Waste Disposal Community Center Maintenance
174876 397 ASSET RECOVERY CORPORATION Other Hardware IT Operating
174877 962 AVI SYSTEMS INC Other Contracted Services Communication Services
174878 68 BIFFS INC Waste Disposal Park Maintenance
174879 1,111 BME CONSULTING Other Contracted Services Assessing
174880 2,738 CDW GOVERNMENT INC. Operating Supplies Street Maintenance
174882 3,308 CENTURYTEL Telephone Senior Center Operations
174883 633 CLAREYS INC Office Supplies General
174884 367 CUSTOM REFRIGERATION INC Contract Svcs-Garden Romm Garden Room Repairs
174885 2,913 DELL Computers IT Operating
174886 371 DISPLAY SALES Supplies-General Bldg General Facilities
174887 8,090 DIVERSE BUILDING MAINTENANCE Janitor Service Fire Station#4
174888 471 ECOLAB INC Contract Svcs-Pest Control Historical Buildings
174889 931 EDINA,CITY OF Miscellaneous IT Operating
174890 55 FEIDT,ADAM M Mileage&Parking IT Operating
174891 31 G&K SERVICES Clothing&Uniforms Park Maintenance
174892 1,446 GE CAPITAL Other Rentals General
174893 540 GOVDELIVERY Software Maintenance IT Operating
174894 2,582 GRAINGER Supplies-Electrical Fire Station#4
174895 13,647 GRANICUS INC Software Maintenance IT Operating
174896 36 GUNNAR ELECTRIC CO INC Operating Supplies Purgatory Creek Rec Area
174897 1,500 HANSEN THORP PELLINEN OLSON Other Contracted Services Planning&Development
174898 903 HENNEPIN COUNTY I/T DEPT Software Maintenance IT Operating
174899 3,217 IDEAL SYSTEM SOLUTIONS INC Other Hardware CIP-Bonds
174900 326 INTEGRA TELECOM Other Contracted Services IT Operating
174901 379 ITASCA GREENHOUSE INC Landscape Materials/Supp Tree Disease
174902 413 J H LARSON COMPANY Supplies-Electrical City Hall-CAM
174903 68 MCWATERS,LORENE Office Supplies City Manager
174904 543 METRO SALES INCORPORATED* Other Rentals General
174905 56 MINNESOTA TROPHIES&GIFTS Signs Park Maintenance
174906 2,077 MINNESOTA VALLEY ELECTRIC COOP Electric Riley Lake
174907 12,000 MMKR Audit&Financial Sewer Accounting
174908 1,368 NCT INC Conference Expense IT Operating
174909 5,971 NORTHSHORE ADVISORS LLC Interest Investment Fund
174910 20 PC MALL Other Hardware IT Operating
174911 808 R D&ASSOC SPECIALIZED SERVIC Other Contracted Services Tree Disease
174912 428,569 RJM CONSTRUCTION INC Improvements to Land Park Acquisition&Development
174913 27,324 SOFTWARE HOUSE INTERNATIONAL I Software and Hardware IT Operating
174914 176 SPS COMPANIES Supplies-Plumbing Community Center Maintenance
174915 1,803 STAR TRIBUNE Employment Advertising Organizational Services
174916 52 SULLIVAN,SHAUN Mileage&Parking General Facilities
174917 370 THYSSENKRUPP ELEVATOR CORPORAT Contract Svcs-Elevator Community Center Maintenance
174918 475 URBAN LAND INSTITUTE Dues&Subscriptions Economic Development
174919 75 US BANK Other Contracted Services Health and Benefits
174920 495 VSA INC Video&Photo Supplies Communication Services
174921 4,180 WALL TRENDS INC Building Repair&Maint. Capital Impr./Maint.Fund
174922 206,800 WEST HENNEPIN AFFORDABLE HOUSI Other Contracted Services Rehab
174923 58 WU,LISA Miscellaneous IT Capital
174924 200 ZIEGLER INC Contract Svcs-Electrical Public Works/Parks
174925 4 NEWPAPER LLC Operating Supplies City Council
174926 384 RONNING,EILEEN Instructor Service Classes/Programs/Events
174927 82 STATE OF MINNESOTA Operating Supplies Fleet Operating
174928 921 PETTY CASH Mileage&Parking Water Distribution
174929 6,535 STANDARD INSURANCE CO Life Insurance EE/ER Health and Benefits
174930 420 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center
174931 161 A TO Z RENTAL CENTER Operating Supplies Fire
174932 90 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events
174933 1,037 ABM EQUIPMENT AND SUPPLY COMPA Equipment Repair&Maint Fleet Operating
174934 9 ACCURINT-ACCOUNT#1348824 Other Contracted Services Police
174935 43,740 AERO-METRIC INC Other Contracted Services Storm Drainage
Check# Amount Vendor/Explanation Account Description Business Unit
174936 177 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Prairie Village Liquor Store
174937 1,001 ANCHOR PAPER COMPANY Office Supplies General
174938 368 ANDERSON,BRYAN E Other Contracted Services Softball
174939 2 ANGELL-AIRE Cash Over/Short General Fund
174940 32 ASPEN MILLS Clothing&Uniforms Police
174941 20 BARSTAD,DANIEL Deposits Community Center Admin
174942 374 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating
174943 865 BERTELSON TOTAL OFFICE SOLUTIO Office Supplies Utility Operations-General
174944 5,760 BRAUER& ASSOCIATES LTD Design&Engineering Planning&Development
174945 738 BRAUN INTERTEC CORPORATION Improvements to Land Parks Referendum
174946 964 BROWN TRAFFIC PRODUCTS INC Equipment Repair&Maint Traffic Signals
174947 5 BRUNEAU,MARY Program Fee Classes/Programs/Events
174948 240 CANNON RIVER WINERY Wine Domestic Den Road Liquor Store
174949 1,098 CARGILL SALT Salt Snow&Ice Control
174950 375 CARTEGRAPH SYSTEMS INC Other Contracted Services Fleet Operating
174951 10 CENTER POINTE ENERGY Cash Over/Short General Fund
174952 368 CHRISTIANSEN,MIKE Other Contracted Services Softball
174953 687 CLAREYS INC Operating Supplies Therapeutic Rec Administration
174954 950 CORNERHOUSE Tuition Reimbursement/School Police
174955 1,231 CORPORATE EXPRESS Office Supplies General
174956 344 CUSTOM HEADSETS INC Capital Under$10,000 E-911 Program
174957 30,378 DAKOTA SUPPLY GROUP INC Capital Under$10,000 Utility Improvement Fund
174958 9,955 DAY DISTRIBUTING Misc Non-Taxable Prairie View Liquor Store
174959 48 DMX MUSIC Other Contracted Services Prairie Village Liquor Store
174960 616 DOHERTY,SANDRA L Other Contracted Services Volleyball
174961 18 DOLLERSCHELL,KATHLEEN Program Fee Classes/Programs/Events
174962 1,600 EAGLE WINE COMPANY Wine Imported Den Road Liquor Store
174963 2,242 EARL F ANDERSEN INC Signs Traffic Signs
174964 4,817 EGAN OIL COMPANY Lubricants&Additives Fleet Operating
174965 4,894 ELECTRIC PUMP Equipment Repair&Maint Water System Maintenance
174966 4,399 ELECTRICAL MECHANICAL SERVICES Equipment Repair&Maint Utility Improvement Fund
174967 614 EXECUTIVE OCEAN Operating Supplies City Council
174968 458 FALCK,TIMOTHY R Other Contracted Services Softball
174969 149 FASTENAL COMPANY Operating Supplies Park Maintenance
174970 332 FERRELLGAS Equipment Parts Fleet Operating
174971 395 FLYING CLOUD T/S#U70 Waste Disposal Park Maintenance
174972 49 FOSLINE,AMY Program Fee Spring Skill Development
174973 55 GINA MARIAS INC Operating Supplies Fire
174974 1,067 GOPHER STATE ONE-CALL INC OCS-Leak Detection Utility Operations-General
174975 974 GRAINGER Operating Supplies Utility Operations-General
174976 7,855 GRAYMONT Treatment Chemicals Water Treatment Plant
174978 13,077 GRIGGS COOPER&CO Wine Domestic Den Road Liquor Store
174979 5,235 GWS INC Operating Supplies Ice Show
174980 2,450 HACH COMPANY Laboratory Chemicals Water Treatment Plant
174981 138 HALL,DERRECK Other Contracted Services Softball
174982 256 HAMMERSCHMIDT,RICK Conference Expense Fire
174983 40 HANISCH,RYAN&ANDREA Deposits Community Center Admin
174984 80,556 HARRIS STRATEX NETWORKS OPERAT Other Assets CIP-Bonds
174985 32 HD SUPPLY WATERWORKS LTD Repair&Maint.Supplies Park Maintenance
174986 2,195 HENNEPIN COUNTY SHERIFF'S OFFI Board of Prisoner Police
174987 1,832 HERSEY-METERS Equipment Parts Water Metering
174988 400 HERZIG,DAVID Operating Supplies Purgatory Creek Recreation Are
174989 849 HIGH TECH CRIME INSTITUTE INC Tuition Reimbursement/School Police
174990 10 HINTON,KARI Daily Fees-Fitness Fitness Center
174991 40 HJERMSTAD,ROD Deposits Community Center Admin
174992 40 HJERMSTAD,TERI Deposits Community Center Admin
174993 1,796 HOHENSTEINS INC Beer Prairie View Liquor Store
174994 2,968 HYDROLOGIC Repair&Maint.Supplies Park Maintenance
174995 275 IACP Tuition Reimbursement/School Police
174996 577 ICI DULUX PAINT CTRS Equipment Repair&Maint Water Treatment Plant
174997 207 IMAGETECH SERVICES Operating Supplies Park Maintenance
174998 1,126 INDUSTRIAL FLOOR MAINTENANCE I Equipment Parts Fleet Operating
174999 148 INDUSTRIAL LIGHTING SUPPLY INC Operating Supplies Utility Operations-General
175000 20 JACQUES,GLORIA Deposits Community Center Admin
175001 8,162 JJ TAYLOR DIST OF MN Transportation Prairie View Liquor Store
Check# Amount Vendor/Explanation Account Description Business Unit
175004 25,685 JOHNSON BROTHERS LIQUOR CO Transportation Den Road Liquor Store
175005 325 KAISER,DAVID S Contract Svcs-General Bldg Community Center Maintenance
175006 363 KEEPERS Clothing&Uniforms Fire
175007 25 KOCOUREK,JOAN Clothing&Uniforms Police
175008 335 KRAEMER MINING&MATERIALS INC Gravel Street Maintenance
175009 22 KRAEMERS HARDWARE INC Operating Supplies Park Maintenance
175010 20 KRANTZ,DONALD Deposits Community Center Admin
175011 20 KREBS,PEGGY Deposits Community Center Admin
175012 963 KUSTOM SIGNALS INC Equipment Repair&Maint Police
175013 820 LAB SAFETY SUPPLY INC Cleaning Supplies Utility Operations-General
175014 219 LAKE COUNTRY DOOR LLC Other Contracted Services Water Storage
175015 40 LAMBERTY,DAVID Deposits Community Center Admin
175016 20 LARSON,ARVID Deposits Community Center Admin
175017 20 LARSON,KIMBERLY Deposits Community Center Admin
175018 20 LEVOIR,PAMELA Deposits Community Center Admin
175019 276 LONESKY,JAMES G Other Contracted Services Softball
175020 8,077 M R SIGN Signs Traffic Signs
175021 254 M.AMUNDSON LLP Operating Supplies Prairie View Liquor Store
175022 14,488 MARK VII Beer Den Road Liquor Store
175023 21 MENARDS Small Tools Park Maintenance
175024 351 METRO ATHLETIC SUPPLY Operating Supplies Park Maintenance
175025 254,815 METROPOLITAN COUNCIL ENVIRONME Waste Disposal Sewer Utility-General
175026 30 METROPOLITAN FORD Equipment Parts Fleet Operating
175027 4 MIDWEST ASPHALT CORPORATION Waste Blacktop/Concrete Street Maintenance
175028 403 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store
175029 53 MINNESOTA CHIEFS OF POLICE ASS Printing Police
175030 97 MINNESOTA PIPE AND EQUIPMENT* Repair&Maint.Supplies Water System Maintenance
175031 49,285 MN DNR WATERS Licenses&Taxes Water Treatment Plant
175032 106 MN MAINTENANCE EQUIPMENT INC Equipment Repair&Maint Park Maintenance
175033 984 MRCI Equipment Parts Snow&Ice Control
175034 63,397 MTI DISTRIBUTING INC Equipment Parts Fleet Operating
175035 437 NEUMANN,NEAL Other Contracted Services Softball
175036 1,888 NEW FRANCE WINE COMPANY Transportation Den Road Liquor Store
175037 274 NEWTON,J.RANDALL Mileage&Parking Engineering
175038 175 NUCO2 INC Chemicals Pool Maintenance
175039 972 PAUSTIS&SONS COMPANY Transportation Prairie Village Liquor Store
175040 62 PEPSI COLA COMPANY Misc Taxable Prairie Village Liquor Store
175042 10,686 PHILLIPS WINE AND SPIRITS INC Wine Imported Den Road Liquor Store
175043 1,695 PRAIRIE ELECTRIC COMPANY Equipment Repair&Maint Sewer Liftstation
175044 1,735 PRIOR WINE COMPANY Wine Imported Den Road Liquor Store
175045 2,840 PRISTINE WATER SOLUTIONS Treatment Chemicals Water Treatment Plant
175046 40 PRONDZINSKI,COREY Deposits Community Center Admin
175047 40 PRONDZINSKI,JENNIFER Deposits Community Center Admin
175048 115 QUALITY PROPANE Motor Fuels Ice Arena Maintenance
175050 14,341 QUALITY WINE&SPIRITS CO Transportation Prairie View Liquor Store
175051 1,062 R D&ASSOC SPECIALIZED SERVIC Other Contracted Services Tree Removal
175052 46 RAY ALLEN MANUFACTURING CO INC Canine Supplies Police
175053 676 RAY,LEE Other Contracted Services Softball
175054 523 REBS MARKETING Other Contracted Services Water Accounting
175055 168 REED BUSINESS INFORMATION Advertising Park Acquisition&Development
175056 57 RICHFIELD,CITY OF Operating Supplies Fleet Operating
175057 150 SCRAP METAL PROCESSORS INC Waste Disposal Fleet Operating
175058 2,546 SENIOR COMMUNITY SERVICES Refunds CDBG-Public Service
175059 184 SETON IDENTIFICATION PRODUCTS Signs Capital Impr./Maint.Fund
175060 239 SHAMROCK GROUP,INC-ACE ICE Misc Non-Taxable Den Road Liquor Store
175061 20 SHIELDS,PATRICIA Deposits Community Center Admin
175062 69 SMITH,MEGAN Other Contracted Services Softball
175063 761 SNAP-ON TOOLS Small Tools Fleet Operating
175064 16,510 SRF CONSULTING GROUP INC Other Contracted Services Storm Drainage
175065 1,478 ST PAUL,CITY OF Patching Asphalt Street Maintenance
175066 501 STANLEY SECURITY SOLUTIONS INC Supplies-Security Community Center Maintenance
175067 238 STAR TRIBUNE Dues&Subscriptions Utility Operations-General
175068 90 STAY ONLINE Capital Under$10,000 E-911 Program
175069 108 STIFEL,BRENDA AR Utility Water Enterprise Fund
175070 200 STODOLA,RAY Program Fee Outdoor Center
Check# Amount Vendor/Explanation Account Description Business Unit
175071 91 STOVRING,LESLIE Miscellaneous Storm Drainage
175072 1,008 STREICHERS Clothing&Uniforms Police
175073 105 SUBURBAN CHEVROLET Equipment Parts Fleet Operating
175074 3,636 SUNRAM CONSTRUCTION Improvements to Land Park Acquisition&Development
175075 15,918 THORPE DISTRIBUTING Beer Prairie View Liquor Store
175076 20 TOMLINSON,TERRI Deposits Community Center Admin
175077 85 TWIN CITY AREA LABOR MGMT COUN Conference Expense Engineering
175078 313 UNLIMITED SUPPLIES INC Equipment Parts Fleet Operating
175079 2,404 URBAN COMMUNICATIONS Other Rentals Ice Show
175080 169 VALLEY NAT'L GASES-LOC 93 Equipment Parts Fleet Operating
175081 442 VESSCO INC Equipment Parts Water Treatment Plant
175082 372 VINO SOURCE,THE Transportation Prairie Village Liquor Store
175083 528 VINOCOPIA Transportation Den Road Liquor Store
175084 223 VWR INTERNATIONAL INC Laboratory Chemicals Water Treatment Plant
175085 36 WALSER CHRYSLER JEEP Equipment Parts Fleet Operating
175086 40 WANG,CHAUNFENG Deposits Community Center Admin
175087 162 WESTWOOD PROFESSIONAL SERVICES Other Contracted Services Storm Drainage
175088 40 WILHELM,NATHAN&LINEA Deposits Community Center Admin
175089 596 WINE COMPANY,THE Transportation Prairie View Liquor Store
175090 783 WINE MERCHANTS INC Transportation Den Road Liquor Store
175091 4,324 WM MUELLER AND SONS INC Gravel Water System Maintenance
175092 172 WOLD,TANA Mileage&Parking Prairie View Liquor Store
175093 717 WORK CONNECTION,THE Other Contracted Services Park Maintenance
175094 308 WREDE,JULIANE Other Contracted Services Volleyball
175095 7,850 YALE MECHANICAL INC Building Repair&Maint. Water Wells
175096 930 ZHEN,PING AR Utility Water Enterprise Fund
175097 9,587 A-SCAPE INC Contract Svcs-Lawn Maint Dunn Brothers
175098 208 ALTERNATIVE BUSINESS FURNITURE Capital Under$10,000 Furniture
175099 3,223 AMSAN LLC Operating Supplies Community Center Maintenance
175100 2,541 ASPEN WASTE SYSTEMS INC. Waste Disposal Public Works/Parks
175101 90 AT&T MOBILITY Pager&Cell Phone Water System Maintenance
175102 292 AVI SYSTEMS INC Equipment Repair&Maint Communication Services
175103 72 BATTERIES PLUS Supplies-HVAC City Hall-CAM
175104 639 BLOOMINGTON SECURITY SOLUTIONS Contract Svcs-Security Park Shelters
175106 7,344 CENTERPOINT ENERGY Gas Prairie View Liquor Store
175107 36,700 CENTERPOINT ENERGY SERVICES IN Gas Water Treatment Plant
175108 198 CLAREYS INC Office Supplies General
175109 149 CLARITAS INC Other Contracted Services Economic Development
175110 60 COMCAST Dues&Subscriptions City Council
175111 774 CONTROL SERVICES OF MINNESOTA, Contract Svcs-HVAC City Hall-CAM
175112 1,581 CORPORATE EXPRESS Office Supplies General
175113 551 CREAMER,LORI Tuition Reimbursement/School Organizational Services
175114 543 CUSTOM WATER WORKS Miscellaneous Reserve
175115 1,447 DECORATIVE DESIGNS INC Contract Svcs-Garden Rm/Ca£ City Hall-CAM
175116 8,152 DELL Computers IT Operating
175120 75,807 DIVERSE BUILDING MAINTENANCE C H Robinson-Cleaning Suppli City Ctr-Tenant Direct Costs
175121 1,701 ECOLAB INC Contract Svcs-Pest Control Fire Station#2
175122 50 EDEN PRAIRIE CHAMBER OF COMMER Miscellaneous City Manager
175123 1,055 EMPLOYERS ASSOCIATION INC Other Contracted Services Organizational Services
175124 383 FSH COMMUNICATIONS LLC Telephone Round Lake
175125 151 GARDEN ROOM FRATELLI'S GARDEN Miscellaneous City Council
175126 439 GE CAPITAL Other Rentals General
175127 1,846 GRAINGER Supplies-General Bldg Community Center Maintenance
175128 321 GREATAMERICA LEASING CORP. Postage General
175129 210 GREENSIDE INC Contract Svcs-Snow Removal Fire Station#1
175130 1,302 GWS INC Clothing&Uniforms Community Center Maintenance
175131 1,150 HARLEY CONSULTING&COACHING Other Contracted Services Organizational Services
175132 2,663 HENNEPIN COUNTY Refunds CDBG-Public Service
175133 213 ICERINK SUPPLY CO Contract Svcs-Ice Rink Ice Arena Maintenance
175134 4,652 INTEREUM INC Capital Under$10,000 Furniture
175135 866 J H LARSON COMPANY Equipment Repair&Maint Traffic Signals
175136 289 JANEX INC Supplies-General Bldg General Facilities
175137 349 KRISS PREMIUM PRODUCTS INC Supplies-HVAC City Hall-CAM
175138 727 LAKE COUNTRY DOOR LLC Contract Svcs-General Bldg Fire Station#1
175140 4,198 METRO SALES INCORPORATED* Other Rentals General
Check# Amount Vendor/Explanation Account Description Business Unit
175141 127 MINNESOTA PRINT MANAGEMENT LLC Office Supplies General
175142 9 MINNESOTA VALLEY ELECTRIC COOP Electric Riley Creek Woods
175143 520 MINNETONKA,CITY OF Miscellaneous Reserve
175144 11,000 MMKR Audit&Financial Sewer Accounting
175145 2,522 NEW PIG CORPORATION Supplies-General Bldg General Facilities
175146 344 PITNEY BOWES Postage General
175147 3,259 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical Fire Station#1
175148 72 PRINTERS SERVICE INC Contract Svcs-Ice Rink Ice Arena Maintenance
175149 144 QUALITY PROPANE Motor Fuels Ice Arena Maintenance
175150 91 QUICKSILVER EXPRESS COURIER Operating Supplies Police
175151 5,041 QWEST Telephone Prairie Village Liquor Store
175152 980 RELIAKOR SERVICES INC Contract Svcs-Asphalt/Concr. Den Bldg.-CAM
175153 510 RIDGEVIEW MEDICAL CENTER Employment Support Test Organizational Services
175154 589 SCHMIDT,MICHAEL Tuition Reimbursement/School Organizational Services
175155 715 SONNY'S BUILDING MAINTENANCE Contract Svcs-Roof City Hall-CAM
175156 3,434 SOUTHWEST SUBURBAN PUBLISHING- Printing Communication Services
175157 890 SPS COMPANIES Supplies-Plumbing Park Shelters
175158 459 STATE SUPPLY COMPANY Supplies-Plumbing Park Shelters
175159 26 STREICHERS Clothing&Uniforms Police
175160 2,600 SUBURBAN RATE AUTHORITY Dues&Subscriptions City Council
175161 237 SULLIVANS UTILITY SERVICES INC Contract Svcs-Plumbing Police City Center
175162 1,136 SUN CONTROL OF MINNESOTA Contract Svcs-General Bldg Public Works/Parks
175163 290 SUPERIOR STRIPING INC Contract Svcs-Asphalt/Concr. City Hall-CAM
175164 452 THYSSENKRUPP ELEVATOR CORPORAT Contract Svcs-Elevator Community Center Maintenance
175165 750 TWIN CITY FILTER SERVICE INC Supplies-HVAC City Hall-CAM
175166 1,853 USA MOBILITY WIRELESS INC Pager&Cell Phone Wireless Communication
175167 109 VERIZON WIRELESS Pager&Cell Phone Water Distribution
175168 11,380 WALL TRENDS INC Contract Svcs-General Bldg Police City Center
175169 1,558 WATER SPECIALTY OF MN INC Chemicals Pool Maintenance
175178 107,010 XCEL ENERGY Electric Traffic Signals
175179 18,997 YALE MECHANICAL INC Contract Svcs-HVAC Public Works/Parks
175180 238 ZIEGLER INC Contract Svcs-Fire/Life/Safe Public Works/Parks
175186 40 GTCTA Conference Expense Tennis
175187 70 GUSTAD,MARK Tuition Reimbursement/School Police
175188 68 MCGINTY-VANSICKLE,PATTI Mileage&Parking Police
175189 90 MINNESOTA BD OF PEACE OFFICER Dues&Subscriptions Police
175190 1,483 RICHFIELD,CITY OF Autos Police
175191 389 GENERAL GROWTH PROPERTIES LP-E Building Rental Housing and Community Service
175192 9,217 PRAIRIE PARTNERS SIX LLP Advertising Prairie Village Liquor Store
175193 8,068 PRAIRIEVIEW RETAIL LLC Advertising Prairie View Liquor Store
3,034,755 Grand Total
City of Eden Prairie
US Bank Purchasing Card
Payment 4/20/2008
Amount Explanation Account Description BU Description
1,259 US-Scope for Sniper Rifle Training Supplies Police
2,210 US-Feb'08 Bldg Surcharge Building Surcharge General Fund
571 US-Feb'08 Bldg Surcharge Mechanical Surcharge General Fund
121 US-Feb'08 Bldg Surcharge Plumbing Surcharge General Fund
-58 US-Feb'08 Bldg Surcharge Other Revenue General Fund
55 US-Medtech Conf-S.Neal Miscellaneous City Manager
68 US-Taxi-NLC Conference Travel Expense City Manager
59 US-Taxi-NLC Conference Travel Expense City Manager
64 US-Park.while at NLC Conf. Travel Expense City Manager
1,125 US-Hotel-NLC Conference Travel Expense City Manager
212 US-Council Workshop Food Miscellaneous City Council
700 US-Mayor Conf-Phil Young Conference Expense City Council
116 US-Budget Adv Mtg Food Miscellaneous City Council
37 US-RSVP Cards-Bds&Comm Postage City Council
55 US-Medtech Conf-Butcher Miscellaneous City Council
23 US-Parking-NLC Conference Travel Expense City Council
18 US-Parking-NLC Conference Travel Expense City Council
45 US-Food-NLC Conference Travel Expense City Council
60 US-Food-NLC Conference Travel Expense City Council
130 US-Car Rental-NLC Conf. Travel Expense City Council
23 US-Parking-NLC Conference Travel Expense City Council
10 US-Parking-NLC Conference Travel Expense City Council
15 US-Parking-NLC Conference Travel Expense City Council
15 US-Parking-NLC Conference Travel Expense City Council
50 US-Travel Fees Travel Expense City Council
15 US-Travel Fees Travel Expense City Council
493 US-Hotel-NLC Conference Travel Expense City Council
239 US-Recog.Gift-Lance Brace Operating Supplies Internal Events
10 US-Employee Recog.Photos Video&Photo Supplies Internal Events
110 US-Recog.Gift-S.Johnson Employee Award Internal Events
207 US-MN Clerks'Annual Conf Conference Expense City Clerk
49 US-Work w/Muslim Seminar Conference Expense Communication Services
1,095 US-Warr.Control Rm Server Equipment Repair&Maint Communication Services
49 US-Work w/Muslim Seminar Conference Expense Communication Services
49 US-Work w/Muslim Seminar Conference Expense Communication Services
14 US-T.Lammers Retirement Employee Award Organizational Services
213 US-On-line Survey Tool Dues&Subscriptions Organizational Services
300 US-Conference-Koivumaki Conference Expense Housing and Community Service
10 US-HRD Comm Mtg Food Miscellaneous Housing and Community Service
-49 US-Credit-Flight Schedule Conference Expense Planning
8 US-Blog Software Information Technology
109 US-Real Estate Seminar Other Contracted Services Economic Development
6 US-Seed Production Operating Supplies Park Maintenance
62 US-Paint&Oak Park Supp Operating Supplies Park Maintenance
41 US-Park Maint.Supplies Operating Supplies Park Maintenance
20 US-Park Maint.Tools Operating Supplies Park Maintenance
47 US-Picnic Table Supplies Operating Supplies Park Maintenance
6 US-Maintenance Supplies Operating Supplies Park Maintenance
141 US-Picnic Table Supplies Repair&Maint. Supplies Park Maintenance
12 US-Ballfield Equipment Operating Supplies Park Maintenance
13 US-Park Maint. Supplies Operating Supplies Park Maintenance
50 US-Parts for Outdoor Ctr. Operating Supplies Park Maintenance
117 US-Parts/Tools-Outdoor Ctr Operating Supplies Park Maintenance
33 US-Outdoor Ctr Supplies Operating Supplies Park Maintenance
8 US-Outdoor Ctr Supplies Operating Supplies Park Maintenance
223 US-Out.Ctr/Pk Shop Supp. Building Repair&Maint. Park Maintenance
154 US-Chainsaw Work Suppl. Safety Supplies Park Maintenance
29 US-Chain Saw Oil Operating Supplies Park Maintenance
14 US-Park Maint. Supplies Operating Supplies Park Maintenance
63 US-Park Maint. Supplies Building Repair&Maint. Park Maintenance
387 US-Cordless Drills Small Tools Park Maintenance
180 US-Picnic Table Brds/Bolts Repair&Maint. Supplies Park Maintenance
8 US-Picnic Table Bolts Repair&Maint. Supplies Park Maintenance
140 US-Work Boots Clothing&Uniforms Park Maintenance
152 US-Breakfast w/the Bunny Operating Supplies Community Center Admin
93 US-EPCCMembershipCards Office Supplies Community Center Admin
319 US-Banner-Swim Lessons Printing Aquatics&Fitness Admin
279 US-Fitness Train.Workshop Tuition Reimbursement/School Fitness Classes
207 US-Banner Stand Operating Supplies Ice Arena
63 US-EPCC Office Supplies Operating Supplies Ice Arena
37 US-Coffee for EPCC Operating Supplies Ice Arena
431 US-Ice Skating Badges Operating Supplies Ice Arena
25 US-Ice Show Endorsement Licenses,Permits,Taxes Ice Arena
174 US-Ice Show Banner Operating Supplies Ice Arena
6 US-Ice for Room Rental Merchandise for Resale Concessions
119 US-Youth Rec Prog.Suppl. Operating Supplies Youth Programs Administration
14 US-Spring Break Supplies Operating Supplies Youth Programs Administration
4 US-Spring Break Supplies Operating Supplies Youth Programs Administration
252 US-Archery Supplies Video&Photo Supplies Spring Skill Development
203 US-Archery Supplies Video&Photo Supplies Spring Skill Development
203 US-Archery Supplies Video&Photo Supplies Summer Skill Development
252 US-Archery Supplies Video&Photo Supplies Summer Skill Development
56 US-Spring Break Week Operating Supplies Special Events&Trips
97 US-Spring Break Week Special Event Fees Special Events&Trips
137 US-Spring Break Week Operating Supplies Special Events&Trips
304 US-Preschool Nemo Trip Special Event Fees Preschool Events
19 US-WILS Career Advancem. Operating Supplies Therapeutic Rec Administration
20 US-Sum.Musical AuditionAd Advertising Arts Initiative
121 US-Food-Outdoor Ctr Trip Operating Supplies Outdoor Center
75 US-Gas-Outdoor Ctr Trip Operating Supplies Outdoor Center
85 US-Gas-Outdoor Ctr Trip Operating Supplies Outdoor Center
75 US-Gas-Outdoor Ctr Trip Operating Supplies Outdoor Center
75 US-Gas-Outdoor Ctr Trip Operating Supplies Outdoor Center
75 US-Gas-Outdoor Ctr Trip Operating Supplies Outdoor Center
73 US-Gas-Outdoor Ctr Trip Operating Supplies Outdoor Center
81 US-Gas-Outdoor Ctr Trip Operating Supplies Outdoor Center
275 US-Hotel-Outdoor Ctr Trip Operating Supplies Outdoor Center
275 US-Hotel-Outdoor Ctr Trip Operating Supplies Outdoor Center
275 US-Hotel-Outdoor Ctr Trip Operating Supplies Outdoor Center
275 US-Hotel-Outdoor Ctr Trip Operating Supplies Outdoor Center
275 US-Hotel-Outdoor Ctr Trip Operating Supplies Outdoor Center
275 US-Hotel-Outdoor Ctr Trip Operating Supplies Outdoor Center
275 US-Hotel-Outdoor Ctr Trip Operating Supplies Outdoor Center
188 US-Snacks for GOTR Operating Supplies Girls on the Run
129 US-Prizes for GOTR Operating Supplies Girls on the Run
80 US-Around Town Outing Special Event Fees Around Town
252 US-Hotel Fire Conv-L.Brace Tuition Reimbursement/School Police
134 US-Parts for Gun Scope Training Supplies Police
225 US-Gun Part Supplies Training Supplies Police
244 US-Equip for Dept Training Training Supplies Police
103 US-Equip for Dept Training Training Supplies Police
175 US-LE Class-Chris Millard Tuition Reimbursement/School Police
375 US-Instructor Hotel Stay Tuition Reimbursement/School Police
341 US-Parts for M-4 Guns Training Supplies Police
250 US-LE Train.-Jim Morrow Tuition Reimbursement/School Police
29 US-Ladder for Armory Training Supplies Police
114 US-Hotel-J.Good-LE Train. Tuition Reimbursement/School Police
280 US-Airfare-J.Good-LE Train. Tuition Reimbursement/School Police
294 US-Airfare-Morrow-LE Train. Tuition Reimbursement/School Police
20 US-Airline Agent Fee Tuition Reimbursement/School Police
20 US-Airline Agent Fee Tuition Reimbursement/School Police
301 US-Hotel-Kapaun LE Train. Tuition Reimbursement/School Police
301 US-Hotel-T.Luke LE Train. Tuition Reimbursement/School Police
1,226 US-ERU Gun Supp/Equipm Training Supplies Police
84 US-Part for Sniper Rifle Training Supplies Police
607 US-Hotel-Kapaun LE Train. Tuition Reimbursement/School Police
374 US-Hotel-A.Rhode LE Train. Tuition Reimbursement/School Police
495 US-33 Bulk Recertification Employment Support Test Fire
540 US-FDIC Conf-S.Koering Conference Expense Fire
960 US-16 Bulk Test Registrat. Employment Support Test Fire
10 US-MNFAC Meeting Lunch Operating Supplies Fire
285 US-FDIC Conf-Ward Parker Travel Expense Fire
285 US-FDIC Conf-S.Koering Travel Expense Fire
14 US-Airline Booking Fee Travel Expense Fire
235 US-IAAI Conf-Scott Taylor Travel Expense Fire
235 US-IAAI Conf-Schaitberger Travel Expense Fire
157 US-IAAI Conf-Hammerschm. Travel Expense Fire
235 US-IAAI-Conf-Tony Liddell Travel Expense Fire
75 US-Member.Dues-S.Taylor Dues&Subscriptions Fire
154 US-Police/FireSoftware Mtg. Operating Supplies Fire
10 US-MNFAC Meeting Lunch Operating Supplies Fire
150 US-Work Zone-Online Train Conference Expense Engineering
110 US-Tree Pruners/Pole Saw Landscape Materials/Supp Street Maintenance
6 US-Lunch-Education Class Operating Supplies Street Maintenance
66 US-Sr.Awareness Buttons Operating Supplies Senior Board
715 US-Chairs for Fitness Class Machinery&Equipment Capital Impr./Maint.Fund
25 US-HeartRate Target-EPCC Capital Under$2,000 Capital Impr./Maint.Fund
57 US-Food-Water School Travel Expense Utility Operations-General
128 US-Food-Water School Travel Expense Utility Operations-General
15 US-Food-Water School Travel Expense Utility Operations-General
806 US-Hotel-Water School Travel Expense Utility Operations-General
20 US-Water Resources Mtg. Conference Expense Utility Operations-General
80 US-Seals for Piping-Rm#3 Equipment Parts Water Treatment Plant
109 US-Cooling Fans-Computer Equipment Repair&Maint Water Treatment Plant
41 US-Microswitches for cranes Equipment Repair&Maint Water Treatment Plant
76 US-Tool Cases Small Tools Water Treatment Plant
114 US-Hydrant Flushing Supp. Repair&Maint. Supplies Water System Maintenance
206 US-Water Plant Shop Supp. Repair&Maint. Supplies Water System Maintenance
149 US-Water Plant Shop Supp. Repair&Maint. Supplies Water System Maintenance
86 US-Water Plant Shop Supp. Repair&Maint. Supplies Sewer System Maintenance
51 US-Water Plant Shop Supp. Repair&Maint. Supplies Sewer System Maintenance
141 US-Water Plant Shop Supp. Repair&Maint. Supplies Sewer System Maintenance
15 US-Sewer Back-up Pictures Repair&Maint. Supplies Sewer System Maintenance
46 US-Lunch-Sat Snowplowing Operating Supplies Fleet Operating
54 US-E-permit Web Security Equipment Repair&Maint IT Operating
161 UAS-Phone Access-Police Computers IT Operating
314 US-Motor for Weed Sprayer Machinery&Equipment Public Works
552 US-Concrete Saw Machinery&Equipment Public Works
31,581 Payment Total
CITY COUNCIL AGENDA DATE:
SECTION: Ordinances & Resolutions June 3, 2008
DEPARTMENT/DIVISION: ITEM DESCRIPTION ITEM NO.: XI.A.
Public Works First Reading of an Ordinance
Leslie Stovring Amending City Code Section 3.30
Relating to Water Service
Requested Action
Move to: Approve First Reading of an Ordinance Amending City Code Section 3.30 Relating to
Rules and Regulations Relating To Water Service.
Synopsis
City Code Section 3.30 was amended to correct an error in the language of Subdivision 12 Section
B.
The section should be revised to state "property"rather than"resident"
Background Information
This revision clarifies the language within Subdivision 12 relating to Water Use Restrictions.
Currently Section B states:
"Alternating days means that residents with an address ending in an odd number may irrigate only
on odd-numbered days of the month and residents with an address ending in an even number may
irrigate only on even-numbered days of the month."
The word"residents" should be changed to "properties"to clarify that this section applies to all
properties within the City.
Attachments
Ordinance
SECTION 3.30. RULES AND REGULATIONS RELATING TO WATER SERVICE.
Subd. 1. Deficiency of Water and Shutting Off Water. The City is not liable for any deficiency
or failure in the supply of water to customers whether occasioned by shutting the water off for the
purpose of making repairs or connections or by any other cause whatever. In case of fire, or alarm
of fire, water may be shut off to ensure a supply for fire fighting. In making repairs or construction
of new works, water may be shut off at any time and kept off so long as may be necessary.
Subd. 2. Repair of Leaks. It is the responsibility of the consumer or owner to maintain the service
pipe from the curb stop into the house or other building. In case of failure upon the part of any
consumer or owner to repair any leak occurring in his service pipe within twenty-four (24) hours
after oral or written notice has been given the owner or occupant of the premises, the water may be
shut off and will not be turned on until a reconnection charge has been paid and the water service
has been repaired. When the waste of water is great or when damage is likely to result from the
leak, the water will be turned off if the repair is not proceeded with immediately.
Subd. 3. Abandoned Services Penalties. All service installations connected to the water system
that have been abandoned or, for any reason, have become useless for further service shall be
disconnected at the main. The owner of the premises, served by this service, shall pay the cost of
the excavation. The City shall perform the actual disconnection and all pipe and appurtenances
removed from the street right-of-way shall become the property of the City. When new buildings
are erected on the site of old ones and it is desired to increase the old water service, a new permit
shall be taken out and the regular tapping charge shall be made as if this were a new service. It is
unlawful for any person to cause or allow any service pipe to be hammered or squeezed together at
the ends to stop the flow of water or to save expense in improperly removing such pipe from the
main. Also, such improper disposition thereof shall be corrected by the City and the cost incurred
shall be borne by the person causing or allowing such work to be performed.
Subd. 4. Service Pipes. Every service pipe must be laid in such manner as to prevent rupture by
settlement. The service pipe shall be placed not less than eight (8) feet below the surface in all
cases so arranged as to prevent rupture and stoppage by freezing. Frozen service pipes between the
curb stop and the building shall be the responsibility of the owner. Service pipes must extend from
the curb stops to the inside of the building; or if not taken into a building then to the hydrant or
other fixtures which they are intended to supply. A valve the same size as the service pipe shall be
placed close to the inside wall of the building, ahead of the meter and well protected from freezing.
Joints on copper tubing shall be flared and kept to a minimum. Not more than one (1)joint shall be
used for a service up to seventy (70) feet in length. All joints shall be left uncovered until
inspected. Minimum size connection with the water mains shall be one (1) inch in diameter.
Subd. 5. Private Water Supplies. No water pipe of the City water system shall be connected with
any pump, well, pipe, tank or any device that is connected with any other source of water supply;
and when such are found, the City shall notify the owner or occupant to disconnect the same and, if
not immediately done, the City water shall be turned off. Before any new connections to the City
system are permitted, the City shall ascertain that no cross-connections will exist when the new
connection is made. When a building is connected to "City Water," the private water supply may be
used only for such purposes as the City may allow.
Section 3.30. Rules And Regulations Relating To Water Service
Page 2 of 4
Subd. 6. Water Emergencies.
A. Whenever in the judgment of the City Manager, or his designee, the water pressure and
available water in the municipal water system reaches a level which endangers the public
health or safety of residents and other persons in the City, he may declare a state of water
emergency which shall continue until such time as he shall determine that the danger to
public health or safety no longer exists. Forthwith upon the declaration of a state of water
emergency notice thereof shall be given to the news media, and all orders of the City
Manager, or his designee, issued pursuant thereto shall be enforced after one hour has
elapsed from the time of such notice.
B. During the existence of a state of water emergency the City Manager, or his designee, may,
by order, impose restrictions on sprinkling, irrigation or other utilization of water from the
City's municipal water system including, but not limited to: (1) total prohibition of
watering, sprinkling, or irrigation of lawn, grass or turf (hereinafter referred to as
"irrigation") or(2)prohibition of irrigation on alternating days or during certain hours.
C. "Municipal water system" means City owned wells, pipes, storage, treatment and related
facilities for producing, storing and distributing water.
D. Failure to comply with restrictions or prohibitions imposed by the City Manager, or his
designee, shall result in a surcharge for water service for each day of violation in an amount
determined by resolution of the City Council which shall be added to the water bill for the
premises on which such violation occurs. The City Manager, or his designee, shall mail a
Notice of Surcharge to the violator upon imposition of a surcharge. Continued violations
after receipt of the Notice of Surcharge shall be cause for discontinuance of water service to
such premises. Receipt of the Notice of Surcharge shall be presumed three (3) days after
mailing by the City Manager, or his designee.
E. Unlawful Act. It is a petty misdemeanor for any person to violate any provision of this
Subdivision.
Source: Ordinance No. 23-2001
Effective Date: 7-10-01
Subd. 7. Private Fire Hose Connections. Owners of structures with self-contained fire protection
systems may apply for and obtain permission to connect the street mains with hydrants, large pipes,
and hose couplings, for use in case of fire only, at their own installation expense and at such rates as
the Council may adopt by resolution as herein provided.
Subd. 8. Opening Hydrants. It is unlawful for any person, other than members of the Fire
Department or other person duly authorized by the City, in pursuance of lawful purpose, to open
any fire hydrant or attempt to draw water from the same or in any manner interfere therewith. It is
also unlawful for any person so authorized to deliver or suffer to be delivered to any other person
any hydrant key or wrench, except for the purposes strictly pertaining to their lawful use.
Section 3.30. Rules And Regulations Relating To Water Service
Page 3 of 4
Subd. 9. Unmetered Service. Unmetered service may be provided for construction, flooding
skating rinks, and any other purpose. Such service shall be at a duly adopted rate. Where it is
difficult or impossible to accurately measure the amount of water taken, unmetered service may be
provided and the unmetered rate applied provided, however, that by acceptance thereof the
consumer agrees to have the City estimate the water used. In so estimating the City shall consider
the use to which the water is put and the length of time of unmetered service.
Subd. 10. Code Requirement. All piping, connections and appurtenances shall be installed and
performed strictly in accordance with the Minnesota Plumbing Code. Failure to install or maintain
the same in accordance therewith or failure to have or permit required inspection shall, upon
discovery by the City, be an additional ground for termination of water service to any consumer.
Subd. 11. Connection Fees. Service shall be furnished only after proper application has been made
and connection fees paid in full.
Source: City Code
Effective Date: 9-17-82
Subd. 12. Water Use Restrictions.
A. A person may water, sprinkle, irrigate, or otherwise use water from the City's Municipal
Water System for lawn areas, grass, or turf (hereinafter referred to as "irrigation" or
"irrigate") only on alternating days.
B. Alternating days means that properties with an address ending in an odd number may
irrigate only on odd-numbered days of the month and properties with an address ending in
an even number may irrigate only on even-numbered days of the month.
C. No person may water, sprinkle, irrigate, or otherwise use water from the City's Municipal
Water System for lawn areas, grass, or turf during the hours of 12:01 p.m. through 5:00 p.m.
of any day.
D. Upon written request and approval by the City Manager, or his designee, and subject to such
terms and conditions imposed by the City Manager, or his designee, with respect to such
approval, the following persons may be authorized to water, sprinkle, irrigate or otherwise
utilize water from the City's municipal water system at times other than as permitted in
Subparagraph A and B hereof:
1. Any person owning or operating a commercial or business enterprise whose
economic well-being is dependent upon irrigation of a lawn, grass or turf owned,
leased or operated by it;
2. Employees and agents of the City, in such instances wherein lawn, grass or turf used
for play fields or areas owned and operated by the City require more frequent
irrigation to prevent unreasonable damage thereto;
3. Owners and lessees (their employees and agents) of lands newly sodded or grass
seeded which requires irrigation to prevent loss of new sod, seed or immature turf or
grasses for a period of thirty (30) days.
Section 3.30. Rules And Regulations Relating To Water Service
Page 4 of 4
E. Failure to comply with restrictions or prohibitions imposed by this subdivision shall result in
a surcharge for water service for each day of violation in an amount determined by
resolution of the City Council which shall be added to the water bill for the premises on
which such violation occurs. The City Manager, or his designee, shall mail a Notice of
Surcharge to the violator upon imposition of a surcharge. Continued violations after receipt
of the Notice of Surcharge shall be cause for discontinuance of water service to such
premises. Receipt of the Notice of Surcharge shall be presumed three (3) days after mailing
by the City Manager, or his designee.
F. Unlawful Act. It is a petty misdemeanor for any person to violate any provision of this
Subdivision.
Source: Ordinance No. 23-2001
Effective Date: 7-10-01
CITY COUNCIL AGENDA DATE:
SECTION: Ordinances and Resolutions June 3 , 2008
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XI.B.
Ric Rosow, City Attorney First Reading of Ordinance Amending City
Code Relating to Diseased Trees,
Herbacious Vegetation Abatement, and
Employees Authorized to Issue Citations
Requested Action
Move to: Approve first reading of an ordinance amending City Code Sections 9.70 and 9.71
relating to notice and due process procedures for diseased trees and herbaceous vegetation
abatement; amending City Code Section 2.32 relating to employees who may issue citations; and
adopting by reference City Code Chapter 1 and Sections 2.99 and 9.99 which among other things
contain penalty provisions.
Synopsis
City Code Section 9.70 deals with the removal of diseased trees. City Code Section 9.71 deals
with the abatement of tall grass and weeds among other things. When a diseased tree or
vegetation that is in need of maintenance is brought to the City's attention a notice is sent to the
property owner ordering compliance with the City Code. Both Sections have been amended to
provide for an opportunity for the property owner to appeal the notice to the City Council. This
due process is necessary if the City needs to enter the property to remove a diseased tree or abate
the vegetation violation. Section 2.32 authorizes various city employees to issue citations for
violation of the City Code. This Section is amended to add the Assistant Weed Inspector and the
Forestry Technician as employees who may issue citations.
Attachments
Ordinance
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA AMENDING
CITY CODE CHAPTER 9 BY AMENDING SECTIONS 9.70 AND 9.71 REGARDING
NOTICE AND DUE PROCESS PROCEDURES ASSOCIATED WITH DISEASED TREE
AND HERBACEOUS VEGETATION ABATEMENT; AMENDING CITY CODE
CHAPTER 2 BY AMENDING SECTION 2.32 RELATIVE TO THOSE CITY
EMPLOYEES WHO MAY ISSUE CITATIONS; AND ADOPTING BY REFERENCE
CITY CODE CHAPTER 1 AND SECTIONS 2.99 and 9.99 WHICH AMONG OTHER
THINGS, CONTAIN PENALTY PROVISIONS.
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Section 1. The Eden Prairie City Code is amended by amending Section 9.70, Subd. 6
(D) as follows:
"Notice. Once a diseased tree has been identified and marked on private property, notice
shall be given by the City to the affected property owner. The notice shall state and
describe the property affected; order and set forth the date by which the tree must be
removed; state that if removal has not taken place the City as a remedial action will
remove or cause removal of the diseased tree; that all costs thereof will be billed to the
property owner payable within thirty (30) days; that if payment is not received, the costs
will be assessed against the property from which such diseased tree is removed pursuant
to and in accordance with Minn. Stat. § 429.101 or any similar provision hereinafter
enacted; inform the property owner of the right to a hearing before the Council to appeal
the notice in accordance with Subd. 6 (F); and inform the property owner that upon filing
of a timely appeal the time to comply with the notice is stayed pending a decision by the
Council on the appeal."
Section 2. The Eden Prairie City Code is amended by adding Section 9.70, Subd. 6 (F)
as follows:
"The person served with the notice set forth in Section 9.70, Subd. 6 (D) is entitled to a
full hearing before the Council to appeal the notice upon serving a written request
therefore upon the City Clerk prior to expiration of the date by which the tree must be
removed as set forth in the notice. At such hearing the person may present any evidence
he deems pertinent to the appeal, but the City shall not be required to keep a verbatim
record of the proceedings. The Mayor, or other officer presiding at the hearing, mav, in
the interest of justice or to comply with time requirements and on his own motion or the
motion of the party appealing, the City Manager, or a member of the Council, adjourn the
hearing to a more convenient time or place; but such time or place shall be fixed and
determined before adjournment so as to avoid the necessity for formal notice of
reconvening. The Council may affirm, amend or reverse all or any portion of the notice
and shall set a new deadline for compliance if the order to remove the tree is affirmed."
Section 3. The Eden Prairie City Code shall be amended by amending Section 9.71,
Subdivision 7 as follows:
"Subd. 7. Notice.
A. Notice. Once a failure to comply with the height, setback, maintenance, weed, and
annual cutting requirements as required by this Section is identified, notice of such failure
shall be given by the City to the affected property owner. The notice shall state and
describe the property affected; order and allow seven (7) days for the property owner to
cause such vegetation to be cut, removed and/or treated for weeds; that if such vegetation
is not cut, removed and/or treated for weeds the City as a remedial action will cause such
vegetation to be cut, removed and/or treated for weeds; that all costs thereof will be billed
to the property owner payable within thirty (30) days; that if payment is not received
within thirty (30) days, the costs will be assessed against the property from which such
vegetation has been removed pursuant to and in accordance with Minn. Stat. § 429.101 or
any similar provision hereinafter enacted; inform the property owner of the right to a
hearing before the Council to appeal the notice in accordance with Subd. (C); and inform
the property owner that upon filing of a timely appeal the time to comply with the notice
is stayed pending a decision by the Council on the appeal. The notice shall be served in
the same manner as set forth in Section 9.70, Subd. 6 (E)."
Section 4. The Eden Prairie City Code is amended by adding Section 9.71, Subd. 7 (C)
as follows:
"The person served with the notice set forth in Section 9.71, Subd. 7 (A) is entitled to a
full hearing before the Council to appeal the notice upon serving a written request
therefore upon the City Clerk prior to expiration of the date by which the vegetation is to
be cut, removed and/or treated for weeds as set forth in the notice. At such hearing the
person may present any evidence he deems pertinent to the appeal, but the City shall not
be required to keep a verbatim record of the proceedings. The Mayor, or other officer
presiding at the hearing, mav, in the interest of justice or to comply with time
requirements and on his own motion or the motion of the party appealing, the City
Manager, or a member of the Council, adjourn the hearing to a more convenient time or
place; but such time or place shall be fixed and determined before adjournment so as to
avoid the necessity for formal notice of reconvening. The Council mav affirm, amend or
reverse the all or any portion of the notice and shall set a new deadline for compliance if
the order that the vegetation be cut, removed and/or treated for weeds is affirmed."
Section 5. The Eden Prairie City Code shall be amended by amending Section 2.32
to add under the heading "Parks and Recreation Department" the following employees:
Assistant Weed Inspector and Forestry Technician.
Section 6. City Code Chapter 1 entitled "General Provisions and Definitions
Applicable to the Entire City Code Including Penalty for Violation" and Sections 2.99
and 9.99 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
day of , 2008, and finally read and adopted and ordered published at a
regular meeting of the City Council of said City on the day of 2008.
Phil Young, Mayor
ATTEST
Kathleen Porta, City Clerk
PUBLISHED in the Eden Prairie News on the day of , 2008.
P:\Home\1614.009\Weed Violation\Ordinance Amending Section 9 70 9 71 and 2 32 2008 05 28(underline copy)CLEAN.rtf
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA AMENDING
CITY CODE CHAPTER 9 BY AMENDING SECTIONS 9.70 AND 9.71 REGARDING
NOTICE AND DUE PROCESS PROCEDURES ASSOCIATED WITH DISEASED TREE
AND HERBACEOUS VEGETATION ABATEMENT; AMENDING CITY CODE
CHAPTER 2 BY AMENDING SECTION 2.32 RELATIVE TO THOSE CITY
EMPLOYEES WHO MAY ISSUE CITATIONS; AND ADOPTING BY REFERENCE
CITY CODE CHAPTER 1 AND SECTIONS 2.99 and 9.99 WHICH AMONG OTHER
THINGS, CONTAIN PENALTY PROVISIONS.
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Section 1. The Eden Prairie City Code is amended by amending Section 9.70, Subd. 6
(D) as follows:
"Notice. Once a diseased tree has been identified and marked on private property, notice
shall be given by the City to the affected property owner. The notice shall state and
describe the property affected; order and set forth the date by which the tree must be
removed; state that if removal has not taken place the City as a remedial action will
remove or cause removal of the diseased tree; that all costs thereof will be billed to the
property owner payable within thirty (30) days; that if payment is not received, the costs
will be assessed against the property from which such diseased tree is removed pursuant
to and in accordance with Minn. Stat. § 429.101 or any similar provision hereinafter
enacted; inform the property owner of the right to a hearing before the Council to appeal
the notice in accordance with Subd. 6 (F); and inform the property owner that upon filing
of a timely appeal the time to comply with the notice is stayed pending a decision by the
Council on the appeal."
Section 2. The Eden Prairie City Code is amended by adding Section 9.70, Subd. 6 (F)
as follows:
"The person served with the notice set forth in Section 9.70, Subd. 6 (D) is entitled to a
full hearing before the Council to appeal the notice upon serving a written request
therefore upon the City Clerk prior to expiration of the date by which the tree must be
removed as set forth in the notice. At such hearing the person may present any evidence
he deems pertinent to the appeal, but the City shall not be required to keep a verbatim
record of the proceedings. The Mayor, or other officer presiding at the hearing, may, in
the interest of justice or to comply with time requirements and on his own motion or the
motion of the party appealing, the City Manager, or a member of the Council, adjourn the
hearing to a more convenient time or place; but such time or place shall be fixed and
determined before adjournment so as to avoid the necessity for formal notice of
reconvening. The Council may affirm, amend or reverse all or any portion of the notice
and shall set a new deadline for compliance if the order to remove the tree is affirmed."
Section 3. The Eden Prairie City Code shall be amended by amending Section 9.71,
Subdivision 7 as follows:
"Subd. 7. Notice.
A. Notice. Once a failure to comply with the height, setback, maintenance, weed, and
annual cutting requirements as required by this Section is identified, notice of such failure
shall be given by the City to the affected property owner. The notice shall state and
describe the property affected; order and allow seven (7) days for the property owner to
cause such vegetation to be cut, removed and/or treated for weeds; that if such vegetation
is not cut, removed and/or treated for weeds the City as a remedial action will cause such
vegetation to be cut, removed and/or treated for weeds; that all costs thereof will be billed
to the property owner payable within thirty (30) days; that if payment is not received
within thirty (30) days, the costs will be assessed against the property from which such
vegetation has been removed pursuant to and in accordance with Minn. Stat. § 429.101 or
any similar provision hereinafter enacted; inform the property owner of the right to a
hearing before the Council to appeal the notice in accordance with Subd. (C); and inform
the property owner that upon filing of a timely appeal the time to comply with the notice
is stayed pending a decision by the Council on the appeal. The notice shall be served in
the same manner as set forth in Section 9.70, Subd. 6 (E)."
Section 4. The Eden Prairie City Code is amended by adding Section 9.71, Subd. 7 (C)
as follows:
"The person served with the notice set forth in Section 9.71, Subd. 7 (A) is entitled to a
full hearing before the Council to appeal the notice upon serving a written request
therefore upon the City Clerk prior to expiration of the date by which the vegetation is to
be cut, removed and/or treated for weeds as set forth in the notice. At such hearing the
person may present any evidence he deems pertinent to the appeal, but the City shall not
be required to keep a verbatim record of the proceedings. The Mayor, or other officer
presiding at the hearing, may, in the interest of justice or to comply with time
requirements and on his own motion or the motion of the party appealing, the City
Manager, or a member of the Council, adjourn the hearing to a more convenient time or
place; but such time or place shall be fixed and determined before adjournment so as to
avoid the necessity for formal notice of reconvening. The Council may affirm, amend or
reverse the all or any portion of the notice and shall set a new deadline for compliance if
the order that the vegetation be cut, removed and/or treated for weeds is affirmed."
Section 5. The Eden Prairie City Code shall be amended by amending Section 2.32
to add under the heading "Parks and Recreation Depaitinent" the following employees:
Assistant Weed Inspector and Forestry Technician.
Section 6. City Code Chapter 1 entitled "General Provisions and Definitions
Applicable to the Entire City Code Including Penalty for Violation" and Sections 2.99
and 9.99 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
day of , 2008, and finally read and adopted and ordered published at a
regular meeting of the City Council of said City on the day of 2008.
Phil Young, Mayor
ATTEST
Kathleen Porta, City Clerk
PUBLISHED in the Eden Prairie News on the day of , 2008.
P:\Home\1614.009\Weed Violation\Ordinance Amending Section 9 70 9 71 and 2 32 2008 05 29 CLEAN.rtf
CITY COUNCIL AGENDA DATE:
SECTION: Report of the Parks and Recreation Director June 3, 2008
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.D.1.
Jay Lotthammer, Director Art Center Update
Parks and Recreation
Synopsis
At the April 15, 2008 City Council Meeting, the City Council adopted a resolution accepting the
donation of the Sampson building and property for use as an art center. Council Member
Duckstad requested that staff report art center progress to the City Council at a future meeting.
Parks and Recreation Director Jay Lotthammer will overview the recent progress and describe
future work items.
Background
At the April 15, 2008 City Council Meeting, the City Council adopted a resolution accepting the
donation of the Sampson building and property for use as an art center. Since that date, staff has
been working to transfer the deed for the property,begin fundraising efforts and initiate program
development and publicity for the project. The following is a summary of the items that have
been completed or are in progress.
Building Transfer/Remodeling
April 15, 2008 City Council accepted the report of the Art Center Task force and accepted
the gift of the Sampson property.
April 21, 2008 City staff met to discuss remodeling contractor approaches and strategies.
May 6, 2008 City Council approved entering into contract with Cluts, O'Brien, Strother
Architects. Dan O'Brien began code research and design work.
May 29, 2008 Closing/ Survey/Deed Transfer Documents prepared and finalized.
May 30, 2008 Received draft remodeling plans from architect.
Fundraising/Donations
April 25, 2008 Scott Neal and Jay Lotthammer met with Roy Terwilliger to discuss
concepts for incorporating art center fundraising as a part of the Eden
Prairie Foundation.
April 30, 2008 Phone conversation with an anonymous donor pledging $25,000 towards
art equipment.
Art Center Update
June 3, 2008
Page 2
May 6, 2008 Toured Art Center with Interior Designer to discuss offer to contribute
design services to the project.
May 13, 2008 Received a$50 gift card from Triarco for art supplies.
In Progress Staff discussions surrounding future events, participation within the
foundation, etc.
Program Planning
May 12, 2008 Arts and Culture Commission, City Staff and Dan O'Brien toured glass
blowing facilities.
In Progress Staff continues to hear from local artists who are interested in becoming
contractors to teach at the art center. Resumes and credentials are being
collected.
In Progress Arts and Culture Commission meetings to refine type and scope of
programming/building use.
CITY COUNCIL AGENDA DATE:
SECTION: Report of the Police Chief June 3, 2008
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.F.1.
Rob Reynolds, Chief of Accept 2007 Homeland Security Grant
Police/Police for the amount of$100,750.00
Requested Action
Move to: Accept the 2007 Homeland Security Grant for the amount of$100,750.00
Synopsis
The City of Eden Prairie has been awarded a 2007 Homeland Security Grant for the amount of
$100,750. The grant will be used to fund a part-time contracted employee with MN Joint
Analysis Center(MNJAC).
Attachment
Agreement
MINNESOTA DEPARTMENT OF PUBLIC SAFETY
�Nj 0. s9
. Homeland Security and Emergency Management
QPQ,�Ct`
` t 444 Cedar Street • Suite 223 • Saint Paul, Minnesota 55101-6223
0,, NM Phone: 651.201.7400 • Fax: 651.296.0459 • TTY: 651.282.6555
�TFOF MINNES� www.dps.state.mn.us
February 21, 2008
Alcohol Sonja RitchieRoy, Projects Coordinator
and Gambling Eden Prairie City of
Enforcement 8080 Mitchell Road
ARMER/911 Eden Prairie, Minnesota 55344
Program
Bureau of Criminal Re: Grant#2008-HSGP-00581
Apprehension 2007 Homeland Security Grant Program
Driver
and Vehicle Dear Ms. RitchieRoy:
Services
Homeland I am pleased to confirm that the City of Eden Prairie has been awarded a 2007
Security and Homeland Security Grant for the amount of$100,750.00 .
Emergency
Management Enclosed are three copies of the grant agreement for signature. Please have the
Minnesota authorized official of your agency with the legal authority to sign grant contracts sign
State Patrol each of the three copies. Please return all three copies to:
Office of
Communications Kammy Huneke
Office of Minnesota Homeland Security& Emergency Management
Justice Programs 444 Cedar Street, Suite 223
St. Paul, Minnesota 55101.
Office of
Traffic Safety
Please be advised that the "Terms and Conditions" in the Application and
State Fire Marshal referenced in the Grant Agreement can be reviewed and printed from WEGO by
and
Pipeline Safety clicking on the link to your grant and then clicking on either"Terms and Conditions
for Local Government, or Terms and Conditions for State Agencies" respectively.
If you have any questions, please contact me by phone at 651-201-7420, or by e-
mail at kammy.hunekeastate.mn.us, thank you.
Sincerely,
e-7-19m -iiiitlet,( •
Ka- mnqy Huneke
HSEML' Grants Specialist
Enclosures
EQUAL OPPORTUNITY EMPLOYER
Grant Agreement Page 1
Minnesota Department of Public Safety("State") Grant Program:
Homeland Security and Emergency Management Division 2007 Homeland Security Grant Program
444 Cedar Street, Suite 223
St.Paul, Minnesota 55101-6233 Grant Agreement No.:
2008-HSGP-00581 /2000-12200
Grantee: Grant Agreement Term:
City of Eden Prairie Effective Date: September 1,2007
8080 Mitchell Road Expiration Date: March 30,2010
Eden Prairie,Minnesota 55344
Grantee's Authorized Representative: Grant Agreement Amount:
Sonja RitchieRoy,Projects Coordinator Original Agreement $100,750.00
8080 Mitchell Road Matching Requirement $ 0
Eden Prairie,Minnesota 55344
Phone: (952)949-6232
Fax:
Email: sritchieroy@edenprairie.org
State's Authorized Representative: Federal Funding: CFDA 97.067
Kammy Huneke,Grants Specialist State Funding:
444 Cedar Street, Suite 223 Special Conditions: None
St Paul,MN 55101
Phone: (651)201-7420
Fax: (651)296-0459
Email: kammy.huneke@state.mn.us
Under Minn. Stat. § 299A.01, Subd 2(4)the State is empowered to enter into this grant agreement.
Term: Effective date is the date shown above or the date the State obtains all required signatures under Minn.
Stat. § 16C.05, subd. 2,whichever is later. Once this grant agreement is fully executed,the Grantee may claim
reimbursement for expenditures incurred pursuant to the Payment clause of this grant agreement.
Reimbursements will only be made for those expenditures made according to the terms of this grant agreement.
Expiration date is the date shown above or until all obligations have been satisfactorily fulfilled,whichever occurs
first.
The Grantee,who is not a state employee will:
Perform and accomplish such purposes and activities as specified herein and in the Grantee's 2007 Homeland
Security Grant Program Application("Application")which is incorporated by reference into this grant agreement
and on file with the State at 444 Cedar Street, Suite 223, St.Paul,Minnesota 55101-6233. The Grantee shall also
comply with all requirements referenced in the 2007 Homeland Security Grant Program Guidelines and
Application which includes the Terms and Conditions,which are incorporated by reference into this grant
agreement.
Budget Revisions: As stated in the Grantee's Application,the Grantee will submit a written change request for
any substitution of budget items or any deviation of more than 15%from the approved budget category amounts
in the Grantee's Application. Change requests for substitution of budget items, or a deviation of more than 15%
from the approved budget category amount must be given in writing to the State's Authorized Representative and
at least 60 days prior to the Expiration date of this grant agreement. Grantees whose requests have been approved
will be notified in writing by the State's Authorized Representative to the Grantee's Authorized Representative.
Requests must be approved prior to any expenditure by the Grantee.
Matching Requirements: (If applicable.)As stated in the Grantee's Application,the Grantee certifies that the
DPS Grant Agreement non-state 01/08
•
Grant Agreement Page 2
matching requirement will be met by the Grantee.
Payment: As stated in the Grantee's Application,the State will promptly pay the Grantee after the Grantee
presents an invoice for the services actually performed and the State's Authorized Representative accepts the
invoiced services. An invoice form will be provided by the State to the Grantee and must be submitted timely and
according to the following schedule:
a. Grantee will submit the invoice along with copies of the Grantee's itemized invoices for actual costs incurred
quarterly,but not more often than monthly, and within 30 days of the period covered by the invoice.
b. Expenditures for each state fiscal year(July through June)of this grant agreement must be for services
satisfactorily performed within applicable state fiscal years. The final invoice of this grant agreement must be
received by the State no later than 30 days after the Expiration date or termination of this grant agreement.
c. Grantee will submit financial and narrative performance reports at least quarterly,but not more often than
monthly. The narrative performance report shall consist of a comparison of actual accomplishments to the
approved work plan in the Grantee's Application. These reports must be submitted before reimbursement
will be paid.
Certification Regarding Lobbying: Grantees receiving federal funds over$100,000.00 must complete and return
the Certification Regarding Lobbying form provided by the State to the Grantee.
1. ENCUMBRANCE VERIFICATION 3. STATE AGENCY
Individual certifies that funds have been encumbered as
required by Minn.Stat.§§16A.15 and 16C.05. By:
(with delegated authority)
Signed: Title:
Date: Date:
Grant Agreement No 2008-HSGP-00581/2000-12200
2. GRANTEE
The Grantee certifies that the appropriate person(s)
have executed the grant agreement on behalf of the Grantee
as required by applicable articles,bylaws,resolutions,or ordinances.
By:
•
Title:
Date:
By:
Distribution: DPSIFAS
Title: Grantee
State's Authorized Representative
Date:
DPS Grant Agreement non-state 01/08
•
Grant Agreement
•
CERTIFICATION REGARDING LOBBYING
For State of Minnesota Contracts and Grants over$100,000
The undersigned certifies,to the best of his or her knowledge and belief that •
(1)No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to
any person for influencing or attempting to influence an officer or employee of any agency,a member of
Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with the
awarding of any Federal contract,the making of any Federal grant,the making of any Federal loan,the entering
into of any cooperative agreement,and the extension,continuation,renewal,amendment,or modification of any
Federal contract, grant,loan,or cooperative agreement.
(2)If any funds other than Federal appropriated funds have been paid or will be paid to any person for •
influencing or attempting to influence an officer or employee of any agency,A Member of Congress,an officer or
employee of Congress,or an employee of a Member of Congress in connection with this Federal contract,grant,
loan,or cooperative agreement,the undersigned shall complete and submit Standard Form-LLL,"Disclosure of
Lobbying Activities", in accordance with its instructions.
(3)The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers(including subcontracts, subgrants,and contracts under grants,loans and
cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was
made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction.
imposed by Section 1352,Title 31 U.S.Code. Any person who fails to file the required certification shall be
subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure.
Organization Name
•
Name and Title of Official Signing for Organization
•
By:
Signature of Official
Date
DPS Grant Agreement non-state 01/08