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City Council - 06/18/2002
AGENDA EDEN PRAIRIE CITY COUNCIL WORKSHOP/FORUM TUESDAY,JUNE 18,2002 CITY CENTER 5:00- 6:25 PM,HERITAGE ROOM II 6:30—7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher,Ron Case,David Luse and Jan Mosman CITY STAFF: City Manager Scott Neal,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, City Attorney Ric Rosow, and Recorder Lorene McWaters Heritage Room II I. CALL MEETING TO ORDER II. APPROVAL OF AGENDA III. PRELIMINARY BUDGET DISCUSSION IV. OTHER TOPICS Council Chamber V. OPEN FORUM (Scheduled participants, 6:30-6:50 p.m.) VI. OPEN PODIUM(Unscheduled participants, 6:50-7:00 p.m.) VII. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL TUESDAY,JUNE 18,2002 7:00 PM,CITY CENTER Council Chamber' 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher,Ron Case, David Luse and Jan Mosman CITY STAFF: City Manager Scott Neal, Parks &Recreation Services Director Bob Lambert, Public Works Services Director Eugene Dietz, Community Development and Financial Services Director Don Uram,City Planner Michael Franzen, City Attorney Ric Rosow and Council Recorder Theresa Brundage I. ROLL CALL/CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS V. MINUTES A. CITY COUNCIL MEETING,TUESDAY,MAY 21,2002 B. CITY COUNCIL FORUM,TUESDAY,JUNE 4,2002 C. CITY COUNCIL MEETING,TUESDAY,JUNE 4,2002 VI. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. STONEGATE by Carlston Inc. 2nd Reading for Planned Unit Development District Review with waivers on 28.82 acres and Zoning District Change from Rural to R1-13.5 on 26.62 acres. Location: South of Pioneer Trail west of Stable Path(Ordinance for PUD District Review and Zoning District Change) C. HENNEPIN COUNTY LIBRARY by Hennepin County. 2nd Reading for Planned Unit Development District Review on 6.12 acres, Zoning District Amendment within Commercial Regional Service Zoning District on 6.12 acres, and Site Plan Review on 6.12 acres. Location: 565 Prairie Center Drive (Ordinance for PUD District Review and Zoning District Amendment, and Resolution for Site Plan Review) CITY COUNCIL AGENDA June 18,2002 Page 2 D. ADOPT RESOLUTION APPROVING FINAL PLAT OF OAKPARKE ESTATES 5T11 ADDITION E. ADOPT RESOLUTION APPROVING FINAL PLAT OF PRAIRIE MEDICAL CENTER F. APPROVE PROFESSIONAL SERVICES AGREEMENT FOR ADDITIONAL SERVICES FOR THE CSAH 4/VALLEY VIEW ROAD PROJECT,I.C. 96-5405 G. APPROVE EXCEL ENERGY CONSTRUCTION CONTRACT FOR INSTALLATION OF STREET LIGHTS ALONG PORTIONS OF PRAIRIE CENTER DRIVE AND TECHNOLOGY DRIVE,I.C. 95-5385 H. APPROVE INSTALLATION OF AN AERATION SYSTEM WITHIN THE CONSERVATION EASEMENT FOR SHADY OAK ESTATES I. ADOPT RESOLUTION AUTHORIZING THE SECOND AMENDMENT TO THE JOINT AND COOPERATIVE AGREEMENT RELATING TO LOCAL GOVERNMENT INFORMATION SYSTEMS J. APPROVE CHANGE ORDER FOR REMOVAL AND DISPOSAL OF ABOVEGROUND IMPROVEMENTS AT THE OLD POLICE STATION K. AWARD CONTRACT TO GREAT DANE/KOLSTAD FOR THE PURCHASE OF A NEW EMERGENCY RESPONSE UNIT VEHICLE L. ADOPT RESOLUTION AUTHORIZING EXECUTION OF THE 2003 JOINT COOPERATION AGREEMENT FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)PROGRAM M. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH STS CONSULTANTS LTD.FOR 2002/2003 BOG-MONITORING PROGRAM AT BEARPATH N. APPROVE SALE OF A 1978 SUTPHEN AERIAL PLATFORM TRUCK TO THE CITY OF MINNETONKA O. AUTHORIZE ONE-YEAR LEASE EXTENSION WITH PRAIREVIEW RETAIL LLC,FOR LIQUOR STORE AT PRAIRIE VIEW MALL (RAINBOW) P. AWARD BID FOR PURCHASE AND REMOVAL OF HOUSE AT 18700 FLYING CLOUD DRIVE Q. AWARD THE CONTRACT FOR 2002 PARTIAL REROOFING AT EDEN PRAIRIE COMMUNITY CENTER TO JOHN A. DALSIN& SONS, INC. CITY COUNCIL AGENDA June 18,2002 Page 3 VII. PUBLIC HEARINGS/MEETINGS A. GUIDE PLAN UPDATE-AIRPORT ELEMENT by the City of Eden Prairie. Request for approval of the Aviation Goals,Chapter 2 and Airport Element, Chapter 6,to be included as part of the approved Guide Plan Update. (Resolution for Adopting Airport Element of the Comprehensive Guide Plan Update) (Continued from June 4,2002) B. SMITH DOUGLAS MORE HOUSE CONDITIONAL USE PERMIT by Dunn Brothers Coffee and City of Eden Prairie. Request for Planned Unit Development Concept Review on 1.7 acres,Planned Unit Development District Review with waivers on 1.7 acres,Zoning District Amendment within the Rural Zoning District on 1.7 acres, Site Plan Review on 1.7 acres,Conditional Use Permit,Heritage Preservation Site Alteration Permit. Location: 8107 Eden Prairie Road. (Resolution for PUD Concept Review and Ordinance for PUD District Review and Zoning District Amendment) VIII. PAYMENT OF CLAIMS IX. ORDINANCES AND RESOLUTIONS A. FIRST READING OF AN ORDINANCE AMENDING CITY CODE 9.04 RELATING TO RULES AND REGULATIONS GOVERNING PUBLIC PARKS B. FIRST READING OF AN ORDINANCE AMENDING CITY CODE 9.14 RELATING TO PHOSPHORUS FERTILIZER RESTRICTIONS C. SMITH DOUGLAS MORE HOUSE CONDITIONAL USE PERMIT by Dunn Brothers Coffee and City of Eden Prairie. 2nd Reading Planned Unit Development District Review with waivers on 1.7 acres, Zoning District Amendment within the Rural Zoning District on 1.7 acres, and Site Plan Review on 1.7 acres. Location: 8107 Eden Prairie Road. (Ordinance for PUD District Review and Zoning District Amendment, and Resolution for Site Plan Review) X. PETITIONS,REQUESTS AND COMMUNICATIONS XL REPORTS OF ADVISORY BOARDS &COMMISSIONS XII. APPOINTMENTS XIII. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Proposed Smoke-Free Air Ordinance B. REPORT OF CITY MANAGER CITY COUNCIL AGENDA June 18,2002 Page 4 C. REPORT OF PARKS AND RECREATION SERVICES DIRECTOR 1. Birch Island Woods Task Force Report 2. Eden Prairie Community Center and Round Lake Park,Parking Fee Structure for 2002/2003 School Year D. REPORT OF COMMUNITY DEVELOPMENT AND FINANCIAL SERVICES DIRECTOR 1. 2001 Comprehensive Annual Financial Report(CAFR) 2. City Web Site Presentation E. REPORT OF PUBLIC WORKS SERVICES DIRECTOR F. REPORT OF PUBLIC SAFETY SERVICES DIRECTOR G. REPORT OF MANAGEMENT SERVICES DIRECTOR H. REPORT OF CITY ATTORNEY XIV. OTHER BUSINESS XV. ADJOURNMENT UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY,MAY 21,2002 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher, Ron Case, David Luse, and Jan Mosman CITY STAFF: City Manager Scott Neal, Parks & Recreation Services Director Bob Lambert, Public Works Services Director Eugene Dietz, Community Development and Financial Services Director Don Uram, City Planner Michael Franzen, City Attorney Ric Rosow and Council Recorder Jan Nelson Curielli I. ROLL CALL/CALL THE MEETING TO ORDER Mayor Tyra-Lukens called the meeting to order at 7:00 p.m. All members were present. II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION Mayor Tyra-Lukens said the Council Forum has been modified as follows. Council Forum will be held the first and third Tuesday of the month from 6:30—7:00 p.m. in the Council Chamber. Please note that this portion of the meeting is off-camera. The Council Forum will consist of two parts: scheduled and unscheduled appearances. 6:30 to 6:50 p.m. is reserved for scheduled participants. If you wish to schedule time to visit with the City Council and Service Area Directors,please notify the City Manager's office(at 952-949- 8412)by noon of the meeting date with your request. The last 10 minutes of the Forum, from 6:50 to 7:00 p.m. is set aside for impromptu,unscheduled appearances by individuals or organizations that wish to speak the Council. IV. PRESENTATION OF HUMAN RIGHTS AWARD AND YOUTH SCHOLARSHIP AWARDS Tyra-Lukens introduced Harry Moran, Chair, and Phil Young,Vice Chair, of the Human Rights and Diversity Commission. Moran explained the process used by the Human Rights and Diversity Commission to select nominees and determine winners of the Human Rights Award and the Youth Scholarship Awards. Tyra-Lukens read the names of other Human Rights and Diversity Commission members and thanked Moran,Young and the other Commission members for their work. Tyra-Lukens said the goal of the Human Rights Awards is to recognize an Eden Prairie individual,non-profit organisation and business that have worked to create an inclusive community spirit through their actions,activities or programs, and demonstrate that these CITY COUNCIL MINUTES May 21,2002 Page 2 actions relate to the stated intentions of the Eden Prairie Manifesto. She noted there were no nominees for the business award for 2001. Tyra-Lukens said the award in the Non-Profit category goes to the Parents for Eden Prairie Special Education(PEPSE)that was founded about two years ago by Shelley Brown and a number of other parents of children with special needs. The group has now grown to 50 members. She said the goals of PEPSE are to advocate for improving educational services, increase community awareness, and provide support and information for parents of kids with special needs. Shelley Brown and Jim Avery accepted the award and thanked the Human Rights and Diversity Commission and the City Council for recognizing those who work in this group. Tyra-Lukens said the award in the Individual category goes to Thomas Halloran, a French and Spanish teacher at Eden Prairie High School for the past 12 years. She said Mr. Halloran has advised and coordinated the annual High School Diversity Fair since its inception in 1995.He created a Diversity Club about three years ago to help coordinate student participation in planning and sponsoring the Diversity Fair each year. Mr. Halloran accepted the award, attributing much of the success to two students at the high school. Tyra-Lukens said the winners of the 2001-2002 Dr. Jean L.Harris Human Rights Youth Scholarship award were Isabelle Chan and Joseph Hillary. She said the award is open to seniors who live in Eden Prairie and who plan to continue their education after high school. She presented both students with a certificate, noting that both of them will receive a$500 award.Both students thanked the Commission and the Council for the award. Councilmember Luse said there would be a special evening tomorrow night at Bearpath for residents to meet the new City Manager,Mr. Neal. He gave information regarding purchasing tickets for those interested in attending. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Case added item XI.C. PUBLIC MEETING ON SMOKEFREE AIR ORDINANCE MOTION: Case moved, seconded by Butcher,to approve the Agenda as published and amended. Motion carried 5-0. VI. MINUTES A. CITY COUNCIL MEETING HELD May 7, 2002 MOTION: Case moved, seconded by Luse,to approve as published the Minutes of the City Council Meeting held April 9,2002.Motion carried 5-0. VII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. THE WATERTOWER by North American Properties of Minnesota. 2nd Reading CITY COUNCIL MINUTES May 21,2002 Page 3 for Planned Unit Development District Review with waivers on 5.59 •acres and Zoning District Change from Commercial Regional Service to Community Commercial on 5.59 acres, and Site Plan Review on 5.59 acres. Location: Singletree Lane, east of Bachman's. (Ordinance 13-2002-PUD-9-2002 for PUD District Review and Zoning District Change and Resolution 2002-96 for Site Plan Review) C. ADOPT RESOLUTION NO. 2002-97 APPROVING FINAL PLAT OF MARVIN HEIGHTS D. ADOPT RESOLUTION NO. 2002-98 APPROVING SPECIAL LEGISLATION AUTHORIZING FIVE ADDITIONAL LIQUOR LICENSES E. ADOPT RESOLUTION NO. 2002-99 ESTABLISHING POLLING PLACES F. APPROVE REQUEST FOR PROPERTY TRADE WITH JOHN THOMA G. APPROVE REMOVAL OF RILEY LAKE RIDING ARENA H. APPROVE CHANGES TO EDEN PRAIRIE FIRE DEPARTMENT MANUAL I. AWARD CONTRACT FOR 2002 SEALCOAT TO PEARSON BROTHERS, I.C. 02-5562 J. AWARD CONTRACT FOR 2002 MILL AND BITUMINOUS OVERLAYS TO MIDWEST ASPHALT CORP.,I.C. 02-5569 K. ADOPT RESOLUTION NO. 2002-100 AWARDING CONTRACT FOR BRYANT LAKE DRIVE TRAIL TO DMJ CORP.,I.C. 00-5514 L. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SEH FOR CONSTRUCTION SERVICES FOR BRYANT LAKE DRIVE TRAIL,I.C. 00-5514 M. ADOPT RESOLUTION NO.2002-101 TO PETITION RILEY- PURGATORY-BLUFF CREEK WATERSHED DISTRICT FOR ROUND LAKE WATER QUALITY IMPROVEMENT PROJECT N. REJECT BID FOR PURCHASE AND REMOVAL OF STRUCTURE AT 18700 FLYING CLOUD DRIVE AND AUTHORIZE STAFF TO READVERTISE FOR BIDS O. APPROVE CHANGE ORDER NO. 125137 FOR MODIFICATIONS TO NEW MID-MOUNT AERIAL PLATFORM FIRE TRUCK MOTION:Butcher moved, seconded by Case,to approve Items A-O of the Consent Calendar.Motion carried 5-0. CITY COUNCIL MINUTES May 21,2002 Page 4 VIII. PUBLIC HEARINGS/MEETINGS A. STONEGATE by Carlston Inc. Request for Planned Unit Development Concept Review on 28.82 acres,Planned Unit Development District Review with waivers on 28.82 acres,Zoning District Change from Rural to R1-13.5 on 26.62 acres, and Preliminary Plat on 28.82 acres into 45 lots, 1 outlot, and road right-of-way. Location: South of Pioneer Trail west of Stable Path. (Resolution No. 2002-102 for PUD Concept Review, Ordinance for PUD District Review and Zoning District Change,Resolution No. 2002-103 for Preliminary Plat) Neal said official notice of this public hearing was published in the May 9, 2002,Eden Prairie News and sent to 63 property owners.He noted this project is for a 45 lot single-family development south of Pioneer Trail and west of Stable Path. The Community Planning Board first reviewed the project at its April 22,2002 meeting. The Board continued discussion on the location of proposed Street E. Street E is a public road access to the Carlson property to the north. A wetland delineation was needed to help determine the location of Street E. The Community Planning Board reviewed the wetland delineation and Street E location at the May 13, 2002 meeting. The Board approved the final location of Street E and voted 9-0 to recommend approval of the project to the City Council. Scott Carlston, the developer, said they would put a sign to indicate the street will be a through street in the future. He said they worked with City staff on some minor variances that were required. They design houses to fit on the lots as much as possible. He noted that he will be involved in the development every step of the way. Tyra-Lukens asked if Streets D and E would be stubbed in when the streets are put in. Carlston said they would be, and noted there will be a sign regarding the through street. Kathy Horsfall, 17621 Pioneer Trail, said they have had many people approach them to sell their property in the past,but they like this development because of the developer's concern about integrating the project into the neighborhood. She felt they have been treated fairly and have been kept well informed. Case noted he appreciated her comments. Cory Davidson, 18375 Pioneer Trail, said he was also selling to the developer who has been a wonderful person to deal with.He thought the developer would do a good job. MOTION: Butcher moved, seconded by Mosman, to close the Public Hearing; to adopt Resolution No. 2002-102 for Planned Unit Development Concept Review on 28.82 acres; to approve 1st Reading of the Ordinance for Planned Unit CITY COUNCIL MINUTES May 21,2002 Page 5 Development District Review on 28.82 acres and Zoning District Change from Rural to R1-13.5 on 26.62 acres; to adopt Resolution No. 2002-103 for Preliminary Plat on 28.82 acres into 45 lots, one outlot; and to direct Staff to prepare a Developer's Agreement incorporating Staff and Board recommendations and Council conditions. Motion carried 5-0. B. CITY CODE AMENDMENT-CONDITIONAL USE PERMITS FOR HISTORIC DESIGNATED PROPERTY by City of Eden Prairie.Request for City Code Amendment of Section 11.41 Conditional Use Permits,to allow for the issuance of a conditional use permit for historic designated property for office and commercial uses. (First Reading of an Ordinance Amending City Code Chapter 11.41 Conditional Use Permits) Neal said official notice of this public hearing was published in the May 9,2002, Eden Prairie News. He said this is a City Code amendment to allow conditional use permits for historic designated property in the rural zoning district for office and commercial uses to encourage preservation and revitalization of the publicly and privately owned historic properties in the community. The Community Planning Board voted 9-0 to recommend approval of the Code Amendment to the City Council at its May 13,2002 meeting. Fransen said the Heritage Preservation Commission unanimously recommended approval of the code amendment. He had provided the Council with a slightly revised version of the ordinance.He said at the top of pages 2 and 3 there was a minor change in the period of time for the conditional use permits. For historic properties it is five years, and for homes in the Major Center Area, it is three years. Case asked if the three-year limitation was a problem for Dunn Brothers.Uram replied that they have been working with Dunn Bros for some time. Due to the complexity of the lease, they have expressed concern about coming back for renewal every three years. Uram said they compromised on five years for the historic properties. There were no comments from the audience. Rosow said under Subd. 2. General Restrictions prior to the first item A,the words "Then the Council finds the following:" should be added. MOTION: Case moved, seconded by Butcher, to close the Public Hearing; and to approve 15C Reading of the Ordinance for City Code Amendment of Section 11.41, Conditional Use Permits. Motion carried 5-0. C. HERITAGE PRESERVATION SITE ALTERATION PERMIT:#2002-01- 0004 by City of Eden Prairie.Request for Approval to allow a ca. 1850's historic log building to be located at the historic Riley-Jacques farm. The log building is 5 � CITY COUNCIL MINUTES May 21,2002 Page 6 approximately 900 square feet in size. The future use of the building is for historic restoration and interpretive purposes. Location: 9100 Riley Lake Road. Neal said official notice of this public hearing was published in the May 9,2002, Eden Prairie News. He said pursuant to City Code, Section 11.05, Subd. 5,permit review,the Heritage Preservation Commission has reviewed a request for a Site Alteration permit for the Riley-Jacques Farm for relocation to that site a ca. 1850's log house. Dan Herbst,President of Pemtom Land Company,is proposing to restore the log house at his expense, after which he would give the house to the City for recreational/historical use. Lambert said the proposal was reviewed by the Parks Commission as well as the Heritage Preservation Commission. There were no comments from the audience. MOTION: Mosman moved, seconded by Luse,to close the Public Hearing and to approve Heritage Preservation Site Alteration Permit#2002-01-0004 Case said he wanted to compliment Dan Herbst on dedicating the funds for the project.He showed a picture of the house,noting that it was covered with siding before Mr.Herbst removed the siding to reveal the original log house. He said this is the last house in Eden Prairie on the south side as you go into Chanhassen. He said he recently helped lead a group of 160 sixth graders and ten parents on a bicycle tour of western Eden Prairie and were able to see the house. VOTE ON THE MOTION.Motion carried 5-0. Case said several of the parents on the bicycle tour thought we should offer the tour to adults and use it as a fund raiser for historical preservation purposes. D. GUIDE PLAN UPDATE-AIRPORT ELEMENT by the City of Eden Prairie. Request for approval of the Aviation Goals, Chapter 2 and Airport Element, Chapter 6,to be included as part of the approved Guide Plan Update. (Resolution for Adopting Airport Element of the Comprehensive Guide Plan Update) (Continued from March 19, 2002) Neal said official notice of this public hearing was published in the January 24, 2002,Eden Prairie News. The Community Planning Board voted 9-0 to recommend approval of the Airport Element to the City Council at the May 13, 2002 meeting, subject to the City Council and Metropolitan Airports Commission entering into a final agreement. The Final Agreement is not ready for Council consideration so Staff is recommending continuing the public hearing to June 4, 2002. There were no comments from the audience. 6 CITY COUNCIL MINUTES May 21,2002 Page 7 MOTION: Luse moved, seconded by Butcher, to continue the public hearing to June 4,2002. IX. PAYMENT OF CLAIMS MOTION: Case moved, seconded by Luse,to approve the Payment of Claims. The motion was approved on a roll call vote,with Butcher, Case,Luse,Mosman,and Tyra-Lukens voting"aye." X. ORDINANCES AND RESOLUTIONS A. APPROVE SECOND READING OF ORDINANCE NO. 14-2002 AMENDING CITY CODE SECTION 11.41 RELATING TO CONDITIONAL USE PERMITS FOR HISTORIC PROPERTIES AND ADOPT RESOLUTION NO. 2002-104 APPROVING SUMMARY ORDINANCE FOR PUBLICATION Neal said this is an item related to the public hearing held a few minutes ago. He said this is a City code amendment to allow conditional use permits for historic designated property in the rural zoning district for office and commercial uses to encourage preservation and revitalization of the publicly and privately owned historic properties in the community. Rosow noted that a unanimous vote is required to pass an item that has 1st and 2nd reading on the same night. MOTION: Case moved, seconded by Butcher, to approve 2nd Reading of Ordinance No.14-2002 for City Code Amendment of Section 11.41, Conditional Use Permits; and to adopt Resolution No. 2002-104 approving the summary of the Ordinance and ordering the publication of said summary. Motion carried 5-0. XI. PETITIONS,REQUESTS AND COMMUNICATIONS A. SECOND HAND SMOKE—THOMAS BRYANT Tyra-Lukens said the Council agreed to allow one-half hour for this item,and those who wished to speak were to have signed up on a list. Thomas Bryant, 15560 Boulder Pointe Road, introduced the speakers. John White,Pickled Parrot Restaurant, said he took special care to design his restaurant with the only smoking area in the bar.They designed and installed a smoke extraction system at great cost.He said their design was approved by the City.He said they would never have considered coming here and building here with such an ordinance.He noted that were the whole state to consider such a measure,he would wholeheartedly support it because that would put them on an even playing field.He thought the City should form a task force to look into this CITY COUNCIL MINUTES May 21,2002 Page 8 further in order to consider the effect on the hotel and restaurant business. Maggie Mellby,Hop's Restaurant,Bar and Brewery,was concerned about the effect such an ordinance would have on their restaurant. She said the bar section has a separate ventilation system. They adopted a policy that prohibits smoking until 1:00 p.m. on weekdays. She also would support a ban on a statewide level. Mike Anderson, Green Mill Restaurant,thought this would drive a wedge between the City and its merchants.He thought it is unjust and unfair. Tara Feltmann and Gary Chanen, Outback Steak House,were concerned about jobs if the ordinance passes. They presented a petition signed by people who were dining in their smoking section in the last two days. They were concerned about the ramifications to employees like Tara who are single parents. They thought the City should investigate this and look at alternatives. Chanen said he is on the Board of the Eden Prairie Chamber of Commerce, and the Board is not neutral on this issue. He agreed that this should be a state issue, not a city issue. Greg Michaels, Outback Steak House, opposed the smoking ordinance. He said he also owns a restaurant in Rochester where such a ban was put in place at the county level.He said this ordinance would create a non-level playing field for them. Kenn Rockier, Executive Director, Bowling Proprietors Association of Minnesota, said he is a non-smoker and is a registered lobbyist. He said the hospitality industry is concerned about why the City is rushing ahead on this. He urged the City to consider the ramifications. He noted they have a convention that can no longer go to Rochester because of the Olmstead County ordinance. Tom Day, Minnesota Restaurant and Minnesota Hotel Associations, said he was asked to be here on behalf of the hotels and restaurants in the City. He said the association has never received money from the tobacco industry and is neither for nor against tobacco. He said they are pro choice, and there should be smoking and non-smoking options.He thought individual business owners should make the decision as to whether to allow smoking.He said no state or city has also considered including hotel rooms. Tyra-Lukens thanked all those who made presentations,noting that businesses are an important part of our community. B. GOLF COURSE PROPOSAL Lambert introduced Mark Christianson, a PGA golf professional and an Eden Prairie resident. Mark Christianson said he was asking the City to consider a proposal to build a golf facility on 35 acres next to the Flying Cloud ball fields at the southwest corner of Spring Road and County Road 1.He said he wants to build a facility that would CITY COUNCIL MINUTES May 21,2002 Page 9 cater to all levels of golfers.He wants to provide lessons and leagues and wants to make the facility affordable to everyone.He said there is limited land available elsewhere in Eden Prairie for such a facility, and this type of project fits well in the community.He asked the City to lease the land from MAC and then sublease it to him. The facility would be privately funded. Luse asked Lambert if the City would need to have an RFP for this. Lambert explained that Mr. Christianson made a recommendation to the Parks Commission the same evening that the Athletic Association program recommendations were presented. He said there are a number of issues, one of which is the land use.There are very limited options for land for a golf course or for athletic fields. If we decide that this golf facility is the best use of the MAC property and if we are able to accommodate the Athletic Association's needs elsewhere,we would still have to go through a process that would open it up to other developers for a proposal.We would also have to meet with MAC and make sure they would allow this type of use. Lambert said he thought the best way was to start with the Parks Commission and then bring it to the Council. He said Staff is asking the Council for 60 days to take a look at this proposal and the Athletic Program Task Force proposal to see if we can accommodate all the requests or if we will have to choose.He said they would then have some recommendations as to what the next step will be, and noted this is the first step in what will be a very lengthy process. Neal said Staff has been trying to get a feel for what the market is for golf now. There is a feeling that there is an over-saturation of courses. He said they have discussed a feasibility study on a golf course in our market area. He said they would talk more about this at the Staff level. Case asked who would hold the liability if it were not successful. Lambert replied Mr. Christianson is taking all of the risks in this proposal. He said we also had some very brief discussions with another developer who wants to present a partnership on the BFI site. Lambert thought we should do a Feasibility Study on both of these possibilities because there are other issues as well. Tyra-Lukens asked about the question of the sublease. Lambert said we would have to make it available to the highest bidder, and that would allow other developers to come in and compete on this kind of proposal. Mosman noted that on the survey done a year and a half ago a golf course was near the top,but we need to know if people would use it.Neal said we would have some due diligence to do, especially when land is scarce. Case said we have been talking for years about a teaching 9-hole golf course, and he thought the prospect is intriguing. q ft 1 CITY COUNCIL MINUTES May 21,2002 Page 10 Luse said the idea of ultimately having a public/private partnership is exciting. MOTION: Case moved, seconded by Mosman,to review Mr. Christianson's proposal and to direct staff to evaluate the feasibility of accommodating this request and the recommendation of the Athletic Programs Task Force within land available to the City, and report back to the Council within 60 days. Motion carried 5-0. C. PUBLIC MEETING ON SMOKEFREE AIR ORDINANCE. MOTION: Case moved, seconded by Luse, to direct Staff to find a date to set a public meeting for the purpose of soliciting comments regarding our proposal to enact a smoke-free ordinance in the City. Rosow noted the Council talked about having Staff develop guidelines for such a public meeting which would include such items as the hearing officer, alternative views being presented one after another, and specific time limits as part of the guidelines. AMENDMENT TO THE MOTION: Case moved, seconded by Luse,to direct Staff to also develop a process and guidelines for the public meeting,which would include having a hearing officer to conduct the meeting,the presentation of alternative views one after the other, and setting specific time limits on the presentations. Luse said the business community explained their concerns here this evening. He read the following statement explaining his position on the issue: "This smoking issue brings into conflict many contending interests — personal health, the economic health of a community, personal freedoms, balancing majority and minority views, the role of local versus state government. Our job as a council,my job as a Councilmember, is to weigh all those factors, listen to the residents and business owners of Eden Prairie, and do what I believe is in the best interest of our community. • I can support a ban on smoking in public places in Eden Prairie, but only if it is total. • I still believe that the state legislature is the right forum for this issue— smoking regulations should be consistent statewide. • If Eden Prairie acts alone to ban smoking in public places,we will hurt some of our businesses and our own economic health as a community. • It is only worth risking some of our economic health if the protection of personal health is effective. • Half measures on second-hand smoke would give us the worst of both worlds—second-hand smoke still damaging individuals' health, and Eden Prairie businesses losing customers to surrounding communities that haven't banned smoking. /0 la CITY COUNCIL MINUTES May 21,2002 Page 11 The desire to compromise, to find some place where people can smoke in public,is understandable.But in my view there is no middle ground in this case. Second-hand smoke hurts people's health.And any action we take as a council to further reduce second-hand smoke is going to have a cost—in lost tax revenue from businesses locating elsewhere, and possibly in legal costs as we're sued for telling businesses that something we once approved is now illegal. If we're going to pay that cost, it should buy us health. Still allowing some second-hand smoke won't do that. Having some hotel rooms allow smoking and some not doesn't help the employees of that hotel avoid harmful smoke. Nor does having one corner of a bar allow smoking. On this issue,compromise will only bring confusion and inconsistency. I'd still rather see this issue addressed at the state level. That's the best place for all the contending interests and freedoms to be fully considered, and statewide law makes the playing field level for business owners and individuals. I had hoped that Eden Prairie could avoid the divisiveness that standing alone on this issue would bring — but the debate is well under way now and let's listen to everybody and have a full discussion. And if we're going to act alone and make Eden Prairie an island, let's make sure that we've really made an island that's healthy." Butcher noted there were some concerns brought up this evening that this body had already made a decision. She said we have not made a motion, and we are still gathering perspectives through an agreed-upon process. We are going to follow that process. Tyra-Lukens said the sample ordinance on the web site was just an all-inclusive, catchall ordinance. She said that is not the proposed ordinance,but rather is a sample ordinance as a discussion point and a framework to solicit comments from the citizens. Case said he did not sense the same consensus among the Councilmembers as others in the audience did. We are still trying to draw lines, and he, for one,would like to keep the concept of a compromise open. He said he had the goal that the state would some day step up to the plate,but to get there we may have to look for areas that will mitigate some of the issues for better health. Mosman said she heard quite a few contradictory statements from the letters we have been getting and from the presentations we have heard. She would like to find a way to ask for documentation to back up the studies quoted or have a rebuttal from someone who would know the correct information. She would like to have confirmation of who did the study and have a rebuttal if there was one. 1I 11 CITY COUNCIL MINUTES May 21,2002 Page 12 Rosow said when the process is developed for the manner in which the public meeting is to be conducted,the hearing officer could require anyone quoting studies to provide data for the record to back up the information presented.He said we could have the hearing officer require that and build it into the process. Mosman said she would write up the things about which she has heard contradictions. Case said he would also like the freedom to at least question the statistics that are presented. He would like to be able to question in order to clarify the facts. Tyra-Lukens asked Mr. Rosow to work with the hearing officer to come up with the process. VOTE ON THE AMENDMENT: Motion carried 4-1, with Luse opposed. VOTE ON THE MOTION AS AMENDED: Motion carried 4-1,with Luse opposed. Luse clarified his negative vote by restating his position that this is a state issue, therefore he voted nay. 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 1. OUTDOOR SWIMMING POOL/WATER PARK FEASIBILITY EVALUATION Lambert said Staff is recommending the council approve a feasibility study on an outdoor water park. The recommendation would include appointing an ad hoc committee of four members from the Parks,Recreation&Natural Resources Commission,three residents at large,and one member each from the Foxjets and School District 272. The committee would work with Staff to evaluate a site or sites,and then look at a preliminary design. He said we would have to have a design and site in order to estimate the expenditures and revenues. Case thought we owe it to the residents to investigate this because of the response on the survey to this project. CITY COUNCIL MINUTES May 21,2002 Page 13 MOTION: Case moved, seconded by Mosman,to approve the proposed process of evaluating the feasibility of an outdoor water park,including hiring a consultant to work with a citizen's task force and City staff. Motion carried 5-0. 2. ATHLETIC PROGRAM TASK FORCE REPORT Lambert said the Council had requested Staff to get representatives from all of the various athletic associations together as a task force and talk about their needs for the next five to ten years. The task force was given the trends,the participation rates from 1995-2001, and the number of school- age children projected for the next ten years. The task force was asked to project their needs for the next 10-20 years out. The task force was focusing on outdoor facilities and they agreed we would need four new soccer fields and a new regulation baseball field. The task force recommended establishing a Citizens Committee to evaluate swimming pool needs prior to committing tax dollars to funding any athletic facility needs. The Parks,Recreation and Natural Resources Commission unanimously approved the recommendations of the task force at their May 6th meeting, and recommended that the Council delay any decisions on funding requests until information on the feasibility of a water park is completed. The Commission believed we need the whole picture including skating, swimming, golf and other. Lambert said we are assuming that this will be the last big evaluation phase or feasibility study on goals. They are expecting to come back to the Council with the whole package regarding the needs and what funding might be available at the end of the year. Case asked if it would be possible to find the land for the additional fields. Lambert replied that Staff has looked at that and believes we could light the existing fields.There is an area at Staring Lake Park with a softball field that could be turned into a soccer field, and we are building two fields at Crestwood. We have more survey work to do and will come back in 60 days with information on the options. Case noted we still have a few large parcels that might accommodate soccer fields but not a golf course.He thought we couldn't squeeze a golf course in at this point. Lambert thought it makes sense to take a look at the existing facilities we have so that we can renovate the existing facilities before we add more.He said Staff liked the idea of a golf course where people can learn to play golf We also need to take a look at our last survey because an 18-hole course was ranked No.2 on the survey and a 9-hole course was No. 11. I- CITY COUNCIL MINUTES May 21,2002 Page 14 MOTION: Mosman moved,seconded by Butcher,to approve the recommendation of the Athletic Programs Task Force as outlined in the memorandum dated May 21,2002.Motion carried 5-0. D. REPORT OF COMMUNITY DEVELOPMENT AND FINANCIAL SERVICES DIRECTOR E. REPORT OF PUBLIC WORKS SERVICES DIRECTOR 1. CHARLSON AREA IMPROVEMENTS—PHASE II (RESOLUTION NO. 2002-105 Dietz said this is a resolution for improvements to provide sanitary sewer service to Grace Church. MOTION: Mosman moved, seconded by Butcher, to adopt Resolution No. 2002-105 awarding the contract for I.C. 02-5564, Charlson Area Improvements—Phase II to Ingram Excavating, Inc. in the amount o $625,655.00. Motion carried 5-0. F. REPORT OF PUBLIC SAFETY SERVICES DIRECTOR G. REPORT OF MANAGEMENT SERVICES DIRECTOR H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Case moved, seconded by Butcher, to adjourn the meeting. Motion carried 5-0.Mayor Tyra-Lukens adjourned the meeting at 9:05 p.m. 1 LI H UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL FORUM TUESDAY,JUNE 4,2002 6:30 PM,CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher, Ron Case, David Luse, and Jan Mosman CITY STAFF: City Manager Scott Neal, Public Safety Director Jim Clark, Parks & Recreation Services Director Bob Lambert, Community Development and Financial Services Director Don Uram, City Attorney Ric Rosow and Recorder Jan Nelson Curielli CALL THE MEETING TO ORDER Mayor Tyra-Lukens called the meeting to order at 6:30 p.m. Councilmember Butcher was absent. Tyra-Lukens said there was no Council Workshop scheduled for this evening. V. OPEN FORUM (Scheduled participants,6:30-6:50 p.m.) A. Ray Lindquist Ray Lindquist,a school bus driver for School District 272 and Chairperson of the Safety Committee, said he came before the Council a year ago with concerns about the safety of children because of stop arm violations.During the summer he met with Chief Clark and they identified two areas to work on: 1)basic education because people don't know the law or the consequences of the law; and 2)use of patrol cars. Lindquist said the local newspaper published two major articles and letters to the editor. They conducted safety training at the grade schools and passed out brochures for the children regarding the stop arm regulations. The Police Department also passed out the brochures at community events. Lindquist said patrol cars identified places where multiple violations were occurring and concentrated on those areas. The patrol officers were advised to watch for violations as they followed buses.They also were able to file violation reports on four drivers who were identified by citizens. He reported that stop arm violations on his route have decreased by 50%. Lindquist said he wanted to thank Chief Clark for doing a big job above and beyond the call of duty.He said we will now have another major concern with more children walking to school. The Glen Lake and Eden Prairie Optimist Clubs have purchased 100 mini recorders for bus drivers to use to record violators. Tyra-Lukens thanked Lindquist for a successful effort. 1 is CITY COUNCIL FORUM MINUTES June 4,2002 Page 2 Mosman noted some of the problems along Pioneer Trail might be due to the 50 MPH speed limit for portions of the roadway. She asked if the drivers have different minimum times to put on their amber lights. Lindquist replied the drivers have instructions regarding the timing of amber lights,depending on the speed and traffic conditions. Case said his family is one of those who have called in observed violations on Pioneer Trail.He thought the police have been really wonderful.They have pulled someone over every time they observed the violation. B. Police Chief Jim Clark Chief Clark introduced Stephanie Rogers who has worked on some Public Service Announcements (PSAs)to fight alcohol abuse. Ms Rogers said she has a background in broadcasting and received a one-year grant • from FamiLink to work on this project. She said the PSA she brought tonight is directed to teens and uses Eden Prairie youth as actors and actresses. The next PSA will be directed to parents, and the third one to the community. She said there would be a tag at the end that the PSA is brought to you by the City of Eden Prairie. They plan to use it with different local groups and would like to hit the movie theatres with it. Luse noted this shows the City is going the extra mile. He asked what the cost of the tapes is.Rogers said the main cost is for the tapes—about$18. Tyra-Lukens asked if we plan to put it on the web site.Uram said we do. Case thought we should run it during some of the dead times on cable and distribute it through the high school to families of students•there. Luse thought we should check into having it printed on disks and mailed out to residents so that every family in the City might have access to it. Clark said they are putting together a tape for Drivers Ed.Rogers said she has a contact at the State Health Department that has expressed interest in making it available to other communities in the state. Councilmembers then viewed the PSA. VI. OPEN PODIUM(Unscheduled participants, 6:50-7:00 p.m.) No one requested to speak during Open Podium. VII. ADJOURNMENT 16 �• c , UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY,JUNE 4,2002 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher, Ron Case, David Luse, and Jan Mosman CITY STAFF: City Manager Scott Neal, Parks & Recreation Services Director Bob Lambert, Public Works Services Director Eugene Dietz, Community Development and Financial Services Director Don Uram, City Planner Michael Franzen, City Attorney Ric Rosow and Council Recorder Jan Nelson Curielli I. ROLL CALL/CALL THE MEETING TO ORDER Mayor Tyra-Lukens called the meeting to order at 7:00 p.m. Councilmember Butcher was absent. II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION Mayor Tyra-Lukens said the Council Forum has been modified as follows. Council Forum will be held the first and third Tuesday of the month from 6:30—7:00 p.m. in the Council Chamber. Please note that this portion of the meeting is off-camera. The Council Forum will consist of two parts: scheduled and unscheduled appearances. 6:30 to 6:50 p.m. is reserved for scheduled participants. If you wish to schedule time to visit with the City Council and Service Area Directors,please notify the City Manager's office(at 952-949- 8412)by noon of the meeting date with your request. The last 10 minutes of the Forum, from 6:50 to 7:00 p.m. is set aside for impromptu,unscheduled appearances by individuals or organizations that wish to speak the Council. IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Rosow said a wrong copy of the Developer's Agreement was delivered for Items VI.B. and C. He provided a corrected copy.He noted that the seventh bullet under Background Information on Item VI.C. is not a condition of the final plat and should be removed from the memorandum. Regarding Item VI.J., Case said this is an extremely pleasant task to approve the lease agreement with Dunn Brothers.He asked if they would be selling baked goods or other food items as they discussed before.Uram said they are going to bring in goods from a commercial kitchen. Case asked when the renovation work would begin.Uram said they expect to bring discussions back to the Council the first of July, and expect to have it open right before Thanksgiving. 1-f CITY COUNCIL MINUTES June 4,2002 Page 2 MOTION: Case moved,seconded by Mosman,to approve the Agenda as published. Motion carried 4-0. V. MINUTES A. CITY COUNCIL WORKSHOP HELD MAY 7,2002 MOTION:Mosman moved, seconded by Luse,to approve as published the Minutes of the City Council Workshop held May 7, 2002. Motion carried 4-0. B. CITY COUNCIL WORKSHOP HELD MAY 21,2002 MOTION: Luse moved, seconded by Mosman,to approve as published the Minutes of the City Council Workshop held May 21,2002. Motion carried 4-0. VI. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. TERREY PINE VILLAS by Matrix Development, LLC. 2nd Reading 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. Location: Terrey Pine Drive. (Ordinance No. 15-2002-PUD-10-2002 for PUD District Review, Zoning District Change and Zoning District Amendment) C. ADOPT RESOLUTION NO.2002-106 APPROVING FINAL PLAT OF TERREY PINES D. APPROVE CHANGE ORDER NO. 1 FOR FLAGSHIP CORPORATE CENTER ACCESS DRIVE—PHASE II,I.C. 00-5517 E. ADOPT RESOLUTION NO.2002-107 APPROVING PRELIMINARY LAYOUT PLANS FOR CHARLSON ROAD/TH 212, I.C.98-5470 F. APPROVE PLANS AND SPECIFICATIONS FOR MITCHELL ROAD DRAINAGE IMPROVEMENTS ADJACENT TO ATHERTON TOWNHOMES,I.C. 015540 G. APPROVE PROFESSIONAL SERVICES AGREEMENT FOR UPPER EDEN LAKE SEDIMENT REMOVAL,I.C. 02-5575 H. APPROVE ENGINEERING SERVICES AGREEMENT WITH HTPO FOR PIONEER TRAIL/FLYING CLOUD DRIVE UTILITY IMPROVEMENTS, I.C. 52-204 I. DIRECT STAFF TO NOT WAIVE THE MONETARY LIMITS ON MUNICIPAL TORT LIABILITY ESTABLISHED BY MN STATUTE 4 466.04 1 CITY COUNCIL MINUTES June 4,2002 Page 3 J. APPROVE LEASE WITH CEEFAY LEASING,LLC (DUNN BROS. COFFEE) FOR SMITH-DOUGLAS-MORE PROPERTY AT 8107 EDEN PRAIRIE ROAD MOTION: Case moved, seconded by Luse, to approve Item A, amended Items B and C, and Items D-J of the Consent Calendar. Motion carried 4-0. VII. PUBLIC HEARINGS/MEETINGS A. SPECIAL ASSESSMENT HEARING FOR THE CRESTWOOD TERRACE NEIGHBORHOOD • Neal said official notice of this public hearing was published in the May 2, 2002, Eden Prairie News and sent to 46 property owners. Gray said this is the final assessment hearing for the street and storm sewer portions of the project in the Crestwood Terrace neighborhood.He said the assessment amount for each of the properties is $10,968. There is an item later in the agenda to consider levying the assessment.He said we will also consider awarding the construction contract. He noted that the bids were very competitive and were$200,000 under the estimated cost. The City's share will probably be about$2000 per unit. Case commended Mr. Gray and other Staff members for handling the questions and concerns of the residents,particularly since there were no neighborhood representatives here at the public hearing. Luse asked if the sidewalks are included in the construction. Gray said the sidewalks are part of the bid but are not part of the assessed costs. The sidewalks will be funded from the Parks budget. There were no comments from the audience. MOTION: Mosman moved, seconded by Case to close the public hearing for street improvements in the Crestwood Terrace Neighborhood. Motion carried 4-0. B. GUIDE PLAN UPDATE-AIRPORT ELEMENT by the City of Eden Prairie. Request for approval of the Aviation Goals, Chapter 2 and Airport Element, Chapter 6,to be included as part of the approved Guide Plan Update. (Resolution for Adopting Airport Element of the Comprehensive Guide Plan Update) (Continued from May 21,2002) Neal said this item was brought to the Council before and staff is asking that it once again be continued to the June 18th meeting.He said we are awaiting the FAA review of the agreement with MAC. 19 CITY COUNCIL MINUTES June 4,2002 Page 4 Luse asked if we have any idea when the information will be able to be disclosed to the public.Rosow said he recently talked to the attorney for MAC. He said they are trying to arrange another meeting between MAC and the FAA to go over some details with the FAA and then they plan to have a meetingwith us. Rosow said the details of the proposed final agreement are already public and were discussed at the Planning Commission meeting.He said our consultants are preparing information to bring to the public once the agreement has been approved. Case noted the FAA has jurisdiction over the funding MAC receives but does not have direct approval of the agreement.Rosow said we are looking to MAC to get certain assurances from the FAA. If we don't have those assurances,we would need to take a look at the terms of the agreement and modify it. Having been part of this effort since former Mayor Harris and he were appointed to the negotiating team, Case said he continues to be very confident in our legal counsel. He said they work very well with MAC,but they are very independent and vigilant to work on our concerns.He thanked Mr. Rosow and the others who have been involved in developing the agreement. Luse said he was looking for the point where a celebration might be appropriate to involve those advocates who worked really hard to bring this about. Mosman noted she has received calls and some emails saying the Council has dropped the ball on the airport issue, so this makes people aware that we are continuing to work on this issue. Case said, in his mind,when we get to the point where we celebrate the final document,we are celebrating the cessation of the fight and that is a different celebration than celebrating the existence of the airport.He said he wanted to be careful that all we as the Council have agreed is that we are no longer going to fight the specific expansion and in exchange for that we have guarantees to the limits of the future expansion and a protection for our people.He noted there are people out there who would like to not have the airport expand,but that is a regional and statewide issue in which the Council may or may not want to be involved. Tyra-Lukens thought every person has a different point at which they would recognize success. Luse was concerned that this not just be put on the agenda as a consent item.He thought we will get press and commentaries, and we may want to consider a mailing to define what this is. Case said he agreed with Councilmember Luse,because any time the Council spends this amount of dollars we should go out and show on what we spent those dollars.He said he was very proud of the choices we have made to protect the future health and welfare of the people. CITY COUNCIL MINUTES June 4,2002 Page 5 MOTION: Mosman moved, seconded by Case,to continue the public hearing until June 18,2002. Motion carried 4-0. VIII. PAYMENT OF CLAIMS MOTION: Case moved, seconded by Mosman to approve the Payment of Claims as submitted.The motion was approved on a roll call vote,with Case,Luse,Mosman, and Tyra-Lukens voting"aye." IX. ORDINANCES AND RESOLUTIONS X. PETITIONS,REQUESTS AND COMMUNICATIONS XI. REPORTS OF ADVISORY BOARDS &COMMISSIONS XII. APPOINTMENTS XIH. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER 1. Proposed Hennepin CountyLRT Study Tyra-Lukens said Councilmembers have been getting a lot of emails regarding the LRT study. She said this is just a study of a possibility in the LRT corridor. Some of the emails have indicated a frustration that Councilmembers did not attend one specific meeting in Minnetonka; however, all the Councilmembers were attending a welcome for the new City Manager that evening. Tyra-Lukens said the presentation that the HCRRA did for the Council in April was one of six presentations, and there have been seven community meetings. She attended a presentation last week for elected officials and businesses. She said there seems to be a misconception that the Minnetonka City Council has taken a stand against light rail. Neal said the actual name of the study is the Southwest Corridor Rail Transit Study.He said this is a proposal we received from the organization. He noted staff has received some of the same emails. He said he talked to the Minnetonka City Manager who said they have not taken a position against the study. Neal said we are working on a meeting here that will be similar to the one in Minnetonka.He thought the best time for the meeting is going to be 30- 60 days out when we believe the rail authority will have more information about what they are doing and why they are doing it. 5l CITY COUNCIL MINUTES June 4,2002 Page 6 Tyra-Lukens thought the meeting should have a representative presenting what the study will look like. She thought there might be some value in discussing among the Councilmembers what our position is on this proposed study. Tyra-Lukens said her position would be that you couldn't make a decision until you have some information about the study. She thought there are a lot of big loose ends including where the trail ends. Rather than making a motion against the study being done, she would like to see what the proposal is. Luse said he remembered from the first evening that there were a lot of people who had conflicts.He thought the people who are coming forward are personally involved because it is apparently in their backyards. He thought Councilmembers and City staff are taking this seriously, and ultimately we have to look at what is the best final decision for all of Eden Prairie. He thought there appears to be a good thought process in"why don't you keep it contiguous to a major thoroughfare,"but we won't know until we take a look at it. Tyra-Lukens noted that we have no authority over whether they do the study. Case said he wanted to underscore that in no way has this Council given any indication to the rail authority that we would favor this proposal. He agreed that until the study has been done and is presented to us,it would be difficult to make a judgment on it. He said he would hate to see Southwest Metro damaged by this, so he is a skeptic who has to be convinced. He wanted to reassure the residents that we would never make the decision lightly, and ultimately do what we think is best for everybody with special concern for the residents who live along the corridor. He reiterated that no decision whatsoever has been made. Mosman said she told people at the Saturday morning meeting the Council did not have control over this,but we would be listening and that we would have some kind of public meeting with the Council. Luse said those people who have voiced concerns and thoughts will need to stay with the process. As the Mayor pointed out,we do not•have legal recourse over the other entity.He thought the Council has been consistent about safety being the ultimate issue. C. REPORT OF PARKS AND RECREATION SERVICES DIRECTOR D. REPORT OF COMMUNITY DEVELOPMENT AND FINANCIAL SERVICES DIRECTOR E. REPORT OF PUBLIC WORKS SERVICES DIRECTOR CITY COUNCIL MINUTES June 4,2002 Page 7 1. Crestwood Terrace Area Improvements a. Approval of Special Assessment(Resolution No. 2002-108) Dietz said the Public Hearing for this item was held earlier this evening. Staff is asking for approval of the special assessment for street improvements in the Crestwood Terrace neighborhood. Dietz noted that, since the project was expanded beyond the scope of the petition received, a 4-0 vote would be required for approval. MOTION: Case moved, seconded by Mosman,to adopt Resolution 2002-108 approving Special Assessments for street improvements in the Crestwood Terrace Neighborhood(I.C. 98-5474). Motion carried 4-0. b. Contract for Improvements (Resolution No.2002-109) Dietz said he distributed copies of the resolution to award the contract for the Crestwood Terrace street improvements earlier this evening. He said staff is recommending award to the lowest bidder who was S.J.Louis Construction,Inc. MOTION: Case moved, seconded by Mosman,to adopt Resolution No. 2002-109 awarding contract for I.C. 98-5474, Crestwood Terrace Area Improvements to S.J. Louis Construction, Inc. Motion carried 4-0. F. REPORT OF PUBLIC SAFETY SERVICES DIRECTOR G. REPORT OF MANAGEMENT SERVICES DIRECTOR H. REPORT OF CITY ATTORNEY 1. Protocol for Public Meeting on Smoke-Free Ordinance Rosow said his office has arranged for Administrative Law Judge Allan Klein to preside over the public meeting on June 11,2002.His office also prepared a Notice and Order for Public Meeting and a letter to Judge Klein identifying preliminarily the procedure we would use for the meeting. Rosow reviewed a proposed five-point process with the Council.The five points included: a. Each presenter shall be limited to three(3)minutes. b. Each presenter shall be required to present testimony under oath. c. The Law Judge would ask speakers to alternate between pro and con until that was not possible. d. The Council requested that there be backup data for factual data CITY coui iciL MINUTES June 4,2002 Page 8 being presented.If factual testimony is,in fact,opinion testimony,it will be received as opinion. e. Parameters will be set regarding the length of the meeting.The meeting will start at 7:00 p.m. and adjourn no later than 10:00 p.m. If,at the end of the three-hour time period,there are additional presentations not yet heard,the Council would have the opportunity to continue the meeting to another date or possibly extend the time beyond the scheduled 10:00 p.m. adjournment. Case asked if we could take written testimony up to a certain time as a third alternative.Rosow said that was an excellent point and he would add that written testimony could be submitted. Tyra-Lukens said she maintains that what somebody says here at a public meeting doesn't have any more weight than another person's email or phone call. She was not sure there should be a cut-off at all because that may imply we want to restrict the amount of information submitted. Luse said we need to let all the voices be heard and that is what we are doing.He thought we have been very clear about how we were going to do it and we decided this was the best format.He didn't think we would know until that night if we will need another night or more for presentations. Tyra-Lukens said this is not the only format to let them be heard because email and calls are acceptable. Case said he would also like to have the idea out there that every voice could be heard,but it may not be heard at that public meeting.He said the purpose is to gather information but also to assist us in formulating our position,He said there is more value to us to be able to ask questions of the speaker rather than having an additional number of speakers, and he thought those two things might be at odds.Ultimately the goal is to help the five of us to arrive at a decision that is the best for the residents of Eden Prairie.He encouraged people who are not able to attend the meeting to contact the Council by another means. Tyra-Lukens asked if there is a way the Council can ask questions of the presenter.Rosow said he would add to the first item that the council may ask questions and that will be outside of the speaker's three minutes. Case thought we might also have to limit the response time.He also thought after a certain time when speakers have said the same thing,it is important that the judge says it is helpful to hear something new.He thought the judge should be able to handle that. Mosman said her question has been whether we plan to respond to the public as they are speaking. She thought we are not making a decision that night so we should not be expected to give our responses. CITY COUNCIL MINUTES June 4,2002 Page 9 Tyra-Lukens said that was how she is feeling. She said there is no ordinance that we are defending. Case said the State Supreme Court does this by hearing both sides and questioning each one. That is our role to take testimony and respond back. Mosman said she has received a number of phone calls and emails that have questioned whether the Council has the right to pass an ordinance on this. She asked Rosow if he could provide a statement Councilmembers could use to answer such communications. Rosow said the Council does have the authority to adopt an ordinance dealing with this subject matter and the Attorney General has so said.We can reiterate that at the public meeting and have a copy of the Attorney General's opinion on that subject available. Luse thought we need some structure as we gather this information, and he thought we are being very professional in our approach.He thought it feels a little restrictive about how we have information coming to us. He would agree that we should be able to ask questions of a presenter.Regarding the question of whether we as the Council have the authority to adopt such an ordinance,he thought maybe the answer is that it goes on a ballot in November. Luse thought we have to be sure that all the people feel they had had their voice heard.He would support follow-up questions and some all- encompassing additional time frame if needed.He said there is a whole problem with the three-minute time frame,but he would agree we have to do it that way to make the process fair. He would support scheduling another meeting in July,which we could cancel if it is not necessary, so that we get all the information needed to make a final decision on the issue. Case thought we should cross that bridge when we get there. He thought at the conclusion of the public meeting it is possible that something will come out to indicate we have received the information we need to make a decision.We could come back at the next regular meeting and raise the question of whether there was enough time spent. At some point we as a Council need to look at what we get and make a decision. An individual can reach us in various formats, so he did not think we need to allow every individual to use the format of speaking at a public meeting.He said we are promising that every position will be heard. Mosman said she agreed with Councilmember Case. She noted that some of the emails that were in the Council packets have very interesting pieces of information and she wondered if it would be appropriate to read some of them at the meeting, or if they should be brought in as backup for why a particular decision was made. CITY COUNCIL MINUTES June 4,2002 Page 10 Tyra-Lukens said she did not think everything that has been sent to the Council has to be entered into the record at the public meeting. Luse said the majority of the voices heard to date tend to be on one side of the issue or the other.He was seeing about half and half on the issue.He thought there are many people who would say this is an important individual rights issue, and we need to take a vote of our 55,000 people.He thought we would be setting ourselves up for public scrutiny if we don't go the extra mile to get the information.He thought ultimately the issue is a health issue,but he didn't want others in the community to think that the individual rights issue and all the other political issues were not heard. Tyra-Lukens thought the issue of a referendum comes later, and she thought there would be pros and cons for a referendum. Luse said he was asking for a three-hour meeting to be scheduled in July, with the stipulation that presenters cannot duplicate their presentation from the June meeting.He thought then whatever decision gets made,we will have done everything we can to get the issues out on the table. Tyra-Lukens said she would prefer to wait to make a decision until after the meeting on the 11th. She didn't want to schedule a meeting now. She thought we should get as many people at this one as we can and then deal with whether to schedule another meeting. Case said the point is the objective of the meeting is to get information on the positions, and we have told every citizen in the.community that they can contact any of us at any time. He thought in the course of three hours this representative body will get the information and can then consider the next step. Tyra-Lukens said the purpose of the meeting is to determine the pros and cons of the issue. Case added that the purpose is also to help us make a decision as a governing body. Mosman asked if we would want to limit who would be allowed to present, for example,would a restaurant owner from Florida who would be against such an ordinance be a relevant presenter that we should be hearing from. Case thought it would be a slippery slope to limit those who could present. He thought having the disclosure of who they are and where they live or work would put the testimony in the appropriate light. Tyra-Lukens said we should ask people to sign up on a pro or con list and they will be asked to come forward alternately. She asked if we want to regulate how often anyone can speak. Case said he_thought we should allow each person to speak one time. /0 36 CITY COUNCIL MINUTES June 4,2002 Page 11 Luse said to him this is a health issue, an economic issue and an individual rights issue.He thought we will continue to receive input on the health and economic issues next Tuesday,but we have barely begun to touch the individual rights issue.He implored the Council to go the extra mile so we can get rid of any question as it relates to the ability to communicate.He was concerned that a three-hour time frame is not going to allow us to get finalization on all three of the issues involved, and he again asked for another three-hour meeting in July. Case thought the purpose of the meeting is to get all the issues laid out. That may be done in one meeting or not,but we would decide that after the first meeting. Tyra-Lukens said we definitely want to get a lot of public input, and we are going after issues. She wasn't sure what more information we would get regarding the individual rights issue if another meeting were scheduled. Luse said his concern is the group of people who are concerned that this is an individual rights issue have not been heard. • Case said the individual rights issue is not a gray area.He didn't think we need three hours to cover that because it is a belief statement. He thought we do need to take the time to get feed back on the health issue and look at the impact of what we do to see how it affects businesses. Luse said he was trying to eliminate the other pieces of this issue so that we can get back to where he can accept this.He believed we need more than three hours to get the information out, and the additional time could be held any time,not necessarily in July. Case noted that no one has said we wouldn't go beyond three hours. Mosman thought just bringing up the subject may trigger people who feel strongly on the individual rights issue to come to the meeting or email us. She said we should encourage them to come, as we want to hear that as part of the testimony. Luse said his concern is that only 25%read the paper, and even fewer view the cable channel.He didn't think the residents fully understand the process. He wanted to give the impression that we are going the extra mile, and that is really what the request is.He did not want it to be construed as a delay, but rather as a way to get a group of very strong views. Case thought everyone wants to go the extra mile, and we are saying that we are not sure the extra three-hour meeting will be necessary.We can take the meeting at face value and assess where we are at the end of the meeting. CITY COUNCIL MINUTES June 4,2002 Page 12 Tyra-Lukens reiterated that the public meeting is not the only way to get opinions to the Council. She said emails,phone calls and letters are all available to the public and each type of information will be given equal weight. Rosow reviewed the guidelines the hearing officer would employ at his discretion as follows: a. Each presenter shall be limited to three(3)minutes. b. The Mayor and Council Members may ask questions of presenters. The time to answer the questions will be in addition to the three minutes provided for above but never-the-less,the response to the questions should be limited to two (2)minutes.Mayor and Council Members will not respond to questions from the public at this meeting. c. Each presenter shall be required to present testimony under oath. Each presenter will be allowed to speak once. d. Each new presenter will be asked to state their name,home and business address and the name of their employer. e. Alternate between presenters pro and con on the issue. A sign-up list for both pro and con will be available and individuals wishing to present testimony should sign the appropriate list. f. After the same point has been made by several speakers,the Hearing Officer will ask future presenters to present,new information,not just reiterate what has been previously said before. g. Anyone presenting factual evidence(as opposed to opinion testimony)must also present to the Council supporting data that tends to establish the facts being presented to the Council.For instance, if a presenter wishes to persuade the Council that the adoption of such an ordinance would have either a negative or a positive impact on a business sector,the presenter should be required to provide the factual basis or data that supports the claim, i.e. a survey or study measuring the impact of a similar ordinance in another city. If the factual testimony is in fact opinion testimony, the Council will receive the opinion testimony as part of the record but it should be so identified. h. The public meeting will start at 7:00 p.m. and adjourn no later than 10:00 p.m.If there are present at the public meeting individuals who wish to address the Council but have not had an opportunity ity to do so,the Council will decide at that time whether or not to continue the meeting to another date CITY COUNCIL MINUTES June 4,2002 Page 13 • MOTION: Case moved, seconded by Mosman,to set the eight-point process as a guideline for the Public Meeting on Smoke-Free Ordinance to be held on June 11,2002.Motion carried 3-1,with Luse opposed. Tyra-Lukens said she wanted to reiterate the fact that all forms of communication will be given equal weight. She noted that if someone chooses to send an email,it would be helpful to include their name and the other information requested of presenters at the public meeting. XIV. OTHER BUSINESS XV. ADJOURNMENT MOTION: Mosman moved, seconded by Case, to adjourn the meeting. Motion carried 4-0.Mayor Tyra-Lukens adjourned the meeting at 8:25 p.m. • 3 o9 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 18,2002 SERVICEAREA/DIVISION• ITEM DESCRIPTION: Police/C.O.P.Unit Clerk's License Application List ITEM NOA: Gretchen Laven V I These licenses have been approved by the department heads responsible for the licensed activity. Gambling-Raffle Organization: Dave Thomas Foundation for Adoption Place: Bearpath Golf and Country Club Date: July 29th,2002 Commercial Lawn Fertilizer Applicators Dakota Turf Inc. • • Month Day,Year - 1 - CITY COUNCIL AGENDA DATE: 06/18/02 SECTION: Consent Agenda SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development Donald R.Uram Stonegate Scott A.Kipp Requested Action • Approve 2nd Reading of the Ordinance for Planned Unit Development District Review with waivers on 28.82 acres and Zoning District Change from Rural to R1-13.5 on 26.62 acres; and • Approve the Development Agreement for Stonegate Synopsis _ This is for a 45 single family lot subdivision. Attachments 1. Ordinance for PUD District Review with waivers and Zoning District Change 2. Development Agreement STONEGATE CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 16-2002-PUD-11-2002 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH,AMONG OTHER THINGS,CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land")is legally described in Exhibit A attached hereto and made a part hereof. • Section 2. That action was duly initiated proposing that the land be removed from the Rural Zoning District and be placed in the Planned Unit Development R1-13.5 Zoning District 1 6-2002-PUD-1 1-2002 (hereinafter"PUD-1 1-2002-R 1-13.5"). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of January 15,2002, entered into between Carlston Inc.,and the City of Eden Prairie, (hereinafter "Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD-11-2002-R1-13.5, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-11-2002-R1-13.5 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-11-2002-R1-13.5 is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-il-2002-R1-13.5 are justified by the design of the development described therein. D. PUD-11-2002-R1-13.5 is of sufficient size, composition, and arrangement that its construction, marketing, and operation are feasible as a complete unit without dependence upon any subsequent unit. Section 5. The proposal is hereby adopted and the land shall be, and hereby is removed from the Rural Zoning District, and placed in the R1-13.5 Zoning District and shall be included hereafter in the Planned Unit Development PUD-11-2002-R1-13.5 and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B,shall be and are amended accordingly_ _ Section 6. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 21st day of May, 2002, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the 18th day of June, 2002. ATTEST: Kathleen A.Porta, City Clerk Nancy Tyra-Lukens,Mayor PUBLISHED in the Eden Prairie News on �7J STONEGATE CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 16-2002-PUD-11-2002 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH,AMONG OTHER THINGS,CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land")is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Rural Zoning District and be placed in the Planned Unit Development R1-13.5 Zoning District 16-2002-PUD-1 1-2002 (hereinafter"PUD-1 1-2002-R1-13.5"). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of January 15,2002, entered into between Carlston Inc., and the City of Eden Prairie, (hereinafter "Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD-11-2002-R1-13.5, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-11-2002-R1-13.5 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-11-2002-R1-13.5 is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-11-2002-R1-13.5 are justified by the design of the development described therein. D. PUD-11-2002-R1-13.5 is of sufficient size, composition, and arrangement that its construction, marketing, and operation are feasible as a complete unit without dependence upon any subsequent unit. !�9 y Section 5. The proposal is hereby adopted and the land shall be, and hereby is removed from the Rural Zoning District, and placed in the R1-13.5 Zoning District and shall be included hereafter in the Planned Unit Development PUD-11-2002-R1-13.5 and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 21st day of May, 2002, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the 18th day of June, 2002. ATTEST: Kathleen A. Porta, City Clerk Nancy Tyra-Lukens,Mayor PUBLISHED in the Eden Prairie News on • EXIT A PUD Legal Description— Stonegate The North 300.00 feet of the Northwest Quarter of the Northeast Quarter of Section 30, Township 116, Range 22, Hennepin County, Minnesota, lying easterly of the West 284.00 feet thereof,EXCEPT road. The West 284.00 feet of the North 300.00 feet of the Northwest Quarter of the Northeast Quarter of Section 30, Township 116, Range 22, Hennepin County, Minnesota, ALSO that part of the West 535.00 feet of said Northwest Quarter of the Northeast Quarter lying south of the North 300.00 thereof and lying north of a line run from a point on the east line of said West 535.00 a distance of 900.00 feet south from the north line of said Section 30 to a point on the west line of said West 535.00 a distance of 1075.00 feet south from the northwest corner of said Northwest Quarter of the Northeast Quarter,EXCEPT road. That part of the South 300.00 feet of the North 600.00 feet of the Northwest Quarter of the Northeast Quarter of Section 30, Township 116, Range 22 lying east of the West 535.00 feet thereof,EXCEPT road. That part of the Northwest Quarter of the Northeast Quarter of Section 30,Township 116,Range 22,Hennepin County, Minnesota,lying south of a line described as follows: Beginning at a point on the west line of said Northwest Quarter of the Northeast Quarter a distance of 1075.00 feet south from the northwest corner thereof; thence northeasterly to a point on the south line of the North 900.00 feet of said Northwest Quarter of the Northeast Quarter a distance of 535.00 feet east from the west line thereof; thence east along the south line of said North 900.00 feet to the east line thereof and there ending, EXCEPT road. That part of Government Lot 1, Section 30, Township 116, Range 22, Hennepin County, Minnesota and that part of Tract A, REGISTERED LAND SURVEY NO. 1410, files of the Registrar of Titles, said Hennepin County,Minnesota,described as follows: Beginning at the intersection of the east line of said Government Lot 1 and the north line of Tract B, said REGISTERED LAND SURVEY NO. 1410; thence west along said north line a distance of 271.50 feet;thence north at a right angle a distance of 220.00 feet;thence west at a right angle 90.00 feet; thence north at a right angle and parallel with and 15.00 feet west of the east line of said Tract A to the south line of County Highway No. 1; thence northeasterly along southerly right of way of highway to the east line of Government Lot No. 1; thence south to the point of beginning. EXHIBIT A, continued R1-13.5 Zoning Legal Description— Stonegate That part of the Northwest Quarter of the Northeast Quarter and that part of Government Lot 1, all in Section 30,Township 116, Range 22, Hennepin County,Minnesota,described as follows: Commencing at northwest corner of said Northwest Quarter of the Northeast Quarter; thence South 00 degrees 46 minutes 26 seconds East, assumed bearing along the west line of said Northwest Quarter of the Northeast Quarter, a distance of 131.09 feet to the actual point of beginning; thence North 66 degrees 46 minutes 44 seconds East, a distance of 9.68 feet; thence North 67 degrees 02 minutes 58 seconds East, a distance of 50.00 feet; thence easterly along a non-tangential curve concave to south having a central angle of 06 degrees 43 minutes 04 seconds, and a radius of 2,055.24 feet for an arc distance of 240.97 feet to east line of the West 284 feet of said Northwest Quarter of the Northeast Quarter,the chord of said curve bears North 71 degrees 00 minutes 23 seconds East; thence South 00 degrees 46 minutes 26 seconds East, not tangent to said curve, along said east line.of the West 284 feet of the Northwest Quarter of the Northeast Quarter, a distance of 266.33 feet to north line of the South 300 feet of the North 600 feet of said Northwest Quarter of the Northeast Quarter; thence North 89 degrees 08 minutes 11 seconds East, along said north line of the South 300 feet of the North 600 feet of the Northwest Quarter of the Northeast Quarter, a distance of 1,039.24 feet to the east line of said Northwest Quarter of the Northeast Quarter; thence South 00 degrees 34 minutes 07 seconds East, along said east line of the Northwest Quarter of the Northeast Quarter, a distance of 300.00 feet to the south line of the North 600 feet of said Northwest Quarter of the Northeast Quarter;thence South 89 degrees 08 minutes 11 seconds West, along said south line of the North 600 feet of the Northwest Quarter of the Northeast Quarter, a distance of 787.17 feet to the east line of the West 535 feet of said Northwest Quarter of the Northeast Quarter;thence South 00 degrees 46 minutes 26 seconds East, along said east line of the West 535 feet of the Northwest Quarter of the Northeast Quarter, a distance of 300.00 feet to south line of the North 900 feet of said Northwest Quarter of the Northeast Quarter; thence North 89 degrees 08 minutes 11 seconds East, along said south line of the North 900 feet of the Northwest Quarter of the Northeast Quarter a distance of 786.10 feet to the east line-of said Northwest Quarter of the Northeast Quarter; thence South 00 degrees 34 minutes 07 seconds East, along said east line of the Northwest Quarter of the Northeast Quarter, a distance of 326.80 feet to southeast corner of said Northwest Quarter of the Northeast Quarter; thence North 89 degrees 09 minutes 16 seconds West, along the south line of said Northwest Quarter of the Northeast Quarter, a distance of 1,320.45 feet to the southwest corner of said Northwest Quarter of the Northeast Quarter; thence North 00 degrees 46 minutes 26 seconds West, along said west line of the Northwest Quarter of the Northeast Quarter, a distance of 343.41 feet; thence South 89 degrees 13 minutes 34 seconds West, a distance of 271.50 feet; thence North 00 degrees 46 minutes 26 seconds West, a distance of 220.00 feet; thence North 81 degrees 47 minutes 24 seconds East, a distance of 99.29 feet; thence North 12 degrees 15 minutes 52 seconds East, a distance of 285.82 feet; thence North 05 degrees 05 minutes 59 seconds East, a distance of 69.19 feet; thence North 23 degrees 13 minutes 16 seconds West, a distance of 83.98 feet; thence North 66 degrees 46 minutes 44 seconds East, a distance of 144.49 feet to the point of beginning. ?1- STONEGATE CITY OF EDEN PRAIRIE HENNEPIN COUNTY,NIINNESOTA SUMMARY OF ORDINANCE NO.16-2002-PUD-11-2002 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA,ORDAINS: Summary: This ordinance allows rezoning of land located south of Pioneer Trail, west of Stable Path from the Rural Zoning District to the R1-13.5 Zoning District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen A.Porta,City Clerk Nancy Tyra-Lukens,Mayor PUBLISHED in the Eden Prairie News on (A full copy of the text of this Ordinance is available from City Clerk.) Wes! DEVELOPMENT AGREEMENT STONEGATE THIS AGREEMENT is entered into as of June 18, 2002, by Carlston, 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 Review on 28.82 acres, Planned Unit Development District Review with waivers on 28.82 acres,Zoning District Change from Rural to R1- 13.5 Zoning District on 26.62 acres,and Preliminary Plat of 28.82 acres into 45 lots and 1 outlots,legally described on Exhibit A(the"Property"); NOW,THEREFORE,in consideration of the City adopting Resolution No. for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review on 28.82 acres and Zoning District Change from Rural to R1-13.5 on 26.62 acres, and Resolution No. for Preliminary Plat. Developer agrees 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 ,reviewed and approved by the City Council on May 21, 2002, (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. ACCESS PERMIT: Prior to issuance of a permit for the construction of streets for the Property,Developer shall obtain from Hennepin County,a permit for access to Pioneer Trail (CSAH 1). Access shall include an eastbound right tum/bypass lane and a revision to the existing westbound auxiliary lane providing for bypass movements in accordance with Hennepin County requirements. The Developer shall provide a copy of said permits to the City Engineer. 4. DEVELOPER'S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a violation of City Code relating to use of the Land construction thereon or failure to fulfill an obligation imposed upon the Developer pursuant to this Agreement, City shall give 24 hour notice of such violation in order to allow a cure of such violation,provided however, City need not issue a building or occupancy permit for construction or occupancy on the Land while such a violation is continuing,unless waived by City. The existence of a violation of City Code or the failure to perform or fulfill an obligation required by this Agreement shall be determined solely and conclusively by the City Manager of the City or a designee. 5. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall release,defend and indemnify City,its elected and appointed officials,employees and agents from and against any and all claims, demands, lawsuits, complaints, loss, costs(including attorneys' fees), damages and injunctions relating to any acts, failures to act, errors, omissions of Developer or Developer's consultants,contractors,subcontractors,suppliers and agents. Developer shall not be released from its responsibilities to release, defend and indemnify because of any inspection,review or approval by City. 6. 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 grading plan shall include grading required to achieve 700 feet of entering sight distance to the east for the proposed street access as required by Hennepin County. 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 tr L �'d 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. Upon request by the City, Developer shall provide preconstruction and post construction surveys for evaluation by City. 7. GRADING IN THE WOODED AREAS ON SITE: Prior to grading within any of the wooded areas on the Property, delineated on Exhibit B,Developer shall submit to the City Forester and receive the City Forester's written approval of a plan depicting construction grading limits on the Property. Prior to the issuance of any land alteration permit,Developer shall place a construction fence on the approved construction grading limits. Developer shall notify the City and watershed district 48 hours in advance of grading so that the construction limit fence may be field inspected and approved by the City Engineer and City Forester. Developer shall maintain the construction limit fence until written approval is granted by the City to remove the fence. 8. PLANS FOR INDIVIDUAL HOME CONSTRUCTION: Prior to building permit issuance for each residential structure on each parcel of the Property,a Certificate of Survey for such parcel shall be submitted for review and written approval by the Building Department. The Certificate of Survey shall include a certification by the builder that construction of the residence is consistent with this Agreement and all exhibits attached hereto, and shall further contain the following information: A. Topography with 2 foot contour intervals for existing and proposed grades. Topography must be field verified. B. Location of structures with finished floor elevations. C. Retaining walls,type,height, and type of details. D. Location of sewer,water,gas and electric lines. E. Method of erosion control. F. Detailed grading plans. G. Location, sizes and type of all significant trees on site. H. No construction or grading within any conservancy easement area. I. No steepening of the natural slopes and walk out levels that meet natural grade J. Engineered design for footing, foundation, and retaining walls. 9. EXISTING PRIVATE DRIVEWAY EASEMENT: Prior to the release by the City of any portion of the final plat for the Property,Developer shall submit proof to the City Planner that a release of the private driveway easement recorded as document number has been filed with the Hennepin County Recorder's/Registrar of Titles'Office. 10. PUD WAIVERS GRANTED: The city hereby grants the following waivers to City Code requirements within the Rural and R1-13.5 District through the Planned Unit Development District Review for the Property and incorporates said waivers as part of PUD A. Rural lot size of 2 acres and an average lot width of 230 feet for Lot 1,Block 6. Code requires 10 acres and 300 feet,respectively. B. Front yard setback of 25 feet for Lots 7-10,Block 1, Lots 7-8,Block 4, and Lot 21, Block 1. City Code requires 30 feet. C. Alternative wetland buffer of 15 feet for Lots 20-21, Block 1. Code requires a 25- foot wetland buffer. 11. 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. 12. 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. 13. SIDEWALK AND TRAIL CONSTRUCTION: Prior to issuance by City of any building permit on the Property, Developer shall submit to the Director of Parks and Recreation Services and obtain the Director's written approval of detailed plans for sidewalks and trails to be constructed on the Property. 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 the north side of Street A as depicted in the Plans. B. A five-foot wide concrete sidewalk to be located along the east side of Street B from the intersection with Street A to Pioneer Trail as depicted in the Plans. 14. SPECIAL ASSESSMENT AGREEMENT: Prior to the release of a final plat for any portion of the Property,Developer agrees to sign an assessment agreement,in the form and substance as attached in Exhibit E,with the City for Stable Path Improvements,Crestwood Terrace Storm Sewer Improvements and Trunk Sewer and Water Assessments (Trunk Improvements). The assessments shall be as follows: (a) The Property will be assessed for Trunk Improvements on 27.11 acres for an amount of$140,972.00 (b). The Property will be assessed for the Crestwood Terrace Storm Sewer Improvements for an amount not to exceed$39,600.00. (c). The Property will be assessed for the Stable Path Improvements on a unit basis for a total of 45 units for an amount not to exceed$3,200 per unit. 15. STREET AND UTILITY PLANS: Prior to issuance by the City of any permit for the construction of public streets and utilities for the Property,Developer shall submit to the City Engineer, and obtain the City Engineer's written approval of plans for public streets, sanitary sewer,water and storm sewer. Street plans shall include the alignment of Street B with Riley Lake Road and access improvements on CSAH 1 (Pioneer Trail) as required by Hennepin County,including an eastbound right turn/bypass lane, a revision to the existing westbound auxiliary lane providing for bypass movements. 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. 16. TREE LOSS-TREE REPLACEMENT: There are 5,076 diameter inches of significant trees on the Property. Tree loss related to development on the Property is calculated at 2,000 diameter inches. Tree replacement required is 1,037 caliper inches.Prior to the issuance of any grading permit for the Property,Developer shall submit to the City Forester and receive the City Forester's written approval of a tree replacement plan for 1,037 caliper inches. This approved plan shall include replacement trees of a 3-inch diameter minimum size for a shade tree and a 7-foot minimum height for conifer trees. The approved plan shall also provide that, should actual tree loss exceed that calculated herein,Developer shall provide tree replacement on a caliper inch per caliper inch basis for such excess loss. Developer shall complete implementation of the approved tree replacement plan prior to occupancy permit issuance. 17. 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 prior to release of the final plat for any portion of the Property. If any unacceptable vegetation or other conditions are identified by the City,the wetland buffer strip shall be graded,treated, reseeded and/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. Prior to release of the final plat for any portion of the Property, Developer shall submit a signed contract with a qualified wetland consultant, as determined by the City Manager and/or designee, for preparation of annual Buffer Reports that evaluate the condition of the wetland(s)and wetland buffer strip(s). The Buffer Reports shall be submitted no later than October 1 of the calendar year in which the buffer evaluation is required. The Buffer Reports shall provide an action plan and proposed cost for correction of any problems identified. The final Buffer Report shall evaluate the wetland buffer strip vegetation after completion of two full growing seasons following completion of the development 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 conditions or vegetation are identified within the Buffer Reports, the buffer shall be re-landscaped by the Developer within 90 days of submission of the 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 F) 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 final plat for any portion of the Property,Developer shall install all wetland buffer strip monuments for the property. Wetland buffer strip monument locations shall be shown on the final grading plan and final plat. The post shall be a fiberglass reinforced composite post with a maximum size of 4 inch by 4 inch(4"x 4")that states"Wetland Buffer:No lq Mowing Allowed". The post shall be mounted to a height of a minimum of four feet above grade set at least 42 inches in the ground. The bottom of the post must be fitted with an anchor attachment that would expand upon attempted removal. Removal of the wetland buffer strip monuments is prohibited. D. Wetland Plan/Performance Bond: Prior to release of the final plat for any portion of the Property, Developer shall submit to the Environmental Coordinator and receive the Environmental Coordinator's approval of a Wetland Plan. The approved Wetland Plan shall be consistent with the materials and requirements 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. IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. CARLSTON,INC CITY OF EDEN PRAIRIE By Its Nancy Tyra-Lukens,Mayor By Its Scott H.Neal, City Manager STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2002, by Nancy Tyra-Lukens and Scott H.Neal,respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this _day of , 2002,by and the and respectively of Carlston,Inc, a Minnesota corporation, on behalf of the corporation . Notary Public EXIT A DEVELOPMENT AGREEMENT-STONEGATE HID Legal Description Legal Description Before Final PIat(translated from Tax records): The North 300.00 feet of the Northwest Quarter of the Northeast Quarter of Section 30,Township 116,Range 22,Hennepin County,Minnesota,lying easterly of the West 284.00 feet thereof,EXCEPT road. The West 284.00 feet of the North 300.00 feet of the Northwest Quarter of the Northeast Quarter of Section 30,Township 116,Range 22,Hennepin County,Minnesota,ALSO that part of the West 535.00 feet of said Northwest Quarter of the Northeast Quarter lying south of the North 300.00 thereof and lying north of a line run from a point on the east line of said West 535.00 a distance of 900.00 feet south from the north line of said Section 30 to a point on the west line of said West 535.00 a distance of 1075.00 feet south from the northwest corner of said Northwest Quarter of the Northeast Quarter,EXCEPT road. That part of the South 300.00 feet of the North 600.00 feet of the Northwest Quarter of the Northeast Quarter of Section 30,Township 116,Range 22 lying east of the West 535.00 feet thereof,EXCEPT road. That part of the Northwest Quarter of the Northeast Quarter of Section 30,Township 116,Range 22,Hennepin County,Minnesota,lying south of a line described as follows: Beginning at a point on the west line of said Northwest Quarter of the Northeast Quarter a distance of 1075.00 feet south from the northwest corner thereof;thence northeasterly to a point on the south line of the North 900.00 feet of said Northwest Quarter of the Northeast Quarter a distance of 535.00 feet east from the west line thereof;thence east along the south line of said North 900.00 feet to the east line thereof and there ending, EXCEPT road. That part of Government Lot 1,Section 30,Township 116,Range 22,Hennepin County,Minnesota and that part of Tract A,REGISTERED LAND SURVEY NO. 1410,files of the Registrar of Titles, said Hennepin County,Minnesota,described as follows: Beginning at the intersection of the east line of said Government Lot 1 and the north line of Tract B, said REGISTERED LAND SURVEY NO. 1410;thence west along said north line a distance of 271.50 feet;thence north at a right angle a distance of 220.00 feet;thence west at a right angle 90.00 feet;thence north at a right angle and parallel with and 15.00 feet west of the east line of said Tract A to the south line of County Highway No. 1;thence northeasterly along southerly right of way of highway to the east line of Government Lot No. 1;thence south to the point of beginning. Legal Description After Final Plat Lots 1-20,Block 1,Lots 1-6,Block 2,Lots 1-4,Block 3,Lots 1-10,Block 4,Lots 1-4,Block 5,Lot 1,Block 6,STONEGATE,Hennepin County,MN. L1 EXIT A DEVELOPMENT AGREEMENT -STONEGATE Rezoning Legal Description Legal Description Before Final Plat That part of the Northwest Quarter of the Northeast Quarter and that part of Government Lot 1,all in Section 30,Township 116,Range 22,Hennepin County,Minnesota,described as follows: Commencing at northwest corner of said Northwest Quarter of the Northeast Quarter;thence South 00 degrees 46 minutes 26 seconds East,assumed bearing along the west line of said Northwest Quarter of the Northeast Quarter, a distance of 131.09 feet to the actual point of beginning; thence North 66 degrees 46 minutes 44 seconds East,a distance of 9.68 feet;thence North 67 degrees 02 minutes 58 seconds East, a distance of 50.00 feet;thence easterly along a non-tangential curve concave to south having a central angle of 06 degrees 43 minutes 04 seconds,and a radius of 2,055.24 feet for an arc distance of 240.97 feet to east line of the West 284 feet of said Northwest Quarter of the Northeast Quarter,the chord of said curve bears North 71 degrees 00 minutes 23 seconds East;thence South 00 degrees 46 minutes 26 seconds East,not tangent to said curve,along said east line of the West 284 feet of the Northwest Quarter of the Northeast Quarter,a distance of 266.33 feet to north line of the South 300 feet of the North 600 feet of said Northwest Quarter of the Northeast Quarter; thence North 89 degrees 08 minutes 11 seconds East,along said north line of the South 300 feet of the North 600 feet of the Northwest Quarter of the Northeast Quarter,a distance of 1,039.24 feet to the east line of said Northwest Quarter of the Northeast Quarter;thence South 00 degrees 34 minutes 07 seconds East,along said east line of the Northwest Quarter of the Northeast Quarter, a distance of 300.00 feet to the south line of the North 600 feet of said Northwest Quarter of the Northeast Quarter; thence South 89 degrees 08 minutes 11 seconds West, along said south line of the North 600 feet of the Northwest Quarter of the Northeast Quarter, a distance of 787.17 feet to the east line of the West 535 feet of said Northwest Quarter of the Northeast Quarter;thence South 00 degrees 46 minutes 26 seconds East,along said east line of the West 535 feet of the Northwest Quarter of the Northeast Quarter, a distance of 300.00 feet to south line of the North 900 feet of said Northwest Quarter of the Northeast Quarter;thence North 89 degrees 08 minutes 11 seconds East,along said south line of the North 900 feet of the Northwest Quarter of the Northeast Quarter a distance of 786.10 feet to the east line of said Northwest Quarter of the Northeast Quarter;thence South 00 degrees 34 minutes 07 seconds East,along said east line of the Northwest Quarter of the Northeast Quarter,a distance of 326.80 feet to southeast corner of said Northwest Quarter of the Northeast Quarter; thence North 89 degrees 09 minutes 16 seconds West,along the south line of said Northwest Quarter of the Northeast Quarter,a distance of 1,320.45 feet to the southwest corner of said Northwest Quarter of the Northeast Quarter;thence North 00 degrees 46 minutes 26 seconds West,along said west line of the Northwest Quarter of the Northeast Quarter, a distance of 343.41 feet; thence South 89 degrees 13 minutes 34 seconds West, a distance of 271.50 feet; thence North 00 degrees 46 minutes 26 seconds West,a distance of 220.00 feet;thence North 81 degrees 47 minutes 24 seconds East, a distance of 99.29 feet;thence North 12 degrees 15 minutes 52 seconds East, a distance of 285.82 feet;thence North 05 degrees 05 minutes 59 seconds East,a distance of 69.19 feet;thence North 23 degrees 13 minutes 16 seconds West,a distance of 83.98 feet;thence North 66 degrees 46 minutes 44 seconds East,a distance of 144.49 feet to the point of beginning. Legal Description After Final Plat Lots 1-20, Block 1, Lots 1-6, Block 2, Lots 1-4, Block 3, Lots 1-10, Block 4, Lots 1-4, Block 5, STONEGATE,Hennepin County,MN. 17 EXHIBIT B DEVELOPMENT AGREEMENT - STONEGATE PLANS LIST OF MATERIALS 1. Cover Sheet dated 3-1-02 by Westwood Professional Services,Inc. 2. Existing Conditions dated 5-16-02 by Westwood Professional Services,Inc. 3. Preliminary Plat dated 5-16-02 by Westwood Professional Services, Inc. 4. Preliminary Grading,Drainage&Erosion Control Plan dated 5-16-02 by Westwood Professional Services, Inc. 5. Preliminary Utility Plan dated 5-16-02 by Westwood Professional Services,Inc. 6. Preliminary Tree Inventory/Preservation Plan dated 5-16-02 by Westwood Professional Services,Inc. 7. Preliminary Landscape/Tree Replacement Plan dated 5-16-02 by Westwood Professional Services,Inc. 8. Preliminary Plat with Adjacent Property Concepts dated 5-9-02 by Westwood Professional Services,Inc. • 1-13 1 7 �M EXHIBIT C DEVELOPMENT AGREEMENT - STONEGATE I. Prior to release of any building permit, Developer shall submit to the City Engineer for approval two copies of a development plan(1"=100'scale)showing existing and proposed contours,proposed streets,and lot arrangements and size,minimum floor elevations on each lot,preliminary alignment and grades for sanitary sewer,water main, and storm sewer, 100- year flood plain contours, ponding areas, tributary areas to catch basins, arrows showing direction of storm water flow on all lots,location of walks,trails, and any property deeded to the City. II. Developer shall submit detailed construction and storm sewer plans to the Watershed District for review and approval. Developer shall follow all rules and recommendations of said Watershed District. III. Developer shall pay cash park fees as to all of the Property required by City Code in effect as of the date of the issuance of each building permit for construction on the property. Presently, the amount of cash park fees applicable to the Property is $2,300 per unit. The amount to be paid by Developer shall be increased or decreased to the extent authorized pursuant to the City Code to require a greater or lesser amount as of the date of the issuance of any building permit for construction on the Property. IV. If Developer fails to proceed in accordance with this Agreement within twenty-four (24) months of the date hereof,Developer,for itself,its successors, and assigns, shall not oppose the City's reconsideration and rescission of any PUD, Rezoning, Site Plan Review and Preliminary Plat approved in connection with this Agreement,thus restoring the status of the Property before the Developer's Agreement and all approvals listed above were approved. V. Provisions of this Agreement shall be binding upon and enforceable against owners, their successors, and their assigns of the Property herein described. VI. The Developer hereby irrevocably nominates,constitutes, and appoints and designates the City as its attorney-in-fact for the sole purpose and right to amend Exhibit A hereto to identify the legal description of the Property after platting thereof. VII. Developer represents that it has marketable fee title to the Property, except: Corwin R. Davidson and Mary Jane D. Davidson, Daniel D. Horsfall and Katherine M.Horsfall,Steven J.Olsen and Pam Nelson,Dell Ora Ann Coleman With respect to any interest in all portions of the Property which Developer is required, pursuant to this Agreement,to dedicate or convey to the City(the "Dedicated Property"), c2Q Developer represents and warrants as follows now and at the time of dedication or conveyance: A. That Developer has marketable fee title free and clear of all mortgages, liens, and other encumbrances. Prior to final plat approval,Developer shall provide to the City a current title insurance policy insuring such a condition of title. B. That Developer has not used, employed, deposited, stored, disposed of, placed or otherwise allowed to come in or on the Dedicated Property,any hazardous substance, hazardous waste, pollutant, or contaminant, including, but not limited to, those defined in or pursuant to 42 U.S.C. §9601,et. seq.,or Minn. Stat., Sec. 115B.01,et. seq. (such substances,wastes,pollutants, and contaminants hereafter referred to as "Hazardous Substances"); C. That Developer has not allowed any other person to use, employ, deposit, store, dispose of,place or otherwise have,in or on the Property, any Hazardous Substances. D. That no previous owner, operator or possessor of the Property deposited, stored, disposed of, placed or otherwise allowed in or on the Property any hazardous substances. Developer agrees to indemnify, defend and hold harmless City, its successors and assigns, against any and all loss,costs,damage and expense,including reasonable attorneys fees and costs that the City incurs because of the breach of any of the above representations and warranties and/or resulting from or due to the release or threatened release of Hazardous Substances which were,or are claimed or alleged to have been, used, employed, deposited, stored, disposed of, placed, or otherwise located or allowed to be located, in or on the Dedicated Property by Developer,its employees, agents, contractors or representatives. VIII. Developer acknowledges that Developer is familiar with the requirements of Chapter 11, Zoning,and Chapter 12,Subdivision Regulations,of the City Code and other applicable City ordinances affecting the development of the Property. Developer agrees to develop the Property in accordance with the requirements of all applicable City Code requirements and City Ordinances. IX. Prior to release of the final plat,Developer shall pay to City fees for the first three(3)years' street lighting on the public streets adjacent to the Property(including installation costs,if any, as determined by electrical power provider), engineering review, and street signs. X. Developer shall submit detailed water main, fire protection, and emergency vehicle access plans to the Fire Marshal for review and approval. Developer shall follow all the recommendations of the Fire Marshal. XI. Developer acknowledges that the rights of City performance of obligations of Developer contemplated in this agreement are special,unique, and of an extraordinary character, and 1 that, in the event that Developer violates, or fails, or refuses to perform any covenant, condition, or provision made herein, City may be without an adequate remedy at law. Developer agrees,therefore,that in the event Developer violates,fails,or refuses to perform any covenant, condition, or provision made herein, City may, at its option, institute and prosecute an action to specifically enforce such covenant, withhold building permits or rescind or revoke any approvals granted by the City. No remedy conferred in this agreement is intended to be exclusive and each shall be cumulative and shall be in addition to every other remedy. The election of anyone or more remedies shall not constitute a waiver of any other remedy. XII. Developer shall,prior to the commencement of any improvements,provide written notice to Time Warner Cable, a Minnesota Limited Partnership, the franchisee under the City's Cable Communication Ordinance (80-33) of the development contemplated by this Developer's Agreement. Notice shall be sent to Time Warner Cable, 801 Plymouth Avenue North,Minneapolis,Minnesota 55411. MI. Prior to building permit issuance, all fees associated with the building permit shall be paid to the Inspections Department, including; Building permit fee, plan check fee, State surcharge, metro system access charge (SAC), City SAC and City water access charge (WAC),and park dedication. Contact Metropolitan Waste Control to determine the number of SAC units. XIV. Prior to building permit issuance, existing structures,walls and septic systems (if present) shall be properly abandoned or removed as required by City ordinance and all permits obtained through the Inspections Department. XV. Prior to building permit issuance,provide two copies of an approved survey or site plan(1" =200 scale) showing proposed building location and all proposed streets, with approved street names, lot arrangements and property lines. XVI. The City shall not issue any building permit for the construction of any building, structure, or improvement on the Property until all requirements listed in this Exhibit C have been satisfactorily addressed by Developer. XVII. No failure of the City to comply with any term,condition,covenant or agreement herein shall subject the City to liability for any claim for damages, costs or other financial or pecuniary charges.No execution on any claim, demand, cause of action or judgment shall be levied upon or collected from the general credit,general fund or taxing powers of the City. XVIII. Prior to issuance of the first building permit for the Property,Developer shall permanently demarcate the location of the boundary of the conservation easement on each lot property line or corner with permanent four-foot tall posts. A 2 %2 by 6 inch sign or decal reading "Scenic/Conservation Easement Boundary,City of Eden Prairie",will be affixed to the top of the post. EXHIBIT D DEVELOPMENT AGREEMENT - STONEGATE EROSION CONTROL POLICY - AUGUST 1, 1997 1. All construction projects permitted by the City of Eden Prairie which results in the temporary disturbance of vegetative or non-vegetative surfaces protecting soils from erosion require the use of Best Management Practices(BMP's) as outlined in the Minnesota Pollution Control Agency's manual,Protecting Water Quality in Urban Areas,to mitigate the impact of erosion on wetland and water resources. The City Engineer or the Director of Inspections may impose special conditions to permits which stipulate erosion control procedures and/or direct the installation of erosion control features or the clean up of erosion at construction sites. Permits affected by this policy include all grading permits,building permits, and permits for the installation of utilities. 2. All erosion control systems stipulated in the permit application shall be installed prior to the issuance of the permit. Supplemental erosion control systems ordered by the City Engineer or the Director of Inspections shall be installed within 48 hours of that order. 3. The applicant must maintain all erosion control systems in a functional condition until the completion of turf and/or structural surfaces, which protect the soil from erosion. The applicant must inspect erosion control biweekly and immediately after each rainfall event of .5 inches or more. Needed maintenance shall be performed within 48 hours. 4. Best Management Practices(BMP's)shall be utilized at all construction sites to minimize the trackage or spillage of soil on public streets or highways. BMP's may include, but are not limited to,rock construction entrances,washing stations,frequent cleaning of streets adjacent to the construction site or limiting operations when site conditions are unmanageable. Trackage or spillage of soil on a public street or highway must be cleaned by power sweepers within the time frame stipulated in the permit special conditions or as ordered by the City Engineer or the Director of Inspections. 5. If erosion breaches the perimeter of a construction site, the applicant shall immediately develop a clean up and restoration plans, obtain the right-of-entry from the adjoining property owner, and implement the clean up and a restoration plan within 48 hours of obtaining the adjoining property owner's permission. In the event eroded soils enter onto or are tracked or spilled on a public street,highway, sidewalk or trail,the applicant shall remove the soil material and thoroughly sweep the street or sidewalk surface within four hours. If eroded soils enter,or entrance appears imminent,into wetlands or other water bodies,clean up and repair shall be immediate. The applicant shall provide all traffic control and flagging required to protect the traveling public during the clean up operations. 6. When an applicant fails to conform to any provision of this policy within the time stipulated in a written notification,the City may take the following actions: a. Withhold the scheduling of inspections and/or the issuance of a Certificate of Occupancy or other approvals. b. Direct the correction of the deficiency by City personnel or separate contract. c. Withhold the issuance of building permits d. At its option,institute and prosecute an action to enjoin violations of this Agreement and/or an action to specifically enforce performance of this Agreement The issuance of a permit constitutes a right-of-entry for the City or its contractor to enter upon the construction site for the purpose of correcting deficiencies in erosion control. All costs, including but not limited to, attorneys' fees and engineering fees incurred by the City in correcting erosion control deficiencies or enforcing this policy shall be reimbursed by the applicant. All invoices for erosion control correction shall be due and payable within 30 days. Invoices not paid within 30 days shall accrue interest at a rate of 1%per month or the highest legal rate. Each charge for correction of erosion deficiencies shall be a lien upon the property to which • the permit applies. Invoices more than 30 days old on September 30 or any year or on any other date as determined by the City Engineer or the Director of Inspections may be assessed against the property. As a condition of the permit, the owner shall waive notice of any assessment hearing to be conducted by the City, concur that the benefit to the property exceeds the amount of the proposed assessment and waive all rights by virtue of Minnesota Statute 429.081 or otherwise to challenge the amount or validity of the assessment. I,We,The Undersigned,hereby accept the terms and conditions of the Erosion Control Policy dated August 1, 1997 as set forth and agree to fully comply therewith, to the satisfaction of the City of Eden Prairie,Minnesota. CARLSTON, INC. By: By: Its Applicant's Signature DEVELOPMENT NAME: Lot: Block: OWNER INFORMATION OWNER(PRINT): ADDRESS CITY STATE ZIP Dy 5LI EXIFITBIT E DEVELOPMENT AGREEMENT - STONEGATE AGREEMENT REGARDING SPECIAL ASSESSMENTS SSA No. AGREEMENT REGARDING SPECIAL ASSESSMENTS THIS IS AN AGREEMENT MADE THIS day of , 2002 between the City of Eden Prairie,a municipal corporation, (the"City") and (the"Owner"). A. The Owner hold legal and equitable title to the Property as described in Exhibit A, attached hereto, which property is the subject of this Agreement and is hereinafter referred to as the "Property". B. The Owner desires to develop the Property in such a manner that relies upon and requires the construction of the following public improvements: 1. City's trunk utility system, including trunk sanitary sewers, trunk watermains, wells and elevated storage facilities(all of which is hereafter referred to as the"Trunk Improvements"). 2. Storm sewer, concrete curb and gutter and bituminous street and trail, within Stable Path adjacent to the Property, (all of which is hereafter referred to as "Stable Path Improvements"). 3. Storm sewer improvements adjacent to the Property (which is hereafter referred to as "Crestwood Terrace Storm Sewer Improvements"). AGREEMENTS IT IS HEREBY AGREED as follows: 1. The Owner consents to the levying of assessments against the Property for the construction, and maintenance of the Trunk Improvements, Stable Path Improvements and Crestwood Terrace Storm Sewer Improvements as follows. (a). The Property will be assessed for Trunk Improvements on 27.11 acres for an amount of$140,972.00. (b). The Property will be assessed for the Crestwood Terrace Storm Sewer Improvements for an amount not to exceed$39,600.00. (c). The Property will be assessed for the Stable Path Improvements on a unit basis for aS 55 a total of 45 units for an amount not to exceed$3,200 per unit. 2. The City will prepare a Feasibility Report that will show proposed costs to be assessed against the Property and additional amounts to other lands for the Stable Path Improvements. The actual cost to be assessed against the Property for the Stable Path Improvements may differ from the amount in the Feasibility Report. Actual costs to be assessed against the Property for the Stable Path Improvements shall be determined in the same manner as reported in the Feasibility Report to be prepared with respect to these improvements. 3. The City has prepared a Feasibility Report that shows proposed costs to be assessed against the Property and additional amounts to other lands for the Crestwood Terrace Improvements. The actual cost to be assessed against the Property for the Crestwood Terrace Improvements may differ from the amount in the Feasibility Report. Actual costs to be assessed against the Property for the Crestwood Terrace Improvements shall be determined in the same manner as reported in the Feasibility Report prepared with respect to these improvements. 4. For purposes of determining the amount of the assessments,the costs of the Stable Path and Crestwood Terrace Storm Sewer Improvements shall include, in addition to actual construction costs, administrative, interest and engineering costs and fees incurred or paid by the City in relationship to construction of the Improvements and costs incurred for acquisition of easements and or right-of-way, including attorney fees. 5. The City's assessment records for the Property will show the assessments as a "pending assessment"until levied. 6. The Owner waives notice of any assessment hearing to be held at which hearing or hearings the assessments are to be considered by the City Council and thereafter approved and levied. 7. The Owner concurs that the benefit to the Property by virtue of the Crestwood Terrace Storm Sewer Improvements,the Stable Path Improvements and the Trunk Improvements exceed the amounts to be assessed in accordance with this Agreement. The Owner waives all rights it has by virtue of Minnesota Statute 429.081 or otherwise to challenge the amount or validity of the assessments, or the procedures used by the City in apportioning the assessments and hereby releases the City, its officers, agents and employees from any and all liability related to or arising out of the imposition or levying of the assessments against the Property as set forth above or validity of the assessments. 8. Special assessments levied against the Property shall be due and payable in installments,the first of which shall be payable commencing with the ad valorem taxes due and payable in the year following year the special assessments are levied. The City shall levy the Trunk Assessments and Crestwood Terrace Storm Sewer assessments in 2002. The City may levy assessments for Stable Path Improvements in the year the project is ordered by Council or any year thereafter. 9. This agreement shall be effective immediately. OWNERS CITY OF EDEN PRAIRIE CARLSTON,INC A Minnesota Municipal Corporation By: By: Its Nancy Tyra-Lukens,Mayor By: By: Its Scott H.Neal, City Manager STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2002, by Nancy Tyra-Lukens,the Mayor,and Scott H.Neal,the City Manager,of the City of Eden Prairie, a Minnesota municipal corporation,on behalf of the corporation. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2002,by and the and respectively of Carlston,Inc, a Minnesota corporation, on behalf of the corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie Engineering Division 8080 Mitchell Road Eden Prairie,MN 55344 EXHIBIT A DEVELOPMENT AGREEMENT -STONEGATE Legal Description Before Final Plat(translated from Tax records): The North 300.00 feet of the Northwest Quarter of the Northeast Quarter of Section 30,Township 116, Range 22, Hennepin County, Minnesota, lying easterly of the West 284.00 feet thereof, EXCEPT road. The West 284.00 feet of the North 300.00 feet of the Northwest Quarter of the Northeast Quarter of Section 30, Township 116,Range 22,Hennepin County,Minnesota, ALSO that part of the West 535.00 feet of said Northwest Quarter of the Northeast Quarter lying south of the North 300.00 thereof and lying north of a line run from a point on the east line of said West 535.00 a distance of 900.00 feet south from the north line of said Section 30 to a point on the west line of said West 535.00 a distance of 1075.00 feet south from the northwest corner of said Northwest Quarter of the Northeast Quarter,EXCEPT road. That part of the South 300.00 feet of the North 600.00 feet of the Northwest Quarter of the Northeast Quarter of Section 30,Township 116,Range 22 lying east of the West 535.00 feet thereof,EXCEPT road. That part of the Northwest Quarter of the Northeast Quarter of Section 30,Township 116,Range 22, Hennepin County,Minnesota,lying south of a line described as follows: Beginning at a point on the west line of said Northwest Quarter of the Northeast Quarter a distance of 1075.00 feet south from the northwest corner thereof; thence northeasterly to a point on the south line of the North 900.00 feet of said Northwest Quarter of the Northeast Quarter a distance of 535.00 feet east from the west line thereof;thence east along the south line of said North 900.00 feet to the east line thereof and there ending, EXCEPT road. That part of Government Lot 1, Section 30,Township 116,Range 22,Hennepin County,Minnesota and that part of Tract A,REGISTERED LAND SURVEY NO. 1410,files of the Registrar of Titles, said Hennepin County,Minnesota,described as follows: Beginning at the intersection of the east line of said Government Lot 1 and the north line of Tract B,said REGISTERED LAND SURVEY NO. 1410;thence west along said north line a distance of 271.50 feet;thence north at a right angle a distance of 220.00 feet;thence west at a right angle 90.00 feet;thence north at a right angle and parallel with and 15.00 feet west of the east line of said Tract A to the south line of County Highway No. 1;thence northeasterly along southerly right of way of highway to the east line of Government Lot No. 1;thence south to the point of beginning. Legal Description After Final Plat Lots 1-20,Block 1,Lots 1-6,Block 2,Lots 1-4,Block 3,Lots 1-10,Block 4,Lots 1-4,Block 5,Lot 1,Block 6, STONEGATE,Hennepin County,MN. Sri EXHIBIT F DEVELOPMENT AGREEMENT - STONEGATE CONSERVATION/SCENIC EASEMENT THIS EASEMENT AGREEMENT is made this day of ,2002 by and between , a Minnesota Corporation,hereinafter referred to as"Grantor," and the CITY OF EDEN PRAIRIE, a Minnesota municipal corporation, hereinafter referred to as "City"; WHEREAS,Grantor is the fee owner of land located in Hennepin County,Minnesota,more fully described in Exhibit A, attached hereto and made a part hereof, and said land hereinafter referred to as "the Property"; and, WHEREAS, Grantor has marketable title to the Property, free and clear of all liens, mortgage, and encumbrances, except: WHEREAS, Grantor and City wish to enter into an agreement which will grant to the City a conservancy/scenic easement for conservation and preservation of the terrain and vegetation, and to prohibit certain destructive acts thereon, over that portion of the subdivision as described in Exhibit A,hereinafter referred to as the "Easement Area", attached hereto; NOW,THEREFORE,in consideration of the premises contained herein,it is agreed by the parties as follows: 1. Grantor hereby conveys to City and its successors and assigns a conservation and scenic easement in, under, on, and over the `Basement Area", and City hereby accepts such conveyance. 2. The following terms and conditions shall apply to the Easement Area: A. The Easement Area shall be preserved predominantly in its natural condition. No trees, shrubs or other vegetation shall be planted or removed from the Easement Area without the prior written consent of the City. The City will consider removal of noxious weeds, as defined by Minnesota Statutes Sections 18.76-18.88, upon submission and approval of a Vegetation Removal Plan. No vegetation cutting,fertilizer application or placement of turfgrass, such as Kentucky bluegrass,shall occur within the Easement Area. B. Wetland buffer monuments must be placed at the boundaries of the wetland buffer strip as shown on Exhibit B. Removal of the wetland buffer strip monuments is not allowed. C. No building,road, sign,billboard,utility, or other structures shall be placed in the Easement Area without the prior written consent of City. D. No trash, waste, or other offensive material, soil, or landfill shall be placed upon or within the Easement Area without the prior written consent of the City. E. No change in the general topography of the Easement Area landscape, including,but not limited,to excavation, dredging,movement, and removal or placement of soil,shall be allowed within the Easement Area without the prior written consent of the City. F. Grantor may,no more than once per calendar year,remove sediment caused by stormwater drainage into a stormwater ponding area. Any removal of sediment must be pre-approved in writing by the City and be in accordance with City and Wetland Conservation Act guidelines. Landscaping must be replaced in accordance with the requirements outlined in this Conservation Easement. 3. With respect to the Easement Area, Grantor represents and warrants as follows: A. That Grantor has marketable title free and clear of all liens,encumbrances and mortgages. B. That Grantor has not used, employed,deposited, stored, disposed of,placed or otherwise allowed to come in or on the Easement Area, any hazardous substance, hazardous waste, pollutant, or contaminant, including, but not limited to,those defined in or pursuant to 42 U.S.C. § 9601,et.seq.,or Minn. Stat., Sec. 115B.01, et. seq. (such substances, wastes, pollutants, and contaminants hereafter referred to as "Hazardous Substances"); C. That Grantor has not allowed any other person to use, employ, deposit, store, dispose of, place or otherwise have, in or on the Easement Area, any Hazardous Substances; D. That no previous owner, operator or possessor of the easement area, deposited, stored, disposed of, placed, or otherwise allowed in or on the Easement Area any Hazardous Substances; Grantor agrees to indemnify,defend and hold harmless City,against any and all loss, costs, damage and expense,including reasonable attorneys fees and costs that City incurs because of the breach of any of the above representations or warranties and/or resulting from or due to the inaccuracy or falsity of any representation or warranty 30 6-D herein. 4. Grantor agrees to maintain the Easement Area subject to the provisions stated herein. 5. The duration of this easement is perpetual and shall bind and inure to the benefit of the parties,their successors, and assigns. 6. Nothing contained herein shall impair any right of City now held or hereafter acquired to construct or maintain public utilities in or on the Easement Area. 31 IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. GRANTOR CARLSTON,INC CITY OF EDEN PRAIRIE BY ITS Nancy Tyra-Lukens,Mayor BY ITS Scott H.Neal,City Manager • STATE OF MINNESOTA ) • ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2002, by Nancy Tyra-Lukens and Scott H.Neal,respectively the Mayor and the City Manager of the City of Eden Prairie,a Minnesota municipal corporation,on behalf of said corporation. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2002,by and the and respectively of Carlston,Inc, a Minnesota corporation,on behalf of the corporation. Notary Public CITY COUNCIL AGENDA DATE: 06/18/02 SECTION: Consent Agenda SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development Donald R.Uram Hennepin County Library Y_ - �e Scott A.Kipp Requested Action Move to: • Approve 2nd Reading of the Ordinance for Planned Unit Development District Review with waivers on 6.12 acres and Zoning District Amendment within the C-Reg-Ser Zoning District on 6.12 acres; and • Adopt the Resolution for Site Plan Review on 6.12 acres; and • Approve the Development Agreement for Hennepin County Library. Synopsis This project is for remodeling of the existing Lund's building for a new library and retail use, located at 565 Prairie Center Drive. The City Council granted 1st Reading of the Ordinance for PUD District Review and Zoning District Amendment in July 2001,but the County postponed the project at that time. Attachments 1. Ordinance for PUD District Review with waivers and Zoning District Amendment 2. Resolution for Site Plan Review 3. Developer's Agreement HENNEPIN COUNTY LIBRARY CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 18-2002-PUD-13-2002 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CERTAIN LAND WITHIN A ZONING DISTRICT, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land")is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be amended within the Commercial Regional Service Zoning District 18-2002-PUD-13-2002 (hereinafter"PUD-13- 2002-C-Reg-Ser). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of June 18, 2002, entered into between Hennepin County and the City of Eden Prairie, (hereinafter "Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD-13-2002-C-Reg-Ser, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-13-2002-C-Reg-Ser is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-13-2002-C-Reg-Ser 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-13-2002-C-Reg-Ser are justified by the design of the development described therein. D. PUD-13-2002-C-Reg-Ser 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. COL Section 5. The proposal is hereby adopted and the land shall be, and hereby is amended within the Commercial Regional Service District and shall be included hereafter in the Planned Unit Development 13-2002-C-Reg-Ser, 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 10th day of July, 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 18th day of June, 2002. ATTEST: Kathleen A. Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on 3 _5 EXHIBIT A PUD and Zoning District Amendment Legal Description — Hennepin County Library Lot 1 and Lot 2,Block 1,RDA Center,Hennepin County,MN. HENNEPIN COUNTY LIBRARY CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO. 18-2002-PUD-13-2002 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 565 Prairie Center Drive within the Commercial Regional Service Zoning District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen A. Porta, City Clerk Nancy Tyra-Lukens,Mayor PUBLISHED in the Eden Prairie News on the (A full copy of the text of this Ordinance is available from City Clerk.) HENNEPIN COUNTY LIBRARY CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2002- A RESOLUTION GRANTING SITE PLAN APPROVAL FOR HENNEPIN COUNTY LIBRARY BY HENNEPIN COUNTY WHEREAS, Hennepin County, has applied for Site Plan approval of Hennepin County Library on 6.12 acres for construction of a new library and retail within the Commercial Regional Service Zoning District on 6.12 acres by an Ordinance approved by the City Council on June 18,2002; and WHEREAS, the Community Planning Board reviewed said application at a public hearing at its June 11, 2001 meeting and recommended approval of said site plans; and WHEREAS, the City Council has reviewed said application at a public hearing at its July 10,2001 meeting. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval be granted to Hennepin County, for the construction of a library and retail space, based on plans dated June 22, 2001, between Hennepin County, and the City of Eden Prairie. ADOPTED by the City Council of the City of Eden Prairie this 18th day of June, 2002. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen A.Porta, City Clerk 6 DEVELOPER'S AGREEMENT HENNEPIN COUNTY LIBRARY THIS AGREEMENT is entered into as of June 18,2002,by Hennepin County, a Minnesota political subdivision,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 6.12 acres, Planned Unit Development District Review on 6.12 acres, Zoning District Amendment within the C-Reg-Ser Zoning District on 6.12 acres, Site Plan Review on 6.12 acres, legally described on Exhibit A(the"Property"); NOW,THEREFORE,in consideration of the City adopting Resolution No. 2001-111 for Planned Unit Development Concept Amendment, Ordinance No. for Planned Unit Development District Review and Zoning District Amendment within the C-Reg-Ser Zoning District, 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 stamp dated June 22,2001,reviewed and approved by the City Council on July 10,2001, (hereinafter the "Plans") and identified on Exhibit B, subject to such changes and modifications as provided herein. 2. EXIIIBIT 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 fmal 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. -76 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. 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. PROOF OF PARKING SPACES: Developer and City acknowledge that the 29 proof of parking spaces proposed for the Property, depicted in the Plans, are not required to be 1 `7 � 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. 12. SIGNS: Developer agrees that for each sign which requires a permit by Eden Prairie City Code,Section 11.70,Developer shall file with the City Planner and receive the City Planner's written approval of an application for a sign permit. The application shall include a complete description of the sign and a sketch showing the size, location, the manner of construction, and other such information as necessary to inform the City of the kind, size, material construction, and location of any such sign, consistent with the sign plan shown on the Plans and in accordance with the requirements of City Code, Section 11.70, Subdivision 5a. 13. SITE LIGHTING: Prior to building permit issuance, Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for site lighting on the Property. All pole lighting shall consist of downcast shoebox fixtures. Developer shall complete implementation of the approved lighting plan prior to issuance of any occupancy permit for the Property. 14. TRASH: Developer agrees that all trash, trash receptacles and recycling bins shall at all times be located inside of the building. 10 -� IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. HENNEPIN COUNTY CITY OF EDEN PRAIRIE Chair of its County Board Nancy Tyra-Lukens,Mayor Assistant/Deputy/County Administrator Scott H.Neal, City Manager Attest: Deputy/Clerk of County Board STATE OF MINNESOTA ) ) ss. COUNTY,OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2002, by Nancy Tyra-Lukens and Scott H.Neal, respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2002,by and and respectively the and and , of Hennepin County, a Minnesota political subdivision, on behalf of the County. Notary Public 11 EXHIBIT A Project Name Legal Description: - Lot 1 and Lot 2,Block 1,RDA Center,Hennepin County,MN. 7L EDIT S LO—Title Page, dated 5/31/01,by Damon Farber Associates D1—Demolition&Removals Plan,dated 5/31/01,by Damon Farber Associates Ll—Site Plan, dated 5/31/01,and updated 8/3/01,by Damon Farber Associates L2—Grading Plan,dated 5/31/01,by Damon Farber Associates L3—Paving Plan,dated 5/31/01,by Damon Farber Associates IA—Landscape Plan,dated 5/31/01,by Damon Farber Associates L5—Details Sheet,dated 5/31/01,by Damon Farber Associates Cl—Sewer And Water Utilities, dated 6/1/01,by Sunde Engineering,Inc. A-1—Floor Plan, dated 6/1/01,by Frederick Bentz/Milo Thompson/Robert Rietow,Inc. A-2—Exterior Elevations,dated 6/1/01,by Frederick Bentz/Milo Thompson/Robert Rietow, Inc. Existing Conditions,not dated,by Schoell&Madson,Inc. 13 755 DEVELOPER'S AGREEMENT EXHIBIT C Prior to release of any building permit, Developer shall submit to the City Engineer for approval two copies of a development plan(1"=100' scale) showing existing and proposed contours,proposed streets, and lot arrangements and size,minimum floor elevations on each lot,preliminary alignment and grades for sanitary sewer,water main, and storm sewer, 100- year flood plain contours, ponding areas, tributary areas to catch basins, arrows showing direction of storm water flow on all lots, location of walks,trails, and any property deeded • to the City. II. Developer shall submit detailed construction and storm sewer plans to the Watershed District for review and approval. Developer shall follow all rules and recommendations of said Watershed District. III. If Developer fails to proceed in accordance with this Agreement within twenty-four (24) months of the date hereof,Developer, for itself,its successors, and assigns, shall not oppose the City's reconsideration and rescission of any PUD Concept Amendment, PUD District Review, Zoning Amendment, or Site Plan Review approved in connection with this Agreement,thus restoring the status of the Property before the Developer's Agreement all approvals listed above were approved. IV. Provisions of this Agreement shall be binding upon and enforceable against owners, their successors, and their assigns of the Property herein described. V. The Developer hereby irrevocably nominates, constitutes, and appoints and designates the City as its attorney-in-fact for the sole purpose and right to amend Exhibit A hereto to identify the legal description of the Property after platting thereof. VI. Developer represents that it has marketable fee title to the Property, except: INSERT ANY NAME/COMPANY LISTED IN ANY OWNER'S SUPPLEMENT TO THE DEVELOPER'S AGREEMENT) With respect to any interest in all portions of the Property which Developer is required, pursuant to this Agreement, to dedicate or convey to the City(the "Dedicated Property"), Developer represents and warrants as follows now and at the time of dedication or conveyance: A. That Developer has marketable fee title free and clear of all mortgages, liens, and other encumbrances. Prior to release of the final plat,Developer shall provide to the City a current title insurance policy insuring such a condition of title. B. That Developer has not used, employed, deposited, stored, disposed of, placed or otherwise allowed to come in or on the Dedicated Property,any hazardous substance, hazardous waste, pollutant, or contaminant, including, but not limited to, those defined in or pursuant to 42 U.S.C. SS 9601,et. seq., or Minn. Stat., Sec. 115B.01, et. seq. (such substances,wastes,pollutants,and contaminants hereafter referred to as "Hazardous Substances"); C. That Developer has not allowed any other person to use, employ, deposit, store, dispose of,place or otherwise have,in or on the Property,any Hazardous Substances. D. That no previous owner, operator or possessor of the Property deposited, stored, disposed of, placed or otherwise allowed in or on the Property any hazardous substances. Developer agrees to indemnify,defend and hold harmless City, its successors and assigns, against any and all loss, costs,damage and expense,including reasonable attorneys fees and costs that the City incurs because of the breach of any of the above representations and warranties and/or resulting from or due to the release or threatened release of Hazardous Substances which were, or are claimed or alleged to have been,used, employed,deposited, stored, disposed of, placed, or otherwise located or allowed to be located, in or on the Dedicated Property by Developer, its employees,agents, contractors or representatives. VII. Developer acknowledges that Developer is familiar with the requirements of Chapter 11, Zoning,and Chapter 12, Subdivision Regulations,of the City Code and other applicable City ordinances affecting the development of the Property. Developer agrees to develop the Property in accordance with the requirements of all applicable City Code requirements and City Ordinances. VIII. Developer shall submit detailed water main, fire protection, and emergency vehicle access plans to the Fire Marshal for review and approval. Developer shall follow all the recommendations of the Fire Marshal. IX. Developer acknowledges that the rights of City in the performance of obligations of Developer contemplated in this Agreement are special, unique, and of an extraordinary character, and that, in the event Developer violates, or fails, or refuses to perform any covenant, condition, or provision made herein, City maybe without an adequate remedy at law. Developer agrees, therefore, that in the event Developer violates, fails, or refuses to perform any covenant,condition, or provision made herein, City may, at its option,institute and prosecute an action to specifically enforce such covenant,withhold building permits or rescind or revoke any approvals granted by the City. No remedy conferred in this Agreement is intended to be exclusive and each shall be cumulative and shall be in addition to every other remedy. The election of anyone or more remedies shall not constitute a waiver of any other remedy. X. Developer shall,prior to the commencement of any improvements,provide written notice . to Time Warner Cable, a Minnesota Limited Partnership, the franchisee under the City's Cable Communication Ordinance (80-33) of the development contemplated by this 1 S 17 Developer's Agreement. Notice shall be sent to Time Warner Cable, 801 Plymouth Avenue North,Minneapolis,Minnesota 55411. XI. Prior to building permit issuance, all fees associated with the building permit shall be paid to the Inspections Department, including; Building permit fee, plan check fee, State surcharge, metro system access charge (SAC), City SAC and City water access charge (WAC). Contact Metropolitan Waste Control to determine the number of SAC units. XII. Prior to building permit issuance, existing structures,walls and septic systems (if present) shall be properly abandoned or removed as required by City ordinance and all permits obtained through the Inspections Department. XIII. Prior to building permit issuance,provide two copies of an approved survey or site plan(1" =200 scale) showing proposed building location and all proposed streets, with approved street names, lot arrangements and property lines. XIV. The City shall not issue any building permit for the construction of any building, structure, or improvement on the Property until all requirements listed in this Exhibit C have been satisfactorily addressed by Developer. XV. No failure of the City to comply with any term,condition,covenant or agreement herein shall subject the City to liability for any claim for damages, costs or other financial or pecuniary charges. No execution on any claim, demand, cause of action or judgment shall be levied upon or collected from the general credit, general fund or taxing powers of the City. XVI. Prior to issuance of the first building permit for the Property,Developer shall permanently demarcate the location of the boundary of the conservation easement on each lot property line or corner with permanent four-foot tall posts. A 2 %2 by 6 inch sign or decal reading "Scenic/Conservation Easement Boundary, City of Eden Prairie",will be affixed to the top of the post. I -1S EDIT D EROSION CONTROL POLICY August 1, 1997 1. All construction projects permitted by the City of Eden Prairie which results in the temporary disturbance of vegetative or non-vegetative surfaces protecting soils from erosion require the use of Best Management Practices(BMP's) as outlined in the Minnesota Pollution Control Agency's manual,Protecting Water Quality in Urban Areas,to mitigate the impact of erosion on wetland and water resources. The City Engineer or the Director of Inspections may impose special conditions to permits which stipulate erosion control procedures and/or direct the installation of erosion control features or the clean up of erosion at construction sites. Permits affected by this policy include all grading permits,building permits,and permits for the installation of utilities. 2. All erosion control systems stipulated in the permit application shall be installed prior to the issuance of the permit. Supplemental erosion control systems ordered by the City Engineer or the Director of Inspections shall be installed within 48 hours of that order. 3. All erosion control systems must be maintained by the applicant in a functional condition until the completion of turf and/or structural surfaces,which protect the soil from erosion. The applicant must inspect erosion control biweekly and immediately after each rainfall event of.5 inches or more. Needed maintenance shall be performed within 48 hours. 4. Best Management Practices(BMP's)shall be utilized at all construction sites to minimize the trackage or spillage of soil on public streets or highways. BMP's may include,but are not limited to,rock construction entrances,washing stations,frequent cleaning of streets adjacent to the construction site or limiting operations when site conditions are unmanageable. Trackage or spillage of soil on a public street or highway must be cleaned by power sweepers within the time frame stipulated in the permit special conditions or as ordered by the City Engineer or the Director of Inspections. 5. If erosion breaches the perimeter of a construction site, the applicant shall immediately develop a clean up and restoration plans, obtain the right-of-entry from the adjoining property owner, and implement the clean up and a restoration plan within 48 hours of obtaining the adjoining property owner's permission. In the event eroded soils enter onto or are tracked or spilled on a public street,highway,sidewalk or trail,the applicant shall remove the soil material and thoroughly sweep the street or sidewalk surface within four hours. If eroded soils enter,or entrance appears imminent,into wetlands or other water bodies,clean up and repair shall be immediate. The applicant shall provide all traffic control and flagging required to protect the traveling public during the clean up operations. 6. When an applicant fails to conform to any provision of this policy within the time stipulated in a written notification,the City may take the following actions: 1� `79 a. Withhold the scheduling of inspections and/or the issuance of a Certificate of Occupancy or other approvals. b. Direct the correction of the deficiency by City personnel or separate contract. c. Withhold the issuance of building permits d. At its option,institute and prosecute an action to enjoin violations of this Agreement and/or an action to specifically enforce performance of this Agreement The issuance of a permit constitutes a right-of-entry for the City or its contractor to enter upon the construction site for the purpose of correcting deficiencies in erosion control. All costs, including but not limited to, attorneys' fees and engineering fees incurred by the City in correcting erosion control deficiencies or enforcing this policy shall be reimbursed by the applicant. All invoices for erosion control correction shall be due and payable within 30 days. Invoices not paid within 30 days shall accrue interest at a rate of 1%per month or the highest legal rate. Each charge for correction of erosion deficiencies shall be a lien upon the property to which the permit applies. Invoices more than 30 days old on September 30 or any year or on any other date as determined by the City Engineer or the Director of Inspections maybe assessed against the property. As a condition of the permit, the owner shall waive notice of any assessment hearing to be conducted by the City, concur that the benefit to the property exceeds the amount of the proposed assessment and waive all rights by virtue of Minnesota Statute 429.081 or otherwise to challenge the amount or validity of the assessment. I,We,The Undersigned,hereby accept the terms and conditions of the Erosion Control Policy dated August 1, 1997 as set forth and agree to fully comply therewith to the.satisfaction of the City of Eden Prairie,Minnesota. By: By: Owner's Signature Applicant's Signature DEVELOPMENT NAME: Lot: Block: OWNER INFORMATION OWNER(PRINT): ADDRESS CITY STATE ZIP U - Barb Struve-rehab --- ._._ . Page 1 From: David Lindahl To: Barb Struwe Date: 6/12/02 11:11AM Subject: rehab send app to: Rose Nolan 15451 Trillium Circle EP 55344 thanks David P. Lindahl Housing & Redevelopment Authority Manager City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344-4485 (952)949-8484 (952)949-8392 (Fax) dlindahl@edenprairie.org at 7 CITY COUNCIL AGENDA DATE: June 18,2002 SECTION: Consent Calendar SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Public Works Final Plat Approval of Oakparke Estates 5th ,.� Engineering Services Addition ILE Randy Slick/ Eugene A.Dietz Requested Action Move to: Adopt the resolution approving the final plat of Oakparke Estates 5th Addition. Synopsis This proposal, located south of Pioneer Trail and east of Stable Path consists of 24.0 acres to be divided into 61 single family lots and right of way dedication for street purposes. This is a replat of Outlots A,B and C Oakparke Estates 3rd Addition. Background Information The preliminary plat was approved by the City Council June 6, 2000. Second Reading of the Rezoning Ordinance and final approval of the Developer's Agreement was completed on July 18,2000. The resolution includes a variance to City Code 12.20 Subd.2.A waiving the requirement for final plat approval within six months of preliminary plat approval. Approval of the final plat is subject to the following conditions: • Receipt of engineering fee in the amount of$2,897.50 • Receipt of street lighting fee in the amount of$7,274.70 • Satisfaction of bonding requirements for the installation of public improvements • Execution of Special Assessment Agreement for trunk utility improvements, Sable Path Improvements and watermain improvements adjacent to Crestwood Park. • The requirements as set forth in the Developer's Agreement • Provide a list of areas(to the nearest square foot) of all lots, outlots and road right-of- ways certified by surveyor . Attachments Drawing of final plat CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF OAKPAR E ESTATES 5TH ADDITION WHEREAS, the plat of Oakparke Estates 5th Addition has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects'consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW,THEREFORE,BE IT RESOLVED by the Eden Prairie City Council: A. Plat approval request for Oakparke Estates.5th Addition is approved upon compliance with the recommendation of the City Engineer's report on this plat dated June 18, 2002. B. Variance is herein granted from City Code 12.20 Subd. 2.A. waiving the six-month maximum time lapse between the approval date of the preliminary plat and filing of the final plat as described in said engineer's report. C. That the City Clerk is hereby directed to supply a certified copy of this resolution to the owners and subdivision of the above named plat. D. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on June 18, 2002. Nancy Tyra-Lukens,Mayor ATTEST: SEAL Kathleen A.Porta, City Clerk • -- ' N89432'03-E • -. ... /• —-- • 1 300.00 - S685 ~ � t--1 -/ ! IT': 7 / m 4U,Au A. 1 m ra ma hl J O NNO£ \. ,/ _� .1:� E. 0GG°j \, I L��I • 1 o A CO �,� •♦ t A ., • I c No ; I ., , : - �. 1 r\-.1 .! 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I I I I I I� I I' ` ti �- �1 11 I . 11 j1 �� 1 I l i l s i 11 1 ' 1 P '- a ..n • L a._ 1 C o :c :0 616.88•N8770.08`W . • '"r• 0 > - a„ - 9 o 9 CO CO k "K =s -t'ELv I Ai . _ _ z;E => r P 19 ' - T i- I .. Err i _ O .n : I a s CITY COUNCIL.AGENDA DATE: June 18,2002 SECTION: Consent Calendar SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Public Works Final Plat Approval of Prairie Medical Center Engineering Services Y/L.. Randy Slick/ Eugene A.Dietz Requested Action • Move to: Adopt the resolution approving the final plat of Prairie Medical Center. Synopsis This proposal is located at 800 Prairie Center Drive. The plat consists of 6.62 acres to be divided into two lots. Lot 1 consists of a 14,800 square foot expansion to the existing Fairview Clinic. Lot 2 consists of a new two-story 28,4000 square foot medical office building. This is a replat of Lot 1 and 2,Block 1, Datasery Business Center Background Information The preliminary plat was approved by the City Council March 19, 2002. Second Reading of the Rezoning Ordinance and final approval of the Developer's Agreement was completed on April 16,2002. Approval of the final plat is subject to the following conditions: • Receipt of engineering fee in the amount of$742.90 • Receipt of street lighting fee in the amount of$583.94 • The requirements as set forth in the Developer's Agreement • Provide a list of areas (to the nearest square foot) of all lots, outlots and road right-of- ways certified by surveyor • Prior to release of final plat, Developer shall pay to the City the amount of$5,000.00. Developer acknowledges that this payment and installation of the stormceptor is in lieu of an on-site NURP facility. • Revision to plat to include boundary drainage and utility easements to Lot 1 and Lot 2. Attachments Drawing of final plat CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF PRAIRIE MEDICAL CENTER WHEREAS, the plat of Prairie Medical Center has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW,THEREFORE,BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: A. Plat approval request for Prairie Medical Center is approved upon compliance with the recommendation of the City Engineer's report on this plat dated June 18, - 2002. B. That the City Clerk is hereby directed to supply a certified copy of this resolution to the owners and subdividers of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on June 18, 2002. Nancy Tyra-Lukens,Mayor ATTEST: SEAL Kathleen A.Porta, City Clerk µj ' — ° - = - O C L..O G i 9 " <.'e rd 4 6d��i a0i I 3 O Y es-C 8 Y.i920 _> 1111 g atrEEB En • is 8 :a- , a . x ys .e W " 4 gi ,f14.34 WI iF IA` ri•9:1 O a O. Ox to S. y SSS s iNt ° - i4Era tp7 7 ^o ;e g . aamoo: ill e - " stir se �{ " e �'o sa _ !Mg ►Ea € � Ccc ' a $� L'a :°=s � ' NIA i c .. a i' _ - '6;• i --. o r4. re of 5.Th;,; W . o ) " uti -w t€ ° r s - - E f. fs !_ m` = 5= b _ _ r� ! _ &o W iio 1 b > s b a A :g='ue=4or a sa � o Q q = a s= a = ' s: s � i4s -s d a. 1 a $ - ari � _`= oam ao 3.— a. . V -.- I' mN W Z Q311Y74Nri I W T __.. 00'OC9 i-00.8040 C I Y �./ -4 1 r ��s�}tr�g �.� T —1 silk r__r_1- y Aj vt) �, , N n �� / 4P / Q4 ,. Y 1Y/ / �i n / / a // CVti. �x ;� / / a / . / r O 3 /1 . rq/ / 449:. 0 * * o t// a / '� . 4�/ / 0J 4 Cc, / 00 / / / / / (P 4i�� i y j +!p // / 8 . / �^ s 0, 1.*:\ / // -'- #C3— \ du "rtr / / gi . \ / / / SA al y / 3 CITY COUNCIL AGENDA DATE: June 18,2002 SECTION: Consent Calendar SERVICE AREA/DIVISION: 1'1'EM DESCRIPTION: LC.96-5405 ITEM NO.: Engineering Services Approve Professional Services Agreement for • Rodney W.Rue Additional Services for the CSAH 4/Valley Eugene A.Dietz View Road Project Requested Action Move to: Approve Professional Services Agreement with SRF Consulting Group for additional services for the CSAH 4/Valley View Road project. Synopsis This agreement provides engineering and related services associated with further layout development, parkland conversion, and preparation of plats for Valley View Road (near Round Lake Park and the Eden. Prairie High School). The estimated costs of these services is $38,280.00. These services will be financed with Municipal State Aid funds. Background Information The additional services requested are the result of the discovery of several issues related to the original construction of Valley View Road, mainly parkland acquisition using LAWCON federal funds and a mutually agreeable litigation resolution/agreement with the school district and the city. The services proposed include drafting a preliminary layout further west along Valley View Road, which would include the intersection of Haines Way/High School entrance, and to prepare final plats for Valley View Road. In addition, the consultant will assist us in preparing documentation for converting and replacing the LAWCON parkland associated with establishing right-of-way along this section of Valley View Road. It will also be necessary to amend the resolution/agreement with the school district regarding Valley View Road. Attachments Professional Services Agreement CONSULTING GROUP , INC . Transportation•Civil•Structural•Environmental•Planning■Traffic■Landscape Architecture■Parking - Proposal No.P02212 • June 3, 2002 Mr. Rod Rue,P.E. Assistant City Engineer CITY OF EDEN PRAIRIE 8080 Mitchell Road Eden Prairie,MN 55344-2230 SUBJECT: PROPOSAL FOR ADDITIONAL PROFESSIONAL SERVICES CSAH 4/VALLEY VIEW ROAD RECONSTRUCTION Dear Rod: As requested, we are pleased to submit this proposal for additional professional services for the referenced project. Our current work on the project was outlined in our proposal dated January 8, 2002, and comprehended preliminary and final design of improvements at the CSAH 4 and Valley View Road intersection. Since starting work on the project, it has been discovered that any improvement to Valley View Road west of CSAH 4 will require parkland conversion and a revised agreement with the school • district. As you requested, we have developed the following scope of services and costs to assist the City of Eden Prairie in developing a preliminary layout for Valley View Road to west of Hames Way, the parkland conversion (6f) process, and preparation of plats to document the right-of-way. As part of the conversion process, all properties involved (e.g., land to be converted and replacement land) will need cultural resources clearance. We have included the 106 Group, Ltd. as a subconsultant to perform the required Phase I Investigation. SCOPE OF SERVICES 1) Extend preliminary layout to west of Hames Way o Survey area at Hames Way to supplement existing mapping. o Prepare layout and present to the City, school district, and other interested parties. o Make revisions as necessary. One Carlson Parkway North, Suite 150, Minneapolis, MN 55447-4443 Telephone (763) 475-0010 ■ Fax (763) 475-2429 ■ http://www.srfconsulting.com An Equal Opportunity Employer ELL Mr.Rod Rue -2- June 3,2002 Scope of Services (Continued) 2) Parkland Conversion (6f)Process [The City of Eden Prairie will identify replacement lands and prepare a location and site map; and, will complete property acquisitions negotiations, all required property appraisals, and prepare amendments to the initial contracts.] o Coordinate subconsultants work and summarize the results of the subconsultant's Phase I cultural resources investigation of the converted and replacement lands. o Prepare Environmental Assessment Statement for the 6(f) land to be converted and replacement land. o Complete and submit application for conversion. • o Coordinate and meet with the City and other agencies (assumes one meeting with the City of Eden Prairie and one meeting with the Department of Natural Resources). 3) Final Plats o Prepare and submit two final plats. The project, currently proposed by the City and County, will be one plat. The second will cover the ultimate extension of the • widening on Valley View Road from just east of the pedestrian bridge to Hames Way. o Revise final plats based on City and County reviews. o Submit signed final plats for recording. • o Place monuments in the field. • BASIS OF PAYMENT AND COST • We propose to be reimbursed for our services on an hourly basis for actual time expended at our previously approved rates. Other direct expenses, such as printing, supplies, reproduction, etc., will be reimbursed at cost, and mileage will be reimbursed at the current allowable IRS rate for business miles. Subconsultant fees will be passed through with no additional markup. Invoices will be submitted on a monthly basis for work performed the previous month. Payment is due within 30 days. Based on our understanding of the project, we estimate our costs to be as follows: 1) Extend preliminary layout to west of Hames Way $ 5,400.00 2) Parkland Conversion (6f)Process $17,500.00 Phase I Cultural Resource Investigation(106 Group,Ltd.) $ 4,880.00 3) Final Plats $10,500.00 TOTAL $38,280.00 3 Mr.Rod Rue -3- June 3,2002 We will not exceed this figure without your approval. The attached general conditions are incorporated into this proposal and Professional Services Agreement. NOTICE TO PROCEED AND SCHEDULE A signed copy of this proposal or separate letter of authorization will serve as notice to proceed. We will begin work immediately thereupon and complete the project within a mutually agreed upon schedule. We sincerely appreciate the opportunity to continue assisting the City of Eden Prairie with this project. If you have any questions,please feel free to call us. Sincerely, SRF CONSULTING GROUP,INC. , /ZONSC"--- 1i ., es R.Dvorak,P.E. ce President JRD/bls Attachment APPROVED: CITY OF EDEN PRAIRIE Mayor Date City Manager Date q3 CITY OF EDEN PRAIRIE GENERAL CONDITIONS Consultant Agreement SECTION 1: PROJECT INFORMATION by Consultant's negligence. 1.1 City will provide to Consultant all known information 2.5 City agrees to render reasonable assistance requested by regarding existing and proposed conditions ofthe site or which Consultant to enable performance of work without delay or affects the work to,be performed by Consultant. Such interference,and upon request of Consultant,to provide a suitable information shall include, but not be limited to site plans, workplace. surveys, known hazardous waste or conditions, previous laboratory analysis results,written reports,soil boring logs and 2.6 City will be responsible for locating and identifying all applicable regulatory site response(Project Information). subterranean structures and utilities. Consultant will take reasonable precautions to avoid damage or injury to subterranean 1.2 City will transmit to Consultant any additions,updates,or structures and utilities identified and located by City and/or revisions to the Project Information as it becomes available to representatives of Utility Companies. City,its subcontractors or consultants. SECTION 3: SAMPLES 1.3 City will provide an on-site representative to Consultant within 24 hours upon request, to aid, define, supervise, or 3.1 Consultant may retain at its facility selected soil,water, or coordinate work or Project Information as requested by material samples for a maximum of 30 days after completion of Consultant. the work and submission of Consultant's report,which samples shall remain the property of City. Unless otherwise directed by 1:4 Consultant will not be liable for any decision,conclusion, the City,Consultant may dispose of any samples after 30 days. recommendations, judgement or advice based on any inaccurate information furnished by City, or other 3.2 Disposal of contaminated or hazardous waste samples is the subcontractors or consultants engaged by City. responsibility of City. After said 30 days,City will be responsible to select and arrange for lawful disposal procedures that include SECTION 2: SITE LOCATION,ACCESS,PERMITS, removal of samples from Consultant's custody and transporting APPROVALS AND UTILITIES them to a disposal site. City may request, or if City does not arrange for disposal, Consultant may deliver samples to City, 2.1 City will indicate to Consultant the property lines of the freight collect,or arrange for lawful disposal and bill City at cost site and assume responsibility for accuracy of markers. plus 15%. 2.2 City will provide for right-of-way for Consultant personnel SECTION 4: FEE PAYMENT/CLAIMS and equipment necessary to perform the work. 4.1 Consultant will submit invoices to City monthly,and a final 2.3 City will be solely responsible for applying for and invoice upon completion of work. Invoices will show charges obtaining permits and approvals necessary for Consultant to based on the current Consultant Fee Schedule or other documents perform the work. Consultant will assist City in applying for as attached. and obtaining such permits and approvals as needed. It is understood that City authorizes Consultant to act as agent for 4.2 To receive any payment on this Contract,the invoice or bill City for City's responsibilities under this section including must include the following signed and dated statement: "I declare signing certain forms on City's behalf such as Right-of-Way under penalty of perjury that this account, claim, or demand is forms. just and correct and that no part of it has been paid." 2.4 While Consultant will take reasonable precautions to 4.3 The balance stated on the invoice shall be deemed correct minimize any damage to property,it is understood by City that unless City notifies Consultant,in writing,of the particular item in the normal course of the work some damage may occur. that is alleged to be incorrect within ten (10) days from the The correction of any damage is the responsibility of City or, invoice date. Consultant will review the alleged incorrect item at City's direction,the damage may be corrected by Consultant within ten(10)days and either submits a corrected invoice or a and billed to City at cost plus 15%. Notwithstanding the statement indicating the original amount is correct. above,Consultant agrees to be responsible for damage caused City of Eden Prairie General Conditions Consultant Agreement December 2000 Page 1 of 4 9 4.4 Payment is due upon receipt of invoice (or corrected to mislead others by omitting certain aspects contained in the invoice)and is past due sixty(60)days from invoice date. On report. past due accounts,City will pay a finance charge of 1.5%per month on the unpaid balance,or the maximum allowed by law, 5.5 Consultant will consider Project Information as confidential whichever is Iess,until invoice is fully paid. and will not disclose to third parties information that it acquires, uncovers, or generates in the course of performing the work, 4.5 If City fails to pay Consultant within sixty (60) days except as and to the extent Consultant may,in its sole discretion, following invoice date, Consultant may deem the default a deem itself required by law to disclose. breach of its agreement, terminate the agreement, and be relieved of any and all duties under the agreement. City SECTION 6: DISPUTES/LIMITATIONS OF REMEDIES however,will not be relieved of Fee Payment responsibilities by the default or termination of the agreement. 6.1 In the event of a breach of Contract by City,the Consultant shall not be entitled to recover punitive,special or consequential 4.6 City will be solely responsible for applying for and damages or damages for loss of business. obtaining any applicable compensation fund reimbursements from various state and federal programs. Consultant may 6.2 City will pay all reasonable litigation or collection expenses assist City in applying for or meeting notification including attorney fees that Consultant incurs in collecting any requirements,however. Consultant makes no representations delinquent amount City owes under this agreement. or guarantees as to what fund reimbursement City may receive. Consultant shall not be liable for any reductions from 6.3 If City institutes a suit against Consultant,which is dismissed, reimbursement programs made for any reason by state or dropped,or for which judgement is rendered for Consultant,City federal agencies, except as may be caused by Consultant's will pay Consultant for all costs of defense, including attorney negligence. fees,expert witness fees and court costs. 4.7 City may withhold from any final payment due the 6.4 If Consultant institutes a suit against City,which is dismissed, Consultant such amounts as are incurred or expended by the dropped,or for which judgement is rendered for City,Consultant City on account of the termination of the Contract. will pay City for all costs of defense, including attorney fees, expert witness fees and court costs. SECTION 5: OWNERSHIP OF DOCUMENTS 6.5 Dispute Resolution 5.1 Consultant will deliver to City certain reports as instruments of the professional work or services performed 6.5.1 Mediation pursuant to this Agreement. All reports are intended solely for City,and Consultant will not be liable for any interpretations All claims, disputes and other matters in question (hereinafter made by others. "claim")between the parties to this Agreement,arising out of or relating to this Agreement or the breach thereof,shall be subject 5.2 City agrees that all reports and other work furnished to to mediation. If the parties have not resolved the dispute within City,or City's agents or representatives,which are not paid for, thirty(30)days of receipt of a written complaint,each party may will be returned to Consultant upon demand and will not be require the dispute be submitted for mediation. If the parties are used by City for any purpose. unable to agree on a mediator within ten (10)days following a request for mediation,either party may request that a mediator be 5.3 Unless otherwise agreed, Consultant will retain all appointed by the Fourth Judicial District Court. The parties agree pertinent records or reports concerning work and services to share equally all fees incurred in the mediation. performed for a period of at least two(2)years after report is submitted. During that time the records will be made available The parties shall submit to mediation for a minimum of eight(8) to City during Consultant's normal business hours. City may hours. The parties agree that the mediation proceedings are obtain reproducible copies of all software, manuals, maps, private and confidential. If, at the end of eight hours of drawings, logs and reports at cost, plus 15%, for data and mediation,the parties have not resolved the dispute, the parties materials not being provided as part of the scope of work for may agree to extend hours of mediation. the project. 6.5.2 Arbitration 5.4 City may use the Consultant report in its entirety and may make copies of the entire report available to others. However, At the option of the party asserting the same,a claim between the City shall not make disclosure to others of any portions or parties to this Agreement, arising out of or relating to this excerpts of a report constituting less than the entire report,or Agreement or the breach thereof, whereby the party or parties City of Eden Prairie General Conditions Consultant Agreement Decemler2000 Page 2 of4 t 9 5 asserting the same claims entitlement to damages or payment 7.3 Although data obtained from discrete sample locations will be of less than S25,000.00 in aggregate may be decided by used to infer conditions between sample locations no guarantee arbitration in accordance with the Construction Industry may be given that the inferred conditions exist because soil, Arbitration Rules of the American Arbitration Association then surface and groundwater quality conditions between sample existing unless the parties mutually agree otherwise. In the locations may vary significantly, and because conditions at the event any person shall commence an action in any court for time of sample collection may also vary significantly with respect any claim arising out of or relating to this Agreement or the to soil,surface water and groundwater quality at any other given breach thereof or the Project or construction thereof or any time and for other reasons beyond Consultant's control. contract for such construction, the party making a claim in arbitration may dismiss such proceedings(unless the hearing 7.4 Consultant will not be responsible or liable for the on the claim has commenced)and elect to assert its claim in interpretation of its data or report by others. such action if such party could have done so but for the provisions of this Paragraph. SECTION 8: GENERAL INDEMNIFICATION • The parties agree to bear equal responsibility for the fees of 8.1 Consultant will indemnify and hold City harmless from and AAA,including the arbitrator(s). Judgement upon the award against demands,damages,and expenses caused by Consultant's rendered by the arbitrator(s) may be entered in any court negligent acts and omissions, and breach of contract and those having jurisdiction thereof. negligent acts, omissions, and breaches of persons for whom Consultant is legally responsible. City will indemnify and hold In the event that arbitration services are not available from Consultant harmless from and against demands, damages, and AAA,either party may request that an arbitrator be appointed expenses caused by City's negligent acts and omissions, and • by the Fourth Judicial District Court. breach of contract and those acts, omissions, and breaches of persons for whom City is legally responsible. 6.5.3 Compliance SECTION 9: INSURANCE/WORKER'S The parties deem the dispute resolution procedure as set forth COMPENSATION herein to be an integral and essential part of this Agreement. A parry's failure to comply in all respects with this procedure 9.1 Consultant represents and warrants that it has and will shall be a substantial breach of this Agreement. The maintain during the performance of this agreement Worker's arbitrator(s)shall be authorized to assess costs and attomey's Compensation Insurance coverage required pursuant to Minn. fees against a party that has failed to comply with the Stat. 176.181,subd.2 and that the Certificate of Insurance or the procedure in all respects,and,may as a condition precedent to written order of the Commissioner of Commerce permitting self arbitration,require the parties to mediate in accordance with insurance of Worker's Compensation Insurance coverage Section 6.5.1 hereof. provided to the City prior to execution of this agreement is current and in force and effect. SECTION 7: STANDARD OF CARE 9.2 Consultant shall procure and maintain professional liability 7.1 Because no sampling program can prove the non-existence insurance for protection from claims arising out of professional or non-presence of contaminated conditions or materials services caused by any negligent act,error or omission for which throughout the "entire" site or facility, Consultant cannot Consultant is legally liable. warrant,represent, guarantee, or certify the non-existence or non-presence, or the extent of existence or presence, of 9.3 Certificate of insurance will be provided to City upon request. contaminated conditions or materials, and City's obligation under this agreement will not be contingent upon Consultant's SECTION 10: TERMINATION delivery of any warranties, representations, guarantees, or certifications. 10.1 The agreement between Consultant and City may be terminated by either party upon thirty-(30)days written notice. 7.2 Consultant's opinions,conclusions,recommendations,and report will be prepared in accordance with the proposal,scope 10.2 If the agreement is terminated prior to completion of the of work, and Limitations of Environmental Assessments and project, Consultant will receive an equitable adjustment of no warranties,representations,guarantees,or certifications will compensation. be made. Except that Consultant warrants that hardware and software will perform as represented in proposal and other parts of this agreement. City of Eden Prairie General Conditions Consultant Agreement December 20110 Page 3 of4 SECTION 11: ASSIGNMENT - SECTION 17: DATA PRACTICES ACT COMPLIANCE 11.1 Neither party may assign duties,rights or interests in the 17.1 The Consultant shall at all times abide by Minn.Stat 13.01 performance of the work without obtaining the prior written et seq., the Minnesota Government Data Practices Act, to the consent of the other party, which consent will not be extent the Act is applicable to data and documents in the unreasonably withheld. possession of the Consultant. SECTION 12: DELAYS SECTION 18: DISCRIMINATION 12.1 If Consultant is delayed in performance due to any cause In performance of this contract, the Consultant shall not beyond its reasonable control, including but not limited to discriminate on the grounds of or because of race,color,creed, strikes,riots,fires,acts of God,governmental actions,actions religion,national origin,sex,marital status,status with regards to of a third party, or actions or inactions of City, the time for public assistance,disability,sexual orientation,or age against any performance shall be extended by a period of time lost by employee of the Consultant,any subcontractor of the Consultant, reason of the delay. Consultant will be entitled to payment for or any applicant for employment. The Consultant shall include a its reasonable additional charges,if any,due to the delay. similar provision in all contracts with subcontractors to this Contract. The Consultant further agrees to comply will all aspects SECTION 13: EXTRA WORK of the Minnesota Human Rights Act,Minn. Stat.363.01,et seq., Title VI of the Civil Rights Act of 1964,and the Americans with 13.1 Extra work, additional compensation for same, and Disabilities Act of 1990. extension of time for completion shall be covered by written amendment to this agreement prior to proceeding with any SECTION 19: CONFLICTS extra work or related expenditures. No salaried officer or employee of the City and no member of the SECTION 14: WITHHOLDING TAXES Board of the City shall have a financial interest,direct or indirect, in this contract. The violation of this provision renders the 14.1 No final payment shall be made to the Consultant until Contract void. Any federal regulations and applicable state the Consultant has provided satisfactory evidence to the City statutes shall not be violated. that the Consultant and each of its subcontracts has complied with the provisions of Minn. Stat. 290.92 relating to SECTION 20: ENTIRE AGREEMENT withholding of income taxes upon wages. A certificate by the Commissioner of Revenue shall satisfy this requirement. 18.1 This Agreement contains the entire understanding between the City and Consultant and supersedes any prior written or oral SECTION 15: AUDITS agreements between them respecting the written subject matter. There are no representations, agreements, arrangements or 15.1 The books, records, documents and accounting understandings, oral or written between City and Consultant procedures and practices of the Consultant or other parties relating to the subject matter of this Agreement which are not relevant to this Agreement are subject to examination by the fully expressed herein. City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this 18.2 The agreement between Consultant and City may be Contract. modified only by a written amendment executed by both City and Consultant. SECTION 16: PAYMENT TO SUBCONTRACTORS 18.3 This agreement is governed by the laws of the State of 16.1 The Consultant shall pay to any Subcontractor within ten Minnesota. (10)days of the Consultant's receipt of payment from the City for undisputed services provided by the Subcontractor. The Consultant shall pay interest of one and a half percent (1-1/2%)per month or any part of a month to a Subcontractor on any undisputed amount not paid on time to the Subcontractor. The minimum monthly interest penalty payment for an unpaid balance of$100.00 or more is$10.00. For an unpaid balance of less than $100.00, the Consultant shall pay the actual amount due to the Subcontractor. City of Eden Prairie General Conditions Consultant Agreement December 2000 Page 4of4 61'1 CITY COUNCIL AGENDA DATE: June 18,2002 SECTION: Consent Calendar SERVICE AREA/DIVISION: ITEM DESCRIPTION: I.C.95-5385 ITEM NO.: Engineering Services Approve Xcel Energy Construction Contract Rodney W.Rue for Installation of Street Lights along Portions IC Eugene A.Dietz of Prairie Center Drive and Technology Drive Requested Action Move to: Approve Xcel Energy Construction Contract for installation of street lights along portions of Prairie Center Drive and Technology Drive. Synopsis • This contract is for 24 decorative streetlights (30-foot green aluminum poles with round "hat box" fixtures) and 4 temporary streetlights along Prairie Center Drive (from TH 312 ramp/Technology Drive to Singletree Lane) and Technology Drive (from Prairie Center Drive to Purgatory Creek). This contract contemplates future installation of the pedestrian "globe" fixtures along the west side of Prairie Center Drive and the north side of Technology Drive, as per the "Major Center Area's Design Framework" guidelines. The estimated cost of this work is $162,300, which will be deducted from our Developer's Agreement Fund that has been established with Xcel Energy(formerly Northern States Power). Background Information According to the "Major Center Area's Design Framework" guidelines, additional decorative streetlights would be installed on these sections of Prairie Center Drive and Technology Drive. When Technology Drive is widened by ADC, the balance of the decorative streetlights are proposed to be installed along Technology Drive and Mitchell Road. The guidelines also contemplate pedestrian-style "globe" fixtures along the upgraded trail from Singletree Lane extending along the west side of Prairie Center Drive to the north side of Technology Drive and ending at the City Center. It is anticipated that these pedestrian lights will be installed concurrently with or after the upgraded sidewalk/trail construction along Prairie Center Drive and Technology Drive. Attachments Xcel Energy Construction Contract t �� t.n? Xcel Energy" 9'Y OUTDOOR LIGHTING 1971 Gateway Boulevard Arden Hills,Minnesota 55112-2750 Construction Contract Company Owned Equipment C'i,stomer:City of Eden Prairie Billing Address:8080 Mitchell Road City:Eden Prairie State:MN Zip Code:55344 Project charges of:One hundred sixty-two thousand three hundred Dollars:$162,300.00 In accordance with the following terms of payment:To be deducted from the Developers Agreement Fund For Association or City of:City of Eden Prairie Streetlights/Facilities Location:TechnologyDrive near SW Metro to Prairie Center Drive and along Prairie Center Drive from the Highway 5 bridge to Single Tree Lane Service consisting of: The installation of a Group 5 streetlight system consisting of the following material: . 24-250 Watt HPS Hatbox fixtures- Green 24- 30'round aluminum poles- Green 26- 8"screw in anchor bases 2-MNDOT approved feed point cabinets Approximately7,926'of PVC conduit with#6 and#8 copper wire installed by plow,bore and hand dig methods 4-250 Watt cut off Cobra heads on 30'direct buried fiberglass poles to be used as temporary streetlights Black dirt and seed restoration Monthly energy/maintenance fee of$9.30 Prices valid for 30 days Customer and Xcel Energy Outdoor Lighting agree to the attached terms and conditions. Dated this day of 20 Dated this day of 20 Customer. City of Eden Prairie Xcel Energy Outdoor Lighting Signature: Signature: Name: Title: Lighting Consultant Title: Signature: Name: Title: XCEL ENERGY USE ONLY Date: 5/31/ Div: edina Xcel Energy Outdoor Lighting Consultant Olson Xcel EnergyProject Number. EDPR ODL AAQ Xcel EnetgyProgtietaty&Confidential 5/31/2002 S:\Centre-Pointe-CP\ODL\Cnntncts\ N 2 Signanues\Construction doc Page 1 of 2 Xcel Ener 9' sMy OUTDOOR LIGHTING 1971 Gateway Boulevard Arden Hills,Minnesota 55112-2750 In this agreement,Northern States Power Company,a Minnesota corporation d/b/a Xcel Energy is called"Xcel Energy"and the Customer is called"I"or"my".Customer and Xcel Energy agree to the following terms and conditions: 1. Request for Outdoor Lighting Services.I request that Xcel Energy install outdoor lighting at the location designated above and/or the approximate location as shown on the attached exhibit.I grant Xcel Energy any right, privilege and easement to install,operate and maintain its underground facilities on the property. 2. Installation Requirements.I agree that,prior to Xcel Energy starting work:(1)the route of Xcel Energy's service installation shall be accessible to Xcel Energy's equipment;(2)I will remove all obstructions from the route at no cost or expense to Xcel Energy;(3)I will clearly mark all septic tanks,drain-fields,sprinkler systems,water wells, owner-installed electric or pipeline facilities,or other customer-owned facilities in the installation route;and(4)the ground elevation along the route shall not be above or more than four inches below the final grade.Xcel Energy will contact the appropriate agency to locate 3th party utility facilities(phone,cable,etc.)on myproperty.I agree Xcel Energy is not responsible for damage to customer-owned underground facilities not marked at the time of outdoor lighting service installation. 3. Installation Cost Contribution.I agree to pay an installation cost contribution provided in Project Charges on page one.I understand that I am responsible for any additional installation costs incurred byXcel Energy because of(1)soil conditions that impair the installation of underground facilities,such as rock formations,etc.,and(2) sidewalks,curbing,black top,paving,sod or other landscaping and obstructions along the cable route,such as extensive existing underground facilities,etc. 4. Winter Construction Charges.I understand Winter Construction Charges may apply if underground facilities are installed between October 1 and April 15.When construction scheduling does not permit installation of underground facilities to be completed prior to October 1 or after April 15 and Xcel Energy determines winter conditions exist,I agree to pay Winter Construction Charges if I request Xcel Energy to complete the construction during aforementioned time. Xcel Energy will agree to complete installation at my request if winter condition exists with a frost line of less than 6 inches.If winter conditions exist with a frost line 6 inches or above,construction will be scheduled for after April 15. 5. Restoration.Xcel Energy will restore the boulevard and will backfill the service trench on my property with existing soil so the trench is level and dean.I am responsible for the final compacting,loam,seeding,sod or watering of service trench at my expense unless otherwise noted on page one of this contract.I will also be responsible for restoration in areas where I have exposed my underground facilities listed above. • 6. Relocating Facilities.I agree to pay the cost of relocating any portion of underground facilities made to accommodate me or required due to altering of grade,additions to structures,installation of patios,decks,gardens, sidewalks,curbing,paving,blacktop,sod,landscaping or any other condition which makes maintenance of the Xcel Energy's facilities impractical. 7. Ownership of Facilities.The entire ornamental streetlight system including underground cables,conduit,posts, lamps,ballast,starters,photocells,and glassware installed byXcel Energy,shall be the property of Xcel Energy.I have no ownership interests or rights in these facilities.Anypayments I or my contractor make shall not give entitlement to any ownership interest or rights therein. 8. Maintenance.I request and authorize Xcel Energy to maintain the entire streetlight system under the terms and conditions as described in my current Operations&Maintenance signed contract with Xcel Energy and this shall be effective upon completion date of the streetlight installation. /00 Xcel EnergyProprietarp&Confident l 5/31/21302 S\Centro-Pointe-CP\ODL\Contracts\MN2 Signatures\Construction doc Page 3 of 2 CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda June 18,2002 SERVICE AREA/DIVISION: Public Works Service Area h EM DESCRIPTION: Shady Oak Estates—Aeration System ITEM NO.: Leslie Stovring Installation . Through Eugene Dietz Requested Action Move to: Approve Installation of an Aeration System within the Conservation Easement established for Shady Oak Estates Synopsis Mr. Paul Robinson with Bancor Group has requested that the City allow installation of an aeration system within the central pond at Shady Oak Estates. The aeration system proposed is a diffuse, with an inversion and oxygenation system and is not a fountain system that sprays water into the air. Staff recommends approval of the system with a minimum amount of structural improvements for ' • installation of the electrical equipment within the existing conservation easement. The aeration system will be owned and maintained by the Homeowner's Association. Background Information Shady Oak Estates has a shallow, low quality pond (Wetland 2-14-A) within the center of the development that develops an algae bloom each summer. The development is currently finishing their landscaping within the wetland buffer,which includes removal and replacement of invasive plant species with native grasses,flowers and shrubs. The homeowners around the pond have also requested installation of an aeration system to assist in reduction of algae blooms during the summer. Staff recommends the following: • Install a diffuser type system and not a fountain to maintain a natural look to the open water areas. A diffuser is constructed to move water with the least amount of turbulence without clogging. • Screen the electrical equipment with shrubs and native grasses. The most visible portion of the system will be the outdoor cabinet to house the electrical equipment for the pump. • Install the electrical equipment along the roadway to the south or east, or beside the retaining wall on the west side. • Establish maintenance responsibility with the Homeowner's Association framework. The developer shall be responsible for all maintenance until the Association is established and funded. Maintenance will include filter replacement approximately every 3 months and upkeep of the equipment and screening vegetation. Attachments /Of The Bancor Group, Inc. • 404. . r May 28,2002 • Leslie A.Stovring • Environmental Coordinator City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344-4485 United States of America Dear Leslie Stovring: I am writing to request the City's permission to use an inversion and oxygenation system for improving the quality of the pond in our Shady Oak Estates development. As you know we have looked at a number of options for improving the quality and appearance of this pond. This system,sold by Clean-Flo,seems to be the best solution and has the most interest of the property owners in this development. Attached is a brochure from Clean-Flo explaining the product,the process it uses,and some locations where it has been used. Clean-Flo also has a web site with additional information(www.clean-flo.com). We would like to install this pump as soon as possible so the sooner you can give us the go ahead the better. Sincerely, 1 I Ro. ,on Development Manager The Bancor Group • 14 - 3-ic —"O a O .. Lane �• /001, }, =.. << 'f_ • � x v:+Y�" ..„,,,`>s-QL�".,,ci':, .., .„, 'r�':'�i•:.._ xi=•,.:�„,`_ `-,Y.s .'"`.�+—"ice'_ _ 3�.s= �._ a - _ i• 'S'+..r- •,+ --;-,_L :z•-=.mot"? "Fi•e -"�-;-:f - CU A FLO COIITh'UO 1116 i' Flow :••:•p::: .-,. .....7-,-;-.,M.....-....,-,,-.--.,•-• ---,-....,.r.".71'... .••••-":,-,,-•:.-----,'•`-----.`,'''..SZ."7-r--..--,--......--7-7:::-.7t7 1- ','7-f '• ..;---, s- � �Tv ' 1. .n v • .4, +•-_iy 5 L ,�'t .,s�k,,r �„ v�: _�'- .- y •,,_•p_.• ,.._ L _Y _{ _ ,i'.- ici yi.,4yeta a• ['"� , a, t o"al .,1fi-' -,!4 '` �.iti 137 aiY :ia s1,: y ja ii1rt-.- _� .F 4.ea _'b•'-..may. {`' .1 Yj- I:. •"L?,,,,,,, ,.• � _ i:J�1�„%� -' -I iY 7s�„ -I .'�a 3 a r-, 3�, L, i_�tt 17141 -'�t>>J o.�:.f1..-.;� l%"-i•t �' -�L . •i,..'+t13 3•II/7I -JJ1 i- 131 1 ,, '.i '' �, ty'i ce,, a-.. 7.1 3 '•"ti t-a Jel�y 3'1S J11 L Isl 1!+.}• 3 ..': ,L'+ jh ^ ?' 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F:.._ 4: •G �; +.• 7 x,,.a •o Reduction of-bottom.organic sediments" ?, 0 Maximum flow possible 1 ,. 0 Less3weeds and algae r ;''.:.ri' Corriplete'=treatment surface fo bottom o Improved•water`quality,•higher transparency;i 0 1Vlaximum energy savings • •:o pish kill prevention --` r `, o_:Superior_results for water quality-improvement . • -"•-o Improved health and growth of fish. , Self cleaning diffuser*- • . .o-:Elimin•ation of foul odors • - ti •O�.Non turbulent flow • o Less pathogenic bacteria ..�_j.4- rtL "'.� J Ate:, • �� • - ' .''.�,8e J �s� • • �r.J- Durable and attactive out- _- ', I :n t1 ht ,'x door cabinet, in various sixes, = •.. }�l it ` ` �' f' u" a,.> A W t, , 4 designed to blend •in •with the -.r w -1rt.(/' - - �� »^r -" „Y• Y.ti t+-. r•"T r Y c*--�4+"` -' r„ c natural environment. /74 �,..a.....'.a *.,,•'n, .„_,,, .'_.. •'tr �„------, ,'..Y."✓ �v,�.tea•..' +'x± ` }� �:fv r/' < :"` % !#a ` "^vxL .m' : a r .4 �. • «�. , ,- ..7a1 i.4: =y •-f!+ � ,- ,„ � .Y ry" -_y- r..—.k• T.r •}_ "--.-7: " . -— ----� -p-.---.*:-.Z i -• �2:'' > '*,,,,. . :--4. a•' ",x ,.L �.`- - }; ,a - . . -`�'- " "�,'"r• : '- ' ,.,,,.L.. <w+"' 2- S+ .F' Y.'i•s k.,a•�.." "'- „£'.F X;A.,a ,nY%re .-.. w z�-, a `"� `- Y'''�r.r ,�fy �- r •-J �"i.•'- • �^'��_ �.; •o..-MSY�S '2Yl"w' .Y4... '- "" •3a' • _'C, / y �, i, .iv a.� �.�" � � � /1�.�+ f'K am. � � gy . yYw -. `".r V.r Zfi° r L ti S `:•?:'-; \' ':-ma's - = ��- :] �- =� ,,,, , — -'� _, "—�" -jX Diffuser is engineered to �� .& ,, ` ,-vim -;, ��.�-y: ,fi n -' -. .r•- ,� s f;. ...r or- .„- . - - Tea:,.4 r.,_,• ,,=_" ,_�Qy ,z _ more the most possible water - --� -� - �,� _ g with-out turbulence andj �-r. __ _.;�-...._. - .. a ---- - without clogging ,. - � a - - £ _�_i• - � y y'7.. Y ` ""�' ' �is� o _z- _ = '` .�, _ - ;: .i,_- _= `ma. _ :s:. - ?fit 3 - ` CL AN FLO Continuous Laminar Flow ' \ Inversion/Oxygenation System. CLEAN-FLO Laboratories,Inc. is a pioneer in lake Approximate Costs of Lake Restoration Systems restoration techniques. Using our integrated ap- • CLEAN-FLU SYSTEM proach, combining mechanical, biological, and I non-toxic chemical methods, we have improved AIRCiAMBEI BUB ILER over a thousand lakes,ponds, rivers, and reser- Wiiiii0.11HORIZONTAL i AERATOR voirs in the United States and overseas. - ;`m SURFACE AERATOR We offer the only comprehensive, environmentally ..... <> > F•4 HYP(LIMN lEI C AERATOR, sound and cost effective management approach to II lake restoration and water quality management.Our { i I integrated program provides a long-term solution to F.<iN>.;. ;._..;,:f•E:::.�:Nis' CiENME tsia�tt:« ::.,:::. :E:: :.�:<.::: water quality problems using natural processes. $0 $20,000 $40,000 $60,000 $80,000 $100,000 We call the most important part of Clean-Flo's unique COST PER ACRE process the Continuous Laminar Flow Inver- report shows other diffused air systems to transfer sion/Oxygenation System. This energy efficient 0.7-2.4 Kg per kilowatt-hour. process oxygenates an entire body of water from top The Clean-Flo system moves 1350 m3 of water from to bottom.It oxygenates and rids the entire bottom of the bottom of lakes to the surface,per kilowatt hour, gases including ammonia and carbon dioxide,which Test results show this as far superior performance. aquatic weeds and algae need for food. Propeller-aspirator types, surface aerators, Professional documentation shows that Clean-Flo hypolimnetic aerators, or paddlewheels are not de- natural inversion transfers up to 0.9 Kg of oxygen per signed to move bottom water to the surface. If they kilowatt-hour in lakes and canals. Oxygen transfer were used for that purpose, they would create con- for the Clean-Flo system is as high as 4.4 Kg per siderable turbulence and nutrient recycling from the kilowatt-hour in waste treatment lagoons.The same bottom muck. Approximate Nitrogen&Phosporus Removal* Approximate Oxygen Transferred to a 20-Meter Deep Lake tie `,.,•.•t�r,._• v• •r ' I I I JRCHArIBERdUBBLR I CLEAN•FLO SYSTEM 0.3 111 i:Ii;.::i:: ' i•ii:::_>''€€.::: "<, >' III■ 2 ] �NUTRIENT T DIVERSION ran HYPOLIMNETIC AERATION 03 SURFACE AERATION c 10 n HORIZONTAL AERATION �i�T• CLEAN-FLO ] DREDGING f 0 HORIZONTAL ASPIRATOR 20 h;;«;::<;>11::_iii Al HYPOLIMNETIC AERATOR 0% 20% 40% 60% 80% 100% iii:. N<' ,. AIRCHAMBER BUBBLER PERCENTAGE OF REMOVAL ai °' 0 2 4 6 8 10 DISSOLVED OXYGEN CONCENTRATION(mgB) C LEAN—FLO® CLEAN-FLO Laboratories,Inc. Ilan akiN..- -- -- CLEAN-FLO INTERNATIONAL IExperts in water pollution control since 1970. 0224 LAKELAND AVENUE NO. #108 2s-6656 BROOKLYN PARK, MN 55428-2937 -[I[fcra ticn emu=}:.led Er=various tectinkal zepnnnS (Clean-Flo.coral 1 Qq CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 18,2002 SERVICE AREA: ITEM DESCRIPTION: Second Amendment ITEM NO. Community Development To The Joint And Cooperative Agreement Local &Financial Services: Government Information Systems Don Uram • Requested Council Action: Move to:Adopt Resolution Relating To Local Government Information Systems; Authorizing the Execution And Delivery Of Second Amendment To The Joint And Cooperative Agreement Synopsis: Eden Prairie is a party to the joint and cooperative agreement(Agreement) establishing an organization known as Local Government Information System (LOGIS). The Agreement is originally dated May 1, 1972, and has been amended by Amendment No. 1, adopted May 3, 1993. In 1988,LOGIS established the LOGIS Health Care Group(Plan)to enable members of LOGIS to participate in a program of cooperatively providing group health,life,accident and other insurance and personnel benefits for the officers and employees of the members of the Plan and LOGIS itself. LOGIS has continuously operated and administered the Plan since its inception. The Board of Directors of LOGIS has been advised by legal counsel that it is necessary and desirable that the Agreement be amended(Amendment No. 2)to clearly authorize the Plan and the participation in the Plan by members of LOGIS. • Attachments: Resolution Amendment No. 2 /05 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2002- A RESOLUTION RELATING TO LOCAL GOVERNMENT INFORMATION SYSTEMS; AUTHORIZING THE EXECUTION AND DELIVERY OF SECOND AMENDMENT TO THE JOINT AND COOPERATIVE AGREEMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE as follows: Section 1. Background., findings. 1.01. The City is a party to the joint and cooperative agreement(Agreement) establishing an organization known as Local Government Information System (LOGIS). The Agreement is originally dated May 1, 1972, and has been amended by Amendment No. 1, adopted May 3, 1993. 1.02. In 1988, LOGIS established the LOGIS Health Care Group (Plan) to enable members of LOGIS to participate in a program of cooperatively providing group health, life, accident and other insurance and personnel benefits for the officers and employees of the members of the Plan and LOGIS itself. LOGIS has continuously operated and administered the Plan since its inception. 1.03. The Board of Directors of LOGIS has been advised by legal counsel that it is necessary and desirable that the Agreement be amended to clearly authorize the Plan and the participation in the Plan by members of LOGIS. 1.04. There has been presented to this Council a form of Amendment No. 2 to the Agreement (Amendment). The Amendment is on file with the City Clerk, and is attached as Exhibit A. 1.05. It is found and determined that it is in the best interests of the City that the Agreement be amended as proposed in the Amendment. 106 Sec.2. Approval and Authorization: Ratification. 2.01. The form of the Amendment is approved. 2.02. The Mayor and City Manager are authorized and directed to execute and deliver the Amendment in the manner provided for in the Agreement. 2.03. All actions, if any, of the City, the City Council, and the officers and employees of the City in participating in the Plan, are ratified and confirmed. Adopted by the City Council this 18th day of June,2002. BY Its Mayor BY Its City Manager I /107- EXHIBIT A SECOND AMENDMENT TO THE JOINT AND COOPERATIVE AGREEMENT LOCAL GOVERNMENT INFORMATION SYSTEMS, Originally Dated May 1,1972, As amended By Amendment No. 1,Adopted May 3,1993 Section 1. Article I, General Purpose,of the Joint and Cooperative Agreement,Local Government Information Systems, as amended,(Agreement)is amended to read as follows: • I. GENERAL PURPOSE The general purpose of this agreement is to provide for an organization through which the parties may jointly and cooperatively provide for,(i�the establishment, operation and maintenance of data processing facilities and management information systems for the use and benefit of the parties and others and(ii)group health,life, accident,and other insurance and personnel benefits for the officers and employees of the parties and the organization. Sec. 2. The terms of this amendment are effective as of April 1, 2002. This amendment is effective on the date of its execution and delivery by all of the members of the organization in accordance with the Agreement. 1C CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 18,2002 SERVICE ITEM DESCRIPTION: ITEM NO.: AREA/DIVISION: Change Order-Old Police Station Parking Lot Financial Services Removal Donald R.Uram Requested Action Move to: Approve Change Order for the removal and disposal of above ground improvements including asphalt parking and drive areas, sidewalks, curbing,parking lights and bases at the old police station. Synopsis On April 9, a contract was awarded to Kevitt Excavating for the demolition of the old police station in the amount of$53,940. This bid was $30,113 lower than the next lowest bidder. Part of the reason for this is that Kevitt's bid did not take into consideration the removal of the existing parking lot. A review of the bid specifications revealed that this item was left out of the documents. Because of that, Staff requested Kevitt to submit a quote to complete this work. They quoted a price of$8,550 raising the total cost of demolition to $62,490. Attachments Change Order • 1 /21. Jun 06 02 12: 15p Kevitt Companies 763-545-5235 p.2 (lpr ou a2 03: 13p Kevitt Companies 763-545-5t35 p-2 Kevitt EXCAVATING INC. 3335 PE•NNSYLVANIAAVENUE NORTH, CRYSTAL, MN 55427 PHONE 763/545-3557 BID PROPOSAL Date: April 9th,2002 To: Don Uram From: Chris Vieau Finance Director Jcevitt Excavating Inc. City of Eden Prairie Phone # 952/949-8488 Phone# 763/545-3557 Fax# 952/949-8383 Fax# 763/545-5235 Bid for: Extra Work Authorization Request #1 Removal and disposal of above ground improvements including asphalt parking and drive areas, sidewalks, curbing, parking lights and bases. $8,550.00 #2 Labor&Equipment to salvage Glued-Laminated Wood Beams S. 4;1,i .." 1 A liP • #3 Asbestos and Hazardous Material Survey p D Note: Price range on request#2 based on feasibility upon commencement of project Acceptance of Proposal- The above prices, specifications and conditions are satisfactory and are hereby accepted_ You are authorized to do the work as specified. If conditions arc encountered at the project site which are subsurface, unknown or are not found under normal building conditions, an adjustment to the contract will be required. Date of Acceptance: Signature: CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 18,2002 SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Public Safety Services/Police Award Contract for Purchase of an Emergency E ` Lieutenant Robert Reynolds Response Unit vehicle Requested Action: Move to: Award contract in the amount of$40, 803.00 to Great Dane/Kolstad for the purchase of a new Emergency Response Unit vehicle. Synopsis: The purchase of a replacement vehicle for the Police Emergency Response Unit is part of the _ 2002 Capital Improvement Plan. A request for bids was published and two quotes were received. Great Dane/Kolstad's quote was the lower of the two. Background Information: • This vehicle will be used to replace the current Emergency Response Unit vehicle. The current vehicle has become unreliable and a maintenance liability. The new vehicle is expected to be in service for approximately ten years. The two quotes received for this purchase were from LDV Inc. (Burlington,WI)in the amount of$49,404.00 and Great Dane/Kolstad(Blaine,MN)in the amount of$ $40,803.00. Representatives from Fleet Services and the Police Department visited the Great Dane/Kolstad facility and inspected examples of their products. We are convinced that Great Dane/Kolstad will provide us with a quality product that will meet our needs. • CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 18,2002 SERVICE AREA: ITEM DESCRIPTION: ITEM NO. Community Development 2003 Joint Cooperation Agreement for &Financial Services: Community Development Block Grant(CDBG) Don Uram Program 'L. David Lindahl Requested Council Action: Move to: Approve resolution authorizing execution of the 2003 Joint Cooperation Agreement between the City of Eden Prairie and Hennepin County for continued participation in the Urban County CDBG program. Synopsis: The City's participation in the Community Development Block Program(CDBG)is assured through a Joint Cooperation Agreement with Hennepin County. This Agreement outlines all regulations relevant to administering the program. The term of the current Agreement expires at the end of 2002. To continue participating in the CDBG Program through 2005 the City must sign a new Joint Cooperation Agreement. Background: Attachments: Joint Cooperation Agreement Resolution 1 pia CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE A JOINT COOPERATION AGREEMENT BETWEEN THE CITY OF EDEN PRAIRIE AND HENNEPIN COUNTY FOR PARTICIPATION IN THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM IN 2003 -2005. WHEREAS,the City of Eden Prairie,Minnesota and the County of Hennepin have in effect a Joint Cooperation Agreement for purposes of qualifying as an Urban County under the United States Department of Housing and Urban Development Community Development Block Grant and HOME Programs; and WHEREAS,the City and the County wish to execute a new Joint Cooperation Agreement in order to continue to operate as an Urban County for purposes of the Community Development Block Grant and HOME Programs. BE IT THEREFORE RESOLVED,that the current Joint Cooperation Agreement between the City and the County be executed effective October 1, 2002., and that the Mayor and the City Manager be authorized and directed to sign the Agreement on behalf of the City. ADOPTED by the Eden Prairie City Council on the 18th day of June 2002. Nancy Tyra-Lukens, Mayor ATTEST; Kathleen A.Porta, City Clerk Contract No.A0.4232 JOINT COOPERATION AGREEMENT URBAN H HINNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM THIS AGREEMENT made and entered into by and between the COUNTY OF HENNEPIN, State of Minnesota,hereinafter referred to as"COUNTY,"A-2400 Government Center,Minneapolis,Minnesota,55487,and the cities executing this Master Agreement,each hereinafter respectively referred to as"COOPERATING UNIT," said parties to this Agreement each being governmental units of the State of Minnesota, and made pursuant to Minnesota Statutes, Section 471.59: WITNESSETH: COOPERATING UNIT and COUNTY agree that it is desirable and in the interests of their citizens that COOPERATING UNIT shares its authority to carry out essential community development and housing activities with COUNTY in order to permit COUNTY to secure and administer Community Development Block Grant and HOME Investment Partnership funds as an Urban County within the provisions of the Act as herein defined and, therefore,in consideration of the mutual covenants and promises contained in this Agreement,the parties mutually agree to the following terms and conditions. COOPERATING UNIT acknowledges that by the execution of this Agreement that it understands that it: 1. May not also apply for grants under the State CDBG Program from appropriations for fiscal years during which it is participating in the Urban County Program; and 2. May not participate in a HOME Consortium except through the Urban County. I. DEFINITIONS The definitions contained in 42 USC 5302 of the Act and 24 CFR§570.3 of the Regulations are incorporated herein by reference and made a part hereof, and the terms defined in this section have the meanings given them: A. "Act" means Title I of the Housing and Community Development Act of 1974, as amended, (42 U.S.C. 5301 et seq.). B. "Regulations" means the rules and regulations promulgated pursuant to the Act, including but not limited to 24 CFR Part 570. C. "HUD"means the United States Department of Housing and Urban Development. D. "Cooperating Unit"means any city or town in Hennepin County that has entered into a cooperation agreement that is identical to this Agreement, as well as Hennepin County,which is a party to each Agreement. E. "Consolidated Plan" means the document bearing that title or similarly required statements or documents submitted to HUD for authorization to expend the annual grant amount and which is developed by the COUNTY in conjunction with COOPERATING UNITS as part of the Community Development Block Grant Program. F. "Metropolitan City"means any city located in whole or in part in Hennepin County which is certified by HUD to have a population of 50,000 or more people. II. PURPOSE The purpose of this Agreement is to authorize COUNTY and COOPERATING UNIT to cooperate to undertake,or assist in undertaking,community renewal and lower income housing assistance activities,specifically urban renewal and publicly assisted housing and authorizes COUNTY to carry out these and other eligible activities for the benefit of eligible recipients who reside within the corporate limits of the COOPERATING UNIT which will be funded from annual Community Development Block Grant and HOME appropriations for the Federal Fiscal Years 2003,2004 and 2005 and from any program income generated from the expenditure of such funds. III. AGREEMENT The term of this Agreement is for a period commencing on October 1,2002 and terminating no sooner than . the end of the program year covered by the Consolidated Plan for the basic grant amount for the Fiscal Year 2005,as authorized by HUD, and for such additional time as may be required for the expenditure of funds granted to the County for such period. COUNTY may notify COOPERATING UNIT prior to the end of the Urban County qualification period that the Agreement will automatically be renewed unless it is terminated in writing by either party. Either COUNTY or COOPERATING UNIT may exercise the option to terminate the Agreement at the end of the Urban County qualification period. If COUNTY or COOPERATING UNIT fail to exercise that option,it will not have the opportunity to exercise that option until the end of a subsequent Urban County qualification period. COUNTY will notify the COOPERATING UNIT in writing of its right to elect to be excluded by the date specified by HUD. This Agreement must be amended by written agreement of all parties to incorporate any changes necessary to meet the requirements for cooperation agreements set forth in the Urban County Qualification Notice applicable for the year in which the next qualification of the County is scheduled. Failure by either party to adopt such an amendment to the Agreement shall automatically terminate the Agreement following the expenditure of all CDBG and HOME funds allocated for use in COOPERATING UNIT's jurisdiction. Notwithstanding any other provision of this Agreement,this Agreement may be terminated at the end of the program period during which HUD withdraws its designation of COUNTY as an Urban County under the Act. This Agreement shall be executed by the appropriate officers of COOPERATING UNIT and COUNTY pursuant to authority granted them by their respective governing bodies,and a copy of the authorizing resolution and executed Agreement shall be filed promptly by the COOPERATING UNIT in the Hennepin County Department of Housing,Community Works and Transit,and in no event shall the Agreement be filed later than June 30,2002. COOPERATING UNIT and COUNTY shall take all actions necessary to assure compliance with the applicant's certifications required by Section 104(b)of the Title I of the Housing and Community Development Act of 1974,as amended,including Title VI of the Civil Rights Act of 1964;the Fair Housing Act,Section 109 of Title I of the Housing and Community Development Act of 1974;and other applicable laws. 1' IV. ACTIVITIES COOPERATING UNIT agrees that awarded grant funds will be used to undertake and carry out,within the terms of this Agreement,certain projects involving one or more of the essential activities eligible for funding under the Act. COUNTY agrees and will assist COOPERATING UNIT in the undertaking of such essential activities by providing the services specified in this Agreement. The parties mutually agree to comply with all applicable requirements of the Act and the Regulations and other relevant Federal and/or Minnesota statutes or regulations in the use of basic grant amounts. Nothing in this Article shall be construed to lessen or abrogate COUNTY's responsibility to assume all obligations of an applicant under the Act,including the development of the Consolidated Plan,pursuant to 24 CFR Part 91. COOPERATING UNIT further specifically agrees as follows: A. COOPERATING UNIT will,in accord with a COUNTY-established schedule,prepare and provide to COUNTY,in a prescribed form, requests for the use of Community Development Block Grant Funds consistent with this Agreement,program regulations and the Urban Hennepin County Consolidated Plan. B. COOPERATING UNIT acknowledges that,pursuant to 24 CFR§570.501 (b),it is subject to the same requirements applicable to subrecipients, including the requirement for a written Subrecipient Agreement set forth in 24 CFR§570.503. The Subrecipient Agreement will cover the implementation requirements for each activity funded pursuant to this Agreement and shall be duly executed with and in a form prescribed by COUNTY. C. COOPERATING UNIT acknowledges that it is subject to the same subrecipient requirements stated in paragraph B above in instances where an agency other than itself is undertaking an activity pursuant to this Agreement on behalf of COOPERATING UNIT. In such instances, a written Third Party Agreement shall be duly executed between the agency and COOPERATING UNIT in a form prescribed by COUNTY. D. COOPERATING UNIT shall implement all activities funded for each annual program pursuant to this Agreement within eighteen (18) months of the authorization by HUD to expend the basic grant amount. 1. Funds for all activities not implemented within eighteen (18)months shall be transferred to a separate account for reallocation on a competitive request for proposal basis. 2. Limited extensions to the implementation period may be granted upon request only in cases where the authorized activity has been initiated and/or subject of a binding contract to proceed. 3. If COUNTY is notified by HUD that it has not met the performance standard for the timely expenditure of funds at 24 CFR 570.902(a) and the COUNTY.entitlement grant is reduced by HUD, according to its policy on corrective actions, then the basic grant amount to any COOPERATING UNIT that has not met its expenditure goal shall be reduced in a manner proportionate to the reduction in the COUNTY grant. E. COOPERATING UNIT will take actions necessary to assist in accomplishing the community development program and housing goals,as contained in the Urban Hennepin County Consolidated Plan. 5 1/6 F. COOPERATING UNIT shall ensure that all programs and/or activities funded,in part or in full by grant funds received pursuant to this Agreement,shall be undertaken affirmatively with regard to fair housing,employment and business opportunities for minorities and women. It shall,in implementing all programs and/or activities funded by the basic grant amount,comply with all applicable Federal and Minnesota Laws,statutes,rules and regulations with regard to civil rights,affirmative action and equal employment opportunities and Administrative Rule issued by the COUNTY. G. COOPERATING UNIT that does not affirmatively further fair housing within its own jurisdiction or that impedes action by COUNTY to comply with its fair housing certification shall be prohibited from receiving CDBG funding for any activities. H. COOPERATING UNIT shall participate in the citizen participation process, as established by COUNTY,in compliance with the requirements of the Housing and Community Development Act of 1974, as amended. I. COOPERATING UNIT shall reimburse COUNTY for any expenditure determined by HUD or COUNTY to be ineligible. 3. COOPERATING UNIT shall prepare, execute, and cause to be filed all documents protecting the interests of the parties hereto or any other party of interest as may be designated by the COUNTY. K. COOPERATING UNIT has adopted and is enforcing: 1. A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in nonviolent civil rights demonstrations;and 2. A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such nonviolent civil rights demonstrations within its jurisdiction. COUNTY further specifically agrees as follows: A. COUNTY shall prepare and submit to HUD and appropriate reviewing agencies,on an annual basis, all plans,statements and program documents necessary for receipt of a basic grant amount under the Act. B. COUNTY shall provide, to the maximum extent feasible, technical assistance and coordinating services to COOPERATING UNIT in the preparation and submission of a request for funding. C. COUNTY shall provide ongoing technical assistance to COOPERATING UNIT to aid COUNTY in fulfilling its responsibility to HUD for accomplishment of the community development program and housing goals. D. COUNTY shall,upon official request by COOPERATING UNIT,agree to administer local housing rehabilitation grant programs funded pursuant to the Agreement,provided that COUNTY shall receive Twelve percent(12%)of the allocation by COOPERATING UNIT to the activity as reimbursement for costs associated with the administration of COOPERATING UNIT activity. I` E. COUNTY may, at its discretion and upon official request by COOPERATING UNIT, agree to administer,for a possible fee,other programs and/or activities funded pursuant to this Agreement on behalf of COOPERATING UNIT. F. COUNTY may,as necessary for clarification and coordination of program administration,develop and implement Administrative Rules consistent with the Act,Regulations,HUD administrative directives, and administrative requirements of COUNTY. V. ALLOCATION OF BASIC GRANT AMOUNTS Basic grant amounts received by the COUNTY under Section 106 of the Act shall be allocated as follows: A. COUNTY shall retain thirteen percent(13%)of the annual basic grant amount for the administration of the program. Included in this administrative amount is funding for annual county-wide Fair Housing activities. B. The balance of the basic grant amount shall be made available by COUNTY to COOPERATING UNITS in accordance with the formula stated in part C and the procedure stated in part D of this section for the purpose of allowing the COOPERATING UNITS to submit funding requests. The allocation is for planning purposes only and is not a guarantee of funding. C. The COUNTY will calculate,for each COOPERATING UNIT,an amount that bears the same ratio to the balance of the basic grant amount as the average of the ratios between: 1. The population of COOPERATING UNIT and the population of all COOPERATING UNITS. 2. The extent of poverty in COOPERATING UNIT and the extent of poverty in all COOPERATING UNITS. 3. The extent of overcrowded housing by units in COOPERATING UNIT and the extent of overcrowded housing by units in all COOPERATING UNITS. 4. In determining the average of the above ratios,the ratio involving the extent of poverty shall be counted twice. D. Funds will be made available to communities utilizing the formula specified in C of this Section in the following manner: 1. COOPERATING UNIT qualifying as a Metropolitan City (having populations of at least 50,000)will receive annual funding allocations equal to the HUD formula entitlement or the COUNTY formula allocation,whichever is greater. 2. Other COOPERATING UNITS with COUNTY formula allocations of$75,000 or more will receive funding allocations in accordance with the formula allocations. 3. COOPERATING UNITS with COUNTY formula allocations of less than$75,000 will have their funds consolidated in a pool for award in a manner determined by COUNTY. Only the COOPERATING UNITS,whose funding has been pooled,will be eligible to compete for these funds. IIg E. The COUNTY shall develop these ratios based upon data to be furnished by HUD. The COUNTY assumes no duty to gather such data independently and assumes no liability for any errors in the data furnished by HUD. F. In the event COOPERATING UNIT does not request a funding allocation,or a portion thereof,the amount not requested shall be made available to other participating communities, in a manner determined by COUNTY. VI. METROPOLITAN CITIES Any metropolitan city executing this Agreement shall defer their entitlement status and become part of Urban Hennepin County. This agreement can be voided if the COOPERATING UNIT is advised by HUD,prior to the completion of the re- qualification process for fiscal years 2003-2005, that it is eligible to become a metropolitan city and the COOPERATING UNIT elects to take its entitlement status. If the agreement is not voided on the basis of the COOPERATING UNIT's eligibility as a metropolitan city prior to July 13,2002,the COOPERATING UNIT must remain a part of the COUNTY program for the entire three-year period of the COUNTY qualification. VII. OPINION OF COUNSEL The undersigned, on behalf of the Hennepin County Attorney, having reviewed this Agreement, hereby opines that the terms and provisions of the Agreement are fully authorized under State and local law and that the COOPERATING UNIT has full legal authority to undertake or assist in undertaking essential community development and housing assistance activities,specifically urban renewal and publicly-assisted housing. Assistant County Attorney VIII. HENNEPIN COUNTY EXECUTION The Hennepin County Board of Commissioners having duly approved this Agreement on 2002,and pursuant to such approval and the proper County official having signed this Agreement,the COUNTY agrees to be bound by the provisions herein set forth. COUNTY OF HENNEPIN,STATE OF MINNESOTA By: Chair of its County Board And: Assistant/Deputy/County Administrator Attest: • Deputy/Clerk of the County Board And: Assistant County Administrator,Public Works and County Engineer APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL Assistant County Attorney Director,Housing, Community Works and Transit Department Date: •Date: APPROVED AS TO EXECUTION: Assistant County Attorney Date: 1 �� IX. COOPERATING UNIT EXECUTION COOPERATING UNIT,having signed this Agreement,and the COOPERATING UNIT'S governing body having duly approved this Agreement on ,2002,and pursuant to such approval and the proper city official having signed this Agreement, COOPERATING UNIT agrees to be bound by the provisions of this Joint Cooperation Agreement, contract A CITY OF By: Its Mayor And: Its City Manager ATTEST: CITY MUST CHECK ONE: The City is organized pursuant to: Plan A Plan B Charter • • May 20,2002 7 / d Li1 CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda June 18,2002 SERVICE AREA/DIVISION: 111+:M DESCRIl'TION: Public Works Service Area Bearpath Development—Bog Monitoring ITEM NO.: Leslie Stovring Contract , I i I , Through Eugene Dietz Requested Action Move to: Authorize professional service agreement with STS Consultants, Ltd. for the bog- monitoring program at the Bearpath Golf and Country Club for 2002/2003. Synopsis The City of Eden Prairie took responsibility for coordinating the sampling program for the three bogs at Bearpath Golf&Country Club in 1996,in accordance with the COE wetland permit guidelines. The monitoring program for 2002 / 2003 will include vegetation monitoring and water quality sampling each year. Background The bog monitoring activities at Bearpath began in 1992. A long-term sampling and monitoring plan for the three existing bogs was developed as a special condition of the U.S.Army Corps of Engineers (COE)permit issued in September 1993. The monitoring program was developed to assess potential changes in the bog ecosystems both during and after construction of the golf and country club. The program includes assessment of the water quality and vegetation at the three bogs. The sampling program was designed to monitor changes at the most sensitive areas of each wetland basin. The COE has stated that the vegetation and water quality monitoring need to be continued due to the encroachment of invasive species, fluctuations in water quality and the continuing buffer strip enforcement issues. Riley-Purgatory-Bluff Creek Watershed District anticipates that the buffer strip will be completed,vegetated and in compliance by 2003. The City will meet with the COE after the 2003 water quality-sampling event to re-evaluate the program to determine a new schedule for long- term monitoring. Proposal Summary Six companies were solicited for bids. Three submitted proposals. They included STS Consultants, Ltd.($27,000)Bonestroo Rosene Anderlik&Associates($36,960)and Applied Ecological Services, Inc. ($29,750). Attachments Proposal for Conducting Bearpath Bog Monitoring, STS Consultants, dated June 11,2002. 1114 ST o ltants • S C nsu ,Ltd. Solutions through Science &Engineering June 11,2002 Ms. Leslie Stovring Environmental Coordinator City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344-4485 Re: Proposal to Provide Bog Monitoring Services at Bearpath Community in Eden Prairie, Fiscal Years 2002 and 2003; STS Proposal 11460PP Dear Leslie: STS Consultants, Ltd. (STS) appreciates your request for proposal to conduct water quality monitoring and vegetation monitoring tasks at the three bogs within Bearpath. The request for proposal,was dated May 23, 2002. STS understands the scope of work, as we have previously provided these services to the City. To the best of STS's knowledge and belief, we have not previously performed work for Sienna Corporation, the developer at Bearpath. Our previous knowledge of the project and lack of a conflict of interest makes STS extremely qualified to conduct the bog monitoring work in 2002 and 2003. 1.0 WORKSCOPE STS will conduct bog monitoring following the previously-established methodologies for this initiative. In general, the work will include vegetation plot sampling in early July 2002, and a meander survey of vegetation in late August/early September 2002 and 2003. In addition, water quality monitoring will be conducted in late October/early November 2002 and 2003. 1.1 Plot Sampling STS proposes to subcontract Yellowfield Biological Surveys for conducting the plot sampling. STS has previously completed plot sampling using Yellowfield on this project. The resume for David Schmoller of Yellowfield Biological Surveys is attached. Yellowfield will conduct bog monitoring with a minimum of two personnel for safety reasons. STS does not request the City to provide an intern during Yellowfield's field work. Plot sampling will be conducted on previously-established (approximately 50 meter interval) one square meter plots distributed as follows: • • Bog F, 15 plots • Bog 0, 20 plots • Bog Y,25 plots The plots include interior vegetation plots and plots found in lagg areas near the bog's perimeters. A total of 60 vegetation plots are established. Yellowfield will log global positioning system (GPS) coordinates for the sampling plots using a hand held GPS with a stated accuracy of ±5 meters in the X and Y axis. • Yellowfield will prepare a separate vegetation monitoring report documenting the findings of plot sampling and general observations of bog ecology. 1.2 Meander Vegetation Analysis A meander survey will occur following methods previously utilized for collecting visual observations along transect lines, and lagg areas for identification of species which were not readily identifiable in the plot 12-3 10900 73rd Avenue North,Suite 150• Maple Grove,MN 55369-5547• (763)315-6300•(763)315-1836 Fax City of Eden Prairie STS Proposal 11460PP ig;201 June 11,2002 Page 2 survey. The meander survey will only generate a list of vegetation observed and is not intended to be included in the statistical analysis. Previously, STS has completed meander surveys using Yellowfield Biological Surveys and our own staff. STS intends to utilize Yellowfield for the purposes of 2002 meander vegetation analysis. STS staff will conduct the meander survey in 2003. Two STS personnel will be present during the survey, so the use of a City intern is not required. The meander survey results will be summarized in the STS report each year. 1.3 Water Quality Monitoring STS will collect water quality samples in 2002 and 2003 following previously established procedures. STS proposes to utilize Pace Analytical, a subcontracted analytical laboratory for analysis of total nitrate- nitrogen, soluble reactive phosphorous, total phosphorous, chloride, calcium, hardness, and total alkalinity following approved methodologies. In general, a total of seven surficial water samples, seven samples collected from depth beneath the bog mat, and 16 perimeter samples will be collected. STS will collect surface water elevation data from the staff gauge installed in each bog for comparison with previous data. All water quality monitoring will utilize two STS staff so that the City will not have to provide an intern for safety purposes. 1.4 Reports The Yellowfield plot sampling report will be provided separately from STS reports as described above. STS will report the results of meander vegetation analysis and water quality results in annual reports. The Yellowfield plot sampling results will be entered into Microsoft Excel and a statistical evaluation conducted as previously calculated by STS. All reports will be provided for use by the City in both hard copy and an electronic format of AutoCAD 2000, Microsoft Word and Excel for Windows 2000. Other formats may be available upon request. The STS report will be completed in January 2003 for monitoring conducted in 2002, and January 2004 for monitoring conducted in 2003. The STS report will reference the Yellowfield vegetation survey conducted in 2002 as applicable to water quality and meander survey results. STS understands the City shall retain ownership of plans, maps, reports, and data completed under this work scope, and may reproduce any or all portions of these documents at their discretion. 2.0 PROJECT TEAM STS proposes to conduct the bog monitoring under the management of Steve Carlson. Mr. Carlson has over 13 years experience' in conducting water quality monitoring and work involving wetlands. Mr. Carlson's experience in wetland delineation and wetland plant identification will support the project in the capacity of primary author and meander survey biologist. Other staff will assist Mr. Carlson to ensure that project requirements are met in a timely fashion and within the established budget. Plot sampling will be conducted by Mr. David Schmoller of Yellowfield Biological Surveys. A resume of Mr. Schmoller's (taken from the Yellowfield web site) is found attached. Mr. Schmoller and his associate(s)will be responsible to conduct the plot sampling and the plot sampling report preparation. Steve McDowell of STS will serve the project as the field coordinator. Mr. McDowell's experience in wetlands and water quality monitoring projects is summarized in the attached resume. Mr. McDowell will accompany Mr. Carlson on the meander survey, and will serve as the team leader for water quality monitoring. l?,,y 3 City of Eden Prairie STS Proposal 11460PP iggy 611 June 11, 2002 Page 3 Tim Grape and Gideon Ngobi are STS field technicians with experience on various water quality monitoring projects. Their resumes are found attached. These gentlemen will assist Mr. McDowell with water quality monitoring and either one will be assigned to the project as available. Both gentlemen have considerable experience using enhanced GPS systems for confirmation of sampling locations based on established coordinates. For this reason, any previous GPS coordinates available for water quality sampling locations should be submitted to STS prior to water quality monitoring so that the previously sampled locations can be confirmed during 2002 water quality monitoring. All STS work products are reviewed by a Principal Engineer. The principal reviewer for this initiative will be Bob DeGroot. Mr. DeGroot's 12 years of experience as principal reviewer, including projects involving wetlands and water quality, will bring value to the project by ensuring the STS work products are clear, concise, and complete. An additional quality assurance measure is report review by the City of Eden Prairie. STS understands that one draft copy must be submitted to the City for review prior to finalization of the final report. The draft report will be submitted within two months of the final sampling date for each year monitoring is conducted. 3.0 PROJECT QUOTE STS proposes to provide these services on a lump sum basis with monthly billing to the City of Eden Prairie. Each invoice will indicate the percentage of effort completed, less the previously invoiced amount, and request payment of the balance. The following table summarizes the fees proposed by STS for providing the scope of work described above: Project Costs 2002 Monitoring Lump Sum Cost $15,600 Includes plot sampling and meander survey by Yellowfield, STS water quality monitoring, subcontracted analytical fees and reports 2003 Monitoring Lump Sum Cost $11,400 Includes water quality monitoring and meander survey conducted by STS, subcontracted analytical fees, and report Project Total $27,000 STS can provide additional"services to the City at additional cost and upon request. 4.0 TERMS AND CONDITIONS STS shall provide these services in conformance with the City of Eden Prairie General Conditions (Testing, Sampling and Environmental dated December 2000) attached to the request for proposal. 5.0 PROPOSAL ACCEPTANCE Your acceptance of our proposal can be signified by having the appropriate representative of the City sign one copy of this proposal and return it to STS. As an alternative authorization method, the City may issue STS a purchase order/work order referencing the scope of work and STS Proposal 11460PP and the annual monitoring costs as presented above. y City of Eden Prairie � STS Proposal 11460PP June 11, 2002 Page 4 Thank you for your consideration of our proposal to provide bog monitoring services to the City as in the past. If you have questions concerning the proposal, please contact Steve Carlson of STS by calling 765/315-6300 at your convenience. We look forward to hearing from you. Sincerely, STS CONSULTANTS, LTD. r ��z Ste J. Carlson Senior Consulting Scientist /(Z Robert L. DeGroot, PG PE Principal Engineer SJC/dn Encs.: Resumes P6460002.doc ACCEPTED: Date Firm Authorized Signature Title © 11460PP, STS Consultants, Ltd., May 2002 IDo -STS CONSULTANTS Areas of Specialization Steven J. Carlson • Wetland Delineation Environmental Scientist • Wetland Assessment Representative Experience • Ecological Monitoring Has conducted wetland delineation, plant identification, and • Vegetation Plans/Planting ecological monitoring since 1988. Recent experience and Specifications duties includes the following: Education • Project Manager for City of Eden Prairie, Minnesota Bog Monitoring Project in 1998 and 2000. Work included surface B.A., Biology, University of water monitoring and vegetation assessments. Minnesota-Duluth, 1985 B.A.,Philosophy,University of • Project Manager responsible for an on-going wetland Minnesota-Duluth, 1985 delineation, mitigation permitting, and endangered species surveys for a 900+acre property in Shakopee, Minnesota. Affiliations • Scientist involved in the field identification of wetland Society of Environmental ecosystems for housing development, other private Technocologists developments and civic infrastructure improvement. Association of State Wetland Coordinated and reviewed the work performed by Managers subcontracted surveyors. Training • Scientist responsible for the delineation of wetland boundaries through the use of transects and vegetative WCA Administrative Training,MN analysis in accordance with the Unified Federal Method for Board of Water and Soil Resources housing project, Rockford, Minnesota. (BWSR),May 1996 • Project Manager responsible for the classification of individual Certification wetland segments at the housing development in Lino Lakes, Coon Creek Watershed District Minnesota in accordance with the Department of Natural training on Problem and Disturbed Resources guidelines. Wetlands,April 1993 • Functional value assessments of the various components of Hazardous Waste Safety Training, wetlands to comply with the Army Corps of Engineers permit OSHA/SARA,Certified to Level B; application process. CPR and First Aid • Conducted environmental permit consulting, wetland assessment, regulatory negotiations, endangered species consulting, and trout stream restoration to Qwest for optical fiber corridors in Iowa, Minnesota, Wisconsin, Illinois, Indiana, Michigan, and Ohio. • Field delineation of wetlands in a highway corridor as part of a Minnesota Department of Transportation condemnation process. • Established vegetation sampling methodologies and conducted first field reconnaissance for a baseline and 5-year • ecological study as part of an NPDES permit for a plastic injection molding company in Michigan. • Project Manager responsible for conducting endangered species and habitat suitability surveys for housing developments in Andover and Shakopee, Minnesota. • Historic aerial map review and wetland identification of basins located on a proposed City of St. Louis Park, Minnesota parkland development. The findings resulted in a letter of exemption from the Watershed District. THE INFRASTRUCTURE IMPERATIVE / Carlson,Steven-wetands.doc ' r- ST5 CONSULTANTS • Project Leader for multiple AT&T Broadband projects in Minnesota and Wisconsin. Tasks completed include wetland delineation, Phase I Environmental Site Assessment, review of work areas for listed threatened/ endangered species, and consultation with SHPO representatives to define work operations in areas that have listed cultural and historic resources. Obtained permits from the U.S. Army Corps of Engineers for Clean Water Act(Sec.404)and Rivers and Harbors Act (Sec. 10) compliance. • Provides planting recommendations for use by other Engineering Consultants in project documents depicting wetland/prairie mitigation areas. • Restored wetland vegetation at two locomotive derailment sites in Clark County, Wisconsin. • Conducts wetland monitoring at sites throughout Minnesota. Monitoring tasks include routine plot sampling, and site specific water quality monitoring in surface water features such as restored basins, Natural Environment lakes, and wetland mitigation basins. Storm water ponds are also monitored on a site-specific basis. • Lead Scientist for a telecommunications project involving multiple providers of optical fiber transmission. Provided design documents for plant construction, prepared permit applications for environmental and transportation regulators, and completed as-built drawings for the project segment. Regulatory review included items required by NEPA, Wisconsin DNR, SHPO, the Watershed District, U.S. Army Corps of Engineers, the National Park Service, U.S. Fish &Wildlife, the U.S. Coast Guard, and local authority. • Performed design testing, installation oversight, and performance monitoring for groundwater treatment systems in Nett Lake, Minnesota. The down-gradient lake ecology was of particular concern during remediation. • Operations maintenance and monitoring (water and air samples) for cascade groundwater treatment system in New Richmond, Wisconsin. Responsible for NPDES permit compliance at the site. The site is up-gradient of a trout stream, so remedial actions accounted for the potential fish impacts. • Conducts sparge/soil vapor extraction maintenance and performance monitoring for Minnesota Pollution Control Agency. Work included routine maintenance, pump replacement, air and water sampling, and disposal permitting. Pumping tests and permits were required for protection of habitat of an endangered fish. • Environmental Reviewer for construction planning on sites in Wisconsin, Illinois, and Minnesota. OTHE INFRASTRUCTURE IMPERATIVE Carlson,Steven-Wetiands.doc 1 D STS CONSULTANTS Areas of Specialization Robert L. DeGroot • Environmental Site Assessment Principal Engineer • Remedial Investigation Representative Experience • Corrective Action Design Responsible for directing and managing projects to address • Agency Negotiations environmental issues associated with project development. Projects include environmental site assessments, remedial Education investigations, corrective action design, project management, M.S.Geo-Engineering, University of and corrective action implementation. Representative samples Minnesota,1987 of project experience include: M.S.Water Resource Management, • Project Manager and Principal Investigator for redevelopment University of Wisconsin-Madison, of Specialty Manufacturing building for Investment 1979 Management Inc., St. Paul, Minnesota. A Phase I and Phase B.S.Geology and Geography, 11 Environmental Site Assessment was performed resulting in University of Wisconsin-Madison, issuance of"No Action" and "No Association" letters from the 1975 Minnesota Pollution Control Agency Voluntary Investigation and Clean-up Program. Corrective action plan was Registration developed for lead, PCBs and hazardous waste remediation. Professional Engineer: Minnesota, Grant application submitted in cooperation with St. Paul Idaho,Oregon,Utah,Wisconsin, Planning and Economic Development resulted in grant of Virginia $493,000 for site remediation. Professional Geologist: Wisconsin • Project Manager and Principal Engineer to address the environmental issues associated with the renaissance of St. Affiliations Louis Park Recreation Center. Landfill debris was identified American Society of Civil Engineers during expansion of the St. Louis Park Recreational Pool Facility. STS worked with the St. Louis Park Park & Consulting Engineers Council Recreation Department, and landscape architect who American Institute of Professional redesigned the adjacent park configuration to permit the City Geologists to maintain waste material on-site and minimize human exposure risk. Maintaining materials on-site saved the City Certifications millions of dollars in disposal costs. Hazardous Waste Safety Training, • Principal Engineer / Geologist for the Minnesota Pollution OSHA/SARA Certified to Level B, Control Agency Tanks and Spills Section contract. STS has CPR and First Aid maintained a contract with the MPCA since 1990. Some of the projects performed for the MPCA include: Remedial investigation and hydrogeologic assessment associated with contaminated groundwater supply wells • in Brook Park and Adrian, Minnesota. Remediation design systems including air sparging, oxygen release compound, utility relining and natural attenuation. • Project Manager and Principal Engineer for additional remedial investigation and corrective action design of PCB and used oil contamination at the Fountain City Corps of Engineers maintenance facility. A feasibility and cost assessment was performed to identify the most cost effective remediation actions. OTHE INFRASTRUCTURE IMPERATIVE DeGroot,Robert-Remediatwni.doc lad' STS CONSULTANTS _ Areas of Specialization Timothy J. Grape • Remedial Investigation Senior Environmental Technician • Limited Site Investigations Representative Experience • Soil Sampling • Performed seep and wetland sampling for contamination • Groundwater Sampling studies in Rosemount, Minnesota. • Surface Water Sampling • Performed numerous site investigations involving soil • Geologic Logging sampling, surface water sampling, groundwater sampling, and monitoring well installation for sites throughout Education Minnesota. B.S.Geology, University of • Installation and operation/maintenance for SVE/air sparge Minnesota- Duluth, Emphasis on remediation systems in Rochester, Adrian and St. Martin, Hydro-Environmental Geology; Minor, Minnesota. Duties included monitoring installation of Chemistry, 1998 systems, sampling groundwater diffuser influent and effluent, air sampling of system emissions and data Certifications collection/monitoring system for optimum performance. Hazardous Waste Safetyy Lel Training,; • Performed biweekly operations and maintenance for free CPR and FirstRA Certified to Level B; • product recoveryin monitoringwells at Robbinsdale, Elgin, CPR and Aid 9 Minnesota. • Collection of aquifer evaluation data utilizing field instrumentation such as the"Hermit"data logger. • Review of well installation logs for groundwater receptor surveys for site assessment of potential health risks. • Field geologist for the U.S. Army Corps of Engineers, responsible for conducting geologic investigations and subsurface exploration for earthen dams throughout the Red River Valley. • Conducted the site remediation field work for over 25 sites in Minnesota containing mercury contaminated soils. Duties included: site safety officer, soil sample collection, documentation of remediation activities, oversee excavation activities of contractors, and coordinate on-site chemical analysis with a direct mercury analyzer. • Phase I ESAs — Aerial photo reviews, site walk overs, records/directory searches. • Developed numerous health and safety plans for site investigations. • Laboratory soil testing including: liquid limit, plastic limit, soil pH, standard and modified proctors, gradations and hydraulic conductivity. • Installation, development and sampling of monitoring wells for numerous remedial investigations. OTHE INFRASTRUCTURE IMPERATIVE Grape,Timothy-General.doc 1 !SD • C.. STS CONSULTANTS Education Steven P. McDowell • B.S.,Water Resources— Assistant Environmental Scientist Groundwater Emphasis,University Representative Experience of Wisconsin, Stevens Point, Wisconsin,1996 Serves as an environmental scientist with the Environmental Registration Group. A representative sampling of project experience includes. _ • OSHA 40-Hour Hazardous Waste Site Worker Certification • Field Coordinator for trout stream restoration in Shawano • Troxler Certified Soil County, Wisconsin. Monitored physical manipulation of Moisture/Density Gauge Operator stream bed and utilized field analysis and data logger • 38-Hour ALOE Wetland monitoring systems to confirm performance of the restoration Delineation and Management activity. Training. • Monitored construction of track renovations. • Managed and monitored several soil and groundwater remediation systems on railroad property, taking into account track safety,track integrity, and remediation goals. • Monitored and trouble shot on-site storm and wastewater treatment systems at rail yards. Discharges to surface waters were monitored per NPDES permit requirements. • Performed wetland monitoring and delineations at numerous sites in Illinois and Wisconsin. • Preparation of environmental site progress reports and site closure reports. • Wetland monitoring at multiple sites in Minnesota. Conducted vegetation sampling and hydrologic assessment of mitigation wetlands per COE permit goals. • Collection of soil and groundwater samples for contaminant monitoring. • Performed data collection of Phase I Environmental Site Assessments according to ASTM methodology. This includes interviewing people familiar with the project, reviewing aerial photographs and historical maps, and conducting site reconnaissance. • Experienced in management of construction testing projects. • • Performed testing in soil analysis, moisture analysis, Proctor testing, sieve analysis, and soil classification. • Experienced in on-site concrete testing. McDowell,Steven P.general.rtf THE INFRASTRUCTURE IMPERATIVE /0 131 t i� STS CONSULTANTS Areas of Specialization Gideon N. Ngobi Assistant Project Scientist • Groundwater&Soil sampling • Environmental Site Assessment, Representative Experience • Remedial Investigations Assistant project scientist, analyst, field technician and geo- • Mercury analyst. technical laboratory technician. Responsibilities include data gathering and interpretation, report preparation, for geo- • Petrofund Application Assistance environmental projects. Collect web-based toxicity data for • UST Documentation and Removal toxicologist. Operate and Manage Direct Mercury Analyzer Testing (DMA-80a). Representative examples of recent experience include; Education • Obtain toxicity data about drugs and /compounds and M.S.Geology,University of associated health risks for Medtronic, 3M and various clients Minnesota, 1998 Diploma in Geothermal Energy • Mercury Analyst for over 30 sites for remediation of mercury Technology University of Auckland, inside former mercury manometer sites in the last 2 years. New Zealand, 1994 Onsite mercury analysis for an MPCA-VIC site in Minneapolis. Diploma in Remote sensing (Geology)ITC, Enschede,The • Assist clients in preparing Petrofund re-embursement Netherlands,1990. application. Obtain and review documentation associated with BS (Chemistry and Geology), application. Makerere University,Kampala, • Field geologist assisted MPCA in water sampling and Uganda, 1986 abandoning 3 wells in Rush City Registration • Assist project scientist in data gathering and interpretation for monitoring wells in Shieldsville, MN and Balsam, MN. Training,Hazardous Materials Safety • Well logs and well diagrams preparations and report writing. OSHA / SARA Certified g g p p p g• to level B Soil analysis and classification. • Assisted Principal Engineer in data gathering and interpretation for the Minneapolis Water reservoir site, City of St. Louis Park/Told Development. • Assisted Principal Engineer in data gathering and interpretation for Phase I ESA for 20 Marquette Banks sites. Publications/Presentations Ngobi. G. N., DeGroot R.I.D. 2001. Field investigations And Cleanup of mercury Manometers in Minnesota Using Direct Mercury Analyzer. Abstract #578. Presentation at the 94th Annual Conference & Exhibition of the Air and Waste • Management Association, Orlando, Florida Ngobi. G. N., K. Kelts, T, C.Johnson and P. Solheid. 1998. Environmental Magnetism of the LatePleistocene / Holocene sequences from Lake Victoria in East Africa. p.59-73. In J. T. Lehman (ed.) Environmental change and Response in East African Lakes. Kluwer Johnson. T, C., Y. Chan., K.R.M.Beuning, K.Kelts, G.Ngobi, and D.Verschruen. 1998. Implications for Lake level history and initiation of the Victoria Nile. In J. T. Lehman (ed.) Environmental change and Response in East African Lakes. Kluwer THE INFFASTRUC7LLRE IMPERATIVE Ngobi,Gideon-Genera(.doC I I Resume Page 1 of 5 HOME CONTENTS NEWS SEARCH FEEDBACK &iMis 3 .S • - -;',"-u-sue'»-.•''- ?:�:•t1? 1� "*>'~ y .A1-1:4::A- -�-sfir • : _ lip•'`>. ;.... l's,f •A sry' .x fii: ,u'%sku• r,.c:'Y�'Jcy..9i..3 �kSe r� 4 p ,. gati ..Y•1• 5.tie i >H' 'r71i`Ri,' $r;�:F at `S4'i,_4yCjv 3(si- ;F ''t-441�,- at,Wi deit; 6Cb•. • I:`>� '�'S'i •y-•a1:�.` �i��l.� ;y1: ��y5:� 41 RESUME • - DAVID SCHMOLLER - OBJECTIVE Botanical Surveys, Rare Species Surveys,Wetland Delineations, Technical Writing, Cartography. EDUCATION B.S. Natural Environmental Systems, Northern Illinois University, DeKalb, IL 1980. Independent Study, Botanical Sciences, University of Wisconsin, Madison,WI, 1996. Fire Fighting Training, National Wildfire Coordinating Group, 1990. EXPERIENCE http://www.schcongo.com/resume.htm 6/10/02 J� ( 5 Resume Page 2 of 5 ENVIRONMENTAL CONSULTANT Yellowfield Biological Surveys,Woodruff,WI, 1992-2002 • Environmental services provided for public and private concerns from the upper peninsula of Michigan across to the Rocky Mountains of Montana. These services include: 1. Botanical surveys including rare plant surveys and vegetation monitoring. 2. Rare species surveys. 3. Wetland Delineations and necessary wetland alteration permits. 4. Technical writing, including rare plant viability assessments, rare plant status reports, rare pla status surveys, rare plant fact sheets. For details see the project histories. 5. Cartography. BIOLOGICAL TECHNICIAN • Yellowstone National Park, Mammoth,WY, 2000 • Delineate wetlands in along 13 miles of roadway in Yellowstone National Park in anticipation of road upgrades. Product included field surveys,GPS mapping,Arcview maps, and written report. PLANT ECOLOGIST Chequamegon National Forest, Park Falls, WI, 1996 -2000 • Conducted surveys for 72 rare plant species in anticipation of proposed logging, prescribed burning, herbicide application, and construction. Surveyed approximately 8000 acres over 5 seasons and encountered approximately 70 rare plant populations. • Researched eight plants of concern and composed a Population Viability Assessment for each. The report considered the population, ecology,threats, and management of the species. The report was used in the Forest Plan Revision. • Monitored vegetation on long term monitoring plots to assess impacts of controlled burning. • Composed summary reports that included maps,spreadsheets, and management recommendations. • Inventoried ecology of potential Natural Areas on the forest. Produced summary reports with natural area ranking and management recommendations. • Created rare plant guidebook and database for the forest. http://www.schcongo.com/resume.htm 6/10/02 Resume Page 3 of 5 • Received merit and cash awards in 1996,1997,and 2000 for'contributions to the inventory and management of rare plants on the forest'and'organizational skills and dedicated botanical surve• efforts.' BIOLOGICAL TECHNICIAN Custer National Forest,Ashland, MT, 1995 • Performed Biological Evaluations for two Category 2 plant species prior to grazing permit reissuance and prescribed burning. Surveyed approximately 1400 acres and observed 2 rare plan populations. • The Evaluations included field surveys,written reports that estimated the impact of cattle grazing and prescribed burning on the rare plants,a description of the status and biology of the rare. plants, and management recommendations. • Collected specimens for the district herbarium. • Supervised one Biological Aid. • Received merit and cash award in appreciation of'contributions to complete the Environmental Assessments for livestock grazing.' BIOLOGICAL TECHNICIAN Nebraska National Forest,Wall, SD, 1991, 1993, 1994. • Conducted vegetation studies that included 6173 acres of rare plant surveys,Wooded Draw classification,and 72,300 acres of Range Analysis. • As part of the rare plant surveys mapped populations by GPS and wrote status reports describinc the population, habitat, and biology of the species. • Surveyed for Black-footed ferret, rare birds,and Prairie dogs. • • Drafted and article on the natural history of a prairie grass for the South Dakota Department of Education. • Received merit and cash award in 1993 for'outstanding contributions'to the rare species prograr http://www.schcongo.com/resume.htm 6/10/02 1-1 155 Resume Page 5 of 5 Excellent references available on request.Also,project histories are available. 1.. :3.L •AII 41.Itlt Iilt\1Ya• Back to Yellowfield Biological Surveys http://www.sehcongo.com/resume.htm 6/10/02 �s -5 CITY COUNCIL AGENDA DATE: June 7,2002 SECTION: Consent Calendar SERVICE AREA/DIVISION: ITEM DESCRIPTION: Sale of Existing 1978 ITEM NO.: Public Safety Aerial Platform truck to Minnetonka N Jim Clark Requested Action Move to: Approve the sale of the 1978 Sutphen Aerial Platform truck to the City of Minnetonka. Synopsis On December 4,2001,the City Council awarded a bid for the purchase of a new Mid Mount Aerial Platform fire truck. The truck that the new vehicle is replacing was projected to have a net trade-in value of approximately$50,000.00. By State Statute, assets can be transferred to other municipalities without going through a formal bid process. The City of Minnetonka has agreed to purchase Eden Prairie's platform aerial truck for$50,000.00. Minnetonka does not need to take possession until such time as the Eden Prairie Fire Department is comfortable with the transfer. The new aerial is scheduled for delivery in October 2002. Attachments Purchase Agreement between Eden Prairie and Minnetonka PURCHASE AGREEMENT This Purchase Agreement made June ,2002,by and between City of Eden Prairie,a Minnesota Municipal Corporation (Seller), and City of Minnetonka, a Minnesota municipal corporation(Buyer). Seller now sells and Buyer purchases,on the terms and conditions set forth in this Agreement, the following vehicle, delivery and acceptance of which in good order are acknowledged by Buyer: One used Sutphen aerial tower truck,HS# 1386. 1. Purchase Price. The purchase price for the Truck will be$50,000.00,payable by check on or before the Delivery Date. A 2. Delivery Date. The delivery of the Truck will take place on or before October 19, 2002, or at such earlier or later date was maybe mutually agreed upon by the Seller and Buyer. 3. Sellers Representation and Adjustments. The Seller agrees to free the Truck from all liens, encumbrances and charges of any kind to the date of closing. Buyer will not take possession of the Truck subject to any liens. 4. Possession and Insurance. Seller will continue in possession of the Truck until the Delivery Date, and will maintain it in its present condition. Risk of loss from casualty or any liability incurred by or as a result of the use or contact with the Truck will be the Sellers until delivery of possession to the Buyer as provided in this Agreement. After the Delivery Date,risk of loss from casualty or any liability incurred by or as a result of the use or contact with the Truck will the Buyers. 5. Entire Agreement;Amendments. This Purchase Agreement constitutes the entire agreement between the parties and no other agreement prior ro this Purchase Agreement or contemporaneous with it will be effective except as expressly set forth or incorporated into it. An amendment will not be effective unless it is set forth in writing and executed by both parties or their respective successors or assigns. 6. Binding Effect;Assignment. This Purchase Agreement is.binding upon and inures to the benefit of the parties and their respective successors and assigns. Neither Seller nor Buyer may assign its rights and interest under this Agreement without notice to,and approval of the other. 7. Notice. Any notice, demand,request or other communication that may or must be given to Seller by Buyer or to Buyer by Seller will be deemed to have been given or served on the date the same is deposited in the United States mail, registered or certified, postage prepaid and addressed as follows: a. If to Seller: Fire Chief City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 b. If to Buyer: Fire Chief City of Minnetonka 14600 Minnetonka Boulevard Minnetonka,MN 55345 8. Specific Performance. In addition to all other legal and equitable remedies, this Purchase Agreement may be specifically enforced by the Buyer and/or the Seller. 9. Special Provisions. The Seller agrees that the purchase price includes all fire hose, ground ladders, small tools and equipment presently carried on the Truck except for breathing apparatus,radios and hand-line nozzles. Buyer has examined this vehicle prior to this sale as fully as desired and accepts it as conforming in all respects. 10. Contingency. This Purchase Agreement is contingent upon the approval of this Agreement and funding source by the Minnetonka City Council. The Buyer may terminate this ' Purchase Agreement without penalty or loss of its earnest money if the City Council does not approve this Agreement. 11. Disclaimer of Warranties. THIS VEHICLE IS SOLD AS IS AND SELLER DOES NOT IN ANY WAY EXPRESSLY OR IMPLIEDLY GIVE ANY WARRANTIES. SELLER EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR USE. 12. Additional Expenses. Buyer shall pay all sales tax and transfer fees incident to this sale and shall reimburse Seller if Seller pays them. IN WITNESS WHEREOF,the parties hereto have set their hands,the day and year first printed above. SELLER: City of Eden Prairie By: Scott Neal, City Manager BUYER City of Minnetonka By: Its City Manager 3 1-59 PURCHASE AGREEMENT Page 3 CITY OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on by Scott Neal, City Manager of the City of Eden Prairie, on behalf of the corporation. Notary Public • STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on by John Gunyou, City Manager of the City of Minnetonka, on behalf of the corporation. Notary Public • 11� PURCHASE AGREEMENT Page 4 CERTIFICATION OF COUNCIL APPROVAL Approved by the City Council of the City of Minnetonka on the day of Karen J.Anderson,Mayor ATTEST: Kathleen Magrew, City Clerk ep\firedep\fire truck purchase agreement.050302 • #_tt I� CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar 06/18/02 SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Don Uram—Director Prairie View Liquor Store Lease Extension " ` 0 I Requested Action Move to: Authorize a one-year Lease extension with Prairieview Retail LLC, for the liquor store at the Prairie View Mall(Rainbow). Synopsis The City is currently operating under a lease that expires August 31, 2002. The lease rate is fixed at $14.45 per square foot for 5,642 square feet or $81,526 per year. This extension will continue that rate until August 31, 2003. In April, the owner of the Prairie View Mall (Massachusetts Mutual Life Insurance Company) sold the project to Prairieview Retail LLC. This LLC is owned jointly by Lutheran Brotherhood and United Properties. Staff has met with United Properties to discuss their plans for upgrading the shopping center and how this may impact the City's liquor operation. These plans are currently being developed and will be presented to staff sometime over the next six months. Once this review process has been completed, Staff will work with United Properties on a new five-year lease. Attachments • Lease I tv, SECOND AMENDMENT TO LEASE THIS SECOND AMENDMENT TO LEASE ("Second Amendment") is made this day of June, 2002 by and between PRAIR]EVIEW RETAIL LLC, a Delaware limited liability company ("Lessor"), and CITY OF EDEN PRAIRIE, a Minnesota municipal corporation("Lessee"). WITNESSETH: WHEREAS, Lessor and Lessee entered into that certain Lease Agreement dated May 5, 1992 ("Original Lease"), as amended by that certain First Amendment to Lease dated February 8, 1997 ("First Amendment") (with the Original Lease and First Amendment collectively referred to herein as "Lease") for approximately 5,642 square feet of space at the center commonly known as Prairieview Center, in Eden Prairie, Minnesota, as such space is more particularly described in the Lease("Premises"), and WHEREAS,Lessee and Lessor have agreed to amend the Lease, as provided herein. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,the parties hereby agree as follows: 1. RECITALS: The foregoing recitals are true and correct and incorporated herein by reference as if set forth in their entirety herein. The terms of the Lease are hereby ratified and confirmed except as modified below. All capitalized terms not separately defined herein shall bear the meaning assigned thereto in the Lease. 2. TERM: Pursuant to Section 2 of the First Amendment, the term of the Lease expires August 31, 2002. Lessee and Lessor hereby agree to extend the Lease term for one additional year upon the same terms, conditions, covenants and provisions governing as of August 31,2002, such that the term of the Lease shall expire August 31, 2003. 3. TERMINATION: Notwithstanding anything to the contrary set forth in the Lease, Lessee shall have the right to terminate the Lease upon two full calendar month's prior written notice if either of the following events occurs during the term of the Lease: (i)Lessee's city council votes to approve termination of Lessee's involvement in any and all off-premises liquor sales of any type, and such involvement of Lessee is so terminated, or (ii) the legislature of the State of Minnesota votes to approve amendment of state law such that grocery stores are permitted to sell alcoholic beverages of a type other than"3.2 beer", and state law is so amended. 4. RENT: The Annual Rent for the term of this Second Amendment shall be $81,526.92. (Based on a rate of$14.45 per square foot based on 5,642 square feet). 5. RENEWAL: Lessee shall have the right and option, exercisable by delivering to Lessor a written notice at least one hundred eighty days prior to the end of the term of the Lease, to extend such term for one additional period of five years. At such time as Lessee exercises said option to renew the Lease,Lessee and Lessor agree to negotiate a mutually acceptable new written lease. Said renewal right and option may be exercised only if no uncured default by Lessee then exists under the teens of the Lease, and if any previous default had existed during the Lease term, such default must have been cured within thirty(30) days after occurrence. 6. MISCELLANEOUS: Lessor and Lessee acknowledge and agree that the terms of the Lease have been modified by this Second Amendment. To the extent the terms of this Second Amendment conflict with the terms of the Lease, the terms of this Second Amendment shall control. Lessor and Lessee further agree that all other terms and conditions of the Lease shall remain in full force and effect unless modified herein. This Second Amendment shall be binding on the parties hereto and their respective heirs, successors and assigns. This Second Amendment may be executed in counterparts, and facsimile signatures shall be accepted by the parties as true and correct signatures. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment, to be effective as of the date and year first written above. LESSOR: PRAIRIEVIEW RETAIL LLC, a Delaware limited liability company By: United Properties Investment LLC Its: Manager By: Name: Its: • [SIGNATURES CONTINUE ON NEXT PAGE] A LESSEE: CITY OF EDEN PRAIRIE, a Minnesota municipal corporation By: Name: Nancy Tyra-Lukens Its: Mayor By: Name: Scott Neal Its: City Manager TC3:835402 v0106:04120O2 j 3 CITY COUNCIL AGENDA DATE: June 18, 2002 SECTION: Consent Calendar SERVICE ARFA/DIVISION: ITEM DESCRIPTION: Award Bid for Purchase ITEM NO: ' Parks and Recreation and Removal of House at 18700 Flying Cloud Through:Robert A. Lambert Drive Director From: Stuart A.Fox, Manager Parks and Natural Resources • Requested Action Motion: Move to award the bid from Sever Peterson for the amount of$1.00 to purchase and remove the house from the Richard T. Anderson Conservation Area located at 18700 Flying Cloud Drive. Synopsis The City received only one bid for the purchase and removal of the house located at the Richard T. Anderson Conservation Area. The bid amount was for $1.00, and this bid was submitted by Sever Peterson. A certified check in the amount of$1.00 was attached to the proposal form. The successful bidder is responsible for having the home off of the City owned property by October 25, 2002 as detailed in the bid specification package. Background The City staff was directed to re-bid the sale and removal of this home following a problem with the previous bidding that was opened on May 14, 2002. The staff has advertised the sale and removal of this property in accordance with state law regarding the process in disposal of public property. Staff recommends sale of the home to Sever Peterson in the amount of$1.00. Smdd jq CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 18,2002 SERVICE AREA: ITEM DESCRIPTION: ITEM NO.: Management Services Award contract for 2002 Partial Reroofing at Eden Prairie Community Center Requested Action Move to: Award the contract for 2002 Partial Reroofing at Eden Prairie Community Center to John A. Dalsin&Sons, Inc. Synopsis This is a partial reroofing of the Community Center over the pool area, chlorine room and main entrance. INSPEC,Inc., is providing contract management on this project and conducted the bidding process for this portion of the project. The low bid was $137,404 by John A. Dalsin& Sons, Inc. The funding for this project was approved in the budget. • I 1 LI 7 CITY COUNCIL AGENDA DATE: 06-18-02 SECTION: Public Hearings SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development TEE , Michael D.Franzen Guide Plan Update—Airport Element Donald R.Uram Requested Action Move to: • Continue the public hearing until July 2,2002 Synopsis This item should be continued to the July 2,2002 meeting. The final agreement between the City and the Metropolitan Airports Commission has not been completed. lug CITY COUNCIL AGENDA SECTION: Public Hearings DATE: 06/18/02 SERVICE AREA/DIVISION: ITEM NO.: Community Development ITEM DESCRIPTION: Donald R.Uram Smith Douglas More House Conditional Use EEL ,J Scott Kipp Requested Action • Close the Public Hearing; and • Adopt the Resolution for Planned Unit Development Concept Review on 1.7 acres; and • Approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Amendment within the Rural Zoning District on 1.7 acres; and • Approve the Conditional Use Permit for the Smith Douglas More House; and • Approve the Heritage Preservation Site Alteration Permit Synopsis The existing house on the site is 2,450 square feet. The plan shows a 1,200 square foot building addition to the house and associated parking for the proposed coffeehouse use. This project is for 1st and 2nd readings. Second reading of the ordinance is located in the Ordinance and Resolution section of the agenda. • Community Planning Board Recommendation The Community Planning Board voted 7-0 to recommend approval of the project to the City Council at the June 10, 2002 meeting, subject to re-evaluating the screening of parking from adjacent residential areas to the north and west. Staff visited the site on June 11, 2002 and determined that existing trees, the house, and addition restrict the site lines to the parking areas. If parking is visible after the project is completed than additional trees or shrubs would be placed along the north and west sides of the parking area. Heritage Preservation Commission Recommendation The Heritage Preservation Commission voted 6-0 to recommend approval of the Heritage Preservation Site Alteration Permit at its March 18,2002 meeting. Background Both the building and parking meet setbacks in the rural zoning district. City Code requires one parking space for every three seats. A total of 27 parking spaces are proposed to accommodate up to 81 seats for the building and outside patio area. The following waivers are required in the rural zoning district. lyq 1 • Lot size of 1.7 acres. Code requires 10 acres • Lot width of 242 feet. Code requires 300 feet. These waivers may have merit based on the following: • The house and lot were in existence when minimum lot size for residential structures in the rural district was 40,000 square feet. • The house will be connected to City sewer and water. A Heritage Preservation Site Alteration Permit is required to make any change in, on, or to a designated Heritage Preservation Site. The Heritage Preservation Commission reviews all permit requests to consider effects of projects on historic properties. The Secretary of the Interior's Standards for the Treatment of Historic Properties provide the basis for decisions made by the Commission, as referenced in City code, Section 11.05. The City Council grants the Heritage Preservation Site Alteration Permit. Attachments 1. Resolution for PUD Concept 2. Staff Report dated 06-10-02 3. Conditional Use Permit 4. Heritage Site Alteration Permit 150 SMITH DOUGLAS MORE HOUSE CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2002- A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF SMITH DOUGLAS MORE HOUSE FOR DUNN BROTHERS COFFEE &CITY OF EDEN PRAIRIE • 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 Smith Douglas More House by Dunn Brothers Coffee and the City of Eden Prairie and considered their request for approval of the PUD Concept plan and recommended approval of the request to the City Council; and WHEREAS,the City Council did consider the request on June 18, 2002. NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. Smith Douglas More House,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 June 14, 2002. 3. That the PUD Concept meets the recommendations of the Community Planning Board dated June 10,2002. ADOPTED by the City Council of the City of Eden Prairie this 18th day of June, 2002. Nancy Tyra-Lukens,Mayor Kathleen A.Porta, City Clerk 3 I51 EXHIBIT A PUD Concept-Smith Douglas More House Legal Description: That part of the Southeast 1/4 of the Northeast 1/4 of Section 17,Township 116,Range 22,described as follows: Commencing at the NW corner of said Quarter-Quarter; thence South along the West line of said Quarter-Quarter; thence South along the West line of said Quarter-Quarter distance 316 feet to the actual point of beginning;thence East parallel with the North line of said Quarter-Quarter distant 357.0 feet;thence South with the West line of said Quarter-Quarter distant 242 feet;thence West parallel with the North line of said Quarter-Quarter distant 357.0 feet;thence North along the West line of said Quarter-Quarter distant 242.0 feet to the point of beginning, according to the Government Survey, except road. STAFF REPORT TO: Community Planning Board FROM: Scott A.Kipp, Senior Planner THROUGH: Michael D.Franzen, City Planner DATE: June 7,2002 SUBJECT: Smith Douglas More House Reuse APPLICANT: Dunn Brothers Coffee and City of Eden Prairie OWNER: City of Eden Prairie LOCATION: 8107 Eden Prairie Road REQUEST: 1. Planned Unit Development Concept Review on 1.7 acres 2. Planned Unit Development District Review with waivers on 1.7 acres 3. Zoning District Amendment within the Rural zoning district on 1.7 acres 4. Site Plan Review on 1.7 acres 5. Conditional Use Permit on 1.7 acres Staff Report—Smith Douglas More House Reuse June 7,2002 BACKGROUND The Smith-Douglas-More House,built in 1877,is one of four historic properties owned by the City. The house is eligible for the National Registry of Historic Places, and was listed on the City's Local Register of Heritage Sites in 1997. In July 2000,the City Council adopted the report for the Adaptive Reuse Proposal for the Cummins Home, Riley Farm, and Smith House, which called for rehabilitation and restoration of the City owned buildings to public use starting in 2001. In May 2002,the City Council approved.a City Code Amendment to allow adaptive reuse of historic designated property in the rural zoning district for office and commercial uses by Conditional Use Permit. The site is currently guided Industrial. Surrounding land is guided Low density residential and industrial. The site is zoned rural. CONDITIONAL USE PERMIT A coffeehouse is permitted by Conditional Use Permit. The proposed use of the property is consistent with conditional use permit standards. SITE PLAN The existing house on the site is 2,450 square feet. The plan shows a 1,200 square foot building addition to the house and associated parking for the proposed coffeehouse use. Both the building and parking meet setbacks in the rural zoning district. City Code requires one parking space for every three seats. A total of 27 parking spaces are proposed to accommodate up to 81 seats for the building and outside patio area. PLANNED UNIT DEVELOPMENT WAIVERS The following waivers are required in the rural zoning district. • Lot size of 1.7 acres. Code requires 10 acres • Lot width of 242 feet. Code requires 300 feet. These waivers may have merit based on the following: • The house and lot were in existence when minimum lot size for residential structures in the rural 5ti Staff Report—Smith Douglas More House Reuse June 7,2002 district was 40,000 square feet. • The house will be connected to City sewer and water. ARCHITECTURE The building addition will be constructed to blend in with the existing architecture. The addition will be constructed of wood meeting City Code requirements in the rural district. The ground mounted mechanical equipment is located on the north side of the proposed building addition and will be screened-from view with a wood fence. LANDSCAPING Many of the existing landscaping trees impacted by the proposed parking lot will be relocated on the property. There are 797 diameter inches of significant trees on the property. A total of 67 diameter inches or 8%will be lost due to construction. The required tree replacement is 8 inches. The plan meets this requirement. DRAINAGE Storm water will be directed to a rainwater garden to be constructed along the south property line. The rainwater garden treats water through percolation into the ground. The slopes will be planted with grass, flowers and shrubs. UTILITIES The building will be connected to City sewer and water. The existing well and septic tank will be abandoned. TRAFFIC AND ACCESS The proposed use will generate 1,263 daily trips,with 127 a.m. and 65 p.m. peak hour trips based on the Institute of Traffic Engineers Manual, 6th Addition. The exiting roadway system is designed to handle this traffic. Access to the site will use the existing right-in/right-out driveway to Eden Prairie Road. The driveway will be widened to 24 feet to accommodate two-way traffic. 155 s Staff Report—Smith Douglas More House Reuse June 7,2002 LIGHTING Parking lot lighting will consist of three period style pole mounted fixtures. SIGNS The conditional use permit code permits one advertising sign not to exceed 32 square feet and six feet in height. The proposed sign meets these requirements. HERITAGE PRESERVATION PERMIT A Heritage Preservation Site Alteration Permit is required to make any change in, on, or to a designated Heritage Preservation Site. The Heritage Preservation Commission reviews all permit requests to consider effects of projects on historic properties. The Secretary of the Interior's Standards for the Treatment of Historic Properties provide the basis for decisions made by the Commission, as referenced in City code, Section 11.05. The City Council grants the Heritage Preservation Site Alteration Permit. SUMMARY The Community Planning Board should discuss the following questions. 1. Is the proposed use compatible with the surrounding area? 2. Are the plans consistent with the requirements for a Conditional Use Permit? 3. Are the waivers reasonable and related to the use of the property? Staff believes that the proposed use is compatible with the area and meets the requirements for conditional use permit. STAFF RECOMMENDATION Staff recommends approval of the following request: • Planned Unit Development Concept Review on 1.7 acres • Planned Unit Development District Review with waivers on 1.7 acres • Zoning District Amendment in the Rural Zoning District on 1.7 acres • Site Plan Review on 1.7 acres • Conditional Use Permit on 1.7 acres This is based on plans dated June 7,2002,this Staff Report and the following conditions: f` i5 Staff Report—Smith Douglas More House Reuse June 7,2002 1. Prior to grading permit issuance,the proponent shall: A. Notify the City and Watershed District 48 hours in advance of grading. B. Install erosion control on the property, as well as tree protection fencing at the grading limits in the wooded areas for trees to be preserved as part of the development. Said fencing shall be field inspected by the City Forester prior to any grading. C. Submit detailed storm water runoff,utility, and erosion control plans for review and approval by the City Engineer and Watershed District. 2. Prior to building permit issuance for the property,the proponent shall: A. Submit detailed building plans to the Inspections Department and Fire Marshal for their review and approval. B. Submit samples of exterior materials to the Historic Preservation Specialist for review and approval. 3. The following waivers have been granted through the PUD District Review for the property: A. Lot size of 1.7 acres. Code requires 10 acres. B. Lot width of 242 feet. Code requires 300 feet. I54 Conditional Use Permit 2002-01 Dunn Brothers Coffee 8107 Eden Prairie Road Eden Prairie,Minnesota 55344 June 18,2002 In accordance with the provisions of the Zoning Ordinance of the City of Eden Prairie, a Conditional Use Permit is hereby granted to Dunn Brothers Coffee to operate a Dunn Brothers Coffee to be located at 8107 Eden Prairie Road. The location of said property being legally described as follows: That part of the Southeast '/4 of the Northeast '/4 of Section 17, Township 116,Range 22, described as follows: Commencing at the NW corner of said Quarter-Quarter; thence South along the West line of said Quarter-Quarter distance 316 feet to the actual point of beginning; thence East parallel with the North line of said Quarter-Quarter distant 357.0 feet; thence South with the West line of said Quarter-Quarter distant 242 feet; thence West parallel with the North line of said Quarter-Quarter distant 357.0 feet; thence North along the West line of said Quarter-Quarter distant 242.0 feet to the point of beginning, according to the Government Survey, except road. The City Council finds that the above described property is zoned Rural and allows historic reuse by Conditional Use Permit and by discretion of the City Council. The Council finds that the applicant meets the criteria of the ordinance and is entitled to the issuance of a Conditional Use Permit for the use located at the address indicated in the above described property, and subject to the following conditions: 1. Uses for this property shall be for a Dunn Brothers Coffee and associated office space. 2. Any changes to the use of the building from those established in these conditions shall require an amended Conditional Use Permit. 3. The property shall be developed in accordance with the approved plans dated June 14, 2002,reviewed and approved by the City Council on June 18,2002. 4. The building shall meet all Building and Fire Codes,State and County health regulations. 5. The building shall be connected to City sewer and water. 6. Any alterations of the building or property shall conform to the Historic Preservation Site Alteration Permit. IO ! ST 7. The use of the building and property shall conform to the Lease Agreement with the City of Eden Prairie. 8. All required parking shall be provided on the property. Additional conditions of the City Council: I ( 9 IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. DUNN BROTHERS COFFEE CITY OF EDEN PRAIRIE By Its Nancy Tyra-Lukens,Mayor By Its Scott H.Neal, City Manager STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 2002,by Nancy Tyra-Lukens and Scott H.Neal,respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of• 2002,by ,the , a Minnesota on behalf of the corporation. Notary Public Permit#2002-01-0006 City of Eden Prairie Application for Heritage Preservation Site Alteration Permit I. Property Location Name: Smith-Douglas-More House Address: 8107 Eden Prairie Road SHPO Site Number: HE-EPC-032 II. Applicant Name: City of Eden Prairie Address: 8080 Mitchell Road Eden Prairie,MN 55344 Phone: 952-949-8300 III. Property Owner Name: City of Eden Prairie • Address: Same Phone: Same IV. Contractor/Architect Performing Work Name: MacDonald&Mack Architects Address: 712 Grain Exchange Building 400 South Fourth Street Phone: 612-3341-4051 Minneapolis,MN 55415 V. Project Description: Complete exterior restoration, interior rehabilitation, demolition of dilapidated frame kitchen, addition of new frame kitchen, service area, site and parking improvements. IV. Materials to be included with Application: (see attachment) Permit Application received: 3/18/02 Type of Work(Minor/Major):Major Permit Fee amount: N/A This permit is permissive only and does not release the Permittee from any liability or obligation imposed by City Code,Minnesota Statute or Federal Law. K\Comm.Dev\HPC-Heritage Pres.CommissionlApp.for Site Alteration Permit 2002-01-0006.doc l�� • IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. N/A CITY OF EDEN PRAIRIE By Its Nancy Tyra-Lukens,Mayor By Its Scott H.Neal,City Manager • STATE OF NIINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2002,by Nancy Tyra-Lukens and Scott H.Neal,respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation,on behalf of said corporation. Notary Public STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2002,by ,the , a Minnesota ,on behalf of the corporation. Notary Public Notary Public K:1Comm.Dev1HPC-Heritage Pres.Commission\App.for Site Alteration Permit 2002-01-0006.doc V/,rr�., D CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims June 18,2002 SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development and Payment of Claims �- Financial Services/Don Uram Requested Action Move to: Approve the Payment of Claims as submitted(roll call vote) Synopsis Checks 110489-110829 Wire Transfers 1548-1555 Background Information Attachments City of Eden Prairie Council Check Summary 6/18/2002 Division Amount General 400,336 101 Legislative 50 110 City Clerk 3,302 111 Customer Service 6,529 112 Human Resources 715 114 Benefits&Training 3,744 116 Facilities 26,660 117 City Center 4,941 131 Finance 504 132 Housing,Trans,Social Service 2,500 133 Community Development 278 134 Heritage Preservation 525 135 Information Technology 33,239 136 Wireless Communication 3,299 151 Park Maintenance 9,322 153 Athletic Programs 40 154 Community Center 16,143 155 Beaches 366 156 Youth Programs 1,720 157 Special Events 22 158 Senior Center 2,697 160 Adaptive Recreation 933 161 Oak Point Pool 20 162 Arts 6,265 163 Park Facilities 370 180 Police 15,856 181 Telecommunicators 75 183 Civil Defense 388 184 Fire 1,188 185 Animal Control 213 186 Inspections 14 200 Engineering 409 201 Street Maintenance 61,128 202 Street Lighting 50,858 203 Fleet Services 31,585 204 Equipment Revolving 14,597 280 SWMT 954 301 CDBG 6,486 303 Cemetary Operation 7 304 Senior Awareness Fund 95 308 E-911 90 311 Grant Fund 6,329 312 Recycle Rebate 7,631 401 Equipment Cert. 1999A 153,938 417 $3,390,000 Facility Bond 2000 81,125 502 Park Development 156,169 503 Utility Improvement 49,479 506 Improvment Bonds 1996 30,646 507 Construction Fund 212,120 509 CIP Fund 2,490 601 Prairie Village Liquor 56,544 • 602 Den Road Liquor 82,456 603 Prairie View Liquor 75,589 701 Water Fund 125,372 702 Sewer Fund 191,655 703 Storm Drainage Fund 10,264 803 Escrow Fund 253 Report Totals 1,950,522 City of Eden Prairie Council Check Register 6/18/2002 Check# Amount Vendor Account Description Business Unit 1548 1,180 ICMA RETIREMENT TRUST-457 Pension Plans SouthWest Metro Transit 1549 63,063 PUBLIC EMPLOYEES RETIREMENT Employers PERA General Fund 1550 153,938 ANCHOR BANK Principal Equipment Certificates 1999A 1551 81,125 NATIONAL CITY BANK Interest $3,390,000 Facility Bond 2000 1552 127,313 WELLS FARGO MINNESOTA N A Federal Taxes Withheld General Fund 1553 23,995 MINNESOTA DEPT OF REVENUE State Taxes Withheld General Fund 1554 15,600 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund 1555 9,534 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 110489 175,652 METROPOLITAN COUNCIL ENVIRONME Waste Disposal Sewer Utility-General 110490 95,995 XCEL ENERGY Electric Street Lighting 110491 120 ANCHOR PAPER COMPANY Office Supplies General 110492 369 APT,JOE Instructor Service Senior Center Program 110493 24 BCA CJIS ID UNIT Other Contracted Services Finance 110494 253 BENSHOOF&ASSOCIATES INC Deposits Escrow 110495 118 BLOOMINGTON SECURITY SOLUTIONS Building Repair&Maint. Round Lake 110496 333 BREDAHL,TIFFANY Tuition Reimbursement/School In Service Training 110497 72 CHLORINE INSTITUTE INC,THE Training Supplies Water Treatment Plant 110498 1,063 CLASSIC GYMNASTICS Instructor Service Spring Skill Development 110499 38 COLEMAN,MEREDITH Program Fee Special Events&Trips 110500 519 DE LAGE LANDEN FINANCIAL SERVI Other Rentals General 110501 120 DIETZ,EUGENE Licenses&Taxes In Service Training 110502 709 ELAN FINANCIAL SERVICES Employee Award Human Resources 110503 410 FACILITY SYSTEMS INC Other Contracted Services Furniture 110504 5 FREY,KRISTIN Org Athletic League Fees Raquetball 110505 193 GE CAPITAL Other Rentals General 110506 349 HENNEPIN COUNTY I/T DEPT Software Maintenance Information Technology 110507 112 HOCHREIN,PAMELA Program Fee Afternoon Playground 110508 1,256 HOCKENBERGS Capital Under$2,000 Capital Outlay 110509 333 HOOGENAKKER,KATHLEEN Tuition Reimbursement/School In Service Training 110510 715 IND SCHOOL DIST 272 Special Event Fees Senior Center Program 110511 1,509 INTERNATIONAL UNION OF OPERATI Union Dues Withheld General Fund 110512 620 J H LARSON ELECTRICAL COMPANY Repair&Maint.Supplies City Center Operations 110513 206 KEATING,MARY Mileage&Parking Community Development 110514 120 KING,MARION Instructor Service Senior Center Program 110515 1,500 KOTCHEVAR,SUSAN Tuition Reimbursement/School In Service Training 110516 70 KRAEMERS HARDWARE INC Operating Supplies Park Maintenance 110517 106 KRESS,CARLA Mileage&Parking Adaptive Recreation 110518 449 LARSON PLUMBING INC Plumbing Permits General Fund 110519 20 LIEB,STEVE Lessons&Classes Oak Point Lessons 110520 66 MADSON,JACKIE Program Fee Summer Skill Development 110521 150 MCDONALD,LESLIE Program Fee Camps 110522 147,786 MEDICA CHOICE Medical Bills Prepaid General Fund 110523 156 MEDICINE LAKE TOURS Special Event Fees Adult Program 110524 236 MICHNOWSKI,FRAN Building Materials 2000 Rehab 110525 1,493 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund 110526 297 MINN NCPERS GROUP LIFE INSURAN Life Insurance Employees General Fund 110527 525 NAIL ALLIANCE OF PRESERVATION Conference Expense Heritage Preservation 110528 115 NCTRC Dues&Subscriptions In Service Training 110529 72 NORRIS,ILSE Program Fee Summer Skill Development 110530 9,254 PRAIRIEVIEW RETAIL LLC Building Rental Prairie View Liquor Store 110531 5,120 PRUDENTIAL INS CO OF AMERICA C Life Insurance Employees General Fund 110532 182 QWEST Telephone Water Utility-General 110533 575 REBS MARKETING Other Contracted Services Water Accounting 110534 10 REGIONAL MUTUAL AID ASSN Dues&Subscriptions In Service Training 110535 2,335 RELIASTAR LIFE INSURANCE CO Disability Ins Employers General Fund 110536 195 RENAISSANCE 1 DESIGN STUDIO Operating Supplies Summer Theatre 110537 6,250 RENEWAL BY ANDERSON Other Contracted Services 2000 Rehab 110538 104 SAMS,JOHN Travel Expense In Service Training 110539 43 STERICYCLE INC Other Contracted Services Police 110540 308 WILDER,LOIS Instructor Service Senior Center Administration 110541 40 ZOELLNER,MARK Other Contracted Services Softball 110542 750 BUREAU OF ALCOHOL TOBACCO AND Licenses&Taxes Prairie View Liquor Store 110543 175 CONSTRUCTION BULLETIN Operating Supplies Engineering 110544 23 CULLIGAN-METRO Other Contracted Services Outdoor Center City of Eden Prairie Council Check Register 6/18/2002 Check# Amount Vendor Account Description Business Unit 110545 287 DARTNELL CORPORATION,THE Dues&Subscriptions Water Utility-General 110546 270 DUPONT,BRENT Clothing&Uniforms • Police 110547 121 FEDEX Postage General 110548 98 HENNEPIN COUNTY PUBLIC RECORDS Other Contracted Services Engineering 110549 45 ITE Operating Supplies Engineering 110550 800 MARRIOTT WATERFRONT HOTEL Travel Expense Police 110551 12 MENARDS Small Tools Storm Drainage 110552 36 MINNESOTA DEPT OF PUBLIC SAFET Bike Registrations General Fund 110553 23 MINNESOTA POLLUTION CONTROL AG Licenses&Taxes Sewer Utility-General 110554 127 NEXTEL COMMUNICATIONS Pager&Cell Phone Wireless Communication 110555 13,674 PERKINS INC Autos Public Safety 110556 2,497 QWEST Telephone Water Utility-General 110557 923 RICHFIELD,CITY OF Autos Public Safety 110558 295 WALMART COMMUNITY Recreation Supplies Youth Programs Administration 110559 1,224 ALL SAINTS BRANDS DISTRIBUTING Beer Den Road Liquor Store 110560 170 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Prairie View Liquor Store 110561 3,244 BELLBOY CORPORATION Liquor Prairie View Liquor Store 110562 6,693 DAY DISTRIBUTING Beer Prairie Village Liquor Store 110563 1,634 EAGLE WINE COMPANY Wine Domestic Den Road Liquor Store 110564 9,167 EAST SIDE BEVERAGE COMPANY Beer Prairie View Liquor Store 110565 160 EXTREME BEVERAGE Misc Taxable Prairie View Liquor Store 110566 1,952 GRAPE BEGINNINGS Wine Domestic Den Road Liquor Store 110567 6,944 GRIGGS COOPER&CO Liquor Den Road Liquor Store 110568 180 HOHENSTEINS INC Beer Prairie Village Liquor Store 110570 35,940 JOHNSON BROTHERS LIQUOR CO Wine Domestic Prairie View Liquor Store 110571 2,050 LAKE REGION VENDING Tobacco Products Den Road Liquor Store 110572 11,598 MARK VII Beer Den Road Liquor Store 110573 670 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store 110574 208 NORTH STAR ICE Misc Non-Taxable Prairie Village Liquor Store 110575 2,974 PAUSTIS&SONS COMPANY Wine Imported Den Road Liquor Store 110576 19,009 PHILLIPS WINE AND SPIRITS INC Liquor Prairie View Liquor Store 110577 1,117 PINNACLE DISTRIBUTING Tobacco Products Den Road Liquor Store 110578 1,306 PRIOR WINE COMPANY Wine Domestic Prairie Village Liquor Store 110580 11,567 QUALITY WINE&SPIRITS CO Liquor Den Road Liquor Store 110581 10,285 THORPE DISTRIBUTING Beer Den Road Liquor Store 110582 83 VINTAGE ONE WINES INC Wine Domestic Prairie Village Liquor Store 110583 777 WINE COMPANY,THE Wine Domestic Den Road Liquor Store 110584 1,254 WINE MERCHANTS INC Wine Domestic Prairie Village Liquor Store 110585 2,107 WORLD CLASS WINES INC Wine Imported Prairie Village Liquor Store 110586 175 50TH IAATI SEMINAR Tuition Reimbursement/School Auto Theft Prevention Grant 110587 230 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Senior Center Program 110588 5,550 ADTECH COMMUNICATIONS GROUP Other Contracted Services Grant Fund 110589 150 AMERICAN RED CROSS Tuition Reimbursement/School In Service Training 110590 330 BLOOMINGTON SECURITY SOLUTIONS Building Repair&Maint. Water Treatment Plant 110591 17 BORCHERT,SUE Program Fee Preschool Events 110592 160 BOSACKER,MIKE Clothing&Uniforms Police 110593 600 CHAD NESTOR&ASSOCIATES Printing Adaptive Recreation 110594 105 CLANCY,DEBORAH Lessons&Classes Ice Arena 110595 604 CROWNE PLAZA PYRAMID Travel Expense Auto Theft Prevention Grant 110596 190 D'AMICO AND SONS Miscellaneous General Facilities 110597 40 FREY,TERRI GEIGER Instructor Service Outdoor Center 110598 75 GILLIS,CHRISTY Clothing&Uniforms Telecommunicators 110599 480 GOVERNMENT FINANCE OFFICERS AS Awards Finance 110600 105 GTCTA Conference Expense In Service Training 110601 2,157 HENNEPIN CNTY TREAS-GENERAL Board of Prisoner Police 110602 50 I.A.L.E.F.I. Dues&Subscriptions Police 110603 28 IND SCHOOL DIST 272 Building Rental Art&Music 110604 200 ITE DISTRICT 4 Conference Expense In Service Training 110605 25 JUMBECK,EILEEN Program Fee Adult Program 110606 5,785 KMC TELECOM HOLDINGS INC. Telephone Telephone 110607 61 LIMBERG,KRISTY Operating Supplies Summer Theatre 110608 61 MANN,TRIA Mileage&Parking Arts 110609 35 MCFOA Dues&Subscriptions In Service Training 110610 108 MCFOA Gas Fire Station#5 City of Eden Prairie Council Check Register 6/18/2002 Check# Amount Vendor Account Description Business Unit 110611 2,115 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund 110612 2,386 MINNEGASCO Gas Fire Station#1 110613 726 MITCHELL,JULIE Other Contracted Services Police 110614 200 OTTERNESS,RON Instructor Service Outdoor Center 110615 190 PAINT YOUR PLATE Operating Supplies Leisure Time 110616 251 PETTY CASH Mileage&Parking Therapeutic Recreation 110617 189 PE i I Y CASH-POLICE DEPT Training Supplies Police 110618 5,895 POLICE EXECUTIVE RESEARCH FORU Conference Expense Police 110619 120 QWEST Telephone Preserve Park 110620 30 ROLF,LISA Operating Supplies Fitness Classes 110621 140 STAR TRIBUNE Dues&Subscriptions In Service Training 110622 35 TCALMC Conference Expense In Service Training 110623 40 TRAPP,SUZANNE Instructor Service' Outdoor Center 110624 12 VENKATA,NARENDER Other Revenue General Fund 110625 80 VISIONARY ALLIANCE GROUP Training Supplies Police 110626 90 WALSTEIN,LOUISE M. Instructor Service Outdoor Center 110627 59 WERTS,SANDY Mileage&Parking Senior Center Administration 110628 96 ACE ICE COMPANY Misc Non-Taxable Prairie View Liquor Store 110629 185 ALL SAINTS BRANDS DISTRIBUTING Beer Prairie View Liquor Store 110630 39 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Den Road Liquor Store 110631 2,194 BELLBOY CORPORATION Wine Imported Den Road Liquor Store 110632 540 COMMANDEUR LLC Wine Imported Prairie Village Liquor Store 110633 4,862 DAY DISTRIBUTING Beer Den Road Liquor Store 110634 1,908 EAGLE WINE COMPANY Wine Imported Den Road Liquor Store 110635 2,428 EAST SIDE BEVERAGE COMPANY Beer Prairie View Liquor Store 110636 383 GETTMAN COMPANY Misc Taxable Den Road Liquor Store 110637 1,459 GRAPE BEGINNINGS Wine Domestic Den Road Liquor Store 110638 10,353 GRIGGS COOPER&CO Liquor Den Road Liquor Store 110639 491 HOHENSTEINS INC Beer Den Road Liquor Store 110640 1,026 JOHNSON BROTHERS LIQUOR CO Liquor Den Road Liquor Store 110641 1,718 LAKE REGION VENDING Tobacco Products Prairie View Liquor Store 110642 9,739 MARK VII Beer Den Road Liquor Store 110643 299 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store 110644 270 NORTH STAR ICE Misc Non-Taxable Den Road Liquor Store 110645 715 PAUSTIS&SONS COMPANY Wine Domestic Den Road Liquor Store 110646 352 PEPSI COLA COMPANY Misc Taxable Den Road Liquor Store 110647 746 PHILLIPS WINE AND SPIRITS INC Wine Domestic Prairie Village Liquor Store 110648 665 PINNACLE DISTRIBUTING Tobacco Products Prairie View Liquor Store 110649 2,574 PRIOR WINE COMPANY Wine Imported Prairie View Liquor Store 110650 3,847 QUALITY WINE&SPIRITS CO Liquor Den Road Liquor Store 110651 12,953 THORPE DISTRIBUTING Beer Prairie View Liquor Store 110652 108 TRI COUNTY BEVERAGE&SUPPLY Beer Den Road Liquor Store 110653 1,413 WINE COMPANY,THE Wine Domestic Den Road Liquor Store 110654 3,572 WINE MERCHANTS INC Wine Imported Prairie View Liquor Store 110655 1,275 WORLD CLASS WINES INC Wine Domestic Den Road Liquor Store 110656 159 A P LAWN INC Other Contracted Services Fire Station#1 110657 194 AAA LAMBERTS LANDSCAPE PRODUCT Landscape Materials/Supp Water System Maintenance 110658 1,795 ACME WINDOW CLEANING INC. Building Repair&Maint. Fire Station#1 110659 95 AIRLIFT DOORS INC. Building Repair&Maint. Maintenance 110660 1,484 ALFAX WHOLESALE FURNITURE INC. Capital Under$2,000 Water Treatment Plant 110661 1,028 AMERICAN WATER WORKS ASSOCIATI Training Supplies Water Utility-General 110662 414 ANCHOR PAPER COMPANY Office Supplies General 110663 562 ANCHOR PRINTING COMPANY Printing Summer Theatre 110664 196 ANOKA COUNTY SHERIFF'S OFFICE Other Rentals Police 110665 188 ANOKA RAMSEY SPORT CENTER Equipment Parts Storm Drainage 110666 95 BADGE A MINIT Operating Supplies Senior Awareness 110667 270 BARTON SAND&GRAVEL CO Gravel Street Maintenance 110668 1,841 BAUER BUILT TIRE AND BATTERY Tires Fleet Services 110669 2,234 BENIEK PROPERTY SERVICES INC. Other Contracted Services Fire Station#2 110670 216 BERNE SCALE Other Contracted Services Water Treatment Plant 110671 430 BIFFS INC Waste Disposal Park Maintenance 110672 2,942 BLACK&VEATCH Other Contracted Services Water Treatment Plant 110673 162 BLACK BOX CORPORATION Equipment Parts Wireless Communication 110674 626 BLOOMINGTON SECURITY SOLUTIONS Repair&Maint Supplies Fire Station#2 5 _- City of Eden Prairie Council Check Register 6/18/2002 Check# Amount Vendor Account Description Business Unit 110675 124 BRAEMAR MAILING SERVICE INC Other Contracted Services Fire 110676 2,700 BRAUN INTERTEC CORPORATION Testing-Soil Boring Improvement Projects 1996 110677 27,945 BROCK WHITE CO Seal Coating Street Maintenance 110678 400 BUG ZONE LLC,THE Other Contracted Services Environmental Education 110679 2,109 CAPITOL COMMUNICATIONS Capital Under$2,000 Wireless Communication 110680 198 CARLSON TRACTOR AND EQUIPMENT Equipment Parts Fleet Services 110681 38 CATCO CLUTCH&TRANSMISSION SE Equipment Parts Fleet Services 110682 533 CDW GOVERNMENT INC. Other Hardware Information Technology 110683 2,125 CE LASALLE&ASSOCIATES Right of Way&Easement Improvement Projects 1996 110684 6,226 GEMSTONE Repair&Maint.Supplies Sewer System Maintenance 110685 2,845 CENTRAIRE INC Equipment Repair&Maint Fire Station#1 110686 121 CHANHASSEN BUMPER TO BUMPER Equipment Parts Fleet Services 110687 3,302 CIDERTECH Other Contracted Services City Clerk 110688 2,378 CLAREYS INC Safety Supplies Fleet Services 110689 282 CLARK'S STUMP REMOVAL • Other Contracted Services Tree Removal 110690 1,175 CLOSED CIRCUIT SPECIALISTS INC Equipment Repair&Maint Maintenance 110691 403 COMARK GOVT&EDUCATION SALES Operating Supplies General 110692 326 CONNEY SAFETY PRODUCTS Safety Supplies Water Utility-General 110693 592 CONSTRUCTION BULLETIN Legal Notices Publishing Chanson Area Construction 110694 3,055 CORPORATE EXPRESS Office Supplies Police 110695 301 COURTNEY TRUCK SERVICE Equipment Repair&Maint Fleet Services 110696 149 CUMMINS NORTH CENTRAL INC Equipment Parts Fleet Services 110697 8,360 CUTLER-MAGNER COMPANY Chemicals Water Treatment Plant 110698 64 D J'S MUNICIPAL SUPPLY INC Operating Supplies Traffic Signs 110699 50 DALCO Cleaning Supplies Maintenance 110700 230 DALE GREEN COMPANY,THE Landscape Materials/Supp Street Maintenance 110701 327 DAS MANUFACTURING INC Operating Supplies Environmental Education 110702 568 DECORATIVE DESIGNS INC Building Repair&Maint. City Center Operations 110703 25,686 DELL MARKETING L.P. Computers Information Technology 110704 156,169 DMJ CORPORATION Improvements to Land Park Acquisition&Development 110705 591 DNR EMBROIDERY Clothing&Uniforms Summer Theatre 110706 38 DRISKILLS NEW MARKET Operating Supplies Water Utility-General 110707 4,302 EARL C.BENSON&ASSC Clothing&Uniforms Art&Music 110708 109 EARL F ANDERSEN INC Operating Supplies Traffic Signs 110709 424 ECOLAB INC Building Repair&Maint. Water Treatment Plant 110710 102 EDEN PRAIRIE CHAMBER OF COMMER Miscellaneous In Service Training 110711 117 EDINA SW PLUMBING Building Repair&Maint. Fire Station#2 110712 15,072 ESS BROTHERS&SONS INC* Repair&Maint.Supplies Sewer System Maintenance 110713 1,671 EULL'S MANUFACTURING CO INC Repair&Maint.Supplies Storm Drainage 110714 211,788 F.F.JEDLICKI INC Improvement Contracts Charlson Area Construction 110715 85 FERRELLGAS Motor Fuels Ice Arena 110716 17 FIELDWORKS Operating Supplies Engineering 110717 1,349 FIRENET SYSTEMS INC Other Contracted Services Water Treatment Plant 110718 175 FORESTRY SUPPLIERS INC. Operating Supplies Environmental Education 110719 2,798 FUTURE CITY DECORATING GROUP Building Repair&Maint. Police City Center 110720 258 G&K SERVICES-MPLS INDUSTRIAL Cleaning Supplies Water Treatment Plant 110721 116 GREENMAN TECHNOLOGIES OF MN IN Waste Disposal Fleet Services 110722 7,600 HAMLINE UNIVERSITY GRADUATE SC Other Contracted Services Recycle Rebate 110723 118 HANCE COMPANIES Equipment Parts Fleet Services 110724 5,519 HANSEN THORP PELLINEN OLSON Design&Engineering Utility Improvement Fund 110725 15,162 HARTLAND FUEL PRODUCTS LLC Motor Fuels Fleet Services 110726 3,718 HAWKINS WATER TREATMENT GROUP Chemicals Water Treatment Plant 110727 7 HAYDEN-MURPHY EQUIPMENT COMPAN Equipment Parts Fleet Services 110728 3,850 HENNEPIN CONSERVATION DISTRICT Other Contracted Services Storm Drainage 110729 65 HENNEPIN COUNTY TREASURER Operating Supplies Community Development 110730 92 HUMAN SERVICES-EMSOCS Other Contracted Services Park Maintenance 110731 211 ICERINK SUPPLY CO Equipment Repair&Maint Ice Arena 110732 656 IND SCHOOL DIST 272 Building Rental Summer Theatre 110733 365 INFRATECH Equipment Parts Sewer System Maintenance 110734 366 INNOVATIVE GRAPHICS Clothing&Uniforms Round Lake Beach 110735 955 INSTITUTE FOR ENVIRONMENTAL AS Other Contracted Services Capital Impr./Maint.Fund 110736 1,554 INTELLUTION Software Water Treatment Plant 110737 23 INVISIBLE FENCE CO OF MN Operating Supplies Street Maintenance 110738 451 J J KELLER&ASSOCIATES INC Training Supplies Water Treatment Plant __--_:.4_ City of Eden Prairie Council Check Register 6/18/2002 Check# Amount Vendor Account Description Business Unit 110739 1,531 JANEX INC Cleaning Supplies General Facilities 110740 640 JIM HATCH SALES CO Equipment Parts Fleet Services 110741 32 KINKO'S Printing Fire 110742 66 KRAEMERS HARDWARE INC Repair&Maint.Supplies Water System Maintenance 110743 506 LAB SAFETY SUPPLY INC Cleaning Supplies Water Treatment Plant 110744 651 LAKE COUNTRY DOOR Equipment Repair&Maint Fire Station#1 110745 2,546 LAKELAND FORD TRUCK SALES Equipment Parts Fleet Services 110746 139 LAW ENFORCMENT TARGETS INC Training Supplies Police 110747 213 LEROY JOB TRUCKING Other Contracted Services Animal Control 110748 96 LESCO INC Landscape Materials/Supp Water Well#6 110749 623 LIGHTNING PRINTING Printing Senior Center Program 110750 24,244 LOGIS LOGIS Information Technology 110751 22 MACQUEEN EQUIPMENT INC Equipment Parts Fleet Services 110752 1,200 MAPLE GROVE,CITY OF Other Rentals Police 110753 309 MARS CO Office Supplies Water Utility-General 110754 23,475 MCF-LINO LAKES Other Contracted Services Street Maintenance 110755 362 MENARDS Landscape Materials/Supp Outdoor Center 110756 4,472 METRO CONCRETE RAISING INC Mudjacking Curbs Drainage 110757 98 METROPOLITAN FORD Equipment Parts Fleet Services 110758 281 METROPOLITAN MECHANICAL Equipment Repair&Maint Ice Arena 110759 1,171 MIDWEST ASPHALT CORPORATION Patching Asphalt Street Maintenance 110760 10 MIKE'S SHOE REPAIR INC Clothing&Uniforms Fire 110761 111 MINN ST ADMIN ITG TELECOM SERV Software Maintenance Information Technology 110762 46 MINNESOTA CONWAY Equipment Repair&Maint Prairie View Liquor Store 110763 325 MINNESOTA DEPT OF PUBLIC SAFET Operating Supplies Civil Defense 110764 61 MINNESOTA PLASTICS Operating Supplies Fleet Services 110765 686 MINNESOTA PRINT MANAGEMENT LLC Office Supplies General 110766 176 MINNESOTA ROADWAYS CO Patching Asphalt Street Maintenance 110767 580 MTI DISTRIBUTING INC Equipment Parts Fleet Services 110768 955 MUNICILITE Equipment Parts Fleet Services 110769 65 NORTH CENTRAL LABORATORIES Operating Supplies Water System Maintenance 110770 9,739 NORTHWEST ASPHALT Improvement Contracts Improvement Projects 1996 110771 699 NORTHWEST BUSINESS SYSTEMS Equipment Repair&Maint Telephone 110772 135 OLSEN COMPANIES Protective Clothing Water System Maintenance 110773 382 OSI BATTERIES INC Equipment Parts Fleet Services 110774 40 PAPER WAREHOUSE Employee Award Human Resources 110775 256 PARTEK SUPPLY INC Operating Supplies Street Maintenance 110776 3,005 PICHA GREENHOUSE Landscape Materials/Supp Park Maintenance 110777 19,725 PLEHAL BLACKTOPPING INC Other Contracted Services Water Treatment Plant 110778 335 PORT-A-WELDING INC Building Repair&Maint. Maintenance 110779 4,315 PRAIRIE ELECTRIC COMPANY Equipment Repair&Maint Water Treatment Plant 110780 85 PRAIRIE LAWN AND GARDEN Operating Supplies Street Maintenance 110781 177 PRAIRIE OFFSET PRINTING Signs Traffic Signs 110782 1,484 PRECISION TURF&CHEMICAL INC Chemicals Park Maintenance 110783 1,571 PRIOR WINE COMPANY Wine Domestic Den Road Liquor Store 110784 183 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Services 110785 45 PUBLIC SAFETY EQUIPMENT CO Equipment Parts Fleet Services 110786 4 RAINBOW FOODS INC. Operating Supplies Senior Center Program 110787 278 RIGID HITCH INCORPORATED Equipment Parts Fleet Services 110788 135 RITZ CAMERA Video&Photo Supplies Police 110789 8,171 RMR SERVICES INC Other Contracted Services Water Meter Repair 110790 963 RUFFRIDGE JOHNSON EQUIPMENT CO Equipment Parts Fleet Services 110791 417 SALAMANDER TECHNOLOGIES INC Operating Supplies Fire 110792 54 SCHARBER&SONS Equipment Parts Fleet Services 110793 964 SEELYE PLASTICS INC Repair&Maint.Supplies Water Treatment Plant 110794 48 SNIFFLER EQUIPMENT SALES INC Small Tools General Facilities 110795 14,615 SHORT ELLIOT HENDRICKSON INC Design&Engineering Improvement Projects 1996 110796 593 SHRED-IT Waste Disposal City Center Operations 110797 163 SNAP-ON TOOLS Small Tools Fleet Services 110798 962 STANDARD SPRING Equipment Repair&Maint Fleet Services 110799 50 STATE OF MN OFFICE OF ADMIN HE Other Contracted Services City Council 110800 854 STEMPF AUTOMOTIVE INDUSTRIES I Equipment Parts Fleet Services 110801 2,500 STOREFRONT GROUP,THE Other Contracted Services Housing,Trans,&Human Sery 110802 618 STREICHERS Capital Under$2,000 Fleet Services l City of Eden Prairie Council Check Register 6/18/2002 Check# Amount Vendor Account Description Business Unit 110803 749 SUBURBAN CHEVROLET GEO Equipment Parts Fleet Services 110804 35 SUBURBAN PROPANE Motor Fuels Fleet Services 110805 1,593 SUBURBAN TIRE WHOLESALE INC Tires Fleet Services 110806 9,388 SUMMIT ENVIROSOLUTIONS Design&Engineering Utility Improvement Fund 110807 125 SWEDLUNDS Waste Disposal Outdoor Center 110808 416 TESSCO Operating Supplies Wireless Communication 110809 190 THOMPSON PLBG Other Contracted Services Water System Maintenance 110810 1,754 TKDA Design&Engineering Utility Improvement Fund 110811 35,692 TOTAL CONSTRUCTION&EQUIPMENT Improvement Contracts Utility Improvement Fund 110812 1,400 TOTAL REGISTER Equipment Repair&Maint Prairie View Liquor Store 110813 1,395 TRANS ALARM INC Operating Supplies Police 110814 75 TWIN CITIES JAZZ SOCIETY Advertising Staring Lake Concert 110815 67 TWIN CITY OXYGEN CO Operating Supplies Water System Maintenance 110816 312 UNIFORMS UNLIMITED Clothing&Uniforms Police 110817 491 UNITED LABORATORIES Cleaning Supplies General Facilities 110818 1,275 UNITED PROPERTIES LLC DESIGN S Other Contracted Services Capital Impr./Maint.Fund 110819 4,744 UNITED RENTALS HIGHWAY TECHNOL Contracted Striping Traffic Signs 110820 568 UNLIMITED SUPPLIES INC Repair&Maint.Supplies Water System Maintenance 110821 71 US FILTER/WATERPRO Repair&Maint.Supplies Water System Maintenance 110822 11,115 VALLEY RICH CO INC Other Contracted Services Water System Maintenance 110823 741 W W GRAINGER Operating Supplies General Facilities 110824 1,489 WATER SPECIALITY OF MN INC Chemicals Pool Maintenance 110825 177 WESTSIDE EQUIPMENT Equipment Repair&Maint Fleet Services 110826 243 WICHTERMAN'S LTD Equipment Repair&Maint Fleet Services 110827 2,171 WM MUELLER AND SONS INC Patching Asphalt Street Maintenance 110828 256 YOCUM OIL COMPANY INC Other Contracted Services Water Treatment Plant 110829 8,329 ZIEGLER INC Machinery&Equipment Fire Station#1 1,950,522 Grand Total CITY COUNCIL AGENDA DATE:June 18,2002 SECTION: Ordinance and Resolutions SERVICE AREA/DIVISION: ITEM DESCRIPTION: First Reading of an ITEM NO: Parks and Recreation Ordinance Amending Section 9.04 and 9.99 of the Robert A. Lambert Director City Code ` I ` Requested Action Motion: Move to approve the first reading of an Ordinance amending Section 9.04 and 9.99 of the City Code relating to rules and regulations governing public parks. Synopsis The Public Safety Department has recommended the City consider making the following three changes to the Park Use Ordinance: 1. Prohibit the possession of glass containers in the parks. The police are finding more and more areas where broken glass is a problem. The current ordinance only restricts its use on swimming beaches. 2. Provide a provision that requires people to obey park regulations that are posted by the Director of Parks and Recreation Services. There are a number of facilities that require specific rules relating to safe use of the facility, such as the skateboard park. Police are not able to enforce rules unless this provision is part of the City Code. 3. Prohibit the use of snowmobiles, trail bikes, or other all terrain vehicles, hovercrafts, or motor vehicles licensed for highway operation being used for off road recreational purposes in parks within the limits of the City. This language clarifies that these types of vehicles are not allowed within City parks. Background These changes will allow the Public Safety department to address issues that have become problems in parks in recent years. The general philosophy the City has had over the years regarding prohibiting various uses within parks was to be fairly liberal with park rules until it became apparent that rules were necessary. These additional rules are necessary in order to provide a safe and well maintained park system. CITY OF EDEN PRAIRIE HENNEPIN COUNTY,NIINNESOTA ORDINANCE NO. -2002 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 9 BY AMENDING SECTION 9.04 RELATING TO RULES AND REGULATIONS GOVERNING PUBLIC PARKS; 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,IVHNNESOTA ORDAINS: Section 1. City Code Section 9.04, subd. 4(Z)is amended as follows: Z. Possess glass containers; or deposit, scatter, drop, or abandon bottles, cans, glass, coals, ashes, sewage, water, or other material on park property except in receptacles provided for such purpose. Section 2. City Code Section 9.04, subd. 4, is amended to add subpart (AL) as follows: AL. Disregard or disobey any park regulations that are legally posted by the Director of Parks and Recreation. Section 3. City Code Section 9.04 is amended to add Subd. 6 as follows: Subd. 6. Recreational Motor Vehicles. It is a misdemeanor for any person, to operate a recreational motor vehicle, which includes, but is not limited to, snowmobiles, trail bikes, or other all-terrain vehicles, hovercrafts, or motor vehicles licensed for highway operation being used for off-road recreational purposes, in parks within the limits of the City. This subdivision shall not apply to recreational motor vehicles operated by enforcement, emergency and resource management personnel acting in the performance of their duties. The definition and regulatory provisions of Minnesota Statutes § 84.90 through 84.929 are hereby incorporated and adopted by reference, including the penalty provisions thereof. Section 4. 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 by reference as thogh repeated verbatim herein. Section 5. This Ordinance shall become effective from and after is passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the day of , 2002, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of ,2002. Kathleen Porta, City Clerk Nancy Tyra-Lukens,Mayor PUBLISHED in the Eden Prairie News on the day of ,2002. ep\city code\chapter 9-public parks 3 -3 CITY COUNCIL AGENDA DATE: June 18,2002 SECTION: Ordinances and Resolutions SERVICE AREA/DIVISION: ITEM DESCRIPTION: Ordinance Public Works Service Area Amending Phosphorus Fertilizer ITEM NO.: Leslie Stovring Restrictions . , Through Eugene Dietz Requested Action Move to: Approve 1st reading of an Ordinance amending City Code Section 9.14 to clarify phosphorus containing fertilizer usage restrictions and adding fertilizer sale restrictions. Synopsis This ordinance is proposed to amend City Code Section 9.14 to: • Clarify fertilizer usage restrictions within the City • Add restrictions regarding the display and sale of phosphorus fertilizers. • Adopt the State legislation to simplify enforcement. Staff recommends that the City Council adopt the proposed City Code amendment. Background Information State Legislation Minnesota Chapter 345 (Senate File No. 1555) was signed into law on April 19, 2002. This legislation limits the use of phosphorus-containing fertilizer statewide. However,it does not limit the sale of phosphorus-containing fertilizer and it does not regulate how phosphorus-containing fertilizers should be marketed or displayed by commercial establishments. Cities who wish to regulate these items to prevent continued use of phosphorus fertilizers on a regular basis must do so prior to August 1, 2002. This Chapter contains the following key provisions: • Application of fertilizer containing the plant nutrient phosphorus is prohibited for turf areas in a metropolitan county. Exceptions would include cases where the soil or tissue sampling indicates phosphorus is required,the sod or seed is in its first growing season,or the fertilizer is used on a golf course. • Consumer information on use restrictions and best practices for use of phosphorus containing fertilizer must be developed in a content suitable for posting and distribution at retail points of sale. The commissioner is to develop this information in consultation with the University of Minnesota Extension,fertilizer industry representatives,lakes groups and other interested or affected parties. • No fertilizer may be applied to impervious surfaces such as highways, streets, sidewalks, parking lots, driveways or other materials that prohibit infiltration of water into the soil. • The legislation is to be enforced by local units of government under their existing authority. Violations are to treated as a misdemeanor. rig Phosphorus Fertilizer Display&Sale June 4,2002 Page 2 of 2 Current City Code The City of Eden Prairie adopted City Code Section 9.14 in 1996 to require commercial fertilizer applicators to limit use of phosphorus-containing fertilizers. Commercial applicators are required to acquire a license to apply fertilizer. Currently there are 22 applicators licensed with the City. The ordinance currently does not regulate sale or display of fertilizer products or usage by residents. • Area Municipalities The Cities of Shorewood and Minneapolis have passed ordinances limiting sales of phosphorus. The provisions limiting sale are identical. They include the following: • Small quantities of phosphorus fertilizer may be sold for use. Displays of lawn fertilizer shall be limited to 10%of the quantity of non-phosphorus lawn fertilizer on display. • Fertilizer must be clearly marked as containing phosphorus and must be separated from the display of other fertilizers by no less than eight feet. • For each sale of fertilizer, the seller shall provide the buyer with a copy of the Chapter regulating fertilizer usage. Other municipalities within the metro area,including the City of Plymouth,are considering similar ordinances. Proposed City Code Changes The following are key provisions from the amendment. • Require phosphorus-free fertilizer to be sold wherever phosphorus fertilizer is sold. • Require separate displays of phosphorus and non-phosphorus fertilizers. • Require that all displays of fertilizers be well marked. • Require that the displays of phosphorus free fertilizer be limited to 10%of the quantity of non- phosphorus lawn fertilizer on display. • Require that the vendor provide a copy of City Code Section 9.14 with any sale of phosphorus fertilizer. • Require a sign that has been pre-approved by the City be displayed which provides information on phosphorus • Require that no Person(individual,firm,partnership,association,or private corporation)apply phosphorus containing fertilizer. All phosphorus fertilizer usage exemptions and requirements for a Person would be the same as Commercial Applicators. Attachments: Ordinance CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. -2002 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING SECTION 9.14 OF THE CITY CODE IN ITS ENTIRETY RELATING TO LAWN FERTILIZER APPLICATION CONTROL AND PROVIDING FOR PENALTIES FOR VIOLATION THEREOF. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA, ORDAINS: Section 1. City Code Section 9.14 is amended to read as follows: CHAPTER 9. LAWN FERTILIZER APPLICATION CONTROL. Subd. 1. Purpose. The purpose of this Ordinance is to establish regulations that will aid the City in maintaining and improving water resources within its jurisdiction,thus enhancing the enjoyment of the water resources by City residents and other users. The provisions of Minnesota Statutes 2002, Chapter 18C, Fertilizer, Soil Amendment, and Plant Amendment Law, are hereby incorporated herein and adopted by reference. Subd. 2. Definitions. The definitions contained in Minnesota Statutes § 103E.005, subd. 1, as amended, are adopted by reference. For the purpose of this section, certain terms and words are defined as follows: A. Commercial Applicator: a person who is engaged in the business of applying fertilizer for hire as defined in City Code Section 5.45. B. Non-Commercial Applicator: a person who applies fertilizer during the course of employment,but who is not a commercial lawn fertilizer applicator. C. Person: "Person" means an individual, firm, partnership, association, or private corporation. Subd. 3. Regulations Relating to the Use of Fertilizers.No Commercial Applicator, Non-commercial Applicator, or Person shall: A. Time of Application. Apply lawn fertilizer when the ground is frozen or when conditions exist which will promote or create runoffs,or between November 30 and April 1 of any year. B. Fertilizer Content: Apply fertilizer,liquid or granular,containing phosphorous or compound containing phosphorous,such as phosphate, except: 7 1. Upon newly established or developed turf and lawn areas during the first growing season; 2. Naturally occurring phosphorous in unadulterated natural or organic fertilizing products such as yard waste compost; 3. Persons who apply fertilizer for normal and ordinary farming and agricultural operations;or 4. Upon turf and lawn areas that soil tests confirm are below phosphorous levels established by the University of Minnesota Extension Services. The lawn fertilizer application shall not contain an amount of phosphorous exceeding the amount of phosphorous in the appropriate application rate recommended in the soil test evaluation. Phosphorous applied as lawn fertilizer pursuant to the aforementioned exemptions shall be watered into the soil where it is immobilized and generally protected from loss by runoff. C. Impervious Surfaces and Drainage Ways. Apply fertilizer to impervious surfaces, drainage ditches, or water ways. D. Buffer Zone. Apply fertilizers and pesticides below the ordinary high water level of water bodies as established by the Minnesota Department of Natural Resources, within 25 feet of any wetland or water resource, or within conservation easements. Subd. 4. Regulations Relating to the Sale of Fertilizers. No person, firm, corporation,franchise,or commercial establishment shall sell any lawn fertilizer,liquid or granular, within the City of Eden Prairie that contains any amount of phosphorous or other compound. containing phosphorous, such as phosphate,unless: 1. Phosphorous-free fertilizer is also for sale; 2. Phosphorous-free fertilizer and fertilizer with phosphorous are separately displayed with each display being clearly marked as to whether or not the fertilizer contains phosphorous; and 3. Displays of phosphorous-fertilizers shall be limited to ten percent (10%) of the quantity of non-phosphorus on display at any time. 4. For each sale of such fertilizer,the seller shall provide the buyer with a copy of this section of the Eden Prairie City Code. 1 5. Fertilizer displays shall include signage providing information on phosphorus. All signage must be pre-approved or provided by the City on request. Snbd. 5 Penalty. Any person violating this section shall be guilty of a petty misdemeanor. The City may revoke a commercial applicator's license for repeat violations of this section. Section 2. City Code Chapter 1 entitled"General Provisions and Definitions Applicable to the Entire City Code, Including Penalty for Violation"is hereby adopted in its entirety by reference as though repeated verbatim herein. Section 3. This Ordinance shall take effect from and after its publication as required by law. ADOPTED BY THE CITY COUNCIL THIS DAY OF ,2002. Kathleen Porta, City Clerk Nancy Tyra-Lukens,Mayor CITY COUNCIL AGENDA DATE: 06/18/02 SECTION: Ordinances and Resolutions SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development Donald R.Uram Smith Douglas More House Conditional Use Permit Jam., C, Scott A.Kipp Requested Action • Approve 2"a Reading of the Ordinance for Planned Unit Development District Review with waivers,Zoning District Amendment within the Rural Zoning District on 1.7 acres; and • Adopt the Resolution for Site Plan Review on 1.7 acres. Synopsis This is for the adaptive reuse of Smith Douglas More house for a Dunn Brothers Coffee. Attachments 1. Ordinance for PUD District Review and Zoning District Amendment 2. Ordinance Summary 3. Resolution for Site Plan t 1-19 SMITH DOUGLAS MORE HOUSE CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 19-2002-PUD-14-2002 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 Rural Zoning District 19-2002-PUD-14-2002 (hereinafter "PUD-14- 2002-Rural). Section 3. The City Council hereby makes the following findings: A. PUD-14-2002-Rural is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-14-2002-Rural 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-14-2002-Rural are justified by the design of the development described therein. D. PUD-14-2002-Rural is of sufficient size, composition, and arrangement that its construction, marketing, and operation is feasible as a complete unit without dependence upon any subsequent unit. Section 4. The proposal is hereby adopted and the land shall be, and hereby is amended within the Rural District and shall be included hereafter in the Planned Unit Development 14-2002-Rural, and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 5. City Code Chapter 1 entitled "General Provisions and Definitions IT0 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 6. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 18th day of June, 2002, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the 18th day of June, 2002. ATTEST: Kathleen A.Porta,City Clerk Nancy Tyra-Lukens,Mayor PUBLISHED in the Eden Prairie News on EXHIBIT A PUD Legal Description — Smith Douglas More House That part of the Southeast 1/4 of the Northeast 1/4 of Section 17, Township 116, Range 22, described as follows: Commencing•at the NW corner of said Quarter-Quarter; thence South along the West line of said Quarter-Quarter; thence South along the West line of said Quarter- Quarter distance 316 feet to the actual point of beginning; thence East parallel with the North line of said Quarter-Quarter distant 357.0 feet; thence South with the West line of said Quarter- Quarter distant 242 feet;thence West parallel with the North line of said Quarter-Quarter distant 357.0 feet; thence North along the West line of said Quarter-Quarter distant 242.0 feet to the point of beginning, according to the Government Survey, except road. SMITH DOUGLAS MORE HOUSE PUD CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO. 19-2002-PUD-14-2002 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 8107 Eden Prairie Road within the Rural 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 Nancy Tyra-Lukens,Mayor PUBLISHED in the Eden Prairie News on the (A full copy of the text of this Ordinance is available from City Clerk.) SMITH DOUGLAS MORE HOUSE CITY OF EDEN PRAIRIE HENNEPIN COUNTY,IVIINNESOTA RESOLUTION NO.2002- A RESOLUTION GRANTING SITE PLAN APPROVAL FOR SMITH DOUGLAS MORE HOUSE BY DUNN BROTHERS COFFEE WHEREAS, Dunn Brothers Coffee, has applied for Site Plan approval on 1.7 acres to allow for the adaptive reuse of the Smith Douglas More House for a Dunn Brothers Coffee shop to be zoned in the Rural Zoning District on 1.7 acres by an Ordinance approved by the City Council on June 18,2002; and WHEREAS,the Community Planning Board reviewed said application at a public hearing at its June 10, 2002 meeting and recommended approval of said site plans; and WHEREAS,the City Council has reviewed said application at a public hearing at its June 18,2002 meeting. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval be granted to Dunn Brothers Coffee, for the adaptive reuse of the Smith Douglas More House for a Dunn Brothers Coffee shop,based on plans dated June 14, 2002, between Dunn Brothers Coffee, and the City of Eden Prairie. ADOPTED by the City Council of the City of Eden Prairie this 18th day of June,2002. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen A.Porta, City Clerk 1 ZL1 CITY COUNCIL AGENDA DATE: SECTION: Reports of the Councilmembers June 18,2002 SERVICE AREA: ITEM DESCRIPTION: ITEM NO. Discussion of Proposed Smoke-Free Air 4 Ordinance MI- 1 , I, Requested Action No action is requested. This item is for discussion purposes. Synopsis The purpose of this item is to: • Debrief the June 11, 2002,public meeting; and • Discuss the sample ordinance to determine which portions have consensus among the Councilmembers 1 .S S CITY COUNCIL AGENDA DATE: June 18,2002 SECTION:Reports of Director Parks and Recreation Services SERVICE AREA/DIVISION: ITEM DESCRIPTION: Birch Island Woods ITEM NO: Parks and Recreation Task Force Report Through: Robert A. Lambert Z ,C, Director From: Stuart A. Fox,Manager Parks and Natural Resources Requested Action Motion: Move to approve the Birch Island Woods Conservation Area Management Plan dated May 21, 2002. 2nd Motion: Move to direct staff to explore the possibility of creating a volunteer position of Woods Keeper. Synopsis The City Council appointed this Citizens Task Force to work with City staff and Ingraham and Associates to prepare a Management Plan for the development and management of the Birch Island Woods Conservation Area. The Task Force has prepared a report dated May 21, 2002. that includes information pertaining to the development recommendations for the Birch Island Woods Conservation Area. This report was submitted to the Parks, Recreation and Natural Resources Commission for its review at the June 3, 2002 meeting. The motion from the Commission was to accept the Birch Island Woods Conservation Area Management Plan and also a second motion was made to have staff explore the creation of a position of "Woods Keeper" to involve volunteers in specific assigned activities within this conservation area, as well as possibly expanding it to other city park conservation areas. Background The Citizens Task Force began meeting in February 2002 and met monthly through May. In addition to the four meetings at the City Center,the Task Force also had a field meeting at Birch Island Woods in early March. City Council Agenda—June 18,2002 Birch Island Woods Task Force Report Page 2 The Chair for the Task Force was Jeff Strate and the Co-Chair was Terry Picha. Greg Ingraham of Ingraham and Associates was the consultant for this project and took the information from the Task Force and put it into written and graphic form. The Task Force spent time discussing their vision for this particular conservation area. While many expressed interest in keeping Birch Island Woods Conservation Area a neighborhood secret, it was pointed out that since the City had acquired the property it would become part of the citywide park system and it needed to be evaluated in a matter similar to.other conservation areas. The Task Force discussed the pros and cons of several key issues and these are found within the context of the report. The two cornerstone recommendations that were arrived at by the Task Force was that Birch Island Woods should be preserved as close to its current state as possible, and the area should be preserved and managed according to the natural resources that exist on the site. The Task Force came up with a list of minimal development items and these are found within the context of the final report. These include how trails should be developed, the type of parking lot that would be built and entry and interpretive signage. The Task Force felt strongly that natural resource management is a key component and that several invasive species and non-native species should be dealt within the management plan. The Task Force also recommended that the City continue to foster partnerships with other agencies and volunteer groups such as the Friends of Birch Island Woods to implement some of the management recommendations. The Task Force desired to have a.few issues discussed by.the Parks, Recreation and Natural Resources Commission and the City Council. These items as are as follows: Site Usage • Off leash dog use—Currently City ordinance requires dogs to be leashed while in parks or on public land. The site is currently being used by a number of people for walking their dogs without a leash, and the Task Force and Parks Commission were united in the recommendation that the,current leash law be enforced and that signs be posted regarding the leash law regulations. • BMX bike use—Currently a number of kids are building jumps and trails that are not suitable for use by the general public. The Task Force and Parks Commission recommended that these jumps be removed and that this area is not suitable for this type of off road bike usage. Woods Keeper The volunteer position of `Woods Keeper" was introduced by a member of the Task Force during the final Task Force meeting. The idea was presented to create a volunteer position that would foster community involvement in the conservation area. The staff supports involvement of this idea and this idea was expanded upon at the Park Commission meeting. The discussion centered around utilizing volunteers who would be trained and educated about the conservation area in a manner that would make them knowledgeable of management goals for Birch Island Woods Conservation Area. It was mentioned that the U.S. Fish and Wildlife Service has a City Connell Agenda--June 18,2002 Birch Island Woods Task Force Report Page 3 program whereby they utilize volunteers who are trained to look for certain things within the confines of the Minnesota Valley Wildlife Refuge Area. At the Park Commission meeting there were several ideas discussed as to how this type of program could be used within the Birch Island Woods Conservation Area and if successful be expanded to other areas. Two of the Task Force members volunteered to help staff develop criteria for this type of program. Currently, the staff is looking for information on similar type programs. All in attendance at the Park Commission meeting agreed that this type of program has great potential if adequate guidelines and training are given to those who desire to assist in this type of capacity. Attachments: Birch Island Woods Task Force Report—May 21, 2002 SAF:mdd CITY COUNCIL AGENDA DATE:June 18,2002 SECTION:Director of Parks and Recreation Services SERVICE AREA/DIVISION: ITEM DESCRIPTION: Eden Prairie ITEM NO: Parks and Recreation Community Center and Round Lake Park,Parking Through: Robert A. Lambert, Fee Structure for 2002/2003 School Year. IC Director From: Lyndell Frey, Community Center Manager Requested Action Option One Move to: Approve a parking permit fee of$125.00 and a reduced fee of$65.00 after March 1st and an increase to 400 permits for the Community Center and Round Lake Park during the school year. Option Two Move to: Approve a parking permit fee of $200.00 .and a reduced fee of $100.00 after March 1st and an increase to 400 permits for the Community Center and Round Lake Park during the school year. Synopsis Since the 1998/1999 school year the City has always charged the same amount for parking at the Community Center and Round Lake Park as the school has charged for it's lots A & B at the High School. For the 2001/2002 school year both the City and the School charged $85.00 per permit. For the 2002/2003 school year the School is charging $200.00 for lots A & B and $100.00 for lot C. (As of 6/10/02 the School District is sold out of all parking spaces for the 2002/2003 school year). A concern of Cities and Schools staff is if the City charges a lesser fee then the School District, will students in the future choose to purchase permits for parking from the City first, thus potentially having parking spots available at the high school? If that is the case,then City staff recommends charging an equal or higher rate then the School District. Staff would recommend making every effort to have High School students parking at the High School and filling that parking facility before using the Community Center and Round Lake Park. l� Eden Prairie Community Center and Round Lake Park,Parking Fee Structure for 2002/2003 School Year June 18, 2002 Page 2 If approved by City Council, staff would begin selling permits on a first come, first served basis, Tuesday, July 9th at 8:00am. A news release would be sent to both local papers to inform the public of the first day of permit sales. Background • This past school year, City staff initially sold 350 spots and then added 50 students from the waiting list in March. This past school year a total of 399 permits were sold. It was staff's observation that with the exception of Schooner Days and during the Super Series hockey tournament, 60 to 80 spots were still available at Round Lake on a daily basis. Staff recommends that 400 parking permits be sold initially to High School students for the 2002/2003 school year. If more then 400 permits are requested, staff recommends a waiting list be started. After the 400th permit is sold, staff can evaluate the parking space availability. If additional spots are available on a regular basis, City Staff would make an appropriate additional number of spots available by contacting students on the waiting list the first week of October. In early March (once the 40 spots which are covered by a pleasure rink and the 20 spots reserved for the Optimist Club tree lot), staff would again evaluate potential available spots, including any additional spots unused by Southwest Metro and add additional spots at that time. Staff would also like to recommend the revenue from the parking permits be placed into the following accounts: • $20,000 to the Eden Prairie Police Amount based on$15/hr. per week x$32/hr x 38 weeks. • $20,000 to the Eden Prairie Parks Department Amount based on maintenance and upkeep of the Round Lake Park and Community Center parking lots. As an example the cost to overlay Round Lake Park or the Community Center is $65,000 to $70,000 every 10-15 years. The cost to seal coat one of the lots (needed every 3 to 5 years) is $20,000 to $30,000. Striping of the lines for parking stalls (needed every other year is $1,200 per lot). Parking sign replacement is approximately $500/year. • $3,000 to the Eden Prairie Community Center Amount,based on$500 for actual parking permits, the remaining $2,500 would cover cost to administer the program including putting the letter together for students at registration, the actual registration, weekly updates with police, making tires for police in our 90 minute parking area, etc. • The remaining revenue would then be placed into the Cities general fund to cover the future replacement cost of these parking lots.. \\EP 2K\CITYWIDE1Administration\Agenda Preparation\City Council Agenda Packet Items12002\06.1&02\Parks\Parking Permits.doc ,-1 r ',. - ,,,---,-----.,-:::i Z::: - .. tc`i *d 'b lir 71) 1-1 lei --• ,{, _ « - y' ? «i czt U U Cl.-•+N } II 1.11L:11111:.111TETidl:.!if 0 0 0 0 } E0C13 ti OMO coN .4 U 7.g WwC.5 aaaa MI cs PI r . .r---- .......... .,„,_ ,„. 0 ,.., ,.......... .,........... i i i i \ i a . i ° \ - ia \- i i \ i i i i.:j' ..is y}}r.i}:•..;r,..::i.. 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YY 111 11 }:vti FEtEt IIOU)I IcsSL'dp r 0 r* t7 - a z - 0 1Firestation l� CITY COUNCIL AGENDA DATE: SECTION: Report of Community Development and Financial Services June 18,2002 Director SERVICE AREA: ITEM DESCRIPTION: ITEM NO.: Community Development 2001 Comprehensive Annual Financial Report &Financial Services (CAFR) ` Donald Uram,Director I • Requested Action Move to: Accept the 2001 Comprehensive Annual Financial Report(CAFR). Synopsis Minnesota statutes require that by June 30 of each year,the City prepare a financial report for activities of the previous year. This accounting report will be forwarded to the State by that deadline. Preparation of the report is largely the work of the Finance Department. The report is prepared with review by the independent auditing firm of Kern,DeWenter,Viere,Ltd. Steve Wischmann,Partner in the accounting firm will make a presentation of the financial report. In general, the City's financial conditions and control procedures are sound. Attachments 2001 CAFR Management Letter Internal Control Report CITY COUNCIL AGENDA DATE: SECTION:Report of Community Development and Financial Services June 18,2002 Director SERVICE AREA: ITEM DESCRIPTION: Approve Professional TIE NO. Community Development Services Agreement with Endurant Business &Financial Services: Solutions for City Website X 1 I 1 'Q Don Uram • Requested Council Action: Move to: Approve Professional Services Agreement with Endurant Business Solutions for City Website Synopsis: Staff recommends that the City's website be designed and developed by Endurant Business Solutions. Endurant Business Solutions is a management consulting firm advising the Habitat on the use of the digital market place to promote Eden Prairie as the epicenter of Minnesota's high tech growth. The advantages of working with Endurant through the Habitat(a non-profit organization)include: 1. Volunteer consulting services and discounted design/development fees. 2. Primary consultants with combined experience of over 80 years. 3. Access to new technologies and local government experience. Endurant has committed to meet and/or exceed the requirements of the City's RFP at the previous low bid price of$65,000. The website is expected to be substantially complete by August 14. Once this is done,work will begin on the"standard"content management system that will be offered to Eden Prairie businesses. Attachments: Memorandum Statement of Work MEMORANDUM To: Mayor and City Council From: Scott Neal, City Manager Donald R.Uram,Finance Director Date: June 14, 2002 Subject: City Website Background Planning for the update of the City's website began in July 2001 during a series of staff meetings that were held to discuss upcoming IT and communication issues. A goal of these discussions was to determine the best ways to meet the information needs of the City's residents and businesses. Staff consensus was that the City's website was probably the most effective means of providing information but that the existing website did not meet people's expectations. In addition, staff found the website very difficult to keep updated and maintain. Also, dramatic changes in technology have been made since the City's original website was developed in 1996. For these reasons, IT and Communications prepared a plan for the development and implementation of a new website that would integrate new technologies with the City's information needs. Website Plan A two-phase plan was prepared that would allow the City to maintain their web presence while the new website was being developed. The first phase included the development of an interim website. This step was important in that it: 1. Allowed staff to easily update and maintain website content. 2. Simplified the navigation process for users. The interim website was completed and launched in January 2002. During this time, staff was preparing an RFP for the City's new website. The purpose of the RFP was to solicit proposals from qualified vendors to provide the City with professional consulting services to design our City's website. The RFP was distributed to 12 vendors with 8 responding by the February 19 deadline. Costs to provide website design services ranged from $67,500 to $250,000. The proposals were given to the City's website design team for evaluation and three vendors selected for interviews. These interviews were canceled and the bids rejected because of Staff discussions with the Habitat for Technology (HFT) and the Chamber of Commerce about a website partnership. Website Partnership The City Council along with the HFT and the Chamber have all emphasized economic development and improved business relationships as a primary goal of their respective organizations. In recognition of this, these groups have been discussing a joint effort to support economic development within the City. An innovative way to do this is to offer to all Eden Prairie businesses and Chamber members the following: 1. Use of a"standard"content management system(website) and hosting services. 2. Technical and graphical design support to assist "customer's" with initial website development along with on-going support and maintenance. 3. Continuing product development to increase web functionality and usability. 4. Prominent listing on the Eden Prairie"portal"within a Business Directory. The benefits of this effort include: 1. Web presence for businesses not currently using the web. 2. Significant cost savings for eligible businesses for web site development and hosting. 3. Access to Eden Prairie's digital marketplace increasing business potential. 4. Internship opportunities for students to assist with business web development and special projects. Costs/Funding There are a number of costs associated with the development of a "standard" content management system. This includes: • 1. Acquisition of Hardware and Software 2. Application Development 3. Hosting Services 4. On-going development(upgrades) and Maintenance 5. Marketing These costs allocated over two years are currently estimated at approximately $140,000. Suggested funding for this project includes a $100,000 grant from the City and $20,000 each from the Chamber and the HFT. Staff recommends that the City's Economic Fund be used as the primary financing source for this project. This funding would be considered as the City's contribution to the HFT. HFT operations are currently funding by$100,000 grants from both the School District and the Hennepin Technical College. Other sources of revenue will be needed for on-going maintenance and technical support. A minimal fee will be charged to businesses that are using the content management system and from those businesses listed in the business directory. Limited advertising may provide additional funds. The Chamber of Commerce will be the primary source of marketing for the product since it already has an established sales program. City Website Through discussions with the HFT and the Chamber, Staff has concluded that the City's website should be developed as the first step in this economic development initiative. Staff recommends that the City's content management system be designed and developed by Endurant Business Solutions. Endurant Business Solutions is a management consulting firm advising the Habitat on the use of the digital market place to promote Eden Prairie as the epicenter of Minnesota's high tech growth. The advantages of working with Endurant through the Habitat(a non-profit organization)include: 1. Volunteer consulting services and discounted design/development fees. 2. Primary consultants with combined experience of over 80 years. 3. Access to new technologies and local government experience. Endurant has committed to meet and/or exceed the requirements of the City's RFP at the previous low bid price of$65,000. The website is expected to be substantially complete by August 14. Once this is done,work will begin on the`!standard" content management system that will be offered to Eden Prairie businesses. AGREEMENT THIS AGREEMENT is made and executed the 18th day of June,2002,by and between the City of Eden Prairie,hereinafter referred to as the"Owner", and Endurant Business Solutions,hereinafter referred to as the"Consultant", WITNESSETH; Owner and Consultant,for the consideration hereinafter stated, agree as follows: 1. Consultant's Duties: The Consultant shall provide the services specified in the Consultant's Proposal (hereinafter the Proposal) dated June 11,2002 and shall do everything required by this Agreement and the Proposal. Consultant shall fully and satisfactorily comply with the conditions of the Proposal and complete the work contemplated by this Agreement in accordance with the Proposal. 2. Price: Owner agrees to pay the Consultant a fee not to exceed the sum of $65,000.00 as full and complete payment for the labor,materials and services rendered pursuant to this Agreement. 3. Payment: Payments to the Consultant by the Owner shall be made as provided in the Proposal. 4. Contract Documents: The Proposal consist of the Proposal dated June 11, 2002 and the Owner's Request for Proposals, dated February 5,2002. The Proposal is hereby incorporated with this Agreement and is as much a part of this Agreement as if fully set forth herein. This Agreement and the Proposal are the Contract. In the event of any conflict between the documents comprising the Proposal,the Owner's Request for Proposals, shall govern in that order. 5. Completion: The Consultant shall complete all services within ninety(90) days of the NOTICE TO PROCEED in accordance with the terms and conditions set forth in the Proposal. 6. Conflicts: No salaried officer or employee of the Owner and no officer of the Owner shall have a financial interest, direct or indirect, in this contract. The violation of this provision renders the Contract void. Applicable federal and state regulations and statutes shall not be violated. 7. Claims: To receive any payment on this Contract,the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." 8. Data Practices Act: The Contractor shall at all times abide by the Minnesota Government Data Practices Act,Minn. Stat. § 1301,et seq.,to the extent that the Act is applicable to data and documents in the hands of the Contractor. 9. Audits: The books,records, documents, and accounting procedures and practices of the Contractor or other parties relevant to this agreement are subject to examination by the Owner and either Legislative Auditor or the State Auditor for a period of six years after the effective date of this Contract. 10. Income Tax Withholding: No final payment shall be made to the Contractor until the Contractor has provided satisfactory evidence to the Owner that the Contractor and each of its subcontracts has complied with the provisions of Minn. Stat. § 290.92 relating to withholding of income taxes upon wages. A certificate by the Commissioner of Revenue shall satisfy this requirement. 11. Worker's Compensation: Contractor represents and warrants that it has and will maintain during the performance of this agreement worker's compensation insurance coverage required pursuant to Minn. Stat. § 176.181, subd.2 and that the certificate of insurance or the written order of the Commissioner of Commerce permitting self insurance of worker's compensation insurance coverage provided to the Owner prior to execution of this agreement is current and in force and effect. 12. Discrimination: In performance of this contract,the Contractor shall not discriminate on the grounds of or because of race, color, creed,religion,national origin, sex, marital status, status with regards to public assistance, disability, sexual orientation, or age against any employee of the Contractor, any subcontractor of the Contractor, or any applicant for employment. The Contractor shall include a similar provision in all contracts with subcontractors to this contract. The Contractor further agrees to comply with all aspects of the Minnesota Human Rights Act,Minn. Stat. § 363.01, et seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 13. Conflicts: No salaried officer or employee of the Owner and no officer of the Owner shall have a financial interest, direct or indirect, in this contract. The violation of this provision renders the Contract void. Any federal regulations and applicable state statutes shall not be violated. • 14. Claims: To receive any payment on this Contract,the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim,or demand is just and correct and that no part of it has been paid." 15. Contractor's Prompt Payment of Subcontractors: The Contractor shall pay to any subcontractor within ten(10) days of the Contractor's receipt of payment from the Owner for undisputed services provided by the subcontractor. The Contractor shall pay interest of one and a half percent(1 %2%)per month or any part of a month to a subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment 199 for an unpaid balance of$100.00 or more is$10.00.For an unpaid balance of less than$100.00, the Contractor shall pay the actual amount due to the subcontractor. 16. Counterparts: This Agreement maybe executed in multiple counterparts each of which shall be considered an original. 17. Whole Agreement: This Agreement and the Contract Documents constitute the final and complete agreement of the parties and shall supersede and replace any prior oral or written agreements between Owner and Contractor. Any subsequent modification must be in writing signed by both parties. 18. Governing Law: This Agreement shall be governed and construed under the laws of the State of Minnesota and the parties agree that any actions arising out of or related to this agreement shall be venued in the State of Minnesota,Hennepin County District Court. IN WITNESS WHEREOF,the parties to this Agreement have hereunto set their hands as of the date set forth above. CITY OF EDEN PRAIRIE By Nancy Tyra-Lukens,Its Mayor By Scott Neal,Its City Manager CONSULTANT By Its ep\general\Consulting Contact 3 STATEMENT OF WORK This Statement of Work is attached to and governed by the terms and conditions set forth in the Consulting Services Agreement executed by City of Eden Prairie z and Habitat for Technology. 1.Effective Date: June 11,2002 2.Pricing and Payment for Services: $65,000 for development services for The City of Eden Prairie web site development project. 3. Description of Services to be performed by Business Partner. STATEMENT OF WORK The Habitat for Technology will work with the City of Eden Prairie to transform the City website into a proactive communication vehicle with City residents and business owners. The website will be developed in two phases. Phase One will include the core City of Eden Prairie site with Phase Two incorporating the Liquor Store sites,as well as the Employment application. Each version will be split into iterations in order to produce tangible results to City of Eden Prairie as quickly as possible. The following is a high level perspective of the work effort to be performed by Habitat for Technology for each Phase. Phase 1 Requirements and Design Phase + Conduct a Requirements Gathering session to identify detailed web site functional and technical requirements. The requirements gathering process consists of Habitat For Technology contracted analysts working with the City of EP and any relevant constituents to document requirements,draft use cases,create user interface options,etc. It is necessary to interact with a complete set of stakeholders to capture a complete picture of the system requirements. •3 Design three different home page design prototypes with a contemporary professional look and feel for the City to choose from,incorporating layout of features and navigation determined in Requirements meeting. The enclosed quote assumes one round of modifications to the design prototype prior to implementing chosen design. ❖ Dynamic navigation will also be incorporated on the home page and second level of the pages' design with content structure no more than 3 levels deep. ❖ Create mock-up site templates to upload content management based on requirements determined in requirements meeting. 4 Development Phase: •3 Implement chosen design and build a functioning scalable web site to include the following features: Base web site and feature functionality: ❖ A search engine on every page ❖ Develop an Interactive Add-on Calendar and Event application with a filter feature that will allow the users to view the events that they are specifically interested in. ❖ Incorporate a Citizen Feedback application that allows the City staff to make changes as needed ❖ Incorporate an Add-On feature to allow a user to search the City code, download it and print it out in a manageable way. ❖ On-line poll functionality will be implemented as defined during the requirements gathering stage of the project ❖ Provide ability for users to search and view Zoning map and City Comprehensive Plan by Address or PID number in a GIS format. The business and technical requirements for the integration between the City of EP website and the Zoning and Comprehensive Guide Plan maps will be captured during the Requirements and Design Phase. Administrative functionality: ❖ Provide flexibility and ability for City of EP staff to place graphics and update content on each page as required. Training will be provided to City of EP staff as necessary. ❖ Create a structure to allow multiple internal staff to publish web content into a temporary holding area for verification before publishing to the website ❖ With use of password, allow the addition and revision of all website content from any browser at anytime without special technical skills ❖ Ability to add/delete staff names and assign security levels • Under Minnesota State Law,Minnesota cities must build their Website to comply with the Americans with Disabilities Act. Deployment Phase: ❖ Deploy all code and content templates to a staging environment. The staging site will allow content to be loaded into each available template for viewing and verification purposes. City of Eden Prairie can also use the staging site to verify that the requirements have been met. ❖ Deploy all code,content templates,and content(if desired)to the Production infrastructure. Documentation and Training Phase: • Any functions that are the responsibility of City of EP will be fully documented. Training will occur with City of EP staff to verify completeness of documentation 5 ASSUMPTIONS AND REQUIREMENTS Materials: • City of Eden Prairie needs to provide additional content information for each page in a format specified by The Habitat for Technology. * • City of Eden Prairie needs to provide their company logo in a format specified by The Habitat for Technology. * • Content and graphics will be provided by the City of Eden Prairie the formats specified in the attached materials specifications document. *Please refer to attached Material Specifications Document. Development: • The Web site will be developed to be compatible with the following browsers unless otherwise.specified:Netscape 4.0 and higher and IE 4.0 and higher. Graphics Interface: • Targeted screen resolution will be 800x600 unless otherwise specified. • All graphics will be designed and optimized at 72 dpi. • The Habitat for Technology does not guarantee that the site will print out in the exact same format that it is viewed on a monitor. • The Habitat for Technology can provide scanning,image touch ups,and stock photos for an additional cost.(Based on time and materials) • Any loading of City of Eden Prairie content will require additional resources and cost. • • Quote assumes one round of modifications to the design prototype prior to implementing chosen design. • Content and graphics will be provided by the City of Eden Prairie the formats specified in the attached materials specifications document. General • City of Eden Prairie will provide a point person to assist Habitat for Technology consultant(s)in scheduling meetings and handling other logistical matters. • City of Eden Prairie resources will be needed to understand the current state. • City of Eden Prairie business leaders will confirm the business objective results expected. • Work will be performed both at The Habitat for Technology,Endurant Business Solutions, and City of Eden Prairie. • The Habitat for Technology Consultant and the appointed contact at City of Eden Prairie will conduct regularly scheduled project status meetings. DELIVERABLES • Use cases and supplemental specifications(if necessary)that articulate the requirements. • Three graphical design prototypes for overall site look and feel. • Validated cost and timeline estimates for the remainder of the project upon completion of Requirements phase. • Iterative approach producing a portion of the requirements implemented and tested upon completion of Development phase. • Documentation outlining functions that are the responsibility of City of Eden Prairie. • Functioning website with content management capabilities. 6 �' .O3 FINANCIALS Successful completion of this may require the following resources: • Habitat for Technology appointed Business Analyst/Consultant(Endurant) • Habitat for Technology appointed Project Manager(Endurant) • Habitat for Technology appointed Application Developer(Endurant) • • Habitat for Technology appointed Graphic Designer(Endurant) • City of Eden Prairie Project Lead • City of Eden Prairie Technical Resource • City of Eden Prairie Operations Resource • City of Eden Prairie Sales/Marketing Resource The following proposed resources and costs indicate an estimated minimum resource allocation to start and maintain continuity for this effort. A revised cost estimate will be produced at the conclusion of the Requirements Gathering step of each Phase. If circumstances are uncovered that cause the pricing estimate to differ by more than 15%of the revised estimate,the Habitat for Technology project manager will bring this situation to the attention of the client. In the event additional requirements are identified within the project, a signed scope change order will be required prior to proceeding with the expanded project. Habitat for Technology and the client will review the effort and costs for the project jointly during the course of the project. City of Eden Prairie Investment: Phase 1: City of Eden Prairie Web site Design and Development Requirements and Design Phase Core Web Site Development using Habitat for Technology framework $65,000 4. Estimated Completion Date: August 14,2002 Executed by Client: Executed by Habitat for Technology.: Authorized Authorized Signature Signature Name: Name: Title: Title: Date: Date: 7 aoy TC3:74I 23 61.-O I O4 O S 12OO I