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City Council - 09/04/2001
AGENDA EDEN PRAIRIE CITY COUNCIL TUESDAY,SEPTEMBER 4,2001 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Jean Harris, Councilmembers Sherry Butcher, Ron Case, Jan Mosman, and Nancy Tyra-Lukens CITY STAFF: City Manager Carl Jullie,Parks &Recreation Services Director Bob Lambert, 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 II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. PROCLAMATION OF LITERACY AWARENESS MONTH IN EDEN PRAIRIE V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY,AUGUST 21,2001 B. CITY COUNCIL MEETING HELD TUESDAY,AUGUST 21, 2001 VII. CONSENT CALENDAR A. RIDGEVIEW TECH BUILDING by Mount Properties, Inc. 2nd Reading for Planned Unit Development District Review with waivers on 1.6 acres, Zoning District Amendment within the Office Zoning District on 1.6 acres, and Site Plan Review on 1.6 acres. Location: 7544 Market Place Drive. (Ordinance for PUD District Review and Zoning District Amendment and Resolution for Site Plan Review) B. BLUFFS EAST 17TH ADDITION AMENDMENT by Hustad Land Company. 2nd Reading for Planned Unit Development District Review on 5.78 acres, Zoning District Amendment within the RM-6.5 Zoning District on 5.78 acres, and Site Plan Review on 5.78 acres. Location: South of Pioneer Trail at Franlo Road. (Ordinance for PUD District Review and Zoning District Amendment and Resolution for Site Plan Review) C. WALGREENS DEVELOPMENT by Semper Development, LTD. 2nd Reading for Planned Unit Development District Review on 3.36 acres, Zoning District Amendment within the C-Comm Zoning District on 3.36 acres, and Site Plan Review on 3.36 acres.Location: Northeast Corner of Co Rd.4 and Hwy 5. (Ordinance for PUD District Review and Zoning District Amendment and Resolution for Site Plan Review) CITY COUNCIL AGENDA September 4,2001 Page 2 D. APPROVE DEVELOPERS AGREEMENT FOR THE ALM SUBDIVISION E. APPROVE 2ND READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 9 RELATING TO WATER USAGE FOR SMETANA LAKE F. AUTHORIZE SUBMISSION OF PERMIT APPLICATION FOR 2001-02 WINTER USAGE OF THE LRT TRAIL G. AUTHORIZE ISSUANCE OF GRADING PERMIT TO MATT NILSEN FOR THE CONSTRUCTION OF A BERM AT 7368 WALNUT COURT H. APPROVE VEHICLE LEASE AGREEMENT WITH JIM CARLSON LEASING CO. I. APPROVE PROPOSAL TO CONDUCT FEASIBILITY STUDY TO DECONSTRUCT THE OLD POLICE STATION J. ADOPT RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR MITCHELL ROAD STORM SEWER IMPROVEMENTS,I.C. 01- 5540 VIII. PUBLIC HEARINGS/MEETINGS A. TERREY PINE VILLAS by Matrix Development, LLC. Request for Planned Unit Development Concept Review on 6.39 acres, Planned Unit Development District Review with waivers on 6.39 acres,Zoning District Change from Rural to R1-9.5 on 4.97 acres and Zoning District Amendment within the R1-22 Zoning District on 1.42 acres, and Preliminary Plat on 6.39 acres into 13 lots and one outlot. Location: Terrey Pine Drive. (Resolution for PUD Concept Review, Ordinance for PUD District Review,Zoning Change and Zoning Amendment and Resolution for Preliminary Plat) B. EDEN PRAIRIE AUTO CENTER by Westbrook Development Request for Guide Plan Change from Neighborhood Commercial to Community Commercial on 1.05 acres,Planned Unit Development Concept Amendment on 1.05 acres, Planned Unit Development District Review on 1.05 acres,Zoning District Change from Rural to Community Commercial on 1.05 acres, and Preliminary Plat on 1.05 acres into 1 lot. Location: West of Aztec Drive and east of T.H. 212. (Resolution for Guide Plan Change,Resolution for PUD Concept Amendment, Ordinance for PUD District Review and Zoning Change and Resolution for Preliminary Plat) IX. PAYMENT OF CLAIMS CITY COUNCIL AGENDA September 4,2001 Page 3 X. ORDINANCES AND RESOLUTIONS XI. PETITIONS,REQUESTS AND COMMUNICATIONS A. APPROVE PROPOSAL FOR FLYING CLOUD AIRPORT CITY WEBSITE DEVELOPMENT XII. REPORTS OF ADVISORY BOARDS & COMMISSIONS XIII. APPOINTMENTS XIV. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER C. REPORT OF PARKS AND RECREATION SERVICES DIRECTOR D. 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 XV. OTHER BUSINESS A. CLOSED SESSION ON LITIGATION XVI. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL WORKSHOP/FORUM TUESDAY, SEPTEMBER 4,2001 5:00-6:55 PM, CITY CENTER HERITAGE ROOM II CITY COUNCIL: Mayor Jean Harris, Councilmembers Sherry Butcher,Ron Case, Jan Mosman, and Nancy Tyra-. Lukens CITY STAFF: City Manager Carl Jullie, Public Safety Director Jim Clark, Public Works Services Director Eugene Dietz,Director of Parks and Recreation Services Bob Lambert, Community Development and Financial Services Director Don Uram,Management Services Director Natalie Swaggert, Director of Inspections Kevin Schmieg,Director of Assessing Steve Sinell,Finance Operations Manager Sue Kotchevar, Fire Chief Spencer Conrad, City Attorney Ric Rosow, and Recorder Lorene McWaters I. CALL MEETING TO ORDER—MAYOR JEAN HARRIS II. APPROVAL OF AGENDA III. 2002 BUDGET IV. CITY MANAGER SEARCH FIRMS V. OTHER TOPICS VI. COUNCIL FORUM VII. ADJOURNMENT MEMORANDUM To: Mayor and City Council 0 From: Donald R.Uram,Director of Community Development and Financial Services Date: August 31, 2001 Eden Prairie Subject: 2002 Levy Limits At the August 7 City Council Workshop, staff indicated that they would present the detailed levy limit calculation and the impact on the 2002 proposed budget once it was received. This number was received on August 24. Currently, the 2002 proposed budget totals $30,676,389. This number included a general property tax levy of$21,398,033, a 6%increase over the 2000 property tax levy. The 2002 property tax levy was estimated using the historical levy limit cap. The new State-authorized levy limit totals $22,753,367. The difference between staff's estimate and the State-authorized levy limit is $1,355,334. Using a 95% collection rate,the City's budget could be increased by $1,287,567. There are two primary reasons for the differences between staffs estimate and the actual calculation. • 1. The State-authorized levy limit calculation is based on a two-year Implicit Price Deflator (IPD) of 7.6% as compared to the previous two-year IPD of 4%. 2. The rate of growth in households increased from 6.6%to 8.8%. These numbers, in addition to a two-year rate of increase in new C/I construction of 1.3%,were used to calculate the levy limit. Considering the amount of unfunded Capital Improvements, staff recommends that the Council: 1. Levy the State-authorized amount and certify the preliminary levy at the September 18 Council Meeting. 2. Designate the additional $1.2 million for transfer to the Capital Improvement Program. The final levy amount certified by the City Council in December can be revised if necessary based on the impact on the median-value home. The overall impact on the median-value home will not be known until the County and School District complete their processes sometime in October. MEMORANDUM To: Mayor and City Council 0 From: Donald R.Uram,Director of Community Development and Financial Services Date: August 31,2001 Ede _prairlSubject: Search Firms/City Manager Staff has received proposals from the eight firms that were presented to the City Council at the August 21 City Council Meeting. Staff has summarized those proposals according to the following criteria: 1. Firm Name, Location, and Business Inception Date 2. Recruitment and Selection Process 3. Longevity Guarantee 4. Time Frame 5. Cost 6. Local Searches 7. Principal Recruiters Since all of the firms provide essentially the same service,the only major point of difference is the location of the firms. Therefore, staff recommends that the Council interview the four local firms. Staff recommends that the interviews be completed prior to the September 18 Council Meeting, so a specific firm can be chosen at that time. Attachment: Executive Search Firm Profiles Springsted,Inc. St.Paul,MN Founded: 1951 Recruitment and • Position Analysis Selection Process • Recruitment and Preliminary Screening • Identification of Semi-finalists -•—Selection-ofFinaiists/Candi-dale Presentation • Interview Coordination/Employment Negotiation Longevity 1 year Guarantee Time Frame 120 days Cost $17,000 plus expenses Local Searches City Manager, Grand Rapids Principal • John Moir, Senior Vice President Recruiters • Roger M. Scott, Senior Vice President • John T.Maxwell, Senior Vice President K:\Administ ation\Agenda Preparation\City Council Agenda Packet Items\2001\Sep 4,2001\Workshop Attachment.doc PDI Personnel Decisions International Minneapolis,MN Founded: 1967 Recruitment and • Job Analysis/Determination of Position Requirements Selection Process • Recruitment • Screening • Evaluation • Finalist Assessment • Six-month Performance Review Longevity 2 years Guarantee Time Frame 90-120 days Cost $20,000 plus expenses Local Searches • City Manager, Bloomington • City Manager,North Oaks Principal • Harold P.Brull, Senior Vice President Recruiters • Donna DiMenna, Consultant • Kevin Hudalla, Consultant K_\Administration\Agenda Preparation\City Council Agenda Packet Items\2001\Sep 4,2001\Workshop Attachment.doc Sathe &Associates Inc. Minneapolis,MN Founded: 1974 Recruitment and • Survey, Consensus Building and Profile Development Selection Process • Targeted Custom Research and Sourcing • Methods to Identify Candidates • S-earch-FirmInterviews-and Evaluations • Progress Reports and Meetings • 360°Reference Check • Outside Testing • Selection/Offer • Followup Longevity 1 year Guarantee Time Frame 60-90 days Cost $20,000 plus expenses Local Searches • City Manager, Chanhassen • • City Manager, Centerville • City Manager, Hugo Principal • Mark Sathe, Founder Recruiters • Greg Albrecht, Partner KAAdministration\Agenda Preparation\City Council Agenda Packet Items\2001\Sep 4,2001\Workshop Attachmentdoc Brimeyer Group,Inc. Hopkins,MN Founded.- 1988 Recruitment and • Position Profile Selection Process • Place Announcements/Recruit Candidates • Review Resumes and Screen Candidates • Progress Report • Reference/Credential Checks • Client Interview/Selection Process • Selection • Negotiation of Compensation Package Longevity 18 months Guarantee Time Frame 90-120 days Cost $17,000 plus expenses Local Searches City Administrator, Stillwater City Administrator,Farmington Principal • James Brimeyer Recruiters K:\Administration\Agenda Preparation\City Council Agenda Packet Items\2001\Sep 4,2001\Workshop Attachment.doc The PAR Group Lake Bluff,IL Founded: 1972 Recruitment and • Develop Recruitment Profile Selection Process • Executive Search Process ➢ Process/Screen/Interview Candidates • Present Written Report to Council ➢ (7-10 Candidates for Final Interview) • Final Interviews/Selection Longevity 1 year Guarantee Time Frame 90 days Cost $14,000 plus expenses ($7,000 est.) Local Searches City Manager, Coon Rapids City Manager,Richfield Principal • Steve Bernard, Vice President Recruiters • Paul Reaume,President K:\Administration\Agenda Preparation\City Council Agenda Packet Items\2001\Sep 4,2001\Workshop Attachment.doc The Mercer Group Atlanta, GA Founded: (1981/1990) Recruitment and • Position Analysis Selection Process • Recruitment Process • Resume Review • Candidate Screening • Background Investigation • Interview Process • Negotiation and Followup Longevity 2 years Guarantee Time Frame 60-90 days Cost $12,500 plus $7,500 expenses (not-to-exceed) Local Searches • City Manager,Minnetonka • County Manager,Ramsey County Principal • James Mercer,President Recruiters • K:\Administration\Agenda Preparation\City Council Agenda Packet Items\2001\Sep 4,2001\Workshop Attachment.doc Bennett Associates Northbrook, IL Founded: 1981 Recruitment and • Understand the Assignment/Develop Position Profile Selection Process • Networking/Screening Prospective Candidates • Interviewing,Recommending Finalists (4-6 Finalists Recommended) and Reference Checking • Final Choice Longevity 1 year Guarantee Time Frame 90-120 days Cost $14,500 plus expenses Local Searches City Manager,Brooklyn Park Principal • Mike Casey,Regional Director Recruiters • Richard T. Bennett,Principal K:\Administration\Agenda Preparation\City Council Agenda Packet Items\2001\Sep 4,2001\Workshop Attachment.doc The Oldani Group Bellevue,Washington Founded: 1983 Recruitment and • Development of Recruiting Brochure Selection Process • Recruiting • Screening(50-75 applicants initially, 10-15 shortlist) • Consultant Interviews ($ for Travel) • Recommendation of Finalists/Referencing • Client Interviews/Selection Longevity 2 years Guarantee Time Frame 90-120 days Cost $19,500 plus expenses Local Searches City Manager, Roseville Principal • Jerold Oldani,President Recruiters • Jan Wiessner,Midwest Regional Affiliate K:\Administration\Agenda Preparation\City Council Agenda Packet Items\2001\Sep 4,2001\Workshop Attachment.doc UNAPPROVED NIINUTES EDEN PRAIRIE CITY COUNCIL WORKSHOP/FORUM TUESDAY,AUGUST 21,2001 5:00- 6:55 PM, CITY CENTER HERITAGE ROOM II • CITY COUNCIL: Mayor Jean Harris, Councilmembers Sherry Butcher,Ron Case,Jan Mosman, and Nancy Tyra- Lukens CITY STAFF: Acting City Manager and Director of Financial Services and Community Development Donald Uram, Public Safety Director Jim Clark,Public Works Services Director Eugene Dietz,Director of Parks and Recreation Services Bob Lambert,Finance Operations Manager Sue Kotchevar, City Attorney Ric Rosow, and Recorder Lorene McWaters I. CALL MEETING TO ORDER—MAYOR JEAN HARRIS Mayor Harris called the meeting to order at 5:35 p.m. II. APPROVAL OF AGENDA III. 2002/07 CIP Financial Services Director Don Uram said the proposed CIP and"unfunded challenges" would be presented at this workshop to allow the Council a full month to review the details before the next scheduled CIP workshop, September 18, 2001. Uram defined the CIP as the systematic planning, scheduling and financing of capital projects. A capital improvement is a construction project or capital purchase which costs more than$25,000 and has a useful live of longer than five years. There are three types of capital improvements: maintenance, support, and expansion. Staff currently projects $23,223,028 in capital improvement projects for 2002-2007 and another$4,210,000 in projects beyond 2007. The breakdown of projects by priority, including those beyond 2007,is as follows: "A"Projects, $23,367,782; "B"Projects, $3,433,450; "C"Projects, $521,796. Estimated costs for"A"projects for 2002 to 2007 are: Information Technology $1,241,000 Historical Properties 820,782 Facilities 2,320,000 Park&Recreation 5,230,000 Public Safety 3,096,000 Public Works 6,450,000 Total $19,157,782 COUNCIL WORKSHOP MINUTES August 21,2001 Page 2 Uram noted that the CIP is not self-sustaining, and that all revenues come from other sources. Current revenue sources include$6,874,135 in the CIP fund, a$500,000 from the 2001 general fund, a proposed$717,922 transfer from the 2002 general fund, one- time revenues, and$2,313,176 from the park improvement fund. Uram said he knows of only two remaining one-time revenue sources—a one-acre parcel of city-owned land on 169 next to Broadmoor Apartments and the old police station. Based on projected capital costs and revenue sources,Uram listed the following outcomes: • "A"projects can be funded through 2005 • New Debt Levy of$200,000 for 5 years should be issued to pay for the Joint Public Safety Training Facility • Equipment Certificates should be issued to purchase new public safety vehicles • A CIP funding deficit of$2.5M would necessitate a transfer of$2M from elsewhere • "B" and"C"projects are not currently funded In addition to projects currently in the CIP,the following are unfunded wants and/or needs that have been expressed by citizens,the Council, or staff over the past year: Golden Triangle Area(GTA)traffic projects $6 - 12M Other unfunded transportation projects 10M Southwest Fire Station 2M PCRA Entry 3M Water Park/Community Center 4M Parkland Acquisition 2M Birch Island Woods/Picha Property 1.5M 3rd Ice Sheet 3 -4M Youth Athletic Fields 1 - 5M Golf Course 4- 5M Total $36.5—47.5M In light of the projected$2M shortfall,Uram recommended designating a dedicated revenue source for the CIP—specifically an annual transfer from the liquor enterprise fund. Uram estimated the annual amount available for transfer at about$700,000, which would cover the$2M shortfall over five years and allow for funding of some transportation projects. Uram also recommended continuing general fund transfers and issuing debt when possible. Public Works Director Dietz said that the$2M shortfall referenced by Uram does not include approximately$5.5M in forecasted transportation projects. Dietz noted that with GTA(Golden Triangle Association) cooperation, special assessment bonds could be issued to cover some transportation projects in the Golden Triangle. Dietz said special assessment bonds are a potential source of revenue,but noted that the City should commit to some level of funding of projects in the area. COUNCIL WORKSHOP MINUTES August 21,2001 Page 3 Parks and Recreation Services Director Lambert discussed unfunded Parks and Recreation Services capital improvement projects,including acquisition of the Birch Island Woods (including the Picha property), acquisition of Westgate Conservation Area access point, development of the Purgatory Creek Recreation Area entry, construction of an outdoor pool and improvements to the Eden Prairie Community Center, and restoration of historic sites. Lambert recommended these projects be considered fora referendum in the near future. He also noted that the operating costs for each project should be determined and taken into consideration when planning for funding.He estimates it will take a minimum of six months to adequately prepare for a referendum,including estimating costs and evaluating community support for various projects. He cautioned that the school district has already indicated they may wish to hold a referendum in the Fall, and in the past the City has always agreed not to hold a referendum at the same time as the school district. Lambert also noted that Hennepin County has granted an extension until the end of 2001 for the City to purchase the county's portion of the Birch Island Woods for the assessed price of$650,000. Lambert believes successful preservation of the Woods will depend on the City acquiring both the County's portion of the parcel and the 4-acre Picha parcel. Lambert said some members of the Picha family have expressed interest in selling the land to the City for preservation purposes. Lambert recommended that the City attempt to obtain 2-year options on both parcels, and then raise funds to pay for the land. Lambert said improvements to the parcel to make it accessible to the public would come to less than$50,000 and would include a wood-chipped trail and a small parking lot. Lambert thinks the County may view a 2-year option favorably because a main objective appears to be to dispose of the land for a fair market price without having to go through another costly legislative session. Councilmember Case asked that staff conduct some research into recent City and School District referendums to help determine optimal timing and evaluate which types of projects are generally supported. IV. OTHER TOPICS V. COUNCIL FORUM A. ZERO EXPANSION Vicky Pellar-Price and Kim Vohs provided an update on recent Zero Expansion activities.Pellar-Price said the group met with Representative Jim Ramstad on August 10, and provided copies of a letter Ramstad sent to the FAA regarding opposition to expansion. Pellar-Price said the group has a meeting planned with Senator Wellston in about two weeks. Zero Expansion has also worked with several other groups opposing airport expansion,including NPTA,the League of Hard of Hearing, and Mothers Against Airport Pollution. 3 COUNCIL WORKSHOP MINUTES August 21,2001 Page 4 Vohs said Zero Expansion is interested in exploring the possibility of bringing their efforts and the City's efforts onto a parallel track since MAC has rebuffed the City's recent efforts at negotiation. He asked for clarification on the City's stance regarding the upcoming MAC hearing on the preliminary EIS. City Attorney Ric Rosow indicated that much of the information on the City's efforts must remain confidential for now,but that he would check with Special Counsel Peter Kirsch to determine if there is anything Zero Expansion can work on with the City. Councilmember Case expressed frustration at not being able to provide more information in a timely manner to citizens. Rosow said a proposal will be presented at the September 4 Council Meeting to develop a City Website that will provide current information on the Airport. VI. ADJOURNMENT Mayor Harris adjourned the meeting at 6:57 p.m. • J , UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY,AUGUST 21,2001 7:00 PM,CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Jean Harris, Councilmembers Sherry Butcher, Ron Case, Jan Mosman, and Nancy Tyra-Lukens CITY STAFF: Parks & Recreation Services Director Bob Lambert, Public Works Services Director Eugene Dietz, Community Development and Financial Services Director Don Uram, Management Services Director Natalie Swaggert, City Planner Michael Franzen, 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. COUNCIL FORUM INVITATION Mayor Harris said Council Forum is held the first and third Tuesdays of the month from 6:30 — 6:55 p.m. in Heritage Room II. This will be scheduled time following City Council Workshops and immediately preceding regular City Council Meetings. It is important if you wish to visit with the City Council and Service Area Directors at this time that you notify the City Manager's office by noon of the meeting date with your request. IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Case added an item about the water surcharge/native plant initiative disconnect, and Butcher added an item about the Grace Church project, under XIII. A. Reports of Councilmembers. MOTION: Tyra-Lukens moved, seconded by Mosman, to approve the agenda as published and amended. Motion carried 5-0. V. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY,AUGUST 7,2001 MOTION: Butcher moved, seconded by Tyra-Lukens,to approve the minutes of the Council Workshop held Tuesday, August 7, 2001, as published. Motion carried 5-0. 1 CITY COUNCIL MINUTES August 21,2001 Page 2 B. CITY COUNCIL MEETING HELD TUESDAY,AUGUST 7,2001 MOTION: Mosman moved, seconded by Case, to approve the minutes of the City Council Meeting held Tuesday, August 7, 2001, as published. Motion carried 5-0. VI. CONSENT CALENDAR • A. GIRARROSTO TOSCANO RESTAURANT by Girarrosto Toscano, Inc. 2nd Reading for Planned Unit Development District Review with waivers on 1.66 acres, Zoning District Amendment within the C-Reg-Ser Zoning District on 1.66 acres, and Site Plan Review on 1.66 acres. Location: 12365 Singletree Lane. (Ordinance No. 28-2001-PUD-18-2001 for PUD District Review and Zoning District Amendment and Resolution No. 2001-124 for Site Plan Review) B. ADOPT RESOLUTION NO. 2001-125 APPROVING FINAL PLAT OF GRACE CHURCH ADDITION C. AUTHORIZE ISSUANCE OF GRADING PERMIT TO STEVEN BROWN FOR CULVERT REPLACEMENT AT 9950 DELL ROAD D. APPROVE SUPPLEMENTAL PROFESSIONAL SERVICES AGREEMENT WITH TKDA FOR CONTRACT ADMINISTRATION SERVICES FOR THE UTILITY VEHICLE STORAGE BUILDING, I.C. 00-5516 E. APPROVE SPECIAL ASSESSMENT AGREEMENT FOR INFRASTRUCTURE IMPROVEMENTS ON EDEN PRAIRIE ROADS SOUTH OF RILEY CREEK(WOODBEAR HIGHLANDS) F. ADOPT RESOLUTION NO. 2001-126 APPROVING PLANS AND SPECIFICATIONS FOR RIVERVIEW ROAD STORM SEWER IMPROVEMENTS,I.C. 52-157 G. ADOPT RESOLUTION NO. 2001-127 APPROVING A LIMITED USE PERMIT WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION FOR TRAIL CONSTRUCTION ALONG TH HIGHWAY 212 H. APPROVE AMENDMENT TO PROJECT MANAGEMENT AGREEMENT TO EXTEND THE ALLOWABLE COMPLETION OF THE ROLLING HILLS SENIOR APARTMENT PROJECT TO OCTOBER 3,2003 I. RELEASE THE ROLLING HILLS SENIOR HOUSING PROPERTY FROM THE TERMS OF THE JULY 3, 1979, DEVELOPER'S AGREEMENT BETWEEN THE CITY AND HARTFORD REAL ESTATE COMPANY a CITY COUNCIL MINUTES August 21,2001 Page 3 J. ADOPT RESOLUTION NO. 2001-128 GRANTING A 24-MONTH EXTENSION TO DEVELOPER'S AGREEMENT BETWEEN SILVERCREST PROPERTIES AND THE CITY OF EDEN PRAIRIE FOR EDEN SHORES SENIOR CAMPUS MOTION: Tyra-Lukens moved, seconded by Case, to approve Items A-J on the Consent Calendar. Motion carried 5-0. VII. PUBLIC HEARINGS/MEETINGS A. EDEN PRAIRIE HIGH SCHOOL SIGN PLAN by Eden Prairie High School. Request for Planned Unit Development Concept Amendment on 68 acres, Planned Unit Development District Review with waivers on 68 acres, and-Zoning District Amendment within the Public Zoning District on 68 acres. Location: 17185 Valley View Road. (Resolution No. 2001-129 for Planned Unit Concept Amendment, Ordinance for PUD District Review and Zoning District Amendment) Uram said official notice of this public hearing was published in the August 9, 2001,Eden Prairie News and was sent to 144 property owners. • Steve Schultz,Activities Director for Eden Prairie High School,was representing the high school and explained the sign plan. He stated that the school has had many additions and it is now a large campus, with two entrances into the property. The outdoor plan for signage has been completed, and the school was requesting sign waivers from the City code to carry out its plan. They now propose to put signs on the doors at the five major entrances into the building. One sign will be at the Activity Center entrance, one at the entrance to the Performing Arts Center, and one each for the east, north and south entrances. There will also be a sign on the door of the Aerie Stadium. The school has proposed a freestanding, 8-foot-tall sign at the entrance off County Road 4 and another at the Valley View Road entrance. It is proposed to add intermediate directional signage for the parking lots, stadium, etc. Franzen said the Community Planning Board voted 7-0 to recommend approval of the sign plan with waivers at its August 13,2001 meeting. Mayor Harris asked if anyone wished to address the Council. No one did. MOTION: Tyra-Lukens moved, seconded by Butcher, to close the public hearing; and adopt Resolution No. 2001-129 for PUD Concept Review on 68 acres; and approve lst Reading of the Ordinance for PUD District Review and Zoning District Amendment within the Public Zoning District on 68 acres. Motion carried 5-0. B. WALGREENS DEVELOPMENT by Semper Development, LTD. Request for Planned Unit Development Concept Amendment on 3.36 acres to the overall 3 CITY COUNCIL MINUTES August 21,2001 Page 4 Gonyea PUD, Planned Unit Development District Review on 3.36 acres, Zoning District Amendment within the C-Comm Zoning District on 3.36 acres, and Site Plan Review on 3.36 acres. Location: Northeast Corner of Co. Rd. 4 and Hwy 5. (Resolution No. 2001-130 for Planned Unit Concept Amendment, Ordinance for PUD District Review and Zoning District Amendment) Uram said official notice of this public hearing was published in the August 9, 2001,Eden Prairie News and was sent to 21 property owners. John Kohler, an architect with Semper Development, said the project originally included a 3,658-square-foot bank. The bank is no longer part of the project, so they requested approval to go ahead with the revised project, which is a 14,314 square-foot Walgreens store. This change also means the project will no longer encroach on the wetlands. Franzen said the Community Planning Board voted 8-0 to recommend approval of the project at its July 9, 2001 meeting. The project meets the City's requirements for commercial zoning. Mayor Harris asked if anyone wished to address the Council. No one did. MOTION: Butcher moved, seconded by Case, to close the public hearing; and adopt Resolution No. 2001-130 for PUD Concept Review on 3.36 acres; and approve 1st Reading of the Ordinance for PUD District Review and Zoning District Amendment within the C-Comm Zoning District on 3.36 acres; and direct Staff to prepare a Developer's Agreement incorporating Staff and Board recommendations. Motion carried 5-0. VIII. PAYMENT OF CLAIMS MOTION: Tyra-Lukens moved, seconded by Case to authorize Payment of Claims. Motion was approved on a roll call vote,with Butcher, Case,Mosman, Tyra-Lukens and Harris voting"aye." IX. ORDINANCES AND RESOLUTIONS A. EDEN PRAIRIE HIGH SCHOOL SIGN PLAN by Eden Prairie High School. 2nd Reading for Planned Unit Development District Review with waivers on 68 acres, and Zoning District Amendment within the Public Zoning District on 68 acres. Location: 17185 Valley View Road. (Ordinance No. 29-2001-PUD-19- 2001 for PUD District Review and Zoning District Amendment) Uram explained that in order for the school district to begin construction on the new signs, the Council is requested to take action on the second reading of the ordinance for Eden Prairie High School's sign plan. MOTION: Mosman moved, seconded by Case, to approve the 2nd Reading of Ordinance No. 29-2001-PUD-19-2001 for PUD District Review and Zoning y CITY COUNCIL MINUTES August 21,2001 Page 5 District Amendment within Public Zoning District on 68 acres. Motion carried 5-0. X. PETITIONS,REQUESTS AND COMMUNICATIONS XI. REPORTS OF ADVISORY BOARDS & COMMISSIONS XII. APPOINTMENTS XIII. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Interim City Manager—Mayor Harris Mayor Harris said she and Councilmember Nancy Tyra-Lukens recommended the appointment of Carl Jullie as interim City Manager. All three candidates were interviewed and possessed excellent qualifications. Each of the candidates was asked the same questions. However, Carl Jullie's experience as former City Manager will be invaluable to the City during this interim period and,therefore,he was the better choice. The proposed contract includes a base salary of$114,000 per annum, with a term of up to six months and with an option to extend for an additional period of time of up to six months, in the event that a permanent City Manager has not been chosen after six months. Mayor Harris said Mr. Jullie was prepared to take office Wednesday morning,August 22. MOTION: Tyra-Lukens moved, seconded by Butcher, to appoint Carl J. Jullie as the interim City Manager and approve the appointing agreement. Motion carried 5-0. 2. Water Surcharge and Native Plant Incentive—Councilmember Case Case referenced an article in the.August 16 Eden Prairie News entitled, "Ask the Police", about the ordinance against long grass on private property. He recalled the Council had approved allowing some kinds of native plants to grow on private property without penalty. Case said he asked staff what happened to allowing native plants, and was told that at the staff level they ran into some problems with it. Case said the City has charged a record number of fines for watering at the wrong times — 590 tickets have been mailed to residents this summer. In addition, some record-setting surcharges are going out for high water use. At the same time the City is collecting this money, it is not giving people any incentives to grow native grasses to conserve water. The surcharge was supposed to go hand-in-hand with the incentive program. Case said he wanted to see something done with the incentive portion of this. The 5 CITY COUNCIL MINUTES August 21,2001 Page 6 Council could send it back to the staff and have them work on it and bring it back to the Council. Dietz replied the problem was how to deal with the issue of the relationship between neighbors who want tall native grass and those who don't. He suggested that Council might wish to discuss that particular issue at a Workshop in the coming months. Mayor Harris agreed that a good way to discuss this would be in the context of a Workshop. Dietz said it would be placed on the Workshop schedule. Mosman said it would be very desirable to invite a member of the engineering staff from the watershed district to the Workshop. 3. Early Starting Hour at Grace Church Site—Councilmember Butcher Butcher said residents who live across from the Grace Church site told her of their concern about noises they have heard from the site in the early morning hours. Butcher checked with City staff and found that an "early start"permit was granted that allowed work to begin at 6:00 a.m., but only for metal tying. She wanted the residents to know staff is sensitive to this issue and is monitoring the situation, particularly Jean Johnson. The neighbors can call the police early in the morning if they find the noise is undesirable, or call Jean Johnson after the City Center is open. B. REPORT OF CITY MANAGER 1. Executive Search Firms Uram provided a list of executive search firms. Four are locally based and four are nationally based. The Mercer Group in Atlanta, Brimeyer Group, Inc. in Hopkins and Sathe &Associates in St. Louis Park, have submitted proposals. Uram said the City expects to have proposals from the remainder by the end of the week, and will forward them to the City Council as soon as they are received. These proposals will be discussed at the next Council meeting on September 4, 2001. C. REPORT OF PARKS AND RECREATION SERVICES DIRECTOR D. 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 CITY COUNCIL MINUTES August 21,2001 Page 7 H. REPORT OF CITY ATTORNEY XIV. OTHER BUSINESS A. CLOSED SESSION ON LITIGATION Rosow said at the Council's direction a letter went out to MAC Executive Director Jeffrey Hamiel under the Mayor's signature, requesting right-of-way easements from MAC and requesting a response by Tuesday, August 14, 2001. No response was received from Jeffrey Hamiel, but Rosow was told that Hamiel was out of the country until the end of last week. Rosow said he thought it would be appropriate to give them a little more time to respond rather than to take any further action that night. He did not believe a closed session would be necessary. Regarding MAC's public hearing on the supplemental draft EIS for expansion of Flying Cloud Airport,which is being held on September 19,Rosow said he would be preparing comprehensive comments for the City. He will ask the Mayor to give a summary of the City's comments at the public hearing. In addition, he will be coming to the next Council meeting with a proposal for a communication package for the City's Web site so there will be more current information on the City's position. Case asked if there is any role for the City, as a governing body, to encourage residents to come to the public hearing where Ordinance 51 will be discussed, in order to let residents know how important the matter is. Rosow replied there would certainly be an opportunity to do that. In addition, he could foresee using the media consultant that has been retained. Butcher said using the City's Web site seemed reasonable. Rosow said in terms of the will of the public, it is very important to have a good turnout. Not only would that fact be reported later, it impresses the policy makers who are present. Staff could be directed to "get out the word" to encourage greater public participation at the meeting. Case said there are several quick and inexpensive ways to do that - through press releases, a letter from the Mayor to the newspaper, etc. The City needs to be rather vocal in order for people to show their interest in this matter. MAC's public hearing on the supplemental draft environmental impact statement for expanding Flying Cloud Airport and plans to eliminate Ordinance 51 is being held on Wednesday, September 19, 2001, at 7:00 p.m., in the Hennepin Technical College auditorium, 13100 College View Drive, Eden Prairie. MOTION: Case moved, seconded by Tyra-Lukens, to direct staff to send out information, with a minimum of expense, encouraging the public to attend the Metropolitan Airport Commission's public hearing on September 19, 2001. Motion carried 5-0. CITY COUNCIL MINUTES August 21,2001 Page 8 Mosman suggested that if people have questions or concerns, or wanted to know if it is permissible for them to give a speech at the public hearing, they could call the City. They should talk to Scott Kipp to get information regarding the process. The customer service staff could have basic information to give people regarding time,place, etc. XV. ADJOURNMENT MOTION: Butcher moved, seconded by Tyra-Lukens, to adjourn the meeting. Motion carried 5-0. Mayor Harris adjourned the meeting at 7:35 p.m. 7 CITY COUNCIL AGENDA DATE: 09/04/01 SECTION: Consent Calendar SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development Donald R.Uram Ridgeview Tech Building •A , Scott A.Kipp Requested Action Move to: • Approve 2nd Reading of the Ordinance for PUD District Review with waivers and Zoning District Amendment within the Office Zoning District on 1.6 acres; and • Adopt the Resolution for Site Plan Review,on 1.6 acres; and • Approve the Developer's Agreement for Ridgeview Tech Building. Synopsis This project is for an 18,820 square foot office building located at 7544 Market Place Drive. Attachments 1. Ordinance for PUD District Review with waivers and Zoning District Amendment 2. Resolution for Site Plan Review 3. Developer's Agreement RIDGEVIEW TECH BUILDING CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. -2001-PUD- -2001 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CERTAIN LAND WITHIN A ZONING DISTRICT, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be amended within the Office Zoning District_-2001-PUD-_-2001 (hereinafter"PUD-_-2001-Office). Section 3. . The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of September 4, 2001, entered into between Ridgeview Office, L.L.C. and the City of Eden Prairie, (hereinafter "Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD-_-2001-Office, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-_-2001-Office is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD- -2001-Office 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-_-2001-Office are justified by the design of the development described therein. D. PUD-_-2001-Office 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. a. Section 5. The proposal is hereby adopted and the land shall be, and hereby is amended within the Office District and shall be included hereafter in the Planned Unit Development =2001-Office, 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 7th day of August,2001, 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 4th day of September, 2001. ATTEST: Kathleen A.Porta, City Clerk Jean L. Harris,Mayor PUBLISHED in the Eden Prairie News on • Exhibit A Ridgeview Tech Building Legal Description: Lot 1,Block 1,Bryant Lake Center 3rd Addition, Hennepin County,MN. I RIDGEVIEW TECH BUILDING CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO. =2001-PUD-_-2001 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 7544 Market Place Drive within the Office Zoning District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen 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.) RIDGEVIEW TECH BUILDING CITY OF EDEN PRAIRIE HENNEPIN COUNTY,NIINNESOTA RESOLUTION NO. 2001- A RESOLUTION GRANTING SITE PLAN APPROVAL FOR RIDGEVIEW TECH BUILDING BY RIDGEVIEW OFFICE,L.L.C. WHEREAS, Ridgeview Office, L.L.C., has applied for Site Plan approval of Ridgeview Tech Building on 1.6 acres for construction of an 18,820 square foot office building within the Office Zoning District on 1.6 acres by an Ordinance approved by the City Council on September 4, 2001; and WHEREAS, the Community Planning Board reviewed said application at a public hearing at its June 25, 2001 meeting and recommended approval of said site plans; and WHEREAS,the City Council has reviewed said application at a public hearing at its August 7, 2001 meeting. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval be granted to Ridgeview Office, L.L.C., for the construction of an 18,820 square foot office building, based on plans dated July 18, 2001,between Ridgeview Office, L.L.C., and the City of Eden Prairie. ADOPTED by the City Council of the City of Eden Prairie this 4th day of September, 2001. Jean L. Harris,Mayor ATTEST: Kathleen A. Porta, City Clerk DEVELOPER'S AGREEMENT RIDGEVIEW TECH BUILDING THIS AGREEMENT is entered into as of September 4,2001,by Ridgeview Office,L.L.C., a Minnesota limited liability corporation,hereinafter referred to as"Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation,hereinafter referred to as "City": WITNESSETH: WHEREAS,Developer has applied to City for Planned Unit Development Concept Amendment on 1.6 acres,Planned Unit Development District Review with waivers on 1.6 acres, Zoning District Amendment within the Office Zoning District on 1.6 acres, and Site Plan Review on 1.6 acres,legally described on Exhibit A(the"Property"); NOW,THEREFORE,in consideration of the City adopting Resolution No. 2001-120 for Planned Unit Development Concept Amendment, Ordinance No. for Planned Unit Development District Review and Zoning District Amendment within the Office Zoning District, and Resolution No. for Site Plan Review,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 stamp dated July 18, 2001, reviewed and approved by the City Council on August 7, 2001, (hereinafter the "Plans") and identified on Exhibit B, subject to such changes and modifications as provided herein. 2. EXHIBIT C: Developer agrees to the terms,covenants,agreements,and conditions set forth in Exhibit C. 3. DEVELOPER'S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a violation of City Code relating to use of the Land construction thereon or failure to fulfill an obligation imposed upon the Developer pursuant to this Agreement, City need not issue a building or occupancy permit for construction or occupancy on the Land while such a violation is continuing,unless waived by City. The existence of a violation of City Code or the failure to perform or fulfill an obligation required by this Agreement shall be determined solely and conclusively by the City Manager of the City or a designee. 4. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall release,defend and indemnify City,its elected and appointed officials, employees and agents from and against any and all claims, demands, lawsuits, complaints, loss, costs (including attorneys' fees), damages and injunctions relating to any acts, failures to act, errors, omissions of Developer or Developer's consultants,contractors,subcontractors,suppliers and agents. Developer shall not be released from its responsibilities to release, defend and indemnify because of any inspection,review or approval by City. 5. EXTERIOR MATERIALS: Prior to building permit issuance,Developer shall submit to the City Planner,and receive the City Planner's written approval of a plan depicting exterior materials and colors to be used on the buildings on the Property. Prior to issuance of any occupancy permit for the Property, Developer shall complete implementation of the approved exterior materials and colors plan in accordance with the terms and conditions of Exhibit C, attached hereto. 6. GRADING,DRAINAGE,AND EROSION CONTROL PLANS: A. FINAL GRADING AND DRAINAGE PLAN:Developer agrees that the grading and drainage plan contained in the Plans is conceptual. Prior to the release of a land alteration permit for the Property, Developer shall submit and obtain the City Engineer's written approval of a final grading and drainage plan for the Property. The final grading and drainage plan shall include all wetland, wetland buffer strips, wetland buffer monument locations,water quality ponds, storm water detention areas and other items required by the application for and release of a land alteration permit. All design calculations for storm water quality and quantity together with a drainage area map shall be submitted with the final grading and drainage plan. Prior to release of the grading bond, Developer shall certify to the City that the water quality pond conforms to the final grading plan. Developer shall employ the design professional who prepared the final grading plan. The design professional shall monitor construction for conformance to the approved final grading plan and 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. IRRIGATION PLAN: Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for irrigation of the landscaped areas on the Property. The irrigation plan shall be designed so that water is not directed on or over public trails and sidewalks. Developer shall complete implementation of the approved irrigation plan in accordance with the terms and conditions of Exhibit C prior to issuance of any occupancy permit for the Property. 8. LANDSCAPE PLAN: Prior to building permit issuance,the Developer shall submit to the City Planner and receive the City Planner's written approval of a final landscape plan for the Property. The approved landscape plan shall be consistent with the quantity,type, and size of plant materials shown on the landscape plan on the Plans. Developer shall furnish to the City Planner and receive the City Planner's approval of a landscape bond equal to 150%of the cost of said improvements as required by City Code. Prior to issuance of any occupancy permit for the Property, Developer shall complete implementation of the approved landscape plan in accordance with the terms and conditions of Exhibit C. 9. MECHANICAL EQUIPMENT SCREENING: Developer shall submit to the City Planner, and receive the City Planner's written approval of a plan for screening of mechanical equipment on the Property. For purposes of this paragraph, "mechanical equipment" includes gas meters, electrical conduit,water meters, and standard heating,ventilating, and air-conditioning units. Security to guarantee construction of said screening shall be included with that provided for landscaping on the Property, in accordance with City Code requirements. Developer shall complete implementation of the approved plan prior to issuance of any occupancy permit for the Property. If, after completion of construction of the mechanical equipment screening,it is determined by the City Planner,in his or her sole discretion,that the constructed screening does not meet the Code requirements to screen mechanical equipment from public streets and differing, adjacent land uses, then the City Planner shall notify Developer and Developer shall take corrective action to reconstruct the mechanical equipment screening in order to cure the deficiencies identified by the City Planner. Developer agrees that the City will not release the security provided until Developer completes all such corrective measures. 10. PRETREATMENT PONDS: The private water quality treatment pond to serve the Property is located on a portion of Lot 1,Block 1,Extended Stay America. Prior to building permit issuance for the Property, Developer shall submit to the City Engineer and receive the City Engineer's written approval of a survey of the existing pond bottom elevations to verify that adequate storage volumes exist and conform with the original pond design calculations. If siltation has occurred reducing the storage volume for water quality purposes,the Developer shall be responsible to excavate the pond to the original pond 9 contours in accordance with the maintenance agreements between the properties utilizing the pond for water quality purposes. Developer shall complete implementation of the approved storm water quality facility plan prior to issuance of any occupancy permit for the Property. 11. PRIVATE DRIVEWAY: Prior to building permit issuance for the Property, Developer shall submit proof to the City Planner that a reciprocal, joint access and maintenance agreement for the shared driveway between Lot 1,Block 1,Bryant Lake Center 3rd Addition and Outlot A,Bryant Lake Center 3rd Addition has been filed against the Property with the Hennepin County Recorder's/Registrar of Titles'Office in a form approved in writing by the City Planner. 12. PROOF OF PARKING SPACES: Developer and City acknowledge that the 12 proof of parking spaces proposed for the Property, depicted in the Plans, are not required to be constructed at this time. At such time as the City Manager,in his or her sole discretion, determines that it is necessary for all or a portion of the proof of parking spaces to be constructed in order to accommodate the building use, the City Manager shall notify the Developer in writing of the need to construct additional proof of parking spaces. This notification shall include the number, location and timetable for construction of the additional proof-of-parking spaces. Developer shall comply with all requirements contained in the City Manager's notification. 13. PUD WAIVERS GRANTED: The city hereby grants the following waivers to City Code requirements within the Office Zoning District through the Planned Unit Development District Review for the Property, as depicted in Exhibit B, and incorporates said waivers as part of PUD A. Front yard structure setback of 20 feet along I-494. City Code requires 35 feet. B. Zero lot line setback to parking. City Code requires 10 feet. 14. 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. 15. TRASH: Developer agrees that all trash, trash receptacles and recycling bins shall at all times be located inside of the building enclosures depicted on the Plans. 16. TRAVEL DEMAND MANAGEMENT PLAN: Developer shall implement the Travel Demand Management Plan(TDM)at the site to help reduce traffic congestion within the area according to the attached plan shown as Exhibit E. Prior to issuance of a building permit on the Property,the Developer shall provide to the City a Letter of Credit in the amount equal to the estimated cost($18,600) 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 manner: 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 exchange for the then existing Letter of Credit, a new or amended Letter of Credit in an amount equal to the previous total, less the total receipts submitted. I ! CITY COUNCIL AGENDA DATE: 09/04/01 SECTION: Consent Calendar SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development Donald R. Uram Bluffs East 17th Addition Amendment VT ,'- Michael D. Franzen Requested Action Move to: • Approve 2nd Reading of the Ordinance for PUD District Review with waivers and Zoning District Amendment within the RM-6.5 Zoning District on 5.78 acres; and • Adopt Resolution for Site Plan Review on 5.78 acres; and • Approve the Developer's Agreement for Bluffs East 17th Addition Amendment Synopsis This project is 22 one-story townhomes located in the southeast corner of Pioneer Trail and Franlo Road. Attachments 1. Ordinance for PUD District Review with waivers and Zoning District Amendment 2. Resolution for Site Plan Review 3. Developer's Agreement BLUFFS EAST 17TH ADDITION AMENDMENT • CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 27-2001-PUD-17-2001 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 RM-6.5 Zoning District 27-2001-PUD-17-2001 (hereinafter "PUD-17-2001-RM-6.5). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of August 21, 2001, entered into between Trek Development, Inc. and the City of Eden Prairie, (hereinafter "Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD-17-2001-RM-6.5, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-17-2001-RM-6.5 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-17-2001-RM-6.5 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-17-2001-RM-6.5 are justified by the design of the development described therein. D. PUD-17-2001-RM-6.5 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. 2 Section 5. The proposal is hereby adopted and the land shall be, and hereby is amended within the RM-6.5 Zoning District and shall be included hereafter in the Planned Unit Development 17-2001-RM-6.5, 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 7th day of August, 2001, 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 4th day of September, 2001. ATTEST: Kathleen A.Porta, City Clerk Jean L. Harris,Mayor PUBLISHED in the Eden Prairie News on 3 Exhibit A Bluffs East 17th Addition Legal Description: That part of the Southeast Quarter of Section 25, Township 116, Range 22 lying Westerly of a line drawn North at a right angle to the South line thereof from a point thereon distant 687.20 feet East of the Southwest corner of said Southeast Quarter and Southerly of the centerline of County State Aid Highway No. 1 shown as a survey line on Hennepin County Highway Plat No. 6, except that part lying South of the North line of the plats of MARK CHARLES ADDITION and MARK CHARLES SECOND ADDITION. Legal Description after Final Plat: Lots 1 —23,Block 1, Bluffs East 17th Addition BLUFFS EAST 17TH ADDITION AMENDMENT CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO. 27-2001-PUD-17-2001 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 south of Pioneer Trail at Franlo Road, within the RM-6.5 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.) s . BLUFFS EAST 17TH ADDITION AMENDMENT CITY OF EDEN PRAIRIE HENNEPIN COUNTY,NIINNESOTA RESOLUTION NO. 2001- A RESOLUTION GRANTING SITE PLAN APPROVAL FOR BLUFFS EAST 17TH ADDITION AMENDMENT BY TREK DEVELOPMENT INC WHEREAS, Trek Development, Inc., has applied for Site Plan approval of Bluffs East 17th Addition Amendment on 5.78 acres for construction of 22 one-story townhouses to be zoned in the RM-6.5 Zoning District on 5.78 acres by an Ordinance approved by the City Council on August 21, 2001; and WHEREAS,the Community Planning Board reviewed said application at a public hearing at its June 25, 2001 meeting and recommended approval of said site plans; and WHEREAS,the City Council has reviewed said application at a public hearing at its August 7, 2001 meeting. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval be granted to Hustad Land Company, for the construction of 22 one-story townhouses, based on plans dated July 13, 2001, between Hustad Land Company, and the City of Eden Prairie. ADOPTED by the City Council of the City of Eden Prairie this 4th day of September, 2001. Jean L. Harris,Mayor ATTEST: Kathleen A.Porta, City Clerk DEVELOPER AGREEMENT BLUFFS EAST 17Th ADDITION AMENDMENT THIS AGREEMENT is entered into as of September 4,2001,by Trek Development Inc.,a Minnesota Corporation,hereinafter referred to as"Developer,"and the CITY OF EDEN PRAIRIE, a municipal corporation,hereinafter referred to as "City": WITNESSETH: WHEREAS, Developer has applied to City for Planned Unit Development Concept Amendment on 5.78 acres, Planned Unit Development District Review on 5.78 acres, Zoning District Amendment within RM 6.5 Zoning District on 5.78 acres, Site Plan Review on 5.78 acres, Preliminary Plat of 5.78 acres into 23 lots, legally described on Exhibit A(the"Property"); WHEREAS,Developer and City entered into that certain Developer's Agreement between the parties as of February 6,2001,pertaining to the Property("Original Developer's Agreement"). NOW,THEREFORE,in consideration of the City adopting Resolution No.2001- for Planned Unit Development Concept Amendment, Ordinance No. for Planned Unit Development District Review and Zoning District Amendment within the RM 6.5 Zoning District, Resolution No. 2001- for Site Plan Review, and Resolution No. 2001- for Preliminary Plat,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 July 13, 2001, reviewed and approved by the City Council on August 7, 2001,and identified on Exhibit B,attached hereto,subject to such changes and modifications as provided herein. 2. EXHIBIT C: Developer agrees to the terms, covenants, agreements, and conditions set forth in Exhibit C. 3. DEVELOPER'S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a violation of City Code relating to use of the Land construction thereon or failure to fulfill an obligation imposed upon the Developer pursuant to this Agreement, City need not issue a building or occupancy permit for construction or occupancy on the Land while such a violation is continuing,unless waived by City. The existence of a violation of City Code or the failure to perform or fulfill an obligation required by this Agreement shall be determined solely and conclusively by the City Manager of the City or a designee. 4. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall release,defend and indemnify City,its elected and appointed officials,employees and agents from and against any and all claims, demands, lawsuits, complaints, loss, costs (including attorneys' fees), damages and injunctions relating to any acts, failures to act, errors, omissions of Developer or Developer's consultants,contractors,subcontractors,suppliers and agents. Developer shall not be released from its responsibilities to release, defend and indemnify because of any inspection,review or approval by City. 5. 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 grading 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 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. 6. 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 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. 7. LANDSCAPE PLAN: Prior to building permit issuance,the Developer shall submit to the City Planner and receive the City Planner's written approval of a final landscape plan for the Property. 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 landscape plan in accordance with the terms and conditions of Exhibit C. 8. 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 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. 9. SIDEWALK AND TRAIL CONSTRUCTION: Prior to issuance by City of any building permit on the Property, Developer shall submit to the Director of Parks and Recreational Services 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 Director of Parks and Recreation Services. Sidewalks and trails shall be constructed in the following locations: A. A five-foot wide concrete sidewalk to be located along Franlo Road as depicted in Exhibit B, attached hereto. Developer shall complete implementation of the approved plans in accordance with the terms of Exhibit C prior to issuance of any occupancy permit for the Property. 10. 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. 11. 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 Cl Engineer,and obtain the City Engineer's written approval of plans for streets,public sanitary sewer,water and storm sewer. Plans for public infrastructures shall be of a plan view and profile on 24 x 36 plan sheets consistent with City standards. A permit fee of five percent of construction value shall be paid to City by Developer. The design engineer shall provide daily inspection,certify completion in conformance to approved plans and specifications and provide record drawings. Developer agrees to complete implementation of the approved street and utility plans prior to building permit issuance. 12. TREE LOSS-TREE REPLACEMENT: There are 69 diameter inches of significant trees on the Property. Tree loss related to development on the Property is calculated at 120 diameter inches. Tree replacement required is 59 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 59 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 agrees to complete implementation of the approved tree replacement plan prior to building permit issuance. 13. VACATION OF EXISTING RIGHT OF WAY: Prior to issuance of a land alteration permit,building permit or release of a final plat for the Property(whichever occurs first),the following shall be required: The Developer shall submit the City Engineer a written evidence in recordable form that all utility companies have consented to the vacation of that portion of Franlo Road right of way identified as Vacation 00-09,such document to be in form and content acceptable to the City, and that the Developer has a written agreement with each utility company to relocate existing utility lines outside the proposed vacation area if required. A resolution vacating portions of Franlo Road right of way as presented to Council on January 16,2001 as Vacation Number 00-09 was approved by Council. 14. EXISTING DEVELOPER'S AGREEMENT: Paragraphs 1 - 13 of the Original Developer's Agreement are hereby deleted. CITY COUNCIL AGENDA DATE: 09/04/01 SECTION: Consent Calendar SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development Donald R.Uram Walgreens ,C, Michael D. Frrn7en Requested Action Move to: • Approve 2nd Reading of the Ordinance for PUD District Review with waivers and Zoning District Amendment within the C-Comm Zoning District on 3.36 acres; and • Adopt the Resolution for Site Plan Review on 3.36 acres; and • Approve the Developer's Agreement for Walgreens Synopsis This project is for a 14,490 square foot retail building located at the southeast corner of Co. Rd. 4 and Highway 5. Attachments 1. Ordinance for PUD District Review with waivers and Zoning District Amendment 2. Resolution for Site Plan Review 3. Developer's Agreement 1 WALGREENS CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. -2001-PUD- -2001 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 C-Comm Zoning District -2001-PUD-_-2001 (hereinafter "PUD-_-2001-C-Comm). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of September 4, 2001, entered into between Four-5 LLC and the City of Eden Prairie, (hereinafter "Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD-_-2001-C-Comm, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD- -2001-C-Comm is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD- -2001-C-Comm 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-_-2001-C-Comm are justified by the design of the development described therein. D. PUD-_-2001-C-Comm 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. oZ- Section 5. The proposal is hereby adopted and the land shall be, and hereby is amended within the C-Comm District and shall be included hereafter in the Planned Unit Development -2001-C-Comm, 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 21st day of August, 2001, 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 4th day of September,2001. ATTEST: • Kathleen A. Porta, City Clerk Jean L. Harris,Mayor PUBLISHED in the Eden Prairie News on 3 • WALGREENS CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO. -2001-PUD- -2001 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 southeast corner of Co. Rd. 4 and Highway 5, within the C-Comm 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.) WALGREENS CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2001- A RESOLUTION GRANTING SITE PLAN APPROVAL FOR WALGREENS BY FOUR-5 LLC WHEREAS, Four-5 LLC, has applied for Site Plan approval of Walgreens on 3.36 acres for construction of a 14,490 square foot retail building to be zoned in the C-Comm Zoning District on 3.36 acres by an Ordinance approved by the City Council on September 4, 2001; and WHEREAS,the Community Planning Board reviewed said application at a public hearing at its July 9, 2001 meeting and recommended approval of said site plans; and WHEREAS,the City Council has reviewed said application at a public hearing at its August 21, 2001 meeting. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,that site plan approval be granted to Four-5 LLC, for the construction of a 14,490 square foot retail building, based on plans dated June 25, 2001, between Four-5 LLC, and the City of Eden Prairie. ADOPTED by the City Council of the City of Eden Prairie this 4th day of September, 2001. . Jean L.Harris,Mayor ATTEST: Kathleen A.Porta, City Clerk 6 DEVELOPER'S AGREEMENT WALGREENS THIS AGREEMENT is entered into as of September 4,2001,Four-5 L.L.C., a Delaware limited liability company, 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 Amendment on 3.36 acres, Planned Unit Development District Review and Zoning District Amendment within the Community Commercial Zoning District on 3.36 acres, and Site Plan Review, legally described on Exhibit A(the"Property"); NOW,THEREFORE,in consideration of the City adopting Resolution No. for Planned Unit Development Concept Amendment on 3.36 acres,Ordinance No. for Planned Unit Development District Review and Zoning District Amendment within the Community Commercial Zoning District on 3.36 acres, and Resolution No. for Site Plan Review, Developer shall construct, develop and maintain the Property as follows: 1. PLANS: Developer shall develop the Property in conformance with the materials revised and dated August 21,2001,reviewed and approved by the City Council on August 21,2001, 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. 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. City shall not release developer from its responsibilities to release, defend and indemnify because of any inspection,review or approval. 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. EXTERIOR MATERIALS: Prior to building permit issuance,Developer shall submit to the City Planner,and receive the City Planner's written approval of a plan depicting exterior materials and colors to be used on the buildings on the Property. Prior to issuance of any occupancy permit for the Property, Developer shall complete implementation of the approved exterior materials and colors plan in accordance with the • terms and conditions of Exhibit C, attached hereto. 6. GRADING,DRAINAGE,AND 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. IRRIGATION PLAN: Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for irrigation of the landscaped areas on the Property. The irrigation plan shall be designed so that water is not directed on or over public trails and sidewalks. Developer shall complete implementation of the approved irrigation plan in accordance with the terms and conditions of Exhibit C prior to issuance of any occupancy permit for the Property. 8. LANDSCAPE PLAN: Prior to building permit issuance,the Developer shall submit to the City Planner and receive the City Planner's written approval of a final landscape plan for the Property. 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. Developer can replace bond with a bond from its subcontractor. Prior to issuance of any occupancy permit for the Property, Developer shall complete implementation of the approved landscape plan in accordance with the terms and conditions of Exhibit C. 9. MECHANICAL EQUIPMENT SCREENING: Developer shall submit to the City Planner,and receive the City Planner's written approval of a plan for screening of mechanical equipment on the Property. For purposes of this paragraph, "mechanical equipment" includes gas meters, electrical conduit,water meters,and standard heating,ventilating,and air-conditioning units. Security to guarantee construction of said screening shall be included with that provided for landscaping on the Property, in accordance with City Code requirements. Developer shall complete implementation of the approved plan prior to issuance of any occupancy permit for the Property. If,after completion of construction of the mechanical equipment screening,it is determined by the City Planner,in his or her sole discretion,that the constructed screening does not meet the Code requirements to screen mechanical equipment from public streets and differing, adjacent land uses, then the City Planner shall notify Developer and Developer shall take corrective action to reconstruct the mechanical equipment screening in order to cure the deficiencies identified by the City Planner. Developer agrees that the City will not release the security provided until Developer completes all such corrective measures 10. 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. 11. RETAINING WALLS: Prior to issuance by the City of any permit for grading or construction on the Property, Developer shall submit to the Chief Building Official, and obtain the Chief Building Official's written approval of detailed plans for the retaining walls identified on the grading plan in 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. 12. SIDEWALK AND TRAIL CONSTRUCTION: Prior to issuance by City of any building permit on the Property, Developer shall submit to the Parks and 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. Sidewalks and trails shall be constructed in the following locations: A. A five-foot wide concrete sidewalk connection from the existing sidewalk along Wagner Way to the building. Developer shall complete implementation of the approved plans in accordance with the terms of Exhibit C prior to issuance of any occupancy permit for the Property. 13. 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. 14. TREE LOSS - TREE REPLACEMENT: There are 176 diameter inches of significant trees on the Property. Tree loss related to development on the Property is calculated at 92 diameter inches. Tree replacement required is 56 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 56 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. • /0 Developer shall complete implementation of the approved tree replacement plan prior to building permit issuance. 14. TRASH ENCLOSURE: Developer has submitted to the City Planner, and obtained the City Planner's written approval of a plan for the design and construction of the outside trash enclosure for the Property. This trash enclosure shall be constructed with face brick to match the building,include a roof,and heavy duty steel gates that completely screen the interior of the enclosure. Developer shall complete implementation of the trash enclosure plan prior to issuance of any occupancy permit for the Property. 15. WETLAND PLAN: • A. Wetland Buffer Strip Vegetation Evaluation: Developer shall submit to the City a Wetland Buffer Strip Vegetation Evaluation Report("Buffer Report")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 (thereon known as "Landscaping", or "Landscaped") 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, as determined by the City Manager, stating that the wetland buffer strip vegetation complies with all City requirements within 30 days of completion of the Landscaping of the wetland buffer strip. Developer shall also submit a signed contract with a qualified wetland consultant,as determined by the City Manager,to submit a final Buffer Report. The final Buffer Report shall evaluate the wetland buffer strip vegetation after completion of two full growing seasons and shall evaluate the wetland buffer strip vegetation 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 fmal 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 the Plans. 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 monuments for the property. Wetland buffer strip monument locations shall be shown on the final � 1 grading plan and final plat. 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 the Plans. Developer shall furnish to the Environmental Coordinator and receive the Environmental Coordinator's approval of a Wetland Plan performance bond, cash escrow, or letter of credit with a corporation approved by the City Manager or other guarantee acceptable to the City Manager equal to 150%of the cost, as estimated by the City Manager,of completing said Wetland Plan requirements and/or Landscaping as depicted on the Plans and as required by City Code. Said performance bond,cash escrow, letter of credit or other guarantee shall cover two full growing seasons following completion of the development. l\ CITY COUNCIL AGENDA DATE: 09/04/01 SECTION: Consent Agenda SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development Donald R.Uram Alm Subdivision .D 1 Scott A.Kipp Requested Action Move to: • Approve the Developer's Agreement for Alm Subdivision Synopsis This project is a preliminary plat into two single-family lots located at 16480 Hilltop Road. Attachments 1. Developer's Agreement DEVELOPER'S AGREEMENT ALM SUBDIVISION THIS AGREEMENT is entered into as of September 4,2001,by Stephen and April Alm, husband and wife,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 Preliminary Plat on 2.06 acres into 2 single- family lots, legally described on Exhibit A(the "Property"); NOW, THEREFORE,in consideration of the City adopting Resolution No. 2001-122 for •Preliminary Plat,Developer shall construct, develop and maintain the Property as follows: 1. PLANS: Developer shall develop the Property in conformance with the materials revised and stamp dated July 26, 2001, reviewed and approved by the City Council on August 7, 2001, (hereinafter the "Plans") and identified on Exhibit B, subject to such changes and modifications as provided herein. 2. EXHIBIT C: Developer agrees to the terms, covenants, agreements, and conditions set forth in Exhibit C. 3. DEVELOPER'S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a violation of City Code relating to use of the Land construction thereon or failure to fulfill an obligation imposed upon the Developer pursuant to this Agreement, City need not issue a building or occupancy permit for construction or occupancy on the Land while such a violation is continuing,unless waived by City. The existence of a violation of City Code or the failure to perform or fulfill an obligation required by this Agreement shall be determined solely and conclusively by the City Manager of the City or a designee. 4. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall release, defend and indemnify City,its elected and appointed officials, employees and agents from and against any and all claims, demands, lawsuits, complaints, loss, costs (including attorneys' fees), damages and injunctions relating to any acts, failures to act, errors, omissions of Developer or Developer's consultants, contractors, subcontractors, suppliers and agents. Developer shall not be released from its responsibilities to release, defend and indemnify because of any inspection,review or approval by City. a 5. GRADING,DRAINAGE,AND EROSION CONTROL PLANS: A. FINAL GRADING AND DRAINAGE PLAN: Developer agrees that the grading and drainage plan contained in the Plans is conceptual. Prior to the release of a land alteration permit for the Property, Developer shall submit and obtain the City Engineer's written approval of a final grading and drainage plan for the Property. The final grading and drainage plan shall include all wetland, wetland buffer strips, wetland buffer monument locations,water quality ponds,storm water detention areas and other items required by the application for and release of a land alteration permit. All design calculations for storm water quality and quantity together with a drainage area map shall be submitted with the final grading and drainage plan. Prior to release of the grading bond,Developer shall certify to the City that the water quality pond conforms to the final grading plan. Developer shall employ the design professional who prepared the final grading plan. The design professional shall monitor construction for conformance to the approved final grading plan and City erosion control policy. The design professional shall provide a final report to the City certifying completion of the grading in conformance the approved fmal 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. 6. 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. 7. 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. 3 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. Setback of at least 55 feet from the north property line for the proposed house on proposed Lot 2,Block 1. 8. REMOVAL/SEALING OF EXISTING WELL AND SEPTIC SYSTEMS: Prior to issuance by City of any permit for grading or building 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 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. 9. RETAINING WALLS: Prior to issuance by the City of any permit for grading or construction on the Property, Developer shall submit to the Chief Building Official, and obtain the Chief Building Official's written approval of detailed plans for the retaining walls identified on the grading plan in the Plans. These plans shall include details with respect to the height,type of materials, and method of construction to be used for the retaining walls. Developer shall complete implementation of the approved retaining wall plan in accordance with the terms and conditions of Exhibit C, attached hereto, prior to issuance of any occupancy permit for the Property. 10. SPECIAL ASSESSMENT AGREEMENT: Prior to the release of the final plat for the Property, Developer shall sign an assessment agreement, in the form and substance as attached in Exhibit E,with the City for trunk sewer and water assessments on an assessable area of 1.39 acres in the amount of$7,019.50 for future Hilltop Road street,storm sewer and water main improvements that will serve the Property. 11. STREET AND UTILITY PLANS: Prior to the issuance of any building permit by the City or any permit for the construction of utilities for the Property,Developer shall submit to the City Engineer, and obtain the City Engineer's written approval of plans for public sanitary sewer. Plans for public infrastructures shall be of a plan view and profile on 24 x 36 plan sheets consistent with City standards. A permit fee of five percent of construction value shall be paid to City by Developer. The design engineer shall provide daily inspection, certify completion in conformance to approved plans and specifications and provide record drawings. 5 IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. DEVELOPER CITY OF EDEN PRAIRIE By Stephen Alm Jean L. Harris,Mayor By April Alm Carl J. Jullie, City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2001, by Jean L.Harris and Carl J. Jullie,respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2001,by Stephen Alm and April Alm, husband and wife. Notary Public CITY COUNCIL AGENDA DATE: September 4, 2001 SECTION: Consent Calendar SERVICE AREA/DIVISION: ITEM DESCRIPTION: Second Reading of ITEM NO: Parks and Recreation Amending City Code Chapter 9 Relating to Water Robert A. Lambert Director Usage for Smetana Lake '�' Requested Action Motion: Move to approve the second reading of an ordinance regulating the surface use of Smetana Lake amending City Code Chapter 9, which would make it unlawful to launch or operate a motorboat on Smetana Lake except for (1) boats powered by electric motors; (2) boats operated by enforcement, emergency, and resource management personnel acting in the performance of their duties. Synopsis On July 10, 2001, the Eden Prairie City Council approved the first reading of this ordinance and authorized staff to forward the draft ordinance to the Depat fluent of Natural Resources for their approval. On August 15, 2001, Allen Garber, Commissioner of the Department of Natural Resources, forwarded a letter to the City of Eden Prairie approving the City's request to amend the Surface Use Ordinance as proposed by this ordinance. Attached is a copy of the Commissioner Garber's letter and the proposed ordinance. RAL:mdd • CITY OF EDEN PRAIRIE . HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. -01 • • • AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA AMENDING CITY CODE CHAPTER 9 BY ADDING SECTION 9.68 RELATING TO THE REGULATION OF THE USE OF SMETANA LAKE; AND ADOPTING.BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 9.99, WHICH AMONG-OTHER THINGS, CONTAIN PENALTY PROVISIONS. . THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: • Section 1.City Code Chapter 9 shall be and is amended by adding thereto section 9.68 which reads as follows: SECTION 9.68 REGULATION OF USE OF SMETANA LAKE' • Subd..1. It is unlawful to launch or operate a motorboat on Smetana Lake except for • (1)boats powered by electric motors;(2)boats operated by enforcement,emergency and • resource management personnel acting in the performance of their duties; and (3) • 'excursion boats owned and operated by the City of Eden Prairie. • • Section 2. City Code Chapter 1 entitled"General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 9.99 entitled "Violation a Misdemeanor"are hereby adopted in their entirety,byreference,as though repeated verbatim herein. Section 3.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 , 2001, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of • ,2001. City Clerk . • Mayor • • PUBLISHED in the Eden Prairie News on the day of ,2001. • EP Ordincearnet=lake ordinance �p�sOF MINNr � ,9 Minnesota Department of Natural Resources ea OFFICE OF THE COMMISSIONER I o+� 500 Lafayette Road St.Paul,Minnesota 55155-4037 OFNA7URp" August 15,2001 Mr. Robert A. Lambert,Director Parks and Natural Resources City of Eden Prairie • 8080 Mitchell Road Eden Prairie,Minnesota 55344-4485 Dear Mr Lambert: I have our;staff.review your request to amend Section 9.68 of the City Code to establish Regulation of the use of Smetana Lake in Hennepin County. I concur and approve your request to restrict the lake to electric motors only, with specified exceptions as noted in the ordinance itself. Please remember to send a signed copy of the ordinance amendment to: Marcella Jerome Boating Staff Specialist Minnesota Dept. of Natural Resources 500 Lafayette Road St.Paul,MN 55155-4046 If you have any further questions, please feel free to contact Marcella directly at 651-297-5708. Sincerel , Allen arber • Commissioner • c:WSUM.fi1e Mike Hamm,Region 6 Enforcement Supervisor • Lt.Brian Johnson,Hennepin County Sheriffs Department DNR INFORMATION:651-296-6157, 1-888-646-6367 (TTY:651-296-5484, 1-800-657-3929) FAX:651-296-4799 AN EQUAL OPPORTUNITY EMPLOYER 114 PRINTED ON RECYCLED PAPER CONTAINING A WHO VALUES DIVERSITY 'Er MINIMUM OF 10%POST-CONSUMER WASTE CITY COUNCIL AGENDA DATE: September 4, SECTION: Consent Calendar 2001 SERVICE AREA\DIVISION: SUBJECT: Winter of the LRT Trail from ITEM NO. Park&Recreation Services November 15, 2001 March 31, 2002 Stuart A. Fox,Manager Par • Natural Resources • • Requested Action: Move to: Authorize staff to submit a permit application for the 2001-2002 winter season regarding winter usage of the LRT trail. The winter use permit would run from November 15, 2001-March 31, 2002. Background: Currently, Suburban Hennepin Park System does not provide use of the LRT trail between November 15th and March 31st of each year. It is up to the City to request permitted use of the trail during this time. The City has entered into a permit agreement with for the past several winters allowing hiking and cross-country skiing by the public. In order to do this,the City must make an annual application for a winter use permit. Staff will make application for usage of the LRT trail in a manner similar to previous years;however, adding the condition that the City would be plowing this trail. In order to plow the trail signs would be posted at each road intersection indicating that the trail is being maintained by the City of Prairie • for winter activity use. These signs would limit activities such as snowmobiling and traveling by motorized vehicles such as ATV's. The winter use signs would be installed prior to November 15th and removed by April 15th of the following year. The signs would be the responsibility of the City to place and maintain. A copy of the application form is attached for your information. • SAF:mdd H:/Stuart 2001/LRT Trail Winter Use 1 SUBURBAN HENNEPIN REGIONAL PARK DISTRICT • REGIONAL TRAIL SYSTEM 2001-2002 WINTER USE PERMIT Name of City City Hall Phone Contact Person Phone • Regional Trail From to Authorized 2001-2002 Winter Activities Regional Trail From . to Authorized 2001-2002 Winter Activities • Regional Trail From to Authorized 2001-2002 Winter Activities Regional Trail From to Authorized 2001-2002 Winter Activities Authorization is hereby requested from the Park District Board of Commissioners to use portions of the Regional Trail•Corridor for winter use activities between November 15, 2001 and March 31, 2002, as determined by each municipality within guidelines set forth herein on District property located within individual City boundaries. • It is understood and agreed that approval from the Hennepin Parks Board of Commissioners is contingent. upon the following conditions: • • The City will provide the Park District with a Certificate of Insurance, naming Hennepin Parks as an additional named insured. Such certificate shall provide at least$1,000,000 aggregate or combined single limit of general liability coverage for the requested winter use activities, with a maximum $10,000 deductible per claim. • The City agrees to maintain the trail, including, but not limited to, any plowing, sweeping, sanding, packing, trash pick-up, and sign replacement, between November 15, 2001-March 31, 2002. The City further agrees to immediately address all safety issues on or adjacent to trails. • • The City will provide signage at locations approved by the Park District notifying the public of • authorized winter activities within its city limits; activities may include,but are not limited to, hiking, biking, snowmobiling, cross-country skiing, snowshoeing, or pet walking. Winter use signs must be installed by the City at designated locations prior to November 15, 2001 and removed by the City no later than April 15,2002. These signs are totally the responsibility of each municipality. \\MASTER\SYS\Users\oh1\WP\LRT12001-2002 winter trail use permit and letter.REVISED.doc • Snowmobiling is not allowed on asphalt trails. Permitted use for snowmobiles will be limited to direct crossing and/or in areas where the snowmobile trail is kept from running on paved trails and bridges. If snowmobiling is permitted, cities must take steps to keep snowmobiles from damaging paved trails, bridges and other property. • The City agrees to enforce rules and regulations established.by the municipality as part of its request for a Winter Use Permit. • The City agrees to repair all trail surface damage that occurs as a result of winter trail activities and/or maintenance, including,but not limited to,bituminous/concrete repair,bridge deck repair, grading or adding aggregate pursuant to guidelines established by the Park District. • The City agrees that winter trail use will be available to all persons,regardless of residence. Each City is required to submit its annual permit requests, including proposed rules and regulations, by , after which the Park District may take up to 45 business days to process. Each permit request must be submitted as a result of formal City Council action, with accompanying verification, agreeing to the terms and conditions outlined by the Park District's Winter Use Permit. It • should be further understood that no winter activity will be allowed on segments of the Regional Trail Corridor where municipalities do not request and receive permits. The Park District reserves the right to terminate a permit at any time,if the conditions set forth herein are not followed. Signed: Date: Title: (Authorized Representative of the City) • • • • \\MASTER\SYS\Users\ohl\WP\LRT12001-2002 winter trail use permit and letter.REVISED.doc CITY COUNCIL AGENDA DATE: September 4,2001 SECTION: Consent Calendar SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Engineering Services Grading Permit for Construction of Berm at Randy Slick 7368 Walnut Court •G Eugene A.Dietz Requested Action Move to: Authorize issuance of grading permit to Matt Nilsen for the construction of a berm at 7368 Walnut Court. Synopsis Matt Nilsen is requesting City approval for the placement of approximately 200 cubic yards of fill to construct a 3-1/2 to 4-foot berm along County Road 4. The proposed berm along with a future fence would provide the homeowner with some screening from County Road 4. Background Information . The proposed berm and future fence would be consistent with the adjacent properties along County Road 4. Engineering staff has reviewed the plans for conformance to our standards for erosion control and drainage. Community Development staff have reviewed the proposal for conformance to City Code. The proposal is in conformance with City Code and policy related to erosion control. I CERTIFICATE .-OF SURVEY ----• FOR: DWAYNE XKN/GGE LE6A L DES(,P IP T 1O iY l W t � Lot l6, Black /� Ufa/nvf Ad�,'Zion oP=9c6.7o - t 9ob.8 ' IIW=897.30 . 0 U R T 7 0. . sNk A,, (Streef under 1 snP¢� . '. 9o7.3�q eo,U fUc7`ion VI ?'")\* 0 1,1i-`" i akl _ •6- Ste, _ R / s o\ 's \ . -' 3 od ` 5 -•"9". .off 3 N,. J. - -SIJ' G :o / /o ?for DC�� `-U Pr -.8 - i, J -0 1'1 \ �� 9or. 9o5.Ox E ' 1 0-Q- 6 I,� d- 3 •� - \ A o \ 0 0 •, • • �► ZOO' \ pDc� o 1� 0 O t : , (- J S gobq . m • n •-•54. -77.....,• ,z,i . i (-NI O ``� s \ 9\,,.. 010' \ \ \ �, f \ a , , \,,,,,„ 0 -Q \-.;,... 4. ,i'6- �,\ \} `� \ ' .0 } c \ \ -5:3 • -A.••,,,1\ _-' o - \ MA-x� -. �. 53.95 ° X9o4:J - ' X R _ 179. 53--- :::: X1 - TI 1\I(2 Tg;I E west . V - f � O -1D X °°45 _. 8 (-- ,.._ ,:„..,,,/,,, ,i,„„„.„„s f' ..... . ... , u+2.r•�X,,..,o 1112,=,.-v?i.w-va Tv ec- 0117Ai41�c F n- 0.:2 ; _ . N:,.4 S`fC-c;s1 o Denotes iron monument Proposed lowest floor elev.= 905.00 ❑ Denotes offset stake Proposed top of foundation elev.= 908.83 x 000.o Denotes existing elev. BENCH MARK: 7a/ vf'iton a o ci 2 . (000.0) Denotes Proposed elev. Inn t ,4v,/ding P'.. —,- Denotes surface drainage 1 Proposed garage floor elev.= '08,5 0 k' ✓r /, .7/7 a on Holt`/I %oer y • --/PV4 fi on = g06,h/G/ I hereby certify that this is a true and correct representation of a survey of File No. the boundaries of the above described land and of the location of all buildings, DEMARS-GABRIEL if any, thereon, and all visible encr chments, if any, from or on Ticii9lamnd. /280 A LAND SURVEYORS,INC, /17. �vv,�P, Book —Page J As surve by me this day of 7 . 3030 Harbor Lane No. i, /., 25 -63 Plymouth MN 55441 + i �t ^ x (1j� :•!•i.•�.,- Phone:(812)559-0908 I U' ,1' r • Scale • • \ / / • a Minn. R No. �0�� /���40 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar 9/4/01 SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Public Safety Services/Police Approval of vehicle lease with Jim Carlson ' Lieutenant Michael T. Bosacker Leasing Co. Requested Action: Move to: Approve the signing of a short term vehicle lease agreement between the City of Eden Prairie and Jim Carlson Leasing Co. . Synopsis: This short-term lease (September 28,2001 to December 14,2001)will provide cost efficient transportation for Sergeant Tracy Luke while she attends the FBI National Academy in Quantico Virginia. Background Information: Sergeant Tracy Luke has been selected to attend the FBI National Academy in Quantico Virginia. This is a three-month course of instruction focussing on police management. After looking at different transportation options for Sergeant Luke's trip to and from the Academy, as well as while she is there, it was discovered that a short term vehicle lease through Jim Carlson Leasing was the most preferable for the following reasons: • Negates the need to send an existing squad car, which we would lose the use of for the three months. • Significant cost savings versus airfare and car rental in the Washington DC area. • Jim Carlson Leasing Co. is an Eden Prairie based company,which we have done business in the past and of which other metro area police departments have used for similar purposes. • Both the City Attorney's office as well as the City Risk Manager favorably reviewed the lease agreement and amendment. Attachments: Motor Vehicle Lease and Amendment between the City of Eden Prairie and Jim Carlson Leasing Co. 612-949-6203 EDEN PRAIRIE POLICE 669 PO4 JUL 20 '01 15:47 AMENDMENT The lease from Jim Carlson Leasing to the City of Eden Prairie dated October 1, 2001 for a/99q £/ E7TNv LET L/I L'M 4ZZ is amended as follows: 1. Term. The term of the lease is amended to a term of approximately 2.5 months commencing on September 28, 2001 and terminating on December 14,2001. 2. Rent. The total rent payable pursuant to this agreement shall be $1,300.00, • payable as follows: September 28, 2001 $ 500.00 November 1,2001 $ 500.00 December 1,2001 $ 300.00 TOTAL $1,300.00 The total mileage allowed shall be 3,900 miles. 3. Maintenance. Lessor shall provide license and normal maintenance for the vehicle. 4. All other terms and agreements shall remain in full force and effect. CARLSON LEASING CITY OF EDEN PRAIRIE ep\poticeeamendmcnt Motor Vehicle Lease (lame of lessee CITY OF EDEN PRAIRIE Address of lessee(Street) City State Zip 8080 MITIfl TT ROAD EDEN PRAIRIE MN 55344 (lame of lessor JIM CARLSON LEASING COMPANY Address of lessor(street) Gry State .Tip 7380 Washington Ave. S. Eden Prairie MN 55344 Vehicle descnptron Year Make 8 style Motor or Serial No. Miles 1999 CHEVROLET CAVALIER 3G1JC1242X5863881 27,200 Due from lessee upon delivery Monthly rental payment information Capitalized cost reductions Monthly payment—Basic Rent $ 4F4.4R Cash $ .00 Tax + '1(1.62. Net trade-in + .00 Total = $ 500.0n Sub total = $ nrl Total of monthly payments Refundable security deposit + 00 Number F,xAmount$ 50n 00 = $ 3,000.n0 + .00 Capitalized Cost $ 9,9nn.0n License and title fees + nt1 Monthly Depreciation $ 150.00 Tax on Capitalized cost reductions + 00 Premature Termination Factor $ .nn Total due from lessee on delivery = .00 Purchase Option at expiration date $ 4,nnn on 1. LEASE.Lessor hereby agrees to lease to Lessee,and Lessee here- due to the installation by the lessee of trailer hitches,signs,ac- by agrees to lease from Lessor, the motor vehicle described above cessories,etc.,body hits or severe scratches,which requires upon the terms and conditions set forth herein(such vehicle sheet metal work and/or repainting to make the Vehicle accept- together with all replacements,repairs,and additions incorporated able,damaged windshield or other glass,bumper damage of col- therein or affixed thereto being referred to herein as the"Vehicle'). lision severity,improper body repair work and/or poorly matching 2. TERM. The term of this lease shall begin on the date the Vehicle is paint,severe collision damage are all not acceptable and not accepted by Lessee and shall continue for 6 calendar months considered normal wear.Carpet and trim wear proportionate to from the rent commencement date unless earlier terminated as the mileage,minor scratches and stains are normal wear for in- provided herein. The rent commencement date is n9/01/01 terior.Damage caused by installation of accessories,severely The scheduled expiration date is 02/28/02 scratched or damaged mouldings or instrument panel,perma- 3. RENT.Lessee shall pay basic rent plus sales and use taxes thereon nently stained or damaged trim and carpets are not acceptable in monthly installments in advance during the term of this lease, and not considered normal wear.At lease termination and Vehi- each installment to be equal to the amount shown above.Install- cle turn in time,the Vehicle must have all original equipment,in- ments shall be payable beginning on 09/01/01 cluding five original equipment tires. The vehicle must be in and continuing on the same day of each calendar mpnttereafter. satisfactory operating condition,including engine,drive train, Lessee agrees to pay additional rent at the rate of UU cents per brakes and steering.All replacement parts or equipment must be mile for every mile the Vehicle is driven during the term of this lease genuine manufacturer's parts or equipment for the above make in excess of a rate of 15 n00 miles per year.Such excess Vehicle. The Vehicle must be protected with glycol-type anti- rent shall be determined and payable at the expiration or earlier freeze with rust inhibitor to be at least minus 20 degrees Fahren- termination of this lease. heit at time of turn in. Tires should have at least 1/8"of 4. SECURITY DEPOSIT:SET OFF.Lessee shall pay Lessor on the measurable original tread remaining and must be identical with date an order is placed,a security deposit in the amount agreed on original equipment.Off-brand or 2nd line tires are not acceptable by Lessee and Lessor.Lessor may apply any security deposit toward replacement. Tire wear must be proportionate to the mileage. any obligation of Lessee under this lease,and shall return any Failure to maintain proper wheel alignment or severe wear not unapplied balance to Lessee without interest upon satisfaction of proportionate to mileage is not considered normal wear. The Lessee's obligations hereunder.Upon an Event of Default hereunder, Lessee and Lessor or their agents,shall inspect the returned Ve- Lessor may also set off any other deposit or obligation it may now or hicle and provide a jointly signed report on the condition of the hereafter owe to Lessee against Lessee's obligations to Lessor vehicle. hereunder. 7. INSURANCE.Lessee agrees to provide and maintain in force at 5. WARRANTIES.Lessee agrees that it has selected the Vehicle Lessee's expense: based upon his own judgement and disclaims any reliance upon A. A policy of liability insurance protecting the interest of Lessor, any statements or representations made by Lessor.LESSOR Lessee and Lessee's drivers with respect to their liability for inju- • MAKES NO WARRANTIES WITH RESPECT TO THE VEHICLE EX- ries to third person and damage to and loss of use of property of PRESS OR IMPLIED,AND LESSOR SPECIFICALLY DISCLAIMS third persons resulting from operation of the Vehicle.Such insur- ANY WARRANTY OF MERCHANTABILITY AND OF FITNESS FOR ance shall have a minimum$500,000 combined single limit. A PARTICULAR PURPOSE AND ANY LIABILITY FOR CONSE- B. A policy of collision insurance on the Vehicle the deductible QUENTIAL DAMAGES ARISING OUT OF THE USE OF OR THE IN- amount to be not more than$ 1,U00.00 ABILITY TO USE THE VEHICLE.Lessee agrees to make the rental C. A policy of fire,theft and comprehensive insurance covering loss and other payments required hereunder without regard to the condi- or damage to the Vehicle in an amount not less than the original Lion of the Vehicle and to look only to persons other than Lessor cost of the Vehicle,the deductible amount to be not more than such as the manufacturer thereof should the Vehicle for any reason $ 1,nnn.0n be defective.So long as no Event of Default has occurred and is All insurance shall be in force not only during the term of this lease, continuing,Lessor agrees,to the extent that are assignable,to as- but in addition from the time of departure of the Vehicle from Les- sign to Lessee,without recourse to Lessor,any warranty received sor's place of business or elsewhere for delivery to Lessee and until by Lessor. the Vehicle is returned to Lessor at its place of business;shall pro- 6. USE,MAINTENANCE,AND OPERATING EXPENSES.Lessee will vide for a 10-day prior written notice to Lessor of cancellation or use the Vehicle with due care and for the purpose for which it was reduction in coverage;shall provide that no act or misrepresentation intended.Lessee will not use the Vehicle to transport persons or by Lessee shall invalidate protection of Lessor;and shall name Les- things for hire.Lessee will maintain the Vehicle in good repair,con- sor and Lessee as insured of the liability coverage and as loss dition and working order,ordinary wear and tear excepted,and will payees of the collision and physical damage coverage. furnish all parts and servicing required therefor,all at Lessee's ex- Lessee agrees promptly to report to Lessor any accident pense and in accordance with the manufacturer's recommenda- involving the Vehicle. lions.All such parts when furnished shall immediately become the 8. LATE CHARGES.if any installment of basic rent is not paid within property of Lessor and part of the Vehicle for all purposes hereof. 10 days after it is due,Lessor may impose a late charge of up to Lessee shall pay all operating expenses of the Vehicle,including 5%of the amount of the installment but in any event not more than gas,oil and tires. permitted by applicable law.Payments thereafter received shall be A. STANDARDS FOR WEAR AND USE.Minor bumper scratches, applied first to delinquent installments and then to current in- dents,stone chips,body scratches and paint chips on side that statements. do not indicate contact with a foreign object are considered nor- 9. NON-CANCELLABLE LEASE:This lease cannot be cancelled or mal wear for the exterior.Alterations(such as hole drilling,etc.) terminated except as expressly provided herein. THIS LEASE CONTAINS ADDITIONAL TERMS ON THE REVERSE SIDE HEREOF,ALL OF WHICH ARE MADE A PART OF THIS LEASE. Dated as of By Its (Lessor) CITY OF EDEN PRAIRIE 3 ) CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda September 4,2001 SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: City Manager/ Carl J. Jullie Proposal to Conduct Feasibility Study to Deconstruct the Old Police Station Requested Action Move to: Approve the proposal from LHB Engineers and Architects to conduct a feasibility study to deconstruct the old Eden Prairie Fire Station. Synopsis Staff has received a proposal from LHB to study the feasibility of using a"deconstruction"process to tear down the old Police Station. During deconstruction, as many materials as possible are salvaged and recycled rather than being hauled to a landfill. The old Police Station contains large quantities of wood beams and ceiling boards that could possibly be salvaged for use in future City buildings, and the , consultant believes deconstruction may be a cost-effective alternative to traditional demolition. Background In June 2000, the City entered into a purchase agreement with Eden Prairie Hotel Group for the sale of the old Police Station. The 5.5 acre site was divided into two parcels and a plan that included a Wingate Hotel and a restaurant was developed. The purchase agreement was structured so that the developer could purchase the hotel site and restaurant site separately. The developer had until March 1, 2001,to close on the old Police Building site. Due to market considerations, the developer chose not to exercise the right to close on the site and has delayed development of the hotel indefinitely. To make the Police Station site more marketable and to reduce operating expenditures ($1,500 per month), staff recommends that the building be"deconstructed" and a buildable site prepared. The removal of the building in conjunction with the completion of the Mitchell Road intersection will add value to the site. The proposal for deconstruction involves two phases: 1. Feasibility of"deconstruction"of the building will be compared to demolishing the building. 2. If the"deconstruction"option is selected, LHB will assist with project management to ensure compliance with deconstruction standards. The cost of the first phase is $6,500,which will be paid using Hennepin County Recycling Grant funds. The actual"deconstruction"of the building and project management costs ($1,500)will be paid using money from the previous land sale. Staff estimates that the total cost will be about$60,000. Attachments Proposal • . LHB Engineers&Architects 250 Third Avenue North,Suite 450 LEB Minneapolis,MN 55401 612 338-2029 Fax 612 338-2088 www.LHBcorp.com August 28,2001 • Don Uram Director of Community Development&Financial Services City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344-2230 PROPOSAL-FEASIBILITY STUDY FOR DECONSTRUCTION OF THE OLD EDEN PRAIRIE POLICE STATION Thank you for the time and opportunity to present LHB's qualifications and fees for the proposal to conduct a Feasibility Study for the Deconstruction of the old Eden Prairie Police Station. We are excited about the possible opportunity to become involved with a project where diverting demolition waste from the landfill is a priority. LHB has a quality team of engineers and architects with expertise in the areas of structural, electrical, mechanical, civil, landscape and interior design to assist in a project of this nature. In addition,we will use the expertise of Bob Alf from the Green Institute's Deconstruction Services. • I. SUMMARY Deconstruction of portions of the Eden Prairie Police Station with a plan to salvage and recycle as many materials as possible,appears to be a cost effective alternative. The police station has large quantities of wooden glue-lam beams and Douglas Fir ceiling boards which could be salvaged for use in future city buildings. The glue-lams could be used for exposed ceiling beams that would be both structural and visually appealing. The Douglas Fir ceiling boards could be used for ceiling board,wall paneling and other trim applications. Following is our recommended Scope of Work for the Feasibility Study and information pertaining to fees and services:. IL SCOPE OF WORK 1. Inventory the existing building materials. 2. Identify possible uses for materials. • 3. Review options for salvage and/or recycling of materials. 4. Investigate possible connections to other City priorities such as affordable housing or education. 5. Compare costs of demolition versus deconstruction. 6. Final report to the City of Eden Prairie. 7. Assist with Bidding Phase. LHB will prepare bid documentation for Deconstruction Option. 8. If Deconstruction Option is selected,LHB will provide four(4)site visits and answer Contractor's questions. • Duluth,MN Minneapolis,MN Chicago,IL Proposal for Feasibility Study for BP Police Station ti Page 2 August 28,2001 III. SCHEDULE . We are prepared to begin two weeks from"Notice to Proceed." The estimated amount of time required by our staff to complete the Scope of Work would be two weeks. . IV. FEES The fees for this project will be billed in a lump sum basis as stated in the attached AIA Standard Form of Agreement. Fees for actual Demolition Phase will be determined prior to Bidding Phase. IV. TERMS Terms will be per the attached AIA Agreement. V. CLOSING If you fmd our proposal acceptable,please sign both copies of the AIA contract,attached,and return one copy to our Minneapolis office as soon as possible. We appreciate the opportunity to present LHB's proposal to the City of Eden Prairie, and hope that we have met the requirements necessary to secure the position as"Architect of Choice"for this project. If you have any questions,please feel free to call me direct at(612)752-6923. . co. -,: ENGINEER & CHI CTS 0 ' CHARD A. CARTER,VICE PRESIDENT,MINNEAPOLIS OFFICE. Enclosures c: LHB Proposal File \LHB TC1\SYSWDMIN\WPDOCS\PROPOSAL\2001\00000PRO40601 EP Police Station.doc 3 ALA Document B727-Electronic Format Standard Form of Agreement Between Owner and Architect for Special Services • 1988 Edition THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE.MADE BY USING AIA DOCUMENT D4oL Recommended for use with current editions of standard AIA Agreement forms and documents. Copyright 1972,1979,©1988 by The American Institute of Architects,2735 New York Avenue,N.W.,Washington D.C.,20006-5292. Reproduction of the material herein or substantial quotation of its_provisions without writtennermission of the AIA violates the con ht laws of the United States and will be subject to legal prosecution. AGREEMENT made as of the 28th day of August in the year of 2001. BETWEEN the Owner: (Name and address) Don Uram. City Planner City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344-2230 • and the Architect: (Name and address) LHB Engineers&Architects • 250 Third Avenue North Suite 450 Minneapolis, MN 55401 For the following Project: (Include detailed description of Project,location,address and scope.) • Feasibility Study of the deconstruction of the old Eden Prairie Police Station. The Owner and the Architect agree as set forth below. • O 1988-THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C., 20006-5292. AIA DOCUMENT B727 - OWNER-ARCHITECT AGREEMENT- 1988 EDITION-AIA®-WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject.the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: CITY OF EDEN PRAIRIE PROPOSAL.DOC—8/28/2001.AIA License Number 1010664,which expires on 6/20/2002. Electronic Format B727-1988 1 • ARTICLE 1 ARCHITECT'S SERVICES (Here list those services to be provided by the Architect under the Terms and Conditions ofthisAgreement. Note under each service listed the method and means of compensation to be used,ifapplicable,as provided inArticle 8.) Scope of Work: Inventory the existing building materials Identify possible uses for materials . Review options for salvage and and/or recycling of materials Investigate possible connections to other City priorities such as affordable housing or education Compare costs of demolition versus deconstruction Final report to the City of Eden Prairie Assist with Bidding Phase. LHB will prepare bid documentation for Deconstruction Option. If Deconstruction Option is selected, LHB will provide four(4)site visits and answer Contractor's questions. • • • © 1988-THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C., 20006-5292.AIA DOCUMENT B727- OWNER-ARCHITECT AGREEMENT- 1988 EDITION -AIA® -WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution.This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: CITY OF EDEN PRAIRIE PROPOSAL.DOC—8/28/2001.AIA License Number 1010664,which expires on 6/20/2002. Electronic Format B727-1988 2 5 TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT reference to this Agreement signed by the Owner,Architect and ARTICLE 2 any other person or entity sought to be joined. Consent to OWNER'S RESPONSIBILITIES arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim,dispute or other 2.1 The Owner shall provide full information regarding matter in question not described in the written consent or with requirements for the Project. The Owner shall furnish required a person or entity not named or described therein. The information as expeditiously as necessary for the orderly foregoing agreement to arbitrate and other agreements to progress of the Work,and the Architect shall be entitled to rely arbitrate with an additional person or entity duly consented to on the accuracy and completeness thereof. by the parties to this Agreement shall be specifically enforceable in accordance with applicable law in any court having 2.2 The Owner shall designate a representative authorized jurisdiction thereof. to act on the Owner's behalf with respect to the Project. The Owner or such authorized representative shall render decisions 4.4 The award rendered by the arbitrator or arbitrators in a timely manner pertaining to documents submitted by the shall be final, and judgment may be entered upon it in Architect in order to avoid unreasonable delay in the orderly accordance with applicable law in any court having jurisdiction and sequential progress of the Architect's services. thereof. . ARTICLE 3 ARTICLE 5 USE OF ARCHITECT'S DOCUMENTS TERMINATION OR SUSPENSION 3.1 The documents prepared by the Architect for this 5.1 This Agreement may be terminated by either party Project are instruments of the Architect's service for use solely upon not less than seven days'written notice should the other with respect to this Project and,unless otherwise provided,the party fail substantially to perform in accordance with the terms Architect shall be deemed the author of these documents and of this Agreement through no fault of the party initiating the shall retain all common law,statutory and other reserved rights, termination. including the copyright. The Owner shall be permitted to retain copies,including reproducible copies, of the Architect's 5.2 If the Owner fails to make payment when due the documents for the Owner's information, reference and use in Architect for services and expenses, the Architect may, upon connection with the Project. The Architect's documents shall seven days'written notice to the Owner,suspend performance not be used by the Owner or others on other projects, for of services under this Agreement. Unless payment in full is additions to this Project or for completion of this Project by received by the Architect within seven days of the date of the others, unless the Architect is adjudged to be in default under notice,the suspension shall take effect without further notice. this Agreement, except by agreement in writing and with In the event of a suspension of services,the Architect shall have appropriate compensation to the Architect. no liability to the Owner for delay or damage caused the Owner because of such suspension of services. ARTICLE 4 ARBITRATION 5.3 In the event of termination not the fault of the Architect, the Architect shall be compensated for services 4.1 Claims,disputes or other matters in question between performed prior to termination, together with Reimbursable the parties to this Agreement arising out of or relating to this Expenses then due and all Termination Expenses as defined in Agreement or breach thereof shall be subject to and decided by Paragraph 5.4 arbitration in accordance with the Construction Industry 5.4 Termination Expenses shall be computed as a Arbitration Rules of the American Arbitration Association percentage of the compensation earned to the time of currently in effect unless the parties mutually agree otherwise. termination,as follows: 4.2 A demand for arbitration shall be made within a .1 For services provided on the basis of a multiple of reasonable time after the claim, dispute or other matter in Direct Personnel Expense, 20 percent of the total question has arisen. In no event shall the demand for Direct Personnel Expense incurred to the time of arbitration be made after the date when institution of legal or termination;and equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statutes of • .2 For services provided on the basis of a stipulated sum, limitations. ro percent of the stipulated sum earned to the time of 4.3 No arbitration arising out of or relating to this termination. Agreement shall include, by consolidation, joinder or in any other manner,an additional person or entity not a party to this Agreement, except by written consent containing a specific O 1988-THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W.,WASHINGTON, D.C., 20006-5292.AIA DOCUMENT B727- OWNER-ARCHITECT AGREEMENT- 1988 EDITION -AIA®-WARNING: Unlicensed photocopying violates U.S.copyright laws and will subject the violator to legal prosecution.This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: CITY OF EDEN PRAIRIE PROPOSAL.DOC—8/28/2001.AIA License Number 1010664,which expires on 6/20/2002. Electronic Format B727-1988 6 ARTICLE 6 7.2 REIMBURSABLE EXPENSES MISCELLANEOUS PROVISIONS 7.2.1 Reimbursable Expenses are in addition to the 6.1 Unless otherwise provided, This Agreement shall be Architect's compensation and include expenses incurred by the governed by the law of the principal place of business of the Architect and Architect's employees and consultants in the Architect. interest of the Project for: 6.2 Causes of action between the parties to this .1 expense of transportation and living expenses in Agreement pertaining to acts or failures to act shall be deemed connection with out-of-town travel authorized by the to have accrued and the applicable statute of limitations shall Owner; commence to run not later than the date payment is due the Architect-pursuant to Paragraph 8.4. .2 long-distance communications; • 6.3 The Owner and Architect, respectively, bind .3 fees paid for securing approval of authorities having themselves, their partners, successors, assigns and legal jurisdiction over the Project; representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such .4 reproductions; other party with respect to all covenants of this Agreement. Neither Owner nor Architect shall assign this Agreement .5 postage and handling of documents; without the written consent of the other. .6 expense of overtime work requiring higher than 6.4 This Agreement represents the entire and integrated regular rates,if authorized by the Owner; agreement between the Owner and Architect and supersedes all prior negotiations, representations or agreements, either .7 renderings and models requested by the Owner; written or oral. This Agreement may be amended only by written instrument signed by both Owner and Architect. .8 expense of additional coverage or limits, including professional liability insurance, requested by the 6.5 Nothing contained in this Agreement shall create a Owner in excess of that normally carried by the contractual relationship with or a cause of action in favor of a Architect and the Architect's consultants;and third party against either the Owner or Architect. .9 Expense of computer-aided design and drafting 6.6 Unless otherwise provided in this Agreement, the equipment time when used in connection with the Architect and Architect's consultants shall have no Project. responsibility for the discovery,presence,handling,removal or disposal of or exposure of persons to hazardous materials in any 7.3 PAYMENTS ON ACCOUNT OF THE form at the Project site, including but not limited to asbestos, ARCHITECT'S SERVICES asbestos products, polychlorinated biphenyl (PCB) or other toxic substances. 7.3.1 Payments on account of the Architect's services and ARTICLE 7 for Reimbursable Expenses shall be made monthly upon PAYMENTS TO THE ARCHITECT presentation of the Architect's statement of services rendered or as otherwise provided in this Agreement. 7.1 DIRECT PERSONNEL EXPENSE 7.3.2 An initial payment as set forth in Paragraph 8.i is the minimum payment under this Agreement. 7.1.1 Direct Personnel Expense is defined as the direct salaries of the Architect's personnel engaged on the Project and 7.4 ARCHITECT'S ACCOUNTING RECORDS the portion of the cost of their mandatory and customary contributions and benefits related thereto,such as employment 7.4.1 Records of Reimbursable Expenses and expenses taxes and other statutory employee benefits, insurance, sick pertaining to services performed on the basis of a multiple of leave, holidays, vacations, pensions, and similar contributions Direct Personnel Expense shall be available to the Owner or the and benefits. Owner's authorized representative at mutually convenient times. • © 1988-THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C., 20006-5292.AIA DOCUMENT B727 - OWNER-ARCHITECT AGREEMENT- 1988 EDITION -AIA® -WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: CITY OF EDEN PRAIRIE PROPOSAL.DOC—8/28/2001.AIA License Number 1010664,which expires on 6/20/2002. Electronic Format B727-1988 4 ARTICLE 8 BASIS OF COMPENSATION The Owner shall compensate the Architect as follows: 8.1 AN INITIAL PAYMENT OF Five Hundred Dollars ($ 500.00 ) shall be made upon execution of this Agreement and credited to the Owner's account at final payment. 8.2 COMPENSATION FOR THE ARCHITECT'S SERVICES, as described in Article i,Architect's Services,shall be computed as follows: (Insert basis of compensation,including stipulated sums multiples or percentages, and identify the services to which particular methods of compensation apply;if necessary.) The fees for this'project will be billed in a lump sum basis. Total fees for Items#1-7 (under Scope of Work) will be Six Thousand-Five Thousand Dollars($6.500). Total fees for Item#8 (under Scope of Work)will be One-Thousand Five Hundred Dollars ($1.500). 8.3 FOR REIMBURSABLE EXPENSES, as described in Article 7, and any other items included in Article 9 as Reimbursable Expenses, a multiple of one point one( 1_1 )times the expenses incurred by the Architect,the Architect's employees and consultants in the interest of the Project. 8.4 Payments are due and payable thirty•(30 )days from the date of the Architect's invoice. Amounts unpaid sixty (60)days after the invoice date shall bear interest at the rate entered below,or in the absence thereof,at the legal rate prevailing from time to•time at the principal place of business of the Architect. (Insert rate of interest agreed upon.) 8%annually or.67% monthly. (Usury laws and requirements under the Federal Truth in Lending Act,similar state and local consumer credit laws and other regulations at the Owner's and Architect's principal places of business,the location of the Project and elsewhere may affect the validity of this provision. Specific legal advice should be obtained with respect to deletions or modifications,and also regarding other requirements such as written disclosures or waivers.) 8.5 IF THE SCOPE of the Project or of the Architect's services is changed materially, the.amounts of compensation shall be equitably adjusted. ARTICLE 9 OTHER CONDITIONS Refer to Exhibit A Other Conditions or Services, attached. This Agreement entered into as of the day and year first written above. OWNER ' ' TECT / f /, • (Signature) gnature) (CHARD A. CARTER VICE PRESIDENT, MINNEAPOLIS OFFICE (printed name and title) (printed name and title) • • O 1988-THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W.,WASHINGTON, D.C., 20006-5292. AIA DOCUMENT B727 - OWNER-ARCHITECT AGREEMENT- 1988 EDITION-AIA® -WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below, expiration as noted below. User Document: CITY OF EDEN PRAIRIE PROPOSAL.DOC—8/28/2001.AIA License Number 1010664,which expires on 6/20/2002. Electronic Format B727-1988 5 LHB Engineers&Architects 250 Third Avenue North,Suite 450 • Minneapolis,MN 55401 612 338-2029 Fax 612 338-2088 www.LHBcorp.com EXHIBIT "A" OTHER CONDITIONS OR SERVICES 1. Refer to(Exhibit"B")for future fees and reimbursable expenses. 2. Owner hereby agrees that to the fullest extent permitted by law, design professionals total liability to owner for any and all injuries, claims, losses, expenses or damages whatsoever arising out of or in any way related to the project or this agreement from any cause or causes including but not limited to design professional's negligence, errors, omissions, strict liability, breach of contract or breach of warranty shall not exceed the total amount of the net fee or$50,000 whichever is greater. 3. Either party may terminate this Agreement by written notice should the other party fail substantially to perform in accordance with its terms through no fault of the other. Such notice shall specifically identify the default and reasonable acceptance performance. Defaulting party shall have (7) days to cure said default. Upon expiration of the above period without cure,this contract shall be terminated. In event of the termination,our firm will be paid compensation for the services performed and reimbursables incurred to the termination date. • 4. The laws of the State of Minnesota shall govern this Agreement. 5. Add the following to Article 4,Arbitration: 4.5 In addition to and prior to arbitration,the parties shall endeavor to settle disputes by mediation in accordance with the Construction Industry Mediation Rules of the American Arbitration Association currently in effect unless the parties mutually agree otherwise. Demand for mediation shall be filed in writing with the other party to this Agreement and with the American Arbitration Association. A demand for mediation shall be made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event shall the demand for mediation be made after the date when institution of legal of equitable proceedings based on such claim,dispute or other matter in question would be barred by the applicable statute of limitations. F:WDMW\WPDOCS\FORMS\Billing Rates\Exhibit A Other Conditions.doc Duluth,MN Minneapolis,MN Chicago,IL 9 CITY COUNCIL AGENDA DATE: September 4,2001 SECTION: Consent Calendar SERVICE AREA/DIVISION: ITEM DESCRIPTION: I.C. 01-5540 ITEM NO.: Engineering Services Resolution Approving Plans and Specifications Alan D. Gray for Mitchell Road Storm Sewer Improvements Eugene A. Dietz Requested Action Move to: Adopt Resolution approving plans and specifications for Mitchell Road Storm Sewer Improvements. Synopsis This project will result in the construction of storm sewer in Mitchell Road, which will relieve current flooding problems for Atherton Townhomes. Background Information Atherton Townhomes has historically experienced drainage problems within their site. Currently they have independently hired an engineer (Rehder Associates) to assess the existing conditions and arrive at drainage solutions. One location that has been identified as a City drainage issue is an area adjacent to Mitchell Road. In the past, storm water has overtopped the curb in Mitchell Road and flowed into a low area within the Atherton Townhome common areas creating drainage problems for some of the adjacent units. This proposed project will provide storm sewer improvements for Mitchell Road that will not be detrimental to adjacent private properties. CITY OF EDEN PRAIRIE HENNEPIN COUNTY,NIINNESOTA RESOLUTION NO. RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS. I.C. 01-5540 WHEREAS,the City Engineer through H.T.P.O., Inc., has prepared plans and specifications for the following improvements to wit: I.C. 01-5540 Mitchell Road Storm Sewer Improvements and has presented such plans and specifications to the Council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: 1. Such plans and specifications, a copy of which is on file for public inspection in the City Engineer's office, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published once, shall specify the work to be done, shall state that bids shall be received until 10:00 a.m. on September 21, 2001, at City Hall after which time they will be publicly opened by the Deputy City Clerk and Engineer, will then be tabulated, and will be considered by the Council at 7:00 p.m., Tuesday, October 1, 2001, at the Eden Prairie City Hall, Eden Prairie. No bids will be considered unless sealed and filed with the clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the City for 5% (percent) of the amount of such bid. ADOPTED by the Eden Prairie City Council on September 4,2001. Jean L.Harris, Mayor ATTEST: SEAL Kathleen A. Porta, City Clerk CITY COUNCIL AGENDA DATE: 09/04/01 SECTION: Public Hearings SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development Donald R. Uram Terrey Pine Villas , A-. Michael D. Franzen Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for Planned Unit Development Concept Review on 6.39 acres; and • Approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers,Zoning District Change from Rural to R1-9.5 on 4.97 acres and Zoning District Amendment within the R1-22 Zoning District on 1.42 acres; and • Adopt the Resolution for Preliminary Plat on 6.39 acres into 13 lots and one outlot; and • Direct Staff to prepare a Developer's Agreement incorporating Staff and Board recommendations and Council conditions. Synopsis The plan is 13 single-family lots on 6.39 acres. The existing home on proposed Lot 1 will remain. The zoning for proposed Lot 1 will remain R1-22. A rezoning from R1-22 to R1-9.5 is proposed for 12 new single family homes. The plan requires waivers for lot width, lot size, and setback. The project is located on the south side of Terry Pine Drive north of Mitchell Lake. The Community Planning Board voted 7-0 to recommend approval of the project, with waivers, to the City Council at the August 13, 2001 meeting subject to moving the boat dock to the west and staggering the buildings. These plan changes are included in the revised plans. Background Information: The project requires the following waivers in the R1-9.5 zoning district. 1. Lot size less than 9,500 square feet. 2. Lot width less than 70 feet. 3. Side yard setbacks from 10 feet to 5 feet to 4 and 5 feet. 4. Shoreland setback from 150 feet to 140 feet for the existing house. Reasons to consider the waivers are as follows: 1. A low tree loss of 15%. 2. A 150-foot setback and tree preservation mitigates the impacts of homes on the lake. 3. The equivalent land area per unit is 21,405 square feet per unit. Attachments 1. Resolution for PUD Concept Review 2. Resolution for Preliminary Plat 3. Staff Report dated August 10,2001 4. Community Planning Board minutes dated August 13, 2001 • TERREY PINE VILLAS CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2001- A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF TERREY PINE VILLAS FOR MATRIX DEVELOPMENT,LLC WHEREAS,the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development(PUD) Concept of certain areas located within the City; and WHEREAS, the Community Planning Board did conduct a public hearing on Terrey Pine Villas PUD Concept by Matrix Development 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 September 4, 2001. NOW,THEREFORE,BE IT RESOLVED by the City Council of Eden Prairie,Minnesota, as follows: 1. Terrey Pine Villas, 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 August 28, 2001. 3. That the PUD Concept meets the recommendations of the Community Planning Board dated August 13, 2001. ADOPTED by the City Council of the City of Eden Prairie this 4th day of September,2001. Jean L. Harris,Mayor ATTEST: Kathleen A.Porta, City Clerk 3 Exhibit A Terrey Pines Villa Legal Description: PID: 08-116-22-34-0004 That part of the west 490 feet of the east 980 feet of the south 1/4 of the southeast 1/4 of the southwest 1/4 lying southerly of parcel 212R as shown on MN/DOT right-of-way no. 27-50 PM: 17-116-22-21-0003 The west 490 feet of the east 980 feet of Government Lot 1 PID: 08-116-22-34-0001 That part of the south 1/4 of the south 1/2 of the southwest 1/4 lying west of the east 980 feet thereof and east of a line bearing north 1 degree, 16 minutes west from a point in the south line of the southwest 1/4 distance 1371 feet. TERREY PINE VILLAS CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2001- RESOLUTION APPROVING THE PRELIMINARY PLAT OF TERREY PINE VILLAS FOR MATRIX DEVELOPMENT,LLC. BE IT RESOLVED,by the Eden Prairie City Council as follows: That the preliminary plat of the Terrey Pine Villas for Matrix Development,LLC dated August 28, 2001, and consisting of 6.39 acres into 13 lots and one outlot, 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 4th day of September, 2001. Jean L. Harris, Mayor ATTEST: Kathleen A. Porta, City Clerk STAFF REPORT TO: Community Planning Board FROM: Michael D. Franzen, City Planner DATE: August 10, 2001 SUBJECT: Terrey Pine Villas APPLICANT: Matrix Development, L.L.C. OWNER: David Kassid and Carolyn Anderson LOCATION: Terry Pine Drive and Highway 5 REQUEST: 1. Planned Unit Development Concept Review on 6.39 acres 2. Planned Unit Development District Review with waivers on 6.39 acres 3. Zoning District Change from Rural to R1-9.5 on 4.97 acres 4. Zoning District Amendment within the R1-22 District on 1.42 acres 5. Preliminary Plat of 6.39 acres into 13 lots and 1 outlot •. i ' 1 i, :,ti.,. ; 0, .,•.• , i..,; ::I',1 1,. .r.9,; • ' . ,1 ir, r . ..'. , , . ....; • '', It ,tt...:,:.:itil,;,;i1.,,..1.,,i-,,!,,t,,,,,,,,::.,:..lr'..L...i.:',,,': ' ,,, , ,•, .::: .;. .. .. i „rt.,. i i..; : ,,.... • ,„.• tr ,,,,,,,,R ii..., •„ii;4`.„,' 1,1, ;. !.: ,, : .. .. ; 1 ''' - 0 ',,,i; 't.'.,.,,`,': 1[•,-; 17 1'',. .. ,...:. -.::.r. • • , • ;., .• 1, 1 ;::,A , g . ..• •.:- ., • i -,,,,,,i.- •••: - 1,01,1).'Fil-,...ii , . •••• • : . •"' ':-. • , •, ! ,.1,1: ,,ii.•E' ,14.,..ii 1.:: -. • •,,• ., -.., ; ,- '• •• . t-4. ..,,, .. . '• •• • - ' 1 ,,,,,,,. . i !it•,1 ; .....1 ,..z:, . 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'•t::'1..,,,'' '.ii $11-• .. . , .,,, • ,,-. , ; -, ,,,4 •,-,:.,,,, ,, ''• .,.4- ,7, ', ; ..'1.''''''''-''' '''''.•':-•- • . .,•11: ... 7.,,, .Jo:t,,,,,i • • 4'. ,,k,,, , 1, i ,I. ,, - - . .. 1 ' 1 I , . ;._„....... _..,.,:', , ,,,•„,i1.,,,i..,,, , ,.,,,,,II, . - , , • - •.. • • ':, . : . .• • . i ,,,:.-, '",•' ,',' ',••i'• •,, • , 1-,• !,.-,,! . SAt • riii',' ., • .,''',''."! ,,,„,_ • g ' 1 4 :' ; • , - -----' ---.'..--' q —........... Staff Report—Terrey Pine Villas August 10,2001 BACKGROUND: The site is currently guided low density residential for up to 2.5 units per acre. The site is currently zoned R1-22. PLANNED UNIT DEVELOPMENT The plan is 13 single family lots on 6.39 acres. The density is 2.03 units per acre. The existing home on proposed Lot 1 will remain. The zoning for proposed Lot 1 will remain R1-22. A rezoning from R1-22 to R1-9.5 is proposed for 12 new single family homes. The density of the R1-9.5 area is 2.41 units per acre. PLANNED UNIT DEVELOPMENT WAIVERS The project requires the following waivers in the R1-9.5 zoning district. 1. Lot size less than 9,500 square feet. 2. Lot width less than 70 feet. 3. Side yard setbacks from 10 feet to 5 feet to 4 and 5 feet. 4. Shoreland setback from 150 feet to 140 feet for the existing house. Reasons to consider the waivers are as follows: 1. A low tree loss of 15%. 2. A 150-foot setback and tree preservation mitigates the impacts of homes on the lake. 3. The equivalent land area per unit is 21,405 square feet per unit. TREE PRESERVATION: There are 4,700 inches of significant trees on the property. Tree loss is 15% or 392 inches. The required tree replacement is 78 inches. The tree replacement plan meets this requirement. UTILITIES AND DRAINAGE: Sewer and water is available in Terry Pine Drive. The required stormwater treatment ponds are shown on the plan. BOAT DOCKS: The City Code allows one dock up to 75 feet in length and a maximum area of 450 square feet for each abutting lot. The common outlot, to be owned by the association, is an abutting lot. The plan meets the boat dock requirement. 1 Staff Report—Terrey Pine Villas August 10,2001 The boat dock is located on the lake where the water is only 100 feet wide. With docks on the north and south side of the lake may make it difficult for boats to pass. The staff would recommend that the proposed dock be located approximately 100 feet to the east where the lake widens to 200 feet. STAFF RECOMMENDATIONS: Staff recommends approval of the following: • Planned Unit Development Concept Review on 6.39 acres • Planned Unit Development District Review with waivers on 6.39 acres • Zoning District Change from Rural to R1-9.5 on 4.97 acres • Zoning District Amendment in the R1-22 District on 1.42 acres • Preliminary Plat of 6.39 acres into 13 lots and 1 outlot This is based on plans dated August 10, 2001, the Staff Report dated August 10, 2001, and the following conditions: 1. Prior to City Council review, the proponent shall: A. Revise the plan to relocate the dock approximately 100 feet to the east. 2. Prior to final plat approval,the proponent will: A. Submit detailed storm water runoff, utility and erosion control plans for review by the Watershed District. B. Submit detailed storm water runoff, utility and erosion control plans for review by the City Engineer. 3. Prior to Building Permit issuance,the proponent will: A. Pay the appropriate cash park fee. B. Meet with the Fire Marshal to go over fire code requirements. C. Submit samples of exterior building materials for review. D. Submit a landscaping and screening bond for review. 3. Prior to grading,the proponent will notify the City Engineer, Watershed District, and City Forester. Construction fencing must be in place and approved by the City Forester prior to grading and tree removal. 4. The following waivers from the City code are granted as part of the Planned Unit Development District. 9 Staff Report—Terrey Pine Villas August 10,2001 • Lot size less than 9,500 square feet. • Lot width less than 70 feet. • Side yard setbacks from 10 feet and 5 feet to 4 and 5 feet. • Shoreland setback from 150 feet to 140 feet for the existing house. lO Community Planning Board Minutes August 13,2001 Page 3 B. TERREY PINE VILLAS by Matrix Development, LLC. Request for Planned Unit Development Concept Review on 6.39 acres, Planned Unit Development District Review with waivers on 6.39 acres, Zoning District Change from Rural to R1-9.5 on 4.97 acres and Zoning District Amendment within the R1-22 Zoning District on 1.42 acres, and Preliminary Plat on 6.39 acres into 13 lots and one outlot. Location: Terrey Pine Drive. The public hearing opened at 7:46 p.m. Perry Ryan, Ryan Engineering presented the elevation and plans. It is south of Highway 5 along the north shore of Mitchell Lake. The entire area within the 150 foot shoreland setback would be designated an outlot. Two ponds will handle stormwater. Slopes go southerly toward Mitchell Lake. A common access will go to Terrey Pine Drive. The tree loss is 15%. Sideyard setback waivers reflect favorably as compared to closest similar development. Eight to 10 foot sideyard setbacks will be provided. Lot size ranges from 7,500 to 11,400 square feet.Homes will be custom built. Franzen stated the site is guided low density residential for up to 2.5 units per acre and is currently zoned R1-22. The 13 single-family lots on 6.39 acres create a density of 2.03 units per acre. An existing home will remain on lot 1. Rezoning from R1-22 to R1-9.5 is proposed for 12 new single family homes. Waivers requested are lot size less than 9,500 square feet, lot width less than 70 feet, side yard setbacks from 10 feet and 5 feet to 4 and 5 feet. The low tree loss, 150-foot setback and tree preservation mitigates impacts of homes on the lake. Land area per unit is 21,405 square feet per unit. Staff recommends approval according to the conditions in the staff report. One change in the staff report was dock location moving it 100 feet to the east. It was indicated that would not be a problem. John Capouch, representing Timberlakes Homeowners Association, stated the main concerns are shoreline protection, congestion, and dock location. He asked for clarification of tree removal and foliage vs. trees. He said 12 boats would be a significant increase to the lake; he advised limiting boats to .5 per home or 6 for the project. The dock should be relocated to the east. Nelson asked Mr. Capouch how many residents of the Timberlake Homeowners Association have boats. Capouch stated some do not have boats; two or three people have more than one boat. Not all are in the water at the same time. Foote asked about the effect of eliminating one unit to increase the side yard setback. Ryan stated it would affect the feasibility of the project. Foote inquired about the boat docks. Ryan stated they were proposing four slips. They would rather move it to the west than to the east; it would stay within phase I of the development. Community Planning Board Minutes August 13,2001 Page 4 Nelson inquired about the setbacks and possibility of two story buildings. She would rather see single story or limiting to every other home two stories. Corneille asked Fox to address the tree question. Fox noted coniferous trees over 8 inches in diameter or deciduous trees over 12 inches in diameter were considered significant. The ponding area would be the only area disturbed. Corneille asked about the rezoning of part of the area while leaving the original lot and its zoning. Franzen stated it was past practice. Stoelting stated the area on either side was residential low density. Franzen said density was based upon the gross area. The breakdown of the 12 units showed that within the net area it was still within the comprehensive plan. All of the land is guided residential low density up to 2.5 units per acre. Corneille said it appears they should go ahead with it. Nelson asked whether they had decided to move the dock to the east or west. Franzen stated either east or west would be fine. Brooks asked how many lots would have the 4 and 5-foot sideyard setbacks. Ryan stated abutting garages on five locations would be 4-foot setbacks and houses facing each other in six locations would be 10 feet. The 15-foot setbacks at each end of the development could be decreased to allow additional flexibility within the project. Foote asked about the houses facing each other and whether they could be staggered. Ryan stated staggering was a possibility. Homes would be custom built; they would not end up exactly alike. Seymour asked if shifting would help meet sideyard setbacks. If a unit were removed would the setback waiver be necessary. Franzen stated 15 feet should remain. The only way to change the sideyard setback would be to decrease the unit size or remove a unit. Foote stated staggering the units would probably help solve the problem. Motion by Stoelting, second by Brooks to close the hearing. Motion carried,7-0. 1 )- - Community Planning Board Minutes August 13,2001 Page 5 Motion by Stoelting, second by Brooks to approve Terrey Pine Villas by Matrix Development, LLC. Request for Planned Unit Development Concept Review on 6.39 acres, Planned Unit Development District Review with waivers on 6.39 acres, Zoning District Change from Rural to R1-9.5 on 4.97 acres and Zoning District Amendment within the R1-22 Zoning District on 1.42 acres, and Preliminary Plat on 6.39 acres into 13 lots and one outlot. Location: Terrey Pine Drive; according to conditions listed in the staff report and with units staggered,with no two stories next to each other, and the dock moved to the west. Motion carried, 7-0. 13 CITY COUNCIL AGENDA DATE: 09/04/01 SECTION: Public Hearings SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development Donald R.Uram Eden Prairie Auto Center . , Scott A.Kipp Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for Guide Plan Change from Neighborhood Commercial to Community Commercial on 1.05 acres; and • Adopt the Resolution for Planned Unit Development Concept Amendment on 1.05 acres; and • Approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers and Zoning District Change from Rural to Community Commercial on 1.05 acres; and • Adopt the Resolution for Preliminary Plat on 1.05 acres into 1 lot; and • Direct Staff to prepare a Developer's Agreement incorporating Staff and Board recommendations and Council conditions. Synopsis This project is a 5,976-sq. ft. single-story building proposed for an auto care center. The project is located south of Anderson Lakes Parkway between highway 212 and Aztec Drive. A guide plan change from Neighborhood Commercial to Community Commercial is required. PUD waivers are required for lot size,width, and depth. The Community Planning Board voted 7-0 to recommend approval of the project to the City Council at the August 13, 2001 meeting subject to additional landscaping and screening of mechanical units. The revised plans show additional landscaping and screening of mechanical units. Background Information The west side of Aztec drive has developed with auto related uses that are appropriately located adjacent to Highway 212. A community commercial guiding would be appropriate along Highway 212 and is compatible with existing commercial guiding and zoning. Community Commercial zoning requires a minimum lot size of 5 acres and lot width and depth of 300 feet. The site is 1.05 acres in size, 193 feet wide and 238 feet deep requiring waivers through the PUD. The waivers may have merit based on the following. • The site is next to existing Community Commercial zoning for an aggregate size of approximately 6 acres. • Community Commercial zoning is appropriate for an auto-related use next to Highway 212. The project meets City code requirements for setbacks,parking, exterior materials, landscaping and screening, lighting, and drainage. Attachments 1. Resolution for Guide Plan Change 2. Resolution for PUD Concept Amendment 3. Resolution for Preliminary Plat 4. Staff Report dated August 10,2001 5. Community Planning Board minutes dated August 13, 2001 EDEN PRAIRIE AUTO CENTER CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2001- A RESOLUTION AMENDING THE 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 Eden Prairie Auto Center by Westbrook Development is for a 5,900 square foot auto center. 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: 1.05 acres from Neighborhood Commercial to Community Commercial, located west of Aztec Drive and east of T.H. 212. ADOPTED by the City Council of the City of Eden Prairie this 4th day of September, 2001. Jean L. Harris,Mayor ATTEST: Kathleen A.Porta, City Clerk 3 EDEN PRAIRIE AUTO CENTER CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2001- A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT AMENDMENT OF EDEN PRAIRIE AUTO CENTER FOR WESTBROOK DEVELOPMENT 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 Eden Prairie Auto Center PUD Concept Amendment by Westbrook Development 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 September 4, 2001. NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. Eden Prairie Auto Center,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 Amendment approval as outlined in the plans dated August 23, 2001. 3. That the PUD Concept Amendment meets the recommendations of the Community Planning Board dated August 13, 2001. ADOPTED by the City Council of the City of Eden Prairie this 4th day of September,2001. Jean L. Harris,Mayor ATTEST: Kathleen A.Porta, City Clerk —1 Exhibit A Eden Prairie Auto Center Legal Description: Outlot A,Anderson Lakes Commercial Center 2nd Addition except that part platted as Anderson Lakes Commercial Center 3rd Addition and except that part taken for Highway 212. 5 EDEN PRAIRIE AUTO CENTER CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2001- RESOLUTION APPROVING THE PRELIMINARY PLAT OF EDEN PRAIRIE AUTO CENTER FOR WESTBROOK DEVELOPMENT BE IT RESOLVED,by the Eden Prairie City Council as follows: That the preliminary plat of the Eden Prairie Auto Center for Westbrook Development dated August 23,2001 and consisting of 1.05 acres into 1 lot, 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 4th day of September, 2001. • • • Jean L. Harris,Mayor ATTEST: Kathleen A. Porta, City Clerk STAFF REPORT TO: Community Planning Board FROM: Scott A.Kipp, Senior Planner THROUGH: Michael D.Franzen, City Planner DATE: August 10,2001 SUBJECT: Eden Prairie Auto Center APPLICANT: Neil Weber OWNER: Duane Marshall LOCATION: West of Aztec Drive and east of Highway 212 REQUEST: 1. Guide Plan Change from Neighborhood Commercial to Community Commercial on 1.05 acres • 2. Planned Unit Development Concept Amendment on 1.05 acres 3. Planned Unit Development District Review with waivers on 1.05 acres 4. Zoning District Change from Rural to Community Commercial on 1.05 acres 5. Site Plan Review on 1.05 acres 6. Preliminary Plat of 1.05 acres into 1 lot. Location Map Eden Prairie Auto Center ' ,.. i;:, ",:!' -.,. , if , 1.: " '11 iplei : ': _.: '. re . .. , 11 ; �d' LLYYYYYY ,` T� jjp .TT�?� �2qq it ,. r 1 •:: '. 1'117,141 .; ,. .' .. . 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'.'... 1, I, l'•a 1,,,., .-.;.,:ti:.,,,,-,,..., ..-li 1 . ,,,.,....,,.,. : .....,,,,.,1 . ..,..,,i,, ,,;,,.., f, , i . .,,,,, ,\ - - 111:- .,„.1 ,, ,,..,. ,,. rt ,,,, ,,,.,,,-,,,:_,..,,,., , ,,,, i,..,,.; -:,„,.., ....„,.... i...,. .- ,. .... ,, i i ....:,. ,,,. :. ,:,_: -,:'-', I . - q'. 1 't` , •ap . r.•.tt)/ y- I I1 yr +.I I ' .•, ',•3 •C� • k ;, y£. 'p i� �l i w ; q..l h, Sr �: t; S I" ! .1.:, 'I ` .., I i d Zr. 6 t I t + t I t+ i 2 .6 F t •• t I , 1' ( i •aS. Pqqta fi y 2 I + 2 2 ,' } 2T , ��fi A. i e t 'y f h e t t 1 1 I I fi, H 1 I ,2 d ! 1 I'i.+ I,•1 11!„j,. , it; } h .r 2 • •Zx $ ai 1 t I''8°I� ` I IMII r .y, 4 r 1 If i' (7 tJ I.. ' k 1 I}I AA ,..i t ....... _ - , .. r . 1 ai.,& ;� �ii a 1 ,.r _, • i . . 1 .,a ,��. �c , Staff Report—Eden Prairie Auto Center August 10,2001 BACKGROUND This site is currently guided neighborhood commercial and zoned rural. Surrounding land uses are neighborhood commercial to the north (Amoco), neighborhood commercial (Children's World daycare)and office to the east,community commercial(Gerring Car Wash)to the south and office to the west across Highway 212. COMPREHENSIVE GUIDE PLAN CHANGE The west side of Aztec drive has developed with auto related uses that are appropriately located adjacent to Highway 212. A community commercial guiding would be appropriate along Highway 212 and is compatible with existing commercial guiding and zoning. The existing and future uses on the east side of Aztec Drive are daycare and office, which are appropriate uses adjacent to the residential areas to the east and behind the existing berm. SITE PLAN The site plan shows a 5,976-sq. ft. single-story building on 1.05 acres. The Base Area Ratio and Floor Area Ratio is .12. City Code permits up to a .20 BAR and a .40 FAR in the community commercial district. City Code requires 10 parking spaces plus 1 space for every service bay for a total of 22 parking spaces. The plan shows 29 parking spaces. The building and parking meet required setbacks. The plan is designed to provide for a cross-access with the Gerring Car Wash to the south. PUD WAIVERS Community Commercial zoning requires a minimum lot size of 5 acres and lot width and depth of 300 feet. The site is 1.05 acres in size, 193 feet wide and 238 feet deep requiring waivers through the PUD. The waivers may have merit based on the following. • The site is next to existing Community Commercial zoning for an aggregate size of approximately 6 acres. • Community Commercial zoning is appropriate for an auto-related use next to Highway 212. Staff Report—Eden Prairie Auto Center August 10,2001 GRADING AND DRAINAGE No significant trees are located on the site. The existing NURP pond located south of the Gerring Car Wash will be modified to accommodate the additional storm water from this site. UTILITIES Sanitary sewer and water is available to this site with connection to existing lines in Aztec Drive. ARCHITECTURE Building materials are consistent with City Code for 75%face brick and glass. All service bay doors should be painted to match the building. A trash enclosure constructed of face brick to match the building is proposed. All rooftop mechanical equipment screening is to be screened by a parapet wall. The parapet wall should be raised to a minimum of four feet to ensure complete screening of the mechanical equipment. Lighting shall be limited to 20 feet in height to be consistent with lighting on adjacent sites. LANDSCAPE PLAN The amount of landscaping required by City Code is based on building size and screening parking and service bay doors. The plan meets the required caliper inches of trees based on building size,but the plan should be revised according to attachment A to the meet screening requirements. A landscaping irrigation system is needed to maintain the proposed landscaping. CONCLUSION The guide plan and rezoning would be consistent with land uses in the area. STAFF RECOMMENDATION Staff recommends approval of the following: • Guide Plan Change from Neighborhood Commercial to Community Commercial on 1.05 Io Staff Report—Eden Prairie Auto Center August 10,2001 acres. • Planned Unit Development Concept Amendment on 1.05 acres • • Planned Unit Development District Review with waivers on 1.05 acres • Zoning District Change from Rural to Community Commercial on 1.05 acres • Site Plan Review on 1.05 acres • Preliminary Plat of 1.05 acres into one lot This would be based on plans dated August July 23, 2001, this staff report, and the following conditions: 1. Prior to City Council review,proponent shall: A. Revise the landscaping plan according to attachment A. B. Increase the parapet wall height to a minimum of four feet. 2. Prior to grading permit issuance,the proponent shall: A. Submit detailed storm water runoff,utility and erosion control plans for review by the City Engineer and Watershed District. B. Install erosion control at the grading limits of the property for review and approval by the City Engineer. 3. Prior to building permit issuance, the proponent shall: A. Provide a landscape surety equivalent to 150% of the cost of the landscaping improvements and mechanical equipment screening. B. Provide a landscaping irrigation plan for the property. C. Submit detailed building plans to the Inspections Department and Fire Marshal for their review and approval. D. Submit exterior building material samples and colors for review,including service bay door color to match the building. 4. The following waivers have been granted through the PUD: A. Lot size of 1.05 acres in the Community Commercial zoning district. Code requires a minimum lot size of 5 acres. B. Lot width of 193 feet and lot depth of 238 feet in the Community Commercial zoning district. Code requires a minimum lot width and depth of 300 feet. it 'tti...... = • 42 . • • r \• � � .4ZTEC . . ) .t`rify ` OS : •rti / All' a f ' f''' % 124 AO / b .. g Monuniela— '-'--- • Sign •• .4 r 71 7 1 • % I ' d ' ."-1-.di • j 1 I I . I /i - . • • in • . • / / rigilli. u i % ht Pote . . "to/ j ; o - • i • fa r. / lo.w. ... . • a1or / . _ W0,<..... . .•• ,, -gDi miiimrii k - - ' - .................._/..... .4 • :I.ii..,.t. l.e.1...,. • w• • •.. U ,.� .. ....,...... �/ I1 ,rTraah End■• _ �l►'a 1 i light Pole .• ill`. 1 ._ .:. ;•1 ' ( iI • t , ) I : ,.-Building Setback. • - r fil inglba 111) • s NI- -` L� rat _` i ` Wi I ,.-Bituminous Edge • CLOUD DRIVE • rUS HWY NO 212) I - Community Planning Board Minutes August 13,2001 Page 6 • C. EDEN PRAIRIE AUTO CENTER by Westbrook Development Request for Guide Plan Change from Neighborhood Commercial to Community Commercial on 1.05 acres, Planned Unit Development Concept Amendment on 1.05 acres, Planned Unit Development District Review on 1.05 acres, Zoning District Change from Rural to Community Commercial on 1.05 acres, Site Plan Review on 1.05 acres, and Preliminary Plat on 1.05 acres into 1 lot. Location: West of Aztec Drive and east of TH 212. The public hearing opened at 8:15 p.m. Kipp said staff recommends approval. Greg Wats from Westbrook Development introduced Neil Weber of Weber architects. They are proposing a 5,900 square feet auto center. This plan was submitted eight months ago with a different developer. Staff comments were incorporated and there is a new developer. The plan meets the ordinance as far as caliper inches, but they will revise the plan according to the staff report to screen the service bay doors. There have been discussions with Gehring regarding use of existing ponding. He showed elevations and materials. It will blend with surrounding buildings. Brooks asked whether tenants were known at this time. Wats stated a number of tenants were interested;none were signed up as yet. Corneille asked about the aggregate lot size. Kipp stated all three properties adjacent to each would be approximately six acres within the Community Commercial district. Motion by Brooks, second by Nelson to close the public hearing. Motion carried, 7-0. The public hearing closed at 8:24 p.m. Motion by Brooks, second by Nelson to approve Eden Prairie Auto Center by Westbrook Development Request for Guide Plan Change from Neighborhood Commercial to Community Commercial on 1.05 acres, Planned Unit Development Concept Amendment on 1.05 acres, Planned Unit Development District Review on 1.05 acres, Zoning District Change from Rural to Community Commercial on 1.05 acres, Site Plan Review on 1.05 acres, and Preliminary Plat on 1.05 acres into 1 lot. Location: West of Aztec Drive and east of TH 212. Motion carried, 7-0. �3 CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims September 4, 2001 SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development and Payment of Claims II Financial Services/Don Uram . Requested Action Move to: Approve the Payment of Claims as submitted(roll call vote) Synopsis Checks 102914-103341 Background Information Attachments I City of Eden Prairie Council Check Summary 9/4/2001 Division Amount General 21,898 101 Legislative 203 102 Legal Counsel 53,723 110 City Clerk 1,430 111 Customer Service 17,963 112 Human Resources 1,010 113 Communication Services 1,985 114 Benefits&Training 42,430 115 Risk Management 268 116 Facilities 14,399 117 City Center 769 130 Assessing 154 131 Finance 3 132 Housing Trans Social Service 5,625 133 Community Development 173 134 Heritage Preservation 107 135 Information Technology 32,432 136 Wireless Communication 4,943 150 Park Administration 120 151 Park Maintenance 22,644 153 Athletic Programs 3,138 154 Community Center 32,635 155 Beaches 781 156 Youth Programs 4,270 157 Special Events 1,260 158 Senior Center 3,897 159 Recreation Administration 8 160 Adaptive Recreation 906 161 Oak Point Pool 160 162 Arts 1,589 163 Park Facilities 1,261 180 Police 21,828 183 Civil Defense 63 184 Fire 2,432 185 Animal Control 660 186 Inspections 428 200 Engineering 3,008 201 Street Maintenance 55,912 202 Street Lighting 65,172 203 Fleet Services 20,400 204 Equipment Revolving 5,691 301 CDBG 16,537 302 HRA Fund 100 303 Cemetary Operation 7 312 Recycle Rebate 23,614 314 Liquor Compliance 275 502 Park Development 1,863 503 Utility Improvement 24,245 506 Improvment Bonds 1996 75,890 509 CIP Fund 23,025 511 Construction Fund 9,229 601 Prairie Village Liquor 73,675 602 Den Road Liquor 112,361 603 Prairie View Liquor 56,493 701 Water Fund 181,456 702 Sewer Fund 201,211 703 Storm Drainage Fund 28,163 803 Escrow Fund 300 806 SAC Agency Fund 43,700 Grand Total 1,319,922 City of Eden Prairie Council Check Register 9/4/2001 Check# Amount Vendor Account Description Business Unit 102914 175 ARMA INTERNATIONAL INC. Dues&Subscriptions In Service Training 102915 8 ARVOLD KATIE Recreation Supplies Youth Programs Administration • 102916 77 BARTEL JILL ANNE Other Contracted Services Teen Work Program\ 102917 129 BISHOFF DANIEL DIEGO Other Contracted Services . Teen Work Program\ 102918 60 CAMPOS LORI Recreation Supplies Youth Programs Administration 102919 100 CARS Hope Loan Receivable Hope Loan Auto Repair 102920 75 CHILDERS LEAH ELIZABETH Other Contracted Services Teen Work Program\ 102921 204 DODGE KRISTIN Other Contracted Services Accessibility 102922 473 EDEN PRAIRIE LANES Special Event Fees Afternoon Adventure 102923 140 ESTEP SHARI Other Contracted Services Accessibility 102924 40 FREY TERRI GEIGER Instructor Service Outdoor Center 102925 75 GRABER MATT Instructor Service Outdoor Center 102926 54 HILDEBRANT SARAH Other Contracted Services Teen Work Program\ 102927 140 HOLTE MARY Other Contracted Services Accessibility 102928 6,705 HONEYWELL INC. Other Contracted Services Water Treatment Plant 102929 300 HORSTMAN BRAD Other Contracted Services Camps 102930 3,125 INDEPENDENT SCHOOL DIST NO.27 Other Contracted Services Housing Trans&Human Sery 102931 26 KISTNER BRIAN T. Other Contracted Services Teen Work Program\ 102932 492 LARSON-WAUGH SUSAN Other Contracted Services 2000 Rehab 102933 1,500 LEAGUE OF MINNESOTA CITIES Workers Comp Insurance Employee Benefits 102934 122 LINDAHL ASHLEY I. Other Contracted Services Teen Work Program\ 102935 196 MAROTTA VIC Instructor Service Summer Skill Development 102936 500 MCLAIN JB Other Contracted Services Staring Lake Concert 102937 705 MYHRE JOYCE Wages No Benefits Elections 102938 75 NEWTON J.RANDALL Travel Expense In Service Training 102939 121 O'BRIEN THEA M. Other Contracted Services Teen Work Program\ 102940 157 ROBINSON NATHAN A. Other Contracted Services Teen Work Program\ 102941 96 SCHAITBERGER CHUCK Operating Supplies Fire 102942 190 SHEA CHRIS Other Contracted Services Teen Work Program\ 102943 4,675 STEINKRAUS PLUMBING INC Other Contracted Services 2000 Rehab 102944 2,670 US POSTMASTER-HOPKINS Postage Community Brochure 102945 725 WILLIAMS EUGENIA T. Wages No Benefits Elections 102946 400 WOODDALE CHURCH Other Contracted Services Staring Lake Concert 102947 221 ABM EQUIPMENT AND SUPPLY COMPA Equipment Parts Fleet Services 102948 215 ALL STAR CONSTRUCTION Building Permits General Fund 102949 8 ALLIED FIRESIDE Mechanical Permits General Fund 102950 114 AMEK CONSTRUCTION Building Permits General Fund 102951 104 AVANTI PETROLEUM INC Cigarette Licenses General Fund 102952 575 BACHMANS CREDIT DEPT Landscape Materials/Supp Park Maintenance 102953 153 BAGELMAN'S NEW YORK BAKERY Miscellaneous General Facilities 102954 105 BOOSALIS DAVID PETER Other Contracted Services Liquor Compliance 102955 50 CARDARELLE DAWN Other Contracted Services Accessibility 102956 300 CARVER COUNTY SHERIFF'S DEPT. Deposits Escrow 102957 3,305 CLIFF CORPORATION Liquor Licenses General Fund 102958 143 CON CONSTRUCTION Building Permits General Fund 102959 65 EGLSEDER JANE Program Fee Camps 102960 26 EXPRESS MESSENGER SYSTEMS INC Postage General 102961 12 GARTON RAPHAELA Program Fee Special Events&Trips 102962 57 GEORGANTONES DESPIE Program Fee Summer Skill Development 102963 143 GLENWOOD INGLEWOOD Operating Supplies Fitness Center 102964 16 GR MECHANICAL INC Plumbing Permits General Fund 102965 685 HENNEPIN COUNTY Waste Disposal Park Maintenance 102966 85 HENNEPIN COUNTY TREASURER Waste Disposal Park Maintenance 102967 28 KLENNER KIMBERLY Plumbing Permits General Fund 102968 50 LAWLER KURT Refunds Environmental Education 102969 94 LINDQUIST KELLY Other Contracted Services Pool Lessons 102970 100 MCCORKELL JUDY Refunds Environmental Education 102971 33 MCGINTY-VANSICKLE PATTI Tuition Reimbursement/School Police 102972 185 MEDICINE LAKE TOURS Special Event Fees Adult Program 102973 43,241 METROPOLITAN COUNCIL Due to Other Governments SAC Agency Fund 102974 120 MILBRANDT TOM Other Contracted Services Liquor Compliance 102975 1,570 MINNEAPOLIS COMM AND TECH COLL Tuition Reimbursement/School Police 102976 195 MINNESOTA CLE Tuition Reimbursement/School Police 102977 5 MINNESOTA SECRETARY OF STATE Operating Supplies Fire 102978 270 MINNESOTA STATE FIRE CHIEFS AS Conference Expense Fire 102979 6,257 MINNESOTA STATE TREASURER Building Surcharge General Fund 3 City of Eden Prairie Council Check Register 9/4/2001 Check# Amount Vendor Account Description Business Unit 102980 896 MINNESOTA VALLEY ELECTRIC COOP Electric Street Lighting 102981 855 PORTER OMER T Instructor Service Fitness Classes 102982 3,000 POSTAGE BY PHONE RESERVE ACCOU Postage General 102983 75 PRESERVATION ALLIANCE OF MINNE Dues&Subscriptions Heritage Preservation 102985 6,442 QWEST Telephone Police 102986 1,159 Qwest COMMUNICATIONS Pager&Cell Phone Police 102987 100 SECK FLORENCE Refunds Environmental Education 102988 240 SHAVLIE JILL Fac.Rental-P&R Ice Arena 102989 3 STAR TRIBUNE Misc Non-Taxable Prairie View Liquor Store 102990 225 STATE MECHANICAL INC Plumbing Permits General Fund 102991 50 STATE OF MINNESOTA OFFICE OF A Legal Liquor Compliance 102992 420 VERIZON WIRELESS BELLEVUE Pager&Cell Phone Street Maintenance 102993 127 WASTE MANAGEMENT-SAVAGE MN Waste Disposal Den Road Liquor Store 102994 72 WESTACOTT JOEL Video&Photo Supplies Human Resources 102995 228 ACE ICE COMPANY Misc Taxable Prairie View Liquor Store 102996 574 ALL SAINTS BRANDS DISTRIBUTING Beer Prairie Village Liquor Store 102997 99 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Prairie View Liquor Store 102998 2,420 BELLBOY CORPORATION Liquor Den Road Liquor Store 102999 7,880 DAY DISTRIBUTING Beer Den Road Liquor Store 103001 2,547 EAGLE WINE COMPANY Wine Imported Den Road Liquor Store 103002 13,808 EAST SIDE BEVERAGE COMPANY Beer Den Road Liquor Store 103003 570 GETTMAN COMPANY Misc Taxable Den Road Liquor Store 103004 561 GRAPE BEGINNINGS Wine Domestic Prairie View Liquor Store 103007 17,960 GRIGGS COOPER&CO Liquor Den Road Liquor Store 103011 24,725 JOHNSON BROTHERS LIQUOR CO Liquor Prairie Village Liquor Store 103012 2,131 LAKE REGION VENDING Tobacco Products Den Road Liquor Store 103013 8,347 MARK VII Beer Den Road Liquor Store 103014 702 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store 103015 599 NORTH STAR ICE Misc Taxable Prairie Village Liquor Store 103016 881 PAUSTIS&SONS COMPANY Wine Imported Den Road Liquor Store 103017 457 PEPSI COLA COMPANY Merchandise for Resale Concessions 103019 11,377 PHILLIPS WINE AND SPIRITS INC Wine Domestic Prairie Village Liquor Store 103020 428 PINNACLE DISTRIBUTING Tobacco Products Den Road Liquor Store 103021 4,445 PRIOR WINE COMPANY Wine Imported Den Road Liquor Store 103022 7,151 QUALITY WINE&SPIRTS CO Liquor Den Road Liquor Store 103023 26,823 THORPE DISTRIBUTING Beer Den Road Liquor Store 103024 84 WINE MERCHANTS INC Wine Domestic Den Road Liquor Store 103025 18 AT&T Telephone General 103026 130 BEY DELECIA Other Contracted Services Arts Camp 103027 23,614 BFI WASTE SYSTEMS OF NORTH AME Other Contracted Services Recycle Rebate 103028 40 BOLD PAULINE Instructor Service Outdoor Center 103029 29 CULLIGAN WATER Operating Supplies Fire 103030 5 DINGLEY DIANE Program Fee Outdoor Center 103031 17 DISH NETWORK Cable TV Ice Arena 103032 123 FIRE ENGINEERING MAGAZINE Dues&Subscriptions Fire 103033 46 FREY LYNDELL Miscellaneous Community Center Admin 103034 10 INTERNATIONAL CHECK SERVICES I Other Contracted Services Prairie Village Liquor Store 103035 70 JERGENS SEAN Mileage&Parking Environmental Education 103037 28 LOFRANO TAMMY Tuition Reimbursement/School Fitness Classes 103038 45 MANN VALERIE Program Fee Outdoor Center 103039 123 MCCABE CHARLES Adult Non-Resident Community Center Admin 103040 130 MCCORMICK CAROL Other Contracted Services Arts Camp 103041 23,475 MCF-LINO LAKES Other Contracted Services Street Maintenance 103042 2,359 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund 103043 40 MINNESOTA COMMERCE DEPARTMENT Licenses&Taxes General 103044 12,222 MINNESOTA VALLEY ELECTRIC COOP Other Contracted Services Street Lighting 103045 90 MOORE LISA Program Fee Activity Camp 103046 120 MRPA Conference Expense In Service Training 103047 400 OTTERNESS RON Instructor Service Outdoor Center 103048 21 PAVEK MUSEUM Special Event Fees Senior Center Program 103049 671 PEPSI COLA COMPANY Merchandise for Resale Concessions 103050 32 PETERSON-BENIKE LORI Printing Heritage Preservation 103051 345 PETTY CASH Office Supplies Adaptive Recreation 103052 53 POWERS MICHAEL Small Tools Fire 103053 106 QUICKSILVER EXPRESS COURIER Postage General 103054 100 REGELLO DEBRA Refunds Environmental Education City of Eden Prairie Council Check Register 9/4/2001 Check# Amount Vendor Account Description Business Unit 103056 8,427 S/L NATIONAL CORP Building Permits General Fund 103057 120 SENSIBLE LAND USE COALITION Miscellaneous In Service Training 103058 320 UNIVERSITY OF MINNESOTA Conference Expense In Service Training 103059 168 WASTE MANAGEMENT-SAVAGE MN Waste Disposal Prairie Village Liquor Store 103060 130 YAEGER CHRISTOPHER Other Contracted Services Arts Camp 103061 41 AMERICAN BUILDING CONTRACTORS Cash Over/Short General Fund 103062 2,570 ARCH PAGING Pager&Cell Phone Wireless Communication 103063 669 C&J TRAVEL INC Travel Expense Police 103064 22 EDEN PRAIRIE CHAMBER OF COMMER Miscellaneous Golden Triange Study 103065 15,990 ESS BROTHERS&SONS INC* Repair&Maint.Supplies Sewer System Maintenance 103066 108 FEDEX Postage General 103067 95 FRIEDRICHS MIKE Other Contracted Services Teen Work Program\ 103068 133 GENUINE PARTS COMPANY Small Tools Sewer System Maintenance 103069 21 GENZ RYAN PLUMBING&HEATING Plumbing Permits General Fund 103070 57 GILLITZER BRENDA Program Fee Athletics 103071 85 HILDEBRANT SARAH Other Contracted Services Teen Work Program\ 103072 75 IAFCI Tuition Reimbursement/School Police 103073 55 ICE SKATING INSTITUTE Dues&Subscriptions Ice Arena 103074 1,364 INTERNATIONAL UNION OF OPERATI Union Dues Withheld General Fund 103075 93 KEHWALD KAMIE Operating Supplies Drama Camp 103076 18 KISTNER BRIAN T. Other Contracted Services Teen Work Program\ 103077 38,894 LEAGUE OF MINNESOTA CITIES Workers Comp Insurance Employee Benefits 103078 158 LIMBERG KRISTY Printing Summer Theatre 103079 53 LINDGREN JIM Clothing&Uniforms Police 103080 1,327 MINNEGASCO Gas Water Treatment Plant 103081 40 NORTHRIDGE PLUMBING Cash Over/Short General Fund 103082 155 O'BRIEN COLLIN L. Other Contracted Services Teen Work Program\ 103083 85 O'BRIEN THEA M. Other Contracted Services Teen Work Program\ 103084 95 QWEST CLAIMS Other Contracted Services Sewer Liftstation 103085 73 RANDOLPH MACKENZIE L. Other Contracted Services Teen Work Program\ 103086 55 RASMUSSEN LISA Mileage&Parking Afternoon Playground 103087 531 REBS MARKETING Other Contracted Services Water Accounting • 103088 6,992 RELIANT ENERGY RETAIL INC. Gas Maintenance 103089 8 RIVER CITY SHEET METAL Mechanical Permits General Fund 103090 73 ROBINSON NATHAN A. Other Contracted Services Teen Work Program\ 103091 203 SOUTHWEST METRO TRANSIT Transportation City Council 103092 110 STENSGAARD STEVE Awards Horseshoes 103093 78 STRICHARCHUKALEISA R. Other Contracted Services Teen Work Program\ 103094 255 TORKELSON MARILYNN Program Fee Outdoor Center 103095 391 TREIBER PAULA Printing Summer Theatre 103096 395 VERIZON WIRELESS BELLEVUE Pager&Cell Phone Police 103097 403 WYFFELS BILL Clothing&Uniforms Police 103098 12,705 XCEL ENERGY Electric Water Treatment Plant 103099 73 YOUNGHANS NEAL Other Contracted Services Teen Work Program\ 103100 315 ASPEN WASTE SYSTEMS INC. Waste Disposal Maintenance 103101 67 AT&T Telephone Water Treatment Plant 103102 40 BOLD PAULINE Instructor Service Outdoor Center 103103 179 DARTNELL CORPORATION THE Dues&Subscriptions Water Utility-General 103104 607 DMX/MINNEAPOLIS Capital Under$2000 Prairie View Liquor Store 103105 2,872 GARTNER REFRIGERATION&MFG IN Equipment Repair&Maint Ice Arena 103106 389 GE CAPITAL Other Rentals General 103107 624 GOPHER STATE ONE-CALL INC Other Contracted Services Sewer System Maintenance 103108 321 GRABER MATT Instructor Service Outdoor Center 103109 291 HENNEPIN COUNTY I/T DEPT Software Maintenance Information Technology 103110 40 HIGH TECHNOLOGY CRIME INVESTIG Dues&Subscriptions Police 103111 141 HOME DEPOT/GECF Operating Supplies General Facilities 103112 37,704 LANG PAULY GREGERSON AND ROSOW Legal Legal Criminal Procecution 103113 173,665 METROPOLITAN COUNCIL ENVIRONME Waste Disposal Sewer Utility-General 103114 40 MILLER LOUISE Instructor Service Outdoor Center 103115 40 MINNESOTA COMMERCE DEPARTMENT Licenses&Taxes General 103116 6,106 PRAIRIE PARTNERS SIX LLP Building Rental Prairie Village Liquor Store 103117 113 QWEST Telephone Fire 103118 40 TELEPHONE ANSWERING CENTER INC Other Contracted Services Water Treatment Plant 103119 12 TIME WARNER CABLE Cable TV Communication Services 103120 79 UNIVERSITY OF ST.THOMAS Conference Expense In Service Training 103121 54 WEEDMAN NICOLE Recreation Supplies Youth Programs Administration 3 City of Eden Prairie Council Check Register 9/4/2001 Check# Amount Vendor Account Description Business Unit 103122 171,472 XCEL ENERGY Electric Street Lighting 103123 43 ACE ICE COMPANY Misc Taxable Prairie View Liquor Store 103124 481 ALL SAINTS BRANDS DISTRIBUTING Beer Den Road Liquor Store 103125 44 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Den Road Liquor Store 103126 1,600 BELLBOY CORPORATION Liquor Den Road Liquor Store 103127 3,322 DAY DISTRIBUTING Beer Prairie Village Liquor Store 103128 13,139 EAST SIDE BEVERAGE COMPANY Beer Den Road Liquor Store 103129 256 EXTREME BEVERAGE Misc Taxable Prairie View Liquor Store 103130 243 GRAND PERE WINES INC Wine Domestic Den Road Liquor Store 103131 122 GRAPE BEGINNINGS Wine Domestic Den Road Liquor Store 103132 1,207 GRIGGS COOPER&CO Liquor Den Road Liquor Store 103135 14,880 JOHNSON BROTHERS LIQUOR CO Liquor Den Road Liquor Store 103136 1,969 LAKE REGION VENDING Tobacco Products Den Road Liquor Store 103138 11,837 MARK VII Beer Den Road Liquor Store 103139 696 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store 103140 798 NORTH STAR ICE Misc Taxable Den Road Liquor Store 103141 205 PEPSI COLA COMPANY Misc Taxable Den Road Liquor Store 103143 12,129 PHILLIPS WINE AND SPIRITS INC Wine Domestic Den Road Liquor Store 103144 856 PINNACLE DISTRIBUTING Operating Supplies Den Road Liquor Store 103145 1,609 PRIOR WINE COMPANY Wine Domestic Prairie View Liquor Store 103147 14,195 QUALITY WINE&SPIRTS CO Liquor Prairie View Liquor Store 103148 12,947 THORPE DISTRIBUTING Beer Den Road Liquor Store 103149 124 VINTAGE ONE WINES INC Wine Domestic Prairie Village Liquor Store 103150 331 WINE COMPANY THE Wine Domestic Den Road Liquor Store 103151 940 WINE MERCHANTS INC Wine Domestic Prairie View Liquor Store 103152 1,498 WORLD CLASS WINES INC Wine Imported Den Road Liquor Store 103153 130 CORPORATE AUTO RENTALS INC Transportation Art&Music 103154 677 DAHLGREEN GOLF CLUB Special Event Fees Senior Center Program 103155 62 EDEN PRAIRIE CHAMBER OF COMMER Miscellaneous In Service Training 103156 15 KLEVE HTG&AC Mechanical Permits General Fund 103157 50 MINNESOTA BOARD OF ELECTRICITY Merchandise for Resale Inspections-Administration 103158 11,370 MINNESOTA WINDOW&SIDING CO Other Contracted Services 2000 Rehab 103159 15 STAR TRIBUNE Misc Non-Taxable Prairie View Liquor Store 103160 810 UNIVERSITY OF MINNESOTA Conference Expense In Service Training 103161 263 US POSTMASTER-HOPKINS Postage Senior Center Program 103162 331 ABSOLUTE RAIN INC. Other Contracted Services Fire Station#1 103163 385 ADVERTISING INCENTIVES Clothing&Uniforms Prairie Village Liquor Store 103164 12 AIM ELECTRONICS Repair&Maint.Supplies Ice Arena 103165 16,019 AKIN GUMP STRAUSS HAUER&FELD Legal Counsel Airport Legal Council 103166 456 AMERICAN WATER WORKS ASSOCIATI Training Supplies Water Utility-General 103167 956 ANCHOR PAPER COMPANY Office Supplies General 103168 1,197 ANCHOR PRINTING COMPANY Printing Taste on the Prairie 103169 280 AQUA ENGINEERING INC Other Contracted Services Sewer System Maintenance 103170 82 ARMOR SECURITY INC. Other Contracted Services Maintenance 103171 169 AUTO ELECTRIC SPECIALISTS Equipment Repair&Maint Fleet Services 103172 571 BALDWIN SUPPLY COMPANY Repair&Maint.Supplies Park Maintenance 103173 583 BAUER BUILT TIRE AND BATTERY Tires Fleet Services 103177 6,234 BIFFS INC Waste Disposal Park Maintenance 103178 191 BLOOMINGTON CHRYSLER Equipment Parts Fleet Services 103179 520 BLOOMINGTON SECURITY SOLUTIONS Building Repair&Maint. Water Well#8 103180 660 BLOOMINGTON CITY OF Kennel Services Animal Control 103181 120 BRAUN INTERTEC CORPORATION Other Contracted Services Planning&Development 103182 536 BRYAN ROCK PRODUCTS INC Gravel Storm Drainage 103183 137 CARLSON TRACTOR AND EQUIPMENT Equipment Parts Fleet Services 103184 533 CARLSON'S TREE SERVICE Other Contracted Services Tree Removal 103185 666 CARTEGRAPH SYSTEMS INC Software Maintenance Information Technology 103186 7,000 CE LASALLE&ASSOCIATES Design&Engineering Improvement Projects 1996 103187 3,328 CEMSTONE Repair&Maint.Supplies Storm Drainage 103188 433 CHANHASSEN BUMPER TO BUMPER Equipment Parts Fleet Services 103189 7,478 CLASS SOFTWARE SOLUTIONS Software Information Technology 103190 109 CONSTRUCTION MATERIALS INC Operating Supplies Street Maintenance 103191 120 CONTROL STUFF INC. Other Contracted Services Water Utility-General 103192 1,532 CORPORATE EXPRESS Office Supplies General 103193 86 CUB FOODS EDEN PRAIRIE Operating Supplies Fire 103194 86 CUSTOM FIRE APPARATUS INC Equipment Parts Fleet Services 103195 14,653 CUTLER-MAGNER COMPANY Chemicals Water Treatment Plant 6 City of Eden Prairie Council Check Register 9/4/2001 Check# Amount Vendor Account Description Business Unit 103196 3,940 CY'S UNIFORMS Clothing&Uniforms Police 103197 96 DALE GREEN COMPANY THE Landscape Materials/Supp Street Maintenance 103198 708 DANKO EMERGENCY EQUIPMENT CO Protective Clothing Fire 103199 286 DECORATIVE DESIGNS INC Other Contracted Services Water Treatment Plant 103200 6,171 DELL MARKETING L.P. Computers Information Technology 103201 485 DNR SCREEN PRINTING INC. Clothing&Uniforms Volleyball 103203 224 DRISKILLS NEW MARKET Operating Supplies Day Camp 103204 418 EARL F ANDERSEN INC Signs Traffic Signs 103205 1,801 EF JOHNSON Equipment Repair&Maint Wireless Communication 103206 32 ENVIRONMENTAL EQUIPMENT&SERV Equipment Parts Fleet Services 103207 3,726 ESCHELON TELECOM INC Telephone General 103208 3,419 ESS BROTHERS&SONS INC* Repair&Maint.Supplies Sewer System Maintenance 103209 769 FACILITY SYSTEMS INC Other Contracted Services City Center Operations 103210 326 FERRELLGAS Motor Fuels Ice Arena 103211 367 G&K SERVICES DIRECT PURCHASE Clothing&Uniforms Water Utility-General 103212 92 G&K SERVICES-MPLS INDUSTRIAL Other Contracted Services Park Maintenance 103213 2,454 GENERAL REPAIR SERVICE Equipment Parts Water Treatment Plant 103214 74 GINA MARIAS INC Miscellaneous Fire 103215 1,260 GRAYBOW COMMUNICATIONS GROUP Capital Under$2000 Communication Services 103216 16,895 HANSEN THORP PELLINEN OLSON Design&Engineering Storm Drainage Projects 103217 245 HARMON AUTOGLASS Equipment Repair&Maint Fleet Services 103218 5,370 HAWKINS WATER TREATMENT GROUP Chemicals Water Treatment Plant 103219 639 HAYDEN-MURPHY EQUIPMENT COMPAN Other Rentals Street Maintenance 103220 268 HELSENE CO. Other Contracted Services Prairie Village Liquor Store 103221 173 HENNEPIN COUNTY TREASURER Operating Supplies Community Development 103222 1,048 HIRSHFIELDS PAINT MANUFACTURIN Operating Supplies Park Maintenance 103223 526 HUDSON MAP COMPANY Operating Supplies Police 103224 200 HUFFMAN JIM Other Contracted Services Storm Drainage 103225 488 HUMAN SERVICES-EMSOCS Other Contracted Services Park Maintenance 103226 998 HYDROLOGIC Repair&Maint.Supplies Park Maintenance 103227 728 ICI DULUX PAINT CTRS Repair&Maint.Supplies Water System Maintenance 103228 1,248 INFRATECH Other Contracted Services Sewer System Maintenance 103229 1,228 INGRAHAM&ASSOC Other Contracted Services Park Acquisition&Development 103230 3,400 INSPEC INC. Building Capital Impr./Maint.Fund 103231 378 INTER-TEL TECHNOLOGIES INC. Other Contracted Services General 103232 1,510 JANEX INC Cleaning Supplies General Facilities 103233 11,853 KENNAMETAL INC Small Tools Fleet Services 103234 5,691 KONTRON MOBILE COMPUTING Machinery&Equipment Public Safety 103235 137 KRAEMERS HARDWARE INC Operating Supplies Park Maintenance 103236 54 LAB SAFETY SUPPLY INC Protective Clothing Water System Maintenance 103237 1,035 LAKELAND FORD TRUCK SALES Equipment Parts Fleet Services 103238 832 LAMETTRYS COLLISION Equipment Repair&Maint Fleet Services 103239 1,072 LANDS END CORPORATE SALES Clothing&Uniforms Police 103240 2,130 LANO EQUIPMENT INC Other Rentals Storm Drainage 103241 2,338 LARKIN HOFFMAN DALY&LINDGREN Legal Construction Fund 103242 240 LESCO INC Chemicals Park Maintenance 103243 118 LINHOFF PHOTO&DIGITAL IMAGIN Video&Photo Supplies July 4th Celebration 103244 20,230 LOGIS LOGIS Information Technology 103245 150 M AMUNDSON Operating Supplies Oak Point Lessons 103246 36 MACQUEEN EQUIPMENT INC Equipment Parts Fleet Services 103247 15,010 MAGNEY CONSTRUCTION INC Improvement Contracts Utility Improvement Fund 103248 737 MARINE RESCUE PRODUCTS INC Operating Supplies Round Lake Beach 103249 303 MATEJCEKS Equipment Parts Fleet Services 103250 933 MEMINDEX Operating Supplies Community CenterAdmin 103252 2,403 MENARDS Building Repair&Maint. Water Treatment Plant 103253 275 MERSC Dues&Subscriptions In Service Training 103254 18,924 METRO CONCRETE RAISING INC Seal Coating Street Maintenance 103255 6,144 METRO SALES INCORPORATED* Other Contracted Services General 103256 1,350 METROPOLITAN AREA PROMOTIONS C Printing Communication Services 103257 548 METROPOLITAN FORD Equipment Repair&Maint Fleet Services 103258 4,556 MIDWEST ASPHALT CORPORATION Seal Coating Street Maintenance 103259 201 MIDWEST TELETRON INC. Operating Supplies Wireless Communication 103260 1,349 MINNESOTA BUSINESS FORMS Office Supplies General 103261 376 MINNESOTA ROADWAYS CO Patching Asphalt Street Maintenance 103262 193 MINNESOTA TROPHIES&GIFTS Other Contracted Services Human Resources 103263 309 MINNESOTA VIKINGS FOOD SERVICE Miscellaneous General Facilities 3— City of Eden Prairie Council Check Register 9/4/2001 Check# Amount Vendor Account Description Business Unit 103264 119 MIRACLE RECREATION OF MINNESOT Repair&Maint.Supplies Riley Lake 103265 831 MTI DISTRIBUTING INC Equipment Parts Fleet Services 103266 10 MUSIC THEATRE INTERNATIONAL Operating Supplies Summer Theatre 103267 13,328 MWH AMERICAS INC Design&Engineering Storm Drainage Projects 103268 111 NATIONAL CRIME PREVENTION COUN Operating Supplies Police 103269 230 NFPA Dues&Subscriptions Fire 103270 1,664 NORTHWEST BUSINESS SYSTEMS Other Contracted Services Police 103271 30 OLSEN COMPANIES Small Tools Storm Drainage 103272 917 OUTDOOR ENVIRONMENTS INC Other Contracted Services Park Maintenance 103273 209 PAIN ENTERPRISES INC. Chemicals Pool Maintenance 103274 351 PARTEK SUPPLY INC Operating Supplies Capital Impr./Maint.Fund 103275 250 PETERSEN TAMARA Other Contracted Services Volleyball 103276 1,442 PETERSON ENVIRONMENTAL CONSULT Design&Engineering Construction Fund 103277 181 PETSMART Canine Supplies Police 103278 195 POWER PROCESS EQUIPMENT INC Repair&Maint.Supplies Storm Drainage 103279 30 PRAIRIE CYCLE&SKI Clothing&Uniforms Police 103280 180 PRAIRIE ELECTRIC COMPANY Other Contracted Services Prairie Village Liquor Store 103281 38 PRAIRIE LAWN AND GARDEN Operating Supplies Park Maintenance 103282 128 PRINTERS SERVICE INC • Other Contracted Services Ice Arena 103283 38 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Services 103284 4,459 QUALITY FLOW SYSTEMS INC Other Contracted Services Sewer Liftstation 103285 256 RAINBOW FOODS INC. Operating Supplies Cummins House Special Events 103286 1,243 RAY LEE Other Contracted Services Softball 103287 1,253 RDO FINANCIAL SERVICES CO Equipment Repair&Maint Fleet Services 103288 86 READY CARE INDUSTRIES Cleaning Supplies General Facilities 103289 377 RITZ CAMERA Software Information Technology 103290 37,194 RMR SERVICES INC Equipment Parts Water Meter Repair 103291 138 ROOT 0 MATIC Other Contracted Services Sewer System Maintenance 103292 540 ROTH BRAD Other Contracted Services Softball 103293 1,500 RUMPCA CO INC Waste Disposal Tree Removal 103294 212 SAVOIE SUPPLY CO INC Cleaning Supplies Water Treatment Plant 103295 26,731 SHORT ELLIOT HENDRICKSON INC Design&Engineering Capital Impr./Maint.Fund 103296 300 SKEESICK FORREST • Other Contracted Services Summer Skill Development 103297 143 SNAP-ON TOOLS Small Tools Fleet Services 103298 800 SNELL MECHANICAL INC Other Contracted Services Maintenance 103299 100 SOUTHWEST SALES AND RENTAL Operating Supplies Park Maintenance 103300 40 SOUTHWEST SUBURBAN PUBLISHING- Employment Advertising Human Resources 103301 510 SPECTRUM LABS INC Other Contracted Services Round Lake 103302 48,494 SRF CONSULTING GROUP INC Design&Engineering Improvement Projects 1996 103303 150 ST CROIX RECREATION CO INC Repair&Maint.Supplies Miller Park 103304 2,876 ST JOSEPH EQUIPMENT INC Other Rentals Street Maintenance 103305 236 STERICYCLE INC Waste Disposal General Facilities 103306 2,500 STOREFRONT GROUP THE Other Contracted Services Housing Trans&Human Sery 103307 3,778 STREICHERS Training Supplies Police 103308 384 SUBURBAN CHEVROLET GEO Equipment Parts Fleet Services 103309 90 SUBURBAN PROPANE Motor Fuels Fleet Services 103310 9,528 SUMMIT ENVIROSOLUTIONS Other Contracted Services Utility Improvement Fund 103311 153 SUN NEWSPAPERS Employment Advertising Human Resources 103312 397 SUPERIOR PRODUCTS MFG CO Operating Supplies Prairie Village Liquor Store 103313 125 SWEDLUNDS Waste Disposal Outdoor Center 103314 461 SWEETWATER MUSIC TECHNOLOGY DI Equipment Repair&Maint Police 103315 2,108 SYSTEM CONTROL SERVICES Other Contracted Services Water Treatment Plant 103316 117 TAB PRODUCTS CO Office Supplies Inspections-Administration 103317 826 TESSMAN SEED CO Chemicals Park Maintenance 103318 6,728 TIM'S TOWER SERVICE INC. Other Assets Capital Impr./Maint.Fund 103319 1,164 TIMBERWALL LANDSCAPING INC Building Materials Preserve Park 103320 510 TIMM KEVIN Other Contracted Services Softball 103321 1,767 TRACY/TRIPP FUELS Motor Fuels Water Treatment Plant 103322 29 TRI-STAR INSULATION CO Building Repair&Maint. Water Treatment Plant 103323 107 TRIARCO Recreation Supplies Youth Programs Administration 103324 240 TRUGREEN CHEMLAWN MTKA Other Contracted Services Water Treatment Plant 103325 129 TWIN CITY OXYGEN CO Lubricants&Additives Fleet Services 103326 527 TWIN CITY SEED CO Landscape Materials/Supp Preserve Park 103327 1,118 UNIFORMS UNLIMITED Clothing&Uniforms Police 103328 5,831 UNITED RENTALS HIGHWAY TECHNOL Contracted Striping Traffic Signs 103329 868 UNLIMITED SUPPLIES INC Equipment Parts Fleet Services `6 City of Eden Prairie Council Check Register 9/4/2001 Check# Amount Vendor Account Description Business Unit 103330 1,325 US FILTER/WATERPRO Repair&Maint.Supplies Water System Maintenance 103331 284 US OFFICE PRODUCTS Office Supplies Water Utility-General 103332 278 VOSS LIGHTING Repair&Maint.Supplies Maintenance 103333 63 VWR SCIENTIFIC PRODUCTS Operating Supplies Water Treatment Plant 103334 1,176 WATER SPECIALITY OF MN INC Chemicals Pool Maintenance 103335 892 WATSON CO INC THE Merchandise for Resale Concessions 103336 3,775 WESTSIDE OUTDOOR MAINTENANCE Other Contracted Services Improvement Projects 1996 103337 143 WESTWOOD PROFESSIONAL SERVICES Other Contracted Services Park Acquisition&Development 103338 266 WOLF CAMERA INC Video&Photo Supplies Fire 103339 1,346 WORK CONNECTION-BPARK Other Contracted Services Park Maintenance 103340 268 XPECT FIRST AID Safety Supplies Risk Management 103341 1,969 ZIEGLER INC Other Rentals Storm Drainage 1,319,922 Grand Total • CITY COUNCIL AGENDA DATE: SECTION: Petitions,Requests and Communications September 4,2001 SERVICE AREA/DIVISION: ITEM DESCRIPTION: • ITEM NO.: City Manager/ Carl J. Jullie Proposal for Flying Cloud Airport City Website .A Development Requested Action Move to: Approve the proposal by Bitstream Underground to create a Flying Cloud Airport website that will interface with the City's existing website. Synopsis The proposal from Bitstream includes design concepting, design production, database programming, project management and quality assurance for development of the airport portion of the City's website. This section of the site will serve as a centralized information hub for relevant public document data on the Flying Cloud Airport. Background As part of the City's public information efforts regarding opposition to the proposed expansion of the Flying Cloud Airport, the City's special counsel (Akin, Gump, Strauss & Hauer) has recommended adding a special section to the City's website. Attachments Proposal 74 _ _ _ ___ _ _ 1 _ ____ .rlb.. 110101011110 Project Estimate Client Name: City of Eden Prairie Project: Flying Cloud Virtual Information Center Date: 07/27/01 Project Description The City Of Eden Prairie would like to create a centralized information hub for relevant public documentation and data relative to the Flying Cloud Airport. The site will benefit from a simple,visually appealing,user-friendly interface. Two updateable database applications will be integrated for the purpose of delivering the latest news releases and a list of special events. The site will flow as follows: • i Password • Flying Cloud Protected HOME Content Admin Area • History and News and explanation Events of events.. r Archived. C • Document Downloads On a visual level Bitstream Underground will custom design clear and instructive buttons and navigational elements for the website. In addition to the navigational interface,we will create screen elements(images,patterns,colors)to accent a user's interaction with the system,enhancing their experience on an aesthetic,as well as informational level. Administrative features for maintaining the content will be created.The administrative interface will sit behind a password-protected area and use simple HTML forms to create,modify,and delete the databased information. Changes are easily implemented by non-technical personnel and are reflected on the site in real-time. Assumptions This estimate applies to a very stream-lined,straight-forward,information-driven site. Should the scope of the project change,another document will be generated. Other Considerations The development of this site is dependent upon art files and content related assets from the City of Eden Prairie. 3— , __ _ . _ ,04 _ _ ors . . „,..... �ewNw Project Estimate Client Name: City of Eden Prairie Project: Flying Cloud Virtual Information Center Date: 07/27/01 Estimate Design Concepting $1800 Design Production $2500 Database Programming $8500 Project Management $650 Quality Assurance $650 Total Development Costs $14,100 All work is billed at the standard rate of$150. b r1"'�F f '1.H 2"'21,e{�, x J±'v ; :. 1 �i y.: * s-.t t 41-',i X� �1:i�4' •f.-,1, t BitstreanrUndergraund;.LL :� ; Ci.�ei t'Si'gpature;. �'jc(-0.5',•- ' ' Signatures a r1. ' . ~ .. ,� = n . its ' ` a ° 4.�i 1_ *r� 4, q ; , •��1� °D17.7; a ' '''` a --- I m 44 s iittt ; y { tn xs x�+ 7 1 i da �✓ c ' AI y - {- I rr} arK fi - t rtir ' ! E ' , -i , .. f -,Yt :: r. . - , 3 MEMORANDUM To: Mayor and City Council 0 From: Donald R.Uram,Director of Community Development and Financial Services Date: August 31, 2001 111111.111111 Eden Prairie a Subject: 2002 Levy Limits At the August 7 City Council Workshop, staff indicated that they would present the detailed levy limit calculation and the impact on the 2002 proposed budget once it was received. This number was received on August 24. Currently,the 2002 proposed budget totals $30,676,389. This number included a general property tax levy of$21,398,033, a 6%increase over the 2000 property tax levy. The 2002 property tax levy was estimated using the historical levy limit cap. The new State-authorized levy limit totals $22,753,367. The difference between staff estimate and the State-authorized levy limit is$1,355,334. Using a 95%collection rate,the City's budget could be increased by $1,287,567. There are two-primary reasons for the differences between staffs estimate and the actual calculation. 1. The State-authorized levy limit calculation is based on a two-year Implicit Price Deflator (IPD) of 7.6% as compared to the previous two-year IPD of 4%. 2. The rate of growth in households increased from 6.6%to 8.8%. These numbers,in addition to a two-year rate of increase in new C/I construction of 1.3%,were used to calculate the levy limit. Considering the amount of unfunded Capital Improvements, staff recommends that the Council: 1. Levy the State-authorized amount and certify the preliminary levy at the September 18 Council Meeting. 2. Designate the additional$1.2 million for transfer to the Capital Improvement Program. The final levy amount certified by the City Council in December can be revised if necessary based on the impact on the median-value home. The overall impact on the median-value home will not be known until the County and School District complete their processes sometime in October. CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION 2001-140 A RESOLUTION ADOPTING THE CITY'S PROPOSED 2002 PROPERTY TAX LEVIES AND ACCEPTING A PROPOSED BUDGET FOR GENERAL OPERATIONS AND TAX-SUPPORTED OBLIGATIONS FOR 2002 WHEREAS,the City Council of the City of Eden Prairie has reviewed the City Manager's recommended 2002 budget and tax levies; and WHEREAS,the City Council has decided to accept these recommendations at this time. NOW, THEREFORE,BE IT RESOLVED,that the City Council: 1. Establishes the following proposed taxes on real and personal property within the City of Eden Prairie for the 2002 budget. Levy on Tax Capacity $25,029,367 Levy on Market Value 611,000 Total LEVY $25,640,367 The proposed total Levy may not be exceeded when the City Council sets the fmal tax levy for 2002. 2. Accepts the 2002 proposed levy of$25,640,367 and proposed budget totaling $31,963,956 at this time. ADOPTED by the City Council on September 4, 2001. Jean L.Harris, Mayor ATTEST: Kathleen Porta, City Clerk