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HomeMy WebLinkAboutCity Council - 03/17/1998AGENDA EDEN PRAIRIE CITY COUNCIL TUESDAY, MARCH 17, 1998 CITY COUNCIL: CITY COUNCIL STAFF: PLEDGE OF ALLEGIANCE ROLL CALL 7:30 PM, CITY CENTER Council Chamber 8080 Mitchell Road Mayor Jean Harris, Sherry Butcher-Younghans, Ronald Case, Ross Thorfinnson, Jr., and Nancy Tyra-Lukens City Manager Carl J. Jullie, Assistant City Manager Chris Enger, Director of Parks, Recreation & Natural Resources Bob Lambert, Director of Public Works Eugene Dietz, City Attorney Ric Rosow, and Council Recorder Jan Nelson PRESENTATION OF COMMENDATION TO MARK POTTER BOND SALE OF $7,950,000 GENERAL OBLIGATION WATER AND SEWER REVENUE BONDS, SERIES 1998A (RESOLUTION) I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS II. OPEN PODIUM III. MINUTES A. CITY COUNCIL/STAFF WORKSHOP HELD TUESDAY. FEBRUARY 17. 1998 B. CITY COUNCIL MEETING HELD TUESDAY. FEBRUARY 17.1998 C. CITY COUNCIL/STAFF WORKSHOP HELD TUESDAY, FEBRUARY 24. 1998 CITY COUNCIL AGENDA March 17, 1998 Page 2 IV. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. BEST BUY CAMPUS CONCEPT PLAN -1997 by Best Buy. Approve 2nd Reading of the Ordinance for PUD District Review on 3.5 acres and Zoning District Change from Rural to 1-2 on 3.5 acres; Adopt the Resolution for Site Plan Review on 3.5 acres. Location: 7075 Flying Cloud Drive (Ordinance for PUD District Review and Zoning District Change and Resolution for Site Plan Review) C. RIVER KNOLL OFFICE BUILDING by River Knoll, L.L.C. Approve 2nd Reading of the Ordinance for PUD District Review on 2.49 acres and Zoning District Amendment in the Office Zoning District on 2.49 acres; Adopt the Resolution for Site Plan Review on 2.49 acres and Approval of a Developer's Agreement for River Knoll, LLC. Location: Rowland Road and Shady Oak Road. (Ordinance for PUD District Review and Zoning District Amendment and Resolution for Site Plan Review) D. ADOPT RESOLUTION APPROVING FINAL PLAT OF BEARPATH TOWN HOMES 6TH ADDITION E. ADOPT RESOLUTION APPROVING FINAL PLAT OF BEARPATH TOWNHOMES 7TH ADDITION F. ADOPT RESOLUTION APPROVING FINAL PLAT OF BEST BUY ADDITION G. APPROVE CONSULTING SERVICES AGREEMENT TO ASSIST IN THE PROCUREMENT OF A COMPUTER AIDED DISPATCH (CAD) AND RECORD MANAGEMENT SYSTEM (RMS) FOR PUBLIC SAFETY OPERATIONS H. ADOPT RESOLUTION FOR FINAL APPROVAL OF MULTIFAMILY HOUSING REVENUE REFUNDING BONDS (LAKE PLACE APARTMENTS PROJECT) SERIES 1998 I. ADOPT RESOLUTION APPROVING TRAFFIC CONTROL SIGNAL AGREEMENT WITH MNDOT FOR TRAFFIC SIGNALS AT VALLEY VIEW ROAD AND TH 169 RAMP INTERSECTION.I.C. 95-5384 CITY COUNCIL AGENDA March 17, 1998 Page 3 J. ADOPT RESOLUTION APPROVING TRAFFIC CONTROL SIGNAL MAINTENANCE AGREEMENT WITH MNDOT FOR TRAFFIC SIGNAL AT VALLEY VIEW ROAD AND WASHINGTON AVENUE. I.C. 95-5384 K. APPROVE CHANGE ORDER NO.2 FOR THE CSAH 41 EDENWOOD DRIVE/HIGH SCHOOL ENTRANCE PROJECT. I.C. 96-5404 L. ADOPT RESOLUTION APPROVING MNDOT PLANS FOR INTERSECTION IMPROVEMENTS ON TH 212 AT SPRING ROAD AND EDEN PRAIRIE ROAD. I.C. 96-5420 M. ADOPT RESOLUTION AUTHORIZING FEASIBILITY STUDY FOR DORNKEMPER AREA UTILITIES I.C 98-5458 & 98-5459 N. APPROVE CONTRACT AMENDMENT FOR 1998 LIME RESIDUAL REMOVAL O. ADOPT RESOLUTION AWARDING STREET SWEEPING CONTRACT. I.C. 98-5451 P. APPROVE RELEASE OF LAND FROM SPECIAL ASSESSMENTS FOR CITY WEST Q. APPROVE RELEASE OF BEARPATH FROM SPECIAL ASSESSMENT AGREEMENTS. I.C. 93-06 R. APPROVE RELEASE OF BEARPATH FROM SACIWAC SPECIAL ASSESSMENT AGREEMENT S. ADOPT FEE RESOLUTION AMENDMENT FOR WATER CONSERVATION SURCHARGE T. ADOPT RESOLUTION REQUESTING ADVANCE ENCUMBRANCE OF STATE AID HIGHWAY FUNDS U. ADOPT RESOLUTION AMENDING SUBURBAN TRANSIT ASSOCIATION JOINT AND COOPERATIVE AGREEMENT V. AWARD BID FOR EDEN PRAIRIE POLICE CANINE CARE FACILITY CITY COUNCIL AGENDA March 17, 1998 Page 4 W. ADOPT RESOLUTION RELATING TO JOINT AND COOPERATIVE AGREEMENT FOR INTERGOVERNMENTAL DATA PROCESSING X. AWARD BID FOR PLAYGROUND STRUCTURES AT HIDDEN PONDS PARK AND RICE MARSH LAKE PARK Y. APPROVE NINE-MILE CREEK WATERSHED DISTRICT PLANS TO PROCEED WITH PHASE I OF SMETANA LAKE OUTLET PROJECT Z. APPROVE CITY'S ACQUISITION OF TAX FORFEITED LANDS AA. CANCEL COUNCIL/STAFF WORKSHOP FOR TUESDAY. MARCH 24, 1998 REGARDING TRANSITION ISSUES. BB. SET COUNCIL/STAFF WORKSHOP FOR TUESDAY, APRIL 7, 1998 AT 6:30 PM REGARDING A POSSIBLE PARK REFERENDUM V. PUBLIC HEARINGS/MEETINGS A. REGAL CINEMA by Ryan Companies of Minnesota. Request for Planned Unit Development Amendment Review on 17.88 acres, Planned Unit Development District Review on 17.88 acres, Zoning District Amendment in the Commercial Regional Service Zoning District on 17.88 acres, Site Plan Review on 17.88 acres and Preliminary Plat of 17.88 acres into 3 lots. Location: East of Prairie Center Drive between Rolling Hills Road and Prairie Lakes Drive. (Resolution for PUD Amendment Review, Ordinance for PUD District Review and Zoning District Amendment and Resolution for Preliminary Plat) Proponent requests continuance to April 7, 1998 City Council meeting. B. EDEN PRAIRIE HIGH SCHOOL PHASE 3 EXPANSION by Independent School District 272. Request for Planned Unit Development Concept Review on 67 acres, Planned Unit Development District Review with waivers on 67 acres, Zoning District Amendment within the Public Zoning District on 67 acres and Site Plan Review on 67 acres. Location: 17185 Valley View Road. (Resolution for PUD Concept Review, Ordinance for PUD District Review and Zoning District Amendment) CITY COUNCIL AGENDA March 17, 1998 Page 5 C. MAPLE HILL ADDITION by MSS Holdings. Request for Preliminary Plat of 3.64 acres into 6 lots within the existing R1-22 Zoning District. Location: 9060 Staring Lane West. (Resolution for Preliminary Plat) D. 1998 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING PROPOSALS (CDBG) Approve CDBG funding for the list of activities as reviewed and recommended by the Housing, Transportation, and Human Services Board (HTHSB) at their February 5 meeting. VI. PAYMENT OF CLAIMS VII. ORDINANCES AND RESOLUTIONS VIII. PETITIONS. REQUESTS AND COMMUNICATIONS IX. REPORTS OF ADVISORY BOARDS & COMMISSIONS X. APPOINTMENTS A. HERITAGE PRESERVATION COMMISSION· Appointment of 1 Member to the Heritage Preservation Commission to fill an unexpired term through 3/31/00 commencing upon appointment XI. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER C. REPORT OF DIRECTOR OF PARKS. RECREATION & NATURAL RESOURCES 1. Request to Obtain Proposals for Development of a Conservation Area Management Plan and Concept Site Plans for the Eight Remaining Conservation Areas 2. Request from Murphy's Landing D. REPORT OF DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT CITY COUNCIL AGENDA March 17, 1998 Page 6 E. REPORT OF DIRECTOR OF PUBLIC WORKS F. REPORT OF CITY ATTORNEY XII. OTHER BUSINESS A. CITY MANAGER EVALUATION (closed session) XIII. ADJOURNMENT City of Eden Prairie City Offices 8080 Mitchell Road • Eden Prairie, MN 55344-2230 Phone (612) 949-8300 • TDD (612) 949-8399 • Fax (612) 949-8390 March 17, 1998 Mr. Mark S. Potter Commendation On January 13, 1998, while driving down Garrison Way at 2015 hours, you smelled the odor of smoke in the area. Investigating further, you saw that the chimney on the home at 9705 Garrison Way was on fire. You immediately went to the home and alerted resident Kimberly Strand who, after learning of the danger, gathered her children and evacuated the home. Your quick observation and identification of the fire coupled with the lack of hesitation in notifying the homeowner of the danger not only potentially saved a family from tragedy, but also gave the Fire Department an opportunity to control the blaze in its early stages. On behalf of the City of Eden Prairie, the Fire Department, the Police Department, and the Strand family, we would like to thank you and commend you for your actions. James G. Clark Director of Public Safety Recycled Paper Spencer L. Conrad Fire Chief CITY COUNCIL AGENDA DATE: SECTION: March 13, 1998 DEPARTMENT: ITEM DESCRIPTION: Resolution ITEM NO. awarding sale of General Obligation Finance Water and Sewer Capital Appreciation Bonds (Matured value of $11,5000). Requested Action: Approve resolution Background: The bids will be opened and checked at 10:30 a.m. Tuesday, March 17. The resolution will be available at the Council meeting that evening. The City's refunding bonds were removed from the sale because of a higher than anticipated interest rates. . Fonn clhrlcouncillagn-fonn.wpd Rev 12/4/95 UNAPPROVED MINUTES CITY COUNCIL/STAFF WORKSHOP WATER CONSERVATION SURCHARGE TUESDAY, FEBRUARY 17, 1998 COUNCILMEMBERS: CITY COUNCIL STAFF: ROLLCALL All members were present. I. CALL MEETING TO ORDER 6:30 PM, HERITAGE ROOM IV 8080 Mitchell Road Mayor Jean Harris, Sherry Butcher-Younghans, Ronald Case, Ross Thorfinnson, Jr. and Nancy Tyra-Lukens City Manager Carl J. Jullie, Assistant City Manager Chris Enger, Director of Public Works Gene Dietz, and Council Recorder Jan Nelson Mayor Harris called the meeting to order at 6:40 p.m. II. DISCUSSION ON CONTINUATION OF WATER CONSERVATION SURCHARGE Dietz said the majority of the calls they received last year dealt with the issue of whether the surcharge was fair. He reviewed the recommendations of the Environmental and Waste Management Commission: 1) raising the baseline to 24,000 gallons; 2) putting a $100 per quarter cap on the surcharge; and 3) establishing a $50,000 budget for public education. He said the Commission was strongly in support of the recommendations and voted 5-1, with the dissenting vote from a Commissioner who did not want a cap put on the surcharge. As part of the education process Dietz said they might be able to do personalized mailings to those people in the top bracket of usage and could fund Staff to work with home owners. Dietz then reviewed the statistical summaries of the surcharge based on 18,000 gallons per quarter and the recommended increase to 24,000 gallons. He said there would be some exclusions given for new lawns and similar special circumstances. Tyra-Lukens asked if all residents are on the same quarter. Dietz said they are not. Tyra-Lukens then asked if they will complain about that. Dietz said they probably will because the heaviest watering is usually done in July and August; however, it seems to work out. Tyra-Lukens asked if some residents could end up with two caps. Dietz said they could. CITY COUNCIL/STAFF WORKSHOP MINUTES February 17, 1998 Page 2 Dietz noted that 71 % of the customers received no surcharge and, of the 29 % that did receive a surcharge, 97% of those had a surcharge of $50 or less. Thorfinnson asked if we will continue to allow people to appeal the surcharge. Dietz said we would still have the same exemptions for new lawns and other anomalies and noted we have been quite generous in allowing exemptions. Thorfinnson asked what the conversation was regarding the placing of a cap. Dietz said he told the Commission it was better to plan ahead to cover the possibility of a dry year. After discussing several different figures for the cap, they compromised at $100. Thorfinnson thought bumping it to 24,000 makes sense. While it may not solve the dry year problem, it gives people more range. Dietz said the 18,000 gallon average in winter unfairly influences the rate for a number of empty-nesters, including townhomes with individual meters. He noted three people is probably the average household size. Harris said she struggles with what would happen in a dry year. We would have to make decisions about how to meet the needs if there were a very dry year. She was impressed that 71 % of the people don't have a surcharge. She thought we are dealing with a very small number of people who may change their habits without a cap. She would rather have a high cap that could be reduced as it would be difficult to go the other way. Thorfinnson would rather see a higher cap as he was not sure the group that will receive a surcharge are likely to change their ways. Case said he wanted a cap; however, one of the key problems is that we are not really short on water and, with the new facility, are not short on pumping capacity. He struggles with how best to raise the level of consciousness so that we can get at the obnoxious users and not appear punitive to regular users. He thought there is an issue with what we are doing with the money collected because it sounds like a tax to residents. Dietz said the money went into the utility fund in the operating fund and will not go for capital costs. Case thought there still is a bit of a perception that it is another tax. He thought we might want to raise the amount to be used for educational purposes in order to further lower the usage. Butcher-Younghans thought we do need to lower the water usage. We have been spoiled by the idea of using as much water as we want. She believes we need to change our habits now and this is going to change behavior. Dietz noted we had a major reduction in the amount of water we pumped in 1997 because of the wet July. He said the Commission is concerned that the surcharge be kept in place for a long enough time to see if it makes a change in the behavior patterns. CITY COUNCIL/STAFF WORKSHOP MINUTES February 17, 1998 Page 3 Thorfinnson thought we might build into this the possibility that we could reopen the issue because of conditions in a particular year. Dietz said that would always be open to us. It would be in the fee resolution and we could make a change at that point. Thorfinnson said we would not have an idea at that point since the fee resolution is done in January . Case was concerned that we could have 20 people who could change the policy. We would listen to people that have the most anger. He thought we can head this off so that we are proactive and not in that defensive position. He likes the $100 cap and the 24,000 gallon base. Dietz noted whether we put in the cap or not we are still far ahead of other communities. Harris noted there is a lot of agreement on raising the baseline, nor is there a great deal of disagreement about a cap. Butcher-Younghans said she would be comfortable with a $150 cap. It would be high enough to make an impact but not so high that we will have 200 people at a City Council meeting protesting. A discussion followed regarding what the correct figure would be for the cap. The consensus was to leave the cap at $100 as the Commission recommended. Dietz that will give some comfort to the average user who doesn't come close to the surcharge. Dietz said he will bring a resolution adjusting the fee schedule to the next Council meeting. He noted that about 200 people attended the Environmental Fair on February 7. The Commission is going to work on amending the weed ordinance to allow native grasses. They are beginning to look at alternatives to lawns with high water requirements. They would like to meet with the Council and talk about some of those things in a strategy discussion. Harris was pleased with the direction the Commission has taken. They have been very assertive on difficult issues. III. OTHER BUSINESS IV. ADJOURNMENT Mayor Harris adjourned the meeting at 7:20 p.m. I,Em IlL t3 UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, FEBRUARY 17, 1998 CITY COUNCIL: CITY COUNCIL STAFF: PLEDGE OF ALLEGIANCE ROLLCALL 7:30 PM, CITY CENTER Council Chamber 8080 Mitchell Road Mayor Jean Harris, Sherry Butcher- Younghans, Ronald Case, Ross Thorfmnson, Jr., and Nancy Tyra- Lukens City Manager Carl J. Jullie, Assistant City Manager Chris Enger, Director of Parks, Recreation & Natural Resources Bob Lambert, Director of Public Works Eugene Dietz, City Attorney Roger Pauly, and Council Recorder Jan Nelson Acting Mayor Tyra-Lukens called the meeting to order at 7:35 p.m., immediately following the HRA meeting. Harris was absent. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Butcher-Younghans added item XI.A.l. Report on Eden Prairie Foundation's Light Up Your Community Week. MOTION: Thorfmnson moved, seconded by Case, to approve the Agenda as published and amended. Motion carried 4-0. II. OPEN PODIUM III. MINUTES A. CITY COUNCIL MEETING HELD TUESDAY, FEBRUARY 3, 1998 .MOTION: Thorfmnson moved, seconded by Case, to approve as published the Minutes of the City Council meeting held Tuesday, February 3, 1998. Motion carried 4-0. IV. CONSENT CALENDAR A. CLERK'S LICENSE LIST CITY COUNCIL MINUTES February 17, 1998 Page 2 B. APPROVE MOTION RELEASING THE RESTRICTIONS THAT PROIDBITED BUILDING CONSTRUCTION ON CERTAIN PORTIONS OF THE PROPERTY KNOWN AS CITY CENTER C. ADOPT RESOLUTION 98-26 AUTHORIZING SUBMITTAL OF AN APPLICATION FOR THE 1998 HENNEPIN COUNTY MUNICIPAL SOURCE-SEPARATED RESIDENTIAL RECYCLING GRANT PROGRAM D. ADOPT RESOLUTION 98-27 APPROVING TRAFFIC CONTROL SIGNAL AGREEMENT WITH MnDOT FOR TRAFFIC SIGNALS ASSOCIATED WITH TH 212 STAGE I CONSTRUCTION, I.C. 93-5301 E. ADOPT RESOLUTION 98-28 APPROVING TRAFFIC CONTROL SIGNAL MAINTENANCE AGREEMENT WITH MnDOT FOR MAINTENANCE OF TRAFFIC SIGNALS, I.C. 93-5301 F. APPROVAL OF INFORMAL PROFESSIONAL SERVICE PROPOSAL FROM WESTWOOD PROFESSIONAL SERVICES FOR DESIGN AND CONSTRUCTION ENGINEERING SERVICES FOR A TEMPORARY TRAFFIC SIGNAL SYSTEM AT CSAH 39 (VALLEY VIEW ROAD) AND PLAZA DRIVE/TOPVIEW ROAD, I.C. 97-5447 G. GERRING CAR WASH by Gerring Properties, Inc. Approval of a Developer's Agreement for Gerring Properties, Inc. Location: Between Aztec Drive and Highway 212. H. OK SPA & SALON by O.K. & Associates, L.L.P. Approve 2nd Reading of Ordinance 4-98 for Zoning District Change from rural to C-Reg-Ser on 1.82 acres, Adopt Resolution 98-29 for Site Plan Review on 1.82 acres and Approval of a Developer's Agreement for OK Spa & Salon for O.K. and Associates, L.L.P. Location: Southwest corner of Valley View Road and Prairie Center Drive. (Ordinance 4-98 for Zoning District Change and Resolution 98-29 for Site Plan Review) I. MHF A FIRST TIME BUYER PROGRAM Adopt Resolution 98-30 authorizing the City'S participation in the 1998 Minnesota Cities Participation Program (MCPP) and the execution of all related agreements. Approve resolution electing to not have the Hennepin County HRA administer the program for the City. (Resolution 98-30) J. ADOPT RESOLUTION 98-31 DIVIDING AND ESTABLISIDNG NEW BOUNDARIES FOR PRECINCT 9 K. APPROVE CHANGE ORDER NO.3 FOR MIGHTY DUCKS GRANT CITY COUNCIL MINUTES February 17, 1998 Page 3 L. SET THE DATE AND TIME FOR THE 1998 BOARD OF REVIEW FOR THURSDAY, APRIL 23, 1998 AT 7:00 PM M. RESOLUTIONS 98-32 AND 98-33 SETTING BOND SALE FOR TUESDAY, MARCH 17, 1998 N. SET COUNCIL/STAFF WORKSHOP FOR TUESDAY, MARCH 3, 1998 AT 6:30 PM REGARDING PRELIMINARY CONSTRUCTION PLANS FOR PIONEER TRAIL (CO. RD. 1) FROM T.H.169 AND TO T.H. 212 MOTION: Case moved, seconded by Thorfmnson, to approve items A-N on the Consent Calendar. Motion carried 4-0. v. PUBLIC HEARINGS/MEETINGS A. SETTLERS RIDGE by Pemtom Land Company. Request for Planned Unit Development Concept Review on 58.95 acres, Planned Unit Development District Review on 58.95 acres, Rezoning from Rural to Rl-13.5 and Rl-9.5 on 58.95 acres and Preliminary Plat on 58.95 acres into 117 lots and 4 outlots. Location: South of Pioneer Trail and west of Riley Creek. (Resolution 98-34 for PUD Concept Review, Ordinance for PUD District Review and Rezoning from Rural to R1-13.5 and R1-9.5 and Resolution 98-35 for Preliminary Plat) Jullie said the official notice of this Public Hearing was published on February 5, 1998 in the Eden Prairie News and notices were mailed to 32 property owners. The concept plan shows the subdivision of 58.95 acres into 117 lots at a gross density of 1.98 units per acre. The net density, exclusive of Outlot E, is 2.21 units per acre. Three types of homes are included in the concept plan, including 35 standard Rl-13.5 lots along Riley Creek and the City Park to the south, 36 standard Rl-9.5 lots, and 46 Rl-9.5 lots with waivers for lot size and street frontage. Mark Anderson, Vice President of Land Development for Pemtom, requested this item be moved down on the agenda because several of their representatives had not arrived yet. The consensus was to table this item to a later point on the Agenda. B. BORDERS BOOKS, CAFE & RESTAURANT by The Daly Group. Request for Planned Unit Development Concept Amendment on 9 acres to the overall Hartford PUD, Planned Unit Development District Review on 9 acres, Zoning District Amendment within the C-Reg-Ser Zoning District on 9 acres, Site Plan Review on 9 acres, and Preliminary Plat of 9 acres into 2 lots and 1 outlot. Location: Southwest corner of Prairie Center Drive and Rolling Hills Road. (Resolution 98-36 for PUD Concept Amendment, Ordinance for PUD CITY COUNCIL MINUTES February 17, 1998 Page 4 District Review and Zoning District Amendment and Resolution 98-37 for Preliminary Plat) Jullie said the official notice of this Public Hearing was published on February 5, 1998 in the Eden Prairie News and notices were mailed to 135 property owners. John Dietrich, project engineer, said they are asking for full approval of the restaurant and the book store, as presented in the Staff Report of January 23, 1998 according to Alternative One which indicates that the site plan has met the criteria of PUD Amendment. He reviewed the site plan, noting they are requesting a right-in, right-out off Prairie Center Drive that will handle 113 of the average daily traffic for this development. Enger said this site is part of Lots 12 and 13 of the approved 1978 Hartford PUD. Future uses contemplated for this area by the 1978 plan included restaurants, motels and professional offices. The PUD was amended in the 1994 Hartford Place PUD to show Lot 13 as wetland, ponding and a buffer zone. The approved plan for Lot 12 was not amended. The 1994 PUD did not include a specific plan for development nor indicate permitted uses. Enger said the Planning Commission voted 7-0 to recommend approval of the Borders Bookstore at their January 26, 1998 meeting. They voted 7-0 to recommend denial of the restaurant on the finding that the site plan was inconsistent with the 1978 approved plan, that the proposed plan did not mitigate the adverse impacts on the adjoining residential areas and that general retail or office was a more compatible land use. The Commission recommended that all proposed berming and landscaping adjacent to the residential areas on both sites be installed concurrent with the construction of the bookstore. The Parks Commission did not review the project Linda Schaeffer, 11538 Carriage Court, was very excited about the Borders Bookstore but didn't want a restaurant of this size with a liquor license in her backyard. She said they can't block out traffic sounds and smells with berms. She was concerned about an increase in crime. The restaurants proposed offer outdoor seating and use loud speakers to announce table seating. She thought there has to be another place in Eden Prairie for that type of restaurant and would like to see a strip mall or something unique to go with the bookstore. She was also concerned about the increase in traffic volume on Prairie Center Drive if a restaurant of this size is put in here. She was sure that property values would go down. Gretchen Ebert, 11516 Carriage Court, thought it is inappropriate to put a restaurant with a liquor license on this location. The noise from the restaurant will come across the pond to her area, and there is no increased berming planned between the restaurant and the Carriage Court homes. CITY COUNCIL MINUTES February 17, 1998 Page 5 Richard Tesh, 8484 Minuteman Alcove, did not want a restaurant in his front yard. He knew the property would be developed when he purchased his home, and he likes the Borders Bookstore. He is concerned about the restaurant and wanted the developer to know that none of the residents in the area want the restaurant there. Penny Hanson, 11043 Lexington Drive, said there is no fence or berm planned in her area. She asked if there could be a fence built through the whole development. Nancy Francis, 11536 Carriage Court, said her developer assured her that the wetlands would never be touched and that a two-three story office building would go in there. She doesn't want a bar or restaurant in her backyard. Don Klingel, 10940 Kiawah Drive, asked if there will be a sidewalk or bike path from Preserve Boulevard to Rolling Hills Drive. Dietrich replied there will be a continuation of the sidewalk along the south side from Preserve Boulevard to the sidewalk at Hartford Place townhomes. Andrea Poncius, 8486 Minuteman Alcove, did not support the restaurant. She has told Mr. Dietrich several times that the landscaping between Minuteman Alcove and borders was not adequate. Before tonight's meeting she received a phone call that a five-foot high fence would be added to the project. She did not think a five-foot high fence will be adequate. Sharon Ahl, 11594 Carriage Court, said the developer has only responded to the residents' concerns about the restaurant by some additional landscaping and a fence. She was concerned that this property should have something built on it that will add to the specialness of the area. She wanted to make sure the Planning Commission's suggestion that all the landscaping be done at one time even if the restaurant is not approved is followed through. She thought the easement of the wetland should be dedicated to the City. MOTION: Case moved, seconded by Butcher-Younghans, to close the Public Hearing. Motion carried 4-0. MOTION: Case moved, seconded by Thorfinnson, to approve 1st reading of the Ordinance for PUD District Review as to Lot 1 and Zoning District Amendment within the C-Reg-Ser Zoning District as to Lot 1; to adopt Resolution 98-36 for PUD Concept Amendment as to Lot 1; to adopt Resolution 98-37 for Preliminary Plat of 9 acres into 2 lots and 1 outlot; to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations as to Lot 1; and to continue the discussion of Lot 2 to the April 7, 1998 City Council meeting. s CITY COUNCIL MINUTES February 17, 1998 Page 6 Butcher-Y ounghans was surprised to see a restaurant included in this plan considering the opposition of the neighbors and the Planning Commission decision. She was very pleased with the Borders Bookstore plan, but she could not accept the restaurant plan as it stands right now. Case was concerned that one view of the bookstore shows the corner very close to the patios of the nearby homes. He would like to continue the fence but would prefer to have proponent work with Staff and the residents to see what would be compatible. Dietrich said two of the cross sections shown are not correct, and there is a berm and a retaining wall in there. Dietrich said they would be willing to take a look at extending the fence from the southeast corner of the store along the berm but would not recommend putting a fence along the side of the store. Case wanted to have Staff meet with the residents and the developer to discuss these issues. He is always concerned about zoning transitions and we will face this more often as we have sensitive commercial areas that abut residential areas. He thought we will need to be careful to look at what it would take to develop the commercial areas and stay within the expectations of the residents. He thought a restaurant that stays open until 2:00 a.m. and has a liquor license is not appropriately placed next to a residential area. Case concurred that the easement should be deeded over to the City. He asked if we would mitigate the wetland. Dietz thought there probably is a possibility to expand the wetland somewhat, but he didn't know if it would be worth the expense. Dietrich noted this was mitigated in 1994 and is probably maxed out. Tyra-Lukens asked about the issue of the landscaping being done at the same time. Dietrich said they would want to look at deferring the landscaping on Lot 2 because if, the restaurant is not approved, there will be some other type of development. They need to look at this with Staff. If it is developed retail it could be twice as large as the restaurant, and there would need to be a coordinated building/landscaping plan. Case thought there are phases that are acceptable. He would be comfortable if Staff was involved in the issue. Thorfinnson thought we can ask for the berm to be built and in place before Lot 2 is developed. VOTE ON THE MOTION: Motion carried 4-0. A. SETTLERS RIDGE by Pemtom Land Company. Request for Planned Unit Development Concept Review on 58.95 acres, Planned Unit Development District Review on 58.95 acres, Rezoning from Rural to RI-13.5 and RI-9.5 on 58.95 acres and Preliminary Plat on 58.95 acres into 117 lots and 4 outlots. Location: South of Pioneer Trail and west of Riley Creek. (Resolution 98-34 for PUD Concept Review, Ordinance for PUD District Review and Rezoning from Rural to Rl-13.5 and Rl-9.5 and Resolution 98-35 for Preliminary Plat) CITY COUNCIL MINUTES February 17, 1998 Page 7 Dan Herbst, representing Pemtom Land Company, apologized for their tardiness. He said they are proposing three distinct neighborhoods to be built on the 59-acre site just west of Bearpath. Dwight Jelle, Westwood Professional Services, reviewed the site characteristics. He said they worked with the State Historical Society regarding some of the Indian mounds, and they have had the State Archeologist review the project and their plans to avoid the mounds. They might end up moving two lots if mounds are found there. Trails are proposed along Street A and connect to the City park. Pete Berge and Mark Anderson, from Lundgren Brothers, reviewed the landscaping, the three neighborhoods proposed, and the Homeowners Association proposed. Enger said the Planning Commission reviewed the project at their January 12, 1998 meeting, and recommended on a 7-0 vote approval of the request, subject to the recommendation that Staff, the developer and the neighbors work to provide a separate point of automobile access to the development. He said the Commission was also concerned about protection for the Indian mounds if the State Archeologist determines they exist within the development. They recommended snow fencing around the mounds to provide physical limitations during construction, placing a type of conservation easement on them, and clearly mark them so that people can determine where they are and know that they are protected by State law. In addition the wetland in back of Lots 7-14 should be fully delineated. Lambert said the Parks Commission reviewed the project at their January 5, 1998 meeting and recommended approval on a 6-1 vote. They recommended that the wetlands be put in an Outlot and be dedicated to the City. They were concerned about the impact preservation of the Indian mounds would have on the rear lot runoff collection system. They will have to determine how that will work when they get the decision on the mounds. The Engineering Staff should be satisfied that the bluff and Riley Creek are protected from erosion by adequate erosion control techniques. He said the developer was not comfortable putting the wetlands in an outlot. One alternative would be to have the wetland put into an outlot with a conservation easement on it and allow the outlot to remain in the Homeowners Association ownership. They were concerned about potential problems if the rear lot extends into a wetland. Lambert noted the dissenting vote was a Commissioner who was concerned about the recommendation to force the developer to give the Outlot to the City. Dietz said there are implications regarding the extension of the utilities and asked Alan Gray to review those. He said we will have to do a Feasibility Study to develop a plan for constructing and assessing utilities to this area. '7 CITY COUNCIL MINUTES February 17, 1998 Page 8 Alan Gray reviewed what would need to be done to provide sanitary sewer and water service to this area and which properties would be affected. If the Feasibility Study is approved, they would proceed with the study and come back to the Council with a specific proposal at a Public Hearing that would detail the project, costs for the improvements, and how it would be pro-rated and financed. There were no comments from the audience. Case was concerned about the marking of the burial mounds. While he would prefer to have the outlot dedicated to the City, he was okay with the idea of putting it into an outlot owned by the Homeowners Association. The wetland needs to be demarcated so it is entirely within the easement. Carsonite markers should be put in the middle of the lot line for Lots 9 and 10 and he would like to see them placed along the entire bluff line. Case said he would encourage their proposed use of Chaska brick because we have six or seven historic homes that are built of Shakopee and Chaska bricks throughout the city. He encouraged proponent to take suggestions about road names from the Heritage Preservation Commission (HPC). He was concerned that there was no mention that the HPC reviewed this proposal but he knows that they did review it on December 15, 1997, and he would like to see a paragraph or so included in Staff Reports indicating that the HPC reviewed the project and what their recommendations were. Butcher-Y ounghans thought this is a remarkable piece of property. She commended the developer for the work they did with the State Archeological office and for their concern for the cultural resources as well as the natural resources. She wanted to make sure that the mounds are protected during the grading. She noted that the mound alternative plan shows house building pads coming fairly close to the mounds, and she feels very strongly about having a reasonable buffer zone for the mounds. It is important to make sure people know where the mounds are, and she would like to attach something to the legal documents that would transmit the obligation to protect these mounds. She noted the American Indian Advisory Council does not accept putting up statements that designate burial mounds. Thorfinnson understood that if they determine there are burial mounts, there would be two lots pulled out, so he thought they have already taken into consideration a reasonable amount of space. Tyra-Lukens asked if there will be sidewalks in addition to the trail planned for the south side of Streets A and B. Dietrich said there would not be. Lambert said there will be an eight-foot trail on the south side of Street A all the way through the development and on the south side of Street B. There are none along the cul-de-sac nor on Street F. Tyra-Lukens asked if it is unusual to not CITY COUNCIL MINUTES February 17, 1998 Page 9 have sidewalks in the development. Lambert said trails or sidewalks are put on through streets but not on cul-de-sacs. Tyra-Lukens noted Streets E and F will go through at some point. Lambert said Street F might be one that should have a sidewalk. Tyra-Lukens asked if that is generally done retroactively. Lambert said the decision should be made now if the Council wants one on Streets E and F. Case agreed that a trail on the south side of Streets E and F would be a minimum, and he was surprised that they didn't put sidewalks on both sides as an amenity and an attraction for the empty-nester market. He thought it would also make sense from the perspective of the City's trail system. Tyra-Lukens thought the issue of the second entry was left hanging at the end of the Planning Commission proceedings. She asked what proponent has done since January 2nd. Herbst said they met with the property owners again. There is a haul road on the property to the west owned by Tom Zwiers. Because of the site restrictions Hennepin County frowned on any other access except that one. He thought we can come to an agreement with Mr. Zwiers, and he hopes to be able to come back before final plat with something worked out on the Dorenkemper property. Tyra-Lukens asked if these would be permanent roads. Herbst said the one on the Dorenkemper property would, but the road on the Zwiers property would be for emergency use only. Tyra-Lukens wanted to make sure that all streets that look like they are temporary dead ends are clearly signed so we don't have problems in the future. She thought it is very important that we be conscientious about how we develop this part of Eden Prairie and we must be sure to protect the bluffs and minimize the tree loss. MOTION: Thorfinnson moved, seconded by Butcher-Younghans, to close the Public Hearing; to approve 1st Reading of the Ordinance for PUD District Review on 58.95 acres and Rezoning from Rural to RI-13.5 and RI-9.5 on 58.95 acres; to adopt Resolution 98-34 for PUD Concept Amendment on 58.95 acres; to adopt Resolution 98-35 for Preliminary Plat of 58.95 acres into 117 lots and 4 outlots; and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations and the following Council conditions: 1) carsonite markers to delineate the conservation easement area, 2) placement of the wetland area into an outlot, preferably to be deeded back to the City, or, alternatively, to be dedicated to the Homeowners Association; 3) proponent to work with the Heritage Preservation Commission on street names within the development; 4) sidewalks to be placed on Streets E and F; 5) proponent to work with staff to establish a satisfactory erosion control plan; 6) proponent to work with staff to develop an acceptable drainage plan for the back lots subject to the final decision on the location of the Indian mounds; and 7) proponent to provide for a second entrance prior to 2nd Reading. Motion carried 4-0. CITY COUNCIL MINUTES February 17, 1998 Page 10 C. RIVER KNOLL OFFICE BUILDING by River Knoll, L.L.C. Request for Planned Unit Development Concept Amendment on 2.49 acres, Planned Unit Development District Review on 2.49 acres, Zoning District Amendment in the Office Zoning District on 2.49 acres and Site Plan Review on 2.49 acres. Location Rowland Road and Shady Oak Road. (Resolution 98-38 for PUD Concept Amendment, Ordinance for PUD District Review and Zoning District Amendment) Jullie said the official notice of this Public Hearing was published on February 5, 1998 in the Eden Prairie News and notices mailed to 35 property owners. John Holt, Holt Associates, reviewed the proposed two-story office building. Enger said the Planning Commission voted 7-0 to recommend approval of the project at its January 26, 1998 meeting, subject to the recommendations of the Staff Report of January 23, 1998. It was not reviewed by the Parks Commission. There were no comments from the audience. MOTION: Thorfinnson moved, seconded by Butcher-Younghans, to close the Public Hearing; to approve 1st Reading of Ordinance for PUD District Review on 2.49 acres and Zoning District Amendment in the Office Zoning District on 2.49 acres; to adopt Resolution 98-38 for PUD Concept Amendment on 2.49 acres; and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Motion carried 4-0. VI. PAYMENT OF CLAIMS MOTION: Thorfinnson moved, seconded by Butcher-Younghans, to approve the Payment of Claims as submitted. Motion carried on a roll call vote, with Butcher- Younghans, Case, Thorfinnson, and Tyra-Lukens voting "aye." VII. ORDINANCES AND RESOLUTIONS VIII. PETITIONS, REOUESTS AND COMMUNICATIONS IX. REPORTS OF ADVISORY BOARDS & COMMISSIONS X. APPOINTMENTS A. ARTS COMMISSION -Appointment of 2 Members to the Arts Commission for a three-year term commencing April 1, 1998 Case nominated Susan Dickman and Harry Garrish. There were no other nominations. I() CITY COUNCIL MINUTES February 17, 1998 Page 11 MOTION: Case moved, seconded by Thorfinnson, to close the nominations and to cast a unanimous ballot for Dickman and Garrish for three-year terms on the Arts Commission, commencing April 1, 1998. Motion carried 4-0. B. BOARD OF ADJUSTMENTS & APPEALS -Appointment of 1 Member to the Board of Adjustments & Appeals for a three-year term commencing April 1, 1998 Thorfinnson nominated Ismail Ismail. There were no other nominations. MOTION: Case moved, seconded by Thorfinnson, to close the nominations and to cast a unanimous ballot for Ismail for a three-year term on the Board of Adjustments & Appeals, commencing April 1, 1998. Motion carried 4-0. C. ENVIRONMENTAL & WASTE MANAGEMENT COMMISSION - Appointment of 3 Members to the Environmental & Waste Management Commission for three-year terms commencing April 1, 1998 Butcher-Y ounghans nominated Reed Larson. Thorfinnson nominated Deborah Yungner. Case nominated Dave Swann. There were no other nominations. MOTION: Butcher-Younghans moved, seconded by Case, to close the nominations and to cast a unanimous ballot for Larson, Yungner and Swann for three-year terms on the Environmental & Waste Management Commission, commencing April 1, 1998. Motion carried 4-0. D. FLYING CLOUD AIRPORT ADVISORY COMMISSION OF EDEN PRAIRIE -Appointment of 2 Members to the Flying Cloud Airports Advisory Commission (1 Flying Cloud Business Representative and 1 Citizen) for three-year terms commencing April 1, 1998 Thorfinnson nominated Jeff Bauer. Case nominated John G. Smith. There were no other nominations. MOTION: Case moved, seconded by Thorfinnson, to close the nominations and to cast a unanimous ballot for Bauer and Smith to serve three-year terms on the Flying Cloud Airport Advisory Commission of Eden Prairie, commencing April 1, 1998, (Bauer to serve as the Flying Cloud Business Representative and Smith to serve as the Citizen Representative). Motion carried 4-0. E. HERITAGE PRESERVATION COMMISSION -Appointment of 3 Members to the Heritage Preservation Commission, 2 for three-year terms commencing April 1, 1998, and 1 to fill an unexpired term through 3/31/99 commencing upon appointment 1/ CITY COUNCIL MINUTES February 17, 1998 Page 12 Case noted there is an additional unexpired two-year term to fill on this Commission. Case nominated Jan Mosman. Butcher-Younghans nominated Jane Hession for a three-year term and James Wilson to fill the unexpired term through March 31, 1999. Case nominated Ginger Venable for a two-year term. There were no other nominations. MOTION: Thorfinnson moved, seconded by Butcher-Younghans, to close the nominations and to cast a unanimous ballot for Mosman and Hession to serve three-year terms on the Heritage Preservation Commission, commencing April 1, 1998, for Wilson to fill the unexpired one-year term through March 31, 1999, commencing upon appointment, and for Venable to fill the unexpired two- year term, commencing upon appointment. Motion carried 4-0. F. HOUSING, TRANSPORTATION & HUMAN SERVICES BOARD - Appointment of 4 Members to the Housing, Transportation & Social Services Board (3 for one-year terms from Commissions, and 1 citizen-at- large member for a three-year term) commencing April 1, 1998 Thorfinnson nominated Vicki Koenig, Randy Foote and Brad Behrends from Commissions for one-year terms and Mary Jo Wissner for a three-year term as the citizen-at-Iarge member. There were no other nominations. MOTION: Thorfinnson moved, seconded by Butcher-Younghans, to close the nominations and to cast a unanimous ballot for Koenig, Foote and Behrends for one-year terms as Commission Representatives on the Housing, Transportation & Human Services Board and for Wissner for a three-year term as the citizen-at- large member, commencing April 1, 1998. Motion carried 4-0. G. HUMAN RIGHTS & DIVERSITY COMMISSION -Appointment of 2 Members to the Human Rights & Diversity Commission for three-year terms commencing April 1, 1998 Butcher-Y ounghans nominated Harry Moran and Darryl Stanton. There were no other nominations. MOTION: Butcher-Younghans moved, seconded by Thorfinnson, to close the nominations and to cast a unanimous ballot for Moran and Stanton for three-year terms on the Human Rights & Diversity Commission, commencing April 1, 1998. Motion carried 4-0. H. PARKS, RECREATION & NATURAL RESOURCES COMMISSION- Appointment of 2 Members to the Parks, Recreation & Natural Resources Commission for three-year terms commencing April 1, 1998 CITY COUNCIL MINUTES February 17, 1998 Page 13 Case nominated Donald Jacobson and Glen Stolar. There were no other nominations. MOTION: Case moved, seconded by Thorfinnson, to close the nominations and cast a unanimous ballot for Jacobson and Stolar for three-year terms on the Parks, Recreation & Natural Resources Commission, commencing April 1, 1998. Motion carried 4-0. I. PLANNING COMMISSION -Appointment of 3 Members to the Planning Commission for three-year terms commencing April 1, 1998 Case nominated Laurence Dorn. Butcher-Y ounghans nominated Rebecca Lewis. Thorfinnson nominated Kenneth Clinton. There were no other nominations. Tyra-Lukens said we will need to continue the vote for Kenneth Clinton until there are five members of the Council present to vote. MOTION: Case moved, seconded by Butcher-Younghans, to close the nominations, to cast a unanimous ballot for Dorn and Lewis for three-year terms on the Planning Commission, commencing April 1, 1998, and to table the vote on Clinton until the full Council is present to vote. Motion carried 4-0. J. BOARD OF REVIEW -Confirm the appointment of 5 members to the 1998 Board of Review MOTION: Thorfinnson moved, seconded by Butcher-Younghans, to confIrm the appointments of Mike Best, Annette 0' Connor, Phil Olson, Patricia Pidcock and Carol Standal to the 1998 Board of Review. Motion carried 4-0. XI. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Report on Eden Prairie Foundation's Light Up Your Community Week Butcher-Y ounghans noted she was appointed as the Council Representative to the Eden Prairie Foundation Board of Directors. This is their 17th year of holding an annual community function. This year the function is a week of activities called "Light Up Your Community, " that is designed to support the Foundation and bring people together. She reviewed the events scheduled from February 15 through February 21. She encouraged Councilmembers and those watching tonight's meeting to attend the events. /3 CITY COUNCIL MINUTES February 17, 1998 Page 14 B. REPORT OF CITY MANAGER C. REPORT OF DIRECTOR OF PARKS. RECREATION & NATURAL RESOURCES D. REPORT OF DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT E. REPORT OF DIRECTOR OF PUBLIC WORKS F. REPORT OF CITY ATTORNEY XII. OTHER BUSINESS XIII. ADJOURNMENT MOTION: Case moved, seconded by Thorfinnson, to adjourn the meeting. Motion carried 4-0. Acting Mayor Tyra-Lukens adjourned the meeting at 9:45 p.m. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, FEBRUARY 24,1998 CITY COUNCIL/STAFF WORKSHOP COUNCILMEMBERS: CITY STAFF: I. CALL MEETING TO ORDER 7:00 p.m. CITY CENTER Heritage Room IV 8080 Mitchell Road Mayor Jean Harris, Councilmembers Sherry Butcher-Y ounghans, Ronald Case, Ross Thorfinnson Jr., and Nancy Tyra-Lukens City Manager Carl Jullie, Assistant City Manager Chris Enger, Director of Public Works Eugene Dietz, Director of Parks, Recreation and Natural Resources Bob Lambert, Director of Public Safety Jim Clark, Director of Human Resources, Community Information & Services Natalie Swaggert, Communications Coordinator Terry Kucera, and Recording Secretary Barbara Anderson Tyra-Lukens called the meeting to order at 7:10 p.m. Mayor Harris was absent. Enger reviewed the results from the Community Forum and the Executive Summary of the results of that discussion. He noted that Bill Morris of Decision Resources, Inc. had made a presentation to the City Employees which was taped. He explained the difference in the way items were referred to in the speech versus how staff chose to refer to them in the Executive Summary. II. VIDEO PRESENTATION OF COMMUNITY FORUM RESULTS Councilmembers and staff watched the video presentation on the forum results. IV. NEXT STEPS Enger reviewed the next steps on the process which will include mailing the Executive Summary to forum participants, telecast of the Bill Morris presentation on Cable TV, the presentation of the Community Forum results to Boards and Commissions, and share the results of those presentations with the City Council and then beginning the formulation of a strategic plan. Swaggert commented staff wanted to show the video on cable by mid-March. Enger recapped the status ofthe Community Forum at present; he noted the focus groups did not focus on social issues but were more intent on the realistic issues of today. Enger showed a matrix containing the focus areas identified and the boards and commissions and the areas where the boards and commissions would be most concerned. The worksheets contained in the packets were devised with the idea of having the boards and commissions CITY COUNCIL WORK SESSION MINUTES February 24, 1998 Page 2 identify issues and goals that were within their purview and what strategies could be used to accomplish these goals. These worksheets would be tied into the commission and Council values and used to develop a strategic plan. Enger asked if those present agreed with the goals and values and that the correct boards and commissions had been identified and associated with each value. Tyra-Lukens commented that Park and Recreation should be included with the Public Safety because they were involved with that aspect within the parks and on the trail systems. Butcher-Y ounghans commented the Heritage Preservation Commission should be included under the Environment and Protection of Natural Resources because they were involved in preserving landscaping around historical buildings and things such as Miller Spring. Enger stated that if each commission does the worksheets they will have a good start on creating their strategic planning for the future as each commission will be looking at these issues from their point of view. This would give staff a large jump on developing the strategic plan and they could bring it back to the City Council for review. Case asked if staff would have some examples that were specific because he thought the blue sheets were very obscure and needed more definition to be useful. Swaggert stated staffwill hold facilitated meetings with the boards and commissions to explain exactly what the blue sheets were designed to do. Case commented the marks on the chart were not weighted as to their importance, and some issues were more important than others and some boards and commissions had much more impact on the values than did others. Enger responded the chart was simply designed to allow staff to reach agreement as to what areas each commission was involved with and then to solicit input from these commissions on those issues that were relevant. Lambert commented he thought the Park and Recreation Commission should be included with transportation as they make recommendations to the City Council on pedestrian walkways and trails. Discussion ensued regarding how the presentation would be made to the boards and commissions and it was felt that staff should meet with the staff liaisons to explain the goals and objectives of the exercise and how it would be conducted. Dietz commented perhaps the presentation could be made to all the boards and commissions at one time and then they could break off into small groups to hold their discussions. Enger stated staff intends to do something along those lines, but had thought perhaps two or three sessions would be needed, but staff would look at alternatives. Enger stated there was the potential to use a similar matrix for City Departments to solicit input from each department and that would help give management a good perspective on the views of the City employees. The process is flexible and they can put other values into the matrix to get different information. Staff feels that going to the boards and commissions for input is the next step in this process, and getting input from City staff could be done later on as the process is flowing along. This would give the City a comprehensive list of goals and objectives that would be fairly complete. Enger noted that such things as conservation easements and density transfers could be included as tools that a certain commission may feel fit into the category of "do more with less". CITY COUNCIL WORK SESSION MINUTES February 24, 1998 Page 3 Tyra-Lukens commented the process would give the Council validation for the premises they have set forth. Lambert asked about the "do more with less" mandate, and noted the Park and Recreation Commission has been talking about holding a referendum to obtain funds to renovate some park facilities, and accomplish some things they have been wanting to do. Enger responded that they need to identify the services that are being suggested as the means to drive the bond issue. If the bond issue fits into the identified values that the community wants to hold and accomplish, then there is a valid reason to hold a referendum. It all has to balance out. Swaggert commented they need to tie the values in the referendum to the focus areas. Butcher-Y ounghans stated that she felt it was healthy to discuss these things and it should be something that the citizens have input about. Tyra-Lukens stated it may be a way to look at optimizing current services and there may not be a way to do that so they may have to implement an incremental plan to accomplish those tasks. Enger clarified that the maxim means "do more with less increase" so as not to raise taxes more than is absolutely necessary. Lambert commented planning has to be all-encompassing and the values need to be the focal point rather than the issues of today to be ready for the future when these immediate issues of today will be resolved. Swaggert asked if it would be helpful to send out the Executive Summary to board and commission members ahead of time, and everyone present felt that would be best. Dietz commented they were all making the assumption that the population of Eden Prairie was going to age, when that may not be the case. People could decide to move away as they get older, to be replaced by younger families, and the demographics of Eden Prairie could remain relatively stable for quite a long period. Enger responded that the City needs to be able to react to that scenario by having a system of checks and balances because it was too difficult to predict accurately what would occur in the future. IV. LEADERSHIP PROFILE RESULTS Thorfinnson arrived at the meeting at 8:40 p.m. He stated the Leadership Profile detailed the results of the values that the City Council had established as being desirable in a City Manger. The document was confidential, as it was personal, and would not be allowed to leave the building. Councilmembers would be allowed access to it by contacting Human Resources if they wished to read it. Discussion ensued regarding when to take formal action to confirm the new City Manger. Swaggert stated she would discuss this with City Attorney Roger Pauley to see if the date of appointment could be moved forward. V. ADJOURNMENT Tyra-Lukens adjourned the meeting at 9:00 p.m. 3 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar March 17, 1998 DEPARTMENT: ITEM DESCRIPTION: ITEM NO. Finance -Gretchen Laven Clerk's License Application List IV.A. These licenses have been approved by the department heads responsible for the licensed activity. CONTRACTORS A-ABC APPLIANCE & HEATING INC ALL BETTER SERVICES ALLAN MECHANICAL INC ARCHETONE LTD AUTOMATIC GARAGE DOOR & FIREPLACES BENSON-ORTH ASSOCIATES INC BEST BUY CO INC BREDAHL PLUMBING BURNSVILLE HEATING & AI C INC CENTRAlRE INC COUNTRYSIDE HTG & COOLING CRONSTROMS HTG & AlC INC CUSTOM REFRIGERATION INC D J KRANZ CO INC DANIEL D HEISLER dba: Chores & More DAVID WAYNE CONST INC DEPENDABLE INDOOR AIR QUALITY INC DINIUS PLUMBING COMPANY DONAHUE MECHANICAL INC E A H SCHMIDT & ASSOC INC E C I BUILBING CONTRACTORS ELANDER MECHANICAL INC ERV SMITH SERVICE AMERICA FCA LTD dba Life Time Fitness FLARE HTG & AlC FORCIER PLUMBING GAS LINE PLUS GENERAL PLB & HTG INC HANSON -KLEVEN PLUMBING HAUENSTEIN & BURMEISTER INC March 17, 1996 1 HEATING & COOLING TWO INC HOLST EXCAVATING INC KEITH WATERS & ASSOCIATES INC KLEVE HTG & AlC INC KMS CONSTRUCTION INC LAKE AIR HTG & COOLING INC LANGER CONSTRUCTION COMPANY LARSON PLUMBING INC LARSON MECHANICAL CO LSV METALS INC M & D PLUMBING & HEATING INC MARTENS/SAMMON HTG & AlC MERIT HV AC INC MIDLAND HEATING & AlC INC MIDWEST MAINTENANCE & MECH NSII MECHANICAL CONTRACTING CO PCL CONSTRUCTION SERVICES PHOENIX CONSTRUCTION NW INC PL YMOUTH PLUMBING dba: PLYMOUTH HTG & AIR POKORNY COMPANY INC PRAIRIE ELECTRIC CO INC R & S HEATING & AIR CONDITIONING INC RICCAR HTG & AlC INC RICHMOND & SONS ELECTRIC INC dba Golden Valley Htg & AlC ROTO-ROOTER SERVICES CO RUSHING COMMERCIAL CONST. CORP S B S MECHANICAL INC SEDGWICK HTG & AlC CO SENTRA-SOTA SHEETMETAL SINGLE-PL Y SYSTEMS INC SOUTHSIDE HTG & AlC SPARTAN MECHANICAL INC CONTRACTORS CON'T STARMARK NORTHWEST MANAGEMENT LLC dba: Northwest Athletic Club SUN MECHANICAL INC TOLL GAS & WELDING VALLEY AIRE INC WENZEL HTG & AlC WESTONKA MECHANICAL CONTR. INC SOLID WASTE COLLECTOR CLEAN SWEEP INC VASKO RUBBISH REMOVAL INC RAFFLE DUCKS UNLIMITED EP CHAPTER (Bearpath Golf & Country Club, 4/6/98) CIGARETTE & TOBACCO PRODUCTS JERRY'S ENTERPRISES INC dba Jerry's Foods -Eden Prairie PREMIUM TOBACCO March 17, 1996 2 EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 3-17-98 SECTION: CONSENT CALENDAR ITEM NO. =orJ3 DEPARTMENT: ITEM DESCRIPTION: Community Development Chris Enger BEST BUY CAMPUS CONCEPT PLAN -1997 Scott Kipp Requested Council Action: The Staff recommends that the Council take the following action: • Approve 2nd Reading of an Ordinance for PUD District Review on 3.5 acres and Zoning District Change from Rural to 1-2 on 3.5 acres; • Adopt the Resolution approving Site Plan Review on 3.5 acres. Background: The Council approved 1 st Reading of the rezoning, preliminary plat and site plan review for the phase 2 parking for this project, and granted early grading permit issuance at its September 2, 1997 meeting. The overall PUD Concept Amendment was approved by the Council at its October 7, 1997 meeting. The City Attorney had advised the Council that it could not enter into a Developer's Agreement with Best Buy when a member of the Council owns stock in the company. To resolve this issue, the City Attorney and Staff worked with Best Buy in preparing a Declaration of Covenants, Conditions, and Restrictions for Best Buy. This declaration document contains all the items that would have been in a Developer's Agreement for the project. The declaration has been signed by Best Buy, and will be recorded with the final plat. Supporting Reports: 1. Ordinance for PUD District Review and Zoning District Change 2. Resolution for Site Plan Review 3. Declaration of Covenants, Conditions, and Restrictions I BEST BUY CAMPUS CONCEPT PLAN -1997 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 5-98-PUD-3-98 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONT AIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Rural District and be placed in the 1-2 Zoning District 5-98-PUD-3-98 (hereinafter "PUD-3-98-1-2"). Section 3. The land shall be subject to the terms and conditions ofthat certain Developer's Agreement dated as of March 17, 1998, entered into between Best Buy Co., Inc., and the City of Eden Prairie (hereinafter "Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD-3-98-1-2, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-3-98-1-2 is not in conflict with the goals ofthe Comprehensive Guide Plan of the City. B. PUD-3-98-1-2 designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-3-98-1-2 are justified by the design of the development described therein. D. PUD-3-98-1-2 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 5. The proposal is hereby adopted and the land shall be, and hereby is removed from the Rural District and shall be included hereafter in the Planned Unit Development PUD-3-98-1-2 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 2nd day of September, 1997, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting ofthe City Council of said City on the 17th day of March, 1998. ATTEST: John D. Frane, City Clerk Jean L. Harris, Mayor PUBLISHED in the Eden Prairie News on _______________ _ EXHIBIT A Best Buy Campus Concept Plan -1997 Legal Description: PUD District Review, Zoning District Change, and Site Plan Review(Phase 2 parking) That' part, of the .Southebst.,otiarfer·.cof· the .Southw~ .. Quart~r~~~f-·,s~'9tfu-rik3[~.{:T6~~~hiP:;>·~,·, 116 North,' Range 22:'. West of the-':Sth,. Principar:MeridIan;descdb~d~:_cis.:JC?lIq\V~~:;~?;.:~;:;~{:~.·~/;'.:'. . _. / ... '~:.'" '''~,'~. "< ~'.-":. '.~ ~.>~ :-:~~~-:-:~:'~.~' ~~.-:. ;;.~:~-.: .... ',' '.". '~~':.,~::_:> .. M':~:.;:. '.:;;:~ .~~~~~(~'~~i~ ~~·>:j:~~:~:¢~~:~(?~~~~~k:~~~~~ /~~~~·~:i::·~~t?· ~;;~··-S·-:._ -'-',:'. ~", Commencfng' at . the..so.utheast :'comer ,of s~jd'~.SOutlieast~::O'uQrtertC;f'.~·:~ Soutl:iw'est~~~<: .,~ Quarter,' the~ce'--on ~'.~ an' CissLIITlea bearing of :'N'orth :;:-86<degfees~~55·~·minuteS:":'3S~::¢.t '::,:';' . seconds' West .aIOng· the:~soUth:.firi.e.::of. said-',,$Oi!the'dst'Quort~6~-.of:i~Re}~Q!B·~~t::~,:,:·.:~_._ Quarter; a distance' oL782.82 ,feet,c.tothe.-poinf.6Lbe'grnning;C·of::·.the_Jan,?,·:.to·;'be :": described.; .thence North" 1;,.9,egree ~:4-4-.minl:J~~': J 9~ sec6'nq~-~:E~~;.§~~::.?1~Q~~~r:o!>.~,.;: ...... . 312.60 feet; ~t}ence nort!lwe~.terJY~ fl·· .. dlstan~~:?)f.20:4:.5.6:' feet:-,a}qr:g:::~,;t~I?$~r~I91;y .~." _ curve'co,:cave . to ,-.the. ,SouU:west .. :hovlng,:q:~Tq9Ius :.of_A.8~.~OO:'le~,~}?l}q~,~·i.cenr9:~L~>,~~ .. ~: .. .. -~~~ir~~e~~~i~~~~~1~i~~i~111'1~~1~t:E';, line; thence: ·South;~:86 degr.~_~:5:J2;"segJlds:':·~:~T1'}lfl_u;t~S'S.Eq~t'~dJi<?r:g;.~.0i4';:;s.,C:>IJ!:t!·:!~:,~(:··~:: line; a':' di.s~arice .1,of::30 7 A4>f~'L)ci~;,~:tl1 e ~9tfft~~'<?r))~g,ibri1~j;~;;tif~}~~?{~~~~~;i;:~~;·:ti~;~·::~(~'~j." :" .'. PUD Concept Amendment, Preliminary Plat ;ne South Hair of the Southecst Quarter of the SOL;t.hwest Ouarter; Parcei 2: That part of the North Half of the Southeast Ouarter of the Southwest Quarter descri~bed as beginning at a point on the South line thereof 341.5 feet West of the Southeast corner thereof; thence West along said South line 74 7.5 fe~t to the Easterly line of U.S. Highway No. 169-212; thence Northerly along the Easterly line of said Highway 118.3 feet: thence Southeast~ri'f to the point of beginning: all in Section 1. Township 116. r<ange 22, according to the Government Survey thereof. Parcei 3: Lot 1. 810cl< 1. and Outlot A, LEE DATA, according to the plat thereof on fiie c~d of record in the office of the Registrar of ntles in and for Hennepin County. Minnesota; together with an easement for roadway purposes as evidenced by / Document No. 1518657. Parcel 4: That part of Lot 1, Blocl<. 1, SHADY OAK INDUSTR1.AL PARK FIFTH ADOmON, according to the recorded plat thereof which lie!3 westerly of a 'Iine dra' .. n northerly at a right angle to the northerly line of the recorded plat of LEE OATA from a point on scid northerly line distant 160.00 feet westerly from the northeast comer of said plat of LEE DATA Parcel 5: That part of West 70th Street as dedicated on U"le recorded piat of LEE DATA ana now to be vacated which lies ecsterly of the northerly extension of the easterly rj~ht-~f-way line of Flying Cloud Drive. as dedicated in said plat and lying westerly or a line drawn southerly at a right angle to tl1e northerly line of said piat from a point on said northerly fine distant 160.00 feet westerly from the northeast comer of said plat. .... ... . BEST BUY CAMPUS CONCEPT PLAN -1997 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 5-98-PUD-3-98 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summaty: This ordinance allows rezoning of land located at 7075 Flying Cloud Drive from Rural to 1-2 on 3.5 acres. Exhibit A, included with this Ordinance, gives the full legal description ofthis property. Effectiye Date: ATTEST: lsi John D, Frane City Clerk This Ordinance shall take effect upon publication. Is/Jean L. Harris Mayor PUBLISHED in the Eden Prairie News on the _____ ~ (A full copy of the text ofthis Ordinance is available from City Clerk.) Exhibit A Best Buy Campus Concept -1997 Zoning change from Rural to 1-2 Area to be rezoned to industrrol (1-2) That part of the Southeast Quarter of the Southwest Quarter of Section 1, Township 116 North, Range 22 West of the 5th Principal Meridian described as follows: Commencing at the southeast corner of said Southeast Quarter of the Southwest Quarter; thence on an assumed bearing of North 86 degrees 55 minutes JJ seconds West, along the south nne of said Southeast Quarter of the Southwest Quarter, a distance of 782.82 feet, to the point of beginning of the land to be described; thence North 1 degree 44 minutes 19 seconds East a distance of 312.60 feet; thence northwester'y a distance of 204.56 feet along a tangential curve concave to the Southwest having a radius of 188.00 feet and a central angle of 62 degrees 20 minutes .39 seconds; thence North 60 degrees 36 minutes 20 seconds West tangent to said· curve a distance of 200.38 feet, to the easterly right-of-way line of U.S. Hfghwoy No. 212 as described ;n Document No. 14.30693; thence southerly. along said easterly right-of-way line. to sold south line; thence South 86 degrees 55 seconds 33 minutes East, along said south line, a distance of 307.44 feet. to the point of beginning. BEST BUY CAMPUS CONCEPT PLAN -1997 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION GRANTING SITE PLAN APPROVAL FOR BEST BUY CAMPUS CONCEPT PLAN -1997 BY BEST BUY WHEREAS, Best Buy has applied for Site Plan approval of Best Buy Campus Concept Plan -1997 on 3.5 acres for construction ofthe Phase 2 parking area located at 7075 Flying Cloud Drive, to be zoned 1-2 Zoning District on 3.5 acres by an Ordinance adopted by the City Council on March 17, 1998; and, WHEREAS, the Planning Commission reviewed said application at a public hearing at its August 11, 1997, Planning Commission meeting and recommended approval of said site plans; and, WHEREAS, the City Council has reviewed said application at a public hearing at its September 2, 1997, meeting; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval be granted to Best Buy for the construction of the Phase 2 parking area, based on plans dated September 18, 1997, between Best Buy, and the City of Eden Prairie. ADOPTED by the City Council on March 17,1998. Jean L. Harris, Mayor ATTEST: John D. Frane, City Clerk 7 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS This Declaration is made on the date hereofby Best Buy Co., Inc., a Minnesota Corporation, hereinafter referred to as "Developer". WHEREAS, Developer has applied to City of Eden Prairie (hereinafter "City") for Planned Unit Development Concept Amendment on 47.45 acres, Planned Unit Development District Review on 3.5 acres, Zoning District Change from Rural to 1-2 on 3.5 acres, Site Plan Review on 3.5 acres, and Preliminary Plat of 47.45 acres into 1 lot and road right of way, all situated in Hennepin County, State of Minnesota, more fully described in Exhibit A, attached hereto and made a part hereof (hereinafter the "Property"), and; WHEREAS, the Developer desire by this Declaration to memorialize its obligations for development of the Property legally described in Exhibit A, attached hereto and made a part hereof, and depicted in materials reviewed and approved by the City Council on Oct. 7, 1997 (hereinafter the "October 7, 1997 materials"); NOW THEREFORE, Developer hereby declares that the Property shall be held, developed, sold and conveyed subject to the following restrictions, covenants, and conditions, which are for the purpose of protecting the value and desirability of, and which shall run with the Property and be binding on all parties having any right, title or interest in the Property or any part therefore, their heirs, successors and assigns, and shall enure to the benefit of each owner thereof 1. PLANS: Developer shall develop the Property in conformance with the materials revised and dated October 12, 1994, reviewed and approved by the City Council on November 15, 1994, and in conformance with the materials revised and dated April 9, 1996, reviewed and approved by the City Council on April 16, 1996, and in conformance with the materials revised and dated June 6, 1997, reviewed and approved by the City Council on July 1, 1997, and in conformance with the materials revised and dated August 26, 1997, reviewed and approved by the City Council on September 2, 1997 (Phase 2 parking only), and with materials revised and dated September 18, 1997, and the October 7, 1997 materials, subject to such changes and modifications as provided herein. 2. GRADING, DRAINAGE, AND EROSION CONTROL PLANS: A. FINAL GRADING AND DRAINAGE PLAN: Developer agrees that the grading and drainage plan contained in the October 7, 1997 materials is conceptual. Prior to the issuance of a grading permit for the Property, Developer shall submit and obtain the City Engineer's written approval of a final grading and drainage plan for the Property. The final grading and drainage plan shall include all water quality ponds, storm water detention areas and storm sewers. All design calculations for storm water quality and quantity together with a drainage area map shall be submitted with the final grading and drainage plan. The Developer shall certify to the City that the water quality pond conforms to the final grading plan prior to release of the grading bond. Developer shall complete implementation of the approved plan prior to issuance of any occupancy permit for the Property. Developer shall obtain Watershed District approval of proposed wetland fill prior to issuance of City grading permit. B. EROSION CONTROL PLAN: Prior to issuance of a grading permit, Developer shall submit to the City Engineer and obtain City Engineer's written approval of an erosion control plan for the Property. The erosion control plan shall include all boundary erosion control features, temporary stockpile locations and turf restoration procedures: All site grading operations shall conform to the City'S Erosion Control Policy contained in paragraphs 28 to 35 hereof. Developer shall complete implementation of the approved plan prior to release of the grading bond. Developer shall remove any sediment that accumulates in the existing and or proposed sedimentation pond during construction. Developer shall provide preconstruct ion and post construction surveys for evaluation by City. 3. PRETREATMENT PONDS: Prior to issuance of a grading permit for the Property, Developer shall submit to the City Engineer and receive the City Engineer's written approval of plans and design information for all storm water quality facilities to be constructed on the Property. Developer shall complete implementation of the approved storm water quality facility plan concurrent with the site grading for the Property, and prior to the use and occupancy of any area of the Property which received review and approval by the City Council on October 7, 1997. Upon completion of the parking lot construction for the Property, Developer shall provide to the City Engineer proof that the pond size has not diminished from the original design volume because of sedimentation, erosion or other causes, and that the pond has been restored to its original volume if the pond size has diminished. 4. VACATION OF ROAD RIGHT OF WAY: Prior to final plat approval on the Property, Developer shall make application to the City Engineer for vacation of West 70th Street right of way lying within the Property, and the City shall have held a public hearing relating thereto. 5. TREE LOSS -TREE REPLACEMENT: There are 3,014 caliper inches of significant trees on the Property. Tree loss related to development on the Property is calculated at 372 caliper inches. Tree replacement required is 137 caliper inches. Prior to the issuance of any grading permit for the Property, Developer shall submit to the City Forester and receive the City Forester's written approval ofa tree replacement plan for 137 caliper inches. This approved plan shall include replacement trees of a 3 inch diameter minimum size for a shade tree and a 7 foot minimum height for conifer trees. The approved plan shall also provi4e that, should actual tree loss exceed that calculated herein, Developer shall provide tree replacement on a caliper inch per caliper inch basis for such excess loss. Developer agrees to complete implementation of the approved tree replacement plan prior to the use and occupancy of any area of the Property which received review and approval by the City Council on October 7, 1997. 6. LANDSCAPE PLAN: Prior to grading permit issuance, the Developer shall submit to the City Planner and receive the City Planner's written approval of a final landscape plan for the Property. The approved landscape plan shall be consistent with the quantity, type, and size of plant materials shown on the landscape plan on the October 7, 1997 materials. Developer shall furnish to the City Planner and receive the City Planner's approval of a landscape bond equal to 150% of the cost of said improvements as required by City Code. Prior to the use and occupancy of any area of the Property which received review and approval by the City Council on October 7, 1997, Developer agrees to complete implementation of the approved landscape plan in accordance with the terms and conditions hereof 7. IRRIGATION PLAN: Prior to grading permit issuance, Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for irrigation of the landscaped areas on the Property. Prior to the use and occupancy of any area of the Property which received review and approval by the City Council on October 7, 1997, Developer agrees to complete implementation of the approved irrigation plan in accordance with the terms and conditions hereof. 8. SITE LIGHTING: Prior to grading permit issuance, Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for site lighting on the Property. All pole lighting shall consist of downcast shoebox fixtures not to exceed 30 feet in height. Developer shall complete implementation of the approved lighting plan prior to the use and occupancy of any area of the Property which received review and approval by the City Council on October 7, 1997. 9. SIDEWALK CONSTRUCTION: Concurrent with site grading and prior to the use and occupancy of the amended area, Developer shall submit to the Director of Parks, Recreation, and Natural Resources and obtain the Director's written approval of detailed plans for a five-foot wide concrete sidewalk to be located on the Property from the existing building located at 7075 Flying Cloud Drive, west to the existing trail along Flying Cloud Drive as depicted in the October 7, 1997 materials, attached hereto. Developer agrees to complete implementation ofthe approved plans in accordance with the terms hereof prior the use and occupancy of any area of the Property which received review and approval by the City Council on October 7, 1997. 10. FUTURE DEVELOPMENT: Developer acknowledges that the City has approved the rezoning and development plans only for the Phase 2 parking area, as depicted in the October 7, 1997 materials. The Phase 3 parking area and future development of the 70,000 square foot building has received only conceptual approval. Prior to any development or construction beyond the Phase 2 parking area, as depicted in the October 7, 1997 materials, Developer shall be required to submit detailed development plans, and all other submittals required by the Eden Prairie City Code, and obtain review by the Planning Commission and approval of those plans and submittals by the City Council. 11. REAFFIRMING CONDITIONS OF DEVELOPER'S AGREEMENT: Developer agrees to all of the terms, conditions and obligations of "Developer" under the Developer's Agreement dated IG December 6, 1994, the Supplement to Developer's Agreement dated May 7, 1996, and the Supplement to Developer's Agreement dated August 5, 1997, except as inconsistent with or amended by this Declaration. 12. Prior to release of any building pennit, Developer shall submit to the City Engineer for approval two copies of a development plan (1" = 1 00' scale) showing existing and proposed contours, proposed streets, and lot arrangements and size, minimum floor elevations on each lot, preliminary alignment and grades for sanitary sewer, water main, and stonn sewer, 100-year flood plain contours, ponding areas, tributary areas to catch basins, arrows showing direction of stonn water flow on all lots, location of walks, trails, and any property deeded to the City. 13. Developer shall submit detailed construction and storm sewer plans to the Watershed District for review and approval. Developer shall follow all rules and recommendations of said Watershed District. 14. If Developer fails to proceed in accordance with this Declaration within twenty-four (24) months of the date hereof, Developer, for itself, its successors, and assigns, shall not oppose the City's reconsideration and rescission of the PUD Concept Amendment, PUD District Review, Zoning District Change, Site Plan Review, and Preliminary Plat, approved in connection with this Declaration, thus restoring the status of the Property before the approvals listed above were approved. 15. Provisions of this Declaration shall be binding upon and enforceable against owners, their successors, and their assigns of the Property herein described. 16. Developer represents that it has marketable fee title to the Property, except: 17. With respect to any interest in all portions of the Property which Developer is required, pursuant to this Declaration, to dedicate or convey to the City (the "Dedicated Property"), Developer represents and warrants as follows now and at the time of dedication or conveyance: A. That Developer has marketable fee title free and clear of all mortgages, liens, and other encumbrances. Prior to release of the final plat, Developer shall provide to the City a current title insurance policy insuring such a condition oftitle. B. That Developer has not used, employed, deposited, stored, disposed of, ph(ced or otherwise allowed to come in or on the Dedicated Property, any hazardous substance, hazardous waste, pollutant, or contaminant, including, but not limited to, those defined in or pursuant to 42 U.S.C. SS 9601, et. seq., or Minn. Stat., Sec. 115B.01, et. seq. (such substances, wastes, pollutants, and contaminants hereafter referred to as "Hazardous Substances"); C. That Developer has not allowed any other person to use, employ, deposit, store, dispose of, place or otherwise have, in or on the Property, any Hazardous Substances. D. That no previous owner, operator or possessor of the Property deposited, stored, If disopsed of, placed or otherwise allowed in or on the Prooertv anv hazaril()u£ substances.t, Wht i ch hd ave no~ been removed or remed1ated 1n accordance w1£li local, s a e an federal regulations. Developer agrees to indemnifY, defend and hold harmless City, its successors and assigns, against any and all loss, costs, damage and expense, including reasonable attorneys fees and costs that the City incurs because of the breach of any of the above representations and warranties and/or resulting from or due to the release or threatened release of Hazardous Substances which were, or are claimed or alleged to have been, used, employed, deposited, stored, disposed of, placed, or otherwise located or allowed to be located, in or on the Dedicated Property by Developer, its employees, agents, contractors or representatives. 18. Developer acknowledges that Developer is familiar with the requirements of Chapter 11, Zoning, and Chapter 12, Subdivision Regulations, of the City Code and other applicable City ordinances affecting the development ofthe Property. Developer agrees to develop the Property in accordance with the requirements of all applicable City Code requirements and City Ordinances. 19. Prior to release of the final plat, Developer shall pay to City fees for the first three (3) years' street lighting on the public streets adjacent to the Property (including installation costs, if any, as determined by electrical power provider), engineering review, and street signs. 20. Developer shall submit detailed water main, fire protection, and emergency vehicle access plans to the Fire Marshal for review and approval. Developer shall follow all the recommendations of the Fire Marshal. 21. Developer acknowledges that the rights of City performance of obligations of Developer contemplated in this Declaration are special, unique, and of an extraordinary character, and that, in the event that Developer violates, or fails, or refuses to perform any covenant, condition, or provision made herein, City may be without an adequate remedy at law. Developer agrees, therefore, that in the event Developer violates, fails, or refuses to perform any covenant, condition, or provision made herein, City may, at its option, institute and prosecute an action to specifically enforce such covenant, withhold building permits or rescind or revoke any approvals granted by the City. No remedy conferred in this Declaration is intended to be exclusive and each shall be cumulative and shall be in addition to every other remedy. 22. Developer shall, prior to the commencement of any improvements, provide written notice to Paragon Cable, a Minnesota Limited Partnership, the franchisee under the City's Cable Communication Ordinance (80-33) ofthe development contemplated by this Declaration. Notice shall be sent to Paragon Cable, 801 Plymouth Avenue North, Minneapolis, Minnesota 55411. 23. Prior to building permit issuance, all fees associated with the building permit shall be paid to the Inspections Department, including; Building permit fee, plan check fee, State surcharge, metro system access charge (SAC), City SAC and City water access charge (WAC), and park dedication. Contact Metropolitan Waste Control to determine the number of SAC units. 24. Prior to building permit issuance, existing structures, walls and septic systems (if present) shall be properly abandoned or removed as required by City ordinance and all permits obtained through /)..., the Inspections Department. 25. Prior to building pennit issuance, provide 2 copies of approved surveyor site plan (1" = 200 scale) showing proposed building location and all proposed streets, with approved street names, lot arrangements and property lines. 26. City shall not issue any building permit for the construction of any building, structure, or improvement on the Property until all requirements listed herein have been satisfactorily addressed by Developer. 27. All construction projects pennitted by the City of Eden Prairie which result in the temporary disturbance of vegetative or non-vegetative surfaces protecting soils from erosion require the use of Best Management Practices (BMP's) as outlined in the Minnesota Pollution Control Agency's manual, Protecting Water Quality In Urban Areas, to mitigate the impact of erosion on wetland and water resources. The City Engineer or the Director ofInspections may impose special conditions to permits which stipulate erosion control procedures and/or direct the installation of erosion control features or the clean up of erosion at construction sites. Permits affected by this policy include all grading permits, building permits, and permits for the installation of utilities. 28. All erosion control systems stipulated in the permit application shall be installed prior to the issuance of the permit. Supplemental erosion control systems ordered by the City Engineer or the Director ofInspections shall be installed within 48 hours of that order. 29. All erosion control systems must be maintained by the Developer in a functional condition until the completion of turf and/or structural surfaces which protect the soil from erosion. The Developer must inspect erosion control bi-weekly and immediately after each rainfall event of .5 inches or more. Needed maintenance shall be performed within 48 hours. 30. Best Management Practices (BMP's) shall be utilized at all construction sites to minimize the trackage or spillage of soil on public streets or highways. BMP's may include, but are not limited to, rock construction entrances, washing stations, frequent cleaning of streets adjacent to the construction site or limiting operations when site conditions are unmanageable. Trackage or spillage of soil on a public street or highway must be cleaned by power sweepers within the time frame stipulated in the permit special conditions or as ordered by the City Engineer or the Director of Inspections. 31. If erosion breaches the perimeter of a construction site, the Developer shall immediately develop a clean up and restoration plan, obtain the right-of-entry from the adjoining property owner, and implement the clean up and restoration plan within 48 hours of obtaining the adjoining property owner's permission. In the event eroded soils enter onto or are tracked or spilled on a public street, highway, sidewalk or trail, the Developer shall remove the soil material and thoroughly sweep the street or sidewalk surface within four hours. If eroded soils enter, or entrance appears imminent, into wetlands or other water bodies, clean up and repair shall be immediate. Developer shall provide all traffic control and flagging required to protect the traveling public during the clean up operations. /3 32. When a Developer fails to conform to any provision of paragraphs 27 through 32 within the time stipulated in a written notification, the City may take the following actions: a. Withhold the scheduling of inspections and/or the issuance of a Certificate of Occupancy or other approvals. b. Direct the correction of the deficiency by City personnel or separate contract. c. Withhold the issuance of building permits d. At its option, institute and prosecute an action to enjoin violations of this Agreement and/or an action to specifically enforce performance of this Agreement The issuance of a permit constitutes a right-of-entry for the City or its contractor to enter upon the construction site for the purpose of correcting deficiencies in erosion control. All costs, including but not limited to, attorneys' fees and engineering fees incurred by the City in correcting erosion control deficiencies or enforcing this policy shall be reimbursed by the Developer. All invoices for erosion control correction shall be due and payable within 30 days. Invoices not paid within 30 days shall accrue interest at a rate of 1 % per month or the highest legal rate. Each charge for correction of erosion deficiencies shall be a lien upon the property to which the permit applies. Invoices more than 30 days old on September 30 or any year or on any other date as determined by the City Engineer or the Director of Inspections may be assessed against the property. As a condition ofthe permit, the owner shall waive notice of any assessment hearing to be conducted by the City, concurs that the benefit to the property exceeds the amount ofthe proposed assessment and waive all rights by virtue of Minnesota Statute 429.081 or otherwise to challenge the amount or validity of the assessment. 33. The City of Eden Prairie shall be and hereby is intended to be a third party beneficiary to this Declaration with the full right, power and authority to enforce the provisions hereof as if it were a named party hereto. IN WITNESS WHEREOF, the Developer has caused these presents to be executed as of the day and year aforesaid. DEVELOPER BE~O .• INC. BY~~~ Its ?/: f? ~/ ~ STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this Itt} day of j\J c) Ve...-W\ W , 1912 by 'Po.J-n'c.J-t /YJake... , the U.f. ~ Reed GfdL of Best Buy Co., Inc., a Minnesota Corporation, on behalf of the corporation. DENISE K. HEINBUCH Notary Public-Minnesota Dakota County My Comm. Expires Jan 31, 2000 CONSERVATION/SCENIC EASEMENT THIS EASEMENT Grant is made this I~i]: day of jJ6Ve.M6 tt.-v-,1997, by '&..s+-B\)~ CD ,rAC. , a H,'/lt\csem. c.ot"fY'~hereinafter referred to as "Gra; or," fo; the benefit of the CITY OF EDEN PRAIRIE, a Minnesota municipal corporation, hereinafter referred to as "City": WHEREAS, Grantor is the fee owner ofland located in Hennepin County, Minnesota, more fully descnbed in Exlnbit A, attached hereto and made a part hereof, and said land hereinafter referred to as "the Property"; and, WHEREAS, Grantor has marketable title to the Property, free and clear of all liens, mortgage, and encumbrances, except: WHEREAS, Grantor desires to covey and quitclaim to City a conservancy/scenic easement for conservation and preservation of the terrain and vegetation, and to prohibit certain destructive acts thereon, over that portion of the subdivision as descnbed in Exhibit A, heremafter referred to as the "Easement Area", attached hereto; NOW, THEREFORE,: 1. Grantor hereby conveys and quitclaims to City and its successors and assigns a conservation and scenic easement in, under, on, and over the "E,asement Area," and City hereby accepts such conveyance. 2. The followmg terms and conditions shall apply to the Easement Area: A. The Easement Area shall be preserved predominantly m its natural condition. No trees, shrubs, or other vegetation shall be planted upon the Easement Area and no trees, shrubs, or other vegetation shall be removed from the Easement Area without the prior written consent of the City. B. No building, road, sign. billboard, utility, or other structure shall be placed in the Easement Area without the prior written consent of City. C. No trash, waste, or other offensive material, soiL or landfill shall be placed upon or within the Easement Area without the prior written consent of the City. D. No change in the general topography of the Easement Area landscape, including, but not limited, to excavation. dredging, movement, and removal or placement of soiL shall be allowed within the Easement Area without the prior written consent of the City. 3. With respect to the Easement Area, Grantor represents and warrants as follows: l{o A. That Grantor has marketable title free and clear of all liens, encumbrances and mortgages. B. That Grantor has not used, employed, deposited, stored, disposed of, placed or otherwise allowed to come in or on the Easement Area, any hazardous substance, hazardous waste, pollutant, or contaminant, including, but not limited to, those defined in or pursuant to 42 U.S.C. SS 9601, et. seq., or Minn. Stat., Sec. 11SB.Ol, et. seq. (such substances, wastes, pollutants, and contaminants hereafter referred to as "Hazardous Substances"); C. That to the best of Grantor's knowledge, Grantor has not allowed any other person to use, employ, deposit, store, dispose of, place or otherwise have, in or on the Easement Area, any Hazardous Substances; D. That to the best of Grantor's knowledge, no previous owner, operator or possessor ofthe easement area, deposited, stored, disposed of, placed, or otherwise allowed in or on the Easement Area any Hazardous Substances: Grantor agrees to indemnify, defend and hold harmless City, against any and all loss, costs, damage and expense, including reasonable attorneys fees and costs that City incurs because of the breach of any of the above representations or warranties and/or resulting from or due to the inaccuracy or falsity of any representation or warranty herein. 4. Grantor agrees to maintain the Easement Area subject to the provisions stated herein. 5. The duration of this easement is perpetual and shall bind and inure to the benefit of the parties, their successors, and assigns. 6. Nothing contained herein shall impair any right of City now held or hereafter acquired to construct or maintain public utilities in or on the Easement Area. IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. ~~~O.;1;~ BY:~ ,~. Patrick R. Matre Its: V.P. -Real Estate )7 STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this __ day of , 19-, by Jean L. Harris and Carl J. Jullie, 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 F{r.!::dayof {JCUVM-btY-,l9f7, by Dc.-W{c..,k, «. fV)a.Jri.-the V.P.' /?u.;llJsh.i(."a Minnesota C--OV" (Jo("oJ,'c?-n. , on behalf r I , ' U of the corporation. Df JSt-sf ~t) Lj Co. J TfLC . DENISE K. HEINBUCH Notary Public-Minnesota Dakota County My Comm. Expires Jan 31. 2.000 EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 3-17-98 SECTION: CONSENT CALENDAR ITEM NO. J1l-C DEPARTMENT: ITEM DESCRIPTION: Community Development Chris Enger RIVER KNOLL OFFICE BUILDING Michael D. Franzen Requested Council Action: The Staff recommends that the Council take the following action: • Approve 2nd Reading of an Ordinance for PUD District Review on 2.49 acres and Zoning District Amendment in the Office Zoning District on 2.49 acres; • Adopt the Resolution approving Site Plan Review on 2.49 acres; • Approval of a Developer's Agreement. Supporting Reports: 1. Ordinance for PUD District Review and Zoning District Amendment 2. Resolution for Site Plan Review 3. Developer's Agreement I RIVER KNOLL OFFICE BUILDING CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 9-98-PUD-7-98 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CERTAIN LAND WITHIN A ZONING DISTRICT, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be amended within the Office Zoning District 9-98-PUD-7-98 (hereinafter "PUD-7-98-0ffice"). Section 3. The land shall be subject to the tenns and conditions ofthat certain Developer's Agreement dated as of March 17, 1998, entered into between River Knoll, L.L.C. and the City of Eden Prairie, (hereinafter "Developer's Agreement"). The Developer's Agreement contains the tenns and conditions ofPUD-7-98-0ffice, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-7-98-0ffice is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-7 -98-0ffice 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 -98-0ffice are justified by the design of the development described therein. D. PUD-7 -98-0ffice 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 5. The proposal is hereby adopted and the land shall be, and hereby is amended within the Office District and shall be included hereafter in the Planned Unit Development 7 -98-0ffice, 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 17th day of February, 1998, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the 17th day of March, 1998. ATTEST: John D. Frane, City Clerk Jean L. Harris, Mayor PUBLISHED in the Eden Prairie News on _______________ _ RIVER KNOLL OFFICE BUILDING CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 9-98-PUD-7-98 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: SUllllllaIY: This ordinance allows the amending of land located at Rowland Road and Shady Oak Road, within the Office Zoning District on 2.49 acres; subject to the tenns and conditions of a Developer's Agreement. Exhibit A, included with this Ordinance, gives the full legal description ofthis property. Effectiye Date: ATTEST: lsi John D. Frane City Clerk This Ordinance shall take effect upon publication. IslJean L. Harris Mayor PUBLISHED in the Eden Prairie News on the ______ _ (A full copy of the text of this Ordinance is available from City Clerk.) Exhibit A River Knoll Office Building Legal Description: Lot 1, Block 2, Shady Oak Business Center RIVER KNOLL OFFICE BUILDING CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION GRANTING SITE PLAN APPROVAL FOR RIVER KNOLL OFFICE BUILDING BY RIVER KNOLL, L.L.C. WHEREAS, The Daly Group has applied for Site Plan approval of River Knoll Office Building on 2.49 acres for construction of a 26,588 square foot building located at Rowland Road and Shady Oak Road, to be zoned within the Office Zoning District on 2.49 acres by an Ordinance adopted by the City Council on February 17, 1998; and, WHEREAS, the Planning Commission reviewed said application at a public hearing at its January 26, 1998, Planning Commission meeting and recommended approval of said site plans; and, WHEREAS, the City Council has reviewed said application at a public hearing at its February 17, 1998, meeting; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval be granted to River Knoll, L.L.C. for the construction of a 26,588 square foot building, based on plans dated February 10, 1998, between River Knoll, L.L.C., and the City of Eden Prairie. ADOPTED by the City Council on March 17, 1998. Jean L. Harris, Mayor ATTEST: John D. Frane, City Clerk DEVELOPER'S AGREEMENT RIVER KNOLL THIS AGREEMENT, made and entered into as of March 17, 1998, by River Knoll, a LLC Corporation hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City:" WITNESSETH: WHEREAS, Developer has applied to City for Planned Unit Development Amendment Review on 5.2 acres, Planned Unit Development District Review on 2.58 acres, Zoning District Amendment in the Office District on 2.58 acres, Site Plan Review on 2.58 acres, and Preliminary Plat of 5.2 acres into 2 lots for construction of a 26,588 sq. ft. building, situated in Hennepin County, State of Minnesota, more fully described in Exhibit A, attached hereto and made a part hereof, and said acreage hereinafter referred to as "the Property;" NOW, THEREFORE, in consideration of the City adopting Resolution No. 98-38 for PUD Concept, Ordinance No. 9-98-PUD-7-98 for PUD District Review and Rezoning, and Resolution No. for Site Plan Review, Developer covenants and agrees to construction upon, development, and maintenance of said Property as follows: 1. PLANS: Developer shall develop the Property in conformance with the materials submitted by Developer and revised and dated February 10, 1998, reviewed and approved by the City Council on February 17, 1998, and attached hereto as Exhibit B, subject to such changes and modifications as provided herein. 2. EXHIBIT C: Developer covenants and agrees to the performance and observance by Developer at such times and in such manner as provided therein of all of the terms, covenants, agreements, and conditions set forth in Exhibit C, attached hereto and made a part hereof. 3. STREET AND UTILITY PLANS: Prior to issuance by the City of any permit for the construction of streets and utilities for the Property, Developer shall submit to the City Engineer, and obtain the City Engineer's written approval of plans for public streets, public sanitary sewer, water and storm sewer. Plans for public infrastructure shall be of a plan view and profile on 24 x 36 plan sheets consistent with City standards. A permit fee of five percent of construction value shall be paid to City by Developer. The design engineer shall provide daily inspection, certify completion in confonnance to approved plans and specifications and provide record drawings. Developer agrees to complete implementation of the approved street and utility plans as part of the building permit issuance and utility plans. 7 4. FINAL GRADING, DRAINAGE, AND EROSION CONTROL PLAN: A. FlNAL GRADlNG AND DRAlNAGE PLAN: Developer acknowledges that the grading and drainage plan contained in Exhibit B is conceptual. Prior to the release of a land alteration permit for the Property, Developer shall submit and obtain the City Engineer's approval of a final grading and drainage plan for the Property. The final grading and drainage plan shall include all water quality ponds, storm water detention areas, storm sewers, and other application required by the application for and release of a land alteration permit. All design calculations for storm water quality and quantity together with a drainage area map shall be submitted with the final grading and drainage plan. Developer shall implement the approved plan prior to, or concurrent with building construction. Developer shall employ the design professional who prepared the final grading plan to monitor construction for conformance to the plan ans City erosion control policy and provide a final report to the City certifying completion. B. EROSION CONTROL PLAN: Prior to issuance of a Grading Permit, Developer shall submit to the City Engineer and obtain City Engineer's approval of an Erosion Control Plan for the Property. The Erosion control plan shall include all boundary erosion control features, temporary stockpile locations and turf restoration procedures. All site grading operations shall conform to the City's Erosion Control Policy labeled Exhibit D, attached hereto and made a part hereof. Developer shall implement the approved plan prior to building construction. 5. PRETREATMENT PONDS: Prior to final plat approval on the Property, Developer shall submit to the City Engineer and receive the City Engineer's written approval of plans and design infonnation for all storm water quality facilities to be constructed on the Property. Developer shall complete implementation ofthe approved storm water quality facility plan prior to issuance of any occupancy permit for the Property. Prior to issuance of any certificate of occupancy for the Property, Developer shall provide to the City Engineer proof that the pond size has not diminished from the original design volume because of sedimentation, erosion or other causes, and that the pond has been restored to its original volume if the pond size has diminished. 6. RET AINING WALLS: Prior to issuance by City of a building permit for the Property, Developer shall submit to the Chief Building Official, and obtain the Chief Building Official's approval of detailed plans for the retaining walls indicated on the grading plan in Exhibit B, attached hereto. Said plans shall include details with respect to the height, type of materials, and method of construction to be used for said retaining walls. Upon approval by the Chief Building Official, Developer agrees to implement the approved retaining wall plan prior to occupancy pennit issuance for the Property, and in accordance with the tenns and conditions of Exhibit C, attached hereto. 7. LANDSCAPE PLAN: Prior to building pennit issuance, the Developer shall submit to the City Planner and receive the City Planner's approval of a final landscape plan for the Property. The approved landscape plan shall be consistent with the quantity, type, and size of plant materials as shown on the landscape plan as depicted on Exhibit B attached hereto. Developer shall furnish to the City Planner and receive the City Planner's approval of a landscape bond equal to 150% of the cost of said improvements as required by City code. Upon approval by the City Planner, Developer agrees to implement the approved landscape plan concurrent with building construction on the Property, and in accordance with the tenns and conditions of Exhibit C, attached hereto. 8. TREE REPLACEMENT: Developer has submitted to the City Forester and has received the City Forester's approval of a tree replacement plan for 110 caliper inches, as shown on Exhibit B, attached hereto. Said plan includes replacement trees of a 3 inch diameter minimum size for a shade tree and a seven foot minimum height for conifer trees. Developer agrees to implement the approved tree replacement plan prior to occupancy permit issuance. 9. IRRIGATION PLAN: Prior to building permit issuance, the Developer shall submit to the City Planner and receive the City Planner's approval of a plan for irrigation of the landscaped areas on the Property. Upon approval by the City Planner, Developer agrees to implement the approved irrigation plan prior to occupancy pennit issuance for the Property and in accordance with the terms and conditions of Exhibit C, attached hereto. 10. EXTERIOR MATERIALS: Developer has submitted to the City Planner, and has received the City Planner's approval of a plan for exterior building materials and colors for the Property, as shown on Exhibit B, attached hereto. If these materials and colors are changed, the Developer shall, prior to building pennit issuance, submit to the City Planner, and receive the City Planner's approval of a plan depicting the exterior materials and colors to be used for the Property. Upon approval by the City Planner, Developer agrees to construct, or implement, the approved exterior materials and colors plan concurrent with building construction on the Property and in accordance with the terms and conditions of Exhibit C, attached hereto. 11. MECHANICAL EQUIPMENT SCREENING: Developer has submitted to the City Planner, and received the City Planner's approval of a plan for screening of rooftop mechanical equipment on the Property, as shown on Exhibit B, attached hereto. Security to guarantee construction of said screening shall be included with that provided for landscaping on the Property, per City Code requirements. Developer shall implement the approved plan prior to occupancy permit issuance for 9 the Property. If, after completion of construction of said mechanical equipment screening, it is determined by the City Planner, in his sole discretion, that the constructed screening does not meet the Code requirements to screen said equipment from public streets and differing, adjacent land uses, then City Planner shall notify Developer and Developer shall take corrective action to reconstruct the mechanical equipment screening in order to meet cure the deficiencies identified by the City Planner. Developer agrees that City will not release the security provided until all such corrective measures are satisfactorily completed by Developer. 12. SIGNS: Developer agrees that for each and every sign to be located on the property, Developer shall obtain a sign permit. The application shall include complete description of the sign and a sketch showing the size, location, manner of construction, and other such information as necessary to inform the City of the kind, size, material construction, and location of any such sign, consistent with the sign plan, as shown on Exhibit B, attached hereto, and in accordance with the requirements of City code, Section 11. 70, Subdivision Sa. l3. SITE LIGHTING: Prior to building permit issuance, Developer shall submit to the City Planner and receive the City Planner's approval of a site lighting plan. All lighting shall consist of downcast shoebox fixtures. All pole mounted fixtures shall not exceed 30 feet in height. Upon approval by the City Planner, Developer shall implement the approved lighting plan prior to occupancy permit Issuance. 14. CROSS ACCESS ,MAINTENANCE AND USE AGREEMENT: Prior to issuance ofthe first building permit for the Property, the Developer shall enter into a cross access and maintenance agreement with Albin Chapel, the form of which must be approved in writing by the City Engineer. This Agreement shall address joint vehicle access and maintenance in parking areas, driveways and storm sewers. All of these facilities shall be privately owned and maintained by the Developer or Owner. Prior to the issuance of any building permit for the Property, Developer shall submit to the City Engineer proof that the cross access and maintenance agreement has been recorded in the Hennepin County Recorder's OfficelRegistrar of Titles' Office. 15. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer agrees to release, hold harmless, defend and indemnify City, its elected and appointed officials, employees and agents from and against any and all claims, demands, lawsuits, complaints, loss, costs (including attorney's fees), damages and injunctions relating to any acts, failures to act, errors, omissions of Developer or Developer's consultants, contractors, subcontractors, suppliers and agents relating to the property. Developer shall not be released from its responsibilities to release, hold harmless, defend and indemnify because of any inspection, review or approval by City. /() DATE: 03/17/98 EDEN PRAIRIE CITY COUNCIL AGENDA ITEM NO: IJl.l). SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: Engineering Division Final Plat Approval of Bearpath Townhomes 6th Addition Randy Slick Recommended Action: Staff recommends that the City Council adopt the resolution approving the final plat of Bearpath Townhomes 6th Addition subject to the following conditions: • Receipt of engineering fee in the amount of $260.00 • The requirements as set forth in the Developer's Agreement Background: The preliminary plat was approved by the City Council November 21, 1993, per Resolution No. 93-219. Rezoning of the property and execution of the Developer's Agreement was completed on December 21, 1993. RS:ssa cc: Steve Schweiters, Wooddale Builders, Inc. Jeff Lindgren, Hedlund Engineering CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF BEARPATH TOWNHOMES 6TH ADDmON WHEREAS, the plat of Bearpath Townhomes 6th Addition has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been dilly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: A. Plat approval request for Bearpath Townhomes 6th Addition is approved upon compliance with the recommendation of the City Engineer's report on this plat dated February 17, 1998. B. That the City Clerk is hereby directed to supply a certified copy of this Resolution to the owners and subdividers of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on March 17, 1998. Jean L. Harris, Mayor ATTEST: SEAL John D. Frane, Clerk ~ BEARPATH TOWNHOMES 6TH ADDITION C.R. DOC. NO. "' .. " · -· . · - . I_' tl84'~e'22'" "'.00 ~ :\0.6& .. ., , '8 Ii ~' V (,~t}T:t'''·· ,. ,: I ~ . -.: .-, '.' I' I I ~t-.. i" 3 .~~~ ~ I ..... ,UI 2 , " , . 3&81 8. \:i ~ P ~ l" .. ,&.&6 Ne • .,.'u"t \1&,00 • DENOTES IRON MONUMENT BEARINGS ARE ASSUMED ro 0 ~ ~ ry.-! Scale in Feel HEDLUND Pt.ANNINC ENCINEERINC SURVEYING )8.&1 --"' t\ :' \~ " .. ~ i j> .)3&1 "- " ) N J t<J«Jw ALL MEN BY THEse PRE$ENlS: Thai Wood1ale Budder,. J~., a Minnesota corporabon, fee owner and BUilders MOF1g8g8 Corporation, • MlnMsoIa «)(por.hon. mor1g8gee of the following described property .il;ucled n the County of Hennepin, Stalt of Minnuol •. 10 wit Oul&ol C, 8EARPATH TOWNHOMeS, Have caused the same 10 be surveyed and pla«ed .S 8E'ARPATH TOWNtlOMES 6TH ADDITION 1~9:::." whereof Mid Wooddale Builders,. Inc., • Minnesota corporation, has elused Ihase present, 10 be signed by iI. proper officer tills __ dAr ot ____ _ In witAes.s Whereot said SuUder. Mongage Corpora""n, • MlMesota corporation, has caused the.e p/esent. 10 be Signed by Its PIO~f offrcer this __ day 01 _____ '9_ WOOODAlE BUILDERS, [NC. Steven H, Sehweflers, President STATE O~ MINNESOTA COUNTY OF HENNEPIN ~~,,~os,:o:~~~~~:n~: :~:,c:;~c!~=~ m~ this __ day 01 _____ , 5 fAIl': or MI~'~ICjl\fA. COlINI'" or Hl:NN[I"N BUILoeR~ MORTGAGE CORPORA liON By: Us: ___ _ 19_ by. Sleven H. Schweden, President 01 Wooddale Buildels, Inc., a Nottlry Pvbhc, UennDrln County, MirtnesolR My C('ln\n1ls~lon t~J'lI~S JA!lII"ry 31,4'000 The foregoln9 in$lrumenl was aet<:nowledOed belor" me ttlll __ day Of _____ , 19_ by ,the 01 OUI1<J .. II' MOf1gaoo Corporation .• MI!'Inesola corporation, on behalf of said corporation. Notal)' Public, HennePIn Count»', Minnewla My Commluiof\ e.pires January 31, 2'000, I ..... ,.r-, ,,#.:1\ '''''' I ........ ,., ..... ,j _ ,t \ ........... t', ,'v ..... flo ,,,"~, .~"",. ,'" • ...., , •• ,. ,.. P\ """ 'h " '\\"JI''' '\lr::. ,t',. \.\.", '" "'l If'..c ....... ,'¥I •• , ,,' ....... 'P,'.""· ~" •. ," '"-,., .... ' ... , ''''-.M .~,\ ............. , .. ,,,.. tl\ .I'h. .... " ".",. .... " >\\11.,1, ...... ' .... " • " ... t",tt ,,. .. ·.".~" • ..,"I. "' .. ,. ~._, "'j, ..... " .......... ", I"" ,}I"'"'' ~ .h~ ... " ." .".1.,.,1 \,' ..... : ...... ellls"j. boul"d81Y lifte' .'. CO"e\1ty d"'~"'IIC'd 01'1""" r-ul . .,...t Ih411"'erill 1'0 "I)""el ""'I~ ,n ~h"n"N In \IS ~O:'l \)2. SuN",oO','" I. ('I r\,l~~ "'Ql"ow~):!I ,,·W de,,''ol'''''t.o>-! , .. , "",_I ..... STATE OF MltmeSOTA COUNTY OF HeNNEP1N Jeftre1 O. lindgren, land Surveyor MinneSO(a l«ln,. Number t076 The fOfegoit'lg 'UN.1or', cer1lfic,ate _.lKkrtt-Medged belore matms __ day 01 UI_ by Jel'lrey 0 urtdgron, land SUNC!'yor, EDEN PRAIRIE, MINNESOTA Nolary PUbliC, ~1ennep;n ColIn"., MinneSOla My Commission bpire, January 31. 2000, Thi, pial of 8EARPAJH TOV\'l~HOMES 6TH ADDmON was aNl/alted and IIccepted by 'he Clly Coundl of Eden Praine, Minnesota ., II regular mee!!ng thoteo!' held on thIS __ day at _____ ' 19_, If appfieab1o, the ~otl comments and tecommondatlOflI of the Commis,ione, 01 T,anspClr1sl,an ,,,rj 'I\e County Highway Ellg,ne-er have been rec.eivod by the dly o •• he presCIlbtd 30 day period tiM elapsed ~hout receipt of such commenlS and recoml"l'lenctittlons, ., provided by Mlflne,oIa Statutes, Section 50S 03, SuDdIVis;or. 2 C1TY COUNCilOr EDEN PRAIR1E, UINNeSOTA By: M.y,",' By· Manag., T A,XPA YER SERVICES OIVISION, HEtmEPIN COUNTY , MINNESOTA I hereby certify IhM ta.l'e, payable In tI_ and prioI yea,., have been paid In fuM for aM land da,Cllbed on tht. plat Oatl!'dthi. __ dayd ,19_ PMric:t. H O'COMor, HeN'lepn Count)' Audilor SURVEY SECTiON. HENNEPIN COUNTY, MINNESOtA By . Deputy Pursuant 10 MINN. STAT. s.e 3838.566 (1969).lh., pial has bHn approved (his __ day 01 ,19_. Gllry F. Caswell. Hcnnl'ptn Counly Surveyor COUNTY RECOROER. HENNEPIN COUNTY, M'Nf~e SOT A By· ________ _ I hereby eer1lfy Ih8! Ihe v.tIhin pI.1 01 BEARPATH TOWf'lHOMES 6TH AODITION W8$ filed far ,ac:ord I" this office 11'111 ~ __ day of • t9_ al_. o'cloc" " R O.n C.rt~. Counly Recorder By Deputy DATE: 03/17/98 EDEN PRAIRIE CITY COUNCIL AGENDA ITEM NO: 11Z E. SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: Engineering Division Final Plat Approval of Bearpath Townhomes 7th Addition Randy Slick Recommended Action: Staff recommends that the City Council adopt the resolution approving the final plat of Bearpath Townhomes 7th subject to the following conditions: • Receipt of engineering fee in the amount of $260.00 • The requirements as set forth in the Developer's Agreement Background: The preliminary plat was approved by the City Council November 21, 1993, per Resolution No. 93-219. Rezoning of the property and execution of the Developer's Agreement was completed on December 21, 1993. RS:ssa cc: Steve Schweiters, Wooddale Builders, Inc. Jeff Lindgren, Hedlund Engineering I CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF BEARPATH TOWNHOMES 7TH ADDmON WHEREAS, the plat of Bearpath Townhomes 7th Addition has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: A. Plat approval request for Bearpath Townhomes 7th Addition is approved upon compliance with the recommendation of the City Engineer's report on this plat dated February 17, 1998. B. That the City Clerk is hereby directed to supply a certified copy of this Resolution to the owners and subdividers of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on March 17, 1998. Jean L. Harris, Mayor ATTEST: SEAL John D. Frane, Clerk ~ BEARPATH TOWNHOMES C.R, DOC. NO, .. .. . . . " ,-, " >I '~ \ NaS'f6'.e'" 126.00 4.),61 (:t)'":~: ~ .. ~,,, , .. \,' -~. ~\' , " " , . ,., 3' ,~ ~ .. , , OG~ 4.~.,. Ii V t ' .. " , lilt , " lUI 2 38.&7 ~ ~ \ 43.&6 "06,.,,'48"': 125.00 • DENOTES IRON MONUIAENT 6EIoRINGS loRE IoSSUMEO ~ 0 ~ ~ r!J!--! Scole in Feel HEDLUND PLANNING ENGINEERING SURVEYING .., .. , -\ .. . ~.. .. I I 1\11 , , .3." , . , - 7TH ADDITION KNOW ALL MeN BY TtiEse PFtESENTS: ThaI WocddllM eulldefl, I"c., • M,,,n.to'. cOlporallon. f •• owner .nd euddel' Mortgage COlpol'ahon. II Minnesola corporaliotl. mo"VagM of IN! following desl;rlbed property lilualed In !he Counlyof Hennepin, SIIII8 of Min"eaol., 10 wll: 8 Ii t ,. ~ .. '. " ) N OuttDI F, BEARPATH TOWNHOMES. Have clused lhe same to be sUfVeyed and plaUed IS 6EARPATH TOWNHOMES 7TH AODITION. In witness \'Whereot /laid Wocxklale Builders, Inc., a Minnesota corperillon, flas ~usod Ihen presenls 10 be Ilgned by Its proper ofricat ttl!s __ day 01 ----~ 19_, In witness ..-hereof sald Builders Morlgage Corporation, • Ml'V\esoll corporation, tis, caused !tIese pre,enls 10 be signed by its proper otf'tcer Ihls __ d3y 0' -----'"-, WOOD DALE BUILDERS. INC, Sieve" H. $chweiters, President STATE OF MINtlESOTA COVNN OF HENNEPIN The Ior8golng Inltrllmenl ..... t acknowted91!d belore me thl$ __ day 01 _____ ' Mklnesota COfporallon, on behal' 01 said torporalioll. STATE OF MINNESOTA COUNN Of HENNEPIN ~c!t~:;~~~.~=.e: M~~~.~~~::::~~o~r:-=a~~~ ,-.,-, ,-or::r~I~:n----- BUilDERS MORJOAGE COR.PORA nON By: Its' 19_ by, Sleven H Schweilers, Presldenl of Wooddale Bulldell. loe .. a Notary Public. Hennepin r..o~nty, Minnesota My Commls~lon bpire! January 3 f. 2000 19_ by the ____ 0' BUllde,., Notary Public, tlellflepin County. Minnesota My Commiss.on Explles Januaty 31,2000 1 tlereby eertlly that I have surveyed ,lid plalte<llhe property described on Ihi' plat as BEARPATH TOWNHOMES 7TH ADDITION; thai this pial Is ill COffecl represMlabon of laid turvey; !hal an dislances ara cOI'feclly shown In leet 11'10 hundredlh. of a fool; Ihlt aU monuman\.l h .... e bean ¢(l1T.clly pllced In Ihe grollno at shown on said plat Ihat the outside bounOIlr"y nnet are tOf"fatlly designated on said pllt; and thalth,te are no wet landt as danned In MS 50~ 02, Subdivi,ion 1, or IX'blie highways 10 tm designatDd 011 uid pl., STATE OF MINNESOTA COUNTY Of HeNNEPIN Jelftey D. lindg,en, land Surveyor Mlnnesola lic(N\!Wi Number '''376 The lore90in9 SlIIVeyor'1 certllicale was acknowledged belote me Ihis __ day of 19_ by Jeff,oy 0 lindgren, land Surveyor. Nolary PubH!:, Hennepin Counly. Mlnnesola My Cosrlnll~sion EXpNe, JanuClf)' 31, 1000 EDEN PRAIRIF., MINNESOTA. , . Thi. pial of BEARPATH TOWNHOMES 7TH ADDITION was appro~ and aec.tlpled by the Clly Council of Edell Prairie, Mlnnetoh, at It 'I!gut~f moeting thereo' held on thiS __ day of , 19_. If applieabMl, Ihe wriHan cOmmenls etld recommendalions of the Comm.ssione, 01 T".,$ro"alion and the County H~hwClY Enginee, have bllen reeelvf!d by the city or the pruolbed 30 day period has elapsed without receipt 01 such comments end reoommcndn\lonl, 8' prOVided by M'Mesola Statulet, Section 505.03, Subdlvitlon 2. CITY COUNCil Of ftJEN PRAIRIE, MINNESOTA By: Mayor By' Manager lAJ(PAYER SERVICES OIVlSION. HENNEPIN COVNlY, MINNESOTA I her.by urtify lhallaxes payable In 19_ end prior year' have been paid in fuJI 10f .n land described on this plat. Caled this __ day of • '9_. • Patrick H Q'Con~, ~!nnep~ C".ounly Audilor SURVEY SeCTION, HENNEPIN COUNTY, MINNESOTA By Oeputy .. .--, ,-. PUtSuenilo MINN. STAT. Sec. 3830.565 <'969), lhi' pl'l ha. been Approved Ihis __ day 0' 19 __ . By' Gary F. Cas"" •• , HeMepin County Surveyor COUHN RECORDER, HENNEPIN COUNTY. MINNE.SOTA I hereby certi'y lila' tha wilhttl pIal of.-BEARP~TH lOWNHOMES 7TH AODIflON wllmed klr ,eCOId In this office thl, __ day 0' , 19_ al _ o'clock M, It Can Cert,on, Counly Recorder By: __ ._ .. ____________ ._._Oeputy I: DATE: 03/17/98 EDEN PRAIRIE CITY COUNCIL AGENDA ITEM NO: JJ[ F. SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: Engineering Division Final Plat Approval of Best Buy Addition Randy Slick Recommended Action: Staff recommends that the City Council adopt the resolution approving the final plat of Best Buy Addition subject to the following conditions: • • • • • • • • Receipt of engineering fee in the amount of $4,887.35 Receipt of street lighting fee in the amount of $2,499.00 The requirements as set forth in the Declaration of Covenants, Conditions and Restrictions Prior to fmal plat approval on the property, property owner shall make application for vacation of West 70th Street right-of-way lying within the property Prior to release of final plat, Developer shall provide to the City a current Title Insurance Policy insuring such a condition of title Conservation/Scenic Easement shall be recorded with plat Revision of drainage and utility easement within plat to be consistent with watermain layout Remove drainage and utility easement title over existing pond Background: This plat, located east of TH 212 and north of Nine Mile Creek consists of replatting Lot 1, Block 1, and Outlot A of Lee Data. Also, an additional 18.65 acres will be platted at this time. The entire plat will then contain approximately 47 acres which will be combined into one lot and right-of-way dedication for TH 212. Future development may include building expansion and additional parking area. The preliminary plat was approved by the City Council September 2, 1997. Second Reading of the Rezoning Ordinance and fmal approval of the Declaration of Covenants, Conditions and Restrictions was completed on March 17, 1998. RS:ssa cc: Ms. Della Kolpin, Best Buy Company, Inc. Mr. Dave Clark, Wirtanen, Clark, Larson Architects Mr. Kenneth Adolf, Schoell & Madson, Inc. ( CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF BEST BUY ADDmON WHEREAS, the plat of Best Buy Addition has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: A. Plat approval request for Best Buy Addition is approved upon compliance with the recommendation of the City Engineer's report on this plat dated March 2, 1998. B. That the City Clerk is hereby directed to supply a certified copy of this Resolution to the owners and subdividers of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on March 17, 1998. Jean L. Harris, Mayor ATTEST: SEAL John D. Frane, Clerk GJ ~ , :8 I ~ ~. '." "t;'i:. R.l.-OOC: NO. C.T~DoC.NO. BEST BUY ADDITION I(~O\lf All "'EN BY 1101ESE PR[SlNTS Tnol Bnl Bu), Coml>Q"''f, '1"1( .. (I 1,1,"",.,,,10 eOfporotion, r.e OWI'II", ('I' It.. folie.;""" (j.sc"b.d ~~oo.rty ,ituotld I" t'" Cou"ly of Henn.pin, Stal. (I' l,I'nf'flloto. to ",it: n,. Soutt\ I-Iolf of thl Soulhlo,t Quort" of the Soulh •• ,t Ouorl,r; Tl'lot oort of I~. Nortl'l ~oll 01 11'1, South'OII Quort.r of (h. South.~.' Ouoo1,. dllc,ibed o. b.giMi"g 01 Q ooi,,1 0" It •• Soulh lin, Iher,ol J" I ~ I,el Wisl of t~~ 501011""0.1 (orne' 1"""01, Ih,,,C. Wesl OIO"g laIC! Soulh Ii". H75 fe.t '0 I"'. Eost."'Y lil'l. (If U S ~'9~"'OY Nc, 189-2'~: tto." .. , N"rttI,rly olong thl!' fO'!ltll!'rty I,"II!' 01 c ... · ... Ij • .,,,,,,,,,v I IA 1 I •• " !I, •• v. ~"",I" ..... I".,V I,., .... ,..,,1 ... , "I "''',]i'''''''1 ull If, :>t',,-III)" I, IU.""'''~ I II:'. "'0"'1_ ... , U<-LU''''''''I tLI II., 1.J ... ~t!"''''elil :\IU~I:I}I "'f" "'JI Lot I, alack " ol'ld Outlot A, LEE DATA, according to 11'1. plGt thereof on fil. ol'ld 0' r.cord i" the oll.ce 01 ttl. R.qist.o' of Titl.S in and for HeMepln Cou"ly, Ui" .... solo; 109",11,,,,. ",ilto t'ln if<Ilt"",,"t for rood.oy pu'pose. o. evid.nc.d bV Dotu ...... "1 No I~U~65' That por1 of Wltl 70th Slre,t o. dedicated on Ihe recorded plot 01 UN T)f aUSINESS CAMPUS "a. to bs 'lOcated which liel ,ollerly of I~. eO.llerty ';91'11 of .oy Ii", of U.S. H.g .... oy No. 212 end Iyi"g ""I,~ly Of 0 li~ draw" "ori .... rty 01 0 ~i9M 0"91, t~ 'he "crth.rly li"e ~f the recorded plot of l(( OAT ... 'rom a poi ... ! on sO'd "orl~erly It". dnlto .. 1 16000 fe.1 • .,Ie'!y 'rom , ... norl~.ost corn.r 01 ,aid plol 01 LEE D4T". T"ot port of WUI 701n St'e" Cli de-clicoled on tt .. , recorded plol 01 LEE OATA and "011' to b, "'oc(lled .hi," U" to,lerty· ot the northerly .. I,",ion 01 the ::~!~I~ ~11,! -~~;·:!o~:e ':~1:;~;;9 o;l:tJ~iq~~iv:":,~ ~~d;~~le!,~nh!~d 'i~~otolon!i:t;?ot Irom a poi"1 on laid "c"''''.rl" lin, dillonl 16000 leel .. ",le"'Y Irom the norl"eost co ..... r of ~<'I'd "'01 II., .... rn" ...... ,to •• "".. 1(1 fl. ,1J .... ~Ir'.d ,,"rt ,..luU"d fI' Rf~' nllV AOflnlClH, "",, .11'1 t.. ... fth.,. d"",,, •. )n'l ,11.1".ul, te, 'he publ.c I,,, ~'lIljhr u." '''lfI'''''' III, hll,Jh.'IIr', fI'JI .. ,,,.,,I, 1" •• J""n"'I' m ... " utiloly ('u.,'o,"', as '''0.'' 0" Ih, ('lot In .it"." whe'",o' ,oid Best Buy C('"'I><'"'I'. '''C . 0 "'in"f',ol(l co,poroho", ~Ol cou,ed Ih"". p • .,.nl, to I:>f' "9r.d t;..~ its ('fet'I" P1.t" ... , ,'I'll ___ do ... "I _. _____ , ,q SICt.I[O· 9E'S' flUv COU~'''4'', 11ol(' ° ... ","",~I<::I (o'N''''ltio'' B' ____________ . ii, ________ _ s"tr. (,'Ir' VIHNESOU. C('lUIolf't or H(~"'rpllol Thl' I"''''l0, ... q ,n.l,u""ft,,1 .01 oc~"nwl"'dqf'd t:,,~'fO'1' "'to th"._ day of ______ ~ ___ ._ .. 19 .. __ • toy _____ .---,_. __ ' '" ____ . __ B." Bu> ··! .... ('("I ... v. I'le. (I lJ,n"'l't~tQ (r'(,MoI.,,". 0" b"~OII c>I ,oid <o'(lOl'<)IJon ij('~Cf,~H.n"'''o:nc<',i~i;I-;n"e,olo .... v '\'"'''''.1'(''' r.I', .... "I 1-'1"<11 fluy (omp(I".,., 1 .... ( I herRY Clrtl',. I~t t hove IUrvlytd ond p1ott.ct thl prop*rtjl d .. crlbed on thl. plot 01 eEST euY AODITiON; 'hal It);. plot i. (I correct r,,,t •• ,nlollon of .old IUrvey: 'hal all dl,lotlce, or, corttelly ,ho." On U •• plot In f.,t and hul'dt'edth. of 0 foot; thot all manu",."le hOYI Men co'r~tly ploud In the qround o. tho"" on tt\4> plot or wiN be plond o. r~ult.cl by Ihl local qOYlrnmtntol u"II; Qnd Ihol Ihe oul.id, boundary lin.. or, corr,ct'y dts!qnoled 0" 11'11 pial Th,ad,,", 0 Kernno I .. " ... ~", ...... " ... Ui .. " •• "t.., 11, ........ N" STAT{ Of MINNESOTA COUNTY Of HENNEPIN The lore90l"9 ,ur'nyor's ceriilicole .01 GCk"owledged belo ... me this __ doy 01 , 19 __ , by thlodar~ 0 Kimno, LOl'ld 'Surveyor. Dovld 8. Toe"l" Notary Public, He"nepin County, Ulrlntlolo lAy Commi".",,, (.pires January ,t, 2000 EDEN P~A.IRIE, IoAINNESOTA thi, p~1 01 BESt BuY "DOITION wo, opproved and' GCClpl,d by' .... City Council 01 \1'1. c,:y of [den Prolris, Mlnne.olo. ot a r.qulor m.,tlnQ th'reof, held Ihl, __ day 01 _______ , 19 __ . If OPeilicobls, I'" .. ,lit," com,...",11 and rlt(:omm."dotlon, of thl Commi.,lontr of Transportation and the County Hlqhway (ngl" .. r ho .... b,." r"elv.d by tke City or , .... orncrib.d JD dny period hal elop.t<l wilhoul receipt of .u('h comm~"Is 01'101 "'OlTlm~"do'if)n., 01 ro.o~idl'd fly I,(i""f''''''n <r.1.,hll .... , 'i~, Unn ~O'l n.', "illb011vl.lnn , cm COUNCIL Of TH[ CtTY or rO[H PR"IRI[ By , Mayo' Bv __________ , Mo"'oljer TAXPAytR S[RVICE'S OMStON, Hennepin County, Minnetoto I he'eby certily thot to .... poyable In 19_ ond prior YIO" have bl'" p!lid la, I~nd ducrib,d 0" tl'lis plot. Ooh,d ttois __ day 01 19 __ Pohle. H O'CO""O'. Hf'n"l'pl" COU"t)! Audilor '" -----,O"p.,ly SURVfY S[CTION. Henn'(l,n Counly, Mi""nottJ Pursuant 10 !.lINN STAT Sec JBJB ~6-5 (1969). this pi", ho' bt .... "PP'ov.d ''''i, _____ day col -'---~----"'---' Ig-~ Cory f. COll.I'II, H'!'"nepin r.ountV Su,v".,.or a~ ____ _ COUNN R[COA[l£R, Uft"""pi" Cou"ly, 1,11"",,,('110 I h~.by certily thol thjlo .,thin plol 01 REO:;' BUy ADDITION .0' iiiI'd '(I, '.,orO In I"i~ oUk" l~iS ... _._ (\(1y e>f ___ ' •. _.___ ,q. __ ,_., (11 , __ ._ "'rl"c. R 0<]" Corls,,", 1 "unl.,. PI""'O!!' Pv '._' ___ ._". __ • _ ... _.~ ___ ... _, {"Il'Dulv SCHOELL II MADSON, INC. ENGINEERS • SURVEYORS • PLANNERS SOIL TESTING • ENVIRONMENTAL SERVICES SHEET 1 OF' .3 SHEETS ~ Oro,noqe ond Uliljt~ (OlOm."'1 Of. ahow" Itlul' ~ 5--' ~~ O' ~ -L __ ~L-J NO SO'Ll ~:~t9..:,~~:;t .. ~n.t~~d O~:irI~~lj~n., in .;tilh Cln'" 'ldl'li"II'<:t 1"1 Ii"!!" " ...... _ ~OI, ..... '~" ,,,.OI ... hol -" II." r'''' BEST BUY ADDITION Ie\. W / ~ __ ._ r 7. ___ _~. ff,1 r-' SJ,-f.. ) "' .... , .' --., ""' .. loe" ~~ • ". ,.. ........:.,f I I b'<\:'~ L. ___ . . -:iim.~~ .~-. . . .!. .. 41._ - -J I \~ . .;~": \ ----. ----.;t-,' _I' :t '-":':"" __ ._. _ .J :;" ~,., _ . ',: • _ OF --='"'''':=xc:c ,"," -----/' I I ;.' " ..... _. ,-.'[':-" .... ,W I '--, " .. / ('.: / (' ''''"', r ... • .. '.. -,,It;~r. ~;'~'16 .::.": / .... ". ;,,: : ." I .. ': I ~,;' ..... ,', •• " .,., ,.", ,,, .... io .. ,~" ,.'''. ;, ,,, II / / ,~ •. !' , t., / I. \'~". ,,,,,,,';" "." .. '. ,,"'".''''''''' r".··" ' ~' \' "".".. :\.. ,,"" -.... : .. ': I.·~~: I I tJ,ii.,'1;jI),'· ' .(~F-::~~-i'::';:::'::'t~; \\ '" . • ' Ilf" "" I / ? .. ) / i" I ,f "" ;,': :,;o,,,;,~ \, .... / 0'" I I \"." . I, ." ' • . .!: *':" ,~( j" .,f>' ":: I I:;: / /' "I ",Il\::. _. ". • :1, ~ r \.~ I 'i!:' ." Jc ... c" .... ;;i.(t, .. " ... :".".---'~-r.:.::.::.:;;;.:'~_\ . \! / .:::::" / 0'-'>-' _." 0·0' 0 " "'''''' ,. I ::/ / \.-"-JF--"-.-:'-~~rl"'''' \~"ioo ,~q. \' / '" ,':'" ! .... I I ' I '/'" '., I I .::' ~ !~, .,' "... \; Ii. "~, :\: :~ / ... :,: / •.• ..)!;..'.;l .i:.. \ II ,q:: ""'i ~".' I ' \ i~o " .... " 8 I r. "I, )':, ... , i I.; / / ,\.s '\ "f '0:' : \ \ ~g , :...... -, -' " ." . ; ,... .. "". _\ ,I' \ ' .. \ ';:~ / " " .. ""... , • .J-l' ... " I ' / "."." ,~ .. /7 ,~,' \ .,,, "" ' ' .V," j ... J_'~' .. :. \ / I ,,~ ,: .,,0:" C ",".~%, ..•. i . ~ 0 ,I" ~ 0 I "~ i /11 (, '" ~ If' .' )' " \1 \ \ \ (.:'.1 \ i::t\\ " \ \ I •.••• \ V;l f.i.! :~:.~ e.; \ i::;::;\ ~:< \ :. \ "',"\ ,\': .. I I CO /I:t,f / ,. I ~ '"f . / I~.~' I I.E;: GALA. t'<;", " 1 \1 \1 \1 II :::!: \ ~ ~ L • _ Denol" iron monument. BeotinOI shown or. o .. umld. 100 0 100 200 .,--I Scale in Feet :--. :--. I,,, .• <.~&~ I, .:t/~ :'_'T:'~::--'~.--- lit," Hlt::I.' N87'09'32"W ~iVi L,::::: C: N F~ji)(/E SCHOELL • MADSON, INC. ENGINEERS • SURVEYORS • PLANNERS SOIL TESTING • ENVIRONMENTAL SERVICES I II " \1 I -.c _..JI RICG: \ \ t- R.T, DOC~'NO. SHEET 2 OF 3 SHEETS o z u o o ...: a:: z o -I--C C c( > ::l III I- UJ W III -- i~ ;:~ .. )" ...... ------ ~ r f···. '8 ~ ~ . ;; i~ ! --! . ~ .r l 0 :i :i :: ... c .!! 0 ~ P:~.F~r< :':;l>:~~·~·~ MJA.1.:<;.l,)I\I <;6 ~9'" III ONV 69l AVMH~IH ·s·n I'\L ,)9 ",_~,:.O".I'JN Q00-98lZ9 . ., -III ~ • U)~ ii U ffi~ ..., z ~ ... ~ -." :; ~ 5 ~ ~'; &£ ~i ~~ Z o..:;i. ..., o *% (I)." ... ... Q ct::I ~ C OZ ;; 2 ~~ .. jZ Ill'" ... • * iii ." C) o ct:~ ... >-:z: ... ." U ~~ (I) Z-' "'0 ." \ \ \ \ , CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar 3/17/98 DEPARTMENT: ITEM DESCRIPTION: Contract Approval-ITEM NO. Professional Service -MIS Consulting ])[6-POLICE BACKGROUND The existing public safety records management system is budgeted for replacement in 1998. The project includes the addition of a computer aided dispatch component and mobile computer network. The project is very complex and requires multiple interfaces and integrations to other networks and systems operated by local, state and federal agencies. The budget for this project is $600,000. RECOMMENDATION Staff recommends approval of contract for professional services with CRS ConSUlting and Engineering in the amount of $26,300.00 to assist in the design, development, procurement and implementation of this complex project. This project will have significant impact on the delivery of public safety services for the next several years. The specialized nature of public safety records and dispatching systems offers little or nothing in terms of "off the shelf" solutions. This type of project is considered high risk, with estimates of failure rates as high at 50%. Customized design is the norm. The market is typically volatile, and many vendors do not exist long enough to resolve post construction issues. It will be important to minimize such issues through good design and procurement efforts. CRS ConSUlting and Engineering is an independent firm with no ties to any manufacturers or potential proposers. Our experience has indicated that independent consultants can reduce project costs as a result of open specification writing resulting in competitive bidding. This firm is currently working for the City of Bloomington on the Bloomington/Eden Prairie mobile computer network which has given us considerable opportunity to see their approach to complex data projects. CRS Consulting recently performed similar services for the City of Denver in response to a failed system integration effort. CRS Consulting and Engineering's work in salvaging the project is well regarded by Denver officials. CONSULTING SERVICES AGREEMENT THIS AGREEMENT, made this day of ,1998, by and between the City of Eden Prairie (City) and CRS Consulting and Engineering, Inc (Consultant) to assist in the procurement of a Computer Aided Dispatch (CAD) and Record Management System (RSM) for the City's Public Safety operations. The City and Consultant agree as set forth below. ARTICLE 1 BASIC SERVICES The Consultant's Basic Services consist of the five phases described in Paragraphs 1.1 through 1.5. 1.1 SYSTEM DISCOVERY PROCESS 1.1.1 The Consultant shall review the City's existing dispatch and records operation to ascertain functional needs and/or changes or improvements to the application or process and review the understanding of such requirements with the City. 1 .1.2 The Consultant shall perform an operational assessment for the City to identify new functionality and/or information that is required at part of the CAD -RMS System and shall review the finding with the City. 1.1.3 The Consultant shall provide a high level overview of the functionality of the new system and the type of information available as determined in paragraphs 1.1.1 and 1.1.2. 1.1.4 The Consultant shall provide the City with the interfaces and systems that will be required to provide the information defined in paragraphs 1.1.1 and 1.1.2. 1.1.5 The Consultant shall prepare, for approval by the City, a written report and five (5) copies of the high level overview of the system and the required interfaces for the CAD -RMS System. 1.2 RFP PREPARATION AND EVALUATION V 1.1 1.2.1 The Consultant shall prepare the necessary bidding information, bidding forms, the Conditions of the Contract, and the form of Agreement between the City and the Vendor(s). 1.2.2 The Consultant will conduct one pre bid conference consisting of a question and answers session for the vendors and a site tour of all locations referred to in the specifications. 1.2.3 The Consultant will assist the City in answering written questions, requests for change and requests for equal, from prospective bidders during this phase. No verbal questions or requests from prospective bidders will be responded to. 03/17/98 1 of 12 Consulting Services Agreement City of Eden Prairie CAD· RMS Project 1.2.4 The Consultant will assist the City in the review, evaluation and selection of the Vendor for the CAD -RMS System based on the responses received from the various Vendor(s). 1.3 SCOPE OF WORK DEFINITION 1.3.1 The Consultant will assist the City and work with the selected Vendor to develop a Scope of Work and final contacting documents for the project per the RFP requirements. 1.3.2 The Scope of Work will include a detailed description of the Vendor's and City's responsibilities for the project, interface requirements for any existing system that need to connect to the new CAD -RMS System, a complete functional description of the CAD -RMS System and an Acceptance Test. 1.3.3 The Consultant shall provide five (5) copies of the Scope of Work. 1.4 IMPLEMENTATION AND INSTALLATION SUPERVISION V 1.1 1.4.1 The Consultant shall be a representative of the City during the installation Phase, and shall advise and consult with the City. Instructions to the Vendor(s) shall be forwarded through the Consultant. 1.4.2 The Consultant shall have authority to act on behalf of the City only to the extent provided in the Scope Of Work and in this Consulting Services Agreement unless otherwise modified by written instrument in accordance with Paragraph 1.4.10. 1 .4.3 The Consultant shall visit the work sites to become familiar with the progress and quality of the Work and to determine in general if the Work is proceeding and being performed in accordance with the Scope Of Work. The Consultant shall be required to make on-site inspections to check the quality and the quantity of the Work, and to determine if the Vendor(s) is fulfilling its obligations under the Scope Of Work. On the basis of such on-site observations as a Consultant, the Consultant shall keep the City informed of the progress and quality of the Work, and shall endeavor to guard the City against defects and deficiencies in the Work of the Vendor(s). 1.4.4 Except as provided in Paragraph 1.4.8, the Consultant shall not have control or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for the safety precautions and programs in connection with the Work, for the acts or omissions of the Vendor(s), Sub-vendors or any other persons performing any of the Work, or for the failure of any of them to carry out the Work in accordance with the Scope Of Work. 1 .4.5 The Consultant shall be the interpreter of the requirements of the Scope Of Work and the judge of the performance thereunder by both the City and Vendor. The ConSUltant shall render interpretations necessary for the proper execution or progress of the Work with reasonable promptness on written or oral request of either the City or the Vendor, and shall render written decisions, within a reasonable time, on all claims, disputes and other matters in question between the City and the 03/17/98 2 of 12 Consulting Services Agreement City of Eden Prairie CAD -RMS Project Vendor relating to the execution or progress of the Work or the interpretation of the Scope Of Work. 1.4.6 Interpretation and decisions of the Consultant shall be consistent with the intent of the reasonably inferable from the Scope Of Work, and shall be in written or graphic form. In the capacity of interpreter and judge, the Consultant shall endeavor to secure faithful performance by both the City and the Vendor, shall not show partiality to either, and shall not be liable for the result of and interpretation or decision rendered in good faith in such capacity. 1 .4.7 The Consultant's decisions in matters relating to artistic effect shall be final if consistent with the intent of the Scope Of Work. The Consultant's decisions on any other claims, disputes or other matters, including those in question between the City and the Vendor(s), shall be subject to arbitration as provided in this Agreement and in the Scope Of Work. 1.4.8 The Consultant shall prepare Change Orders for the City's approval and execution in accordance with the Scope Of Work, and shall have authority to order minor changes in the Work not involving an adjustment in the Contract Sum or an extension of the Contract Time which are not inconsistent with the intent of the Scope Of Work. 1.4.9 The Consultant shall conduct inspections to determine the Dates of Substantial Completion and final completion, shall receive and forward to the City for the City's review, written warranties and related documents required by the Scope Of Work and assembled by the Vendor(s), and shall issue a approval for final Payment. 1.4.10 The Consultant shall monitor the work of the Vendor(s) and all Sub-Vendors. On behalf of the City, the Consultant shall be responsible for enforcing the Vendor's obligations under the Scope Of Work. It shall be the Consultant's duty to require the Vendor to perform in accordance with the Scope Of Work. If any dispute or claim arises involving the Vendor and what the Scope Of Work requires, the Consultant shall render an interpretation and decision in good faith according to Paragraphs 1.4.3 and 1.4.4 of this Agreement. Once the Consultant has made a decision, it shall be the Consultant's obligations to demand the Vendor to comply with the decision. 1.4.11 The Consultant shall provide coordination of Work performed by separate Vendors or by the City's own forces. 1.4.12 The extent of the duties, responsibilities and limitations of authority of the Consultant as the City's representative during the implementation shall not be modified or extended without written consent of the City, and the Consultant. 1.5 ACCEPTANCE TESTING V 1.1 1.5.1 Prior to issuance of the approval for final Payment, the Consultant shall operate, inspect and test the CAD -RMS System and all components per the acceptance test in the Scope Of Work 03/17/98 3 of 12 Consulting Services Agreement City of Eden Prairie CAD -RMS Project 1.5.2 If the CAD -RMS System and the components do not so function, the Consultant shall specify what remedial action has to be taken and shall, consistent with the Scope Of Work, enforce the Vendor'S obligations under the Contract in order to remedy the CAD -RMS System and the components thereof. 1.5.3 Issuance by the Consultant of approval for Final for Payment, shall be deemed a representation to the City by the Consultant that upon operation, inspection and testing of the CAD -RMS System and the components thereof by the Consultant, the same was found to properly function in accordance with the uses for which they are intended, the design specifications and the installation requirements. 1.6 NON-REIMBURSABLE EXPENSES RELATED TO BASIC SERVICES 1.6.1 The required number of copies of the Scope Of Work and the five (05) copies of the written report including the system discovery, RFP and evaluation shall not be deemed a Reimbursable Expense but instead shall be provided to the City under Basic Services. ARTICLE 2 CONSULTANT'S ADDITIONAL SERVICES 2.1 ADDITIONAL SERVICES V 1.1 2.1.1 The following Services are not included in Basic Services. They shall be provided if authorized or confirmed in writing by the City as provided in this Agreement, in addition to the compensation for Basic Services. 2.1.2 Providing services relative to future facilities, systems and equipment, which is not part of this project. 2.1.3 Providing services to verify the accuracy of drawings or other information furnished by the City. 2.1.4 Providing Detailed Estimates of System Cost, or analyses of operating costs. 2.1.5 Providing interior design and other similar services required for or in connection with the selection, procurement or installation of furniture, other furnishings and related equipment. 2.1.6 Preparing to service or serving as an expert witness in connection with any arbitration proceedings or legal proceeding or public hearings. 2.1.7 Making revisions in Drawings, Specifications or other documents when such revisions are inconsistent with written approvals or instructions previously given, are required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents or are due to other causes not solely within the control of the Consultant. 03/17/98 4 of 12 Consulting Services Agreement City of Eden Prairie CAD· RMS Project 2.1.8 Preparing Drawings, Specifications and supporting data and providing other services in connection with Change Orders to the extent that the adjustment in the Basic Compensation resulting from the adjusted Project Cost is not commensurate with the services required of the Consultant, provided such Change Orders are required by causes not solely within the control of the Consultant. 2.1.9 Providing services made necessary by the default of the Vendor(s), or by major defects or deficiencies in the work of the Vendor(s), or by failure of performance of either the Owner or Vendor(s) under the Contract for the System. 2.1.10 Preparation of operation and maintenance manuals, training personnel for operation and maintenance, and consultation during operation. 2.1.11 Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted Consulting practice. 2.1.12 If the Vendor(s) of the project defaults by exceeding the time limit for completion of construction, the Consultant will, with City's prior approval; bill the City for additional travel expense, Consulting work, and such that may be required until the Vendor successfully completes the project. ARTICLE 3 SCHEDULE 3.1 The Consultant shall perform Basic and Additional Services as expeditiously as is consistent with professional skill and care and the orderly progress of the Work. Prior to execution of the Consulting Services Agreement the Consultant shall submit for the City's approval a schedule for the performance of the Consultant's services which shall be adjusted as required as the Work proceeds, and shall include allowances for periods of time required for the City's review and approval of submissions. This schedule, when approved by City shall not, except for reasonable cause, which includes acts of God, war, bankruptcy or anything else beyond either party's control, be exceeded by the Consultant. ARTICLE 4 REIMBURSABLE EXPENSES 4.1 Reimbursable expenses are in addition to Compensation for Basic and Additional Services and include actual expenditures made by the Consultant and the Consultant's employees and consultants in the interest of the CAD -RMS System for the expenses listed in the following Paragraphs: V 1.1 4.1.1 Travel and living expenses incurred when travel is required from CRS Consulting and Engineering, Inc. office located in Denver, Colorado. Expenses include but are not limited to; airfare, car rental, lodging, and meal allowance ($35 per day). CRS will 03/17/98 5 of 12 Consulting Services Agreement City of Eden Prairie CAD -RMS Project strive to minimize these costs as much as possible. Travel and living expenses may not exceed the limit specified in Article 7 section 7.1.1. 4.1.2 Expense of data processing and photographic production techniques when used in connection with Additional Services. 4.1 .3 If authorized in advance by the City, expense of overtime work requiring higher than regular rates. 4.1.4 Expense of any additional insurance coverage or limits, professional liability insurance, requested by the City in excess of that normally carried by the Consultant and the Consultant's consultants. 4.1.5 Postage. 4.1.6 Except as modified by Paragraph 1.6.1 expense of reproductions of documents, excluding reproductions for the office use of the Consultant and the Consultant's consultants. 4.1.7 Expense of renderings, models, and mock-up if requested in writing by the City. 4.1.8 Expenses for any tax imposed or collection requirement that may be placed on the Consultant by state or federal agencies such as sales or consumption taxes. ARTICLE 5 THE CITY'S RESPONSIBILITIES 5.1 The City shall designate, when necessary, a representative authorized to act in the City's behalf with respect to the CAD -RMS system project. The City or such authorized representative shall examine the documents submitted by the Consultant and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of the Consultant's services. 5.2 The City shall furnish all legal and accounting services as may be necessary at any time for the CAD -RMS system project. 5.3 The City shall furnish required information and expense and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the Consultant's services and of the Work. 5.4 If the City observes or otherwise becomes aware of any fault or defect in the Work or nonconformance with the Scope Of Work, the City thereof shall give prompt written notice to the Consultant. 5.5 The City shall provide access to sites, equipment, information and records required to successfully complete this project. V 1.1 03/17/98 6 of 12 Consulting Services Agreement City of Eden Prairie CAD -RMS Project 5.6 MEDIA CONTACT: The Consultant will not be asked or expected to serve as the public spokesperson to the media on any aspect of the project. The Consultant will refer all requests for public comment on the project to the City's designated representative. ARTICLE 6 DESIGNATION OF RESPONSIBLE PERSON 6.1 The Consultant hereby designates and agrees that Scott A. Skibness shall be the person responsible for receiving and responding to all communications and requests from the City. Consultant shall at all times employ, retain and name Scott A. Skibness to be in charge of the Consulting work required hereunder and for the performance of all of the Consultant's obligations hereunder. ARTICLE 7 BASIS OF COMPENSATION 7.1 BASIC COMPENSATION 7.1.1 The City shall pay the Consultant a fixed fee of twenty six thousand three hundred dollars ($26,300) per the payment schedule in Article 8 section 8.1.1. e $26,300.00 includes all work performed by the Consultant for services described in Article 1, including expenses for sub-vendor, sub-consultants, secretarial and photocopying related to basic services. Any travel and living expenses per Article 4 section 4.1.1 will be billed in addition to the fixed fee. Total travel and living expenses shall not exceed twenty five percent (25%) of the fixed fee. 7.2 ADDITIONAL SERVICES V 1.1 7.2.1 For Additional Services as defined in Article 2, compensation shall be made on the following hourly rates, without any hourly rate multiplier: Principal Consultant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $ 85.00 per hour Consultant Other .................................... $ 65.00 per hour Clerical ............................................ $ 22.50 per hour Other personnel (list by job description and hourly rate.) . . . . . .. $ TBD per hour 7.2.2 Time records shall be kept and compensations computed in quarters of hours. 03/17/98 7 of 12 Consulting Services Agreement City of Eden Prairie CAD· RMS Project 7.3 REIMBURSABLE EXPENSES 7.3.1 Compensation for Reimbursable Expenses as defined in Article 4 shall be the same as the amounts expended by the Consultant's, the Consultant's employees and consultants in the interest of the CAD -RMS system project. There shall be no mark-up or multiplier. ARTICLE 8 PAYMENTS TO THE CONSULTANT 8.1 PAYMENTS ON ACCOUNT OF BASIC SERVICES 8.1.1 Payments for Basic Services shall be made at the completion of each Basic Services Phase and shall be in proportion to services performed within each Phase of services so that Basic Compensation for each Phase shall equal the following percentages of the total Basic Compensation payable: PROJECT PHASE PERCENT System Discovery 11% RFP Preparation & Evaluation 34% Scope Of Work 16% Implementation & Installation 29% Acceptance Testing 10% 8.2 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES 8.2.1 Payments on account of the Consultant's Additional Services as defined in Article 2 shall be made at the completion of each Basic Services Phase within which the Additional Services, if any, were rendered and upon presentation of the Consultant's statement of services rendered. 8.3 PAYMENTS ON ACCOUNT OF REIMBURSABLE EXPENSES V 1.1 8.3.1 Payments on account of the Consultant's Reimbursable Expense as defined in Article 4 shall be made at the completion of each Basic Service Phase within which the expenses were incurred and upon presentation of the Consultant's statement of expenses. " 03/17/98 8 of 12 Consulting Services Agreement City of Eden Prairie CAD -RMS Project ARTICLE 9 CONSULTANT'S ACCOUNTING RECORDS 9.1 Time records, books, other records and documents of the Consultant relevant to this agreement shall be kept by the Consultant on the basis of generally accepted accounting principles; all records shall be available to the City or the City's authorized representative, and either the Legislative Auditor or the State Auditor at mutually convenient times. ARTICLE 10 OWNERSHIP AND USE OF DOCUMENTS 10.1 Plans, drawings, reports and specifications as instruments of service shall be the property of the City whether the CAD -RMS system project for which they are made is executed or not. The City shall also be permitted to retain copies, including reproducible copies, of Drawings and Specifications for information and reference in connection with the City's use of the CAD - RMS system project and related communications components or facilities. The City shall have the right to use the plans, drawings, specifications and reports for use in other projects for use by the City or for additions to this CAD -RMS System. The City may provide copies to project maintaining agencies. 10.2 Submission or distribution to meet official regulatory requirements or for other purposes in connection with the CAD -RMS system project is not to be construed as publication in derogation of the Consultant's rights. ARTICLE 11 ARBITRATION 11.1 The City and Consultant agree to submit all claims, disputes and other matters in question between the parties arising out of or relating to the agreement to mediation. The parties hereto shall decide whether mediation shall be binding or non-binding. If the parties cannot reach agreement, mediation shall be non-binding. In the event mediation is unsuccessful, either party may exercise its legal or equitable remedies and may commence such action prior to the expiration of the applicable statute of limitations. ARTICLE 12 TERMINATION OF AGREEMENT 12.1 The Consultant upon seven days' written notice may terminate this Agreement should the City fail substantially to perform in accordance with its terms through no fault of the Consultant. 12.2 The City upon at least seven days' written notice to the Consultant may terminate this Agreement. V 1.1 03/17/98 9 of 12 Consulting Services Agreement City of Eden Prairie CAD -RMS Project 12.3 In the event of termination not the fault of the Consultant, the Consultant shall be compensated for all services performed to termination date, together with Reimbursable Expenses then due. ARTICLE 13 SUCCESSORS AND ASSIGNS 13.1 The City and the Consultant, respectively, bind themselves their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. ARTICLE 14 EXTENT OF AGREEMENT 14.1 This Agreement represents the entire integrated agreement between the City and the Consultant and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both the City and the Consultant. ARTICLE 15 MISCELLANEOUS PROVISIONS 15.1 Unless otherwise specified, the laws of the State of Minnesota shall govern this Agreement. 15.2 The Consultant shall not be liable for damages resulting from delay in delivery or performance of any of its obligations herewith, provided that such delay arises out of cause beyond the Consultant's reasonable control and without its fault or negligence, including but not limited to acts of God or Government, fires, floods, accidents or other casualties, quarantine, strikes, or default of a subcontractor if such default arises out of control of either the Consultant or subcontractor, without the fault or negligence of either of them. In the event of such delay, performance or delivery shall be extended for a time period as may be reasonably necessary to compensate for such delay. 15.3 The Consultant shall defend, indemnify and hold harmless the City, its officials, employees and agents, from any and all claims, causes of actions, lawsuits, damages, losses, or expenses, including attorney fees, arising out of or resulting from the Consultant's (including it officials, agents or employees) performance of the duties required under this Agreement, provided that such claim, damages, loss or expense is attributable to bodily injury, sickness, diseases or death or to injury to or destruction of property including the loss of use resulting therefrom and is caused in whole or in part by any negligent act or omission or willful misconduct of the Consultant. V 1.1 03/17/98 10 of 12 Consulting Services Agreement City of Eden Prairie CAD -RMS Project 15.4 The City shall defend, indemnify and hold harmless the Consultant, its officials, employees and agents, from any and all claims, causes of actions, lawsuits, damages, losses, or expenses, including attorney fees, arising out of or resulting from the City's (including it officials, agents or employees) performance of the duties required under this Agreement, provided that such claim, damages, loss or expense is attributable to bodily injury, sickness, diseases or death or to injury to or destruction of property including the loss of use resulting therefrom and is caused in whole or in part by any negligent act or omission or willful misconduct of the City. The City's liability hereunder shall be limited by Minnesota State Statute 466.04. 15.5 The Consultant agrees to maintain comprehensive general liability insurance in the amount of $1 ,000,000 during the term of this agreement. 15.6 The Consultant agrees to maintain errors and omission insurance in the amount of $1,000,000 during the term of this agreement. 15.7 Consultant represents and warrants that it has, and will maintain during the performance of this agreement, worker'S compensation insurance coverage required pursuant to M.S. 176.181, Subd. 2, and that the certificate of insurance or the written order of the Commissioner of Commerce permitting self insurance of worker's compensation coverage provided to the City prior to execution of this agreement is current and in force and effect. 15.8 It is agreed that nothing herein contained is intended or should be construed in any manner as creating or establishing the relationship of copartners between the parties hereto or as constituting the Consultant's staff as the agents, representatives or employees of the City for any purpose and in any manner whatsoever. The Consultant and its staff are to be and shall remain an independent Vendor with respect to all services performed under this agreement. The Consultant represents that it has, or will secure at its own expense, all personal required in performing services under this agreement. Any and all personal of the Consultant or other persons, while engaged in the performance of any work or services required by the Consultant under this Agreement shall have no contractual relationship with the City and shall not be considered employees of the City, and any an all claims that might arise under the Worker's Compensation Act of the State of Minnesota on behalf of said personnel or other persons while so engaged, and any and all claims whatsoever on behalf of any such person pr personnel arising out of employment or alleged employment including, without limitation, claims of discrimination against the Consultant, it officers, agents, Vendors, or employees shall in no way be the responsibility of the City; its officers, agent, and employees harmless from any and all such claims regardless of any determination of any pertinent tribunal, agency, board, commission or court. Such personnel or other persons shall not require nor be entitled to compensation, rights, or benefits of any kind whatsoever from the City, including, without limitation, tenure rights, medical and hospital car, sick and vacation leave, Worker's Compensation, Unemployment Compensation, disability, severance pay and PERA. 15.9 The Consultant shall pay to any subcontractor within ten (ten) days of the Consultant's receipt of payment from the City for undisputed services provided by the subcontractor. The Consultant shall pay interest of one and one-half percent (1 112%) per month or any part of V 1.1 03/17/98 11 of 12 Consulting Services Agreement City of Eden Prairie CAD -RMS Project a month to a subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100.00 or more is $10.00. For an unpaid balance of less than $100.00 the Consultant shall pay the actual amount due to the subcontractor. 15.10 The Consultant shall at all times abide by Minnesota Statute 13.01 et seq., the Minnesota Government Data Practices Act, to the extent the same is applicable to data and documents in the possession of the Consultant. ARTICLE 16 NON-CONFLICT WARRANTY 16.1 The Consultant warrants that from the date hereof through the term of the Agreement, that neither is it employed by nor has it solicited from any potential source of software, hardware or CAD -RMS equipment a commission percentage, brokerage or contingent fee with respect to the subject matter of this Agreement. IN WITNESS WHEREOF, the City and Consultant have entered into this Agreement the day and year first written above. City of EDEN PRAIRIE By ______________________ _ City Manager By ______________________ _ Mayor CRS Consulting & Engineering, Inc. By ______________________ _ Its ______________ _ V 1.1 03/17/98 12 of 12 DEPARTMENT: Finance Background: CITY COUNCIL AGENDA SECTION: Consent Calendar ITEM DESCRIPTION: Resolution giving rmal approval of Multifamily Housing Refunding Bonds for Lake Place Apartments $4,510,000 (Baypoint Manor m These bonds were originally issued in 1985 in the amount of $6,850,000. The documents have been reviewed by the City attorney. Action/Direction: Approve Resolution Page 1 DATE: March 17, 1998 ITEM NO. IV. \1 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. RESOLUTION OF THE CITY OF EDEN PRAIRIE, MINNESOTA GIVING APPROVAL TO A PROJECT ON BEHALF OF LAKE PLACE APARTMENTS L.L.P. AND ITS FINANCING UNDER THE MINNESOTA HOUSING ACT; AND AUTHORIZING THE ISSUANCE OF ITS MULTIFAMILY HOUSING REVENUE REFUNDING BONDS (LAKE PLACE APARTMENTS PROJECT), SERIES 1998 IN THE AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $4,510,000; PRESCRIBING THE FORM OF AND AUTHORIZING THE EXECUTION OF AN INDENTURE OF TRUST, A LOAN AGREEMENT AND CERTAIN RELATED DOCUMENTS; AUTHORIZING THE EXECUTION AND SALE OF THE BONDS AND DIRECTING DELIVERY THEREOF; APPROVING A FINAL FORM OF PRIVATE PLACEMENT MEMORANDUM; AND PROVIDING FOR THE SECURITY, RIGHTS, AND REMEDIES OF THE OWNERS OF SAID REVENUE BONDS. WHEREAS, the City of Eden Prairie, Minnesota (the "Issuer") is a municipal corporation city duly organized and existing under its charter and the Constitution and laws of the State of Minnesota; and WHEREAS, pursuant to the Constitution and laws of the State of Minnesota, particularly, Minnesota Statutes, Chapter 462C, as amended (the "Act"), the Issuer is authorized to carry out the public purposes described therein and contemplated thereby by issuing its revenue bonds to defray, in whole or in part, the development costs of a multifamily rental housing development, or to refund any such revenue bonds, and by entering into any agreements made in connection therewith and pledging them as security for the payment of the principal of and interest on any such revenue bonds; and WHEREAS, the Issuer has previously adopted a financing program (the "Program") relating to the Lake Place Apartments Project (previously known as Bay Point Manor Phase II Project), a multifamily rental housing project located in the City (the "Project"), pursuant to and in conformity with the Act; and WHEREAS, pursuant to the Program, the Issuer issued its Multifamily Housing Development Revenue Bonds (Bay Point Manor Phase II Limited Partnership Project) originally issued on December 31, 1985 (the "Prior Bonds") in the aggregate principal amount of $6,850,000, pursuant to an Indenture of Trust dated as of December 1, 1985, between the Issuer and First Trust Company, Inc. (the "Original Trustee"), as amended by a First Supplemental Indenture of Trust dated as of May 17, 1988, between the Issuer and River Forest State Bank and Trust Company, now known as Corus Bank, N.A. (the "Prior Trustee"), as successor trustee to the Original Trustee (collectively, the "Prior Indenture"), for the purpose of financing the acquisition and construction of the Project; and WHEREAS, the Issuer loaned the proceeds of the Prior Bonds to Bay Point Manor Phase II Limited Partnership, a Minnesota limited partnership (the "Original Company"), as the original owner of the Project, pursuant to a Loan Agreement dated as of December 1, 1985 (the "Prior Loan Agreement"), to finance the acquisition and construction of the Project; and WHEREAS, Lake Place Apartments L.L.P., a Minnesota limited liability partnership (the "Borrower"), has succeeded to the interests of and the obligations of the Original Company with respect to the Project and the Prior Bonds; and WHEREAS, the Borrower proposes and requests that the Issuer refinance the Project by issuance of its Multifamily Housing Revenue Refunding Bonds (Lake Place Apartments Project) Series 1998 in an aggregate principal amount not to exceed $4,510,000 (the "Bonds"), under the Act; WHEREAS, the Issuer is authorized by the Act to enter into a revenue agreement with any person in such manner that payments required thereby to be made by the contracting party shall be fixed, and revised from time to time as necessary, so as to produce income and revenue sufficient to provide for the prompt payment of principal of and interest on all bonds issued under the Act when due, and the revenue agreement shall also provide that the contracting party shall be required to pay all expenses of the operation and maintenance of the project including, but without limitation, adequate insurance thereon and insurance against all liability for injury to persons or property arising from the operation thereof, and all taxes and special assessments levied upon or with respect to the project and payable during the term of the revenue agreement; and WHEREAS, pursuant to the Act and the Indenture of Trust (the "Indenture") dated as of April 1, 1998 between the Issuer and U.S. Bank Trust National Association (the "Trustee"), the Issuer proposes to authorize, issue and sell its Multifamily Housing Revenue Refunding Bonds (Lake Place Apartments Project), Series 1998 (the "Bonds") in an aggregate principal amount not to exceed $4,510,000, payable solely from the amounts pledged therefor under the Indenture; and WHEREAS, pursuant to a Loan Agreement ("Loan Agreement"), dated as of April 1, 1998, between the Issuer and the Borrower, the Issuer proposes to loan the proceeds of the Bonds to the Borrower, which the Borrower will agree to repay in installments in amounts and at times sufficient to pay the principal of, premium, if any, and interest on the Bonds when due, and which proceeds the Borrower will agree to use to pay a portion of the costs of the Project; and WHEREAS, concurrently with, as a condition to, and as further security for, the issuance of the Bonds, and pursuant to a Letter of Credit and Reimbursement Agreement, dated as of April 1, 1998, between U.S. Bank National Association (the "Bank") and the Borrower, the Bank will issue an irrevocable direct-pay Letter of Credit (the "Letter of Credit") to the Trustee; and WHEREAS, pursuant to the Indenture, the Trustee is entitled to draw on the Letter of Credit to pay principal and interest on the Bonds in accordance with the provisions of the Indenture, which provisions include, but are not limited to, draws on the Letter of Credit in the event the Bonds are 2 not remarketed, when applicable, according to the provisions of a Remarketing Agreement (the "Remarketing Agreement") among the Issuer, the Trustee, the Borrower and U.S. Bancorp Investments, Inc. ~ and WHEREAS, neither the Issuer nor the State of Minnesota nor any political subdivision thereof (other than the Issuer and then only to the extent of the trust estate pledged in the Indenture) shall be liable on the Bonds, and the Bonds shall not be a debt of the Issuer or the State of Minnesota or any political subdivision thereof (other than the Issuer and then only to the extent of the trust estate pledged in the Indenture), and in any event shall not give rise to a charge against the credit or taxing power of the Issuer, Hennepin County (the "County"), the State of Minnesota, or any political subdivision thereof; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA AS FOLLOWS: Section 1. On the basis of the information given the Issuer to date, it appears that it would be desirable for the Issuer to issue its revenue bonds under the provisions of the Act to refinance the Project in the maximum aggregate face amount of $4,510,000. It is hereby determined to proceed with the refinancing of the Project and this Council hereby declares its present intent to have the Issuer issue the Bonds to refinance the Project. The Bonds shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the Issuer, except the revenues specifically pledged to the payment thereof, and each Bond, when, as and if issued, shall recite in substance that the Bond, including interest thereon, is payable solely from the revenues and property specifically pledged to the payment thereof, and shall not constitute a debt of the Issuer within the meaning of any constitutional or -statutory limitation. Section 2. The Issuer will enter into a loan agreement or similar agreement satisfying the requirements of the Act (the "Loan Agreement") with the Borrower. The loan payments or other amounts payable by the Borrower to the Issuer under the Loan Agreement shall be sufficient to pay the principal of, and interest and redemption premium, if any, on the Bonds as and when the same shall become due and payable. The Borrower has agreed and it is hereby determined that any and all direct and indirect costs incurred by the Issuer in connection with the Project will be paid by the Borrower upon request. Section 3. The Issuer finds, determines, and declares that the purpose of the Bonds is to provide refinancing for the Project, the proceeds of which will be loaned to the Borrower to pay and redeem the Prior Bonds, meeting the general purposes contemplated and described in the Act. Section 4. The Issuer further finds that the Bonds are payable solely from the trust estate including the Issuer's interest in the Loan Agreement and amounts drawn under the Letter of Credit issued by U. S. Bank National Association or any provider of a substitute letter of credit. 3 Section 5. The Issuer further finds, determines, and declares that it is in the best interests of the Issuer to (1) provide for the issuance of the Bonds, the disbursement of the proceeds and the security therefor pursuant to the terms of the Indenture; and (2) loan the proceeds of the Bonds to the Borrower in accordance with the provisions of the Loan Agreement. Section 6. The Issuer further finds, determines and declares that, to the best of its knowledge, no member of the governing body or other officer or employee of the Issuer is directly or indirectly interested in the Loan Agreement, the Remarketing Agreement or'the Placement Agreement (as defined below), the issuance and sale of the Bonds, the Project or any contract, agreement or job contemplated to be undertaken thereunder or with respect thereto. Section 7. The issuance of the Bonds for the purpose of financing the Project is hereby authorized. The Bonds shall bear interest initially at a rate not in excess of six and one-half percent (6.5%) per annum, subject to final determination and subsequent adjustments as set forth in the Indenture, shall be in such denomination and form, be numbered and dated, shall mature and be subject to redemption prior to maturity, and shall have such other details and provisions as are prescribed by the Indenture. Section 8. The Bonds shall be special limited obligations of the Issuer payable solely from and secured by a pledge of the trust estate under the Indenture, including the Issuer's interest in the Loan Agreement and amounts drawn under the Letter of Credit, in the manner provided in the Indenture. The Bonds do not constitute an indebtedness, liability, general or moral obligation (except to the extent of the trust estate pledged under the Indenture) or a pledge of the faith and credit or any taxing power of the Issuer, the County, the State of Minnesota, or any political subdivision thereof The Issuer hereby authorizes and directs the Mayor and the City Manager to execute the Indenture, and to deliver to said Trustee the Indenture, and hereby authorizes and directs the execution and delivery of the Bonds in accordance with the Indenture, and hereby provides that the Indenture shall provide the terms and conditions, covenants, rights, obligations, duties, and agreements of the bondholders, the Issuer and the Trustee as set forth therein. All of the provisions of the Indenture, when executed as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof The Indenture shall. be substantially in the form on file with the Issuer on the date hereof, and is hereby approved with such necessary and appropriate variations, omissions, and insertions as are not materially inconsistent with such form and as the Mayor, in the Mayor's discretion with advice of special counsel to the Issuer, shall determine; provided that the execution thereof by the Mayor shall be conclusive evidence of such determination. Section 9. The Mayor and the City Manager are hereby designated as the representatives of the Issuer with respect to the issuance of the Bonds and the transactions related thereto and the Mayor is hereby authorized and directed to accept, execute and deliver the Placement Agent Agreement (the "Placement Agreement") among the Issuer, the Borrower and U.S. Bancorp Investments, Inc. All of the provisions of the Placement Agreement, when executed and delivered 4 as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof The Placement Agreement shall be substantially in the form on file with the Issuer on the date hereof, and is hereby approved with such necessary and appropriate variations, omissions, and insertions as are not materially inconsistent with such form as the Mayor, in the Mayor's discretion with advice of special counsel to the Issuer, shall determine; provided that the execution thereof by the Mayor shall be conclusive evidence of such determination. Section 10. The Mayor and the City Manager are hereby authorized and directed to execute and deliver the Loan Agreement with the Company, and when executed and delivered as authorized herein, the Loan Agreement shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof The Loan Agreement shall be substantially in the form on file with the Issuer on the date hereof, which is hereby approved, with such necessary variations, omissions, and insertions as are not materially inconsistent with such form and as the Mayor, in the Mayor's discretion with advice of special counsel to the Issuer, shall determine; provided that the execution thereof by the Mayor shall be conclusive evidence of such determination. Section 11. The Mayor is hereby authorized and directed to execute and deliver the Remarketing Agreement, and when executed and delivered as authorized herein, such agreement shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof The Remarketing Agreement shall be substantially in the form on file with the Issuer on the date hereof, which is hereby approved, with such necessary variations, omissions, and insertions as are not materially inconsistent with such form and as the Mayor, in the Mayor's discretion with advice of special counsel to the Issuer, shall determine; provided that the execution thereof by the Mayor shall be conclusive evidence of such determination. Section 12. All covenants, stipulations, obligations, representations, and agreements of the Issuer contained in this resolution or contained in the Indenture or other documents referred to above shall be deemed to be the covenants, stipulations, obligations, representations, and agreements of the Issuer to the full extent authorized or permitted by law, and all such covenants, stipulations, obligations, representations, and agreements shall be binding upon the Issuer. Except as otherwise provided in this resolution, all rights, powers, and privileges conferred, and duties and liabilities imposed, upon the Issuer by the provisions of this resolution or of the Indenture or other documents referred to above shall be exercised or performed by the Issuer, or by such officers, board, body, or agency as may be required or authorized by law to exercise such powers and to perform such duties. No covenant, stipulation, obligation, representation, or agreement herein contained or contained in the Indenture or other documents referred to above shall be deemed to be a covenant, stipulation, obligation, representation, or agreement of any officer, agent, or employee of the Issuer in that person's individual capacity, and neither the members of the City Council of the Issuer nor any officer or employee executing the Bonds shall be liable personally on the Bonds or be subject to any personal liability or accountability by reason of the issuance thereof No provision, covenant or agreement contained in the Indenture, the Loan Agreement, the 5 Placement Agreement, the Remarketing Agreement, the Bonds or in any other document relating to the Bonds, and no obligation therein or herein imposed upon the Issuer or the breach thereof, shall constitute or give rise to a general obligation of the Issuer or any charge upon its general credit or taxing powers. In making the agreements, provisions, covenants and representations set forth in the Indenture, the Loan Agreement, the Placement Agreement, the Remarketing Agreement, the Bonds or in any other document relating to the bonds, the Issuer has not obligated itself to payor remit any funds or revenues other than the trust estate described in the Indenture. Section 13. Except as herein otherwise expressly provided, nothing in this resolution or in the Indenture, expressed or implied, is intended or shall be construed to confer upon any person, other than the Issuer, the owners of the Bonds, and the Trustee, as fiduciary for owners of the Bonds, to the extent expressly provided in the Indenture, any right, remedy, or claim, legal or equitable, under and by reason of this resolution or any provision hereof or of the Indenture or any provision thereof; this resolution, the Indenture and all of their provisions being intended to be and being for the sole and exclusive benefit of the Issuer, the owners of the Bonds, and the Trustee as fiduciary for owners of the Bonds issued under the provisions of this resolution and the Indenture, and the Borrower to the extent expressly provided in the Indenture. Section 14. In case anyone or more of the provisions of this resolution or of the Indenture or of the Bonds issued hereunder shall for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any other provision of this resolution or of the Indenture or of the Bonds, but this resolution, the Indenture, and the Bonds shall be construed as if such illegal or invalid provision had not been contained therein. The terms and conditions set forth in the Indenture, the pledge of revenues derived from the Loan Agreement referred to in the Indenture, the pledge of the amounts drawn under the Letter of Credit referred to in the Indenture, the creation of the funds provided for in the Indenture, the provisions relating to the application of the proceeds derived from the sale of the Bonds pursuant to and under the Indenture, and the application of said revenues, collateral, and other moneys are all commitments, obligations, and agreements on the part of the Issuer contained in the Indenture, and the invalidity of the Indenture shall not affect the commitments, obligations, and agreements on the part of the Issuer to create such funds and to apply said revenues, other moneys, and proceeds of the Bonds for the purposes, in the manner, and according to the terms and conditions fixed in the Indenture, it being the intention hereof that such commitments on the part of the Issuer are as binding as if contained in this resolution separate and apart from the Indenture. Section 15. All acts, conditions, and things required by the laws of the State of Minnesota, relating to the adoption of this resolution, to the issuance of the Bonds, and to the execution of the Indenture and the other documents referred to above to happen, exist, and be performed precedent to and in the enactment of this resolution, and precedent to the issuance of the Bonds, and precedent to the execution of the Indenture and the other documents referred to above have happened, exist, and have been performed as so required by law. Section 16. The members of the City Council of the Issuer, officers of the Issuer, and attorneys and other agents or employees of the Issuer are hereby authorized to do all acts and things required by them by or in connection with this resolution and the Indenture and the other documents referred to above for the full, punctual, and complete performance of all the terms, covenants, and 6 '7 agreements contained in the Bonds, the Indenture and the other documents referred to above, and this resolution. Section 17. The Issuer hereby consents to the distribution of the Private Placement Memorandum in connection with the sale of the Bonds, in substantially the form on file with the Issuer as of the date hereof, and ratifies the distribution thereof by the Placement Agent; provided that the Mayor may approve such variations, omissions, and insertions as are not materially inconsistent with the form approved by this City Council on the date hereof and with such changes as shall be necessary, in the opinion of legal counsel, to comply with applicable securities laws. The Private Placement Memorandum is the sole material authorized by the Issuer for use in connection with the offer and sale of the Bonds, except that copies of the documents referenced above may be provided upon request. Section 18. The Mayor and the City Manager are authorized and directed to execute and deliver any and all certificates, agreements or other documents which are required by the Indenture, the Loan Agreement, the Placement Agreement, the Remarketing Agreement, or any other certificates or documents which are deemed necessary by bond counsel to evidence the validity or enforceability of the Bonds, the Indenture or the other documents referred to in this resolution, or to evidence compliance with Section 148 of the Internal Revenue Code of 1986, as amended~ and to take such other administrative action as is permitted or required by the Indenture, the Loan Agreement, the Placement Agreement, the Remarketing Agreement. All such agreements or representations when made shall be deemed to be agreements or representations, as the case may be, of the Issuer. Section 19. If for any reason the Mayor is unable to execute and deliver those documents referred to in this resolution, any other member of the City Council of the Issuer may execute and deliver such documents with the same force and effect as if such documents were executed by the Mayor. Iffor any reason the City Manager is unable to execute and deliver the documents referred to in this resolution, such documents may be executed and delivered by any member of the City Council or the Assistant City Manager with the same force and effect as if such documents were executed and delivered by the City Manager. Section 20. This resolution shall be in full force and effect from and after its passage. ADOPTED by the Eden Prairie City Council this 17th day of March, 1998. Jean L. Harris, Mayor Attest: John D. Frane, City Clerk 7 DATE: 03/17/98 EDEN PRAIRIE CITY COUNCIL AGENDA ITEM NO: 11E r SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: I.C. 95-5384 Engineering Division Approve Traffic Control Signal Agreement with MnDOT for Traffic Signals Rodney W. Rue at Valley View Road and TH 169 Ramp Intersection ~======================= Recommended Action: Approve resolution approving Traffic Control Signal Agreement No. 74805 for traffic signals at the Valley View Road and TH 169 ramp intersections. Overview: This agreement is associated with a MnDOT and City of Edina project to install traffic signals at the Valley View Road and TH 169 ramp intersections. Primary Issues: The City of Eden Prairie is involved with this project because of our desire to have our existing Valley View Road and Washington Avenue traffic signal coordinated with these new signals at the Valley View Road and TH 169 ramp intersections. MnDOT and the City of Edina propose to upgrade and interconnect the existing signal with these new ramp signals at no cost to the City of Eden Prairie. Fmancial Issues: This agreement identifies the financial and maintenance responsibilities for all three signal systems (two new ramp signals and the existing signal at Valley View Road and Washington Avenue). MnDOT and the City of Edina are proposing to pay our share of the existing signal upgrade and the interconnect costs. Therefore, there is no direct cost associated with this agreement. We hereby recommend approval of Traffic Control Signal Agreement No. 74805 with MnDOT and the City of Edina to upgrade and interconnect out existing signal at Valley View Road and Washington Avenue. A copy of the agreement is available in the Engineering Division. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. APPROVE TRAFFIC CONTROL SIGNAL AGREEMENT FOR SIGNALS AT THE VALLEY VIEW ROAD AND TH 169 RAMP INTERSECTIONS AND AT THE INTERSECTION OF VALLEY VIEW ROAD AND WASHINGTON A VENUE INTERSECTION I.C. 95-5384 WHEREAS, the Minnesota Department of Transportation and the City of Edina have prepared construction plans for signal improvements at the Valley View Road and TH 169 ramp intersections and at the Valley View Road and Washington Avenue intersection adjacent to the corporate limits of the City of Eden Prairie; and WHEREAS, a traffic control signal agreement between the Minnesota Department of Transportation, the City of Edina, and the City of Eden Prairie has been prepared which identifies the maintenance and financial obligations for the signal improvements. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council that Traffic Control Signal Agreement No. 74805 for S.P. 2772-06 (City Project No. 95-5384) is hereby approved, and the Mayor and City Manager are hereby authorized to execute said agreement on behalf of the City of Eden Prairie. ADOPTED by the Eden Prairie City Council on March 17, 1998. Jean L. Harris, Mayor ATTEST: SEAL John D. Frane, City Clerk DATE: 03117/98 EDEN PRAIRIE CITY COUNCIL AGENDA ITEM NO: rrr 5 SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: I.C. 95-5384 Engineering Division Rodney W. Rue Approve Traffic Control Signal Maintenance Agreement with MnDOT for Maintenance of the Traffic Signals at Valley View Road and Washington Avenue Recommended Action: Approve resolution approving Traffic Control Signal Maintenance Agreement No. 77176-R for maintenance responsibilities for the existing traffic signal at the Valley View Road and Washington Avenue intersection. Overview: This agreement is associated with a MnDOT and City of Edina project to install traffic signals at the Valley View Road and TH 169 ramp intersections. Primary Issues: The City of Eden Prairie is involved with this project because of our desire to have our existing Valley View Road and Washington Avenue traffic signal coordinated with these new signals at the Valley View Road and TH 169 ramp intersections. MnDOT and the City of Edina propose to upgrade and interconnect the existing signal with these new ramp signals at no cost to the City of Eden Prairie. However, with this upgrade and interconnect improvements, MnDOT will be controlling the signal timing at the existing signal at Valley View Road and Washington Avenue. They also will be responsible for all major maintenance at this signal on a reimbursable basis. Fmanciallssues: This agreement defines the operation and maintenance responsibilities for the existing traffic signal at Valley View Road and Washington Avenue intersection and describes how the City would reimburse MnDOT for major maintenance costs on an "as needed" basis. We hereby recommend approval of Traffic Control Signal Maintenance Agreement No. 77176-R for operation and maintenance responsibilities associated with the existing traffic signal at Valley View Road and Washington Avenue intersection. A copy of the agreement is available in the Engineering Division. / CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. APPROVE TRAFFIC CONTROL SIGNAL MAINTENANCE AGREEMENT FOR SIGNALS AT THE VALLEY VIEW ROAD AND WASHINGTON AVENUE INTERSECTION I.C. 95-5384 WHEREAS, the Minnesota Department of Transportation and the City of Edina have prepared construction plans for signal improvements at the Valley View Road and TH 169 ramp intersections and at the Valley View Road and Washington Avenue intersection adjacent to the corporate limits of the City of Eden Prairie; and WHEREAS, a traffic control signal maintenance agreement between the Minnesota Department of Transportation and the City of Eden Prairie has been prepared which identifies the operation and maintenance obligations for the City-owned traffic signal at the Valley View Road and Washington Avenue intersection. NOW, THEREFORE, BE IT RESOL YED by the Eden Prairie City Council that Traffic Control Signal Agreement No. 77176-R for S.P. 2772-06 (City Project No. 95-5384) which provides for operation and maintenance of the traffic control signal at the Valley View Road and Washington Avenue intersection by State forces on a reimbursable basis, is hereby approved, and the Mayor and City Manager are hereby authorized to execute said agreement on behalf of the City of Eden Prairie. ADOPTED by the Eden Prairie City Council on March 17, 1998. Jean L. Harris, Mayor ATTEST: SEAL John D. Frane, City Clerk DATE: 03117/98 EDEN PRAIRIE CITY COUNCIL AGENDA ITEM NO: I V' I( SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: I.C. 96-5404 Engineering Division Rodney W. Rue Approve Change Order No. 2 for the CSAH 4/Edenwood Drive/High School Entrance Project Recommended Action: Motion to approve Change Order No.2 for the CSAH4/Edenwood Drive/High School Entrance project. Primary Issues: A separate pay item for "pavement marking removal" was inadvertently omitted from the adden~um sent out prior to the bid date. Fmancial Issues: This Change Order No.2 results in an increase of $2,355.20 to the contract amount. The negotiated unit price is consistent with pavement marking removal unit costs for similar county projects. We hereby recommend approval of Change Order No.2 for Midwest Asphalt Corporation in the amount of $2,355.20. Sheet~of~ HENNEPIN COUNTY DEPARTMENT OF PUBLIC WORKS CHANGE ORDER # 2 Contractor Midwest Asphalt Corp. Address P.O. Box 5477, Hopkins, MN 55343 Job Location CSAH 4 Between Valley View Road and Hillcrest Court S.A.P. No. 181-020-19 F.P. No. IC-5404 Contract No.,_C~P~96.:::.:3:::.::0:--_____ _ In accordance with the terms of this Contract, you are hereby authorized and instructed to perform the Work as altered by the following provisions: Addendum No. 1 deleted pavement marking removal from the lump sum Traffic Control pay item requirement. Inadvertently, a separate pay item for pavement marking removal was omitted in the addendum. The contractor agrees to perform the necessary pavement marking removal at the negotiated unit price shown below in the Estimated Change in Cost. ITEM NO. 2102.501 ITEM NAME Pavement Marking Removal CHANGE IN CONTRACT TIME Due to this change the Contract time: increased () Working () days a. is decreased ( ) by, ___ Calendar ( ) days b. is not changed (x) c. may be revised if the work affected the controlling operation ( ) ESTIMATE OF COST Square Meter QUANT. 128 UNIT PRICE $18.40 Total AMOUNT $2,355.20 $2,355.20 Accepted bY'---4l..::l~~~~~~----l.I-.!2,f-J Contractor's Authorized Represe Approved by' ____________ _ Y>1#4tf#¢ I'M· #t'lfl#r/ Gity of Eden Prairie Date- EDEN PRAIRIE CITY COUNCIL AGENDA SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: I.C. 96-5420 DATE: 03/17/98 ITEM NO: IV, L· Engineering Division AlanD. Gray TH 212 Safety Improvements at Eden Prairie Road and Spring Road Recommended Action: Adopt resolution approving plans for safety improvements on TH 212 at Spring Road and Eden Prairie Road. Overview: For several years, MnDOT, Hennepin County, and Eden Prairie have recognized that the intersections of Spring Road with TH 212 and Eden Prairie Road with TH 212 had had a higher· than average accident rate. In 1995, MnDOT developed a layout plan to address safety problems at these two intersections on TH 212. The plan calls for widening TH 212 to provide for left tum and right tum lanes from TH 212 at both intersections. Final plans and right-of- way acquisition are now complete. MnDOT has scheduled a letting date for the project of March 27, 1998. Construction would probably begin in May. / CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. APPROVE CONSTRUCTION PLANS FOR SAFETY IMPROVEMENTS ON TH 212 AT SPRING ROAD AND EDEN PRAIRIE ROAD DESIGNATED S.P.2744-49 (TH 212) I.C. 96-5420 WHEREAS, the Commissioner of Transportation for the State of Minnesota (MnD0T) has prepared construction plans for intersection improvements on TH 212 at Eden Prairie Road and Spring Road; WHEREAS, the Commissioner of Transportation for the State of Minnesota (MnDOT) will be letting a construction project for said TH 212 intersection improvements at Spring Road and Eden Prairie Road on March 27, 1998; NOW, THEREFORE, BE IT RESOL YED by the City Council of the City of Eden Prairie that said construction plans for State Project No. 2744-49 (TH 212) are hereby approved. ADOPTED by the Eden Prairie City Council on March 17, 1998. Jean L. Harris, Mayor ATTEST: SEAL John D. Frane, City Clerk DATE: 03/17/98 EDEN PRAIRIE CITY COUNCIL AGENDA ITEM NO: IV M. SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: Authorize Feasibility Study Engineering Division I.C. 98-5458: Pioneer Trail (CSAH 1) Sanitary Sewer and Watermain Alan D. Gray Improvements in Section 30 and; I.C. 98-5459: Dorenkemper Boulevard Utility and Street Improvements Recommended Action: Adopt resolution authorizing preparation of a Feasibility Study for I.C. 98-5458, Pioneer Trail (CSAH 1) Sanitary Sewer and Watermain Improvements in Section 30 and I.C. 98-5459, Dorenkemper Boulevard Utility and Street Improvements. Overview: The Planning Commission and Council have recently approved preliminary plans for a new residential subdivision in the Southwest Quarter of Section 30 known as Settler's Ridge. The utility and street improvements described above will be necessary to provide service to the proposed Settler's Ridge subdivision. Primary Issues: In addition to providing service to Settler's Ridge the proposed utility and street extensions will benefit approximately eight other land parcels in Section 30. The feasibility study will likely propose assessments to Settler's Ridge and other properties benefitted by the improvements. A petition for the improvements representing 35 percent of the real property abutting the proposed extensions has not been received. Future resolutions advancing this project will need to receive a four-fifths vote of the council. CITY OF EDEN PRAIRIE ~rnCOUNTY,~OTA RESOLUTION NO. RESOLUTION AUTHORIZING PREPARATION OF FEASffiILITY REPORTS (WITHOUT PETITION) WHEREAS, it is proposed to make the following improvements: I.C. 98-5458: I.C. 98-5459: Pioneer Trail (CSAH 1) Sanitary Sewer and Watermain Improvements in Section 30 Dorenkemper Boulevard Utility and Street Improvements and assess the benefited property for all or a portion of the cost of the improvements, pursuant to M.S.A. 429.011 to 429.111. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council: That the proposed improvements be referred to the City Engineer for study with the assistance of R.C.M., Inc., and that feasibility reports shall be prepared and presented to the City Council with all convenient speed advising the Council in a preliminary way as to the scope, cost assessment and feasibility of the proposed improvement. ADOPTED by the Eden Prairie City Council on March 17, 1998. Jean L. Harris, Mayor ATfEST: SEAL John D. Frane, Clerk EDEN PRAIRIE CITY COUNCIL AGENDA SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: DATE: 03/17/98 ITEM NO: ..:r1t rl Engineering Division Mary Krause Approval of Contract Amendment for I.C. 98-5454: 1998 Lime Residuals Removal Recommended Action: Approval of Contract Amendments for I.C. 98-5454, 1998 Lime Residuals on a time and materials basis including $50.00 per day for utilization of trailers and $65.00 per hour trucking costs to Don Rihn Transport. Overview: The contract for the Removal of Lime Residuals was approved in 1997 to Don Rihn Transport. The 1997 contract provided for a second year extension if both the City and Contractor agree. We will extend the contract for 1998. A new mechanical lime dewatering system process will be implemented as part of the water treatment plant expansion early this spring. A time and materials basis for hauling the residuals from this new process is proposed to be utilized for 1998. Fmancial Issues: This project is paid for out of the Utility Enterprise Fund as a necessary maintenance project. DATE: 03/17/98 EDEN PRAIRIE CITY COUNCIL AGENDA ITEM NO: ITl 0, SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: Engineering Division Award Contract for I.C. 98-5451 Mary Krause 1998 Street Sweeping Recommended Action: Award Contract for I.C. 98-5451, 1998 Street Sweeping to Clean Sweep, Inc. in the amount of $33,893.50. Overview: Sealed bids were received Thursday, February 19, 1998 for the 1998 Street Sweeping. Two bids were received and are tabulated as follows: Allied Blacktop Clean Sweep Fmanciallssues: $37,073.50 $33,893.50 The spring sweeping portion of the project is funded through the storm water utility fund. The 1998 budget amount is $30,000. Sweeping will be funded with the sealcoat and overlay projects through those budget items accordingly. CITY OF EDEN pRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. RESOLUTION ACCEPTING BID WHEREAS, pursuant to an advertisement for bids for the following improvement: I.C. 98-5451 -1998 Street Sweeping bids were received, opened and tabulated according to law. Those bids received are shown on the attached Summary of Bids; and WHEREAS, the City Engineer recommends award of Contract to CLEAN SWEEP, INC. as the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: The Mayor and City Manager are hereby authorized and directed to enter in a Contract with Clean Sweep, Inc. in the name of the City of Eden Prairie in the amount of $33,893.50 in accordance with the plans and specifications thereof approved by the Council and on file in the office of the City Engineer. ADOPTED by the Eden Prairie City Council on March 17, 1998. Jean L. Harris, Mayor ATTEST: SEAL John D. Frane, City Clerk DATE: 03/17/98 EDEN PRAIRIE CITY COUNCIL AGENDA ITEM NO: JJL. P. SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: Engineering Division Release of Land from Special Assessment Agreement for Lots 1 through 12, Jim Richardson Block 1, Outlots A & B City West Recommended Action: Staff recommends that the City Council approve the Release of Land from Special Assessment Agreement and authorize the Mayor and City Manager to sign the release. Background: In October, 1983, the City entered into an agreement with Richard W. Anderson, Inc. to spread existing assessments against the lots in City West Plat, and to spread reallocated assessments against certain lots. This assessment spread was done according to the agreement. Said agreement was flIed with Hennepin County as Document No. 1542871 on October 25, 1983. Staff has been contacted by an owner, wishing to sell his property, to release the property from said agreement. Therefore, it is appropriate and timely to release this agreement. RELEASE OF LAND This Release of Land is executed by the City of Eden Prairie, a Minnesota municipal corporation ("City"), and is dated as of March 17, 1998. FACTS 1. A certain Agreement Regarding Special Assessments (" Agreement") dated October 20, 1983, was executed by and between the City, and Richard W. Anderson, Inc. which Agreement was filed as Document No. 1542871 with the Hennepin County Recorder on October 25, 1983. 2. The special assessments contemplated by the Agreement have been levied and the time for appeal has expired. 3. To evidence the fact that the special assessments have been levied and the time for appeal has expired, the City is executing this Release of Land. THEREFORE, the City of Eden Prairie, a Minnesota municipal corporation, hereby releases the Property described above from all obligations and conditions set forth in the Agreement Regarding Special Assessments dated October 20, 1983 flIed with the Registrar of Titles as Document No. 1542871 on October 25, 1983. This Release of Land shall not release or discharge the Property from the lien of any special assessments levied by the City pursuant to the Agreement. IN WITNESS WHEREOF, the City of Eden Prairie has executed the foregoing instrument. CITY OF EDEN PRAIRIE A Municipal Corporation BY: ---------------------------------Jean L. Harris Its Mayor BY: ----------------------Carl J. Jullie Its City Manager STATE OF MINNESOTA ) ) ss HENNEPIN COUNTY ) The foregoing instrument was acknowledged before me this __ day of ___ _ 1998, by Jean L. Harris and Carl J. Jullie, the Mayor and City Manager of the City of Eden Prairie, a municipal corporation under the laws of the State of Minnesota, on behalf of said corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Dsk:Release of Land.l-ROL DATE: 03/17/98 EDEN PRAIRIE CITY COUNCn.. AGENDA ITEM NO: ]J[. G- SECTION: Consent Calendar ITEM DESCRIPTION: DEPARTMENT: Engineering Division Release of Land from Special Assessment Agreement for Bearpath Jim Richardson Recommended Action: Staff recommends that the City Council approve the Release of Land from Special Assessment Agreement and authorize the Mayor and City Manager to sign the release. Background: In May of 1996, the City entered into a special assessment agreement with Bearpath Development Corporation regarding SAC/WAC charges against the golf course clubhouse and tennis court/pool facility. In October, 1996 the City assessed these charges against the property of Bearpath. We can now release the agreement. RELEASE OF LAND This Release of Land is executed by the City of Eden Prairie, a Minnesota municipal corporation ("City"), and is dated as of March 17, 1998. FACTS 1. A certain Agreement Regarding Special Assessments ("Agreement") dated May 7, 1996, was executed by and between the City, and Bearpath Development Corporation which Agreement was filed as Document No. 6572130 with the Hennepin County Recorder on May 10, 1996. 2. The special assessments contemplated by the Agreement have been levied and the time for appeal has expired. 3. To evidence the fact that the special assessments have been levied and the time for appeal has expired, the City is executing this Release of Land. THEREFORE, the City of Eden Prairie, a Minnesota municipal corporation, hereby releases the Property described above from all obligations and conditions set forth in the Agreement Regarding Special Assessments dated May 7, 1996 filed with the Registrar of Titles as Document No. 6572130 on May 10, 1996. This Release of Land shall not release or discharge the Property from the lien of any special assessments levied by the City pursuant to the Agreement. IN WITNESS WHEREOF, the City of Eden Prairie has executed the foregoing instrument. CITY OF EDEN PRAIRIE A Municipal Corporation BY: -------------------------------Jean L. Harris Its Mayor BY: ---------------------Carl J. Jullie Its City Manager STATE OF MINNESOTA ) ) ss HENNEPIN COUNTY ) The foregoing instrument was acknowledged before me this _ day of ---- 1998, by Jean L. Harris and Carl J. Jullie, the Mayor and City Manager of the City of Eden Prairie, a municipal corporation under the laws of the State of Minnesota, on behalf of said corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Dsk:Release of Land.l-ROL DATE: 03/17/98 EDEN PRAIRIE CITY COUNCIL AGENDA ITEM NO: .lIt "R > SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: S.S.A. 93-06 Engineering Division Release of Land from Special Assessment Agreement for Bearpath Jim Richardson Recommended Action: Staff recommends that the City Council approve the Release of Land from Special Assessment Agreement and authorize the Mayor and City Manager to sign the release. Background: In October of 1993, the City entered into a special assessment agreement with Bearpath Development Corporation regarding the levying of special assessments for Trunk Sewer and Water, construction of by pass lanes in County Road 1, 12" watermain, construction of Dell Road, operation and maintenance of a lift station. The construction of all improvements has been accomplished and the costs assessed to all the property in Bearpath, therefore, it is appropriate and timely to release the agreement. RELEASE OF LAND This Release of Land is executed by the City of Eden Prairie, a Minnesota municipal corporation ("City"), and is dated as of March 17, 1998. FACTS 1. A certain Agreement Regarding Special Assessments (" Agreement") dated October 18, 1993, was executed by and between the City, and Bearpath Development Corporation which Agreement was filed as Document No. 6714616 with the Hennepin County Recorder on October 20, 1993. 2. The special assessments contemplated by the Agreement have been levied and the time for appeal has expired. 3. To evidence the fact that the special assessments have been levied and the time for appeal has expired, the City is executing this Release of Land. THEREFORE, the City of Eden Prairie, a Minnesota municipal corporation, hereby releases the Property described above from all obligations and conditions set forth in the Agreement Regarding Special Assessments dated October 18, 1993 filed with the Registrar of Titles as Document No. 6714616 on October 29, 1993. This Release of Land shall not release or discharge the Property from the lien of any special assessments levied by the City pursuant to the Agreement. IN WITNESS WHEREOF, the City of Eden Prairie has executed the foregoing instrument. CITY OF EDEN PRAIRIE A Municipal Corporation BY: ' -------------------------------Jean L. Harris Its Mayor BY: ---------------------Carl J. Jullie Its City Manager STATE OF MINNESOTA ) ) ss HENNEPIN COUNTY ) The foregoing instrument was acknowledged before me this __ day of ---- 1998, by Jean L. Harris and Carl J. Jullie, the Mayor and City Manager of the City of Eden Prairie, a municipal corporation under the laws of the State of Minnesota, on behalf of said corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Dsk:Release of Land.l-ROL CITY COUNCIL AGENDA Date: Section: Consent Calender March 17, 1998 Department: Item Description: Item No.: Conservation Surcharge 1JL S. Public Works Fee Resolution Amendment Requested Action Amend the Fee Resolution affecting the Conservation Surcharge Rate as follows: • Change the City average from 18,000 to 24,000 gallons per quarter. • Implement a $100 cap per quarter on the Conservation Surcharge. In addition, allocate the revenue received from the surcharge program as indicated below. Background The Environmental & Waste Management Commission has recommended that the water conservation surcharge remain in place with the above-referenced changes. It is the Commission's belief that additional data is needed to measure the true impact of the surcharge. In addition, the Commission has recommended that a portion of the funds collected ($50,000 for 1998) be used for Educational Programs, such as the following: • Educational seminars on landscaping or water conservation • Grant program for environmental students at the high school or graduate level • Purchase of education-related supplies, exhibits and displays for xeriscaping, groundwater and water conservation education, including for use at the Educational Center at the Water Treatment Plant. • Establishment of a Rebate Program for xeriscape landscaping andlor water-saving appliances such as low-flow toilets or shower heads. • Implementation of a program to contact residents with a surcharge greater than $100 for City inspections of their water system andlor distribution of water conservation related educational materials. The remaining fund balance (approximately $140,000 for 1997) would be to offset operation and maintenance costs, but would not include any capital expenditures such as the water treatment plant expansion. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION AMENDING RESOLUTION NO. 98-1, REGULATING FEES AND CHARGES FOR MUNICIPAL SERVICES BE IT RESOLVED that changes to Section 2.40 USER CHARGES, be added to read as follows: 1998. J. Residential customers are subject to a water conservation surcharge of $1.00 per 1000 gallons for usage exceeding 150% of winter quarter use or 150% of 24,000 gallons per quarter, whichever is greater, not to exceed $100.00 per quarter. ADOPTED by the City council of the City of Eden Prairie on this 17th day of March, Dr. Jean Harris, Mayor ATTEST: John D. Frane, City Clerk DATE: 03/17/98 EDEN PRAIRIE CITY COUNCIL AGENDA ITEM NO: 1][. T SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: Engineering Request for Advance Encumbrance of State Aid Highway Funds Division Rodney W. Rue Recommended Action: Approve resolution requesting advance encumbrance of State Aid Highway Funds. Primary Issue: This resolution provides us the option of advancing a portion of our 1999 State Aid construction allotment to finance the CSAH 4 (Eden Prairie Road) Project. Based on our construction cooperative agreement with Hennepin County, we expect invoices from Hennepin County for our share of the CSAH 4 project to exceed our available 1998 construction balance. We would propose to finance these costs by using a portion of our 1999 State Aid allotment. Financial Issues: In 1999 CSAH 1, Scenic Heights Road and TH 212 Stages II and III are proposed to be fmanced with State Aid funds. Since our balance is very low, we will need to finance these projects by selling State Aid bonds. Between our CSAH 4 obligations and "finaling out" some current and older State Aid projects which will reduce our encumbered State Aid balance, we expect a net advance of approximately $650,000 of our 1999 construction allotment. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. RESOLUTION REQUESTING ADY ANCE ENCUMBRANCE OF STATE AID HIGHWAY FUNDS WHEREAS, the City of Eden Prairie is planning on implementing Municipal State Aid Street Projects in 1998, which will require State Aid funds in excess of those available in its State Aid Construction Account; and WHEREAS, the City of Eden Prairie is prepared to proceed with the construction of said projects through the use of advance encumbrances from the general State Aid Construction Account to supplement the available funds in their State Aid Construction Account; and WHEREAS, repayment of the funds so advanced will be made in accordance with the provisions of Minnesota Statutes 162.14, Subdivision 6 and Minnesota Rules, Chapter 8829. NOW, THEREFORE, BE IT RESOL YED, by the Eden Prairie City Council that the Commissioner of Transportation is hereby requested to approve this advance for financing approved Municipal State Aid Street Projects of the City of Eden Prairie in an amount up to our annual construction allotment in accordance with Minnesota Rules 8820.1500, Subparagraph lOb, and to authorize repayments from the following year's accruals to the Construction Account of the Municipal State Aid Street fund for said City. ADOPTED by the Eden Prairie City Council on March 17, 1998. Jean L. Harris, Mayor ATTEST: SEAL John D. Frane, City Clerk ------------------------ CITY COUNCIL AGENDA DATE: SECTION: CONSENT CALENDAR MARCH 17, 1998 DEPARTMENT: ITEM DESCRIPTION: Resolution for ITEM NO. Amending Suburban Transit Association ADMINISTRATION Joint & Cooperative Agreement IV. U. Requested Action: Approve the amendments to the STA Joint & Cooperative Agreement. Background Information: The proposed amendment changes: AMENDMENT TO PRELIMINARY STATEMENT This amendment was requested by the City of Chanhassen to clarify that dealing with transit issues is the primary purpose of the ST A. AMENDMENT TO ARTICLE 1 This amendment again clarifies the purpose of the STA. AMENDMENT TO 7.1 This amendment clarifies appointment procedures to the STA Board. It clarifies that appointed officials should serve on a transit commission/authority, serve on a city council that acts as a transit commission/authority, or be appointed by a city council serving as a transit commission or authority. AMENDMENT TO 9.1 This amendment clarifies that all officers shall hold office until the next annual election. (This is a technical amendment.) This section is also amended to make any mention of officer terms consistent throughout the document. AMENDMENT TO 9.4 This is another technical amendment clarifying how a vacancy is filled. ADDITION OF SECTION 9.9 This amendment authorizes the Board of Directors to establish a legislative committee and authorizes the transit commissions/authorities to appoint the membership. City councils who act as transit commissions/authorities (cities of Plymouth and Shakopee) would be responsible for appointing their member(s). AMENDMENT TO 10.1 This amendment clarifies that the ST A's dues will be determined at a meeting each October. AMENDMENT 10.3 This amendment clarifies that the ST A budget shall be submitted to member city councils for review and comment each year before August 1. / CITY OF ______ _ RESOLUTION NO. _____ _ A RESOLUTION RELATING TO JOINT AND COOPERATIVE AGREEMENT BE IT RESOLVED, by the City Council of the City of ________ _ ~innesota, as follows: WHEREAS, ~innesota Statutes Section 471.59 permits two or more governmental units, by agreement of their governing bodies, to jointly and cooperatively exercise any power common to each of them, and WHEREAS, the parties have entered into this Joint and Cooperative Agreement to develop programs on matters of mutual concern and interest and identify, review and actively oppose proposals which may be in conflict with the interest of the members. NOW, THEREFORE, BE IT RESOLVED that the ~ayor and City Clerk are hereby authorized and directed to execute the Joint and cooperative Agreement as amended and attached hereto. ADOPTED this __ day of _________ , 199_. ____________ '~ayor ATTEST: _____________ , City Clerk November, 1995 Amended February, 1997 JOINT AND COOPERATIVE AGREEMENT PRELIMINARY STATEMENT The Parties to this Agreement are governmental units of the State of Minnesota. Minnesota Statute §471.59 permits two or more sub-units, by agreement of their governing bodies, to jointly and cooperatively exercise any power common to each of them. Pursuant to statutory authorization, the Parties to this Agreement have chosen to execute a joint powers agreement providing, in essence, for the development of programs on matters of mutual concern and interests relating to transportation and transit issues. ARTICLE 1. GENERAL PURPOSE The primary purpose of this Agreement is for the member municipalities and affiliate members, such as transit commissions or associations previously created by a joint powers agreement, to jointly and cooperatively develop programs on matters of mutual concern and interest, relating to transportation and transit issues. and identify, review, and to actively oppose proposals which may be in conflict with the interests of the members. The organization formed pursuant to this Agreement will be funded by member municipalities' contributions to be used for the retention of professional assistance, information preparation and dissemination, research, and other activities that may from time to time be authorized by the membership. ARTICLE 2. NAME The Parties hereto agree to establish an organization to be known as the Suburban Transit Association to carry out the objectives of this Agreement. 1 ARTICLE 3. DEFINITION OF TERMS For the purpose of this Agreement, the terms defined in this Article shall have the meanings given them by this Article. 3.1) 3.2) 3.3) 3.4) 3.5) 3.6) "Board" means the governing body of the Association. "Association" means the organization created pursuant to this Agreement. . "Authority" means the governing body of a Party. • "Board Members" means the persons appointed pursuant to this Agreement to serve as Members of the Board. "Party" means a municipality which has entered into this Agreement. "Mfiliate Member" means an organization, commission, association or municipality which has entered into this Agreement, but does not have the same voting rights and privileges as a Party. ARTICLE 4. ADDITIONAL PARTIES Any other organization, commission, association or municipality may become a Party or Mfiliate Member upon approval by a majority of the then Parties and upon full payment of the annual dues. ARTICLE 5. EFFECTIVE DATE A municipality shall enter into this Agreement by duly executing a copy of this Agreement and by filing such copy, together with a certified copy of the authorizing resolution, with the Association Chair. This Agreement shall become effective upon approval by at least two (2) Parties, or on October 1, 1995, whichever is sooner. 2 i ARTICLE 6. POWERS AND DUTIES OF THE ASSOCIATION The powers and duties of the Association shall include the powers set forth in this article. 6.1) It may establish legislative programs embodying proposed legislation and positions on proposed legislation. 6.2) It may take such action as it deems necessary and appropriate to accomplish the general purposes of this Association. 6.3) It may consult with persons knowledgeable in the legislative 'process and p'ersons having a special interest therein, such as legislators, research organizations, educational institutions, • other political subdivisions, municipal organizations, regulatory organizations technical experts, and any other persons who can provide pertinent information concerning legislation of interest to the Association. 6.4) It may provide for the prosecution, defense, or other participation in actions or proceedings at law in which it may have an interest, and may employ counsel for that purpose. 6.5) It may conduct such research and investigation and take such action as it deems necessary, including participation and appearance in proceedings of any metropolitan, state, federal, regulatory, or legislative or administrative bodies, on any proposed or existing law, bill, or recommendation related to or affecting any or all members. 6.6) It may enter into any contracts deemed necessary by the Board to carry out its powers and duties, subject to the provisions of this Agreement. 6.7) It may contract with any of the Parties or others to provide space, services, or materials on its behalf. Any contracts let or purchases made shall conform to the requirements applicable to Minnesota statutory cities. 6.8) It may accept gifts, apply for grants, enter into agreements required in connection therewith and hold, use and dispose of money or property received as a gift or grant in accordance with the terms thereof. 3 6.9) It shall cause an annual audit of the books of the Association to be made by an independent auditor, or an independent auditor of a member city, whichever the Board determines. It shall make an annual financial accounting and report in writing to the Parties. Its books and records shall be available for and open to the examination by the Parties at all reasonable times. It shall establish the annual budget for the Association as provided in this Agreement. 6.10) It may establish and delegate authority to a Committee(s) between Association meetings. Such delegation of authority shall be by resolution of the Board and may be reconditioned in such manner as the Board may determine. 6.11) It may exercise any other power necessary and incidental to the implementation of its powers and duties. ARTICLE 7. BOARD OF MEMBERS 7.1) The governing body of the Association shall be its Board of Members. Each Party shall be entitled to one Board Member. Each Board Member shall have one (1) vote. The Authority of each Party shall appoint its one (1) Board Member., who shall be an aetive Couneil OF AuthOFity RwmbeF. l'L pFefeFenee shouls he mase Appointments by the Authority to appoint shall couneil membeFs who also serve on a transit commission or a city council that acts as a transit commission or an appointee of a city council that acts as a transit commission. assoeiation pFeJ/iously oFoates by a joint poweFS agreement to seFve on the .BoaFs of MembeFs. Board Members shall serve without compensation from the Association. 7.2) Proxy voting by a Board Member's designee shall be permitted. 7.3) Each Board Member shall serve until that Board Member's successor is appointed and assumes his or her responsibilities. Board Members shall serve at the pleasure of the Party appointing them. When a Party appoints a Board Member, it shall give notice of such appointment to the Association's SecretarylTreasurer. Such notice shall include the mailing address of the person so appointed. The names and addresses shown on such notices may be used as the official names and addresses for the purposes of giving notices of any meetings of the Association. 4 7.4) A simple majority of the Board of Members shall constitute a quorum of the Board. 7.5) A vacancy on the Board shall be filled by the Authority of the Party whose position on the Board is vacant. ARTICLE 8 MEETINGS 8.1) The Association shall meet at least semi-annually and shall hold an annual organizational meeting in January . • 8.2) The Board shall adopt Bylaws governing its procedures, including the time, place, and frequency of its regular meetings. Such Bylaws may be amended from time to time. 8.3) Special meetings of the Board may be called (a) by the Chair or (b) by the Board upon written request of the majority of the Board Members. Three (3) days' written notice of special meetings shall be given to the Board Members. Such notice shall include the agenda for the special meeting. Only matters set forth in the agenda shall be considered at a special meeting. 8.4) Notice of regular meetings of the Board shall be given to the Board Members by the Secretarytrreasurer at least seven (7) days in advance and the agenda for such meetings shall accompany the notice. However, business at regular meetings of the Board need not be limited to matters set forth in the agenda. ARTICLE 9. OFFICERS 9.1) Number, Election, Qualifications -The officers of the Association shall consist of a Chair, Vice Chair and a Secretary/Treasurer. Each officer shall be elected at the annual meeting by the Board. The ChaiF and Vice ChaiF All officers shall hold office until the next annual election of officers and until hislher successor shall have been elected and have qualified or until hislher earlier disqualification, death, 5 1 resignation, or removal. The SecFetaFylTFeasuFeF's teFm shall commence on JanuaFY 1 of the follo, .... ing year and end on December 31 of that year. All officers shall be Board Members. New officers shall take office at the adjournment of the annual meeting of the Association at which they were elected, "'lith the exceptioB: of the 8eO"retary/Treasur.er who shall talw office OB: the fiFSt day of JanuaFY of the following year. Not more than one Board Member of a Party shall be elected an officer during the same term. Any officer who ceases to be a Board Member shall at the same time cease to be an officer. If re-elected, officers may serve for more than one year. 9.2) Resignation -Any officer of the Association may resign at any time by giving written notice of hislher resignation to the Board, to the Chair, or to the Secretary'lTreasurer of this Association. The resignation shall take effect at the time, if any, specified therein or, if no time is specified therein, upon receipt thereof by said Board Chair, or to the SecretarylTreasurer. The acceptance of a resignation shall not be necessary to make it effective. 9.3) Removal-Any officer may be removed, with or without cause, by a vote of four-fifths (4/5) of the total number of Board Members, at any meeting of the Board, provided that such purpose is stated in the notice or waiver of notice of the meeting unless all of the Board Members of this Association are present at the meeting. 9.4) Vacancies - A vacancy in any office because of disqualification, death, resignation, or removal shall be filled for the unexpired portion of the term in the maB:neF pFescribed herein foF election to that office by a majority vote of the Board at the first meeting of the Board following the vacancy. 9.5) Chair; Vice Chair -The Chair shall preside at all meetings of the Association and shall perform all duties incident to the office of Chair and such other duties as may be delegated by the Association. The Vice Chair shall act as Chair in the absence of the Chair. 9.6) SecretarylTreasurer -The Secretary/Treasurer shall be responsible for keeping a record of all of the proceedings of the Association. The Secretary/Treasurer shall send written notice and material pertaining to agenda items to each Board Member. He/She shall have custody of the Association's funds, shall pay its bills, and keep its financial records, and generally conduct the financial affairs of the Association. The 6 • SecretarylTreasurer shall be responsible for such other matters as shall be delegated to himlher by the Association. Orders, checks, and drafts of the Association shall be issued in accordance with the financial practices applicable to the member city from which the Secretary/Treasurer is elected. In conducting the Association's financial affairs, the SecretarylTreasurer shall, at all times, act in accordance with general accepted accounting principles. The Secretary/Treasurer's reports, including any bills or claims to be acted upon by the Association, shall be distributed to all Board Members. Any persons may be engaged to perform such services under the Secretary/Treasurer's supervision and direction, when authorized by the Association. 9.7) Other officers.: The Association may appoint such other officers as it deems necessary. All such officers shall be Board • Members. 9.8) Committees -The Association may appoint such committees as it deems necessary or desirable to accomplish its purposes. 9.9) Legislative Committee -The Association shall establish a Legislative Committee and designate the number of members. Membership to the Legislative Committee shall be appointed by a transit commission or a city council that acts as a transit commISSIOn. ARTICLE 10. FINANCIAL MATTERS 10.1) Association funds may be expended by the Board in accordance with the procedures established by law for the expenditure of funds by Minnesota statutory cities. Legal instruments. except checks, which may be executed by the SecretarylTreasurer with another signature from the City Manager/Administrator or the financial officer of the Secretary/Treasurer's member city, shall be executed with authority of the Board, by any two (2) officers. 10.2) The financial contributions of the Parties in support of the Association shall be per capita. Each of the Parties shall pay to the Association an amount as determined by the Board at its annual October meeting not to exceed $.20 per capita by January 15 of the subsequent year based upon the most recent Metropolitan Council population estimates. The financial 7 contributions of Mfiliate Members shall be determined by the Board. These amounts may be used by the Association to pay all legal and consultant costs and expenses and other expenses as approved by the Board. The Board may authorize changes in the per capita charge for all members upon majority vote. 10.3) A proposed budget shall be formulated by the Board and submitted to the Parties and member city councils for review and comment on or before August 1 of each calendar year. Final action adopting a budget for the ensuing calendar year shall be taken by the Board at the organizational October meeting eaeh year. 10.4) Any Party may inspect and copy the Association books and records at any and all reasonable times. All books and records shall be kept in accordance with normal and accepted accounting procedures and principles used by Minnesota statutory cities. ARTICLE 11 WITHDRAWAL 11.1) Withdrawal-Any Party or Mfiliate Member may withdraw from this Agreement effective on December 31 of any year by giving notice pursuant to Section 2 of this Article prior to September 15. 11.2) Notice -In order to effectuate a withdrawal, a Party or Mfiliate Member withdrawing from the Association shall give written notice to the Chair of the Association, served personally on the Chair or addressed to the Chair at the address shown on the records of the Association, and by giving with such notice, a copy of a resolution of its Council stating its decision to withdraw from the Association. The withdrawal shall be effective upon actual receipt by the Chair and each officer of such notice and resolution. The withdrawing Party shall have the responsibility for such actual receipt by the Chair and each officer. Upon receipt of such notice and resolution, the Chair of the Association shall forward a copy of the notice and resolution to each Board Member. 11.3) Financial Effect of Withdrawal -No financial benefit shall inure to a Party or Mfiliate Member that withdraws from this Association nor shall there be any 8 /0 reimbursement for any contribution made or required of the withdrawn Party by this Agreement. ARTICLE 12 AMENDMENTS 12.1) Amendments -This Agreement may be amended by a vote of two-thirds (2/3) of the number of Parties at any meeting of the Board, provided that such purpose is stated in the notice of the meeting and the proposed amendment is provided in writing.to all Board Members at least seven (7) days in advance of the meeting. ARTICLE 13. DISSOLUTION 13.1) Duration of Association -The Association shall be dissolved if less than two (2) Parties remain, or by operation of state or federal law or regulation, now or hereafter enacted, or by mutual signed agreement of all of the Parties. 13.2) Distribution of Assets -Upon dissolution of the Association, all remaining assets of the Association, after payment of all obligations, shall be distributed among the Parties that are Parties to the Agreement at the time of dissolution, in proportion to their contributions and in accordance with procedures established by the Association. The Association shall continue to exist after dissolution for such period, no longer than six (6) months, as is necessary to wind up its affairs, but for no other purposes. 9 II IN WITNESS WHEREOF, The municipality of ____________ has caused the Agreement to be signed on its behalf this~. __ day of ______ _ 19_0 By: _____________________ __ By: _____________________ __ 10 J~ EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 3/17/98 V SECTION: Consent Calendar ITEM NO. lJL, , DEPARTMENT: ITEM DESCRIPTION: Facilities Management, Proposed K-9 Care Facility Barbara Cross RECOMMENDATION: City staff recommends the Council award the bid for the Eden Prairie Police Canine Care Facility to Diversified Construction at a cost not to exceed $30,893.00. BACKGROUND: The City advertised and received 5 separate bids for the project. The bids were as follows; 1. 2. 3. 4. 5. Diversified Construction American Liberty Construction Rushing Commercial United Properties Fendler Construction FINANCIAL CONSIDERATIONS: $30,893 $32,683 $34,939 $35,976 $39,875 The funds for this project will come from the Drug Forfeiture Committee and program. The project will begin mid-April and end prior to June 1, 1998. f .------------------------------------------------------------ CITY COUNCIL AGENDA SECTION: Consent Calendar DEPARTMENT: Human Resources and Communications Services Requested Action: ITEM DESCRIPTION: Resolution designating City Staff representatives to the Joint and Cooperative Agreement for Intergovernmental Data Processing. DATE: 3-11-98 ITEM NO.: IV. W. Council to designate the Assistant Finance Director as Director and the Assistant City Manager as Alternate Director. Back2round Information: The change in representatives to LOGIS reflects the Cit1s assignment of Management Information Services responsibilities. I:IHRINATALIEI98INFOICOUNCIL3. WPD , CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. BE IT RESOLVED, by the City Council of the City of Eden Prairie, Minnesota that the Mayor and City Manager are authorized to sign the Joint and Cooperative Agreement for Intergovernmental Data Processing. BE IT FURTHER RESOLVED that the Assistant Finance Director be appointed as Director and the Assistant City Manager as Alternate Director. ADOPTED by the City Council ofthe City of Eden Prairie this 17th day of March, 1998. Jean L. Harris, Mayor ATTEST: John D. Frane, City Clerk H:\hr\councillresolution\res·)98.wpdlbmm Rev 3! S 198 CITY COUNCIL AGENDA Date: Mar 17, 1998 Section: Consent Calendar Department: PRNR ~ Subject: Recommendation for Playground Proposals Item No.: ra:.~ Robert A. Lambert, Director RECOMMENDATION: On March 2, 1998, the Parks, Recreation and Natural Resources Commission reviewed proposals from playground manufacturers for playground structures at Hidden Ponds Park and at Rice Marsh Lake Park. After review of each of the presentations and after discussion with residents from each of the neighborhoods, the Commission voted unanimously to award the bid for each site to Flanagan Sales, Inc. City staff concurs with the Parks, Recreation and Natural Resources Commission recommendation and requests the City Council to award the bid to Flanagan Sales, Inc. to install a playstructure as per its proposal for Hidden Ponds Park at a cost not to exceed $40,000; and to award the bid to Flanagan Sales, Inc. for installation of a playstructure as per its proposal at a cost not to exceed $40,000 at Rice Marsh Lake Neighborhood Park. BACKGROUND: Attached to this memorandum is a February 26, 1998 from Stuart Fox summarizing the playground proposals of each of the five manufacturers and a copy of the minutes of the March 2, 1998 meeting. Approximately three weeks prior to the meeting, the City sent letters to residents living in the service area of both Hidden Ponds Park and Rice Marsh Lake Park inviting them to attend the March 2 meeting, if they wished to participate in the review and selection process. A number of families from each neighborhood were in attendance to participate in the process and to ask questions and offer opinions on the proposals as they were presented. After review of each of the proposals and discussion with the neighbors, the Commission members each voted on their first through fifth place preference. First place receive one vote, fifth place five votes, etc. The low vote total was the preferred proposal. Vote totals for the Hidden Ponds Park playground were as follows: Flanagan Sales, Inc. 10 points, Minnesota Wisconsin Playground, Inc. 16 points, Earl F. Anderson 23 points, Miracle Recreation Equipment Company 25 points, and St. Croix Recreation Company 31 points. The totals for the Rice Marsh Lake proposals were as follows: Flanagan sales, Inc. 13 points, Miracle Recreation Company 16 points, Minnesota Wisconsin Playground, Inc. 18 points, Earl F. Anderson 30 points, and St. Croix Recreation Company 31 points. The Commission voted unanimously for Flanagan Sales for both sites with the following conditions: For the Rice Marsh Lake playground, Flanagan Sales must eliminate the log roll as proposed and add two swings. City staffwill prepare the sites in late Mayor early June and installation of the playground equipment should be completed by mid-July. The ftmding source for the Hidden Ponds playground equipment is the general fund, and the funding source for the Rice Marsh Lake playground equipment is cash park fees. BL:mdd PJayRecIBob98 1 Memorandum To: Parks, Recreation and Natural Resources Commission Through: Bob Lambert, Director of Parks, Recreation and Natural Resources From: stuart A. Fox, Manager of Parks and Natural Resources Date: March 9, 1998 Subject: Evaluation of Playground Proposals for Hidden Ponds Park REQUEST: City staff requests that the Parks, Recreation and Natural Resources Commission review the five playground proposals that have been submitted for replacement of the playground structure at Hidden Ponds Neighborhood Park. The recommendation of the Parks, Recreation and Natural Commission will be forwarded to the City Council at the March 17, 1998 meeting. BACKGROUND: The 1998 budget included $50,000 for replacement of the playstructure at Hidden Ponds Park. This structure is the next playground to be replaced based on the 1995 playground audit. The process that has been used in the past for selecting playground equipment at Riley Lake Park and Homeward Hills Park is being used to select equipment for this neighborhood park. Staff has requested playground manufacturers to bid on $40,000 worth of playground equipment to be placed on the site. The remaining $10,000 budgeted for the project will be used for site preparation, installation of trails and curbing, site drainage work, and site restoration. Staff have requested playground manufacturers to bid the playground equipment based on their own creativity and design expertise. The City will be responsible for preparing the site and doing any trail or edging that is required to retain the safety surfacing. Attached is a copy of the Request For ProposaL as well as a summary for each of the playground manufacturers proposals. PLAYGROUND PRESENTATIONS: Each of the manufacturer representatives will have ten minutes to descnbe their proposed playground layouts. They were required to provide colored displays and/or illustrations of the various play pieces that they have included in their playground layout. NEIGHBORHOOD INPUT: Letters were sent to the homeowners around Hidden Ponds Park inviting them to attend the Parks, Recreation and Natural Resources Commission meeting. After the manufacturers representatives make their presentations, commissioners should solicit questions or comments from the homeowners that live in that particular neighborhood. This will help the Commissioners understand what age of child lives in that particular neighborhood and what particular features seem to be most desired by those living close to the park. SUMMARY OF PROPOSALS: Earl F. Anderson -PlaySense -Play equipment, 10xi0 all steel picnic shelter, 12xI2 concrete pad beneath the picnic shelter, balance beam, swings, and riders, wood fiber surfacing, and two poured in place resilient surfaces for wheelchair accessibility. Total Bid: $40,000 Flanagan Sales, Inc. -Little Tikes Play System -Playstructure, rider toys, swing set, I2xI2 steel roofed shelter with concrete pad, wood fiber safety surfacing, and rubberized tiles for wheelchair accessiblity. Total Bid: $40,000 Minnesota Wisconsin Playground, Inc. -Game Time Playstructures -Playstructure, 12x12 picnic shelter with concrete pad, and fibar safety surfacing. Total Bid: $40,000 Miracle Recreation Equipment Company -Miracle Recreation Playstructure -Playstructure, swing set, picnic shelter and concrete pad, shredded wood safety surfacing, and resilient rubber surfacing for wheelchair access. Total Bid: $40,000 Saint Croix Recreation Company, Inc. -Burke Playstructure -Playstructure, swing set, 1 Oxl 0 steel structure with concrete pad, shredded wood safety surfacing. Total Bid: $40,000 CONSIDERATIONS: The Parks, Recreation and Natural Resources Commission will have the opportunity to question each of the representatives following their presentation. Questions that may be considered should include items such as warranty, ADA accessible, including how much area of the playstructure would be readily accessible to that individual, the age appropriateness of the various features on each proposed 3 playground, color selections available, estimated time for installation of the playground, and location of similar systems such as schools or neighborhood parks. The final selection of a playground will be made by requesting each of the commission members to rank their first choice, second choice, etc. The first choice would be one point, second choice would receive two on to the fifth selection. The cumulative low total will be the recommended company. The staff requests that the commissioners then make a unanimous recommendation for the playstructure and amenities, if at all possible. Should there be a tie, the commissioners may postpone selection of the playground based on site visits to a similar playstructure that has been installed by manufacturer. In this event, the decision would have to be made at the March 16, 1998 Parks, Recreation and Natural Resources Commission meeting, so that the final recommendation can be forwarded on to the City Council at the March 17 City Council meeting. SAF:mdd HiddenbidiStuart98 Memorandum To: Parks, Recreation and Natural Resources Commission Through: Bob Lambert, Director of Parks, Recreation and Natural Resources From: Stuart A. Fox, Manager of Parks and Natural Resources Date: March 9, 1998 Subject: Evaluation of Playground Proposals for Rice Marsh Lake Park REQUEST: City staff requests that the Parks, Recreation and Natural Resources Commission review the five playground proposals that have been submitted for a playground structure at Rice Marsh Lake Park. The reconnnendation of the Parks, Recreation and Natural Commission will be forwarded to the City Council at the March 17, 1998 meeting. BACKGROUND: This new playground is for the new neighborhood park. The funds will come from cash park fees. The process that has been used in the past for selecting playground equipment at Riley Lake Park and Homeward Hills Park is being used to select equipment for this neighborhood park. Staff has requested playground manufacturers to bid on $40,000 worth of playground equipment to be placed on the site. The remaining $10,000 budgeted for the project will be used for site preparation, installation of trails and curbing, site drainage work, and site restoration. Staffhave requested playground manufacturers to bid the playground equipment based on their own creativity and design expertise. The City will be responsible for preparing the site and doing any trail or edging that is required to retain the safety surfacing. Attached is a copy of the Request For Proposal, as well as a summary for each of the playground manufacturers proposals. PLAYGROUND PRESENTATIONS: Each of the manufacturer representatives will have ten minutes to describe their proposed playground layouts. They were required to provide colored displays and/or illustrations of the various play pieces that they have included in their playground layout. ------------------------ NEIGHBORHOOD INPUT: Letters were sent to the homeowners around Rice Marsh Lake Park inviting them to attend the Parks, Recreation and Natural Resources Commission meeting. After the manufacturers representatives make their presentations, commissioners should solicit questions or comments from the homeowners that live in that particular neighborhood. This will help the Commissioners understand what age of child lives in that particular neighborhood and what particular features seem to be most desired by those living close to the park. SUMMARY OF PROPOSALS: Earl F. Anderson -PlaySense -Play structure, I Ox1 0 all steel picnic shelter with a 12x12 concrete pad, balance beam, swings, and riders, wood fiber surfacing, and two poured in place resilient surfaces for wheelchair accessibility. Total Bid: $40,000 Flanagan Sales, Inc. -Little Tikes Play System -Playstructure, swing set, independent playstructure, 12x12 roof shelter with concrete pad, wood fiber safety surfacing, and rubberized tiles for wheelchair accessibility. Total Bid: $40,000 Minnesota Wisconsin Playground, Inc. -Game Time Playstructures -Playstructure, 12x12 picnic shelter with concrete pad, and fibar safety surfacing. Total Bid: $40,000 Miracle Recreation Equipment Company -Miracle Recreation Playstructure -Playstructure, swing set, picnic shelter and concrete pad, shredded wood safety surfacing, and resilient rubber surfacing for wheelchair access. Total Bid: $40,000 Saint Croix Recreation Company, Inc. -Burke Playstructure -Playstructure, swing set, 1 Oxl 0 steel structure with concrete pad, shredded wood safety surfacing. Total Bid: $40,000 CONSIDERATIONS: The Parks, Recreation and Natural Resources Commission will_have the opportunity to question each of the representatives following their presentation. Questions that may be considered should include - items such as warranty, ADA accessible, including how much area of the playstructure would be readily accessible to that individual, the age appropriateness of the various features on each proposed I l:? playground, color selections available, estimated time for installation of the playground, and location of similar systems such as schools or neighborhood parks. The final selection of a playground will be made by requesting each of the commission members to rank their first choice, second choice, etc. The first choice would be one point, second choice would receive two on to the fifth selection. The cumulative low total will be the recommended company. The staff requests that the commissioners then make a unanimous recommendation for the playstructure and amenities, if at all possible. Should there be a tie, the commissioners may postpone selection of the playground based on site visits to a similar playstructure that has been installed by manufacturer. In this event, the decision would have to be made at the March 16, 1998 Parks, Recreation and Natural Resources Commission meeting, so that the final recommendation can be forwarded on to the City Council at the March 17 City Council meeting. SAF:mdd RicebidiStuart98 PARKS, RECREATION AND NATURAL RESOURCES COMMISSION MINUTES March 2, 1998 Page 4 Chair Brown introduced Steve Schultz, who is the Activity Director at Eden Prairie High school Koenig asked about the noise levels from the bubble and Darian responded that the noise level from the bubble will be about 40 decibels or less than the general noise levels generated by traffic. It would be a constant noise level which will be less noticeable than a varying noise level would be. MOTION:Wilsonmoved, seconded by Stolar, to recommend approval ofthe Eden Prairie High School Activity Center and Turf Field Bubble Phase III as detailed in the February 20, 1998 Community Development Staff Report and the recommendations within the supplemental staff report dated February 25, 1998 MOTION: Jacobson moved, seconded by Brown, to amend the motion to add the stipulation that the proponent work with adjacent residents to achieve the most satisfactory buffering and screening plan possible.· Motion carried 7-0. VI. OLD BUSINESS Fox noted that staff will be presenting equipment proposals for Hidden Ponds Park and Rice Marsh Lake Playground equipment separately. Each manufacturer's representative would have ten minutes to make a presentation of their equipment and then the Commission would discuss each proposal on it's merits and make a recommendation. Fox noted that the plan for Hidden Ponds would include some trail realignments. A. Hidden Ponds Park PlaY2round Proposals The first presentation was made by Dave Owen representing Earl F. Anderson -Play Sense, who descnbed the proposed play area in detail. He noted he had proposed a different type of equipment to make the most of the City dollars, and this included a cross-shaped pole instead of a round one. This equipment is manufactured containing pre-determined components and the colors are not changeable. It comes "off-the- shelf' and is installed as is. He reviewed the plans for the park and the components that would be included. He descnbed the surface which would be placed under the play structures. He showed a sample of the materials that they are proposing to use in the play structure, and noted that it was guaranteed for two years completely. Lambert asked if there were any problems with the "T" shaped posts and the edges, as they appeared sharp to him. Owen responded that they seem to be working okay but it is always possible to be hurt on playground equipment. He showed a sample of the surface which will be underneath the play area. PARKS, RECREATION AND NATURAL RESOURCES COMMISSION MINUTES March 2, 1998 Page 5 Brenda Townsend, 1799 Grove Court, stated she was concerned that there was only one tot seat and she felt there should be two, so she could go to the park with a friend and they could both swing their toddlers at the same time. Jacobson asked where the rubber surface would be used and Owen responded it would be used on the approach to the swings, and underneath the swings. Bill Johnson, Flanagan Sales for ''Little Tykes Play Systems, stated they bid a 5" round post with stainless steel hardware so it won't rust. He descnbed the surfaces they use for platforms and their slides. He descnbed the warranty on the equipment and discussed the color options which are available. He descnbed the layout ofthe play area and the location of the shelter and the sidewalk. He noted that approximately 50% of the play structure would be handicapped accessible. Stolar inquired how easy it would be to expand the swings if they wanted to add an additional swing, and Johnson responded it could be done but it was best to do it at the outset to avoid incurring costs later on. Jacobson asked how high the climbing wall was and Johnson responded the top bar was about 7-8 feet in height but the top rung of the ladder was about 48 inches or 4 feet in height. Brenda Townsend was concerned if it was very friendly for very young children. Johnson explained that about half of the structure was accessible for children between the ages of2-5 years. Gail Fitzpatrick, 7678 Paulson Drive, stated she lives next door to the park and was concerned about the play structure having a negative impact on her view by using bright colors where it had been only nature before. She was also concerned about how high the structure would be. Johnson responded the peak of the roof was approximately 11-12 feet in height, and they can create any colors they want to use. Stolar asked if Johnson had erected any other play structures in Eden Prairie and Johnson responded not in Eden Prairie but in other communities in the area. Brown asked why they had requested a shelter in the proposal and if they had these shelters in other parks. Fox stated that the shelters would provide instant shade and shelter from rain and trees take a while to grow to provide these things. Todd Lehman, Minnesota Wisconsin Playground, Inc., Game Time Playstructures, reviewed their proposal for the playground. He described the layout of the equipment and showed samples of the materials that would be used. They use recycled aluminum in the posts and the hardware is zinc coated with a yellow chromate conversion coating to prevent rust. They have endeavored to accommodate children of most age groups in their design and have made it handicapped accessible. He descnbed the space shuttle piece they have included in the play structure. They have a variety of colors available so they would be able to create an attractive play structure for the City. PARKS, RECREATION AND NATURAL RESOURCES COMMISSION MINUTES March 2, 1998 Page 6 Ann Walbrun, 17950 Liv Lane, asked if there were any swings included in the play structure and Lehman responded they had not included swings in their proposal. Koenig asked if it would be scaled back significantly to include six swings and Lehman responded they would lose about one bridge to put in the swings. Brown asked if there was any way the littler kids could get in the way of the space shuttle, and Lehman responded there was sort of a natural "safe zone" surrounding the space shuttle and the adjacent equipment was for the older kids. Brenda Wenner, Miracle Recreation Equipment Company, Miracle Recreation Playstructure, reviewed her design and materials. She noted they have two separate layouts, one for 5-12 year olds and one for 2-5 year olds. She reviewed the site layout and the shelter which is 12' X 12" in size. The concrete pad is 14' X 14" which will provide more shelter area. Most elements in the play structure are handicapped accessible. Fox reviewed the plan submitted by St. Croix Recreation Company, Inc., Burke Playstructure, as that company representative was not present. The plan included swings, a 10; X 10' steel shelter and a play structure which included platforms, bridges and slides. It is ADA accessible with a transfer point. The safety surface is based on the height of the equipment and this one is about six feet in height. Hilgeman asked if they want to consider options when choosing the plan they like, and Lambert responded the plan can be configured any way the Commission desired. Hilgeman commented that natural colors, six swings, two tot swings, and the roof shelter were things that the neighbors were interested in. Also, two spring riders and a good mix for various age groups had been mentioned. Stolar was concerned about shelter locations and Lambert noted that could be dictated. Discussion ensued regarding the various plans and proposals. Concern was expressed regarding the "T" shaped post, and it was felt that could be hazardous to children playing on that structure. The number of swings was discussed and the consensus was that six swings should be included on the playstructure, two with tot seats. The issue of divided focus was discussed and it was felt that it was important to have parents be able to survey the play structure from a central point. After more discussion, the Commission concluded that Flanagan Sales and Game Time Playstructures were the two best plans. Lehman was asked ifhe could put six swings into his plan and he responded he would have to rework the plan to come up with the redesigned one and would look at the numbers. They have to include the additional cost of more safety surface in the proposal. He noted they also have single spring riders which could replace the double rider, and have seventeen models to choose from. PARKS, RECREATION AND NATURAL RESOURCES COMMISSION MINUTES March 2, 1998 Page 7 Further discussion ensued, and the consensus was that the contract should be awarded to Flanagan Sales, Inc. because they had the best layout and equipment supplied for the money. MOTION: Hilgeman moved, seconded by Stolar, to award the bid to Flanagan Sales, Inc. With the understanding that there will be a total of six swings, with City staff to determine the configuration, and one spring play event will be removed. Discussion ensued regarding why the location of the playground equipment was moved to its present location and Lambert responded it has to be outside the foul ball zone from the ball park and they do not have many other areas within the park which they can use. This is located on the main walkway and it should be one that is centrally located and visible from the parking lot. It will be about halfway between the tennis court and the parking lot. Fox commented the site details can be worked out later, and they expect the equipment will be installed in June. Motion carried 7-0. B. Rice Marsh Lake PlaY2round Proposals Bill Johnson, Flanagan Sales, Inc. reviewed the plans, noting this one includes four swings, is ADA accessible, has a 12' X 12' shelter, and a mixture of events for multiple age groups, including a 4-wheeler which many children find irresistible. Hilgeman inquired ifhe would be willing to remove the log roll and add two more swings, and he agreed that would work. Wilson asked where the spring riders were and Johnson responded they substituted the 4-wheeler for them. Hilgeman noted the plan does not show an ADA swing, and Johnson stated he could obtain one made by another manufacturer, but they did not make them. Sheldon Lucas, 1800 Palmer Circle, thanked the City for making the neighborhood aware of the projects being on the agenda and the Commission for making such good decisions. Todd Lehman, Minnesota Wisconsin Playground, Inc., Game Time Playstructures, reviewed his plan, noting it contained a 20 foot space shuttle, and two separate areas for different aged children. Hilgeman inquired if they could exchange the climbing area for six swings, and Lehman responded affirmatively, but they would have to put some in another area. They use the 5R surface -which is the only one that has received written approval by ASTM standards. Wilson asked if they make an ADA swing, and Lehman responded affirmatively. Brenda Wenner, Miracle Recreation Playstructures, noted again she created separate systems for different age groups. They have a shelter, and the swings as requested, PARKS, RECREATION AND NATURAL RESOURCES COMMISSION MINUTES March 2, 1998 Page 8 and the structures are ADA accessible. Hilgeman asked if they could eliminate the tot system and get two more swings and one spring animal in exchange and Wenner responded that could be done. Fox reviewed the proposal from Saint Croix Recreation Company, and noted that part of the plan was for 2-5 year olds and the remainder for older kids. Koenig asked if things could be moved around on these plans, and Fox responded affirmatively, but the proposals are based on the square footage of the safety surfacing which could change the cost of the systems. The Connnission discussed the proposals for Rice Marsh Lake, and it was noted that the people in the audience liked proposal #2. Discussion ensued regarding how long these play structures would last, and Lambert responded they were supposed to last for about 20 years. Some decks were painted and some were rubberized. Maintenance concerns were discussed. MOTION: Wilson moved, seconded by Hilgeman, to approve the proposal by Flanagan Sales, Inc. For the Rice Marsh Lake park with the elimination of the log roll, the addition of two more swings, and work with staff to more centrally locate the shelter. The ADA swing is to be purchased from another vender. Motion carried 7-0. C. Edenvale Homes Fox noted that staff received a plan which included screening and shrubs around the perimeter of the development which was acceptable. VII. NEW BUSINESS A. Conservation Area Mana~ement Plans and Concept Site Plans Lambert requested that they obtain quotes from consultants to do a Conservation Area Plan which would give the City a policy to manage all these areas. He reviewed the process which would be included in the plan. This would give everyone in the City information on what was happening with conservation areas throughout the City. He has submitted a grant request to the DNR to see if the City can get some funding to help cover the costs and there is some funding in the budget which can be used as well. They should request authorization from the City council to proceed with this project. MOTION: Hilgeman moved, seconded by Comeille, that the Parks, Recreation and Natural Resources Commission approves the Staff Memorandum dated 2/18/98 pertaining to Conservation Area Management Plans and Concept Site Plans. Motion carried 7-0. CITY COUNCIL AGENDA Date: Mar 17, 1998 Section: Consent Calendar Department: PRNR SUbject: Approval of Nine-Mile Creek Watershed Item No.: Robert A. Lambert, Director District Plans to Process with Phase of Smetana Lake TIL y', ~ Outlet Project RECOMMENDATION: City staff reconnnends the City Council authorize the Nine-Mile Creek Watershed District Board to proceed with Phase I of the Smetana Lake Outlet Project. The Nine-Mile Creek Watershed District has delayed this project for several months due to the changing development plans relating to the property on the north side ofthe lake. City staff concur with the Watershed District that it would be appropriate to construct the outlet control structure in Phase I and delay the other improvements until the City has a decision on development of all of the property on the north side of the lake. The additional parts of this project include construction of the Smetana Lane creek crossing and construction of the trail around the lake. The existing plan depicted a trail adjacent to Smetana Lane all the way out to Valley View Road; however, the discussions with the new property owner appears as though it may be feasible to develop a trail adjacent to the shoreline around the entire lake. If that appears feasible with the new development that will be proposed on the north side of the lake, the City would then petition the Watershed District to expand the trails portion in the second phase of this project. Staff would anticipate that the City will see a proposal for development ofthe property on the north shore ofthe lake within the next few months. NineMileIBob98 1 Nine Mile Creek Watershed District February 26, 1998 Mr. Bob Lambert City of Eden Prairie 8080 Mitchell Road Eden Prairie; MN 55344 Engineering Advisor: Barr Engineering Co. 8300 Norman Center Drive Suite 300 Minneapolis, MN 55437 Ph. 832-2600 Re: Smetana Lake Outlet Project Dear Mr. Lambert: Legal Advisor: Krebsbach & Haik 701 4th Avenue South Suite 500 Minneapolis, MN 55415 Ph. 333-7400 The Nine Mile Creek Watershed District has completed the construction documents for the Smetana Lake Outlet Project, in accordance with the petition submitted by the city of Eden Prairie. The necessary right-of-entry/right-of-construction from the adjacent property owners have been obtained, with the exception of John Kottke. For the past several months, the District has placed this project on temporary hold because of pending development plans for the Kottke, Klodt, and the Frank Smetana Sr. properties. Development plans for these properties could have an impact on the design and location of the Smetana Lane crossing improvements. In recent discussions with city staff, it does not appear that development of these properties is now imminent. The Board, therefore at the District's February 18, 1998 meeting, instructed staff to separate the project into two phases. The first Phase would include the construction of the lake outlet structure and the wetland control structure at Pearson's gravel driveway. The second Phase of the project would be the Smetana Lane crossing, should it be necessary. The proposed time schedule set by the Board is to authorize obtaining bids for the construction of Phase 1 at the District's March 18,1998 meeting, obtain bids, after March 18th, with a bid opening and award of the contract at the District's Apri115th meeting. Construction would likely begin approximately May 1st. Since this project is the result of a petition submitted by the city, the District is requesting confirmation and approval of this proposed plan, by the city, prior to the District's March 18th meeting. If the city has any questions or requests additional information, please contact either Paul Haik, 333-7400, or Bob Obermeyer, 832-2857. The District looks forward to working with the city in the completion of this project. Sincerely, ~ Aileen Kulak President, Board of Managers BCO/ymh c: Board of Managers Pam Haik Bob Obermeyer 2327444 \57441-J . Al7een f\ulaR -Bloommgton Board of Managers Floyd Laumann -Bloomington LuAnn Tolliver -Minnetonka Edward Schuck -Eden Prairie Bob Kojetin -Edina CITY COUNCIL AGENDA Date: Mar 17, 1998 Section: Consent Calendar Department: PRNR _~ Subject: Tax Forfeited Lands Item No.: Stuart A Fox, Manager of ]}[.z. Parks & Natural Resources Attached is a list from Hennepin County certified as non conservation classification list 1027-NC. These properties have been pronounced tax forfeit to the State of Minnesota for non payment of property taxes. As provided in State Statute 282, Hennepin County has requested the City to make a recommendation as to the disposal of these two parcels of land. The City can either approve the parcels for public auction, approve the parcels for sale to the adjacent property owner, withhold the property from auction for one year, or request conveyance of the property to the City for public use. The list of two parcels of property is described as follows: Parcel PIN Description Pending Specials 1 17-116-22-34-0022 Part of Outlot E, Fairfield of Eden Prairie -0- 2nd Addition 2 21-116-22-31-0034 Outlot A, Starring Lake Second Addition -0- BACKGROUND: The staff has reviewed these two parcels and have looked at the potential use of these parcels for public purposes. The stafffeels that both parcels do have use for public purposes and they would be as follows: Parcell is a remnant parcel that was created during the platting of Fairfield of Eden Prairie Second Addition. This approximately one-tenth acre parcel lies adjacent to the proposed Scenic Heights Road and the proposed Highway 212 corridor. This parcel would be useful for road right-of-way. Parcel 2 is a parcel that contains a storm water pond within Starring Lake Second Addition. The parcel of land currently has a drainage and utility easement covering it, which prohIbits any development of this parcel. The parcel would be used as park conservation property. RECOMMENDATION: Staff recommends that the City Council approve the resolution authorizing the disposal of the two parcels as public property under the control of the City. SAF:mdd Attachment: Resolution T axfor.memo/Stuart98 I CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION AUTHORIZING THE DISPOSAL OF TAX FORFEITED LAND WHEREAS, the City of Eden Prairie has received from the County of Hennepin Non- Conservation List 1027 -NC, which lists two (2) properties in said municipality which have become property of the State of Minnesota for non payment of real estate taxes, (list attached), and WHEREAS, provided in Minnesota Statute 282, the City Council is asked to determine the disposal of these parcels of land, and WHEREAS, the City can approve the parcels for public auction, or approve sale of the parcels to adjacent landowners, or request conveyance to the City for public use without monetary consideration, or request that the parcel be withheld from public auction for one year. NOW, THEREFORE, BE IT RESOL YED that the City of Eden Prairie does request the Board of Hennepin County to approve the disposal of these parcels in the following way: • The two (2) properties be classified as non-conservation land. • The following parcel be conveyed to the City of Eden Prairie for parkland purposes: PIN 21-116-22-31-0034 with no pending specials • The following parcel be conveyed to the City of Eden Prairie for roadway purposes: PIN 17-116-22-34-0022 with no pending specials ADOPTED by the City Council of the City of Eden Prairie this 17th day of March 1998. Jean L. Harris, Mayor John D. Frane, City Clerk SEAL C..N 1027 Conservation I Non-conservation List (61) CITY OF EDEN PRAIRIE Property ID Number Property Address PropertY Type cINe Target Area YfN Previous Owner Date of Judgment Date of Forfeiture "PAROE"L 1 11 17 11622 34 0022 TANDEM PROPERTIES 61 ADDRESS UNASSIGNED 04/18.194 P~2t.'e:L z.. I 21 116 22 3 1 0034 61 ADDRESS UNASSIGNED 09/18/97 SCENIC HEIGIITS INVESTMENT 04JI8/94 08121197 Land Value Building Value LAND $1,000 BLDG 0 LAND BLDG $100 o 27 Market Value $1,000 $100 Special Assessments Before Forfeiture { AS OF llf26197 I Legal Des.cription Tenants Vacant VACANT NONE OUTLOT E EXCEPT PART PLATTED IN FAIR· FIELD OF EDEN PRAIRIE 9rn ADDN FAIRFIELD OF EDEN PRAIRIE 2ND ADDITION NONE VACANT OUTLOT A STARRING LAKE 2ND ADDITION ~-------------- FAIRFIELD OF EDEI ,ANLEY TR 4TH ADDI IAIIIE 0, cr::: ' ~I 0:::' B;j ~N.EL 'Z. (2 1-II~-2.2.-3J-DO ~ ) (6) (I) ,..--. 5 ..... . •• •• 1~:) \.>111'1"0 ....... _ .. , ·---L,iA; .. C· ·40'E' :: ~ (79) j7; .. o o ~ @}) 3 (2 CITY COUNCIL AGENDA DATE: SECTION: CONSENT CALENDAR MARCH 17, 1998 DEPARTMENT: ITEM DESCRIPTION: ITEM NO. Cancel Council/Staff Workshop for ADMINISTRATION Tuesday, March 24, 1998 Regarding IV.AA. Transition Issues. Requested Action: Cancel Council/Staff workshop for Tuesday, March 24, 1998 regarding transition issues. Background Information: Workshop is cancelled due to absence of Council members. Fonn clhrlcouncillagn-fonn.wpd Rev 12/4/95 4 CITY COUNCIL AGENDA DATE: SECTION: CONSENT CALENDAR MARCH 17, 1998 DEPARTMENT: ITEM DESCRIPTION: ITEM NO. Set Council/Staff Workshop for Tuesday, nz: r3.B. ADMINISTRATION April 7, 1998 Requested Action: Set Council/Staff Workshop for Tuesday, April 7, 1998 at 6:30 PM regarding a possible Park Referendum. Background Information: Workshop will be to discuss funding options for Park system needs. Fonn clhrlcouncillagn-fonn.wpd Rev 12/4/95 EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 3-17-98 SECTION: PUBLIC HEARINGS ITEM NO. v.A. DEPARTMENT: ITEM DESCRIPTION: Community Development Chris Enger REGAL CINEMA Michael D. Franzen Requested Council Action: The Staff recommends that the Council take the following action: 1. Continue the proj ect to the April 7, 1998 City Council meeting as requested by the proponent. Supporting Reports: 1. Letter from Centres Group, Ltd. 03/10/1998 11:40 512-541-1285 caHRES CENTRES GROUP, A member of the Centres Group March 10, 1998 Eden Prairie City Council M.embers City of Eden Prairie 8080 Mitchell Road Eden Prairie, l\1N 55437 Dear Council Members: PAGE 02 LTD. Centres Group, Ltd. and Ryan Companies respectfully would request an extension of our city council presentation to the meeting immediately following the 3/17 meeting. The reason for the above request is that we are continuing to compile traffic and parking information regarding projects in this market, and our analysis will not be complete in time. Please let us know if this meets with your approval and also we would be happy to send a copy ofthis request to the neighbors regarding our delay. Kaare A. 'Birkeland KB:dmm L980310 cc: Bill McHale Tom Palmquist ~ Real Estate Development and Management 7.500 HighwClY 55, Suite 180, Minncapoli~1. MN 55427 (612) 541-1991 Fax e,6LZ) 541-1256 Headqll:uters: 3315 N. 124th St, Ste. E, Brookfield, WI ):3005 (414) 781-8760 Fax (414) 781-4333 EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 3-17-98 SECTION: PUBLIC HEARINGS ITEM NO. V. f;. DEPARTMENT: ITEM DESCRIPTION: Community Development Chris Enger EDEN PRAIRIE HIGH SCHOOL PHASE 3 Scott KillP_ EXPANSION Requested Council Action: The Staff recommends that the Council take the following action: 1. Close the Public Hearing; 2. Approve 1st Reading of the Ordinance for PUD District Review with waivers on 67 acres and Zoning District Amendment within the Public Zoning District on 67 acres; 3. Adopt the Resolution for PUD Concept Review on 67 acres; 4. Direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations (and Council conditions). Background: The project involves construction of a 86,818 square foot Activity Center and a 78,540 square foot Athletic bubble which were both approved for funding in the 1997 School District referendum. The following waivers will be necessary through the PUD for the project: • Building height to 42 feet for the activity center. Code maximum is 30 feet in the Public district. • Building height to 65 feet for the athletic bubble. Code maximum is 30 feet in the Public district. • Percentage of exterior building material for the athletic bubble. Code requires 75% face brick and glass. • Shoreland impervious surface of 62.4%. Code maximum is 30% The staff report recommends a screening wall be constructed around the mechanical inflation equipment so the City's noise ordinance standards of65 dBA(day), and 55 dBA(night) are not exceeded at the residential property line. The proponent has submitted a noise assessment which addresses the mechanical inflation equipment for a similar athletic bubble in Richfield. This assessment is based on the physical characteristics of the Richfield site and does not indicate the distance from the residential properties. The assessment estimates the noise level of 65 dBA for the equipment at three feet. If the assessment is accurately based on similar equipment, it could be assumed that the ordinance is met at the nearest residential property line 270 feet to the north. The proponent therefore, requests that the noise wall recommended in the staff report be eliminated. Planning Commission Recommendation The Commission voted 6-0 for approval. Parks, Recreation, and Natural Resources Commission Recommendation The Commission voted 7-0 for approval. They were concerned that the amount of impervious swface was too high. They also asked that the School District work closely with the adjacent neighbors to locate the proposed landscaping. Supporting Reports: 1. Resolutions 2. Staff Report dated February 20, 1998 3. Planning Commission Minutes dated February 23, 1998 4. Correspondence EDEN PRAIRIE HIGH SCHOOL PHASE 3 EXPANSION CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT REVIEW OF EDEN PRAIRIE HIGH SCHOOL FOR INDEPENDENT SCHOOL DISTRICT 272 WHEREAS, the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development (PUD) Concept Review of certain areas located within the City; and, WHEREAS, the City Planning Commission did conduct a public hearing on the Eden Prairie High School Phase 3 Expansion PUD Concept Review by Independent School District 272 and considered their request for approval for development (and waivers) and recommended approval of the requests to the City Council; and, WHEREAS, the City Council did consider the request on March 17, 1998; NOW, THEREFORE, BE IT RESOL VED by the City Council of Eden Prairie, Minnesota, as follows: 1. Eden Prairie High School Phase 3 Expansion, 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 dated March to, 1998. 3. That the PUD Concept meets the recommendations of the Planning Commission dated February 23, 1998. ADOPTED by the City Council of the City of Eden Prairie this 17th day of March, 1998. Jean L. Harris, Mayor ATTEST: John D. Frane, City Clerk Exhibit A Eden Prairie High School Phase 3 Expansion LEGAL DESCRIPTION COM AT SW COR OF SE 1/4 OF NW 1/4 TH (68 Acres) 'Henn. Cty. Property 1.0. #08-116-22 24 0002 Property Address: 17185 Valley View Road Unplatted 08 116 22 Independent School District 272 8100 School Road Eden Prairie, MN 55344-2233 EDEN PRAIRIE SCHOOL DISTRICT / HIGH SCHOOL CAMPUS LEGAL DESCRIPTION FOR PUBLIC NOTICE That part of the North Half of Section 8, Township 116, Range 22 described as follows: Commencing at the southwest comer of the Southeast Quarter of the Northwest Quarter of said Section 8; thence on an assumed bearing of North 1" degree 00 minutes 31 seconds West along the west line of said Southeast Quarter of the Northwest Quarter, a distance of 654.29 teet to the point ot beginning of the land to be described; thence South 53 degrees 53· minutes 02 seconds East, a distance of 184.26 feet; thence along a tangential curve concave to ~e north having a radius of S6Q.OO feet a central angle of 54 degrees 00 minutes 00 seconds and an arc length of 527.79 tect; thence easterly along a reverse curve concave to the south having a radius of 1010.00 feet a central angle of 33 degrees 13 minutes 02 seconds and a arc length· of 585.55 feet to a line 80.00 feet westerly of and parallel with the west line of the Northeast Quarter of said Section 8; thence North 0 degrees 43 minutes 06 seconds West along said parallel line, 3. distance of 526.27 teet; thence South 88 degrees 15 minutes 40 seconds East parallel with the south line of said north half of Section 13, a distance of 1324.51 feet to the westerly right of way line of County State Aid Highway No.4; thence North 1 degree 24 minutes 59 seconds West along said Co~nty State Aid Highway No.4 a distance of 946.64 feet to the westerly extension of the centerline of NORTH· HILLCREST COURT as laid out and dedicated in the recorded plat of HILLCREST COURTS, Hennepin County, Minnesota; thence North 88 degrees 12 minutes 14 seconds West along said westerly extension, a distance of 1792.05 feel, to the southeasterly right of way of the Chicago, Milwaukee and St. Paul Railroad Company; thence South 61 degrees 26 minutes 00 seconds West along said right of way, 3. distance of 850.34 feet, to the west line of the Northeast Quarter of the Northwest Quarter of said Section 8; thence South 1 degree 00 minutes 31 seconds East along the west lines of said Northeast Quarter of the Northwest Quarter and said Southeast Quarter of the Northwest Quarter, a distance of nos.n feet, to the point of beginning. Except those portions of the above property described in DOCUments No. 1362440 and 4759945. p STAFF BEPORT TO: THROUGH: FROM: DATE: SUBJECT: APPLICANTI FEE OWNER: LOCATION: REQUEST: Planning Commission Michael D. Franzen, City Planner Scott A. Kipp, Planner February 20, 1998 Eden Prairie High School Phase 3 Expansion Independent School District #272 17185 Valley View Road 1. Planned Unit Development Concept Review on 67 acres. 2. Planned Unit Development District Review on 67 acres. 3. Zoning District Amendment within the Public Zoning District on 67 acres. 4. Site Plan Review on 67 acres. 1 . • . • • • •• • • • • • • • • • • • • • • • • • . • • Staff Report Eden Prairie High School Phase 3 Expansion February 20, 1998 BACKGROUND . The Eden Prairie School District held a successful referendum last year for funding of the third phase of expansion for the Eden Prairie High School. This included an activity center and an athletic bubble for one of the football fields. Construction of the athletic bubble is anticipated in May of this year, with the activity center construction beginning in September. SITE PLAN The site plan depicts the construction of an 86,818 sq. ft. activity center and a 78,540 sq. ft. athletic bubble for one of the existing fields. The activity center will connect to the existing high school and does exceed the 50 foot structure setback requirement in the Public Zoning District. The athletic bubble, which is considered an accessory structure, is setback 60 feet from the residential lots to the north, and 48 feet from the railroad, exceeding the 30 feet required. Approximately 123 of the 1,180 total parking spaces will be lost due to construction. GRADING AND DRAINAGE No significant tree loss will take place with this project. All existing landscaping within the construction area will be relocated. A NURP pond was constructed in 1996 as part of the last expansion. The pond was designed to meet the additional runoff anticipated with this current proposal. Some additional storm sewer is proposed around the athletic bubble. SHORELAND ORDINANCE The school site lies within the Shoreland area of Round Lake. The Shoreland Code restricts the amount of impervious surface to 30% of the site. The 1996 expansion was approved with an impervious surface of 43.7%. Based on the phase 3 expansion, imperious surface will increase to 62.4%. A waiver through the PUD will be necessary. The waiver may have merit based on the following: • drainage from the impervious surface will be treated to NURP standards prior to discharge to Round Lake. • overall impervious surface around Round Lake is less than 30% due of the number of acres Staff Report Eden Prairie High School Phase 3 Expansion February 20, 1998 in park and public open space. • The site's impervious surface is approximately 300 feet from Round Lake. • this is the only high school facility to meet the district's needs. LANDSCAPING Based on the square footage of the expansion, a total of762 caliper inches of new plant material is required. The landscaping plan indicates a total of762 caliper inches, meeting code requirements. The majority of the plantings are proposed along the north property line to help buffer the school property from the residents to the north. All existing landscaping within the construction area will be relocated. ARCHITECTURE The proposed activity center will match the current architectural theme consisting of two different color face brick, aluminum panels, and glass. The percentage of brick and glass for the total building exceeds the 75% requirement of the City code. The plan shows rooftop mechanical equipment. City Code requires that all mechanical equipment be physically screened from public roads and differing land use. The plan uses "penthouse" units, which are small pre-assembled buildings that are designed to house the mechanical equipment. No equipment components will be visible, only an access door and louver. The proposed height for the activity center is 42 feet. City Code pennits a maximum height of 30 feet in the Public zoning district. A waiver through the PUD is necessary. The height is less than the 50 feet approved with the 1996 expansion, and is consistent with the scale ofthe existing facility. The athletic bubble is a 65 foot, air supported polyester fabric building. City Code permits a maximum height of 30 feet. In addition, the Code requires buildings in the Public zoning district to be constructed of75% face brick and glass. Waivers for building height and building material will be necessary. The inherent design and use for this structure necessitates the waiver request. A landscaping buffer plan has been submitted which provides a large concentration of evergreen trees along the north property line to help offset the structure height. The mechanical inflation equipment is located on the east side of the structure. This equipment will resuh in the generation of noise. The proponent should construct a screening enclosure so noise does not exceed a daytime L I 0 of 65 decibels, and nighttime L 1 0 of 55 decibels at the north property line, Staff Report Eden Prairie High School Phase 3 Expansion February 20, 1998 as required by City Code. The athletic bubble will be internally illuminated. RECOMMENDATIONS Staff would recommend approval of the PUD Concept Review on 67 acres, PUD District Review with waivers on 67 acres, Zoning District Amendment within the Public Zoning District on 67 acres, and Site Plan Review on 67 acres based on plans dated February 18, 1998, the Staff Report dated February 20, 1998 and the following: 1. Prior to City Council review, the proponent shall provide a plan that shows physical screening of the inflation equipment for the athletic bubble. 2. Prior to Building Permit issuance, the proponent shall: A Submit detailed storm water, utility and erosion control plans to the City Engineer and Watershed District for their review and approval. B. Submit detailed plans for review by the Building Department and Fire Marshal. C. Submit a final landscaping plan for review and approval by the City Planner. 9 PLANNING COMMISSION MINUTES February 23, 1998 Page 5 C. EDEN PRAIRIE HIGH SCHOOL PHASE 3 EXPANSION by Independent School District 272. Request for Planned Unit Development Concept Review on 67 acres, Planned Unit Development District Review with waivers on 67 acres, Zoning District Amendment, within the Public Zoning District on 67 acres and Site Plan Review on 67 acres. Location: 17185 Valley View Road (Continued Public Hearing). Michael Le Vetter representing Eden Prairie High School and Independent School District 272 reviewed the plans for the Activity Center and the turf field which will be covered by a bubble during inclement weather. This field will be available for other uses after regular school hours. The additions will not make parking a large factor in this development. The turf field is about ten feet lower in elevation than the adjacent neighborhood which will provide some screening. He described the additional screening efforts which will be done that will include planting trees and using landscaping to reduce the scale of the building. He showed a photo montage which represented how the bubble would appear from the adjacent residential properties and the buffering that will be done with evergreens. Foote asked how the bubble would be illuminated and LeV etter responded that it will appear to be lit all over because the bubble is made of a translucent material. Habicht asked how large the trees shown on the landscape plan would be, and Le Vetter responded they will use 750 caliper inches for the screening from the homes, which the montage does not illustrate as well. The height of the trees shown on the montage will be approximately fourteen feet in height when they are planted and will grow to about double that at maturity (about twenty years). Most of the trees shown on the plan will be between 10-12 feet in height when planted. Ismail inquired if the number of students attending EPHS will peak at 3,600 when will that occur. He also inquired if they would charge fees for use of the buildings at night. Steve Schultz, Activities Director at EPHS responded that enrollment will peak at EPHS within the next five years, and they are only about 1,000 students below that figure at present. Community Education will be developing a fee schedule for use of the Activity Center and Bubble before the construction of these facilities is completed. LeVetter commented that the noise level generated by activities within the bubble will be within the Noise Ordinance requirements. Sandstad inquired if the Stadium would be visible from the upper parking lot after the construction was completed, and Le Vetter responded it would be visible from the east entrance, but probably not from the western parking lot area. LeVetter explained that the Activity Center was intended to function in conjunction with both the bubble and the stadium and if the orientation of the building were changed it would be too far away from these other facilities to be useful. Sandstad asked about the ticketing and Le Vetter responded they have not yet made final decisions regarding this, but probably the existing ticketing will remain, and an additional ticketing area will be added adjacent to the plaza in front of the Activity Center. Sandstad asked how many parking spaces will be lost by these additions and Le Vetter responded they will lose 123 parking spaces. Wissner inquired how long the material used for the bubble /tJ PLANNING COMMISSION MINUTES February 23, 1998 Page 6 would last and Schultz responded it was supposed to last for 20 years. Wissner commented that perhaps in twenty years it may no longer be needed. LeVetter stated that the bubble gave them more flexibility for scheduling the physical education programs, and because the Activity Center is only going to contain six stations, the bubble will give them the additional two stations they need without the additional expense that a building would cost. Wissner stated she was concerned about the loss of the 123 parking spaces at the high school and LeV etter responded they would lose some parking no matter where the buildings were placed. Schultz stated the largest parking demand was for football games. They have auxiliary parking with Prairie View Elementary, the church and Immanuel Lutheran Church if needed. Franzen reviewed the staff report and noted staff recommended approval subject to the recommendations listed in the Staff Report. The Public Hearing was re-opened. Sharon Beard, 16691 Hillcrest Court North, asked about the sound levels that would emanate from the bubble and what they could be compared to. John Queter, Cunningham Group, responded that a highway would generate a noise level in the range of 70-80 decibels and the levels above 40 decibels were audible to a person inside a building. However, the highway noise was a constant noise level, which tends to be ignored after a while, and is less noticeable than a noise level which has sudden increases and decreases. The noise level from the bubble will be a constant sound which should be less annoying. Beard asked about the exterior lighting on the bubble and LeV etter responded they need to maintain about a 10 Footcandle level and in comparison the stadium is lit at about 50 Footcandles. He noted the lighting will be directed downward and should not impact the adjacent neighborhood. Beard asked about facilities for the bubble and LeV etter responded the pennanent structures inside the Activity Center would be used. Beard asked if the plaza outside the Activity Center will impact the existing plaza that was just redone. Le Vetter responded there has only been some sod laid in this area to reduce the mud, but nothing will impact the existing plaza. Discussion ensued regarding the height of the trees and the visibility of the buildings from the adjacent properties. Sandstad asked if there were any auxiliary uses for the Activity Center that they should know about. Le Vetter responded they hope to hold graduation ceremonies there at some time in the future, but that will not be possible until adequate seating can be added to the Activity Center. The floor in the Activity Center is a composition floor and not suitable for athletic competitions or similar events. Schultz commented the Activity Center will be available for use after school hours but they have not defined these uses. Such things as an antique show, basketball camps, etc. have been discussed as possible other uses for the buildings. The bubble area would be used for band practice or soccer practices and similar types of things. Le Vetter stated that the High School is a large Community Center and focal point for /1 PLANNING COMMISSION MINUTES February 23, 1998 Page 7 the entire community. He described the construction schedule. Wissner commented she was initially opposed to the bubble idea, but had come to realize the need and felt the temporary structure did not have the impact or cost factor of a pennanent building, and she supported the project. Sandstad supported the project with the stipulation that the lights outside the bubble reflect downward. Ismail stated he supported the project, and asked about the color of the bubble; LeVetter responded the bubble would be white in color. Habicht stated he had difficulty with the number of waivers associated with the project but supported it because this was what happens when a lot of building is done on a small area. Foote stated he was pleased by the amount of landscaping and screening that was going to be done, and he sincerely hoped the Community would have an opportunity to utilize these facilities. He supported the project; Clinton concurred. MOTION: Habicht moved, seconded by Wissner, to close the Public Hearing. Motion carried 6-0. MOTION: Habicht moved, seconded by Wissner to recommend to the City Council approval of the request of Independent School District 272 for Planned Unit Development Concept Review on 67 acres, Planned Unit Development District Review with waivers on 67 acres, Zoning District Amendment within the Public Zoning District on 67 acres, and Site Plan Review on 67 acres based on plans dated February 18, 1998 and subject to the recommendations of the Staff Report dated February 20, 1998 with the inclusion that the lighting outside the bubble be directed downwards. Motion carried 6-0. J-;" From: Brandt Silverman Tho Goodyear Tire and Rubber Company Fox: 612-924-4626 WI 612-976-9983 H Voice: 612-924-4666 To: City Council of Eden Prairie Page 2 of2 Friday. March 06.1998 10:17:66 AM March 6, 1998 To: Mr. Scott Kipp RE: Eden Prairie Sports "Bubble" cc: City Council of Eden Prairie From: Brandt & Pam Silverman Mr. Kipp, Per our conversation, \\le live at 17287 Rosalla Drive, \\lhich is just west of Eden Prairie High SchooL across Duck Lake Road. V/e purchased our home (in 1994) for many reasons, one of which \vas for our vie\v of Round Lake. We didn't anticipate that the High School would be expanding, and some of our lake view was reduced when the recent building addition was completed. Though we weren't happy about losing some of this view, and voted against that particular expansion, we followed the democratric process. As part of this building development, the High School planted numerous large trees by our backyard, and \ve are very pleased with this. Unfortunately, I have heard from two people within the City of Eden Prairie that this is a temporary placement. We ask that you keep the large trees where they are and add more as part of your plan. This is very important to us, as we have a sidewalk street, railroad tracks, and a high school in our backyard. The trees add a great deal to our enjoyment of our backyard. I have discussed this with our neighbors. and they agree that the trees are much appreciated. As you build the Sports Bubble, please keep in mind that we will see it everyday, hear its noise, and deal with its traffic. We "vill work with this better, if you help us in our quest to improve our enjoyment of the community by adding more large trees in the plan. Thank you, Brandt & Pam Silverman 17287 Rosalla Dr. Eden Prairie, ~'lN 55346 612-975-3695 /3 To: Through: From: Date: Subject: BACKGROUND: Memorandum Parks, Recreation and Natural Resources Commission Bob Lambert, Director of Parks, Recreation and Natural Resources Stuart A FOx,~ager of Parks and Natural Resources February 25, 1998 Supplemental Staff Report to the February 20, 1998 Community Development Staff Report Regarding Eden Prairie High School Phase III Expansion In 1997, the Eden Prairie School District passed a referendum for funding of the third phase of expansion for the Eden Prairie High School. The amenities within this referendum included an Activity Center and an athletic bubble over one of their existing practice football fields. Construction of these facilities is anticipated during the summer of 1998. NATURAL RESOURCE ISSUES: Shoreland Ordinance Within the staff report written by Senior Planner Scott Kipp, there are details regarding the waiver necessary for this project to proceed. Staffhas contacted the Watershed District and according to their consulting engineer the NURP ponds that were constructed as part of the Phase I construction were over sized enough to accommodate the runoff from these additional amenities. The Senior Planner Staff Report also outlines criteria for the merit of granting the waiver based on the following: • Drainage from the impervious surface will be treated to NURP standards prior to discharge into Round Lake. • Overall impervious surface around Round Lake is less than 30% due to the number of acres in the park and open space. • The site's impervious surface is approximately 300' from Round Lake. • This facility would serve to meet the District's needs. 1 Landscaping The landscaping required for this expansion is based on the square footage of the expansion. These calculations indicate that 762 caliper inches of new plant material is required. The majority of this landscape material is coniferous material and is being proposed along the northerly property line. This plant material will be used to buffer the view of the proposed turf bubble from the residents to the north. Staff would recommend that the School District officials, as well as their consulting architects, work closely with the adjacent property owners in order to locate the proposed landscape material and minimize the visual impact of the athletic bubble. Staff would also recommend that the School district follow through on their proposed relocation of the landscaping material that was salvaged during the Phase I construction. Quite a bit of this material is still in the holding area in the northwestern comer and should be utilized to supplement their campus planting under the original expansion plan. RECOMMENDATION: . This project was reviewed at the February 23, 1998 Planning Commission meeting and was approved on an unanimous 6-0 vote. Staff would recommend approval of the proposed Phase III as detailed in the February 20, 1997 Community Development Staff Report and the recommendations within this supplemental staff report. SAF:mdd HighSchool/Stuart98 2 PARKS, RECREATION AND NATURAL RESOURCES COMMISSION MINUTES March 2, 1998 Page 2 mostly remain on the site. Staff recommends that credit be given for transplanting small trees presently existing on the site, which will reduce the bonding for the developer but would allow them to use existing trees toward landscaping credit if they survive being transplanted. Koenig asked if the property extended to the ravine and Fox responded it goes down to the bottom of the slope. Kroiss stated the ravine was mainly located on different property. Hilgeman asked about the 37% tree loss and if the existing significant trees were included in the tree loss calculations. Fox responded negatively, noting those were given credit to provide an incentive for the proponent to save as many existing trees as possible. Lambert noted this was a property owner who planted these trees on his lot to enhance his home and the City of Eden Prairie. If the City wants people to plant trees on their property in the future they have to make sure they will not be penalized for planting trees on lots which could be subdivided in the future. Fox commented the developer will have to provide the bond for the landscaping which would be the same as ifhe was providing landscape material from a nursery or using existing trees from the property. Brown inquired why the number of homes could not be reduced so the tree loss would not be so significant. Lambert responded that the developer met the density requirement stipulated by the Zoning Ordinance the City could not require him to reduce the number oflots in the development, especially because he was removing trees he had planted. He reminded the Commission that the 30% figure was only a goal, and was not mandated by Ordinance. MOTION:Wilsonmoved, seconded by Comeille, to recommend approval of Maple Hill Addition based on the recommendations in the Community Development Staff Report dated February 20, 1998 and recommendations within the supplemental staff report dated February 25, 1998. Motion carried 7-0. B. Eden Prairie Hi&h School Activity Center/Turf Bubble Michael Darian representing Independent School District 272 and Jay Pomeroy who is the Landscape Architect were present. Pomeroy discussed the landscaping which will be done around the perimeter of the site and around the bubble to provide screening and buffering from the adjacent residential properties. There will be landscaping around the activity center also to mitigate the mass of the building and soften its appearance. He discussed the plants which will be included in the plan and the sizes of the plantings which will be used. He noted the heights of the trees used to screen the bubble would be varied to provide some interest as well as screening. PARKS, RECREATION AND NATURAL RESOURCES COMMISSION MINUTES March 2, 1998 Page 3 Fox gave the staff report and discussed the landscaping plan, which meets ordinance requirements. It also was approved by the Watershed District and the Planning Commission. Staff recommends approval with the stipulation that the School District work with adjacent property owners to buffer the bubble as much as possible. There was significant plant material which was stored in the northwest comer of the property and it should be used to supplement the landscaping for this project. Stolar asked how much of the material in the northwest comer will be left there, and Fox responded that most of the material came out of the area where the NURP ponds are and some of it was from the City realignment of Valley View Road. Lambert suggested there were going to be many people who will be surprised by the illuminated bubble which will be very visible at night, and he believed the proponents should work with adjacent residents to get the most effective screening possible. Darian stated they were willing to work with people as much as possible, but did not believe it would be possible to satisfy everyone. Pomeroy has talked with Scott Kipp about this and they have many trees to work with. Lambert stressed that the developer should do everything they can to satisfy people regarding this buffering issue. He stated that this will be very much like a 65 foot high by 300 foot long light bulb glowing in the dark right next to these people's homes. He suggested the School District do whatever is possible to work with neighbors to screen this facility from their homes. Hilgeman asked about the 30 ash trees and why there were so many. Pomeroy responded that they are being transplanted but are not new trees; they already existed on the site. Comeille commented he wished to emphasize that they need to work with the neighbors to locate the trees in the most effective manner to provide maximum screening and buffering. Wilson concurred, noting it was paramount that they work with the neighbors to complete the screening process in as satisfactory manner to as many residents as possible. Jacobson commented the impervious surface area meets the standard for water quality and yet Round Lake was still deteriorating, and he asked if there was something wrong with the NURP pond standard. Fox responded that there were many sources of water coming into Round Lake other than those from the NURP ponds on this site. This may be something that the City needs to review in the future. Pomeroy stated that on the EPHS site 98% of the water goes through the NURP ponds now, but this has not always been the case in the past. Koenig inquired how much area around the lake was open space and how much was not. Fox responded that information was not readily available but could be obtained from the City Engineer. 17 PARKS, RECREATION AND NATURAL RESOURCES COMMISSION MINUTES March 2, 1998 Page 4 Chair Brown introduced Steve Schultz, who is the Activity Director at Eden Prairie High school. Koenig asked about the noise levels from the bubble and Darian responded that the noise level from the bubble will be about 40 decibels or less than the general noise levels generated by traffic. It would be a constant noise level which will be less noticeable than a varying noise level would be. MOTION:Wilsonmoved, seconded by Stolar, to recommend approval ofthe Eden Prairie High School Activity Center and Turf Field Bubble Phase III as detailed in the February 20, 1998 Community Development Staff Report and the recommendations within the supplemental staff report dated February 25, 1998 MOTION: Jacobson moved, seconded by Brown, to amend the motion to add the stipulation that the proponent work with adjacent residents to achieve the most satisfactory buffering and screening plan possible. Motion carried 7-0. VI. OLD BUSINESS Fox noted that staff will be presenting equipment proposals for Hidden Ponds Park and Rice Marsh Lake Playground equipment separately. Each manufacturer's representative would have ten minutes to make a presentation of their equipment and then the Commission would discuss each proposal on it's merits and make a recommendation. Fox noted that the plan for Hidden Ponds would include some trail realignments. A. Hidden Ponds Park PlaYKround Proposals The first presentation was made by Dave Owen representing Earl F. Anderson -Play Sense, who described the proposed play area in detail. He noted he had proposed a different type of equipment to make the most ofthe City dollars, and this included a cross-shaped pole instead of a round one. This equipment is manufactured containing pre-determined components and the colors are not changeable. It comes "off-the- shelf' and is installed as is. He reviewed the plans for the park and the components that would be included. He descnbed the surface which would be placed under the play structures. He showed a sample of the materials that they are proposing to use in the play structure, and noted that it was guaranteed for two years completely. Lambert asked ifthere were any problems with the "T" shaped posts and the edges, as they appeared sharp to him. Owen responded that they seem to be working okay but it is always possible to be hurt on playground equipment. He showed a sample of the surface which will be underneath the play area. EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 3-17-98 SECTION: PUBLIC HEARINGS ITEM NO. ve· DEPARTMENT: ITEM DESCRIPTION: Community Development Chris Enger MAPLE HILL ADDITION Scott Kipp Requested Council Action: The Staff recommends that the Council take the following action: 1. Close the Public Hearing; 2. Adopt the Resolution for Preliminary Plat of3.64 acres into 6 lots within the existing Rl-22 Zoning District; 3. Direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations (and Council conditions). Background: The original request was for a rezonmg ofthe property to R1-13.5 and preliminary platting of8 singe family lots. The neighborhood and Planning Commission were not supportive of the rezoning due to the incompatible lot size with the surrounding R1-22 zoned property. The plans were revised to show a 6 lot subdivision meeting the existing Rl-22 zoning district. The rezoning request was withdrawn. Planning Commission Recommendation The Commission voted 6-0 for approval at its February 23, 1998 meeting. Parks, Recreation, and Natural Resources Commission Recommendation The Commission voted 7-0 for approval at its March 2, 1998 meeting. Supporting Reports: 1. Resolution 2. Staff Report dated January 9, 1998, February 6, 1998 and February 20, 1998 3. Planning Commission Minutes dated January 12, 1998, February 9, 1998 and February 23, 1998 4. Correspondence. MAPLE HILL ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. RESOLUTION APPROVING THE PRELIMINARY PLAT OF MAPLE HILL ADDITION FOR MSS HOLDINGS BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Maple Hill Addition for MSS Holdings dated March 10, 1998, consisting of3.64 acres into 6 lots, a copy of which is on file at the City Hall, is found to be in confonnance 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 17th day of March, 1998. Jean L. Harris, Mayor ATTEST: John D. Frane, City Clerk STAFF REPORT TO: THROUGH: FROM: DATE: SUBJECT: APPLICANT: FEE OWNER: LOCATION: REQUEST: Planning Commission Michael D. Franzen, City Planner Scott A. Kipp, Senior Planner January 9, 1998 Maple Hill Addition Steve Kroiss, MSS Holdings, LLC. William and Yvonne Hargens 9060 Staring Lane West 1. Zoning District Change from Rl-22 to R1-13.S on 3.64 acres. 2. Preliminary Plat of3.64 acres into 8 single-family lots and road right of way. 1 3 ., \ \ i \ i \ \ I \ i \ \ \ \ , - / Staff Report Maple Hill Addition January 9, 1998 BACKGROUND The Comprehensive Guide Plan identifies this site and surrounding sites for Low Density Residential land use up to 2.5 units per acre. The property is currently zoned Rl-22. Surrounding land uses consist of the Boulder Pointe single-family development to the north, zoned R1-l3.5, and existing Rl-22 single-family to the east, south and west. This is the first rezoning proposal along Staring Lane since the installation of municipal sewer and water in 1992. Prior to that time the previous six approved subdivisions along Staring Lane had to meet the Rl-22 design standards since the municipal service was not available. SITE PLAN The proposal is to rezone the property from Rl-22 to Rl-l3.5 for eight single-family homes at a density of 2.19 units per acre. Lot size varies between l3,548 sq. ft. and 25,410 sq. ft., with an average of 17,427 sq. ft., consistent with the abutting Boulder Pointe single-family lots to the north. Lot size within the Staring Lane area vary from 22,000 sq. ft. up to 4+ acres (see attachment). All setbacks are met for the R 1-13.5 zoning district. GRADING AND DRAINAGE A total of 1,422 caliper inches of significant trees are on the property. The trees are not part of a naturally occurring wooded area, but were planted by the property owner and consist mainly of silver maple and red cedar. Proposed tree loss is 37%, or 528 caliper inches. Tree replacement is 259 caliper inches. Staff supports giving credit of 150 caliper inches toward meeting the tree replacement requirement since an additional 150 caliper inches of existing non-significant planted trees will remain after development. Prior to City Council review, the proponent shall submit a tree replacement plan for 109 caliper inches. A NURP pond is proposed on the site. The proponent is offering to provide a cash contribution to the storm water utility in lieu of constructing the pond which serves a limited drainage area. The Watershed District must approve this proposal before it can be accepted. The Engineering Department is comfortable with either option. The proponent should revise the plans to show a drainage and utility easement over the proposed NURP pond area. UTILITIES City sewer and water is available to the site with connection to lines in Staring Lane. Staff Report Maple Hill Addition January 9,1998 SUMMARY The decision of whether the rezoning of the property to R 1-13.5 is consistent with the surrounding neighborhood should be based on the following: • This is the first rezoning proposal since the installation of municipal services. Prior to that time only the Rl-22 standards applied. • Future Rl-13.5 rezoning requests are now possible along Staring Lane with the municipal services in place. • The lot sizes are consistent with the Boulder Pointe development to the north. • The proposal is consistent with the Guide Plan and City Code. No variances are requested. • Due to existing site conditions and the grading for the road, similar tree impacts would result if the proposal met the Rl-22 standards. RECOMMENDATIONS I If the Planning Commission believes that the proposal is consistent with the existing neighborhood, then staff would recommend approval of the Zoning District Change from Rural to RI-13.5 on 3.64 acres and Preliminary Plat of3.64 acres into 8 single-family lots based on plans dated January 9, 1998, the staff report dated January 9, 1998, and the following: 1. Prior to City Council review, the proponent shall: A. Provide a tree replacement plan for 109 caliper inches. B. Show a drainage easement over the NURP pond area. 2. Prior to final plat, the proponent shall submit detailed stonn water runoff, utility and erosion control plans for review by the City Engineer and Watershed District. 3. Prior to grading pennit issuance, the proponent shall notify the City Engineer, Watershed District, and City Forester. Construction fencing to protect existing trees must be in place and approved by the City Forester prior to grading and tree removal. 4. Prior to building pennit issuance, the proponent shall: Staff Report Maple Hill Addition January 9, 1998 A. Pay the cash park fee. B. Provide a tree replacement surety according to code. n. If the Planning Commission believes that the proposal is not consistent with the existing neighborhood, then one option would be to develop the property meeting the existing Rl-22 zoning district standards. Staff recommends alternative I. STAFF REPORT TO: THROUGH: FROM: DATE: SUBJECT: APPLICANT: FEE OWNER: LOCATION: REQUEST: Planning Commission Michael D. Franzen, City Planner Scott A. Kipp, Senior Planner February 6, 1998 Maple Hill Addition Steve Kroiss, MSS Holdings, LLC. William and Yvonne Hargens 9060 Staring Lane West 1. Zoning District Change from Rl-22 to Rl-13.5 on 3.64 acres. 2. Preliminary Plat of3.64 acres into 8 single-family lots and road right of way. 2 \\l~ ti ,'31-1:>.1.1 K ,. '01:1 '0:;' Staff Report Maple Hill Addition February 6, 1998 BACKGROUND This project was continued at the January 9, 1998 Planning Commission with the Commission directing the proponent to revise the plans from an 8 lot, to a 7 lot subdivision within the Rl-22 zoning district, requiring lot size variances. If the Planning Commission recommends approval of the revised plans as submitted, Staff will publish the project for City Council review as a preliminary plat of 3.64 acres into 7 single-family lots within the Rl-22 zoning district. SITE PLAN The plan has been revised for 7 single-family lots. The density of the project has been reduced from 2.19 units per acre to 1.92 units per acre. Lot size vary between 15,543 sq. ft. and 24,745 sq. ft., with an average of 19,960 sq. ft. Lot size within the Staring Lane area vary from 22,000 sq. ft. up to 4+ acres. The R 1-22 zoning district requires a minimum lot size of 22, 000 square feet. All lots except lot 5 are under the minimum lot size and will require variances from the Board of Appeals. The Rl-22 zoning district requires a minimum lot frontage of90 feet (55 feet on the radius ofa cul- de-sac). Lot 2 will is shown with a 78.24 foot frontage and will require a variance from the Board of Appeals. GRADING AND DRAINAGE A total of 1,422 caliper inches of significant trees are on the property. Proposed tree loss has remained the same at 37% with the 7 lot plan. Tree replacement is 259 caliper inches. Staff supports giving credit of 150 caliper inches toward meeting the tree replacement requirement since an additional 150 caliper inches of existing non-significant planted trees will remain after development. Prior to City Council review, the proponent shall submit a tree replacement plan for 109 caliper inches. The proponent is offering to provide a cash contribution to the storm water utility in lieu of constructing the NURP pond which serves a limited drainage area. The Engineering Department is comfortable with either option. The Planning Commission supported the cash contnbution option. However, the Watershed District must approve this proposal before it can be accepted. /eJ Staff Report Maple Hill Addition February 6,1998 RECOMMENDATIONS Staff would recommend approval of the Preliminary Plat of3.64 acres into 7 single-family lots within the RI-22 zoning district based on plans dated February 6, 1998, the staifreport dated February 6, 1998, and the following: 1. Prior to City Council review, the proponent shall: A. Provide a tree replacement plan for 109 caliper inches. B. Show a drainage easement over the NURP pond area. 2. Prior to final plat, the proponent shall submit detailed stonn water runoff, utility and erosion control plans for review by the City Engineer and Watershed District. 3. Prior to grading permit issuance, the proponent shall notify the City Engineer, Watershed District, and City Forester. Construction fencing to protect existing trees must be in place and approved by the City Forester prior to grading and tree removal. 4. Prior to building permit issuance, the proponent shall: A. Pay the cash park fee. B. Provide a tree replacement surety according to code. tI STAFF REPORT TO: THROUGH: FROM: DATE: SUBJECT: APPLICANT: FEE OWNER: LOCATION: REQUEST: Planning Commission Michael D. Franzen, City Planner Scott A. Kipp, Senior Planner February 20, 1998 Maple Hill Addition Steve Kroiss, MSS Holdings, LLC. William and Yvonne Hargens 9060 Staring Lane West 1. Zoning District Change from Rl-22 to Rl-13.5 on 3.64 acres. 2. Preliminary Plat of3.64 acres into 8 single-family lots and road right of way. 1 \ \ \ \ j \ J Staff Report Maple Hill Addition February 20, 1998 BACKGROUND This project was continued at the February 9, 1998 Planning Commission with the Commission directing the proponent to revise the plans to meet the existing Rl-22 zoning district. If the Planning Commission recommends approval of the revised plans as submitted, Staff will publish the project for City Council review as a preliminary plat of3.64 acres into 6 single-family lots within the Rl-22 zoning district. SITE PLAN The plan has been revised for 6 single-family lots. The density of the project is 1.6 units per acre. Lot size vary between 22,511 sq. ft. and 24,202 sq. ft., with an average of23,235 sq. ft. Lot size within the Staring Lane area vary from 22,000 sq. ft. up to 4+ acres. The RI-22 zoning district requires a minimum lot size of 22,000 square feet, and a minimum lot frontage of90 feet (55 feet on the radius of a cul-de-sac). All lots meet the requirements ofthe Rl- 22 zoning district. GRADING AND DRAINAGE A total of 1,422 caliper inches of significant trees are on the property. Proposed tree loss is 37% with the 6 lot plan. Tree replacement is 259 caliper inches. Staff supports giving credit of 150 caliper inches toward meeting the tree replacement requirement since an additional 150 caliper inches of existing non-significant planted trees will remain after development. Prior to City Council review, the proponent shall submit a tree replacement plan for 109 caliper inches. The proponent is offering to provide a cash contribution to the storm water utility in lieu of constructing the proposed NURP pond which serves a limited drainage area. The Engineering Department is comfortable with either option. The Planning Commission supported the cash contribution option. However, the Watershed District must approve this proposal before it can be accepted. RECOMMENDATIONS Staff would recommend approval of the PreIirninary Plat of3.64 acres into 6 single-family lots within the RI-22 zoning district based on plans dated February 13, 1998, the staff report dated February 20, 1998, and the following: 1. Prior to City Council review, the proponent shall: If- Staff Report Maple Hill Addition February 20, 1998 A. Provide a tree replacement plan for 109 caliper inches. B. Show a drainage easement over the NURP pond area. 2. Prior to final plat, the proponent shall submit detailed storm water runoff, utility and erosion control plans for review by the City Engineer and Watershed District. 3. Prior to grading permit issuance, the proponent shall notify the City Engineer, Watershed District, and City Forester. Construction fencing to protect existing trees must be in place and approved by the City Forester prior to grading and tree removal. 4. Prior to building permit issuance, the proponent shall: A. Pay the cash park fee. B. Provide a tree replacement surety according to code. Planning Commission Minutes January 12, 1998 IV. PUBLIC HEARINGS A. MAPLE ADDITION by MSS Holdings. Request for Rezoning from RI-22 to Rl-13.5 on 3.64 acres and Preliminary Plat of 3.64 acres into 8 lots. Location: 9060 Staring Lane West. Beth Andrews, representing MSS Holdings, explained their proposal is to subdivide 3.64 acres into eight lots and the average lot size will be slightly over 17,000 square feet. They will be custom grading all of the lots in keeping as much trees and natural terrain as possible and adding retaining walls where they need to be added in order to save trees. A landscaping plan has been submitted to the Parks and Recreation Department to replace any trees lost. The tree loss is approximately 37 percent which is mainly just for the building pads and the houses that are going in. She noted the plan is similar to the Boulder Pointe subdivision to the north. They have several people that are interested now in doing custom homes that are going to fit in with the more natural sloping. Most of the lots are going to be walkout lots that will be customized. She explained why there is a new location for the NURP pond and pointed it out on the map. Steve Kroiss, representing MSS Holdings, commented they would like to produce the same type of homes they did at the Sunnybrook Woods project, similar in character and looks. He reviewed the similarities between the two projects. Franzen reviewed the staff report with the Commission and explained why there are two different possible conclusions listed in the staff report. He noted the trees on the property were planted by the owner and the City still views those as significant trees as defined by ordinance. He also noted the tree loss isn't related to the number of lots on the property but it has to do with the grading in the cul-de-sac. The public hearing was opened. Bob Broich, 9105 West Staring Lane, noted they live directly west of this property. He and his wife have 2.9 acres there and came to the City a couple of years ago asking to subdivide four acres into two lots. They like the homes that are built by Kroiss Builders and understands he has the right to develop the property but he was opposed to the rezoning. With the current zoning, 2 If:; Planning Commission Minutes January 12, 1998 he could put six houses in there and he thinks it's too much. He would like to see bigger lots, not smaller lots next door to them. He was concerned about the tree loss being too high and would hate to see that many trees lost. This will also open the door for the other lots in that area to be rezoned, thus, putting more houses into that area which he was opposed to. He has a big lot with a high priced house and was afraid that more houses is going to effect the value of his property. He was also concerned about the retaining walls they are proposing that they will be directly looking at. It was his understanding each of those levels could be up to five feet high which is 20 feet added to the height of that lot. He would also rather see them replace the trees with the same amount of inches they cut down. He noted he was not aware the property was for sale, and if he knew, he would have bought it himself. Harold Shrenkel, 9090 West Staring Lane, commented he was opposed to the RI-13.5 and does not feel the smaller lots fit in with the neighborhood. The neighborhood has more larger lots and the neighbors like their elbow room and the surrounding trees that are on most of the properties. He would like to see the lots stay as big as the zoning allows. He was also concerned that the smaller lots would depreciate the surrounding properties. Bob Hebrink, 8990 West Staring Lane, commented he was not against the zoning fundamentally as it stands, but he was opposed to the amount of homes. He likes the trees and was opposed to the amount of tree loss. He was concerned about where the NURP pond was going to be located because he was concerned about the drainage pattern. He was also opposed to the retaining walls and was concerned about the double drainage of that property. Larry Link, 9160 West Staring Lane, noted his property is three lots down from where the proposed development is going to be. His biggest concern was the change in the lot size. There are very few places left in Eden Prairie to have lots of this size and he enjoys the wildlife that comes with having that. He had no problem with the development but would like to see them maintain the lot size. He was also concerned with the traffic eight new families are going to add on West Staring Lane and Ridge Road. He commented they have so few neighborhoods like this in Eden Prairie and asked the City not to give them all away. Donna Hart, 9061 East Sunrise Circle, noted their property is northwest of 3 17 Planning Commission Minutes January 12, 1998 this development and have lived there for 20 years. She said she was opposed to having smaller lots and the retaining walls because they will be looking up at them. She was concerned this would depreciate the value of their home. She was opposed to the tree loss percentage because they are not replacing with the same size trees that they take out. She would like to see more of the trees left because they will be looking up at retaining walls in the back of their house. She was also opposed to having so many homes out there. They need to go from large lots to medium lots to small lots because there is no buffer zone. Paul Edwardson, 9037 West Staring Lane, was concerned about the density proposed but was not against developing these lots. He likes the area, its quietness and spaciousness, and there's not a lot of traffic. He had a concern about the City plan description that talks about the average lot size of 17,000 square feet being consistent with the abutting Boulder Pointe single family lots. He said this is going to be part of the Staring Lane neighborhood, not the Boulder Pointe neighborhood, and believes these homes should be consistent with what's in the Staring Lane neighborhood which is larger lots and less homes. He was not against homes being put in there but he would like to see the number of homes drop a little. He was also concerned about the increase in traffic as a result of this development. Janet Rearing, 8997 West Hill Point, said they have about an acre in the back which is a natural basin. She has four children and doesn't want the retaining walls on the project. When they bought the property they were told it would stay natural. The project engineer did say there was a possibility of a waiver so they didn't have these retaining walls. When the Mississippi overflowed there was a natural pond and there was no overflow. She thinks there's plenty of area for drainage. They had no problem with natural drainage. ,If they could file a waiver, it would save these people the problem of a retaining wall. Kroiss stated he only really needs the retaining walls on one particular lot, the lot that abuts the NURP pond. He's only doing that because of the NURP pond otherwise he would not needs walls there at all. There was a proposal that talked about the possibility of looking at a cash situation with the City on the NURP pond. He said he can go either way on that. It's not a problem for them. He would only need retaining walls on one lot. Foote asked if staff preferred the NURP pond or the cash instead. Gray explained why staff would prefer a long term solution and would feel 4 /f Planning Commis~ion Minutes January 12, 1998 comfortable with a later retro-fit solution. Ismail asked if the economy would enable them to lower the development down to six lots instead of eight. Kroiss replied seven is doable and six is pretty tough economically. It's all an economic situation. He said their goal is to bring affordable housing into the City. He's trying to market the lots in the $60,000 to $80,000 price range instead of $100,000. They can do six homes but the price will just go up. Habicht was not comfortable changing the zoning to Rl-13.5 in this instance and part of the argument raised for changing the zoning was the fact that this property abuts Boulder Pointe to the north. He thinks, in reality, less than 20 percent of this property actually abuts that area, and probably 80 percent is Staring Lane. He feels they are going to have the same tree loss with six or seven houses. There is no density transfer here and nothing to really justify smaller lots other than the economics. The property should stay at Rl-22 because that's the character of the neighborhood. He was also concerned about setting a precedent. Foote said he was concerned about the NURP pond and the retaining walls but those issues have been addressed already. He appreciated Mr. Kroiss' attempt at keeping the lot price down but he also does not want to see six half million dollar homes go up either. Habicht asked what waivers would be required for the average lot size if this were kept RI-22 assuming the lot size meets the RI-22 standard. Franzen explained the waivers that would be needed. Habicht recommended staying with the Rl-22 zoning because that's what was there before and that's what the other people built on and they have the larger lot size. It just does not seem right to change one piece of that property to RI-13.5 zoning when everything else in the area is RI-22. Wissner commented she has driven by this area and it has a certain charm to it. She was concerned about setting a precedent for other people starting to develop there in the future. She would be more comfortable supporting the project with the removal of one lot making it seven lots. Sandstad commented with the likely removal of the retaining walls and the different solution for the ponding, he was more comfortable with the project and supported the eight lots. 5 Planninq Commission Minutes January 12, 1998 Bob Broich said keeping it at eight lots is setting a rezoning precedent. This could mean 15 to 20 additional houses for that area if all the lots get to be rezoned. He said the Commission should listen to the residents and the people that live around the property. This is not what they are looking for. Clinton stated he would be more inclined to keep it at Rl-22 as opposed to Rl-13.5. Foote said he would support either Rl-22 or Rl-13.5 because he was not that concerned about it. He would like to eliminate one lot which makes the lots larger if they don't comply with Rl-22. His biggest concern is the NURP pond and eliminating the retaining walls. MOTION 1: Sandstad moved, seconded by Foote, to close the public hearing. Motion carried 7-0. MOTION 2: Foote moved, seconded by Wissner, to remove the motion to close the public hearing. Motion carried 7-0. MOTION 3: Foote moved, seconded by Wissner, to continue the public hearing for 30 days and to direct the developer to come back with a plan for seven lots with Rl-22 zoning, with variances, and the removal of the retaining wall and the NURP pond. Motion carried 5-2 with the no votes by Alexander and Sandstad. Franzen noted because this isn't a Planned Unit Development, the Planning Commission will not be able to take action on a variance from any of the requirements of the Rl-22 District. That will be left up to the Board of Appeals and Adjustments to make that recommendation. 6 Planning Commission Minutes February 9, 1998 IV. PUBLIC HEARINGS Continued from January 12, 1998: A. MAPLE ADDITION by MSS Holdings. Request for Rezoning from Rl-22 to Rl-13.5 on 3.64 acres and Preliminary Plat of 3.64 acres into 8 lots. Location: 9060 Staring Lane West. Kipp reviewed the staff report and noted this project was continued at the January 12, 1998 Planning Commission meeting with direction that the proponent revise the plan from eight to seven lots, and pursue variances for lot size within the existing Rl-22 Zoning District. The plans have been revised for that direction. The tree loss has not changed and still remains at 37 percent, and staffis still asking for tree replacement of 109 caliper inches. The density has been reduced from 2.19 units per acre to 1.92 units per acre. The lot size has increased approximately 2,000 square feet per lot for an average lot size of 19,960 square feet. Minimum lot size within that zoning district is 22,000. Clinton announced they would open up the public hearing even though the developer was not present. The public hearing was opened. Bob Broich, 9105 Mitchell Road, commented homes priced at $275,000 to $350,000 are not affordable homes as stated by Mr. Kroiss. He presented a printout from Burnet Realty reflecting 60 homes up for sale in Eden Prairie valued from $250,000 to $375,000. He does not see this as a shortage as referred to by Mr. Kroiss. The amount of homes for sale combined with the new land available for rezoning and the expansion of the MUSA line in Eden Prairie offsets any need for rezoning this parcel. He also made reference to an article in the Eden Prairie newspaper that said the City is ahead of their goals as far as affordable housing is concerned. He pointed out on the colored map all the neighbors who signed the petition against this rezoning. He didn't understand how the Commission could grant this rezoning with the opposition from the neighborhood. This will only cause the neighborhood to loose all it's great chatm. He said 37 percent tree loss is a little bit over what the City likes and was concerned about cutting down all the beautiful trees to accommodate one or two more houses. He would like the zoning to stay the way it is and for no variances to be granted. 2 eJ-1 Planning Commission Minutes February 9, 1998 Kathleen Schwankl, 9090 West Staring Lane, noted they own the land that borders the south and west side of this property. She was concerned the added collection of water will impact their property due to the density of this project and the steeper grading. The outlot from the cul-de-sac will not provide the entire solution to the storm drainage issue and there is no grading down below that gives an outlet for any water collection. It would have collected in a NURP pond but that's been eliminated. She was concerned about the cash distribution to the sewer and water fund that's been recommended because if and when her property is developed, the existing collection area would be reconstructed and that could be expensive. She asked what portion does the City take responsibility and what would be her portion. Gray explained the project and how it could be applied to a more regional project. He noted they would pay the same proportion as Maple Hills based on the amount of property they have. Broich commented seven lots will also require rezoning and that's what he and the neighbors are opposed to. They are opposed to seven lots as much as they are the eight. They would rather see three lots but they can live with six. The issue is rezoning. Six lots would comply with the zoning as it stands now. Foote said when the Commission instructed Mr. Kroiss to remove one lot, he was under the impression that it would probably fit within the realm of the Rl-22 zoning district and will need a variance on one or two lots, not six of the seven as proposed. His concern is how the Board of Appeals is going to look at this. Kipp explained the Board of Appeals is first going to ask the developer for the hardship involved in granting the variances. The question of hardship would need to be answered and given six ofthe seven lots need variances, it would be difficult. Sandstad said he has been lukewarm in supporting the original project but the Commission, as a whole, decided it was too many lots and made the decision to not go with the RI-13.5 zoning. If that decision stands, he doesn't see how the Commission can approve the whole plat when virtually none of the lots meet the standard. In his opinion, that is improper action. Foote agreed with Sandstad. 3 Planning Commission Minutes February 9, 1998 Foote commented when the Commission originally talked with Mr. Kroiss, he pretty much said he would be able to fit all the lots with the exception of one within the RI-22 zoning district. Now it turns out none of them fit except one. He felt the Commission should fall back to Rl-13.5 with seven lots or go to Rl-22 with six lots. He doesn't want to put the Board of Appeals into a situation of granting these kinds of variances. Alexander supported the Rl-22 zoning. Clinton said he shared the same concerns as the other commissioners. If they add up the lot size and divide it by 22,000 sq. ft., they would get six lots instead of seven. He said Mr. Kroiss was concerned about pricing but he doesn't feel it would terribly effect the price of the homes that much. Foote said he would be more concerned about the pricing if this was affordable housing but $275,000 is still well above any kind of affordable range. Kipp stated if the Commission is looking at passing their motion not to rezone the property, rather than specify any particular number of lots, they may just want to recommend revising the plans to meet the existing Rl-22 zoning district. Sandstad continued to support the seven lots just as he did the eight lots, just to get away from pushing the cost up. He still thought traffic is not a significant issue and it would be reasonable to develop to RI-13.5 in a larger area which is before them now. He said he was not sure of the advisability of the Rl-13.5 because the Commission is obligated to deal with the proponent's request on a case value. Kipp explained what the Commission's options are. MOTION 1: Foote moved, seconded by Alexander, to continue the public hearing for 30 days to reevaluate the proposal for the existing Rl-22 zoning district. Motion carried 3-1 with the no vote by Sandstad. 4 Planning Commission Minutes February 23, 1998 IV. PUBLIC HEARINGS A. MAPLE ADDITION by MSS Holdings. Request for Rezoning From RI-22 to Rl- 13.5 on 3.64 acres and Preliminary Plat of 3.64 acres into 8 lots. Location: 9060 Staring Lane West (Continued Public Hearing). Steve Kroiss, MSS Holdings, LLC, reviewed the changes made to the proposal which has been reduced to six single family lots from the original eight lots, and he requested approval of the rezoning and preliminary plat. Franzen noted that staff recommended approval of the requests subject to the stipulations listed in the staff report. The Public Hearing was re-opened. No one present wished to speak. MOTION: Wissner moved, seconded by Habicht, to close the Public Hearing. Motion carried 6-0. MOTION: Wissner moved, seconded by Habicht, to recommend to the City Council approval of the request ofMSS Holdings for Preliminary Plat of3.64 acres into 6 lots within the existing RI-22 zoning district based on plans dated February l3, 1998 and subject to the recommendations of the Staff Report dated February 20, 1998. Motion carried 6-0. Date: To: From: Regarding: Contents: Febraury 1, 1998 Eden Prairie Planning Commission Robert & Jean Broich 9105 Mitchell Road Eden Prairie, 55347 Rezoning of 9060 Staring Lane West 1) Petition opposing the rezoning 2) Color coded map with color key showing: 1 -The site proposed for rezoning 2 -Neighbors that are opposed to the rezoning 3 -Neighbors not home at the time of petitioning 4 -Neighbors in favor of rezoning Thank you for including this in the record and distributing it to the members of the planning commission. .;-- ,We the undersigned oppose the rezoning of the parcel located at 9060 Staring Lane from R 1-22 to R1-13.5. ·/ ~:-,I' ,/ .; -(.0 i (:,'l/j(:( \ CC"'--j . 1/ / ~ Je21 .' ·-:.;-k."·' '-4 i,,_ Vo...J. / _ 9/ &,0 tJ. s-f-"" tJ L, .. -e 9 3'/-<l'}-9 ~-. . ,';< .. 9/(,0 Jj-~J-d$v 9J't/-11''1'5'". q J~D w, LV),93Y-Y5/J:·· 91 s-s-' 5.M.L~S, L~ <]31-llll~ /5; '1 i ;z. cl.-r ft ,,/ e rk. ~ 9 Ph -z. 'i?t7(, Inn 7ZtM 120 ~~fZ{t:: 9t76-2~ We the undersigned oppose the rezoning of the parcel located at 9060 Staring Lane from R1-22 to R1-13.5. " 7 /. q (q y f a04-s174,L-f~ jJ LCA tv L ~ J (,N r' (~J'f-; <. ~cfl1 w~·,tI rDt'" +e SJ91/~ ~ /j I pt· f· (}jt/J·ni L j 1 . v I I ! i To: Through: From: Date: Subject: BACKGROUND: Memorandum Parks, Recreation and Natural Resources Commission 1 i Bob Lambert, Director of Parks, Recreation and Natural Resources Stuart A. FO~nager of Parks and Natural Resources February 25, 1998 Supplemental Staff Report to the February 20, 1998 Cormnumty Development Staff Report Regarding Maple Hill Addition This proposed project is located on West Staring Lane and involves 3.64 acres ofland. Currently, the zoning is RI-22 and the developer's proposing six single family lots within the Rl-22 zoning district. NATURAL RESOURCE ISSUES Tree Loss/Replacement There is a total of87 trees that are defined as significant by City Code on this property. These trees total 1,422 diameter inches. Thirty-seven trees would be lost due to grading for a total of 528 diameter inches. This converts to a 37% loss of significant trees on the site. The tree replacement required for mitigation of this tree loss is 259 caliper inches of replacement trees. This property is a large single family lot with many planted trees. A lot of the trees that are planted on the perimeter were planted to provide screening from adjacent properties. The staffhas taken this factor into consideration and also realizes that a lot of the trees that were planted on the property have the capability of either being moved to a new site with a tree spade or remaining following grading. Because of those factors, the staff is recommending a credit of 150 inches toward the mitigation plan required for this project. Some of the trees that are remaining on the site will be ash, maple, cedar, silver maple, oak, Black Hills spruce, and Colorado spruce. The staff has spoken with the developer about this fact, and has requested that a landscape plan be submitted for 109 caliper inches of replacement trees. The developer would have to bond for 259 inches of tree replacement in the event that any trees died as a result of construction activity. NURP Pond The proponent is offering to provide a cash contribution to the storm water utility in lieu of constructing an NURP pond. This project bas been reviewed by the City Engineering Department and is currently being reviewed by the Watershed District. Based on the outcome of the Watershed District review, the developer may be required to put an NURP pond in the northerly comer of the project. If this is required by the Watershed District, the NURP pond will serve the for runoff from the proposed street and pretreat the water prior to discharge into a dry pond on the Jilortherly boundary. Sidewalks and Trails There are no proposed sidewalks or trails in conjunction with this development. No sidewalks or trails are proposed in the Comprehensive Park Plan for West Staring Lane. RECOMMENDATION: This project was reviewed at the February 23, 1998 Planning Commission meeting. The project was approved by a 6-0 vote. Staff would recommend approval of this project based on the recommendations in the Community Development Staff Report of February 20, 1998 and the recommendations within this supplemental staff report. SAF:mdd MapleHill.memoiStuart98 31 UNAPPROVED MINUTES PARKS, RECREATION AND NATURAL RESOURCES COMMISSION MONDAY, MARCH 2, 1998 COMMISSION MEMBERS: STUDENT MEMBERS: COMMISSION STAFF: I. ROLLCALL Elizabeth Cook was absent. II. APPROYAL OF AGENDA 7:00 P.M. CITY CENTER 8080 MITCHELL ROAD COUNCIL CHAMBERS Richard Brown, Chair, Frantz Comeille, Claire Hilgeman, Don Jacobson, Vicki Koenig, Glenn Stolar, John Wilson Elizabeth Cook, Stacy Enger Robert A. Lambert, Director of Parks, Recreation and Natural Resources, Stuart A. Fox, Manager of Parks and Natural Resources, Laurie Helling, Manager of Recreation Services, and Barbara Anderson, City Recorder Koenig requested that an update on Eden Vale Homes be added under Old Business. MOTION:Stolar moved, seconded by Koenig, to approve the Agenda as amended. Motion carried 7-0. III. APPROVAL OF MINUTES -JANUARY 5. 1998 MOTION:Wilsonmoved, seconded by Hilgeman, to approve the January 5, 1998 Minutes of the Parks, Recreation and Natural Resources Commission as submitted. Motion carried 7-0. IV. PETITIONS. REOUESTS AND COMMUNICATIONS V. DEVELOPMENT PROPOSALS A. Maple Addition Steve Kroiss reviewed the development plans and requested approval from the Commission. Fox gave the staff report and noted that staff recommended approval of the project. He noted that because it was an existing large single family lot there were many large trees that were originally planted around the perimeter which will PARKS, RECREATION AND NATURAL RESOURCES COMMISSION MINUTES March 2, 1998 Page 2 mostly remain on the site. Staff recommends that credit be given for transplanting small trees presently existing on the site, which will reduce the bonding for the developer but would allow them to use existing trees toward landscaping credit if they survive being transplanted. Koenig asked if the property extended to the ravine and Fox responded it goes down to the bottom of the slope. Kroiss stated the ravine was mainly located on different property. Hilgeman asked about the 37% tree loss and if the existing significant trees were included in the tree loss calculations. Fox responded negatively, noting those were given credit to provide an incentive for the proponent to save as many existing trees as possible. Lambert noted this was a property owner who planted these trees on his lot to enhance his home and the City of Eden Prairie. If the City wants people to plant trees on their property in the future they have to make sure they will not be penalized for planting trees on lots which could be subdivided in the future. Fox commented the developer will have to provide the bond for the landscaping which would be the same as ifhe was providing landscape material from a nursery or using existing trees from the property. Brown inquired why the number of homes could not be reduced so the tree loss would not be so significant. Lambert responded that the developer met the density requirement stipulated by the Zoning Ordinance the City could not require him to reduce the number oflots in the development, especially because he was removing trees he had planted. He reminded the Commission that the 30% figure was only a goal, and was not mandated by Ordinance. MOTION:Wilsonmoved, seconded by Corneille, to recommend approval of Maple Hill Addition based on the recommendations in the Community Development Staff Report dated February 20, 1998 and recommendations within the supplemental staff report dated February 25, 1998. Motion carried 7-0. B. Eden Prairie High School Activitr Center/Turf Bubble Michael Darian representing Independent School District 272 and Jay Pomeroy who is the Landscape Architect were present. Pomeroy discussed the landscaping which will be done around the perimeter of the site and around the bubble to provide screening and buffering from the adjacent residential properties. There will be landscaping around the activity center also to mitigate the mass of the building and soften its appearance. He discussed the plants which will be included in the plan and the sizes of the plantings which will be used. He noted the heights of the trees used to screen the bubble would be varied to provide some interest as well as screening. 33 CITY COUNCIL AGENDA DATE: March 17, 1998 SECTION: Public Hearing DEPARTMENT: ITEM DESCRIPTION: ITEM NO: Community Development 1998 Community Development V,P, Chris Enger Block Grant Funding David Lindahl Proposals(CDBG) REQUESTED COUNCIL ACTION: Approve CDBG funding for the following list of activities as reviewed and recommended by the Housing, Transportation, and Human Services Board (HTSSB) at their February 5 meeting: Human Service Activities 1) Day Care Initiatives 2) Household & Outside Maintenance for Elderly (HOME) 3) Homeline & Mortgage Foreclosure Prevention Program Sub Total Housing Related Activities 4) Housing Rehabilitation Deferred Loan Program 5) Affordable Rental Housing Land Acquisition SubTotal Grand Total BACKGROUND: Funding %of L~vel~ Total $ 20,000 11% $ 10,067 5.5% ~ 3,500 2% $ 33,567 18.5% $ 50,000 27% $ 98,837 54.5% $148,837 81.5% $182,404 100% The City'S 1998 Community Development Block Grant entitlement is $182,404, and will be available beginning in July 1998. The national objectives of the CDBG program include the following: Developing viable communities by providing decent housing, a suitable living environment, and expanded economic opportunities for low and moderate income persons. Aiding in the prevention or elimination of slums and blight. Meeting other community development needs having particular urgency. The Board considered priorities prepared by Hennepin County in developing their recommendations for funding. The County also suggests that no more than three activities be undertaken by one community. Their priorities are as follows: Affordable Housing Community Development Public Service SUPPLEMENTAL INFORMATION: High Priority (including rental, ownership, and rehab) Low Priority (unless related to housing) 20% maximum of total entitlement See Table A on the following page for a complete review of this year's proposal. Additional information submitted by the human service agencies is attached for your review. / CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO 98- RESOLUTION APPROVING USE OF FUNDS FOR 1998 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS WHEREAS, the City of Eden Prairie, through execution of a Joint Cooperation Agreement with Hennepin County, is a cooperating unit in the Urban Hennepin County Community Development Block Grant Program; and WHEREAS, the City of Eden Prairie has developed a proposal for the use of urban Hennepin County CDBG funds made available to it, following a public hearing on March 17, 1998 to obtain the views of citizens on local and Urban Hennepin County housing and community development needs and priorities the City's proposed use of$182,404 for the 1998 Community Development Block Grant Program; and BE IT RESOLVED that the City Council of the City of Eden Prairie approves the following projects for funding from the Urban Hennepin County Community Development Block Grant program and authorizes submittal of the proposal to Hennepin County for review and inclusion in the 1998 Urban Hennepin County Community Development Block Grant Program. PROJECTS Child Care Initiatives Household and Outside Maintenance for Elderly (HOME) HOMELINE suburban advocacy/foreclosure prevention Rehabilitation Rental Housin~ Proiect TOTAL BUDGET $ 20,000 $ 10,067 $ 3,500 $ 50,000 $ 98,837 $182,404 ADOPTED by the City Council ofthe City of Eden Prairie this 17th day of March, 1998. Jean L. Harris, Mayor ATTEST; John D. Frane, City Clerk Table A 1998 Community Development Block Grant Proposals I Activity I Agencl'Contact I Reguest I Purpose I Clients Served I Household & Outside Senior Communny $10,067 Provide maintenance and chore service to persons 60 and older. The Cny 34 households served in 1997. Maintenance for Services -Knty Engle has been funding this activny since 1982. Elderly (HOME) Homeline & Mortgage Communny Action for $4,000 Home-line is a housing service that provides tenant information and Home-line received about 148 calls from Foreclosure Suburban Hennepin -advocacy through a hotline to help resolve tenant-landlord problems. They E.P. tenants, and 19 households Prevention Programs Charlie Warner also administer a foreclosure prevention program that helps homeowners requested foreclosure prevention faced wnh possible foreclosure renegotiate loans, and preserve home assistance in 1997. ownership. (" Housing Cnyof EP HRA -David To provide low-interest deferred loans of up to $15,000 to eligible residents 1 0 clients were served in 1997 -some of Rehabilitation Lindahl $50,000 for home improvements. The loans are recovered when the recipients sell these applications are still active. Deferred Loan their homes. Recovered funds are rolled back into the program. Program Affordable Rental Cnyof EP HRA -David $98,837 To meet the Cny's Livable Communnies goals for rental housing affordable to 32 unns were approved in 1997 for about Housing Lindahl working people, another 32 unit project similar to Columbine and Edenvale 90 residents. Developments -Land will be pursued in 1998. The Board should again consider banking funds Acquisition in 1998 to enable the Cny to help develop another affordable rental project in Eden Prairie. Combining the proposed $98,837wnh last year's allocation of $101,905, will give the Cny a total of $200,742 for rental housing. Totals $182,404 Page 2 Community Acflon Community Education Community Services Emergency Assistance Homeless Family Support Homelessness Prevention Volunteer Services Energy Assistance HOME ~i l!!}( ~ Tenant Hotline Tenant Organizing Home Buyer Education Homeowner Counseling Home Rehab Counseling 33-10th Avenue S. Suite 150 Hopkins, MN 55343 Business (612)933-9639 Tenant Hotline 933-0017 Energy Assist. 930-3541 Fax 933-8016 TOO 935-4011 Investing In People, Building Community EOUAl HOUSING OPPOATVNITV for Suburban Hennepin Mr. David Lindahl City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Dear Mr. Lindahl: January 29, 1998 This letter is to request funding in the amount of $4,000 from the city's Community Development Block Grant program. This funding will be used to support HOME Line, the housing services of Community Action for Suburban Hennepin (CASH). I am enclosing materials that describe all of our programs and, for our tenant hotline and foreclosure prevention programs, data showing use Eden Prairie. As you can see, we are mostly serving low and moderate income people in your community. We appreCiate your generosity to us in the past five years and your willingness to consider our request for continued support. If you have questions or need additional information, please feel free to contact me at 933-9639, extension 203 or Charlie Warner, our Housing Programs Director at extension 221. Sincerely, A "' ~"~0t.N-yJj~~L,Yv.;v~ ! Sharon A. Jq.')hson Executive Director Enclosures: 1988 Urban Hennepin County CDBG Program Request for Funding Data sheets on renters hotline, homeowners hip programs 1998 URBAN HENNEPIN COUNTY CDBG PROGRANI REQUEST FOR FUNDING (Use one form per project) A. GENERAL INFORMATION 1. Community: Eden Prairie 2. Prcject Name: Commllnity A£.ti on fQr Sllbllrban Henner; n (CASH) /HOME Line 3. Contact Pe:son! Phone No . ...:. CWJbiJ.Iq.;j,.r1.:,.lJ..l,LJ· e~W(Lja~rUnwe~rr:......:=--.:9:t...3.l.3.l=.:9:1.!6J...3.l.:9::z...,.-le=.;x~tue~n.J..:s:i-'J...I· Q.J.In.J.-2~2,-,-1 B. PROJECT DATA 1. Funding Request $ 4. QOO 2. Is this request to fund an existing CDBG-FUNDED project? -1L-Yes _No 3. Leveraged Funds: Amount $ 560,120 Source listed below (To what extent does projC\:t leverage additional public or private fundslftnn commitment?) CASH receives funding for its HOME Line programs from: HUD Housing Counseling Program; MHFA's Foreclosure Prevention Program; Hennepin County's Family Homeless Prevention Program; First Bank Foundation; the McKnight Foundation; Urban Hennepin County CDBG Program; Community Service Block Grant; MN Economic Op- 4. p'roject Locatior.: Address Cit"y1,ide _X_(Attach map.) portuni ty Grant 5. Project Description: (Describe the project b as ouch detail as possible and identify whlt, if any, alternative funding sources ha .... e been considered lOr this project) Renter services: Teaant hotline; eviction prevention; high school presentations on tenants' rights & responsibilities Homeownership services: first-time home buyer education and counseling; home rehab maintenance and improvement; foreclosure prevention; revers equity loan counseling This request is for funding to supplement that which we receive from the sources listed under #3, above. 6. Urban County Priorities: Using the list provided. identify what priority(ies) the project will meet. (Note: If a proposed project is II low Urban County priority, you must ~lain why it has a higher priority in your communiry.) ienant/Landlord services; homeownership services '/ 5 9. !mplementatil.)n Schedule: (For the time tleriod 7·1.98 106.30.00, iden;ify the major project tasks to be perfonned and when they .... ill occur.) Task MQD~ Tenant/landlord services on-going Homeowner services on-going 10. Budget: (Specify total project budget by mlljorproje~t component-i.e; adrni11istr:ltion, planning, construction, acquisjtion, direct grants, public service.) BUDGET/SOURCE OF fUr>;1)S Component C:)BG Other (identjfy) Salad es for direct services $ 4,000 $ 339,300 to renters/landlords & homeowne~ $ ______ ~ __ Fringe and other direct/indit:e!;t $ 0 $ 220,820 S $ ______ __ Project Budget S 4,000 $ ____ _ Total Pro;ect Budget $ 4,000 $ 560,120 HOME Line's Center for Homeownership HOME Line now provides a complete spectrum of services to home buyers and homeowners in suburban Hennepin County. The housing industry refers to this as IIfu/l cycle homeownership services". The services include: • Pre-Purchase Home Buyer Education & Counseling. (Started August, 1994) • Home Maintenance, Repair and Rehab Programs. (Started October, 1996) • Foreclosure Prevention Counseling. (Started August, 1992) • Reverse Mortgage Counseling for Seniors. (Started July, 1997) Approximately 89% of the homeowners and home buyers served by HOME Line's Center for Homeownership were low to moderate households. Household Incomes 11% II Low -Below 50% of Median Income 27% IIl1110derate -50% to 80% of Median Income 62% o Upper -Over 80% of Median Income There were minor children in 66% of the households served. 4% Type of Household 30% 35% 7 II Families with Children II Single Parent Families OAdults Only IilISeniors Page Two HOME Line's Center for Homeownership Eden Prairie Pre-Purchase Home Buyer Education and Counseling HOME Line's Center for Homeownership provided pre-purchase home buyer education and counseling for 12 Eden Prairie households. Our three-part Home Stretch home buyers workshops are offered monthly. The workshops provide information on each step of the home buying process. The curriculum meets or exceeds FHA, MHFA, Fannie Mae and Freddie Mac guidelines. We also offer individual home buyer counseling to assist potential home buyers in developing an action plan to overcome barriers to homeownership. The most common barriers are lack of down payment and closing costs, credit problems, and insufficient income Home Maintenance, Repair and Rehab HOME Line's Home Rehab Program assists suburban Hennepin County homeowners who have home maintenance, repair or rehab needs. Our staff can provide technical assistance in identifying needed repairs, writing specifications, finding qualified contractors, evaluating bids, and working with contractors until job completion. We also provide information on numerous loan and grant programs that will finance the cost of home repairs and rehab. Another component of the program is a series of workshops for homeowners. These workshops include topics such as Weatherization, Dream House or Money Pit? -How To Know The Difference, small plumbing repairs and basic home repairs. Foreclosure Prevention Program The chart below shows the number of Eden Prairie homeowners requesting foreclosure prevention assistance. Year Eden Prairie Households Served 1993 14 1994 12 1995 14 1996 14 1997 19 Total 73 Page Three HOME Line's Center for Homeownership Eden Prairie , I The main reason for default was unemployment or a reduction in income. Main Reason for Default • Unemployment or Reduction in Income • Health or Health Care Costs o Divorce/Separation EI Money Mismanagement • Unexpected Expense III Not Affordable • Other Foreclosure was averted in over 76% of the cases. 48 homes have been saved. A total of $6,742 in financial assistance was obtained for Eden Prairie homeowners. Results of 68 Closed Files 9 .48 Homes Saved • 5 Homes Sold 011 Foreclosures EI 4 Results Unknown Information on calls Eden Prairie Over the past six years, a total of 775 Eden Prairie (unduplicated) renters have contacted HOME Line. This represents service to approximately 1,938 residents when all family members are counted. Number of calls by year 148 76 83 o 1992 1993 1994 1995 1996 1997 Through the help of HOME Line, Eden Prairie tenants have received $2,743.00 back from improperly withheld security deposits and $4,820.00 in rent abatements (refunds for substandard conditions.) Eden Prairie A vast majority (over 95%) of Eden Prairie callers to HOME Line are low and moderate income. These income categories are those used by the U.S. Department of HUD: Callers' Incomes (1992-1997) Low Moderate Higher 60.3% 28.4% 11.3% Low = incomes below 50% of the Metro median income; Moderate = incomes between 50 and 80% of the Metro median; Higher = incomes above 80% of the Metro median. Community Renters Education Program HOME Line's Community Renters Education Program provides education to high school students, (primarily seniors) presentations to tenants/staff of area agencies, information booths at community events and trainings to volunteers/staff from agencies and managers/property owners. Name of School Academy Of Holy Angels Bloomington Jefferson Bloomington Kennedy Brooklyn Center Champlin Park Coon Rapids Crystal Eden Prairie Edina Excelsior Hopkins Mahtomedi Minnetonka Orono Osseo Osseo-Park Center Richfield Robbinsdale-Armstrong Robbinsdale-Cooper Rockford St. Anthony St. Louis Park Wayzata Westonka TOTAL High School Presentations Number of students (Number of presentations) 1993 1994 1995 1996 1997 o 0 0 0 85 (3) 73 (3) 0 0 22 (1) 28 (1) 90 (3) 0 30 (1) 24 (2) 55 (3) 46 (2) 38 (2) 44 (2) 0 67 (3) 40 (2) 0 82 (4) 219 (8) 246 (8) o 0 52(2) 178(6) 210(7) o 0 0 17(1) 23(1) ti W UW L§W UW UW 38 (2) 0 0 0 0 o 0 0 10(1) 5(1) 156 (6) 26 (2) 82 (3) 110 (7) 111 (5) o 0 30 (1) 0 0 o 47(2) 0 99(8) 20(1) o 0 0 0 30(1) o 64(2) 0 10(1) 0 35 (3) 0 60 (2) 0 0 60 (2) 47 (2) 58 (2) 60 (2) 141 (5) 62 (2) 0 25 (1) 27 (2) 0 56 (2) 59 (2) 56 (2) 55 (3) 46 (2) o 0 0 8(1) 0 0 0 15 (1) 18 (1) 0 0 1 2 (1) 15(1) 86(4) 55(2) 24 ( 1 ) 38 (2) o 0 60(2) Q Q Q Q .5..Q ill 726 (30) 379(17) 625 (24) 1,029 (51) 1,315 (51) /0 The high school presentation covers the rights and responsibilities- of renters. The presentation can be tailored to fit any class size, any class needs, and all class schedules. Presentations Association for Rental Management of Brooklyn Center Bloomington Managers and Owners Coalition Business and Professional Women League of St. Louis Park Center for Asians, Minneapolis Community Resource Center, Brooklyn Park Creekside Community Center, Bloomington Crisis Connection, Minneapolis Crystal Managers Coalition Edina Community Center Hennepin County Home School, Bloomington, Crystal, Excelsior, Minnetonka Minnesota Multihousing Annual Convention New Hope, Robbinsdale, Crystal Managers Coalition Perspectives Transitional Housing, St. Louis Park Richfield Apartment Managers' Association, Richfield Senior Linkage, Robbinsdale Thorson Family Resource Room, Crystal Womens Resource Network, Minneapolis Other Educational Activities Community Events Trainings Crystal Frolics Mall of America, WCCO Booth Bandana Square, St. Paul Richfield Cattail Days St. Louis Park Knollwood Mall "Community Bazaar" St. Louis Park Party in the Park II American Indian Housing Corporation, Minneapolis Bill Kelly House, Minneapolis Bristol Place, Minneapolis Community Action Council, Apple Valley Community Case Corporation, Minneapolis Eden Women's Program, Minneapolis Hamline Coalition, St. Paul Heartland Community Action, Wilmar Hope Allianz, Minneapolis Itasca County Tenant Assistance Program, Grand Rapids Kooch-Itasca Action Council, Inc., Grand Rapids Maryland Park Tenants Association, St. Paul Metropolitan Center for Independent Living, Minnetonka Minnesota Multihousing Minnesota Fair Housing Center, Minneapolis NW Community Support Program, Crystal Overcoming Poverty Together, Mankato Person to Person, Minneapolis Perspectives Transitional Housing, St. Louis Park Pillsbury House, Minneapolis Pillsbury Neighborhood Services/Waite House, Minneapolis Property-owners, Bloomington, Minneapolis and Minnetonka Property Managers, Bloomington, Brooklyn Center, Edina, Minneapolis, Plymouth, St. Louis Park, and st. Paul Richfield HRA, Richfield Salvation Army, Project Breakthrough, Minneapolis ScotUCarver/Dakota Community Action, Shakopee Simpson Housing, Minneapolis Sojourner Women's Shelter, Hopkins South Eastern MN Housing Network, Rochester South West Minnesota Housing Partnership, Slayton Southern Minnesota Regional Legal Services, St. Paul St. Anne's Shelter, Minneapolis st. Paul Public Housing St. Paul Tenants Union St. Stephen's Shelter, Minneapolis Thorson Family Resource Room, Crystal Vail Place, Hopkins Vail Place, Minneapolis YWCA of St. Paul BOARD of DIRECTORS John Nelson President Dwight Johnson 1st Vice President Peggy Kelly 2nd Vice President Laurie Lafontaine Treasurer Francis Hagen Seaetary Kevin Krueger Past President Mary Henning Member-at-Large Dr. C. (Ike) Njaka Member-at-Large John Boeder Peter Coyle Robert DeGhetto Marty Guritz Aiko Higuchi Gloria Johnson Kathleen Miller Senator Gen Olson Curtis Pearson Neil Peterson Dan Ryerson Mary Tambornino Leonard J. Thiel TomTIcen Benjamin F. With hart Executive Director & C.E.O. PROGRAMS • Community Senior Groups & Mu Iti-purpose Senior Centers • H.O.M.E. • Senior Outreach January 28, 1998 Mr. David Lindahl, City Planner City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Dear Mr. Lindahl: Fax 541-0841 Senior Community Services is requesting that the City of Eden Prairie allocate $10,067 from it's share of Community Development Block Grant (CDBG) Year XXIV funds to support the HOME Program. This is the same amount approved for the current year. Enclosed is a Hennepin County Request for Funding application filled out for the City to facilitate our request. Eden Prairie's CDBG funds will be leveraged from client fees, funding from the Greater Minneapolis Council of Churches (GMCC) and from donations. The HOME Program operates on a sliding fee scale. Clients cover approximately one-quarter of the Programs' cost. GMCC funding, utilizing Federal Title III monies, helps to subsidize chore services. Friends of HOME, an organization that solicits private donations, helps to fill the remaining gap between the City's CDBG funds and the total Program expense. I will endeavor to have someone present for the Housing Board meeting on February 5th. Sincerely, () ""~ 1?~~/~ Ron Bloch Program Administrator II- 1998 URBAN HENNEPIN COUNTY CDBG PROGRAM REQUEST FOR FUNDING (Use one form per project) A. GENERAL INFORMATION 1. Community: ... E.w:de><.J.n.l..lPwr..saawjrj~e ______________ _ 2. Project Name: HOME (Household & Outsjde Maintenance for Elderly) 3. Contact Person/Phone No . .uR~ou.n J.lB~lo!¥chL!L/-",5c4~1-:.l1JJ.Q..!..i19,--______ _ B. PROJECT DATA 1. Funding Request .w..$1.L.l11Qu.:.,Q~6:..L..7 __ _ 2. Is this request to fund an existing CDBG Project? .x. Yes _ No 3. Leveraged Funds: Amount $ See # 9 Source See # 9 (To what extent does project leverage additional public or private funds/firm commitment?) 4. Project Location: Address .!=E~de><.J.n.!....!Pwr..saa!!Jirjclii<.e _____ _ Citywide ~ (Attach map) 5. Project Description: (Describe the project in as much detail as possible and identify what, if any, alternative funding sources have been considered for this project) See Attachment 6. Urban County Priorities: Using the list provided identify what priority(ies) the project will meet. (Note: If proposed project is a low Urban County priority you must explain why it has a higher priority in your community) Public Service Needs: Senior Services -High Priority (3 7. Anticipated results/accomplishments project will have. (ie .• number of persons/households to be assisted/served. number of housing units to be rehabbedlbuilt, etc. In 1997 the project served 34 Eden Prairie residents (26 households). It is anticipated that approximately the same number will be served in CDBG Year XXIV. 8. If applicable. describe how project will assist community in achieving Metropolitan Livable Communities Act goals. 9. Implementation Schedule: (For the time period 7-1-98 to 6-30-00, identify the major project tasks to be performed and when they will occur) On-going delivery of the following services: Date Month/ Date CDBG year XXiV Maintenance -Includes minor repairs in the areas of carpentry. plumbing. concrete. electrical & painting. Also includes lawn mowing and snow removal in season Homemaking -Includes window washing. floor cleaning yacuyming. dusting. shopping. doing wash. etc. 10. Budget: (Specify total project budget by major project component-i.e .• administration. planning. construction, acquisition. direct grants. public service.) Component Pyblic Services/Eden Prairie !Edina /Richfield /Minnetonka /Brooklyn Center Project Budget BUDGET/SOURCE OF FUNDS CDBG Other(jdentjfy) $ 10.067 $ 95.000 Client fees $ 18,000 $ 8,000 Edina/EEHF $ 22,700 $ 41.313 United Way $ 14,600 $ 26,084 GMCC $ 9,000 $ 14,000 Friends of HM $ 74,367 $ 83.754 Hen County $268,161 Total Project Budget lIC$3~4l..=2.u.i,5:.=:28~ __ _ NOTE: A copy of the HOME Program Budget is attached showing all anticipated expenses and revenues for the Program Attachment H.O.M.E. (Household & Outside Maintenance for Elderly) Program Summary SUMMARY PARAGRAPH -The H.O.M.E. Program is a homemaker, maintenance, and chore program designed as a cost-effective alternative to long tenn care for the elderly currently operating in the cities of Bloomington, Eden Prairie, Edina, Richfield, Minnetonka, Brooklyn Center and St. Louis Park. Disabled persons are also eligible for the services. The project maintains a core staff of trained individuals to assure prompt, quality service and a skills bank component. Clients are asked to contribute according to their ability to pay, based on a sliding scale. TARGET POPULATION -Consumers of H.O.M.E. services are elderly residents age 60+ or people with disabilities who live independently and need some affordable in- home services in order to maintain their residence or property. The H.O.M.E. Program serves those clients who need assistance but are not financially capable of paying the full cost of service as well as frail older adults who require services designed to meet the needs of vulnerable elderly. SERVICES -The philosophy of the H.O.M.E. Program is to maintain independence for elderly and avoid premature placement in nursing homes by providing homemaker, maintenance, and chore services. Clients are asked to contribute based on a sliding- fee scale. Homemaker services include housecleaning, food preparation, grocery shopping, non-medical personal care, and laundry. Assessments are made and services provided according to the specific needs of each client for type of service, time and frequency. Chore/home maintenance services include snow removal, lawn care, installation of security features, carpentry, minor plumbing, window washing, painting, weatherization, minor roof repair and other maintenance jobs needed to enable elderly residents to remain in their homes, as well as maintaining their homes in an acceptable manner. STAFF -Home maintenance and homemaker services are provided by workers who are trained in the necessary skill areas and techniques for working with older persons. Skills Bank Workers are also utilized to provide chore services. All staff report to the Program Director, who is responsible for the management and supervision of H.O.M.E. Other staff and volunteers provide administrative and clerical support. FACILITY -Services are provided in the homes of elderly residents. The office is located at Creekside Community Center, 9801 Penn Ave. South, Bloomington 55431, and a satellite office is located at the Minnetonka Center. PLACEMENT PROCEDURE -Clients gain access to the program either by a referral from an area agency or by calling the H.O.M.E. office and requesting service. FUNDING SOURCES -Revenues are derived from client Fees, Hennepin County, the Greater Minneapolis Council at Churches (GMCC), municipalities in which the program operates, the United Way, and contributions from clients and the community through an associated organization called Friends of HOME. HOME Program 1998 Operating Budget w/ Gov't Revenue Detail REVENUE Contributions 8,500 United Way 41,313 Government Revenue Bloomington (CDBG) 20,000 Bloomington (HRA) 17,500 Brooklyn Center 9,000 Eden Prairie 10,340 Edina 26,000 Greater Mpls Council of Churches 26,084 Hennepin County 83,754 Minnetonka 14,600 Richfield 22,700 Sub-total Gov't Revenue 229,978 Friends of HOME 14,000 Client Fees 95,000 Total 388,791 EXPENSES Salaries & Wages 248,724 Benefits & Taxes 66,117 Office Rent 3,066 Equipment Repair/Maint. 892 Telephone 3,536 Postage 2,478 Printing & Publications 4,678 Supplies 14,230 Professional Fees 13,402 Mileage 5,699 Conferences & Meetings 2,759 Insurance 5,947 Memberships & Subscriptions 595 Miscellaneous 607 Depreciation 6,938 Allocation of Admin. 18,598 Total 398,266 Net Excess (Deficit) ($9,475) /b CITY COUNCIL AGENDA SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: Finance Checks 60457 to 61322 Wire Transfers 115 to 125 Action/Direction: Approve Payment of Claims Payment of Claims I DATE: 03/17/98 ITEM NO. VI. COUNCIL CHECK SUMMARY 10-MAR-1998 (11:02) DIVISION TOTAL ------------------------------------------------------------------------------------------------------------------------ N/A LEGISLATIVE LEGAL COUNSEL GENERAL SERVICES EMPLOYEE BENEFITS DATA PROCESSING FINANCE HUMAN RESOURCES INFORMATION HUMAN SERV ENGINEERING INSPECTIONS FACILITIES ASSESSING CIVIL DEFENSE POLICE FIRE ANIMAL CONTROL PARK ADMIN STREETS/TRAFFIC PARK MAINTENANCE PARKS CAPITAL OUTLAY STREET LIGHTING FLEET SERVICES ORGANIZED ATHLETICS COMMUNITY DEV COMMUNITY CENTER YOUTH RECREATION SPECIAL EVENTS ADULT RECREATION RECREATION ADMIN ADAPTIVE REC OAK POINT POOL ARTS PUBLIC IMPROV PROJ DEBT SERVICE PAYMENTS SPECIAL ASSESSMENTS CITY CENTER SW METRO TRANSIT SPECIAL REVENUE FUNDS PRAIRIE VILLAGE PRAIRIEVIEW CUB FOODS WATER DEPT SEWER DEPT STORM DRAINAGE AGENCY FUNDS EQUIPMENT $17,962.08 $22,437.99 $6,392.81 $20,174.40 $10,327.01 $39,256.73 $7,206.56 $6,077.02 $5,146.09 $7,587.75 $591.08 $5,960.81 $69,582.05 $213.32 $7,042.59 $39,036.54 $15,254.68 $729.50 -$778.33 $21,164.77 $21,281.01 $19,696.85 $48,254.11 $54,195.96 $10,591.87 $1,497.65 $47,191. 93 $4,318.47 $2,598.39 $4,927.27 $130.56 $574.49 $884.29 $54.83 $381,221.60 $5,006.93 $245,841.52 $2,819.78 $25.27 $8,531.35 $118,328.76 $139,076.41 $231,499.70 $194,963.01 $279,288.97 $27,798.12 $8,883.00 $51,379.80 $2,212,227.35* COUNCIL CHECK REGISTER 10-MAR-1998 (09:57) CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM --------------------------------------------------------------------------------------------------------------------- 60457 60464 60471 60483 60489 60490 60491 60492 60493 60494 60495 60496 60497 60498 60499 60500 60501 60502 60503 60504 60505 60507 60508 60510 60527 60532 60543 60544 60546 60548 60549 60550 60551 60552 60554 60555 60556 60557 60558 60559 60560 60561 60562 60563 60564 60565 60566 60567 60568 60569 60571 60572 60573 60574 60575 $20,330.42 $61,657.48 $63,993.84 $15,716.67 $29.00 $10.00 $31. 00 $75.00 $300.00 $51. 00 $60.50 EAGLE WINE COMPANY GRIGGS COOPER & CO PHILLIPS WINE AND SPIRTS INC PRIOR WINE COMPANY BORSCH, MICHELLE CODE ADMINISTRATION & INSPECTI DECESARE, RUBY EDEN PRAIRIE CHAMBER OF COMMER FAHEY, LARRY HAGEN, JOY HOCHREIN, WAYNE $4.29 JAMAR, LAURA $7.44 JOHNSON, BECKI $22.00 LAWSON, JAMES & ROBERTA $30.00 MCCARTY, DENNIS $26.75 $2,360.20 $51.00 $30.00 $93.00 $1,194.84 $515.00 $1,483.00 $105,681.12 $6,257.59 $32,481.69 $584.00 $2,303.82 $2,714.23 $29.50 $28.00 $89,746.21 $56.00 $48,918.86 $28.00 $28.00 $11.00 $86.66 $1,756.02 $28.00 $28.00 $28.00 $13,609.11 $13,609.11 $13,609.11 $7.50 $100.00 $32.96 $281. 06 $44,300.30 $275.00 $267.28 $5.00 $5.00 $52.00 MERKLE, LAURA MODERN SALES & SERVICE REYNOLDS, JEFF SALENGER, MAURRIE THIES, DOUG BELLBOY CORPORATION GRAND PERE WINES INC GRAPE BEGINNINGS JOHNSON BROTHERS LIQUOR CO PAUSTIS & SONS COMPANY QUALITY WINE & SPIRTS CO VINTAGE ONE WINES INC WINE COMPANY, THE WORLD CLASS WINES INC ANDERSON, EDIE CORNELL, BARB DARRIL S PETERSON & BARBARA J ERICKSON, ROBYN EUGENE WEBER & MARCELLA KLEIN, JOHNSON, SUSAN KLANG, BECKY LAPPIN, VIOLET MCGLYNN BAKERIES NILSSON, BETH SALENGER, MAURRIE SIT, ERIC SVOBODA, MELANIE TRUSTEES OF THE 1675 REVOCABLE TRUSTEES OF THE 1975 REVlCABLE TRUSTEES OF THE 1975 REVOCABLE ZWEBER, MARTHA EDEN PRAIRIE SENIORS JOHNSON, BECKI METRO ATHLETIC SUPPLY MINNEGASCO AFTON ALPS GARTNER REFRIGERATION & MFG IN GLEASON, DEBBIE GREENSTEIN, LORI HUTCHINS, BRUCE WINE IMPORTED MERCHANDISE FOR RESALE WINE DOMESTIC WINE DOMESTIC LESSONS/CLASSES LICENSES & TAXES LESSONS/CLASSES ROUND LAKE PAVILION OTHER CONTRACTED SERVICES LESSONS/CLASSES LESSONS/CLASSES LESSONS/CLASSES TRAVEL ADULT/YOUTH/OUTDOOR CTR PROG ADULT/YOUTH/OUTDOOR CTR PROG LESSONS/CLASSES CONTRACTED BLDG REPAIRS LESSONS/CLASSES ADULT/YOUTH/OUTDOOR CTR PROG TRAVEL MERCHANDISE FOR RESALE WINE IMPORTED WINE DOMESTIC WINE DOMESTIC WINE IMPORTED WINE DOMESTIC WINE DOMESTIC WINE IMPORTED WINE IMPORTED SR CITIZENS/ADULT PROG FEES ADULT/YOUTH/OUTDOOR CTR PROG PRINCIPAL ADULT/YOUTH/OUTDOOR CTR PROG PRINCIPAL ADULT/YOUTH/OUTDOOR CTR PROG ADULT/YOUTH/OUTDOOR CTR PROG SR CITIZENS/ADULT PROG FEES TRAVEL INSTRUCTOR SERVICE ADULT/YOUTH/OUTDOOR CTR PROG ADULT/YOUTH/OUTDOOR CTR PROG ADULT/YOUTH/OUTDOOR CTR PROG PRINCIPAL PRINCIPAL PRINCIPAL SR CITIZENS/ADULT PROG FEES OPERATING SUPPLIES-GENERAL TRAVEL OPERATING SUPPLIES-GENERAL GAS SPECIAL EVENTS FEES REPAIR & MAINT SUPPLIES ADULT/YOUTH/OUTDOOR CTR PROG ADULT/YOUTH/OUTDOOR CTR PROG TRAVEL 3 PRAIRIE VILLAGE LIQUOR #1 PRAlRE VIEW LIQUOR #3 PRAIRE VIEW LIQUOR #3 PRAIRE VIEW LIQUOR #3 POOL LESSONS FIRE STATION #2 ICE ARENA SPECIAL EVENTS SOCIAL POOL LESSONS OAK POINT LESSONS OAK POINT LESSONS IN SERVICE TRAINING OUTDOOR CTR PROGRAM SPECIAL EVENTS/TRIPS ICE ARENA WATER TREATMENT PLANT ICE ARENA OUTDOOR CTR PROGRAM FIRE PRAIRE VIEW LIQUOR #3 LIQUOR STORE CUB FOODS PRAIRE VIEW LIQUOR #3 LIQUOR STORE CUB FOODS PRAIRIE VILLAGE LIQUOR #1 LIQUOR STORE CUB FOODS PRAIRIE VILLAGE LIQUOR #1 PRAlRE VIEW LIQUOR #3 LIQUOR STORE CUB FOODS ADULT PROGRAM SKI TRIPS/WINTER CAMP PETERSON/KLEIN ACQUIST SKI TRIPS/WINTER CAMP PETERSON/KLEIN ACQUIST SKI TRIPS/WINTER CAMP SKI TRIPS/WINTER CAMP SENIOR CENTER PROGRAM POLICE ICE ARENA SKI TRIPS/WINTER CAMP SKI TRIPS/WINTER CAMP WINTER SKILL DEVELOP PETERSON/KLEIN ACQUIST PETERSON/KLEIN ACQUIST PETERSON/KLEIN ACQUIST SENIOR CENTER PROGRAM TASTE OF PRAIRIE IN SERVICE TRAINING RACQUETBALL WATER TREATMENT PLANT SKI TRIPS/WINTER CAMP ICE ARENA OUTDOOR CTR PROGRAM OUTDOOR CTR PROGRAM IN SERVICE TRAINING COUNCIL CHECK REGISTER CHECK NO CHECK AMOUNT 60576 60577 60578 60579 60580 60581 60582 60583 60584 60585 60586 60588 60589 60590 60592 60593 60594 60595 60596 60597 60598 60599 60600 60601 60602 60603 60604 60606 60607 60608 60609 60610 60611 60613 60614 60615 60616 60618 60619 60620 60621 60622 60623 60624 60625 60626 60627 60628 60629 60630 60631 60632 60633 60634 60635 $353.10 $25.00 $309.80 $2,906.82 $708.08 $539.78 $1,576.40 $725.70 $995.19 $50.00 $1,321.13 $355.63 $157.95 $214 .12 $102.79 $150.00 $20.14 $96.71 $130.00 $7,309.85 $949.74 $378.00 $21.50 $147.90 $5,297.46 $20.50 $781.17 $1.2.00 $10.64 $3,283.50 $985.00 $35.00 $53,887.78 $59,333.09 $144.00 $767.47 $5,455.63 $375.14 $1,801.20 $11,166.57 $31. 97 $22.63 $1,123.58 $1,200.31 $4,276.99 $40.19 $17,091.25 $1.03.54 $8.00 $10.20 $6,502.76 $466.00 $102.75 $103.45 $47.35 VENDOR ITASCA GREENHOUSE INC WHEELER, THERESA JOHNSON, PATRICIA SPECTRATURF UNLIMITED SUPPLIES INC AMERICAN LINEN SUPPLY COMPANY MCNEILUS STEEL INC QUALITY WASTE CONTROL INC RESPOND SYSTEMS TRI-COUNTY LAW ENFORCEMENT OFF AIRTOUCH CELLULAR AMOCO OIL COMPANY BELLBOY CORPORATION CARLTON CO HUMAN SERVICES CTR DRISKILLS NEW MARKET FEDERAL RESERVE BANK OF MPLS G & K SERVICES DIRECT PURCHASE G & K SERVICES-MPLS INDUSTRIAL GENZ-RYAN GREAT WEST LIFE AND ANNUITY HENNEPIN COUNTY SUPPORT AND HENNEPIN COUNTY TREASURER HOLMSTROM, STEVEN HUTTER, MICHAEL ICMA RETIREMENT TRUCT-457 JERRYS PLUMBING MENARDS METROPOLITAN MECHANICAL MEYER, NICOLE MINNESOTA MUTUAL LIFE MINNESOTA STATE RETIREMENT SYS MINNESOTA TEAMSTERS CREDIT UNI NORTHERN STATES POWER CO PUBLIC EMPLOYEES RETIREMENT REMIARZ, TONY UNLIMITED SUPPLIES INC US WEST COMMUNICATIONS CARVER COUNTY COURTHOUSE DIVERSIFIED INSPECTIONS INC DNR DRISKILLS NEW MARKET G & K SERVICES-MPLS INDUSTRIAL ADT SECURITY SYSTEMS INC DAHLHEIMER DISTRIBUTING COM PAN DAY DISTRIBUTING DRISKILLS NEW MARKET EAST SIDE BEVERAGE COMPANY HELLING, LAURIE JANECKY PLUMBING LINDAHL, DAVID MARK VII MIDWEST COCA COLA BOTTLING COM PEPSI COLA COMPANY PETTY CASH-POLICE DEPT RASMUSSEN, LISA 10-MAR-1998 (09:57) DESCRIPTION LANDSCAPE MTLS & AG SUPPL LESSONS/CLASSES DENTAL REIMBURSEMENT OTHER CONTRACTED SERVICES EQUIPMENT PARTS OTHER CONTRACTED SERVICES EQUIPMENT PARTS WASTE DISPOSAL SAFETY SUPPLIES DUES & SUBSCRIPTIONS TELEPHONE MOTOR FUELS MISC NON-TAXABLE GARNISHMENT WITHHELD MERCHANDISE FOR RESALE BOND DEDUCTION CLOTHING & UNIFORMS CLOTHING & UNIFORMS CASH OVER/SHORT DEFERRED COMP GARNISHMENT WITHHELD OPERATING SUPPLIES-GENERAL BLDG SURCHARGES OPERATING SUPPLIES-GENERAL DEFERRED COMP BLDG SURCHARGES OPERATING SUPPLIES-GENERAL CASH OVER/SHORT SOFTWARE DEFERRED COMP DEFERRED COMP CREDIT UNION ELECTRIC PERA WITHHELD OTHER CONTRACTED SERVICES SMALL TOOLS TELEPHONE GARNISHMENT WITHHELD EQUIP TESTING & CERTIFICATION LICENSES & TAXES MERCHANDISE FOR RESALE CLOTHING & UNIFORMS CONTRACTED BLDG MAINT BEER 6/12 BEER 6/12 EMPLOYEE AWARD BEER 6/12 MILEAGE AND PARKING CASH OVER/SHORT MILEAGE AND PARKING BEER 6/12 MISC TAXABLE MISC TAXABLE OFFICE SUPPLIES SPECIAL EVENTS FEES PROGRAM REFORESTATION POOL LESSONS BENEFITS STARING LK PLSTUCT K20 EQUIPMENT MAINTENANCE PRAIRE VIEW LIQUOR #3 EQUIPMENT MAINTENANCE EATON BLDG EQUIPMENT MAINTENANCE POLICE SEWER UTILITY-GENERAL EQUIPMENT MAINTENANCE PRAIRIE VILLAGE LIQUOR #1 FD 10 ORG CONCESSIONS FD 10 ORG GENERAL BUILDING FACILITIES STREET MAINTENANCE FD 10 ORG FD 10 ORG FD 10 ORG ENGINEERING DEPT BUILDING SURCHARGE OUTDOOR CTR PROGRAM FD 10 ORG PLUMBING SURCHARGE STREET MAINTENANCE FD 1.0 ORG PROGRAM SUPERVISOR FD 10 ORG FD 1.0 ORG FD 10 ORG STORMWATER LIFTSTATION FD 10 ORG BROOMBALL EQUIPMENT MAINTENANCE SEWER LIFTSTATION FD 10 ORG FIRE WATER UTILITY-GENERAL CONCESSIONS STREET MAINTENANCE PUBLIC WORKS/PARKS LIQUOR STORE CUB FOODS PRAIRE VIEW LIQUOR #3 HUMAN RESOURCES PRAIRE VIEW LIQUOR #3 RECREATION ADMIN FD 10 ORG COMMUNITY DEVELOPMENT LIQUOR STORE CUB FOODS PRAIRE VIEW LIQUOR #3 PRAIRIE VILLAGE LIQUOR #1. POLICE SPECIAL EVENTS/TRIPS COUNCIL CHECK REGISTER CHECK NO CHECK AMOUNT VENDOR 60636 60637 60638 60639 60640 6064J. 60642 60643 60644 60645 60646 60647 60648 60649 60650 6065J. 60652 60653 60654 60655 60656 60657 60658 60659 60660 6066J. 60662 60663 60664 60667 60668 60669 60670 60671 60672 60673 60674 60675 60676 60677 60678 60679 60680 6068J. 60682 60683 60684 60685 60686 60687 60688 60689 60690 6069J. 60692 $81. 57 $75.00 $28.00 $9,J.26.55 $J.02.38 $69.23 $200.00 $339.27 $17.50 $7,061.00 $35.62 $66.14 $82.75 $34.95 $J.,J.79.52 $2,413 .29 $900.00 $J., 472. 6J. $9.00 $63.25 $28.00 $24.00 $J.1. 00 ROUFS, MARY SENSIBLE LAND USE COALITION SOKOUNOVA, IRINA THORPE DISTRIBUTING AMOCO OIL COMPANY BRYAN, MATTHEW BUTCHER-YOUGHANS, SHERRY DONNA, PAULA GLIDDEN COMPANY HUNERBERG CONSTRUCTION COMPANY MEYER, NICOLE MIDWEST ASPHALT CORPORATION ROLLINS OIL CO TWIN CITY TIRE UNLIMITED SUPPLIES INC US POSTMASTER -HOPKINS WEST SUBURBAN COLUMBUS CREDIT US POSTMASTER -HOPKINS ANDERSON, ELAINE AOKI, CARL BARRS, BRENDA BCA CJIS ID UNIT BERNABO, ELIZABETH $29.00 BOE, HOLLY $3,J.54.75 CAMAS-SHIELY DIVISION $J.,24J..J.2 CARD SERVICES-BUSINESS CARD $2J.4.J.2 $375.J.4 $5,644.23 $293.70 $20.00 $40.00 $J.00.78 $J.50.00 $28.00 $275.00 $7,451. 85 $25.50 $28.00 $27,44J..J.6 $949.74 $5,447.46 $28.00 $J.6.00 $J.48.08 $J.9.50 $28.00 $24.00 $J.J.O .44 $28.00 $25.50 $54,278.30 $J.4.00 $9.00 $3,657.50 CARLTON CO HUMAN SERVICES CTR CARVER COUNTY COURTHOUSE CORPORATE EXPRESS CTL COMPANY INC DAVIS, MARY DISPUTE RESOLUTION CENTER ENFIELD, PATRICIA FEDERAL RESERVE BANK OF MPLS FOWLER, NANCY GOVERNMENT FINANCE OFFICERS AS GREAT WEST LIFE AND ANNUITY HAINES, SCOTT HALVARSON, JONI HEALTHPARTNERS HENNEPIN COUNTY SUPPORT AND ICMA RETIREMENT TRUCT-457 JOHNSON, LINDA KNAUER, DIANE LAB SAFETY SUPPLY INC LARSON, CHERYL LEIBOLD, BRIDGET LILLIGREN, CATHY LOFFLER BUSINESS SYSTEMS INC LUSE, DAVID MARTIN, JEFF MEDICA CHOICE MEDINA, LINDA MEYERS, ADRIAN MINNESOTA MUTUAL LIFE J.0-MAR-J.998 (09:57) DESCRIPTION OPERATING SUPPLIES-GENERAL TRAVEL ADULT/YOUTH/OUTDOOR CTR PROG BEER 6/J.2 MOTOR FUELS OPERATING SUPPLIES-GENERAL TRAVEL CLOTHING & UNIFORMS OPERATING SUPPLIES-GENERAL DESIGN & CONST OPERATING SUPPLIES-GENERAL PATCHING ASPHALT LUBRICANTS & ADDITIVES CONTRACTED REPAIR & MAINT SMALL TOOLS POSTAGE CREDIT UNION POSTAGE-UTILITY BILLING SR CITIZENS/ADULT PROG FEES BUILDING PERMIT ADULT/YOUTH/OUTDOOR CTR PROG PROFESSIONAL SERVICES ADULT/YOUTH/OUTDOOR CTR PROG LESSONS/CLASSES IMPROVEMENT CONTRACTS TRAVEL GARNISHMENT WITHHELD GARNISHMENT WITHHELD OFFICE SUPPLIES OFFICE SUPPLIES ADULT/YOUTH/OUTDOOR CTR PROG SCHOOLS TRAINING SUPPLIES BOND DEDUCTION ADULT/YOUTH/OUTDOOR CTR PROG AWARDS DEFERRED COMP LESSONS/CLASSES ADULT/YOUTH/OUTDOOR CTR PROG COBRA COSTS/REV GARNISHMENT WITHHELD DEFERRED COMP ADULT/YOUTH/OUTDOOR CTR PROG SR CITIZENS/ADULT PROG FEES OPERATING SUPPLIES-GENERAL LESSONS/CLASSES ADULT/YOUTH/OUTDOOR CTR PROG LESSONS/CLASSES OFFICE SUPPLIES ADULT/YOUTH/OUTDOOR CTR PROG LESSONS/CLASSES COBRA COSTS/REV ADULT/YOUTH/OUTDOOR CTR PROG SR CITIZENS/ADULT PROG FEES DEFERRED COMP PROGRAM AFTER SCHOOL PROGRAM IN SERVICE TRAINING WINTER SKILL DEVELOP PRAIRE VIEW LIQUOR #3 EQUIPMENT MAINTENANCE TREE DISEASE COUNCIL ICE SHOW PARK MAINTENANCE CUB FOOD STORE CONSTRUCTION DAY CAMP STREET MAINTENANCE EQUIPMENT MAINTENANCE EQUIPMENT MAINTENANCE EQUIPMENT MAINTENANCE COMMUNITY BROCHURE FD J.O ORG WATER ACCOUNTING SENIOR CENTER PROGRAM FD J.O ORG WINTER SKILL DEVELOP FINANCE DEPT WINTER SKILL DEVELOP OAK POINT LESSONS STREET MAINTENANCE COUNCIL FD J.O ORG FD J.O ORG POLICE GENERAL OUTDOOR CTR PROGRAM POLICE FIRE FD J.O ORG WINTER SKILL DEVELOP FINANCE DEPT FD J.O ORG OAK POINT LESSONS WINTER SKILL DEVELOP BENEFITS FD J.O ORG FD J.O ORG SKI TRIPS/WINTER CAMP SENIOR CENTER PROGRAM WATER TREATMENT PLANT POOL LESSONS WINTER SKILL DEVELOP ICE ARENA POLICE WINTER SKILL DEVELOP POOL LESSONS BENEFITS SKI TRIPS/WINTER CAMP SENIOR CENTER PROGRAM FD J.O ORG COUNCIL CHECK REGISTER CHECK NO CHECK AMOUNT 60693 60694 60695 60696 60700 60701 60702 60703 60705 60706 60707 60708 60709 60710 60711 60712 60713 60714 60715 60716 60717 60718 60719 60720 60721 60722 60723 60724 60725 60726 60727 60728 60729 60730 60731 60732 60733 60734 60735 60736 60737 60738 60739 60740 60742 60743 60744 60745 60746 60747 60748 60749 60750 60751 60752 $1,050.00 $40.00 $18.00 $35,842.34 $231.50 $88.88 $50.00 $58,172.98 $22.50 $27.00 $28.00 $100.65 $25.00 $5.00 $19.50 $348.93 $25.50 $578.10 $2.00 $70.00 $25.50 $17.00 $22.05 $701. 96 $248.90 $1,069.92 $295.47 $278.83 $353.50 $1,647.29 $127.95 $106.85 $735.00 $343.87 $800.00 $37.50 $267.39 $6,782.74 $508.31 $315.00 $2,124.90 $548.47 $400.00 $1,079.66 $1,242.64 $37.28 $154.43 $36,203.75 $98.00 $769.00 $4,030.84 $12.62 $908.00 $4,050.00 $50.70 VENDOR MINNESOTA STATE RETIREMENT SYS MINNESOTA TEAMSTERS CREDIT UNI NIEMlRA, CAROL NORTHERN STATES POWER CO OLD LOG THEATER PANELCRAFT PETERSON, MARSHA PUBLIC EMPLOYEES RETIREMENT REA, AMY ROBINSON, TERESE ROGERS, LISA SCHMITZ, TOM SENSIBLE LAND USE COALITION SMITH, TRACEY SOKOUNOVA, IRINA STEWART TITLE TREVENA, TAMMIE UNITED WAY WHEELER, TERRY WHITE, JULIE ZETTEL, BARBARA ZILKA, JAMES A TO Z RENTAL CENTER ADVANCED ERGONOMICS ALEX AUDIO & VIDEO SERVICES ALTERNATIVE BUSINESS FURNITURE AMERICAN LINEN SUPPLY COMPANY AMERICAN TIME & SIGNAL CO AMERICAN WATER WORKS ASSOCIATI ANCHOR PAPER COMPANY ANCHOR PRINTING COMPANY ARMOR SECURITY INC ASPEN CARPET CLEANING ASPEN REACH EQUIPMENT COMPANY ASSOCIATION OF TRAINING OFFICE ATKINS, DON AUTO ELECTRIC SPECIALISTS B & F DISTRIBUTING B & STOOLS BACHMANS CREDIT DEPT BACONS ELECTRIC COMPANY BAUER BUILT TIRE AND BATTERY BCA/TRAINING & DEVELOPMENT BELLBOY CORPORATION BIFFS INC BINGHAM, SALLY BJ TAYLER BLACK & VEATCH BLACK, DAVE BLOOMINGTON, CITY OF BRAUN INTERTEC CORPORATION BROADWAY AWARDS BUCK, NATHAN C F HAGLIN & SONS CAMAS-SHIELY DIVISION 10-MAR-1998 (09:57) DESCRIPTION DEFERRED COMP CREDIT UNION ADULT/YOUTH/OUTDOOR CTR PROG ELECTRIC SPECIAL EVENTS FEES BUILDING PERMIT LESSONS/CLASSES PERA WITHHELD LESSONS/CLASSES LESSONS/CLASSES ADULT/YOUTH/OUTDOOR CTR PROG TRAVEL CONFERENCE ADULT/YOUTH/OUTDOOR CTR PROG LESSONS/CLASSES CASH OVER/SHORT LESSONS/CLASSES UNITED WAY WITHHELD SR CITIZENS/ADULT PROG FEES LESSONS/CLASSES LESSONS/CLASSES ADULT/YOUTH/OUTDOOR CTR PROG REPAIR & MAINT SUPPLIES FURNITURE & FIXTURES CONTRACTED REPAIR & MAINT FURNITURE & FIXTURES OTHER CONTRACTED SERVICES REPAIR & MAINT SUPPLIES VIDEO SUPPLIES OFFICE SUPPLIES OPERATING SUPPLIES-GENERAL REPAIR & MAINT SUPPLIES OTHER CONTRACTED SERVICES EQUIPMENT PARTS SCHOOLS OPERATING SUPPLIES-GENERAL CONTRACTED REPAIR & MAINT MOTOR FUELS SMALL TOOLS CONTRACTED BLDG MAINT BLDG REPAIR & MAINT CONTRACTED REPAIR & MAINT SCHOOLS MISC TAXABLE WASTE DISPOSAL OTHER CONTRACTED SERVICES OFFICE SUPPLIES DESIGN & CONST OTHER CONTRACTED SERVICES PROFESSIONAL SERVICES PROFESSIONAL SERVICES AWARDS OTHER CONTRACTED SERVICES REPAIR & MAINT SUPPLIES GRAVEL FD 10 ORG FD 10 ORG PROGRAM SKI TRIPS/WINTER CAMP STORMWATER LIFTSTATION ADULT PROGRAM FD 10 ORG OAK POINT LESSONS FD 10 ORG ICE ARENA ICE ARENA SKI TRIPS/WINTER CAMP FIRE IN SERVICE TRAINING WINTER SKILL DEVELOP ICE ARENA UTILITY DEBT FUND ARB POOL LESSONS FD 10 ORG SENIOR CENTER PROGRAM POOL LESSONS POOL LESSONS SKI TRIPS/WINTER CAMP FIRE STATION #3 CC CAPITAL OUTLAY POLICE STREET MAINTENANCE PRAIRIE VILLAGE LIQUOR #1 ICE ARENA EDUCATION CENTER POLICE FITNESS CLASSES EPCC MAINTENANCE LIQUOR STORE CUB FOODS EQUIPMENT MAINTENANCE POLICE PARK MAINTENANCE EQUIPMENT MAINTENANCE EQUIPMENT MAINTENANCE WATER SYSTEM MAINTENANCE EP CITY CTR OPERATING COSTS WATER TREATMENT PLANT EQUIPMENT MAINTENANCE POLICE PRAIRIE VILLAGE LIQUOR #1 PARK MAINTENANCE 1996 REHABILITATION POLICE 10 MGD WATER PLANT EXPANSION BROOMBALL ANIMAL WARDEN PROJECT PAVEMENT MGMT PROGRAM VOLLEYBALL VOLLEYBALL EPCC MAINTENANCE STREET MAINTENANCE COUNCIL CHECK REGISTER 10-MAR-1998 (09:57) CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM ------------------------------------------------------------------------------------------------------------------------ 60753 60754 60755 60756 60757 60758 60759 60760 60761 60762 60763 60764 60765 60766 60767 60768 60769 60770 60771 60772 60773 60774 60775 60776 60777 60778 60779 60780 60781 60782 60783 60784 60785 60786 60787 60788 60789 60790 60791 60792 60793 60794 60795 60796 60797 60798 60799 60800 60801 60802 60803 60804 60805 60806 60807 $2,501.48 $12,736.34 $22,946.69 $106.91 $24.00 $30.00 $82.34 $13 .50 $78.80 $12,724.96 $111.53 $722.35 $425.73 $982.67 $153.00 $375.00 $50.85 $692.39 $609.40 $291.20 $320.00 $4,784.00 $1,500.00 CAPITOL COMMUNICATIONS CARLSON TRACTOR AND EQUIPMENT CENTRAIRE INC CHANHASSEN LAWN AND SPORTS CO 2 SERVICES CODE ADMINISTRATION & INSPECTI CONTINENTAL SAFETY EQUIPMENT CONVEYORS INC CULLIGAN WATER CUTLER-MAGNER COMPANY DALCO DANKO EMERGENCY EQUIPMENT CO DECORATIVE DESIGNS INC DELEGARD TOOL CO DEM CON LANDFILL INC DIETHELM, GARY DRIVERS LICENSE GUIDE CO DYNA SYSTEMS EARL F ANDERSEN INC EDEN PRAIRIE SCHOOL DISTRICT N EDINA, CITY OF EDINA, CITY OF EIDE HELMEKE PLLP CONTRACTED REPAIR & MAINT OTHER EQUIPMENT OTHER CONTRACTED SERVICES OPERATING SUPPLIES-GENERAL CHEMICALS LICENSES & TAXES TRAINING SUPPLIES EQUIPMENT PARTS WATER SOFTNER CHEMICALS EQUIPMENT PARTS EQUIPMENT PARTS RENTALS EQUIPMENT PARTS WASTE DISPOSAL OTHER CONTRACTED SERVICES TRAINING SUPPLIES CLEANING SUPPLIES SIGNS TRANSPORTATION CONST TESTING-SOIL BORING DUES & SUBSCRIPTIONS AUDIT & FINANCIAL $540.00 EKLUNDS TREE AND BRUSH DISPOSA WASTE DISPOSAL $218.00 ELVIN SAFETY SUPPLY INC SAFETY SUPPLIES $496.50 $1,732.83 $11.85 $224.39 $79.25 $485.06 $398.99 $590.90 $113.89 $525.71 $803.28 $529.83 $45.00 $287.45 $115.00 $281.41 $43.23 $129.94 $861.55 $295.80 $52.50 $1,287.38 $305.29 $270.00 $27.17 $410.23 $631. 78 $380.00 $68.50 $892.50 ERICKSEN ELLISON AND ASSOCIATE ESRI INC EXPRESS MESSENGER SYSTEMS INC EYES HAVE IT FEDEX FERRELLGAS FIBRCOM FITNESS WHOLESALE FORCE AMERICA FOREMOST FIRE PROMOTIONS FORESTRY SUPPLIERS INC. G & K SERVICES-MPLS INDUSTRIAL GALAXY COMPUTER SERVICES GENERAL OFFICE PRODUCTS COMPAN GETTMAN COMPANY GLASS SERVICE COMPANY INC GLENROSE FLORAL AND GIFT SHOPS GLENWOOD INGLEWOOD GLIDDEN COMPANY GOLD COUNTRY INC SIGNATURE CON GOPHER STATE ONE-CALL INC GUNNAR ELECTRIC CO INC HAL E VERBLE & SON INC HAMILTON, MICHAEL HANCE COMPANIES HARMON AUTOGLASS HARTFORD CAPITAL GROUP HENDERSON, JOSH HENNEPIN COUNTY PUBLIC RECORDS HENNEPIN COUNTY TREASURER PROFESSIONAL SERVICES SOFTWARE POSTAGE POLICE EQUIPMENT POSTAGE MOTOR FUELS COMMUNICATIONS OPERATING SUPPLIES-GENERAL EQUIPMENT PARTS FIRE PREVENTION SUPPLIES SMALL TOOLS OPERATING SUPPLIES-GENERAL CONTRACTED REPAIR & MAINT OFFICE SUPPLIES MISC TAXABLE BLDG REPAIR & MAINT EMPLOYEE AWARD REPAIR & MAINT SUPPLIES BLDG REPAIR & MAINT FIRE PREVENTION SUPPLIES OTHER CONTRACTED SERVICES BLDG REPAIR & MAINT CONTRACTED REPAIR & MAINT OTHER CONTRACTED SERVICES EQUIPMENT PARTS CONTRACTED REPAIR & MAINT DEPOSITS OTHER CONTRACTED SERVICES RECORDING DOCUMENT FEE OPERATING SUPPLIES-GENERAL 1 FIRE CAPITAL OUTLAY-PARK STARING LAKE TREE REMOVAL POOL MAINTENANCE FIRE STATION #1 HUMAN RESOURCES EQUIPMENT MAINTENANCE OUTDOOR CENTER-STARING LAKE WATER TREATMENT PLANT WATER TREATMENT PLANT SEWER SYSTEM MAINTENANCE EP CITY CTR OPERATING COSTS EQUIPMENT MAINTENANCE STREET MAINTENANCE CEMETERY OPERATION POLICE WATER TREATMENT PLANT TRAFFIC SIGNS SPECIAL EVENTS/TRIPS WATER SYSTEM SAMPLE COUNCIL FINANCE DEPT TREE REMOVAL SEWER SYSTEM MAINTENANCE COMMUNITY CENTER HVAC STORM DRAINAGE GENERAL POLICE GENERAL ICE ARENA POLICE FITNESS CLASSES EQUIPMENT MAINTENANCE FIRE PARK MAINTENANCE WATER TREATMENT PLANT INFORMATION SYSTEM WATER UTILITY-GENERAL PRAIRIE VILLAGE LIQUOR #1 WATER SYSTEM MAINTENANCE HUMAN RESOURCES FITNESS CENTER WATER TREATMENT PLANT FIRE WATER SYSTEM MAINTENANCE PARK MAINTENANCE FIRE BROOMBALL EQUIPMENT MAINTENANCE EQUIPMENT MAINTENANCE ESCROW BASKETBALL ENGINEERING DEPT COMMUNITY DEVELOPMENT COUNCIL CHECK REGISTER CHECK NO CHECK AMOUNT $70.23 $1,900.75 $386.00 $276.00 $2,080.00 $130.00 $35.00 $62.21 $355.43 $26.45 $189.00 $401.72 $269.24 $94.97 $9.65 $4,586.39 $96.89 $180.00 $311. 94 $200.00 $680.12 VENDOR HENNEPIN COUNTY HENNEPIN TECHICAL COLLEGE HIGLEY, STEVE HOLMES, TOM HONEYWELL INC lAAO IAPE IKON OFFICE SOLUTIONS* INDUSTRIAL FINISHING INDUSTRIAL LIGHTING SUPPLY INC INTERFACE INTERSTATE BEARING INTERSTATE DETROIT DIESEL INC* ITS A KEEPER J H LARSON ELECTRICAL COMPANY JACK EDWARD ANDERSON ARCHITECT JANEX INC JERDE, BRENDA KNOX BUILDING MATERIALS 10-MAR-1998 (09:57) DESCRIPTION WASTE DISPOSAL SPECIAL EVENTS FEES OTHER CONTRACTED SERVICES OTHER CONTRACTED SERVICES OTHER CONTRACTED SERVICES DUES & SUBSCRIPTIONS DUES & SUBSCRIPTIONS OFFICE SUPPLIES· CONTRACTED REPAIR & MAINT OPERATING SUPPLIES-GENERAL DUES & SUBSCRIPTIONS EQUIPMENT PARTS EQUIPMENT PARTS EMPLOYEE AWARD OPERATING SUPPLIES-GENERAL CANINE SUPPLIES CLEANING SUPPLIES OTHER CONTRACTED SERVICES BUILDING MATERIALS L & S HOSPITALITY AND DIRECTOR ADVERTISING LAB SAFETY SUPPLY INC OPERATING SUPPLIES-GENERAL 60808 60809 60810 60811 60812 60813 60814 60815 60816 60817 60818 60819 60820 60821 60822 60823 60824 60825 60826 60827 60828 60829 60830 60831 60832 60833 60834 60835 60836 60837 60838 60839 60840 60841 60842 60843 60844 60845 60846 60847 60848 60849 60850 60851 60852 60853 60854 60855 60856 60857 60858 60859 60860 60861 60862 $684.68 LAKE COUNTRY DOOR $1,985.13 LAKE REGION VENDING CONTRACTED BLDG REPAIRS TOBACCO PRODUCTS EQUIPMENT PARTS $769.17 $136.00 $21,531.37 $2,029.89 $308.54 $122.15 $39,719.75 $1,496.22 $291. 76 $5,029.00 $26.94 $217.05 $2,523.72 $3,072.76 $552.72 $40.00 $3,154.51 $250,941.91 $139.32 $150.00 $5,377.56 $40.48 $107.06 $185.32 $406.00 $91. 70 $30.00 $23.00 $30.00 $100.00 $52.98 $745.44 LAKELAND FORD TRUCK SALES LAND'S END CORPORATE SALES CLOTHING & UNIFORMS LANG PAULY GREGERSON AND ROSOW LEGAL SERVICE LEFFLER PRINTING COMPANY LIBERTY PROPERTY DEVELOPMENT C LOFFLER BUSINESS SYSTEMS INC LOGIS M-K GRAPHICS MACQUEEN EQUIPMENT INC MAMA-LMC LABOR RELATIONS SERVI MAXI-PRINT INC MCNAMARA SALES CO ME2 INC MED-COMPASS, INC. MENARD INC METRO LEGAL SERVICES INC METRO SALES INCORPORATED* METROPOLITAN COUNCIL ENVIRONME METROPOLITAN FORD METROPOLITAN STATE UNIVERSITY MICROAGE OF MINNESOTA MIDLAND EQUIPMENT COMPANY MINN BLUE DIGITAL MINNEAPOLIS AREA ASSOC OF REAL MINNESOTA BUSINESS FORMS MINNESOTA COUNTY ATTORNEYS ASS MINNESOTA GFOA MINNESOTA POLLUTION CONTROL AG MINNESOTA SAFETY COUNCIL MINNESOTA SENIOR FEDERATION MINNESOTA TROPHIES & GIFTS MINNESOTA VIKINGS FOOD SERVICE PRINTING DEPOSITS OFFICE SUPPLIES LOGIS SERVICE OFFICE SUPPLIES EQUIPMENT PARTS DUES & SUBSCRIPTIONS PRINTING EQUIPMENT PARTS PROFESSIONAL SERVICES PERSONNEL TESTING DEPOSITS OTHER CONTRACTED SERVICES CONTRACTED REPAIR & MAINT WASTE DISPOSAL EQUIPMENT PARTS SCHOOLS OFFICE EQUIPMENT EQUIPMENT PARTS OPERATING SUPPLIES-GENERAL OPERATING SUPPLIES-GENERAL OFFICE SUPPLIES PRINTING DUES & SUBSCRIPTIONS LICENSES & TAXES TRAVEL SPECIAL EVENTS FEES OPERATING SUPPLIES-GENERAL TRAVEL PROGRAM PARK MAINTENANCE SENIOR CENTER PROGRAM VOLLEYBALL VOLLEYBALL WATER TREATMENT PLANT IN SERVICE TRAINING POLICE GENERAL STREET MAINTENANCE WATER TREATMENT PLANT WATER TREATMENT PLANT EQUIPMENT MAINTENANCE EQUIPMENT MAINTENANCE HUMAN RESOURCES STREET LIGHTING DRUG FORFEITURE EATON BLDG VOLLEYBALL TOPVIEW FIELD PRAIRIE VILLAGE LIQUOR #1 FIRE FIRE STATION #1 PRAIRIE VILLAGE LIQUOR #1 EQUIPMENT MAINTENANCE POLICE LEGAL COUSEL SCHEDULE OF EVENTS ESCROW GENERAL INFORMATION SYSTEM GENERAL EQUIPMENT MAINTENANCE COUNCIL POLICE WATER TREATMENT PLANT GENERAL BUILDING FACILITIES FIRE ESCROW 1996 REHABILITATION GENERAL SEWER UTILITY-GENERAL EQUIPMENT MAINTENANCE FIRE FINANCE DEPT EQUIPMENT MAINTENANCE ENGINEERING DEPT ASSESSING-ADMIN GENERAL POLICE IN SERVICE TRAINING SEWER UTILITY-GENERAL IN SERVICE TRAINING SENIOR CENTER PROGRAM POLICE COUNCIL COUNCIL CHECK REGISTER 10-MAR-1998 (09:57) CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM ------------------------------------------------------------------------------------------------------------------------ 60864 60865 60866 60867 60868 60869 60870 60871 60872 60873 60874 60875 60876 60877 60878 60879 60880 60881 60882 60883 60884 60885 60886 60887 60888 60889 60890 60891 60892 60893 60894 60895 60896 60897 60898 60899 60900 60901 60902 60903 60904 60905 60906 60907 60908 60909 60910 60911 60912 60913 60914 60915 60916 60917 60918 $100.00 $237.72 $114.80 $11,000.00 $5,140.96 $35.79 $63.86 $284.76 $659.24 $143.77 $23.38 $1,679.05 $519.55 $12,960.26 $9.90 $289.90 $280.00 $160.00 $388.87 $16.51 $496.00 $114.77 $492.64 $88.00 $35.12 $69.90 $5,956.43 $372.75 $48.99 $234.00 $1,069.00 $505.00 $240.00 $350.15 $2,270.32 $79.80 $120.00 $109.45 $41. 75 $54.83 $782.41 $31. 90 $48.53 $190.63 $1,480.65 $1,721.68 $186.89 $1,446.95 $11.68 $493.27 $1,875.00 $485.00 $63.58 $83.53 $163.03 MINNETONKA PUBLIC SCHOOLS MTI DISTRIBUTING CO MUNICILITE MUNICIPAL LEGISLATIVE COMMISSI NATIONWIDE ADVERTISING SERVICE NORTH STAR ICE NORTHERN OHLIN SALES OPM INFORMATION SYSTEMS PAPER SHOWCASE PARAGON CABLE PARSONS ELECTRIC CO PEPSI COLA COMPANY PETERSON ENVIRONMENTAL CONSULT POKORNY COMPANY PRAIRIE LAWN AND GARDEN PRECISION BUSINESS SYSTEMS INC PRINTERS SERVICE INC PRIVATE RESERVE CIGAR CO PROCOLOR PROFESSIONAL TRAVEL CENTERS QUALITY FLOW SYSTEMS INC QUALITY WASTE CONTROL INC QUICKSILVER EXPRESS COURIER R & R SPECIALITIES INC RAY ALLEN MANUFACTURING CO INC RAYS SPORT & CYCLE ROO EQUIPMENT CO REGAL CLEANERS REMIARZ, TONY RES WELL DRILLING CO INC RICHARD ALAN PRODUCTIONS RICHFIELD, CITY OF RITZ CAMERA RMR SERVICES INC ROADRUNNER TRANSPORTATION INC RYDER STUDENT TRANSPORTATION S & B MFG CO INC SALLY DISTRIBUTORS SAMUEL FRENCH INC SAVOIE SUPPLY CO INC SCHERSTAD SYSTEMS INC SEARS SNAP-ON TOOLS SNELL MECHANICAL INC SOUTHWEST SUBURBAN PUBLISHING- SPIRAL MANUFACTURING CO INC SRF CONSULTING GROUP INC STAR TRIBUNE STORAGE EQUIPMENT INC STOREFRONT/YOUTH ACTION INC STRASBURG, JOAN STREICHERS STYLING TECHNOLOGY CORPORATION SUBURBAN CHEVROLET GEO OTHER CONTRACTED SERVICES EQUIPMENT PARTS EQUIPMENT PARTS DUES & SUBSCRIPTIONS EMPLOYMENT ADVERTISING MISC TAXABLE REPAIR & MAINT SUPPLIES OPERATING SUPPLIES-GENERAL CONTRACTED REPAIR & MAINT OFFICE SUPPLIES CABLE TV CONTRACTED BLDG REPAIRS MERCHANDISE FOR RESALE PROFESSIONAL SERVICES OPERATING SUPPLIES-GENERAL REPAIR & MAINT SUPPLIES OFFICE EQUIP MAINT REPAIR & MAINT SUPPLIES TOBACCO PRODUCTS OPERATING SUPPLIES-GENERAL TRAVEL EQUIPMENT PARTS WASTE DISPOSAL POSTAGE REPAIR & MAINT SUPPLIES CANINE SUPPLIES MACHINERY EQUIPMENT EQUIPMENT PARTS PROFESSIONAL SERVICES OTHER CONTRACTED SERVICES CONTRACTED REPAIR & MAINT OTHER CONTRACTED SERVICES SPECIAL EVENTS FEES VIDEO SUPPLIES OTHER CONTRACTED SERVICES CONTRACTED REPAIR & MAINT TRANSPORTATION REPAIR & MAINT SUPPLIES OPERATING SUPPLIES-GENERAL OPERATING SUPPLIES-GENERAL CLEANING SUPPLIES OPERATING SUPPLIES-GENERAL EQUIPMENT PARTS SMALL TOOLS REPAIR & MAINT SUPPLIES ADVERTISING OPERATING SUPPLIES-GENERAL DESIGN & CONST MISC NON-TAXABLE BLDG REPAIR & MAINT PROFESSIONAL SERVICES OTHER CONTRACTED SERVICES OPERATING SUPPLIES-GENERAL OFFICE SUPPLIES EQUIPMENT PARTS PARK/REC ADMIN EQUIPMENT MAINTENANCE EQUIPMENT MAINTENANCE COUNCIL HUMAN RESOURCES PRAlRE VIEW LIQUOR #3 WATER SYSTEM MAINTENANCE POLICE INFORMATION SYSTEM REC SUPERVISOR COMMUNITY SERVICES WATER TREATMENT PLANT CONCESSIONS WETLAND DATABASE DEVELOPMENT PARK MAINTENANCE PARK MAINTENANCE WATER UTILITY-GENERAL ICE ARENA LIQUOR STORE CUB FOODS ENGINEERING DEPT FIRE SEWER LIFTSTATION EPCC MAINTENANCE GENERAL ICE ARENA POLICE CAPITAL OUTLAY-PARK EQUIPMENT MAINTENANCE POLICE BROOMBALL DOUGLAS/MORE HOUSE SUMMER SAFETY CAMP ADULT PROGRAM COMMUNITY SERVICES WATER METER REPAIR EQUIPMENT MAINTENANCE SPECIAL EVENTS/TRIPS ICE ARENA SOCIAL ARTS WATER TREATMENT PLANT FIRE EQUIPMENT MAINTENANCE EQUIPMENT MAINTENANCE EPCC MAINTENANCE SCHEDULE OF EVENTS PARK MAINTENANCE Scenic Heights Road PRAIRE VIEW LIQUOR #3 PARK MAINTENANCE HOUSING, TRANS, & SOC SVC BASKETBALL POLICE POLICE EQUIPMENT MAINTENANCE COUNCIL CHECK REGISTER CHECK NO CHECK AMOUNT 6091.9 60920 60921 60922 60923 60924 60925 60926 60927 60928 60929 60930 60931 60932 60933 60934 60935 60936 60937 60938 60939 60940 60941 60942 60943 60944 60945 60946 60947 60948 60949 60950 60951 60952 60953 60954 60955 60956 60957 60958 60959 60960 60961 60962 60963 60964 60965 60966 60967 60968 60969 60970 60971 60972 60973 $61.83 $166.27 $1,188.60 $272.86 $2,808.00 $468.00 $181. 95 $340.80 $2,000.00 $374.91 $342.00 $173.98 $238.90 $31.95 $16.15 $126.88 $3,721. 07 $11,523.12 $76.00 $909.63 $10.27 $860.00 $415.99 $155.12 $11.57 $106.52 $1,271. 00 $1,526.17 $150.00 $625.00 $783.44 $667.03 $110.00 $141.50 $895.13 $18.37 $402.94 $25.00 $120.00 $867.00 $2,503.40 $214.12 $375.14 $320.00 $480.00 $173.23 $47.00 $100.00 $50.00 $121.00 $30.00 $75.00 $1,058.26 $881.63 $195.00 VENDOR SUBURBAN PROPANE SUBURBAN TIRE & AUTO SERVICE I SUMMIT ENVIROSOLUTIONS SUNSOURCE/FAUVER SURVIVAL INK CORP SWANSON, JEFF SWANSONS PRESSURE CLEANERS INC T WILLLIAMS TEENS ALONE THERMOGAS COMPANY TIE COMMUNICATIONS INC* TOLL GAS AND WELDING SUPPLY TOWN AND COUNTRY DODGE TRAFFIC & PARKING CONTROL CO I TRANS UNION CORPORATION TWIN CITY OXYGEN CO UNIFORMS UNLIMITED US FILTER/WATERPRO US PREMISE NETWORKING SERVICES US WEST DIRECTORY ADVERTISING VAUGHN DISPLAY & FLAG VISIONARY SYSTEMS LTD VWR SCIENTIFIC PRODUCTS W W GRAINGER INC WALMART STORES INC WASTE MANAGEMENT -BLAINE WATER TECHNOLOGY INC. WATSON CO INC, THE WEATHER WATCH INC WEST SUBURBAN MEDIATION CENTER WESTACOTT, JOEL WESTSIDE EQUIPMENT WONDER WEAVERS YALE INCORPORATED ZACKS INC ZEE MEDICAL SERVICE ZEP MANUFACTURING CO SENSIBLE LAND USE COALITION BCA CJIS ID UNIT BREHM GROUP INC, THE CANADA LIFE ASSURANCE COMPANY CARLTON CO HUMAN SERVICES CTR CARVER COUNTY COURTHOUSE CHANHASSEN DINNER THEATRE COMMONWEALTH FILMS INC CRACAUER, CLIFF DEPENDABLE INDOOR AIR FIRE/EMS CENTER GENERAL MILLS GENZ-RYAN GOVERNMENT FINANCE OFFICERS AS HENNEPIN COUNTY ATTORNEYS OFFI HENNEPIN COUNTY SUPPORT AND KRAEMERS HARDWARE INC LAKE SUPERIOR COLLEGE FIRE SCH 10-MAR-1998 (09:57) GAS TIRES DESCRIPTION PROFESSIONAL SERVICES EQUIPMENT PARTS DEPOSITS OTHER CONTRACTED SERVICES EQUIPMENT PARTS OPERATING SUPPLIES-GENERAL PROFESSIONAL SERVICES GAS TELEPHONE REPAIR & MAINT SUPPLIES CONTRACTED REPAIR & MAINT SIGNS PROFESSIONAL SERVICES EQUIPMENT PARTS NEW CAR EQUIPMENT EQUIPMENT PARTS CONTRACTED REPAIR & MAINT ADVERTISING OPERATING SUPPLIES-GENERAL LICENSES & TAXES OPERATING SUPPLIES-GENERAL OPERATING SUPPLIES-GENERAL OPERATING SUPPLIES-GENERAL WASTE DISPOSAL PROFESSIONAL SERVICES MERCHANDISE FOR RESALE OTHER CONTRACTED SERVICES PROFESSIONAL SERVICES OTHER CONTRACTED SERVICES SMALL TOOLS OTHER CONTRACTED SERVICES CONTRACTED EQUIP REPAIR LUBRICANTS & ADDITIVES SAFETY SUPPLIES EQUIPMENT PARTS TRAVEL PHYSICAL & PSYCO EXAM HOSPITALIZATION INS DISABILITY IN EMPLOYERS GARNISHMENT WITHHELD GARNISHMENT WITHHELD DEPOSITS TRAINING SUPPLIES MILEAGE AND PARKING CASH OVER/SHORT CONFERENCE FACILITIES RENTAL CASH OVER/SHORT SOFTWARE SCHOOLS GARNISHMENT WITHHELD OPERATING SUPPLIES-GENERAL CONFERENCE (0 PROGRAM PARK MAINTENANCE EQUIPMENT MAINTENANCE Bearpath monitoring EQUIPMENT MAINTENANCE ESCROW BROOMBALL WATER TREATMENT PLANT FIRE HOUSING, TRANS, & SOC SVC OUTDOOR CENTER-STARING LAKE GENERAL PARK MAINTENANCE EQUIPMENT MAINTENANCE TRAFFIC SIGNS POLICE EQUIPMENT MAINTENANCE EQUIPMENT MAINTENANCE WATER METER REPAIR INSPECTION-ADMIN PRAIRIE VILLAGE LIQUOR #1 SUMMER SAFETY CAMP FIRE WATER TREATMENT PLANT TRAFFIC SIGNS POLICE PRAIRIE VILLAGE LIQUOR #1 COMMUNITY CENTER FILTRATION CONCESSIONS SNOW & ICE CONTROL COMMUNITY SERVICES COMMUNITY SERVICES EQUIPMENT MAINTENANCE SOCIAL WATER TREATMENT PLANT EQUIPMENT MAINTENANCE POOL OPERATIONS EQUIPMENT MAINTENANCE IN SERVICE TRAINING HUMAN RESOURCES BENEFITS FD 10 ORG FD 10 ORG FD 10 ORG ESCROW IN SERVICE TRAINING EQUIPMENT MAINTENANCE FD 10 ORG FIRE OUTDOOR CTR PROGRAM FD 10 ORG FINANCE DEPT POLICE FD 10 ORG FIRE FIRE COUNCIL CHECK REGISTER CHECK NO CHECK AMOUNT 60974 60975 60976 60977 60978 60979 60980 60981 60982 60983 60984 60985 60986 60987 60988 60989 60990 60991 60992 60993 60994 60995 60996 60997 60998 60999 61000 61001 61002 61003 61004 61005 61006 61007 61008 61009 61010 61011 61012 61013 61014 61015 61016 61018 61020 61021 61022 61023 61024 61025 61026 61027 61029 61030 61031 $30.00 $22.75 $20.00 $100.00 $4,115.72 $297.00 $50.00 $5,000.00 $759.00 $200.00 $1,552.51 $47.55 $28.93 $12,607.95 $396.00 $400.00 $425.00 $10,558.28 $97.01 $75.00 $168.60 $52.00 $98.75 $40.00 $3,508.15 $381. 00 $9,262,74 $55.00 $165.00 $3,625.30 $182.01 $58.50 $49.32 $127.55 $2,939.83 $40.00 $160.31 $1,316.95 $8,252.25 $12,589.90 $4.50 $38.40 $9,533.12 $883.79 $17,820.00 $11.20 $680.55 $4,990.37 $515.08 $9,844.74 $434.24 $156.55 $58.90 $62.85 $14,094.70 VENDOR LEAGUE OF MINNESOTA CITIES MEYER, NICOLE MRPA NATURAL RESOURCES, DEPT OF PRUDENTIAL HEALTHCARE GROUP PUBLIC EMPLOYEES RETIREMENT RlVERLAND COMMUNITY COLLEGE TRANSPORTATION, COMMISSIONER 0 UNITED HEALTHCARE SERVICES INC WARNING LITES CORPORATE EXPRESS KRAEMERS HARDWARE INC MEYER, NICOLE MINNESOTA STATE TREASURER WELCH VILLAGE BLUE CHIP PRODUCTIONS RUSH, GREG PETERSON ENVIRONMENTAL CONSULT BINGHAM, SALLY BRACE, LANCE CAMAS-SHIELY DIVISION HENRIKSEN, JANET HOLIDAY INN DOWNTOWN IKI JASON-NORTHCO L.P. #1 JULLIE, CARL J MASSACHUSETTS MUTUAL LIFE INSU MASS MINNESOTA ASPHALT PAVEMENT ASS PETER ANDREA COMPANY RESPOND SYSTEMS SINELL, STEVE STENCILS & MARKING PROD INC UNLIMITED SUPPLIES INC US POSTMASTER WARNING LITES AT&T DAHLHEIMER DISTRIBUTING COMPAN DAY DISTRIBUTING EAST SIDE BEVERAGE COMPANY FLARE HEATING JOHNSON, PATRICIA MARK VII MENARDS METROPOLITAN COUNCIL ENVIRONME MEYER, ROBERT W MIDWEST COCA COLA BOTTLING COM MINNESOTA STATE TREASURER MINNESOTA VALLEY ELECTRIC COOP NORTHERN STATES POWER CO PEPSI COLA COMPANY PETTY CASH PHILLIPS WINE AND SPIRTS INC PINNACLE DISTRIBUTING THORPE DISTRIBUTING 10-MAR-1998 (09:57) DESCRIPTION CONFERENCE MILEAGE AND PARKING CONFERENCE INSTRUCTOR SERVICE LIFE INSURANCE EMPLOYERS LIFE INSURANCE W/H CONFERENCE BLDG RENTAL EMPLOYEE ASSISTANCE CONFERENCE OFFICE SUPPLIES REPAIR & MAINT SUPPLIES MILEAGE AND PARKING BLDG SURCHARGES SPECIAL EVENTS FEES PROFESSIONAL SERVICES OTHER CONTRACTED SERVICES PROFESSIONAL SERVICES OTHER CONTRACTED SERVICES SCHOOLS GRAVEL LESSONS/CLASSES SCHOOLS INSTRUCTOR SERVICE LICENSES & TAXES TRAVEL REPAIR & MAINT SUPPLIES CONFERENCE CONFERENCE ZONING CHARGES/VARIANCE FEES SAFETY SUPPLIES TRAVEL OPERATING SUPPLIES-GENERAL EQUIPMENT PARTS POSTAGE CONFERENCE TELEPHONE BEER 6/12 BEER 6/12 BEER 6/12 CASH OVER/SHORT DENTAL REIMBURSEMENT BEER 6/12 REPAIR & MAINT SUPPLIES SYSTEM ACCESS-SEWER OPERATING SUPPLIES-GENERAL MISC TAXABLE BLDG SURCHARGES ELECTRIC ELECTRIC MISC TAXABLE OPERATING SUPPLIES-GENERAL BEER 6/12 TOBACCO PRODUCTS BEER 6/12 II PROGRAM FIRE PROGRAM SUPERVISOR IN SERVICE TRAINING OUTDOOR CTR PROGRAM FD 10 ORG FD 10 ORG FIRE FIRE STATION BENEFITS IN SERVICE TRAINING GENERAL WATER SYSTEM MAINTENANCE PROGRAM SUPERVISOR BUILDING SURCHARGE SKI TRIPS/WINTER CAMP OAK POINT SPECIAL EVENTS SOCIAL WETLAND DATABASE DEVELOPMENT 1996 REHABILITATION POLICE STREET MAINTENANCE POOL LESSONS POLICE SENIOR CENTER PROGRAM PRAIRIE VILLAGE LIQUOR #1 IN SERVICE TRAINING PRAlRE VIEW LIQUOR #3 IN SERVICE TRAINING IN SERVICE TRAINING FD 10 ORG STREET MAINTENANCE IN SERVICE TRAINING TRAFFIC SIGNS EQUIPMENT MAINTENANCE COMMUNITY SERVICES IN SERVICE TRAINING TRANSIT SYSTEM LIQUOR STORE CUB FOODS LIQUOR STORE CUB FOODS LIQUOR STORE CUB FOODS FD 10 ORG BENEFITS LIQUOR STORE CUB FOODS FIRE STATION #1 SEWER DEPT PROGRAM SUPERVISOR LIQUOR STORE CUB FOODS BUILDING SURCHARGE STORMWATER LIFTSTATION EPCC MAINTENANCE PRAIRIE VILLAGE LIQUOR #1 SENIOR CENTER PROGRAM PRAIRE VIEW LIQUOR #3 LIQUOR STORE CUB FOODS LIQUOR STORE CUB FOODS COUNCIL CHECK REGISTER CHECK NO CHECK AMOUNT 61032 61033 61034 61035 61036 61037 61038 61039 61040 61041 61042 61043 61044 61045 61046 61047 61048 61049 61050 61051 61052 61053 61054 61055 61056 61057 61058 61060 61061 61062 61063 61064 61065 61066 61067 61068 61069 61070 61071 61072 61073 61074 61075 61076 61077 61078 61085 61086 61087 61088 61089 61090 61091 61093 61094 $219.94 $4,878.82 $4.25 $29.00 $18.86 $22.26 $214.12 $375.14 $95.55 $51,379.80 $50.00 $3,405.00 $565.39 $1,058.26 $127.11 $577.20 $30.55 $91. 98 $60,935.84 $25.50 $37.29 $212.98 $40.21 $106.65 $14.42 $119.23 $196.98 $4,512.50 $154.70 $252.58 $222.17 $314.95 $1,104.55 $70.58 $25.50 $25.52 $80.39 $333.00 $70.00 $70.00 $26.84 $87.60 $105.12 $184.49 $36.98 $4,788.91 $1,520.71 $80.00 $495.00 $64.00 $40.00 $359.62 $3,277.03 $121. 04 $327.00 VENDOR US POSTMASTER -HOPKINS US WEST COMMUNICATIONS MS, TERRY BINGHAM, JILL BREMER, NANCY BYRNE, JIM CARLTON CO HUMAN SERVICES CTR CARVER COUNTY COURTHOUSE COLWELL, TOM CUSTOM FIRE APPARATUS INC DAYTON HUDSON CORPORATION EAST SIDE BEVERAGE COMPANY GLIDDEN COMPANY HENNEPIN COUNTY SUPPORT AND HOLIDAY INN HOTEL & SUITES HOLIDAY INN SELECT AIRPORT HUMPHREY, ROBERT LANENBERG, CYNTHIA LINCOLN STUDIOS MIDWEST MATULA, LISA MEYER, NICOLE OFFICE DEPOT PAPER WAREHOUSE PEMMARAJU, RAO PERKINS, CARL PETTY CASH-POLICE DEPT PROEX PHOTO SYSTEMS SBS MECHANICAL INC THIES, DOUG UNLIMITED SUPPLIES INC US POSTMASTER US WEST COMMUNICATIONS WEST SUBURBAN COLUMBUS CREDIT WHITE, ANDREW WHITE, JULIE AMOCO OIL COMPANY CUB FOODS EDEN PRAIRIE HOLIDAY INN -DULUTH KOERBER, JAMES KRUEGER, JILL PROEX PHOTO SYSTEMS RODEWAY INN SUPER 8 MOTEL WADE MARSHALL AUTO REPAIR ENGER, CHRIS GENUINE PARTS COMPANY GLIDDEN COMPANY MACQUEEN EQUIPMENT INC MINNESOTA ASPHALT PAVEMENT ASS MINNESOTA DEPT OF HEALTH MPCA REBS MARKETING US WEST COMMUNICATIONS A TO Z RENTAL CENTER A-1 ROOTMASTER INC 10-MAR-1998 (09:57) DESCRIPTION POSTAGE TELEPHONE LESSONS/CLASSES LESSONS/CLASSES LESSONS/CLASSES ACCTS REC-CUSTOMER GARNISHMENT WITHHELD GARNISHMENT WITHHELD MILEAGE AND PARKING MACHINERY EQUIPMENT FACILITIES RENTAL BEER 6/12 REPAIR & MAINT SUPPLIES GARNISHMENT WITHHELD TRAVEL TRAVEL ACCTS REC-CUSTOMER MILEAGE AND PARKING IMPROVEMENT CONTRACTS LESSONS/CLASSES OPERATING SUPPLIES-GENERAL OFFICE SUPPLIES MISCELLANEOUS FAMILY RESIDENT MEMBERSHIP ACCTS REC-CUSTOMER POSTAGE PHOTO SUPPLIES IMPROVEMENT CONTRACTS TRAVEL SMALL TOOLS POSTAGE TELEPHONE CREDIT UNION ACCTS REC-CUSTOMER LESSONS/CLASSES MOTOR FUELS MISCELLANEOUS TRAVEL ADULT/YOUTH/OUTDOOR CTR PROG ADULT/YOUTH/OUTDOOR CTR PROG PHOTO SUPPLIES TRAVEL TRAVEL HOPE LOAN RECEIVABLE TRAVEL REPAIR & MAINT SUPPLIES BLDG REPAIR & MAINT CONFERENCE CONFERENCE LICENSES & TAXES LICENSES & TAXES OTHER CONTRACTED SERVICES TELEPHONE EQUIPMENT RENTAL CONTRACTED REPAIR & MAINT ;;.. PROGRAM SENIOR CENTER PROGRAM GENERAL POOL LESSONS POOL LESSONS POOL LESSONS WATER DEPT FD 10 ORG FD 10 ORG ADAPTIVE RECREATION PIS REVOLVING FD OUTDOOR CTR PROGRAM LIQUOR STORE CUB FOODS WATER TREATMENT PLANT .FD 10 ORG FIRE FIRE WATER DEPT FIRE 10 MGD WATER PLANT EXPANSION POOL LESSONS SOCIAL POLICE POLICE COMMUNITY CENTER ADMIN WATER DEPT GENERAL INSPECTION-ADMIN COMMUNITY CENTER HVAC FIRE EQUIPMENT MAINTENANCE COMMUNITY SERVICES GENERAL FD 10 ORG WATER DEPT POOL LESSONS EQUIPMENT MAINTENANCE POLICE FIRE OUTDOOR CTR PROGRAM OUTDOOR CTR PROGRAM WATER TREATMENT PLANT COUNCIL FIRE hope auto repair IN SERVICE TRAINING SEWER SYSTEM MAINTENANCE WATER TREATMENT PLANT IN SERVICE TRAINING IN SERVICE TRAINING WATER UTILITY-GENERAL SEWER UTILITY -GENERAL WATER ACCOUNTING SEWER LIFTSTATION WATER SYSTEM MAINTENANCE SEWER SYSTEM MAINTENANCE COUNCIL CHECK REGISTER 10-MAR-1998 (09:57) CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM ------------------------------------------------------------------------------------------------------------------------ 61095 61096 61097 61098 61099 61100 61101 61102 61103 61104 61105 61106 61107 61108 61109 61110 61111 61112 61113 61114 61115 61116 61117 61118 61119 61120 61121 61123 61127 61128 61129 61130 61131 61132 61133 61134 61135 61136 61137 61138 61139 61140 61141 61142 61143 61144 61145 61146 61147 61148 61149 61150 61151 61152 61153 $179.87 $2,468.75 $171.70 $537.16 $500.73 $882.05 $550.00 $165.18 $241.20 $99.80 $1,007.93 $456.30 $3,641.17 $221.47 $200.00 $30.00 $78.81 $706.04 $612.70 $479.99 $126.14 $340.00 $287.50 $189.92 $7,127.22 $246.81 $2,304.26 $2,047.77 $575.48 $153.36 $7,079.18 $89.40 $15.00 $1,130.37 $420.00 $9,821. 82 $917.26 $558.87 $19.76 $165.36 $575.00 $408.00 $1,506.74 $47.00 $68.00 $210.00 $186.39 $92.13 $23.70 $153.75 $398.99 $93.40 $4,257.00 $365.73 $1,020.27 ADT SECURITY SYSTEMS INC ADVERTISING INCENTIVES AIM ELECTRONICS ALTERNATIVE BUSINESS FURNITURE AMERICAN LINEN SUPPLY COMPANY APPLIANCE OUTLET CENTER APWA ARMOR SECURITY INC ASPEN REACH EQUIPMENT COMPANY ATCO INTERNATIONAL AUDIOVISUAL INC B & STOOLS BACONS ELECTRIC COMPANY BAUER BUILT TIRE AND BATTERY BCA/FORENSIC SCIENCE LABORATOR BCA/TRAINING & DEVELOPMENT BECKER ARENA PRODUCTS INC BELLBOY CORPORATION BIFFS INC BLOOMINGTON LOCK AND SAFE* BRO-TEX INC BROWN, JENNIFER BROWN, PAUL BURTON EQUIPMENT INC CAPITOL COMMUNICATIONS CCP INDUSTRIES CENTRAIRE INC CHANHASSEN BUMPER TO BUMPER CHANHASSEN LAWN AND SPORTS CLAREYS INC CLARKLIFT OF MINNESOTA INC CO 2 SERVICES COMPUTER CHEQUE OF MINNESOTA I CONNEY SAFETY PRODUCTS CUSTOM FIRE APPARATUS INC CUTLER-MAGNER COMPANY D J'S MUNICIPAL SUPPLY INC DANKO EMERGENCY EQUIPMENT CO DELEGARD TOOL CO DIESEL COMPONENTS INC DIETHELM, GARY DPC INDUSTRIES INC EARL F ANDERSEN INC EDEN PRAIRIE CHAMBER OF COMMER EDINA S W PLUMBING EKLUNDS TREE AND BRUSH DISPOSA ELVIN SAFETY SUPPLY INC EQUISERV EXPRESS MESSENGER SYSTEMS INC FERRELLGAS FIBRCOM FILTRATION SYSTEMS FIRST TRUST NATIONAL ASSN FISHER SCIENTIFIC FLEXIBLE PIPE TOOL COMPANY CONTRACTED BLDG REPAIRS CLOTHING & UNIFORMS REPAIR & MAINT SUPPLIES FURNITURE & FIXTURES OTHER CONTRACTED SERVICES FURNITURE & FIXTURES DUES & SUBSCRIPTIONS CONTRACTED REPAIR & MAINT EQUIPMENT PARTS CHEMICALS CONTRACTED REPAIR & MAINT SMALL TOOLS BLDG REPAIR & MAINT CONTRACTED REPAIR & MAINT SCHOOLS SCHOOLS REPAIR & MAINT SUPPLIES OPERATING SUPPLIES-GENERAL. WASTE DISPOSAL REPAIR & MAINT SUPPLIES EQUIPMENT PARTS OTHER CONTRACTED SERVICES OTHER CONTRACTED SERVICES OTHER EQUIPMENT RADIOS CLEANING SUPPLIES CONTRACTED REPAIR & MAINT EQUIPMENT PARTS OPERATING SUPPLIES-GENERAL EQUIPMENT PARTS OTHER EQUIPMENT CHEMICALS OTHER CONTRACTED SERVICES CLEANING SUPPLIES MISC FIRE EQUIPMENT CHEMICALS OPERATING SUPPLIES-GENERAL EQUIPMENT PARTS CONTRACTED REPAIR & MAINT EQUIPMENT PARTS OTHER CONTRACTED SERVICES CHEMICALS SIGNS TRAVEL CONTRACTED BLDG REPAIRS WASTE DISPOSAL REPAIR & MAINT SUPPLIES CONTRACTED REPAIR & MAINT POSTAGE MOTOR FUELS COMMUNICATIONS REPAIR & MAINT SUPPLIES PAYING AGENT OPERATING SUPPLIES-GENERAL EQUIPMENT PARTS /3 FIRE STATION #2 PRAIRIE VILLAGE LIQUOR #1 ICE ARENA TREE DISEASE PRAlRE VIEW LIQUOR #3 WATER TREATMENT PLANT IN SERVICE TRAINING OUTDOOR CENTER-STARING LAKE EQUIPMENT MAINTENANCE PARK MAINTENANCE POLICE WATER SYSTEM MAINTENANCE WATER TREATMENT PLANT EQUIPMENT MAINTENANCE POLICE POLICE ICE ARENA LIQUOR STORE CUB FOODS PARK MAINTENANCE STREET MAINTENANCE EQUIPMENT MAINTENANCE BASKETBALL SPECIAL EVENTS WATER TREATMENT PLANT CIVIL DEFENSE WATER UTILITY-GENERAL FIRE STATION #1 EQUIPMENT MAINTENANCE GENERAL BUILDING FACILITIES EQUIPMENT MAINTENANCE WATER TREATMENT PLANT POOL MAINTENANCE PRAIRIE VILLAGE LIQUOR #1 WATER TREATMENT PLANT FIRE WATER TREATMENT PLANT STREET MAINTENANCE SEWER SYSTEM MAINTENANCE EQUIPMENT MAINTENANCE EQUIPMENT MAINTENANCE CEMETERY OPERATION WATER TREATMENT PLANT TRAFFIC SIGNS IN SERVICE TRAINING SENIOR CENTER TREE REMOVAL ICE ARENA EQUIPMENT MAINTENANCE GENERAL ICE ARENA POLICE WATER UTILITY-GENERAL 93 IMPROVE BONDS WATER TREATMENT PLANT SEWER SYSTEM MAINTENANCE COUNCIL CHECK REGISTER 10-MAR-1998 (09:57) CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM ------------------------------------------------------------------------------------------------------------------------ 61154 61155 61156 61157 61158 61159 61160 61161 61162 61163 61164 61165 61166 61167 61168 61169 61170 61171 61172 61173 61174 61175 61176 61177 61178 61179 61180 61181 61182 61183 61184 61185 61186 61187 61188 61189 61190 61191 61192 61193 61194 61195 61196 61197 61198 61199 61200 61201 61202 61203 61204 61205 61206 61207 61208 $451.56 $183.21 $299.00 $114.51 $617.13 $455.44 $70.00 $379.41 $303.90 $1,004.50 $6,280.70 $115.50 $14 .61 $38,395.63 $206.00 $7,026.00 $711.00 $330.00 $723.33 $230.00 $290.88 $109.38 $201.00 $288.00 $266.14 $468.00 $2,080.00 $152.56 $495.00 $568.44 $1,362.00 $237.45 $1,843.29 $180.00 $33.54 $99.50 $108.00 $256.03 $800.24 $133.12 $2,889.87 $94.91 $3,505.90 $127.50 $114.21 $118.00 $83.49 $1,277.09 $14,340.00 $60.00 $117.73 $370.00 $7.50 $216.00 $1,429.70 FLOYD TOTAL SECURITY FOREMOST FIRE PROMOTIONS FORESTRY SUPPLIERS INC. FRESCO INC G & K SERVICES-MPLS INDUSTRIAL GALAXY COMPUTER SERVICES GATES, KATHY GENERAL OFFICE PRODUCTS COMPAN GETTMAN COMPANY GLASS SERVICE COMPANY INC GLIDDEN COMPANY GOPHER STATE ONE-CALL INC HANCE COMPANIES HARDRlVES INC HAWK LABELING SYSTEMS HAWKINS WATER TREATMENT GROUP HELICOPTER FLIGHT INC HENDERSON, JOSH HENNEPIN COUNTY SHERIFF'S ACCO HENNEPIN COUNTY TREASURER HENNEPIN COUNTY TREASURER HENNEPIN COUNTY HENNEPIN COUNTY HIGLEY, STEVE HIRSHFIELDS HOLMES, TOM HONEYWELL INC INDUSTRIAL FINISHING INFRATECH INTERNATIONAL SUNPRINTS INC J A PRICE AGENCY INC J H LARSON ELECTRICAL COMPANY JANEX INC JERDE, BRENDA JOHNSTONE SUPPLY OF GOLDEN VAL KEN ANDERSON TRUCKING KILLMER ELECTRIC CO INC KNOX BUILDING MATERIALS KOCH SULFER PRODUCTS KUSTOM SIGNALS INC LAKE REGION VENDING LAKELAND FORD TRUCK SALES LAMETTRYS COLLISION LAND'S END CORPORATE SALES LANO EQUIPMENT INC LAW ENFORCEMENT LEGAL DEFENSE LAW ENFORCMENT TARGETS INC LEAGUE OF MINNESOTA CITIES INS LINCOLN STUDIOS MIDWEST LOES OIL COMPANY LYMAN LUMBER COMPANY LYNCH, JOHN M SHANKEN COMMUNICATIONS INC MANNING, PHILLIP MASYS CORPORATION OTHER CONTRACTED SERVICES FIRE PREVENTION SUPPLIES OPERATING SUPPLIES-GENERAL OPERATING SUPPLIES-GENERAL OPERATING SUPPLIES-GENERAL CONTRACTED REPAIR & MAINT PROFESSIONAL SERVICES OFFICE SUPPLIES MISC TAXABLE CONTRACTED BLDG REPAIRS REPAIR & MAINT SUPPLIES OTHER CONTRACTED SERVICES EQUIPMENT PARTS IMPROVEMENT CONTRACTS OPERATING SUPPLIES-GENERAL CHEMICALS OTHER CONTRACTED SERVICES OTHER CONTRACTED SERVICES BOARD OF PRISONERS SVC OPERATING SUPPLIES-GENERAL LICENSES & TAXES WASTE DISPOSAL SOFTWARE OTHER CONTRACTED SERVICES REPAIR & MAINT SUPPLIES OTHER CONTRACTED SERVICES OTHER CONTRACTED SERVICES CONTRACTED REPAIR & MAINT OTHER CONTRACTED SERVICES AWARDS INSURANCE REPAIR & MAINT SUPPLIES CLEANING SUPPLIES OTHER CONTRACTED SERVICES REPAIR & MAINT SUPPLIES PROFESSIONAL SERVICES CONTRACTED REPAIR & MAINT REPAIR & MAINT SUPPLIES CHEMICALS CONTRACTED REPAIR & MAINT TOBACCO PRODUCTS EQUIPMENT PARTS CONTRACTED REPAIR & MAINT CLOTHING & UNIFORMS EQUIPMENT PARTS TRAINING SUPPLIES TRAINING SUPPLIES INSURANCE IMPROVEMENT CONTRACTS WASTE DISPOSAL BUILDING MATERIALS OTHER CONTRACTED SERVICES MISC TAXABLE OTHER CONTRACTED SERVICES CONTRACTED COMM MAl NT If PRAIRIE VILLAGE LIQUOR #1 FIRE TREE DISEASE ICE ARENA WATER TREATMENT PLANT INFORMATION SYSTEM POLICE WATER UTILITY-GENERAL LIQUOR STORE CUB FOODS FIRE STATION #3 WATER TREATMENT PLANT SEWER SYSTEM MAINTENANCE EQUIPMENT MAINTENANCE SCENIC HEIGHTS ROAD TREE DISEASE WATER TREATMENT PLANT DEER CONSULTANT BASKETBALL POLICE COMMUNITY DEVELOPMENT EQUIPMENT MAINTENANCE PARK MAINTENANCE UTILITY DEBT FUND ARB VOLLEYBALL EP CITY CTR OPERATING COSTS VOLLEYBALL WATER TREATMENT PLANT STREET MAINTENANCE SEWER SYSTEM MAINTENANCE BROOMBALL PRAIRIE VILLAGE LIQUOR #1 EP CITY CTR OPERATING COSTS EPCC MAINTENANCE VOLLEYBALL FIRE STATION #5 ANIMAL WARDEN PROJECT STREET LIGHTING PARK MAINTENANCE WATER TREATMENT PLANT POLICE PRAIRE VIEW LIQUOR #3 EQUIPMENT MAINTENANCE EQUIPMENT MAINTENANCE POLICE EQUIPMENT MAINTENANCE POLICE POLICE GENERAL 10 MGD WATER PLANT EXPANSION EQUIPMENT MAINTENANCE STREET MAINTENANCE BASKETBALL LIQUOR STORE CUB FOODS VOLLEYBALL POLICE COUNCIL CHECK REGISTER 10-MAR-1998 (09:57) CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM ------------------------------------------------------------------------------------------------------------------------ 61209 61210 61211 61212 61213 61214 61215 61216 61217 61218 61219 61220 61221 61222 61223 61224 61225 61226 61227 61228 61229 61230 61231 61232 61233 61234 61235 61236 61237 61238 61239 61240 61241 61242 61243 61244 61245 61246 61247 61248 61249 61250 61251 61252 61253 61254 61255 61256 61257 61258 61259 61260 61261 61262 61263 $74.56 $1,811. 02 $3,419.19 $270.00 $253.47 $165.78 $422.14 $1,368.00 $91. 40 $28.00 $147.04 $19,084.00 $336.85 $800.00 $160.00 $2,230.20 $16.82 $62.00 $516.38 $103.00 $581. 62 $342.00 $780.22 $50.00 $200.00 $24.44 $329.50 $1,150.91 $77.49 $9,318.11 $939.00 $353.10 $96.00 $48.75 $477.13 $131.21 $73.56 $160.40 $240.00 $1,054.29 $884.75 $600.00 $100.00 $216.94 $14.36 $3,013.92 $140.05 $213.00 $12.25 $7,428.38 $21. 30 $3,712.75 $1,489.70 $2,620.22 $475.49 MAXI-PRINT INC MCNEILUS STEEL INC MCSB INC MEDICAL SAFETY SYSTEMS INC METRO ATHLETIC SUPPLY METROPOLITAN FORD MIDWEST ASPHALT CORPORATION MIDWEST FIRE PROTECTION INC MIDWEST TELETRON INC MIKE'S SHOE REPAIR INC MINNCOMM PAGING MINNESOTA DEPT OF HEALTH MINNESOTA VIKINGS FOOD SERVICE MINNESOTA WEIGHTS AND MEASURES MINT CONDITION DETAILING MODERN EQUIPMENT COMPANY MTI DISTRIBUTING CO MUNICILITE NATIONAL IMPRINT NORSEMAN OIL COMPANY NORTH AMERICAN SALT COMPANY NORTH STAR ICE NORTHERN NORTHWEST TECHNICAL COLLEGE NORWEST BANK MN N. A. OHLIN SALES OLSEN CHAIN & CABLE CO INC OPM INFORMATION SYSTEMS PARK SUPPLY INC PARROTT CONTRACTING INC PEPSI COLA COMPANY PHOTOS INC PINNACLE DISTRIBUTING POKORNY COMPANY PRAIRIE ELECTRIC COMPANY PRAIRIE LAWN AND GARDEN PRECISION BUSINESS SYSTEMS INC PRECISION DYNAMICS CORPORATION PSYCHOLOGICAL ASSOCIATES QUALITY SALES & SERVICE INC QUALITY WASTE CONTROL INC RAY, LEE RESERVE OFFICER TRAINING ASSOC RESPOND SYSTEMS RIGID HITCH INCORPORATED RMR SERVICES INC ROADRUNNER TRANSPORTATION INC ROGNESS SERVICE & SALES SAVOIE SUPPLY CO INC SCAFFOLD SERVICE INCORPORATED SCHERSTAD SYSTEMS INC SENIOR COMMUNITY SERVICES SEQUAL ENTERPRISES SJF SNAP-ON TOOLS PRINTING BUILDING MATERIALS CONTRACTED REPAIR & MAINT WASTE DISPOSAL OPERATING SUPPLIES-GENERAL CONTRACTED REPAIR & MAINT GRAVEL REPAIR & MAINT SUPPLIES TRAINING SUPPLIES CONTRACTED REPAIR & MAINT COMMUNICATIONS MISCELLANEOUS OTHER CONTRACTED SERVICES CONTRACTED REPAIR & MAINT CONTRACTED REPAIR & MAINT OTHER EQUIPMENT EQUIPMENT PARTS EQUIPMENT PARTS FIRE PREVENTION SUPPLIES CONTRACTED REPAIR & MAINT SALT MISC TAXABLE SMALL TOOLS CONFERENCE PAYING AGENT EQUIPMENT PARTS REPAIR & MAINT SUPPLIES SOFTWARE EQUIPMENT PARTS CONTRACTED REPAIR & MAINT MERCHANDISE FOR RESALE PHOTO SUPPLIES TOBACCO PRODUCTS REPAIR & MAINT SUPPLIES REPAIR & MAINT SUPPLIES EQUIPMENT PARTS OPERATING SUPPLIES-GENERAL OPERATING SUPPLIES-GENERAL SCHOOLS OPERATING SUPPLIES-GENERAL WASTE DISPOSAL OTHER CONTRACTED SERVICES RESERVE EQUIPMENT SAFETY SUPPLIES EQUIPMENT PARTS OTHER CONTRACTED SERVICES CONTRACTED REPAIR & MAINT REPAIR & MAINT SUPPLIES CLEANING SUPPLIES OTHER EQUIPMENT CONTRACTED REPAIR & MAINT PROFESSIONAL SERVICES AWARDS REPAIR & MAINT SUPPLIES SMALL TOOLS POLICE SEWER UTILITY -GENERAL INFORMATION SYSTEM EQUIPMENT MAINTENANCE PARK MAINTENANCE EQUIPMENT MAINTENANCE STREET MAINTENANCE STREET MAINTENANCE HUMAN RESOURCES FIRE WATER UTILITY-GENERAL WATER SYSTEM SAMPLE STORM DRAINAGE STREET MAINTENANCE EQUIPMENT MAINTENANCE 10 MGD WATER PLANT EXPANSION EQUIPMENT MAINTENANCE EQUIPMENT MAINTENANCE FIRE EQUIPMENT MAINTENANCE SNOW & ICE CONTROL PRAIRIE VILLAGE LIQUOR #1 WATER SYSTEM MAINTENANCE FIRE B & I PAYMENTS WATER METER REPAIR SEWER SYSTEM MAINTENANCE INFORMATION SYSTEM WATER TREATMENT PLANT WATER SYSTEM MAINTENANCE CONCESSIONS COMMUNITY DEVELOPMENT LIQUOR STORE CUB FOODS SENIOR CENTER ICE ARENA EQUIPMENT MAINTENANCE WATER UTILITY-GENERAL SOCIAL POLICE STREET MAINTENANCE EATON BLDG BASKETBALL POLICE WATER TREATMENT PLANT EQUIPMENT MAINTENANCE WATER METER READING EQUIPMENT MAINTENANCE EPCC MAINTENANCE WATER TREATMENT PLANT WATER TREATMENT PLANT INFORMATION SYSTEM HOUSING, TRANS, & SOC SVC SOFTBALL STREET MAINTENANCE EQUIPMENT MAINTENANCE COUNCIL CHECK REGISTER 10-MAR-1998 (09:57) CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM ------------------------------------------------------------------------------------------------------------------------ 61264 61265 61266 61267 61268 61269 61270 61271 61272 61273 61274 61275 61276 61277 61278 61279 61280 61281 61282 61283 61284 61285 61286 61287 61288 61289 61290 61291 61292 61293 61294 61295 61296 61297 61298 61299 61300 61301 61302 61303 61304 61305 61306 61307 61308 61309 61310 61311 61312 61313 61314 61316 61317 61318 61319 $260.68 $1,134.00 $462.12 $1,293.82 $96.00 $246.52 $24.82 $688.60 $136.18 $268.05 $272.86 $223.10 $1.07 $319.00 $1.30 $6,804.69 $912.00 $933.00 $159.20 $44.95 $14,578.21 $30.00 $8.86 $11,745.66 $124.96 $54.00 $783.44 $1,948.95 $76.32 $924.82 $42.50 $665.84 $107.54 $441.12 $861.68 $422.35 $5,650.00 $2,195.73 $627.16 $169.34 $364.53 $39.36 $50.00 $1,784.75 $6,852.45 $19,190.00 $402.03 $59.70 $8,179.66 $619.00 $27,401.29 $12.78 $198.18 $50.00 $90.00 SNELL MECHANICAL INC SODERSTROM, CHRISTOPHER SOUTHWEST CONTRACTORS SUPPLY SOUTHWEST SUBURBAN PUBLISHING- SOUTHWEST SUBURBAN PUBLISHING- STANDARD SPRING STAR TRIBUNE STREICHERS STRINGER BUSINESS SYSTEMS INC SUBURBAN CHEVROLET GEO SUNSOURCE/FAUVER SYLVANIA LIGHTING SERVICES COR THERMOGAS COMPANY THOMPSON PUBLISHING GROUP INC TRANS UNION CORPORATION TRAUT WELLS TWIN CITY GARAGE DOOR CO TWIN CITY INSULATION TWIN CITY OXYGEN CO ULI-THE URBAN LAND INSTITUTE UNIFORMS UNLIMITED UNITED FIREFIGHTERS ASSN UNLIMITED SUPPLIES INC US FILTER/WATERPRO US PREMISE NETWORKING SERVICES US WATER NEWS US WEST COMMUNICATIONS VAN WATERS & ROGERS INC VWR SCIENTIFIC PRODUCTS W W GRAINGER INC WAGNER, CANDICE WALMART STORES INC WASTE MANAGEMENT -BLAINE WATSON CO INC, THE WESTSIDE EQUIPMENT X-ERGON XlMAGE CORPORATION YALE INCORPORATED ZACKS INC ZARNOTH BRUSHWORKS INC ZEP MANUFACTURING CO ZIEGLER INC BERG, JEFF DAHLHEIMER DISTRIBUTING COMPAN DAY DISTRIBUTING EAST SIDE BEVERAGE COMPANY KRAEMERS HARDWARE INC MANN, TRIA MARK VII MIDWEST COCA COLA BOTTLING COM MINNEGASCO OLSEN CHAIN & CABLE CO INC PEPSI COLA COMPANY SCHLOSSMACHER, JAMES SCHWEITZER, PAM REPAIR & MAINT SUPPLIES OTHER CONTRACTED SERVICES SMALL TOOLS ADVERTISING EMPLOYMENT ADVERTISING EQUIPMENT PARTS MISC NON-TAXABLE CLOTHING & UNIFORMS CONTRACTED REPAIR & MAINT EQUIPMENT PARTS EQUIPMENT PARTS CONTRACTED BLDG REPAIRS GAS DUES & SUBSCRIPTIONS PROFESSIONAL SERVICES CONTRACTED REPAIR & MAINT OTHER CONTRACTED SERVICES OTHER CONTRACTED SERVICES LUBRICANTS & ADDITIVES OPERATING SUPPLIES-GENERAL RESERVE EQUIPMENT DUES & SUBSCRIPTIONS EQUIPMENT PARTS EQUIPMENT PARTS CONTRACTED REPAIR & MAINT DUES & SUBSCRIPTIONS CONTRACTED REPAIR & MAINT CHEMICALS OPERATING SUPPLIES-GENERAL SMALL TOOLS OTHER CONTRACTED SERVICES PHOTO SUPPLIES WASTE DISPOSAL MERCHANDISE FOR RESALE OTHER EQUIPMENT REPAIR & MAINT SUPPLIES CONTRACTED REPAIR & MAINT CONTRACTED EQUIP REPAIR REPAIR & MAINT SUPPLIES OPERATING SUPPLIES-GENERAL LUBRICANTS & ADDITIVES EQUIPMENT PARTS SCHOOLS BEER 6/12 BEER 6/12 BEER 6/12 SMALL TOOLS MILEAGE AND PARKING BEER 6/12 MISC TAXABLE GAS OPERATING SUPPLIES-GENERAL MISC TAXABLE SCHOOLS OTHER CONTRACTED SERVICES /6 POOL MAINTENANCE VOLLEYBALL WATER TREATMENT PLANT LIQUOR STORE CUB FOODS HUMAN RESOURCES EQUIPMENT MAINTENANCE PRAIRE VIEW LIQUOR #3 POLICE GENERAL EQUIPMENT MAINTENANCE EQUIPMENT MAINTENANCE FIRE STATION #3 OUTDOOR CENTER-STARING LAKE STORM DRAINAGE POLICE WATER WELL #6 1996 REHABILITATION 1996 REHABILITATION EQUIPMENT MAINTENANCE PARK/REC ADMIN POLICE FIRE EQUIPMENT MAINTENANCE WATER METER REPAIR INFORMATION SYSTEM WATER UTILITY-GENERAL E-911 PROGRAM WATER TREATMENT PLANT WATER TREATMENT PLANT TRAFFIC SIGNALS BASKETBALL POLICE PRAIRIE VILLAGE LIQUOR #1 CONCESSIONS EQUIPMENT MAINTENANCE WATER TREATMENT PLANT POLICE WATER UTILITY-GENERAL WATER SYSTEM MAINTENANCE PARK MAINTENANCE EQUIPMENT MAINTENANCE EQUIPMENT MAINTENANCE POLICE LIQUOR STORE CUB FOODS LIQUOR STORE CUB FOODS LIQUOR STORE CUB FOODS WATER SYSTEM MAINTENANCE ADAPTIVE RECREATION LIQUOR STORE CUB FOODS LIQUOR STORE CUB FOODS WATER TREATMENT PLANT PARK MAINTENANCE LIQUOR STORE CUB FOODS POLICE ADAPTIVE RECREATION COUNCIL CHECK REGISTER 10-MAR-1998 (09:57) CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM ------------------------------------------------------------------------------------------------------------------------ 61320 61321 61322 $405.00 $13,057.49 $14,049.85 $2,212,227.35* SNAP-ON TOOLS SUNRAM CONSTRUCTION THORPE DISTRIBUTING CONFERENCE DESIGN & CONST BEER 6/12 17 IN SERVICE TRAINING STARING LK PLSTUCT K20 LIQUOR STORE CUB FOODS COUNCIL CHECK SUMMARY DIVISION GENERAL SERVICES FACILITIES POLICE FIRE PARK ADMIN STREETS/TRAFFIC PARK MAINTENANCE FLEET SERVICES ORGANIZED ATHLETICS COMMUNITY CENTER BEACHES YOUTH RECREATION OAK POINT POOL PUBLIC IMPROV PROJ DEBT SERVICE PAYMENTS SPECIAL ASSESSMENTS CITY CENTER SPECIAL REVENUE FUNDS PRAIRIE VILLAGE PRAIRIEVIEW CUB FOODS WATER DEPT SEWER DEPT AGENCY FUNDS 10-MAR-1998 (10:48) TOTAL $9.75 $1.7.33 $l.l..94 $95.23 $6.63 $44.64 $38.68 $1.,280.37 $57.66 $1.,668.26 $4.27 $160.26 $1.55.33 $249,570.67 $4,703,963.95 $249,103.91 $42.15 $187,544.00 $9,194.80 $10,773.17 $17,462.80 $10,554.96 $8.94 $300,000.00 $5,741,769.70* COUNCIL CHECK REGISTER 10-MAR-1998 (10:48) CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 115 $100,692.19 NORWEST BANKS MINNESOTA N A FEDERAL TAXES WIH FD 10 ORG 116 $53,164.89 NORWEST BANKS MINNESOTA N A EMPLOYEES SS & MEDICARE FD 10 ORG 117 $53,164.89 NORWEST BANKS MINNESOTA N A EMPLOYERS SS & MEDICARE FD 10 ORG 118 $42,081.71 MINNESOTA DEPT OF REVENUE STATE TAXES WITHHELD FD 10 ORG 119 $1,096.40 MINNESOTA DEPT OF REVENUE MOTOR FUELS EQUIPMENT MAINTENANCE 120 $50,491. 00 MINNESOTA DEPARTMENT OF REVENU SALES TAX PAYABLE FD 10 ORG 121 $249,570.67 KNUTSON CONSTRUCTION COMPANY IMPROVEMENT CONTRACTS 10 MGD WATER PLANT EXPANSION 122 $1,422,838.95 FIRST TRUST NATL ASSOC INTEREST HRA 2ND SHEET ICE 123 $649,167.50 FIRSTAR TRUST COMPANY INTEREST B & I PAYMENTS 124 $2,631,957.50 NORWEST BANK MN N.A. PRINCIPAL B & PAYMENTS 125 $487,544.00 COMMONWEALTH LAND TITLE & INSU DEPOSITS ESCROW $5,741,769.70* CITY COUNCIL AGENDA DATE: SECTION: APPOINTMENTS MARCH 17, 1998 DEPARTMENT: ITEM DESCRIPTION: Appointment of ITEM NO. One Member to the Heritage Preservation ADMINISTRATION Commission X.A. Requested Action: Appoint one member to the Heritage Preservation Commission to fill an unexpired term ending March 31, 2000. Background Information: Ginger Venable declined her appointment to fill an unexpired term ending March 31, 2000 on the Heritage Preservation Commission. Fonn clhrlcouncillagn-fonn.wpd Rev 12/4/95 I CITY COUNCIL AGENDA Date: Mar 17, 1998 Section: Director of Parks, Recreation and Natural Resources Department: PRNR Subject: Request to Obtain Proposals for Item No.: Robert A. Lambert, Director Development of a Conservation Area Management Plan and Concept Site Plans for the Eight Remaining VI. C. / Conservation Areas REQUEST: The Parks, Recreation and Natural Resources Commission reviewed the City staff request to hire a consultant to the assist the City staff and the Parks, Recreation and Natural Resources Commission in developing a management plan and conceptual site plans for all of the conservation areas within the City. The Commission recommended the City Council authorize staff to obtain proposals that would include costs for this project. City staff have applied for a grant to assist in the funding of this project. Staff would anticipate that this project might cost between $25,000 and $30,000. Staff applied for a matching grant that would provide up to $15,000 for this project. Staff budgets $20,000 per year for park planing purposes through the general fund. Staff would anticipate that this project would be initiated in Mayor June of this year and completed in Mayor June of 1999. Many of the citizens who worked on the Management Plan for the Prairie Bluff Conservation Area are interested in continuing to work with the City on developing an overall City management plan for all of our conservation areas, as well as specific management practices and concept site plans for each of the eight remaining conservation areas. CITY CONSERVATION AREAS: 1. Prairie Bluff Conservation Areas -completed 2. Edenbrook Conservation Area 3. Edenvale Conservation Area 4. Lower Purgatory Creek Conservation Area 5. Nine-Mile Creek Conservation Area 6. Purgatory Creek Recreation Area 7. Richard T. Anderson Conservation Area 8. Riley Creek Wood Conservation Area 9. Timber Creek Conservation Area BL:mdd obtain.memolBob98 1 To: From: Date: Subject: REQUEST: Memorandum Parks, Recreation and Natural Resources Commission Mayor and City Council Bob Lambert, Director of Parks, Recreation and Natural Resources ~ March 5, 1998 Conservation Area Management Plans and Concept Site Plans City staff requests the City Council authorize hiring a consultant to assist city staff and the Parks, Recreation and Natural Resources Commission in developing management plans and conceptual site plans for all of the conservation areas within the city. The city recently completed a management plan for the Prairie Bluff Conservation Area. That plan included a concept site plan depicting the location of a trail system through the site that would begin at Miller Spring and end in the northeast portion of the site. City staff are recommending the development of a Conservation Area Management Plan that would be composed of a mission statement that would provide overall direction to the city's management efforts relating to conservation areas through a vision statement for Eden Prairie's open spaces. It would also contain general policy guidelines which would provide the framework from which the city would develop specific management practices for each type of conservation area, as well as site specific plans. Staff would further recommend development of concept site plans for each of the remaining eight conservation areas as a part of this contract. Individual master plans would have to be developed for each site under a separate contract. CONSIDERATIONS: The city hired a naturalist consultant to assist city staff and a citizen advisory committee in the development of a Management Plan for the Prairie Bluff Conservation Area. This conservation area was unique to the city in that the majority of the site was native prairie and oak savannah. The majority of the other sites are oak basswood forests located along creek valleys or wet meadows and wetlands associated with floodplain property. The exception to that generalization is the Riley Creek Woods, a maple basswood forest, and the Richard T. Anderson Conservation Area, which contains elements of native prairie, maple basswood forest, wetlands and an oak basswood forest. The city has nearly 1000 acres of conservation land (land that has been acquired for the purpose of preserving it in its natural condition). The concept of "preserving a parcel of property in its natural condition" requires a much more detailed definition as that statement will have a different meaning to different people, in fact, there is very little "natural" about the condition of any land in Eden Prairie. Man has had a significant influence on all of the land for well over 100 years. City staffhave always believed that the ultimate development and protection of these areas should have guidelines for development similar to the Hennepin Park District guidelines for their park reserves. Those guidelines are based on the principle that no more than 20% of a park reserve parcel may be in impacted by development for active use, recreation or education. A minimum of at least 80% of each parcel should be restored to its natural condition and retained in an undeveloped state, with an emphasis on restoration of native plant communities. The city had a good example of how difficult it will be to develop even a trail system through these conservation areas when the Parks, Recreation and Natural Resources Connnission received a petition from some neighbors near the Edenbrook Conservation Area to make a trail connection from the east to the west side of the conservation area. Many property owners that live around the conservation area objected to "destroying" the conservation area by developing a trail through that site. After the decision was made to delay the project, city staff heard from residents from other parts of the community that were disappointed in that decision and had been unaware that a decision for a trail was being considered because the only people notified of the public hearing were those immediately around the Edenbrook Conservation Area. Staff are recommending a process to develop management plans and concept site plans for all of the conservation areas within the community that would determine what area of each site should be protected, where trails could and should be developed, where accesses should be developed, how large those accesses should be, and what management techniques should be utilized in order to restore the "natural condition" of the site and to retain the majority of those sites in their "natural condition. " Staffwould recommend a consultant that would have a landscape architect on its team, as well as an ecologist. Staff would further recommend that this consultant work with city staff and a citizens advisory committee that would be ad hoc to the Parks, Recreation and Natural Resources Commission for the sole purpose of developing this management plan and these concept site plans. Once the management plan and concept site plans are approved, staff would then recommend development of specific master plans for each site that would provide greater detail as to how each site should be developed. The management practices could begin on each site as soon as the management plan is completed; however, no development would occur on any site until a master plan has been reviewed and approved by the Parks, Recreation and Natural Resources Commission and the City Council. Staff would further recommend public hearings on all master plans prior to initiating development on those sites. PROPOSED PROCESS: Staff would recommend the following process for completing the above-mentioned projects: -3 1. Staff to develop a Request for Proposal for consulting services to complete the management plan and concept site plans -March 1998 2. City hire a consultant to begin the process and appoint a citizen committee to work with the consultant -April 1998 (The committee would consist of volunteers obtained from a public notice ad in the Eden Prairie News.) 3. Consultant to work with the city staff and citizen's committee, touring all sites prior to developing the overall management plan and the site specific guidelines and concept plans - April to October 1998 4. Committee to review first draft of management plan and concept site plans -November 1998 5. Final draft of management plans and concept site plans submitted to Parks, Recreation and Natural Resources Commission and City Council-February 1999 6. Contract let for development of master plans for each site -April 1999 7. First draft of the master plans reviewed by the Parks Recreation and Natural Resources Commission -September 1999 8. Public hearings for master plans held -October and November 1999 9. City Council approves master plans for all sites -January 2000 10. First phase development of conservation areas begins in May 2000 BL:mdd Febl8.memo PARKS, RECREATION AND NATURAL RESOURCES COMMISSION MINUTES March 2, 1998 Page 8 and the structures are ADA accessible. Hilgeman asked if they could eliminate the tot system and get two more swings and one spring animal in exchange and Wenner responded that could be done. Fox reviewed the proposal from Saint Croix Recreation Company, and noted that part of the plan was for 2-5 year olds and the remainder for older kids. Koenig asked if things could be moved around on these plans, and Fox responded affirmatively, but the proposals are based on the square footage of the safety surfacing which could change the cost of the systems. The Conunission discussed the proposals for Rice Marsh Lake, and it was noted that the people in the audience liked proposal #2. Discussion ensued regarding how long these play structures would last, and Lambert responded they were supposed to last for about 20 years. Some decks were painted and some were rubberized. Maintenance concerns were discussed. MOTION: Wilson moved, seconded by Hilgeman, to approve the proposal by FIanagan Sales, Inc. For the Rice Marsh Lake park with the elimination of the log roll, the addition of two more swings, and work with staff to more centrally locate the shelter. The ADA swing is to be purchased from another vender. Motion carried 7-0. C. Edenvale Homes Fox noted that staff received a plan which included screening and shrubs around the perimeter of the development which was acceptable. VB. NEW BUSINESS A. Conservation Area Manaa=ement Plans and Concept Site Plans Lambert requested that they obtain quotes from consultants to do a Conservation Area Plan which would give the City a policy to manage all these areas. He reviewed the process which would be included in the plan. This would give everyone in the City infonnation on what was happening with conservation areas throughout the City. He has submitted a grant request to the DNR to see if the· City can get some funding to help cover the costs and there is some funding in the budget which can be used as well. They should request authorization from the City council to proceed with this project. MOTION: Hilgernanmoved, seconded by Comeille, that the Parks, Recreation and Natural Resources Commission approves the Staff Memorandum dated 2/18/98 pertaining to Conservation Area Management Plans and Concept Site Plans. Motion carried 7-0. CITY COUNCIL AGENDA Date: Mar 17, 1998 Section: Director of Parks, Recreation and Natural Resources Department: PRNR ~ Subject: Request for Confinnation of Funding for Item~o·:C Robert A. Lambert, Director Murphy's Landing , I .. 2-. i REQUEST: Attached to this memorandum is a letter dated March 4, 1998 from Shirley Olson, Executive Director of Murphy's' Landing, explaining what portions ofthe original project have been funded to date, and what efforts are being taken to obtain additional funding to complete the Minnesota Valley Bike Trail /Murphy's Inn, Boat Landing and Ferry Project. Ms. Olson is also requesting a confirmation ofthe commitment of$25,000 from the City of Eden Prairie toward this project. The City had originally committed $25,000 to be paid at $5,000 per year toward this project. The funding that has been approved will include the bike trail, the three tiered landing, the ferry landing, the overlook, and the shelter. This phase of the project will not include the ferry. A future project will include the reconstruction of the inn and construction of a working ferry. RECOMMENDATION: City staff recommends supporting this request and believe that once the first phase is completed, the second phase of the project, which will include completion of a working ferry, is very likely provided the City of Eden Prairie also applies for ISTEA funds that would construct a bicycle trail on or adjacent to Indian Road from 212 to the ferry, as well as westerly to the Shakopee bridge. City staff have contacted representatives of the Minnesota Valley Wildlife Refuge to determine if they are interested in a joint project for development of that trail. BL:mdd Murphys.memolBob98 I I HIS TOR Ie •• ( .. -_ • ~I-'XC-i~' -.e) •• MURPHY'S LDDIRG~ Living History Village of the 1800s Board of Trustees Art Bannennan Scott County Commissioner . March. 4, 1998- Ed Dressen Eagle Pet Shop Greg Fontaine . Dorsey & Whitney Steven J Griffith . Gustavus Adolphus College . Laurie Hartmann S'ollthwest Suburban Publishing Becky Kelso State Representative John Kurth The Meridian Group Bill Laing 1\Iarquene Banks CleteLink Shakopee City Council Joan Lynch C.-V' Agency Robert 8. MacDonald Popham, Haik, Schnobrich & Kaufman Marcia McIntosh Volunteer Board Steve Mueller- Ja[vel'\. Mue,ller Architects Rolland D. Pistulka, MD Crossroads Medical Center De\\' ayne L! Scheer 1\fcGladrey & Pullen. Shirley Olson, Executive Director Honorary Trusttes Raynl0nd A Haik Les Malkerson Dr. Marion Nelson . Eloise Pohlad Don Shelby :"1aurice Stans Gene Tnllnble Sue Zelickson To: Larry Samsted, Minnesota River Watershed District ' Mark McNeil, City Of Shakopee Bob Lambert, City of Eden Prairie From .Shirley Olson, Murphy's Landing Re: Minnesota Valley Bike Trail/Murphy's Inn, Boat Landing and Ferry Project As you are all aware,-Murphy's Landing and the Department of Natural Resources submitted two proposals for the funding of this project to the Metropolitan Council for consideration in receiving ISTEA funds. On February 13, we received notice that' $640,780 in funds will begrahted for the Minnesota Valley Trail portion of this project. The Minnesota Department of Natural Resources will be contributing $160,195 of their own funds as well. The other portion of our request received, eligibility but did not get funded in this round. This project will now go to the Minnesota Department of Transportation who -will oversee engineering and , implementation. The ISTEA funds are for projects scheduled in fiscal years 2,000 and 2, bo 1. This means that our project will begin in July of 1999. By using the tSTEA funding, the DNR funds and the matching funds that each of us has committed to this project, we can complete all parts of the project which involve construction on or near the river without waiting for further funding. This would inylude, the bike trail, the three tiered landing, the ferry landing, the overl.ook and the shelter. Please see the attached budget for more detaiL With your permission, we would like to proceed. If this is amenable, we Will-set a mee!ing with the assigned Mn DOT engineer and our group which will include Bill Weir from the DNR and Larry Samsted,'Engineer for· the Minnesota Watershed District to discuss how to coordinate this project in one piece. Regarding raising funds for the 'remainder of this project .'- which includes the reconstruction of the inn and construction of a working ferry, we -have been strongly encouraged to resubmit the proposal for ISTEA consideration in the spring of 1999 which we plan to do. Ifwe are successful in that round, we could still receive fundi~g in the year 2,000. -Meanwhile, ~e are also seeki'ng ,funds from other sources. Last month, we submitted a proposal for LClvlRfunding. I have . enclosed a copy for your iriformation .. We will continue to explore other options as they .come up. 2187 East Highway 101, Shako.pee, MN,55379 • Phone: (612) 445-6901 Fax: (612) 445-0181 c:1- It is my understanding that each of you Wish to distribute your total commitment over . the next five years. The City of Shakopee, which is our fi,scal agent for this project is . prepared to receive your matching funds. Contributions should be sent ·to the attention 'of Greg V mdand an~ be marked for the Minnesota River project. Your continued support for this project is critical in moying tllis forWard. I have enclosed a newspaper article which really does a good job of defining what this project is all about. I look forward to hearing from you after you have met with your respective organizations. _ I ' .. Meanwhile, feel free to contact me if you have further questions or would like me to attend any meetings. c C2t-- . \ enc. cc: Art.Bannerman, Greg Fontaine, Neil Petersen, Jules Smith, Bill Weir· r' , \ ... -------------------------------------------. MINNESOTA RIVER PROJECT AT MURPHY'S LANDING PROJECT COSTS I Boat Landing, Lookout, Accessible Trail, & Ferry Feasibility A. 3 boat moorings B. Accessible walk C. Large rip rap and geotextive fabric D. Actual landing ramp E. Landing lookout F. Stair access to ramp G. Grading & excavation H. Project mobilization I. Archaeological studies to recreate for historical accuracy J. Ferry feasibility report Minnesota Valley Trail and Enhancements A. 4.5 miles of trail, including fencing, gates, rest rooms & shelter B. 50' Steel truss trail bridge C. 40' Steel truss trail bridge D. 40' Steel truss trail bridge E. Culvert construction F. 5% Design and engineering costs G. Contingency/inflation factor Total Project Costs FUNDING SOURCES I. ISTEA II. DNR III. City of Shakopee IV. City of Eden Prairie V. Minnesota River Watershed District VI. Murphy's Landing Funding Sources Total $150,000 $ 45,000 $ 2,500 $ 22,500 $ 7,000 $ 21,500 $ 16,000 $ 10,000 $ 6,000 $ 14,500 $ 5,000 $800,975 $ 562,500 $ 50,000 $ 40,000 $ 40,000 $ 4,000 $ 34,000 $ 69,650 $ 950,975 $ 640,780 $ 160,195 $ 25,000 $ 25,000 $ 75,000 $ 25,000 $ 950,975 LCMR Proposal 1999 Tide: Reconstruction of historic Murphy's Inn, ferry and landing Project Manager: Shirley Olson Affiliation: Executive Director, Murphy's Landing . Mailing Address: 2187 East Highway 10 1, Shakopee, Minnesota 55379 Telephone Number: (612) 445-690 I Fax: (612) 445-0181 Total Biennial Project Budget: $LCMR: $740,000. $ Match (cash): $ 245,000 $ Match (in-Kind): $ 80,000 $ Total: $1,065,000 L PROJECT SUMMARY A.~D RESULTS: This project will enhance the Minnesota Valley Trail by the reconstruction of Murphy's Inn, ferry and boat landing at Historic Murphy's Landing on the Minnesota River. II. OUTLINE OF PROJECT RESULTS: A. Murphy's Inn Restoration Total Costs: $850,000 This portion of the project will rebuild Murphy's Inn on its original foundation. Costs include architectural and archaeological studies to recreate for historical accuracy. Cash Match: $196,000 In-Kind Match: $50,000 LCMR: $604,000 B Prairie Restoration & Handicap Accessible Trail Total Costs: $35,000 This portion of the project will recreate two acres of natural prairie which is indigenous to this site and provide a handicap accessible trail from the Inn to the ferry and boat landing. Cash match: $ 9,800 LCMR: $ 25,200 C. Ferry Research and Construction Total Costs: $30,000 This portion of the project will conduct historical research and construct an operational ferry for pedestrians and bicycles across the Minnesota River from Eden Prairie to the Minnesota Valley Trail. Cash Match: $ 7,350 LCMR: $ 22,650 D. Boat Landing, Ferry Landing and Lookout Construction Total Costs: $ 150,000 This portion of the project will create a three tiered boat landing to accommodate varying levels of the Minnesota River, build a look-out for river observation and build the ferry ramp and operational devices. Cash Match: $ 31,850 In-Kind Match: $ 30,000 LCMR: $ 88,150 m. CONTEXT: A. Significance: This project pulls together the resources of multiple groups to create a focal point for historical and environmental education about the Minnesota River. It has been spearheaded by the Minnesota Valley Restoration Project dba Murphy's Landing. Murphy's Landing is a 501 (C)(3) living history museum whose mission is to collect, preserve and interpret the history of the Minnesota River Valley. It provides the public with a dynamic educational setting in which to learn about the rich heritage of our region. The Landing is located on 88 acres along the Minnesota River near Shakopee, Minnesota. Approximately 1/3 of this property is left in its natural state. At this location, in the mid-1800s, Major Richard Murphy who was the Indian Agent for this territory operated a ferry across the Minnesota River and built an inn which was a stagecoach and steamboat stop. This inn was destroyed by fire in the 1960s, but the foundation remains intact and is listed on the National Register of Historic Places. This project will rebuild Murphy's Inn. create a three tiered boat landing for everything from canoes to steamboats and create a working ferry across the Minnesota River for bicycles and pedestrians. This .-.-.--. -~,-.---\. project is a direct extension of plans already in existence for all of the parties involved and protects our valuable resource, the Minnesota River. The ferry will be operated by a joint powers agreement between the cities of Eden Prairie and Shakopee and Murphy's Landing. The meeting and office space created by rebuilding Murphy's Inn will be designated for groups concerned with the cultural and environmental preservation of the Minnesota River. We have consulted with the Director of the Minnesota Valley Wildlife Refuge which is across the river and would connect via the ferry to ensure that this plan fits in with their master plan. The planned boat landing would allow for handicap accessibility to the rest rooms and shelter that are part of the DNR trail plan. It places the boat landing at a location on the river which is environmentally sound and accessible to all persons. This project closely relates to The Minnesota Valley Trail which will run along the Minnesota River through the Murphy's Landing site. The agreement granting the DNR easements to this trail have been signed by the City of Shakopee and Murphy's Landing. The DNR will be responsible for maintenance and operations of the trail. This trail now deadheads in the public park in Shakopee which is adjacent to the Murphy's Landing site. Both the cities of Eden Prairie and Shakopee have existing or planned bike trails which feed into the Minnesota Valley Trail which eventually will run from Fort Snelling to Mankato. B. Strategy: Historic Sites C. Time: July, 1999 -December, 2001 D. Budget History: This is the first project we have submitted for LCMR funding. This project is closely related to the completion of the official Minnesota Valley Trail which is being funded by the DNR and TEP funds. The details of that funding is listed in part 2 below. Part 1 is a list of funding committed for this proposal. Please see attached letters of commitment. The city of Shakopee has agreed to be the fiscal agent in this project. 1. LCMR City of Shakopee (in-kind) City of Shakopee (cash) City of Eden Prairie (cash) Minnesota River Watershed District (cash) Murphy's Landing Project coordination & administration (cash) Exterior stone donation (valued goods) 10% trades donation (in-kind) Cash $ 30,000 $ 25,000 $ 25,000 $ 75,000 $ 170,000 $ 20,000 $ 45,000 $ 50,000 $ 55,000 LCMR Total Match (cash and in-kind) $ 325,000 S 740,000 Funding Sources Total $1,065,000 2. NON-LCMR Completion of Minnesota Valley Bike Trail Total Costs $800,975 Elements of this plan include 4.5 miles of paved trail from 169 bridge to existing trail head in Shakopee and the construction of public rest rooms and a shelter with historic graphics at the ferry and boat landing. This has been approved by the TAB Board and will be recommended for funding to the Met Council on 2/12/98, DNR Transportation Enhancement Program $ 160,195 $ 640,780 3. Total: $1,865,975 IV. COOPERATION: This is a cooperative project between Murphy's Landing, the cities of Eden Prairie and Shakopee, the Minnesota Valley Watershed District and the Minnesota Department ofNatllral Resources. Also involved in the planning process are Scott County and the Department of U.S. Fish and Wildlife. A complete list of individuals involved is enclosed. Letters of financial commitments and support are also enclosed. V. LOCATION: Cities: Shakopee, Eden Prairie, all other cities adjacent to the i\tfinnesota Valley Trail Counties: Scott, Hennepin, all other counties adjacent to the i\tfinnesota Valley Trail -------------------------------- ----._----- Title: Reconstruction of historic Murphy's Inn, ferry and landing Project Manager: Shirley Olson Aff'Iliation: Executive Director, Murphy's Landing Telephone Number: (612) 445-6901 SUSTAINABILITY The master plan for Murphy's Landing which was prepared by Scrug~ & Hammond Inc. Landscape Architects, 25 years ago states, " one purpose of the site is to preserve the river front and lowlands as a natural area. a scenic presentation of colonial times, a habitat for wildlife. an ecological study area for student or naturalist." The Board of Trustees of Murphy's Landing is committed to upholding these principles. This is evident in our parking lots which are not paved, non-use of motorized traffic on the site and transportation of our visitors by horse and trolley. We use softscape throughout the site to prevent run-off and erosion. Approximately one-third of the site is in the flood plain and left in its natural state. The buildings on the site including Murphy's Inn are located above the flood plain. Murphy's Landing is rich in history. Within its boundaries are remnants of Native American Burial Mounds which we preserve and maintain in their present day condition. Historical data indicates that the villages of the Mdewakanton Tribes of Chief Shakpay were located on our site. The last battle between the Dakota and the Ojibwe was staged here. The Murphy's Landing ferry was used to transport the warriors and the dead and wounded across the river. The question we asked ourselves for this project is, How do we encourage and allow for public use and appreciation of Murphy's Inn and our property along the Minnesota River while maintaining its history and environment? The Minnesota River is one of the few rivers in a major metropolitan area whose borders are left primarily in a truly natural state. The section through Murphy's Landing has no commercial use on either bank. As we negotiated the easement for the bike trail with the DNR, we took care to use an existing nature trail which runs along the river. This will reduce the amount of disturbance necessary for its installation and upkeep. This path will be paved, however, the width of the trail is kept at a minimum and surrounding vegetation will be left intact to absorb run-off. We have worked with Larry Samsted, the engineer for the Minnesota River Watershed District on the plans for the boat landing and ferry crossing. The site (which coincidentally is most likely the historic location) is on a low bank on a slight curve in the river where river current is minimal. This will be a landing and not a boat launch site. It contains public rest rooms. a shelter and environmental- and historical graphics. The proposed landing would also accommodate a paddle wheeler which could carry the public on - excursions. The river channel is currently deep enough for this type of use and would not require further dredging. This will replace an existing landing which is located on a high bank upriver. The current site is not handicap accessible and is prone to destruction by the river. To prepare and maintain the current site for public use would not be a sound choice either environmentally or economically. The ferry will operate off from a simple cable and windlass system. When the cable is not in use, it drops to the bottom of the river to allow for river traffic. Its use will be restricted to pedestrians and bicycles. At Murphy's Landing, access will be from the existing parking lot(non-paved) at the east end of the site. The Murphy's Inn site is on the National Register of historic Places. We will work with the compliance office of the Minnesota State Historical Society to ensure the integrity of this structure and the surrounding grounds. Archaeological surveys, both test plot and non-invasive will be conducted to protect existing historical infonnation. Since the basement is intact, no new excavation will be necessary. The surrounding grounds will be softscaped in keeping with our historic setting. We will restore 2 acres of indigenous prairie leading from the Inn to the river which will replace the non-native vegetation which has crept in. The benefits to the surrounding communities in this project is readily evident. Public access can be achieved in three ways: the Minnesota Valley Trail, the river, and through the Murphy's Landing site. All portions of this project that involve the trail. landing, and ferry will be free and open to the public. Visitors touring the Inn and Murphy's Landing site will be charged normal admittance fees which are $8. for adults, $6. for seniors and students and free for those 5 and under. This includes horse drawn trolley rides and parking. Discounts of $2. per ticket are readily available for those with economic need. Last year, 40,000 people toured the Landing. This included 17,000 school children who were give a reduced admission rate of $5. The Landing is located 2 miles from highway 169 which is projected to carry 42,000 ADTs in the year 2020. The Minnesota Valley Trail system and its feeder systems, when completed, will directly accommodate people from St Paul to Mankato. We have made no attempt to assess the future use of the boat landing, but we can accommodate water craft from canoes to pleasure boats. The planned use for the Inn includes first floor meeting and interpretive space to serve the general public. The second floor will be designated for affordable (at-cost) office space for groups whose purpose is to preserve environmental and cultural conditions of the Minnesota River. Planned development for the city of Shakopee includes revitalization of the downtown area along the river. This includes living space combined with retail space. Completion of this scenic trail and the addition of historic enhancements will contribute to the economic viability of this project. This kind of land use encourages bicycle and pedestrian fOnDS of transportation. It is possible that people who are commuting to jobs across the river may someday choose to connect via the trail system and ferry_ River ferry, tavern part of Murphy's proposal By Sandra Brands STAFF WAITER Like 8 ballet. when it finally all comes together, Ihe work will be bOlh heautiful and educational. The vision is irrcsislilJle -a working ferry that will trullspon bike riders ilnd hikers from Edt!1l Prairie ucross the river 10 three new, tiered docks, the reconsfmcted slone laVern Ihul originally occupied the site at Mue- plly's Landing in Slmkopee, and die completion of the Iusl leg of II se- ries of bike trails connecting wild. life refuges and purks along the 72 miles of lhe Minnesota River, paved and made accessible 10 everyone, It is parl of an efforllo make the Minnesota ruycr and its offerings Dvailable to all people, said Shirley Olson, execlHive director of Mur- phy's Landing, and it's an dfon that surrounding cities, the Minnesota Department of Natural Resources Siaff photo by Sandra Brands The proposal Is part 01 an ellort 10 make the Mlnnesola River and Its offarlngs available to all people, said Shirley Olson, ex- ecutive director 01 Murphy's Landing. (DNR), Ihe U.S. Depnrtmenl of Fish and Wildlife and Ihe Shukopec Cham- ber of Commerce and Convention and Visitors [hlreau all saw os worthwhile, "OLlr mission is to preserve and present the llistory of the MinnesOia River Valley," said Olson, one of the leaders ill the project. llislorically, "it was real obvious Ihat the Minnesota River W.IS the major influence in this area. Certainly, it was the reason for Murphy's Landing hislory and eventually Shakopee. "All ulung, our goal hilS been to bener interpret the past. Ilow do we beller use the true history of the site? And Ihllt is Ihallhe MinnesOia River was the impetus for 1111 Ide- . velopment], Somehow, we didn't MUItI'II\"S 10 Page 9 Oct. 2, 1997 Shakopee Valley News Page 9 M urp 11 y 'S con!lnued fmlll Page I ____ _ feel thai Ihis message waS coming across." The solution would be, of course, to recreate the inn RIIlI the ferry lind offer visitors the chance to re~ellacl river leavel of Ihe mid-19th century. 8ullhal view was 100 limited. Jnslead, the idea has been 10 brunch oul and WOI k with olher govenuuent agencies to nOI only provide a historic use of the liver and suuounding trails, bUI recreational use thai gives visitors an opportunity 10 Iravel a scenic byway (or pleasurc. 11lc plans proposed, Ihen, unile the resources of a number of govern~ menl,11 oml nonprofil "eeucie" to rc~ slore Ihe inn, build docks, lind com~ plele Ihe Irail in a combined $1.925 rnillian IJrojecl spread over three phases of development, with Mur- phy's responsible for Ihe historic re- construcllon and Ihe DNR n:spollsi- hie for the trail COlUplclion. The project hinges 011 whclher Murphy's ami the UNit receive re- queSled Cederal CundinG COl' $700,l]{X) ench under Ihe Transrorlulion En- hancement Program f ·EP) to hegin the work. If Ihe TEP fnnJs arc awnrd- ed, Ihe Minnesota River Vi.llle)' Wa- lersheJ District will contribute $15,000 to Ihe projecl, the cities of Shakopee and Eden Prailie $25.000 each (wilh Shakopee contributing $30,000 in "in-kind" dOlltllions), and Ihe DN R providing Un addiliOl",1 $175,000 in fllndillG. 11,e bulk of Ihe money, Olson said, is being solicited from the feJeral government TEP (lIlllls 10 ensure Ihal transpoltalioll syslems lire secure 811(1 IUnintnin the inlegdty of"whal's benu- liful UhotH America," Ten percent of federal lransporlmion fuuds are sel nshle 10 he used fur this purpose ill three diJferent cutegoril!s, inCluding resloralinn of hisloric properties aud the eSlaiJlislunl!nl of I"killg IlIuJ hike trails along sccnic byways. "What We ,lid was combine Ihe rehuiltling of Murphy's Inn nnd the creal ion of handicap accessibility to Ille river and picnic areo," Olson suitl. The DNR requested funding to he used to complete Ihe Minnesota Val· ley Trail, which was sHlrled in 1969, from the Bloomington Perry Road to the trail head in Memorial Purk in Shakopee, 11,e IwO large rcquem lor lu"d- ing ale considered companion piec- es, Olson said, adding Ihat while Ihey'rc completely separate requests, Ihcy will henefit each other. To heir the recluest, Murphy's Landing, the DNR and the city of Shuknpee have entered a joint agreement thai gives the DNR H pemlanenl easement along Ihe river lloaillows allhe 1001 01 Mur- phy's Landing. "11,e .0u,1o side 01 Ihe Irail will be fenced with wrought iron, gated so that visitors can go down 10 the river way," Olson said. Nonh of the fence will be the area open to the public, cOmplel!? wilh picnic shelters and In inler\lfelivc kiosk Ihal will inform peop e aoont the importance of the river and its impact on Miliphy's and the surroundillg communities. And while this pUlliculw-granl will nol cover Ihe eSlimated $100,000 needed 10 recreate Murphy's ferry,. which IIsed ropes and tackle to ford Ihe dver, eventu,,!!y a feny will be huill that willtranspon bikers and hik- ers across Ihe river (rom Eden Prai- dc's Irail systellllO Shakopee. Olson said she envisions someone dressed as Major Murphy steeling the ferry across Ihe river and helping people rccaptUle Ihe feel of river transport over 100 years ago. The ferry itself WIIS propelled aCross the river on a cable, which lay on the dver hed when Ihe ferry was docked so as not 10 inlerfere with stemnhoal anti river traffic. 111c ca- hie ,aised oul of thc water as the ferry was propelled by 1181ul. 'ille proposed ferry, however, would not require such muscle, Olson said, since the pulleys and cahles will prouahly he mecha- nized. Money will also be used 10 restore Ihe prairie along Ihe trail, creating an envtrolllilentihal early settlers would hllve tirst seen when they arrived in SCali Counly. "There nrc historic accounts of peoplucollIing ul1the river and heing oble to see Murphy's Inn,lhe crops in Shakopee and the \lruirie heyond," Olson snid. Today, t Ie site is tlegnld- ed, with trees hlocking the view up the hluffs 10 Ihc sile of the original lavern. "What we're creating is an area of public lise," she said. "The Minne- sota River is very beautiful, very sce- nic. It's in its natural state, which is very rare in an uruan area," Eventual- ly, the hope is Ihal visitors to the area will hnve a chance to step back in lime, if Ihey want "1It1 see whot Major Hichard Murphy saw when he first came to the area. Originally, Murphy's WilS a stagecoach nnd steanlboal stop along the river. Murphy, an Indian Murphy's Tavern, which went up In lIames Inlhe 1960s, was buill 100 years earlier 10 provide sheller to those Iravellng by Ihe Mlnnesola Rlver_ agenl for Redwood and Yellow Med- icine, had sellied in Eagle Creek Township easl of Shakopee. lie built ·a two-story stone building thnt he used for a lesidcllce and stage hOlel. In 1856, Ihe sinh: Legislaillfe granted him the "right to operute exclusively for 15 years, a ferry al a point in Scali olld lIennepin Counties known as Murphy's LUliding." The ferry begun opernlin§ on July J, 1861. fillt Ihe seeds of failure hnd alrendy heen pluflted. Five years be- fore,just as MUlphy received the right In operate B feflY, the St. Paul and Sioux City Railrolld received a char- It:r lO construci a road from Sf. PilUI thai would proviue u direcl rOlile from Sllilkopee 10 51. Paul through M inne- apolis. The plan culled (or the build- ing of a bridge ~ver the Minnesoln River nenr Ihe site of Murphy's feny. III unticiplltioll of the flltllre hene- fits of the plans on his hotel, Murphy backetlthe wrong ruilrond. Aller 10 rellrs of serious luhhyinc, and politick- tng, the bonds 10 build the bridge across the Minnesota were awarded 10 "nolher lailcolld, and IIIC hridge was built hllther euSI along the river. 'Ille hotel became known us Mm· phy's Folly, Olson suid. MlIIphy's Inn survived until the 196(15. when il was ,lest rayed by fire. Today, only Ihe basement, overgrown with sumac,trees Bud wild grape, and scattered bricks and refuse, remain of Ihe inn. Recently, nrcluu:olt)gisis (rom tllc Illstilute for Minnesota Ardlneol- o~y (lMA) have luken part in a fc:w digs along Ihe foulHlutinns of the inn to get n sense u( how people lived and whllt they IIsed. The bnsement foundation ond uld piaolOgr"phs I,rovide a fairly good Idea of whalthe illn once looked like, bUI there are a few c)ueslions, Olson said. Olle cOllcerns whether a bulco- ny stretched across the fronl of the hlliltlinG, similar lO those foun,1 in hnmes in Spanish Califurnin. But nl- ready, Olson snid, stone IImtchinG the origin,,1 ·stone hus heL'1I ImoO·IIted nnd un ngl eemcnt struck with n )cH.:i.l1 'I"ar- ry, which will provide the stunt! if Murphy's cun find a wfly 10 transport it 10 the sile. WhclI rehuill, the lovern wilt be used for o(ficcs, meeting roums nnd UII interpretive nreu. The meeting roollls wi!! he open to groups dedi- coted 10 the cuhural or ellvironmen- ~1~U:I:l~~r~I~lllii)lr,lcl(:J~I!I\~I;lr~li;'I~ls~~~ Wlltcrslictl Districlllnd the Friends of the Minnesota River Valley. "We sec IIlis as a pillce wherc these sfllilll gHlUpS clln COIIIC together to . share i"fnnnalion and i~enlily aelhl."s Ihill cnn be taken," she sail.!. : ... ~-. I" Ihe meanlime, sh'~ies.,l,Io\n:bq; ,Iune, she said. One of thitihflQ:5.~ ~hllphy's is searching for is· SIOIies ahoul the inn ilnd pholograllhs· of the eXlerior und inlerior of Ihe site. "Ue- clluse the inn had stood so long, peo- ple may knuw what it looked like or h.lve phlltos," she saiLi. "It was a com- 11,,111 social gathering SPOI, We're fluoking fo(llhosc: phOloS and hislor- iClllllilirative accounIS." :' III the first plu,ses of this muhi· agency prnject, plans call for the con- slJllction uf three hool docks, situm- clLul lliflcrent heighls 10 ftCCOIIHl1U- dale the cUIIstnntly· changing Winer !~i;fll~:)[,:!if. ~~~'~\~~~I:::~I~)J~I~f~~~li~:·I~ I'U"I ,It)cks, "notller for personal 1,1.:,,- sure cruft and Ihe third for canoes.: If Ihe gennl is approved, histori- c,ll resellfcil will be completed in 1998 nUlhe inn, the river landing areD and Ihe fca ry. Dcsigns und JI\Odels will be cumpleted in 1999, with aClual con- struction to begiu in 2000, and com- pleled by 2001. CITY COUNCIL AGENDA DATE: SECTION: Other Business March 12, 1998 DEPARTMENT: ITEM DESCRIPTION: ITEM NO. Human Resources and Communication Services City Manager Evaluation (closed session) XII. A. Requested Action: Council to review City Manager's Performance for the 1997 performance year (in closed session) and determine the City Manager's salary increase for 1998. Back2round: In January 1998 Councilmembers R. Case and S. Butcher-Younghans were assigned to be the Council Evaluation Team. Their responsibilities were to complete the performance review of the City Manager, review salary market data and develop a salary recommendation for consideration and action by the City Council in March. H:hr\council\98info\398-rev.wpd\bmm Rev 3/12/98