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City Council - 03/18/2003
AGENDA EDEN PRAIRIE CITY COUNCIL WORKSHOP/FORUM TUESDAY,MARCH 18,2003 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, and Jan Mosman, and Philip Young CITY STAFF: City Manager Scott Neal, Police Chief Dan Carlson,Fire Chief George Esbensen, Public Works Director Eugene Dietz,Director of Parks and Recreation Bob Lambert,Management and Budget Director Don Uram, City Attorney Ric Rosow, and Recorder Lorene McWaters Heritage Room II I. CALL MEETING TO ORDER II. APPROVAL OF AGENDA III. DISCUSSION TOPICS • Heritage Preservation Vision IV. OTHER TOPICS Council Chamber V. OPEN FORUM (Scheduled participants, 6:30-6:50 p.m.) • Nancy Holden—Community Involvement Initiative VI. OPEN PODIUM (Unscheduled participants, 6:50-7:00 p.m.) VII. ADJOURNMENT 0 ?ite City of Eden Prairie ii 8080 Mitchell Road•Eden Prairie, MN 55344-4485•edenprairie.org•952-949-8300•TDD 952-949-8399 Office of the City Manager Memorandum #2003-019 DATE: March 14, 2003 TO: Mayor and City Councilmembers FROM: Scott H.Neal, City Manager RE: City Council Workshop for March 18, 2003 The subject of the City Council's March 18, 2003 Workshop is heritage preservation. In preparation for the Workshop, staff have prepared the following elements of background information: 1. An inventory of the City's historic properties. 2. A report showing the level of past and anticipated City spending on historic properties. 3. A description of the City's programming efforts at its historic properties. 4. A comparison of Eden Prairie's spending on heritage preservation with other metro area communities. In addition to the background information, I anticipate Council discussion on the following broad policy questions: 1. What is the City Council's vision for heritage preservation? 2. What is an appropriate level of financial investment in historic preservation for the City? 3. What can the City Council or City staff do to foster future examples of public/private partnership, such as the recent partnership with Dunn Brothers? 4. What does the City Council think of developing the Riley-Jacques area as a "historic park"? 5. What should charge or direction should the City Council give to its Heritage Preservation Commission? 6. What role should the Historical Society play in Eden Prairie's heritage preservation efforts? What can the City do to insure the Historic Society's success? There may be additional questions to discuss or background information the Council may need for this discussion. If you have any requests for additional information,please let me know. F I FZ:pr MEMORANDUM To: Mayor and City Council 0 Through: Bob Lambert, Director of Parks and Recreation From: Tria Mann, Recreation Coordinator Date: March 18, 2003 Eden Prairie Subject: Report on Historical Programming Synopsis of the J.R. Cummins Homestead Historical Programs Staff have programmed the J.R. Cummins Homestead with historical and art programs for two years and approximately 669 individuals have registered or attended a program/event. A total of$12,999 has been directly spent on programs for which$10,832 was brought in by registrations or donations. This provided for a loss of$2,167 for a 17%subsidy level and at a cost of$3.24 per person. This does not include the numbers from Sunbonnet Day or Mommy and Me for Tea because each of them has their own budget separate from'the historical programs budget. Recreation staff planned monthly programs each year and of those 12& 13 programs two&five programs were canceled each year due to no or low registrations. Staff determined that July is a very difficult month to program and a few other programs such as Antiques in the Garden and Cummins Christmas need to have some enhancements added to it for a more complete program. Programs such as the historical tours,cemetery walk, and dinner theaters are the most popular. Each of these programs will continue however,the dinner theater events will be limited or the cost increased due to the schedules of the volunteer actors. The actors put in over 180 hours in a month to rehearse and perform 6 shows. The fourth time we offered the event the actors asked for some compensation in order to pay for some of their incidentals such as for makeup and costumes. $45 dollars was paid to each actor as a stipend for his or her work for the six productions. This fee was set so that the budget would basically break even(10% subsidizes after adding the 20%administration fee). Programs Offered at the J.R. Cummins Homestead Month Year 2001 Year 2002 January Preserving Your Precious Photos-canceled Create a Heritage Photo Album- 8 reg. February J.R. Cummins House Valentines Dinner 27 reg. Same—canceled March Climb Your Family Tree—6 reg. Same—canceled April Climb Your Family Tree/Internet—9 reg. Same—canceled April -0- Reviewed to Death—81 reg. May Mommy&Me for Tea—40 reg. Same—25 reg. June antiques in the Garden—50 attended Same—canceled July Grand Evening at the Cummins—canceled An Evening at the Cummins—canceled August Modem Road to Old Times—34 reg. Same—27 reg. September Sunbonnet Day—400+ Same—600+ October Cemetery Walk—48 reg. Same—41 reg. November Reviewed to Death—85 reg. Same— 123 reg. December Cummins House Christmas—50 attended Same—80 attended Report on Historical Programming March 18,2003 Page 2 For 2003 the following programs have been planned. January 11 Memories with Mom—preserving photos—canceled February 8 Cummins House Valentines Dinner—canceled March 8 Climb Your Family Tree with the Internet—canceled April Dinner Theater—not planned this year due to actors and directors schedule May 2 Mommy and Me for Tea June 14 Arts&Antiques in the Garden—revised with the additional of an Arts&Antiques Fair July nothing planned for this year August Modern Roads to Old Times September 14 Sunbonnet Day October 11 Cemetery Walk November? Dinner Theater—Planning to do a new play December 14 Cummins House Christmas Staff is researching other historical and art programs that could be offered at the homestead while working with the logistics of the house(number of people able to serve for different programs). Some of those ideas are: • Writing Family History and Personal Stories—creating your personalized memoir project • Create a Birthday Time Capsule—making a time capsule that captures your memories • Create a Family Map—tracing your family's moves from one location to another—you'll realize just how much moving about American Families do. • Cummins Book Club —reading and discussing books about Eden Prairie's history, the Twin Cities history or Minnesota's history with the author if possible • Historical Teas—bring back the tradition of teas where individuals get together to socialize and enjoy a good cup of tea. • Cookies & Milk Story Hour — stories told by professional storytellers about America's, Minnesota, and Eden Prairie history • Restoration Classes—learn how to restore your home to it's original time period • Quilting Classes—an intergenerational program that preserves a traditions of working together to create a masterpiece quilt • Homemade Christmas Ornaments-a class that lets you create personalized ornaments like they did in years past. • Traditional Heritage Holiday Decorating and Baking-classes that not only teach how to decorate your home in a traditional style for the holidays but also about the ways different heritages practice their traditions in regards to decorations and baking for the holidays.. • The 1920's Peony Know how's - in keeping with one of the historical significant of the homestead, Mrs. Phipps Peony's, this class will teach you about the peony, transplanting one, tending to a peony garden, and the historical value of the flower. Possible Programs for the Riley Jacques Farmstead Staff has initially identified programs for the Riley Jacques Farmstead in anticipation of the barn restoration being completed in 2004-2005. Some of the programs that have been identified are: Report on Historical Programming March 18,2003 Page 3 • Community Barn Dances • Community Band Concerts • Concerts in general • Dinner Theaters (straight plays,murder mysteries, 40's Radio shows,readers theater,improve shows) • Teen Center Nights • Summer Youth Camps • Youth and Family Interpretive Camps • A Juried Fine Art Show • Apple Cider Days — celebrating the past & current local apple orchids this event would demonstrate through games, activities, hands-on experience, and demonstrations of all the ways apples have been and are used. • Weekly fall hayrides—celebrate the beauty of the seasonal color changes, individuals planning outings for youth and adults can schedule a ride and enjoy communing in the great out of doors. Hay wagon can accommodate up to 50 people per ride. Fee includes a campfire. 1—50 people$50 51-100 people$65 101-150 people$80 • Haunted Band and Hayride— this event could benefit the scholarship fund or teen center and could be ran by Sou f re (youth group supervised by the City&School) -this would run for a period of time—not just once or twice. Admission Fee: 12 and under$513 &up $6 Enter the eerie home of ghouls and goblins! Spooky spirits will surround you in the darkness. Sure to be a bone chilling, hair raising experience! Visitors are welcome to take a hayride around the park Savor the crisp fall air while warming yourself by the bonfire. Kids can try to make their way through the hay maze. • Lights on Tour—kids can experience the Haunted Band with the lights on! • Costume Contest—Youth and families can come in costume to participate. Prizes will be given in different age divisions and categories! • Pumpkin Carving Contest—come take a walk through the pumpkin patch and select your very own pumpkin(prices$5—$20),go inside and utilize carving tools or paints as well as learn tricks of the trade from pumpkin carvers then enter your pumpkin in the contest that may win you a prize • The three above programs could be held in conjunction with each other providing for a very nice family event. • Warming house for cross-country skiing, snow-shoeing,and ice skating. • Traveling Agriculture programs • Animal hour—learn about different farm animals from around the world and visit with some of the animals in the petting zoo. Staff has identified that the barn be programmed as a large open seasonal space with limited parking.The staff does believes that along with the above programs the barn could be utilized for rentals of receptions,meetings, weddings,birthday parties,church,etc. and that the lower part of the barn be used for bathrooms,warming house and storage for the recreation services programs. Background On July 18t',2000,the City Council directed staff to develop a program plan for the J.R.Cummins Homestead and the Riley Jacques Farmstead. Staff was to indicate the type of programs for those sites and the type of improvements necessary at each site in order to provide such programs. The programs offered at the Cummins Report on Historical Programming March 18, 2003 Page 4 house were to be related to historical education or the arts where as the Riley farm is to be designated for day camp activities, barn dances, community theater productions, etc. The goal was to provide programs accommodating 15—20 people at the J.R. Cummins Homestead at least once a month for the first year of programming, and eventually to double that use within five years. The recreation staff developed and implemented the J.R. Cummins Homestead plan in 2001 and currently offers between 11 & 13 programs a year. As for the Riley Jacques Farmstead, staff has completed brainstorm sessions to identify types of programs and areas for improvements to aid in implementing programs. c: Laurie Obiazor,Manager of Recreation Services John Gertz,Historical Coordinator MEMORANDUM 0 To: Mayor and City Council From: John Gertz,Historic Preservation Specialist Date: March 18,2003 Eden Prairie Subject: Historic Sites Summary of Costs,Reuse Plans, and Roles and Responsibilities for the HPC/EPHS Synopsis The following report is a compilation of historic properties costs from 1976 through April 2003. Costs are arranged by site and include estimated annual maintenance and facility cleaning costs where applicable. Also included is a brief outline of the current planned uses for the sites, which are based on the Adaptive Reuse Proposal presented to the City Council in 2000. The Heritage Preservation Commission will be completing more detailed reuse plans for the J.R. Cummins Homestead and Riley-Jacques Farm in April 2003. Attached are the Roles and Responsibilities for the Heritage Preservation Commission and Eden Prairie Historical Society. These may be of interest to the Council. J.R. Cummins Homestead 1976 Purchase Price $ 60,000 1976-2003 Improvements $ 141,400 1976-2003 Maintenance/Utilities $ 16,400 2001-2003 Facilities/Cleaning $ 4,000 Approximate Total Costs to Date $ 221,800 CIP/Estimated Cost to Restore Site to Full Operational Use by 2007 $1,396,028 TOTAL Costs for Restoration Including Prior Costs $1,617,828 Estimated Annual Operating Costs (existing to fully programmed) $ 24,000- $ 49,000 Memorandum Historic Sites Summary of Costs and Reuse Plans March 18,2003 Page 2 of 4 Smith-Douglas-More House 1981 Purchase Price $ 140,000 1981-2001 Improvements $ 21,300 1981-2001 Maintenance $ 1,700 2002-2003 Commercial Use Rehabilitation $ 767,143 TOTAL Costs for Rehabilitation Including Prior Costs $ 930,143 Riley-Jacques Farm 1990 Purchase Price $ 250,000 1990-2003 Improvements $ 72,600 Approximate Total to Date $ 322,600 CIP/Estimated Cost to Rehabilitate Site to Full Operational Use by 2007 $ 279,796 TOTAL Costs for Rehabilitation Including Prior Costs $ 602,396 Estimated Annual Operating Costs (existing to fully programmed) $25,000- $ 54,000 Program Planning Current program plans are based on the guidelines found in the Adaptive Reuse Proposal, which was accepted by the City Council on July 18, 2000. Since that time, the Heritage Preservation Commission has met with the Parks, Recreation and Natural Resources Commission to continue planning. The Eden Prairie Historical Society has also provided input. Below is a brief update on the current status of the Smith-Douglas-More House (Dunn , Bros. Coffee Store), J.R. Cummins House, and Riley-Jacques Farm. Smith-Douglas-More House Concept: Reuse the Smith-Douglas-More House as a community heritage site. Memorandum Historic Sites Summary of Costs and Reuse Plans March 18,2003 Page 3 of 4 Goal: Rehabilitate the Smith-Douglas-More House for an adaptive reuse for a commercial purpose. Objective: Create a unique facility that will utilize the site's inherent historic qualities, yet remain accessible to the community. Use: Commercial. Status: The house has been successfully rehabilitated for use as Dunn Bros. Coffee shop. Some exterior painting and site work remains to be completed. J.R. Cummins House Concept: Reuse the J.R. Cummins House as a community heritage site. Goal: Restore the house and grounds for cultural, recreational, and educational use. Objective: Create a unique community heritage facility that will utilize the site's inherent historic and aesthetic qualities to accommodate varied public and private users. Use: Multi-use. Cultural events,recreation programs, educational classes and facility rental. Status: Currently, the house can accommodate limited programming, but is not fully compliant with ADA requirements for accessibility. To meet ADA requirements, accessible bathrooms need to be added to the building since no practical means to alter the existing bathroom are available. Present projects will focus on needed exterior repairs to porches, roofing, painting, and trim repair. The house should have HVAC upgrades, and for property protection, the house should be sprinkled. Riley-Jacques Farm Concept: Resue the Riley-Jacques Farm as a community heritage park. Goal: Rehabilitate the farm for recreational, educational, and cultural use. Objective: Create a multi-use community site that combines the historic buildings and setting with unique programs. Use: Multi-use. Recreational programs, historical interpretations, cultural events and programs. Memorandum Historic Sites Summary of Costs and Reuse Plans March 18,2003 Page 4 of 4 Status: Currently, the Riley-Jacques House is occupied by a renter. Repairs to the exterior of the house will be completed this year. The garage is used by the renters and was repaired, painted, and reroofed in 2000. Several windows at the back of the garage need glass replaced. The granary was restored in 1997, but will need painting in approximately 2-3 years. The barn will be rehabilitated starting in 2003 for reuse as a multi-use facility. The interior will be modified to accommodate small theatre productions, recreational programs, and cultural use; e.g., exhibits, demonstrations, etc. The barn will be completed in phases, opening for full use in 2004. To accommodate increased programming and events, additional parking will be added on site. The site and buildings will be modified as needed for accessibility. The Dorenkemper House, now located on site, is currently undergoing full restoration. Restoration is being funded by Dan Herbst, President of Pemtom Land Company. Restoration should be completed in 2003, at which time Mr. Herbst intends to convey ownership of the house to the City. The house represents an outstanding example of a rare log constructed home from Eden Prairie's post settlement period. Current plans include restoration based on an 1870-1900 period of significance. ROLES &RESPONSIBILITIES OF THE EDEN PRAIRIE HERITAGE PRESERVATION COMMISSION The purpose of this document is to state the roles and responsibilities of the Eden Prairie Heritage Preservation Commission in regards to the following seven areas: • Historic preservation planning. • Identification of historic resources. • Evaluation of historic properties. • Registration of heritage preservation sites. • Design review. • Education and outreach. • Historic sites. Planning The Heritage Preservation Commission is responsible for ongoing planning activities related to the identification, evaluation, and protection of historic properties in Eden Prairie. The Commission will develop historic contexts,undertake cultural resource inventories, and assess properties for local or National Register designation. Identification The Heritage Preservation Commission is responsible to identify, document and analyze historic resources in Eden Prairie. The commission conducts ongoing historic resources survey to identify and gather data on buildings, sites, structures, objects and districts. Identification results are compiled in the historic resources inventory files of the Heritage Preservation Commission. Evaluation The Heritage Preservation Commission is responsible for evaluating historical significance and integrity. The commission will determine significance as may be found in a property's association with historical events or persons, its distinctive architecture or other physical characteristics, or in its potential to provide important information. The commission will evaluate properties on the basis of developed historic contexts, integrity and local and National Register criteria. Registration The Heritage Preservation Commission is responsible for notification and recommendation to the City Council regarding designation of a property as a Heritage Preservation Site. The commission will review all documentation on a nominated property, notify property owners and neighbors of a proposed registration and hold public hearings. Upon receiving the commission's recommendation, the City Council makes the final decision to designate a Heritage Preservation Site. Roles and Responsibilities of the Eden Prairie Heritage Preservation Commission Page 2 of 4 Design Review The Heritage Preservation Commission is responsible through a review process to consider the effects of projects requiring city permits on designated Heritage Preservation Sites. The commission will comment on all City permit applications in relation to significant historic properties. The basis of decisions regarding site alteration permits will be made in reference to the Secretary of the Interior's Standards for the Treatment of Historic Properties. Education and Outreach The Heritage Preservation Commission will provide ongoing educational programs and events for the benefit of the community. The commission will sponsor events which feature local heritage resources,participate in event planning as co-sponsor with others when needed, and provide interpretation at historic sites for public use and benefit. The commission's context studies, site inventory files, and other records and reports are maintained as open files and remain available to the public for educational purpose. Historic Sites The Heritage Preservation Commission is responsible for preparing preservations plans for all designated Heritage Preservation Sites. For City owned historic properties, the commission will provide a site specific treatment approach, i.e.,preservation,rehabilitation,restoration, or reconstruction. The plan will include maintenance guidelines where appropriate. The commission will also prepare for City owned historic sites a program or site use plan for the purpose of guiding all site work and site uses to be consistent with approved preservation plans. Roles and Responsibilities of the Eden Prairie Heritage Preservation Commission Page 3 of 4 ROLES &RESPONSIBILITIES OF THE • EDEN PRAIRIE HISTORICAL SOCIETY The purpose of this document is to state the roles and responsibilities of the Eden Prairie Historical Society in regards to: • The acquisition,preservation, display, and recording of historical artifacts. • The recording, cataloguing and preservation of historical records and information. • Historic sites. • Community historical events. • Historical educational programs and materials. • Operation of the eden prairie historical museum. Artifacts The Eden Prairie Historical Society accepts the responsibility of official depository for the gathering and collection of artifacts relating to the history and development of the City of Eden Prairie. The Society will acquire, classify, catalogue and display these items for the benefit of all Eden Prairie citizens. The Society will act as a consultant when a possible artifact is discovered by agents of the City. The Society will work with the City to supply artifacts and records for mutually decided upon community events and displays, educational programs, and city-owned historical sites. The Society will purchase artifacts for the Museum as decided by the Board of Directors and solicit funds through grants,membership dues and donations. Historical Records and Information The Eden Prairie Historical Society accepts the responsibility of collecting,recording, cataloguing historical information for the purpose of genealogical studies and to preserve and interpret the heritage and history of Eden Prairie. In so doing, the Society will record, in some permanent form,the leading incidents in the history of Eden Prairie from its earliest beginnings to the present. Historic Sites The Eden Prairie Historical Society accepts as one of its roles,the furnishing of artifacts and/or displays for the three city-owned historical properties in Eden Prairie: The J.R. Cummins Homestead, the Riley-Jacques Farm, and the Smith-Douglas-More House. The number and types of artifacts furnished will be mutually decided upon by the city and the Society. The Society will have the role of consultant regarding decisions made affecting the preservation and furnishing of these historic sites. Roles and Responsibilities of the Eden Prairie Heritage Preservation Commission Page 4 of 4 Community Historical Events The Eden Prairie Historical Society accepts the role of co-sponsor of any community historical event so agreed upon by the Board of Directors of the Society. These events include,but are not limited to: Sunbonnet Days,Holiday programs, etc. The delegation of specific duties will be decided upon by the City and the Society at the time of event planning. Historical Educational Programs and Materials The Eden Prairie Historical Society will make available records, artifacts and any other historical material in its collection for use in City or Society sponsored educational programs and/displays. The Society reserves the right to withhold use of such materials. The Society will develop educational programs and materials to help bring Eden Prairie history to the citizens as decided upon by the Board of Directors. Operation of the Eden Prairie History Museum The Eden Prairie Historical Society accepts the responsibility of operating the Eden Prairie History Museum for the benefit of the community. The Society will recruit volunteers to staff the museum and keep the city apprised of the museum's open hours. City of Eden Prairie—Historic Property Preservation Survey Response from the City of Brooklyn Park [Responses from Scott Clark,Assistant City Manager] 1. Of the historical properties in your City, how many are owned by the City, and what is on the site? o City owns two properties, one site is a historical farm purchased 25 years ago, and the second is an old house purchased three years ago for$60,000. The house was purchased less out of a need for historical preservation and more to do with a major code enforcement issue. 2. How much investment of city funds has your city made in the restoration and maintenance of your city-owned historic sites over the last five years? What will your costs be for the next five years? o The purchase price for the farm is unknown, since it was purchased 25 years ago. The farm costs $50,000 to operate annually, and costs $65,000 for maintenance annually. o Estimated cost to rehab the house by the Brooklyn Park EDA(BPEDA) is $250,000, and the City has not proceeded to date as they question their ability to recoup that investment, if made. o In 2001, the BPEDA commissioned a study to inventory all historic properties within the City, and at the conclusion of the study, the BPEDA's recommended and adopted policy was to do nothing regarding the City's involvement in preservation. 3. Have you ever considered a public/private partnership for sharing renovation and operation costs? If so,what type of partnership? Did you proceed? If yes, has it been successful? If not,why not? o It has not been considered to date. 4. Who is responsible for programming these sites? o Don't know. 5. Does your city have an established Historical Society? If so,what is their relationship to the city? Does your City provide public funding or in-kind support to your Historical society? What is the Historical Society's role in terms of historic preservation? o The historical society is called the Brooklyn Historical Society, and serves both Brooklyn Park and Brooklyn Center. It has no affiliation with.either City and operates independently. Response from the City of Cottage Grove [Responses from Robert Vogel, former employee and now consultant] 1. Of the historical properties in your City,how many are owned by the City, and what is on the site? o City owns two properties; one is the Thompson-Grove site,which continues to serve as Cottage Grove's municipal pool site since the '60's. The other is the old Cottage Grove Town Hall, which is managed as a historic property by the City. 2. How much investment of city funds has your city made in the restoration and maintenance of your city-owned historic sites over the last five years? What will your costs be for the next five years? o The old Town Hall has always been owned by the City. The City invests about$1,000 (max)per year in maintenance. Other maintenance(shoveling, mowing) is done `in-kind' by the City. There has been minimal restoration at the site, and there aren't a lot of demands on the property. It's been used very infrequently as a meeting site, mostly in warm weather months, and there is no programming that happens at the site. The long term plan is to keep it at that usage level. o The Cottage Grove Historical Society does hold a few of their meetings during the nice months of the year at the old Town Hall. In total, it is used only 5 —8 times per year. 3. Have you ever considered a public/private partnership for sharing renovation and operation costs? If so, what type of partnership? Did you proceed? If yes, has it been successful? If not,why not? o It has not been considered to date. 4. Who is responsible for programming these sites? o No real programming done at the site. 5. Does your city have an established Historical Society? If so,what is their relationship to the city? Does your City provide public funding or in-kind support to your Historical society? What is the Historical Society's role in terms of historic preservation? o The City of Cottage Grove and Cottage Grove Historical Society have an active partnership. No public funding or in-kind support is given to the HS. The HS operate independently from the City. Response from the City of Edina [Responses from John Keprios, Director of Parks &Recreation] 1. Of the historical properties in your City, how many are owned by the City, and what is on the site? o City owns two properties, one is called Cahill School, and the other is called Grange Hall. Cahill school is an one-room old school house, Grange Hall is like an old City Hall,but has a small stage in it. Both sit next to each other on Edina's Tupa Park site. 2. How much investment of city funds has your city made in the restoration and maintenance of your city-owned historic sites over the last five years? What will your costs be for the next five years? o Most years, Edina spends $15,000 - $20,000 per year for maintenance (heat, light, maintenance) on the buildings. In 2003, through their CIP, Edina is spending $128,000 on some major repairs (roof, windows, siding, etc.). Other maintenance(shoveling, mowing) is done `in-kind' by the City. There has been minimal restoration at the site, and there aren't a lot of demands on the property. It's been used very infrequently as a meeting site, mostly in warm weather months, and there is no programming that happens at the site. The long term plan is to keep it at that usage level. 3. Have you ever considered a public/private partnership for sharing renovation and operation costs? If so,what type of partnership? Did you proceed? If yes, has it been successful? If not,why not? o It has not been considered to date. 4. Who is responsible for programming these sites? o City of Edina empowers the Edina Historical Society(EHS) to aggressively program Cahill School. Classrooms from around the state pay EHS and bus in kids to spend one day at the school as if they were in school back around the turn of the century. It is also used for some community meetings, but is • no longer rented out the public. It is only open to the public on special occasions (ex: 4th of July). Grange Hall will now be used this year for the first time for some community theatre. It will seat about 80 people. 5. Does your city have an established Historical Society? If so, what is their relationship to the city? Does your City provide public funding or in-kind support to your Historical society? What is the Historical Society's role in terms of historic preservation? o The City of Edina has a very active and motivated Historical Society, and they make lots of money with the Cahill School rentals. The City of Edina has been unsuccessful in getting the EHS to pay for some of the site improvements, despite their healthy earnings from the programming done at Cahill. Response from the City of Maplewood [Responses from Bruce Anderson,Director of Parks&Recreation] 1. Of the historical properties in your City,how many are owned by the City, and what is on the site? o City owns one property called Bruentrup Farm,which has seven buildings on it: a home, a barn, 2 sheds, a smokehouse, a corn crib, and an old metal storage garage. 2. How much investment of city funds has your city made in the restoration and maintenance of your city-owned historic sites over the last five years? What will your costs be for the next five years? o The City of Maplewood spent$200,000,received a grant for$100,000, and the Maplewood Historical Society(MHS) contributed$90,000 to relocate and resettle farm and buildings on the site in 1999-2000. The farm is leased to the MHS for a cost of$1/year. Currently,no money is budgeted by the City to refurbish the buildings or to maintain site. o The house on the Bruentrup Farm has a caretaker, and the caretaker arranges,through the MHS, for day-to-day maintenance and upkeep. 3. Have you ever considered a public/private partnership for sharing renovation and operation costs? If so,what type of partnership? Did you proceed? If yes, has it been successful? If not,why not? o The MHS has discussed the idea of a`Bruentrup Farm Foundation",but nothing has happened yet to make that a reality. 4. Who is responsible for programming these sites? o Farm site relocation and resettlement completed in Fall 2001, and an Open House was held in October 2001. Site didn't open at all in 2002 due to a major road construction project on County Road D. Site will be open for the first time in Fall 2003 to public with an apple-pressing, hoe-down, quilting- type event. Any future programming at site,which will be minimal,will be done jointly between City and MHS. All buildings on site do not currently meet code, so they cannot be used for public assembly meetings. City does not have plans to put any additional money into site/buildings 5. Does your city have an established Historical Society? If so,what is their relationship to the city? Does your City provide public funding or in-kind support to your Historical society? What is the Historical Society's role in terms of historic preservation? o Maplewood has a Historical Society. The MHS,through the$1/year lease with the City,has to maintain the site. The City of Maplewood is reluctant to spend any more City funds on refurbishing or restoring any buildings on the site, feels the MHS should find a way to pay for the restorations. Response from the City of Minnetonka [Responses from Kathy Magrew,Projects Coordinator in Administration dept.] 1. Of the historical properties in your City, how many are owned by the City, and what is on the site? o City owns one property called the Burwell House. The site has the house, a cottage, a mill office/workshop, an ice house, a wood shed, and the foundation for a barn that burned down in the 1920's. 2. How much investment of city funds has your city made in the restoration and maintenance of your city-owned historic sites over the last five years? What will your costs be for the next five years? o The City of Minnetonka received a$1,200,000 grant to restore the Burwell House, and the City spent$75,000 of its funds on the restoration. Insurance paid for all but$25,000 after a fire occurred and damaged the Burwell house during its restoration project in 1999. o The maintenance is about$5,000 per year from City funds. They expect to budget$60,000 - $75,000 sometime in the next 5 to 8 years for repainting and some other maintenance expenses. 3. Have you ever considered a public/private partnership for sharing renovation and operation costs? If so,what type of partnership? Did you proceed? If yes, has it been successful? If not,why not? o It has not been considered to date, and no need to going forward. 4. Who is responsible for programming these sites? o The City is responsible for programming,but work with Minnetonka Historical Society(MHS)with volunteers. Free public tours are available June- September on Tuesdays and Saturdays from 11am to 3pm. Tour guides are volunteers (usually MHS members)trained by City. Other events programmed at Burwell are Holiday Open House(one weekend in December) and Heritage Day(last weekend in September)that attract 200- 300 people and these events are educational in nature. Ice Cream Social is part of City's Summer Fest(last week in June) and attracts 5000 visitors, and this event is social in nature. MHS sells food and ice cream at the Ice Cream Social to raise revenues. The City uses a donation jar at all events to raise revenues, as well. The site can be rented,but restrictions are so tight as to what is allowed,that is has only been rented once in the past 3 years. 5. Does your city have an established Historical Society? If so,what is their relationship to the city? Does your City provide public funding or in-bind support to your Historical society? What is the Historical Society's role in terms of historic preservation? o Minnetonka has a Historical Society. The City,through it's Community Heritage Commission,meets quarterly with the MHS, and has a joint cooperative agreement to discuss maintenance issues. Example: A new stove was purchased for the house in 2002 at a cost of$4,500. Response from the City of Newport [Responses from Robert Vogel,hired City consultant] 1. Of the historical properties in your City, how many are owned by the City, and what is on the site? o City owns one property called the Train Tower, which is an old railroad switching tower. The structure was rescued from the railroad right-of-way once it was scheduled for demolition in the early 80's. 2. How much investment of city funds has your city made in the restoration and maintenance of your city-owned historic sites over the last five years? What will your costs be for the next five years? o The City of Newport has invested$20,000 total in the Train Tower over the years since the structure was purchased in 1984. Since 1984, A Model Railroad Club (MRC)that is based in the Newport area has put about $60,000 total into the structure, and uses the site for displaying model trains. o The City of Newport doesn't have any money budgeted going forward,but based on their research,believes that they may have to include budgeting money in their CIP for improvements sometime beyond 2007. The date is based on the year(2007) that MnDOT is planning major road improvements to the road in front of the Train Tower. 3. Have you ever considered a public/private partnership for sharing renovation and operation costs? If so,what type of partnership? Did you proceed? If yes, has it been successful? If not, why not? o It has not been considered for this structure, but Mr. Vogel thinks that this could be a possibility for another historic site, like a house, in Newport in the future,but no site has been identified to date. 4. Who is responsible for programming these sites? o Programming is limited at the site due to the inaccessibility of the site. Most of the MRC display is on the second floor, which is very inaccessible. The site is programmed for tours only a few times per year, typically in the nice weather months. The City, through its Heritage Commission, and the MRC jointly coordinate any public events. 5. Does your city have an established Historical Society? If so,what is their relationship to the city? Does your City provide public funding or in-kind support to your Historical society? What is the Historical Society's role in terms of historic preservation? o Newport has a Historical Society,but the City and the NHS do not connect much at all. Response from the City of Plymouth [Responses from Laurie Ahrens,Assistant City Manager] 1. Of the historical properties in your City, how many are owned by the City, and what is on the site? o City owns two properties, one is the Old Town Hall, and the other is the Parkers Lake Cemetery. The Old Town Hall houses the Plymouth Historical Society(PHS) collection. There are no structures on the cemetery site. 2. How much investment of city funds has your city made in the restoration and maintenance of your city-owned historic sites over the last five years? What will your costs be for the next five years? o In the past five years, the City of Plymouth has invested$12,000 total in restoring the Old Town Hall site. It estimates that is will spend about $10,000 over the next five years in other restoration costs. Yearly maintenance costs (building operations, minor renovations, and maintenance) cost about$4,000 per year,paid by the City, coordinated through its facilities manager. 3. Have you ever considered a public/private partnership for sharing renovation and operation costs? If so,what type of partnership? Did you proceed? If yes, has it been successful? If not,why not? o No, it has not been considered. The Old Town Hall sit in a City park. 4. Who is responsible for programming these sites? o The City does co-sponsor several events each year with the PHS, such as an Old Fashioned Christmas and a History Fest. The PHS prepares displays and offers tours of the building for these events. The PHS has regular hours each Sunday when the building is open for visitors, staffs the Sundays with PHS volunteers, and is responsible for the programming when open. 5. Does your city have an established Historical Society? If so,what is their relationship to the city? Does your City provide public funding or in-kind support to your Historical society? What is the Historical Society's role in terms of historic preservation? o Plymouth has a Historical Society, which is a separate, non-profit organization. The PHS and the City of Plymouth work cooperatively for a few events each year. Response from the City of Woodbury [Responses from Bob Klatt,Parks &Recreation Director] 1. Of the historical properties in your City, how many are owned by the City, and what is on the site? o City owns one site, called the Marsh Creek farmstead house,which is a small, 20' x 20' two-story structure. The second story is more of a loft, and not a full second floor. 2. How much investment of city funds has your city made in the restoration and maintenance of your city-owned historic sites over the last five years? What will your costs be for the next five years? o The Marsh Creek farmstead was purchased in 1995. Woodbury has spent a total of$15,000 -$20,000 total on the farmstead, mostly spent on building a new foundation and on moving the house from one spot to another spot within the 5-acre park site in which it is located. The Woodbury Heritage Society(WHS) is responsible for maintaining the house, both interior and exterior, The City has no plans to contribute any additional money towards the house. 3. Have you ever considered a public/private partnership for sharing renovation and operation costs? If so, what type of partnership? Did you proceed? If yes, has it been successful? If not,why not? o No, it has not been considered. 4. Who is responsible for programming these sites? o The WHS is solely responsible for any programming at the house. They hold open houses periodically, with free admission. 5. Does your city have an established Historical Society? If so, what is their relationship to the city? Does your City provide public funding or in-kind support to your Historical society? What is the Historical Society's role in terms of historic preservation? o Woodbury has a Heritage Society, which is a separate, non-profit organization. Response from the City of Eden Prairie [Responses from John Gertz,Historic Preservationist] 1. Of the historical properties in your City,how many are owned by the City, and what is on the site? o City owns 6 historic property sites. Four of the six properties have one or more buildings on them. 2. How much investment of city funds has your city made in the restoration and maintenance of your city-owned historic sites over the last five years? What will your costs be for the next five years? o Most of the work over the past five years is maintenance related: $8,187 for re-roofing the Riley-Jacques garage in 2000; $8,007 (of which$6,000 was donated by Elaine Jacques) for the restorations of the Riley-Jacques grainery. The exceptions is the Dunn Bros. project at the Smith-Douglas- More house,with a project cost of$767,143. The City of Eden Prairie's CIP has costs of$1,675,824 through 2007 for the J.R. Cummins House and the Riley-Jacques Farm. Ongoing maintenance is done through the Park Maintenance and the Facilities divisions. 3. Have you ever considered a public/private partnership for sharing renovation and operation costs? If so,what type of partnership? Did you proceed? If yes, has it been successful? If not,why not? o The Smith-Douglas-More house,recently opened in December 2002. It has exceeded our expectations. 4. Who is responsible for programming these sites? o The historic sites are programmed through the City's Park&Recreation department, with assistance from the City's Heritage Preservations Commission (HPC) and the Eden Prairie Historical Society(EPHS). 5. Does your city have an established Historical Society? If so, what is their relationship to the city? Does your City provide public funding or in-kind support to your Historical society? What is the Historical Society's role in terms of historic preservation? o The EPHS is a separate, non-profit organization. The City provides space `in-kind' for use as a museum with limited hours of operation. The City has an agreement with the EPHS that defines roles and responsibilities. The City focuses on preservation matters, while the EPHS focuses on records and artifacts. Areas of mutual interest include educations and co-sponsoring events and programs for the community. AGENDA EDEN PRAIRIE CITY COUNCIL TUESDAY,MARCH 18, 2003 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher, Ron Case, Jan Mosman, and Philip Young CITY STAFF: City Manager Scott Neal, Parks &Recreation Director Bob Lambert, Public Works Director Eugene Dietz, Management and Budget 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. COUNCIL WORKSHOP HELD MARCH 4, 2003 (p. 1) B. CITY COUNCIL MEETING HELD TUESDAY, MARCH 4, 2003 (p. 4) VI. CONSENT CALENDAR A. WILLIAMS PLACE by Pemtom Land Company. 2nd Reading for Planned Unit Development District Review on 49.33 acres, Rezoning from Rural to R1-13.5 on 38.10 acre, Rezoning from Rural to RM-6.5 on 6.46 acres, and Site Plan Review on 6.46 acres. Location: East of Highway 212, South of Anderson Lakes Parkway, and north of Sunnybrook. (Ordinance for PUD District Review and Zoning District Change, and Resolution for Site Plan Review) (p. 16) B. MEYER ESTATES by Larry and Judith Meyer. Approve Developers Agreement. Location: 16519 Pioneer Trail. (p. 73) C. EDEN PRAIRIE CENTER 10TH ADDITION by General Growth. 2nd Reading for Planned Unit Development Review on 41.3 acres, and Zoning Amendment in C- Regional District on 41.3 acres. Location: Eden Prairie Mall, (Ordinance for PUD District Review and Zoning Amendment) (p. 88) D. ADOPT RESOLUTION APPROVING FINAL PLAT OF EDEN PRAIRIE CENTER 10TH ADDITION (p. 93) CITY COUNCIL AGENDA March 18,2003 Page 2 E. APPROVE SECOND READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 9, RELATING TO FIREWORKS AND ADOPT RESOLUTION APPROVING SUMMARY ORDINANCE FOR PUBLICATION (p. 97) F. AWARD CONTRACT FOR 2003 STREET SWEEPING, I.C. 03-5596 (p. 102) G. ADOPT RESOLUTION DECLARING COSTS TO BE ASSESSED, ORDERING PREPARATION OF 2003 SPECIAL ASSESSMENT ROLLS AND SETTING PUBLIC HEARING DATE ON APRIL 15,2003,FOR I.C. 98-5471, HILLCREST/ALPINE NEIGHBORHOOD STREET AND STORM SEWER IMPROVEMENTS (p. 103) H. APPROVE BIDS FOR STARING LAKE SLIDING HILL IMPROVEMENTS (p. 106) I. DECLARE OBSOLETE COMPUTER EQUIPMENT AS SURPLUS AND AUTHORIZE DISPOSAL OF PROPERTY (p. 109) J. APROVE CONTRACT WITH HENNEPIN COUNTY FOR ACCESS TO THE COUNTY'S COMPUTERIZED INFORMATION (p. 111) K. AWARD CONTRACT TO FOX LAWSON &ASSOCIATES FOR CITY- WIDE COMPENSATION STUDY (p. 128) L. APPROVE THE PURCHASE OF POLICE DICTATION SYSTEM FROM NORTHLAND BUSINESSS SYSTEM INC. (p. 138) M. APPROVE SECOND AMENDMENT TO LEASE BETWEEN CITY OF EDEN PRAIRIE AND HOLLYWOOD ENTERTAINMENT COPRORATION (HOLLYWOOD VIDEO) (p. 140) VII. PUBLIC HEARINGS /MEETINGS A. LAKE POINT by Taurus Properties, Inc. Request for Planned Unit Development Concept Review on 10 acres,Planned Unit Development District Review with waivers on 10 acres, Zoning District Change from Rural to R1-13.5 on 10 acres, and Preliminary Plat of 10 acres into 12 lots, 1 outlot and road right-of-way. Location: Southeast corner of Mitchell Road and Cumberland Road. (Resolution for PUD Concept Review, Ordinance for PUD District Review and Zoning District Change and Resolution for Preliminary Plat) (p. 143) B. HENNEPIN VILLAGE - SITES C & D by Pemtom Land Company. Request for Comprehensive Guide Plan Change from Low Density Residential to Medium Density Residential on 2.9 acres, from Office to Medium Density Residential on 4.5 acres, from Public to Office on 1.2 acres, and from Public to Medium Density Residential on .4 acres;Planned Unit Development Concept Amendment on 151.43 CITY COUNCIL AGENDA March 18,2003 Page 3 acres; Planned Unit Development District Review on 64.9 acres; Zoning District Change from Rural to R1-9.5 on 16.9 acres; Zoning District Change from Rural to RM-6.5 on 48 acres; Site Plan Review on 48 acres; and Preliminary Plat of 151.43 acres into 436 lots, 5 outlots, and road right of way. Location: North of Hwy. 212, east of Spring Road. (Resolution for Guide Plan Change, Resolution for PUD Concept Amendment, Ordinance for PUD District Review and Zoning District Change and Resolution for Preliminary Nat) (p. 156) VIII. PAYMENT OF CLAIMS (p. 185) IX. ORDINANCES AND RESOLUTIONS A. FIRST READING OF AN ORDINANCE AMENDING CITY CODE SECTION 11.51 —STANDARDS FOR THE PROTECTION OF WETLANDS (p. 193) X. PETITIONS,REQUESTS AND COMMUNICATIONS XI. REPORTS OF ADVISORY BOARDS & COMMISSIONS A. COMMUNITY CENTER IMPROVEMENT STUDY (p. 212) B. OUTDOOR POOL FEASIBILITY STUDY (p. 216) XII. APPOINTMENTS XIII. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER 1. Clean Air Task Force (p. 219) C. REPORT OF PARKS AND RECREATION DIRECTOR 1. Proposed Expansion of Flying Cloud Fields (p. 223) 2. Miller Spring Renovation Process and Budget(p. 227) 3. Recommendation for a Community Survey (p. 228) 4. Recommendation for 2003 Trails Projects (p. 229) 5. Staring Lake Archery Range (p. 236) D. REPORT OF PUBLIC WORKS DIRECTOR CITY COUNCIL AGENDA March 18,2003 Page 4 E. REPORT OF POLICE CHIEF F. REPORT OF FIRE CHIEF G. REPORT OF MANAGEMENT AND BUDGET DIRECTOR H. REPORT OF CITY ATTORNEY XIV. OTHER BUSINESS XV. ADJOURNMENT UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL WORKSHOP/FORUM TUESDAY,MARCH 4,2003 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, and Jan Mosman, and Philip Young CITY STAFF: City Manager Scott Neal, Police Chief Dan Carlson, Fire Chief George Esbensen, Public Works Director Eugene Dietz,Director of Parks and Recreation Bob Lambert, Management and Budget Director Don Uram, City Attorney Ric Rosow, and Recorder Lorene McWaters Heritage Room II I. CALL MEETING TO ORDER Councilmember Case served as Acting Mayor in Mayor Tyra-Lukens' absence. Case called the meeting to order at 5:35 p.m. IL APPROVAL OF AGENDA III. IMMIGRANT SERVICES City Manager Scott Neal said this Workshop item was scheduled in response to a resident who appeared at Council Forum last fall. This individual indicated he did not believe the City was providing adequate services for immigrants. Neal asked staff to look into the matter and report back to Council. Molly Koivumaki,Manager of Community Resources,works closely with the immigrant community. She presented a PowerPoint document on services for immigrants living in Eden Prairie. According to 2000 Census information, the most common languages other than English spoken in Eden Prairie are Spanish(1044), Russian(539),Vietnamese (454), African(269), and other (2419); however,because of the way in which information was gathered, it is believed that the Somali population in Eden Prairie was underestimated. Data from the Eden Prairie School District indicates about 500 Somali families live in Eden Prairie. Housing Koivumaki said the immigrant population is housed mostly in apartments. Eden Prairie has 34 apartment complexes, 13 of which accept Section 8 vouchers. Two project-based Section 8 apartment complexes,Prairie Meadows and Briar Hill, are 80 to 90 percent immigrant. 1 Employment Immigrants are employed mainly in hotel,retail, food service and manufacturing jobs, as well as taxi drivers. Koivumaki indicated that immigrants she has spoken with say Eden Prairie employers are generally very accepting of Muslim employees' need to pray on the job at specific times prescribed by their religion. Koivumaki said most immigrants she has heard from are happy to be in Eden Prairie and indicate that the resources here are good. SHAPE offers ESL and driving classes. Hennepin Tech,Normandale Community College and University of Minnesota offer other educational opportunities. Koivumaki described the optimal sequence of events for an immigrant in Eden Prairie as follows: arrive in the community, obtain a Section 8 housing voucher,take ESL classes, learn to drive, find employment, continue education, and achieve self-sufficiency. Koivumaki said health problems, fear and emotional problems that come with immigration are reasons support services are so important to this community. Koivumaki said the City funds many programs that assist immigrants, and she provided an overview of the major programs. Services Family Center Plus is an on-site (Briar Hill and Prairie Meadows Apartments) extension of the Eden Prairie Family Center. This program is expected to serve 50 families this year. It also provides connections with other community resources. Family and Children Services is a Bloomington-based program that provides one-on-one counseling with"wrap-around" support teams. They also provide referrals to other service providers. A subset of this program, Somali Family Services,holds community gatherings at Eden Lake School on Saturdays and Sundays. HOPE, a program that was created in 1997, serves 39 families each year. One of HOPE's case managers, Khadra Duale, is a Somali immigrant. HSSC and Familink provide comprehensive resource gathering services. Pearl Savage is Eden Prairie's Familink Coordinator. Cornerstone provides a therapist for immigrant students at Oak Point dealing with anger and aggression issues. Community of Nations is not funded by the City,but does work with individuals in the Eden Prairie immigrant community. Issues Koivumaki said there is a need for meeting spaces for the immigrant community. Lack of transportation is an ongoing issue, and there is a lot of anxiety surrounding the possibility of the United States going to war. a Future Plans Koivumaki said they are currently exploring faith-based initiatives to help provide services for the immigrant community. The Police Department is also considering holding a Citizens Academy tailored specifically for immigrants. Further development of training on cultural awareness for City staff is also under consideration. Overall,Koivumaki said she feels there are many services available, and that they are not redundant. She plans to post information about these services on the City's website soon. Butcher said she is also aware of many other services for immigrants in addition to those the City funds. Molly agreed and said the Hennepin County Library website is a very good, comprehensive resource. Council Chamber V. OPEN FORUM (Scheduled participants, 6:30-6:50 p.m.) • Jody Russell—Proposed Concealed Carry Legislation Jody Russell said she lives and works in Eden Prairie. She asked the Council to take a stance against the proposed conceal-carry legislation. She said she is concerned that the new rules would take away discretion from police chiefs regarding issuing permits to carry firearms. She said localities also will not have the ability to keep guns out of public places, such as City Council meetings. She said she has spoken to Senator Hann about her concerns, but that he still supports the bill. She strongly believes that more guns in pockets will translate into more use of guns. She said Duluth and Eagan have taken a stand against the legislation, and she would like to see Eden Prairie do the same. Eden Prairie resident Lisa Stene also spoke against the proposed legislation. She said individuals seeking permits currently must demonstrate a need,but they would not have to do so under the new rules. She said all three branches of law enforcement have come out against the bill. She said passage of the bill would also prove costly and could result in tax increases. Councilmember Butcher said there is a lot of power in citizens gathering,testifying and writing letters. She urged Russell and Stene to do so, and to encourage others to do likewise. Case said he thinks there may be a role for the Council to play on this issue,but it is not yet clear. He asked staff to gather more information to present to Council on in the issue. Young said he needs to know more about how the bill would change conceal-carry rules before he can take any stand. City Manager Neal said that the Municipal League of Cities is actively monitoring and opposing the bill. Chief Carlson said the content of the bill is changing daily, so it is hard to make a definitive statement about its possible impacts. He noted that the Sheriffs Association opposes the bill in its current form. VI. OPEN PODIUM(Unscheduled participants, 6:50-7:00 p.m.) VII. ADJOURNMENT 3 UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY,MARCH 4,2003 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher,Ron Case, Jan Mosman, and Philip Young CITY STAFF: City Manager Scott Neal,Parks &Recreation Director Bob Lambert,Public Works Director Eugene Dietz, City Attorney Ric Rosow and Council Recorder Theresa Brundage I. ROLL CALL/CALL THE MEETING TO ORDER Mayor Tyra-Lukens was absent, all other Councilmember Case served as Acting Mayor and called the meeting to order at 7:00 p.m. All other Councilmembers were present. II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION Acting Mayor Case stated Council Forum is 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 consists 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 Department 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 who wish to speak to the Council. IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Under Item XIII.A. Reports of Councilmembers, Mosman added a report on the Southwest Corridor Commission and Butcher added a report on traffic and parking issues. City Manager Scott Neal noted a change moving Item XII.A. so it immediately follows Item V.B. Neal also noted he will brief the Council on upcoming meetings under Item XIII.B. Report of City Manager. MOTION: Butcher moved, seconded by Mosman,to approve the Agenda as published and amended. Motion carried 4-0. V. MINUTES A. COUNCIL WORKSHOP HELD FEBRUARY 18,2003 MOTION: Mosman moved, seconded by Young, to approve as published,the Minutes of the City Council Workshop held February 18,2003. Motion carried 4-0. 9 CITY COUNCIL MEETING March 4,2003 Page 2 B. CITY COUNCIL MEETING HELD TUESDAY,FEBRUARY 18,2003 MOTION: Butcher moved, seconded by Young,to approve as published,the Minutes of the City Council Meeting held February 18, 2003. Motion carried 4-0. XII. APPOINTMENTS This item was moved pursuant to the agenda as amended. Neal acknowledged and thanked Molly Koivumaki for her establishment of the role of Director of Emergency Management. He said she has served 13 years in Emergency Management for the City, 10 years of service as the director, 5 years of service on the Minnesota Emergency Management Association Board that included one year as president. He said she has developed the City's current Emergency Operations Plan and has held the position of director during several major events, including the Y2K event and the Post-9/11 Homeland Security System implementation. Acting Mayor Case presented and read a plaque proclaiming appreciation to Koivumaki for her dedicated service in Emergency Management. Koivumaki thanked everyone for their support. A. DIRECTOR OF EMERGENCY MANAGEMENT City Manager Scott Neal said this resolution will officially designate Fire Chief George Esbensen as the City's Director of Emergency Management(DEM). The Fire Chief is the customary designation for the DEM position. Chief Esbensen has received specialized training to assume the DEM position. State Statutes require the City Council to make the DEM appointment through a formal written designation. Neal said he and the Police Chief both recommend the City Council grant this designation to Chief Esbensen. Neal said the role of Director of Emergency Management is currently held by Ms. Molly Koivumaki. She has performed the DEM role admirably and deserves credit for preparing a solid foundation for Mr. Esbensen. Neal said Ms. Koivumaki's will remain with the City and she has recently assumed a new emphasis in her position on human services issues. MOTION: Butcher moved, seconded by Mosman,to adopt Resolution No. 2003-46 appointing George Esbensen Director of Emergency Management. Motion carried 4-0. VI. CONSENT CALENDAR A. CLERK'S LICENSE LIST 5 CITY COUNCIL MEETING March 4,2003 Page 3 B. ADOPT RESOLUTION NO. 2003-41 REQUESTING HENNEPIN COUNTY CONVEY OWNERSHIP OF TAX FORFEITED LAND (OUTLOT B,RAVEN RIDGE) TO THE CITY OF EDEN PRAIRIE C. J.R. CUMMINS HOME AND RILEY-JACQUES FARM ARCHITECTURAL SERVICES AGREEMENT Approve architectural services agreement with Miller Dunwiddie Architects, for improvements at the J.R. Cummins Home, located at 13600 Pioneer Trail, and Riley-Jacques Farm,located at 9100 Riley Lake Road. D. ADOPT RESOLUTION NO. 2003-42 REVISING THE SOUTHWEST MUTUAL AID ASSOCIATION AGREEMENT E. AUTHORIZE RELOCATION OF THE TOTLOT ON WEST SIDE OF ROUND LAKE PARK AND PROVIDE FOR NEW PLAY EQUIPMENT F. AWARD CONTRACT FOR PLAYGROUND EQUIPMENT AT CRESTWOOD PARK PLAYGROUND TO WEBBER RECREATIONAL DESIGN INC. G. AWARD CONTRACT FOR PLAYGROUND EQUIPMENT AT FRANLO PARK PLAYGROUND TO FLANAGAN SALES,INC. MOTION: Young moved, seconded by Mosman, to approve Items A-G of the Consent Calendar. Motion carried 4-0. VII. PUBLIC HEARINGS/MEETINGS A. THE COVE 2ND ADDITION by Rick Lamettry. Request for Planned Unit Development Concept Review on 3.2 acres, Planned Unit Development District Review within the R1-22 zoning district with waivers on 3.2 acres, and Preliminary Plat of 3.2 acres into 3 lots. Location: 6861 and 6871Beach Road. (Resolution for PUD Concept Review, Ordinance for PUD District Review and Zoning District Amendment and Resolution for Preliminary Plat) City Manager Scott Neal said this item was continued at the February 18, 2003 meeting. He said a letter has been received from the proponent who originally requested a continuance and now requests a continuance to the April 1, 2003 meeting. A letter was sent to residents within 500 feet of the property notifying them of the continuance. MOTION: Mosman moved to continue the Public Hearing on The Cove 2nd Addition to April 1, 2003. Seconded by Young, motion carried 4-0. B. THREE RIVERS ANDERSON LAKES PARK PLAN A public meeting to review the park plan for Anderson Lakes Park City Manager Scott Neal said the Three Rivers Park District is starting development on their approved Master Plan for the Anderson Lakes Park CITY COUNCIL MEETING March 4,2003 Page 4 Unit. They are proposing to construct an entry road connecting to a 19-car parking lot at the intersection of Amsden Way and Anderson Lakes Parkway. The grading and tree loss for this project will be minimal in light of the 300- plus acres of parkland that will remain in its current natural state. In conjunction with the parking installation,the Park District is proposing to improve the current soft surface trails and add a bituminous bike and pedestrian trail. This proposal was reviewed by the Parks,Recreation and Natural Resources Commission at its January 6, 2003 meeting. It was approved on an 8-0 vote. This proposal was also reviewed by the Community Planning Board at its February 24, 2003 meeting. It was approved on an 8-0 vote. Parks &Recreation Director Bob Lambert introduced Mike Horn, a landscape architect for Three Rivers Park District,who gave a brief presentation on the plan. Neal requested that the City Attorney explain the Council's discretion on this matter. Rosow stated the request tonight is for approval of the parking lot and trail improvement. He said there is nothing in the City Code that pertains to Council granting permission for this,because this is neither a land use nor zoning decision. He said the City Council's ultimate determination is the issuance of a grading permit. Rosow said this is more of a public meeting for discussion and to receive input.He said he thinks it would be more appropriate for the Council to withhold formal action until the grading permit application has been received and there are standards and guidelines to make the decision. Joel Johnson of 9185 Talus Circle said he considers the project an enhancement and is excited about it. He said he jogs and walks weekly near the preserve and is concerned about traffic and crossing the intersection safely at Anderson Lakes Parkway where there are no crosswalk markings. He said he would like the Council to consider a traffic light for the safety of the residents. There was no further public comment. C. PROPOSED LAYOUT FOR TH 169 INTERCHANGE IMPROVEMENTS AT ANDERSON LAKES PARKWAY AND PIONEER TRAIL (CSAH 1) (RESOLUTION NO. 2003-45) City Manager Scott Neal said official notice of this public hearing was published in the January 30,2003,Eden Prairie Sun Current and sent to approximately 815 property owners. He said this public hearing to consider layout approval for the TH 169 interchange improvements at these intersections is part of the"municipal consent"process. A public hearing notice was published in the Eden Prairie Sun Current on January 30, 2003,which meets the 30-day notice requirement. A written notice was also sent out to all Eden Prairie property owners within a quarter mile of the project corridor. -4- CITY COUNCIL MEETING March 4,2003 Page 5 Director of Public Works Eugene Dietz introduced Donald Keefe, area manager for Minnesota Department of Transportation;Wayne Norris, area engineer for Minnesota Department of Transportation; and Ron Rauchle and Dennis Eiler,both from SRF Consulting. Keefe summarized the project and Norris gave an overview of the design of the project. Darcy Linter, a development consultant for Jerry's Enterprises, said she represents 20 tenants and she was not aware that Council was taking action on this item and she thought it was an informational meeting. She asked that the Council give an opportunity for Jerry's to work with MnDOT on the issue before Council takes action. She said her tenants would like an opportunity to be involved in the process. Case asked staff about open meetings available to the public. Dietz said there have been two open houses for this project where the City provided a mailing list for all property owners, including tonight's 815 notices. Dietz clarified that this is a MnDOT project where the City would not typically be involved in notifying property owners of meetings. Jim Meath of 10261 Normandy Crest said a number of residents will be impacted by this and he is concerned with the noise issue and how the sound abatement system might not go down far enough. He said there is a large hill that serves as a sound abatement, and it was used for the sound analysis during the summer when there are leaves on the trees. He asked Council to keep this in mind future developers'requests for taking down the hill or trees. He also asked Council to keep in mind consideration for the residents in the area and where the noise abatement walls will be located. There was no further public comment. MOTION: Butcher moved, seconded by Mosman,to close the public hearing; and adopt the resolution approving the proposed layout for TH 169 interchange improvements at Anderson Lakes Parkway and Pioneer Trail (CSAH 1). Young pointed out that this is a State project and the City has no control other than to hold a public hearing for input as required by legislature. He said it is a regional transportation issue and this City Council's ability to act on it is limited because it is not a City project. Mosman said she's sure the planners would be willing to meet with the retailers as a show of goodwill. Butcher said although the Council's role may be limited, she is happy to have the input from residents on this issue. Case said the Council needs to hear the input to possibly help mitigate problems and correct flaws. He said emphasis and funding of this type is finally coming to this area. Motion carried 4-0. CITY COUNCIL MEETING March 4,2003 Page 6 D. 2003 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM (RESOLUTION NO. 2003-44) City Manager Scott Neal said official notice of this public hearing was published in the February 20, 2003,Eden Prairie Sun Current. He said the Human Service Review Committee (HSRC)reviewed the 2003 CDBG proposals and recommended the following activities be funded: Funding County Public Service Activities (15%cap) Level Priority 1. PROP- Emergency Housing Assistance $ 10,100 High 2. HOPE Family Support Services $ 7,000 High 3. GMDCA-Child Care Subsidy Program $ 10,000 High 4. HOME-Household&Outside Maintenance for Elderly $ 5,000 High 5. Homeline Tenant's Advocacy Service $ 3,000 High Sub Total $ 35,100 (15%of total) Housing Activities Level 6 Housing Rehabilitation Deferred Loan Program $ 50,000 High 7. Affordable Rental Housing Land Acquisition $148,900 High Sub Total $198,900 (75%of total) Grand Total $234,000 Neal said David Lindahl is present and available to answer questions. Julie Danzel from Greater Minneapolis Daycare Association thanked the Council for support for the past decade and emphasized the significance of the investment that is being made for area families. She said the funding helps shorten waiting lists by 2-3, and sometimes 4-5,months. There was no further public comment. MOTION: Mosman moved to adopt Resolution No. 2003-44 approving the use of funds for the 2003 Urban Hennepin County Community Development Block Grant (CDBG)program as recommended by the Human Services Review Committee (HSRC). Seconded by Young, motion carried 4-0. VIII. PAYMENT OF CLAIMS MOTION: Young moved, seconded by Mosman, to approve the Payment of Claims. The motion was approved on a roll call vote,with Butcher, Case, Mosman, and Young voting"aye." IX. ORDINANCES AND RESOLUTIONS A. FIRST READING OF AN ORDINANCE AMENDING CITY CODE SECTIONS 2.25 AND 2.26,RELATING TO BOARD OF ADJUSTMENTS AND APPEALS City Manager Scott Neal said the City Code is being amended to reflect that the Community Planning Board shall serve a new role as the Board of Adjustments and 9 CITY COUNCIL MEETING March 4,2003 Page 7 Appeals. He said this was discussed with the Council at the February 18,2003 workshop where Staff was asked to prepare it for this meeting. Mosman said there has been more than one member of this board that has questioned moving it into the Planning Board and she is requesting considering it further.Neal said his understanding is that the staff person who coordinates activities for the board had a discussion with the chair of the board and this question was addressed last year when the chair recommended dissolving the board to the Council last year. He said the chair made the same recommendation this year. Case said this is a Staff-directed decision and he believes the Planning Board can fulfill the functions of the Board of Adjustments. Neal said if the workload does not overburden the Community Planning Board, it seems that the system is more efficient with one group of advisory board members rather than two. Young said it was not an issue of work being left undone, it was just work being transferred from one commission to another. Mosman asked if another body like the Planning Board can do this. She said it's not a cost issue, it's something where there are a floating number of people involved on a volunteer basis. She asked if there was a great reason for canceling something that offers opportunities for community involvement. Rosow said he recalls Council discussing this last year and discussion was raised through the chair that there was not a reason for the commission and Councilmembers were reluctant that evening to agree because Council thought it was unfair to those who had applied for the commission and were not serving on it who did not then have an opportunity to switch to a different commission or have their application considered. So,he said, Council put in an abeyance for a year so Staff could do what they did this time- let those people know that this was a possibility of happening and if they were interested in other commissions,to do that. Rosow said those letters came as a surprise to him because Council had this discussion over a year ago. Butcher said she agrees and she is sensitive to those who have served on the Board of Appeals and Adjustments,but there are other opportunities. MOTION: Butcher moved, seconded by Young, to approve the first reading of the Ordinance amending City Code, Chapter 9,relating to the Board of Adjustments and Appeals. Rosow added that this will come back for a second reading,not at the next meeting, but existing Staff will be allowed to finish its work until successors are appointed. Motion carried 4-0. /b CITY COUNCIL MEETING March 4,2003 Page 8 B. FIRST READING OF AN ORDINANCE AMENDING CITY CODE SECTION 9.05,RELATING TO FIREWORKS City Manager Scott Neal said that the City Code is being amended to provide the ability to safely regulate the display, sale and storage of fireworks. The proposed ordinance is consistent with accepted national standards. He said the reason this is being considered at this time is because of a liberalization of fireworks legislation in Minnesota at this time, and this ordinance will regulate where fireworks may be stored in the City and it will require fireworks be sold in a building that has a sprinkler system. MOTION: Young moved, seconded by Mosman,to approve the first reading of the • Ordinance amending City Code, Chapter 9,relating to fireworks. Motion carried 4- 0. C. ADOPT RESOLUTION NO. 2003-45 REQUESTING FUNDING FOR CONSTRUCTION OF NEW TRUNK HIGHWAY 212 City Manager Scott Neal said the Southwest Corridor Transportation Coalition, of which we are a member, is requesting all of its membership to adopt a resolution encouraging the Legislature and Governor to proceed with the funding mechanism to accelerate the construction of new TH 212 from 2013 to 2004-2005. As Council knows from previous briefings by MnDOT staff,new TH 212, TH 169 interchanges and the third lane project on I-494 from TH 212 to I-394 are three of the four top projects that are likely to be funded if the anticipated bonding bill is enacted. Neal said Staff supports the adoption of the resolution. MOTION: Butcher moved, seconded by Mosman,to adopt a resolution requesting State Legislative action in 2003 to approve funding for construction of new Trunk Highway 212 in the Southwest Metro area. Motion carried 4-0. X. PETITIONS,REQUESTS AND COMMUNICATIONS XI. REPORTS OF ADVISORY BOARDS & COMMISSIONS XII. APPOINTMENTS A. DIRECTOR OF EMERGENCY MANAGEMENT This item was heard following Item V.B. B. 2003 BOARDS AND COMMISSIONS City Manager Scott Neal said City Council held Board and Commission interviews on Tuesday,February 26,2002. Thirty-six candidates applied for consideration; nine of which are seeking reappointment. Sixteen candidates have been designated for appointment on March 4, 2003. CITY COUNCIL MEETING March 4,2003 Page 9 MOTIONS: Butcher moved to appoint to the Community Planning Board Kathy Nelson,Ray Stoelting, and William Sutherland with terms to expire 3/31/2006. Seconded by Mosman, motion carried 4-0. Butcher moved to appoint to the Heritage Preservation Commission Deborah Barkley, Molly Gilbertson, and Lori Peterson-Benike with terms to expire 3/31/2006. Seconded by Mosman, motion carried 4-0. Butcher moved to appoint to the Human Rights and Diversity Commission Geri Beckmann, Caroline Maguire and Larry Piumbroeck with terms to expire 3/31/2006. Seconded by Mosman, motion carried 4-0. Butcher moved to appoint to the Arts & Culture Commission Ann Birt and Lois Larson with terms to expire 3/31/2006. Seconded by Mosman, motion carried 4-0. Butcher moved to appoint to the Parks, Recreation and Natural Resources Commission Rob Barrett, John Brill,Tom Crain,Randy Jacobus, and Ian Mackay with terms to expire 3/31/2006. Seconded by Mosman, motion carried 4-0. C. 2003 BOARD OF APPEAL AND EQUALIZATION City Manager Scott Neal said the proposed members for Council approval are experienced real estate professionals with knowledge of the Southwest metro area. Mike Best of REMAX Results is involved in the sale of single family properties in the southwest metro area. Judy Ilstrup of Edina Realty is involved in the sale of single family properties in the southwest metro area. Doug Malam of REMAX Results is involved in the sale of single family properties in the southwest metro area. Annette O'Connor of Coldwell Banker Burnet Realty is involved in the sale of single family properties in the southwest metro area. Patricia Pidcock of Edina Realty is involved in the sale of single family properties in the southwest metro area and a former member of the Eden Prairie City Council. MOTION: Mosman moved, seconded by Young, to appoint to the Board of Appeal and Equalization Mike Best, Judy Ilstrup, Doug Malam, Annette O'Connor and Patricia Pidcock for the period of April 24, 2003 through May 13, 2003. Motion carried 4-0. D. 2003 CHAIR AND VICE CHAIRS OF THE BOARDS AND COMMISSIONS City Manager Scott Neal said Chairs and Vice Chairs are appointed annually by the City Council following the appointment of members to City Boards and Commissions. City Code Section 2.22, Subd. 5 states, "the Council shall in March each year choose a chairperson and vice-chairperson for a Board, Commission and Citizen Advisory Commission to serve for a period of one year." To be eligible for consideration, City Code states, "a chairperson must have served one year on the Board, Commission, or Citizen Advisory Commission before becoming eligible for appointment as a chairperson."Neal said the Council reviewed and approved the following list of Chairs and Vice Chairs at its meeting last week. However, since that CITY COUNCIL MEETING March 4,2003 Page 10 time,Neal said notice has been received that the proposed chair of the Parks, Recreation and Natural Resources Commission is moving out of state so Staff recommends Jeff Gerst for that position. MOTIONS: Young moved, seconded by Butcher,to appoint Ray Stoelting as Chair and Kathy Nelson as Vice Chair of the Community Planning Board. Motion carried 4-0. Young moved, seconded by Mosman, to appoint Lori Peterson-Benike as Chair and Betsy Adams as Vice Chair of the Heritage Preservation Commission. Motion carried 4-0. Young moved, seconded by Mosman, to appoint Rob Barrett as Chair and Jeff Gerst as Vice Chair of the Parks, Recreation and Natural Resources Commission. Motion carried 4-0. Young moved, seconded by Butcher,to appoint Harry Moran as Chair and Jeff Strate as Vice Chair of the Human Rights and Diversity Commission. Motion carried 4-0. Young moved, seconded by Butcher,to appoint Susan Dickman as Chair and Ann Birt as Vice Chair of the Arts and Culture Commission. Motion carried 4-0. Young moved, seconded by Mosman,to appoint Patricia Pidcock as Chair and Mike Best as Vice Chair of the Board of Equalization and Appeals. Motion carried 4-0. XIII. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS Mosman said$500,000 has been designated for the Southwest Corridor new Highway 212 for design and use on the whole project. She said credit should be given to Senators Dayton and Coleman, and Representatives Kline, Sabo,Ramstad and Peterson. Butcher said residents on Hilltop are concerned about parking on Hilltop during church services at Grace Church which restricts residents' access to their driveways. She asked of Staff could address the problem. She also said there is a concern about the timing of the lights on Bennett Place and Pioneer Trail during the highly traveled times of the day, and asked if Staff could address or ask the County to address that. B. REPORT OF CITY MANAGER 1. Clean Air Task Force The City Council has requested that an ad hoc citizen's task force be established to study recommendations to improve the quality of indoor air in Eden Prairie. The task force model proposed by the City Manager was previously reviewed with the City Council at the Council's February 18, 2003 '3 CITY COUNCIL MEETING March 4,2003 Page 11 Workshop. Suggestions and input from Councilmembers at the Workshop has been incorporated into the attached proposal. If the proposed task force model is approved by the City Council, I believe the task force could be appointed by the Council as early as April 15,2003. City Manager Scott Neal requested a continuance of this item until the next Council meeting when all members are present.No action was taken at this time. 2. Neal said there have been discussions regarding meeting with Eden Prairie School Board every six months. He reported the next meeting has been scheduled for Monday,April 14, 2003, at 5 p.m. at the School District administration building. 3. Neal reported that although a meeting to discuss the first draft of the Strategic Plan had been set for March 11, 2003, Council is not going to be able to meet in full session that evening, so he recommends not meeting at that time.Neal said a new date and time will be determined and scheduled. C. REPORT OF PARKS AND RECREATION DIRECTOR Parks and Recreation Director Bob Lambert introduced Carla Kress, Staff Therapeutic Recreation Coordinator,who is responsible for providing programs and services for people in Eden Prairie with special needs or who have disabilities. 1. Update on ARLE Cooperative Agreement Kress said the Adaptive Recreation Learning Exchange Program started back in 1989-90 between the cities of Eden Prairie, Edina,Richfield, and Bloomington. She said the cities are growing in different ways and she has developed a proposal to revise Eden Prairie's partnership. She said her focus is to serve the residents with disabilities in Eden Prairie. The revised partnership would continue to include promoting programs in the 4-city quarterly brochure and maintaining residency status so residents can participate in all of the four cities. 2. Update on Leisure Education Program Kress said revising the partnership with the other cities will also involve increasing the Leisure Education Program and also increase inclusions. She said last year there was a deficit,but this year a grant has been received that will substantially help the budget.Kress said she is developing partnerships with the schools and group homes with this program. 3. Update on NIRI Conference Kress said the National Institute on Recreation Inclusion is in its 4th year. She said she and Tria Mann are co-chairs of the National Institute conference that CITY COUNCIL MEETING March 4,2003 Page 12 will take place September 4-7,2003 in Bloomington.Kress thanked Neal and Lambert for their support of this. D. REPORT OF PUBLIC WORKS DIRECTOR E. REPORT OF POLICE CHIEF F. REPORT OF FIRE CHIEF G. REPORT OF MANAGEMENT AND BUDGET DIRECTOR H. REPORT OF CITY ATTORNEY XIV. OTHER BUSINESS XV. ADJOURNMENT MOTION: Butcher moved, seconded by Mosman,to adjourn the meeting. Motion carried 4-0. Acting Mayor Case adjourned the meeting at 8:30 p.m. I5 CITY COUNCIL AGENDA DATE: 03/18/03 SECTION: Consent Agenda DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Management &Budget/Planning Donald R. Uram Williams Place -71. A", Michael D. Franzen Requested Action Move to: • Approve 2nd Reading of the Ordinance for PUD District Review with waivers and Zoning District Change from Rural to R1-13.5 on 38.10 acres, and Rural to RM-6.5 on 6.46 acres; and • Adopt the Resolution for Site Plan Review; and • Approve the Developer's Agreement for Williams Place. Synopsis This is for 79 single family homes and 48 townhouses. Attachments 1. Ordinance for PUD District Review with waivers and Zoning District Change 2. Resolution for Site Plan Review 3. Developer's Agreement /b WILLIAMS PLACE CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO.3-2003-PUD-1-2003 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 and RM-6.5 Zoning District 3-2003-PUD-1-2003 (hereinafter"PUD-1-2003-R1-13.5 and RM-6.5"). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of March 18, 2003, entered into between Pemtom Land Company, and the City of Eden Prairie, (hereinafter "Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD-1-2003-R1-13.5 and RM-6.5, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-1-2003-R1-13.5 and RM-6.5 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-1-2003-R1-13.5 and RM-6.5 is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-1-2003-R1-13.5 and RM-6.5 are justified by the design of the development described therein. • Lot frontage less than 85 feet in the R1-13.5 District. • Setbacks from 10 feet minimum and 25 feet total to 5 feet minimum and 15 feet total in the R1-13.5 District • Lot size less than 13,500 square feet In the R1-13.5 District. • Density from 6.7 to 7.43 units per acre in the RM-6.5 District f7- D. PUD-1-2003-R1-13.5 and RM-6.5 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 and RM-6.5 Zoning Districts and shall be included hereafter in the Planned Unit Development PUD-1-2003-R1-13.5 and RM- 6.5 and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 18th day of February, 2003, 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 March, 2003. ATTEST: Kathleen A. Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on IS EXHIBIT A Pud Legal Description —Williams Place Multi Family(R6.5)Zoning Legal Description That part of the North Half of the Southwest Quarter of Section 23, Township 116 North,Range 22 West,Hennepin County,Minnesota, described as follows: Commencing at the northwest corner of said North Half of the Southwest Quarter; thence South 00 degrees 35 minutes 03 seconds East, assumed bearing along the west line of said North Half of the Southwest Quarter, a distance of 823.00 feet; thence North 89 degrees 03 minutes 56 seconds East, a distance of 59.64 feet to the actual point of beginning; thence continue North 89 degrees 03 minutes 56 seconds East, a distance of 295.36 feet; thence South 00 degrees 35 minutes 03 seconds East, a distance of 24.57 feet; thence easterly, along a non-tangential curve, concave to the north, having a radius of 412.01 feet, a central angle of 26 degrees 45 minutes 49 seconds, and an arc length of 192.46 feet,the chord of said curve bears North 73 degrees 03 minutes 54 seconds East; thence North 89 degrees 03 minutes 56 seconds East, not tangent to last described curve, a distance of 155.00 feet; thence South 18 degrees 17 minutes 21 seconds West, a distance of 64.79 feet; thence South 28 degrees 07 minutes 03 seconds West, a distance of 132.19 feet; thence South 25 degrees 22 minutes 50 seconds West, a distance of 113.51 feet; thence South 13 degrees 13 minutes 33 seconds West, a distance of 114.12 feet; thence South 00 degrees 34 minutes 11 seconds East, a distance of 139.28 feet to the south line of said North Half of the Southwest Quarter; thence South 89 degrees 25 minutes 49 seconds West, along said south line, a distance of 419.12 feet to the easterly Right of Way of U.S. Highway No. 212 per Doc. No. 4561665; thence North 21 degrees 39 minutes 19 seconds West, along said Right of Way, a distance minutes 46 seconds East, a distance of 348.87 feet to the point of beginning and there terminating. Single Family(R13.5)Zoning Legal Description That part of the North Half of the Southwest Quarter of Section 23, Township 116 North, Range 22 West,Hennepin County,Minnesota, described as follows: Commencing at the northwest corner of said North Half of the Southwest Quarter; thence North 89 degrees 03 minutes 56 seconds East, assumed bearing along the north line of said North Half of the Southwest Quarter, a distance of 585.01 feet to the actual point of beginning of the land to be described; thence continue easterly along said line, a distance of 1,274.18 feet to the west line of the East 812.50 feet of said North Half of the Southwest Quarter; thence South 00 degrees 08 minutes 46 seconds West, along said west line, a distance of 1,331.99 feet to the south line of said North Half of the Southwest Quarter; thence South 89 degrees 25 minutes 49 seconds West, along said south line, a distance of 1,310.61 feet; thence North 00 degrees 34 minutes 11 seconds West, a distance of 139.28 feet; thence North 13 degrees 13 minutes 33 seconds East, a distance of 114.12 feet;thence North 25 degrees 22 minutes 50 seconds East, a distance of 113.51 feet; thence North 28 degrees 07 minutes 03 seconds East, a distance of 132.19 feet; 19 thence North 18 degrees 17 minutes 21 seconds East, a distance of 64.79 feet; thence North 00 degrees 35 minutes 03 seconds West, a distance of 137.80 feet; thence South 73 degrees 36 minutes 21 seconds West, a distance of 23.33 feet; thence North 20 degrees 06 minutes 00 seconds West, a distance of 187.20 feet; thence North 00 degrees 35 minutes 03 seconds West, a distance of 226.59 feet; thence South 89 degrees 03 minutes 56 seconds West, a distance of 23.00 feet; thence North 00 degrees 35 minutes 03 seconds West, a distance of 260.00 feet to the point of beginning and there terminating. WILLIAMS PLACE CITY OF EDEN PRAIRIE HENNEPIN COUNTY,NIINNESOTA SUMMARY OF ORDINANCE NO.3-2003-PUD-1-2003 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA,ORDAINS: Summary: This ordinance allows rezoning of land located east of Highway 212, south of Anderson Lakes Parkway and North of Sunnybrook, from Rural Zoning District to the R1- 13.5 and RM-6.5 Zoning District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen A.Porta, City Clerk 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.) eD..I WILLIAMS PLACE CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2003- A RESOLUTION GRANTING SITE PLAN APPROVAL FOR WILLIAMS PLACE BY PEMTOM LAND COMPANY - WHEREAS, Pemtom Land Company, has applied for Site Plan approval of Williams Place for construction of 79 single family homes and 48 townhouses, by an Ordinance approved by the City Council on March 18, 2003; and WHEREAS, the Community Planning Board reviewed said application at a public hearing at its January 27, 2003 meeting and recommended approval of said site plans; and WHEREAS, the City Council has reviewed said application at a public hearing at its February 18, 2003 meeting. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval be granted to Pemtom Land Company for Williams Place, based on plans dated February 19, 2003, between Pemtom Land Company, and the City of Eden Prairie. ADOPTED by the City Council of the City of Eden Prairie this 18th day of March, 2003. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen A. Porta, City Clerk DEVELOPMENT AGREEMENT WILLIAMS PLACE THIS AGREEMENT is entered into as of March 18, 2003, by Pemtom Land Company, a Minnesota corporation,hereinafter referred to as"Developer,"its successors and assigns,and the CITY OF EDEN PRAIRIE, a municipal corporation,hereinafter referred to as "City": WITNESSETH: WHEREAS, Developer has applied to City for Comprehensive Guide Plan Change from Industrial to Medium Density Residential on 1.9 acres, Comprehensive Guide Plan Change from Low Density Residential to Medium Density Residential on 2.95 acres, Comprehensive Guide Plan Change from Industrial to Low Density • Residential on 1.37 acres,Planned Unit Development Concept Review on 49.33 acres,Planned Unit Development District Review on 49.33 acres,Rezoning from Rural to R1-13.5 on 38.10 acres,Rezoning from Rural to RM-6.5 on 6.46 acres,Site Plan Review on 6.46 acres,and Preliminary Plat of 49.33 acres into 84 lots,6 outlots and road right of way, legally described on Exhibit A (the"Property"); NOW,THEREFORE,in consideration of the City adopting Resolution No. for Guide Plan Change,Resolution No. for Planned Unit Development Concept Review,Ordinance No. for Planned Unit Development District Review and Zoning District Change from Rural to R1- 13.5 and RM-6.5acres, Resolution No. for Site Plan Review, and Resolution No. for Preliminary Plat, Developer agrees to construct, develop and maintain the Property as follows: a3 1. PLANS: Developer shall develop the Property in conformance with the materials revised and stamp dated February 19,2003,reviewed and approved by the City Council on February 19,2003, (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. COLLEGE VIEW DRIVE: Construction of the College View Drive connection to T.H. 212 shall be completed by developer by November 1, 2003. If developer cannot reach agreement with adjoining property owner for the construction at College View Drive, developer shall petition the City for improvement at the westerly 400 feet at College View Drive and enter into an assessment agreement for not less than one- half of the cost, including, but limited to, land acquisition. 4. CONSTRUCTION ACCESS: All construction access should be from Highway 212 or Aztec Drive. The developer and builder must submit an access management plan to the City Engineer for approval. This will include requirements for notifying all contractors and suppliers of materials and posting signs for no access to existing residential streets. The Access Management Plan will also include penalties for non compliance such as withholding inspections and or permits. 5. DEVELOPER'S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a violation of City Code relating to use of the Land construction thereon or failure to fulfill an obligation imposed upon the Developer pursuant to this Agreement,City 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. 6. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall release,defend and indemnify City,its elected and appointed officials,employees and agents from and against any and all claims, demands, lawsuits, complaints, loss, costs (including attorneys' fees), damages and injunctions relating to any acts, failures to act, errors, omissions of Developer or Developer's consultants,contractors,subcontractors,suppliers and agents. Developer shall not be released from its responsibilities to release, defend and indemnify because of any inspection,review or approval by City. 7. 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 y materials and colors to be used on the buildings on the Property. Developer shall also submit to the City Planner, and receive the City Planner's written approval of a plan depicting changes to the ends of the buildings to be similar to the"front door" appearance. This would include materials colors, window treatments and other construction details. 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. 8. GRADING, DRAINAGE, AND EROSION CONTROL PLANS: A. FINAL GRADING AND DRAINAGE PLAN: Developer agrees that the grading and drainage plan contained in the Plans is conceptual. Prior to the release of a land alteration permit for the Property, Developer shall submit and obtain the City Engineer's written approval of a final grading and drainage plan for the Property. The final grading and drainage plan shall include all wetland, wetland buffer strips, wetland buffer monument locations,water quality ponds,storm water detention areas and other items required by the application for and release of a land alteration permit. All design calculations for storm water quality and quantity together with a drainage area map shall be submitted with the final grading and drainage plan. Prior to release of the grading bond, Developer shall certify to the City that the water quality pond conforms to the final grading plan. Developer shall employ the design professional who prepared the final grading plan. The design professional shall monitor construction for conformance to the approved final grading plan and City erosion control policy. The design professional shall provide a final report to the City certifying completion of the grading in conformance the approved final grading plan and City erosion control policy. B. EROSION CONTROL PLAN: Prior to issuance of a land alteration permit, Developer shall submit to the City Engineer and obtain City Engineer's written approval of an erosion control plan for the Property. The erosion control plan shall include all boundary erosion control features,temporary stockpile locations and turf restoration procedures: All site grading operations shall conform to the City's Erosion Control Policy labeled Exhibit D, attached hereto and made a part hereof. Prior to release of the grading bond,Developer shall complete implementation of the approved plan. Developer shall remove any sediment that accumulates in the existing and/or proposed sedimentation pond during construction. Upon request by the City, Developer shall provide preconstruction and post construction surveys for evaluation by City. 9. 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. 10. 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 multiple family portion of 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. 11. 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. 12. PUD WAIVERS GRANTED: The city hereby grants the following waivers to City Code requirements within the R1-13.5 and RM-6.5 District through the Planned Unit Development District Review for the Property and incorporates said waivers as part of PUD as shown on the preliminary plat in Exhibit B. • Lot frontage less than 85 feet in the R1-13.5 District • Sideyard setbacks from 10 feet minimum and 25 feet total to 5 feet minimum and 15 feet total in the R1-13.5 District • Lot size less than 13,500 square feet in the R1-13.5 District • Density from 6.7 to 7.43 units per acre in the RM-6.5 District 13. 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$ to guarantee that Developer completes implementation of the approved plan. The city shall return to Developer the$ deposit at such time as the Chief Building Official has verified in writing that the Developer has completed implementation of the approved plan. 14. 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. 15. 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 shall be constructed in the following locations: A. A five-foot wide concrete sidewalk to be located along all streets as shown on the plans dated December 20, 2002, revised January 17, 2003. Developer shall complete implementation of the approved plans in accordance with the terms of Exhibit C prior to issuance of any occupancy permit for the Property 16. 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. 17. SPECIAL ASSESSMENT AGREEMENT: Prior to the release of a final plat for any portion of the Property an assessment agreement, in the form and substance as attached in Exhibit E must be signed by the owners of the Property,with the City for Trunk Sewer and Water Assessments ('Trunk Improvements) on an assessable acreage of 2.93 acres in the amount of$15,675.50. 18. TREE LOSS-TREE REPLACEMENT: There are 3,649 diameter inches of significant trees on the Property. Tree loss related to development on the Property is calculated at 2,667 diameter inches. The tree replacement required is 2,589 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 2,593 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. 19. WETLAND PLAN: 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 and as required by City Code. The Plan shall include the following elements. 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 the Buffer Report identifies any unacceptable vegetation or other conditions,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 November 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 be submitted two full growing seasons following completion of the development and shall evaluate the wetland and wetland buffer strip to determine if the wetland and wetland buffer strip remain in compliance with all City requirements. If any unacceptable conditions or vegetation are identified within the Buffer Reports,the Developer shall correct the area(s) identified 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 executed by the owners of the Property platted and 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 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 Performance Bond: 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 costs associated with the Wetland Plan during development and for two full growing seasons following completion of the development. 20. SUBDIVISION OF ADJOINING PARCELS: The Property includes portions of Parcels 23-116-22-32-0011 and 23-116-22-32-0009 as depicted on Lot Split Sketches 1 and 2 identified on Exhibit B.. The City Manager or his designated representative shall authorize the subdivision of these two parcels in accordance with Lot Split Sketches 1 and 2 upon compliance with and satisfaction of the provisions of City Code Section 12.02 Subd. 1 including but not limited to provision(4)therein that no written objection has been filed with the City within ten days following written notification to the owners of land contiguous to the 29 Parcels being divided. Developer may purchase that portion designated Parcel 2 on each respective Lot Split Sketch for inclusion in the final plat of Williams Place as shown on the preliminary plat identified on Exhibit B. Developer agrees that the specific dimensions for each of the three areas designated Parcel 2 on each Lot Split Sketch are subject to final review by City at the time of final plat review. 30 IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. DEVELOPER CITY OF EDEN PRAIRIE By 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 ,2003, 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 ,2003, by , the , of , a Minnesota , on behalf of the Notary Public 31 EXHIBIT A DEVELOPMENT AGREEMENT -WILLIAMS PLACE Legal Description before Final Plat Multi Family (R6.5)Zoning Legal Description That part of the North Half of the Southwest Quarter of Section 23, Township 116 North, Range 22 West,Hennepin County, Minnesota, described as follows: Commencing at the northwest corner of said North Half of the Southwest Quarter;thence South 00 degrees 35 minutes 03 seconds East, assumed bearing along the west line of said North Half of the Southwest Quarter, a distance of 823.00 feet;thence North 89 degrees 03 minutes 56 seconds East, a distance of 59.64 feet to the actual point of beginning;thence continue North 89 degrees 03 minutes 56 seconds East, a distance of 295.36 feet;thence South 00 degrees 35 minutes 03 seconds East, a distance of 24.57 feet; thence easterly, along a non-tangential curve, concave to the north,having a radius of 412.01 feet, a central angle of 26 degrees 45 minutes 49 seconds, and an arc length of 192.46 feet, the chord of said curve bears North 73 degrees 03 minutes 54 seconds East; thence North 89 degrees 03 minutes 56 seconds East, not tangent to last described curve, a distance of 155.00 feet; thence South 18 degrees 17 minutes 21 seconds West, a distance of 64.79 feet; thence South 28 degrees 07 minutes 03 seconds West, a distance of 132.19 feet; thence South 25 degrees 22 minutes 50 seconds West, a distance of 113.51 feet; thence South 13 degrees 13 minutes 33 seconds West, a distance of 114.12 feet;thence South 00 degrees 34 minutes 11 seconds East, a distance of 139.28 feet to the south line of said North Half of the Southwest Quarter; thence South 89 degrees 25 minutes 49 seconds West, along said south line, a distance of 419.12 feet to the easterly Right of Way of U.S. Highway No. 212 per Doc.No. 4561665;thence North 21 degrees 39 minutes 19 seconds West, along said Right of Way, a distance minutes 46 seconds East, a distance of 348.87 feet to the point of beginning and there terminating. Single Family (R13.5)Zoning Legal Description That part of the North Half of the Southwest Quarter of Section 23, Township 116 North, Range 22 West, Hennepin County, Minnesota, described as follows: Commencing at the northwest corner of said North Half of the Southwest Quarter; thence North 89 degrees 03 minutes 56 seconds East, assumed bearing along the north line of said North Half of the Southwest Quarter, a distance of 585.01 feet to the actual point of beginning of the land to be described; thence continue easterly along said line, a distance of 1,274.18 feet to the west line of the East 812.50 feet of said North Half of the Southwest Quarter; thence South 00 degrees 08 minutes 46 seconds West, along said west line, a distance of 1,331.99 feet to the south line of said North Half of the Southwest Quarter;thence South 89 degrees 25 minutes 49 seconds West, along said south line, a distance of 1,310.61 feet; thence North 00 degrees 34 minutes 11 seconds West, a distance of 139.28 feet; thence North 13 degrees 13 minutes 33 seconds East, a distance of 114.12 feet; thence North 25 degrees 22 minutes 50 seconds East, a distance of 113.51 feet; thence North 28 degrees 07 minutes 03 seconds East, a distance of 132.19 feet; thence North 18 degrees 17 minutes 21 seconds East, a distance of 64.79 feet; thence North 00 degrees 35 minutes 03 seconds West, a distance of 137.80 feet;thence South 73 degrees 36 minutes 21 seconds West, a distance of 23.33 feet;thence North 20 degrees 06 minutes 00 seconds West, a distance of 187.20 feet;thence North 00 degrees 35 minutes 03 seconds West, a distance of 226.59 feet;thence South 89 degrees 03 minutes 56 seconds West, a distance of 23.00 feet; thence North 00 degrees 35 minutes 03 seconds West, a distance of 260.00 feet to the point of beginning and there terminating. Legal Description after Final Plat Lots 1-24, Block 1; Lots 1-30, Block 2; Lots 1-18, Block 3; Lots 1-7, Block 4; Lots 1-5, Block 5; Outlots A, B, C, D, E and F, Williams Place Hennepin County 33 EXHIBIT B DEVELOPMENT AGREEMENT - WILLIAMS PLACE 1. Cover Sheet revised February 14, 2003,by Westwood Professional Services 2. Existing Conditions revised February 14, 2003,by Westwood Professional Services 3. Preliminary Plat revised February 14,2003,by Westwood Professional Services 4. Preliminary Grading Plan revised February 14, 2003,by Westwood Professional Services 5. Preliminary Utility Plan revised February 14, 2003, by Westwood Professional Services 6. Preliminary Landscape/Tree Replacement Plan revised February 14, 2003, by Westwood Professional Services 7. Preliminary Tree Preservation Plan revised February 14, 2003,by Westwood Professional Services 8. Preliminary Condominium Architecture revised January 17, 2003,by Westwood Professional Services 9. Lot Split Sketch 1, dated March5, 2003,by Westwood Professional Services 10. Lot Split Sketch 2, dated March5, 2003,by Westwood Professional Services JLJ EXHIIBIT C DEVELOPMENT AGREEMENT - WILLIAMS PLACE 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. 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 Rezoning, Site Plan review and/or Guide Plan review approved in connection with this Agreement, thus restoring the status of the Property before the Development 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: Robert K. Williams Jeffrey M. Williams Mary K. Williams Lynn E. Shea R.H. Williams Sales, Inc. Orville E. Hein James A. Simchuck and Sharilyn A. Simchuck PDL Holdings, LLC 35 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 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 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 Development Agreement. Notice shall be sent to Time Warner Cable, 801 Plymouth Avenue North, Minneapolis, Minnesota 55411. XIII. 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 37- the post. EXHIBIT I) DEVELOPMENT AGREEMENT - WILLIAMS PLACE 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: 3.6 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. By: By: Owner's Signature Applicant's Signature DEVELOPMENT NAME: Lot: Block: OWNER INFORMATION OWNER(PRINT): ADDRESS CITY 39 EXHIBIT E DEVELOPMENT AGREEMENT -WILLIAMS PLACE SPECIAL ASSESSMENT AGREEMENT SSA No.03-03 AGREEMENT REGARDING SPECIAL ASSESSMENTS THIS IS AN AGREEMENT MADE THIS day of ,2003 between the City of Eden Prairie, a municipal corporation, (the "City") and (the "Owner"). A. The Owner holds 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"). 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 as follows: a) The Property will be assessed for Trunk Improvements on 2.93 acres in an amount of $15,675.50. 2. The City's assessment records for the Property will show the assessments as a "pending" assessment"until levied. 3. 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. 4. The Owner concurs that the benefit to the Property by virtue of 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 a against the Property as set forth above or validity of the assessments. 5. 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 in 2003. 6. This agreement shall be effective immediately. L/l IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. DEVELOPER CITY OF EDEN PRAIRIE By 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 ,2003, 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 , 2003,by , the , of , a Minnesota , on behalf of the . Notary Public la EXHIBIT F DEVELOPMENT AGREEMENT - WILLIAMS PLACE CONSERVATION/SCENIC EASEMENT THIS EASEMENT AGREEMENT is made this day of ,2003 by and between ., a Minnesota Company, 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 Property as described in Exhibit B, 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 "Easement 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. `43 B. Wetland buffer monuments must be placed at the boundaries of the wetland buffer strip as shown on Exhibit C. 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, LIII costs, damage and expense, including reasonable attorneys fees and costs that City incurs because of the breach of any of the above representations or warranties and/or resulting from or due to the inaccuracy or falsity of any representation or warranty herein. 4. Grantor agrees to maintain the Easement Area subject to the provisions stated herein. 5. The duration of this easement is perpetual and shall bind and inure to the benefit of the parties,their successors, and assigns. 6. Nothing contained herein shall impair any right of City now held or hereafter acquired to construct or maintain public utilities in or on the Easement Area. IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. GRANTOR CITY OF EDEN PRAIRIE Nancy Tyra-Lukens, Mayor Scott H.Neal, City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2003, 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 ,2003, by , the a Minnesota • , on behalf of the company. Notary Public ZI6 EDIT A "THE PROPERTY" The"Property" is that area of described as follows: y7 EXHIBIT B "EASEMENT AREA" Add legal description here. • LiS EXHIBIT C "EASEMENT AREA" DIAGRAM Lig LOT SPLIT SKETCH I V1 1 I N 2 r�,, ,f lair' izi u Ob b,�1�al A-rTL,.J ✓ GI c��mN�o -.L rS �� U2Qebv v) 1 —-� 1- o - 585.0y 1 I I / —o1 I 1 - a a P A -7Tr-r. n)it ,i c, r-i1-I L. Leh 1 V�— 70.00 -- I I 1 -- 1 Utilit� Eosemen! I n n� I D I/ per Qxoc. Na. I v 53J5978 I \ �) v p o I-- 15.00 o A A� n, ro 8 .56.3.40 - '— L— 778.00 r ^ ` • - �~ I P n.l 1 NE corner of.\. 1Dm I o v STORAGE I e4.sz ;i J40.00 ----I I—S89°03'5 "W 628.48 n COMPLEX ro Nl 84.99 —1 CT, �-E ly R/W line of U.S. Hwy. No. .! is J • / q, 1 oal q / 212 per Doc. No. 6526894 1 v� l� J�. ,y i 3 i PARCEL I; Srii4" A J' \ 100,693.71 sl w I r'i 13,763.17 s! oG1 1,:71" t o a "r ^, rn O ,! ,(� ✓ u :a�`f. i,--Drainage &Utility .. 4i O L ,�%`1 L• qo Easement per Plat _o� M a 1 / rn •6 • rC N89°03'56"E 475.52 I \ y J,% it 'M 0 n o4 f3 06.Vt O cn e•, % i - eO I G8)56399.94 \ O c r^ PARCEL o id \ W —� vJ Lot 1, Block 1, STORAGE COMPLEX, according (o the a."' /18,969.80 sf • /9 recorded plat thereof, Hennepin County, Minnesota. EXCEPT r�J that part lying easterly, northeosterly and southeasterly of C.B.= N59°13•47'E / I B / o ' the following described line; p = 7°18'22" q Commencing at the northeast corner of said Lot 1; thence I`o f ' R= 370.J2 i South 89 degrees OJ minutes 56 seconds West, assumed �/ 7,510.I1 sf bearing along the north line of said Lot 1. a distance of L= 47.22 — 84.99 feet to the actual point of beginning of the line to • 155.00 i' be described; thence South 00 degrees J5 minutes 03 seconds East, a distance of 52.69 feet; thence South 20 I 5.89°03'56rr{,1f{ degrees 06 minutes 00 seconds East, a distance of 181.36 Lsoufh line of feet; thence southwesterly, along a non-tongentiol curve, 'STORAGE concave to the southeast, having a radius of 348.08 feet I \ I COMPLEX feet, a central angle of 16 degrees 27 minutes 01 seconds, and on arc length of 99.94 feet, the chord of said curve bears South 63 degrees 48 minutes 06 seconds West; thence southwesterly, along a reverse curve, concave to the northwest, having a radius of 370.32 feet, o central angle of 07 degrees 18 minutes 12 seconds, and on arc distance of 47.22 feel to the westerly line of said Lot 1 and said line there terminating. PARCEL 2 Scale: 1•= 80 reef That port of Lot 1, Block 7, STORAGE COMPLEX, according to the recorded plat thereof, Hennepin County, Minnesota, lying easterly, northeasterly and southeasterly of the REOUESTED BY fallowing described line: Commencing at (he northeast corner of said Lot 1; thence South 89 degrees 03 minutes 56 seconds West, assumed The Pemtom Land Company bearing along the north line of said Lot 1, a distance of 84.99 feet to the actual point of beginning of the line to be described; thence South 00 degrees J5 minutes 03 seconds East, a distance of 52.69 feet; thence South 20 degrees 06 minutes 00 seconds East, a distance of 181.36 V Westwood Professional Services, Inc. feet; thence southwesterly, along a non-tangential curve, concave to the southeast, having a radius of 348.08 fee( 7599 Anagram Drive feet, a central angle of 16 degrees 27 minutes 01 seconds, Eden Prairie,MN 55344 and on arc length of 99.94 feet, the chord of said curve Phone:952/937-5150 Fax:952/937-5822 bears South 63 degrees 48 minutes 06 seconds West; (hence southwesterly, along o reverse curve, concave to the northwest, having a radius of 370.12 feet, a central angle of 07 degrees 18 minutes 22 seconds, and an arc distance r 47,7 G.l I. F . 1004 P.I.1.. r v,.., . .. �;VW weacwooa r'rolesnional Sees. Inc. LOT SPLIT SKETCH 2 NW corner of the N1/2 / of the SWI/4 i. I n Ir /^, Y rsI 1% iv ..-1rsi1 ' I.,. I✓ 1 ^to l- c) Oca 1``I VI- A v), O Tr'/� ✓ A 1to A 1 r,L. 4. 1.3 1 . i° ch C f o N o n O n1 I •/ v O J NE corner of the East hl north line o he South I r� ;,'' I 363 feet of West l I 180.00 / of the Ji_ 778.00 feet of the l Nsrtfi 400.00 (et af- J South 180 feet of the -, l a r the Nl/2 of the SW1/4 t h North 440 feet of the CS o l/n ->rri, n-n rr i^ 1 �C N1/2 of the 5Vv1/a \\ 1/1 66.82 /J nz.i G.. c�h f vrf_ -'"N89°03'56"E 711.20 4 `— I i 415.00 1 i i`\�.. - it l93.01 170.00 0 1 `u l >e I Utlilt Easement I^�C \ ifil ``o tel D i per oc. No. r o o o o\Q s I ,�O ,/ 5315�78 1(2, N PARCEL 1 a ,�Y ��2�0 0 o 4 I L. west line of the East •S is. :4-' O o O•O 1 i " 363 feet of West r • 97,621.J2 sf ci G NI O ( o O m ,.., 778.00 feet of the W ��` m m R- 15.00 o in V uo�0�0 CO OC D I` �_ m N1/2 of the swr/a a - O -- - 363.00 - in i -- - Z- q� o ` L f---- - .. 778.00 -S1 c) _' --E'rlyi R/W line of U.S 1-Avy. No. o p in \ l 1,,,," 212 per Doc. Na. 456Jg53 o J0,600.57 sf \ J I \ l -+ --- ��---1 340.00 -A15.00�-----t 1�I 19,301 ^ 170.00 64.52 I N89°03'56"E `, 713.49 l • -_ , . / 1 ryi - 1. ^ .\ ..south 'A v 1 south line of (he North 440.00• f•JIli' f'it„ ` feel of the N1/2 of the SW1/4 A .i' cii PARCEL 1 PARCEL 2 That port of the North 1/2 of the Southwest 1/4 of Section 2J, Township 116 North, Range 22 West of the That port of the East 363 feet of the West 778 feet Fifth Principal Meridian, Hennepin County, Minnesota, of the South f80 feet of the North 440 feet of the described os follows: Beginning of a point on the West Northwest 1/4 of the Southwest 1/4 of Section 23, line of sold quarter section distant 260 feet South of Township 116 North, Range 22 West of (he Fifth the Northwest corner thereof,; thence Easterly and Principal Meridian, Hennepin County, Minnesota. lying parallel with the North line of said quarter section a easterly of the following described line: distance of 415 feet; thence Southerly and parallel with Commencing al the northeast corner of said East J6J the West line of said quarter section a distance of 180 feet of the West 778 feet of the South 180 feet of feet; thence Westerly and parallel with the North line the North 440 feet; thence South 89 degrees 0J of said quarter section a distance of 415 feet to the minutes 56 seconds West. assumed bearing along the West line of said quarter section; thence Northerly north line of said South 180 feel of the North 440 along said West line a distance of 180 feet to the feet. a distance of 170.00 feet to the actual point of point of beginning, EXCEPT the South 80 feet of the beginning of the line to be described: thence South 00 North 440 feet of the West 340 feet thereof. ALSO: degrees J5 minutes 03 seconds Cost, a distance of The South B0 feet of the North 440 feel of the West 180.00 feet to the south line of said North 440 feet J40 feet of the Northwest 1/4 of the Southwest and there terminating. Quarter of Section 23, Township 116 North, range 22 West of the Filth Principal Meridian. Hennepin County, Minnesota. EXCEPTING therefrom the right of way of Trunk Highway 169 as now located and established. ALSO: The East 363 feet of the West 778 feet of the South 180 feet of the North 440 feel of the Northwest 1/4 of the Southwest 1/4 of Section 23, Township 116 North, Range 22 West of the Fifth Principal Meridian, Hennepin County, Minnesota, EXCEPT that port lying easterly of the following described line: Commencing at the northeast corner of said East 363 feet of the Wesf 778 feet of the South 180 feet of the North 440 feet thence South 89 degrees 03 minutes 56 seconds West. assumed bearing along the north line of said South 180 feet of the North 440 REQUESTED BY: feet, a distance of 170.00 feet to the actual point of beginning ofthe line to be described: thence South 00 O O d,r Tho Pomtom Laud Company .,.1.,.1minul4: In Pig/, d�Clh/!A 6/ 180.00 feet to the south line of said North 440 feet i and there terminating. 1 ir Westwood Professional Services, Inc. 7599 Anagram Drive Eden Prairie,MN 55344 Phone:952/937-5150 Fax:952/937-5822 51 02903 1Fatwood Prohsalco v_Sai4me-tec. LOT SPLIT SKETCH 3 I-NW Cor. of the N 7/2 e 23. /-north time of the N 1/2 / of the SW 1/4,Se / hop. 116,Rge. 22 / of the SW 1/4. See.23 r..- I _ —.�-1 — 1 - - ( I A f'`�:1 I�,v I IIn i:"I've t- I , N I •. t -585 00- -I --I L I - _ I ti I � � 1 (- ,- 600.00 I AZ i .ri L3 ' PARCEL 2 — — 15.00 70.00 --- I 1` I PARCEL 1 -�-—Centerline of U.S, Hwy. No. 212 per Doc. Nos. b I 4561665, 6526894, 4563953. 45663953& I5315978 II i tj I 1-.L -west fine of the N t/2 of the SW 1/�, See. 23 I EXISTING LEGAL DESCRIPTION: (Per Henn. Co. Parcel Data for Taxes) The South 60.00 feet of the North 260.00 feet of the West 600.00 feet of the Northwest 1/4 of the Southwest 1/4 of Section 23, Township 116, Range 22, Hennepin County, Minnesota. EXCEPTING therefrom the road; ALSO EXCEPTING therefrom the highway. • PROPOSED LEGAL DESt RIP71ON: (Parcel 1) The Eost 15.00 feet of the South 60.00 feet of the North 260.00 feet of the West 600.00 feet of the Northwest 1/4 of the Southwest 1/4 of Section 23, Township 116, Range 22, Hennepin County, Minnesota. EXCEPTING therefrom the rood;; ALSO EXCEPTING therefrom the highway. PROPOSED LEGAL DESCRIPTION,' (Parcel 2) The South 60,00 feet of the North 260.00 feet of the West 600.00 feet of the Northwest 1/4 of the Southwest 1/4 of Section 23, Township 116, Range 22, Hennepin County, Minnesota. EXCEPTING therefrom the Eost 15.00 feet of said South 60.00 feet of the North 260.00 feet of the West 600.00 feet of the North 1/2 of the Southwest 1/4 of Section 23; ALSO EXCEPTING therefrom the rood; ALSO EXCEPTING therefrom the highway. REQUESTED 81^ The Pem tom Land Company, Y Westwood Professional Services, Inc. 759 Eden Prairie,MN 55344 Phone:952/937.5150 Fax:952/937 5822 Scale: 1'-80 feet Drown by. SSJ 'Date' 3/06/03 I Job No'20001138 _ 200011J8SKFS077C 53 1 OWNERS' SUPPLEMENT TO DEVELOPMENT AGREEMENT BETWEEN PEMTOM LAND COMPANY AND THE CITY OF EDEN PRAIRIE THIS AGREEMENT,made and entered into as of March 18,2003,by and between James A. Simchuck and Sharilyn A. Simchuck,husband and wife, ("Owner"), and the CITY OF EDEN PRAIRIE ("City"): For,and in consideration of,and to induce City to adopt Resolution No. for Guide Plan Change, Resolution No. for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review and Zoning District Change from Rural to R1- 13.5 and RM-6.5, Resolution No. for Site Plan Review, and Resolution No. for Preliminary Plat, as more fully described in that certain Development Agreement entered into as of March 18, 2003, by and between Pemtom Land Company, a Minnesota corporation, and City ("Development Agreement"), Owner agrees with City as follows: 1. If Pemtom Land Company, fails to commence development in accordance with the Development Agreement and fails to obtain an occupancy permit for all of the improvements referred to in the Development Agreement within 24 months of the date of this Owners' Supplement, Owner shall not oppose the City's reconsideration and rescission of Resolution No. for Guide Plan Change, Resolution No. for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review and Zoning District Change from to , Resolution No. for Site Plan Review, and Resolution No. for Preliminary Plat, identified above,thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. 2. This Agreement shall be binding upon and enforceable against Owner, its successors, and assigns of the Property. 3. If Owner transfers this Property, Owner shall obtain an agreement from the transferee requiring that such transferee agree to all of the terms, conditions and obligations of"Developer" in the Development Agreement. Neither the Owner or transferee are required to develop the property in accordance with this Agreement, so long as Owner or transferee obtain such approvals as are required by City Code to develop the Property in a manner other than as set forth in this Agreement. IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. OWNERS CITY OF EDEN PRAIRIE James A. Simchuck Nancy Tyra-Lukens, Mayor Sharilyn A. Simchuck Scott H.Neal, City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2003,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 , 2003,by James A. Simchuck and Sharilyn A. Simchuck,husband and wife. Notary Public E IT A OWNERS SUPPLEMENT —WILLIAMS PLACE Legal Description before Final Plat Multi Family(R6.5)Zoning Legal Description That part of the North Half of the Southwest Quarter of Section 23, Township 116 North, Range 22 West,Hennepin County,Minnesota, described as follows: Commencing at the northwest corner of said North Half of the Southwest Quarter;thence South 00 degrees 35 minutes 03 seconds East, assumed bearing along the west line of said North Half of the Southwest Quarter, a distance of 823.00 feet;thence North 89 degrees 03 minutes 56 seconds East, a distance of 59.64 feet to the actual point of beginning;thence continue North 89 degrees 03 minutes 56 seconds East, a distance of 295.36 feet;thence South 00 degrees 35 minutes 03 seconds East, a distance of 24.57 feet;thence easterly, along a non-tangential curve, concave to the north,having a radius of 412.01 feet, a central angle of 26 degrees 45 minutes 49 seconds, and an arc length of 192.46 feet,the chord of said curve bears North 73 degrees 03 minutes 54 seconds East; thence North 89 degrees 03 minutes 56 seconds East,not tangent to last described curve, a distance of 155.00 feet; thence South 18 degrees 17 minutes 21 seconds West, a distance of 64.79 feet;thence South 28 degrees 07 minutes 03 seconds West,a distance of 132.19 feet;thence South 25 degrees 22 minutes 50 seconds West, a distance of 113.51 feet;thence South 13 degrees 13 minutes 33 seconds West, a distance of 114.12 feet;thence South 00 degrees 34 minutes 11 seconds East, a distance of 139.28 feet to the south line of said North Half of the Southwest Quarter; thence South 89 degrees 25 minutes 49 seconds West, along said south line, a . distance of 419.12 feet to the easterly Right of Way of U.S. Highway No. 212 per Doc.No. 4561665;thence North 21 degrees 39 minutes 19 seconds West, along said Right of Way, a distance minutes 46 seconds East, a distance of 348.87 feet to the point of beginning and there terminating. Single Family (R13.5)Zoning Legal Description That part of the North Half of the Southwest Quarter of Section 23, Township 116 North,Range 22 West,Hennepin County, Minnesota, described as follows: Commencing at the northwest corner of said North Half of the Southwest Quarter;thence North 89 degrees 03 minutes 56 seconds East, assumed bearing along the north line of said North Half of the Southwest Quarter, a distance of 585.01 feet to the actual point of beginning of the land to be described;thence continue easterly along said line, a distance 55 of 1,274.18 feet to the west line of the East 812.50 feet of said North Half of the Southwest Quarter; thence South 00 degrees 08 minutes 46 seconds West, along said west line, a distance of 1,331.99 feet to the south line of said North Half of the Southwest Quarter;thence South 89 degrees 25 minutes 49 seconds West, along said south line, a distance of 1,310.61 feet;thence North 00 degrees 34 minutes 11 seconds West, a distance of 139.28 feet;thence North 13 degrees 13 minutes 33 seconds East, a distance of 114.12 feet; thence North 25 degrees 22 minutes 50 seconds East, a distance of 113.51 feet; thence North 28 degrees 07 minutes 03 seconds East, a distance of 132.19 feet; thence North 18 degrees 17 minutes 21 seconds East, a distance of 64.79 feet; thence North 00 degrees 35 minutes 03 seconds West, a distance of 137.80 feet;thence South 73 degrees 36 minutes 21 seconds West, a distance of 23.33 feet; thence North 20 degrees 06 minutes 00 seconds West, a distance of 187.20 feet;thence North 00 degrees 35 minutes 03 seconds West, a distance of 226.59 feet; thence South 89 degrees 03 minutes 56 seconds West, a distance of 23.00 feet;thence North 00 degrees 35 minutes 03 seconds West, a distance of 260.00 feet to the point of beginning and there terminating. Legal Description after Final Plat Lots 1-24, Block 1; Lots 1-30, Block 2; Lots 1-18, Block 3; Lots 1-7, Block 4; Lots 1-5, Block 5; Outlots A, B, C, D, E, and F: Williams Place, Hennepin County OWNERS' SUPPLEMENT TO DEVELOPMENT AGREEMENT BETWEEN PEMTOM LAND COMPANY AND THE CITY OF EDEN PRAIRIE THIS AGREEMENT,made and entered into as of March 18,2003,by and between Robert K.Williams,an individual;Jeffrey M.Williams,an individual;Mary K.Williams,an individual;and Lynn E. Shea, an individual, ("Owners"), and the CITY OF EDEN PRAIRIE ("City"): For,and in consideration of,and to induce City to adopt Resolution No. for Guide Plan Change, Resolution No. for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review and Zoning District Change from to , Resolution No. for Site Plan Review, and Resolution No. for Preliminary Plat,as more fully described in that certain Development Agreement entered into as of March 18, 200, by and between Pemtom Land Company, a Minnesota corporation, and City ("Development Agreement"), Owner agrees with City as follows: 2. If Pemtom Land Company,fails to commence development in accordance with the Development Agreement and fails to obtain an occupancy permit for all of the improvements referred to in the Development Agreement within 24 months of the date of this Owners' Supplement, Owner shall not oppose the City's reconsideration and rescission of Resolution No. for Guide Plan Change,Resolution No. for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review and Zoning District Change from to , Resolution No. for Site Plan Review, and Resolution No. for Preliminary Plat, identified above,thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. 2. This Agreement shall be binding upon and enforceable against Owner, its successors, and assigns of the Property. 3. If Owner transfers this Property, Owner shall obtain an agreement from the transferee requiring that such transferee agree to all of the terms,conditions and obligations of"Developer" in the Development Agreement. Neither the Owner or transferee are required to develop the property in accordance with this Agreement, so long as Owner or transferee obtain such approvals as are required by City Code to develop the Property in a manner other than as set forth in this Agreement. 6 IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. OWNERS CITY OF EDEN PRAIRIE Robert K. Williams Nancy Tyra-Lukens, Mayor Jeffrey M. Williams Scott H.Neal, City Manager Mary K. Williams Lynn E. Shea STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2003,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 , 2003, by Robert K. Williams, an individual; Jeffrey M. Williams, an individual; Mary K. Williams, an individual; and Lynn E. Shea, an individual. Notary Public 55 EXHIBIT A OWNERS SUPPLEMENT — WILLIAMS PLACE Legal Description before Final Plat Multi Family (R6.5) Zoning Legal Description That part of the North Half of the Southwest Quarter of Section 23, Township 116 North,Range 22 West, Hennepin County, Minnesota, described as follows: Commencing at the northwest corner of said North Half of the Southwest Quarter; thence South 00 degrees 35 minutes 03 seconds East, assumed bearing along the west line of said North Half of the Southwest Quarter, a distance of 823.00 feet;thence North 89 degrees 03 minutes 56 seconds East, a distance of 59.64 feet to the actual point of beginning; thence continue North 89 degrees 03 minutes 56 seconds East, a distance of 295.36 feet; thence South 00 degrees 35 minutes 03 seconds East, a distance of 24.57 feet; thence easterly, along a non-tangential curve, concave to the north, having a radius of 412.01 feet, a central angle of 26 degrees 45 minutes 49 seconds, and an arc length of 192.46 feet,the chord of said curve bears North 73 degrees 03 minutes 54 seconds East;thence North 89 degrees 03 minutes 56 seconds East, not tangent to last described curve, a distance of 155.00 feet; thence South 18 degrees 17 minutes 21 seconds West, a distance of 64.79 feet;thence South 28 degrees 07 minutes 03 seconds West, a distance of 132.19 feet; thence South 25 degrees 22 minutes 50 seconds West, a distance of 113.51 feet;thence South 13 degrees 13 minutes 33 seconds West, a distance of 114.12 feet;thence South 00 degrees 34 minutes 11 seconds East, a distance of 139.28 feet to the south line of said North Half of the Southwest Quarter; thence South 89 degrees 25 minutes 49 seconds West, along said south line, a distance of 419.12 feet to the easterly Right of Way of U.S. Highway No. 212 per Doc.No. 4561665; thence North 21 degrees 39 minutes 19 seconds West, along said Right of Way, a distance minutes 46 seconds East, a distance of 348.87 feet to the point of beginning and there terminating. Single Family (R13.5)Zoning Legal Description That part of the North Half of the Southwest Quarter of Section 23, Township 116 North, Range 22 West, Hennepin County, Minnesota, described as follows: Commencing at the northwest corner of said North Half of the Southwest Quarter; thence North 89 degrees 03 minutes 56 seconds East, assumed bearing along the north line of said North Half of the Southwest Quarter, a distance of 585.01 feet to the actual point of beginning of the land to be described;thence continue easterly along said line, a distance of 1,274.18 feet to the west line of the East 812.50 feet of said North Half of the Southwest Quarter; thence South 00 degrees 08 minutes 46 seconds West, along said west line, a distance of 1,331.99 feet to the south line of said North Half of the Southwest Quarter; thence South 89 degrees 25 minutes 49 seconds West, along said south line, a distance of 1,310.61 feet;thence North 00 degrees 34 minutes 11 seconds West, a distance of 139.28 feet; thence North 13 degrees 13 minutes 33 seconds East, a distance of 114.12 feet;thence North 25 degrees 22 minutes 50 seconds East, a distance of 113.51 feet;thence North 28 degrees 07 minutes 03 seconds East, a distance of 132.19 feet; thence North 18 degrees 17 minutes 21 seconds East, a distance of 64.79 feet;thence North 00 degrees 35 minutes 03 seconds West, a distance of 137.80 feet;thence South 73 degrees 36 minutes 21 seconds West, a distance of 23.33 feet; thence North 20 degrees 06 minutes 00 seconds West, a distance of 187.20 feet;thence North 00 degrees 35 minutes 03 seconds West, a distance of 226.59 feet;thence South 89 degrees 03 minutes 56 seconds West, a distance of 23.00 feet; thence North 00 degrees 35 minutes 03 seconds West, a distance of 260.00 feet to the point of beginning and there terminating. Legal Description after Final Plat Lots 1-24, Block 1; Lots 1-30, Block 2; Lots 1-18, Block 3; Lots 1-7,Block 4; Lots 1-5, Block 5; Outlots A, B, C, D, E ,and F Williams Place, Hennepin County • 4 ;0 OWNERS' SUPPLEMENT TO DEVELOPMENT AGREEMENT BETWEEN PEMTOM LAND COMPANY AND THE CITY OF EDEN PRAIRIE THIS AGREEMENT,made and entered into as of March 18,2003,by and between Orville E. Hein, an individual, ("Owner"), and the CITY OF EDEN PRAIRIE ("City"): For,and in consideration of,and to induce City to adopt Resolution No. for Guide Plan Change, Resolution No. for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review and Zoning District Change from to , Resolution No. for Site Plan Review, and Resolution No. for Preliminary Plat, as more fully described in that certain Development Agreement entered into as of March 18,2003,2003,by and between Pemtom Land Company,a Minnesota corporation,and City("Development Agreement"), Owner agrees with City as follows: 3. If Pemtom Land Company, fails to commence development in accordance with the Development Agreement and fails to obtain an occupancy permit for all of the improvements referred to in the Development Agreement within 24 months of the date of this Owners' Supplement, Owner shall not oppose the City's reconsideration and rescission of Resolution No. for Guide Plan Change, Resolution No. for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review and Zoning District Change from to , Resolution No. for Site Plan Review, and Resolution No. for Preliminary Plat, identified above,thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. 2. This Agreement shall be binding upon and enforceable against Owner, its successors, and assigns of the Property. 3. If Owner transfers this Property, Owner shall obtain an agreement from the transferee requiring that such transferee agree to all of the terms, conditions and obligations of"Developer" in the Development Agreement. Neither the Owner or transferee are required to develop the property in accordance with this Agreement, so long as Owner or transferee obtain such approvals as are required by City Code to develop the Property in a manner other than as set forth in this Agreement. IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. OWNER CITY OF EDEN PRAIRIE Orville E. Hein Nancy Tyra-Lukens, Mayor Scott H.Neal, City Manager STATE OF NIINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2003,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 , 2003, by Orville E. Hein, an individual. Notary Public EXHIBIT A OWNERS SUPPLEMENT — WILLIAMS PLACE Legal Description before Final Plat Multi Family (R6.5)Zoning Legal Description That part of the North Half of the Southwest Quarter of Section 23, Township 116 North, Range 22 West, Hennepin County, Minnesota, described as follows: Commencing at the northwest corner of said North Half of the Southwest Quarter;thence South 00 degrees 35 minutes 03 seconds East, assumed bearing along the west line of said North Half of the Southwest Quarter, a distance of 823.00 feet; thence North 89 degrees 03 minutes 56 seconds East, a distance of 59.64 feet to the actual point of beginning;thence continue North 89 degrees 03 minutes 56 seconds East, a distance of 295.36 feet;thence South 00 degrees 35 minutes 03 seconds East, a distance of 24.57 feet; thence easterly, along a non-tangential curve, concave to the north, having a radius of 412.01 feet, a central angle of 26 degrees 45 minutes 49 seconds, and an arc length of 192.46 feet,the chord of said curve bears North 73 degrees 03 minutes 54 seconds East;thence North 89 degrees 03 minutes 56 seconds East, not tangent to last described curve, a distance of 155.00 feet; thence South 18 degrees 17 minutes 21 seconds West, a distance of 64.79 feet; thence South 28 degrees 07 minutes 03 seconds West, a distance of 132.19 feet;thence South 25 degrees 22 minutes 50 seconds West, a distance of 113.51 feet; thence South 13 degrees 13 minutes 33 seconds West, a distance of 114.12 feet; thence South 00 degrees 34 minutes 11 seconds East, a distance of 139.28 feet to the south line of said North Half of the Southwest Quarter; thence South 89 degrees 25 minutes 49 seconds West, along said south line, a distance of 419.12 feet to the easterly Right of Way of U.S. Highway No. 212 per Doc.No. 4561665; thence North 21 degrees 39 minutes 19 seconds West, along said Right of Way, a distance minutes 46 seconds East, a distance of 348.87 feet to the point of beginning and there terminating. Single Family (R13.5)Zoning Legal Description That part of the North Half of the Southwest Quarter of Section 23, Township 116 North, Range 22 West, Hennepin County, Minnesota, described as follows: Commencing at the northwest corner of said North Half of the Southwest Quarter;thence North 89 degrees 03 minutes 56 seconds East, assumed bearing along the north line of said North Half of the Southwest Quarter, a distance of 585.01 feet to the actual point of beginning of the land to be described; thence continue easterly along said line, a distance of 1,274.18 feet to the west line of the East 812.50 feet of said North Half of the Southwest Quarter;thence South 00 degrees 08 minutes 46 seconds West, along said west �P� line, a distance of 1,331.99 feet to the south line of said North Half of the Southwest Quarter;thence South 89 degrees 25 minutes 49 seconds West, along said south line, a distance of 1,310.61 feet;thence North 00 degrees 34 minutes 11 seconds West, a distance of 139.28 feet;thence North 13 degrees 13 minutes 33 seconds East, a distance of 114.12 feet;thence North 25 degrees 22 minutes 50 seconds East, a distance of 113.51 feet;thence North 28 degrees 07 minutes 03 seconds East,a distance of 132.19 feet; thence North 18 degrees 17 minutes 21 seconds East, a distance of 64.79 feet;thence North 00 degrees 35 minutes 03 seconds West, a distance of 137.80 feet;thence South 73 degrees 36 minutes 21 seconds West,a distance of 23.33 feet;thence North 20 degrees 06 minutes 00 seconds West, a distance of 187.20 feet;thence North 00 degrees 35 minutes • 03 seconds West, a distance of 226.59 feet;thence South 89 degrees 03 minutes 56 seconds West, a distance of 23.00 feet;thence North 00 degrees 35 minutes 03 seconds West, a distance of 260.00 feet to the point of beginning and there terminating. Legal Description after Final Plat Lots 1-24, Block 1; Lots 1-30,Block 2; Lots 1-18,Block 3; Lots 1-7, Block 4; Lots 1-5,Block 5; Outlots A,B, C,D,E,and F, Williams Place,Hennepin County t0 t OWNERS' SUPPLEMENT TO DEVELOPMENT AGREEMENT BETWEEN PEMTOM LAND COMPANY AND THE CITY OF EDEN PRAIRIE THIS AGREEMENT,made and entered into as of March 18,2002,by and between PDL Holdings,LLC, a Minnesota Limited Liability Corporation, ("Owner"),and the CITY OF EDEN PRAIRIE("City"): For,and in consideration of,and to induce City to adopt Resolution No. for Guide Plan Change, Resolution No. for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review and Zoning District Change from to , Resolution No. for Site Plan Review, and Resolution No. for Preliminary Plat,as more fully described in that certain Development Agreement entered into as of March 18, 2003, by and between Pemtom Land Company, a Minnesota corporation, and City ("Development Agreement"), Owner agrees with City as follows: 1. If Pemtom Land Company,fails to commence development in accordance with the Development Agreement and fails to obtain an occupancy permit for all of the improvements referred to in the Development Agreement within 24 months of the date of this Owners' Supplement, Owner shall not oppose the City's reconsideration and rescission of Resolution No. for Guide Plan Change, Resolution No. for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review and Zoning District Change from to , Resolution No. for Site Plan Review, and Resolution No. for Preliminary Plat, identified above,thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. 2. This Agreement shall be binding upon and enforceable against Owner, its successors, and assigns of the Property. 3. If Owner transfers this Property, Owner shall obtain an agreement from the transferee requiring that such transferee agree to all of the terms, conditions and obligations of "Developer" in the Development Agreement. Neither the Owner or transferee are required to develop the property in accordance with this Agreement, so long as Owner or transferee obtain such approvals as are required by City Code to develop the Property in a manner other than as set forth in this Agreement. 65 IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. OWNER CITY OF EDEN PRAIRIE By Its President • Nancy Tyra-Lukens, Mayor Scott H.Neal, City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2003,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 ,2003,by Peter Vant Hull,the President of PDL Holdings,LLC,a Minnesota Limited Liability Corporation, on behalf of the corporation. Notary Public g" EXHIBIT A OWNERS SUPPLEMENT WILLIAMS PLACE Legal Description before Final Plat Multi Family (R6.5)Zoning Legal Description That part of the North Half of the Southwest Quarter of Section 23, Township 116 North, Range 22 West, Hennepin County, Minnesota, described as follows: Commencing at the northwest corner of said North Half of the Southwest Quarter; thence South 00 degrees 35 minutes 03 seconds East, assumed bearing along the west line of said North Half of the Southwest Quarter, a distance of 823.00 feet; thence North 89 degrees 03 minutes 56 seconds East, a distance of 59.64 feet to the actual point of beginning; thence continue North 89 degrees 03 minutes 56 seconds East, a distance of 295.36 feet;thence South 00 degrees 35 minutes 03 seconds East, a distance of 24.57 feet;thence easterly, along a non-tangential curve, concave to the north,having a radius of 412.01 feet, a central angle of 26 degrees 45 minutes 49 seconds, and an arc length of 192.46 feet, the chord of said curve bears North 73 degrees 03 minutes 54 seconds East;thence North 89 degrees 03 minutes 56 seconds East, not tangent to last described curve, a distance of 155.00 feet; thence South 18 degrees 17 minutes 21 seconds West, a distance of 64.79 feet;thence South 28 degrees 07 minutes 03 seconds West, a distance of 132.19 feet; thence South 25 degrees 22 minutes 50 seconds West, a distance of 113.51 feet;thence South 13 degrees 13 minutes 33 seconds West, a distance of 114.12 feet; thence South 00 degrees 34 minutes 11 seconds East, a distance of 139.28 feet to the south line of said North Half of the Southwest Quarter; thence South 89 degrees 25 minutes 49 seconds West, along said south line, a distance of 419.12 feet to the easterly Right of Way of U.S. Highway No. 212 per Doc.No. 4561665; thence North 21 degrees 39 minutes 19 seconds West, along said Right of Way, a distance minutes 46 seconds East, a distance of 348.87 feet to the point of beginning and there terminating. Single Family (R13.5) Zoning Legal Description That part of the North Half of the Southwest Quarter of Section 23, Township 116 North, Range 22 West, Hennepin County, Minnesota, described as follows: Commencing at the northwest corner of said North Half of the Southwest Quarter; thence North 89 degrees 03 minutes 56 seconds East, assumed bearing along the north line of said North Half of the Southwest Quarter, a distance of 585.01 feet to the actual point of beginning of the land to be described; thence continue easterly along said line, a distance of 1,274.18 feet to the west line of the East 812.50 feet of said North Half of the Southwest Quarter; thence South 00 degrees 08 minutes 46 seconds West, along said west line, a distance of 1,331.99 feet to the south line of said North Half of the Southwest Quarter;thence South 89 degrees 25 minutes 49 seconds West, along said south line, a distance of 1,310.61 feet;thence North 00 degrees 34 minutes 11 seconds West, a distance of 139.28 feet; thence North 13 degrees 13 minutes 33 seconds East, a distance of 114.12 feet; thence North 25 degrees 22 minutes 50 seconds East, a distance of 113.51 feet; thence North 28 degrees 07 minutes 03 seconds East, a distance of 132.19 feet; thence North 18 degrees 17 minutes 21 seconds East, a distance of 64.79 feet;thence North 00 degrees 35 minutes 03 seconds West, a distance of 137.80 feet; thence South 73 degrees 36 minutes 21 seconds West, a distance of 23.33 feet; thence North 20 degrees 06 minutes 00 seconds West, a distance of 187.20 feet; thence North 00 degrees 35 minutes 03 seconds West, a distance of 226.59 feet;thence South 89 degrees 03 minutes 56 seconds West, a distance of 23.00 feet;thence North 00 degrees 35 minutes 03 seconds West, a distance of 260.00 feet to the point of beginning and there terminating. Legal Description after Final Plat Lots 1-24, Block 1; Lots 1-30, Block 2; Lots 1-18, Block 3; Lots 1-7,Block 4; Lots 1-5, Block 5; Outlots A, B, C, D, E, and F, Williams Place,Hennepin County • 6" OWNERS' SUPPLEMENT TO DEVELOPMENT AGREEMENT BETWEEN PEMTOM LAND COMPANY AND THE CITY OF EDEN PRAIRIE THIS AGREEMENT,made and entered into as of March 18,2003,by and between R.H. Williams Sales, Inc. a Minnesota corporation Corporation, ("Owner"), and the CITY OF EDEN PRAIRIE ("City"): For,and in consideration of,and to induce City to adopt Resolution No. for Guide Plan Change, Resolution No. for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review and Zoning District Change from to , Resolution No. for Site Plan Review, and Resolution No. for Preliminary Plat, as more fully described in that certain Development Agreement entered into as of March 18, 2003, by and between Pemtom Land Company, a Minnesota corporation, and City ("Development Agreement"), Owner agrees with City as follows: 1. If Pemtom Land Company, fails to commence development in accordance with the Development Agreement and fails to obtain an occupancy permit for all of the improvements referred to in the Development Agreement within 24 months of the date of this Owners' Supplement, Owner shall not oppose the City's reconsideration and rescission of Resolution No. for Guide Plan Change, Resolution No. for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review and Zoning District Change from to , Resolution No. for Site Plan Review, and Resolution No. for Preliminary Plat, identified above,thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. 2. This Agreement shall be binding upon and enforceable against Owner, its successors, and assigns of the Property. 3. If Owner transfers this Property, Owner shall obtain an agreement from the transferee requiring that such transferee agree to all of the terms, conditions and obligations of "Developer" in the Development Agreement. Neither the Owner or transferee are required to develop the property in accordance with this Agreement, so long as Owner or transferee obtain such approvals as are required by City Code to develop the Property in a manner other than as set forth in this Agreement. IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. OWNER CITY OF EDEN PRAIRIE By Nancy Tyra-Lukens, Mayor Its Scott H.Neal, City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2003,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 , 2003, by , the of R.H. Williams Sales, Inc., a Minnesota corporation, on behalf of the corporation. Notory Public EXHIBIT A OWNERS SUPPLEMENT —WILLIAMS PLACE Legal Description before Final Plat Multi Family (R6.5)Zoning Legal Description That part of the North Half of the Southwest Quarter of Section 23, Township 116 North, Range 22 West, Hennepin County, Minnesota, described as follows: Commencing at the northwest corner of said North Half of the Southwest Quarter; thence South 00 degrees 35 minutes 03 seconds East, assumed bearing along the west line of said • North Half of the Southwest Quarter, a distance of 823.00 feet; thence North 89 degrees 03 minutes 56 seconds East, a distance of 59.64 feet to the actual point of beginning; thence continue North 89 degrees 03 minutes 56 seconds East, a distance of 295.36 feet; thence South 00 degrees 35 minutes 03 seconds East, a distance of 24.57 feet;thence easterly, along a non-tangential curve, concave to the north,having a radius of 412.01 feet, a central angle of 26 degrees 45 minutes 49 seconds, and an arc length of 192.46 feet,the chord of said curve bears North 73 degrees 03 minutes 54 seconds East; thence North 89 degrees 03 minutes 56 seconds East,not tangent to last described curve, a distance of 155.00 feet; thence South 18 degrees 17 minutes 21 seconds West, a distance of 64.79 feet;thence South 28 degrees 07 minutes 03 seconds West, a distance of 132.19 feet;thence South 25 degrees 22 minutes 50 seconds West, a distance of 113.51 feet; thence South 13 degrees 13 minutes 33 seconds West, a distance of 114.12 feet; thence South 00 degrees 34 minutes 11 seconds East, a distance of 139.28 feet to the south line of said North Half of the Southwest Quarter; thence South 89 degrees 25 minutes 49 seconds West, along said south line, a distance of 419.12 feet to the easterly Right of Way of U.S. Highway No. 212 per Doc.No. 4561665; thence North 21 degrees 39 minutes 19 seconds West, along said Right of Way, a distance minutes 46 seconds East, a distance of 348.87 feet to the point of beginning and there terminating. Single Family (R13.5)Zoning Legal Description That part of the North Half of the Southwest Quarter of Section 23, Township 116 North, Range 22 West, Hennepin County, Minnesota, described as follows: Commencing at the northwest corner of said North Half of the Southwest Quarter;thence North 89 degrees 03 minutes 56 seconds East, assumed bearing along the north line of said North Half of the Southwest Quarter, a distance of 585.01 feet to the actual point of beginning of the land to be described; thence continue easterly along said line, a distance of 1,274.18 feet to the west line of the East 812.50 feet of said North Half of the Southwest Quarter; thence South 00 degrees 08 minutes 46 seconds West, along said west line, a distance of 1,331.99 feet to the south line of said North Half of the Southwest Quarter; thence South 89 degrees 25 minutes 49 seconds West, along said south line, a distance of 1,310.61 feet;thence North 00 degrees 34 minutes 11 seconds West, a distance of 139.28 feet; thence North 13 degrees 13 minutes 33 seconds East, a distance of 114.12 feet;thence North 25 degrees 22 minutes 50 seconds East, a distance of 113.51 feet; thence North 28 degrees 07 minutes 03 seconds East, a distance of 132.19 feet; thence North 18 degrees 17 minutes 21 seconds East, a distance of 64.79 feet;thence North 00 degrees 35 minutes 03 seconds West, a distance of 137.80 feet; thence South 73 degrees 36 minutes 21 seconds West, a distance of 23.33 feet; thence North 20 degrees 06 minutes 00 seconds West, a distance of 187.20 feet;thence North 00 degrees 35 minutes 03 seconds West, a distance of 226.59 feet; thence South 89 degrees 03 minutes 56 seconds West,a distance of 23.00 feet;thence North 00 degrees 35 minutes 03 seconds • West, a distance of 260.00 feet to the point of beginning and there terminating. Legal Description after Final Plat Lots 1-24, Block 1; Lots 1-30, Block 2; Lots 1-18, Block 3; Lots 1-7, Block 4; Lots 1-5, Block 5; Outlots A, B, C,D,E, and F, Williams Place, Hennepin County CITY COUNCIL AGENDA DATE: 03/18/03 SECTION: Consent Agenda DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Management and Budget/Planning Donald R. Uram Meyer Estates ' Danette M. Moore Requested Action Move to: • Approve the Developer's Agreement for Meyer Estates Synopsis This project is a preliminary plat of 1.15 acres into two single-family lots located at 16519 Pioneer Trail. Attachments 1. Developer's Agreement 7,3 DEVELOPMENT AGREEMENT MEYER ESTATES THIS AGREEMENT is entered into as of ,2003,by Larry J.;and Judith K. Meyer,husband and wife,hereinafter referred to as"Developer,"its successors and assigns,and the CITY OF EDEN PRAIRIE,a municipal corporation,hereinafter referred to as "City": WITNESSETH: WHEREAS,Developer has applied to City for a Preliminary Plat of 1.15 acres into 2 lots,legally described on Exhibit A(the"Property"); NOW,THEREFORE,in consideration of the City adopting Resolution No.2003- 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 stamp dated ,2003,reviewed and approved by the City Council on February 18,2003, (hereinafter the "Plans") and identified on Exhibit B, subject to such changes and modifications as provided herein. 2. EXHIBIT C: Developer agrees to the terms, covenants, agreements, and conditions set forth in Exhibit C. 3. DEVELOPER'S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a violation of City Code relating to use of the Land construction thereon or failure to fulfill an obligation imposed upon the Developer pursuant to this Agreement,City 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 /7Li 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. 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. Erosion control plan. F. Detailed grading and erosion control plan. G. All site and grading operations shall conform to the City's Erosion Control Policy labeled Exhibit D, attached hereto and made part hereof. 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. 6. 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. 7. SPECIAL ASSESSMENT AGREEMENT: Prior to the release of a final plat for any portion of the Property, Developer shall to sign an assessment agreement, in the form and substance as attached in Exhibit E,with the City for Trunk Sewer and Water Assessments (Trunk Improvements)on an assessable acreage of 1.15 acres in the amount of$5,632.50 and for connection fees for Lots 1 and 2 of the property in the amount of$27,050.00. 8. TREE LOSS-TREE REPLACEMENT: There are 14 diameter inches of significant trees on the Property. Tree loss related to development on the Property is calculated at 14 diameter inches. Tree replacement required is 19 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 19 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. 9. PRIVATE UTILITIES CONSTRUCTION AND MAINTENANCE AGREEMENT: Prior to release of the final plat for the Property, a private construction and maintenance agreement must be submitted to the City Engineer for review and approval for the proposed private sanitary sewer and water services shown serving the Property constructed within public drainage and utility easements over portions of Lots 2 and 3, Block 1, Riley Creek Ridge and a portion of the 33' right of way dedicated in the plat of Eden Heights, Hennepin County. The construction and maintenance agreement shall address construction and maintenance of the services. All of these facilities shall be privately owned and maintained by the Owner of Lots 1 and 2, Block 1, of the Property. 10. PERMIT FOR CONNECTION TO PUBLIC UTILITES: Prior to connection of the private services to the public sewer and water of Lot 2 of the Property utilities of Lot 2 of the Property or issuance of a building permit for Lot 1 of the Property,whichever occurs first,a permit for connection to the public mains within Shetland Road must be obtained from the Engineering Division. 11. HOOK UP TO PUBLIC UTILITIES: Concurrent with issuance of a building permit for Lot 1, Block 1 of the Property, Developer shall connect to public sanitary sewer and water main as depicted on the Plans. Developer further agrees that at such time as any of the existing private utilities for the existing house located on Lot 2, Block 1 of the Property, substantially fails or is in need of substantial repairs, as determined by the City Engineer, Developer shall connect this house to public utilities, and the existing well and septic systems shall be abandoned and sealed in accordance with City Code requirements. 7 IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. DEVELOPER/OWNER CITY OF EDEN PRAIRIE By Larry J. Meyer Nancy Tyra-Lukens,Mayor By Judith K. Meyer Scott H. Neal, City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2003, 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 , 2003,by Larry J. and Judith K. Meyer, husband and wife. Notary Public 7-7 EXHIBIT A DEVELOPMENT AGREEMENT—MEYER ESTATES Legal Description Before Final Plat The South 300 feet of Lot 9, Block 1,Eden Heights,Hennepin County, MN. Legal Description After Final Plat Lot 1 and 2,Block 1, MEYER ESTATES,Hennepin County,MN. EXHIBIT B DEVELOPMENT AGREEMENT - MEYER ESTATES PLANS LIST OF MATERIALS 1. Project Narrative dated December 26, 2002 by Larry Meyer 2. Preliminary Plat, Grading,Drainage,Tree Inventory and Preservation Plan dated February 3, 2003,by Advance Surveying&Engineering Co. EXHIBIT C DEVELOPMENT AGREEMENT - MEYER ESTATES 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 $2,500 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 Rezoning, Site Plan Review, and/or Guide Plan review 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: (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 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 that, in the event that Developer violates, or fails, or refuses to perform any covenant, II 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. XIII. 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. EXHIBIT D DEVELOPMENT AGREEMENT -MEYER ESTATES EROSION CONTROL POLICY - AUGUST 1, 1997 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. 3 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 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: Applicant's Signature DEVELOPMENT NAME: Lot: Block: OWNER INFORMATION OWNER(PRINT): ADDRESS CITY STATE ZIP EDIT E DEVELOPMENT AGREEMENT - MEYER ESTATES 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 water mains, wells and elevated storage facilities (all of which is hereafter referred to as the "Trunk 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. (a). The Property will be assessed for Trunk Improvements on acres for an amount of$ 2. The City's assessment records for the Property will show the assessments as a "pending assessment"until levied. 3. 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. 4. The Owner concurs that the benefit to the Property by virtue of 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 `65 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. 5. 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 anticipates levying the Trunk Assessments in 2003. 6. This agreement shall be effective immediately. GRANTOR CITY OF EDEN PRAIRIE A Owner A Minnesota Municipal Corporation By: By: Larry J. Meyer Nancy Tyra-Lukens, Mayor By : By: Judith K. Meyer 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 Annette D. Kaufman, an individual. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie Engineering Division 8080 Mitchell Road Eden Prairie, MN 55344 CITY COUNCIL AGENDA DATE: 03/18/03 SECTION: Consent Agenda DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Management/Budget/Planning Donald R. Uram Eden Prairie Center 10th Addition V I ,C Michael D. Franzen Requested Action Move to: • Approve 2nd Reading of the Ordinance for PUD District Review with waivers and Zoning District Amendment in the C-Reg Zoning District Synopsis The subdivision creates a separate lot for Von Maur and a separate lot for the mall including the theaters, bookstore and restaurants. The project requires waivers for lot size, parking setback, and building setback. These waivers are similar to those previously granted to Sears, Target, Kohls, and Mervyns. A developer agreement is not necessary. The waivers are listed on the attached ordinance. Attachments 1. Ordinance for PUD District Review and Zoning Amendment EDEN PRAIRIE CENTER 10TH ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 4-2003-PUD-2-2003 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, NIINNESOTA, AMENDING CERTAIN LAND WITHIN A ZONING DISTRICT, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land")is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be amended within the C-Regional Zoning District 4-2003-PUD-2-2003 (hereinafter "PUD-2-2003-C-Reg). Section 3. The City Council hereby makes the following findings: A. PUD-2-2003-C-Reg is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-2-2003-C-Reg is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-2-2003-C-Reg are justified by the design of the development described therein. • Lot size from 50 acres to 35.3 acres (Lot 1) and 6.07 acres (Lot 2) • Zero lot line setback to parking both lots • Zero lot line setback for parking structure Lot 1 and Lot 2 • Eden Prairie Center Lot 1 side yard building setback from 80 feet to 40 feet • Eden Prairie Center Lot 1 rear yard building setback from 80 feet to 0 feet • Eden Prairie Center Lot 1 front yard setback from 80 feet to 0 feet • Von Maur Lot 2 side yard building setback from 80 feet to 0 feet • Von Maur Lot 2 rear yard building setback from 80 feet to 0 feet D. PUD-2-2003-C-Reg is of sufficient size, composition, and arrangement that its construction, marketing, and operation is feasible as a complete unit without dependence upon any subsequent unit. Section 4. The proposal is hereby adopted and the land shall be, and hereby is amended within the C-Regional District and shall be included hereafter in the Planned Unit Development 2-2003-C-Reg, and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 5. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "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 21st day of January, 2003, 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 March, 2003. ATTEST: Kathleen A. Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on . 90 EXHIBIT A PUD Legal Description — Eden Prairie Center 10th Addition Lot 2,Block 1,Eden Prairie Center 8th Addition • 9I EDEN PRAIRIE CENTER 10TH ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO. 4-2003-PUD-2-2003 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 Eden Prairie Mall within the C-Regional 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.) 9 D, CITY COUNCIL AGENDA DATE: March 18,2003 SECTION: Consent Calendar DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Public Works Final Plat Approval of Eden Prairie Center 10th Engineering Services Addition ,I), Randy Slick/ Eugene A. Dietz Requested Action Move to: Adopt the resolution approving the final plat of Eden Prairie Center 10th Addition. Synopsis This proposal is located at the Eden Prairie Center. The plat consists of 41.3 acres to be divided into two lots. This subdivision creates a separate lot for Von Maur and a separate lot for the mall including the theaters, bookstore and restaurants. This is a replat of Eden Prairie Center 9th Addition. Background Information The preliminary plat was approved by the City Council January 21, 2003. Second Reading of the Rezoning Ordinance is scheduled on March 18, 2003. Approval of the final plat is subject to the following conditions: • Receipt of engineering fee in the amount of$4,749.50. • 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 I3 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF EDEN PRAIRIE CENTER 10TH ADDITION WHEREAS, the plat of Eden Prairie Center 10th 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 Eden Prairie Center 10th Addition is approved upon compliance with the recommendation of the City Engineer's report on this plat dated March 18,2003. B. That the City Clerk is hereby directed to supply a certified copy of this resolution to the owners and subdividers of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. • ADOPTED by the Eden Prairie City Council on March 18,2003. Nancy Tyra-Lukens,Mayor ATTEST: SEAL • Kathleen A.Porta, City Clerk I/-1 1 I L•' , h 1 ii 1 ii5�' w � —_— • r1 41 4. 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J✓• i a N... / G� I I I I I I l C:7•6 CITY COUNCIL AGENDA DATE: SECTION: ORDINANCES AND RESOLUTIONS March 18,2003 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Fire Department Second Reading of an Ordinance Amending City Fire Chief George Esbensen Code Section 9.05,Relating to Fireworks [ .E • Requested Action Move to: Approve the second reading of the Ordinance amending City Code Chapter 9,relating to fireworks and adopt Resolution approving summary Ordinance for publication. Synopsis The City Council approved the first reading of this ordinance at its March 4, 2003 meeting. The City Code is being amended to provide the ability to safely regulate the display, sale and storage of fireworks. The proposed ordinance is consistent with accepted national standards. Background Prior to 2002 fireworks of any kind had not been legal in Minnesota. Last year the State of Minnesota legalized certain fireworks products. The proposed ordinance will facilitate the ability to control the display, sale and storage of these potentially dangerous fire and explosion producing products. In conjunction with the permit a complete fire inspection of the requesting site will be performed to insure the proper level of fire protection and suppression systems are in place. Attachments Ordinance CITY OF EDEN PRAIRIE HENNEPIN COUNTY,NIINNESOTA ORDINANCE NO. -2003 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 9 BY AMENDING SECTION 9.05 RELATING TO THE UNIFORM FIRE CODE AND OTHER FIRE REGULATIONS; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 9.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNSEL OF THE CITY OF EDEN PRAIRIE,MINNESOTA ORDAINS: Section 1. City Code Section 9.05, subd. 6, is amended to add a new subpart (B) and renumber existing subparts (B)through(I) as (C)through (J) as follows: B. Amendment to Section 105.8.f.2 - FIREWORKS 1. Section 105.8.f.2 Fireworks shall read as follows: To store for sale or sell illegal fireworks Section 2. City Code Section 9.05, subd. 6, is amended to add subpart(K) as follows: K. Amendments to Article 78 - FIREWORKS AND PYROTECHNIC EFFECTS MATERIAL 1. Section 7801.3.1.1 Manufacturing shall read as follows: The manufacturing of fireworks is prohibited within the boundaries of the City. 2. Section 7801.3.1.3 Storage for Sale and Sale of Legal Consumer Fireworks shall be added and read as follows: A permit is required to store for sale or sell fireworks. See.Section 105.8.f.2. 3. Section 7802.3 Prohibition shall read as follows: The storage, use and handling of fireworks are prohibited except in the following situations: (1) The storage and handling of fireworks is allowed in accordance with Article 77, State law, and Section 7802.5; and I3 (2)The use of fireworks for display is allowed as set forth in Section 7802.4. 4. Section 7802.5 Storage for Sale and Sales of Legal Consumer Fireworks shall be added and read as follows: All buildings used for the storage for sale or sale of fireworks shall comply with the applicable requirements of the Minnesota Uniform Building Code for means of egress and the following: 1. Buildings used for the storage and sale of fireworks shall be permanent,non-residential, one story,with no basement, and equipped with a fire sprinkler system. 2. All exit doors shall open outward and be clearly marked with internally illuminated exit signs. Doors shall be equipped with panic hardware or unlocked during operations. 3. Any storage of fireworks in a multi-tenant building shall be stored in a room or area used exclusively for the storage of fireworks. The interior walls of such room shall have a minimum fire resistance rating of 1 hour with doors having a minimum fire resistance rating of 45 minutes. 4. The maximum quantity of fireworks in storage shall not exceed 500 pounds gross weight. The maximum quantity on display shall not exceed 100 pounds gross weight. Section 3. 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 though repeated verbatim herein. Section 4. 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 4th day of March, 2003, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of , 2003. Kathleen Porta, City Clerk Nancy Tyra-Lukens,Mayor PUBLISHED in the Eden Prairie Sun Current on the day of , 2003. I9 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2003- A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. 5-2003 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 5-2003 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie held on the 18th day of March, 2003. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, THAT THE CITY COUNCIL FINDS, DETERMINES, AND ORDERS AS FOLLOWS: A. Ordinance No. 5-2003 is lengthy and/or contains charts. B. The text of the summary of Ordinance No. 5-2003, attached hereto as Exhibit A, conforms to M.S. § 331A.01, Subd. 10, and is approved, and publication of the title and summary of the Ordinance will clearly inform the public of the intent and effect of the Ordinance. C. The title and summary shall be published once in the Eden Prairie Sun Current in a body type no smaller than brevier or eight-point type. D. A printed copy of the Ordinance shall be made available for inspection by any person, during regular office hours, at the office of the City Clerk, and a copy of the entire text of the Ordinance shall be posted in the City offices. E. Ordinance No. 5-2003 shall be recorded in the Ordinance Book, along with proof of publication,within twenty(20) days after said publication. ADOPTED by the City Council on March 18, 2003. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen Porta, City Clerk ! d� CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO.5-2003 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 9 BY AMENDED SECTION 9.05 RELATING TO THE UNIFORM FIRE CODE AND OTHER FIRE REGULATIONS; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 9.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. The following is only a summary of Ordinance No. 5-2003. The full text is available for public inspection by any person during regular office hours at the office of the City Clerk. The purpose of the amendment and the new section is to bring the City in compliance with upcoming fire regulations regarding the storage and sale of legal consumer fireworks. The Ordinance amends City Code Section 9.05, subdivision 6, relating to fireworks and pyrotechnic effects material. The Ordinance adds a prohibition on the manufacturing of fireworks within the boundaries of the City and a licensing requirement for both the storage and sale of legal consumer fireworks. In addition, the Ordinance adds a section establishing building standards for areas in which consumer fireworks will be stored. The Ordinance incorporates,by reference, City Code Chapter 1 and City Code Section 9.99, which contain definitions and provisions relating to penalties. Effective Date. This Ordinance shall take effect upon publication ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens,Mayor PUBLISHED in the Eden Prairie Sun Current on . I/O' • CITY COUNCIL AGENDA DATE: March 18,2003 SECTION: Consent Calendar SERVICE AREA/DIVISION: TI'EM DESCRIPTION: LC. 03-5596 ITEM NO.: Engineering Division Award Contract for 2003 Street Sweeping F Mary Krause Eugene A. Dietz Requested Action Move to: Award contract for 2003 Street Sweeping to ASTECH Corp. in the amount of $39,600.00. Synopsis Sealed bids were received Thursday, March 6, 2003 for the 2003 Street Sweeping. Five bids were received as follows: ASTECH Corp. $39,600.00 Pearson Brothers $39,700.00 Allied Blacktop,Inc. $40,110.00 Reliakor Services $40,200.00 Magnum Company $50,700.00 Background Information The schedule for street sweeping in the project specifications indicates a start date of April 7, 2003. This early cleaning of the streets prevents sand and debris that has accumulated from the winter snow removal operations from entering into the City's wetlands, creeks and lakes. Sweeping of the streets takes approximately 8-10 working days. Funding for the sweeping comes from the Storm Water Utility. Staff recommends award to ASTECH Corporation. /aa CITY COUNCIL AGENDA DATE: March 18,2003 SECTION: Consent Calendar DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C.98-5471 ITEM NO.: Engineering Services Resolution Declaring Costs to be Assessed, Jim Richardson Ordering Preparation of 2003 Special Yr G Eugene A. Dietz Assessment Rolls, and Set Public Hearing Date Requested Action Move to: Adopt resolution declaring costs to be assessed, ordering preparation of 2003 special assessment rolls and setting public hearing date on April 15 2003, for I.C. 98-5471, Hillcrest/Alpine neighborhood street and storm sewer improvements. Synopsis The public hearing for street and storm sewer improvements is scheduled in accordance with the project schedule included in the Feasibility Study adopted by City Council on August 20, 2002. The proposed amount to be assessed is based on bids received March 6, 2003, and is approximately 16 percent lower than the Feasibility Study estimate. Background Information The plans and specifications were approved by City Council on February 4, 2003. As proposed in the Feasibility Study, the final assessment hearing for street and utility improvements will be held on April 15, 2003 after bids are received, but prior to the award of the construction contract. This hearing is for residential properties being assessed a portion of the cost of residential street improvements in accordance with the Feasibility Study. Attachments Resolution Exhibit A JO3 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERED PREPARATION OF 2003 SPECIAL ASSESSMENT ROLLS AND SETTING HEARING DATE I.C. 98-5471 HILLCREST/ALPINE NEIGHBORHOOD STREET AND UTILITY IMPROVEMENTS WHEREAS, a feasibility study has been prepared for the following listed improvements and the total project cost, including expenses incurred, or to be incurred and the City's share, exclusive of that assignable to City Property, are established as shown on the attached Exhibit A. NOW,'THEREFORE,BE IT RESOLVED by the Eden Prairie City Council: 1. The cost of such improvements to be specially assessed are hereby declared to be those as set forth in Exhibit A. • 2. The City Clerk with the assistance of the City Engineer shall forthwith calculate the proper amount to be assessed for each improvement against every assessable lot, piece or parcel of land within the district affected without regard to cash valuation, as provided by law, and he shall file a copy of such proposed assessment in the office of the City Engineer for public inspection. 3. A hearing shall be held on the 15th day of April,2003,in the Eden Prairie City Hall, 8080 Mitchell Road, at 7:00 p.m. to pass upon such proposed assessments and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessments. 4. The City Clerk is hereby directed to cause.a notice of the hearing on the proposed assessments to be published once in the official newspaper at least two weeks prior to the hearing. He shall also cause mailed notice to be given to the owner of record of each parcel described in the assessment roll not less than two weeks prior to the hearing. ADOPTED by the City Council of the City of Eden Prairie on March 18,2003. Nancy Tyra-Lukens,Mayor ATTEST: SEAL Kathleen A.Porta,City Clerk 1014 EXHIBIT A 2003 SPECIAL ASSESSMENTS PROJECTS Total Cost City Funds Amt to be Assessed IC 98-5471 Hillcrest/Alpine Neighborhood Street 1,445,658.00 825,332..00 620,326.00 and Utility Improvements • • 105 CITY COUNCIL AGENDA DATE: March 18, 2003 SECTION: Consent Calendar DEPARTMENT/DIVISION: ITEM DESCRIPTION: Approve Bids for ITEM NO: Parks and Recreation Staring Lake Sliding Hill Through: Robert A. Lambert • tT Director From: Stuart A. Fox,Manager of Parks and Natural Resources Requested Action Motion Move to authorize the Sliding Hill Grading Improvements at Staring Lake Park by DMJ Corporation for the quoted amount of$21,317. Synopsis The 2002 Parks budget included money for regrading the sliding hill at Staring Lake Park. The engineer's estimate for project was about $15,800, and quotes were received from three contractors last July. However, since the quotes were significantly over the projected cost as well as the amount set aside in the budget, staff recommended postponing the bids until this February to see if we could get a lower bid on the project. Quotes were received from the following contractors: • DMJ Corporation $21,317.00 • Eureka Construction No Bid • GL Contracting $21,845.10 • Ingram Excavating $21,370.00 • Kober Excavating $21,546.50 Background Staff recommends regrading of the sliding hill due to formation of moguls and the pronounced side slope that directs sliders into a safety fence on the east side of the hill. The project is designed to lessen the mogul producing area of the hill and to create a uniform slope, which will make the hill more enjoyable for all those who slide there. 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MESH,.6Ef.eC . 011 ` i 'I\pOiL14 .;° 4411/4‘ . .......----r4•-- : rff: 141k-1‘‘kl I IIILV:"P 1 \I\* .. N dlikAtilteA 414.1*Iii \ \ lr . 4 111 -ftr`r� \ .41Attil . ����t.........:.1.- ������� MESH FENCE go . 1011 ,4 • .1 top of ,/ g 0 -- 9 9 ` hill ROPE & -\m--� North 4, To park bldg. ,L , /oZ" CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar March 18,2003 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Don Uram,Director of Declaration of Surplus Computer Equipment and Management& Budget Authorization for Disposal ..rt J 1 Requested Action Move to: Declare obsolete computer equipment as surplus and authorize the City Manager to dispose of property as authorized under the City Code Section 2.86, Subd. 3. Synopsis The City has a surplus of obsolete computer equipment which is no longer in use. This equipment will be disposed of as authorized by City Code Section 2.86, Subd. 3. Attachment List of surplus equipment IDq Recycle Equipment List - March, 2003 Computers Monitors Item CPU RAM HDD Size Count 1 286 16 200 14" 28 2 286 8 200 15" 4 3 386 8 200 19" 2 4 60 16 1000 5 75 32 4000 6 75 32 4000 Keyboards 7 133 32 800 44 8 133 32 4000 9 133 32 4000 Mice 10 133 32 4000 24 11 166 32 4000 12 166 32 4000 Printers 13 166 32 3000 Item Type 14 166 32 3000 1 Star NX 1000 II 15 166 32 3000 2 Orbacom TDM 150 16 200 32 4000 3 Okidata ML 182 17 200 64 6000 4 Epson FX-86e 18 200 32 3000 5 Epson LX-810 19 200 32 3000 6 Fargo Persona 20 200 32 3000 7 LaserJet III 21 200 32 3000 8 Citizen GSX-190 22 200 32 3000 9 Epson FX-850 23 200 32 3000 10 HP LaserJet III 24 200 32 3000 25 200 32 3000 Copier 26 200 32 4000 Item Type 27 200 32 4000 1 Ricoh FT3320 28 200 32 4000 29 200 32 4000 Miscellaneous 30 233 64 6000 Item Type 31 233 64 6000 1 (1)APC UPS 32 233 64 6000 2 (2) HP Colorado Tape Drive 33 233 32 4000 3 (1) Laptop Battery 34 233 32 4000 4 (1) Hayes 2400 Modem 35 233 32 4000 5 (7)Speakers 36 233 32 4000 6 (4)CDROM Drives 37 233 32 4000 7 (2) Floppy Drives 38 333 32 4000 8 (3) Generic Hubs 39 333 32 4000 9 (4) Scanners 40 333 32 6000 10 (25) RAM Modules 41 333 32 6000 11 (23) Misc PCI Cards 42 333 32 6000 12 43 333 32 6000 13 44 333 32 6000 14 1/O CITY COUNCIL AGENDA DATE: March 18,2003 SECTION: Consent Calendar DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Management and Budget Contract for Access to Hennepin County �— T. Lisa Wu,IT Manager Computerized Information Don Uram,Director Requested Action Move to: Approval of contract for access to Hennepin County's Computerized Information. Synopsis Hennepin County has provided data access to their computerized information system. The City of Eden Prairie currently has access to the following information: 1. Property Information System 2. Document Recording/Imaging System 3. Subject-In-Process System 4. Photo Image System Background Information Hennepin County has revised the contract used for access to the computerized information. Although the City of Eden Prairie has access to some computerized information on the Hennepin County computer, a contract for this service was never signed. Attachment Agreement with Hennepin County 111 Contract No. A021006 AGREEMENT THIS AGREEMENT, made and entered into between the COUNTY OF HENNEPIN, a political subdivision of the State of Minnesota, hereinafter referred to as "COUNTY' and City of Eden Prairie, 8080 Mitchell Road, Eden Prairie, MN 55344-2299, hereinafter referred to as "SUBSCRIBER"; WITNESSETH: NOW, THEREFORE, the parties hereto agree as follows: A. The COUNTY shall allow the SUBSCRIBER file inquiry access to certain information contained in COUNTY computerized data files through SUBSCRIBER owned computer equipment operating in conjunction with the COUNTY computer system. 1. The SUBSCRIBER shall be solely responsible for selecting obtaining, installing, maintaining, repairing, modifying and/or replacing any equipment used to access or attempt to access the computer system. At SUBSCRIBER's request, the COUNTY will furnish information concerning equipment the COUNTY believes to be compatible for requested access. 2. The SUBSCRIBER agrees to install and maintain and keep up to date virus protection software and firewall technology on each personal computer or device being connected to the COUNTY's network. The SUBSCRIBER agrees to upgrade virus protection software and firewall technology to keep at the most current version. The SUBSCRIBER agrees to be responsible for any and all damages caused as a result of unauthorized access through the SUBSCRIBER's equipment and for any virus being transmitted to COUNTY computer systems. 3. During the term of this agreement, the technical aspects of connections may change which may require change or action by SUBSCRIBER. SUBSCRIBER will receive notice of any required changes and will be expected to comply within the specified timeframe indicated in the notice. Unless absolutely necessary, specified timeframe should not be less than 30 days. 4. SUBSCRIBER agrees to protect and keep private and secure, any access passwords given to SUBSCRIBER, and to not release passwords to any unauthorized individual. The SUBSCRIBER agrees to be responsible for any and all damages caused as a result of unauthorized use of the access password(s) by any authorized or unauthorized individual. B. The COUNTY shall set forth costs, billing information and type(s) of information which the COUNTY will permit the SUBSCRIBER to access in Exhibit A, attached hereto and made a part hereof by this reference. SUBSCRIBER shall be responsible for the payment of any and all file inquiry fees, connection charges, telephone line or frame relay charges where appropriate, and any related installation/de-installation charges. SUBSCRIBER will be billed by the COUNTY on a monthly basis and may be billed separately by the telephone company for the telephone or frame relay charges. Payment shall be made by SUBSCRIBER within thirty (30) days after receipt of each said bill. Connection and telephone or frame relay charges shall be payable whether or not SUBSCRIBER has accessed the information during any month SUBSCRIBER is permitted to access such information. IT Form Contract Rev.Nov.2002 ,r ii; C. It is understood and agreed that if it is determined by the COUNTY that it is necessary to allocate time and capacity utilization of the computer system in order to carry out COUNTY activities properly, the COUNTY may reduce or discontinue service for such length of time as the COUNTY may deem appropriate. The COUNTY, in good faith, shall endeavor to notify the SUBSCRIBER prior to any such service interruption whenever the COUNTY shall determine the pertinent circumstances reasonably permit such notification. D. The hours of service furnished hereunder are subject to the provisions of paragraph D and generally limited to the business hours observed by the COUNTY at the Hennepin County Government Center and, therefore, will be observed as follows: 1. Monday through Friday- 8:00 a.m. to 5:00 p.m. 2. Service will not be available on holidays or other time off observed by the COUNTY. 3. The COUNTY reserves the right to change said business hours and shall give written notice to SUBSCRIBER of any such change. Access to this service may also be available (at the COUNTY's sole discretion) at times beyond normal business hours. E. 1. The COUNTY does not warrant or guarantee the performance of the main computer system, the telephone lines and/or cabling, or any software and/or equipment in connection or in association with any or all of the foregoing, nor does the COUNTY warrant or guarantee any programming utilized in any of the above. Further, the COUNTY shall have no obligation or liability whatsoever concerning any aspect of the telephone line or frame relay lines. It is specifically understood by the SUBSCRIBER that changes and adjustments are made in the official records from time to time which may be in process at any given time; and, under the circumstances, the information received by the SUBSCRIBER will be subject to such changes and adjustments. Accordingly, errors or omissions may occur in the data received on or through the pertinent equipment utilized by or servicing the SUBSCRIBER. Further, the SUBSCRIBER specifically understands and agrees that the service furnished under this Agreement is subject to the temporary or permanent inability of the COUNTY to furnish either and also is subject to errors, omissions, damages, reductions, discontinuances, malfunctions, inoperativeness, scheduled downtimes, delays or interruptions which may be due to any one or a combination of a wide spectrum of causes. While the COUNTY shall endeavor in good faith to maintain a high degree of accuracy and efficiency in the services provided hereunder, the sole and exclusive remedy for any breach of this Agreement by the COUNTY and for COUNTY liability of any kind whatsoever, including but not limited to liability for nonperformance or any deficiencies with respect to said services, shall be limited to restoring the services and/or any deficiency in said service as is reasonably possible under the pertinent circumstances. SUBSCRIBER fully understands and agrees that the COUNTY may change, modify and/or replace said computer system and any components thereof including, without limitation, any related equipment, software, wiring and/or cabling, and that, incidental thereto, any such change, etc. could possibly extinguish or impair the compatibility between SUBSCRIBER's equipment and said computer system, thus necessitating, perhaps, the replacement of, changes to, and/or modification of SUBSCRIBER's equipment to access said computer system; and that in any such event the COUNTY will in no manner be liable for the costs and/or damages which are sustained by SUBSCRIBER and which are, in any respect, associated, directly or indirectly, with any or all of the foregoing occurrences but that SUBSCRIBER shall bear the full costs thereof. In no event shall the COUNTY be liable for actual, direct, indirect, special, incidental, consequential damages (even if the COUNTY has IT Form Contract Rev.Nov.2002 13 been advised of the possibility of such damage)or loss of profit, loss of business or any other financial loss or any other damages. 2. Supplemental to and in no manner in limitation of the foregoing the following is set forth: The information furnished and to be furnished has been and shall be obtained from the COUNTY'S records and is believed to be reliable. But the accuracy, completeness, timeliness or correct sequencing of the information is not guaranteed by COUNTY. There may be delays, interruptions, omissions or inaccuracies in the receipt of the information. The SUBSCRIBER agrees that the COUNTY shall have no liability, contingent or otherwise, for the accuracy, completeness, timeliness or correct sequencing of the data, or for any decision made or action taken by SUBSCRIBER in reliance upon the data. THERE IS NO WARRANTY OF MERCHANTABILITY, NO WARRANTY OF FITNESS FOR PARTICULAR USE, AND NO OTHER WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE INFORMATION OR ANY ASPECT OF THE SERVICE. F. 1. During the contract period, the COUNTY may change any portion of the monthly charges, provided that a thirty (30) day written notice be given to the SUBSCRIBER prior to the effective date of the change. Any such change will appear on the appropriate monthly billing, except that any telephone line or frame relay charge change shall not require written notice but shall be effective immediately and shall be payable when included in the monthly billing presented to SUBSCRIBER as provided herein. Additional connections and accesses to information may be requested in writing at any time. If access is authorized, the appropriate description and charges will be outlined in an Exhibit bearing an exhibit letter in proper sequence to Exhibit A, and be attached to and made part of this agreement. 2. This Agreement shall commence on the date of its approval by the COUNTY and remain in effect until cancelled by either party. Rates charged for this service are reviewed annually by the COUNTY and rate changes take effect January 1st of each year. Notice of any rate changes affecting this service will be sent out along with a revised exhibit 30 days prior to the effective date. These rate changes will take effect on the first of January. 3. This Agreement may be cancelled with or without cause by either party giving 30 days prior written notice thereof to the other party. G. SUBSCRIBER agrees that during the term of this Agreement, in addition to the fees/charges provided herein to be paid, it will promptly pay all taxes, assessments and other governmental charges, if any, levied or assessed upon the services furnished hereunder to SUBSCRIBER, and SUBSCRIBER will promptly pay or reimburse the COUNTY for all taxes levied or assessed against and paid by the COUNTY on account of its furnishing services to SUBSCRIBER hereunder. H. In the event the SUBSCRIBER shall fail duly and promptly to perform any of its obligations under the provisions of this Agreement, the COUNTY, at its option, may immediately, or any time thereafter, perform the same for the account of the SUBSCRIBER without waiving such default, and any amount paid or expense or liability incurred by the COUNTY in such performance, together with interest thereon at the highest maximum rate permitted by applicable law until paid by the SUBSCRIBER to the COUNTY, shall be payable by the SUBSCRIBER upon demand. IT Form Contract Rev.Nov.2002 ' IN I. 1. There shall be deemed to be a breach of this Agreement: (a) If the SUBSCRIBER shall default in any payment due hereunder and such default shall continue for a period of ten (10) days after due; (b) The County may terminate this Agreement immediately upon SUBSCRIBER's default or breach of any term or condition contained herein. (c) If SUBSCRIBER, without the COUNTY's prior written consent, removes or permits any of the same to be used by anyone, or sells, pledges, assigns, hypothecates, transfers, subleases or otherwise disposes of or encumbers this Agreement or any part hereof or any part thereof or attempts to do any of the aforesaid. 2. In the event of SUBSCRIBER's breach of this Agreement, as herein defined: (a) The County may cancel this Agreement upon written notice to SUBSCRIBER. (b) The SUBSCRIBER shall be liable for all costs, damages and losses incurred by the COUNTY on account of said breach and/or also in canceling or terminating this Agreement. (c) All sums due and to become due hereunder, at the COUNTY's option, shall become payable forthwith. (d) The COUNTY may also enforce specific performance of the applicable covenants of this Agreement by appropriate legal proceedings, as well as any other remedy herein provided. Should any legal proceedings be instituted by the COUNTY to recover any monies due or to become due hereunder, and/or to recover other damages sustained by the COUNTY on account of such breach, the SUBSCRIBER shall pay a reasonable sum as attorney's fees. J. No right or remedy of the COUNTY hereunder shall be exclusive of any other right or remedy herein or by law, statute or equity provided, but each shall be cumulative and in addition to every other right or remedy, and shall be deemed to be continuing, none of which shall be exhausted by being exercised on one or more occasion and may be enforced concurrently or from time to time. K. SUBSCRIBER, its officers, agents, owners, partners, employees, volunteers and subcontractors agree to abide by the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13, and all other applicable state and federal laws, rules, regulations and orders relating to data privacy or confidentiality, and as any of the same may be amended. The SUBSCRIBER shall defend, indemnify and hold the COUNTY harmless from any and all liability, claims, damages,judgments, costs (including reasonable attorneys'fees), demands or actions arising, directly or indirectly, out of any act or omission on the part of the SUBSCRIBER, its employees, officers, agents, contractors or representatives relating to the obtaining, use, and or possession of information provided hereunder, SUBSCRIBER's access to the computer system, including without limitation, the obtainment, installation/de-installation IT Form Contract Rev.Nov.2002 ( IS and/or existence of telephone lines and any and all activities related thereto, and/or relating to the ownership, use or operation of SUBSCRIBER's equipment and/or software and items relating to such software and/or equipment, and from all loss or liability by reason of failure of the SUBSCRIBER, in any respect, to perform fully or observe all obligations under this Agreement. L. Any notice or demand, which may or must be given or made by a party hereto, under the terms of this Agreement or any statute or ordinance, shall be in writing and shall be sent registered or certified mail to the other party addressed as follows: TO SUBSCRIBER: City of Eden Prairie City Manager 8080 Mitchell Road Eden Prairie, MN 55344 TO COUNTY: Hennepin County Administrator A-2300 Government Center Minneapolis, MN 55487 Copy to: Division Manager Information Technology Operations A-015 Government Center Minneapolis, MN 55487 Either party may designate a different addressee or address at any time by giving written notice thereof as above provided. Any notice, if mailed, properly addressed, postage prepaid, registered or certified mail, shall be deemed dispatched on the registered date or that stamped on the certified mail receipt and shall be deemed received within the second business day thereafter or when it is actually received, whichever is sooner. Any notice delivered by hand shall be deemed received upon actual delivery. M. No oral agreement, guarantee, promise, condition, representation or warranty shall be binding; all prior conversations, agreement or representations related hereto are integrated herein, and no modification hereof shall be binding unless in writing and signed by the COUNTY. N. This Agreement shall be governed by and construed under the laws of the State of Minnesota. Hennepin County shall be the appropriate venue and jurisdiction for any litigation arising hereunder, except that venue and jurisdiction in the Federal courts shall be in the appropriate Federal Court within the State of Minnesota. If any provision of the Contract is held invalid, illegal, or unenforceable, the remaining provisions will not be affected. O. It is agreed that nothing herein contained is intended or should be construed in any manner as creating or establishing the relationship of joint ventures or co-partners between the parties hereto or as constituting the SUBSCRIBER as the agent, representative or employee of the COUNTY for any purpose or in any manner whatsoever. The SUBSCRIBER is to be and shall remain an independent SUBSCRIBER under this Agreement. Any and all personnel of the SUBSCRIBER or other persons, while engaged in the performance of any activity under this Agreement, shall have no Contractual relationship with the COUNTY and shall not be considered employees of the COUNTY. IT Form Contract Rev.Nov.2002 /116 P. The COUNTY's failure to insist upon strict performance of any covenant, Agreement or stipulation of the Contract or to exercise any right herein contained shall not be a waiver or relinquishment of such covenant,Agreement, stipulation or right unless the COUNTY consents thereto in writing. Any such written consent shall not constitute a waiver or relinquishment of the future of such covenant, Agreement, stipulation or right. SUBSCRIBER having signed this Agreement, and Hennepin County having duly approved this Agreement on the day of 120 , and pursuant to such approval, the proper County officials having signed this Agreement, the parties hereto agree to be bound by the provisions set forth herein. COUNTY OF HENNEPIN, STATE OF MINNESOTA BY: Deputy/Associate County Administrator Approved as for form and execution: Assistant County Attorney Date: CITY OF EDEN PRAIRIE By: Its And: Its City organized under: Statutory Option A Option B Charter IT Form Contract Rev. Nov.2002 S Exhibit A to Agreement A021006 City of Eden Prairie 2003 In addition to other terms stated herein, in the above referenced contract, of which this Exhibit A is a part, this Exhibit A includes provisions relating to a frame relay circuit(s). The COUNTY will provide inquiry-only access to the following public and non-public information systems: Property Information System: Access to this system will permit viewing of current real estate tax information, including legal descriptions, valuations, special assessments and other public data retained in the Property Information Systems. Document Recording/Imaqing System: Access to this system will permit viewing of current information on documents filed with the County Recorder(Abstract) and Registrar of Titles (Torrens) retained in the Document Recording System since January 4, 1988. The document imaging portion of this system will permit viewing of Abstract optical images for all pages in each document filed since 1994. Torrens optical images of all pages in each document can be viewed for documents filed since August 1992. Subject-In-Process (SIP) System: Access to this system will permit inquiry into the District Court System. Information to be obtained includes case-related information concerning offense, disposition, participants, scheduling and other public data contained in the Subject in Process System. Such access and retrieval of such data shall be governed by the Rules of Access for records of the Judicial Branch or other applicable rule or law. Photo Image System: The Photo Imaging System produces booking photographs (mug shots) and in connection therewith the County may also provide arrest data, and/or demographic data (i.e. physical description, height, hair color, eye color, etc.). Agencies which carry on a law enforcement function are responsible for their own photographs and data, provided that such data are necessary for law enforcement purposes, consistent with MN Stat. Section 13.85, Subd. 5 or other applicable law. All Law Enforcement Agencies that are participating are allowed view, print, and photolineup privileges. II. Usage Charge A file inquiry fee of$.0157 per transaction will be charged monthly for inquiries to the system. III. Connection Charges (Network Support Charges) The SUBSCRIBER will be charged $23.00 monthly ($17.00 basic and $6.00 host) for each of the workstation connected to Hennepin County's teleprocessing network and will be charged $45.00 for one LAN connection ($17.00 basic and $28.00 LAN Service). Each additional connection will be billed appropriately. The City of Eden Prairie currently has eleven (11) basic connections and one (1) LAN connection. IT Form Contract Rev. Nov.2002 f ( I 0 • • IV. Telephone Lines/Frame Relay 1. For purposes of the aforementioned contract (including this exhibit), the term "telephone line(s)" includes various forms of systems and data circuits and without limitation any and all lines, cabling, communication circuits, and/or data circuits in connection with the frame relay circuit and/or related equipment, components and/or software associated with any of the foregoing. 2. SUBSCRIBER understands and agrees that the County will not be responsible in any manner for accessing and linking any portion of SUBSCRIBER's frame relay circuit with lines and/or connections owned or used by the County. 3. The County will assume no liability for services of any kind and equipment provided by Qwest, LOGIS or any other person or entity. The County will only be liable to the extent expressly set forth in said contract. 4. SUBSCRIBER understands and agrees that SUBSCRIBER, Logis and/or other person - not the County—will, at SUBSCRIBER's expense: a) provide, maintain, diagnose and correct problems of, and support such frame relay and its access link; b) be responsible for the installation and configuration of the IBM 3270 emulation or Attachmate Extra software; c) be responsible for the configuration of members wide area network to support the bridging protocols required for access to the County; d) diagnose and correct problems with the 3270 emulation or Attachmate Extra software, provided that the County when requested by SUBSCRIBER will render such assistance as the County deems it reasonably can provide; such assistance shall be rendered only from County premises consistent with the terms and conditions of said contract, and e) notify the County of planned outages that will affect the SUBSCRIBER. IT Form Contract Rev.Nov.2002 /4 ( 1 i Contract No. A021006 AGREEMENT THIS AGREEMENT, made and entered into between the COUNTY OF HENNEPIN, a political subdivision of the State of Minnesota, hereinafter referred to as "COUNTY" and City of Eden Prairie, 8080 Mitchell Road, Eden Prairie, MN 55344-2299, hereinafter referred to as"SUBSCRIBER"; WITNESSETH: NOW, THEREFORE, the parties hereto agree as follows: A. The COUNTY shall allow the SUBSCRIBER file inquiry access to certain information contained in COUNTY computerized data files through SUBSCRIBER owned computer equipment operating in conjunction with the COUNTY computer system. 1. The SUBSCRIBER shall be solely responsible for selecting obtaining, installing, maintaining, repairing, modifying and/or replacing any equipment used to access or attempt to access the computer system. At SUBSCRIBER's request, the COUNTY will furnish information concerning equipment the COUNTY believes to be compatible for requested access. 2. The SUBSCRIBER agrees to install and maintain and keep up to date virus protection software and firewall technology on each personal computer or device being connected to the COUNTY's network. The SUBSCRIBER agrees to upgrade virus protection software and firewall technology to keep at the most current version. The SUBSCRIBER agrees to be responsible for any and all damages caused as a result of unauthorized access through the SUBSCRIBER's equipment and for any virus being transmitted to COUNTY computer systems. 3. During the term of this agreement, the technical aspects of connections may change which may require change or action by SUBSCRIBER. SUBSCRIBER will receive notice of any required changes and will be expected to comply within the specified timeframe indicated in the notice. Unless absolutely necessary, specified timeframe should not be less than 30 days. 4. SUBSCRIBER agrees to protect and keep private and secure, any access passwords given to SUBSCRIBER, and to not release passwords to any unauthorized individual. The SUBSCRIBER agrees to be responsible for any and all damages caused as a result of unauthorized use of the access password(s) by any authorized or unauthorized individual. B. The COUNTY shall set forth costs, billing information and type(s) of information which the COUNTY will permit the SUBSCRIBER to access in Exhibit A, attached hereto and made a part hereof by this reference. SUBSCRIBER shall be responsible for the payment of any and all file inquiry fees, connection charges, telephone line or frame relay charges where appropriate, and any related installation/de-installation charges. SUBSCRIBER will be billed by the COUNTY on a monthly basis and may be billed separately by the telephone company for the telephone or frame relay charges. Payment shall be made by SUBSCRIBER within thirty (30) days after receipt of each said bill. Connection and telephone or frame relay charges shall be payable whether or not SUBSCRIBER has accessed the information during any month SUBSCRIBER is permitted to access such information. IT Form Contract Rev.Nov.2002 C. It is understood and agreed that if it is determined by the COUNTY that it is necessary to allocate time and capacity utilization of the computer system in order to carry out COUNTY activities properly, the COUNTY may reduce or discontinue service for such length of time as the COUNTY may deem appropriate. The COUNTY, in good faith, shall endeavor to notify the SUBSCRIBER prior to any such service interruption whenever the COUNTY shall determine the pertinent circumstances reasonably permit such notification. D. The hours of service furnished hereunder are subject to the provisions of paragraph D and generally limited to the business hours observed by the COUNTY at the Hennepin County Government Center and, therefore, will be observed as follows: 1. Monday through Friday- 8:00 a.m. to 5:00 p.m. 2. Service will not be available on holidays or other time off observed by the COUNTY. 3. The COUNTY reserves the right to change said business hours and shall give written notice to SUBSCRIBER of any such change. Access to this service may also be available (at the COUNTY's sole discretion) at times beyond normal business hours. E. 1. The COUNTY does not warrant or guarantee the performance of the main computer system, the telephone lines and/or cabling, or any software and/or equipment in connection or in association with any or all of the foregoing, nor does the COUNTY warrant or guarantee any programming utilized in any of the above. Further, the COUNTY shall have no obligation or liability whatsoever concerning any aspect of the telephone line or frame relay lines. It is specifically understood by the SUBSCRIBER that changes and adjustments are made in the official records from time to time which may be in process at any given time; and, under the circumstances, the information received by the SUBSCRIBER will be subject to such changes and adjustments. Accordingly, errors or omissions may occur in the data received on or through the pertinent equipment utilized by or servicing the SUBSCRIBER. Further, the SUBSCRIBER specifically understands and agrees that the service furnished under this Agreement is subject to the temporary or permanent inability of the COUNTY to furnish either and also is subject to errors, omissions, damages, reductions, discontinuances, malfunctions, inoperativeness, scheduled downtimes, delays or interruptions which may be due to any one or a combination of a wide spectrum of causes. While the COUNTY shall endeavor in good faith to maintain a high degree of accuracy and efficiency in the services provided hereunder, the sole and exclusive remedy for any breach of this Agreement by the COUNTY and for COUNTY liability of any kind whatsoever, including but not limited to liability for nonperformance or any deficiencies with respect to said services, shall be limited to restoring the services and/or any deficiency in said service as is reasonably possible under the pertinent circumstances. SUBSCRIBER fully understands and agrees that the COUNTY may change, modify and/or replace said computer system and any components thereof including, without limitation, any related equipment, software, wiring and/or cabling, and that, incidental thereto, any such change, etc. could possibly extinguish or impair the compatibility between SUBSCRIBER's equipment and said computer system, thus necessitating, perhaps, the replacement of, changes to, and/or modification of SUBSCRIBER's equipment to access said computer system; and that in any such event the COUNTY will in no manner be liable for the costs and/or damages which are sustained by SUBSCRIBER and which are, in any respect, associated, directly or indirectly, with any or all of the foregoing occurrences but that SUBSCRIBER shall bear the full costs thereof. In no event shall the COUNTY be liable for actual, direct, indirect, special, incidental, consequential damages (even if the COUNTY has IT Form Contract Rev. Nov.2002 been advised of the possibility of such damage) or loss of profit, loss of business or any other financial loss or any other damages. 2. Supplemental to and in no manner in limitation of the foregoing the following is set forth: The information furnished and to be furnished has been and shall be obtained from the COUNTY'S records and is believed to be reliable. But the accuracy, completeness, timeliness or correct sequencing of the information is not guaranteed by COUNTY. There may be delays, interruptions, omissions or inaccuracies in the receipt of the information. The SUBSCRIBER agrees that the COUNTY shall have no liability, contingent or otherwise, for the accuracy, completeness, timeliness or correct sequencing of the data, or for any decision made or action taken by SUBSCRIBER in reliance upon the data. THERE IS NO WARRANTY OF MERCHANTABILITY, NO WARRANTY OF FITNESS FOR PARTICULAR USE, AND NO OTHER WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE INFORMATION OR ANY ASPECT OF THE SERVICE. F. 1. During the contract period, the COUNTY may change any portion of the monthly charges, provided that a thirty (30) day written notice be given to the SUBSCRIBER prior to the effective date of the change. Any such change will appear on the appropriate monthly billing, except that any telephone line or frame relay charge change shall not require written notice but shall be effective immediately and shall be payable when included in the monthly billing presented to SUBSCRIBER as provided herein. Additional connections and accesses to information may be requested in writing at any time. If access is authorized, the appropriate description and charges will be outlined in an Exhibit bearing an exhibit letter in proper sequence to Exhibit A, and be attached to and made part of this agreement. 2. This Agreement shall commence on the date of its approval by the COUNTY and remain in effect until cancelled by either party. Rates charged for this service are reviewed annually by the COUNTY and rate changes take effect January 1st of each year. Notice of any rate changes affecting this service will be sent out along with a revised exhibit 30 days prior to the effective date. These rate changes will take effect on the first of January. 3. This Agreement may be cancelled with or without cause by either party giving 30 days prior written notice thereof to the other party. G. SUBSCRIBER agrees that during the term of this Agreement, in addition to the fees/charges provided herein to be paid, it will promptly pay all taxes, assessments and other governmental charges, if any, levied or assessed upon the services furnished hereunder to SUBSCRIBER, and SUBSCRIBER will promptly pay or reimburse the COUNTY for all taxes levied or assessed against and paid by the COUNTY on account of its furnishing services to SUBSCRIBER hereunder. H. In the event the SUBSCRIBER shall fail duly and promptly to perform any of its obligations under the provisions of this Agreement, the COUNTY, at its option, may immediately, or any time thereafter, perform the same for the account of the SUBSCRIBER without waiving such default, and any amount paid or expense or liability incurred by the COUNTY in such performance, together with interest thereon at the highest maximum rate permitted by applicable law until paid by the SUBSCRIBER to the COUNTY, shall be payable by the SUBSCRIBER upon demand. IT Form Contract Rev. Nov.2002 I. 1. There shall be deemed to be a breach of this Agreement: (a) If the SUBSCRIBER shall default in any payment due hereunder and such default shall continue for a period of ten (10) days after due; (b) The County may terminate this Agreement immediately upon SUBSCRIBER's default or breach of any term or condition contained herein. (c) If SUBSCRIBER, without the COUNTY's prior written consent, removes or permits any of the same to be used by anyone, or sells, pledges, assigns, hypothecates, transfers, subleases or otherwise disposes of or encumbers this Agreement or any part hereof or any part thereof or attempts to do any of the aforesaid. 2. In the event of SUBSCRIBER's breach of this Agreement, as herein defined: (a) The County may cancel this Agreement upon written notice to SUBSCRIBER. (b) The SUBSCRIBER shall be liable for all costs, damages and losses incurred by the COUNTY on account of said breach and/or also in canceling or terminating this Agreement. (c) All sums due and to become due hereunder, at the COUNTY's option, shall become payable forthwith. (d) The COUNTY may also enforce specific performance of the applicable covenants of this Agreement by appropriate legal proceedings, as well as any other remedy herein provided. Should any legal proceedings be instituted by the COUNTY to recover any monies due or to become due hereunder, and/or to recover other damages sustained by the COUNTY on account of such breach, the SUBSCRIBER shall pay a reasonable sum as attorney's fees. J. No right or remedy of the COUNTY hereunder shall be exclusive of any other right or remedy herein or by law, statute or equity provided, but each shall be cumulative and in addition to every other right or remedy, and shall be deemed to be continuing, none of which shall be exhausted by being exercised on one or more occasion and may be enforced concurrently or from time to time. K. SUBSCRIBER, its officers, agents, owners, partners, employees, volunteers and subcontractors agree to abide by the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13, and all other applicable state and federal laws, rules, regulations and orders relating to data privacy or confidentiality, and as any of the same may be amended. The SUBSCRIBER shall defend, indemnify and hold the COUNTY harmless from any and all liability, claims, damages,judgments, costs (including reasonable attorneys'fees), demands or actions arising, directly or indirectly, out of any act or omission on the part of the SUBSCRIBER, its employees, officers, agents, contractors or representatives relating to the obtaining, use, and or possession of information provided hereunder, SUBSCRIBER's access to the computer system, including without limitation, the obtainment, installation/de-installation IT Form Contract • Rev. Nov.2002 I and/or existence of telephone lines and any and all activities related thereto, and/or relating to the ownership, use or operation of SUBSCRIBER's equipment and/or software and items relating to such software and/or equipment, and from all loss or liability by reason of failure of the SUBSCRIBER, in any respect, to perform fully or observe all obligations under this Agreement. L. Any notice or demand, which may or must be given or made by a party hereto, under the terms of this Agreement or any statute or ordinance, shall be in writing and shall be sent registered or certified mail to the other party addressed as follows: TO SUBSCRIBER: City of Eden Prairie City Manager 8080 Mitchell Road Eden Prairie, MN 55344 TO COUNTY: Hennepin County Administrator A-2300 Government Center Minneapolis, MN 55487 Copy to: Division Manager Information Technology Operations A-015 Government Center Minneapolis, MN 55487 Either party may designate a different addressee or address at any time by giving written notice thereof as above provided. Any notice, if mailed, properly addressed, postage prepaid, registered or certified mail, shall be deemed dispatched on the registered date or that stamped on the certified mail receipt and shall be deemed received within the second business day thereafter or when it is actually received, whichever is sooner. Any notice delivered by hand shall be deemed received upon actual delivery. M. No oral agreement, guarantee, promise, condition, representation or warranty shall be binding; all prior conversations, agreement or representations related hereto are integrated herein, and no modification hereof shall be binding unless in writing and signed by the COUNTY. N. This Agreement shall be governed by and construed under the laws of the State of Minnesota. Hennepin County shall be the appropriate venue and jurisdiction for any litigation arising hereunder, except that venue and jurisdiction in the Federal courts shall be in the appropriate Federal Court within the State of Minnesota. If any provision of the Contract is held invalid, illegal, or unenforceable, the remaining provisions will not be affected. O. It is agreed that nothing herein contained is intended or should be construed in any manner as creating or establishing the relationship of joint ventures or co-partners between the parties hereto or as constituting the SUBSCRIBER as the agent, representative or employee of the COUNTY for any purpose or in any manner whatsoever. The SUBSCRIBER is to be and shall remain an independent SUBSCRIBER under this Agreement. Any and all personnel of the SUBSCRIBER or other persons, while engaged in the performance of any activity under this Agreement, shall have no Contractual relationship with the COUNTY and shall not be considered employees of the COUNTY. IT Form Contract Rev. Nov.2002 P. The COUNTY's failure to insist upon strict performance of any covenant,Agreement or stipulation of the Contract or to exercise any right herein contained shall not be a waiver or relinquishment of such covenant, Agreement, stipulation or right unless the COUNTY consents thereto in writing. Any such written consent shall not constitute a waiver or relinquishment of the future of such covenant,Agreement, stipulation or right. SUBSCRIBER having signed this Agreement, and Hennepin County having duly approved this Agreement on the day of 120 , and pursuant to such approval, the proper County officials having signed this Agreement, the parties hereto agree to be bound by the provisions set forth herein. COUNTY OF HENNEPIN, STATE OF MINNESOTA BY: Deputy/Associate County Administrator Approved as for form and execution: Assistant County Attorney Date: CITY OF EDEN PRAIRIE By: Its And: Its City organized under: Statutory Option A Option B Charter IT Form Contract Rev.Nov.2002 i 11 Exhibit A to Agreement A021006 City of Eden Prairie 2003 In addition to other terms stated herein, in the above referenced contract, of which this Exhibit A is a part, this Exhibit A includes provisions relating to a frame relay circuit(s). The COUNTY will provide inquiry-only access to the following public and non-public information systems: Property Information System: Access to this system will permit viewing of current real estate tax information, including legal descriptions, valuations, special assessments and other public data retained in the Property Information Systems. Document Recording/Imaging System: Access to this system will permit viewing of current information on documents filed with the County Recorder(Abstract) and Registrar of Titles (Torrens) retained in the Document Recording System since January 4, 1988. The document imaging portion of this system will permit viewing of Abstract optical images for all pages in each document filed since 1994. Torrens optical images of all pages in each document can be viewed for documents filed since August 1992. Subiect-In-Process (SIP) System: Access to this system will permit inquiry into the District Court System. Information to be obtained includes case-related information concerning offense, disposition, participants, scheduling and other public data contained in the Subject in Process System. Such access and retrieval of such data shall be governed by the Rules of Access for records of the Judicial Branch or other applicable rule or law. Photo Image System: The Photo Imaging System produces booking photographs (mug shots) and in connection therewith the County may also provide arrest data, and/or demographic data (i.e. physical description, height, hair color, eye color, etc.). Agencies which carry on a law enforcement function are responsible for their own photographs and data, provided that such data are necessary for law enforcement purposes, consistent with MN Stat. Section 13.85, Subd. 5 or other applicable law. All Law Enforcement Agencies that are participating are allowed view, print, and photolineup privileges. II. Usage Charge A file inquiry fee of$.0157 per transaction will be charged monthly for inquiries to the system. III. Connection Charges (Network Support Charges) The SUBSCRIBER will be charged $23.00 monthly ($17.00 basic and $6.00 host)for each of the workstation connected to Hennepin County's teleprocessing network and will be charged $45.00 for one LAN connection ($17.00 basic and $28.00 LAN Service). Each additional connection will be billed appropriately. The City of Eden Prairie currently has eleven (11) basic connections and one (1) LAN connection. IT Form Contract Rev. Nov.2002 IV. Telephone Lines/Frame Relay 1. For purposes of the aforementioned contract(including this exhibit), the term "telephone line(s)" includes various forms of systems and data circuits and without limitation any and all lines, cabling, communication circuits, and/or data circuits in connection with the frame relay circuit and/or related equipment, components and/or software associated with any of the foregoing. 2. SUBSCRIBER understands and agrees that the County will not be responsible in any manner for accessing and linking any portion of SUBSCRIBER's frame relay circuit with lines and/or connections owned or used by the County. 3. The County will assume no liability for services of any kind and equipment provided by Qwest, LOGIS or any other person or entity. The County will only be liable to the extent expressly set forth in said contract. 4. SUBSCRIBER understands and agrees that SUBSCRIBER, Logis and/or other person - not the County—will, at SUBSCRIBER's expense: a) provide, maintain, diagnose and correct problems of, and support such frame relay and its access link; b) be responsible for the installation and configuration of the IBM 3270 emulation or Attachmate Extra software; c) be responsible for the configuration of members wide area network to support the bridging protocols required for access to the County; d) diagnose and correct problems with the 3270 emulation or Attachmate Extra software, provided that the County when requested by SUBSCRIBER will render such assistance as the County deems it reasonably can provide; such assistance shall be rendered only from County premises consistent with the terms and conditions of said contract, and e) notify the County of planned outages that will affect the SUBSCRIBER. IT Form Contract Rev.Nov.2002 CITY COUNCIL AGENDA DATE: March 18,2003 SECTION: Consent Calendar DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Management and Budget Award Contract for Consultant for City-wide Karen Kurt, Human Resources Compensation Study L. Manager Don Uram,Director Requested Action Move to: Award contract to Fox Lawson and Associates to serve as consultants for city- wide compensation study. Synopsis A key objective of the Human Resources depailiuent in 2003 is to reevaluate and redesign the City's compensation program. The current program is outdated and no longer closely aligned with the City's strategic objectives. We are recommending that Fox Lawson serve as the technical consultant to our internal human resources staff in carrying out this comprehensive project. Fox Lawson has done similar work for numerous public and private sector organizations both on a local and national level. Fox Lawson will work with City staff to determine the City's compensation philosophy, analyze and evaluate City jobs, conduct market competitiveness research, and make plan design recommendations. The amount of the contract is $38,000. The City is anticipating implementing a redesigned merit compensation program at the start of 2004. Attachment Consulting Contact &DZ • CONSULTING AGREEMENT This Consulting Agreement("Agreement")is made by and between the City of Eden Prairie (CLIENT) and Fox Lawson&Associates LLC("Consultant") a Limited Liability Corporation organized in the State of Minnesota with offices in Vadnais Heights,MN and Phoenix,Arizona. The Minnesota office is located at 1335 County Road D East, St. Paul,MN 55109-5260. The Phoenix office address is PO Box 32985,Phoenix,Arizona 85064-2985 WITNESSETH • WHEREAS,Consultant has substantial skill and experience in human resources management;position classification,job evaluation,compensation,benefits and performance appraisal;and; WHEREAS,the CLIENT desires to hire Fox Lawson&Associates LLC to conduct a compensation study and Consultant desires to provide services to the CLIENT; NOW THEREFORE,for good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,the Parties agree to the terms and conditions set forth herein. ARTICLE 1. STATEMENT OF WORK Consultant shall provide professional consulting services as outlined in its proposal to the CLIENT to conduct a compensation study dated February 7, 2003 (hereinafter the "Formal Proposal")which is incorporated herein as if fully set out. Consultant shall receive technical direction and review from,and shall report to, Karen M. Kurt,Manager of Human Resources or such other person(s) as the CLIENT may designate from time to time. ARTICLE 2. COMPENSATION • • For the complete, satisfactory and timely performance of services provided hereunder, Consultant will be paid a professional fee of$ 38,000. This includes 160 employee interview sessions. If additional interviews are conducted beyond 160, each interview session will be charged an additional$65 per interview session. fc)9 ARTICLE 3. PAYMENT Consultant shall invoice the CLIENT monthly in 4 equal increments of$9,500. The first invoice shall be submitted upon commencement of the study. The second invoice shall be submitted upon completion of the classification study. the third invoice will be submitted following completion of the labor market analysis and the final invoice will be submitted following the delivery of the fmal report. Each invoice shall be paid within 30 days. ARTICLE 4. INDEPENDENT CONSULTANT STATUS It is understood and agreed that consultant will provide the services under this Agreement on a.professional basis and as independent contractor and that during the performance of the services under this Agreement, Consultant will not be considered an employee of the CLIENT • within the meaning or applications of any federal, state or local laws or regulations including,but not limited to, laws or regulations covering unemployment insurance, old age benefits,worker's compensation, industrial accident, labor or taxes of any kind. Consultant shall not be entitled to benefits that may be afforded from time to time to CLIENT employees,including without limitation,vacation,holidays, sick leave,worker's compensation and unemployment insurance. • Further,the CLIENT shall not be responsible for withholding or pay any taxes or social security on behalf of Consultant; Consultant shall be fully responsible for any such withholding or payment of taxes or social security. • ARTICLE 5. ASSIGNMENT AND DELEGATION Neither party shall assign or delegate this Agreement or any rights, duties or obligations hereunder without the express written consent of the other. ARTICLE 6. ENTIRE AGREEMENT The following represents the entire agreement between the parties with respect to the subject matter hereof. Should there be conflicts between the documents, the lowest numbered document shall control. This Agreement may be amended only by written instrument signed by both parties. 1. This agreement. -30 2.. The Formal Proposal dated February 7,2003. 3. Appendix A attached hereto. ARTICLE 7. HOLD HARMLESS Consultant shall indemnify,defend, and hold the CLIENT, its officers, employees and agents harmless from and against any and all damages,expenses,costs and liabilities arising out of Consultant's negligent acts, omissions or wrongful conduct in the course of performance of this • Agreement, including,without limitation,the breach or failure of the warranties and representations set forth herein. Should the Consultant be requested to provide testimony in court or with regard to litigation brought against the CLIENT for work performed by the consultant pursrant to this . contract,the CLIENT shall reimburse the Consultant for time and expenses incurred at the firm's established hourly billing rates for the individuals involved. ARTICLE 8. TRADE SECRETS UNDER MINNESOTA DATA PRACTICES ACT Consultant shall not use, duplicate or divulge to others any confidential information disclosed to Consultant by the CLIENT in the course of performance hereof without first obtaining written permission from the CLIENT. The CLIENT shall not use, duplicate, or divulge to others, any trade secrets as the same are defined under the Minnesota Data Practices Act that is disclosed to the CLIENT by Consultant and marked as "Trade Secret Data" in the course of performance hereof without first obtaining written permission from Fox Lawson&Associates LLC. ARTICLE 9. TERMINATION AND TERM Either Party may terminate this Agreement by giving written notice to the other,which • notice shall be effective 60 calendar days following receipt. Consultant shall be compensated as provided herein for all services performed and expenses incurred prior to the date of termination. Unless earlier terminated,this Agreement shall be in effect from March 3,2003. ARTICLE 10. WARRANTIES AND REPRESENTATIONS • 131 Consultant warrants and represents that neither the execution, delivery nor performance of this Agreement constitutes a breach or violation of any contract or agreement to which it is a party or by which it is in.any manner bound. Consultant further warrants and represents that it has no interests or obligations nor during the term hereof will he acquire any interests or obligations,which conflict with or hamper its ability to perform as required hereby. Consultant warrants and represents that it will perform any and all services hereunder in a professional and workmanlike manner and that all such work shall be free of errors and defects. Consultant shall immediately correct such error or defect at no additional cost to the CLIENT. This remedy is in addition to any and all other remedies which the CLIENT may have pursuant to this Agreement or otherwise. This warranty is in addition to any warranty that may be implied or imposed by operation of law. ARTICLE 11. APPLICABLE LAW This Agreement shall be governed by, and construed in accordance with,the laws of the State of Minnesota. ARTICLE 12. LIABILITY INSURANCE Consultant agrees to maintain one million dollars ($1,000,000.00)in general liability insurance and one million dollars ($1,000,000.00) in professional liability insurance throughout the term of this agreement in such a form and manner as to provide coverage for any and all errors and omissions made during performance of this project. ARTICLE 13. DUE DILIGENCE The consultant agrees to proceed with performance of the contract with due diligence and complete the contract in a timely manner as provided in the response to Request for Proposals unless completion is delayed by a cause set forth in the specifications and for which timely completion would be excused. • • 3D, • ARTICLE 14. TAXES. The CLIENT is a tax-exempt entity and, as such, shall not be responsible for payment of any taxes of any type whatsoever. ARTICLE 15. LICENSES,PERMITS,LEGALITIES. Consultant agrees to obtain any and all necessary permits or licenses required to perform the work,to comply with all applicable laws, ordinances, regulations, etc., and to perform the work in a legal manner. ARTICLE 16. CONTACT PERSON. The Consultant and the CLIENT may be contacted through the following people. Consultant may change contact people by notifying the other in writing of such change: Fox LAWSON&ASSOCIATES LLC CLIENT Name: James C. Fox Karen M. Kurt • Address: 1335 County Road D East 8080 Mitchell Road St. Paul, MN 55109 Eden Prairie, MN 55344 ARTICLE 17. REMOVAL OF REPRESENTATION. • Should the CLIENT reasonably object to an individual deployed on the project by consultant, consultant agrees to promptly replace the individual with someone approved by the CLIENT. IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized representatives. • 133 FOX LAWSON&ASSOCIATES LLC CLIENT By: . James C.Fox Signature Partner • 3 4 q3 Date Date • • • • • 131 APPENDIX A Municipal Contract Provisions • Unless excluded by the applicable law the following . provisions shall apply to this contract: 1. Definitions. The following definitions apply to this Appendix. 1.1 "City" means the City of Eden Prairie. 1 .2 "Consultant'? Fox Lawson & Associates LLC 1 .3 "Contract" means the contract or agreement that this Appendix is attached to. • 2. Data Practices Act. The Consultant shall at all times abide by the Minnesota Government Data Practices Act, Minn. Stat./13.01, et seq., to the extent that the Act is applicable to data and documents in the hands of the Consultant. 3. Audits. The books, records, documents, and accounting procedures and practices of the Consultant or other parties relevant to this agreement are subject to examination by the City and either Legislative Auditor or the State Auditor for a period of six years after the effective date of this Contract. 4. Income Tax Withholding. No final payment shall be made to•the Consultant until the Consultant has provided satisfactory evidence to the City that the Consultant 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. 5. Worker s Compensation. Consultant 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 City prior to execution of this agreement is current and in force and effect. 135 6. Discrimination. In performance of this contract, the Consultant 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 Consultant, any subcontractor of the Consultant, or any applicant for employment. The Consultant shall include a similar provision in all contracts with subcontractors to this contract. The Consultant 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. 7. Conflicts. No salaried officer or employee of the City and no member of the City Council 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. 8. 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. 9. Consultant s Prompt Payment of Subcontractors. The Consultant shall pay to any subcontractor within ten (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 _%) 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. 10. Limitation of Remedies In the event of a breach of the Contract by City,. the Consultant shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. • • • 136 Consulting Agreement— March 3, 2003 • City of Eden Prairie-Fox Lawson &Associates LLC Page 9 By signing this Appendix the parties acknowledge that the above provisions become part of the Contract unless excluded b y applicable law. • CON By Its CAACITY OF OF EIDEN PRAIRIE By Its Mayor By Its City Manager • • • • • 13 3- CITY COUNCIL AGENDA DATE: March 18,2003 SECTION: Consent Calendar DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Management and Budget Approve Purchase Contract for Replacement of �U/ �' Lisa Wu, IT Manager Police Dictation System i-- Don Uram,Director Requested Action: Move to: Approve the purchase of Police Dictation system for quoted amount of$16,325 (plus sales tax) from Northland Business System Incorporation. Synopsis The 2003 Information Technology budget included funds ($21,600) for replacing the existing Police Dictation system. The quotes received from four vendors are as the follow: Loffler(DVI) $19,895.00 Higdon Inc. (VoiceFlow/VoicelQ $16,629.60 Northland Business System Inc. (WinScribe) $16,325.00 Precision Business Systems (InciVoice3.0) $31,190.00 We recommend WinScribe software, from Northland Business System Incorporation, to replace our existing system. Background Information A dictation system allows officers the flexibility of completing reports from locations outside the office. This reduces the amount of time officers and investigators spend on writing and are able to devote more time"on the street"for patrol and investigations work. The current dictation system was purchased in 1994. Due to the age of the current dictation technology and system, maintenance on the system is unavailable. The technicians are not familiar with the older technology and therefore do not readily have solutions when problems arise. Benefits to replacing the existing dictation system include: • An upgraded dictation system will ensure the continuity of a valuable operations tool for the police department. • This system will allow the future expansion of digital dictation hand-held devices for interview statements and equipment to digitally audio-record our jail bookings. • Digital voice files would save money and storage space. • Digital voice files could be stored on CDs rather than cassette tapes, requiring less space in our Evidence Room. Attachment Purchase Agreement EDEN PRAIRIE POLICE DEPARTMENT Proposal For Digital Dictation Quantity Description Total Winscribe 3.1 Server Software NC 5 WinScribe 3.1 Typist Systems @$1,400 $ 6,600.00 (Including Software,Headset,Foot Pedal&Typist License) 4 Add Telephony Ports to WinScribe Server $3,866.00 (Including 1-4 port Dialogic Telephony Cards and 4 Telephony Port Licenses) Installation of WinScribe 3.1 Software on server you provide $3,000.00 (@$150/hour—estimate 20 hours) One(1)year software maintenance and upgrade agreement on WinScribe as configured above(M-F, 8am-5pm) $1,599.00 1 Olympus DS3000 Digital Recorder @$360 $ 360.00 1 Training for all users 6 hours @$150 per hour $ 900.00 TOTAL $16,325.00 (This does not include applicable sales tax.) Options- A. For Author Input using digital recorder: Olympus DS-3000 Digital Hand-held Recorders $ 360.00/ea. Each Recorder includes: • 2-16MB Smart Media Cards • Download/Player Software CD • USB Download Cable Northland Business Systems is the only authorized dealer and service center for Olympus products. We stock parts and provide loaners when needed. • B. For Author Input using Computer and Microphone: Internet/PC Author Software to add to existing Workstations N/C Installation of software on workstation $ 150.00/ea. One(1)Speech Mike Pro Slide Switch Microphone $ 280.00/ea. Accepted by: Signed Name: Title: President Printed Name: Steve Potas Date: Note: Both the transcriptionists' computers and the PC Authors' computers must meet the following minimum specifications: Pentium 166mghz, 64MB RAM, 16MB Hard drive, Sound card,Windows 98,USB Port and CD Drive. 13' CITY COUNCIL AGENDA DATE: March 18,2003 SECTION: Consent Calendar SERVICE AREAJDIVISION: ITEM DESCRIPTION: ITEM NO.: Management and Budget Approve 2nd Amendment to Lease between the Don Uram, Director City and Hollywood Entertainment Corporation , (Y' Requested Action Move to: Approve Second Amendment to Lease between the City Of Eden Prairie and Hollywood Entertainment Corporation (Hollywood Video). Synopsis The City and Hollywood Video are parties to a Lease executed May 9, 1997, as amended by First Amendment to Lease dated June 6, 1997, for Premises located at 8020 Den Road. Hollywood Video has requested that the City amend the lease to grant them the right to operate another business called "Game Crazy" within a portion of their tenant space. Game Crazy is a department within the store where you can buy, sell, or trade video games. Background Information Hollywood is in the process of updating and remodeling a number of stores to incorporate Hollywood's expanded entertainment section known as "Game Crazy." Game Crazy is a department within the store where you can buy, sell, or trade video games for use in such electronic devices as Sony Playstation, Nintendo, and Xbox. This remodel will include an additional storefront entrance as well as an additional sign (in addition to the existing signage.) Hollywood is responsible for obtaining all necessary permits and will perform all work in accordance with applicable ordinances and statutes. Hollywood believes this remodel will update the appeal of the premises and maintain the goal of providing premiere entertainment to customers. As a result, Hollywood believes this will increase traffic to the shopping center, benefiting all tenants. Attachment Second Amendment to Lease SECOND AMENDMENT TO LEASE THIS SECOND AMENDMENT TO LEASE (the "Amendment") is between THE CITY OF EDEN PRAIRIE ("Landlord"), and HOLLYWOOD ENTERTAINMENT CORPORATION, an Oregon corporation("Tenant"). WHEREAS, Landlord and Tenant are parties to a Lease executed May 9, 1997, as amended by First Amendment to Lease dated June 6, 1997, for Premises located at 8020 Den Road, City of Eden Prairie, Minnesota, consisting of approximately Seven Thousand One Hundred (7,100) square feet (the "Lease"); and WHEREAS, Tenant has requested and Landlord has agreed that Tenant shall have the right to operate another business within a portion of the Premises, doing business as "Game Crazy" or other such trade name as Tenant shall use; and WHEREAS, Landlord and Tenant mutually desire to modify the Lease on the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration,Landlord and Tenant hereby agree to amend the Lease as follows: 1. The first (1st) sentence of Section 1.1(m) is hereby deleted in its entirety and replaced with the following: Tenant may use and occupy the Premises for the sale, rental, trading and/or licensing of prerecorded audio and/or video products, audio and/or video software, and entertainment and other software; the sale and rental of video equipment; and the sale and/or rental of related accessories, including accessories used for demonstration, display, and training; the sale,rental and/or trading of electronic equipment, and the sale,rental, trading and/or use of any substitutes for, or items which are a technological evolution of, any of the items contained in this Permitted Uses provision; the sale and/or rental of any related products, as well as all uses incidental hereto,including service and repair; the incidental sale of food products that are (i) normally sold in movie theaters, or(ii) are intended for off-premises consumption; for the sale of apparel and promotional merchandise; and for any other lawful uses subject to Landlord's prior written approval, so long as they are not then in violation of exclusive use restrictions in written leases between Landlord and other tenants located in the Retail Building. 2. The first (1st) sentence of Section 5.4 is hereby deleted in its entirety and replaced with the following: Landlord covenants and agrees that during the term of the Lease, including any Option Periods, Tenant, so long as Tenant is not in default under any significant term or condition of this Lease, shall have the exclusive right in the Retail Building to sell, rent, trade, license and/or distribute pre-recorded video cassettes, tapes, and disks, entertainment software, and video merchandise, including the sale, rental, and/or trading of any substitutes for, or items which are a technological evolution of, any of the items contained in the Permitted Uses provision set forth in Section 1.1(m). 3. The first (1st) sentence of Section 11.1 is hereby deleted in its entirety and replaced with the following: H Except for Tenant's Work as described in Exhibit C and any nonstructural, nonroof penetrating interior alteration, Tenant shall not make any alterations, additions, or improvements in or to the Premises,including,but not limited to,penetration of the roof, without the prior written consent of Landlord, which consent shall not be unreasonably withheld or delayed. 4. Section 11.1 is hereby amended with the addition of the following: Tenant shall have the right to operate another business within a portion of the Premises, provided such business conforms to the Permitted Uses set forth in Section 1.1(m), doing business as "Game Crazy" or such other trade name as Tenant shall use. Landlord hereby approves and Tenant shall have the right to construct alterations and additional signage for such business on the exterior portions of the Premises as set forth in the plans prepared by GJC and checked by MV for Hollywood Video store #023783 , dated January 28, 2003, and revised plans dated March 7, 2003 subject to plan revisions as required by the Chief Building Official and provided such signage complies with governmental code requirements. 5. This Amendment may be executed in counterparts and shall be effective when all parties have executed a copy of this Amendment. A copy of this Amendment bearing an original signature shall constitute a counterpart, and all such counterparts shall, taken together, constitute one and the same Amendment. It is the parties= desire to immediately confirm and communicate their respective signatures on this Amendment. It is agreed that a facsimile copy of a signed signature page of a counterpart Amendment shall evidence and constitute valid execution of this Amendment and shall be binding on a party to the same extent as the original signature counterpart copy. 6. All other terms of the Lease remain unchanged and in full force and effect. IN WITNESS WHEREOF, Landlord and Tenant have caused this Amendment to be executed as of the date set forth below. LANDLORD: TENANT: THE CITY OF EDEN PRAIRIE HOLLYWOOD ENTERTAINMENT CORPORATION, an Oregon corporation By: By: Donald J. Ekman Name: Executive Vice President Legal Affairs Title: Date: Date: JL1 19Wd.e.d at M-eair) CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar March 18,2003 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Police/C.O.P.Unit Christy Weigel Clerk's License Application List it Z . N . These licenses have been approved by the department heads responsible for the licensed activity. Commercial Kennel Hound Dog Pet Hotel - 1 - Aided at k7 CITY COUNCIL AGENDA SECTION: Consent DATE: March 18, 2003 SERVICE AREA: ITEM DESCRIPTION: ITEM NO. Office of the City Manager: Approve selling Housing Rehab Loan to Cutler Scott Neal Mortgage Company David Lindahl Requested Council Action: Move to: Approve the assignment and sale of a City Mortgage to Cutler Mortgage Company in consideration of$4,000. Synopsis: The City provided a$15,150 housing rehabilitation loan to an Eden Prairie resident in October 2001. The property is in foreclosure and the redemption period ends tomorrow. Cutler Mortgage is interested in buying the City's mortgage for$4,000 (26% of value). This would be a good option for the City to consider since the only other option is to redeem the first mortgage for approximately$189,000 and sell the property to pay-off the existing debt. Proceeds from the mortgage sale are Community Development Block Grant(CDBG)program income and will be rolled back into the Housing Rehab Loan program. Background: The City has been providing rehabilitation loans to low and moderate income homeowners in Eden Prairie since 1975. Loan repayment is deferred until the homes are sold. Since 1975,there have only been three foreclosures on properties with City Rehab mortgages. Attachments: CITY COUNCIL AGENDA DATE: 03/18/03 SECTION: Public Hearings DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Management and Budget/Planning Donald R. Uram Lake Point . Scott A. Kipp Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for Planned Unit Development Concept Review on 10 acres; and • • Approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers and Zoning District Change from Rural to R1-13.5 on 10 acres; and • Adopt the Resolution for Preliminary Plat of 10 acres into 12 lots and one outlot; and • Direct Staff to prepare a Development Agreement incorporating Staff and Board recommendations and Council conditions. Synopsis The proposal is to rezone the property from Rural to R1-13.5 and subdivide it into 12 single- family lots and one outlot. Community Planning Board Recommendation The Community Planning Board voted 7-0 to recommended approval of the project to the City Council at the February 10, 2003 meeting. Background Information This site is surrounded by existing development. The density of the project is consistent with the surrounding area. Lot 4 does not have frontage on a public road, and Lot 5 has 20 feet of lot frontage on a public road. City code requires 85 feet. The proposed waivers permit development to occur in the southeast portion of the property without additional significant tree loss, with less impervious surface, and at a density less than the surrounding area. The property is within the Shoreland area of McCoy Lake. Shoreland waivers from the City code will be required for abutting lot size, and for alteration within the shore impact zone to construct the NURP pond. The waivers result in the saving of a large stand of significant oak trees and the dedication of an outlot for McCoy Lake. 1L3 City Council Agenda—Lake Point March 18,2003 Page 2 There are 1,377 diameter inches of significant trees on the property. Tree loss is 631 diameter inches, or 46%. Many of the significant trees were planted by the property owner in the northeast portion of the property where development would normally occur. Tree replacement is 385 caliper inches. The tree replacement plan meets this requirement. Attachments 1. Resolution for PUD Concept 2. Resolution for Preliminary Plat 3. Staff Report dated February 7,2003 4. Community Planning Board minutes dated February 10,2003 1L1L LAKE POINT CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2003- A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF LAKE POINT FOR TAURUS PROPERTIES,INC. 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 February 10, 2003, for Lake Point by Taurus Properties, Inc., 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 March 18, 2003. NOW,THEREFORE,BE IT RESOLVED by the City Council of Eden Prairie,Minnesota, as follows: 1. Lake Point,being in Hennepin County,Minnesota, legally described as outlined in Exhibit A, is attached hereto and made a part hereof. 2. That the City Council does grant PUD Concept approval as outlined in the plans dated March 6,2003. 3. That the PUD Concept meets the recommendations of the Community Planning Board dated February 10,2003. ADOPTED by the City Council of the City of Eden Prairie this 18th day of March, 2003. Nancy Tyra-Lukens, Mayor Kathleen A. Porta, City Clerk I EXHIBIT A PUD Concept-Lake Point The west 553.50 feet of the Northwest Quarter of the Northwest Quarter of Section 22, Township 116,Range 22,Hennepin County, Minnesota,which lies south of a line drawn at a right angle to the west line of said Northwest Quarter of the Northwest Quarter from a point distant 500.00 feet south of the northwest corner of said Northwest Quarter of the Northwest Quarter. ) j� LAKE POINT CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2003- RESOLUTION APPROVING THE PRELIMINARY PLAT OF LAKE POINT FOR TAURUS PROPERTIES,INC. BE IT RESOLVED,by the Eden Prairie City Council as follows: That the preliminary plat of Lake Point for Taurus Properties, Inc., dated March 6, 2003, and consisting of 10 acres into 12 lots, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 18th day of March, 2003. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen A. Porta, City Clerk I�� STAFF REPORT TO: Community Planning Board THROUGH: Michael D.Franzen,City Planner FROM: Scott A.Kipp, Senior Planner DATE: February 7,2003 SUBJECT: Lake Point APPLICANT: Taurus Properties,Inc. OWNER: Donald D.Bergstrom and Julia Larson LOCATION: Southeast corner of Cumberland Road and Mitchell Road REQUEST: 1. PUD Concept Review on 10 acres. 2. PUD District Review with waivers on 10 acres. 3. Zoning District Change from Rural to R1-13.5 on 10 acres. 4. Preliminary Plat of 10 acres into 12 lots, one outlot, and road right-of- way. Area Location Map: Lake Point (2002-21 ) _ u_i i i I uL_J 1__1__r u=r 4 . -. , ..,. . . ,.. ..,. diflp , 411011i, itohelU'R` act �'�: _-t ;::, r'. 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AA /l�I�� ((//''�� :)t,• ur.A.. .rf L .�• .k;�; -i•,.,t+•''. .:n•.lc :n;:';.l �nJ`, McCoy Lalkw k.^ •,., ..I rF': T .i. '4. .:{• ;1•'`i,� /i' .Y.Z.� it�i •ilV. ryY,; ��e��': •a;• '.'+''L'' ft.I' .., -'1.' y`,;: .',: rtY; , It ,..: .. . ';.::,; ', t .'i1: ;fie •ssAia"-'`!.'. }y ip'• r' i i,' •4 W n L- ro-S :T:, :�; ' :ili,� 1' t:'• '.:h '.1 i� .i.. Ir!t'.•.;.' •J'•••';" I ',1ti'. l.i:' C' �"'��'.:_ �!: .i! •I `Il."1. •Y7 .Y'.' ':ti�'•i': �A.r 41* �:",':) .P.. , :!•. l:ii I:t.,:,` ;C, - '.:i:• :1 '.`I',.�k_ t. :mot \,L:�I.,. ��.. Y"b #:,;;.;:;',:44,;:',..„, .LY: (' u:. , .J�,:i ......:•••, ,• • .. r ' F " v . .at: t''';',L.:.!21.'. . i ''';','':':1:..r4j1111F, L'...;-1F', .:,';'-':'.."'',''•f'` ' !;.. -1;',: '�. YI ,�; -A y ., • y. A ,s 1' .;t: le, rtr,' , ,EnipmpiN;+ '� ` .'� it '$1 ^t4 r t• *p -: H1 Staff Report—Lake Point February 7,2003 Page 2 BACKGROUND The Comprehensive Guide Plan shows this property as Low Density Residential for up to 2.5 ' units per acre. Surrounding land uses consist of Low Density Residential,with single-family R1- 13.5 to the north, east and south, and multi-family RM-6.5 to the west. McCoy Lake is located on the south portion of the property. PRELIMINARY PLAT The proposal is to rezone the property from Rural to R1-13.5 and subdivide the 10 acre site into 12 single-family lots. Gross density for the property is 1.2 units per acre. Net density(less McCoy Lake)is 1.56 units per acre. Surrounding densities are 1.88 units per acre for Ridgewood West to the north and east, 1.9 units per acre for Stan-wood to the south, and 3.68 units per acre for Boulder Ridge 2"a to the west. The proposed density is less than the surrounding area. Lot sizes range between 13,555 square feet and 25,400 square feet, with an average lot size of 18,737 square feet meeting code. City code requires a minimum lot frontage on a public street of 85 feet, 55 feet on the cul-de-sac portion. Lots 4 and 5 do not meet this requirement and will need a waiver through the PUD. S}IORELAND CODE The property is in a Shoreland area since it is located within 1,000 feet of the Ordinary High Water Level of McCoy Lake. This lake is classified as Natural Environment Water. Lots within 150 feet of the lake are considered abutting lots and must meet the following requirements. • Minimum lot size-40,000 square feet • Minimum lot width at building line- 150 feet • Minimum lot width at Ordinary High Water Level—150 feet • Minimum setback from Ordinary High Water Level— 150 feet Lots 5, 6, 7, and 8 are abutting lots. Minimum lot width and setback requirements meet code. These lots do not meet the minimum lot size of 40,000 square feet and will require a waiver. Within a Shoreland area no development or alteration is permitted on a bluff which is a slope that averages 30%or greater. No bluff exists on the property. The shore impact zone is located within 75 feet of the ordinary high water level of the lake. No development or alteration is allowed within this zone. To minimize tree loss on the project, the storm water pond is proposed to encroach into this area, and will require a waiver. 150 Staff Report—Lake Point February 7,2003 Page 3 PLANNED UNIT DEVELOPMENT WAIVERS The following waivers are requested as part of the PUD: 1. Lot 4 without lot frontage on a public road, and Lot 5 with 20 feet of lot frontage on a public road. City code requires 85 feet. The waiver permits development to occur in the southeast portion of the property without additional significant tree loss,with less impervious surface, and at a density less than the surrounding area. 2. Shoreland abutting lot sizes of 25,269 square feet for Lot 5; 22,922 square feet for Lot 6; 20,926 square feet for Lot 7; and 26,400 square feet for Lot 8. City code requires abutting lot size of 40,000 square feet for a Natural Environment Water. These lots could be platted to the south property line to meet the code. The waivers result from the City's request for a dedicated outlot for McCoy Lake and the storm water pond. 3. Alteration within the shore impact zone. City code prohibits alteration within a shore impact zone. The storm water:pond is located in this area to saves numerous significant oak trees located upland on the slope. WETLANDS A narrow strip of wetland has been delineated along the shoreline of McCoy Lake. No alteration is proposed within the delineated wetland area. Due to winter conditions, the wetland delineation has not yet been verified by the Watershed District. This will be completed when weather permits, and prior to any grading permit and/or final plat release for the property. GRADING AND TREE LOSS There are 1,377 diameter inches of significant trees on the property. The City Forester has determined tree loss of 631 diameter inches, or 46%. Many of the significant trees were planted by the property owner in the northeast portion of the property where development would normally occur. Tree replacement is 385 caliper inches. The tree replacement plan meets this requirement. UTILITIES The project will connect to municipal sewer located adjacent to Mitchell Road. City water will come from Cumberland Road. Storm water will be treated to NURP standards. 151 Staff Report—Lake Point February 7,2003 Page 4 PEDESTRIAN SYSTEM A five-foot wide concrete sidewalk is proposed along the south side of Cumberland Road from the east side of Westridge Drive to Mitchell Road. CONCLUSION The Board should discuss the following questions: 1. Is the subdivision consistent with the surrounding area? 2. Do the waivers for the project result in a better plan than if no waivers are granted? 3. What are the site impacts? Are the impacts minimal and mitigated? The project is consistent with the densities in the area. The waivers result in the dedication of an outlot for the protection of McCoy Lake; saving a large stand of significant oak trees, and reducing impervious surface for the development. STAFF RECOMMENDATION Staff recommends approval of the following request: • PUD Concept Review on 10 acres. • PUD District Review with waivers on 10 acres. • Zoning District Change from Rural to R1-13.5 on 10 acres. • Preliminary Plat of 10 acres into 12 lots, one outlot and road right-of-way. This is based on plans dated February 6, 2003, the staff report dated February 7, 2003, and the following conditions: 1. Prior to release of the final plat,the proponent shall: A. Provide written verification from the Watershed District regarding the delineation of the wetland. B. Dedicate Outlot A to the City. 2. Prior to grading permit issuance, the proponent shall: A. Notify the City and Watershed District 48 hours in advance of grading. B. Install erosion control on the property, as well as tree protection fencing at the grading limits in the wooded areas for trees to be preserved as part of the development. Said fencing shall be field inspected by the City Forester prior to any grading. I 5 Staff Report—Lake Point February 7,2003 Page 5 C. Provide written verification from the Watershed District regarding the delineation of the wetland. D. Submit detailed storm water runoff, utility, and erosion control plans for review and approval by the City Engineer and Watershed District. E. Properly abandon all private wells and septic systems on•the property. 3. Prior to building permit issuance for the property,the proponent shall: A. Provide a tree replacement surety equivalent to 150% of the cost of the tree replacement improvements indicated on the approved plan. B. Pay the Cash Park Fee. 4. The following waivers have been granted through the PUD District Review for the property: A. Lot 4 without lot frontage on a public road and Lot 5 with 20 feet of lot frontage on a public road. City code requires 85 feet. B. Shoreland abutting lot sizes of 25,269 square feet for Lot 5; 22,922 square feet for Lot 6; 20,926 square feet for Lot 7; and 26,400 square feet for Lot 8. City code requires abutting lot size of 40,000 square feet for a Natural Environment Water. C. Alteration within the shore impact zone. City code prohibits alteration within a shore impact zone. l53 Planning Board Minutes February 10,2003 Page 2 V. PUBLIC HEARINGS A. LAKE POINT by Taurus Properties, Inc. Request for Planned Unit Development Concept Review on 10 acres, Planned Unit Development District Review with waivers on 10 acres, Zoning District Change from Rural to R1-13.5 on 10 acres, and Preliminary Plat of 10 acres into 12 lots, 1 outlot and road right-of-way. Location: Southeast corner of Mitchell Road and Cumberland Road. Duane Dietrich of Taurus Properties introduced the project. He stated the site consists of 12 lots. The site is contoured severely which allows for only 55% usable land, the remainder consists of lake, shoreland and impact areas. Four of the lots back up to McCoy Lake. These lots will have 150 foot setbacks from the lake and 150 foot widths. Initially, Outlot D was considered for a NURP pond but it didn't work because of the impact it would have on the wetland area. To conserve mature oak trees the NURP pond was situated between the rear four lots and McCoy Lake. Michael Franzen, City Planner, stated that the project is consistent with densities in the area. The waivers result in the dedication of an outlot for the protection of McCoy Lake saving a large stand of significant oak trees; allowing room for a stormwater treatment pond and reducing impervious surface for the development. The Staff recommendation is for approval according to the recommendations on pages 4 and 5 of the staff report. Nelson asked since Outlot D is no longer being considered for a treatment pond, what the lot will be used for. Al Gray, City Engineer, responded the lot is owned by the City. Stoelting asked whether Lots 4 and 5 shared a driveway. Franzen replied that they do and it's common in areas with trees, slopes and shoreland areas for homes to share driveways. He said the Boulder Point development has houses on each side of a private road. This was done to minimize tree loss. Stoelting said that it seems tree loss was a major consideration for configuration of the lots on this site. He asked Franzen if this configuration had not been used, what the tree loss would have been. Franzen replied it would have impacted the stand of oak trees on the southeast side of the site. He said looking at the densities in the area this is a lower density. Other projects in that area were developed prior to the development of tree, shoreland and wetland ordinances. This plan is a better environmental design. Nelson asked if there will be signage along the rear of the lots abutting McCoy Lake so that homeowners don't take out the trees. Stu Fox, Manager of Parks and Natural Resources, responded they would put up signage that it is City property. MOTION by Stoelting, second by Nelson, to close the public hearing. Motion carried, 7-0. I 541 Planning Board Minutes February 10,2003 Page 3 MOTION by Stoelting, second by Nelson, to approve the Planned Unit Development Concept Review on 10 acres, Planned Unit Development District Review with waivers on 10 acres, Zoning District Change from Rural to R1-13.5 on 10 acres, and Preliminary Plat of 10 acres into 12 lots, 1 outlot and road right-of- way,based on plans dated February 6, 2003, and subject to the recommendations of the staff report dated February 7,2003,to the City Council. Motion carried,7-0. i55 CITY COUNCIL AGENDA DATE: 03/18/03 SECTION: Public Hearings DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Management and Budget/Planning Donald R.Uram Hennepin Village 2nd Addition , J' Michael D.Franzen Requested Action • Close the Public Hearing; and • Adopt the Resolution for Comprehensive Guide Plan Change from Low Density Residential to Medium Density Residential on 2.9 acres, from Office to Medium Density Residential on 4.5 acres, from Public to Office on 1.2 acres, and from Public to Medium Density Residential on .4 acres; and • Adopt the Resolution for PUD Concept Amendment on 151.43 acres; and • Approve 1st Reading of the Ordinance for PUD District Review on 64.9 acres and Rezoning from Rural to R1-9.5 on 16.9 acres, and Rezoning from Rural to RM-6.5 on 48 acres; and • Adopt the Resolution for Preliminary Plat of 1.51.43 acres into 436 lots, 5 outlots, and road right of way; and • Direct Staff to prepare a Developer's Agreement incorporating Staff and Board recommendations and Council conditions. Synopsis In February 2002, the City Council gave final approval to the Hennepin Village Planned Unit Development which include residential sites A,B, C, and D, office and neighborhood commercial. Site A was rezoned to R1-9.5 and RM-6.5. The developer wants to proceed with building a portion of Sites C and D. The next development phase of Hennepin Village is the rezoning for 113 single family homes and 330 townhouses. The office and neighborhood commercial areas are not proposed for rezoning at this time. There are three amendments to the approved plan. • Adding 2.9 acres of land along the east side of Spring Road. This land is guided Low Density Residential. This land is proposed for Medium Density Residential. • Adding 1.6 acres of land owned by the MAC. This land is proposed for Office. • Changing 4.5 acres of land from Office to Medium Density Residential Community Planning Board Recommendation • The Community Planning Board voted 7-0 to recommend approval of the project to the City Council at the February 10, 2003 meeting. 156 City Council Public Hearing—Hennepin Village 2nd Addition March 18,2003 Background Guide Plan Amendments The proposed guide plan amendments are minor and are consistent with the surrounding land uses. Reasons to consider the guide plan changes are; • Mixed land use • Create land use compatibility • 71 acres of dedicated public open space as part of the overall master plan • Preservation of historic, cultural, and archaeological resources as part of the overall master plan Planned Unit Development Waivers Waivers from the City Code are required for density, lot size, lot dimensions and setbacks. These are the same waivers that were approved for Site A. Reasons for granting the waivers are the unified"historic" architectural theme and 71 acres of dedicated open space. Transition between Office and Residential The proposed housing along Junegrass lane is approximately 25 feet higher than the proposed office sites. Due to requirements for ponding there is not enough room to construct a berm high enough to screen views of the parking and loading areas. The transition plan must rely solely on the use of landscaping. The plan has been revised since the Community Planning Board meeting by reducing the parking setback along Charlson Road to provide more room for additional landscaping. Traffic and Road Improvements The following roadway improvements are required in conjunction with the development of Hennepin Village: • Construction of Charlson Road between Spring Road(CSAH 4) and TH 212. • Installation of a traffic signal at the TH 212/Charlson Road intersection. If this occurs in advance of the upgrade of TH 212 the second westbound through lane on TH 212 is required through the Charlson Road intersection concurrent with the installation of the traffic signal. • Charlson Road grades should be revised to coordinate with planned airport building area berms. Tree Replacement There are 8,222 diameter inches of significant trees in Sites C and D. A total of 8,222 diameter inches will be lost due to construction. Most of the trees are cedar and concentrated near Spring Road. The required tree replacement is 10,935 inches (133%) for Sites C and D. The proponent initially asked the Community Planning Board to consider a waiver from the City code to 15-7 City Council Public Hearing—Hennepin Village 2nd Addition March 18,2003 replace only 8,222 inches. The staff and the Board did not support the waiver. The staff suggested that since there are 51 acres of open space in Site B, any trees saved in this area can be used to reduce the total tree loss and tree replacement in the planned unit development. If Site B is included,there are 23,266 inches of trees in the planned unit development. The planned unit development tree loss would be 12,365 (53%)The required tree replacement would be 8,740 inches. Site B is not proposed for development at this time and is not presently owned by Pemtom Land Company. In order to use the trees in Site B now,the owner must grant the City a conservation easement over the 51 acres of open space. The owner does not want to grant the easement at this time. The staff recommends 10,935 inches of tree replacement. There are restoration areas in Sites A, C, and D where additional replacement can be located. The minimum tree size can also be increased. Future Pedestrian Crossing The City plans to utilize the existing cattle crossing under T.H. 212 at the future intersection of Charlson Road as a grade separated pedestrian crossing. The site plan for the northeast quadrant of future Charlson Road and T.H. 212 should be coordinated with the need for pedestrian access from Charlson Road right-of-way to the north end of the future pedestrian underpass of T.H. 212. Attachments 1. Resolution for Comprehensive Guide Plan Change 2. Resolution for PUD Concept Review 3. Resolution for Preliminary Plat 4. Community Planning Board minutes dated February 10, 2003 5. Staff report dated February 7, 2003 HENNEPIN VILLAGE 2ND ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2003- A RESOLUTION AMENDING THE COMPREHENSIVE MUNICIPAL PLAN WHEREAS, the City of Eden Prairie has prepared and adopted the Comprehensive Municipal Plan("Plan"); and WHEREAS, the Plan has been submitted to the Metropolitan Council for review and comment; and WHEREAS, the proposal of Hennepin Village 2nd Addition by Pemtom Land Company is for a residential subdivision for 113 single-family lots and 330 townhouses. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Eden Prairie, Minnesota, hereby adopts the amendment of the Plan subject to Metropolitan Council approval as follows: 2.9 acres from Low Density Residential to Medium Density Residential, 4.5 acres from Office to Medium Density Residential, 1.2 acres from Public to Office, and .4 acres from Public to Medium Density Residential, located south of Flying Cloud Airport, east of Eden Prairie Road, and north of Highway 212. Hennepin Village 2nd Addition, being in Hennepin County, Minnesota, legally described as outlined in Exhibit A, is attached hereto and made a part hereof. ADOPTED by the City Council of the City of Eden Prairie this 18th day of March, 2003. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen A. Porta, City Clerk EDIT A FROM LOW DENSITY RESIDENTIAL TO MEDIUM DENSITY RESIDENTIAL That part of the South 1/2 of the South 1/2 of the Northwest Quarter of Section 28, Township 116,Range 22 lying easterly of the center line of Hennepin County Road No. 4 and westerly of the following described line: Commencing at the Southeast corner of said Northwest Quarter; thence West along the South line thereof for a distance of 809.39 feet; thence Northwesterly deflecting to the right 80 degrees 30 minutes for a distance of 673.60 feet to the North line of said South Half of the South Half of the Northwest Quarter and being the point of beginning of the line to be described; thence Southeasterly deflecting right 180 degrees a distance of 484.49 feet; thence Southeasterly along a tangential curve concave to the Northeast having a radius of 620 feet, a distance of 197.66 feet to the South line of said Northwest Quarter and there terminating. FROM OFFICE TO MEDIUM DENSITY RESIDENTIAL That part of Tract D, Registered Land Survey No. 1667,Files of the Registrar of Titles, Hennepin County Minnesota described as follows: Commencing at the northeast corner of said Tract D; thence South 89 degrees 09 minutes 06 seconds West, assumed bearing along the north line of said Tract D, a distance of 2,430.92 feet to the actual point of beginning; thence continue South 89 degrees 09 minutes 06 seconds West along said north line, a distance of 677.72 feet to the center line of Hennepin County Road No. 4; thence South 50 degrees 09 minutes 19 seconds West, along said center line, a distance of 232.74 feet; thence South 39 degrees 50 minutes 41 seconds East, a distance of 65.51 feet; thence South 89 degrees 25 minutes 12 seconds East, a distance of 474.99 feet; thence South 58 degrees 46 minutes 59 seconds East, a distance of 228.42 feet; thence southerly, along a non-tangential curve, concave to the east, having a radius of 380.00 feet, a central angle of 06 degrees 30 minutes 35 seconds, and an arc length of 43.17 feet, the chord of said curve bears South 04 degrees 23 minutes 09 seconds West; thence South 01 degrees 07 minutes 51 seconds West, tangent to last described curve, a distance of 302.69 feet; thence South 88 degrees 52 minutes 09 seconds East, a distance of 59.00 feet; thence North 01 degrees 07 minutes 51 seconds East, a distance of 302.69 feet; thence northeasterly, along a tangential curve, concave to the southeast, having a radius of 321.00 feet and a central angle of 53 degrees 53 minutes 12 seconds, having an arc distance of 301.90 feet; thence North 66 degrees 24 minutes 37 seconds East, not tangent to the last described curve, a distance of 29.11 feet; thence northwesterly, along a non-tangential curve, concave to the northeast, having a radius of 620.00 feet, a central angle of 12 degrees 13 minutes 27 seconds, and an arc length of 132.28 feet, the chord of said curve bears North 34 degrees 43 minutes 39 seconds West to the point of beginning and there terminating. FROM PUBLIC TO OFFICE That part of Tract D, Registered Land Survey No. 1667, Files of the Hennepin County Registrar of Titles, described as follows: Beginning at a point on the east line of said Tract D distant 993.17 feet south of the northeast corner thereof; thence North 72 degrees 17 minutes 46 seconds West, assuming the east line of said Tract D bears South 00 degrees 12 minutes 14 seconds East, a distance of 2043.54 feet to the point of beginning of the parcel to be described; thence continuing North 72 degrees 17 minutes 46 seconds West, a distance of 138.24 feet; thence northwesterly along a tangential curve concave to the northeast,having a radius of 620.00 feet, an included angle of 43 degrees 40 minutes 51 seconds for an arc length of 472.67 feet to the north line of said Tract D; thence North 89 degrees 09 minutes 06 seconds East, along said north line, a distance of 269.05 feet; thence South 25 degrees 11 minutes 51 seconds East, a distance of 126.36 feet;thence southeasterly along a tangential curve concave to the northeast, having a radius of 735.00 feet, an included angle of 21 degrees 53 minutes 23 seconds for an arc length of 280.81 feet to the point of beginning. • 16( HENNEPIN VILLAGE 2ND ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2003- A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF HENNEPIN VILLAGE 2ND ADDITION FOR PEMTOM LAND COMPANY • 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 February 10,2003 by Pemtom Land Company 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 March 18, 2003. NOW,THEREFORE,BE IT RESOLVED by the City Council of Eden Prairie,Minnesota, as follows: 1. Hennepin Village 2nd Addition, 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 February 7 and February 20, 2003. 3. That the PUD Concept meets the recommendations of the Community Planning Board dated February 10, 2003. ADOPTED by the City Council of the City of Eden Prairie this 18th day of March, 2003. Nancy Tyra-Lukens, Mayor Kathleen A. Porta, City Clerk / D, EXHIBIT A PUD Concept-Hennepin Village 2nd Addition PARCEL 1 (Site A): That part of the South One Half of the South One Half of the Northwest Quarter of Section 28, Township 116, Range 22, lying westerly of the Center line of Hennepin County Road No. 4, which lies southerly and southeasterly of the following described line to-wit; Beginning at a point in the centerline of County Road No. 4, from which a line drawn perpendicular to said centerline in a northwesterly direction would intersect the east line of the Southwest Quarter of the Northwest Quarter of said Section 28 at a point thereon 150 feet North of the southeast corner of said Southwest Quarter of the Northwest Quarter of said Section 28; thence northwesterly from said point of beginning along said perpendicular line for a distance of 240.51 feet; thence southwesterly parallel to the center line of said Hennepin County Road No. 4 for a distance of 489.45 feet more or less to the south line of said Northwest quarter of said Section 28 and there terminating. (Now known as the plat of HENNEPIN VILLAGE) PARCEL 2 (Site B): Outlot A and Lot 3, Block 1, SPRING HEIGHTS, according to the recorded plat thereof, Hennepin County Minnesota. ALSO: That part of the Northeast Quarter of the Southeast Quarter of Section 29, Township 116, Range 22, Hennepin County Minnesota, lying northwesterly of the centerline of Hennepin County State Aid Highway No 4. Excepting therefrom the following described tract: Commencing at the northeast corner of said Northeast of the Southeast Quarter; thence on a assumed bearing of South, along the east line thereof, a distance of 522.70 to the actual point of beginning; thence continue South, along said east line, a distance of 383.94 feet; thence North 15 degrees 46 minutes 19 seconds West, a distance of 358.33 feet; thence Northeasterly to the point of beginning. ALSO: Tracts A &B, RLS No. 465, Files of the Registrar of Titles, Hennepin County Minnesota. ALSO: That part of the Southeast Quarter of the Northeast Quarter of Section 29, Township 116, Range 22, Hennepin County Minnesota, lying easterly of the centerline of Old Shakopee Road, lying northerly of the RLS No 465, Files of the Registrar of Titles, Hennepin County Minnesota and lying southerly of the following described line: Commencing at the southeast corner of said Southeast Quarter of the Northeast Quarter; thence northerly, along the east line of said Southeast Quarter of the Northeast Quarter, a distance of 681.13 feet to the actual point of beginning of the line to be described: /63 thence westerly, deflecting to the left 87 degrees 43 minutes 44 seconds to the centerline of Old Shakopee Road and said line there terminating. PARCEL 3 (Site C): That part of Tract D, Registered Land Survey No. 1667, Files of the Registrar of Titles, Hennepin County Minnesota, lying southeasterly of the centerline of Hennepin County Road No. 4, except that part of said Tract D which lies northerly of a line described as beginning at a point on the east line of said Tract D distant 993.17 feet south of the northeast corner thereof; thence Northwesterly at an angle of 72 degrees 05 minutes 32 seconds as measured from north to west a distance of 2181.78 feet; thence northwesterly along a tangential curve concave to the northeast, having a radius of 620.00 feet, a distance of 472.68 feet more or less to the north line of said Tract D distant 777.71 feet west of the center quarter corner of Section 28, Township 116, Range 22, and said line there terminating. (Now known as Tracts A and B of Registered Land Survey No. 1730.) PARCEL 4 (Site D): Tract A,RLS No. 1629,Files of the Registrar of Title,Hennepin County,Minnesota. Together with an easement for road and utility purposes over a strip of land 60 feet in width, being 30 feet on each side of the following described center line, to-wit: Beginning at a point in the North line of the above described tract, distant 74 feet East of the northwest corner thereof; thence North 2 degrees 49 minutes East, 98.5 feet; thence North 00 degrees 6 minutes West, 146.85 feet; thence North 3 degrees 10 minutes West, 179.9 feet; thence North 6 degrees 16 minutes West, 89.5 feet; thence North 1 degree 31 minutes 30 seconds East to the southerly line of County Road 4 and there terminating. PARCEL 5: That part of Tract D, RLS No. 1667, Files of the Registrar of Titles, Hennepin County Minnesota, lying northwesterly of the centerline of Hennepin County Road No. 4, except that part lying southerly and southwesterly of the following described line; Commencing at the northwest corner of said Tract D; thence on a assumed bearing of South, along the west line of said Tract D, a distance of 522.70 feet to the point of beginning of the line to be described; thence North 68 degrees 07 minutes 41 seconds East, a distance of 81.85 feet; thence South 53 degrees 05 minutes 30 seconds East, to the southerly line of said Tract D and said line there terminating. (Now known as the plat of HENNEPIN VILLAGE) PARCEL 6: That part of the South One Half of the South One Half of the Northwest Quarter of Section 28, Township 116, Range 22, lying westerly of the Center line of Hennepin County Road No. 4, which lies northerly and westerly of the following described line; Beginning at a point in the centerline of County Road No. 4, from which a line drawn perpendicular to said centerline in a northwesterly direction would intersect the east line of the Southwest Quarter of the Northwest Quarter of said Section 28 at a point 150 feet North of the southeast corner of said Southwest Quarter of the Northwest Quarter of said Section 28; thence northwesterly from said point of beginning along said perpendicular line for a distance of 240.51 feet; thence southwesterly parallel to the center line of said Hennepin County Road No. 4 for a distance of 489.45 feet more or less to the south line of said Northwest quarter of said Section 28 and there terminating. Excepting that portion lying northerly of the following describe line; Commencing at the northwest corner of said South One Half of the South One Half of the Northwest Quarter of Said Section 28; thence easterly along the north line thereof, a distance of 299.16 feet to the point of beginning of the line to be described; thence easterly, deflecting to the right 03 degrees 25 minutes 15 seconds, a distance of 1443.72 feet to the centerline of said Hennepin County Road No. 4 and said line there terminating. (Now known as the plat of HENNEPIN VILLAGE) PARCEL 7: That part of the South 1/2 of the South 1/2 of the Northwest Quarter of Section 28, Township 116, Range 22 lying Easterly of the center line of Hennepin County Road No. 4 and Westerly of the following described line; Commencing at the Southeast corner of the Northwest Quarter of said Section 28; thence Westerly along the South line of said Northwest Quarter a distance of 890.50 feet to the point of beginning of the line to be described; thence deflecting to the right 80 degrees 30 minutes a distance of 419.8 feet more or less to the centerline of County Road No. 4 and there terminating, except that part lying Westerly of the following described line: Commencing at the Southeast corner of the Northwest Quarter of said Section 28; thence Westerly along the South line of said Northwest Quarter a distance of 1023.50 feet to the point of beginning of the line to be described; thence deflecting to the right 80 degrees 30 minutes a distance of 313.63 feet more or less to the centerline of County Road No. 4 and there terminating, Hennepin County, Minnesota. PARCEL 8: That part of the South 1/2 of the South 1/2 of the Northwest Quarter of Section 28, Township 116, Range 22 lying Easterly of the center line of Hennepin County Road No. 4 and Westerly of the following described line; Commencing at the Southeast corner of the Northwest Quarter of said Section 28; thence Westerly along the South line of said Northwest Quarter a distance of 1023.50 feet to the point of beginning of the line to be described; thence deflecting to the right 80 degrees 30 minutes a distance of 313.63 feet, more or less, to the centerline of County Road No. 4 and there terminating, Hennepin County, Minnesota. PARCEL 9: That part of the South Half of the South Half of the Northwest Quarter of Section 28, Township 116, Range 22,Hennepin County, Minnesota, described as follows: Beginning at the Southeast corner of said Northwest Quarter; thence West along the South line thereof a distance of 890.50 feet; thence Northwesterly deflecting right 80 degrees 30 minutes to the centerline of County Road No. 4; thence Northerly along said /CS centerline to the North line of said South Half of the South Half of the Northwest Quarter; thence East along the North line thereof to the Northeast corner thereof; thence South along the East line of said Northwest Quarter to the point of beginning, which lies westerly of the following described line: commencing at the Southeast corner of said Northwest Quarter; thence West along the South line thereof for a distance of 809.39 feet; thence Northwesterly deflecting to the right 80 degrees 30 minutes for a distance of 673.60 feet to the North line of said South Half of the South Half of the Northwest Quarter and being the point of beginning of the line to be described; thence Southeasterly deflecting right 180 degrees a distance of 484.49 feet; thence Southeasterly along a tangential curve concave to the Northeast having a radius of 620 feet, a distance of 197.66 feet to the South line of said Northwest Quarter and there terminating. PARCEL 10: That part of the Southeast Quarter of Section 28,Township 116,Range 22,Hennepin County,Minnesota lying easterly and southerly of Tract D,Registered Land Survey No. 1667, files of the Hennepin County Registrar of Titles and lying northerly of Flying Cloud Drive, EXCEPT that part of said Southeast Quarter which lies northerly of a line described as beginning at the Southeast corner of the Northeast Quarter of the Southeast Quarter;thence North 72 degrees 17 minutes 46 seconds West, assuming the east line of said Southeast Quarter bears North 00 degrees 17 minutes 55 seconds West, a distance of 1045.32 feet to the east line of said Tract D and said line there terminating. i HENNEPIN VILLAGE 2ND ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2003- RESOLUTION APPROVING THE PRELIMINARY PLAT OF HENNEPIN VILLAGE 2ND ADDITION FOR PEMTOM LAND COMPANY BE IT RESOLVED,by the Eden Prairie City Council as follows: That the preliminary plat of Hennepin Village 2nd Addition for Pemtom Land Company dated February 7 and February 20,2003, and consisting of 151.43 acres into 436 lots, a copy of which is on file at the City Hall,is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 18th day of March, 2003. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen A. Porta, City Clerk 167 Planning Board Minutes February 10,2003 Page 4 B. HENNEPIN VILLAGE - SITES C & D by Pemtom Land Company. Request for Comprehensive Guide Plan Change from Low Density Residential to Medium Density Residential on 2.9 acres, Comprehensive Guide Plan Change from Office to Medium Density Residential on 4.5 acres, Comprehensive Guide Plan Change from Public to Office on 1.2 acres, Comprehensive Guide Plan Change from Public to Medium Density Residential on .4 acres, Planned Unit Development Concept Amendment on 151.43 acres, Planned Unit Development District Review on 64.9 acres, Zoning District Change from Rural to R1-9.5 on 16.9 acres, Zoning District Change from Rural to RM-6.5 on 48 acres, Site Plan Review on 48 acres, and Preliminary Plat of 151.43 acres into 443 lots, 5 outlots, and road right of way. Location: North of Hwy. 212, east of Spring Road. Dan Herbst of Pemtom introduced the project. He said in 2002, the original plan was approved and has been developed in phases (A,B, C &D). He said the plan was to develop sites A and B first. Because of the scheduling of utilities and with A being ready for houses, sites C and D are the next phase. He stated that part of the site has been sold to MAC. The entrance to the site will include a monument built of Chaska brick and Minnesota limestone and the area will be heavily landscaped. There will be a community center, an existing barn that will be restored and a windmill. There will be a circular parking area,pool and tennis courts. The homes will be made up of three designs: Village, Carriage and Heritage homes. There will be trails and a park incorporated into the site and in the northeastern part of the property there will be retail and office. Franzen stated the proposed plan is consistent with the approved overall plan. With the exception of the addition of a few properties to make the project larger, all of the design features are relatively the same. There are two issues to discuss. The first is the transition from residential to office. Residents will be concerned about their view once the homes are built. The developer has two options. The first is to change the office buildings from one and two story office buildings to two and three story buildings. This will reduce the building footprint and will create additional open space for landscaping. The second option is to reduce the parking setback along Charlson Road to 17.5 feet. This would be a waiver from the City Code. Then this footage could be transferred to the common rear property lines which would create space for additional landscaping. The developer is requesting a waiver from City Code to replace 8,222 inches of trees rather than the required tree replacement which is 10,935 inches. Staff does not support this waiver. There are 51 acres of open space to be dedicated to the City with the development of Site B. Any trees saved in this area can be used to reduce the total tree loss and tree replacement in the planned unit development. The grading and drainage plan had been going through an evolutionary process going from wet ponds to dry ponds. Part of the agreement with MAC has to do with how much water is in the ponds. They are dry ponds and the pond closest to the clubhouse will be dry all the time. The ponds near the homes will not have liners and are designed so that the water will absorb into the ground. The question is how much larger the dry ponds are in Planning Board Minutes February 10, 2003 Page 5 comparison to the wet ponds. It shouldn't impact the design of the office area. Staff is recommending approval of the project according to recommendations in the staff report. Brooks asked if Herbst agreed with Fran7en's recommendation. Herbst stated he does not think it's appropriate in the soft market of today to build 2 and 3 story office buildings that he's not sure will even be leased. Franzen responded that this is just an option. Stoelting asked about the parking. He said the plans for multi family show two parking spots provided for each unit. Franzen responded that in the single family area there is space allowed for parking on the streets. The driveways are too short to allow parking. The multi-family could have two cars in front of each garage and parking would be allowed on the street. Stoelting asked if staff anticipated a lot of parking on the streets and if the streets will be a little wider to allow this additional parking. Gray responded they aren't any wider than standard streets as it's a compact urban area and they are all private streets. He said if parking becomes a problem within the project, the homeowner's association will deal with the it, not the City. Stoelting asked Herbst about a temporary drive for Phase I construction and how that would be utilized. Herbst responded that this is a current access for the David Brown property that he would like to continue using until two other access points are built at which time this access will be closed off. Stoelting asked about the four foot visibility fence around the perimeter of the property. Herbst responded that City staff was concerned about people going out and using the bluff area for dogs, etc. The fencing will prevent them from using the property. Stoelting asked about the mail box stations. He asked in conjunction with the street parking, how the stations work. Whether there was an area to park to get the mail. Herbst responded that there are a number of stations throughout the site. Residents can pull up to the station in their vehicles to get mail. The stations are protected from inclement weather. There are approximately sixteen mail boxes per station. Steppat asked when the office/retail section will be developed. Herbst responded that he'd like to have it developed by a major developer who deals with commercial properties. The market is currently very soft so it may be 5—8 years before it's developed. Steppat asked the price ranges of the homes. Herbst responded the Carriage is in the low 200,000's, Heritage is in the high 200,000's, the single family homes will be between$325,000 - 350,000, and the Wooddale townhomes will be in the high 400,000's. Steppat asked Gray if road improvements need to be made. Gray responded Spring Road is where there needs to be changes and they are already planned for this next /(9 Planning Board Minutes February 10,2003 Page 6 summer. The improvements of the intersection of Charlson and 212 would need to be in place when the office area is developed. Nelson asked why Herbst is developing C &D since A is just in the beginning stages. Herbst responded because of the tremendous amount of fill that had to be removed,it's taken a while to get started. Sales of the lots have been very good. Wooddale and Ryland would like to build models on site C by the fall of 2003. It's hard to market without models.Nelson asked if the models on site A are the same distance apart as the homes in the neighborhood will be. Herbst responded they would. Nelson stated that the Heritage homes in the plans don't seem to have an old look to them. Herbst stated they are meant to look older with the colors,pitch of the roof and other building materials and the surroundings such as fences, landscaping and neighborhood amenities will add to that look. Nelson stated that the distance between the homes seems close but not as much as I expected. Herbst responded that the inside of the homes gives the feeling that they're not as close. Windows are situated in such a way that they are not looking out on the house next door. Nelson stated her concern about the office area and how the neighborhood will be affected by that. Herbst responded there will be a disclosure statement signed by homeowners so that they are aware of this eventual office product. Corneille asked about the original comments made by Mr. Herbst regarding the transition between office and residential and what the issues are and what staff has recommended. Franzen responded that the goal is to add more open space between the slope on the pond and the parking lot, doubling the size of that area. In order to do that the developer could build out closer to Charlson Road. The developer still has the option of going through rezoning process before homes are built. The board should recommend that the developer,when developing the office area,provide a larger green space between the office space and residential. The only options are to go up with 2 or 3 story buildings or go with a reduced setback. Stoelting asked about the tree replacement issue where the developer is asking for a waiver on the amount of tree replacement. He asked if this was tied into the office and residential transition area. Franzen stated that at the time they put the staff report together they didn't know the number of trees that would be saved in site B. Staff doesn't support waivers for tree replacement. There is a sliding scale of tree replacement which is designed to preserve trees. There are clusters of trees in the project that can't be worked around and need to be removed. There won't be a need for a waiver if the tree numbers are accurate for site B. Staff will make adjustments as the plans progress and will advise the Board on the final numbers. Seymour asked whether the proposed Charlson Road improvements at the intersection of 212 would be done now or at a later date. Gray responded, the intersection will be built at a later date as it's part of the overall Charlson project. He said that that portion of the project may be transferred from the City's responsibility to the developers and that would change the time frame for the 11-0 Planning Board Minutes February 10,2003 Page 7 improvement of that intersection. Charlson Road will be done in phases,the intersection will need to be completed when the office area is developed. Seymour asked if there would be more than one entrance into the residential area off of Charlson Road. Gray responded there would be one entrance off Charlson Road and possibly a temporary entrance off Spring Road. Eventually when the intersection is done there will be two entrances off Charlson Road and the Spring Road entrance will not longer be used. Foote asked if Spring Road would accommodate the additional traffic. Gray responded that traffic will head out to the Spring Road/Pioneer Trail intersection and he wouldn't anticipate any problems. Corneille asked Herbst to comment on staffs suggestions for the transition from residential to office. Herbst responded if he could do the landscaping he would but, there is no place left to plant trees. Regarding the 2 or 3 story office buildings,the economy won't support that much office. He said he realizes the importance of making sure the office area is appropriately screened. Stoelting asked about Miller Spring and where it is in relationship to the development. Fox responded there is a plan with the Watershed district to change the area. Nelson asked if it would work for homes nearest to the office area to be built last and that way people will see the office area before the houses are built. Herbst stated that restricting the building of the homes would not be beneficial since the market is good for residential housing. The office market is very soft currently but if it were to turn around the homes and the office area could be built simultaneously. Foote stated he is concerned about the roadway system and the fact that the Charlson/212 intersection won't be improved until the office area is built in 5 - 8 years. Gray responded that as a City project, that would be the case. If it became the developer's project, it could be done sooner. It's important that Spring Road and the Charlson improvements are done at separate times since Spring Road would be closed for two months when it's upgraded. The grade of 212 needs to be changed in order to upgrade the Charlson/212 intersection. This will result in a reduction of traffic on 212 during construction. The 212 road improvements are public projects assessed to abutting property owners. Foote stated he is concerned that down the road if there are traffic problems with the new development,the road improvements may need to be moved up. MOTION by Stoelting, second by Steppat, to close the public hearing. Motion carried, 7-0. MOTION by Stoelting, second by Brooks, to approve the request for Comprehensive Guide Plan Change from Low Density Residential to Medium Density Residential on 2.9 acres, Comprehensive Guide Plan Change from Office to Medium Density Residential on 4.5 acres, Comprehensive Guide Plan Change from I -7I Planning Board Minutes February 10,2003 Page 8 Public to Office on 1.2 acres, Comprehensive Guide Plan Change from Public to Medium Density Residential on .4 acres,Planned Unit Development Concept Amendment on 151.43 acres, Planned Unit Development District Review on 64.9 acres, Zoning District Change from Rural to R1-9.5 on 16.9 acres, Zoning District Change from Rural to RM-6.5 on 48 acres, Site Plan Review on 48 acres, and Preliminary Plat of 151.43 acres into 443 lots, 5 outlots, and road right of way, based on plans dated February 7, 2003, and subject to the recommendations of the staff report dated February 7, 2003, to the City Council. Motion carried, 7-0. Nelson asked again about the transition between homes and office. Corneille responded that he is confident that the planning staff and the developer will work it out. Brooks responded that the developer is working to mitigate this although it's going to be a few years. Steppat stated that he shares Nelson's concerns. Nelson asked how important it is that this area be developed as office or could it be developed for houses. Franzen stated that office must be here as a transition to the airport. Franzen said it's up to the Board to determine a better transition and how that would be accomplished. In addition to the disclosure statement there could be signs posted that say it's the site of a future office development. STAFF REPORT • TO: Community Planning Board FROM: Michael D.Franzen,City Planner • DATE: February 7,2003 SUBJECT: Hennepin Village Planned Unit Development APPLICANT/ Pemtom Land Company OWNER: Lynn Charlson,David Brown LOCATION: South of Flying Cloud Airport, east of Eden Prairie Road, and north of Highway 212 REQUEST: 1. Comprehensive Guide Plan Change from Low Density Residential to Medium Density Residential on 2.9 acres 2. Comprehensive Guide Plan Change from Office to Medium Density Residential on 4.5 acres 3. Comprehensive Guide Plan Change from Public to Office on 1.2 acres 4. Comprehensive Guide Plan Change from Public to Medium Density Residential on.4 acres 5. Planned Unit Development Concept Amendment on 151.43 acres 6. Planned Unit Development District Review on 64.9 acres 7. Zoning District Change from Rural to R1-9.5 on 16.9 acres 8. Zoning District Change from Rural to RM-6.5 on 48 acres 9. Site Plan Review on 48 acres 10. Preliminary Plat of 151.43 acres into 443 lots, 5 outlots, and road right of way 13 Location Map Hennepin Village-Sites C & D i. y,34 T :xay.�,�,������ ,'ice �� :-.''�•••= ,p�k�,"- .tg .. :•;.-.,.__,,�-x.^ ._: . ...«- _t e__ .. :` ' . {� ‘, 1 x .' ..,,. :...ii s 1, ',#_:.t:-_q.. '.-a,macz..V. •' -.,t.? z,:r i4n. :.. ,.•r.:'S:' i, y :^sue: ,r ^yS'-i'".;`•_Y.;,,�`-.w '.1,- ':::.•.�,.-� ;T,,�,^R; 11111‘114'. 1 •.. y.. M1 Y tea Y :µ4 •:. 3T•' 1 'fit y_t x N. ,q,:.,,, flies _,":A -,:' 'y' ,° iI i..k, SUBJECT SITE :vsie.,:-... : y olifik. 1 +max x��` SSrr� ?..t. " :( (AY '' ••tc.+••p.^ '�2•., 3wyr.7rfr l4� ",i.41 3r'A"t k! 'sc?x' 4'4 s i d • 4M �` .:* .a uj i w° .�..., -41 W ri . A , _ .. ..,. .‘ :. . . ,..,...,..„ ,,, ..,..„ ___________ ... . . .. . Flying Cloud Dr, ....--7- Grass Lake _____ \-) N A . ,,,,,, 1 }L! Staff Report—Hennepin Village Planned Unit Development February 7,2003 BACKGROUND In February 2002,the City Council gave final approval to the Hennepin Village Planned Unit Development which include residential sites A,B, C, and D,office and neighborhood commercial. Site A was rezoned to R1-9.5 and RM-6.5. The developer wants to proceed with building a portion of Sites C and D. PROJECT DESCRIPTION The next development phase of Hennepin Village is the rezoning for 113 single family homes and 330 townhouses. The office and neighborhood commercial areas are not proposed for rezoning at this time. PLANNED UNIT DEVELOPMENT AMENDMENT There are three amendments to the approved plan. • Adding 2.9 acres of land along the east side of Spring Road. This land is guided Low Density Residential. This land is proposed for Medium Density Residential. • Adding 1.6 acres of land owned by the MAC. This land is proposed for Office. • Changing 4.5 acres of land from Office to Medium Density Residential GUIDE PLAN AMENDMENTS The proposed guide plan amendments listed above are minor and are consistent with the surrounding land uses. Reasons to consider the guide plan changes are; • Mixed land use • Create land use compatibility • 71 acres of dedicated public open space as part of the overall master plan • Preservation of historic,cultural,and archaeological resources as part of the overall master plan • No significant impact on traffic, drainage,roads,trees, or wetlands. REZONING TO R1-9.5 The R1-9.5 district is proposed on 16.4 acres with 113 housing units, at a density of 6.89 units per acre. The parking requirements are one enclosed space and one outside space per unit. The plan meets this requirement. Guest parking is provided along the private streets. I -75 Staff Report—Hennepin Village Planned Unit Development February 7,2003 REZONING TO RM-6.5 The RM-6.5 district is proposed on 45.5 acres with 330 housing units at a density of 7.25 units per acre. The parking requirements are one enclosed space and one outside space per unit. The plan meets this requirement. Guest parking is provided along the private streets. PLANNED UNIT DEVELOPMENT WAIVERS Waivers from the City Code are for density, lot size, lot dimensions and setbacks. These are the same waivers that were approved for Site A. R1-9.5 Zoning District • Lot size from 9,500 SF to 3,240 SF. • Density from 3.5 units per acre to 6.89 units per acre. • Site area per unit from 9,500 SF to 7,200 SF. • Lot width from 70 feet to 36 feet. • Lot depth from 100 feet to 95 feet. • Front yard setback from 30 feet to 10 feet. • Rear yard setback from 20 feet to 10 feet. • Side yard setback from 5 feet minimum and 15 feet total to 5 feet minimum and 10 feet total. RM-6.5 Zoning District • Density from 6.7 to 7.25 units per acre • Lot depth from 100 feet to 69 feet. • Front yard setback from 30 feet to 15 feet. • Side yard setback from 10 feet minimum and 20 feet total to 25 feet between buildings A planned unit development allows the city to grant waivers if: • The plan results in a more creative and efficient approach to the use of land. • The plan is designed in such a manner to form a unified environment within its own boundaries. • The waivers are justified by the design. • The waivers result in a better plan for the site than if no waivers are granted. 176. Staff Report—Hennepin Village Planned Unit Development February 7,2003 Potential reasons for considering the waivers are: • A unified"historic"architectural theme • 71 acres of dedicated open space TRANSITION BETWEEN OFFICE AND RESIDENTIAL The proposed housing along Junegrass lane is approximately 25 feet higher than the proposed office sites. Due to requirements for ponding there is not enough room to construct a berm high enough to screen views of the parking and loading areas. The transition plan must rely solely on the use of landscaping. The amount of landscaping proposed is not adequate to create an appropriate transition. There are two options. • Change the office buildings from one and two story office buildings to two and three story buildings. Reducing the building footprint will create additional open space for plantings. • Reduce the parking setback along Charlson Road to 17.5 feet. This would be a waiver from the City code. Then 17.5 feet could be transferred to the common rear property lines and create more room for landscaping. Since the office buildings are not proposed for rezoning at this time and are not likely to be built before the homes are occupied, it can be expected that transition will be a neighborhood issue at future public hearings. DRAINAGE The grading and drainage plans are not complete. The ponds may have to be larger than initially proposed and may result in less office and or a different office site plan. Staff will provide an update on the grading and drainage plan at the meeting. TRAFFIC IMPACTS AND ROAD IMPROVEMENTS A traffic study was completed for three land use alternatives associated with the Hennepin Village development. Alternative 1 includes residential, office and commercial land uses. Alternative 2 consists of residential and office uses and Alternative 3 includes residential and office/industrial uses. A summary of the estimated daily trips each alternative generates is included in the following table. 177 Staff Report—Hennepin Village Planned Unit Development February 7,2003 DAILY DAILY (Gross Trips)' (Net Trips)2 Alternative 1 (747 Res Units; 627,000 Office; 45,000 20,603 16,729 Com) • Alternative 2 15,040 15,040 (747 Res Units; 747,000 Office) Alternative 3 (747 Res Units; 325,000 Office; 325,000 12,974 12,974 Ind) Gross trips include all trips that the land uses individually generate. 2 Net trips include reduction for shared trips between land uses and for pass-by trips to commercial. The results of the traffic study indicated the following key findings: 1) All three land use alternatives will have similar traffic impacts on the supporting local and regional roadway systems. Results of the analysis indicate that the same roadway and intersection improvements are needed for each alternative. 2) There are no significant impacts on the regional system due to the level of development being proposed with any of the alternatives. 3) The following roadway improvements were identified due to background traffic growth and are needed regardless of the development of Hennepin Village: • Upgrade of Pioneer Trail to a 4 lane divided roadway with turn lanes. Double left turn lanes will also be required at the Eden Prairie Road (CSAH 4) and TH 212 intersections (planned for 2006 and 2007). • Upgrade of TH 212 to a 4-lane roadway through Eden Prairie (no identified project). • Construction of a second southbound lane on the north approach of the TH 212/Spring Road(CSAH 4)intersection(no identified project). 4) The following roadway improvements are required in conjunction with the development of Hennepin Village: • Construction of Charlson Road between Spring Road(CSAH 4) and TH 212. • Installation of a traffic signal at the TH 212/Charlson Road intersection. If this occurs in advance of the upgrade of TH 212 the second westbound through lane on TH 212 is required through the Charlson Road intersection concurrent with the installation of the traffic signal. '7c Staff Report—Hennepin Village Planned Unit Development February 7,2003 Due to the size of the proposed development it is anticipated that complete build-out of the site will exceed 5 years. As a result additional analysis was completed to evaluate options for staging the transportation improvements. The key findings of the additional analysis include: 1) Complete build-out of the residential portion of Hennepin Village can occur without the Charlson Road connection to TH 212 and without significantly impacting the operation of the roadway system. 2) To provide the maximum benefit of making the Charlson Road connection to TH 212 the original construction of the TH 212/Charlson Road intersection should include installation of a traffic signal and extension of the second westbound through lane on TH 212 through the intersection. An assessment agreement will be required that fully address all costs of the Charlson Road project. LANDSCAPING The amount of landscaping required is 2,852 caliper inches. The plan meets this requirement. TREE REPLACEMENT There are 8,222 diameter inches of significant trees. A total of 8,222 diameter inches will be lost due to construction. Most of the trees are cedar and concentrated near Spring Road. The required tree replacement is 10,935 inches. The plan shows 8,243 inches. The plan needs an additional 2,742 inches. The required additional tree replacement should be located between the residential and office areas. The proponent is requesting a waiver from the City code to replace only 8,222 inches. Staff does not support this waiver. The tree ordinance was developed with a sliding scale of replacement as an - incentive to developers to save more trees. Low tree loss is rewarded with low tree replacement. When tree loss is 100%the code requires a 133%replacement. There are 51 acres of open space to be dedicated to the City concurrent with the development of Site B. Any trees saved in this area can be used to reduce the total tree loss and tree replacement in the planned unit development. ARCHITECTURE A historic architectural theme is proposed for both the single-family homes and the townhouses. Since the single-family homes are close together it is important to have a diversity plan so that no Staff Report—Hennepin Village Planned Unit Development February 7,2003 two units are alike, side by side or opposite each other. The project includes a diversity plan. SITE A SIDEWALKS AND TRAILS Pincherry Lane,Liatris Lane and the public segment of Junegrass Lane should include both a trail and a sidewalk within the public portions. A minimum boulevard of 5' must be provided. Although a grade separated pedestrian facility across Spring Road has been suggested by staff, it is not an expense that has been mandated on other developments. The developer should make the following pedestrian accommodations. • Include a sidewalk on the east'side of Spring Road between Charlson Road and Hennepin Crossing. • Review with Hennepin County the potential for a marked crosswalk at Hennepin • Crossing and Spring Road. • The sidewalk between Spring Road and Foxglove road should be designed to ADA standards. SUMMARY The Community Planning Board should discuss the following questions. 1. Should the land use remain as guided,or be changed to accommodate the proposal by Pemtom Land Company? 2. Is a better transition between office and residential needed? If so, should the office sites be designed for two and three story buildings,or consider a waiver when the office sites developed for reduced setback to parking along Charlson Road? 3. Waivers are required for density, lot size, setbacks, and tree replacement. Does the plan with waivers result in a better design for the City? The changes in the guide plan create land use compatibility. A better land use transitions is needed. Either design approach is an acceptable solution. The density, lot size, and setback waivers are consistent with Site A. The waiver for tree replacement should not be granted. Tree loss and replacement can be readjusted when a tree inventory is completed for Site B. STAFF RECOMMENDATION The staff recommends approval of the following requests: 13-0 Staff Report—Hennepin Village Planned Unit Development February 7,2003 • Comprehensive Guide Plan Change from Low Density Residential to Medium Density Residential on 2.9 acres • Comprehensive Guide Plan Change from Office to Medium Density Residential on 4.5 acres • Comprehensive Guide Plan Change from Public to Office on 1.2 acres • Comprehensive Guide Plan Change from Public to Medium Density Residential on.4 acres • Planned Unit Development Concept Amendment on 151.43 acres • Planned Unit Development District Review on 64.9 acres • Zoning District Change from Rural to R1-9.5 on 16.9 acres • Zoning District Change from Rural to RM-6.5 on 48 acres • Site Plan Review on 48 acres • Preliminary Plat of 151.43 acres into 443 lots, 5 outlots, and road right of way This approval is subject to the recommendations of the staff report dated February 7.2003 and plans dated February 7, 2003, and the following: 1. Prior to review by the City Council the proponent shall revise the plan to include the required tree replacement and create a better transition between residential and office uses. 2. Prior to Final Plat approval,the proponent shall submit detailed storm water runoff,utility and erosion control plans for review by the City Engineer and Watershed District 3. Prior to grading permit issuance,the proponent shall install erosion control and tree protection fencing at the grading limits of the property for review and approval by the City Engineer and City Forester. 4. Prior to Building permit issuance,the proponent shall: A. Meet with the Fire Marshal to go over fire code requirements. B. Submit samples of exterior building materials for review. C. Submit a landscaping and tree replacement bond for review. D. Pay the appropriate cash park fee. 5. The following waivers from the City Code are granted as part of the Planned Unit Development District review in the R1-9.5 and RM 6.5 Zoning District: R1-9.5 Zoning District • IZI Staff Report—Hennepin Village Planned Unit Development February 7,2003 • Lot size from 9,500 SF to 3,240 SF. • Density from 3.5 units per acre to 6.89 units per acre. • Site area per unit from 9,500 SF to 7,200 SF. • Lot width from 70 feet to 36 feet. • Lot depth from 100 feet to 95 feet. • Front yard setback from 30 feet to 10 feet. • Rear yard setback from 20 feet to 10 feet. • Side yard setback from 5 feet minimum and 15 feet total to 5 feet minimum and 10 feet total. RM-6.5 Zoning District • Density from 6.7 to 7.25 units per acre • Lot depth from 100 feet to 69 feet. • Front yard setback from 30 feet to 15 feet. • Side yard setback from 10 feet minimum and 20 feet total to 25 feet between buildings 5. The PUD waivers are based on dedicating 71 acres of open space,the historic architectural theme, and protection of historic,cultural, and archaeological resources through dedication. 6. All housing in the PUD shall be designed to meet the Metropolitan Council Guidelines for Aircraft Noise for interior noise reduction. 7. If ponds are required to be larger,the site plans for the office sites shall be modified to accommodate additional ponding. 8. An assessment agreement will be required that fully address all costs of the Charlson Road project. 9. Approval from Hennepin County will be required for the proposed temporary construction access. A timeline regarding the duration of the temporary access should be provided. 10. Based on the recommendations of the traffic study,Charlson Road should be constructed as a three lane facility. 11. Pincherry Lane,Liatris Lane and the public segment of Junegrass Lane should include both a trail and a sidewalk within the public portions. A minimum boulevard of 5' must be provided. 12.Include a sidewalk on the east side of Spring Road between Charlson Road and Hennepin Crossing. I ga. Staff Report—Hennepin Village Planned Unit Development . February 7,2003 13. Review with Hennepin County the potential for a marked crosswalk at Hennepin Crossing and Spring Road. 14. The sidewalk between Spring Road and Foxglove Road should be designed to ADA standards. • ' g.,3 .I STPATE Tt1 VIDEO PAGE 01 03/14/2003 00.33 612-906-9792F A)( Re: k.t,3rr li . 2003 EP City, Council Public 11Forinci on Hennfv in Sit F` C tuid D • March 14, 2003 Att: Lorene Mayor NancyTyra-Lukens Council Members Case,Butcher,Mossman and Young Pertinent City Staff Members Dear Mayor,Council Members and City Staff: I am concerned with a number of elements of the Pemton Land Company's proposal for Sites C and D of its Hennepin Village Project which abuts next to the City's Prairie Bluff Conservation Area. I hope to speak of those concerns in person during the public hearing on Tuesday March 18,2003. In summary form they are as follows: The Prairie Bluff Conservation area was acquired by the City with funds generated by a referendum. The conservation area and the private lands being developed have harbored Eden Prairie's defining landscape and are part of the metro area's largest prairie and arguably boast its most inspiring vistas.It is important that the citizen-owned land,the conservation area, with its own special restrictions, become and remain as intended,easily accessible to the public and not evolve into just a private sanctuary for,Hennepin Village residents. City Parks and Recreation Director Bob Lambert will likely recommend to you that the city accept from the developer as dedicated land to the city,the parcel on Indigo Drive at the southern end of Liatris Zane which will be the site for an overlook ands small parking lot. I urge you to support this recommendation. I also urge you to only approve the proposal if(a)Liatris Lane West and Liatris Lane East (which form a boulevard with a median) are designated as public streets and(b)the residential lot to the east and the residential lot to the west of the overlook site also be dedicated to the city or have development restricted on them,(c)public access to the conservation area only be restricted by the city's regulations pertaining to such protected areas. Jeff Strate 9S2 949-8980 Eden Prairie for Parks Member(Referendum) Prairie Bluff Conservation Area Management Plan Task Force MN Land Trust(Board Member, retired) Friends of Birch Island Woods, 15021 Summerhill Drive Eden Prairie,MN 55346 CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims Mar.18,2003 SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development and Payment of Claims VriT. , Financial Services/Don Uram Requested Action Move to: Approve the Payment of Claims as submitted(roll call vote) Synopsis Checks 118204-118571 Wire Transfers 1739-1746 Background Information Attachments I5 City of Eden Prairie Council Check Summary 3/18/2003 Division Amount General 346,920 100 City Manager 149 101 Legislative 4,170 102 Legal Counsel 33,894 104 Contingency 1,681 111 Customer Service 13,891 112 Human Resources 2,846 113 Communication Services 77 114 Benefits&Training 1,747 115 Risk Management 67 116 Facilities 18,890 117 City Center 316 130 Assessing 297 131 Finance 80 132 Housing,Trans,Social Service 6,050 133 Community Development 71 135 Information Technology 9,814 136 Wireless Communication 9,184 137 Economic Development 132 150 Park Administration 2,291 151 Park Maintenance 8,868 153 Athletic Programs 2,710 154 Community Center 22,277 155 Beaches 42 156 Youth Programs 4,146 157 Special Events 552 158 Senior Center 3,903 160 Adaptive Recreation 1,405 161 Oak Point Pool 44 162 Arts 4,119 163 Park Facilities 555 180 Police 13,671 183 Civil Defense 1,015 184 Fire 2,979 186 Inspections 2,469 200 Engineering 642 201 Street Maintenance 8,269 202 Street Lighting 51,709 203 Fleet Services 31,770 204 Equipment Revolving 49,326 301 CDBG 5,219 303 Cemetary Operation 407 308 E-911 1,464 312 Recycle Rebate 65 314 Liquor Compliance 620 403 City Center Debt 1,438 404 Building Refunding 1992A 181,499 407 Utility Bonds Arbitrage 1,164 414 Improvement Bonds 1993B 671 416 Certificate Debt Fund 181,610 418 HRA 2002A Lease Revenue Bonds 1,000 421 2003A Park Bonds Refunding 8,500 422 G.O W/Sewer Refund 2003B 7,727 502 Park Development 193,400 503 Utility Improvement 21,615 506 Improvment Bonds 1996 24,281 509 CIP Fund 45,203 511 Construction Fund 10,368 601 Prairie Village Liquor 23,821 602 Den Road Liquor 80,552 603 Prairie View Liquor 32,497 701 Water Fund 141,106 702 Sewer Fund 7,176 703 Storm Drainage Fund 4,128 803 Escrow Fund 612 806 SAC Agency Fund 218,025 Report Totals 1,857,209 City of Eden Prairie Council Check Register 3/18/2003 Check# Amount Vendor/Explanation Account Description Business Unit 1739 122,137 WELLS FARGO MINNESOTA N A Employers SS&Medicare General Fund 1740 23,189 MINNESOTA DEPT OF REVENUE State Taxes Withheld General Fund 1741 8,730 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 1742 15,142 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund 1743 181,499 US BANK TRUST NATIONAL ASSN Principal Building Refunding Bonds 1995A 1744 181,610 ANCHOR BANK Principal $890,000 G.O.Cert.of Indebt 1745 1,775 WELLS FARGO MINNESOTA N A Employers SS&Medicare General Fund 1746 244 MINNESOTA DEPT OF REVENUE State Taxes Withheld General Fund 118204 100,568 XCEL ENERGY Electric Street Lighting 118205 8 AMERICAN SOCIETY OF CIVIL ENGI Training Supplies Water Utility-General 118206 5,625 CORNERSTONE Other Contracted Services Legal Council 118207 1,039 CRAWFORD,ANN Other Contracted Services Winter Theatre 118208 392 GE CAPITAL Other Rentals General 118209 30,203 GREGERSON ROSOW JOHNSON&NILA Legal Legal Council 118210 230 HENNEPIN COUNTY PUBLIC RECORDS Other Contracted Services Engineering 118211 1,530 HENNEPIN COUNTY TREASURER-TAXP Licenses&Taxes Park Maintenance 118212 250 HOARN,SUZANNE Other Contracted Services Winter Theatre 118213 90 HUTTERER,MARISSA Other Contracted Services Liquor Compliance 118214 83 LARSON,ELIZABETH Other Contracted Services Liquor Compliance 118215 346 LIMBERG,KRISTY Other Contracted Services Winter Theatre 118216 5,000 MOODY'S INVESTORS SERVICE Bond Issue Costs 2003B G.O.W/Sewer Refunding 118217 17,446 NELSON DODGE-GMC Autos Public Safety 118218 124 NEXTEL COMMUNICATIONS Pager&Cell Phone Wireless Communication 118219 220 PETTY CASH-POLICE DEPT Operating Supplies Liquor Compliance 118220 83 PINI,EMILY ROSE Other Contracted Services Liquor Compliance 118221 1,163 RICHFIELD,CITY OF Autos Public Safety 118222 188,600 ROTTLAND CO,THE Cash Park Fees Park Acquisition&Development 118223 299 SEATON,ROBYN Other Contracted Services Winter Theatre 118224 185 SMITH,SHELLEY Other Contracted Services Winter Theatre 118225 100 ACTIVE TRAINING Training Supplies Water Utility-General 118226 40 BOLD,PAULINE Instructor Service Outdoor Center 118227 200 BUTCHER,SHERRY Travel Expense City Council 118228 142 CASE,KATHIE Video&Photo Supplies Capital Impr./Maint.Fund 118229 3,495 DBSP INC Software Storm Drainage Projects 118230 1,571 ELAN FINANCIAL SERVICES Travel Expense City Council 118231 206 HOLLAND,BRIANNA Wages No Benefits Aquatics&Fitness Admin 118232 195 INTERNATIONAL CONF OF BLDG OFF Dues&Subscriptions Inspections-Administration 118233 1,103 INTERNATIONAL CONF OF BLDG OFF Operating Supplies Inspections-Administration 118234 645 LANZI,BOB Mileage&Parking Community Center Admin 118235 200 LINDAHL,DAVID Travel Expense City Council 118236 60 MAGC Dues&Subscriptions In Service Training 118237 3,417 METRO SALES INCORPORATED* Other Rentals General 118238 345 MINNESOTA AWWA Conference Expense Water Utility-General 118239 200 MOSMAN,JAN Travel Expense City Council 118240 450 ORRIN THOMPSON HOMES Cash Over/Short General Fund 118241 3,000 POSTAGE BY PHONE RESERVE ACCOU Postage General 118242 3,303 QWEST DEX Advertising Den Road Liquor Store 118243 170 SCIENTWISTS Instructor Service Outdoor Center 118244 6,050 SENIOR COMMUNITY SERVICES Other Contracted Services Housing,Trans,&Human Sery 118245 91 STATE OF MN OFFICE OF ADMIN HE Legal Liquor Compliance 118246 50 WALSTEIN,LOUISE M. Instructor Service Outdoor Center 118247 47 XCEL ENERGY Electric Traffic Signals 118248 12 ABDO,JEANNETTE Operating Supplies Winter Theatre 118249 92 ANDERSON,KATHRYN Program Fee Special Events&Trips 118250 100 BARTH,KATHRYN Refunds Environmental Education 118251 100 BEARD,MICHELLE Refunds Environmental Education 118252 35 BLOOMINGTON,CITY OF Printing Adaptive Recreation 118253 100 BOHN,GERALD L. Refunds Environmental Education 118254 44 BORCHART,JULIANNE Lessons&Classes Oak Point Lessons 118255 46 BUXTON,REX Program Fee Special Events&Trips 118256 181 CDW GOVERNMENT INC. Other Hardware Den Road Liquor Store 118257 10,500 DORSEY&WHITNEY LLP Bond Issue Costs 2003A G.O.Park Refunding 118258 54 DRIVERS LICENSE GUIDE CO Operating Supplies Liquor Compliance 118259 224 DUCHSCHERE,KYLE Clothing&Uniforms Police 118260 474 EAGLE TRAINING LLC Tuition Reimbursement/School Police 118261 177 EDEN PRAIRIE ROTARY CLUB Dues&Subscriptions In Service Training • ic61- City of Eden Prairie Council Check Register 3/18/2003 Check# Amount Vendor/Explanation Account Description Business Unit 118262 433 EPA AUDIO VISUAL INC Capital Under$2,000 Information Technology 118263 100 ERLANDSON,SARA Refunds Environmental Education 118264 350 FAHEY,LARRY Other Contracted Services Winter Wonderland 118265 1,514 HENNEPIN CNTYTREAS-GENERAL Board of Prisoner Police 118266 50 HENNEPIN COUNTY CHIEFS OF POLI Dues&Subscriptions Police 118267 373 HENNEPIN COUNTY IT DEPT Software Maintenance Information Technology 118268 1,414 HENNEPIN COUNTY SHERIFF'S OFFI Board of Prisoner Police 118269 1,164 HENNEPIN COUNTY TREASURER-TAXP Other Contracted Services Utility Bonds Arbitrage 118270 107 INTOXIMETERS Operating Supplies Police 118271 160 J H LARSON ELECTRICAL COMPANY Operating Supplies Park Maintenance 118272 100 JONES,CAROLYN Refunds Environmental Education 118273 190 KRUEGER,BEVERLY Parking Permits Parking 118274 225 L&S HOSPITALITY AND DIRECTOR Advertising Den Road Liquor Store 118275 450 MACQUEEN EQUIPMENT INC Conference Expense Sewer Utility-General 118276 750 MCKAY FLOOR COVERING Building Repair&Maint. Public Works/Parks 118277 161,116 MEDICA CHOICE Medical Bills Prepaid General Fund 118278 109 MENARDS Operating Supplies Information Technology . 118279 116 MILLARD,CHRIS Clothing&Uniforms Police 118280 249 MINN NCPERS GROUP LIFE INSURAN Life Insurance Employees General Fund 118281 227 PETTY CASH Operating Supplies Youth Programs Administration 118282 100 PFLEPSEN,DIANE Refunds Environmental Education 118283 29 PLATT,KACIA Lessons&Classes Ice Arena 118284 100 PRETTNER,MATT Refunds Environmental Education 118285 5,190 PRUDENTIAL INS CO OF AMERICA C Life Insurance Employees General Fund 118286 55 RAYMOND,JOANN Program Fee Winter Skill Development 118287 5 RUMFORD,JOAN Transportation Senior Center Program 118288 2 SEIDENSTRICKER,MARIANNE Program Fee Senior Center Program 118289 53 SIR KNIGHT CLEANERS Operating Supplies Arts Initiative 118290 100 SMITH,HOLLY A. Conference Expense Den Road Liquor Store 118291 19 STAR TRIBUNE Misc Non-Taxable Prairie View Liquor Store 118292 100 SWANSON,TERESA Refunds Environmental Education 118293 462 TARGET CENTER Special Event Fees Preschool Events 118294 95 TRAP-LINE SEWER CLEANING INC Building Repair&Maint, Prairie Village Liquor Store 118295 60 TRI-COUNTY LAW ENFORCEMENT ASS Dues&Subscriptions Police 118296 3,109 US BANK TRUST NATIONAL ASSN Paying Agent City Center Debt Fund 118297 5 UZ,GABRIELLE Program Fee Outdoor Center 118298 52 WERTS,SANDY Mileage&Parking Special Events Administration 118299 53 WESTACOTT,JOEL Operating Supplies Information Technology 118300 55 WINTERS,CAROLYN Program Fee Winter Skill Development 118301 2,687 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund 118302 200 ALL SAINTS BRANDS DISTRIBUTING Beer Den Road Liquor Store 118303 93 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Den Road Liquor Store 118304 198 ARCTIC GLACIER INC Misc Non-Taxable Den Road Liquor Store 118305 3,523 BELLBOY CORPORATION Operating Supplies Prairie View Liquor Store 118306 5,031 DAY DISTRIBUTING Beer Prairie Village Liquor Store 118307 4,655 EAGLE WINE COMPANY Wine Domestic Prairie Village Liquor Store 118308 7,708 EAST SIDE BEVERAGE COMPANY Beer Prairie Village Liquor Store 118309 190 FINE WINES FROM EUROPE Wine Domestic Prairie Village Liquor Store 118310 1,222 GRAPE BEGINNINGS Wine Domestic Prairie Village Liquor Store 118311 21,142 GRIGGS COOPER&CO Liquor Prairie Village Liquor Store 118312 161 HOHENSTEINS INC Beer Prairie Village Liquor Store 118314 27,926 JOHNSON BROTHERS LIQUOR CO Wine Domestic Prairie Village Liquor Store 118315 5,141 MARK VII Misc Non-Taxable Prairie Village Liquor Store 118316 432 MIDWEST COCA COLA BOTTLING COM Misc Taxable Prairie View Liquor Store 118317 660 PAUSTIS&SONS COMPANY Wine Imported Den Road Liquor Store 118318 17,471 PHILLIPS WINE AND SPIRITS INC Wine Domestic Prairie Village Liquor Store 118319 357 PINNACLE DISTRIBUTING Misc Non-Taxable Den Road Liquor Store 118320 2,596 PRIOR WINE COMPANY Wine Imported Prairie Village Liquor Store 118321 14,986 QUALITY WINE&SPIRITS CO Transportation Prairie Village Liquor Store 118322 11,114 THORPE DISTRIBUTING Beer Prairie Village Liquor Store 118323 2,094 WINE COMPANY,THE Wine Domestic Den Road Liquor Store 118324 1,370 WINE MERCHANTS INC Wine Domestic Prairie Village Liquor Store 118325 419 WORLD CLASS WINES INC Wine Imported Prairie Village Liquor Store 118326 3,154 ARCH PAGING Pager&Cell Phone Wireless Communication 118327 4,582 BLOOMINGTON LINOLEUM AND CARPE Other Contracted Services 2000 Rehab 118328 1,600 CARTEGRAPH SYSTEMS INC Software Maintenance Information Technology IZ.Z. City of Eden Prairie Council Check Register 3/18/2003 Check* Amount Vendor/Explanation Account Description Business Unit 118329 60 CENTRAL MIDDLE SCHOOL-NAVY TEA Staring Lake Theatre Park Facilities 118330 2,105 DYNAMIC IMAGING SYSTEMS INC Software Maintenance Information Technology 118331 15 EXPRESS MESSENGER SYSTEMS INC Postage General 118332 638 FISHER,PAUL Repair&Maint.Supplies 2000 Rehab 118333 110 GARDEN&ASSOC INC Other Contracted Services Police 118334 612 GLENROSE FLORAL AND GIFT SHOPS Deposits Escrow 118335 221 HARRIS COMMUNICATIONS Fire Prevention Supplies Fire 118336 332 HENNEPIN COUNTY TREASURER Licenses&Taxes Fleet Services 118337 2,000 KWANT,TERI K. Other Contracted Services Planning&Development 118338 111 MINN ST ADMIN ITG TELECOM SERV Software Maintenance Information Technology 118339 50 MINNESOTA REVENUE Licenses&Taxes Fleet Services 118340 25 NATIA Dues&Subscriptions Police 118341 727 NORTHLAND SECURITIES INC Bond Issue Costs 2003E G.O.W/Sewer Refunding 118342 243 OFFICE DEPOT CREDIT PLAN Other Hardware Information Technology 118343 80 PDR/RED BOOK Operating Supplies General 118344 55 PIZZA HUT Operating Supplies Leisure Time 118345 432 PUBLIC SAFETY PRINTING SERVICE Printing Police 118346 4,343 QWEST Telephone E-911 Program 118347 6,268 RELIASTAR LIFE INSURANCE CO Disability Ins Employers General Fund 118348 1,623 RICHFIELD,CITY OF Autos Public Works 118349 28 STAR TRIBUNE Dues&Subscriptions In Service Training 118350 200 STOLP,DENA M Other Contracted Services Accessibility 118351 1,753 TAMS-WITMARK MUSIC LIBRARY INC Operating Supplies Summer Theatre 118352 24,539 THANE HAWKINS POLAR CHEVROLET Autos Public Works 118353 87 UNITED RENTALS HIGHWAY TECHNOL Conference Expense Engineering 118354 2,861 US POSTMASTER-HOPKINS Postage General 118355 493 WORKING FIRE VIDEO TRAINING Dues&Subscriptions Fire 118356 85 BITSTREAM UNDERGROUND Other Contracted Services Airport 118357 50 BOLD,PAULINE Instructor Service Outdoor Center 118358 28 ELWELL,JEFF Mileage&Parking Maintenance 118359 93 FEDEX Postage General 118360 100 FORTIN CONSULTING INC Instructor Service Outdoor Center 118362 1,826 GENUINE PARTS COMPANY Equipment Parts Fleet Services 118363 40 KORZENOWSKI,STEVE Instructor Service Outdoor Center 118364 68 MANN,TRIA Mileage&Parking Senior Center Administration 118365 184 MERLINS ACE HARDWARE Repair&Maint.Supplies Maintenance 118366 215,845 METROPOLITAN COUNCIL Due to Other Governments SAC Agency Fund 118367 56 MINNCOMM PAGING Pager&Cell Phone Sewer Liftstation 118368 32 MINNESOTA DEPT OF HEALTH Licenses&Taxes Water Utility-General 118369 70 MINNESOTA VENTURE CAPITAL ASSN Conference Expense In Service Training 118370 257 OLSON,REVA Conference Expense Parks Administration 118371 59 QUICKSILVER EXPRESS COURIER Postage General 118372 28 SECRETARY OF STATE Operating Supplies Economic Development 118373 40 TRAPP,SUZANNE Instructor Service Outdoor Center 118374 1,223 AMERICAN PUBLIC WORKS ASSOCIAT Dues&Subscriptions In Service Training 118375 40 ASWM Dues&Subscriptions In Service Training 118376 4,800 BRANDL ANDERSON HOMES INC. Cash Park Fees Park Acquisition&Development 118377 187 CHOICE INC Other Contracted Services Prairie Village Liquor Store 118378 959 DELL MARKETING L.P. Operating Supplies Telephone 118379 84 DNR FISHERIES Operating Supplies Park Maintenance 118380 12,032 DNR WATERS Licenses&Taxes Water Utility-General 118381 150 EDEN PRAIRIE CHAMBER OF COMMER Other Contracted Services Special Events Administration 118382 207 EDEN PRAIRIE NOON ROTARY CLUB Dues&Subscriptions City Council 118383 56 HENNEPIN COUNTY Waste Disposal Park Maintenance 118384 13 HENNEPIN COUNTY TREASURER Waste Disposal Park Maintenance 118385 192 HENNEPIN COUNTY TREASURER-SURV Printing Assessing 118386 143 IDYLL ARBOR INC Operating Supplies Therapeutic Recreation 118387 42 JOHNSON,KATHRYN Outside Water Sales Water Enterprise Fund 118388 5,811 KMC TELECOM HOLDINGS INC. Telephone Telephone 118389 47 MAROTTA,VIC Instructor Service Winter Skill Development 118390 20 METROPOLITAN MECHANICAL Cash Over/Short General Fund 118391 650 MINNESOTA CHIEFS OF POLICE ED Tuition Reimbursement/School Police 118392 99 MINNESOTA VALLEY ELECTRIC COOP Electric Sewer Liftstation 118393 25 MN DEPT.OF LABOR AND INDUSTRY Tuition Reimbursement/School Police 118394 95 MRPA Conference Expense Park Maintenance 118395 130 MTI DISTRIBUTING INC. Conference Expense Park Maintenance City of Eden Prairie Council Check Register 3/1812003 Check# Amount Vendor/Explanation Account Description Business Unit 118396 65 NCTRC Licenses&Taxes In Service Training 118397 250 OLSON,DAVE Conference Expense Engineering 118398 683 ORIENTAL TRADING COMPANY INC Operating Supplies Special Events&Trips 118399 25 PAINT YOUR PLATE Other Contracted Services Teen Programs 118400 67 PARK NICOLLET-AIRPORT Other Contracted Services Risk Management 118401 302 PETTY CASH-NICOLE WEEDMAN Operating Supplies Afternoon Playground 118402 669 RADISSON HOTEL ST.CLOUD Travel Expense Police 118403 65 RECYCLING ASSOCIATION OF MINNE Dues&Subscriptions Recycle Rebate 118404 7 SNYDER Operating Supplies Youth Programs Administration 118405 56 STAR TRIBUNE Dues&Subscriptions In Service Training 118406 210 STATE TREASURER Conference Expense Inspections-Administration 118407 177 THERAPRO INC Operating Supplies Therapeutic Recreation 118408 600 TIME WARNER CABLE Cable TV Fire 118409 3,740 US POSTMASTER-HOPKINS Postage Community Brochure 118410 25 US TENNIS ASSOCIATION Dues&Subscriptions In Service Training 118411 88 WALMART COMMUNITY Operating Supplies Police 118412 161 WEEDMAN,NICOLE Mileage&Parking Youth Programs Administration 118413 121 AIM ELECTRONICS Equipment Repair&Maint Ice Arena 118414 97 AMERICANWEIGH.COM Operating Supplies Police 118415 280 ANCHOR PRINTING COMPANY Printing Adaptive Integrated 118416 386 ANCOM COMMUNICATIONS INC Equipment Parts Wireless Communication 118417 322 AQUA CITY PLUMBING AND HEATING Building Repair&Maint. Water Treatment Plant 118418 712 ASPEN CARPET CLEANING Building Repair&Maint. Prairie Village Liquor Store 118419 4,554 ASPEN EQUIPMENT CO. Machinery&Equipment General Government 118420 4,129 AUDIOVISUAL INC Other Assets Information Technology 118421 241 AUTO ELECTRIC SPECIALISTS Equipment Repair&Maint Fleet Services 118422 794 AZTECH EMBROIDERY SERVICES Clothing&Uniforms Inspections-Administration 118423 60 BARNES,BELINDA A. Other Contracted Services Volleyball 118424 • 59 BATTERY STORE INC,THE Operating Supplies Engineering 118425 1,230 BAUER BUILT TIRE AND BATTERY Tires Fleet Services 118426 90 BECKER ARENA PRODUCTS INC Operating Supplies Ice Arena 118427 134 BECKER ELECTRONICS INC Equipment Parts Wireless Communication 118428 500 BERTELSON OFFICE PLUS Office Supplies Water Utility-General 118429 560 BESSER,PATRICIA Other Contracted Services Volleyball 118430 887 BIFFS INC Waste Disposal Park Maintenance 118431 1,604 BLACK&VEATCH Other Contracted Services Utility Improvement Fund 118432 75 BLOOMINGTON SECURITY SOLUTIONS Other Contracted Services Inspections-Administration 118433 185 BOYER TRUCKS SO.ST.PAUL Equipment Parts Fleet Services 118434 45 BRYAN ROCK PRODUCTS INC Gravel Water System Maintenance 118435 133 BUSINESS PRODUCTS EXPRESS Office Supplies General 118436 434 C&H DISTRIBUTORS INC. Cleaning Supplies Water Treatment Plant 118437 1,806 CARGILL SALT Salt Snow&Ice Control 118438 1,625 CENTER FOR POLICY,PLANNING AN Other Contracted Services City Council 118439 200 CHAD NESTOR&ASSOCIATES Printing Adaptive Recreation 118440 107 CLAREYS INC Safety Supplies Water Utility-General 118441 492 CONNEY SAFETY PRODUCTS Cleaning Supplies Water Treatment Plant 118442 844 CONTINENTAL SAFETY EQUIPMENT Equipment Testing/Cert. Sewer System Maintenance 118443 1,161 CORPORATE EXPRESS Office Supplies General 118444 160 CREATIVE CONCEPTS IN MARKETING Awards City Council 118445 125 CRYSTEEL TRUCK EQUIPMENT INC Equipment Parts Fleet Services 118446 36 CUB FOODS EDEN PRAIRIE Employee Award Human Resources 118447 5,098 CUTLER-MAGNER COMPANY Chemicals Water Treatment Plant 118448 80 DAGNAULT,ARLENE Other Contracted Services Volleyball 118449 181 DALCO Cleaning Supplies Maintenance 118450 423 DAVIES WATER EQUIPMENT CO Equipment Repair&Maint Water System Maintenance 118451 13 DEKO FACTORY SERVICE INC Equipment Repair&Maint Park Maintenance 118452 17 DELEGARD TOOL CO Small Tools Fleet Services 118453 76 DEXIS CORPORATION Equipment Repair&Maint Information Technology 118454 400 DIETHELM,GARY Other Contracted Services Pleasant Hill Cemetary 118455 1,968 DYNA SYSTEMS Repair&Maint.Supplies Water Treatment Plant 118456 1,597 EMERGENCY AUTOMOTIVE TECHNOLOG Capital Under$2,000 Fleet Services 118457 99 ENHANCE GRAPHICS INC. Printing Assessing 118458 115 ENVIRONMENTAL EQUIPMENT&SERV Equipment Parts Fleet Services 118459 3,039 ESRI Other Contracted Services Water Treatment Plant 118460 6,094 FACILITY SYSTEMS INC Capital Under$2,000 Capital Impr./Maint.Fund 118461 427 FERGUSON ENTERPRISES#525 Equipment Parts Water Treatment Plant 190 City of Eden Prairie Council Check Register 3/18/2003 Check# Amount Vendor!Explanation Account Description Business Unit 118462 1,060 FERRELLGAS Gas Outdoor Center 118463 34 FIKES HYGIENE SERVICES Operating Supplies Prairie View Liquor Store 118464 1,467 FIRENET SYSTEMS INC Other Contracted Services Water Treatment Plant 118465 1,332 FITNESS WHOLESALE Capital Under$2,000 Aquatics&Fitness Admin 118466 24 FORCE AMERICA Small Tools Fleet Services 118467 1,862 FORE MECHANICAL,INC Equipment Repair&Maint Fire 118468 131 FORKLIFTS OF MINNESOTA INC Equipment Repair&Maint Water Treatment Plant 118469 2,056 G&K SERVICES-MPLS INDUSTRIAL Other Rentals Park Maintenance 118470 1,140 GALLS INC Capital Under$2,000 Capital Impr./Maint.Fund 118471 210 GENERAL MACHINING INC. Equipment Repair&Maint Fleet Services 118472 535 GENERAL MUSIC INC Operating Supplies Staring Lake Concert 118473 802 GRAINGER Capital Under$2,000 Sewer System Maintenance 118474 21,281 GRAUS CONTRACTING INC Building Capital Impr./Maint.Fund 118475 48 HACH COMPANY Operating Supplies Water Treatment Plant 118476 16,693 HANSEN THORP PELLINEN OLSON Design&Engineering Improvement Projects 1996 118477 79 HARMON AUTOGLASS Equipment Repair&Maint Fleet Services 118478 11,692 HARTLAND FUEL PRODUCTS LLC Motor Fuels Fleet Services 118479 3,797 HAWKINS WATER TREATMENT GROUP Chemicals Water Treatment Plant 118480 65 HENNEPIN COUNTY TREASURER Operating Supplies Community Development 118481 510 HENRY,PAUL Other Contracted Services Broomball 118482 320 HOLMES,TOM Other Contracted Services Volleyball 118483 2,548 IDEXX DISTRIBUTION CORP Operating Supplies Water System Maintenance 118484 799 IND SCHOOL DIST 272 Transportation Winter Skill Development 118485 278 INDUSTRIAL LIGHTING SUPPLY INC Repair&Maint.Supplies Water Treatment Plant 118486 1,485 INFRATECH Other Contracted Services Sewer System Maintenance 118487 72 INSIGHT PUBLIC SECTOR Other Hardware Information Technology 118488 15,000 INSPEC INC. Building Capital Impr./Maint.Fund 118489 305 INTUIT INFORMATION TECHNOLOGY Software Information Technology 118490 149 J H LARSON ELECTRICAL COMPANY Repair&Maint.Supplies Park Maintenance 118491 1,713 J J KELLER&ASSOCIATES INC Training Supplies Water Utility-General 118492 1,321 JANEX INC Cleaning Supplies Maintenance 118493 366 JIM HATCH SALES CO Operating Supplies Fleet Services 118494 485 JM OIL CO Lubricants&Additives Water Treatment Plant 118495 7,877 JOHN HENRY FOSTER MINNESOTA IN Equipment Repair&Maint Water Treatment Plant 118496 1,734 KEEPRS INC. Clothing&Uniforms Police 118497 5,148 KENNAMETAL INC Small Tools Fleet Services 118498 220 KINKO'S Printing Adaptive Recreation 118499 83 KRAEMERS HARDWARE INC Operating Supplies Skating Rinks 118500 3,262 KRAFKA,STAN Equipment Repair&Maint Water Well#7 118501 3,737 KUSTOM SIGNALS INC Other Assets Police 118502 177 LUBRICATION TECHNOLOGIES INC Lubricants&Additives Fleet Services 118503 179 MARKS CERTICARE AMOCO Equipment Repair&Maint Fleet Services 118504 125 MARTIN-MCALLISTER Employment Support Test Human Resources 118505 464 MENARDS Repair&Maint.Supplies Park Maintenance 118506 406 METROPOLITAN FORD Equipment Parts Fleet Services 118507 2,650 METROPOLITAN MECHANICAL Equipment Repair&Maint Maintenance 118508 386 MINNESOTA GLOVE INC Clothing&Uniforms Street Maintenance 118509 1,286 MINNESOTA VIKINGS FOOD SERVICE Special Event Fees Special Events&Trips 118510 1,902 MTI DISTRIBUTING INC Equipment Parts Fleet Services 118511 4,011 NATIONAL WATERWORKS Repair&Maint.Supplies Water Meter Repair 118512 2,310 NATIONWIDE ADVERTISING SERVICE Employment Advertising Human Resources 118513 130 NEXUS INFORMATION SYSTEMS Equipment Repair&Maint Information Technology 118514 20 NORCOSTCO Operating Supplies Winter Theatre 118515 248 NORTH CENTRAL LABORATORIES Operating Supplies Water System Maintenance 118516 261 NORTHERN TOOL&EQUIPMENT CO. Repair&Maint.Supplies Storm Drainage 118517 27 OLSEN COMPANIES Equipment Parts Fleet Services 118518 5,128 PAGING&WIRELESS SERVICE CENT Capital Under$2,000 Wireless Communication 118519 18 PAPER WAREHOUSE Employee Award Communication Services 118520 82 PETSMART Canine Supplies Police 118521 27 POWERPLAN Equipment Parts Fleet Services 118522 721 PRAIRIE ELECTRIC COMPANY Building Repair&Maint. Water Treatment Plant 118523 149 PRAIRIE EQUIPMENT COMPANY Repair&Maint.Supplies Sewer System Maintenance 118524 23 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Services 118525 2,265 QUALITY FLOW SYSTEMS INC Equipment Repair&Maint Sewer Liftstation 118526 60 RAMULA,ALLEN J. Other Contracted Services Basketball 118527 115 RIGID HITCH INCORPORATED Equipment Parts Fleet Services • (11 City of Eden Prairie Council Check Register 3/18/2003 Check# Amount Vendor/Explanation Account Description Business Unit 118528 15,913 RMR SERVICES INC Other Contracted Services Utility Improvement Fund 118529 23 RUSSELL&MILLER INC Operating Supplies Den Road Liquor Store 118530 137 SCHERER BROTHERS LUMBER CO Building Materials Street Maintenance 118531 240 SCHWARTZ,RONALD JAMES Other Contracted Services Volleyball 118532 7,749 SHORT ELLIOT HENDRICKSON INC Design&Engineering Construction Fund 118533 133 SHRED-IT Waste Disposal City Center Operations 118534 1,208 SNAP-ON TOOLS Software Fleet Services 118535 1,589 SNELL MECHANICAL INC Equipment Repair&Maint Maintenance 118536 192 SOUTHWEST LOCK&KEY Building Repair&Maint. Maintenance 118537 8,869 SRF CONSULTING GROUP INC Design&Engineering Improvement Projects 1996 118538 378 STEVE LUCAS PHOTOGRAPHY Video&Photo Supplies City Manager 118539 422 STREICHERS Training Supplies Police 118540 863 SUBURBAN CHEVROLET GEO Equipment Parts Fleet Services 118541 5,460 SUMMIT ENVIROSOLUTIONS Other Contracted Services Utility Improvement Fund 118542 800 SWANSON,JEFF Other Contracted Services Broomball 118543 1,182 SYSTEM CONTROL SERVICES Equipment Repair&Maint Water Well#2 118544 59 TAPE COMPANY,THE Video&Photo Supplies Communication Services 118545 174 TEE JAY NORTH INC Building Repair&Maint. Maintenance 118546 670 THYSSENKRUPP ELEVATOR Equipment Repair&Maint Maintenance 118547 320 TKDA Other Contracted Services Water System Maintenance 118548 80 TOFTELAND,ERIK RANDAL Other Contracted Services Basketball 118549 183 TOWN AND COUNTRY DODGE Equipment Parts Fleet Services 118550 8,830 TRANS ALARM INC Building Repair&Maint. Public Works/Parks 118551 53,166 TRAUT WELLS Other Contracted Services Water Well#7 118552 612 TWIN CITY FILTER SERVICE INC Repair&Maint.Supplies Water Treatment Plant 118553 394 TWIN CITY OXYGEN CO Operating Supplies General Facilities 118554 608 UNIFORMS UNLIMITED Clothing&Uniforms Police 118555 853 UNITED LABORATORIES Cleaning Supplies Water Treatment Plant 118556 1,546 UNITED PROPERTIES LLC DESIGNS Building Repair&Maint. Capital Impr./Maint.Fund 118557 108 UNLIMITED SUPPLIES INC Equipment Parts Fleet Services 118558 257 US CAVALRY Clothing&Uniforms Police 118559 2,594 US FILTER/JWI Capital Under$2,000 Water Treatment Plant 118560 222 VESSCO INC Equipment Parts Water Treatment Plant 118561 398 VOSS LIGHTING Repair&Maint.Supplies Maintenance 118562 1,622 WATER SPECIALITY OF MN INC Chemicals Pool Maintenance 118563 785 WATSON CO INC,THE Merchandise for Resale Concessions 118564 309 WEST WELD Equipment Parts Fleet Services 118565 1,338 WESTWOOD PROFESSIONAL SERVICES Design&Engineering Construction Fund 118566 2,762 WM MUELLER AND SONS INC Sand Snow&Ice Control 118567 30 WOLF CAMERA Video&Photo Supplies Police 118568 610 X-ERGON Repair&Maint.Supplies Water Treatment Plant 118569 1,672 YALE MECHANICAL INC Equipment Repair&Maint Water Treatment Plant 118570 145 ZEE MEDICAL SERVICE Safety Supplies Community Center Admin 118571 5,357 ZIEGLER INC Other Contracted Services Fire Station#1 1,857,209 Grand Total I CITY COUNCIL AGENDA DATE: March 18,2003 SECTION: Ordinances and Resolutions DEPARTMENT/DIVISION: ITEM DESCRIPTION: Approve First Public Works Service Area ITEM NO.: Reading of City Code Section 11.51 Leslie Stovring Amendment. ISE• A Through Eugene Dietz Requested Action • Move to: Approve first reading for amendment of City Code Section 11.51 —Standards for the Protection of Wetlands. Synopsis Eden Prairie adopted the Wetland Protection Code on February 10, 2000 to conserve and protect wetlands and their wetland buffers from alteration and destruction. This amendment incorporates changes to address the following. 1. Adoption of Local Government Unit (LGU) status for the Lower Minnesota River Watershed District. The City Council adopted LGU status on September 17, 2002 as the District did not have the resources or staff to provide Wetland Conservation Act(WCA)review. 2. Revisions to the WCA in 2002. This is primarily in response to a number of definition changes within the WCA. 3. Miscellaneous issues that have arisen during day to day application of the ordinance. These are generally what would be defined as housekeeping items. Community Planning Board Recommendation The Community Planning Board voted 7 to 0 to recommend approval of the changes to the Wetland Ordinance at the February 10, 2003 meeting. Background Information The following list outlines the major revisions to the Code in the order in which they appear in the proposed revised ordinance. Remaining items included items such as minor editorial revisions and typographic errors. The attached ordinance shows a detailed summary of the changes made. Subd. 3—Definitions Definitions were added for Weeds, Wetland Alteration, Wetland Plan and Wetland Type. Subd. 3 (E)—Development Application The definition for"Development Application"was expanded to include wetland replacement and wetland bank applications. Subd. 3 (M)— Vegetation, Native The definition was amended to match moreeclosely with the definition in WCA. I613 City Code Section 11.51—Standards for the Protection of Wetlands March 18,2003 Page 2 of 3 Subd. 6(D)— Wetland Buffer Strips and Setbacks A requirement for a Vegetation Management Plan for work within wetlands and wetland buffer strips was added. This is in accordance with what is currently required for work within Conservation Easement areas. Subd 9(E)—Buffer Performance Standards Performance standards are introduced for long-term care and maintenance of the wetland buffer strip. The standards would require the property owner and/or homeowner's association to be responsible for the ongoing maintenance and upkeep of the wetland and wetland buffer strip after the Applicant (or Developer)is no longer responsible. Subd 11—Performance Bond Required The wetland performance bond requirement was changed to reference the Wetland Plan that is currently required in the Developer Agreements. Subd 12—Special Requirements for Lower Minnesota River Watershed District(LMRWD) Requirements were added for wetland alteration, wetland replacement, wetland restoration and wetland bank projects within the LMRWD. This includes minimum standards for the application, fees and bond requirements. Wetland replacement and wetland bank plans would be forwarded to the Community Planning Board and City Council for approval as recommended by staff. Attachments • Annotated Copy-City Code Section 11.51 amendment. • Minutes from Community Planning Board Meeting 9y Planning Board Minutes February 10,2003 Page 3 • C. WETLAND ORDINANCE AMENDMENT Franzen stated the ordinance has three changes: City accepts LGU status for the Minnesota River watershed, definition changes based on State changes to wetlands, and minor clarification of City definitions to eliminate confusion. MOTION by Stoelting,second by Steppat,to close the public hearing. Motion carried,7- 0. MOTION by Brooks,second by Stoelting,to approve the request for a Wetland Ordinance Amendment,and subject to the recommendations of the staff report dated February 7,2003. Motion carried, 7-0. 195 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO., {Deleted:6-2000 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AMENDING CITY CODE ,„SECTION 11.51 RELATING TO ESTABLISHMENT OF STANDARDS FOR THE PROTECTION _ •- Deleted:CHAPTER II,LAND USE OF WETLANDS, ADD IN TIONS(ZONING),BY - Deleted: AND ADOPTING BY '1'HFi CITY COUNCIL OF DIE CITY OF EDEN PRAIRIE,MINNESOTA ORDAINS: REFERENCE CITY CODE CHAPTER I AND SECTION 11.99,WHICH AMONG OTHER THINGS CONTAIN PENALTY Section 1. City Code Chapter 11 F Section 11.51 entitled"Standards for the Protection of PROVISIONS Wetlands",,is amended as follows: Deleted:as amended by adding Deleted:adopted SECTION 11.51. STANDARDS FOR THE PROTECTION OF WETLANDS Subd.1. Preamble This Code hereby incorporates by reference the Wetlands Conservation Act[Minn,esota Statutes {Deleted:.Stat. 103 G.221 et seq.(herein after referred to as the WCA)]and any future amendments adopted by the legislature. All wetlands, as defined in Section 11.51, Subd. 3 of this Code, including those governed by the Department of Natural Resources,are covered by this Code. Standards outlined in this ordinance have precedence over WCA in situations where the City ordinance is more restrictive in interpretation than WCA. In unique situations where the physical characteristics of a specific parcel of land preclude the strict enforcement of these regulations,alternatives to these standards are established in Section 11.51,Subd.7 of this Code. Subd.2. Purpose Through the adoption and enforcement of this Code, the City shall promote the general health, safety,and welfare of its residents by both conserving and protecting wetlands and requiring sound management practices as provided for in the WCA when development occurs in the vicinity of wetlands. It is the intent of this ordinance to avoid the alteration and destruction of wetlands. Through the implementation of this Code,the City seeks to accomplish the following purposes: 1. Balance the need to preserve and protect natural resources and systems with both the rights of private property owners and the need to support the efficient use of developable land within the City; 2. Promote water quality by maintaining the ability of wetlands to recharge ground water and receive the discharge of ground water,to prevent soil erosion,and to retain sediment,nutrients and toxicants in wetland buffer strip areas before it discharges into community wetlands,lakes and streams,thus avoiding the contamination and eutrophication of these water features; 3. Reduce human disturbances to wetlands by providing a visual and physical transition from / 96. surrounding yards;and 4. Provide wildlife habitat and thereby support the maintenance of diversity of both plant and animal species within the City. Subd.3.Definitions. The following terms,as used in this Section,shall have the meanings stated. Terms not defined shall have the meaning as stated in Section 11.02: A. "Applicant"—The"Applicant"means the personrsubmitting apevelopment Application to the -{Deleted:applying to begin J City. ' Deleted:development in B. "Bog"—A"Bog"is a Type 8 Wetland as defined by U.S.Fish and Wildlife Circular 39. C. "City Manager"—The"City Manager"means the City Manager or his/her designee." D. "City Wetland Map"—The"City Wetland Map"is referenced asIhe,City's Water Body Map Deleted:"Figure 2—Wetland,Lake and as developed for the City's Local Water Management Plan,and as amended from time to time Stormwater Pond Locations"and is part of as wetland, lake and stormwater pond conditions change. The City map adopted by this Deleted:Comprehensive Wetland Protection& ordinance shall be prima facie evidence of the location and classification of a wetland. Deleted:(1999)prepared by the City. The City Wetland Map may be E. "Development Application" — "Development Application" includes but is not limited to applications for Land Development,Site Plan Review,Planned Unit Development,rezoning, platting, land alteration Wetland Banking, Wetland Mitigation, Wetland Replacement or - --Deleted: or Wetland Restoration. Deleted:. F. "Hydroperiod"—The extent and duration of inundation and/or saturation of wetland systems. G. "MinRAM"—The Minnesota Routine Assessment Methodology(MinRAM)as referenced in Minnesota Rules 8420, MinRAM is a field tool used to assess wetland functions on a _.- Deleted:osao,Subpart 10(G). qualitative basis. Functions includefloral diversity and integrity;wildlife habitat;water quality --{Deleted:floristic protection;flood&stormwater attenuation;recreation,aesthetics,education&science;fishery habitat;shoreline protection;groundwater interaction;and commercial uses. H. "NURP Pond"—A stormwater pond constructed to meet National Urban Runoff Program (NURP)requirements. I. "Public Value Credit (PVC)"—Wetland replacement credit that can only be used for the portion of wetland replacement requiring greater than a 1:1 ratio of wetland fill to wetland replacement. J. "Setback"—The minimum horizontal distance between a structure and the nearest edge of the wetland buffer strip. {Deleted:Page 'age 2 • 19 7- K. "Scientific orNatural Area"—"Scientific or Natural Area"means an area designated by local, state or federal action as providing unique qualities such as recreational, scientific or educational uses. This would include,but is not limited to areas that: • have resources restored for specific purposes,such as water quality improvement,wetland mitigation or wildlife habitat, • have a direct hydrologic association with a designated trout stream, • border the Minnesota River, • Are recognized as an Outstanding Resource Value Water(Minnesota Rules Chapter 7050), -{Deleted:. • are within an environmental corridor identified in a local water management plan, • are part of a sole-source aquifer recharge area, • provide endangered species habitat,or • have biological communities or species that area listed in the Natural Heritage inventory database. L. "Structure"—A"Structure"means a Structure as defined in Section 11.02,56 of this Code. M. "Vegetation,Native"-Plant species indigenous to or naturalized to the State of Minneso or_,._---{Deleted:,excluding plant species classified as native in the Minnesota Native Plant Database(Minnesota Dept.of Natural Resources,2002 or as amended). Native vegetation does not include Weeds. N. "Weeds"-Weeds are(i)noxious weeds as defined and designated pursuant to the"Minnesota.- {Formatted: Bullets and Numbering noxious weed law",Minnesota Statutes,Sections 18.76-18.88,as amended from time to timek {Deleted:. or(i)any volunteer plants,such as but not limited to spotted knapweed(Centaurea maculosa) or burdock (Arctium minus). For the purposes of this definition, weeds do not include dandelions or clover. The City Weed Inspector and/or Assistant City Weed Inspector shall maintain a current list of volunteer plants that are prohibited. O. "Wetland"-Lands transitional between terrestrial and aquatic systems where the water table is usually at or near the surface or the land is covered by shallow water. For purposes of this definition,wetlands must: • have a predominance of hydric soils; • be inundated or saturated by surface or ground water at a frequency and duration sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions;and • under normal circumstances support a prevalence of hydrophytic vegetation. P. "Wetland Alteration"—Alteration of a wetland includes changes to the wetland or wetland buffer strip in regards to size, depth or contour; dredging; tilling; ditching; or changes in vegetation. Alterations would not include wetland plantings or selective clearing or pruning of prohibited or restricted noxious weeds as defined in Minnesota Rules 1050.0730 to 1050.0750. unless within a Conservation Easement in which case submittal of and approval of a Vegetation Management Plan from the City is required. ,(Deleted:Page ,Wage 3 Q. "Wetland Buffer Strip"-An area of vegetated ground cover around the perimeter ofa wetland that,either in its natural condition or through intervention,has the characteristics of a Buffer as defined in Section 11.02,7,`Buffer". R. "Wetland Plan"—A"Wetland Plan"includes a summary of all work items that remain to be completed in relation to any wetland alteration or wetland or wetland buffer strip restoration, replacement,or construction and the estimated cost for each item. Work items would include - items such as wetland buffer strip monument purchase and installation, Weed control, landscaping within the wetland or wetland buffer strip. wetland and wetland buffer strip monitoring or any items determined to be incomplete during the development reviewprocess. S. "Wetlands,Exceptional Quality"-Exceptional Quality wetlands have an exceptional floral -.----{Deleted:floristic diversity and integrity function,based on the results of MinRAM. They contain an abundance of different plant species with dominance evenly spread among several species. Such wetlands may support some rare or unusual plant species. Invasive or exotic plant species are either absent or limited to small areas where some disturbance has occurred. These wetlands exhibit no evidence of significant man-induced water level fluctuation. fT. "Wetlands,High Quality"-High quality wetlands have a high floral diversity and integrity-,:---{Deleted:floristic J function,based on the results of MinRAM,and are still generally in their natural state. They tend to show less evidence of adverse effects of surrounding land uses. Exotic and invasive plant species may be present and species dominance may not be evenly distributed among several species. There tends to be little evidence of water level fluctuation due to storms and their shorelines are stable with little evidence of erosion. They show little if any evidence of human influences resulting in higher levels of species diversity,wildlife habitat and ecological stability. U. "Wetlands,Moderate Quality"-Moderate quality wetlands have a moderate floral diversity {Deleted:floristic and integrity function,based on the results of MinRAM. They have a slightly higher number of plant species present than low quality wetlands, often with small pockets of indigenous species within larger areas dominated by invasive or exotic species. Their relatively greater species diversity results in slightly better wildlife habitat. They exhibit evidence of relatively less fluctuation in water level in response to storms and less evidence of shoreline erosion than low quality wetlands. They also exhibit relatively less evidence of human influences and therefore,tend to be of a higher aesthetic quality than low quality wetlands. V. "Wetlands,Low Quality"-Wetlands included in this category have a low floral diversity and -.---{Deleted:floristic integrity function,based on MinRAM,and have been substantially altered by agricultural or urban development that caused over-nitrification,soil erosion,sedimentation and water quality degradation. As a result of these factors these wetlands exhibit low levels of plant species diversity; overcrowding and dominance of such invasive species as reed canary grass and purple loosestrife;and a related reduction in the quality of wildlife habitat.These wetlands may also tend to exhibit extreme water level fluctuations in response to storms and show evidence of shoreline erosion.These wetlands do provide for water quality and serve an important role in protecting water quality downstream. fDeleted:Page a e4 ! 1 (I W. "Wetland Type"—The"Wetland Type"must be determined in accordance with United States Fish and Wildlife Service Circular No.30(1971 Edition)and/or Minnesota Rules 8420, For wetlands greater than 40 acres in size,the overall wetland type shall be one of the following: 1. The wetland type with the deepest water regime within the wetland and within 300 feet of the impact, 2. The wettest dominant water regime if is greater than 20%of the wetland types present within the wetland,or 3. Other method pre-approved in writing by the City Manager or his/her designee. For wetlands less than 40 acres in size,the overall wetland type shall be the wetland type with the deepest water regime within the entire wetland. X. "Wildlife Habitat"-Plant communities that support wildlife in a natural,undomesticated state. Y. "Yard"—That portion of a lot not occupied by a Structure. Yard does not include any wetlands or wetland buffer strips on the property. Z. "Yard-Front"—The portion of a Yard extending across the front of the lot between the side lines of the lot and lying between the front line of the lot and the nearest line of a building. AA. "Yard-Rear"—The portion of a Yard between the rear lines of the building and the rear line of the lot,for the full width of the lot. BB. "Yard-Side"—The portion of a Yard between the building and the side lot line,and extending from the front lot line to the furthest extent of the rear lot line. Subd.4. General Provisions—Identification,Delineation,Mitigation,Testing and Reporting Requirements. A. This Code shall apply to all lands containing wetlands and lands within the setback and wetland buffer strips required by this Code. Wetlands shall be subject to the requirements established herein, as well as restrictions and requirements established by other applicable Federal,State,and City ordinances and regulations.These wetland protection regulations shall not be construed to allow anything otherwise prohibited in the zoning district where the wetland is located. This Code establishes four wetland classifications as defined in Section 11.51,Subd.3 of this Code;Exceptional Quality,High Quality,Moderate Quality,and Low Quality. B. Additional requirements for wetland identification, delineation, mitigation, testing and reporting within the Lower Minnesota River Watershed District (LMRWD) shall be in accordance with the requirements outlined in Section 11.51,Subd. 12 of this Code as well as those outlined below. J{Deleted:Page a e5 , 000 C. The presence or absence of a wetland on the City Wetland Map does not represent a definitive determination as to whether a wetland covered by this Code is or is not present. Wetlands that are identified during site specific delineation activities but do not appear on the City Wetland Map are still subject to the provisions of the Code. It is the responsibility of the Applicant to determine whether a wetland exists on a subject property or within the setback from a wetland on an adjacent property. It is the responsibility of the Applicant to delineate and document the wetland boundary of wetlands on the subject property in accordance with WCA requirements("Wetland Delineation Report')and to evaluate the wetland buffer strip in accordance with Section 11.51.Subd.9 of -{Deleted:'). this Code(Wetland Buffer Strip Evaluation Report). The Wetland Delineation Report and Wetland Buffer Strip Evaluation Report shall be valid for a period of no more than 3 years from the date of the field delineation for these reports. An Applicant shall not be required to delineate wetlands on adjacent property. However,an Applicant shall be required to review available information,including but not limited to the City Wetland Map,County Soil Survey Map,U.S.Fish and Wildlife Service Wetland Maps, and visual information such as the presence of wetland vegetation and hydrologic evidence which can be viewed from the subject property,to estimate the wetland boundary. D. Written documentation identifying the presence or absence of wetlands on the property, including,all Wetland Delineation Reports and Wetland Buffer Strip Evaluation Reports,must - .-- Deleted:any wetland delineation and be provided to the City by the Applicant with the Development Application. It is the wetland buffer strip vegetation evaluation responsibility of the Applicant to contact the City to obtain a wetland or water body identification number and any information regarding the documented wetland,including any existing MinRAM information,for inclusion in any documentation provided to the City by the Applicant. ;The Applicant must also contact the City to obtain a water body identification --- Deleted:All Wetland Delineation number for anyexistingor proposed stormwater or NURPpond within the Development. Reports and Wetland Repouffer Strip P P P Vegetation Evaluation Reports must be provided to the City for evaluation during E. A determination of the function and value of the wetland(s)using the most recent version of development review. MinRAM tor other approved assessmentpnethodology under Minnesota Rules 8420 must be -{Deleted:functional completed by the Applicants __ _________ _ Deleted:(Version 1.0 or newer) Deleted: for 1. For wetlands which are not identified on the City Wetland Max ...--{Deleted: or for 2. For wetlands for which the Applicant's wetland information is significantly different in function,size or position from the City's assessment;or 3. If required by the City Manager or his/her designee. TheiMinRAM assessment must be submitted to the City with the Wetland Delineation Report. --- Deleted:functional F. Water quality testing results must be provided by the Applicant for any Development Application involving a wetland buffer strip of less than 100 feet for wetlands of exceptional quality which contain standing water during the growing season. One water sample must be collected from the surface water(within the upper 12 inches of water)and analyzed by an accredited laboratory for pH,conductivity,total phosphorus,soluble reactive phosphorus,total ADeleted:Page a e6 d0d dissolved solids,total suspended solids and chlorides.The water quality testing results must be submitted to the City with the wetland delineation report. G. For Development Applications involving wetland Alteration, the Applicant must provide -_----{Deleted:filling or draining written documentation to the City with the Development Application regarding the avoidance and minimization efforts used to avoid or minimize impact upon the wetland. Conceptual Net]and Replacement or Wetland Banking Plans for an proposed impacts that would require Deleted:wetland replacement plans replacement under WCA or U.S.Army Corps of Engineers regulatory programs must also be provided to the City by the Applicant with the Development Application. It is the -_.---{Deleted:at this time. responsibility of the Applicant to contact the City to obtain a wetland identification number for use in the Netland Replacement, Wetland Restoration or Wetland Banking Plans for any _.---{Deleted:replacement plan report replacement wetlands constructed within the City. Final Wetland Replacement, Wetland Restoration or Wetland Banking Plans must be submitted to the City for review and approval prior to release of the final plat. H. If the Applicant disputes whether a wetland exists or its classification,the Applicant has the burden to supply detailed information supporting the Applicant's assertion. This includes,but is not limited to,historical aerial photography,topographic,hydrologic,floristic and/or soil data deemed necessary by the City or Local Governmental Unit(LGU)under the WCA to determine the jurisdictional status of the wetland,its exact boundary and its classification. I. Wetland Buffer Strip,EvaluatioN Wetland Delineation Reports and Wetland Banking Plans -tDeleted:Vegetation supplied by the Applicant shall be prepared by a qualified wetland delineator in accordance '- Deleted: and with current state and federal regulations. Wetland delineators must satisfy all certification requirements that are established by the U.S.Army Corps of Engineers or the Minnesota Board of Water and Soil Resources or,in the absence of such certification,are determined by the City Manager to be a qualified wetland delineator. Subd.5. General Standards The following standards apply to all lands that contain and/or abut a wetland or a wetland buffer strip: . A. Structures intended to provide access to or across a wetland shall be prohibited unless a permit is obtained in conformance with Minnesota Statutes and applicable state rules and regulations. B. The Minnesota Pollution Control Agency's Urban Best Management Practices shall be followed to avoid erosion and sedimentation during the construction process. In addition,the Applicant shall follow the regulations set forth in City Code Section 11.55,Subd.6. C. The manner in which storm water is routed through a natural wetland will be designed in accordance with the following hydroperiod standards to avoid water level fluctuations to the wetland during storm and snow-melt runoff events. The standards have been adapted from the State of Minnesota's Storm-Water Advisory Group's"Storm-Water and Wetlands:Planning and Evaluation Guidelines for Addressing Potential Impact of Urban Storm-Water and Snow- {Deleted:Page ,Wage 7 • DOD.- Melt Runoff on Wetlands". Scientific or Natural Areas and Bogs shall be governed by the Exceptional Quality Wetland Standards stated below. Hydroperiod Standard Exceptional High Quality Moderate Low Quality Quality Wetlands Quality Wetlands Wetlands Wetlands Storm Bounce Existing Existing plus 0.5 Existing plus 1.0 No limit feet feet Discharge Rate Existing Existing Existing or less Existing or less Inundation Period for Existing Existing plus 1 Existing plus 2 Existing plus 7 1&2 year day days days precipitation event Inundation Period for Existing Existing plus 7 Existing plus 14 Existing plus 21 10 year precipitation days days days event&greater Run-out control No change No change 0 to 1.0 feet 0 to 4.0 feet elevation(free flowing) above existing above existing run out run out Run-out control Above Above Above Above elevation(landlocked) delineated delineated delineated delineated wetland wetland wetland wetland D. Where a wetland buffer strip is required,the Applicant shall: (i) Before the City releases the final plat or,if there is no plat approval involved,the first building permit for the entire subject property,submit to the City Manager and receive the City Manager's approval of a conservation easement for protection of the wetland and approved wetland buffer strip. The easement must describe the boundaries of the wetland and wetland buffer strips,monuments and monument locations and prohibit any Structures, paving, mowing, introduction of non-native vegetation, cutting, filling, dumping,yard waste disposal,fertilizer application or removal of the wetland buffer strip monuments within the wetland buffer strip or the wetland. (ii) Before the City releases the first building permit for the entire subject property, (a) submit evidence to the City Manager that the approved easement document has been recorded in the Hennepin County Recorder's/Registrar of Titles'office, (b) submit a duplicate original of the easement document executed and acknowledged and otherwise in form and substance acceptable for filing with the Hennepin County Recorder/Registrar of Titles office and, (c) install the wetland monumentation required by Section 11.51,Subdivision 8 of this ordinance. E. All Yards shall be sodded or seeded and mulched. All open areas within the wetland and/or wetland buffer strip shall be seeded and/or planted in accordance with Subdivision 9(C). All sodding, seeding or planting must be completed prior to removal of any erosion control. If ;{Deleted:Page • ,Wage 8 a0.3 construction is completed after the end of the growing season,erosion control shall be left in place and all disturbed areas shall be mulched to protect these areas over the winter season. Variances for sod outside of the wetland buffer strip areas,in accordance with City Code I Section 9.71,shall be considered on a case by case basis. Subd.6. Wetland Buffer Strips and Setbacks A. For a Lot of record or a Development Application approved by the City Council after February 1, 2000, the Applicant shall maintain a wetland buffer strip around the perimeter of all wetlands and all stormwater or NURP ponds which are constructed as part of a wetland mitigation plan or Public Value Credit as part of an approved wetland mitigation plan. The setback and wetland buffer strip provisions of this Code shall not apply to a Lot of record as of February 1,2000 or for Development Applications for which site plans,preliminaryplats,final plats or planned unit development plans have been approved by the,City Council prior to this ------{Deleted:Community Planning Board or date. The City does however,strongly encourage the use of a wetland buffer strip and setback on all lots in the City. B. Wetland buffer strips and structure setbacks shall apply regardless of whether or not the wetland or stormwater pond is on the same parcel as a proposed Development Application. For parcels in which the wetland or stormwater or NURP pond is on an adjacent parcel,the setback and wetland buffer strip requirements for the parcel shall be reduced by the distance between the property line of the parcel and the wetland or stormwater pond on the adjacent parcel. This provision in no way reduces or eliminates any other setbacks required by the City Code or any other law or regulation. IC. The Applicant shall establish and maintain wetland and wetland buffer strip vegetation in accordance with the requirements found in Section 11.51,Subd.9. Wetland buffer strips shall be identified within each Lot by permanent monumentation approved by the City Manager in accordance with Section 11.51,Subd.8. D. Alterations,including but not limited to building,paving,mowing,introduction of non-native vegetation, cutting, filling, dumping, yard waste disposal or fertilizer application, are prohibited within the wetland and wetland buffer strip. However,non-native vegetation,such as European buckthorn,purple loosestrife and reed canary grass,or dead or diseased trees that pose a hazard may be removed as long as,a Vegetation Management Plan is,submitted to the :;.---{Deleted:the wetland buffer strip City for review and written approval. The Vegetation Management Plan must maintain the -''-{Deleted:maintained wetland and wetland buffer strip standards found in Section 11.51,Subd.9 or as required by the City,Manager or his/her designee. The Vegetation Management Plan form must be _-----{Deleted:. obtained from the City. Alterations would not include native plantings that enhance the native vegetation,unless within a Conservation Easement in which case submittal and approval of g,._.--- Deleted: or selective clearing or Vegetation Management Plan from the City is required. Deleted:trees or vegetation that are dead,diseased or pose similar hazards. E. For roadways or other Structures where the City determines that there is no practical alternative except to be aligned either adjacent to or across wetlands,additional wetland filling to create a wetland buffer strip shall not be required. Trails that are intended to serve an interpretive {Deleted:Page ,Wage 9 , function are also exempted from the wetland buffer strip requirement. All other areas and Structures,including roadways and trails shall meet the setbacks and wetland buffer strip standards established in Table 1 below. The use of a meandering wetland buffer strip to maintain a natural appearance ispreferred. _ --{Deleted:encouraged. F. An existing structure,driveway or parking area would be considered a legal nonconforming structure if a later WCA delineation shows that the wetland is closer than the required setback. Table 1-Wetland Buffer Strips and Setbacks Exceptional High Moderate Low Wetland Buffer Strip(Minimum Width) 50' 50' 25' 25' Structure Setback(from Wetland Buffer Strip) 15' 15' 15' 15' Total Minimum Distance from Wetland 65' 65' 40' 40' {Formatted:Space After: 0 pt *_The wetland buffer strip width for stormwater ponds utilized as mitigation credit shall be measured from the Ordinary High Water Level(OHWL)of the pond. Subd.7. Alternative Wetland Buffer Strips and Setbacks With Extraordinary Management Measures A. Recognizing that there are instances where,because of the unique physical characteristics of a • specific parcel of land, alternative wetland buffer strips may be necessary to allow for the reasonable use of the land,the alternative wetland buffer strip standards set forth below maybe applied based on an assessment of the following: - 1. Undue hardship would arise from not allowing the alternative,or would otherwise not be in the public interest, 2. Size of the parcel, 3. Configuration of existing roads and utilities, 4. Percentage of parcel covered by wetlands, 5. Configuration of wetlands on the parcel,and 6. Results of the water quality testing provided pursuant to Subdivision 4(E). B. The appropriateness of using the alternative standards will be evaluated as part of the review of the Applicant's Development Application. An Applicant must receive City Council approval to use the alternative standards. The alternative used must be within the spirit and intent of this Code. C. In instances where alternative wetland buffer strip standards are approved for a wetland,the Applicant will be required to apply extraordinary management measures during and for two years after construction to control erosion,sedimentation and nutrient loading which may affect the wetland. Dual-silt fencing is the recommended measure. Dual silt fencing will be considered properly installed if the up-slope fence is installed on the undisturbed edge of the wetland buffer strip and the down-slope fence is installed 5 to 6 feet into the unscarified ;{Deleted:Page ,Wage 10 �05 wetland buffer strip. Silt fence must be placed outside of the wetland. An Applicant must demonstrate that alternatives to the recommended measures to control erosion,sedimentation and nutrient loading will limit dissolved phosphorus concentration to one milligram per liter (mg/1)or less.Extraordinary management measures that maybe permitted in conjunction with and up-slope from the above wetland buffer strip and setback requirement include,but are not limited to,measures that add redundant protections to normally required Best Management Practices. D. Where alternative wetland buffer strip standards are approved, wetland buffer strips and structure setbacks shall meet the standards established in Table 2 below. Table 2-Alternative Wetland Buffer Strips and Setbacks,With Extraordinary Measures Exceptional High Moderate Low-------{Formatted:Space After: o pt I Wetland Buffer Strip(Minimum Width) 35' 30' 15' 10' Average Wetland Buffer Strip Width 50' 45' 20' 15' • Structure Setback(from Wetland Buffer Strip) 15' 15' 15' 15' Total(Average)Distance from Wetland: 65' 60' 35' ---{Formatted:Space After: 0 pt E. An Applicant shall be responsible for submitting with the Development Application all of the necessary information to document that the proposed extraordinary construction and stormwater management practices will meet or exceed the performance of the required wetland buffer strips and setbacks. An Applicant also has the burden of proving that the purpose and objectives of this Code will be met through the use of these Extraordinary Management Practices. Subd.8. Monumentation A monument is required at each Lot line where it crosses a wetland buffer strip and shall have a maximum spacing of 200 feet along the edge of the wetland buffer strip. Additional posts shall be placed as necessary to accurately define the edge of the wetland buffer strip. If no wetland buffer strip is required,monuments shall be placed at the wetland boundary. The monument shall consist of a post and a wetland buffer strip sign. The post shall be of a material approved by the City Manager,such as a fiberglass reinforced composite post with a maximum size of 4 inch by 4 inch(4" x 4"). The sign shall be mounted flush with the top of the post and shall state"Wetland Buffer:No Mowing Allowed"or"Wetland Buffer:Vegetation Clearing Limit". 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. Monuments may be waived in unusual circumstances where the City determines that such signs would not serve a practical purpose. Subd.9. Ve etation Performance Standards --{Deleted:Wetland Buffer Strip I A. Where acceptable natural vegetation exists in wetland and wetland buffer strip areas, the retention of such vegetation in an undisturbed state is required unless an Applicant receives -{Deleted:Page ,Wage 11 approval to replace such vegetation. A wetland and/or wetland buffer strip has acceptable natural vegetation if it I --- Deleted:(i). 1. has a continuous,dense layer of perennial grasses that have been uncultivated or unbroken for at least 5 consecutive years,or 2. ,has an overstory of trees and/or shrubs with at least 80 percent canopy closure that have ---{Deleted:(ii). been uncultivated or unbroken for at least 5 consecutive years,or 3. ,pontains a mixture of the plant communities described in(1)and(2)abovesthat have been --{Deleted:(ih7. uncultivated or unbroken for at least 5 consecutive years. (Deleted:, B. Notwithstanding the performance standards set forth above in Subdivision 9 (A), the City Manager may determine existing wetland and/or wetland buffer strip vegetation to be unacceptable if: Deleted:(i) 1. it is composed of,Weeds (including, but not limited to common buckthorn, purple ,----{{Deleted:undesirable plant species loosestrife,leafy spurge and/or noxious weeds as defined by Minnesota Statutes,Sections 18.76-18.88),or 2. ,has topography that tends to channelize the flow of surface runoff,or -{Deleted:(ii). 3. for some other reason it is unlikely to retain nutrients and sediment. --- Deleted:(iii). • C. Where wetlands and/or wetland buffer strips,or a portion thereof,are not vegetated or have been cultivated or otherwise disturbed within 5 years of the permit application,such areas shall be re-planted and maintained. The wetland and wetland buffer strip plantings must be identified on the Development Application. The wetland and wetland buffer strip landscaping shall be according to each of the following standards: --• Deleted:(i).Wetland buffer strips shall 1. Planted with a seed mix containing 100 percent perennial native vegetation,except for a be planted one-time planting of an annual nurse or cover crop such as oats or lye. 2. ,,Seed mix,used shall be broadcast at a minimum rate of 30 pounds per acre. The annual -- Deleted:(i)-The seed J nurse or cover crop to be used shall be applied at a minimum rate of 20 pounds per acre. f Deleted:to be The seed mix shall consist of at least 12 pounds pure live seed(PLS)per acre of native prairie grass seed and 3 pounds PLS per acre of native forbs. Native prairie grass and native forb mixes shall contain no fewer than five(5)native prairie grasses and fifteen(15) native forb species. The Minnesota Department of Transportation Mix for prairie sedge and prairie meadow areas,Mixture 25A Modified(25B or 26B)or other alternative pre- approved by the City Manager can be used to meet these requirements. Applicants may obtain from the City a set of Native Wetland & Buffer Area Seeding Guidelines for wetland buffer strips that meet City requirements. 3. ,Native shrubs may be substituted for native forbs. All substitutions must bepre-approved --{Deleted:(iii)., by the City Manager. Such shrubs maybe bare root seedlings and shall be planted at a minimum rate of 60 plants per acre. Shrubs shall be distributed so as to provide a natural appearance and shall not be planted in rows. 4. Any groundcover or shrub plantings installed within the wetland buffer strip are --{Deleted:(iv). independent of landscaping required elsewhere by the City Code. {Deleted:Page e12 • 5. Vativeyrairie grasses and forbs shall be seeded or planted by a qualified contractor. The Deleted:(v). ) method of application and determination of the contractor's qualifications shall be made by the City Manager. It is the responsibility of the Applicant to have the contractor and method used approved by the City Manager prior to planting or seeding. 6. Vo fertilizer shall be used in establishing new wetland buffer strips, except on Deleted:(v1). disturbed sites when deemed necessary to establish acceptable wetland and/or wetland buffer strip vegetation and then limited to amounts indicated by an accredited soil testing laboratory. Determination of proper accreditation shall be made by the City Manager. 7. ,All seeded areas shall be mulched immediately with clean straw at a rate of 1.5 tons per Deleted:(vii) ) acre. Mulch shall be anchored with a disk or tackifier. 8. Wetland and wetland buffer strips(both natural and created),shall be protected by erosion control during construction in accordance with Section 11.51,Subd.7. 9. The erosion control shall remain in place until the area crop is established. D. The Applicant shall establish and maintain the wetland and wetland buffer strip vegetation in accordance with the requirements found in this Code„both during development and for two full Deleted:. During the first growing seasons after completion of the development. During this time,the Applicant must replant any wetland and/or wetland buffer strip vegetation that does not survive. E. AfterShe second full growing,season following completion ofthe development,ifthe condition ....._{Deleted:two of the wetland and/or wetland buffer strip changes,the Applicant shall not be required to Deleted:seasons • reestablish the wetland and/or wetland buffer strip to meet the standards contained in Section 11.51, Subd. 9,of this Code. Instead, the affected property owner and/or homeowner Deleted:.The Owner shall be responsible for reseeding and/or replanting association shall be responsible for the maintenance of the wetland and wetland buffer strip if the wetland buffer strip changes at any after the second full growing season following completion of the development and must: time tluough human intervention or activities.At a minimum the wetland buffer strip must be maintained as a"no 1. Maintain and repair damage to wetland and/or wetland buffer strip areas from activities mow"area. such as mowing,cutting,grading or other prohibited activities unless approved by the City in writing as a Vegetation Management Plan. 2. Maintain only vegetation permitted in the Vegetation Management Plan or as found in Section 11.51.Subd.9 of this Code in the wetland and wetland buffer strip,including the removal of all Weeds,unless allowed otherwise in writing by the City Manager or his/her designee. 3. Ensure that all soil surfaces in buffer areas are planted with permitted vegetation and that there are no open soil surfaces that may result in erosion. 4. Maintain the wetland and wetland buffer strip as a"no mow"area. Subd.10. Encroachment in Required Setback and Wetland Buffer Strip Areas I A. ;Wetlands and wetland buffer strips must be kept free of all Structures.,Wetlands and wetland Deleted:wetland buffer strips must not be mown except as pre-approved in writing by the City Manager for Deleted:Wetland maintenance practices. The acceptability of the proposed maintenance practices shall be made by the City Manager. ADeleted:Page „Rage_13 DOW' B. No more than ten percent (I0%) of the Structure Setback area may be occupied by any Structures. C. Variances/Waivers (i) Only variances meeting the standards and criteria set forth in Section 11.76,Subd.1 and waivers approved pursuant to Section 11.40,Subd.8 for a Planned Unit Development (PUD)process shall be granted. All variance requests must be made to the Board of Adjustments and Appeals. All waiver requests must be made to the Community Planning Board and the City Council. (ii) Variances or waivers shall not be granted which would circumvent the intent and purposes of Section 11.51. Subd.11. Performance Bond Required. If a Development Application includes wetland alteration, wetland or wetland buffer strip Deleted:requires landscaping or construction of a wetland buffer strip/he Applicant,tnust file with the City Manager --- Deleted:no work shall begin and no or his/her designee prior to release of the final plat,or,if there is no plat approval involved,the first pests shall be issued until building permit for the entire subject property,a performance bond,cash escrow or letter of credit (Deleted:files with a corporation approved by the City Manager,as surety thereon,or other guarantee acceptable to the City Manager and in an amount determined by the City Manager as set forth below: A. Amount- The amount shall be for no less than one and one-half(1 'A)times the amount estimated by the City Manager as the cost of completingis Wetland Plan for restoration and/or -•f Deleted:said correction of the wetland and/or wetland buffer strip, The performance bond must cover two Deleted: landscaping. complete growing seasons following completion of the development and must be conditioned upon complete and satisfactory implementation of the approved wetland buffer strip landscape plan or Vegetation Management Plan and final inspection of the wetland buffer strip by the City. B. Submittals—The Applicant shall provide one copy of a signed contract with an environmental consultant to monitor annual compliance and certify final completion of the wetland buffer strip requirements after the end of the second full growing season after completion of the development. C. Form of Application—The performance bond,cash escrow,letter of credit or other guarantee acceptable to the City Manager shall be posted within 10 days of approval of the Development Application and prior to the commencement of the Development or the preparations thereof. Subd.12 Special Requirements for Lower Minnesota River Watershed District The following provisions apply to the Lower Minnesota River Watershed District(LMRWD),for which the City of Eden Prairie is Local Government Unit(LGU). !{Deleted:Page j • J''age 14 4OCI A. Wetland Alteration,Wetland Replacement.Wetland Restoration or Wetland Bank Application —Application for a wetland alteration.wetland replacement,wetland restoration or wetland bank permit(Application)shall be made in writing to the City. The Application shall set forth the location and plan for the proposed project. The Application shall be valid for a period of no more than three years. If the work has not begun within three years of the date of Application.the Application shall be void. The Application shall also include: 1. The name and address of the person(s)applying for the permit. 2. The name and address ofthe owner(s)of the land where the project will occur. 3. The estimated period of time within which the project will be conducted. 4. A topographic map ofthe proposed project area(s)to a minimum scale of one inch equals 50 feet showing existing ground elevation contours at two-foot intervals. The map shall also show: a. The land as it exists prior to the proposed land alteration and a minimum of50 feet of land abutting the land. b. The proposed around elevation contours at 2 foot intervals on the land when the land alteration is completed. • c. Photographic reference points and proposed transect or sampling locations for wetland replacement or wetland banking plans. 5. Grading plan ofthe proposed project area(s)to a minimum scale of one inch equals 50 feet prepared by a registered engineer that includes appropriate drainage calculations,proposed contours of the land when the project is complete and erosion control to be used during construction. 6. Landscaping or revegetation plan at the same scale as the topographic map. 7. Such other information as may be necessary to evaluate the proposed wetland alteration. wetland replacement and/or wetland banking plans. B. Reference Photographs — Reference photographs will be required within 4 weeks from completion of the grading and/or landscaping. Reference photographs must be taken during July or August during of each monitoring period described in Minnesota Rules 8420. C. Wetland Replacement or Wetland Bank Plan Approval-Wetland Replacement or Wetland Bank Plans shall be allowed subject to recommendation ofthe Community Planning Board and approval by the City Council as recommended by Staff. D. Fees—Applications for a Wetland Alteration,Wetland Replacement,Wetland Restoration or Wetland Bank Plan shall include a non-refundable fee for amounts which have been determined by the City Council and fixed by resolution to defray administrative costs. A deposit in an amount as established by the City Manager or his/her designee shall accompany the Development Application. The deposit,or a portion thereof,will be refunded after final City Council action on the Development Application if the total sum is greater than the administrative review cost.which may include,but is not limited to: 1. Consultant fees assisting in City review. 2. City staff time expended in review of the Application. fDeleted:Page I ,Wage 15 • 3. Mailing,legal notices and other administrative costs. 4. Any other reasonable costs incurred by the City in review of the proposal. Full payment of the fees and/or deposit must be made by the Applicant prior to consideration of the Development Application. E. Performance Bond—The performance bond,cash escrow or letter of credit required in Section 11.51, Subd. 11 shall include costs associated with the WCA requirements for wetland alteration,wetland replacement,wetland restoration or wetland bank projects,including but not limited to construction and annual monitoring for a minimum period of 5 years. The performance bond,cash escrow or letter of credit may extend beyond the required monitoring period for not more than an additional five-year period if the goal of the replacement plan has not been achieved, but in the written opinion of the technical evaluation panel, may be achieved with more time. Wetland quality will be considered when establishing the performance bond requirements. The amount of security shall be 150%of the estimated cost to complete the scope of work associated with the Wetland Plan,wetland restoration,wetland mitigation,wetland replacement and/or wetland bank plan. Section 2—Pursuant to Minnesota Statutes Section 103G.2243,the City Council adopts a . Local Comprehensive Wetland Protection and Management Plan which has been prepared under the requirements of Minnesota Rules,Chapter 8420. Section 3—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 4-Effective Date -This Ordinance shall take effect upon its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the day of 2003 and finally read and adopted and ordered published at a regular meeting of ;_.--- Deleted:18th the City Council of said City on the = day of.2003. Deleted:,January 2000 Deleted:lit fDeleted:February 2000 , City Clerk Mayor PUBLISHED in the Eden Prairie,Sun Current on the day of, , --- Deleted:News 2003. Deleted:_ Deleted: , 2000. {Deleted:Page ,age 16 0 I I CITY COUNCIL AGENDA DATE: March 18, 2003 SECTION: Reports of Advisory Boards and Commissions DEPARTMENT/DIVISION: ITEM DESCRIPTION: Community Center ITEM NO: Parks and Recreation Improvement Study Through: Robert A. Lambert A . Director From: Laurie Obiazor,Manager of Recreation Services Requested Action Motion: Move to approve the Community Center Concept Plan as prepared by Delano Erickson Architects, and approved by the Community Center Improvement Study Committee and the Outdoor Pool Feasibility Study Committee at the February 18, 2003 joint committee meeting. Synopsis On October 7, 2002 the Parks, Recreation and Natural Resources Commission approved the committee charter statement appointing an ad hoc committee to evaluate the improvements needed at the Community Center. On November 4, 2002 the Parks, Recreation and Natural Resources Commission appointed nine representatives to serve on the ad hoc committee; a Foxjet Board member, a Hockey Association Board member, a Figure Skating Club member, a School District staff person, three Community Center members, and two members of the Parks, Recreation and Natural Resources Commission. The committee first met on November 18, 2002 with Del Erickson to evaluate the improvements needed at the Community Center to address complaints, concerns, and requests, as well as recommendations for improving services needed and expected at municipal community centers. Del Erickson is the architect who designed the second ice rink and the concept plan for the proposed third ice rink. He also designed a concept plan for various improvements to the Community Center which was approved by the City Council about ten years ago. On December 7, 2002 the committee members toured the Maple Grove Community Center, Shoreview Community Center and the Chaska Community Center. On December 17, 2002 the committee members reviewed their thoughts and comments about the community centers they visited. The committee then developed a list of improvements and additions for the Eden Prairie Community Center which they conveyed to Del Erickson. a1D-- City Council Agenda 3/18/03 Community Center Improvement Study Page 2 On January 14, 2003 the committee reviewed concept plans for various expansion options and obtained consensus from the committee on a preferred option. The committee also discussed the cost estimates of various components. On January 27, 2003 the committee reviewed and approved the conceptual site plan as presented by the Del Erickson, with additional comments received from the committee to be incorporated into the plan before the next meeting. On February 18, 2002 the Community Center Improvement Study Committee and the Outdoor Pool Feasibility Study Committee approved the Community Center Concept Plan prepared and presented by Del Erickson. Background The Eden Prairie Community Center was constructed in 1981 to provide family oriented indoor recreation facilities. In 1990, the City Council sold revenue bonds to fund the second rink, which opened in 1992. The Center's ice rinks and indoor swimming pool have been the facility's major activity anchors, supported by community rooms, the fitness center, and three racquetball courts. A Community Forum was held in October 2000 to gain insight from residents on future recreation and leisure needs. Sixty-one percent of the residents who participated in the electronic brainstorming session believed that there is a need for additional recreational facilities and improvements to the existing facilities at the Community Center. The Community Survey completed in January 2001 indicated that the majority of Eden Prairie . ' residents expected the City to make improvements to the Community Center. The majority of those residents supported an outdoor water park as the highest priority improvement, followed by a multi use area to provide youth and teen programs and services, as well as expanded fitness facilities. Additions and Improvements Please refer to the attached Community Center Improvement Study Architect's Report prepared by Del Erickson which outlines the proposed additions, improvements and cost estimate. The Community Center Concept Plan includes the following additions and improvements: - Exterior • Expansion of the parking lot, which would require relocation of the baseball field and elimination of two softball fields north of Valley View Road. • Reconfigure parking lot layout to separate flow through traffic from the parking lot; access drive (Constitution Avenue) connecting Valley View Road with the private school access drive. ;r • Make the drop-off area larger and not such a tight turn. City Council Agenda 3/18/03 Community Center Improvement Study Page 3 • Tier II Skate Park with adjacent picnic area (15,000 S.F.) proposed future expansion on the north side of the Community Center. Lower Level • Expansion of the-main lobby area(3,600 S.F.). • Addition of a multi use gymnasium with storage space. • Addition of a multi use area (1,500 S.F) for teens, seniors, etc. adjacent to the gymnasium. ' • Addition of a foyer(1,000 S.F.) to access the gym and Rink I. • Addition of four team rooms under the spectator seating area on the east side of Rink I. • Expanded skate lounge area on the south end of Rink I. • Future storage(1,000 S.F.) and future training area(4,000 S.F.) on the north end of Rink I. • Convert racquetball court 3 into storage(750 S.F.). • Retain meeting rooms A & B. • Addition of a control desk and administrative offices (1,500 S.F.) in the central lobby area. • Retain public restrooms on main level. • Addition of a concession area (1,000 S.F.) and a food lounge (1,500 S.F.) off the main lobby on the south side of the Community Center. • Addition of a Child Care Center(1,100 S.F.). • Expansion of the existing locker rooms (4,000 S.F.). • Addition of a separate hallway to Rink II. • Excavation of the existing indoor swimming pool to a depth that would allow competitive swimming teams to resume using starting blocks. • Upper Level • Retain meeting room C. IL City Council Agenda 3/18/03 Community Center Improvement Study Page 4 • Convert racquetball court 3 upper level to a meeting room. • Expand existing fitness center to include an aerobics room (1,400 S.F.), free weight area (1,000 S.F.) and large workout room for fitness machines(4,000 S.F.). • Option for a sun deck on the south end of the fitness center area overlooking the proposed outdoor pool complex. • Addition of public restrooms in the upper lobby area next to the fitness center. • Addition of spectator seating on the upper level for the indoor pool. • Addition of a view lounge area between the indoor pool and Rink I. • Future view gallery and future upper training area on the north end of Rink I. • Closed deck bleacher seating upper Rink I. • Addition of a lounge, concession/vending area on the upper level on the east side of Rink I. . • Addition of a walking track(5,000 S.F.) around Rink II upper level(8 laps= 1 mile). Estimated Cost The estimated cost for the expansion of the Community Center is 7.3 million dollars. Recommendation Del Erickson of Delano Erickson Architects will attend the March 3rd Commission meeting to give an executive summary of the Community Center Improvement, Study and to answer questions regarding this proposed project. Jeffrey Gerst, Chair of the Community Center Study Committee will also be able to discuss the committee's recommendation for addition's and improvements to the Community Center. Attachments: Charter Statement Architect's Report • CITY COUNCIL AGENDA DATE: March 18, 2003 SECTION: Reports of Advisory Boards and Commissions DEPARTMENT/DIVISION: ITEM DESCRIPTION: Outdoor Pool Feasibility ITEM NO: Parks and Recreation Study _xj:i •E Robert A. Lambert Director • Requested Action Motion: Move to accept the Pool Study Committee's Report and approve the Community Center site for an outdoor swimming pool, and the concept design for development of an outdoor pool. Synopsis On June 3, 2002 the Parks, Recreation and Natural Resources Commission approved the committee charter statement appointing an ad hoc committee to study the feasibility of an outdoor swimming pool. The task force was responsible for recommending the best site for an aquatic center, the type of schematic design, and whether or not the project is financially feasible based on being able to meet its operating costs and paying a portion of the debt on construction costs. The final report from the task force indicates that the best site for an outdoor pool is immediately adjacent to the Community Center between the Community Center and Valley View Road. The schematic design should include a separate zero depth shallow pool for families and children, a large recreational pool that would include a zero depth entry, a diving well, a receiving pool for at least two water slides, and six lanes, 50 meters in length, to accommodate lap swimming. The committee also recommends a lazy river that would accommodate a tube water slide. The entire pool should encourage interactive play and have piping that would accommodate future additions such as additional water slides or water play features. The access control would be through the Community Center, and the concession operation would also be operated within the Community Center with direct access to the pool. Development of this project would be contingent upon expansion of the Community Center and expansion of the parking lot, which would require relocation of the baseball field and elimination of two softball fields north of Valley View Road. Feasibility Study Summary Committee members were appointed to the ad hoc committee at the July 1, 2002 Parks, Recreation and Natural Resources Commission. The committee first met on July 15th to 16 City Council Agenda 3118/03 Outdoor Pool Feasibility Study Page 2 interview consultants for the project. At that meeting, the committee interviewed three finalists and recommended Burbach Aquatics as the consultant for this project. In August of 2002 the committee toured water parks at Apple Valley, Eagan, St. Louis Park, Bloomington, and Edina, and based on the information from that tour and discussion with managers of those sites developed criteria they believed was important for the Eden Prairie pool. Site Evaluation On September 16, 2002 the committee began meeting with the consultant and considered four sites, but evaluated only three after rejecting the Preserve pool site. The Preserve Homeowner's Association bylaws make a joint project with the Preserve impractical, if not impossible. The three sites reviewed by the consultant included site number one, which would require the elimination of softball fields one and two within Round Lake Park east of the swimming beach and hockey rinks. Site number two was also within Round Lake Park north of Valley View Road in the vicinity of the existing baseball field and softball field number 5. Site number three was the preferred site on the south side of the Community Center between the Community Center and Valley View Road. Estimated Cost The estimated cost for development of the outdoor pool is 7.9 million dollars. This does not include costs for expansion of the locker rooms at the Community Center or the concession facilities within the Community Center, nor does it include site work that would be required to expand the parking lot from 295 parking spaces to approximately 375 parking spaces. The estimated cost for expansion of the Community Center is 7.3 million dollars. This includes three hundred thousand dollars to excavate one end of the existing indoor swimming pool to a depth that would allow competitive swimming teams to resume using starting blocks. The National Federation of State High School Associations increased the required depth to 4 feet in 2002. (The Community Center is at 31 feet.) The site work for relocating the baseball field and expanding the parking facilities, etc. is approximatelyl.3 million dollars; therefore, the total cost for this project would be 16.5 million dollars. Operating Costs City staff project the estimated annual operating costs for the outdoor pool would be approximately $600,000 per year with an estimated annual revenue of approximately $700,000 per year. Staff would recommend all excess revenue be dedicated to a fund used for repair, replacement, and improvements to the outdoor pool. City Council Agenda 3/18/03 Outdoor Pool Feasibility Study Page 3 City staff would recommend that the City Council consider conducting a random sample survey of the community to determine if these improvements would be supported through a referendum prior to determining if that is the preferred funding method for this project. Marketing Study The marketing evaluation completed by Burbach on October of 2002 indicated that based on the industry standard formula to determine the required water area for recreational swimming, Eden Prairie is in need of an additional 59,182 square feet, The amount of surface water proposed in the schematic plan is 31,300 square feet. This information indicates that there will still be a demand for over 27,000 square feet of public recreational swimming water after this facility is completed. Based on this information City staff believe that this facility would retain a high usage number for the life of the facility, even though staff would anticipate other outdoor recreation facilities would be developed within neighboring communities within that time frame. The key for high demand usage of these facilities appears to be a commitment of the operating agency to continue to add improvements or new features to the facility on a regular basis to retain interest of the participants; therefore, it is critical to commit to reinvesting in this site with the revenue generated above operating costs each year. Recommendation On February 18th the Outdoor Pool Feasibility Study Ad Hoc Committee voted unanimously to recommend the Parks, Recreation and Natural Resources Commission approve the Community Center site for an outdoor swimming pool, and the concept design for development of an outdoor pool at a cost not to exceed 7.9 million dollars. The committee also unanimously approved the concept design for the expansion of the Community Center, including excavating the existing indoor pool to allow resumption of competitive swim meets, and the site plan which expands parking to 375 parking spaces. Mike Boland, chair of the Study Committee, will attend the March 18th Commission meeting to give a brief summary of the committee report and to answer questions regarding this proposed project. RAL:mdd air CITY COUNCIL AGENDA DATE: SECTION: Reports March18,2003 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Scott Neal, City Manager Clean Air Taskforce 1 � . Requested Action Move to: Approve the proposed model for a clean air task force. Synopsis The City Council has requested that an ad hoc citizen's task force be established to study recommendations to improve the quality of indoor air in Eden Prairie. The task force model proposed in City Manager Memorandum#2003-014 was previously reviewed with the City Council at the Council's February 18, 2003 Workshop. Suggestions and input from Councilmembers at the Workshop has been incorporated into the attached proposal. If the proposed task force model is approved by the City Council, I believe the task force could be appointed by the Council as early as April 15, 2003. Attachments Memorandum Office of the City Manager Memorandum #2003-014 DATE: February 25,2003 TO: Mayor and City Council FROM: Scott H.Neal, City Manager RE: Proposed Clean Indoor Air Task Force After the Council's February 18,2003 Workshop discussion concerning the proposed Clean Indoor Air Task Force, I modified the task force model that was dated November 5,2003 to reflect the Council's more recent directions. The following is a restatement of the task force model followed by the detailed description of the proposed Clean Indoor Air Task Force: 1. The Objective The objective of the task force is a statement that clearly states the fundamental purpose of the task force. 2. The Problem/Opportunity Statement The problem/opportunity statement provides greater context of the problem/opportunity that the task force has been empanelled to investigate or resolve. 3. The Givens The givens in this task force model are statements,facts,truths,or policies approved by the Council that must be used by the task force as assumptions during their deliberations. Task force deliberations, outcomes and recommendations may not be in conflict with the"given"statements from the Council. 4. The Expectations The expectations are statements from the Council to the task force of how it expects the task force to deliberate and what policy issues are to be addressed in the final deliverable produced by the task ap-0 5. Selection of Task Force Members The Council establishes a clear method for the selection of task force members. The Council also establishes how task force members are appointed, and possibly how they are removed and/or replaced. 6. Sequence of Decisions The Council establishes the sequence of decisions and events for the task force, including establishing task force deadlines. 7. Process Design The Council establishes the process it will use to consider the final deliverable of the task force. The Council adopts the process in advance as a pledge to each other about what the Council will do with the final deliverable when it is delivered to them. This is especially important if the final deliverable is anticipated to be potentially controversial. 8. Communications Plan The Council establishes a communications plan for the task force in order for the Council and the public to be informed of the task force's activities. • DRAFT Task Force Model: 2003 Clean Indoor Air Task Force 1. Objective—The objective of the task force is to prepare a list of recommendations for the City Council to consider adopting which will increase the quality of indoor air in buildings in Eden Prairie. • 2. Problem/Opportunity Statement—The community has engaged in a broad community discussion of the merits of adopting local regulations that would restrict the ability to smoke indoors in buildings in Eden Prairie. The discussion, for a variety of reasons, did not culminate in a consensus on new regulations. The end result of the discussion was the Council's agreement to appoint a citizen task force to examine the issue from a variety of community perspectives. 3. The Givens—The Council establishes the following set of givens to guide the task force: a) The City Council will appoint the members of the task force. b) Smoking cigarettes has been proven to be unhealthy to the smoker and to the non-smokers who must inhale second-hand smoke. c) Increasing the quality of indoor air in Eden Prairie buildings is a desirable outcome for the citizens of Eden Prairie. d) The task force will conduct its affairs as a public task force and comply with all State Statutes effecting public bodies. e) The task force will invite representatiyes from the Eden Prairie hospitality industry to attend and participate in the activities of the task force. `DsD I 4. The Expectations—The Council establishes the following set of expectations to guide the task force: a) The meetings of the task force will be considered to be open,public meetings. b) The City Manager shall provide sufficient staff support for the proper functioning of the task force. c) Recommendations submitted to the Council as part of the final deliverable shall be no more restrictive than current State Statutes. d) New guidelines for building owners to improve the indoor air quality of their buildings included in the recommendations submitted to the Council as part of the final deliverable must be voluntary. e) The final deliverable shall recommend a system of recognition for building owners who comply with voluntary City guidelines to improve indoor air quality. f) The final deliverable shall recommend to the Council a system for measuring compliance with any new indoor air quality guidelines. g) The final deliverable must provide reasonable cost estimates of the cost of implementing new indoor air quality guidelines. 5. Selection of Task Force Members—The City will establish an open application process for members of the Eden Prairie public to express their interest in serving as a member of the task force. The task force will be limited to no more than fifteen members. Each member of the Council may appoint one member of the task force. The remaining ten members will be nominated by the Mayor and approved by the City Council. The Mayor's nominations will be approved by a majority vote of the Council. The City Council will appoint two of its members to serve as ex officio representatives to the task force. 6. Sequence of Decisions—The task force shall be formally appointed by the City Council on or before April 1, 2003. The task force shall meet as necessary until its work is completed. The task force shall deliver its final deliverable to the Council on or before November 1, 2003. 7. Process Design—The Council will select a neutral third-party consultant to chair the meetings of the task force. The Council will allocate a budget of$3,500 to fund the operations of the task force, exclusive of consulting personnel costs. 8. Communications Plan—The City's Public Relations Coordinator will serve as the task force's public information officer. The Chair of the task force will provide a verbal update on the task force's activities to the City Council at the first Council meeting of every month. CITY COUNCIL AGENDA DATE: March 18, 2003 SECTION: Reports of Director Parks and Recreation Services DEPARTMENT/DIVISION: ITEM DESCRIPTION: Proposed Expansion of ITEM NO: Parks and Recreation Flying Cloud Fields v Robert A. Lambert Director C Requested Action Motion: Move to approve of the expansion plan for Flying Cloud Ballfields and to consider the most appropriate method for financing the development of this facility in the near future.. Synopsis: In the spring of 2002 City staff met with the presidents of the various athletic associations to discuss what facilities are needed to accommodate the continuation of youth athletic programs within the City of Eden Prairie. As a result of those meetings, the consensus of opinion was that programs utilizing soccer/football fields will continue to show growth over the next five to ten years and will require at least four additional regulation soccer fields. There is also continued growth in the number of young men that are continuing to play baseball at an older age. One additional regulation baseball field would be required to meet this growing need. The attached plan proposes to relocate the existing (80 foot base path) baseball field at Flying Cloud Fields to the west, and add one new (90 foot base path) baseball field. The (80 foot base path) baseball field would be replaced by two regulation soccer fields at that location, and one additional regulation soccer field and three additional junior size soccer fields would be constructed west of the current fields. This proposed expansion will cost approximately two million dollars and staff believe funding alternatives for a project of this size would include either a referendum, a grant or significant donations to supplement park dedication fees. 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I /�A jtif`f• . 1}l, u t,,,,,, •,`.___• •- tIV't • if " \ \�: •• f t n i II xarKR r 1. .1r] o .l_OC ZI i�ii .. _J-� ( J corn j t $�= a� v it - ^^ co ! Flying Cloud Ballfields Expansion Grading,Drainage,Pavement,Utilities and Irrigation Conceptual Cost Estimate 11-22-02 • Grading and Pavement ITEM DESCRIPTION EST.QTY. UNIT UNIT PRICE TOTAL 1 Site Grading 194000 Cu Yd $2.50 $485,000.00 2 Subgrade Excavation 750 Cu Yd $3.50" $2,625.00 3 Fine Grading Athletic Fields 9.5 Acres $2,100.00 $19,950.00 4 2"Bituminous Base 3000 Tons $35.00 $105,000.00 5 1.5"Bituminous Wear • 2300 Tons $40.00 $92,000.00 6 8"Class 5 100%Crushed Quarry Rock(Parking Lot) 11900 Tons $12.00 $142,800.00 7 B612 Concrete Curb and Gutter 8000 Lin.Ft. ' $9.00 $72,000.00 8 8'Bituminous Walk(Complete in place) 1250 Lin.Ft. $12.00 $15,000.00 9 Concrete Apron 1 Lump Sum $2,000.00 $2,000.00 10 Ag-Lime for Baseball Infields and Warning Tracks 2600 Tons $15.00 . $39,000.00 11 Porta Pots w/walls and slab • 3. Each $2,000.00 $6,000.00 12 Remove and Salvage Fence 920 Lin.Ft. $4.00 $3,680.00 13 Security Fence 1050 Lin.Ft. $11.00 $11,550.00 14 Permanent Stop Sign(R1-1) '1 Each $150.00 $150.00 15 Turn Lane Sign 1 Each . $150.00 $150.00 16 Handicap accessible parking signs(R7-8a) 4 Each $150.00 $600.00 17 Pavement Markings(Striping) . , _- 1 Lump Sum $6,500.00 $6,500.00 18 Clear and Grub 1 Lump Sum $10,000.00 $10,000.00 19 Sod w/Topsoil 9000 Sq.Yd. $4.00 $36,000.00 20 Seed w/Topsoil 25 Acres $3,000.00 $75,000.00 21 Erosion Control(silt fence) 1600 Lin Ft. $2.00 • $3,200.00 22 Haybales(around inlets) _ 250 Lin.Ft. $3.50 $875.00 23 Rock Filter Dike 1 Each $1,000.00 $1,000.00 _ 24 Wood Fiber Blanket 18000 Sq.Yd. $3.50 $63,000.00 25 Fencing,complete and in place 1 Lump Sum $140,000.00 $140,000.00 26 Remove Silt Fence 1600 Lin.Ft. $0.60 $960.00 27 Construction Signing and Flagging 1 Lump Sum $5,000.00 $5,000.00 Grading and Pavements Subtotal $1,339,040.00 ** Does not include benches,scoreboards,shelter,dugout slabs,plazas,lighting ,a e Storm Sewer and Watermain ITEM DESCRIPTION EST.QTY. ' UNIT UNIT PRICE TOTAL 1 6"DIP 800 Lin.Ft. $19.00 $15,200.00 2 PIastic Film Wrap 900 Lin.Ft. $1.20 $1,080.00 3 6"Gate Valve 4 Each $700.00 $2,800.00 4 Fire Hydrant 2 Each - $1,900.00 $3,800.00 5 Wet Tap Existing Watermain 2 Each $2,000.00 $4,000.00 6 4"DIP 100 Lin.Ft. $17.00 $1,700.00 7 4"Gate Valve 2 Each $550.00 - $1,100.00 8 Fittings 550 Lbs. $2.50 $1,375.00 9 1"Copper Service 100 Lin.Ft. $9.00 $900.00 10 1"Corporation Stop 2 Each $30.00 -$60.00 11 1"Curb Stop&Box 2 Each $100.00 $200.00 12 Irrigation System,complete and in place 1 Lump Sum $60,000.00 $60,000.00 13 Drinking Fountains 2 Each $3,000.00 $6,000.00 14 4"Drain tile w/fabric wrap 5000 Lin Ft. $6.00 • $30,000.00 15 27"Catch Basin w/Frame and Grate 2 Each $1,100.00 $2,200.00 16 48"CB/MH w/Frame and Grate . 19 Each $1,400.00 $26,600.00 17 72"Sumps Catch Basins 2 Each $3,500.00 $7,000.00 18 12"RCP 2010 Lin.Ft. $25.00, $50,250.00 • 19 15"RCP 1000 Lin.Ft. $28.00 $28,000.00 20 18"RCP 660 Lin.Ft. $30.00 $19,800.00 21 24"RCP 10 Lin.Ft. $36.00 $360.00 22 15"FES s 3 Each $725.00 $2,175.00 23 18"FES 2 Each $800.00 $1,600.00 24 . 24"FES 1 Each $2,000.00 $2,000.00 . : 25 Riprap . , 75 Cu.Yd. $60.00 $4,500.00 . 26 Infiltration System 2 Each $25,000.00 $50,006.00 27 Binder Stone Pipe Bedding 750 Ton $15.00 $11,250.00 28 Sand-Gravel Pipe Bedding 750 Ton $8.00 . $6,000.00 • Storm Sewer and Watermain Subtotal $339,950.00 Estimated Construction Cost $1,678,990.00 10%contingincies $167,899.00 15%engineering . . $251,848.50 Total Estimated Project Cost $2,098,737.50 • �a6 • CITY COUNCIL AGENDA DATE: March 18, 2003 SECTION:Reports of Director Parks and Recreation Services DEPARTMENT/DIVISION: ITEM DESCRIPTION: Miller Spring ITEM NO: Parks and Recreation Renovation Process and Budget Robert A. Lambert Director SW •C. a Requested Action • Motion: Move to approve improvements to Miller Spring with a modification that the heated horse trough element may be added at a future time. Synopsis The latest cost estimate from Barr Engineering to bid for the proposed improvement to Miller Spring, including raising the parking lot approximately two feet, extending the water pipe under the parking lot approximately 50 feet, and paving the parking lot, including four parking stalls,is approximately $70,000. Dan Herbst, the developer for the Hennepin Village project, has indicated that he has excess fill on his project that he would donate toward this project provided the project is completed as soon as possible,preferably within the next six weeks. City staff believe the majority of this project can be done in-house at a fraction of the cost estimates provided we are able to proceed early enough to obtain the free fill. Background The proposed improvement project was initially recommended in 1996. Barr Engineering developed plans and specifications for the project and the initial cost estimates were approximately $40,000. The latest cost estimates have increased to approximately $70,000. Approximately $13,000 of the costs are related to the development and installation of a pre-cast concrete replica of a horse trough that would have to be electrically heated to keep it from freezing. City staff are recommending the installation of an inverted pre-cast concrete manhole cone as an efficient method for collecting drinking water at this time. The heated horse trough could be installed at some future time provided funds are available. RAL:mdd CITY COUNCIL AGENDA DATE: March 18, 2003 SECTION: Reports of Director Parks and Recreation Services DEPARTMENT/DIVISION: ITEM DESCRIPTION: Recommendation for a ITEM NO: Parks and Recreation Community Survey Robert A. Lambert Director ' Requested Action Motion: Move to approve contracting for a random sample survey to determine what, if any,projects would be approved in a referendum at this time. Synopsis In 2002, the City Council had several goals, including determining what outdoor athletic facilities are needed to meet the needs of the various athletic associations and their programs, determine a site and cost for an outdoor swimming, and determine what improvements should be made to the Eden Prairie Community Center. Reports from various citizens' committees on these three questions have been completed and will be submitted to the City Council at the March 18th meeting. Two years ago, these projects were suggested for consideration by a citywide survey; however, the economy has changed significantly since 2000, and staff would recommend completing a random sample survey to determine what, if any, of those projects would be supported on a referendum in 2003. The estimated cost for conducting a random sample telephone survey would be approximately $7,500. Staff would recommend funding this survey from park dedication fees. RAL:mdd CITY COUNCIL AGENDA DATE:March 18, 2003 SECTION: Reports of Director Parks and Recreation Services DEPARTMENT/DIVISION: ITEM DESCRIPTION: Recommendation for ITEM NO: Parks and Recreation 2003 Trails Projects !,' ' '-`' Robert A. Lambert Director •C Requested Action Motion: Move to approve the proposed schedule for the trail projects identified for 2003, including: A. County Road 1 from Staring Lane to Staring Lake Parkway B. Trail to Bryant Lake Park from Bryant Lake Drive C. Crestwood Park Trail Connection D. Purgatory Creek Recreation Area Trail E. Birch Island Woods Parking Lot and Trail Improvement F. Rice Marsh Lake Trail Connection G. Edenvale Boulevard Trail Improvements H. Anderson Lakes Parkway Trail from Franlo Road West to the Underpass Synopsis The City Council has budgeted $125,000 per year for trail construction and repair. The City generally has over three million dollars of trail construction and repair projects on the proposed schedule. Staff attempts to prioritize projects using the trail system valuation chart and recommendations from the maintenance staff regarding critical maintenance projects that must be completed immediately for safety reasons. Background Attached to this memorandum is a copy of the priority rating for trails within four different categories: A. New Transportation Trails (trails along city streets) B. Repair or Replace Transportation Trails C. New Park Trails D. Repair of Existing Park Trails City Council Agenda 3/18/03 Recommendation for 2003 Trails Projects Page 2 Staff has prioritized trail projects within each of these categories and has given each trail a total number of points. Staff attempts to prioritize the overall trail projects based,on the points and recommendations from the maintenance staff. Also, attached to this memorandum is a copy of the trail system evaluation chart to assist Commissioners in determining how the points are determined, and a copy of the three year priorities and proposed schedule, which is provided in order to give Commission and Councilmembers an idea of the estimated costs required to fund these projects over the next three years. • Trail projects being proposed for 2003 total approximately $100,000 from the Trails Improvement Fund and approximately$500,000 from the original tax increment financing funds dedicated for the Purgatory Creek Recreation Area. Projects proposed for 2004 total $200,000,while projects for 2005 total$350,000. Obviously, some of these projects will have to be delayed pending sufficient funding authorization. Staff will attempt to obtain grant assistance for some of these trails. RAL:mdd • • .1 • a3o T. 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O O O O • . • a O O O O O tal ^ .-1 ry 1-1 CI �I 1-y i-1 .-1 •--1 y.f e'f, 1 1 1 I -`!t'' I 1 I 1 I f' i 1 1 I i (1r'( a 1 a 1 1 { ,it,'"-- py, i xtl. 4,91 I I 1 I (^1. I I I I I i eL, O at 1�+ 1 1 a 1 1-41 I I I I 74 W ur N �� b •4. to x oo ci ' Et" O 1 1-1 -0 G y H � O- O 'O o _.;' "Cl zs o 3 'co al>e '" 41 o 'c .e o a 0 p' ' ' t 43 ,ba O U 3 3'b �a ft � y � . ) C t 2 Q . a 6D ,y�z = Uv a v a x PI g.35 CITY COUNCIL AGENDA DATE:March 18, 2003 SECTION: Reports of Director Parks and Recreation Services DEPARTMENT/DIVISION: ITEM DESCRIPTION: Approve Plans for ITEM NO: Parks and Recreation Staring Lake Archery Range Through: Robert A. Lambert g Director ' '" From: Stuart A. Fox,Manager of Parks &Natural Resources Requested Action Motion: Move to approve the construction of the Staring Lake Archery Range utilizing capital improvement funds not to exceed$30,000 during the summer of 2003. Synopsis The Eden Prairie Parks Department has provided an archery range for Eden Prairie citizens for approximately the last 20 years. Initially the archery range was located in Staring Lake Park adjacent to the area now known as the amphitheatre. Due to construction of the bocce ball courts and eventually the horseshoe court complex, the archery range was moved to a property leased by the City from the Metropolitan Airports Commission. The archery range has been located adjacent to Spring Road for last 8 years and has been used primarily by recreational target archers. A member of the parks staff visited Colorado and brought back a design whereby an archery range could be built in a manner so that adjacent park users would not be impacted by those utilizing the specialized facility. The staff has researched this particular facility and is recommending construction of a new archery range on the property north of the Cummins-Grill Homestead. Staff will present the Council with photographs and plans outlining the new facility, which would be constructed, if approved, during the upcoming summer of 2003. Funding for this project has been set aside in the parks capital improvement program with costs estimated to be $30,000. The archery range when completed will be usable by recreational target shooters, as well as for instructional classes conducted by the parks and recreation staff. To the staff s knowledge, this will be the first archery facility of its type in the metropolitan area within a city park system. SAF:mdd Staring Lake Park Archery Range r . " nb_ .£ QSF � '"4 -x ./ '1.4 fie .4 . ft .. - , )- . ayy{� " • _ix»ems - »[ Proposed Archery Range Facility e �, • 4.,, ? -.i1"t =".i...,,i,,€,t. ,..,, " ,gym., • at- t y e ,'4t4: - - , .� ;', ,+; Cummins - Grill '. Homestead --- -- - ,.4- Z '`* 4_1, --- _ •�L,_ .i;,a: :_ -' - ,;3s:-p. 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