Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
City Council - 04/18/2000
AGENDA EDEN PRAIRIE CITY COUNCIL WORKSHOP/FORUM TUESDAY,APRIL 18,2000 CLOSED SESSION 5:00—5:30 PM, CITY CENTER 1999 CITY MANAGER PERFORMANCE REVIEW HERITAGE ROOM HI COUNCIL WORKSHOP 5:30- 6:55 PM, CITY CENTER HERITAGE ROOM II CITY COUNCIL: Mayor Jean Harris, Councilmembers Sherry Butcher,Ronald Case,Ross Thorfinnson, Jr., and Nancy Tyra-Lukens CITY COUNCIL STAFF: City Manager Chris Enger, Parks &Recreation Services Director Bob Lambert,Public Safety Director Jim Clark, Public Works Services Director Eugene Dietz,Asst. City Engineer Rod Rue, Community Development and Financial Services Director Don Uram,Management Services Director Natalie Swaggert, City Attorney Roger Pauly and Council Recorder Peggy Rasmussen I. CALL MEETING TO ORDER—MAYOR JEAN HARRIS II. APPROVAL OF AGENDA III. LAKE WATER QUALITY DISCUSSION VII. OTHER BUSINESS VHI. COUNCIL FORUM IX. ADJOURNMENT MEMORANDUM To: Mayor and City Council From: Bob Lambert,Director Parks and Recreation Services Gene Dietz, Director Public Works Services Y Date: April 18, 2000 Subject: April 181h Workshop—Discussion of Lake Water Quality Improvements SUGGESTED WORKSHOPS DISCUSSION: The Riley/Purgatory/Bluff Creek Watershed District (WSD) has completed their Water Management Plan, but the City is at a stage of beginning our last step in our local planning process. The natural result is that each agency is at a different stage in the thought and action planning process. While the WSD has determined goals and funding priorities, the City needs to identify and prioritize competing needs according to value and funding availability at the local level. Therefore,making a final decision(at the City level) on an alum treatment facility without knowing what other priorities exist is out of context at this time. The following topics are suggested items for a philosophical discussion and idea exchange: 1. Current Status. It would be desirable to have each party understand where in the process of water management planning each agency is currently at. 2. Prioritization. Assuming that funding will not be available to do everything that is necessary to immediately improve or maintain our water quality, what would be our priorities among the following: • Wetlands. Protection of good and high quality wetlands and/or restoration of fair or poor quality wetlands? • Lakes. In what order do we prioritize the lakes for restoration and/or protection? Shall the basis be on swimming, maintaining specific minimum standards, utilization by the public, or perhaps current level of distress? • Streams/Creeks. • Detention/NURP pond maintenance. 3. Interrelationship of Resources. Since wetlands, lakes, streams, and ponding facilities are all interrelated, where in the cycle might be the best place to focus resources for the best results to stabilize and then to improve water quality? 4. Resource Availability. The City has a storm water utility and the WSD has certain financial resources. How can these be optimized for the best results? April 1 e Workshop—Discussion of Lake Water Quality Improvements April18, 2000 Page 2 BACKGROUND: In response to a petition by the City,the WSD completed a detailed study of the water quality of Round Lake and submitted a report with recommendations to the City Council in late 1999. The Council may recall that the report provided a number of recommendations, including: • Upgrading existing runoff detention ponds • Adding new runoff detention ponds • Chemical treatment of watershed runoff through an alum treatment system with an estimated cost of$760,000 plus $10,000425,000 annual maintenance • One time lake alum treatment at an estimated cost of$6,500 • Fisheries management that included installation of fish feeders • Aquatic weed management and • Canada goose management. The estimated cost for completing all of the recommended procedures would be approximately $900,000. Upon review of the report from Barr Engineering, the Council directed staff to talk to several other governmental agencies to see if there were other options that were less expensive. At the January 18, 2000 meeting, City staff reported to the Council that of those agencies responding to the request, all agreed that the Barr Report described the quickest improvement possible; however, many also indicated a reluctance to rely on mechanical means to improve any lake and maintain it. City staff suggested that rather than taking action on the Barr Report at that time, the Council delay approving a long term management plan for Round Lake until the City adoptes a Local Water Management Plan (LWMP). The LWMP would address water quality improvement for all of the lakes, streams, and wetlands in Eden Prairie. Staff indicated a recommendation would be forthcoming to appoint a Citizens Task Force to develop a Water Management Plan for the City in 2000. SUMMER 2000—STAFF RECOMMENDATIONS FOR ROUND LAKE: Staff recommended a number of measures to implement in 2000. This included: • Applying for a relocation permit to relocate geese that are nesting in Round Lake Park • Consider budgeting for a swimming curtain to enclose the swimming beach area, and • Obtain a permit from the DNR to pump in fresh water behind the curtain • Installation of a chain link fence around the beach to discourage geese from using that part of the park and • Use of a dog to harass geese in that vicinity. At the January 181h meeting,the City Council directed staff to obtain plans and specifications and permits necessary to make those types of improvements during the summer of 2000 while the April 18th Workshop—Discussion of Lake Water Quality Improvements April 18, 2000 Page 3 swimming beach is closed. The beach would then be reopened in 2001 with the use of a curtain and other management practices recommended by the Director of Parks and Recreation Services. The Council indicated that they expected that the City Water Management Plan would utilize many of the practices recommended by the Barr Report, but should provide practices that would be practical for all lakes that should ultimately be swimmable. LOCAL WATER MANAGEMENT PLAN: The Comprehensive Wetland Protection and Management Plan (CWPMP) and Local Drainage Plan Update (LDP) were completed in 1999. These Plans were the first step towards completion of the City's Local Water Management Plan (LWMP). The next step will to integrate these Plans as well as our Comprehensive Plan and the Water Management Plans prepared by the Watershed Districts into an overall surface water management plan for the City. The purpose of the Local Water Management Plan (LWMP) is to compile detailed information on our overall surface water management objectives, including management of our lakes, wetlands, stormwater ponds and creeks, as well as integration of stormwater planning with our surface water system. The final document will include water quality protection measures and a capital improvement program to bring the City's LWMP into conformance with each of the WSD Management Plans. There are many elements that must be evaluated within the LWMP, including a capital improvement program; land development review procedures and standards; watershed district involvement; community involvement; financing considerations; maintenance schedules and budgetary needs; runoff, erosion and sedimentation management; and floodplain and shoreland management. As a part of developing the LWMP, a Task Force will be appointed by the City Council which will involve not only volunteers from the community but outside agencies such as the various Watershed Districts, Department of Natural Resources, Pollution Control Agency, Hennepin Conservation District and the Metropolitan Council in developing the overall water management goals for the City. It is anticipated that a contract for a consultant to prepare this plan will be submitted to the City Council within 60 days. At that time, staff will also organize a plan for appointment of a Task Force. The entire project is anticipated to be completed within two years. BL:mdd c: Watershed Board of Directors Bob Obermeyer HALambert 2000\April 18th workshop AGENDA EDEN PRAIRIE CITY COUNCIL TUESDAY,APRIL 18,2000 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Jean Harris, Councilmembers Sherry Butcher,Ronald Case,Ross Thorfinnson, Jr., and Nancy Tyra-Lukens CITY COUNCIL STAFF: City Manager Chris Enger, Parks & Recreation Services Director Bob Lambert, Public Safety Director Jim Clark, Public Works Services Director Eugene Dietz, Community Development and Financial Services Director Don Uram, Management Services Director Natalie Swaggert, City Attorney Roger Pauly and Council Recorder Peggy Rasmussen I. ROLL CALL/CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS IV. MINUTES A. CITY COUNCIL WORKSHOP HELD TUESDAY,MARCH 21,2000 B. CITY COUNCIL MEETING HELD TUESDAY,MARCH 21,2000 C. SPECIAL CITY COUNCIL MEETING HELD THURSDAY,MARCH 30, 2000 _ V. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. EATON CORPORATION PUD by Eaton Corporation. 2nd Reading for Planned Unit Development District Review with waivers on 25.37 acres and Zoning District Amendment within the I-5 Zoning District on 25.37 acres, and Site Plan Review on 25.37 acres. Location: 14165 Lone Oak Road. (Ordinance for PUD District Review and Zoning District Amendment and Resolution for Site Plan Review) C. LIBERTY PLACE by Liberty Property Limited Partnership. 2nd Reading for Planned Unit Development District Review with waivers on 16.88 acres and Zoning District Change from RM-2.5 to I-2 on 5.57 acres; RM-2.5 to Office on CITY COUNCIL AGENDA April 21,2000 Page 2 7.12 acres and I-2 to Office on .41 acres, Zoning District Amendment within the I-2 Zoning District on 3.78 acres, and Site Plan Review on 16.88 acres. Location: Smetana Lane and Valley View Road. (Ordinance for PUD District Review, Zoning District Change, and Zoning District Amendment, and Resolution for Site Plan) D. BRAXTON WOODS 2nd ADDITION by Centex Homes. 2nd Reading for Planned Unit Development District Review with waivers on 7.1 acres and Zoning District Change from Rural to R1-13.5 on 7.1 acres. Location: East of Cedarcrest Drive and west of Shetland Road. (Ordinance for PUD District Review and Zoning District Change) E. SUNNYBROOK COVE Approve the Lender's Supplement Agreement and authorize the Mayor and City Manager to execute the Agreement with such changes as are approved by the officers so executing the Agreement. (Lender's Supplement Agreement) F. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH DALGREN, SHARDLOW & UBAN FOR COMPREHENSIVE -PLAN UPDATE G. APPROVE SECOND READING OF AN ORDINANCE AMENDING CITY CODE CHAPTERS 2, 11 AND 12 H. APPROVE PROCLAMATION DESIGNATING MAY 6 2000 AS ARBOR DAY IN EDEN PRAIRIE I. ACCEPT BID AND AWARD CONTRACT TO STREICHER'S POLICE EQUIPMENT FOR THE PURCHASE OF POLICE FIREARMS. J. ACCEPT DONATION OF OUTLOT A,BLUFF COUNTRY VILLAGE, TO THE CITY OF EDEN PRAIRIE, FROM HUSTAD COMPANIES K. AWARD BID FOR THE RENOVATION OF FLYING CLOUD BALLFIELDS TO VALLEY PAVING,INC. L. AWARD CONTRACT FOR INSTALLATION OF PLAYGROUND EQUIPMENT AT NESBITT PRESERVE PARK TO EARL F. ANDERSON,INC. M. APPROVE CHANGE ORDER FOR THE NESBITT PRESERVE/ROUND LAKE PARK IMPROVEMENT PROJECTS TO ADD CONSTRUCTION OF THE ROUND LAKE BOAT HOUSE N. ADOPT RESOLUTION APPROVING CONSTRUCTION COOPERATIVE AGREEMENT WITH HENNEPIN COUNTY FOR TRAFFIC SIGNAL AT CSAH 1 AND STARING LAKE PARKWAY,I.C. 99-5497 CITY COUNCIL AGENDA April 21,2000 Page 3 O. ADOPT RESOLUTION APPROVING CONSTRUCTION COOPERATIVE AGREEMENT WITH HENNEPIN COUNTY FOR TRAFFIC SIGNAL AT CSAH 1 (PIONEER TRAIL)AND DELL ROAD,I.C. 00-5511 P. RECEIVE FEASIBILITY STUDY FOR FOREST HILL ROAD IMPROVEMENTS AND SET PUBLIC HEARING (RESOLUTION), I.C. 98-5466 VI. PUBLIC HEARINGS/MEETINGS A. PRAIRIE HILL EVANGELICAL FREE CHURCH by Prairie Hill Evangelical Free Church. Request for Planned Unit Development Concept Review on 5.38 acres, Planned Unit Development District Review on 5.38 acres, Zoning District Amendment within the Public Zoning District on 5.38 acres, and Site Plan Review on 5.38 acres. Location: 17200 Valley View Road. (Resolution, for PUD Concept Review and Ordinance for PUD District Review and Zoning Amendment) B. WINGATE HOTEL by Eden Prairie Hotel Group, LLC. Request for Comprehensive Guide Plan Change from City Service to Regional Commercial 5.25 acres, Planned Unit Development Concept Review on 5.25 acres, Planned Unit Development District Review with waivers on 2.89 acres, Zoning District Change from I-5 to C-Reg-Ser Zoning District on 2.89 acres, Site Plan Review on 2.89 acres, and Preliminary Plat on 5.25 acres into 2 lots. Location: 7900 and 8000 Mitchell Road. (Resolution for Guide Plan Change, Resolution for PUD Concept Review, Ordinance for PUD District Review and Zoning District Change, and Resolution for Preliminary Plat) C. WELTER'S TRAILHEAD by Ray and Carole Welter, Jr. Request for Planned Unit Development Concept Review on 5.22 acres, Planned Unit Development District Review with waivers on 5.22 acres, Zoning District Change from Rural to R1-13.5 on 5.22 acres, and Preliminary Plat on 5.22 acres into 4 single-family lots, and 1 outlot. Location: 9630 Crestwood Terrace. (Resolution for PUD Concept Review, Ordinance for PUD District Review and Zoning District Change, and Resolution for Preliminary Plat) D. LINCOLN PARC Adopt Resolution authorizing a Proposed Multifamily Housing Program and Issuance of Multifamily Housing Revenue Bonds (Lincoln Parc Apartments Project) VII. PAYMENT OF CLAIMS VIH. ORDINANCES AND RESOLUTIONS A. AOL TEVIE WARNER MERGER Transfer control of KBL Cablesystems of the Southwest, Inc., the cable television franchisee, resulting from the mergers of Subsidiaries of Time Warner, Inc., and America Online, Inc., into AOL Time CITY COUNCIL AGENDA April 21,2000 Page 4 Warner,Inc. (Resolution) IX. PETITIONS, REQUESTS AND COMMUNICATIONS X. REPORTS OF ADVISORY BOARDS & COMMISSIONS XI. APPOINTMENTS A. BOARDS AND COMMISSIONS MI. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. City Manager's Evaluation and Merit Bonus Recommendation B. REPORT OF CITY MANAGER C. REPORT OF PARKS AND RECREATION SERVICES DIRECTOR D. REPORT OF COMMUNITY DEVELOPMENT AND FINANCIAL SERVICES DIRECTOR 1. Extend Project Closing Date—Lincoln Parc Apartments E. REPORT OF PUBLIC WORKS SERVICES DIRECTOR 1. Renewal of Midwest Asphalt Corporation's Land Alteration Permit and Addendum A Covering Operating Conditions 2. Approve Agreement with Hennepin County,Marshalls, and City for Land Use at 9100 Eden Prairie Road 3. TH 212, Segment II Compressed Staging F. REPORT OF PUBLIC SAFETY SERVICES DIRECTOR G. REPORT OF MANAGEMENT SERVICES DIRECTOR H. REPORT OF CITY ATTORNEY XIII. OTHER BUSINESS A. COUNCIL FORUM INVITATION XIV. ADJOURNMENT UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL WORKSHOP/FORUM TUESDAY,MARCH 21,2000 5:00- 6:55 PM, CITY CENTER HERITAGE ROOM H CITY COUNCIL: Mayor Jean Harris, Councilmembers Sherry Butcher,Ronald Case,Ross Thorfinnson, Jr., and Nancy Tyra-Lukens CITY COUNCIL STAFF: City Manager Chris Enger, Parks & Recreation Services Director Bob Lambert, Public Safety Director Jim Clark, Public Works Services Director.Eugene Dietz, Asst. City Engineer Rod Rue, Community Development and Financial Services Director Don Uram, Management Services Director Natalie Swaggert, City Attorney Ric Rosow and Council Recorder Peggy Rasmussen I. CALL MEETING TO ORDER—MAYOR JEAN HARRIS Mayor Harris called the meeting to order at 5:30 p.m. II. APPROVAL OF AGENDA III. CAPITAL IMPROVEMENT PLAN(CIP) Enger said the prioritization process was reviewed at a previous City Council Workshop, classifying projects as "A', `B", and"C"in priority. Council directed Staff to come back with recommendations on how to fund the "A" projects. The purpose of this meeting is for the Council to discuss policies and strategies for funding the CIP. All "A" projects are fundable. Discussion as to "how"these projects are funded is needed. The various types of Capital Improvements were reviewed for maintenance, support and expansion. Capital needs for 2000-2005 total $21,433,500, and beyond 2005 are $4,591,000. Total anticipated capital needs are $26,024,500. Prioritizing the needs for 2000-2005 breaks down to "A"projects, $14,480,000, `B"projects, $6,128,500, and"C" projects total$825,000. The needs beyond 2005 are identified. The biggest expenditure is $2 million for the new fire station and replacement of fire department vehicles,which were all purchased in the same year. "C"projects will need to be done at a future time. "A"projects include $6,493,000 for Public Works (primarily the Pavement Management System), $3,250,000 for Public Safety, $855,000 for Parks and Recreation, $600,000 for Information Technology, $1,467,000 for Facilities Maintenance and Improvements, $2,425,000 for Park Development and$390,000 for Park Acquisition. I COUNCIL WORKSHOP AI MUTES March 21, 1999 Page 2 Staff presented a number of alternative funding strategies including: • The CIP Revolving Fund. This fund was established specifically to pay for the City's capital improvements. There are approximately $2 million in the fund currently and staff projects an additional $2 million added this year. Revenues for this fund come from transfers from the general fund, the enterprise funds, and one- time revenues. • The General Fund Tax Levy. The City currently transfers excess building permit and development fee revenue above the level budgeted to the unreserved fund balance. The purpose of this is to fund future operating expenses.if necessary. Any remaining revenue above the level budgeted is transferred to the CIP fund. Last year $1.2 million was tranferred. • The Liquor Enterprise Fund. The City budgets annually for a transfer from the liquor fund to the general fund. In 1999, $450,000 was budgeted to be transferred. Since revenues exceed expenditures in the general fund, this transfer is not necessary and staff recommends transferring it to the CIP fund. • One-Time Revenue. The City expects to close on the sale of the former public safety building in May. The proceeds from the sale will be used to fund one-time expenditures (the relocation of the 911 tower) and the remainder will be transferred to the CIP. • Cash Park Fees. These could be used for second phase park-facility replacement. Lambert said Cash Park Fees are being used for some smaller projects, but we may run out of Cash Park Fees for doing this work. The $1 million improvement for the ballpark cannot be done with Cash Park Fees. • Utility Enterprise Fund. Currently $60,000 a year is budgeted to be transferred to the general fund. The possibility exists to transfer either a larger amount to the general fund or make a transfer to the CIP fund. An analysis of the utility enterprise debt service funds must be done prior to any additional transfers. A combination of these funding sources will allow the City to fund all"A"projects,with the potential to fund `B" and "C"projects. With the exception of using cash park fees for second phase park-facility replacement, Council was comfortable with the alternatives presented. Potential funding strategies include the following: • Bonding. As the City's debt level is reduced, the possibility to issue additional debt exists. Staff recommends that the City issue debt to fund large capital (vehicles) expenditures through the use of equipment certificates. • City Center Debt Service Fund. Based on staff projections, the City Center debt service fund currently has a surplus. Because of that,revenue from this fund could be used for building maintenance and repair. Staff will review the balance in the fund annually to ensure that debt service payments are made. • Street Lighting Utility. The City could implement a street lighting utility which would allow for an additional$600,000 annually for use in the CIP. • Street Utility. The legislature is currently discussing the potential of allowing municipalities the ability to implement a street utility.The purpose of this would be to fund street maintenance and repair. Staff will continue to monitor this legislation. D, COUNCIL WORKSHOP MINUTES March 21, 1999 Page 3 Enger said the City can fund all of the "A" projects. If some of the funding sources perform better,the City should be able to fund all the `B" and some"C"projects. Dietz said the City is spreading the funding of the Pavement Management System over 10 years instead of five years. In five years staff will determine the validity of the Pavement Management System model and recommend adjustments to funding levels and sources if necessary. At that time, staff will address the possibility of implementing a street lighting utility and also revisit the special assessment policy. Mayor Harris said the recommendations would be a continuation of things that are already being done plus bonding and the use of the City Center debt service fund. Thorfinnson congratulated Staff on their outstanding work in preparing the CIP and the planned funding sources. Enger said a final report would be presented to the Council in May. They will see how the funding strategies would work for the "A"projects. Case said he would like to look at the list of"A", `B", and "C" projects again to see if all three levels need to be done. Enger also said that staff would bring back for presentation to the Council an overall debt service schedule. This could be used to identify opportunities for issuing additional debt. Enger thanked all those who worked on the CIP and expressed appreciation for the support and direction received from the Council. II. OTHER BUSINESS VIII. COUNCIL FORUM IX. ADJOURNMENT MOTION: Case moved to adjourn the meeting. Mayor Harris adjourned the meeting at 6:45 p.m. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY,MARCH 21,2000 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Jean Harris, Councilmembers Sherry Butcher,Ronald Case,Ross Thorfinnson,Jr., and Nancy Tyra-Lukens CITY COUNCIL STAFF: City Manager Chris Enger, Parks & Recreation Services Director Bob Lambert, Public Safety Director Jim Clark, Public Works Services Director Eugene Dietz, Community Development and Financial Services Director Don Uram, Management Services Director Natalie Swaggert, City Attorney Ric Rosow and Council Recorder Peggy Rasmussen I. ROLL CALL/CALL THE MEETING TO ORDER Mayor Harris called the meeting to order at 7:00 p.m. II. PLEDGE OF ALLEGIANCE III. PRESENTATION OF THE TCALMC EARL WILLFORD AWARD Eden Prairie received the Twin City Area Labor Management Committee Earl Willford Award to recognize outstanding efforts in cooperative labor management relations at its Annual Membership Meeting on March 2, 2000. Bob Lambert, on behalf of the Management Staff and Scott Cole, on behalf of the Independent Union of Operating Engineers, thanked Council for its continuing support of the Labor Management Committee. Mayor Harris said it was an honor to receive this award on behalf of the Council. IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Thorfinnson added ITEM XIII.A.1., Report on the Congressional Cities Conference. Enger removed Consent Calendar ITEM VI.E. and added ITEM VI.G., APPROVE FIRST AMENDMENT TO JOINT POWERS AGREEMENT TO ESTABLISH SOUTHWEST METRO COMMISSION. MOTION: Case moved, seconded by Thorfinnson, to approve the agenda as published and amended. Motion carried 5-0. V. MINUTES A. CITY COUNCIL WORKSHOP HELD TUESDAY MARCH 8 2000 1 CITY COUNCIL NHNUTES March 21,2000 Page 2 MOTION: Tyra-Lukens moved, seconded by Case, to approve the minutes of the City Council Workshop held Tuesday, March 8, 2000, as published. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY,MARCH 8,2000 MOTION: Butcher moved, seconded by Thorfinnson, to approve the minutes of the City Council Meeting held Tuesday, March 8, 2000, as published. Motion carried 5-0. VI. CONSENT CALENDAR A. SUNNYBROOK COVE by Taurus Properties. 2nd Reading of the Ordinance for Planned Unit Development District Review with waivers on 6.51 acres, and Rezoning from Rural to R1-13.5 on 6.51 acres. Location: 12640, 12550, 12500 Sunnybrook Road. (Ordinance No. 9-2000-PUD-3-2000 for PUD District Review and Zoning District Change) B. ADOPT RESOLUTION NO. 2000-43 APPROVING FINAL PLAT OF BLUFF COUNTRY VILLAGE C. ADOPT RESOLUTION NO. 2000-44 AUTHORIZING ISSUANCE OF $600,000 EQUIPMENT CERTIFICATES OF INDEBTEDNESS, SERIES 2000A D. ADOPT RESOLUTION NO. 2000-45 ACCEPTING THE MINNESOTA AUTO THEFT PREVENTION PROGRAM GRANT E. ADOPT RESOLUTION TO EXECUTE THE JOINT AND COOPERATIVE AGREEMENT FOR THE CITY OF EDEN PRAIRIE TO BE A MEMBER OF THE MUNICIPAL LEGISLATIVE COMMISSION F. APPROVE LEASE AGREEMENT WITH HENNEPIN COUNTY FOR ELECTION EQUIPMENT G. APPROVE FIRST AMENDMENT TO JOINT POWERS AGREEMENT TO ESTABLISH SOUTHWEST METRO COMMISSION MOTION: Thorfinnson moved, seconded by Case, to approve Items A-D and F-G on the Consent Calendar. (Item E was removed.) Motion carried 5-0. VH. PUBLIC HEARINGS/MEETINGS A. EATON CORPORATION PUD by Eaton Corporation. Request for Planned Unit Development Concept Amendment on 25.37 acres, Planned Unit Development District Review with waivers on 25.37 acres, Zoning District D' CITY COUNCIL MINUTES March 21,2000 Page 3 Amendment within the I-5 Zoning District on 25.37 acres, and Site Plan Review on 25.37 acres. Location: 14165 Lone Oak Road. (Resolution No. 2000-46 for PUD Concept Amendment) Enger said official notice of the public hearing was published on February 3, 2000; in the Eden Prairie News and sent to four property owners. John Machio, architect for Eaton Corporation, said they are requesting a PUD waiver to increase the percentage of square feet of office space from 60 percent to 90 percent, as this will be their administrative headquarters. In order to meet the parking requirements for increased office use, 103 additional spaces are required. Uram said the Community Planning Board voted 6-0 to recommend approval of the project at their January 24, 2000 meeting. Eaton Corporation is requesting waivers that are consistent with others that have been granted in that area. The proponent has agreed with all items in the Staff memorandum. Mayor Harris asked if anyone wished to address this proposal. No one did. MOTION: Tyra-Lukens moved, seconded by Case, to close the public hearing. Motion carried 5-0. Tyra-Lukens asked Staff if the statement that the entire east half of the site will be preserved means it would never be used by Eaton. Uram replied that means it will not be disturbed at this time. MOTION: Butcher moved, seconded by Case, to adopt Resolution No. 2000-46 for PUD Concept Amendment on 25.37 acres; and approve 1st Reading of the Ordinance for a PUD District Review with waivers and for Zoning District Amendment within the I-5 zoning district on 25.37 acres; and direct Staff to prepare a Developer's Agreement incorporating Commission and Staff recommendations. Motion carried 5-0. B. LIBERTY PLACE by Liberty Property Limited Partnership. Request for Comprehensive Guide Plan Amendment from Industrial/High Density Residential to Office on 3.9 acres, and from Low Density Residential to High Density Residential on 2.58 acres, Planned Unit Development Concept Review on 55.08 acres, Planned Unit Development District Review with waivers on 16.88 acres, Zoning District Change from RM-2.5 to I-2 on 5.57 acres; RM-2.5 to Office on 7.12 acres and I-2 to Office on .41 acres, Zoning District Amendment within the I-2 Zoning District on 3.78 acres, Site Plan Review on 16.88 acres, Preliminary Plat on 55.08 acres into 3 lots, 3 outlots and city right-of-way, and EAW Review. Location: Smetana Lane and Valley View Road. (Resolution No. 2000-47 for Guide Plan Change, Resolution No. 2000-48 for PUD Concept Review, Resolution No. 2000-49 for EAW, and Resolution No. 2000-50 for Preliminary Plat) CITY COUNCIL MINUTES March 21,2000 Page 4 Enger said official notice of this public hearing was published on November 11, 1999, in the Eden Prairie News and sent to 15 property owners. Dave Jellison, Vice President of Liberty Property Trust, said this project includes a one-story, 93,006 square foot office-showroom building, a three-story, 81,900 square foot office/warehouse building, a concept plan for a three-story senior cooperative apartment building with 50 units, and 35 acres of open space/right-of- way. They will donate property to the City for park use. They are requesting an early grading permit. Franzen said the property was first reviewed by the Community Planning Board on January 24, 2000. It included a nine-story, 172-unit apartment building. The Board continued the project to the February 14, 2000, meeting with direction to provide a visual analysis of the apartment building and revise the plans to reduce grading in the floodplain and shore impact zones. At the February 14, 2000, meeting, Liberty withdrew the request for the nine-story apartment building and proposed a three-story, 50-unit second phase of Realife Cooperative. The Community Planning Board voted 7-0 to recommend approval of the project to the City Council with the condition that a concept site plan be presented for review by the City Council. This project requires a comprehensive guide plan change to high-density residential west of the creek and a change to office east of the creek. The project requires shoreland waivers for building height and impervious surface. The waivers requested are consistent with similar projects in the area. Dietz said Staff does support authorization to issue an early grading permit. There are some details Staff needs to coordinate with the DNR and watershed district. Council's authorization would allow staff to issue that permit when the details are complete. Butcher approved of the mixed-use plan. She asked about the waivers for an increase in the percentage of impervious surface. Franzen said it is consistent with the flexibility request received from the DNR based upon this location next to I-494, provided the City is doing the treatment to•NURP pond standards and complying with the City's requirements for wetland preservation and wetland buffer zones, and following Pollution Control Agency best management practices. Those are all part of the plan. Mayor Harris asked if anyone wished to speak about this proposal. No one did. MOTION: Case moved, seconded by Butcher, to close the public hearing; and adopt Resolution No. 2000-47 for Comprehensive Guide Plan Change from Industrial/High Density Residential to Office on 3.9 acres, and from Low Density Residential to High Density Residential on 2.58 acres; and adopt Resolution No. 2000-48 for PUD Concept Review on 55.08 acres; and approve lst Reading of the Ordinance for PUD District Review with waivers on 16.88 acres and Zoning CITY COUNCIL MINUTES March 21,2000 Page 5 Change from RM-2.5 to I-2 on 5.57 acres; RM-2.5 to Office on 7.12 acres and I-2 to Office on .41 acres and Zoning Amendment within the I-2 Zoning District on 3.78 acres; and adopt Resolution No. 2000-49 for Preliminary Plat on 55.08 acres into 3 lots, 3 outlots and city right-of-way; and adopt Resolution No. 2000-50 for the EAW; and direct Staff to prepare a Developer's Agreement incorporating Commission and Staff recommendations; and direct Staff to issue an early land alteration permit and footings and foundation permit to Liberty Property Trust to proceed with construction at their own risk and upon satisfaction of the details referred to by Gene Dietz. Thorfmnson said he wants to be sure there are discussions on a Traffic Demand Management (TDM) plan because this is in the Golden Triangle Area. Franzen replied the developer provided a TDM plan that has been reviewed and is consistent with other TDM plans. Motion carried 5-0. C. BRAXTON WOODS 2nd ADDITION by Centex Homes. Request for Planned Unit Development Concept Review on 7.1 acres, Planned Unit Development District Review with waivers on 7.1 acres, Zoning District Change from Rural to R1-13.5 on 7.1 acres, and Preliminary Plat on 7.1 acres into 8 single-family lots, 1 outlot and road right-of-way. Location: East of Cedarcrest Drive and west of Shetland Road. (Resolution No. 2000-51 for PUD Concept Review and Resolution No. 2000-52 for Preliminary Plat) Enger said official notice of this public hearing was published on March 9, 2000, in the Eden Prairie News and sent to 41 property owners. Dan Blake, Centex Homes, said this project is an extension of Centex Homes Hallett Addition. It is for eight single-family lots and will be connected to the other area by a road. They have requested waivers for bluff setback and structure location, in order to place the building pads on flatter areas of the site, resulting in less impact on the slope and trees. The existing parkway provides a road for access. Some right-of-way will need to be acquired by Centex for the construction of Cedarcrest Drive to Shetland Road. The original plan was to build the development in phases. City Staff has strongly suggested the project be built all at once. However, sewer and water are not available for some of the lots and cannot be developed until they are. Centex is requesting an extension of the normal approval time frame because sewer is not available now. Mayor Harris asked if the extension request is for a total of 24 months. Blake said that is correct,but they will be ready to go as soon as the sewer and water are there. Case asked for the reason why the sewer and water could not be brought from Riley Creek Ridge or Hallett area. Blake responded there is enough sewer depth S CITY COUNCIL AIENUTES March 21,2000 Page 6 to service a couple of lots but this development is so much lower that the sewer line needs to go to the west. Uram said the Community Planning Board voted 7-0 to recommend approval of the project at the February 14,2000,meeting, subject to the conditions in the Staff report. Case asked if the City would move fairly quickly on building the Cedarcrest Drive extension. Dietz said the developer wants to make sure improvements are well under way before preparing a petition request for the extension. The majority of the adjacent property owners wish to have the extension, but Centex cannot build homes until the sanitary sewer is available from the Cedar Forest area. Case said he wants this road to be built for the sake of the two neighborhoods as well as for safety reasons, and he asked that the City attempt to do this as soon as possible. Dietz said from the main north-south segment of Cedar Forest Drive to this extension there is a portion of Cedar Forest Drive that would have to be built with the Cedar Forest project. The City could extend the sewer line from the east and build the road and dry pipe; however, the developer will not build any of the homes until the improvements are done. Their request is for a'progressive flow, and when the Cedar Forest project is done the City will continue on into this neighborhood. Case asked if there is any rationale to building the Cedarcrest Drive connection to help people living there during construction by having another access to the area. Dietz said the City had never anticipated doing that when the feasibility study was done. It might be of some value, but during construction it will be a significant problem to maintain access to each person's driveway, and secondary access would not solve all the problems. If Centex wants to move that ahead the City could consider doing it, or Council could consider a project through a motion by the Council. Mayor Harris asked when that infrastructure would be in place. Dietz said a Preliminary Feasibility Study has been drafted for the Cedar Forest area. In April the report will be available that includes a lift station providing service to Braxton Woods 2nd Addition. If approved, Centex plans to petition for extension of this roadway. We would have to prepare a Feasibility Study for this. The public hearing on the Feasibility Study for the Cedar Forest project would not be held until at least the second meeting in May. There is some question whether the City should start work on the road this year,but should be able to have it completed by the end of next season. Lambert said this development is along Riley Creek, and the City's park open space plan is to try to acquire ownership of the creek valley. When developers are developing along the creek, the City's position is to not take creek valley land in lieu of park fees. However, we require developers to put creek valley land in an outlot and generally suggest they consider a donation or, if they want to retain 6 CITY COUNCIL MINUTES March 21,2000 Page 7 ownership, put the outlot in a conservation easement and have a trail easement within that outlot as well. The City will not own Outlot A, but there will be a conservation easement, and the developer won't be able to develop it or remove trees, etc., and the City would have the right to put a trail along the creek valley across the outlot. This is the Staff recommendation. Case asked if lot lines will run down to the creek and Lambert said they would not and should be removed from the developer's plan. Mayor Harris asked if anyone present wished to address the Council. No one did. MOTION: Butcher moved, seconded by Thorfinnson,to close the public hearing and adopt Resolution No. 2000-51 for PUD Concept Review on 7.1 acres; and approve lst Reading of the Ordinance for PUD District Review with waivers and Zoning District Change from Rural to R1-13.5 on 7.1 acres; and adopt Resolution No. 2000-52 for Preliminary Plat on 7.1 acres; and direct Staff to prepare a Developer's Agreement incorporating Commission and Staff recommendations, including the trail recommendation, and allow an extension to the preliminary plat approval to 24 months. Case said the lot lines should be clearly delineated for residents. Mayor Harris said to add this as a Council condition to the above motion. Motion carried 5-0. D. LARIAT CENTER III by Lariat Companies, Inc. Request for Planned Unit Development Concept Amendment on 4 acres, Planned Unit Development District Review with waivers on 4 acres, Zoning District Amendment within the C-Reg-Ser Zoning District on 4 acres, Site Plan Review on 4 acres, and Preliminary Plat on 4 acres into 2 lots. Location: 8335 Crystal View Road. (Resolution No. 2000-53 for PUD Concept Amendment and Resolution No. 2000-54 for Preliminary Plat) Enger said official notice of this public hearing was published on March 9, 2000, in the Eden Prairie News and sent to 38 property owners. Chad Oman, Walsh Bishop Associates, the architects of the project, provided a brief overview of the proposed plan, which consisted of a 14,000 square foot, two-story office building, with a restaurant and retail space located on the first floor. It would be located at Prairie Center Drive and Crystal View Road. Uram said the Community Planning Board voted 7-0 to recommend approval of the project to the City Council at the February 14, 2000, meeting. A waiver for a zero lot line setback to the existing structure and parking has been requested and is being taken into consideration with the concept amendment. Case inquired if the NURP pond would overflow into the wetland area. His concern over the past years is that by taking all the water from impervious surfaces into the NURP pond is not going into the wetland, the water originally 7 CITY COUNCIL MENUTES March 21,2000 Page 8 flowing in is cut off and this then affects the surrounding wetland. Dietz replied that he would have to investigate further as he didn't have the detail of the structure. However, the intent is that water in the area feeds the wetland. Case asked whether the city studies the plan to see how the wetland will be affected when a NURP pond is constructed. Dietz replied they do; the wetland plan addresses the need to maintain the wetland to a certain water level. Butcher said she understands the office building will contain office, retail and restaurants, and wondered what the signage would be for the retail and restaurants inside the building. Oman replied his firm is proposing signage by individual tenants. The owner is also proposing a monument sign at the front of the property and at the southern end of the property. Butcher asked if Staff reviews the signage before it can be put up. Enger said Staff usually looks at it for color, size and location. Franzen said the City has two types of requirements in the commercial zoning district: the owner can erect a free-standing pylon sign 80 square feet on one street frontage and a 36 square-foot pylon sign on the other frontage, and can use up to 15 percent of the wall area across the space occupied by each tenant. Since this is a small building, there will be smaller signs. Pylon signs on the property would be better. Butcher expressed concern about spoiling the aesthetics of this building. Mayor Harris asked if anyone wished to address the Council. Jay Christopherson, 635 Prairie Center Drive, said he has been a renter at Broadmoor for ten years and has general concerns about the traffic in the area. One is the intersection of Prairie Center Drive and Commonwealth Drive,because of"U"turns that are made by drivers to go back to TH 212, causing congestion at the intersection. He also said there is the need for more sidewalks and wondered if additional sidewalks are proposed with this project. Oman replied the developer would be constructing a sidewalk along Commonwealth Drive. Christopherson said parking in the area is also a concern. Parking along Commonwealth narrows the road, which creates a hazard. Another concern is to make sure that lights for the proposed parking area do not shine into the adjacent apartments. Mildred Heyer, 635 Prairie Center Drive, said she is one of the property owners at Broadmoor and expressed concern about the dangers of cars turning left onto Prairie Center Drive. She asked to have this addressed. MOTION: Tyra-Luken moved, seconded by Butcher, to close the public hearing. Motion carried 5-0. Mayor Harris asked Staff to look into the traffic situation and also make sure shoebox lighting is used in the parking lot. Franzen said one condition of CITY COUNCIL NIINUTES March 21,2000 Page 9 approval in the Staff Report was that light standards would be 20 feet high, with shoebox fixtures. Dietz said regarding traffic, Staff has a proposed solution to some of the congestion, which is the extension of Columbine Road, going behind the Broodmoor apartments, and tying into Regional Center Road, going along the north side of the Lariat building. There would be a traffic signal at Columbine and Prairie Center Drive. This would give secondary access at Columbine. If there are difficulties with "U" turns; it can be posted "No U Turns." In terms of Commonwealth Drive, he has witnessed a number of cars parking there. This . should be monitored and streets can be posted "No Parking", but he would suggest waiting before putting up those signs to see if the situation improves, as there is a demand for parking in this area. Dietz said Staff could have the police department monitor this area. One side of the street could be posted "No Parking." Case said he would recommend waiting and monitoring the area before posting the signs. Enger said he thought the manager of Chevy's restaurant might be having employees park in the street, and the new office building provides an opportunity for Chevy's to share parking with the tenants in the new building. Thorfinnson said the problem of parking will probably solve itself but he has seen cars parking on the street many times when the parking lot is not filled. He is concerned with the"U"turns on Commonwealth. The City should look at posting it"No U Turns." MOTION: Thorfinnson moved, seconded by Case, to approve Resolution No. 2000-53 for PUD Concept Amendment on 4 acres; and approve 1"Reading of the Ordinance for PUD District Review with waivers and Zoning amendment within the C-Reg-Ser Zoning District on 4 acres; and adopt Resolution No. 2000-54 for Preliminary Plat on 4 acres into 2 lots; and direct Staff to prepare a Developer's Agreement incorporating Commission and Staff recommendations and these Council conditions. Motion carried 5-0. E. TARGET EXPANSION by Dayton Hudson Corporation and General Growth Properties. Request for Planned Unit Development Concept Amendment on 87.13 acres, Planned Unit Development District Review with waivers on 8.0 acres, Zoning District Amendment within the C-Reg-Ser Zoning District on 8.0 acres, Site Plan Review on 8.0 acres, and Preliminary Plat on 57 acres into 2 lots. Location: Flying Cloud Drive at the Eden Prairie Center. (Resolution No. 2000- 55 for PUD Concept Amendment and Resolution No. 2000-56 for Preliminary Plat) Enger said official notice of this public hearing was published on March 9, 2000, in the Eden Prairie News and sent to 50 property owners. I CITY COUNCIL MEN=S March 21,2000 Page 10 Jim Tucker, real estate manager for Target, said they plan a 41,670 square foot building expansion and parking lot improvements at the Eden Prairie Center. The expansion was shown as part of a larger phasing plan presented by General Growth Properties, and the site plan is consistent with the phasing plan. Uram said the community Planning Board voted 6-0 to recommend approval of this project, including waivers for setbacks, exterior materials and signs, at its February 28, 2000, meeting. All waivers requested are consistent with other waivers granted with the Eden Prairie Center expansion. The recommendation included plan changes for landscaping, decorative lights, signs, and cart corrals to be completed prior to City Council review. The plans have been revised according to the Community Planning Board recommendation. Tyra-Lukens asked if the sign waiver request 'is for more signage than was granted by variance. Franzen replied Target is allowed to have a 300-square=foot sign on each outside wall. Target is requesting signs on three sides and so they are asking to transfer the amount that would have been on the fourth side to the other sides. Mayor Harris asked if anyone wished to address the Council. No one did. MOTION: Tyra-Lukens moved, seconded by Case, to close the public hearing and adopt Resolution No. 2000-55 for PUD Concept Amendment on 87.13 acres; and approve 1St Reading of the Ordinance for PUD District Review with waivers and Zoning amendment within the C-Reg-Ser Zoning District on 8 acres; and adopt Resolution No. 2000-55 for Preliminary Plat on 57 acres into 2 lots; and direct Staff to prepare a Developer's Agreement incorporating Commission and Staff recommendations; and direct Staff to issue a land alteration permit and footings and foundation permit to Dayton Hudson Corporation to proceed with construction at their own risk. Motion carried 5-0. Mayor Harris called a recess at 8:10 p.m. The meeting resumed at 8:25 p.m. F. PERKINS SUBDIVISION by James Perkins to amend that certain Developer's Agreement entered into on or about August 3, 1999 between the City of Eden Prairie and James and Raynelle Perkins with respect to Bryant Lake Heights. The request would amend Exhibit C, paragraph XIII of the Developer's Agreement by allowing issuance of a building permit for Lot 3, Block 1, Bryant Lake Heights and construction of a driveway across Lot 1, Block 1, to Lot 2, Block 1, Bryant Lake Heights without removal of all structures on Lot 2,Block 1. Enger said official notice of this public hearing was published on March 9, 2000, in the Eden Prairie News and sent to 18 property owners. Franzen said the City Council approved the 1999 plan, and a Developer's Agreement was entered into between the City of Eden Prairie and James and /Q CITY COUNCIL MINUTES March 21,2000 Page 11 Raynelle Perkins. It included removal of the existing houses and new houses would meet the shoreline setback. New drain fields would be farther away from the lake than the current location. James Perkins, 7014 Eden Prairie Road, requested to amend Exhibit C,paragraph XIII of the Developer's Agreement, in order to allow the house on Lot 2 to stand and not be demolished, as the buyer of Lot 2 would like to live in it. He made arrangements to sell the property to a developer. However, because of pending lawsuits against the City, the developer decided not to purchase it. He found another buyer in July 1999; however he backed out when new lawsuits were filed and Perkins could not guarantee what the City would do. At the same time Nathan Bergeland showed an interest in the property. He wanted to build on Lot 3 and sell Lots 1 and 2. However, in August Mr. Bergeland said he would buy Lot 2 and signed an agreement on August 24. The deal was closed September 29. Mr. Bergeland decided he liked the house on Lot 2, and wanted to live there. He said he did not understand that the old house was subject to being demolished and had not seen the Developer's Agreement. Perkins discussed this with Ric Rosow in January and was told the house would have to be torn down. Mr. Bergeland has asked if the agreement can be amended so that he can live in the house. However,he was not able to be present at this meeting. Case asked Rosow if it is possible for someone to purchase a house in ignorance of a Developer's Agreement and still be held accountable for the conditions in the agreement. Rosow said yes it is possible to complete the purchase without knowing about the Developer's Agreement because the City has a policy not to file the Developer's Agreement against the title, so the City relies on the developer to tell the homeowner that something is required by the City. In terms of accountability, if the owner of the lot made the purchase without knowledge of the agreement, the City would not be in a position to enforce the terms of the agreement against that buyer. By virtue of Council adopting the final plat and by virtue of City ordinances, the structure on Lot 2 becomes a non-conforming structure. The purchaser is deemed to know the law and is deemed to know the structure is non-conforming. The structure cannot be enlarged or altered. Nothing can be done, other than normal repair and upkeep. No building permit may be issued on any of the three lots until all structures are removed. If Mr. Perkins wants to build a house on Lot 3, he has to wait until the structures on the other lots are removed before he is entitled to a building permit. This is in the Developer's Agreement, which is a contract signed by Mr. Perkins and is enforceable. The City cannot force the owner of Lot 2 to tear down the structure, however,based on the Developer's Agreement. Mayor Hams asked if access to the property is an issue. Rosow replied that is an issue for the owner of Lot 2, because the approved plat assumes access would be built across the northerly portion of Lot 1 down to Lot 2, so a permit to build cannot be issued until the buildings are torn down. Current access is across Lot 3, owned by Mr.Perkins, and it would be up to Mr. Perkins to allow access to Lot 2. CITY COUNCIL M NUTES March 21,2000 Page 12 Butcher asked if it is standard practice for cities not to file Developer's Agreements with the titles. Rosow said the reason communities decide not to file them is because it clutters up the title to the property with a lot of restrictions and conditions which become meaningless after the agreement has been fulfilled, so there would be a continual series of people asking Council to remove the conditions in the Developer's Agreements. That is the reason the decision was made many years ago by Eden Prairie not to file them with the title. Case asked if the house wouldn't eventually be torn down anyway if it cannot be altered or septic systems replaced. Rosow said the current property owner asked the City inspector to examine the condition of the house. Based on the report Rosow received it appears that the property is in a somewhat run-down condition and in need of major repairs. Under State law, the owner cannot make major repairs to a non-conforming house. Eventually the structure, out of economic necessity, would likely be removed and a new structure built, according to the plans approved by Council. However, the variance request for the setback, approved by Council, expires in July 2000. After that, if a permit is not requested to put up a structure at the.variance setback. After that it would have to be built at the standard setback. Then another request would have to be made. Tyra-Lukens understood that at the time new owner closed on the house they would have seen the plat showing the new house location. Rosow said the plat would not have shown building pads for the new house,just lot lines. The buyer would have had the opportunity to see the recorded plat and find out about the variances, etc. The owner is charged with having that information whether he asked about it or not. Mayor Harris asked if anyone wished to address the Council. Dick Seidenstricker, 7221 Willow Creek Road, encouraged the Council to reject the request to amend the Developer's Agreement. In it, the Council gave Mr. Perkins everything he needed to subdivide his property, and all he had to do was to comply with it. In November, he attempted to begin grading without a permit. In December, several neighbors met in Council Forum with the Council and City Staff regarding Mr. Perkins disregard for the Developer's Agreement. At that time the neighbors were assured- by the City that the agreement would be enforced. Seidenstricker requested that Council make Perkins comply with the commitments as outlined in the agreement by rejecting his request. Stuart Nolan, 7020 Willow Creek Road, said he met with Nate Bergeland, who said he never heard about the Developer's Agreement until well after he bought the property. Mr.Bergeland said he discussed his remodeling plans with Perkins. MOTION: Thorfinnson moved, seconded by Case, to close the public hearing. Motion carried 5-0. CITY COUNCIL AWffJTES March 21,2000 Page 13 Butcher said she could not support this amendment request because of the reasons she voted to approve the plan for this project in 1999. One reason was to get rid of the structures standing on these lots because it would benefit all the residents to have a view of the shoreland. Case said four of the eight reasons the Council voted for this plan in 1999 would be negated if the request to amend the agreement were approved. Tyra-Lukens said she was not in favor of this proposal the first time it was presented. It is the responsibility of anyone selling anything to make clear to the buyer what they are selling. It would be a bad policy to approve the request. Thorfmnson said his personal integrity has been questioned throughout this process. The only one whose integrity should be questioned is Mr. Perkins. Thorfmnson said he did not intend to support the request. Mayor Harris said she recalled in 1989 she voted with the majority. The plan presented at that time was never implemented. The 1999 plan was much better and that fact made her feel very good about voting with the majority in the 3-2 vote. This amendment request is a retreat from that plan and she would not feel good about amending it. James Perkins said he did not.intend to embarrass anyone on the Council. Mr. Bergeland told him he was only planning to make some decorative changes to the house. MOTION: Butcher moved, seconded by Thorfmnson, to deny the Amendment to the Developer's Agreement for the Perkins Subdivision. Motion carried 5-0. G. 2000 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING (CDBG) RECOMMENDATIONS (Resolution No. 2000-57) Official notice of this public hearing was published on March 9, 2000 in the Eden Prairie News. Uram said the list of organizations was reviewed and recommended by the new Human Services Committee. The committee considered priorities established by Hennepin County in developing their recommendations, which is based on requests received. The entitlement is $244,369, and will be available beginning in July 2000. Mayor Harris asked if anyone wished to address the Council. Mark Matsovsky, a member of the Board of Directors of the Community Action Agency for Suburban Hennepin County, expressed thanks for their allocation and will continue to provide services in the suburban Hennepin County area. 13 CITY COUNCIL MINUTES March 21,2000 Page 14 Laurie Possin, of the Greater Minneapolis Day Care Association, expressed thanks for support of this program. Ron Block, of the HOME program, thanked the Council for its continued support. MOTION: Thorfinnson moved, Butcher seconded, to close the public hearing and to adopt Resolution No. 2000-57 approving CDBG funding for the following list of activities as reviewed and recommended by the new Human Services Committee at their February 14 meeting. Human Services Level Priority 1. Greater MPLS Day Care Association(Day Care Subsidy) $25,000 High 2. Household& Outside Maintenance for Elderly(HOME) $ 10,067 High 3. Homeline&Mortgage Foreclosure Prevention Program 4,000 High Subtotal $ 39,067 Housing Level Priority 4. Housing Rehabilitation Deferred Loan Program $ 50,000 High 5. Affordable Rental Housing Land Acquisition $155,302 High Subtotal $205,302 Grand Total $244,369 Motion carried 5-0. VIII. PAYMENT OF CLAIMS MOTION: Tyra-Lukens moved, seconded by Thorfmnson, to approve Payment of Claims as submitted. Motion was approved on a roll call vote, with Butcher, Case, Thorfinnson,Tyra-Lukens and Harris voting"aye." IX. ORDINANCES AND RESOLUTIONS A. FIRST READING OF AN ORDINANCE TO AMEND CITY CODE CHAPTERS 2, 11 AND 12 This ordinance allows for conforming changes to be made in the City Code relating to recent Code changes to Boards and Commissions, repeals Section 11.66 relating to Family Care Homes and repeals Section 12.03 as a result of a previous amendment to the Planned Unit Development size. MOTION: Tyra-Luken moved, seconded by Case, to approve the lst Reading of an Ordinance amending the City Code by repealing Sections 11.66 and 12.03; amending Sections 2.29, 11.50 and 11.70, and provide for conforming changes throughout the City Code relating to Sections 2.22, 2.23, 2.24, 2.25, 2.26, 2.27, and 2.28. Motion carried 5-0. 11-( CITY COUNCIL MINUTES March 21,2000 Page 15 B. RESOLUTION NO. 2000-58 REQUESTING CARVER AND HENNEPIN COUNTIES ADOPT AND IMPLEMENT A SCHEDULE FOR UPGRADING TH 101 Enger said no consensus has been reached on a preferred design alternative for the upgrade of TH 101. This resolution prescribes a process to select an alternate and schedule the project for construction in 2002. Mayor Harris said it is important to move this forward. MOTION: Case moved, seconded by Thorfinnson, to approve Resolution No 2000-58 requesting Carver and Hennepin Counties to adopt and implement a schedule for upgrading TH 101. Motion carried 5-0. X. PETITIONS,REQUESTS AND COMMUNICATIONS XI. REPORTS OF ADVISORY BOARDS & COMMISSIONS XII. APPOINTMENTS A. BOARDS AND COMMISSIONS 1. Appointments to the Human Rights and Diversity Citizen Advisory Commission and the Park and Recreation Citizen Advisory Commission Enger said, as part of the City's 1999 restructuring of Boards and Commissions, members of former Commissions who had terms that expired 3/31/01 were asked to serve the balance of their term in a new assignment. Formal appointment by the Council is required. 2. Change in Kim Teaver Term Enger said appointment of a Citizen Advisory Commission member to the Community Program Board is based on their responsibility as Chair of their respective Commission. Under the revised City Code, the City Council appoints Chairs and Vice Chairs on an annual basis. As a result, appointments of Citizen Advisory Commission members to the Community Program Board will be made each year for one-year terms. Multiple one-year terms may be served as long as the Commission member remains Chair of their Citizen Advisory Commission. Members- at-large may be appointed to multi-year terms. MOTION: Case moved, seconded by Thorfinnson, to appoint to the Human Rights and Diversity Citizen Advisory Commission Harry Moran and Darryl Stanton— Terms to Expire 3/31/2001; and to appoint to the Park and Recreation 15 CITY COUNCIL MINUTES March 21,2000 Page 16 Citizen Advisory Commission Don Jacobson and Susan Dickman — Terms to Expire 3/31/2001; and to amend appointment of Kim Teaver to the Community Program Board from a term expiring 3/31/2003 to a term expiring 3/31/2001. Motion carried 5-0. B. CHAIRS AND VICE CHAIRS TO BOARDS AND COMMISSIONS Enger said all candidates for Chair and Vice Chair have been contacted. All have agreed to serve as recommended by the Council, with the exception of the Board of Appeals. Bill Ford prefers to Vice Chair; he supports the current Vice Chair, Cliff Dunham, as Chair. Cliff Dunham has agreed to Chair the Board of Appeals if the-Council wishes to so appoint. MOTION: Butcher moved, seconded by Tyra-Lukens, to appoint Franz Corneille, Chair, and Ray Stoelting, Vice Chair, of the Community Planning Board; to appoint Cliff Dunham, Chair, and Bill Ford, Vice Chair, of the Board of Appeals and Adjustments; to appoint Jan Mosman, Chair, and Lori Peterson- Benike, Vice Chair, of the Heritage Preservation Commission; to appoint Kim Teaver, Chair, and Don Jacobson, Vice Chair, of the Park and Recreation Citizen Advisory Commission; to appoint Harry Moran, Chair, and Philip Young, Vice Chair, of the Human Rights and Diversity Citizen Advisory Commission; to appoint Muna Yasiri, Chair, and Mary Cofer, Vice Chair, of the Community Program Board; and to appoint Patricia Pidcock, Chair, and Mike Best, Vice Chair, of the Board of Review. Motion carried 5-0. XIII. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Councilmember Thorfinnson's Report on Congressional Cities Conference Thorfinnson presented an update as a result of his trip to the above conference regarding pending legislation. There were two items the League of Minnesota Cities was interested in. One would impose massive preemption to local authority regarding land use. The cities are opposed to this and the Minnesota delegation was asked to carry this message forward to congressmen and senators. Another issue under discussion was the Takings and Religious Liberty Protection Act. Churches would not have to conform to local codes because of the separation of church and state. This would allow the church to completely ignore building standards set by the city. It could operate a childcare that did not have to conform to local standards. Both issues have significant implications regarding cities' control of development. 16 CITY COUNCIL MINUTES March 21,2000 Page 17 The third issue involved taxation of electronic commerce (e-commerce). It does have significant implications for the State of Minnesota regarding sales tax equity over the Internet. Minnesota representatives felt Internet commerce should be taxed because local business people have a competitive disadvantage. There seems to be a lot of impetus that would lead to some type of taxation. The question of who gets taxed and who gets revenue is to be decided. The.issue of more interest to Eden Prairie is that the delegates spent two days meeting with congressmen and senators in Washington with regard to obtaining federal funding of the I-494 corridor to enhance Minnesota funds. Congressmen Oberstar, Sabo and Minge have strong interest. The delegation had a good response from Senators Gram and Wellstone to try to get additional funds. They received an agreement from Congressman Ramstad to pursue a two-track approach to get funds for the interchange of I-35W and I-494. He will try to get additional funding earmarked for the design work on the interchange, so it could be constructed should the money become available. If Ramstad is successful, additional funding should be coming in the next 12-18 months. B. REPORT OF CITY MANAGER 1. Set Date of Boards and Commissions Recognition Dinner Enger said he was not prepared to set the date because he is waiting to hear from a potential speaker. Two possible dates are May 18 or May 25. Councilmembers said both dates are acceptable. 2. Set Date of Joint City Council and School Board Meeting Enger has contacted the School District staff who checked with the School Board on several dates for a joint meeting with the Council. They suggested Mondays and Thursdays in April and May. The following dates were acceptable to most Councilmembers: Thursday, April 20, Monday, May 8 and Thursday,May 11. 3. Cancellation of Apri14,2000, City Council Meeting Enger said, because of a conflict in the schedules of Councilmembers, he suggested the April 4 City Council meeting be canceled. This would also cancel the Workshop on technology scheduled for April 4. It will be rescheduled for May 16. C. REPORT OF PARKS AND RECREATION SERVICES DIRECTOR CITY COUNCIL MINUTES March 21,2000 Page 18 A REPORT OF COMMUNITY DEVELOPMENT AND FINANCIAL SERVICES DIRECTOR E. REPORT OF PUBLIC WORKS SERVICES DIRECTOR F. REPORT OF PUBLIC SAFETY SERVICES DIRECTOR G. REPORT OF MANAGEMENT SERVICES DIRECTOR H. REPORT OF CITY ATTORNEY XIV. OTHER BUSINESS A. COUNCIL FORUM INVITATION B. CITY MANAGER EVALUATION (CLOSED SESSION, Mayor Harris said a team of Councilmembers Thorfimison and Tyra-Lukens has been involved recently in the evaluation of the City Manager: This process includes two areas of evaluation. One is a 360-degree leadership evaluation and the second element is evaluation of performance objectives. The City Manager also prepares a list of accomplishments for review and evaluation. Mayor Harris said the Council would go into a closed session to review the evaluations, and the results will be presented at the April 18 City Council meeting. XV. ADJOURNMENT MOTION: Thorfinnson moved, seconded by Tyra-Lukens, to adjourn the general Council meeting and go into a closed session to read and discuss the City Manager's performance evaluation. Mayor Harris adjourned the meeting at 9:33 p.m. UNAPPROVED MINUTES EDEN PRAIRIE, CITY COUNCIL THURSDAY, MARCH 30, 2000 7:00 P.M., CITY CENTER Prairie Rooms A&B 8080 Mitchell Road CITY COUNCIL: Acting Mayor Nancy Tyra-Lukens; Councilmembers Sherry Butcher,Ronald Case,Ross Thorfinnson,Jr. CITY STAFF: Council Recorder Carol Pelzel I. CALL MEETING TO ORDER—ACTING MAYOR TYRA-LUKENS Acting Mayor Tyra-Lukens called the meeting to order at 7:00 p.m. II. APPROVAL OF AGENDA MOTION: Case moved, Butcher seconded,to approve the Agenda as published. Motion carried 3-0. III. CONSENT CALENDAR A. SET JOINT CITY COUNCIL/SCHOOL BOARD MEETING, April 20, 2000, 7:00 p.m. to 9:00 p.m., City Center,Heritage Room H. MOTION: Case moved, Butcher seconded, to approve the consent calendar as presented. Motion carried 3-0. IV. PUBLIC HEARINGS/MEETINGS A. AOL TIME WARNER MERGER Transfer control of KBL Cablesystems of the Southwest, Inc., the cable television franchisee, resulting from the mergers of Subsidiaries of Time Warner, Inc., and America Online, Inc., into AOL Time Warner, Inc. Acting Mayor Tyra-Lukens opened the public hearing. Mr. Brian T. Grogan of the law firm Moss & Barnett explained that he was retained by the City of Eden Prairie to prepare a report for the City regarding the proposed transfer of control of the City's cable television franchisee to AOL Time Warner, Inc. Mr. Grogan further explained that the public hearing being held this evening is intended to allow the public or interested parties to make comments on the proposal by Time Warner to transfer control of the cable system to a higher level than the CITY COUNCIL XHNUTES March 30,2000 Page 2 current operator. The merger does not involve the sale or transfer of the cable system operated by KBL Cablesystems of the Southwest but is a transfer of control. Mr. Grogan stated that Time Warner proposes to merge with AOL to form a new company called AOL Time Warner, Inc. State law requires that any transfer of control requires approval by the City. The Southwest Suburban Cable Commission is charged with the oversight of customer service issues, however, transfers or sale of a franchise is the decision of the City Council. Mr. Grogan explained that he did review the legal, technical and financial qualifications of the company that will exist at post closing. The analysis was pretty straightforward and Mr. Grogan indicated that Time Warner essentially stays in tact. Mr. Grogan pointed out that the main issue of-concern is what the merger will mean to the subscribers. With the merger of TWI and AOL, AOL Time Warner would gain its own Internet service provider affiliate in which to provide TWI subscribers high- speed Internet access, that being AOL. The proposed transfer of control poses the question of whether AOL Time Warner will allow open access to its cable modems for use of its system. Intending to provide more competition and choice for subscribers, some local franchising authorities have taken an aggressive approach by conditioning franchise renewals or transfers on open access requirements. Case asked why they should be concerned that Time Warner would offer open access when other media types such as the telephone are available. Mr. Grogan responded that this delivery mechanism is far superior to the regular telephone service. It is high-speed data over a cable modem that can provide a subscriber fifty times faster service. (Councilmember Thorfinnson arrived at 7:10.p.m. during discussion of this item.) Mr. Grogan explained the way in which they addressed the issue of open access in this agreement. They are currently not requiring that the Franchisee maintain open access, however, language has been added to the resolution which states that the City reserves the right to impose open access requirements. Mr. Grogan reported that based on the information made available to them at the time of this review, the Franchisee, as controlled by AOL Time Warner, will possess the necessary, legal, technical and financial qualifications based on the standards of review identified in applicable law and the Franchise as described in the report. Nothing in this transaction will affect the local operation and their technical ability. Mr. Grogan explained that the only issue outstanding is the issue of reimbursement of costs for the review of this merger. The parties involved are very near an agreement in determining the costs and how much AOL Time Warner will pay. Mr. Grogan recommended that after receiving public testimony the City Council close the public hearing and take no action on the transfer at this meeting but consider the resolution at the next City Council meeting. This would allow them time to resolve the reimbursement issue. There were no citizens present. CITY COUNCIL MINUTES March 30,2000 Page 3 MOTION: Case moved, seconded by Butcher, to close the public hearing. Motion carried 4-0. Butcher said she was pleased to see that the Council is reserving the right for open access. Mr. Grogan said he has met with another company who is proposing to come into the City and build a second cable system to provide cable television and high speed data access. There has also been discussion about another company coming into the City and doing the exact same thing. These additional companies may eliminate the need for open access. In response to a question from Case, Mr. Grogan explained that under State law, each city would have to review the reports of both companies to determine whether or not they would be qualified to construct such a system in their city. Lance Leupold, representative from Time Warner Cable, explained that the hope of AOL Time Warner is that the market will ultimately decide how the different technologies will work together. The Internet service provider would be developed on the base of its merits and not on protection or regulation. They hope to advance better products and better sites. The technology would allow a subscriber to hook up to another Internet service provider and hopefully not slow things down too much. Basically, the marketplace will decide what type of Internet service will be provided. Mr. Leupold said they appreciate the City's willingness to wait and see what the marketplace does rather than requiring them to provide open access at this time. No formal action was taken on the proposed transfer of control of the cable television franchise. The City Council did agree that the resolution approving the transfer of control of KBL Cablesystems of the Southwest, Inc. should be considered at the Council's April 18 meeting. V. PAYMENT OF CLAIMS MOTION: Case moved, seconded by Thorfinnson, to approve Payment of Claims as submitted. Motion was approved on a roll call, with Acting Mayor Tyra-Lukens, Butcher, Case and Thorfinnson voting"aye". VI. ADJOURNMENT The meeting was adjourned by Acting-Mayor Tyra-Lukens at 7:35 p.m. —ITY COUNCIL AGENDA DATE: January 18, 2000 SECTION: Reports of Director Parks and Recreation Services SERVICE AREA/DIVISION: ITEM DESCRIPTION: Round Lake Water ITEM NO: Parks and Recreation - i.,, Quality Robert A. Lambert Director Requested Action Move to: Accept the recommendations listed on pages three and four'of this report, and direct staff to develop a plan and cost estimates for installation of a water curtain, beach fencing and other improvements necessary to provide a clean, safe swimming area at Round Lake. Synopsis In 1999, Barr Engineering submitted a report to the City regarding recommendations for improving water quality in Round Lake. The study recommended projects costing nearly one million dollars. The City Council requested staff to meet with other governmental agencies charged with water quality improvement and to submit a report offering options to addressing water quality improvement for Round Lake. This report summarizes the Barr Report and discussions with staff from Hennepin Parks, the DNR and the PCA. This report also provides recommendations for less costly measures to address the immediate water quality concerns for the Round Lake swimming beach. Background The purpose of the Round Lake Use Attainability Analysis was to provide an assessment of the water quality of Round Lake, analyze the problems and provide alternative remedial measures that would result in the attainment of water quality sufficient to continue swimming, fishing, boating, etc. This study established water quality goals for Round Lake and quantified the status the of lake in relation to those goals using a standardized lake rating system termed the Carlson's Trophic State Index(TSI). The goals for Round Lake included: 1. A recreation goal that would fully support swimming and support a sport fishery that included a balance of predator fish(northern pike and bass) and planktivores (bluegills). 2. The water quality goal is to obtain and maintain full support of swimming and fishing. This would require a trophic state index(TSI)of 53 or more. City Council Agenda -1/18/2000 Round Lake Water Quality Page 2 3. The aquatic communities' goal is to fully support fishing according to the Minnesota Department of Natural Resources"ecological use classification." 4. The water quantity goal is to manage surface water runoff from a regional flood, the critical 100 year frequency storm event. 5. The wildlife goal for the lake is to protect existing, beneficial wildlife use. This wildlife goal has been achieved; but the current wildlife use of the lake is impeding the achievement of the lake's recreation, water quality and aquatic community goals. There is substantial use of Round Lake by waterfowl;particularly geese. Historic Water Quality Trends The study analyzed water quality from 1972 through 1997 and indicated a significant degradation of the lake's water quality. During that time, the Secchi disc transparency declined from 3.2 meters in 1972 to 1.5 meters in 1997. The results of the trend analysis indicate a continued decline in Round Lake quality can be expected to occur unless management practices to stop the decline are identified and implemented. A comparison of the baseline and current data indicates total phosphorus concentrations (summer averages) had increased by approximately 50% and chlorophyll a concentrations have increased by approximately 70%, while Secchi disc transparencies have decreased by more than 50%. Current Water Quality The current water quality of Round Lake is poor and recreational activities are impaired by summer algae blooms. The 1997 total phosphorous concentration data indicates the lake was eutrophic (poor water quality)during early summer and hypereutrophic (very poor water quality) during the middle and late summer. The 1997 chlorophyll a concentration measurements were in the mesotrophic (good water quality) category in the early summer, but were in the eutrophic to hypereutrophic categories during the remaining portion of the summer. The 1997 Secchi disc transparency measurements were in the mesotrophic category during the early summer and in the eutrophic category during the remainder of the summer. The data indicates that minimal recreational use impairment occurs during the early summer, but moderate to severe recreational use impairment (primarily swimming) occurs during the remaining portion of the summer. Watershed Runoff Pollution The 444-acre watershed for Round Lake is fully developed and consists primarily of single family residential, grassland and public sector (Eden Prairie High School) land uses plus roads. The major concern that must be addressed to improve the water quality in Round Lake is to reduce phosphorous loading to the 32-acre lake. The average rate of phosphorous loading is five pounds of phosphorous per acre of lake per year, which is excessive and causes water quality problems. Recommended Lake and Watershed Management Practices The study recommended seven major steps to improve water quality in Round Lake: City Council Agenda -1/1812000 Round Lake water Quality Page 3 1. Upgrade existing runoff detention ponds. 2. Add new runoff detention pond. 3. Chemical treatment of watershed runoff (treated with alum to reduce its phosphorous content). 4. Lake alum treatment. 5. Fisheries management (initiate a bluegill feeding program with the installation of feeders). 6. Aquatic weed management (treat with a herbicide"Reward.") 7. Canada geese management. Review of the Report with Other Governmental Agencies City staff have discussed the Barr Engineering Report with a number of limnologists and environmental staff from other governmental agencies. The general consensus of other staff is that the Barr recommendations include proposing the City take a very aggressive approach and utilize all of the existing technology to improve Round Lake to desired standards in the shortest amount of time possible. While other governmental officials don't deny that all of the recommendations proposed in the Barr report would more than likely have a relatively immediate and significant impact on the water quality of Round Lake, they do caution the City that the cost to implement all of these recommendations would be extremely high and the ongoing costs would be significant. All of the individuals City staff consulted recommended a less aggressive, less costly approach to addressing Round Lake's problem. The representative from the Pollution-Control Agency (PCA) indicated that the Clean Waters Act will not require any specific goals to be met in the short term and will probably require the appropriate governmental agencies to have a plan within ten years to indicate how they will meet the EPA standards. The PCA is more supportive of less aggressive technology than alum treatment systems that require high initial costs and ongoing operating costs. They are more supportive of cities adopting specific street sweeping policies and strong ordinances that restrict the use of phosphates in fertilizers. One of the individuals contacted suggested that the most productive step the City could take would be to pass an ordinance similar to the Plymouth ordinance restricting the use of phosphates in fertilizers and commit an annual budget toward educating the public as to why they don't need to pay for phosphates in fertilizers and to restrict the sale of fertilizers with phosphates within the community. If it is inconvenient to purchase fertilizers with phosphates,the use of phosphates would dramatically be decreased. RECOMMENDATIONS: City staff recommend the City Council consider the following recommendations: 1. Request the citizens committee that will be responsible for developing the Water Management Plan for the City to evaluate the Barr Report on Round Lake and to establish water quality goals for Round Lake and the best management practices to achieve those goals. City Council Agenda -1/18/2000 Round Lake Water Quality Page 4 2. Staffrecommend shortening the swimming season at Round Lake beach for the summer of 2000 to June 15th through August 1'. Recent water quality records indicate that beyond that time the water quality has diminished to the point that A is marginal for swimming and the County Health Department has generally shut down the beach due to coliform count caused by geese that are beginning to join large flocks after gaining their flight wings. 3. Staff is recommending the City obtain a permit to relocate geese that are nesting within Round Lake Park each year to reduce the negative impact on the swimming beach. 4. All indications are that significant improvement to the water quality in Round Lake will take many years. The water quality in Round Lake now is marginal for swimming. Staff would recommend the Council either eliminate swimming at Round Lake after the summer of 2000 or consider steps that would have to be taken to maintain swimming until the water quality in Round Lake is significantly improved. Those steps would include the following: A. Installation of a"beach curtain." B. Installation of a four foot high chain link fence around the sand beach area (to keep geese out of the designated sand bathing area. This would be done with the assistance of a dog.) C. Installation of a bubbler system within the swimming area (connected to the existing aeration system) to discourage geese in the swimming area after beach hours. D. Installation of the necessary connections to the City's existing well at Round Lake Park to augment fresh water behind the curtain to ensure high water quality within the swimming area. E. Advertise for construction of the storage building adjacent to the Round Lake marina for construction during the summer of 2000. This facility was proposed for funding in 1999 in the Cash Park Fund. CONSIDERATIONS: Staff would support the steps necessary to maintain swimming at Round Lake beach. The City has invested a great deal of money in Round Lake and Round Lake Park and believe swimming facilities along with the new playground equipment, the marina, and the other recreational facilities at Round Lake Park make this park truly unique. Staff also believe that by maintaining swimming at Round Lake, citizens will continue to be aware of the need to continue improving the water quality at Round Lake and will support City efforts to improve water quality in all of our lakes. BL:mdd HALambert2000\Rouud Lake water Quality Memo AGENDA HOUSING AND REDEVELOPMENT AUTHORITY TUESDAY,APRIL 18,2000 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road HRA MEMBERS: Mayor Jean Harris, Sherry Butcher,Ronald Case,Ross Thorfinnson, Jr.,Nancy Tyra-Lukens STAFF: City Manager Chris Enger,Parks &Recreation Services Director Bob Lambert,Public Safety Director Jim Clark, Public Works Services Director Eugene Dietz, Community Development and Financial Services Director Don Uram,Management Services Director Natalie Swaggert, City Attorney Roger Pauly and Council Recorder Peggy Rasmussen I. ROLL CALUCALL THE HOUSING AND REDEVELOPMENT AUTHORITY MEETING TO ORDER II. APPROVE THE FOURTH AMENDMENT TO THE OFFICE LEASE BETWEEN THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE AND C.H.ROBINSON COMPANY III. ADJOURNMENT FOURTH AMENDMENT TO OFFICE LEASE THIS FOURTH AMENDMENT TO OFFICE LEASE (herein referred to as this "Fourth Amendment") is made as of the 15`f'day of February, 2000,by and between the HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE,a public body corporate and politic of the State of Minnesota(herein referred to as either"HRA"or"Landlord"), and C.H. ROBINSON COMPANY, a Delaware corporation (herein referred to as "CHR" or "Tenant"). RECITALS: A. In 1989, CHR entered into a certain Office Lease (the "Original Lease") dated as of October 16, 1989,by and between Technology Park Associates of Eden Prairie, Ltd.,a Minnesota Limited Partnership("TPA"), as landlord,and CHR,as tenant,a Memorandum of which was filed in the records of the Hennepin County Recorder as Document No. 5593937,whereby CHR leased a portion of a building located at 8100 Mitchell Road,Eden Prairie,Minnesota,on land(the"Land") located irf Hennepin County,Minnesota, legally described as follows, to wit: That part of the East%of the North East 1/4 of Section 16,Township 116,Range 22;West of the 5'Principal Meridian,lying Southerly of a line drawn from a point on the East line of the North East 1/4 of said section which is distant 1106.50 feet North along said East line from the South East corner of said North"East 1/4 to a point on the West line of the East Y2 of the said North East 1/4 which is distant 953.5 feet North along said West line from the South West corner of said East Y2. B. In 1991,Norwest Bank Minnesota,National Association,a national banking association ("Nor w* est") succeeded to TPA's landlord's interest under the Original Lease and subsequently entered into that certain Settlement Agreement dated as of April 26, 1991,by and between Norwest and CHR(the"First Amendment"). C. On or about January 21, 1993,Norwest sold,transferred and assigned all of its right,title and interest in the Land to the HRA. D. On or about January 21, 1993, the HRA and CHR entered into a certain Second Amendment to Office Lease (the "Second Amendment") which amended the Original Lease as amended by the First Amendment. E. On or about May 11, 1995,the HRA and CHR entered into a certain Third Amendment to Office Lease (the"Third Amendment") which amended the Original Lease as amended by the First Amendment and the Second Amendment. E. Pursuant to paragraph 3.3 of the Original Lease as amended by the Second Amendment, the Tenant has one option to extend the Lease for a period of five years provided(a)the Tenant shall give notice to the Landlord of its desire for a determination of Fair Market Base Rent at least 18 months prior to the expiration of the current Term;(b)Tenant exercises the option not later than the latter of the date 30 days after such Base Rent determination is finally made or the date 12 months prior to the expiration of the current term;(c)Tenant shall not be in default under this Lease beyond any applicable cure period as of the date Tenant exercises its option and as of the first day of the Extended Term; and(d)this Lease shall not have terminated for any reason as of the first day of the Extended Term. F. On or about January 8, 1998, CHR gave notice to the HRA that it was exercising its option referred to above. G. CHR and HRA have by letter dated on or about September 18, 1998 agreed to the Fair Market Base Rent and other matters pertaining to this Lease. NOW,THEREFORE,in consideration ofthe premises,the mutual covenants and agreements hereinafter set forth, and other good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree to amend the Lease as follows: I. BASE RENT DURING EXTENDED TERM CHR and HRA acknowledge that the Base Rent for the Extended Term determined pursuant to paragraph 8.3.1 shall be$10.02 per square foot on 67,333 square feet,less a$400,000.00 discount to be applied evenly over the five years of the Extended Term. CHR and HRA acknowledge that pursuant to paragraph 8.3.2 of the Lease,the Additional Rent Stop referred to in paragraph 9,page 5, of the Original Lease shall not be in effect during the Extended Term. II. CAFETERIA. Paragraph 12.4 of the Original Lease is hereby deleted and the.HRA shall have no further obligation to operate or cause to be operated a cafeteria anywhere in the building. III. REAL ESTATE TAXES Notwithstanding the provisions of Article 11 of the Original Lease, and in particular the definition of "Tenant's Share" in Section 11.1 and the provisions of Section 11.4, during the Extended Term Tenant shall pay one hundred percent (100%) of the real estate taxes, levies and charges imposed or levied against the Land and Building on account of the Exclusive Space. Special assessments leviedagainst the Building and Land shall continue to be subject to the provisions of Section 11.4 -2- IV. EQUIPMENT MAINTENANCE Paragraph 14.3 of the Original Lease is hereby amended by deleting the third sentence thereof in its entirety and inserting the following in its place: Provisions to the contrary contained in this Lease or in the Purchase Agreement notwithstanding, Landlord (not Tenant) shall be responsible for the installation, maintenance,repair,and replacement of all heating,air conditioning,ventilation and other equipment and fixtures required to provide the proper environment for the continuous operation and use of Tenant's computer room;and Tenant(not Landlord) shall be responsible for the installation,maintenance,repair and replacement of the backup generator,fuel storage,automatic switching,and other emergency power and switching equipment and fixtures required to assure uninterrupted power for the operation of said Computer Room by Tenant. V. MISCELLANEOUS A. All of the terms and conditions of the Lease, except as herein modified,shall remain in full force and effect. B. This Fourth Amendment, the Third Amendment, the Second Amendment, the First Amendment, the Original Lease,'and the 8100.Mitchell Road, Eden Prairie, Minnesota Building Rules and Regulations represent the full and complete agreement of the parties in connection with the matters described herein. C. The captions and headings of the various Articles and Sections of this Fourth Amendment,and the provisions hereof which explain the need for various amendments to the Lease, are for convenience only, and are not to be construed as confining or limiting in any way the scope or intent of the actual Amendments to the Lease. D. Should any provision of this Fourth Amendment require judicial interpretation, it is agreed that the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be construed more strictly against the party who itself or through its agent prepared the same, it being agreed that the agents of all parties have participated in the preparation hereof. E. Whenever a party is referred to, such reference shall be deemed to include and apply to the successors and assigns of such party, and all terms and conditions hereof shall be binding upon and inure to the benefit of Landlord, its successors and assigns, and Tenant, its successors and assigns. -3- F. This Fourth Amendment maybe executed in any number of counterparts,each of which shall be deemed an original,but all of which together shall constitute but one instrument. IN WITNESS WHEREOF, the parties hereto have caused this Fourth Amendment to be executed as of the date first above written. LANDLORD: HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE By Jean L. Harris Its Chairperson TENANT: C.H. ROBINSON COMPANY By Owen Gleason Its Vice President and General Counsel STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2000, by Jean L. Harris, the•Chairperson of the HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE, a public body corporate and politic of the State of Minnesota. Notary Public -4- STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2000,by Owen Gleason,the Vice President and General Counsel of C.H.ROBINSON COMPANY, a Delaware corporation, on behalf of the corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY: Richard F. Rosow, Esq. Lang,Pauly, Gregerson&Rosow,Ltd. 1600 Park Building 650 Third Avenue South Minneapolis, MN 55402-4337 Telephone: (612) 338-075 Ep\CHR LeaseWourth Amendment to Lease.031400 -5- CITY COUNCIL AGENDA DATE: April 18,2000 SECTION: Consent Calendar SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development Clerk's License Application List &Financial Services/ V.A. Gretchen Laven These licenses have been approved by the department heads responsible for the licensed activity. CIGARETTE & TOBACCO PRODUCTS Campiello COMMERCIAL LAWN FERTILIZER APPLICATORS Bobs Lawn&Landscaping Inc Fairway Green Lawn Care Inc Guaranteed Spray Inc The Lawn Ranger Property Upkeep Services of Mtka Inc Talberg Lawn&Landscape Inc Ticen's Pro-Care Inc Truegreen Chemlawn Weed Man RAFFLE International School of MN—Foundation 30-day waiver requested (To be held at the International School of MN on May 6, 2000) LIQUOR Temporary amendment to the Liquor License held by Chevys Fresh Mex for the Cinco de Mayo Celebration to be held May 5, 2000. April 18,2000 - 1 - CITY COUNCIL AGENDA DATE: 4/18/00 SECTION: Consent Agenda ITEM NO.: SERVICE AREA/DIVISION: ITEM DESCRIPTION: Community Development Donald R. Uram Eaton Corporation PUD Krista Flemming Requested Action Move to: • Approve 2nd Reading of the Ordinance for PUD District Review with waivers on 25.37 acres and Zoning Amendment within the I-5 Zoning District on 25.37 acres; and • Adopt the Resolution for Site Plan Review on 25.37 acres; and • Approve the Developer's Agreement for Eaton Corporation PUD Synopsis This request is for the addition of 26 parking spaces, 77 proof of parking spaces, and waivers for 90% office in the I-5 zoning district and a zero lot line setback to parking located at 14165 Lone Oak Road. Attachments 1. Ordinance for PUD District Review and Zoning Amendment 2. Resolution for Site Plan Review 3. Developer's Agreement EATON CORPORATION PUD CITY OF EDEN Pit RUE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 10-2000-PUD-4-2000 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 I-5 Zoning District 10-2000-PUD-4-2000 (hereinafter "PUD-4-2000-I-5"). Section 3. The City Council hereby makes the following findings: A. PUD-4-2000-I-5 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-4-2000-I-5 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-4-2000-I-5 are justified by the design of the development described therein. D. PUD-4-2000-I-5 is of sufficient size, composition, and arrangement that its construction, marketing, and operation is feasible as a complete unit without dependence upon any subsequent unit. Section 4. The proposal is hereby adopted and the land shall be, and hereby is amended within the 1-5 Zoning District and shall be included hereafter in the Planned Unit Development PUD-4-2000-I-5, 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 5. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled a "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 6. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 21"day of March, 2000, 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 18th day of April, 2000. ATTEST: Kathleen A. Porta, City Clerk Jean L.Harris,Mayor PUBLISHED in the Eden Prairie News on EATON CORPORATION PUD CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO. 11-2000-PUD-4-2000 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING THE ZONING OF CERTAIN LAND WITHIN ONE DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99,WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows amendment of the zoning of land located at 14165 Lone Oak Road within the I-5 Zoning District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen A. Porta, City Clerk Jean 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.) I Exhibit A Eaton Corporation Legal Description: Outlot A, Cooperative Power Addition And Lot 1,Block 1, Cooperative Power Addition 5 EATON CORPORATION PUD CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2000- A RESOLUTION GRANTING SITE PLAN APPROVAL FOR EATON CORPORATION PUD BY EATON CORPORATION WHEREAS, Eaton Corporation has applied for Site Plan approval of Eaton Corporation PUD on 25.37 acres for the addition of 26 parking spaces, 77 proof of parking spaces, and a waiver for 90% office in the I-5 zoning district. The project is located at 14165 Lone Oak Road, to be zoned I-5 Industrial on 25.37 acres by an Ordinance approved by the City Council on April 18, 2000; and, WHEREAS, the Planning Commission reviewed said application at a public hearing at its December 13, 1999 meeting, and recommended approval of said site plans; and, WHEREAS, the City Council has reviewed said application at a public hearing at its March 21,2000 meeting; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval be granted to Eaton Corporation the addition of 26 parking spaces, 77 proof of parking spaces, and a waiver for 90% office in the I-5 zoning district, based on plans dated February 25, 2000, between Eaton Corporation, and the City of Eden Prairie. ADOPTED by the City Council on April 18, 2000. Jean L. Harris,Mayor ATTEST: Kathleen A.Porta, City Clerk DEVELOPER'S AGREEMENT EATON CORPORATION PUD THIS AGREEMENT is entered into as of April 18, 2000, by Eaton Corporation, a Minnesota Corporation,hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation,hereinafter referred to as "City": WITNESSETH: WHEREAS, Developer has applied to City for a Planned Unit Development Concept Amendment on 25.37 acres, a Planned Unit Development District Review with waivers on 25.37 acres, a Zoning District Amendment within the I-5 Zoning District on 25.37 acres, and a Site Plan Review on 25.37 acres, legally described on Exhibit A(the"Property"); NOW,THEREFORE,in consideration of the City adopting Resolution No. 2000-46 for a Planned Unit Development Concept Amendment, Ordinance No. for a Planned Unit Development District Review with waivers and Zoning District Amendment within the I-5 Zoning District, and Resolution No. for Site Plan Review, Developer agrees to construct, develop and maintain the Property as follows: 1. PLANS: Developer agrees to develop the Property in conformance with the materials revised and dated February 29,2000,reviewed and approved by the City Council on March 21, 2000, and attached hereto as Exhibit B, subject to such changes and modifications as provided herein. 2. EXHIBIT C: Developer agrees to the terms,covenants, agreements, and conditions set forth in Exhibit C. 3. ACCESS AGREEMENT FOR MAINTENANCE PURPOSES: Prior to issuance of the building permit for the Property, the Developer shall enter into an access agreement for maintenance with City of Eden Prairie, the form of which must be approved by the City Engineer. This Agreement shall address access for maintenance of Lone Oak Road in parking areas and driveways. All of these facilities shall be privately owned and maintained by the Developer or Owner. Prior to the release of a building permit for the Property, Developer shall submit evidence to the City Engineer,that the signed access agreement for maintenance has been filed in the Hennepin County Recorder's/Registrar of Titles' Office. 4. CONSERVATION EASEMENT FOR THE PROTECTION OF THE EXISTING WETLAND AND WETLAND BUFFER STRIP: Prior to issuance of a building permit for the Property,Developer shall submit a Conservation Easement(Exhibit E)for review and written approval by the Environmental Coordinator, for the area delineated on Exhibit B. Prior to the release of a building permit for the Property, Developer shall submit evidence to the Environmental Coordinator,that the approved Conservation Easement has been filed in the Hennepin County Recorder's/Registrar of Titles' Office. 5. DEVELOPER'S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a violation of City Code relating to use of the Land construction thereon or failure to fulfill an obligation imposed upon the Developer pursuant to this Agreement, City need not issue a building or occupancy permit for construction or occupancy on the Land while such a violation is continuing,unless waived by City. The existence of a violation of City Code or the failure to perform or fulfill an obligation required by this Agreement shall be determined solely and conclusively by the City Manager of the City or a designee. 6. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer agrees to release, defend and indemnify City, its elected and appointed officials, employees and agents from and against any and all claims, demands, lawsuits, complaints, loss, costs (including attorneys' fees), damages and injunctions relating to any acts, failures to act, errors, omissions of Developer or Developer's consultants, contractors, subcontractors, suppliers and agents. Developer shall not be released from its responsibilities to release, defend and indemnify because of any inspection,review or approval by City. 7. EASEMENT DEDICATION: Prior to issuance of a building permit for the Property, Developer shall convey to the City a roadway and drainage and utility easement over that portion of the Property as shown on Exhibit F for intersection improvements at Mitchell Road and Technology Drive at no cost to the City. The permanent roadway, drainage and utility easements shall be granted in the form attached hereto as Exhibit G. 8. GRADING,DRAINAGE,AND EROSION CONTROL PLANS: A. FINAL GRADING AND DRAINAGE PLAN: Developer agrees 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 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 other items required by the application for and release of a land alteration permit. All design calculations for storm water quality and quantity together with a drainage area map shall be submitted with the final grading and drainage plan. Prior to issuance of occupancy permit for the Property, Developer shall complete implementation of the approved plan. Developer shall employ the design professional who prepared the final grading plan. The design professional shall monitor construction for conformance to the approved final grading plan and City erosion control policy. The design professional shall provide a final report to the City certifying completion of the grading in conformance the approved final grading plan and City erosion control policy. 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 labeled Exhibit D, attached hereto and made a part hereof. Prior to release of the grading bond, Developer shall complete implementation of the approved plan. 9. PERFORMANCE STANDARDS: Developer agrees that the Property will be operated in a manner meeting all applicable noise,vibration, dust and dirt, smoke, odor and glare laws and regulations. Developer further agrees that the facility upon the Property shall be operated so noise, vibration, dust and dirt, smoke, odor and glare do not go beyond the Property boundary lines. 10. PROOF OF PARKING SPACES: Developer and City acknowledge that the 77 proof of parking spaces proposed for the Property, depicted in Exhibit B, are designated for use by the Eaton Corporation and that said spaces are not required to be constructed at this time. At such time as the City Manager,in his or her sole discretion, determines that it is necessary for all or a portion of the proof of parking spaces to be constructed in order to accommodate Eaton Corporation, the City Manager shall notify the Developer in writing of the need to construct additional proof of parking spaces. This notification shall include the number, location and timetable for construction of the additional proof-of-parking spaces. Developer shall comply with all requirements contained in the City Manager's notification. 11. PUD WAIVERS GRANTED: The city hereby grants the following waivers to City Code requirements within the I-5 Zoning District through the Planned Unit Development District Review for the Property and incorporates said waivers as part of PUD 2000-46: • A waiver from a maximum office percentage of 50% to 90% and from a side yard parking setback of 10 feet to 0 feet for Outlot A and Lot 1, Block 1, Cooperative Power Addition. 12. RIGHT OF ENTRY: Developer shall grant to the City a Right of Entry, attached hereto as Exhibit H, to enter upon the Property to survey, design, and construct intersection improvements at Mitchell Road and Technology Drive. 13. TRAVEL DEMAND MANAGEMENT PLAN: Developer shall develop and implement a Travel Demand Management Plan (TDM) at the site to help reduce traffic congestion within this area according to the attached plan shown as Exhibit I. Prior to issuance of occupancy permit, the Developer shall submit a completed Travel Demand Management (TDM) Plan to the City Planner for approval, and provide to the City a Letter of Credit (Exhibit J) in the amount equal to the estimated cost of implementing the first two years of the TDM Plan. The Letter of Credit will be released to the Developer on a"draw-down" basis during the later of the first two years of building occupancy or first two years of TDM Plan implementation, in the following manor: a) The Developer shall periodically submit to the City receipts of expenses associated with executing the TDM Plan. The City shall have 15 business days to review the receipts. If within this 15 day period the City does not provide the Developer with written notice that it objects to all or any portion of the expenses which the Developer has submitted as TDM implementation expenses then in such event Developer may also submit a new or amended Letter of Credit in an amount equal to the previous total, less the total receipts submitted. Example: Original Letter of Credit(LOC) _ $100,000 First Submittal of Receipts = $ 15,000 New/Amended LOC Amount = $ 85,000 l� CITY COUNCIL AGENDA DATE: 4/18/00 SECTION: Consent Agenda ITEM NO.: SERVICE AREA/DIVISION: ITEM DESCRIPTION: Community Development ' C Donald R. Uram Liberty Place Krista Flemming Requested Action Move to: • Approve 2nd Reading of the Ordinance for PUD District Review with waivers on 16.88 acres, Zoning District Change from RM-2.5 to I-2 on 5.57 acres; RM-2.5 to Office on 7.12 acres; I-2 to Office on .41 acres, and Zoning District Amendment within the I-2 Zoning District on 3.78 acres; and • Adopt the Resolution for Site Plan Review on 16.88 acres; and • Approve the Developer's Agreement for Liberty Place Synopsis This project includes a one-story, 93,006 sq. ft. office-showroom building, a three-story, 81,900 sq.*ft. office/warehouse building, a concept plan for a three-story senior cooperative apartment building with 50 units; and 35 acres of open space/right-of-way located at Smetana Lane and Valley View Road. Attachments 1. Ordinance for PUD District Review, Zoning Change and Zoning Amendment 2. Resolution for Site Plan Review 3. Developer's Agreement LIBERTY PLACE CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 11-2000-PUD-5-2000 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the RM-2.5 Zoning District on 5.57 acres be placed in the I-2 Zoning District; RM-2.5 Zoning District on 7.12 acres be placed in the Office Zoning District; I-2 Zoning District on .41 acres to Office; and amended within the I-2 Zoning District on 3.78 acres, 11-2000-PUD-5-2000 (hereinafter "PUD-5-2000-I-2"). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of April 18, 2000, entered into between Liberty Property Limited Partnership,and the City of Eden Prairie, (hereinafter "Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD-5-2000-I-2 and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-5-2000-I-2 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-5-2000-I-2 is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-5-2000-I-2 are justified by the design of the development described therein. D. PUD-5-2000-I-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 RM-2.5 and I-2 Zoning Districts, and amended within the I-2 Zoning District and shall be included hereafter in the Planned Unit Development PUD-5-2000-I-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 21 st day of March, 2000, 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 18th day of April, 2000. ATTEST: Kathleen A. Porta, City Clerk Jean L. Harris,Mayor PUBLISHED in the Eden Prairie News on LEGAL DESCRIPTION FOR PARCEL 1: ZowI M That part of the Southeast Quarter of the Southwest Quarter of Section 12,Township 116, Range 22 and that part of Outlot C,TECHNOLOGY PARK 8TH ADDITION,according to the recorded plat thereof, both in Hennepin County, Minnesota, described as follows: Commencing at the southeast corner of said Southeast Quarter of the Southwest Quarter, thence North 00 degrees 34 minutes 06 seconds West, assumed bearing along the east line of said Southeast Quarter of the Southwest Quarter, a distance of 516.36 feet to the point of beginning; thence North 73 degrees 23 minutes 57 seconds West, a distance of 152.31 feet;thence North 07 degrees 40 minutes 02 seconds East,a distance of 197.05 feet;thence North 00 degrees 08 minutes 33 seconds West, a distance of 149.95 feet; thence northwesterly along a non-tangential curve concave to northeast having a central angle of 31 degrees 53 minutes 10 seconds, and a radius of 330.00 feet for an arc distance of 183.65 feet, the chord of said curve bears North 66 degrees 40 minutes 10 seconds West;thence North 50 degrees 43 minutes 34 seconds West,tangent to said curve, a distance of 93.03 feet;thence North 57 degrees 31 minutes 28 seconds East, a distance of 96.50 feet; thence northwesterly along a non-tangential curve concave to southwest having a central angle of 40 degrees 20 minutes 30 seconds, and a radius of 347.42 feet for an arc distance of 244.62 feet,the chord of said curve bears North 55 degrees 37 minutes 26 seconds West to a tangential point of reverse curve; thence northwesterly along said reverse curve, concave to the northeast, having a central angle of 22 degrees 14 minutes 57 seconds and a radius of 139.24 feet,for an arc distance of 54.07 feet;thence South 35 degrees 09 minutes 00 seconds West, not tangent to said curve, a distance of 40.77 feet;thence northwesterly along a non-tangential curve concave to northeast having a central angle of 60 degrees 02 minutes 52 seconds, and a radius of 180.00 feet for an arc distance of 188.65 feet, the chord of said curve bears North 23 degrees 49 minutes 01 seconds West;thence North 06 degrees 12 minutes 25 seconds East,tangent to said curve, a distance of 153.59 feet;thence North 39 degrees 20 minutes 01 seconds East, a distance of 102.00 feet;thence North 22 degrees 33 minutes 57 seconds East, a distance of 182.23 feet; thence North 82 degrees 33 minutes 42 seconds East, a distance of 75.41 feet; thence South 21 degrees 48 minutes 42 seconds East, a distance of 136.37 feet; thence North 79 degrees 53 minutes 31 seconds East, a distance of 91.68 feet; thence South 53 degrees 27 minutes 36 seconds East, a distance of 116.90 feet;thence North 50 degrees 49 minutes 38 seconds East, a distance of 86.85 feet to the easterly line of said Outlot C;thence South 03 degrees 21 minutes 37 seconds West, along said easterly line of Outlot C, a distance of 199.75 feet;thence South 87 degrees 35 minutes 27 seconds East, along said easterly line of Outlot C, a distance of 129.43 feet; thence South 15 degrees 07 minutes 01 seconds West, along said easterly line of Outlot C, a distance of 131.05 feet to the southerly line of said Outlot C and said easterly line of the Southeast Quarter of the Southwest Quarter;thence South 00 degrees 34 minutes 06 seconds East, along said easterly line of the Southeast Quarter of the Southwest Quarter, a distance of 814.03 feet to the point of beginning. Containing 395,137.17 square feet or 9.0711 acres, more or less. 1 1 LEGAL DESCRIPTION FOR PARCEL 2: C(f. ZOOK)(a That part of the Southeast Quarter of the Southwest Quarter of Section 12,Township 116, Range 22 and that part of Outlot C, TECHNOLOGY PARK 8TH ADDITION, according to the recorded plat thereof, both in Hennepin County, Minnesota, described as follows: Commencing at the southeast corner of said Southeast Quarter of the Southwest Quarter; thence North 00 degrees 34 minutes 06 seconds West, assumed bearing along the easterly line of said Southeast Quarter of the Southwest Quarter; a distance of 516.36 feet; thence North 73 degrees 23 minutes 57 seconds West, a distance of 152.31 feet to the point of beginning; thence North 73 degrees 23 minutes 57 seconds West, a distance of 18.19 feet;thence northwesterly along a tangential curve concave to the northeast, having a central angle of 21 degrees 40 minutes 57 seconds and a radius of 1,159.33 feet,for an arc distance of 438.73 feet;thence North 51 degrees 43 minutes 00 seconds West, tangent to said curve, a distance of 129.20 feet;thence northwesterly along a tangential curve concave to the northeast, having a central angle of 41 degrees 43 minutes 21 seconds and a radius of 250.00 feet,for an arc distance of 182.05 feet; thence North 32 degrees 46 minutes 22 seconds East, not tangent to said curve, a distance of 39.42 feet; thence northerly along a tangential curve concave to the west, having a central angle of 30 degrees 42 minutes 50 seconds and a radius of 130.00 feet,for an arc distance of 69.69 feet to a point of compound curve;thence northwesterly along said compound curve, concave to the southwest, having a central angle of 58 degrees 04 minutes 16 seconds and a radius of 266.66 feet,for an arc distance of 270.27 feet;thence on a bearing of North, not tangent to said curve, a distance of 144.73 feet;thence on a bearing of East, a distance of 209.43 feet;thence South 06 degrees 12 minutes 25 seconds West, a distance of 96.44 feet; thence southeasterly along a tangential curve concave to the northeast, having a central angle of 60 degrees 02 minutes 52 seconds and a radius of 180.00 feet, for an arc distance of 188.65 feet; thence North 35 degrees 09 minutes 00 seconds East, not tangent to said curve,a distance of 40.77 feet;thence southeasterly along a non- tangential curve concave to northeast having a central angle of 22 degrees 14 minutes 57 seconds, and a radius of 139.24 feet for an arc distance of 54.07 feet, the chord of said curve bears South 64 degrees 40 minutes 12 seconds East to a point of reverse curve; thence southeasterly along said reverse curve, concave to the southwest, having a central angle of 40 degrees 20 minutes 30 seconds and a radius of 347.42 feet,for an arc distance of 244.62 feet;thence South 57 degrees 31 minutes 28 seconds West, not tangent to said curve, a distance of 96.50 feet; thence South 50 degrees 43 minutes 34 seconds East, a distance of 93.03 feet;thence southeasterly along a tangential curve concave to the northeast, having a central angle of 31 degrees 53 minutes 10 seconds and a radius of 330.00 feet,for an arc distance of 183.65 feet;thence South 00 degrees 08 minutes 33 seconds East, not tangent to said curve, a distance of 149.95 feet;thence South 07 degrees 40 minutes 02 seconds West, a distance of 197.05 feet to the point of beginning. Containing 299,357.20 square feet or 6.8723 acres, more or less. 5 LIBERTY PLACE CITY OF EDEN PRAIRIE E ]HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO. 11-2000-PUD-5-2000 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE ZONING OF CERTAIN LAND WITHIN ONE 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: Summary: This ordinance allows amendment of the zoning of land located at Smetana Lane and Valley View Road by removing it from the RM-2.5 Zoning District on 5.57 acres and placing it in the I-2 Zoning District, removing land from the RM-2.5 Zoning District on 7.12 acres and placing it in the Office Zoning District, removing land in the I-2 Zoning District on .41 acres and placing it in the Office Zoning District and amending land within the I-2 Zoning District on 3.78 acres. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen A. Porta, City Clerk Jean 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.) LIBERTY PLACE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2000- A RESOLUTION GRANTING SITE PLAN APPROVAL FOR LIBERTY PLACE BY LIBERTY PROPERTY LIMITED PARTNERSHIP WHEREAS, Liberty Property Limited Partnership has applied for Site Plan approval of Liberty Place on 16.88 acres for a one-story office/warehouse building at 93,006 square feet and a three-story office building at 81,900 square feet. The project is located at Smetana Lane and Valley View Road, to be zoned I-2 Industrial and Office on 16.88 acres by an Ordinance approved by the City Council on April 18, 2000; and, WHEREAS, the Community Planning Board reviewed said application at a public hearing at its February 14, 2000,meeting, and recommended approval of said site plans; and, WHEREAS, the City Council has reviewed said application at a public hearing at its March 21, 2000 meeting; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval be granted to Liberty Property Limited Partnership for a one-story office/warehouse building at 93,006 square feet and a three- story office building at 81,900 square, based on plans dated March 9, 2000, between Liberty Property Limited Partnership, and the City of Eden Prairie. ADOPTED by the City Council on April 18, 2000. Jean L. Harris,Mayor ATTEST: Kathleen A. Porta, City Clerk DEVELOPER'S AGREEMENT LIBERTY PLACE THIS AGREEMENT is entered into as of April 18, 2000, by Liberty Property Limited Partnership, a Pennsylvania Limited Partnership, 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 Guide Plan Amendment from Industrial/High Density Residential to Office on 3.9 acres and from Low Density Residential to High Density Residential on 2.58 acres;Planned Unit Development Concept Review on 55.08 acres;Planned Unit Development District Review with waivers on 16.88 acres; Zoning District Change from RM-2.5 to I-2 on 5.57 acres; from RM-2.5 to Office on 7.12 acres; and from I-2 to Office on .41 acres; Site Plan Review on 16.88 acres; and Preliminary Plat on 55.08 acres into 3 lots,4 outlots, and City right- of-way; and EAW Review on 55.08 acres, legally described on Exhibit A(the "Property"); NOW, THEREFORE, in consideration of the City adopting Resolution No. 2000-47 for Guide Plan Change, Ordinance No. 2000-48 for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review and Zoning District change from RM-2.5 to I-2; from RM-2.5 to Office; and from I-2 to Office, Resolution No. for Site Plan Review,Resolution No. 2000-50 for Preliminary Plat, and Resolution No. 2000-49 for EAW Declaration, Developer agrees to construct, develop and maintain the Property as follows: 1. PLANS: Developer agrees to develop the Property in conformance with the materials revised and dated March 9,2000,reviewed and approved by the City Council on March 21, 2000, and attached hereto as Exhibit B, subject to such changes and modifications as provided herein. 2. EXHIBIT C: Developer agrees to the terms, covenants, agreements, and conditions set forth in Exhibit C. 3. CROSS ACCESS,PARKING,AND MAINTENANCE AGREEMENT: Prior to release of the final plat for any portion of the Property, the owners shall provide a signed cross access,parking, and maintenance agreement between proposed Lot 1,Block 1, and proposed Lot 2, Block 1, Liberty Place. 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 release of the final plat for any portion of 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 Office/Registrar of Titles' Office. 4. DEDICATIONS: Developer agrees that the final plat for the Property shall dedicate proposed Outlot A,Liberty Place, as depicted on Exhibit B, attached hereto,to the City for wetlands and open space purposes in accordance with the terms and conditions of Exhibit C, attached hereto. Developer agrees that the final plat for the Property shall dedicate proposed Outlot C,Liberty Place, as depicted on Exhibit B, attached hereto, to the City for parks,recreational facilities, playgrounds, trails, wetlands, and open space purposes in accordance with the terms and conditions of Exhibit C, attached hereto. Developer agrees that the final plat for the Property shall dedicate proposed Outlot D,Liberty Place, as depicted on Exhibit B, attached hereto, to the City for ponding and stormwater retention purposes in accordance with the terms and conditions of Exhibit C, attached hereto. 5. DEVELOPER'S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a violation of City Code relating to use of the Land construction thereon or failure to fulfill an obligation imposed upon the Developer pursuant to this Agreement, City need not issue a building or occupancy permit for construction or occupancy on the Land while such a violation is continuing,unless waived by City. The existence of a violation of City Code or the failure to perform or fulfill an obligation required by this Agreement shall be determined solely and conclusively by the City Manager of the City or a designee. 6. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall release, defend and indemnify City, its elected and appointed officials, employees and agents from and against any and all claims, demands, lawsuits, complaints, loss, costs (including attorneys' fees), damages and injunctions relating to any acts, failures to act, errors, omissions of Developer or Developer's consultants, contractors, subcontractors, suppliers and agents. Developer shall not be released from its responsibilities to release, defend and indemnify because of any inspection,review or approval by City. 7. EASEMENT AGREEMENT FOR PUBLIC PARKING: Developer shall convey to the City an easement over that portion of the Property designated for public parking purposes, and in accordance with the terms and conditions of the Agreement attached as Exhibit I. 8. EXTERIOR MATERIALS: Prior to building permit issuance, Developer shall submit to the City Planner, and receive the City Planner's written approval of a plan depicting exterior materials and colors to be used on the buildings on the Property. Prior to issuance of any occupancy permit for the Property, Developer agrees to complete implementation of the approved exterior materials and colors plan in accordance with the terms and conditions of Exhibit C, attached hereto. 9 9. FENCE AND GUARDRAIL FOR POND B: Prior to issuance of any certificate of occupancy for the Property, Developer shall install a 6 foot high, chain link fence, or Developer shall submit to the City Planner, and receive the City Planner's written approval for an acceptable alternative for the perimeter retaining walls of the pond. Prior to issuance of any certificate of occupancy for the Property, Developer shall install a guardrail, or Developer shall submit to the City Engineer, and receive the City Engineer's written approval of a plan depicting a suitable alternative along the south and east sides of Pond B, as depicted on Exhibit B. 10. FUTURE DEVELOPMENT: Prior to any development or construction on proposed Lot 3,Block, 1,Liberty Place, as depicted in Exhibit B (proposed 50-60 unit senior housing site), Developer shall submit detailed development plans, and all other submittals required by the Eden Prairie City Code, and obtain approval of-those plans and submittals by the City Council. 11. GRADING,DRAINAGE,AND EROSION CONTROL PLANS: A. FINAL GRADING AND DRAINAGE PLAN: Developer agrees 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 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 other items required by the application for and release of a land alteration permit. All design calculations for storm water quality and quantity together with a drainage area map shall be submitted with the final grading and drainage plan. Prior to release of the land alteration bond,Developer shall certify to the City that the water quality pond conforms to the final grading plan. Prior to issuance of any occupancy permit for the Property, Developer shall complete implementation of the approved plan. Developer shall employ the design professional who prepared the final grading plan. The design professional shall monitor construction for conformance to the approved final grading plan and City erosion control policy. The design professional shall provide a final report to the City certifying completion of the grading in conformance the approved final grading plan and City erosion control policy. 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 labeled Exhibit D, attached hereto and made a part hereof. Prior to release of 0 the grading bond,Developer shall complete implementation of the approved plan. Developer shall remove any sediment that accumulates in the existing and/or proposed sedimentation pond during construction. Developer shall provide preconstruction and post construction surveys to the City. 12. IRRIGATION PLAN: Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for irrigation of the landscaped areas on the Property. Developer agrees that the irrigation system shall be designed such that water is not directed on or over public sidewalks or trails. Developer agrees to complete implementation of the approved irrigation plan in accordance with the terms and conditions of Exhibit C prior to issuance of any occupancy permit for the Property. 13. LANDSCAPE PLAN: Prior to building permit issuance,the Developer shall submit to the City Planner and receive the City Planner's written approval of a final landscape plan for Phase I for the Property as depicted on Exhibit B. The approved landscape plan shall be consistent with the quantity, type, and size of plant materials shown on the landscape plan on Exhibit B. Developer shall furnish to the City Planner and receive the City Planner's approval of a landscape bond equal to 150%of the cost of said improvements as required by City Code. Prior to issuance of any occupancy permit for the Property, Developer agrees to complete implementation of the approved Phase I landscape plan, as depicted in Exhibit B, in accordance with the terms and conditions of Exhibit C. 14. MECHANICAL EQUIPMENT SCREENING: Developer shall submit to the City Planner, and receive the City Planner's written approval of a plan for screening of mechanical equipment on the Property. For purposes of this paragraph, "mechanical equipment" includes gas meters, electrical conduit,water meters, and standard heating,ventilating, and air-conditioning units. Security to guarantee construction of said screening shall be included with that provided for landscaping on the Property, in accordance with City Code requirements. Developer shall complete implementation of the approved plan prior to issuance of any occupancy permit for the Property. If, after completion of construction of the mechanical equipment screening,it is determined by the City Planner,in his or her sole discretion,that the constructed screening does not meet the Code requirements to screen mechanical equipment from public streets and differing, adjacent land uses, then the City Planner shall notify Developer and Developer shall take corrective action to reconstruct the mechanical equipment screening in order to cure the deficiencies identified by the City Planner. Developer agrees that the City will not release the security provided until Developer completes all such corrective measures. 11 15. PERFORMANCE STANDARDS: Developer agrees that the Property and facility will be operated in a manner meeting all applicable noise,vibration, dust and dirt, smoke, odor and glare laws and regulations. 16. PRETREATMENT PONDS: Prior to issuance of the land alteration permit for the Property, Developer shall submit to the City Engineer and receive the City Engineer's 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 prior to issuance of any occupancy permit for the Property. Prior to issuance of any certificate of occupancy for the Property,Developer may be required to 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. 17. PROOF OF PARKING SPACES: Developer and City acknowledge that the 25 proof of parking spaces proposed for the Property, depicted in Exhibit B, are designated for use by the office facility on proposed Lot 2 and that said spaces are not required to be constructed at this time. At such time as the City Manager,in his or her sole discretion, determines that it is necessary for all or a portion of the proof of parking spaces to be constructed in order to accommodate the office users on proposed Lot 2, the City Manager shall notify the Developer in writing of the need to construct additional proof of parking spaces. This notification shall include the number,location and timetable for construction of the additional proof-of-parking spaces. Developer shall comply with all requirements contained in the City Manager's notification. 18. PUBLIC PARKING FOR PARK FACILITY AND BOAT ACCESS: Developer shall complete construction of the public parking lot located on proposed Lot 3, Liberty Place, and the public parking lot associated with the boat access on proposed Outlot C, as depicted on Exhibit B, concurrent with the construction of Smetana Lane with a completion date of October 15, 2000. 19. PUD WAIVERS GRANTED: The City hereby grants the following waivers to City Code requirements within the I-2 and Office Zoning Districts through the Planned Unit Development District Review for the Property and incorporates said waivers as part of PUD 2000-48: I-2 of 1 Shoreland Code Waiver: Percent of impervious surface from 30% to 71% Zoning Code Waiver: �-011 • Minimum side yard parking setback from 10 feet to 0 feet I-2 (Outlot B) Shoreland Code Waiver: • Percent of impervious surface from 30% to 90% Zoning Code Waivers: • Minimum side yard parking setback from 10 feet to 0 feet • Offsite Parking • Minimum front yard parking setback from 50 feet to 35 feet • Lot Size from a 2 acre minimum within the I-2 Zoning District to 1.06 acres Office (Lot 2) Shoreland Code Waivers: • Building height from 35 feet to 54 feet • Percent of impervious surface from 30% to 50% • Minimum lot size from 10 acres to 6.60 acres Zoning Code Waiver: • Minimum side yard parking setback from 10 feet to 0 feet 20. REMOVAL/SEALING OF EXISTING WELL AND SEPTIC SYSTEMS: Prior to issuance by City of any occupancy permit on the Property, Developer shall submit to the Chief Building Official and to obtain the Chief Building.Official's written approval of plans for demolition and removal of existing septic systems and wells on the Property, and restoration of the Property. Prior to such demolition or removal, Developer shall provide to the City a deposit in the amount of $1,000.00 (Cashier's Check) to guarantee that Developer completes implementation of the approved plan. The city shall return to Developer the $1,000.00 deposit at such time as the Chief Building Official has verified in writing that the Developer has completed implementation of the approved plan. 21. RETAINING WALLS: Prior to issuance by the City of any permit for grading or construction on the Property, Developer shall submit to the Chief Building Official, and obtain the Chief Building Official's written approval of detailed plans for the retaining walls identified on the grading plan in Exhibit B. These plans shall include details with respect to the height,type of materials, and method of construction to be used for the retaining walls. Developer shall complete implementation of the approved retaining wall plan in accordance with the terms and conditions of Exhibit C, attached hereto, prior to issuance of any occupancy permit for the Property. 22. SIDEWALK AND TRAIL CONSTRUCTION: Developer shall submit to the Parks and 11"5 Recreational Services Director and obtain the Director's written approval of detailed plans for sidewalks and trails to be constructed on the Property. Developer shall convey access easements for such sidewalks and trails in such locations as determined by the Parks and Recreation Services Director,prior to release of the final plat for any portion of the property. Sidewalks and trails shall be constructed in the following locations: A. An eight-foot wide bituminous trail to be located from Smetana Lane to the west property line of Outlot C through the proposed park area as depicted in Exhibit B, attached hereto. B. An eight-foot wide bituminous trail to be located from Valley View Road along the south side of Smetana Lane to the east property line as depicted in Exhibit B, attached hereto. Developer agrees to complete implementation of the approved plans in accordance with the terms of Exhibit C concurrent with the construction of Smetana Lane with a completion date of October 15, 2000. 23. SIGNS: Developer agrees that for each sign which requires a permit by Eden Prairie City Code, Section 11.70,Developer shall file with the City Planner and receive the City Planner's written approval of an application for a sign permit. The application shall include a complete description of the sign and a sketch showing the size, location, the manner of construction, and other such information as necessary to inform the City of the kind, size, material construction, and location of any such sign, consistent with the sign plan shown on Exhibit B and in accordance with the requirements of City Code, Section 11.70, Subdivision 5a. 24. SITE LIGHTING: Prior to building permit issuance, Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for site lighting on the Property. All pole lighting shall consist of downcast shoebox fixtures not to exceed 20 feet in height. Developer shall complete implementation of the approved lighting plan prior to issuance of any occupancy permit for the Property. 25. SPECIAL ASSESSMENT AGREEMENTS: Prior to release of a final plat for any portion of the Property,Developer agrees to sign an assessment agreement(Exhibit J)with the City for assessments for future intersection improvements at the Smetana Lane and Valley View Road. Prior to release of a final plat for any portion of the Property, Developer agrees to sign an assessment agreement (Exhibit H) with the City for the trunk sanitary sewer and water assessments for an assessable acreage of 21.53 acres at the per acre rate then in effect. Prior to release of the first building permit for proposed Lot 1, Block 1, Liberty Place, Developer shall pay four connection fees for sanitary sewer at the current rates. ,q Prior to release of the first building permit for proposed Lot 2, Block 1, Liberty Place, Developer shall pay four connection fees for sanitary sewer at the current rates. 26. 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 associated with Smetana Lane with a completion date of October 15, 2000. Plans for public infrastructures shall be of a plan view and profile on 24 x 36 plan sheets consistent with City standards. Developer shall pay a permit fee of five percent of construction value to City. The design engineer shall provide daily inspection, certify completion in conformance to approved plans and specifications and provide record drawings. 27. TRASH ENCLOSURE: Developer has submitted to the City Planner,and obtained the City Planner's written approval of a plan for the design and construction of the outside trash enclosure for the Property. This trash enclosure shall be constructed with face brick to match the building,include a roof, and heavy duty steel gates that completely screen the interior of the enclosure. Developer shall complete implementation of the trash enclosure plan prior to issuance of any occupancy permit for the Property. 28. TRAVEL DEMAND MANAGEMENT PLAN: Developer shall develop and implement a Travel Demand Management Plan (TDM) at the site to help reduce traffic congestion within this area according to the attached plan shown as Exhibit F. Prior to issuance of occupancy permit, the Developer shall submit to the City, a Letter of Credit (Exhibit G) in the amount equal to the estimated cost of implementing the first two years of the TDM Plan. The Letter of Credit will be released to the Developer on a "draw-down"basis during the later of the first two years of building occupancy or first two years of TDM Plan implementation, in the following manor: a) The Developer shall periodically submit to the City receipts of expenses associated with executing the TDM Plan. The City shall have 15 business days to review the receipts. If within this 15 day period the City does not provide the Developer with written notice that it objects to all or any portion of the expenses which the Developer has submitted as TDM implementation expenses then in such event Developer may also submit a new or amended Letter of Credit in an amount equal to the previous total, less the total receipts submitted. Example: Original Letter of Credit(LOC) _ $100,000 First Submittal of Receipts = $ 15,000 New/Amended LOC Amount = $ 85,000 29. TREE LOSS -TREE REPLACEMENT: There are 1712 diameter inches of significant trees on the Property. Tree loss related to development on the Property is calculated at 355 diameter inches. Tree replacement required is 98 caliper inches. In 1997, an approved plan 1,5 for the Lake Smetana Apartments and the issuance of a Land Alteration Permit caused the removal of significant trees. As part of the existing Developer's Agreement, an additional 221 caliper inches must be replaced. Prior to the issuance of any grading permit for the Property,Developer shall submit to the City Forester and receive the City Forester's written approval of a tree replacement plan for 319 caliper inches. This approved plan shall include replacement trees of a 3-inch diameter minimum size for a shade tree and a 7-foot minimum height for conifer trees. The approved plan shall also provide that, should actual tree loss exceed that calculated herein,Developer shall provide tree replacement on a caliper inch per caliper inch basis for such excess loss. Developer shall complete implementation of the approved tree replacement plan prior to release of the landscaping bond. 30. WETLAND PLAN: A. WETLAND BUFFER STRIP VEGETATION EVALUATION: Developer shall submit to the City a Wetland Buffer Strip Vegetation Evaluation Report ("Buffer Report") by June 30, 2000, in accordance with the Wetland Plan and City Code requirements. If any unacceptable vegetation is identified by the City, the wetland buffer strip shall be graded and reseeded or replanted (hereinafter referred to as "Landscaping")by the Developer within 90 days of submission of the Buffer Report. If Landscaping of the wetland buffer strip is required,the Developer shall submit a signed statement by a qualified wetland consultant within 30 days of completion of the Landscaping, as determined by the City Manager, stating that the wetland buffer strip vegetation complies with all City requirements. Developer shall also submit a final Buffer Report evaluating the wetland buffer strip vegetation after completion of two full growing seasons to determine if the wetland buffer strip vegetation remains in compliance with all City requirements. If any unacceptable vegetation is identified, the buffer shall be Landscaped by the Developer within 90 days of submission of the final Buffer Report. B. CONSERVATION EASEMENT: Prior to release of the final plat for any portion of the Property, Developer shall submit a Conservation Easement (Exhibit E) for review and written approval by the Environmental Coordinator, for the area delineated on Exhibit B. Prior to release of the first building permit for the Property,Developer shall submit evidence to the Environmental Coordinator that the approved Conservation Easement has been filed in the Hennepin County Recorder's/Registrar of Titles' Office. C. WETLAND BUFFER STRIP MONUMENTS: Prior to release of the first building permit for the Property, Developer shall install all wetland buffer strip f6 monuments for the property. Wetland buffer strip monument locations shall be shown on the final grading plan. Removal of the wetland buffer strip monuments is prohibited. D. WETLAND PLAN/PERFORMANCE BOND: Developer shall submit to the Environmental Coordinator and receive the Environmental Coordinator's approval of a Wetland Plan prior to issuance of the land alteration permit. The approved Wetland Plan shall be consistent with the materials shown on Exhibit B. Developer shall fiunish to the Environmental Coordinator and receive the Environmental Coordinator's approval of a Wetland Plan performance bond, cash escrow, or letter of credit with a corporation approved by the City Manager or other guarantee acceptable to the City Manager equal to 150%of the cost, as estimated by the City Manager, of completing said Wetland Plan requirements and/or Landscaping as depicted on Exhibit B and as required by City Code prior to issuance of the grading permit. Said performance bond, cash escrow, letter of credit or other guarantee shall cover two full growing seasons following completion of the development. I � CITY COUNCIL AGENDA DATE: 4/18/00 SECTION: Consent Agenda ITEM NO.: SERVICE AREA/DIVISION: ITEM DESCRIPTION: Community Development Donald R. Uram Braxton Woods 2nd Addition Scott A.Kipp Requested Action Move to: • Approve 2nd Reading of the Ordinance for PUD District Review on 7.1 acres and Zoning District Change from Rural to R1-13.5 on 7.1 acres; and • Approve the Developer's Agreement for Braxton Woods 2nd Addition. Synopsis This request is for 8 single-family lots. The project is located east of Cedarcrest Drive and west of Shetland Road. Attachments 1. Ordinance for PUD District Review and Zoning Change 2. Developer's Agreement BRAXTON WOODS 2D ADDITION CITY OF EDEN PR AMIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 12-2000-PUD-6-2000 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. • That action was duly initiated proposing that the land be removed from the Rural Zoning District and be placed in the R1-13.5 Zoning District 12-2000-PUD-6-2000 (hereinafter "PUD-6-2000-R1-13.5"). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of April 18, 2000, entered into between Centex Homes and the City of Eden Prairie, (hereinafter "Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD-6-2000-R1-13.5, and are hereby made apart hereof. Section 4. The City Council hereby makes the following findings: A. PUD-6-2000-R1-13.5 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-6-2000-R1-13.5 is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-6-2000-R1-13.5 are justified by the design of the development described therein. D. PUD-6-2000-R1-13.5 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 Zoning District, and placed within the R1-13.5 Zoning District and shall be included hereafter in the Planned Unit Development PUD-6-2000-R1-13.5 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 21 st day of March, 2000, 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 18th day of April, 2000. ATTEST: Kathleen A. Porta, City Clerk Jean L. Harris, Mayor PUBLISHED in the Eden Prairie News on 3 ENB BIT A. Legal Description: Braxton Woods 2"d Addition That part of the East Half of the Southwest Quarter of Section 20, Township 116, Range 22, and that part of the Northeast Quarter of the Northwest Quarter of Section 29, Township 115, Range 22, Hennepin County, Minnesota, lying within the following described boundaries. Beginning of the most easterly comer of Lot 6, Block 5, CEDAR FOREST FIRST ADDtPON, according to the recorded plat thereof, Hennepin County, Minnesota; thence North 25 degrees 25 minutes 46 seconds West, assumed bearing along the east line of said CEDAR FOREST FIRST A001710N, a distance of 204.58 feet, thence North 79 degrees 50 minutes 42 seconds East, a distance of 2.39.83 feet; thence North 29 degrees 16 minutes 07 seconds East, a distance of 94.62 feet; thence South 77 degrees 01 minutes 48 seconds East, a distance of 186.11 feet; thence South 00 degrees 30 minutes 02 seconds East, a distance of 216.72 feet; thence along a non—tangential curve, concave to the south, havina a radius of 491.10 feet, a central onael of 36 degrees 45 minutes 31 seconds, an arc length of 315.07 feet and o chord bearing of South 85 degrees 20 minutes 03 seconds West; thence South 67 degrees 27 minutes 05 seconds West, a distance of 74.57 feet to the point of beginning and there terminating. AND: That part of the Northeast Quarter of. the Northwest Quarter of Section 29, Township 116, Range 22, Hennepin County, Minnesatc except that part thereof embraced within said CEDAR FOREST FIRST ADDITION, all lying Southerly of a line drawn parallel with and 15 feet Southerly of, as measured at right anale to, the following described Line A. Line A: Beginning at the point of intersection of the centerline of Cedarcrest Drive with a line drawn from the most Easterly comer of Lot 6, Block 5, CEDAR FOREST FIRST ADDITION'to the most Northerly corner of Lot 1, Block 4, said CEDAR FOREST FIRST ADDITION, said line having an assumed bearing'of South 14 degrees 39 minutes 15 seconds West; thence North 73 decrees 22 minutes 59 seconds East a distance of 137.36 feet; thence along a tangential circular curve to the right having a radius of 460.02 feet, delta anaie 31 degrees 33 minutes 37 seconds, for a distance of 253.39 feet; thence South 75 degrees 03 minutes 24 seconds East on tangent to said curve a distance of 122.35 feet; thence along a tangential circular curve to the left having a radius of 162.58 feet, delta angle 20 degrees 54 minutes 34 seconds, a distance of 59.33 feet; thence North 84 decrees 02 minutes 02 seconds East on tangent to said curve to its intersection with the East line of said Northwest Quarter and there terminating. Which lies northerly of the centerline of Riley Creek. Together with an easement for ingress and egress, 30 feet in width, over and across part of the North 1/2 of Section 29, Township 116, Range 22, Hennepin County, Minnesota, the centerline of said easement being described as follows: Beginning at the point of intersection of the center line of Cedarcrest drive with a line, hereinafter referred to as Line 1, drawn from the most Easterly corner of Lot 6, Block 5, CEDAR FOREST FIRST AD0111ON to the most Northerly corner of Lot 1, Block 4, said CEDAR FOREST FIRST ADDITION, said line having on. assumed bearing of South 14 decrees 39 minutes 15 seconds West; thence North 73 degrees 22 minutes 59 seconds East a distance of 137.36 feet; thence along a tangential circular curve to the right having a radius of 460.02 feet, delta anaie 31 degrees 33 minutes 37 seconds, for a distance of 253.39 feat; thence South 75 degrees 03 minutes 24 seconds East on tangent to said curve a distance of 122.35 feet; thence along a tangential circular curve to the left having a radius of 162.58 feet, delta angle 20 degrees 54 minutes 34 seconds, a distance of 59.33 feet; thence North 84 degrees 02 minutes 02 seconds East on tangent to said curve a distance of 286.94 feet; thence along a tangential circular curve to the left having a radius of 297,03 feet, delta angle 11 degrees 32 minutes 04 seconds, for a distance of 59.80 feet; thence North 72 degrees 29 minutes 58 seconds East an tangent to said curve a distance of 115.15 feet and there terminating; The Northerly and Southerly lines of said easement are lengthened or shortened to their respective intersections with said Line 1. BRAXTON WOODS 2'ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO. 12-2000-PUD-6-2000 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA, ORDAINS: Summary: This ordinance allows rezoning of land located east of Cedarcrest Drive and west of Shetland Road from the Rural Zoning District to the R1-13.5 Zoning District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen A. Porta, City Clerk Jean L. Harris, Mayor PUBLISHED in the Eden Prairie News on (A full copy of the text of this Ordinance is available from City Clerk.) 5 DEVELOPER'S AGREEMENT BRAXTON WOODS 2ND ADDITION THIS AGREEMENT is entered into as of April 18, 2000, by Centex Homes, a Nevada General Partnership, hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation,hereinafter referred to as "City": WITNESSETH: WHEREAS,Developer has applied to City for Planned Unit Development Concept Review on 7.1 acres,Planned Unit Development District Review with waivers on 7.1 acres, Zoning District Change from Rural to R1-13.5 on 7.1 acres, and Preliminary Plat on 7.1 acres into eight single- family lots, one outlot, and road right-of-way, legally described on Exhibit A(the"Property"); NOW, THEREFORE, in consideration of the City adopting Resolution No. for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review and Zoning District change from Rural to R1-13.5, and Resolution No. for Preliminary Plat,Developer shall to construct, develop and maintain the Property as follows: 1. PLANS: Developer shall develop the Property in conformance with the materials revised and dated January 24,2000,reviewed and approved by the City Council on March 21,2000, and attached hereto as Exhibit B, subject to such changes and modifications as provided herein. 2. EXHIBIT C: Developer agrees to the terms,covenants,agreements, and conditions set forth in Exhibit C. 3. CONSERVATION EASEMENT FOR THE PROTECTION OF EXISTING TREES ON THE PROPERTY: Prior to issuance of the first building permit for the Property, Developer shall submit a Conservation Easement attached as Exhibit E for review and written approval by the Parks and Recreation Services Director, for Outlot A as depicted on Exhibit B. Prior to the release of the first building pen-nit for the Property, Developer shall submit evidence to the Parks and Recreation Services Director, that the approved Conservation Easement has been filed in the Hennepin County Recorder's/Registrar of Titles' Office. Prior to issuance of the first building permit for the Property, Developer shall permanently demarcate the location of the boundary of the conservation easement on each lot property line or corner with permanent four-foot tall posts. A 2 %Z by 6 inch sign or decal reading 6 "Scenic/Conservation Easement Boundary, City of Eden Prairie",will be affixed to the top of the post. 4. DEVELOPER'S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a violation of City Code relating to use of the Land, construction thereon or failure to fulfill an obligation imposed upon the Developer pursuant to this Agreement, City need not issue a building or occupancy permit for construction or occupancy on the Land while such a violation is continuing,unless waived by City. The existence of a violation of City Code or the failure to perform or fulfill an obligation required by this Agreement shall be determined solely and conclusively by the City Manager of the City or a designee. 5. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall release, defend and indemnify City, its elected and appointed officials, employees and agents from and against any and all claims, demands, lawsuits, complaints, loss, costs (including attorneys' fees), damages and injunctions relating to any acts, failures to act, errors, omissions of Developer or Developer's consultants,contractors, subcontractors, suppliers and agents. Developer shall not be released from its responsibilities to release, defend and indemnify because of any inspection, review or approval by City. 6. GRADING,DRAINAGE,AND EROSION CONTROL PLANS: A. FINAL GRADING AND DRAINAGE PLAN: Developer agrees 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 written approval of a final grading and drainage plan for the Property. The final grading and drainage plan shall include all wetland, wetland buffer strips, wetland buffer monument locations,water quality ponds, storm water detention areas and other items required by the application for and release of a land alteration permit. All design calculations for storm water quality and quantity together with a drainage area map shall be submitted with the final grading and drainage plan. Prior to release of the grading bond,Developer shall certify to the City that the water quality pond conforms to the final grading plan. Developer shall employ the design professional who prepared the final grading plan. The design professional shall monitor construction for conformance to the approved final grading plan and City erosion control policy. The design professional shall provide a final report to the City certifying completion of the grading in conformance the approved final grading plan and City erosion control policy. B. EROSION CONTROL PLAN: Prior to issuance of a land alteration 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 labeled Exhibit D, attached hereto and made a part hereof. Prior to release of the grading bond,Developer shall complete implementation of the approved plan. Developer shall remove any sediment that accumulates in the existing and/or proposed sedimentation pond during construction. Developer shall provide preconstruction and post construction surveys for evaluation by City. 7. GRADING IN THE WOODED AREAS ON SITE: Prior to issuance of a land alteration permit for grading within any of the wooded areas on the Property, delineated on Exhibit B, Developer shall submit to the City Forester and receive the City Forester's written approval of a plan depicting construction grading limits on the Property. Prior to the issuance of any land alteration permit, Developer shall place a construction fence on the approved construction grading limits. Developer shall notify the City and watershed district 48 hours in advance of grading so that the construction limit fence may be field inspected and approved by the City Engineer and City Forester. Developer shall maintain the construction limit fence until written approval is granted by the City to remove the fence. 8. PLANS FOR INDIVIDUAL HOME CONSTRUCTION: Prior to building permit issuance for each residential structure on each parcel of the Property, a Certificate of Survey for such parcel shall be submitted for review and written approval by the Building Department. The Certificate of Survey shall include a certification by the builder that construction of the residence is consistent with this Agreement and all exhibits attached hereto, and shall further contain the following information: A. Topography with 2 foot contour intervals for existing and proposed grades. Topography must be field verified. B. Location of structures with finished floor elevations. C. Retaining walls,type,height, and type of details. D. Location of sewer,water, gas and electric lines. E. Method of erosion control. F. Detailed grading plans. G. No construction or grading within any conservancy easement area. H. For Lots 1-5, Block 2, houses designed with a roof drain system designed to take storm water runoff toward the storm sewer system within the proposed road as depicted on Exhibit B. 9. PRELIMINARY PLAT APPROVAL EXTENSION: The preliminary plat approval shall remain effective for a period of twenty-four(24)months from the date of this agreement. 10. 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 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 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. 11. PUD WAIVERS GRANTED: The city hereby grants the following waivers to City Code requirements within the R1-13.5 Zoning District through the Planned Unit Development District Review for the Property and incorporates said waivers as part of PUD: A. Front yard structure setback of 25 feet for Lots 1 through 5,Block 2. Code requires a 30-foot front yard structure setback. B. Zero structure setback from top of bluff for Lot 4,Block 2. Code requires a 30- foot structure setback from top of bluff. C. Structure located in the bluff impact zone for Lot 4, Block 2. Code requires that structures remain outside of the bluff impact zone. 12. RELEASE OF FINAL PLAT: A final plat for any portion of the Property shall not be released until such time the proposed sanitary sewer,watermain, storm sewer, concrete curb and gutter,bituminous public street and 8-foot bituminous trail as shown in Exhibit B and located between the east boundary of Cedar Forest Addition and the west boundary of Riley Creek Addition("Lateral Improvements")have been approved for construction by the City. 13. SPECIAL ASSESSMENT AGREEMENT: Prior to release of a final plat for any portion of the Property, Developer agrees to sign an Assessment Agreement attached hereto as Exhibit G for Trunk Improvements,Lateral Improvements, and Subtrunk Improvements. Prior to the release of the final plat for any portion of the Property,the Owner shall provide at no cost to the City all permanent and temporary easements and right-of-way for construction and Maintenance of the Lateral Improvements within the Property as depicted in Exhibit B. Construction of the Lateral Improvements will require right-of-way and easement acquisition from one or more additional properties. Acquisition costs shall be assessed to all benefiting properties in the same manner as other project costs. 14. STREET AND UTILITY PLANS:Developer shall petition the City for construction of the I Public Improvements as depicted in Exhibit B, attached hereto. The petition shall be submitted to the City within 30 days of the date this Agreement is approved by the City Council. 15. TEMPORARY ACCESS EASEMENT: Developer agrees to provide a temporary easement over that portion of the Property as shown on the preliminary plat as street right-of- way, for public ingress and egress between Cedarcrest Drive and Shetland Road during construction of the public improvements in the Cedar Forest neighborhood. Developer agrees to provide the temporary easements within 30 days of a written request therefore by the City. 16. TRAIL EASEMENT: Prior to issuance of the first building permit for the Property, Developer shall submit a Trail Easement attached hereto as Exhibit F for review and written approval by the Parks and Recreation Services Director,for Outlot A as depicted on Exhibit B. Once the trail has been constructed, the easement may be redefined to a 20-foot wide trail easement for public use and maintenance purposes. Prior to the release of the first building permit for the Property, Developer shall submit evidence to the Parks and Recreation Services Director,that the approved Trail Easement has been filed in the Hennepin County Recorder's/Registrar of Titles' Office. 17. TREE LOSS-TREE REPLACEMENT: Tree loss related to development on the Property is calculated at 1,351 diameter inches. Tree replacement required is 259 caliper inches.Prior to the issuance of any grading permit for the Property, Developer shall submit to the City Forester and receive the City Forester's written approval of a tree replacement plan for 259 caliper inches. This approved plan shall include replacement trees of a 3-inch diameter minimum size for a shade tree and a 7-foot minimum height for conifer trees. The approved plan shall also provide that, should actual tree loss exceed that calculated herein,Developer shall provide tree replacement on a caliper inch per caliper inch basis for such excess loss. Developer shall complete implementation of the approved tree replacement plan concurrent with construction on the Property. �Q CITY COUNCIL AGENDA DATE: 04/18/00 SECTION: Consent Agenda SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development Donald R.Uram Sunnybrook Cove E Requested Action Move to: • Approve the Lender's Supplement Agreement and authorize the Mayor and City Manager to execute the Agreement with such changes as are approved by the officers so executing the Agreement. Synopsis Taurus Properties, developer of Sunnybrook Cove, want to assign the Developer's Agreement to the State Bank of Long Lake. This would occur in the event that Taurus Properties does not go forward with the project. Background Item five of Exhibit C in the Developer's Agreement states "Provisions of this Agreement shall be binding upon and enforceable against owners, their successors, and their assigns of the Property herein described." The attached Lender's Supplement would allow the State Bank of Long Lake to continue with the project under the provisions of the approved Developer's Agreement. Sunnybrook Cove is for 15 single family homes located at 12640, 12550, 12500 Sunnybrook Road. The Developer's Agreement was approved by the City Council on March 21, 2000. Attachments 1. Lender's Supplement Agreement LENDER'S SUPPLEMENT TO DEVELOPER'S AGREEMENT BETWEEN TAURUS PROPERTIES,INC.AND THE CITY OF EDEN PRAIRIE This agreement is made and entered into as of March 28, 2000, by and between State Bank of Long Lake, a Minnesota corporation ("Lender"), Taurus Properties, Inc. ("Owner") and the City of Eden Prairie("City"). WHEREAS, the Lender will be provide the financing to Owner for the development of Sunnybrook Cove; and WHEREAS, Owner has entered into a Developer's Agreement dated March 21, 2000, and various supplements to the Developer's Agreement with the City (hereinafter "Developer's Agreement"); and WHEREAS, the Lender has requested that the City acknowledge that the Lender will be able to assume the rights and obligations of the Owner under the Developer's Agreement, as the assignee of Owner, in the event that Owner is unable to complete its obligations under the Developer's Agreement; and WHEREAS, the City of is willing to acknowledge the Lender's position as the assignee of Owner under the terms set forth below. NOW THEREFORE,the City, Owner and Lender agree as follows: 1. The above recitals are adopted as fact. 2. The City hereby acknowledges that the Lender and Owner represent that Lender is providing the financing to Owner for the development of Sunnybrook Cove. 3. In the event that Owner is unable to complete its obligations under the Developer's Agreement, the City shall allow Lender to assume the rights and obligations of the Owner, provided however the Lender is not obligated to assume the rights and obligations of the Owner. 4. Lender agrees that the terms, conditions and obligations set forth in the Developer's Agreement shall be binding upon Lender should Lender assume the rights and obligations of the Owner under the Developer's Agreement. f IN WITNESS WHEREOF THE PARTIES HAVE CAUSED THIS AGREEMENT TO BE EXECUTED THE DATE ABOVE WRITTEN CITY OF EDEN PRAIRIE a municipal corporation, By Its City Manager CITY OF EDEN PRAIRIE a municipal corporation, By Its Mayor STATE BANK OF LONG LAKE By Its TAURUS PROPERTIES, INC. By Its CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 18,2000 SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community and Financial Professional Services Agreement with Dalgren, Services Don Uram,Michael Shardlow & Uban for Comprehensive Plan VF Franzen Update Requested Action Move to: Approve a Professional Services Agreement in the amount of $75,00.00 for Comprehensive Plan Update. Synopsis The City is required by State Law to update the existing Comprehensive Plan. Phase one, base maps, should be completed in June 2000. Phase two will be a collaborative effort between City staff and DSU to produce the guide plan update book. The guide plan update will take 4-6 months to complete. Public hearings will be scheduled with the Community Planning Board and City Council. After City Council approval, the plan will be submitted to adjoining communities and the Metropolitan Council. There is $86,000.00 in this years budget for the guide plan update under contractual services in the Community and Financial Services Division. The contract with DSU is for $75,000.00. The remaining budgeted $11,000.00 is to cover additional charges, if needed, for mapping changes, printing, and meetings with the Community Planning Board, City Council, and Metropolitan Council. Background Information: The City is currently working with DSU to complete a new City base map, land use map, and zoning map. A grant from the Metropolitan Council is being used for this work. The Hennepin County Y2 section maps and parcel identification numbers are to create the base map on a computer disc. GIS and ARC VIEW software programs are used to create the overlay maps for zoning and land use. The City will receive a disc that can be updated by City staff using programs and plotters in the Engineering Division. The guide plan update book will include the following: Professional Services Agreement Page 2 • A statistical update on land use,housing,parks, sewer,water, aviation, and transportation. • Policies on land use,housing,parks, sewer,water, aviation, and transportation. • Charts and maps explaining statistics and policies. • Land use map As part of the agreement, the City will receive a CD ROM version of the update book. This will allow staff to edit the document should the City Council or the Metropolitan Council require updates in the future. Attachments Professional Services Agreement with Dahlgren, Shardlow, and Uban 04/05/00 16:00 FAX 612 337 5601 DSU, INC. 9 001 ILI ii INCORPORATED CONSULTING PLANNERS LANDSCAPE ARCHITECTS 300 FIRST AVENUE NORTH SUITE 210 April 5,2000 MINNEAPOLIS, MN 55401 612,339.3300 Mike Franzen City Planner City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344-2230 Re: Professional Services for Comprehensive Plan Update Dear Mike: Based on our past conversations,I have prepared an estimate of costs for professional services to update your Comprehensive Plan for review by the Metropolitan Council. Our understanding of the project is the City is requesting a statistical update of their existing Comprehensive Plan. Currently,DSU is preparing new GIS maps for the City which will be used in the Comprehensive Plan. The City already has complete parks and open space plans,sewer plans,water supply plans,surface water management plan, transportation plan,environmental plan, and partially completed housing plan. We understand some additional work may be needed for the aviation plan but the main emphasis would be on completing the land use portion of the Comprehensive PIan. The overall Comprehensive Plan document needs to be rewritten including research to update various components. The work is primarily that of researching,writing, editing,and advising the City on the various elements of the Comprehensive Plan and assisting in developing the implementation program,as well as updating the Comprehensive Plan policies and objectives. Our understanding is that continuance of the existing policies is expected and that City staff will be in charge of public review and presentation of plan elements to the decision making bodies. City staff will also provide research of certain elements to support the consultants efforts. The City is interested in a Comprehensive Plan that is well written and includes illustrative graphics to go along with a"plain english"approach to a user friendly document. Our process will include working with City staff to first review the existing Comprehensive Plan and all the basic information the City has assembled to complete the update. Based on this review,we will scope out those elements that need additional work and prepare a time line for document completion. After the review of existing information is completed,we will prepare a document format for the entire Comprehensive Plan update. Review by City staff will look at layout of the document and continuity in the approach to graphics,tables,charts,text,and organization aspects. After the format has been developed,we will prepare a draft of each major component of the Comprehensive Plan for City staff review. We will work on the document segment by segment in order to be efficient in completing a unified plan. At the completion of all segments,a complete plan draft will be submitted to the City for its foil review 3 J4/05/00 16:00 FAX 612 337 5601 DSIT, INC. IM002 Mike Franzen April4, 2000 Page 2 and approval process. Based on that review and requested changes,the document will be submitted to the Metropolitan Council for its official review. We suggest that City staff and the consultant work at each segment stage with the Metropolitan Council so that the draft plan reflects the input of the Metropolitan Council to eliminate any last minute surprises. When the final document is approved by the City Council,the Comprehensive Plan will be published as a one page 11"xl7" summary document with a Land Use Guide map and a CD Rom copy of the entire document. We have found that the CD version can save a significant amount of publishing costs after the initial run has been completed, This work can be completed in a 4-6 month period,depending on the timing of the review process and input by the City and Metropolitan Council. Cost Estimate • Comprehensive Plan Update, including research,writing,graphics, document formatting,and staff meetings: $50,000 • Plan revisions requested by City $ 7,000 • Summary document with 200 summary document copies and 200 CD Roms in jewel cases with instructions $12 000 • Reimbursable Expenses: $- 6,000 Total: $75,000 Optional: City wide housing study: $15,000-$25,000 Optional:Public Process and presentations hourly plus expenses Optional: Web page-process interaction,updates,public review $ 5,000-$15,000 Mike,please let me know if you require a more detailed estimate of cost and scope of services. Sincerely, DAHLGREN, SHARDLOW AND UBAN,INC. J,* C.John Uban Principal 04/05/00 16:00 FAX 612 337 5601 DSII, INC. 1-¢]003 Dahlgren, Shardlow and Uban, Inc. Billing Policy Statement We are pleased to have the opportunity to provide services to you. With this Statement, we hope to avoid confusion or misunderstanding by explaining how and when we bill for those services. Usually,we bill for our services in a range of hourly rates. The appropriate rate is dependent upon a variety of factors, such as the type of work involved, the level of expertise required, the experience of the individuals involved, and the magnitude of the project. Our rates are subject to modification from time to time. We will provide you with a monthly invoice that summarizes the professional services that we have provided and other charges. Payment is due net 30 days. If payment is not received during that time, it is our policy that finance charges of 1.5%will begin to accrue. If you have any questions or concerns about the statement,we encourage you to contact the Project Manager or the Billing Department(612/339-3300). If you prefer,you may also contact either C. John Uban or John Shardlow directly. Reimbursable costs incurred on your behalf will also appear on your monthly invoice. Reimbursable costs include, but are not limited to, such items as mileage, parking,,long distance telephone charges, messenger services,facsimile charges, copying charges, airfare, lodging, as well as any authorized outside services. These charges will appear separately on the invoice and also have the same payment terms as stated above. If payment is not received within 30 days after you receive your invoice, your account will be considered delinquent. In the event your account becomes delinquent, you should contact us without delay and we will make every effort to reach mutually agreeable payment terms. If, however, we are unable to do so,we reserve the right to cease working on your project until your account is current, or terminate our agreement. We will then take such collection steps as.we may deem appropriate under the circumstances. We are very pleased to be working with you and we appreciate the confidence you have placed in us. We will make every reasonable effort to achieve successful results for you and we look forward to a continued good relationship. oAadminVorms\billing fim 5 U41# Uai UU io:Ul kAA G1L Jb f ObOl DSU, INC. 0004 ---- STANDARD RATE SCHEDULE 2000 Staff Member Rate Principal $135.00 to$165.00 GIS Specialist $60.00 to$85.00 GIS Technician $45.00 to$65.00 Senior Planner $55.00 to$95.00 Planner $35.00 to$65.00 Landscape Architect $55.00 to$100.00 CADD Specialist $50.00 to$75.00 Draftsperson/Designer $35.00 to$65.00 Administrative Accountant $40.00 to$65.00 Administrative Assistant $35.00 to$50.00 Outside Consultants Cost Plus 5% Supplies. Cost Plus 15% Expenses Cost Plus 15% Mileage $0.325 Per Mile Travel Time Over 1 Hour 1/2 Hourly Rate Expert Testimony Two Times Hourly Rate (4 hour minimum) Special Counsel Howard Dahlgren $200.00 Public Presentations 1.5 Times Hourly Rate Past Due Accounts 1.5% Per Month DAHLGREN CONSULTING PLANNERS j UFAN LANDSCAPE ARCHITECTS CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 18,2000 SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: 2nd Reading of an Ordinance Amending City Management Services Code Chapters 2, 11 & 12 w 6-. Requested Action Move to: Approve the 2nd reading of an Ordinance amending the City Code by repealing Sections 11.66 and 12.03; ; amending Sections 2.29, 11,50 and 11.70 and provide for conforming changes throughout the City Code relating to Sections 2.22, 2.23, 2.24, 2.25,2.26, 2.27, and 2.28 and Adopt the Resolution approving the Summary Ordinance for publication. Synopsis This ordinance allows for conforming changes to be made in the City Code relating to recent Code changes to Boards and Commissions,repeals Section 11.66 relating to Family Care Homes and repeals section 12.03 as a result of a previous amendment to the Planned Unit Development size. The first reading of this Ordinance was approved at the March 21, 2000 Council meeting. Background Information The City Council adopted Ordinance 33-99 relating to Boards and Commissions on October 5, 1999 and adopted Ordinance 3-2000 relating to Planned Unit Development size on January 18, 2000. The State regulates Family Care Homes and City regulation is not necessary. CITY OF EDEN PRAIRIE HENNEPIN COUNTY AEUSMSOTA ORDINANCE NO. 14-2000 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING THE CITY CODE BY PROVIDING FOR CONFORMING CHANGES THROUGHOUT THE CITY CODE RELATING TO SECTIONS 2.22, 2.23, 2.24, 2.25, 2.26, 2.27, AND 2.28; AMENDING SECTIONS 2.29, 11.50, 11.70; REPEALING SECTIONS 11.66 AND 12.03; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTIONS 2.99, 3.99, 4.99, 5.99, 6.99, 7.99, 8.99, 9.99, 10.99 11.99, AND 12.99 WHICH AMONG OTHER THINGS PROVIDE FOR PENALTIES FOR VIOLATIONS THEREOF. THE CITY COUNCIL OF EDEN PRAIRIE,MI NESOTA ORDAINS: Section 1. The City Clerk shall amend the Eden Prairie City Code to reflect the organizational changes to Boards and Commissions adopted in Code Sections 2.22,2.23, 2.24, 2.25, 2.26,2.27, and 2.28 by changing each term under the column heading"EXISTING TERM" or respectively similar terms,wherever they appear in the Eden Prairie City Code to the corresponding term listed under the column heading"NEW TERM"or to a respectively similar term. EXISTING TERM 1. Parks,Recreation and Natural Resources Commission 2. Human Rights and Diversity Commission 3. Arts Commission 4. Environmental and Waste Management Commission 5. Planning Commission NEW TERM 1. Parks and Recreation Citizen Advisory Commission 2. Human Rights and Diversity Citizen Advisory Commission 3. Arts and Culture Citizen Advisory Commission 4. Environmental Education Citizen Advisory Commission 5. Community Planning Board Section 2. City Code Section 2.29, Subd. 3. shall be amended to read as follows: Maintenance and Operation. The Manager of Parks and Natural Resources shall advise the Council on all matters pertaining to the development and maintenance of the cemetery, including operation of the cemetery, status of records, upkeep of the grounds, annual budget for operation and upkeep thereof, and use of the cemetery perpetual care fund. The Council may adopt by resolution written rules and regulations pertaining to the cemetery. Section 3. City Code Section 11.50,Subd. 5,D. shall be amended to read as follows: The City Manager or designee shall submit a copy of the application to the Community Planning Board for an evaluation of the environmental impact of the proposed construction, and City Planner for their report and recommendations. Section 4. City Code Chapter 11, Sec. 11.66 is hereby repealed. Section 5. City Code Section 11.70, Subd. 3.CC. shall be amended to read as follows: A Planned Unit Development must contain at least 3 contiguous lots to support an Area Identification Sign. Section 6. City Code Section 12.03, Subd. 20. is hereby repealed. Section 7. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Sections 2.99, 3.99, 4.99, 5.99, 6.99, 7.99, 8.99, 9.99, 10.99, 11.99, and 12.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety,by reference, as though repeated verbatim herein. Section 8. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the day of , 2000, and finally read and adopted and ordered published at a regular meeting of the City Council of said Council on the day of , 2000. ATTEST: Kathleen Porta, City Clerk Jean L. Harris,Mayor PUBLISHED in the Eden Prairie News on the day of 22000. CITY OF EDEN PRAIRIE HENNEPIN COUNTY,IVIINNESOTA RESOLUTION NO.2000- A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. 14-2000 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 14-2000 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie held on the 18th day of April, 2000; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, THAT THE CITY COUNCIL FINDS, DETERMINES, AND ORDERS AS FOLLOWS: A. Ordinance No. 14-2000 is lengthy and/or contains charts. B. The text of the summary of Ordinance No. 14-2000, attached hereto as Exhibit A, conforms to M.S. § 331A.01, Subd. 10, and is approved, and publication of the title and summary of the Ordinance will clearly inform the public of the intent and effect of the Ordinance. C. The title and summary shall be published once in the Eden Prairie News in a body type no smaller than brevier or eight-point type. D. A printed copy of the Ordinance shall be made available for inspection by any person, during regular office hours, at the office of the City Clerk, and a copy of the entire text of the Ordinance shall be posted in the City offices. E. Ordinance No. 14-2000 shall be recorded in the Ordinance Book, along with proof of publication,within twenty(20) days after said publication. ADOPTED by the City Council on April 18,2000. Jean L. Harris,Mayor ATTEST: Kathleen Porta, City Clerk CITY OF EDEN PRAIRIE HENNEPIN COUNTY,NIINNESOTA SUMMARY OF ORDINANCE 14-2000 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,NIINNESOTA AMENDING THE CITY CODE BY REPEALING SECTION 11.66;AMENDING SECTIONS 2.29, 11.50, 11.70,AND 12.03; PROVIDING FOR CONFORMING CHANGES THROUGHOUT THE CITY CODE RELATING TO SECTIONS 2.22,2.23,2.24,2.25,2.26, 2.27,AND 2.28; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTIONS 2.99, 3.99, 4.99, 5.99, 6.99,7.99, 8.99,9.99,10.9911.99,AND 12.99 WHICH AMONG OTHER THINGS PROVIDE FOR PENALTIES FOR VIOLATIONS THEREOF. The following is only a summary of Ordinance No. 14-2000. The full text is available for public inspection by any person during regular office hours as the office of the City Clerk: City Code Section 2.29 Municipal Cemetery. The ordinance amends subdivision 3, Maintenance and Operation,by changing the reference in the subdivision to the Parks, Recreation and Natural Resources Commission to the Manager of Parks,Recreation and Natural Resources. City Code Section 11.50 Shoreland Management. The ordinance amends subdivision 5, D,by requiring that the application be submitted to the Community Planning Board, rather than the Parks,Recreation and Natural Resources Commission, for an evaluation of the environmental impact of the proposed construction and requiring the application be submitted to the City Planner, rather than the Planning Commission and the City Planner, for report and recommendations. City Code Section 11.70 Sign Permits. The ordinance amends subdivision 3.CC by eliminating the acreage requirement to support an Acreage Identification Sign. Provisions applicable to all City Code Sections. The ordinance makes changes to the entire Code to reflect organizational changes to Boards and Commissions made by the City. The new names of the City Boards and Commissions are: 1)Parks and Recreation Citizen Advisory Commission; 2) Human Rights and Diversity Citizen Advisory Commission; 3)Arts and Culture Citizen Advisory Commission; 4) Environmental Education Citizen Advisory Commission; 5) Community Planning Board Code Sections Repealed. City Code Section 11.66, entitled"Family Care Homes"and City Code Section 12.03 subdivision 20, entitled"Parks,Recreation and Natural Resources Commission" are repealed. ATTEST: Kathleen Porta, City Clerk Jean L. Harris,Mayor 15 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 18, 2000 SERVICE ITEM DESCRIPTION: ITEM NO.: AREA/DIVISION: Parks &Recreation Services Arbor Day Proclamation Requested Action Move to: Approve the Proclamation proclaiming May 6,2000 as Arbor Day in Eden Prairie. Synopsis The annual Arbor Day Walk is scheduled for Saturday, May 6, 2000, from 9:30-11:30 a.m., at Staring Lake Park. This activity will promote tree planting and care of trees in our community. Background Information For the past 19 years, Eden Prairie has held an Arbor Day activity as part of the City's Comprehensive Forestry Program. Attachments Proclamation PROCLAMATION ARBOR DAY-MAY 69 2000 WHEREAS,in 1872 J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of tress; and WHEREAS,this holiday, called Arbor Day,was first observed with the planting of more than a million trees; and WHEREAS,Arbor Day is now observed throughout the nation and the world; and WHEREAS,trees can reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs,moderate the temperature, clean the air,produce oxygen and provide habitat for wildlife; and WHEREAS, trees are a renewable resource giving us paper,wood for our homes, fuel for our fires and countless other wood products; and WHEREAS,trees in our city increase property values, enhance economic vitality of business areas, and beautify our community; and WHEREAS,trees,whenever they are planted, area a source of joy and spiritual renewal; and WHEREAS,Eden Prairie has been recognized a as Tree City USA by the National Arbor Day Foundation and desires to continue its tree planting ways. NOW,THEREFORE, I Jean L. Harris, Mayor of City of Eden Prairie do hereby proclaim May 6, 2000 as ARBOR DAY in the City of Eden Prairie, and I urge all citizens to support efforts to protect our trees and woodlands and to support our city's urban forestry program, and FURTHER,I urge all citizens to plant trees to gladden the hearts and promote the well being of present and future generations. ADOPTED,this 18t'day of April 2000. Jean L.Harris,Mayor c�, CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 18,2000 ITEM NO.: SERVICE AREA/DIVISION: ITEM DESCRIPTION: Public Safety Services Award of Firearms Purchase Contract Jim Clark Requested Action Move to: Accept bid and award contract to Streicher's Police Equipment for the purchase of police firearms and related leather gear(holsters and magazine pouches). Synopsis A request for bids to provide the City with duty handguns and related leather gear was properly advertised on March 9, 2000. Streicher's Police Equipment submitted a bid of$38,033 for the requested product. This was the only bid received under the rules set forth in the bidding instructions. Research of Streicher's bid showed that the bid was very fair and consistent with other awarded contracts for the same product. The City has been involved in many business transactions with Streicher's Police Equipment and has always found them to be a reputable dealer. Background Information It was decided that it would be in the best interest of the City to move from a practice of have officers provide their own duty handguns to one where the department issues City-owned handguns to its police officers. City-owned firearms will allow the department to better manage the equipment and provide better training as well as offering a safety benefit to the police officers. There is $15,000 the 2000 budget for acquisition of these firearms. The balance of funding for the purchase will be drawn from monies in a drug forfeiture account. CITY COUNCIL AGENDA DATE: April 18, 2000 SECTION: Consent Calendar SERVICE AREA/DIVISION: ITEM DESCRIPTION: Donation of Land from ITEM NO: Parks and Recreation Hustad Companies Robert A.Lambert Director ' 1�T Requested Action Move to: Accept the donation of Outlot A, Bluff Country Village to the City of Eden Prairie from Hustad'Companies concurrent with the platting of Bluffs Country Village. Synopsis Attached to this memorandum is a letter from Ruth and Wallace Hustad offering to donate Outlot A, Bluffs Country Village to the City of Eden Prairie. This outlot, adjacent to Pioneer Trail, contains a significant number of mature hardwood trees. Gifting this property to the City ensures that the trees will be preserved. With all of the grading that has been required due to the development of U.S. Highway 169 and County Road 1, the preservation of nearly an acre of mature trees will help to retain at least some remnant of the natural landscape at this entry to Eden Prairie. RAL:mdd APR 05 '00 01:4ePM P.2i2 Hustad COMPANIES March 28,2000 Mayor Jean Hauis and City Council Members City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Dear Mayor Harris: Paul Quarberg in our office has discussed with Bob Lambert the gifting of Outlot A, Bluffs Country Village to the City of Eden Prairie. Mr. Lambert suggested that we write to you . requesting the approval of such a gift, please accept this letter as our offer to the City of Eden Prairie to gift Outlot A, Bluffs Country Village. We would like this gift to occur simultaneously with the platting of the Bluffs Country Village, We hope you will finch this offer to be beneficial to the conununity. Best Reg Ruth and ace I-Iusta cc: City Council Members a-- 10400 Vikina Drive • Suitp-Ri n•Prim Drow;, IlAAI acnw A _ j^4-% --- - -- LC ram- 2• Jt [r 00 1 C . 7Q j 46 tt 91 4 8. cat � �' � �1 4- _ .� •; 9 LO oo 1-61 It 4 a i d i .r'a� SY �,\\\ 118 . 4 B.E. l O 3 � r22- �'s ° \55, 5 7 S M A ^71 7-2 Di Ir AA 7-7 ��. ~ 91 6 E.° , ELM.+6 ##30 CITY COUNCIL AGENDA DATE: April 18, 2000 SECTION: Consent Calendar SERVICE AREA/DIVISION: ITEM DESCRIPTION: Award Bid for the ITEM NO: Parks and Recreation Renovation of Flying Cloud Ballfields Robert A. Lambert Directorlo*p Requested Action Move to: Award the bid for the renovation of Flying Cloud Ballfields to Valley Paving, Inc. for an amount not to exceed$758,148.30. Synopsis Attached to this memo is March 14th letter from Jay Rubash of HTPO summarizing the three low bids of the 16 bids that were received for this project. City staff is recommending the use of the alternate bid allowing the use of recycled Class V for base material, which reduces the total bid by approximately $20,500. The City staff have delayed recommending the award of this bid due to the requirements of the FFA and the Metropolitan Airports Commission in approving this project. City staff believes all FFA and Metropolitan Airports Commission requirements have been met and recommend awarding the bid to Valley Paving,Inc. Construction on this project will begin immediately around the perimeter of the ballfields. Use of the ballfields will not be affected until July 15th. From July 15th to September lst access will be limited to the western en try at Flying Cloud ballfields. The Soccer Association has decided to cancel the fall soccer program to ensure this project is completed this year and the fields are ready for the spring of 2001. The Baseball Association will utilize the fields throughout the summer and the Eden Prairie Football Association will utilize the fields this fall. The project will significantly improve the safety of the access to this site, and will expand the number of parking spaces to accommodate the existing number of users. The funding source for this project is cash park fees. BL:mdd HALambert 2000\P,ward Bid for FC Ballfields Engineers • Surveyor: . Landscape Architects March 14,2000 City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 Attn: Mr. Robert Lambert Re: Construction Bids for the Renovation of Flying Cloud Ball Fields. Dear Mr.Lambert: Bids were received and opened at 10:00 a.m.Monday,March 13, 2000,for the above referenced project. Sixteen bids were received, all bidders acknowledged receipt of Addenda#1. The three low base bids are as follows: Bidder Bid Security Total Bid Northwest Asphalt Inc. yes $778,697.35 Valley Paving Inc. yes $802,148.30 Hardrives Inc. yes $819,108.20 The three low Alternate Bids, allowing the use of recycled Class 5 are as follows: Bidder Bid Security Alternate Bid Valley Paving Inc. yes $758,148.30 Northwest Asphalt Inc. yes $760,745.35 Don Zappa&Sons Inc. yes $779,497.00 Engineer's Estimate totaled$1,124,945.50 Base Bid and $1,098,545.50 Alternate Bid. Recommendation is made that the City Council award the Renovation of Flying Cloud Ball Field Alternate Bid to Valley Paving Inc. Respectfully, HANSEN THORP PELLINEN OLSON, INC. f Jay T.Rubash P.E. JTR:tlb 7565 Office Ridge Circle• Eden Prairie•Minnesota•55344•612-829-0700• FAX 612-829 7806 16743 East Palisades Blvd#i:203 • Fountain Hills•Arizona•85268•602-836-0535• FAX 602-836-0575 Hansen Thorp Pellinen Olson Inc. CITY COUNCIL AGENDA DATE: April 18, SECTION: Consent Calendar 2000 SERVICE AREA/DIVISION: ITEM DESCRIPTION: Award Bid for Nesbitt ITEM NO: Parks and Recreation Servicew Preserve Park Playstructure Stuart A. Fox,Manager Parks & . L Natural Resources Requested Action Move to: Award contract for installation of $40,000 of playground equipment- at Nesbitt Preserve Park Playground to Earl F. Anderson, Inc. Synopsis City staff advertised.for replacement of the Nesbitt Preserve Park playstructure and received five bids. The manufacturers were invited to meet with the neighbors on March 20t'. Each representative presented their proposed playstructure and answered questions from the audience. Based on feedback from neighbors that attended the meeting, they recommended the playstructure proposed by Earl F. Anderson, Inc. The staff concurs with their feedback and recommends the same vendor. Background Information The 2000 budget included $50,000 for replacement of the Nesbitt Preserve Park playstructure. Invitations to bid on the project were sent to six playground manufacturers and five proposals were received. The proposed budget for this project was $40,000 of playground equipment and $10,000 for site work and restoration. The five proposals were received from: • Earl F. Anderson, Inc. •. Miracle Recreation of Minnesota,Inc. • St. Croix Recreation Company, Inc. • Flanagan Sales, Inc. • Midwest Playscapes, Inc. Each of the submitted proposals met the guidelines as detailed in the Request for Proposal and Bid Specifications that were sent to each of the playground manufacturer representatives. The proposed time frame is that installation would be completed by July 2000. SAF:mdd HAStuart 2000\Award Bid Preserve Playground 1 CITY COUNCIL AGENDA DATE: April 18, 2000 SECTION: Consent Calendar SERVICE AREA/DIVISION: ITEM DESCRIPTION: Change Order for ITEM NO: Parks and Recreation Nesbitt Preserve Park Project/Round Lake Boat -- Robert A.Lambert Directo House, Requested Action Move to: Approve Change Order for the Nesbitt Preserve/Round Lake Park Improvement Project to add construction of the Round Lake boat house based on the contract documents dated July 20, 1999 and the bid of $46,200 received on August 5, 1999. Synopsis The original project for improving Nesbitt Preserve Park was included in the plans and specifications as an alternate bid for the replacement of the boathouse at Round Lake Park. At the time the City Council awarded the bid there had been no decision made on the future of Round Lake beach or the use of the marina at Round Lake Park. Because the future of the use of the Round Lake swimming beach was uncertain, staff recommended rejecting the bid for replacing the boathouse at Round Lake Marina. Since that time, the Council has directed staff to obtain plans and specifications for installation of a water curtain and extending the pipe to augment fresh water behind the curtain at the swimming beach to ensure the future of a clean, safe swimming environment at Round Lake beach. With this long-term commitment to retaining swimming at Round Lake beach, staff is recommending the continuation of the marina at Round Lake beach to retain the opportunity to provide canoeing, sailing, and paddle boating at Round Lake. The bid for the Round Lake boathouse the City received from Ingraham Excavating, Inc. was an excellent bid and staff is recommending approving the Change Order to add that alternate bid to the contract. BL:mdd H./Lambert 2000\Change Order Round Lake Boat House 04/03/2000 12:23 6125455433 ERICKSON PAGE 01 DELANO EIVU M ARCHR' M 7,M WAYlATA•C AMVAlO' { IMEAMLS IN1 W4W' 6N-w. March 31,2000 Mr.Bob Lambert City of Eden Prairie 8080 Mitchell Road Eden Prairie;'MN'55347 Re: Round Lake Boathouse Commission No. 9910.1 Dear Bob, We have prepared a change order for adding the boathouse to the Nesbitt Park Project as originally bid. We recommend this change order to Ingram Excavating since their bid was low at$41%200.00 and it will save time and money to proceed with the same contractor instead of re-bidding and preparing new contracts. Sincerely, DELANO ERICKSON ARCHITECTS ..Ml Erickson,AIA DE/rnan a 04/03/2000 12:23 6125455433 ERICKSON PAGE 02 CHANGE Distribution Io: ORDER OWNER U ARCHITECT• 13 AIA 00C'UMENT C,701 CONTRACTOR ❑ FIELD ❑ OTHER PROJECT: Nesbitt&:Rdundlake•Park!Sheltera : -CH ANt;E ORDER NUMBER: Four (name, address) Center Way at Northmark Eden Prairie, MN 55344 INITIATION DATE: March 15, 2000 TO (Contractor): ARCHITECT'S PROJECT NO: 9910 INGRAM EXCAVATING, INC. 18900 Pioneer Trail CONTRACT FOR: General Construction. Eden Prairie, MN 55344 f CONTRACT DATE: August 18, IM You are directed to make the following changes in this Contract: Add construction of Round Lake Boathouse based on the contract documents dated 07/20/00 and Bid of $46,200.00 on August 5, 1999. Not valid until signed by both the Owner and Architect. Signature of the Contractor indicates his agreement herewith, including any adjustment in the Contract Sum or Contract Time. The original (Contract Sum) was ....... .... .. . .. ..... ...... $364,908.00 Net change by previously authorized Change Orders .. ..... ........... . ... .... .. ....... $ 18,412.00 The (Contract Sum) (t�� r}tyft�¢yi/vtf'�6cj4y(�t�i/t'c )!j prior to this Change Order was . ... ... ... $383,320.00 The (Contract Sum) will be (increased) (CyWWV(0A0y"AiVC$ 46,200.00 by this Change Order . ..... ............ .. .... . .. .. ........ . .. . . . . .. ........... $ The new(Contract Sum) f�1Matc"VIII p including this Change Order will be .. . $429�520.00 The Contract Time will be (increased) by One Hundred Eighty ( 180 ) Days. The Date of Substantial Completion as of the date of this Change Order therefore is June 15, 2000 Authorized: DELANO ERICKSON ARCHITECTS— INGRAM EXCAVATING, INC. CITY OF EDEN PRAIRIE ARCHITECT CONTRACTOR OWNER 7415 Wayzata Rlvd 1$900 P;nnPpr Trail 9080 M1'finhpl] Rd. Address Address Address St. Louis Park, Ir11� Eden Prairie, MN 55344 Eden Prairie, MN BY BY BY DATE DATE DATE AIA DOCUMENT G701 CHANGE ORDER • APRIL 1978 EDITION - AIAO • C 1978 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE..N.W..WASHINGTON. D.C.2IH) , G701-1978 3 CITY COUNCIL AGENDA DATE: April 18, 2000 SECTION: Consent Calendar SERVICE AREA/DIVISION: ITEM DESCRIPTION: I.C.99-5497 ITEM NO.: Public Works Construction Cooperative Agreement with Engineering Services Hennepin County for Traffic Signal at CSAH 1 N . Rodney W. Rue (Pioneer Trail) and Staring Lake Parkway/ Flying Cloud Fields Requested Action Move to: Approve resolution authorizing the Mayor and City Manager to execute Construction Cooperative Agreement No. PW09-49-00 for traffic signal installation at CSAH 1 (Pioneer Trail) and Staring Lake Parkway/Flying Cloud Fields. Synopsis This agreement identifies the financial and maintenance responsibilities for the proposed traffic signal at the CSAH 1 and Staring Lake Parkway intersection. This signal was incorporated into the Park's Flying Cloud Fields project and therefore, the entire cost of this signal is being financed through their project funds. In addition to 100% of the construction costs for this signal, this agreement indicates that the City is also responsible for the signal cabinet and controller(estimated at$15,000). Attachments Construction Cooperative Agreement No.PW09-49-00 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,NIINNESOTA APPROVAL OF CONSTRUCTION COOPERATIVE AGREEMENT FOR TRAFFIC SIGNAL AT CSAH 1 (PIONEER TRAIL)AND STARING LAKE PARKWAY/FLYING CLOUD FIELDS INTERSECTION I.C. 99-5497 WHEREAS, Eden Prairie has prepared construction plans for a traffic signal at the CSAH 1 (Pioneer Trail) and Staring Lake Parkway/Flying Cloud Fields intersection; WHEREAS, a Construction Cooperative Agreement has been prepared by Hennepin County which identifies the maintenance and financial obligations for the said improvements. NOW, THEREFORE,.BE IT RESOVED by the City Council of the City of Eden Prairie that said Construction Cooperative Agreement No. PW 09-49-00 for County Project No. 9945 (City Project 99-5497) is hereby approved and the Mayor and City Manager are authorized to execute the agreement on behalf of the City of Eden Prairie. ADOPTED by the City Council of the City of Eden Prairie on April 18, 2000. Jean L.Harris,Mayor ATTEST: SEAL Kathleen A Porta, City Clerk 2. fY Yr XpY Hennepji!jnt{=11pportunitFl:nmPlayer �a April 3. 2000 Mr. Gene Dietz City of Eden Prairie 8080 Mitchell Road Eden Prairie, Mn. 55344 AGREEMENT NO.PW 09-49-00 CSAH 1 COUNTY PROJECT 9945 Dear Mr. Dietz Submitted for approval are two copies of the above referenced agreement. If the agreement is satisfactory,please have both copies signed by the appropriate officials and return them to this office. Also,please return two certified copies of a resolution authorizing these officials to sign the agreement. Upon completion of the remaining signatures by Hennepin County officials,we will send you one fully executed copy for your files. If you have any questions concerning the agreement,please call Harlan Hanson at(763) 745- 7673. Please call Bruce Curtiss at(763) 745-7664 to arrange for pick up by Hennepin County. Sincerely, Bruce M. Polaczyk,P.E. Design Engineer Transportation Department 1600 Prairie Drive Recycled Paper Medina,MN 55340-5421 (612)745-7500 FAY (612)478-4000 TDD:(612)852-6760 3 Agreement No.PW 09-49-00 County Project No. 9945 County State Aid Highway No. I City of Eden Prairie County of Hennepin CONSTRUCTION COOPERATIVE AGREEMENT THIS AGREEMENT,Made and entered into this day of ,2000, by and between the County of Hennepin, a body politic and corporate under the laws of the State _ of Minnesota,hereinafter referred to as the "County", and the City of Eden Prairie,a body politic and corporate under the laws of the State of Minnesota,hereinafter referred to as the "City". WITNESSETH: WHEREAS,The City desires to renovate and improve the park facility known as the Flying Cloud Ball Fields; and WHEREAS,As part of the renovation of the Flying Cloud Ball Fields,the City desires to improve the access from County State Aid Highway(CSAH) 1 (a.k.a. Pioneer Trail)to said park facility; and WHEREAS, Said improvement of the access contemplates minor road work and construction of a temporary wood pole traffic control signal system at the intersection of CSAH 1 and Staring Lake Parkway within the City limits; and WHEREAS,The aforementioned road work shall be accomplished under Hennepin County Permit No. 4434, and both the City and the County agree that it is desirable to construct a temporary wood pole traffic control signal system with Emergency Vehicle Preemption(EVP) at said intersection; and WHEREAS, Said temporary wood pole traffic control signal system described immediately above, shall be identified and accomplished under Hennepin County Project No. 9945 hereinafter referred to as the "Project"; and WHEREAS,The City or its agents has prepared plans and specifications for the construction of said Project; and WHEREAS,The City has requested that the County approve said plans and specifications and that the County authorize the City to perform the work in accordance with said plans and specifications for said Project; and :� L� �-L Agreement No.PW 09-49-00 CSAH 1, C.P. 9945 WHEREAS,The County has indicated its willingness to approve said plans and specifications and provide said authorization to the City under the terms and conditions as hereinafter set forth;and WHEREAS,To ensure compatibility with the County's existing network of traffic signal systems the County will furnish the controller, control equipment-and control cabinet to be installed as a part of said Project; and WHEREAS,It is contemplated that said work be carried out by the parties hereto under the provisions of Minnesota Statutes, Section 162.17, Subdivision 1 and Section 471.59. NOW THEREFORE,IT IS HEREBY AGREED: I The City shall submit for approval by the County,two (2) complete sets of plans and specifications for the Project. II . The City or its agents at the sole cost and expense of the City, shall prepare the necessary ,plans, specifications, and proposal; shall advertise for bids for the work and construction,receive and open bids pursuant to said advertisement and enter into a contract with the successful bidder at the unit prices specified in the bid of such bidder. The contract will include the plans and specifications prepared by the City or its agents and approved by the County,which said plans and specifications are by this reference made a part hereof. III The City shall also apply for, and comply with, at its sole cost and expense, all permits and approvals from all other governmental or regulatory agencies as may be required to accomplish said Project. Said permits and approvals shall be obtained prior to the start of any construction and made available to the County upon request. IV All construction costs on the Project,including 100%of the signal installation costs, shall be the responsibility of the City,there shall be no cost to the County for said Project. V Prior to beginning construction,the City shall f n-nish the County with two (2)complete sets of County approved plans and specifications. Said plan sets shall all be on 11"by 17"paper. ,�-Z6 Agreement No.PW 09-49-00 CSAH 1,C.P. 9945 VI The City or its agents will administer the construction contract and document the contract work contemplated herewith in accordance with said County approved plans and the materials sampling and testing requirements of the Minnesota Department of Transportation Division of State Aid. The County Engineer and his staff shall cooperate with the City Engineer and his staff to the extent necessary and shall have the right to enter upon the Project at any time to make any inspections deemed necessary,but will have no responsibility for the supervision of the work. The City or its agents will prepare weeldy progress reports as provided in the specifications. A copy of these reports will be furnished to the County upon request. VH The City or its agents have heretofore prepared an Engineer's Estimate of quantities and unit prices for the above described Project in the sum of Seventy Six Thousand Dollars and No cents ($76,000.00). VIH The City or its agents, at its or their own expense, shall acquire all additional right of way, permits and/or easement required for the construction of said Project. Upon completion of the Project, all.permanent right of way acquired for CSAH 1 as provided herein shall be conveyed to the County with no consideration required. IX The County will supply the'traffic signal cabinet, controller and control equipment for the Project. The City shall reimburse the County for one hundred(100)percent of the costs of the County supplied equipment. The estimated cost of said County supplied equipment is Fifteen Thousand Dollars and No Cents ($15,000.00). It is further agreed that said estimate of the costs of County supplied equipment is an estimate and that the actual quantities of equipment as determined by the County Engineer shall govern in computing the total final cost to the City. The County will invoice the City for said County supplied equipment. Payment shall be made to the County by the City for the full amount due stated on the invoice within forty five(45) days of the invoice date. All payments to the County must be postmarked by the date due or a late penalty of one(1) percent per month, or fraction thereof, on the unpaid balance will be charged to the City. The City shall pay the amount due as stated on the invoice, notwithstanding any dispute of such amount. Should a disputed amount be resolved in favor of the City,the County shall reimburse the disputed ;31 6 wL Agreement No.PW 09-49-00 CSAH 1, C.P. 9945 amount plus daily interest thereon calculated from the date such disputed amount was received by the County. Daily interest shall beat the rate of one(1%)percent per month on the disputed amount. X The City shall notify the County Traffic Operations.Engineer one(1)month in advance of need of the County supplied equipment. The County shall notify the City when the County supplied equipment is ready to be picked up for field installation. It shall be the responsibility of the City or its agents to pick up the County supplied equipment at the Hennepin County Department of Transportation,Public Works Facility in Medina,Minnesota and install said equipment on the Project. XI The City shall notify the County a minimum of one (1)week prior to the date of any signal turn on. The County's Traffic Operations Engineer or his designated representative must be present at the. time any signal systems are turned on. The County hereby reserves the right to perform final inspection of the signal system at the time of energizing and also the right to require any modifications prior to approving the system for operation. No signal system may be placed in operation without approval of the installed system by the County. XII The City shall install, or cause the installation of an adequate three wire, 120/240 volt, single phase, alternating current electrical power connection to the traffic control signals and integral street lights included in said Project at the sole cost and expense of the City. Further,the City shall provide the electrical energy for the,operation of said traffic control signals and integral street lights at the sole cost and expense of the City. XHI The City shall not revise by addition or deletion,nor alter or adjust any component,part, sequence, or timing of the aforesaid traffic control signals,however,nothing herein shall prohibit prompt,prudent action by properly constituted authorities in situations where a part of such traffic control signals may be directly involved in an emergency. XIV All extra work orders or changes in the plans of said Project affecting any construction on CSAH 1 shall be subject to approval of the County Engineer or his designated representative prior to performing the work in accordance with such extra work orders or changes in the plans. -� WL- Agreement No. PW 09-49-00 CSAH 1,C.P. 9945 XV Upon completion of this Project,the County shall thereafter maintain and repair said traffic control signal system installed as part of said Project including all components of the Emergency Vehicle Preemption(EVP), all at the sole cost and expense of the County. Further,the County,at its expense,shall maintain 110 volt power to the line side of the fuse in the junction box of the signal poles for the integral street lights. The City, at its expense, shall maintain the fuse,the luminaire and the wire to the load side of the fuse in the junction box of the signal poles. The EVP System installed as part of said Project shall be installed,operated,maintained or removed in accordance with the following conditions and requirements: (1) Emitter units may be installed and used orily on vehicles responding to an emergency as defined in Minnesota Statutes Chapter 169.01, Subdivision 5 and 169.03. The City will provide the County Engineer or his duly appointed representative a list of all such vehicles with emitter units. (2) Malfunctions of the EVP Systems shall be reported to the County immediately. (3) In the event said EVP Systems or components are,in the opinion of the County,being misused or the conditions set forth herein are violated, and such misuse or violation continues after receipt by the City of written notice thereof from the County,the County shall remove the EVP Systems. Upon removal of the EVP Systems pursuant to this paragraph,the field wiring, cabinet wiring, detector receivers, infrared detector heads and indicator lamps and all other components shall become the property of the County. (4) All timing of said EVP Systems shall be determined by the County. XVI All records kept by the City and the County with respect to this Project shall be subject to examination by the representatives of each party hereto. XVH Upon completion of the Project,the City shall thereafter maintain and repair all street lighting installed as part of said Project, and the City shall also provide the electrical energy for the operation of said street lights, all at the sole cost and expense of the City. XVIII Upon completion of the Project the City or its agents shall furnish the County with one (1) complete set of as-built signal plans and wiring diagrams. Said plans and diagrams shall all be on 11"X 17" bond paper and furnished at no cost to the County. $` WL Agreement No.PW 09-49-00 CSAH 1,C.P. 9945 XIX It is understood and agreed that upon completion of any and all improvements proposed herein, all street lighting included in said improvement shall become the property of the City and all maintenance,restoration,repair,replacement or other work or services required thereafter shall be performed by the City at its own expense. The City agrees to defend, indemnify and hold harmless the County,its officials,officers, agents,volunteers, and employees from any liability, claims causes of action,judgments, damages, losses, costs or expenses,including reasonable attorney's fees,resulting directly or indirectly from any act or omission of the City,its subcontractors, anyone directly or indirectly employed by them, and/or anyone for whose acts and/or omissions they may be liable related to the ownership, maintenance, existence,restoration,repair or replacement of the City owned improvements. XX Each parry agrees that it will be responsible for its own acts and the results thereof,to the extent authorized by the law, and shall not be responsible.for the acts of the other party and the results thereof. The County's and the City's liability is governed by the provisions of Minnesota Statutes, Chapter 466. The County and the City each warrant that they are able to comply with the aforementioned indemnity requirements through an insurance or self-insurance program. XXI The City also agrees that any contract let by the City or its agents for the performance of the work on County State Aid Highway No. 1 as provided herein shall include clauses that will: (1) Require the Contractor to defend, indemnify, and save harmless the County, its officials, officers, agents, volunteers and employees from any liability, claims,causes of action,losses, demands, damages,judgements,costs,interest, expenses (including,without limitation,reasonable attorney's fees,witness fees,and disbursements incurred in the defense thereof) arising out of or by reason of the negligence of the said Contractor, its subcontractors, anyone directly or indirectly employed by them, and/or anyone for whose acts and/or omissions they may,be liable. (2)Require the Contractor to be an independent contractor for the purposes of completing the work provided for in this Agreement. (3)Require the Contractor to provide and maintain insurance in accordance with the following: - 1. Commercial General Liability on an occurrence basis with Contractual Liability and Explosion, Collapse and Underground Property Damage(XCU)Liability coverages: Limits General Aggregate $1,000,000 Products--Completed Operations Aggregate $1,000,000 Personal and Advertising Injury $1,000,000 Each Occurrence- Combined Bodily Injury and Agreement No.PW 09-49-00 CSAH 1, C.P. 9945 Property Damage $1,000,000 2. Automobile Liability: Combined Single limit each occurrence coverage or the equivalent covering owned, non-owned, and hired automobiles: $1,000,000 3. Workers' Compensation and Employer's Liability: A. Workers' Compensation Statutory If the Contractor is based outside the State of Minnesota, coverages must apply to Minnesota laws. r B. Employer's Liability-Bodily injury by- Each Accident $100,000 Disease-Policy Limit $500,000 Disease-Each Employee $100,000 An Umbrella Liability policy over primary liability insurance coverages is an acceptable method to provide the required insurance limits. The above subparagraphs establish minimum insurance requirements, and it is the sole responsibility of the City's Contractor to purchase and maintain additional insurance that may be necessary for the Project. All insurance policies shall be open to inspection by the County and copies of policies shall be submitted to the County upon written request. XXH It is further agreed that any and all employees of the City and all other persons engaged by the City in the performance of any work or services required or provided for herein to be performed by the City shall not be considered employees of the County, and that any and all claims that may or might arise under the Workers'Compensation Act or the Minnesota Economic Security Law on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged on any of the work or services provided to be rendered herein shall in no way be the obligation or responsibility of the County. Also, any and all employees of the County and all other persons engaged by the County in the performance of any work or services required or provided for herein to be performed by the County shall not be considered employees of the City, and that any and all claims that may or might arise under the Workers' Compensation Act or the Minnesota Economic Security Law on y AQ WL Agreement No.PW 09-49-00 CSAH 1, C.P.9945 behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged on any of the work or services provided to be rendered herein shall in no way be the obligation or responsibility of the City. xxM - In order to coordinate the services of the County with the activities of the City so as to accomplish the purposes of this Agreement,the Hennepin County Engineer or his designated representative shall manage this Agreement on behalf of the County and serve as liaison between the County and the City. In order to coordinate the services of the City with the activities of the County so as to accomplish the purposes of this Agreement,the City Engineer or his designated representative shall manage this Agreement on behalf of the City and serve as liaison between the City and the County. XXW It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supersedes all permits, oral-agreements and negotiations between the parties relating to the subject matter hereof. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. Any alterations,variations,modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties hereto. XXV The provisions of Minnesota Statutes 181.59 and of any applicable local ordinance relating to civil rights and discrimination and the Affirmative Action Policy statement of Hennepin County shall be considered a part of this Agreement as though fully set forth herein. (THIS SPACE LEFT INTENTIONALL Y BLANK) (1 WL Agreement No.PW 09-49-00 CSAH 1, C.P. 9945 IN TESTIMONY WHEREOF,The parties hereto have caused this Agreement to be executed by their respective duly authorized officers as of the day and year first above written. CITY OF EDEN PRAER E (Seal) By: Mayor Date: And: Manager Date: COUNTY OF]HENNEPIN ATTEST: By: By: Deputy/Clerk of the County Board Chair of its County Board Date: Date: APPROVED AS TO FORM: And: Assistant/Deputy/County Administrator By: Date: As 'stant County Attorney And: Date- Assistant County Administrator, Public Works and County Engineer Date: APPROVED AS TO EXECUTION: RECOMMENDED FOR APPROVAL By: By: Assistant County Attorney Director,Transportation Department Date: Date: CITY COUNCIL AGENDA DATE: April 18,2000 SECTION: Consent Calendar SERVICE AREA/DIVISION: ITEM DESCRIPTION: LC. 00-5511 ITEM NO.: Public Works Construction Cooperative Agreement with Engineering Services Hennepin County for Traffic Signal at CSAH 1 Rodney W.Rue (Pioneer Trail) and Dell Road Requested Action Move to: Approve resolution authorizing the Mayor and City Manager to execute Construction Cooperative Agreement No. PWl1-49-00 for traffic signal installation at CSAH 1 (Pioneer Trail) and Dell Road. Synopsis This agreement identifies the financial and maintenance responsibilities for the proposed traffic signal at the CSAH 1 and Dell Road intersection. This signal is a requirement of the Oakparke Developer's Agreement with the entire cost of this signal being financed through their project funds. In addition to 100% of the construction costs for this signal, this agreement indicates that the City is responsible for the signal cabinet and controller(estimated at$15,000). This cost will also be a developer's responsibility. Attachments Construction Cooperative Agreement No.PW11-49-00. CITY OF EDEN PRAIRIE HENNEPIN COUNTY,M1NNESOTA APPROVAL OF CONSTRUCTION COOPERATIVE AGREEMENT FOR TRAFFIC SIGNAL AT CSAH 1 (PIONEER TRAIL) AND DELL ROAD INTERSECTION I.C. 00-5511 WHEREAS,Eden Prairie (through Oakparke's consultant) has prepared construction plans for a traffic signal at the CSAH 1 (Pioneer Trail) and Dell Road intersection; WHEREAS, a Construction Cooperative Agreement has been prepared by Hennepin County which identifies the maintenance and financial obligations for the said improvements. NOW, THEREFORE,BE IT RESOVED by the City Council of the City of Eden Prairie that said Construction Cooperative Agreement No. PW 11-49-00 for County Project No. 9946 (City Project 00-5511) is hereby approved and the Mayor-and City Manager are authorized to execute the agreement on behalf of the City of Eden Prairie. ADOPTED by the City Council of the City of Eden Prairie on April 18, 2000. Jean L.Harris,Mayor ATTEST: SEAL Kathleen A. Porta, City Clerk R CITY OF EDEN PRAIRIE HENNEPIN COUNTY,M3NNESOTA APPROVAL OF CONSTRUCTION COOPERATIVE AGREEMENT FOR TRAFFIC SIGNAL AT CSAH 1 (PIONEER TRAIL) AND DELL ROAD INTERSECTION I.C. 00-5511 WHEREAS,Eden Prairie (through Oakparke's consultant)has prepared construction plans for a traffic signal at the CSAH 1 (Pioneer Trail) and Dell Road intersection; WHEREAS, a Construction Cooperative Agreement has been prepared by Hennepin County which identifies the maintenance and financial obligations for the said improvements, NOW, THEREFORE, BE IT RESOVED by the City Council of the City of Eden Prairie that said Construction Cooperative Agreement No. PW 11-49-00 for County Project No. 9946 (City _ Project 00-5511) is hereby approved and the Mayor-and City Manager are authorized to execute the agreement on behalf of the City of Eden Prairie. ADOPTED by the City Council of the City of Eden Prairie on April 18, 2000. Jean L.Harris,Mayor ATTEST: SEAL Kathleen A.Porta, City Clerk GASSAICOUNCIL 2DOpW05511 5gnal Apnxmentdoc f Agreement No.PW 11-49-00 County Project No. 9946 County State Aid Highway No. 1 City of Eden Prairie County of Hennepin CONSTRUCTION COOPERATIVE AGREEMENT THIS AGREEMENT,Made and entered into this day of , 2000, by and between the County of Hennepin, a body politic and corporate under the laws of the State of Minnesota,hereinafter referred to as the "County", and the City of Eden Prairie, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "City". WITNESSETH: WHEREAS,There has been a considerable amount of residential development in the southwest corner of the City; and WHEREAS,In the southwest corner of the City, south of the intersection of County State Aid Highway(CSAH) 1 (a.k.a. Pioneer Trail)and Dell Road a major residential subdivision to is to be built; and WHEREAS,As part of said subdivision, Dell Road south of CSAH 1 will be relocated to the east to match the location.of Dell Road north of CSAH 1; and WHEREAS,The relocation of Dell Road along with the increase in traffic that will be generated from said subdivision will result in an intersection that cannot be adequately and safely controlled with the existing stop signs,the City and County agree that it is desirable to construct a temporary wood pole traffic control signal system with Emergency Vehicle Preemption(EVP) and related minor road work at said intersection; and WHEREAS, Said temporary wood pole traffic control signal system and minor road work described immediately above, shall be identified and accomplished under Hennepin County Project No. 9946 hereinafter referred to as the "Project"; and WHEREAS,The City or its agents has prepared plans and specifications for the construction of said Project; and WHEREAS,The City has requested that the County approve said plans and specifications and that the County authorize the City to perform the work in accordance with said plans and specifications for said Project; and Agreement No.PW 11-49-00 CSAH 1, C.P. 9946 WHEREAS,The County has indicated its willingness to approve said plans and specifications and provide said authorization to the City under the terms and conditions as hereinafter set forth; and WHEREAS,To ensure compatibility with the County's existing network of traffic signal systems the County will ftumish the controller, control equipment and control cabinet to be installed as apart of said Project; and WHEREAS,It is contemplated that said work be carried out by the parties hereto under the provisions of Minnesota Statutes, Section 162.17, Subdivision 1 and Section 471.59. NOW THEREFORE,IT IS HEREBY AGREED: I The City shall submit for approval by the County,two (2) complete sets of plans and specifications for the Project. II The City or its agents at the sole cost and expense of the City, shall prepare the necessary plans, specifications,-and proposal; shall advertise for bids for the work and construction,receive and open bids pursuant to said advertisement and enter into a contract with the successful bidder at the unit prices specified in the bid of such bidder. The contract will include the plans and specifications prepared by the City or its agents and approved by the County,which said plans and specifications are by this reference made a part hereof. III The City shall also apply for, and comply with, at its sole cost and expense, all permits and approvals from all other governmental or regulatory agencies as may be required to accomplish said Project. Said permits and approvals shall be obtained prior to the start of any construction and made available to the County upon request. IV All construction costs on the Project,including 100% of the signal installation costs, shall be the responsibility of the City,there shall be no cost to the County for said Project. V Prior to beginning construction,the City shall furnish the County with two (2) complete sets of County approved plans and specifications. Said plan sets shall all be on 11"by 17" paper. S WL Agreement No.PW 11-49-00 CSAH 1, C.P. 9946 VI The City or its agents will administer the construction contract and document the contract work contemplated herewith in accordance with said County approved plans and the materials sampling and testing requirements of the Minnesota Department of Transportation Division of State Aid. The County Engineer and his staff shall cooperate with the City Engineer and his staff to the extent necessary and shall have the right to enter upon the Project at any time to make any inspections deemed necessary,but will have no responsibility for the supervision of the work. The City or its agents will prepare weekly progress reports as provided in the specifications.' A copy of these reports will be furnished to the County upon request. VII The City or its agents have heretofore prepared an Engineer's Estimate of quantities and unit prices for the above described Project in the sum of Two Hundred'Seven Thousand Six Hundred Twenty Five Dollars and No cents ($207,625.00).. VIII The City or its agents, at its or their own expense, shall acquire all additional right of way, permits and/or easement required for the construction of said Project. Upon completion of the Project, all permanent right of way acquired for CSAH 1 as provided herein shall be conveyed to the County with no consideration required. IX The County will supply the traffic signal cabinet, controller and control equipment for the Project. The City shall reimburse the County for one hundred(100) percent of the costs of the County supplied equipment. The estimated cost of said County supplied equipment is Fifteen Thousand Dollars and No Cents ($15,000.00). It is fiuther agreed that said estimate of the costs of County supplied equipment is an estimate and that the actual quantities of equipment as determined by the County Engineer shall govern in computing the total final cost to the City. The County will invoice the City for said County supplied equipment. Payment shall be made to the County by the City for the full amount due stated on the invoice within forty five (45) days of the invoice date. All payments to the County must be postmarked by the date due or a late penalty of one (1) percent per month, or fraction thereof, on the unpaid balance will be charged to the City. The City shall pay the amount due as stated on the invoice,notwithstanding any dispute of such amount. Should a disputed amount be resolved in favor of the City,the County shall reimburse the disputed -16 WL - Agreement No. PW 11-49-00 CSAH 1, C.P. 9946 amount plus daily interest thereon calculated from the date such disputed amount was received by the County. Daily interest shall be at the rate of one(1%)percent per month on the disputed amount. X It is hereby understood that the City shall not receive credit for any of the costs expended by it for the installation of the temporary traffic signal system provided for in this Agreement at such time if or when a permanent traffic signal is installed at said intersection. XI The City shall notify the County Traffic Operations Engineer one (1)month in advance of need of the County supplied equipment. The County shall notify the City when the County supplied equipment is ready to be picked up for field installation. It shall be the responsibility of the City or its agents to pick up the County supplied equipment at the'Hennepin County Department of Transportation,Public Works Facility in Medina,Minnesota and install said equipment on the Project. The City shall notify the County a minimum of one(1)week prior to the date of any signal turn on. The County's Traffic Operations Engineer or his designated representative must be present at the time any signal systems are turned on. The County hereby reserves the.right to perform final inspection of the signal system at the time of energizing and also the right to require any modifications prior to approving the system for operation. No signal system may be placed in operation without approval of the installed system by the County. XIII The City shall install, or cause the installation of an adequate three wire, 120/240 volt, single phase, alternating current electrical power connection to the traffic control signals and integral street lights included in said Project at the sole cost and expense of the City. Further, the City shall provide the electrical energy for the operation of said traffic control signals and integral street lights at the sole cost and expense of the City. XIV The City shall not revise by addition or deletion, nor alter or adjust any component, part, sequence, or timing of the aforesaid traffic control signals,however,nothing herein shall prohibit prompt,prudent action by properly constituted authorities in situations where a part of such traffic control signals may be directly involved in an emergency. Agreement No.PW 11-49-00 CSAH 1, C.P. 9946 XV All extra work orders or changes in the plans of said Project affecting any construction on CSAH 1 shall be subject to approval of the County Engineer or his designated representative prior to performing the work in accordance with such extra work orders or changes in the plans. XVI Upon completion of this Project,the County shall thereafter maintain and repair said traffic control signal system installed as part of said Project including all components of the Emergency Vehicle Preemption(EVP), all at the sole cost and expense of the County. Further,the County, at its expense, shall maintain 110 volt power to the line side of the fuse in the junction box of the signal poles for the integral street lights. The City, at its expense, shall maintain the fuse,the luminaire and the wire to the load side of the fuse in the junction box of the signal poles. The EVP System installed as part of said Project shall be installed, operated, maintained or removed in accordance with the following conditions and requirements: (1) Emitter units may be installed and used only on vehicles responding to an emergency as defined in Minnesota Statutes Chapter 169.01, Subdivision 5 and 169.03. The City will provide the County Engineer or his duly appointed representative a list of all such vehicles with emitter units. (2) Malfunctions of the EVP Systems shall be reported to the County immediately. (3) In the event said EVP Systems or components are, in the opinion of the County,being misused or the conditions set forth herein are violated, and such misuse or violation continues after receipt by the City of written notice thereof from the County,the County shall remove the EVP Systems. Upon removal of the-EVP Systems pursuant to this paragraph,the field wiring, cabinet wiring, detector receivers, infrared detector heads and indicator lamps and all other components shall become the property of the County. (4) All timing of said EVP Systems shall be determined by the County. XVII All records kept by the City and the County with respect to this Project shall be subject to examination by the representatives of each party hereto. XVHI Upon completion of the Project,the City shall thereafter maintain and repair all street lighting installed as part of said Project, and the City shall also provide the electrical energy for the operation of said street lights, all at the sole cost and expense of the City. Agreement No. PW 11-49-00 CSAH 1, C.P. 9946 XIX Upon completion of the Project the City or its agents shall furnish the County with one (1) complete set of as-built signal plans and wiring diagrams. Said plans and diagrams shall all be on 1.1 X 17" bond paper and furnished at no cost to the County. XX It is understood and agreed that upon completion of any and all improvements proposed herein, all street lighting included in said improvement shall become the property of the City and all maintenance,restoration, repair, replacement or other work or services required thereafter shall be performed by the City at its own expense. The City agrees to defend, indemnify and hold harmless the County, its officials, officers, agents,volunteers, and employees from any liability, claims causes of action,judgments, damages, losses, costs or expenses, including reasonable attorney's fees,resulting directly or indirectly from any act or omission of the City, its subcontractors, anyone directly or indirectly employed by them, and/or anyone for whose acts and/or omissions they-may be liable related to the ownership, maintenance, existence,restoration,repair or replacement of the City owned improvements. XXI Each party agrees that it will be.responsible for its own acts and the results thereof,to the extent authorized by the law, and shall not be responsible for the acts of the other party and the results thereof. The County's and the City's liability is governed by the provisions of Minnesota Statutes, Chapter 466. The County and the City each warrant that they are able to comply with the aforementioned indemnity requirements through an insurance or self-insurance program. XXII The City also agrees that any contract let by the City or its agents for the performance of the work on County State Aid Highway No. 1 as provided herein shall include clauses that will: (1) Require the Contractor to defend,indemnify, and save harmless the County, its officials, officers, agents,volunteers and employees from any liability, claims, causes of action, losses, demands, damages,judgements, costs, interest, expenses (including,without limitation, reasonable attorney's fees,witness fees, and disbursements incurred in the defense thereof) arising out of or by reason of the negligence of the said Contractor, its subcontractors, anyone directly or indirectly employed by them, and/or anyone for whose acts and/or omissions they may be liable. (2) Require the Contractor to be an independent contractor for the purposes of completing the work provided for in this Agreement. (3)Require the Contractor to provide and maintain insurance in accordance with the following: 1. Commercial General Liability on an occurrence basis with -�� WL Agreement No.PW 11-49-00 CSAH 1, C.P. 9946 Contractual Liability and Explosion, Collapse and Underground Property Damage (XCU)Liability coverages: Limits General Aggregate $1,000,000 Products--Completed Operations Aggregate $1,000,000 Personal and Advertising Injury $1,000,000 Each Occurrence - Combined Bodily Injury and Property Damage $1,000,000 2. Automobile Liability: Combined Single limit each occurrence coverage or the equivalent covering owned, non-owned, and hired automobiles: $1,000,000 3. Workers' Compensation and Employer's Liability: A. Workers' Compensation . Statutory If the Contractor is based outside the State of Minnesota, coverages must apply to Minnesota laws. B. Employer's Liability-Bodily injury by: Each Accident $100,000 Disease-Policy Limit $500,000 Disease-EackEmployee $100,000 An Umbrella Liability policy over primary liability insurance coverages is an acceptable method to provide the required insurance limits. The above subparagraphs establish minimum insurance requirements,and it is the sole responsibility of the City's Contractor to purchase and maintain additional insurance that may be necessary for the Project. All insurance policies shall be open to inspection by the County and copies of policies shall be submitted to the County upon written request. XXIII It is further agreed that any and all employees of the City and all other persons engaged by the City in the performance of any work or services required or provided for herein to be performed by the City shall not be considered employees of the County, and that any and all claims that may or might arise under the Workers' Compensation Act or the Minnesota Economic Security Law on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged on any of the _�/_ \A/L Agreement No. PW 11-49-00 CSAH 1, C.P. 9946 work or services provided to be rendered herein shall in no way be the obligation or responsibility of the County. Also, any and all employees of the County and all other persons engaged by the County in the performance of any work or services required or provided for herein to be performed by the County shall not be considered employees of the City, and that any and all claims that may or might arise under the Workers' Compensation Act or the Minnesota Economic Security Law on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged on any of the work or services provided to be rendered herein shall in no way be the obligation or responsibility of the City. XXIV In order to coordinate the services of the County with the activities of the City-so as to accomplish the purposes of this Agreement,the Hennepin County Engineer or his designated representative shall manage this Agreement on behalf of the County and serve as liaison between the County and the City. In order to coordinate the services of the City with the activities of the County so as to accomplish the purposes of this Agreement,the City Engineer or his designated representative shall manage this Agreement on behalf of the City and serve as liaison between the City and the County. XXV It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supersedes all permits, oral agreements and negotiations between the parties relating to the subject matter hereof. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. Any alterations,variations,modifications,.or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties hereto. XXVI The provisions of Minnesota Statutes 181.59 and of any applicable local ordinance relating to civil rights and discrimination and the Affirmative Action Policy statement of Hennepin County shall be considered a part of this Agreement as though Uly set forth herein. it wL Agreement No.PW 11-49-00 CSAH 1, C.P. 9946 IN TESTIMONY VMEREOF,The parties hereto have caused this Agreement to be executed by their respective duly authorized officers as of the day and year first above written. CITY OF EDEN PRAIRIE (Seal) By: Mayor Date: And: Manager Date: COUNTY OF HENNEPIN ATTEST: By. By: Deputy/Clerk of the County Board Chair of its County Board Date: Date: APPROVED AS TO FORM: And: Assistant/Deputy/County Administrator By: Date: A istant County Attorney �j r And: 7 Date: 106 Assistant County Administrator, Public'Works and County Engineer Date: i • APPROVED AS TO EXECUTION: RECOMMENDED FOR APPROVAL By: By: Assistant County Attorney Director, Transportation Department Date: Date: _ - j2, �- CITY COUNCIL AGENDA DATE: April 18, 2000 SECTION: Consent Calendar SERVICE AREA/DIVISION: ITEM DESCRIPTION: I.C. 98-5466 ITEM NO.: Public Works Receive Feasibility Study for Forest Hill Road Engineering Services Improvements and Set Public Hearing Alan D. Gray Requested Action Move to: Adopt resolution receiving the Feasibility Study for Forest Hill Road Improvements and setting May 16, 2000 for a public hearing for the project. Synopsis The project consists of constructing 300 feet of Forest Hill Road including a short segment of sidewalk. Assessments are proposed to twenty-one residential lots. Assessments range from $935.00 to $14,563.00. Background Information In 1998 the City Council considered the extension of Forest Hill Road as part of new residential development in the area. It was decided to terminate the road as a cul-de-sac. This project completes the east end of the road, provides the cul-de-sac termination, storm sewer for drainage and a sidewalk connecting between neighborhoods. Attachments Feasibility Study l CITY OF EDEN PRAIRIE HENNEPIN COUNTY,NIINNESOTA RESOLUTION NO. RESOLUTION RECEIVING FEASIBILITY REPORT AND SETTING PUBLIC HEARING WHEREAS, a report has been given by the City Engineer, recommending the following improvements to wit: I.C. 98-5466—Forest Hill Road Improvements NOW,THEREFORE,BE IT RESOLVED by the Eden Prairie City Council: 1. The Council will consider the aforesaid improvements in accordance with the report and the assessment of property abutting or within said boundaries for all or a portion of the cost of the improvement pursuant to M.S.A. Section 429.011 to 429.111, at an estimated total cost of the improvement as shown. 2. A public hearing shall be held on such proposed improvements on the May 16, 2000 meeting at 7:00 p.m. at the Eden Prairie City Hall, 8080 Mitchell Road. The City Clerk shall give published and mailed notice of such hearing on the improvements as required by law. ADOPTED by the Eden Prairie City Council on April 18, 2000. Jean L. Harris,Mayor ATTEST: SEAL Kathleen A. Porta, City Clerk FAGRWPSe4GINEEMSSA\COUNCIL 20000 CITY COUNCIL AGENDA SAMPLE2.doc I- CITY COUNCIL AGENDA DATE: 04/18/00 SECTION: Public Hearings SERVICE AREA/DIVISION: Community Development ITEM DESCRIPTION: ITEM NO.: Donald R. Uram -7T .A ` Michael D. Franzen Prairie Hill Evangelical Free Church Addition Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for PUD Concept Review on 5.38 acres; and • Approve 1" Reading of the Ordinance for PUD District Review and Zoning Amendment within the Public Zoning District on 5.38 acres; and • Direct Staff to prepare a Developer's Agreement incorporating Commission and Staff recommendations (and Council conditions). Synopsis Prairie Hill Evangelical Free Church is proposing a 10,712 square foot addition to the existing church for a total building size of 21,560 sq. ft. located at 17200 Valley View Road. The Community Planning Board voted 6-0 to recommend approval of the project to the City Council at the March 13, 2000, meeting. The church withdrew the waiver request for exterior materials at the Board meeting. The addition complies with the 75% face brick and glass requirement. The existing church is mostly rock face block built prior to the City's current exterior materials ordinance. Background Information The 1980 approved plan included a concept plan for a future addition and parking area on the site that is consistent with the proposed plan. Attachments 1. Resolution for PUD Concept Review 2. Community Planning Board Minutes dated March 13, 2000 3. Staff Report dated March 10, 1999 PRAIRIE.HILL EVANGELICAL FREE CHURCH ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2000- A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF PRAIRIE,HILL EVANGELICAL FREE CHURCH ADDITION FOR PRAIRIE HILL EVANGELICAL FREE CHURCH WHEREAS,the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development(PUD) Concept of certain areas located within the City; and, WHEREAS, the Community Planning Board did conduct a public hearing on the Prairie Hill Evangelical Free Church Addition PUD Concept by Prairie Hill Evangelical Free Church and considered their request for approval for development and recommended approval of the requests to the City Council; and, WHEREAS,the City Council did consider the request on April 18, 2000; NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. Prairie Hill Evangelical Free Church,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 April 6, 2000. 3. That the PUD Concept meets the recommendations of the Community Planning Board dated March 13, 2000. ADOPTED by the City Council of the City of Eden Prairie this 18th day of April, 2000. Jean L.Harris,Mayor ATTEST: Kathleen A.Porta, City Clerk Exhibit A Prairie Fill Evangelical Free Church Legal Description: All that part of the West 1/2 of the Northwest 1/4 of Section 8, Township 116 North,Range 22 West of the 5th Principle Meridian, lying southerly of the southerly right-of-way line of the Chicago, Milwaukee, St. Paul and Pacific Railway and lying northerly of the following described line: Commencing at the southwest corner of the Northwest 1/4 of the said Section 8; thence North 1 degree 09 minutes 08 seconds West a distance of 864.92 feet to the centerline of the present Chicago, Milwaukee, St. Paul and Pacific Railroad Track; thence North 61 degrees 37 minutes 30 seconds East along the centerline of said railroad track, a distance of 775.11 feet; thence South 42 degrees 42 minutes 12 seconds East a distance of 44.90 feet to the southerly right-of-way line of said Chicago,Milwaukee, St.Paul and Pacific Railway;thence North 61 degrees 37 minutes 30 seconds East along said southerly right-of-way line a distance of 41.28 feet to the point of beginning of the line to be described;thence South 42 degrees 42 minutes 12 seconds East a distance of 528.77 feet; thence southeasterly a distance of 83.22 feet along a tangential curve concave to the northeast, having a radius of 1869.86 feet, a central angle of 2 degrees 33 minutes 00 seconds; thence North 44 degrees 44 minutes 48 seconds East a distance of 35 feet;thence southeasterly a distance of 54.28 feet along a non-tangential curve concave to the northeast,having a radius of 1834.86 feet, a central angle of 1 degree 41 minutes 42 seconds and the chord of said curve is 54.28 feet in length and bears South 46 degrees 06 minutes 03 seconds East;thence North 34 degrees 49 minutes 48 seconds East a distance of 136.99 feet more or less to its intersection with the east line of the West %2 of the Northwest 1/4 of said section 8 and there terminating. 3 APPROVED NIINUTES CITY OF EDEN PRAIRIF,COMMUNITY PLANNING BOARD MONDAY,MARCH 13,2000 7:00 P.M., CITY CENTER Council Chamber 8080 Mitchell Road COMMISSION MEMBERS: Kenneth Clinton,Marvin Cofer,Frantz Corneille,Randy Foote,Vicki Koenig, Rebecca Lewis and Ray Stoelting STAFF: Krista Flemming,Planner I Stu Fox,Manager of Parks &Natural Resources Alan Gray, City Engineer Donald Uram,Community Development/ Financial Services Director Deb Meuwissen,Recording Secretary I. PLEDGE OF ALLEGIANCE—ROLL CALL Chair Foote called the meeting to order at 7:00 p.m. H. APPROVAL OF AGENDA MOTION: Koenig moved, seconded by Cofer,to approve the Agenda. Motion carried 7-0. III. APPROVAL OF MINUTES MOTION: Koenig moved, seconded by Stoelting to approve the Minutes of the February 28, 2000 Community Planning Board as published. Motion carried 6-0-1, with Lewis abstaining due to absence. W. PUBLIC HEARINGS A. PRAIRIE HILL EVANGELICAL FREE CHURCH by Prairie Hill Evangelical Free Church. Request for Planned Unit Development Concept Plan on 5.38 acres, Planned Unit Development District Review with waivers on 5.3 8 acres, Zoning District Amendment within the Public Zoning District on 5.38 acres, and Site Plan Review on 5.38 acres. Location: 17200 Valley View Road. Jim Faulkner, Project Architect and General Contractor for the applicant, presented a brief overview of the proposed project consisting of the construction of a 10,712 s.f. sanctuary. Staff recommends approval of the project with no waivers for exterior materials. Foote asked if extra parking would be added. Faulkner indicated there was 40 proof of parking spaces. Stoelting requested clarification of proof of parking. Flemming indicated as a requirement to meet Code, the number of current parking spaces needed to be shown and proof of additional parking was required, should the City, at its discretion, deem them necessary for the site. In this instance, Staff was comfortable with the number of proof of parking spaces. COMMUNITY PLANNING BOARD MINUTES PAGE 2 MARCH 13,2000 MOTION: Lewis moved, seconded by Clinton,to close the public hearing. Motion carried 7-0. MOTION: Lewis moved, seconded by Clinton,to recommend to the City Council approval of the Prairie Hill Evangelical Free Church for Planned Unit Development Concept Review on 5.38 acres, Planned Unit Development District Review with no waivers on 5.38 acres, Zoning District Amendment within the Public Zoning District on 5.38 acres, and Site Plan Review on 5.38 acres, based on plans dated February 17, 2000, and subject to the recommendations of the Staff Report dated March 10,2000. Motion carried 6-0. VI. PUBLIC MEETING VII. MEMBERS'REPORTS VIII. CONTINUING BUSINESS IX. NEW BUSINESS X. PLANNERS'REPORTS XI. ADJOURNMENT Uram offered congratulations to those Board Members who had recently been elected to the Community Planning Board and conveyed appreciation to Mary Cofer for his contribution to the Community Planning Board, MOTION: Clinton moved, seconded by Koenig,to adjourn the meeting. Motion carried 7-0. The meeting was adjourned at 7:10 p.m. 5 STAFF REPORT TO: Community Planning Board FROM: Krista R. Flemming, Planner I DATE: March 10, 2000 SUBJECT: Prairie Hill Evangelical Free Church Addition APPLICANT/ OWNER: Prairie Hill Evangelical Free Church LOCATION: 17200 Valley View Road REQUEST: 1. Planned Unit Development Concept Review on 5.38 acres 2. Planned Unit Development District Review with waivers on 5.38 acres 3. Zoning District Amendment within the Public Zoning District on 5.38 acres 4. Site Plan Review on 5.38 acres 6 Gt�l/2� SEC, gg r. 27,ff am 2 PETERBCJRG + RD v,1 +1`_ -,yc' 1!1 R) rR v , L •r,rt•.. ! 10 t51 t6) ti, ID, . 3 \'p 1.1 1241 SH1 1231 ' n SQV (p7 (221ci/ •' 71 t2, w sb psi,0 272 = r W 3 tN 1 „t! • tZ1 It) 13 Irol - ,all % •� 120) r• + ! 1]1 1321 fill R 1101- \� :•'i '01 q„ Q51 Yr 041 t2D1 ,n 9to '' • �'}It20 tfo • 9 >� u5t '� R9, ;�12u; ' Iro1 yi t221t 121 a 13, 1 r•... .tt 1. qt1 k „•er 1J(11 CaFS 6 = tut• ! t,�2 d t . 15 �'•a: 3:t ...-y 7 33 u.. , Iin 1 4 M uur a 128) NQ.i- t C "o t I ' •, t•t A ':,u 13T1 p0 /�' 'R91 S q51 AT It nit Q d- ♦I t•r. ':+±'+ ^ • n' • p• b�A Nt 130, 9+4 ui1 :2P- ae lim 1111.4DN) •I. .tDD. tn, qa aw : ,y a.•1 :1Z7) L au. t 14 ,e (361 17: 143) r .... t !MY•; .....��j 1161 1151 I,�Ir ,,t;...... 1591 ' I �ISb 1 ISa. — -------------- ----------- — I c . -- -- --- -; --- -s1Ill7i'K:CAXE:AQ:__ / • ry =��7.b 21: CON 0 NO 42T16-21^ 4( 1'sl' �;a• • •♦ I VALLEY PONDS. CF.r: • tlt . ' • • �• I A CON MINIUM - i 476•136100 Q ♦ - _—_-- : =Ds-Hm G� �1 1 • I 1125-I321 • -• 12) 1 46 uw 12]) 2C�.t>•' 183.901 'QO •• • i "�`®® ? • • qil S ' tP. • � /teal •+, U5i •8. 199-pil p I w 4 175•D21 t'�•p p' S 1601 IJ61 F•t 5J•q e _ t? t7 l I 191-9D1 (j C`1597 e "•1J21 ��� 1'� � 163.66, y I • i 6• � eRip IJu O �' e +• 158, 14,51— �FA ..Y1301 16T-T,l sly Y 000, i1 1971 uil IShn^ .w titW.r t2:1 Q, •,•`�p' t t IK, ,56, gJ�l4 2+- <23l r.9, 1171 'f IVALLEY VIEW RD1 '+ CITY Or EDEN 12D1 * t,,,q� •' _ +O 1 n 2 - 16, = I,2, A. 111 INI t ' 1)9, City OF EDEN PRARIE 144 I�1 R61 r s LORENCE 'Al = oC10 �\ t } n) t I 0 � r •5 1571 1521 tSll Ism 149) I,L, ti71 11. = cb, I6l) '6+0. 159, Ise, + + (AERIAL PHOTO 19 t5b 891 1561 155) IS„ 5 I 31 (CONSTITUTION AVE)------I/ VE y- 1521 2607.341 PCs � F JIAP.IT RMATION STATE .ES. L6 1 Staff Report—Prairie Hill Evangelical Free Church Addition March 10,2000 BACKGROUND The site is currently guided Church and zoned Public. The 1980 approval included a plan for a church with a future addition and parking area on the site. SITE PLAN The site plan shows a 10,712 sq. ft. addition to the existing church. The total building size will be 21,560 sq. ft. Parking meets City Code requirements. There are 40 proof of parking spaces. The setbacks for the building addition and parking meet City Code. PLANNED UNIT DEVELOPMENT WAIVER—EXTERIOR MATERIALS As part of the Planned Unit Development review,the Developer is requesting an exterior material waiver from 75% brick, glass, or natural stone to 24%. The church requests this waiver for architectural compatibility. The existing building is 30% decorative block and 70% glass, which met City code in 1980. In 1982,the city code was changed to require a minimum of 75%brick, glass, or natural stone for all districts except industrial, single family and townhouses. The following church additions comply with required exterior materials code, as listed below: • Pax Christi— 1988 and 1997 • Christ Lutheran Church—1998 • Eden Prairie Presbyterian Church-1998 • Assembly of God— 1998 (The existing church built prior to 1982 is block and stucco.) • St. Andrew Lutheran Church— 1999 • Immanuel Lutheran Church— 1999 • City Hill Fellowship— 1999 The following church additions have been granted exterior materials variances. • St Andrews (Antioch)—1984. The existing building built prior to 1982 was wood and glass. The City granted a variance for a wood and glass addition for architectural compatibility. • Christ Lutheran Church- 1984. A variance was granted for 63%face brick. The existing building was built prior to 1982 was 63% face brick. • The Prairie Lutheran Church(1988) off Pioneer Trail was granted a variance for all wood and glass since the church was adjacent to single family homes. Staff Report—Prairie Hill Evangelical Free Church Addition March 10,2000 The staff recommends a matching brick and block combination as the best approach. This will allow the new addition to consist of 75%brick,natural stone, or glass, and 25%of the decorative block to tie into the existing structure. Since the existing structure is currently built into the hillside with the front side (predominantly glass)most visible, a brick/glass and block mixture will blend with the existing building. If the Board chooses to grant the exterior material waiver it should be based on architectural compatibility. LANDSCAPE PLAN The landscaping requirement is caliper inches based on building size. The caliper inch requirement for the building addition is 34 inches. The plan provides 112.5 caliper inches to satisfy the landscaping and screening of parking requirement. DRAINAGE The ponding area is on-site and is an existing low area that will be graded to meet/exceed NURP requirements for the added impervious areas and will provide 100 year storage for the 100 year event for the entire drainage area. UTILITIES Utilities are available onsite. STAFF RECOMMENDATION Staff would recommend approval of: • Planned Unit Development Concept Review on 5.38 acres • Planned Unit Development District Review on 5.38 acres • Zoning District Amendment within the Public Zoning District on 5.38 acres • Site Plan Review on 5.38 acres This is based on plans dated February 17, 2000, this Staff Report dated March 10, 2000, and the following: 1. Prior to City Council review,the proponent shall modify the exterior building elevations to meet code and change the trash enclosure gate material from a cedar component to steel/metal. Staff Report—Prairie Hill Evangelical Free Church Addition March 10,2000 2. Prior to building permit issuance,the proponent shall: A. Review the building plans with the Fire Marshal. B. Submit a landscaping bond in accordance with City Code. C. Provide building material samples and colors for review by the City Planner. D. Submit detailed storm water runoff, utility and erosion control plans for review by the City Engineer and Watershed District. X/O CITY COUNCIL AGENDA DATE: 04/18/00 SECTION: Public Hearings SERVICE AREA/DIVISION: Community Development ITEM DESCRIPTION: ITEM NO.: Donald R. Uram Michael D. Franzen Wingate Hotel . Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for Comprehensive Guide Plan Change from City Service to Regional Commercial on 5.25 acres; and • Adopt the Resolution for PUD Concept Review on 5.25 acres; and • Adopt the Resolution for Preliminary Plat on 5.25 acres into 2 lots; and • Approve I" Reading of the Ordinance for PUD District Review and Zoning District Change from I-5 to C-Reg-Ser Zoning District on 2.89 acres; and • Direct Staff to prepare a Developer's Agreement incorporating Commission and Staff recommendations (and Council conditions). Synopsis This project is for a 106 unit hotel and a concept plan for a 7,000 sq. ft. restaurant located at 7900 and 8000 Mitchell Road (former City police station). The restaurant site will return to the Community Planning Board and City Council for a zoning approval when a user is determined. g The project requires waivers for floor area ratio,parking setbacks, and structure setbacks. The Community Planning Board voted 7-0 to recommend approval of the project to the City Council at the March 27, 2000,meeting. Background Information Surrounding land uses within 1000 sq. ft. of the PUD include the City Hall, City Water Treatment Facility,MTS Corporation, future ADC Telecommunications, and Eaton Corporation. A Comprehensive Guide Plan change from City Service to Regional Commercial is requested. The project requires the following waivers that are reasonable and consistent with other hotels and projects adjacent to Highway 212 right-of-way: Lot 2 (Hotels, • Maximum floor area ratio from.40 to .58 Wingate Page 2 • Minimum side yard structure setback from 20 feet to 13 feet • Minimum front yard parking setback from 35 feet to 17%2 feet and side yard parking setback from 10 feet to 0 feet The integrity of the wetland will be maintained through a direct outlet from the stormwater pond into the wetland. A 25 foot wetland buffer strip and 15 foot structure setback is also provided as required by City Code. Parking for a typical restaurant of this size requires 68 spaces if parked at City Code (1 per 3 seats), or 100 spaces if parked at 1 per 2 seats. The plan provides 120 spaces for the restaurant. The hotel requires 135 spaces to meet code, and the plan provides 143 spaces. The overall tree loss for the site is 49%. Of the 49%, 30% of the loss is associated with previous homestead and police station landscaping and 19% to naturally occurring trees. The total caliper inch for tree replacement, hotel landscaping, and proposed restaurant landscaping is 662 inches. Due to the site's environmental constraints, and after maximizing the amount of plantings on- site, 258 caliper inches is proposed for offsite planting at either the water treatment facility site, or within the Market Center medians. Attachments 1. Resolution for Comprehensive Guide Plan Change 2. Resolution for PUD Concept Review 3. Resolution for Preliminary Plat 4. Community Planning Board Minutes dated March 27, 2000 5. Staff Report dated March 24, 1999 F.XCrrYWIDE1Conm DevlProjectsWctive FitesWiingatellst Reading CC cover sheet 04-I MO.doc a WINGATE HOTEL CITY OF EDEN PRAIRIE HENNEPIN COUNTY,NIINNESOTA RESOLUTION NO. 2000- A RESOLUTION AMENDING TtIE COMPREHENSIVE MUNICIPAL PLAN WHEREAS, the City of Eden Prairie has prepared and adopted the Comprehensive Municipal Plan("Plan"); and WHEREAS, the Plan has been submitted to the Metropolitan Council for review and comment; and WHEREAS, the proposal of Wingate Hotel by Eden Prairie Hotel Group, LLC, for a 106 unit hotel and 7,000 sq. ft. restaurant. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Eden Prairie, Minnesota, hereby adopts the amendment of the Plan subject to Metropolitan Council approval as follows: City Service to Regional Commercial on 5.25 acres. ADOPTED by the City Council of the City of Eden Prairie this 18t' day of April, 2000. Jean L. Harris, Mayor ATTEST: Kathleen A. Porta, City Clerk 3 WINGATE HOTEL CITY OF EDEN PRAIRIE HENNEPIN COUNTY,NHNNESOTA RESOLUTION NO. 2000- A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF WINGATE HOTEL FOR EDEN PRAIRIE HOTEL GROUP LLC WHEREAS,the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development(PUD) Concept of certain areas located within the City; and, WHEREAS, the Community Planning Board did conduct a public hearing on the Wingate Hotel PUD Concept by Eden Prairie Hotel Group LLC, 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 April 18, 2000; NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. Wingate Hotel,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 April 6, 2000. 3. That the PUD Concept meets the recommendations of the Community Planning Board dated March 27, 2000. ADOPTED by the City Council of the City of Eden Prairie this 18th day of April, 2000. Jean L. Harris,Mayor ATTEST: Kathleen A. Porta, City Clerk Exhibit A Wingate Legal Description: Parcel A: That part of Outlot B, COOPERATIVE POWER ADDITION, lying south and west of Parcel 76 A as shown on Minnesota Department of Transportation Right of Way Plat No. 27-63, according to the record plat thereof,Hennepin County, Minnesota. Parcel B: That part of the East Half of the Northeast Quarter of Section 16, Township 116, Range 22, Hennepin County, Minnesota, described as follows: Beginning at a point 1885.16 feet North and 33 feet West of the southeast corner of said Northeast Quarter; thence northerly along a line parallel with and distant 33 feet westerly from, as measured at a right angle to, the east line of said Northeast Quarter a distance of 285.16 feet;thence westerly,deflecting to the left 87 degrees 04 minutes a distance of 274.89 feet;thence easterly to the point of beginning. Except that part lying east of the west right of way line of Parcel 76A as shown on Minnesota Department of Transportation Right of Way Plat No. 27-63, according to the record plat thereof. Parcel C: That part of the East Half of the Northeast Quarter of Sectionl6,Township 116,Range 22,Hennepin County,Minnesota, described as follows: Commencing at the southeast corner of said Northeast Quarter; thence north along the east line of said Northeast Quarter a distance of 1600.00 feet; thence westerly at right angles 33.00 feet to the point of beginning;thence continuing westerly at a right angle to said east line 407.00 feet;thence northerly deflecting to the right 90 degrees 02 minutes 274.85 feet; thence easterly to a point 33 feet west of said east line and 285.16 feet to the point of beginning. Except that part lying east of the west right of way line of Parcel 76A as shown on Minnesota Department of Transportation Right of Way Plat No. 27-63, according to the record plat thereof. WINGATE HOTEL CITY OF EDEN PRAIRIE, HENNEPIN COUNTY,NIINNESOTA RESOLUTION NO. 2000- RESOLUTION APPROVING THE PRELIMINARY PLAT OF WINGATE HOTEL FOR EDEN PRAIRIE HOTEL GROUP,LLC BE IT RESOLVED,by the Eden Prairie City Council as follows: That the preliminary plat of Wingate Hotel dated April 6, 2000, consisting of 5.25 acres into two lots, a'copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 18th day of April, 2000. Jean L. Harris, Mayor ATTEST: Kathleen A. Porta, City Clerk COAlNHJNITY PLANNING BOARD AI MUTES March 27,2000 Page 7 Solfelt asked if they could have a brief discussion about how they operate at the church when they make their presentation at the next meeting. He said there are immense differences in the way they use their facility and the way Pax Christi uses theirs. This affects the parking. Christian education takes place among the adults as well as the children. Uram asked Solfelt make that description part of their narrative at that meeting and Solfelt agreed. This was the end of the informational meeting on the church. Chair Foote called a recess at 8:45 p.m. The meeting resumed at 8:55 p.m. V. PUBLIC HEARINGS A. WINGATE HOTEL by Eden Prairie Hotel Group, LLC. Request for Comprehensive Guide Plan Change from City Service to Regional Commercial 5.25 acres, Planned Unit Development Concept Review on 5.25 acres, Planned ,Unit Development District Review with waivers on 2.89 acres, Zoning District Change from I-5 to C-Reg-Ser Zoning District on 2.89 acres. Site Plan Review on 2.89 acres and Preliminary Plat on 5.25 acres into 2 lots. Location: 7900 and 8000 Mitchell Road. Foote said concept approval is requested on Lot 1 and site plan review on Lot 2,which are located at 7900 and 8000 Mitchell Road. Neil Weber, Neil Weber Architects, represented the applicant. A hotel would be built on Lot 2. They have worked with City Staff, and the applicant does not disagree with anything in their report. The hotel would have 108 rooms, and the exterior would be 76 percent brick, glass and natural stone, with horizontal banding in two-color brick. The vertical and horizontal"jogs"recommended by Staff will be added: Foote inquired if the architect would have a new elevation created for City Council review. Weber said yes. Clinton asked about the background of the Wingate Hotels and was told they are primarily for business persons, and there will be about 100 of them built by the end of the year. The restaurant to be built on Lot 1 is not proposed for Phase 1 of the project. It does not have a developer at this time,but most likely will go to a national chain restaurant. The parking area will be shared between the restaurant and the hotel. Uram said, regarding the restaurant, one issue is the removal of the radio tower from that site. The City is currently working with the FAA to get approval to move it, and this has held up the development of that property. Part of the purchase agreement for the property, the City required that the restaurant stand alone as far as parking is concerned. In this way, the site can be developed separately, if a restaurant is not built. COMMUNITY PLANNING BOARD MINUTES March 27,2000 Page 8 Conor inquired about the type of restaurant being planned and was told it would be an upscale restaurant. It would most likely have a license to sell liquor. Uram said the City expects any new restaurant being built in the City would request a liquor license. Foote said the City Code would require 68 parking spaces for the restaurant. Weber said the plan provides 120 parking spaces. Kipp pointed out a guide plan change and concept approval has been requested. The guide plan would be changed to Regional Commercial. City Staff supports the guide plan change. Waivers have been requested for floor area ratio, and parking and structure setbacks. Staff recommends approval of the project based on recommendations in the Staff report. Koenig inquired if the architect is satisfied with placing the excess landscaping on either the water treatment facility site or within the Market Center medians, as mentioned in the Staff report. Because of environmental constraints on the site, Weber said they are being required to do that and they are in agreement. The tree loss replacement is 662 caliper inches for the whole property. Fox said he could look into putting the replacement trees closer to the site. Chair Foote asked if anyone wished to address the Board on this project. No one did. Koenig asked if Staff sees any traffic problems in adding a hotel and restaurant to this area without road improvements. Gray said no, this fits in well with what the City anticipated for Mitchell Road after the interchange at TH 212 is constructed. MOTION: Clinton moved, seconded by Stoelting, to close the public hearing. Motion carried 6-0. MOTION: Clinton moved, seconded by Stoelting, to recommend to the City Council approval of the Eden Prairie Hotel Group, LLC request for Comprehensive Guide Plan Change from City Service to Regional Commercial 5.25 acres, Planned Unit Development Concept Review on 5.25 acres, Planned Unit Development District Review with waivers on 2.89 acres, Zoning District Change from I-5 to C-Reg-Ser Zoning District on 2.89 acres, Site Plan Review on 2.89 acres, and Preliminary Plat on 5.25 acres into 2 lots, based on plans dated March 23, 2000, and subject to the recommendations of the Staff Report dated March 24, 2000. Motion carried 6-0. B. WELTER'S TRAILHEAD By Ray and Carole Welter, Jr. Request for Planned Unit Development Concept review on 5.22 acres, Planned Unit Development District Review with waivers on 5.22 acres, Zoning District Change from Rural to R1-13.5 on 5.22 acres, and Preliminary Plat on 5.22 acres into 4 single-family lots, and 1 outlot. Location: 9630 Crestwood Terrace. Foote said this is a request for Planned Unit Development Concept Review. I STAFF REPORT TO: Community Planning Board FROM: Michael D.Franzen, City Planner Krista R.Flemming, Planner I DATE: March 24,2000 SUBJECT: Wingate APPLICANT/ FEE OWNER: City of Eden Prairie LOCATION: Mitchell Road and Lone Oak Road (Former Police Station Site) REQUEST: 1. Comprehensive Guide Plan Change from City Service to Regional Commercial 5.25 acres 2. Planned Unit Development Concept Review on 5.25 acres 3. Planned Unit Development District Review with waivers on 2.89 acres 4. Zoning District Change from I-5 to C-Reg-Ser Zoning District on 2.89 acres 5. Site Plan Review on 2.89 acres 6. Preliminary Plat on 5.25 acres into 2 lots I ":\ ...............e 257'"S RES ra•�ws nRen Nnet r 262 t20, RRe w � 3 � � � sR•eono:t - �A c k���u0t ,f,tr• / RR � % t23, 420 gX�tittAt1011 Roe w wrn tt . �q R� /W PLAT NO 27-108- rum = Roe w eotsts r � r r+Kri. �"4xi'R g� rxr�r ar i.:°..f � �•� 'M.rR�:lL3tLt.._�s:41C�...-•r11G���i r•w,o; w ° 1/[Q MOT R/W FLAW- f,�,�d!:,• ad--��-- 4 e ~ura�aaasr 1..rR = —•�—��— 'ruuu N ; t t ;8 t�r•�. ;' a,ss caRiR .i� nA.., - ' e-__/'-_•.--- ------1„� tMMI �M. b&'FSB�t.�O--•mi l�+. R''�aRas f `,�' `�'- 4cS!!_+sty a',• ' tWCw RrNRir— / A •'or i:roii r cw Sun trt evr Z�" x,.�. -;��a �� 11� •�acT�� --•- F }}_ti Siw No �•fk, .9• _ ii 3w'.! Roeastt4W wn.tr ; wm m S```'_. ,^• K •� i2 7 ,''Y ►rtlL to •■�-.1 ; r O R°C W?N.{7R r �f'!•..:s }�. � w `•i.`,� R R•S{YAf t{RJ{ f�x ��+ �r.�,� ON w trif°it .�'1,/ /M wmr cMKtMflt ~wTstt tla+vrel i m• n ,7 Rprm w It/bp {ptK.R M CYKC1rA % I fa RCM 118t w y t .p/■PK r clrt[nw � . • K, au . cam (41 i Li •� 11 y LONE OAK RO ®� �S 4-0 ,Y oil .R '0 ,+.. a"`"«, TECHNOrv,Gge, :� �OR 'fEC rECHN91 o�Y IHN I:I 1 1 . t� 2 i 1 n, . 1 . . _ooe w a.enn__ � •. _ _ ----_ _-------._ OL]_- ,_ rRtft t ■v w.rtrtxul wul:Iw•sa,x •� ,■a tAterERSM.,Kac�r�rete t .r so Am �p�_ anotc 10 Staff Report—Wingate March 24,2000 BACKGROUND The Comprehensive Guide Plan identifies this site as City Service. The current zoning is I-5. Existing land uses include vacant land and a vacant building formerly used as the City's Police Station.The surrounding area consists of various office and industrial land uses such as the City Hall, City Water Treatment Facility, MTS Corporation, future ADC Telecommunications, and Eaton Corporation. COMPREHENSIVE GUIDE PLAN AMENDMENT A Comprehensive Guide Plan change from City Service to Regional Commercial is requested on 5.48 acres. The City has explored other land use options that comply with the permitted uses of the City Service guiding; however, retention of these uses has been unsuccessful. The current and future growth of business and employment in the Eden Prairie area is the reason for the large number of hotels being constructed over the past several years. The immediate area of this site includes corporate headquarters for ADC Telecommunications, Eaton, MTS, and Pillsbury generating over 1.5 million sq. ft. of office in this area. All available hotel sites within areas currently zoned and guided commercial are developed. A guide plan change is necessary to allow additional hotel and restaurant development. PRELIMINARY PLAT A preliminary plat shows the subdivision of 5.48 acres into two lots. Lot 1 is at 2.36 acres.and Lot 2 at 2.89 acres. Both lots exceed the 10,000 sq. ft. minimum lot size for commercial regional services zoning. PLANNED UNIT DEVELOPMENT Lot 1 is 2.36 acres planned for a 7,000 sq. ft. restaurant. Only concept approval and a guide plan change are requested for this lot. A detailed site plan review and rezoning will be reviewed as part of a future application. The Developer proposes to remove the existing structure prior to development of proposed Lot 1. Lot 2 is 2.89 acres. A four story, 106 unit hotel is proposed. The height is 38 feet. The code allows up to 40 feet. The base area ratio (BAR) is .12. Code permits up to .20. The floor area ratio (FAR) is .58. Code permits up to .40. A typical restaurant of this size would require 68 spaces if parked at City Code, which is 1 per 3 seats, or 100 spaces if parked at 1 per 2 seats. The plan provides 120 spaces for the restaurant. The hotel requires 135 spaces to meet code, and the plan provides 143 spaces. The development of this site will require PUD waivers from the zoning code in the following areas: Lot 1 (Restaurant Concept) Although detailed waivers will not be acted upon as part of a concept approval,the following waivers would be anticipated at a future site plan review. /it Staff Report—Wingate March 24,2000 • Minimum front yard parking setback from 35 feet to 17%Z feet and side yard parking setback from 10 feet to 0 feet A decreased setback is requested to provide adequate room for the wetland buffer strip. The City has approved plans with zero lot line setbacks to parking to allow shared parking and driveway access. • Minimum monument sign setback from 15 feet to 10 feet The development of Highway 212 caused the taking of a significant portion of the site for adjacent right-of-way. A typical distance between signs and streets is 26 to 30 feet. The distance from the future Highway 212 off-ramp to the sign will be 80 feet. • Minimum front yard structure setback from 35 feet to 15 feet The development of Highway 212 caused the taking of a significant portion of the site for adjacent right-of-way. A typical distance between buildings and streets is 46 to 50 feet. The distance from the future Highway 212 off-ramp to the structure will be 75 feet. Lot 2 (Hotel) • Maximum floor area ratio from .40 to.58 The floor area ratio for the entire PUD will be .35,which is less than the maximum allowed by City Code. • Minimum side yard structure setback from 20 feet to 13 feet The City must maintain possession of proposed Lot 1 until it relocates its telecommunication tower. Therefore,the proposed lot line is located to accommodate the City. • Minimum front yard parking setback from 35 feet to 171/Z feet and side yard parking setback from 10 feet to 0 feet A decreased setback is requested to provide adequate room for the wetland buffer strip. The City has approved plans with zero lot line setbacks to parking to allow shared parking and driveway access. GRADING AND DRAINAGE A N[JRP pond is located at the northwest corner of the site to treat stormwater drainage for both lots. The pond meets City standards. WETLANDS The wetland is classified as "moderate to low quality". The project complies with the City's wetland regulations including a 25 foot wetland buffer strip and 15 foot structure setback. Pretreated stormwater will flow into the wetland from the NURP pond to maintain its viability. Areas disturbed by grading will be restored with plant materials native to wetland areas. UTILITIES Sanitary sewer and water is currently available to the site from Mitchell Road. X/-), Staff Report—Wingate March 24,2000 ACCESS There are presently three access points to this site. This project proposes to eliminate the access closest to Highway 5 along Mitchell Road leaving one access at the current median opening on Lot 2. The other proposed access is off Lone Oak Drive. No future traffic signal improvements are anticipated at the intersection of Mitchell Road and Lone Oak Drive. TREE REPLACEMENT There are 1,226 total diameter inches, or 70 significant trees, on the site. The tree loss for the site is 601 diameter inches, or 39 trees, for a total loss of 49%. Of the 601 inches lost, 463 inches were planted with the development of the police station or the previous homestead. The tree loss loss percentage of the site's naturally occurring trees is 19%. Total tree replacement is 392 caliper inches. LANDSCAPING The landscaping required for the hotel site plan is 226 caliper inches. The landscaping required for the proposed restaurant is 22 caliper inches. The total caliper inch requirement (tree replacement, hotel landscaping, and proposed restaurant landscaping) is 662 inches. Due to the site's environmental constraints, and after maximizing the amount of plantings on-site, 258 caliper inches will be placed on either the water treatment facility site, or within the Market Center medians. SIDEWALK A 6' wide concrete sidewalk exists and will be maintained along Mitchell Road. MN/Dot will extend the sidewalk north for the length of property as part of the Hwy. 212 improvements. This extension should be shown on the plans. LIGHTING Lighting on all sites will consist of downcast, cut off fixtures, at a 30 foot maximum height. A lighting plan should be submitted prior the Council review. ARCHITECTURE The building meets the exterior materials Code for 75% face brick, glass, and natural stone. The hotel will have its increased visibility due to reduced front yard setbacks. Staff recommends the addition of vertical and horizontal "jogs" to provide more visual relief and character. The City has required this for other hotels. An example would be the Amerisuites hotel. STAFF RECOMMENDATION The staff recommends approval of. • Comprehensive Guide Plan Change from City Service to Regional Service 5.25 acres /I3 Staff Report—Wingate March 24,2000 • Planned Unit Development Concept Review on 5.25 acres • Planned Unit Development District Review with waivers on 2.89 acres • Zoning District Change from I-5 to C-Reg-Ser on 2.89 acres • Site Plan Review on 2.89 acres • Preliminary Plat on 5.25 acres into 2 lots This approval is based upon plans dated March 23, 2000, and subject to the recommendations of the Staff Report dated March 24,2000,and the following conditions: 1. Prior to City Council review,proponent shall: A. Submit a lighting plan. B. Locate mechanical equipment and its screening for the hotel. C. Remove plantings from public utility easement areas. D. Revise the hotel's architecture to include additional"jogs". E. Extend the sidewalk along Mitchell Road as per MN/Dot replacement. 2. Prior to grading permit issuance,the proponent shall: A. Install erosion control and tree protection fencing at the grading limits of the property for review and approval by the City Engineer and City Forester. B. Submit to the City Engineer, recorded copies of the conservation easement document, cross access and maintenance agreement documents, and public use easement documents. C. Submit wetland information and bonding requirements to the Environmental Coordinator 3. Prior to building permit issuance,the proponent shall: A. Review the building plans with the Fire Marshal, including details regarding fire access to the site. B. Submit a landscaping bond in accordance with City Code. C. Provide building material samples and colors for review by the City Planner. D. Pay the cash park fee. 4. The following waivers are granted as part of the PUD: Lot 2 (Hotel) • Maximum floor area ratio from .40 to .58 • Minimum side yard structure setback from 20 feet to 13 feet • Minimum front yard parking setback from 35 feet to 17 2 feet and side yard parking setback from 10 feet to 0 feet CITY COUNCIL AGENDA DATE: 04/18/00 SECTION: Public Hearings SERVICE AREA/DIVISION: Community Development ITEM DESCRIPTION: ITEM NO.: Donald R. Uram - Scott A. Kipp Welter's Trailhead Requested Action Move to: • Continue the Public Hearing to the May 2, 2000, City Council meeting. Synopsis This project is for 4 single-family lots located at 9630 Crestwood Terrace. The Community Planning Board voted 6-0 to recommend approval of the project to the City Council at its March 27, 2000 meeting. Background The Developer is requesting a continuance to the May 2, 2000, City Council meeting to resolve cost sharing for the storm sewer installation and erosion corrections. Attachments 1. Letter requesting continuance. 04/13/00 14:46 FAX 6129375822 WESTWOOD PROF. SERVICES Q 001 Westwood Professional Services, Inc. 0 7599 Anagram Drive ❑ 104 Marty Drive,Ste.3 Eden Prairie,MN 55344 Buffalo,MN 55313 612-937-5150 612-682-2587 FAX 612-937-5822 FAX 612-682-2639 FACSIMILE TRANSMITTAL DATE 4113/00 TO Scott Kipp COMPANY City of Eden Prairie NUMBER (612)949-8390 FROM Dwight Jelle, P.E. REGARDING Welter-Trailhead PROJECT NO. 99152 Number of pages including this cover letter 1 Please call(612)937-5150 if you do not receive all pages or experience difficulty receiving this transmittal. PURPOSE ❑ As you requested O For your approval p Reply to sender p For your information ❑ As we discussed 4 Other(see remarks) REMARKS Scott: Because of the complexities of the City's proposal to share costs on the ravine repair and the storm sewer system,on behalf of the land owner,we request that the Council meeting be delayed until the May 2nd date. Thanks, Dwight Copy: Ray Welter THE INFORMATION CONTAINED IN THIS FACSIMILE MESSAGE IS LEGALLY PRIVILEGED AND CONFIDENTIAL INFORMATION INTENDED SOLELY FOR THE USE OF THE PERSONS OR ENTITIES NAMED ABOVE. IF YOU ARE NOT SUCH PERSONS OR ENTITIES,YOU ARE HEREBY NOTIFIED THAT ANY DISTRIBUTION,DISSEMINATION OR REPRODUCTION OF THIS FACSIMILE MESSAGE IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS MESSAGE IN ERROR,PLEASE IMMEDIATELY CALL US COLLECT AT(612)937-5150. CITY COUNCIL AGENDA DATE: SECTION: PUBLIC HEARINGS April 1 S,2000 SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Resolution Authorizing A Proposed Multifamily Community Development Housing Program And Issuance Of Multifamily -�y-�- Director Dori Uram Housing Revenue Bonds (Lincoln Pare v ► - ) Apartments Project) Requested Action Move to: Adopt Resolution Authorizing a Proposed Multifamily Housing Program and Issuance of Multifamily Housing Revenue Bonds (Lincoln Pare Apartments Project) Synopsis On December 7, 1999, the City Council adopted Resolution No. 99-222 approving a multifamily housing program for the Project, designated as the"Program for Multifamily Housing Development under Minnesota Statutes, Chapter 462C, Lincoln Pare Apartments Project" and the issuance of revenue bonds by the City in the approximate principal amount of$36,000,000 to finance the costs thereof. The City has been advised that the Original Borrower has been replaced by Lincoln Pare Apartments, LLC, a Minnesota Limited Liability Company, or a non-profit affiliate thereof(the "Borrower") and has prepared an"Amended Program for Multifamily Housing Development under Minnesota Statutes, Chapter 462C,Lincoln Pare Apartments Project" (the"Amended Housing Program"), attached hereto as Exhibit A,to reflect this change. Attachments Resolution Exhibit A CITY OF EDEN P)EtAMI HENNEPIN COUNTY,NIINNESOTA RESOLUTION NO. 2000- RESOLUTION RELATING TO A PROPOSED MULTIFAMILY HOUSING DEVELOPMENT UNDER MINNESOTA STATUTES, CHAPTER 462C, ON BEHALF OF LINCOLN PARE APARTMENTS, LLC OR A NONPROFIT AFFILIATE; ADOPTING A HOUSING PROGRAM THEREFOR BE IT RESOLVED by the City Council of the City of Eden Prairie,Minnesota(the City), as follows: Section 1. Recitals and Findings 1.1. This Council has received a proposal that the City finance a portion or all of the cost of a proposed multifamily housing development under Minnesota Statutes, Chapter 462C, as amended (the Act), on behalf of Community Housing Corporation of America, a Minnesota nonprofit corporation, or a nonprofit affiliate(the Original Borrower), consisting of the acquisition, construction and equipping of a 186-unit multifamily rental housing development to be owned by the Borrower and located at 8030 Eden Road in the City(the Project). 1.2. On September 7, 1999, following a public hearing thereon, this Council adopted a resolution (the Original Resolution) approving a multifamily housing program for the Project, designated as the Program for Multifamily Housing Development under Minnesota Statutes, Chapter 462C, Lincoln Parc Apartments Project(the Original Housing Program)and the issuance of revenue bonds by the City in the approximate principal amount of$36,000,000 to finance the costs thereof. 1.3 On December 7, 1999, following a public hearing thereon, this Council adopted a resolution(the Amended Resolution) approving an amended multi-family housing program for the Project designated as the Amended Program for a Multi-Family Housing Development under Minn. Stat., Chapter 462C, Lincoln Parc Apartments Project, (the Amended Housing Program) and issuance of revenue bonds by the City in the approximate amount of$36,000,000 to finance the cost thereof. At the public hearing, the City was advised that the Original Borrower has been replaced by Governmental and Educational Assistance Corporation, an Arkansas nonprofit corporation or an affiliate thereof(the Substitute Borrower). 1.4. The City has been advised that the Substitute Borrower has been replaced by Lincoln Parc Apartments,LLC, a Minnesota limited liability company, or a nonprofit affiliate thereof(the Borrower) and has prepared a Second Amended Program for Multifamily Housing Development under Minnesota Statutes, Chapter 462C,Lincoln Parc Apartments Project(the Second Amended Housing Program), attached hereto as Exhibit A.to reflect this change. D- 1.5. On April 18,2000,this Council held a public hearing on the adoption of the Amended Housing Program after publication of the notice of hearing not less than 15 days prior to the date thereof in a newspaper circulating generally in the City. The public hearing was duly noticed and held in accordance with the Act and Section 147(f) of the Internal Revenue Code of 1986, as amended. All parties who appeared at the hearing were given an opportunity to express their views with respect to the proposal to adopt the Amended Housing Program and to undertake and finance the Project, as amended, and interested persons were given the opportunity to submit written comments to the City Manager before the time of the hearing. Section 2. Adoption of Amended Housing Proms. Based on the public hearing, such written comments (if any) and such other facts and circumstances as this Council deems relevant,it is hereby found, determined and declared: (a) the Amended Housing Program is hereby approved and adopted in the form attached hereto; and (b) the findings with respect to the Project and the preliminary approval of issuance by the City of its revenue bonds under the provisions of the Act and the Program to finance the Project in the maximum aggregate face amount of$36,000,000(the Bonds) is hereby reaffirmed and ratified. Passed this l 8th day of April,2000. Mayor Attest: City Clerk �0 . EX]MIT A SECOND AMENDED PROGRAM FOR A MULTIFAMILY HOUSING DEVELOPMENT UNDER MINNESOTA STATUTES, CHAPTER 462C LINCOLN PARC APARTMENTS PROJECT This housing finance program is undertaken by the City of Eden Prairie, Minnesota (the City) for a multifamily rental housing development located at 8030 Eden Road in the City and amends and supersedes the housing finance program adopted by the City Council of the City on September 7, 1999 and the amended housing finance program adopted on December 7, 1999. The Development (as hereinafter described) will be financed by revenue bonds issued by the City pursuant to Minnesota Statutes, Chapter 462C. The Development will be undertaken to further the policies and goals stated in the Citys Housing Plan. The Development, called Lincoln Pafc Apartments,will consist of the acquisition, construction and equipping of a multifamily rental housing development of approximately 186 units, a portion of which are designed for persons of low and moderate income. The Development will be undertaken by Lincoln Pare Apartments,LLC, a Minnesota limited liability company, or a nonprofit affiliate. The expected base monthly rental fees for a one-bedroom unit will be between$546 and$855; a two-bedroom unit will be between$654 and$1390; and a three-bedroom unit will be between$749 and$1515. The Development will be available for rental to the general public, and will be operated only as a multifamily rental housing facility for the term of the revenue bonds. The City will issue revenue bonds to finance the Development in the principal amount not to exceed$36,000,000. The owner of the Development will be required,pursuant to a revenue agreement, to make payments sufficient to pay when due the principal of,premium, if any, and interest on all such revenue bonds. The revenue bonds may be structured so as to take advantage of whatever means are available or necessary and are permitted by law to enhance the security for and marketability of the revenue bonds. Substantially all of the net proceeds of the revenue bonds (the initial principal amount thereof, less amounts deposited in a reasonably required reserve or paid out as costs of issuance of the revenue bonds)will be used to pay the costs of the Development, including any functionally related and subordinate facilities. The Development will be operated as a multifamily rental housing development within the meaning of Minnesota Statutes, Chapter 462C. Acquisition of the Development will be carried out in accordance with applicable land use and development restrictions, and construction of the Development is subject to applicable state and local building codes. The Development is consistent with the Citys Housing Plan under Minnesota Statutes, Chapter 462C. The owner of the Development will be required to operate the project in accordance with state and local anti-discrimination laws and ordinances. The City has adequate existing capacity to administer,monitor and supervise the Development, although the City has reserved the right to contract with other public agencies or private parties for these purposes. The costs of the Development and the program of financing the Development,including specifically the costs of the City generally will be paid or reimbursed by the owner of the Development or from the application fee paid to the City by the owner. �5 CITY COUNCIL AGENDA DATE: F12©0 SECTION: Payment of Claims April 4,2000 — ftwtm can SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development and Payment of Claims V Financial Services/Don Uram Requested Action Move to: Approve the Payment of Claims as submitted(roll call vote) Synopsis Checks 85367-85874 Background Information Attachments COUNCIL CHECK SUMMARY 30-MAR-2000 (09:28) DIVISION TOTAL ------------------------------------------------------------------------------------------------------------------------ N/A $4,901.63 CONTINGENCY $102.69 LEGISLATIVE $987.27 LEGAL COUNSEL $34,225.45 CUSTOMER SERVICE $9,021.03 BENEFITS $7,831.40 TECHNOLOGY $80,342.64 CITY MANAGER $30.88 FINANCE $350.00 HUMAN RESOURCES $1,245.82 COMMUNICATIONS $14.48 HUMAN SERV $1,500.00 RISK MANAGEMENT $840.19 WIRELESS COMMUNICATION $5,952.77 ENGINEERING $8,704.18 INSPECTIONS $1,322.36 FACILITIES $22,585.74 , ASSESSING $987.66 DRUG TASK FORCE $12.66 CIVIL DEFENSE $50.24 POLICE $203,945.24 FIRE $7,545.27 ANIMAL CONTROL $410.00 STREETS/TRAFFIC $8,292.36 PARK MAINTENANCE $5,222.09 STREET LIGHTING $51,156.18 FLEET SERVICES $34,440.35 ORGANIZED ATHLETICS $7,048.00 COMMUNITY DEV $188.30 COMMUNITY CENTER $20,356.21 YOUTH RECREATION $1,937.00 ADULT RECREATION $3,290.47 RECREATION ADMIN $486.29 ADAPTIVE REC $418.20 OAK POINT POOL $200.00 ARTS $3,570.50 PUBLIC IMPROV PROJ $68,917.93 EMPLOYEE PAYROLL DEDUCTIONS $178,603.06 CITY CENTER $2,247.01 SPECIAL REVENUE FUNDS $382.76 PRAIRIE VILLAGE $52,100.48 PRAIRIEVIEW $68,398.06 CUB FOODS $131,348.62 TRUST FUNDS $49,350.00 WATER DEPT $177,695.04 SEWER DEPT $31,700.06 STORM DRAINAGE $1,950.17 AGENCY FUNDS $7,043.54 EQUIPMENT $61,856.79 $1,361,109.07* COUNCIL CHECK REGISTER 30-MAR-2000 (09 CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM ------------------ ----------------------------------------------------------------------------------------------------- 85367 $3.97 AT&T TELEPHONE PRAIRE VIEW LIQUOR #3 85368 $59.78 CORDES, JEFFREY MILEAGE AND PARKING TREE DISEASE 85369 $500.00 CRAWFORD, ANN OTHER CONTRACTED SERVICES SUMMER THEATRE 85370 $100.00 DIEDRICHS, CRAIG REFUNDS ENVIRONMENTAL EDUCATION 85371 $279.33 DUPONT, BRENT SCHOOLS POLICE 85372 $260.00 FBI NAA 2000 SCHOOLS POLICE 85373 $100.00 FINLAYSON, EARL REFUNDS ENVIRONMENTAL EDUCATION 85374 $100.00 FROSLIE, DAVID REFUNDS ENVIRONMENTAL EDUCATION 85375 $23.65 GTE DIRECTORIES ADVERTISING PRAIRIE VILLAGE LIQUOR #1 85376 $100.00 HULSEBUS, LARRY REFUNDS ENVIRONMENTAL EDUCATION 85377 $272.65 KRAEMERS HARDWARE INC REPAIR & MAINT SUPPLIES WATER TREATMENT PLANT 85378 $60.00 LOES OIL COMPANY LUBRICANTS & ADDITIVES WATER TREATMENT PLANT 85379 $35.50 MINNCOMM PAGING COMMUNICATIONS WATER SYSTEM MAINTENANCE 85380 $6,079.15 MINNEGASCO GAS FIRE STATION #5 85382 $1,736.40 MINNEGASCO GAS FIRE STATION #1 85383 $64.00 MINNESOTA DEPT OF HEALTH LICENSES & TAXES WATER UTILITY-GENERAL 85384 $97.53 NELSON, RON REFUNDS ENVIRONMENTAL EDUCATION 85385 $600.00 PARTINGTON, TONY OTHER CONTRACTED SERVICES SUMMER THEATRE 85387 $150.00 SNODGRASS, LAURA OTHER CONTRACTED SERVICES SUMMER THEATRE 85388 $295.95 ULI-THE URBAN LAND INSTITUTE OPERATING SUPPLIES-GENERAL ASSESSING-ADMIN 85389 $429.73 US WEST COMMUNICATIONS TELEPHONE GENERAL 85390 $67.10 AMERIPRIDE LINEN & APPAREL SER OTHER CONTRACTED SERVICES PRAIRE VIEW LIQUOR #3 85391 $2,049.92 BELLBOY CORPORATION MERCHANDISE FOR RESALE PRAIRIE VILLAGE LIQUOR #1 85392 $133.00 DAHLHEIMER DISTRIBUTING COMPAN BEER 6/12 LIQUOR STORE CUB FOODS 85393 $5,421.65 EAST SIDE BEVERAGE COMPANY BEER 6/12 LIQUOR STORE CUB FOODS 85394 $432.00 GETTMAN COMPANY MISC TAXABLE LIQUOR STORE CUB FOODS 85395 $7,733.89 JOHNSON BROTHERS LIQUOR CO MERCHANDISE FOR RESALE PRAIRE VIEW LIQUOR #3 85397 $425.44 PHILLIPS WINE AND SPIRITS INC MERCHANDISE FOR RESALE PRAIRIE VILLAGE LIQUOR #1 85398 $62.54 WINE MERCHANTS INC WINE DOMESTIC PRAIRE VIEW LIQUOR #3 85399 $316.01 AIRTOUCH CELLULAR, BELLEVUE TELEPHONE WATER UTILITY-GENERAL 85400 $2,302.31 ARCH PAGING COMMUNICATIONS WIRELESS COMMUNICATION 85401 $50.00 ATOM DUES & SUBSCRIPTIONS POLICE 85402 $82.88 BOGREN, ANN SCHOOLS POLICE 85403 $20.00 CHEN, FU-ZIN LESSONS/CLASSES OAK POINT LESSONS 85404 $26.77 FLYING CLOUD ANIMAL HOSPITAL CANINE SUPPLIES POLICE 85405 $350.00 GOVERNMENT FINANCE OFFICERS AS AWARDS FINANCE DEPT 85406 $41,589.86 GROSSMAN CHEVROLET COMPANY INC AUTOS P/S REVOLVING FD 85407 $46.50 HARVGRAVE, SUZANNE LESSONS/CLASSES POOL LESSONS 85408 $39,790.75 INGRAM EXCAVATING INC IMPROVEMENT CONTRACTS PRESERVE PARK K16 85409 $100.00 IRS PROFESSIONAL SERVICES POLICE 85410 $424.21 KRAEMERS HARDWARE INC BLDG REPAIR & MAINT WATER TREATMENT PLANT 85411 $13,883.94 LANG PAULY GREGERSON AND ROSOW LEGAL SERVICE CRIMINAL PROSECUTION 85412 $345.00 LAW ENFORCEMENT OPPORTUNITIES DUES & SUBSCRIPTIONS POLICE 85413 $47,767.50 METROPOLITAN COUNCIL DUE TO OTHER GOVNT UNITS SAC AGENCY FUND 85414 $4,797.71 MINNESOTA STATE TREASURER BLDG,SURCHARGES BUILDING SURCHARGE 85415 $143.00 HELLING, LAURIE MILEAGE AND PARKING RECREATION ADMIN 85416 $85.98 PROTECTION ONE CONTRACTED REPAIR & MAINT CUMMINS/GRILL 85417 $4,885.66 QUALITY WINE & SPIRTS CO MERCHANDISE FOR RESALE LIQUOR STORE CUB FOODS 85418 ' $300.00 RAPTOR CENTER, THE OPERATING SUPPLIES-GENERAL ENVIRONMENTAL EDUCATION 85419 $17,866.00 ROSEDALE DODGE-HYUNDAI AUTOS GENERAL GOVT 85420 $26.25 RYAN, LAURIE LESSONS/CLASSES OAK POINT LESSONS 85421 $145.34 SEVERSON, JON OPERATING SUPPLIES-GENERAL WINTER THEATRE 85422 $111.80 STAR TRIBUNE OPERATING SUPPLIES-GENERAL POLICE 85423 $1,157.05 STREICHERS CLOTHING & UNIFORMS POLICE 85424 $68.82 SWAGGERT, NATALIE TRAINING SUPPLIES IN SERVICE TRAINING COUNCIL CHECK REGISTER 30-MAR-2000 (09 CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM ------------------------------------------------------------------------------------------------------------------------ 85425 $3,165.27 US POSTMASTER - HOPKINS POSTAGE COMMUNITY BROCHURE 85426 $412.51 US WEST COMMUNICATIONS BLDG REPAIR & MAINT WATER TREATMENT PLANT 85427 $189.36 WASTE MANAGEMENT-SAVAGE MN WASTE DISPOSAL EPCC MAINTENANCE 85428 $191.66 WILLIAMS, ONEDIA FAMILY RESIDENT MEMBERSHIP COMMUNITY CENTER ADMIN 85429 $133.75 ALL SAINTS BRANDS DISTRIBUTING BEER 6/12 LIQUOR STORE CUB FOODS 85430 $57.05 AMERIPRIDE LINEN & APPAREL SER OTHER CONTRACTED SERVICES LIQUOR STORE CUB FOODS 85431 $462.06 BELLBOY CORPORATION MERCHANDISE FOR RESALE PRAIRE VIEW LIQUOR #3 85432 $7,063.85 DAY DISTRIBUTING BEER 6/12 LIQUOR STORE CUB FOODS 85434 $8,351.53 GRIGGS COOPER & CO MERCHANDISE FOR RESALE PRAIRIE VILLAGE LIQUOR #1 85435 $529.48 JOHNSON BROTHERS LIQUOR CO MERCHANDISE FOR RESALE LIQUOR STORE CUB FOODS 85437 $1,651.43 LAKE REGION VENDING TOBACCO PRODUCTS LIQUOR STORE CUB FOODS 85438 $4,823.30 MARK VII BEER 6/12 PRAIRE VIEW LIQUOR #3 85439 $454.19 MIDWEST COCA COLA BOTTLING COM MISC TAXABLE PRAIRE VIEW LIQUOR #3 85440 $120.25 PEPSI COLA COMPANY MISC TAXABLE PRAIRE VIEW LIQUOR #3 85441 $282.25 PHILLIPS WINE AND SPIRITS INC WINE DOMESTIC PRAIRE VIEW LIQUOR #3 85442 $482.02 PRIOR WINE COMPANY MERCHANDISE FOR RESALE PRAIRE VIEW LIQUOR #3 85443 $3,721.00 THORPE DISTRIBUTING BEER 6/12 LIQUOR STORE CUB FOODS 85444 $1,492.05 EAST SIDE BEVERAGE COMPANY BEER 6/12 PRAIRE VIEW LIQUOR #3 85445 $1,597.00 GRIGGS COOPER & CO MERCHANDISE FOR RESALE LIQUOR STORE CUB FOODS 85446 $2,045.65 THORPE DISTRIBUTING BEER 6/12 PRAIRIE VILLAGE LIQUOR #1 85447 $516.21 AIRTOUCH CELLULAR, BELLEVUE TELEPHONE HUMAN RESOURCES 85448 $750.00 BANIA, DON INSTRUCTOR SERVICE SUMMER SAFETY CAMP 85449 $57.51 HITCHING POST OPERATING SUPPLIES-GENERAL PARK MAINTENANCE 85450 $398.10 HOLIDAY INN HOTEL & SUITES SCHOOLS POLICE 85451 $195.00 ICBO DUES & SUBSCRIPTIONS INSPECTION-ADMIN 85453 $60.00 LEAGUE OF MINNESOTA CITIES CONFERENCE IN SERVICE TRAINING 85454 $54,546.00 LOGIS LOGIS SERVICE INFORMATION SYSTEM 85455 $162.00 MINNEAPOLIS INSTITUTE OF ARTS, SPECIAL EVENTS FEES SPECIAL EVENTS/TRIPS 85456 $360.00 MINNESOTA CHAPTER IAAI-J SCHAD CONFERENCE . FIRE 85457 $45.00 MINNESOTA DEPT OF REVENUE DUES & SUBSCRIPTIONS IN SERVICE TRAINING 85458 $110.00 MN DNR-METRO FORESTRY CONFERENCE IN SERVICE TRAINING 85459 $220.00 MTI DISTRIBUTING CO CONFERENCE IN SERVICE TRAINING 85460 $475.00 NFPA DUES & SUBSCRIPTIONS INSPECTION-ADMIN 85461 $115.00 NFPA DUES & SUBSCRIPTIONS INSPECTION-ADMIN 85462 $99.25 PANELCRAFT BLDG SURCHARGES BUILDING SURCHARGE 85463 $131.15 PETTY CASH OPERATING SUPPLIES-GENERAL INSPECTION-ADMIN 85464 $1,977.41 QUALITY WINE & SPIRTS CO WINE IMPORTED PRAIRIE VILLAGE LIQUOR #1 85465 $60.00 RAFTELIS FINANCIAL CONSULTING TRAINING SUPPLIES WATER UTILITY-GENERAL 85466 $22,493.93 RELIANT ENERGY RETAIL INC. GAS EPCC MAINTENANCE 85467 $1,325.00 RODGERS & HAMMERSTEIN THEATRE OPERATING SUPPLIES-GENERAL SUMMER THEATRE 85468 $277.38 UNIFORMS UNLIMITED CLOTHING & UNIFORMS INSPECTION-ADMIN 85469 $190.00 VISIONARY SYSTEMS LTD OPERATING SUPPLIES-GENERAL INSPECTION-ADMIN 85470 $72.00 WARNING LITES CONFERENCE IN SERVICE TRAINING 85471 $40.00 WOMEN IN LEISURE SERVICES CONFERENCE IN SERVICE TRAINING 85472 $54.00 ALL SAINTS BRANDS DISTRIBUTING BEER 6/12 LIQUOR STORE CUB FOODS 85473 $68.92 AMERIPRIDE LINEN & APPAREL SER OTHER CONTRACTED SERVICES PRAIRE VIEW LIQUOR #3 85474 $1,441.70 BELLBOY CORPORATION MISC NON-TAXABLE LIQUOR STORE CUB FOODS 85476 $310.13 DAHLHEIMER DISTRIBUTING COMPAN BEER 6/12 PRAIRIE VILLAGE LIQUOR #1 85477 $2,943.14 EAGLE WINE COMPANY WINE DOMESTIC PRAIRIE VILLAGE LIQUOR #1 85478 $2,639.95 EAST SIDE BEVERAGE COMPANY BEER 6/12 PRAIRE VIEW LIQUOR #3 85479 $701.00 GRAPE BEGINNINGS WINE DOMESTIC LIQUOR STORE CUB FOODS 85480 $9,999.25 JOHNSON BROTHERS LIQUOR CO MERCHANDISE FOR RESALE PRAIRE VIEW LIQUOR #3 85482 $37.25 MARK VII MISC TAXABLE LIQUOR STORE CUB FOODS 85483 $99.90 NORTH STAR ICE MISC TAXABLE PRAIRE VIEW LIQUOR #3 85484 $17,053.32 PHILLIPS WINE AND SPIRITS INC WINE IMPORTED LIQUOR STORE CUB FOODS