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HomeMy WebLinkAboutCity Council - 05/20/2003 AGENDA EDEN PRAIRIE CITY COUNCIL WORKSHOP/FORUM TUESDAY,MAY 20,2003 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 IL APPROVAL OF AGENDA III. DISCUSSION TOPICS A. 2004-2005 BUDGET PLANNING IV. OTHER TOPICS Council Chamber V. OPEN FORUM (Scheduled participants, 6:30-6:50 p.m.) A. Jeff Strate—Hennepin Village B. Loren &Norma Wuttke—Proposed Development VI. OPEN PODIUM (Unscheduled participants, 6:50-7:00 p.m.) VII. ADJOURNMENT Brief MAY 20, 2003, Council Forum: Liatris La_, Hen V ii. p.To: Eden Prairie City Council Members, Staff, others From: Jeff Strate Date: May 20, 2003 Subject: Liatris Lane, Hennepin Village, C and D (which is on today's EP Council Meeting Consent Agenda) The proposed Liatris Lane and the public overlook and the small public parking lot at its southern end of Liatris Lane lead to the most impressive and accessible sector of Eden Prairie's signature landscape, the Prairie Bluff Conservation Area. Of the entries envisioned for the conservation area, this one also seems to be the one which will best serve people with limited mobility, young school children and senior citizens. Per the proposed developer's agreement on today's consent agenda, a portion of Liatris Lane and its sidewalk/trail are slated to be private with public use easements attached to them. Although there may be some benefits to the City government in making a part of Liatris Lane and its sidewalks private, I and others believe privatization would not be in the best interests of the public or of city government. RECOMMENDATIONS: After consideration and discussion with attorneys and officials who know about such matters, I recommend the following: 1) keeping Liatris Lane totally public (an acceptable option to the developer) or, 2) strengthening the terms of the proposed use easements attached to Liatris Lane and its sidewalk/trail as included in the developer agreement. (Note: Please find below recommended amendments to the two easements). WHAT MUST BE DONE TODAY, MAY 20,2003 Any changes would require a motion from a council member to remove from the consent agenda for further discussion: Item B: "HENNEPIN VILLAGE - SITES C & D by Pemtom Land Company." City Manager Scott Neal has told me that the City Council is not compelled to approve Consent Item B tonight if the Council chooses to have portions of it amended. Brief MAY 20, 2003, council Forum: Liatris La., Hen ii. p. 2_ PUBLIC USE EASEMENT CONCEPT EVALUATED I've run the "public use easement" concept intended for Liatris Lane by several land use attorneys and officials who are familiar with public use easements. The consensus is that because the overlook with its small parking lot will become City land, a challenge to the public use of Liatris Lane will be more difficult. But such a challenge would be possible and will be likely as people settle in to Hennepin Village, a very compact neighborhood. The following are among the comparable situations brought to my attention: Residents and the City of Minnetonka Beach have opposed the use of a regional trail corridor recently acquired by Hennepin County for biking and hiking. Minnetonka Beach has no support from adjacent communities but has regularly shown up at the County Board,the Met Council and the MN Legislature to prohibit public use. Various City of Mound residents have requested that their City vacate portions of public streets that dead end on the shore of Lake Minnetonka so they can enlarge their yards and keep the public out. Residents and extreme environmentalists in Boulder, Colorado persistently attempt to get trail easements on private property vacated. Such actions have denied public access to public open spaces. Eden Prairie, for example - residents have opposed public tailways through the Edenbrook Conservation Area. Recommended amendments to proposed-easements I recommend the following for the easements for Liatris Lane and Its sidewalkftrail: 1) adding a "third party right to enforcement"to the easements, pursuant to Minn. Stat. 84C.O1 et seq. 2) be amended as follows: + s Brief 20, 2003, Council Forum: Liatris La., Hen Vi.i. p. 3 New language is underlined. Deleted language is .ctrikc through. EXHIBIT F - TRAIL EASEMENT (Page 16 of agreement) DEVFI OPMENT AGREEMENT — HENNEPIN VILLAGE SITES C AND D, OFFICE AND NEIGHBORHOOD COMMERCIAL SITES ("Grantor") hereby grants and conveys this day of , 2003, to City of Eden Prairie ("Grantee") an easement ("Easement") for_the following uses and purposes and subject to the following terms and conditions on, over, under, and across under real property in the County of Hennepin, State of Minnesota, described in Exhibit A attached and made a part here of. ("Easement Parcel") 1. Uses and Purposes. The Easement shall be for the following purposes and uses of the Easement parcel: A. To construct, maintain and replace a public trail;" B. For pedestrian travel by the public in or on non-motorized vehicles; C. For travel by the public in or on motorized vehicles authorized by Grantee; D. To install landscaping materials i.e., "plants, trees, shrubs, herbs, vines and grasses"as described in the City of Eden Prairie's Prairie Bluff Conservation Area Management Plan, pp. 17 and 18(1997). E. To remove, cut and b . or trim trees, shrubs, or vegetation as necessary to: (a)ensure public_access; (b)control noxious or diseased vegetation; or(c)alleviate a danger to public safety. F. To place signs in the Easement area that indicate public access to the Prairie Bluff conservation area and the Liatris Lane overlook and parking lot.. 2. Grantor shall not place signs in the easement area that in any way impair or detract from public access and egress to and from the Prairie Bluff Conservation Area via Liatris Lane, the Liatris Lane overlook and parking lot Brief MAY 20, 2003, Council Forum: Liatris La., Hen aril. g. 4 3. Nonexclusive. The Easement shall be nonexclusive,provided however, other easement s with, the Easement without the consent,in.writing, of Grantee. This Easement shall be paramount and exclusive to any other easement Any other easement shall be subordinate to and subject to the consent of ' Grantee, which shall not be unreasonably withheld. 4. Duration of Easement The Easement shall be perpetual, shall run with the land and shall be binding upon Grantor and Grantor's heirs, successors and assigns and shall be for the benefit of Grantee,its successors and assigns. 5. Grantor covenants that Grantor is the record Fee Owner of the Easement Parcel,holds the legal and equitable title thereto,free and clear of all mortgages,liens and encumbrances, except the holder(s)of which has/have agreed in writing to the Easement pursuant to the attached consent(s)and has lawful right and authority without restriction to grant and convey the Easement. Brief h[AY 20, 2003, council Forum: Liatris La., Hen N%il. p. 5 IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. EXHIBIT I PUBLIC EASEMENT FOR LIATRIS LANE (page 19 of agreement) RECOMMENDATION: It is here in recommended that the easement for Liatris Lane (the street) be amended to include the same benefits and burdens being here in recommended for the Liatris Lane trail easement. Both easements should also have symmetrical language. The current proposed, pre-amended language is as follows: EXHIBIT I -PUBLIC EASEMENT FOR LIATRIS LANE FOR VALUABLE CONSIDERATION,Hennepin Village Limited Partnership,a Minnesota limited partnership,Grantor, hereby grants,transfers and conveys unto The City of Eden Prairie,a municipal corporation,Grantee,for the benefit of and use by the public,a perpetual,non-exclusive easement for vehicular and pedestrian ingress and egress on,over and across the real property legally described on Exhibit A,to be commonly known as Liatris Lane,for access from Charlson Road to any property owned by the City of Eden Prairie along the bluff of the Minnesota River and to the outlook located at the Southerly end of Liatris Lane. • IN WITNESS WHEREOF the undersigned has executed this instrument the_day of 2003. HENNEPIN VILLAGE LIMITED PARTNERSHIP By The Pemtom Land Company Its General Partner By Its AGENDA EDEN PRAIRIE CITY COUNCIL TUESDAY,MAY 20,2003 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 MAY 6,2003 (p. 1) B. CITY COUNCIL MEETING HELD TUESDAY,MAY 6,2003 (p. 3) VI. CONSENT CALENDAR A. CLERK'S LICENSE LIST (p. 16) B. HENNEPIN VILLAGE - SITES C & D by Pemtom Land Company. 2nd Reading of 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, and Site Plan Review on 48 acres. Location: North of Hwy. 212, east of Spring Road. (Ordinance for PUD District Review and Zoning District Change, Resolution for Site Plan Review) (p. 17) C. LORENCE 3rd ADDITION by Jon and Katie Thoma. 2nd Reading of Zoning District Change from R1-13.5 t4 Public on .05 acres, and Zoning District Change from Public to R1-13.5 on -.05 acres. Location: 17195 Valley View Road. (Ordinance for Zoning District Change) (p. 59) D. AWARD BID FOR PHASE II PARK IMPROVEMENTS FOR PURGATORY CREEK RECREATION AREA TO AMERICAN LIBERTY CONSTRUCTION (p. 63) E. AWARD CONTRACT FOR 2003 SEALCOAT TO PEARSON BROTHERS (p. 65) CITY COUNCIL AGENDA May 20,2003 Page 2 F. AWARD CONTRACT FOR 2003 BITUMINOUS MILL AND OVERLAY TO BITUMINOUS ROADWAYS INC. (p. 66) G. APPROVE CONTRACT WITH THE STATE OF MINNESOTA FOR THE INSTITUTION COMMUNITY WORK CREW(ICWC) (p. 67) • • H. ADOPT RESOLUTION AMENDING RESOLUTION 2002-190,FEE SCHEDULE FOR 2003 (p. 72) I. APPROVE SECOND READING-OF AN ORDINANCE GRANTING A FRANCHISE TO CENTER POINT ENERGY MINNEGASCO AND ADOPT RESOLUTION APPROVING SUMMARY ORDINANCE FOR PUBLICATION (p. 74) J. PROCLAMATION RECOGNIZING SOUTHDALE YMCA'S 20TH YEAR ANNIVERSARY OPERATING EDEN PRAIRIE'S SCHOOL AGE CHILD CARE PROGRAM (p. 84) K. ADOPT RESOLUTION APPROVING COOPERATIVE CONSTRUCTION AGREEMENT WITH MN/DOT FOR THE TH 212/VALLEY VIEW ROAD INTERCHANGE AREA IMPROVEMENT PROJECT (p. 86) ,' t' VII. PUBLIC HEARINGS/MEETINGS' €4 A. VACATION OF DRAINAGE AND UTILITY EASEMENTS WITHIN THE PLAT OF STORAGE COMPLEX,VACATION 03-06(Resolution) (p. 101) B. THE BLUFFS AT PURGATORY'CREEK by O'Catarais, LLC. Request for Planned Unit Development Concept Review on 10.55 acres,Planned Unit Development District Review with waivers on 10.55 acres, Zoning District Change from Rural to R1-22 on 10.55 acres, and Preliminary Plat of 10.55 acres into 3 lots and 1 outlot. Location: North of the terminus of Center Drive. (Resolution for PUD Concept Review, Ordinance for PUD District Review and Zoning District Change,Resolution for Preliminary Plat) (p. 104) C. PRAIRIE CENTRE TOWN OFFICE PARK by F&D Holdings, LLC. Request for Planned Unit Development Concept Review on 1.8 acres,Planned Unit Development District Review on 1.8 acres, Zoning District Change from Rural to Office on 1.8 acres, Site Plan Review on 1.8 acres, and Preliminary Plat of 1.8 acres into 1 lot. Location: Aztec Drive, south of Anderson Lakes Parkway. (Resolution for PUD Concept Review, Ordinance for€PUD District Review and Zoning District Change,Resolution for Preliminary Plat) (p. 116) D. WILLIAM A. SMALL PROPERTY by The Pemtom Land Company. Request for Planned Unit Development Coi cepf Review on 5 acres. Location: 16525 Beverly Drive. (Resolution for PUD Concept Review) (p. 128) E. SPECIAL ASSESSMENT IT ARING FOR THE HILLCREST/ALPINE NIEGHBORHOOD,I.C. 98-5471 (Resolution) (p. 132) CITY COUNCIL AGENDA May 20,2003 Page 3 VIII. PAYMENT OF CLAIMS IX. ORDINANCES AND RESOLUTIONS X. PETITIONS,REQUESTS AND COMMUNICATIONS XI. REPORTS OF ADVISORY BOARDS &..COMMISSIONS XII. APPOINTMENTS XIII. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER C. REPORT OF PARKS AND RECREATION DIRECTOR D. REPORT OF PUBLIC WORDS DIRECTOR 1. Contract for HillcrestlAlpine Area Street and Storm Sewer Improvements (Resolution).(p. 147) 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 f• Y. A . UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL WORKSHOP/FORUM TUESDAY,MAY 6,2003 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 A. Closed Session to Perform the City Manager's Performance Review Council Chamber V. OPEN FORUM A. Use of Motorized Scooters on City Trails—Dale Preston Mr. Preston said he is a long-time resident of Eden Prairie, and he was appearing before Council to request that the City Code be amended to allow motorized scooters on the City's bikeways. Preston rode a motorized scooter to the podium to demonstrate that it is both quiet and safe. Preston said he has two children, 14- and 18,who love these scooters and would like to be able to ride them on the bike trails. He said he first became aware of the prohibition of motorized vehicles on the bikeways when he applied for a permit to sell the scooters in Eden Prairie. He said he understands the staff is concerned about the safety of motorized scooters. Preston pointed out that bikes, skateboards and roller blades are all allowed on the bikeways, and they are just as likely to pose the same types of safety issues. Preston noted that the code was 1 written in 1982, and a lot has changed since that time. He believes allowing scooters on the bikeways would add another recreation alternative for residents. Mayor Tyra-Lukens referred the request to the Parks and Recreation Department, and asked that they research the matter and report back to Council. VI. OPEN PODIUM No one requested to speak at Open Podium. VII. ADJOURNMENT Y - 1' UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY,MAY 6,2003 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 Mayor Tyra-Lukens stated that the City Council provides an Open Forum opportunity for Eden Prairie citizens to address the Council on issues related to Eden Prairie city government on the first and third Tuesday of each month from 6:30-6:50 p.m. in the Council Chambers immediately prior to the start of the City Council's regularly scheduled meetings. Open Forum is reserved for scheduled participants. She said if you wish to speak to the Council during Open Forum,please contact Ms. Lorene McWaters in the City Manager's office by calling 952.949.8412 by noon of the meeting date with your name and the subject matter you wish to address. Tyra-Lukens said the Council also provides an impromptu,unscheduled Open Podium opportunity for citizens to address the Council concerning issues related to Eden Prairie city government from 6:50 to 7:00 p.m. immediately following Open Forum. She said Open Forum and Open Podium are not recorded or televised. The City Council reserves the right to adjust the time allocations for Open Forum and Open Podium. If you have questions about the process or procedures of Open Forum or Open Podium,please contact the City Manager's office. IV. PROCLAMATION OF SENIOR AWARENESS WEEK Mayor Tyra Lukens read the proclamation proclaiming May 5 through May 16,2003, as Senior Awareness Week. The proclamation was received by a group of seniors and Tria Mann of Parks &Recreation Services. V. PRESENTATION OF HUMAN RIGHTS AWARD AND YOUTH SCHOLARSHIP AWARDS Tyra-Lukens introduced Harry Moran, Chair of the Human Rights and Diversity Commission, and Jeff Strate,Vice-Chair of the Human Rights and Diversity 3 CITY COUNCIL MINUTES May 6,2003 Page 2 Commission.Moran explained the award process and said a record number of youth scholarship applications were received this year. Tyra-Lukens presented a plaque for the 2002 Human Rights Award-Non-Profit Organization category to Susan McKenna and representatives from Pax Christi Catholic Community. Tyra-Lukens said Pax Christi Catholic Community was awarded the Human Rights award for their"open door"policy and acts of kindness towards people of the Muslim faith.Pax Christi's willingness to reach out to the Muslim community has set a fine example of bringing the Eden Prairie Manifesto to life. Moran introduced a member of the Muslim community who presented an award of appreciation to McKenna. Tyra-Lukens announced that the two recipients of the Dr. Jean L.Harris Youth Scholarship Award are Eden Prairie High School senior Adam Pitman and Minnetonka High School senior Ryan Yearous. She said Scholarship applicants were asked to show a commitment that best reflects the principles of human rights and diversity espoused by Dr.Martin Luther King, Jr. and others in their school,volunteer, community service, and/or religious activities and demonstrate how these actions relate to the stated intentions of the Eden Prairie Manifesto. VI. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS City Manager Scott Neal stated Item VIII.O., second reading of the ordinance relating to the Board of Adjustment and Appeals,was scheduled for tonight,but inadvertently left off the Consent Calendar.Under Reports of Councilmembers, Case added discussion on an agenda item for the next joint City Council/School Board meeting. MOTION: Butcher moved, seconded by Young,to approve the Agenda as published and amended. Motion carried 5-0. VII. MINUTES A. COUNCIL WORKSHOP HELD APRIL 15, 2003 MOTION: Case moved, seconded by Butcher, to approve as published the Minutes of the Council Workshop held April 15, 2003. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY,APRIL 15,2003 Tyra-Lukens said that on page 7, in her report of the meeting on the Southwest Rail Study, following the first sentence of the second paragraph, it should be clear that the Policy Advisory Committee decided that the 169 and Shady Oak option should remain in the rail study. MOTION: Case moved, seconded by Mosman,to approve as published and amended the Minutes of the City Council Meeting held April 15, 2003. Motion carried 5-0. y CITY COUNCIL MINUTES May 6,2003 Page 3 VIII. CONSENT CALENDAR A. CLERKS LICENSE LIST B. THE ENCLAVE 2ND ADDITION by Halley's Custom Homes, Inc. 2nd Reading for Zoning District Change from Rural to RM-6.5 on 4.73 acres, and Site Plan Review on 4.73 acres. Location: Southeast corner of Braxton Drive and Pioneer Trail. (Ordinance No. 10-2003 for Zoning District Change and Resolution No. 2003-67 for Site Plan Review) C. ADOPT RESOLUTION NO.2003-68 APPROVING FINAL PLAT OF MEYER ESTATES D. ADOPT RESOLUTION NO. 2003-69 APPROVING FINAL PLAT OF THE ENCLAVE 2ND ADDITION E. ISSUE GRADING PERMIT TO KYLE HUNT&PARTNERS,INC.,FOR 10003 DELL ROAD F. ADOPT RESOLUTION NO. 2003-70 AWARDING CONTRACT FOR CSAH 1 (PIONEER TRAIL)LANDSCAPE PROJECT TO VP ENTERPRISES OF MINNESOTA,I.C. 94-5369 G. ADOPT RESOLUTION NO. 2003-71 AWARDING CONTRACT OF SOUTHWEST STATION TRAFFIC SIGNAL IMPROVEMENTS TO KILLMER ELECTRICAL COMPANY,INC.,I.C. 03-5590 H. ADOPT RESOLUTION NO. 2003-72 DECLARING COSTS TO BE ASSESSED, ORDERING PREPARATION OF SPECIAL ASSESSMENT ROLL AND SETTING PUBLIC HEARING DATE ON MAY 20,2003,FOR HILLCREST/ALPINE NEIGHBORHOOD STREET AND STORM SEWER IMPROVEMENTS,I.C. 98-5471 I. ADOPT RESOLUTION NO. 2003-73 APPROVING PLANS AND SPECIFICATIONS FOR CHARLSON AREA IMPROVEMENTS—PHASE IV,I.C. 02-5566 J. APPROVE JOINT PROJECT WITH RILEY-PURGATORY-BLUFF CREEK WATERSHED DISTRICT FOR PURGATORY CREEK TRAIL PROJECT K. AWARD CONTRACT FOR CITY'S BRANDING THEME AND MARKETING PLAN DEVELOPMENT TO CREATIVE MARKETING CONSULTING L. APPROVE SECOND READING OF AN ORDINANCE AMENDING CITY CODE SECTION 11.03 RELATING TO OUTDOOR STORAGE & DISPLAYS,SALES OF PRODUCE 5 CITY COUNCIL MINUTES May 6,2003 Page 4 M. AWARD EMPLOYEE DENTAL INSURANCE COVERAGE TO DELTA DENTAL N. AWARD EMPLOYEE LIFE INSURANCE COVERAGE TO STANDARD INSURANCE COMPANY O. APPROVE SECOND READING OF AN ORDINANCE AMENDING CITY CODE CHAPTERS 2.25 AND 2.26,RELATING TO THE BOARD OF ADJUSTMENTS AND APPEALS MOTION: Case moved, seconded by Young,to approve Items A-O of the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS /MEETINGS A. VACATION OF DRAINAGE AND UTILITY EASEMENT OVER PART OF LOT 32,BLOCK 1,HENNEPIN VILLAGE, VACATION 03-05 (Resolution No. 2003-74) City Manager Scott Neal said official notice of this public hearing was published in the April 10,2003,Eden Prairie Sun Current and sent to one property owner. He said Ryland Homes has requested the vacation of the portion of the drainage and utility easement identified on the attached drawing. The encroachment of approximately 2.5 feet into the easement area is requested to facilitate construction of a covered front stoop for the townhome unit located on this lot. Vacation of this easement will not encumber access to the storm sewer located in the easement. Neal said this is a housekeeping item and Staff recommends approval. There were no public comments. MOTION: Butcher moved, seconded by Mosman, to close the public hearing and adopt the resolution vacating the drainage and utility easement over part of Hennepin Village. Motion carried 5-0. B. 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 on 3.2 acres, and Preliminary Plat of 3.2 acres into 3 lots. Location: 6861 and 6871Beach Road. (Resolution No. 2003-75 for PUD Concept Amendment, Ordinance for PUD District Review and Zoning District Amendment,Resolution No. 2003-76 for Preliminary Plat) City Manager Scott Neal said Official notice of this public hearing was published in the April 24,2003,Eden Prairie Sun Current and sent to 14 property owners. He said this proposal is for subdividing two existing single-family lots to create a third single-family lot on Bryant Lake. The project requires approval of alternative wetland buffer strips and setbacks. The plan previously reviewed by 6 CITY COUNCIL MINUTES May 6,2003 Page 5 the City Council included a waiver for no wetland buffer and no wetland setback from the existing wetland for lots one and three. Lot two met the required 50 foot wetland buffer and the 15 foot structure setback from the buffer. The current plan includes a request to use the alternative buffer strip and setback allowed by the Wetland Protection Ordinance. The alternative is a 30 foot minimum and 45 foot average buffer strip and 15 foot buffer setback. The alternative may be used because of the unique physical characteristics for the parcel and to allow for the reasonable use of the land based on an assessment of the following. Undue hardship would arise from not allowing the alternative,or would otherwise not be in the public interest; size of the parcel; configuration of roads and utilities; percentage of parcel covered by wetlands; configuration of wetlands on the parcel; and results of water quality testing pursuant to Subdivision 4E. Neal said the staff assessment of the above criteria results in the following findings: The existing house on lot three currently encroaches into wetland setback; lots one and three would have a limited useable backyard in comparison to other lots on the lake; the size of the parcel is 147,500 square feet; the existing wetland is a narrow strip which varies from zero to 15 feet in width across all three lots; the size of the wetland on the lots is approximately 5,000 square feet or 3% of the total parcel.; the wetland is high quality; water testing is only required for exceptional quality wetlands; the alternative buffer and setback protects an equivalent amount of buffer overall as would be required as the required 50 foot buffer and 15 foot setback; the 70 foot wide buffer on lot 2 also protects existing oak trees. Neal said the staff recommends approval of the plan with the alternative buffer and setback based on the following conditions: Provide a wetland conservation easement over the wetland buffer; submit a Vegetation Management Plan for the wetland buffer strip for review and approval by City staff. This plan shall include the planting of appropriate seed mixtures, and or plants and trees; existing turf grass shall be removed; all existing structures must be removed from the wetland buffer strip; a performance bond is required to guarantee implementation of the Vegetation Management Plan; the owners may create a minimal path to the lake that could be used for recreational use; this area shall be incorporated into the Vegetation Management plan as a grassed area; and each lot may have a dock as permitted by the Shoreland Ordinance. City Planner Michael Franzen said there are three primary reasons why Staff is recommending approval. These are that the project meets the requirements of the R122 District and also meets criteria used for the establishment of alternative wetland buffers and setbacks as defined by ordinance. In addition,Franzen said the project does not require any waivers from the City Code. Liem Nguyen, owner of 12550 Beach Circle, said he is concerned with the possibility of rezoning the area and also increased traffic and how it would affect walkers. He said he would like to keep it the way it was. CITY COUNCIL MINUTES May 6,2003 Page 6 Bob Fransen of Beach Road stated opposition to the subdivision of lots on the lake because it"shoehorns a lot into the most beautiful part of the lake." Theodore Vickerman of 6871 Beach Road said the proposed lot meets all City requirements and he would like to see it passed tonight. There were no further comments from the public. MOTION: Young moved, seconded by Butcher,to close the Public Hearing; and Adopt the Resolution for Planned Unit Development Concept Review on 3.2 acres; and Approve 1st Reading of the Ordinance for Planned Unit Development District Review within the R1-22 Zoning District on 3.2 acres; and Adopt the Resolution for Preliminary Plat of 3.2 acres into 3 lots; and Direct Staff to prepare a Development Agreement incorporating Staff and Board recommendations and Council conditions. Case noted there was previously a long discussion on this issue.He stated the site is a bad place for a house,but as legal analysis is done on proposals such as this and there is no legal leverage because of no variance request,the Council's options are limited. Tyra-Lukens said there were previously concerns about impact on the wetland and the shoreland impact but the request is coming in with no variances and no waivers and it within the context of the plots of land developed there within the last 30 years. She said if the neighborhood feels strongly about not wanting further subdivision within their neighborhood,they can go through a neighborhood process to establish restrictive covenants on the properties,but that is outside the jurisdiction of the city. She said aesthetically,this is not good idea, but she will vote yes,reluctantly,because it meets all the requirements of the city code. Young said the role of government is to announce through the ordinances,what property owners may do with their land.He said it is discretionary at times,but subjective interpretations should not be imposed on property owners.He said this application satisfies zoning and does not require waivers and Council should not have to apologize for granting a petition that satisfies ordinances the city has created. Butcher said she thinks the landowner did,in good faith,try a design that was rejected and then worked again with Staff to try to create something that would work better. She said she will support it because there has been a lot of work done on it. Motion carried 5-0. C. INGRAM PROPERTY by Todd Ingram. Request for Planned Unit Development Concept Review on 5.19 acres,Planned Unit Development District Review with waivers on 5.19 acres,Zoning District Change from Rural to RI- D CITY COUNCIL MINUTES May 6,2003 Page 7 13.5 on 5.19 acres,and Preliminary Plat of 5.19 acres into 10 lots and road right- of-way. Location: 9500 Stable Path. (Resolution No.2003-77 for PUD Concept Review,Ordinance for PUD District Review and Zoning District Change,Resolution No.2003-78 for Preliminary Plat) City Manager Scott Neal stated official notice of this public hearing was published in the April 24,2003,Eden Prairie Sun Current and sent to 14 property owners.He said this is for a 10 lot single-family proposal. The Community Planning Board voted 9-0 to recommend approval of the project at its April 11, 2003 meeting. The proposal is to rezone the property from Rural to R1-13.5 and subdivide the 5.19 acre site into 10 single-family lots. Density for the property is 1.9 units per acre. The Stonegate single-family development that surrounds the site is 1.7 units per acre. The property owner operates a commercial excavating business on his property. The City allows, and the property owner concurs,that the business use may continue while he remains the owner of the property. Mr. Ingram is selling the property to a developer. The purchase agreement allows Ingram to operate his business until October 15,2005. He will continue to live in his home and the agreement provides that he will own his homestead lot. The remaining lots will be sold. This will permit the orderly development of the property while phasing out the commercial business in the residential zoning district. The property owner and/or developer will need to maintain the new public road that will serve the commercial business on the property until the spring of 2006. A maintenance bond will be required. Neal said the property will be final platted in two phases. Phase 1 will consist of the east six lots and the public road. The west half of the property will be platted as two lots that will include the existing house and accessory structures. Phase 2 will consist of the two remaining lots on the west half of the property once the commercial business ceases and accessory structures have been removed. This will occur on October 15,2005. Neal said the following waivers are requested as part of the PUD: 1. Lot 1 with 67 feet of frontage on a corner lot. City code requires 100 feet. The waiver permits the proposed road to align opposite the intersection of Stable Path at Geisler Road to the east. 2. Cul-de-sac length of 635 feet. City code maximum is 500 feet. The project is surrounded by existing development with no opportunity for off-site connection. The additional length is minor and allows all lots to meet City code for lot frontage. 3. Alternative wetland buffer width of 15 feet. City code requires 25 feet. This waiver is consistent with one granted for the same small wetland in the Stonegate development to the north. 4. Accessory structure site coverage of 9%, and accessory structure front yard setback of 8 feet. City code maximum is 7.5% and 30 feet,respectively. The waivers are the result of keeping the accessory buildings on the property and platting the road right-of-way as part of phase 1. They are temporary waivers to permit the commercial business on the property until October 15,2005, at which time the waivers will cease and the structures removed as proposed. t CITY COUNCIL MINUTES May 6,2003 Page 8 There are 245 diameter inches of significant trees on the property. Tree loss is 62 diameter inches,or 25%. Tree replacement is 20 caliper inches. The plan shows 155 caliper inches of tree replacement exceeding City code requirements. Franzen said Staff recommends approval because the project is consistent with the Comprehensive Guide Plan; lots meet the minimum lot size requirement; and waivers are the result of decisions the City made previously.He said the waiver for the alternative buffer is not a waiver as required by City code, it is a determination by City Staff that it qualifies for an alternative wetland buffer. There were no public comments. MOTION:Butcher moved, seconded by Mosman,to close the Public Hearing; and Adopt the Resolution for Planned Unit Development Concept Review on 5.19 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 5.19 acres; and Adopt the Resolution for Preliminary Plat of 5.19 acres into 10 lots and road right-of-way; and Direct Staff to prepare a Development Agreement incorporating Staff and Board recommendations and Council conditions. Case asked if current businesses on the property are in compliance with the Code for rural lots.Rosow said the business use of the property has been addressed by the City with the property owner in the past.He said it was resolved,consistent with discussions and the Code at that time,that the business use could continue until the property owner no longer owned the property. Butcher said she feels the waivers requested are reasonable and balanced. Motion carried 5-0. D. WEDDING DAY JEWELERS by Marquis Jewelers. Request for Planned Unit • Development Concept Amendment on 0.68 acres,Planned Unit Development District Review on 0.68 acres,Zoning District Amendment within the Commercial-Regional-Service Zoning District on 0.68 acres, and Site Plan Review on 0.68 acres. Location: 8320 Crystal View Road. (Resolution No. 2003-79 for PUD Concept Amendment,Ordinance for PUD District Review and Zoning District Amendment) City Manager Scott Neal said official notice of this public hearing was published in the April 24,2003,Eden Prairie Sun Current and sent to 22 property owners. He said the proposal is for a 4,250 square foot jewelry store. The Community Planning Board voted 9-0 to recommend approval of the project to the City Council at the April 14,2003 meeting. The project involves remodeling the existing 2,641 sq. ft. structure for office and adding on an additional 1,583 square feet for retail space.The plan meets all zoning requirements for the Commercial Regional Service Zoning District. Franzen said this project does meet all requirements of the Commercial Regional - District and Staff recommends approval.There were no further comments. /0 CITY COUNCIL MINUTES May 6,2003 Page 9 MOTION: Case moved, seconded by Young,to close the Public Hearing; and Adopt the Resolution for Planned Unit Development Concept Amendment on 0.68 acres; and Approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers and Zoning District Amendment within the Commercial-Regional-Service Zoning District on.68 acres; and Direct Staff to prepare a Development Agreement incorporating Staff and Community Planning Board recommendations and City Council conditions. Motion carried 5-0. E. LIFETOUCH by Lifetouch.Request for Planned Unit Development Concept Review on 16.22 acres,Planned Unit Development District Review on 16.22 acres,Zoning District Change From Commercial Regional to Office on 3.539 acres, Site Plan Review on 16.22 acres,Preliminary Plat of 16.22 acres into 1 lot and one outlot. Location: Viking Drive. (Resolution No.2003-80 for PUD Concept Review,Ordinance for PUD District Review and Zoning District Change,Resolution No.2003-81 for Preliminary Plat) City Manager Scott Neal said official notice of this public hearing was published in the April 24,2003,Eden Prairie Sun Current and sent to 21 property owners. He said the site plan shows the construction of a 5 story, 157,500 square foot office building. The existing building is 132,000 square feet. Phase three is a concept plan for a 7 story 249,300 square foot office building with structured parking. Phase three will require approval of detailed plans by the Community Planning Board and City Council prior to building permit issuance. The project requires waivers for building setback from 200 feet to 100 feet,building height from 30 feet to 65 feet, an impervious surface from 30%to 65%. The Community Planning Board first reviewed this project at the April 14,2003 meeting. The Board voted to continue the project and directed the developer to prepare revised plans for a conservation easement for the wetland, sidewalk along Viking Drive, improved site vision distance, and better access. Neal said the Community Planning Board voted 8-0 to recommend approval of the Lifetouch project to the City Council at the April 28, 2003 meeting based on revised plans with the following changes. • Wetland Buffer—The preliminary plat shows show Outlot A defining the wetland and wetland buffer. All land north of the City trail will be in a conservation easement. • Sidewalk—Lifetouch has agreed to be assessed for the cost of a sidewalk along Viking Drive as part of a future city project from Prairie Center Drive to Washington Avenue. Lifetouch will also have the option to build the sidewalk concurrent with phase three or be assessed,which ever comes first. Lifetouch will prepare a construction plan and a cost estimate for the sidewalk. Concurrent with the building construction,Lifetouch will grade a pad for the sidewalk for phase two and three. • Access—The 5th driveway on the east end of the site would be beneficial since it is located where site vision distance is good. Building parking close to the entrance will encourage the use of this driveway. 11 CITY COUNCIL MINUTES May 6,2003 Page 10 • Site Vision—Lifetouch will relocate conifer trees currently interfering with site vision distance. Neal said this is a significant project for the community.Franzen gave a brief synopsis of the history of the property concerning consistency of waivers granted from 1986 to date.He said Staff recommends approval. Case asked if the sight vision distance issue had been resolved. Franzen said Staff identified all conifer trees that were blocking the sight vision distance from the main entrance and all trees shown on the landscape plan will be removed and relocated elsewhere. In addition,Franzen said the sidewalk to be put in will improve the sight vision distance. Case asked if the 5th entrance was a new addition. Franzen said yes,it's on the east end of the project. Mosman said she has visited the building just to the east of Lifetouch and there have been close calls with cars pulling out because of the curve there. She asked if turning/merging lanes could be put in.Franzen said a 30-day long traffic study has been conducted and a speed sign was placed there temporarily to remind drivers of their speed. Dietz said enforcement is the best solution. Butcher mentioned neighbors' concerns about a security alarm going off at the site.Neal said a check of City records indicated no unusually high percentage of alarms going off. There was no further comment. MOTION: Butcher moved, seconded by Case,to close the Public Hearing; and Adopt the Resolution for Planned Unit Development Concept Amendment on 16.22 acres; and Approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers and Zoning District Change from Commercial Regional to Office on 3.539 acres; and Adopt a Resolution for Preliminary Plat of 16.22 acres into 1 lot and 1 outlot; and Direct staff to prepare a Development Agreement incorporating Staff and Board recommendations and Council conditions. Direct staff to issue a footing and foundation permits. Motion carried 5-0. X. PAYMENT OF CLAIMS MOTION: Young moved, seconded by Case,to approve the Payment of Claims. The motion was approved on a roll call vote,with Butcher, Case,Mosman,Young and Tyra-Lukens voting"aye." 1� CITY COUNCIL MINUTES May 6,2003 Page 11 XI. ORDINANCES AND RESOLUTIONS A. FIRST READING OF A FRANCHISE ORDINANCE FOR CENTER POINT ENERGY MINNEGASCO City Manager Scott Neal said the current 20 year franchise with"Minnegasco" expires in June 2003. The franchise defines the responsibilities of both the City and Center Point Energy for the purpose of providing natural gas to Eden Prairie customers. A model ordinance was developed by the League of Minnesota Cities for adaptation to each community. Staff and the office of the city attorney have made the following modifications for Eden Prairie use: This franchise will have a ten year rather than a 20 year term;Provisions that would assume the possibility of installation of gas lines in city parks has been deleted. While it may be possible for Center Point to negotiate specific easements through property owned by the city(outside of right-of-ways) it will be on a case-by-case basis with no assumption that they will be granted; Center Point will be required to post a Construction Performance Bond for restoration related to their work within the right-of-way. Neal said the balance of the franchise is essentially similar to the one currently in place. Staff recommends approval of the first reading of the ordinance granting a franchise to Center Point Energy Minnegasco. MOTION: Mosman moved, seconded by Case, to approve the first reading of an ordinance granting a franchise to Center Point Energy Minnegasco. Case noted it is wise to keep in the agreement the option to someday institute or begin a franchise fee as a way of the City raising funds, if necessary. Motion carried 5-0. XII. PETITIONS,REQUESTS AND COMMUNICATIONS XIII. REPORTS OF ADVISORY BOARDS & COMMISSIONS XIV. APPOINTMENTS XV. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Appointment of Clean Air Task Force Members City Manager Scott Neal said at their February 18th Workshop,the City Council approved a charter statement outlining objectives, expectations, and a selection process for task force member for a Clean Indoor Air Task Force. Council the appointments would be made at the May 6 Council meeting. The criteria specified that each Councilmember would appoint 13 CITY COUNCIL MINUTES May 6,2003 Page 12 one member and the remaining ten members would be appointed by the Mayor. The Council will also appoint two of its members to serve as ex- officio representatives of the task force. The Council held an open application process, during which 11 applications were received. It was agreed that the appointments may be made from among these applicants or from residents who individually expressed interest to the Council. Neal said the proposed list of task force members are Robert Amell,Holly Berndt, Sara Estes, Tavis Hudson,David Jones, Steve Steele,Kevin Berg, Deborah Plumb and Fred Seymour; and there is also a proposal to appoint Gary Chanen as an ex-officio,non-resident member of the task force. MOTION: Case moved, seconded by Young, to appoint the list of members to the task force, as stated by Neal. Mosman asked if school district members had applied.Neal said no applications were received from school district members. Motion carried 5-0. MOTION: Butcher moved, seconded by Mosman,to appoint Councilmembers Young and Case to serve as ex-officio members of the task force. Motion carried 5-0. Mosman said attempts should be made to add a representative from the school district to this task force before the first meeting. 2. Report on the City Manager's Performance Review Mayor Tyra-Lukens reported that the Council met tonight to review assessments of Neal's performance during his first year with the City. She said evaluations were resoundingly positive and Neal is doing an excellent job. He has met or exceeded expectations in all areas and will be given a 3.5 percent merit-pay award. 3. Discussion on Agenda Item for Next Joint City Council/School Board Meeting Case suggested an agenda item to discuss needs and concerns of all immigrant sub-communities within the community and what the city might do to address those needs and concerns. B. REPORT OF CITY MANAGER C. REPORT OF PARKS AND RECREATION DIRECTOR D. REPORT OF PUBLIC WORKS DIRECTOR E. REPORT OF POLICE CHIEF F. REPORT OF FIRE CHIEF CITY COUNCIL MENU TES May 6,2003 Page 13 G. REPORT OF MANAGEMENT AND BUDGET DIRECTOR H. REPORT OF CITY ATTORNEY XVI. OTHER BUSINESS XVU. ADJOURNMENT MOTION:Mosman,moved, seconded by Case,to adjourn the meeting. Motion carried 5-0. Mayor Tyra-Lukens adjourned the meeting at 8:12 p.m. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar May 20,2003 SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Police/C.O.P.Unit Clerk's License Application List ' A-,Christy Weigel These licenses have been approved by the department heads responsible for the licensed activity. Cigarette&Tobacco Products Licensee: Walgreen Co. DBA: Walgreens#06280 16395 Wagner Way. Replacing store#2970 at 7820 Eden Prairie Rd Opening June 20,2003 Commercial Lawn Fertilizer Applicators Professional Turf,Inc. Nature's Way Lawn Service Raffle-Exempt Organization: Children's Cancer Research Fund Place: Bent Creek Golf Club Date: July 28, 2003 CITY COUNCIL AGENDA DATE: 05/20/03 SECTION: Consent Agenda DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Management and Budget/Planning Donald R.Uram Hennepin Village- Sites C &D Michael D.Franzen Move to: • Approve 2nd Reading of the Ordinance for PUD District Review and Zoning District Change from Rural to R1-9.5 on 16.9 acres and from Rural to RM-6.5 on 48 acres; and • Adopt the Resolution for Site Plan Review on 48 acres into 436 lots and five outlots and road right-of-way; and • Approve the Development Agreement for Hennepin Village- Sites C &D. Synopsis This is for 113 single-family lots and 330 townhouses. Attachments 1. Ordinance for PUD District Review and Zoning District Change 2. Resolution for Site Plan Review 3. Development Agreement 1-1 HENNEPIN VILLAGE SITES C&D CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA • ORDINANCE NO. 8-2003-PUD-4-2003 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 R1-9.5 Zoning District and from the Rural Zoning District and be placed in the Planned Unit Development RM-6.5 Zoning District 8-2003-PUD-4-2003 (hereinafter"PUD-4-2003-R1-9.5 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 May 20, 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-4-2003-R1-9.5 and RM-6.5, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-4-2003-R1-9.5 and RM-6.5 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-4-2003-R1-9.5 and RM-6.5 designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-4-2003-R1-9.5 and RM-6.5 are justified by the design of the development described therein. D. PUD-4-2003-R1-9.5 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 RI-9.5 and RM-6.5 Zoning Districts and shall be included hereafter in the Planned Unit Development PUD-4-2003-R1-9.5 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 March, 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 20th day of May, 2003. ATTEST: Kathleen A.Porta, City Clerk Nancy Tyra-Lukens,Mayor PUBLISHED in the Eden Prairie Sun Current on EXHIBIT A PUD Legal Description — Hennepin Village Sites C & D 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 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 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: al 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. aa. HENNEPIN VILLAGE SUE C &D CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO. 8-2003-PUD-4-2003 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 north of Highway 212, east of Spring Road from the Rural Zoning District to the R1-9.5 and RM-6.5 Zoning Districts. 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 Sun Current on . (A full copy of the text of this Ordinance is available from City Clerk.) (25 HENNEPIN VILLAGE SITES C&D CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2003- A RESOLUTION GRANTING SITE PLAN APPROVAL FOR HENNEPIN VILLAGE SITES C&D BY PEMTOM LAND COMPANY WHEREAS, Pemtom Land Company has applied for Site Plan approval of Hennepin Village Sites C & D for construction of 113 single-family lots and 330 townhouses by an Ordinance approved by the City Council on May 20, 2003; and WHEREAS,the Community Planning Board reviewed said application at a public hearing at its February 10, 2003 meeting and recommended approval of said site plans; and WHEREAS, the City Council has reviewed said application at a public hearing at its March 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 Hennepin Village Sites C & D, based on plans dated April 11, 2003, between Pemtom Land Company, and the City of Eden Prairie. ADOPTED by the City Council of the City of Eden Prairie this 20th day of May, 2003. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen A. Porta, City Clerk DEVELOPMENT AGREEMENT HENNEPIN VILLAGE SITES C AND D, OFFICE AND NEIGHBORHOOD COMMERCIAL THIS AGREEMENT,made and entered into as of May 20,2003,by HENNEPIN VILLAGE LIMITED PARTNERSHIP,a Minnesota limited partnership,hereinafter referred to as"Developer,"and the CITY OF EDEN PRAIRIE,a municipal corporation,hereinafter referred to as "City"; WHEREAS,Developer has applied 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,legally described on Exhibit A the"Amended Property"); NOW,THEREFORE,in consideration ofthe City adopting Resolution No.2003-53 for Guide Plan Change, Resolution No. 2003-54 for Planned Unit Development Concept Review, Ordinance Planned Unit Development District Review and Zoning District Change from Rural to R1-9.5 and RM 6.5, Resolution No. for Site Plan Review, and Resolution No. 2003-55 for Preliminary Plat, Developer agrees to develop the Property as amended as follows: D5 1. PLANS: Developer shall develop the Property in conformance with the materials revised and stamp dated March 18,2003 reviewed and approved by the City Council on March 18, 2003, and identified on Exhibit B, (hereinafter the "Plans") 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. DEDICATION OF PARK LAND:Concurrent with the recording of the final plat for Phase II, as shown in the Phasing Plan, attached as Exhibit H,Developer shall covey to City by warranty deed,Outlot V,Hennepin Village 2nd Addition,as shown in plans in Exhibit B,for park purposes. Concurrent with the recording of the final plat for Phase III,as shown in the Phasing Plan, attached as Exhibit H,Developer shall;(I)Submit a trail and grading improvement plan and cost estimate for review and approval by the Director of Parks and Recreation;(II)Receive approval by the Director of Parks and Recreation that trail and grading improvement plan have been completed in accordance with the approved plans; (III) convey to the City by warranty deed,Outlot U,Hennepin Village 2nd Addition,as shown in plans in Exhibit B,for park purposes. After inspection and acceptance of the trail and grading plan,as determined by the Director of Parks and Recreation,.City agrees to reimburse the Developer for the construction cost of the trail and grading plan. 4. DEVELOPER'S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a violation of City Code relating to development of,or construction on,Site C and D 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 Site C and D while such a violation is continuing,unless waived by City. The existence of a violation of City Code or the failure to perform or fulfill an obligation required by this Agreement shall be determined solely and conclusively by the City Manager of the City or a designee. 5. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall release,defend and indemnify City,its elected and appointed officials,employees and agents from and against any and all claims, demands, lawsuits, complaints, loss, costs (including attorneys' fees), damages and injunctions relating to any acts, failures to act, errors, omissions of Developer or Developer's consultants,contractors,subcontractors,suppliers and agents. Developer shall not be released from its responsibilities to release, defend and indemnify because of any inspection,review or approval by City. 6. EXTERIOR MATERIALS: Prior to building permit issuance,Developer shall submit to the City Planner,and receive the City Planner's written approval of a plan depicting exterior materials and colors to be used on the buildings on Site C and D. The materials and colors must be consistent with the Hennepin Village Design Manual dated November 13,2001,by Westwood Professional Services, Inc. (hereinafter referred to as Design Framework Manual"). Prior to issuance of any occupancy permit for Site C and D, Developer shall complete implementation of the approved exterior materials and colors plan in accordance with the terms and conditions of Exhibit C, attached hereto. 7. FUTURE DEVELOPMENT:Prior to any building permits on Office Sites 1-7,(including the Neighborhood Commercial site sometimes known as the Neighborhood Convenience Center), as depicted in the Plans, Developer shall submit the plans required by the Eden Prairie City Code for review and approval by the Community Planning Board and City Council. These plans shall be developed in accordance with the following conditions. A. The Developer has agreed and therefore shall dedicate or convey to City 11.5 acres of open space identified in Exhibit B and concurrent with the development of adjacent property. B. The access to the proposed Neighborhood Convenience Center(within Office Lot 7) should be located 1/8t mile from Highway 212,coordinated with access to the west, and located to provide adequate site distance. C. Access to Charlson Road shall be at 1/8t mile spacing. D. Rear yard drainage on Sites C and D shall be directed back to internal streets in order to manage the Prairie Bluff Conservation Area as a dry prairie. E. All housing in the PUD shall be designed to meet the Metropolitan Council Builders Guide Land Use Compatibility Guidelines for Aircraft Noise,August 1999,Table 2 for Residential New Development within the DNL 65-60 for interior noise reduction. F. The actual amount of office that can be built shall be based on detailed plans presented at the time of rezoning. G. The actual amount of commercial that can be built shall be based on detailed plans presented at the time of rezoning. H. Construct trails and sidewalks as shown on the sidewalk and trail plans and further described in this Agreement. ca—T" 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 any portion of the property,Developer shall submit and obtain the City Engineer's written approval of a final grayling and drainage plan for the area included within the requested permit. The final grading and drainage plan shall include pond designs for wet basins with adequate storage for the calculated NURP and 100 year flood events, 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. B. 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. C. 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 area to be graded. 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 ponds during construction. Developer shall provide preconstruction and post construction surveys for evaluation by City. D. Prior to grading on MAC property, Developer shall obtain temporary grading easements from MAC. 9. 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 for each phase as shown in the Phasing Plan in Exhibit H.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 the last 10 occupancy permits for each phase as shown in the Phasing Plan in Exhibit H. SI 10. 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 each phase as shown in the Phasing Plan in Exhibit H. 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 the last 10 occupancy permits for each phase as shown in the Phasing Plan in Exhibit H,Developer shall complete implementation of the approved landscape plan in accordance with the terms and conditions of Exhibit C.The bond furnished by Developer may be provided by the landscape contractor provided the City Planner approves said • landscape bond as provided above,and provided that the rights of the City as obligee under such bond are not impaired or affected in any manner by any default or failure of the Developer to perform any condition or obligation under or pursuant to the Developer's contract with the landscape contractor. 11. PERFORMANCE STANDARDS: Developer agrees that the development of Site C and D will occur in a manner meeting all applicable noise,vibration,dust and dirt,smoke,odor and glare laws and regulations. 12. PLAN REVISIONS SITE C AND D Prior to final plat approval Developer shall provide revised plans with the following changes. A. Add a 5 foot sidewalk on the east side of Spring Road between Charlson Road and Hennepin Crossing. B. If required by Hennepin County, construct a marked pedestrian crosswalk at Hennepin Crossing and Spring Road Developer shall construct the sidewalk concurrent with construction of Phase I,as shown in the Phasing Plan in Exhibit H,and completed prior to the issuance of the last 10 occupancy permits. 13. CHARLSON AREA IMPROVEMENTS: Developer shall construct the street and utility improvements which are within proposed Charlson Road and are described in the Charlson Area Improvements Feasibility Study(I.C.9.8-5470 and 99-5484)including the intersection improvements at Charlson Road and T.H. 212 (Flying Cloud Drive). These improvements shall be constructed in phases as follows and substantially completed prior to an occupancy permit for residential or office structures in each applicable phase: A. Phase 1 -Charlson Road from Spring Road through the intersection with Pincherry Lane concurrent with Phase 1 residential development as depicted on the Phasing Plan in Exhibit B. B. Phase 2-Charlson Road from Pincheiry Lane through the intersection with Liatris Lane concurrent with Phase 2 residential development as depicted on the Phasing Plan in Exhibit B. C. Phase 3 -Charlson Road from Liatris Lane to 200 feet northerly of T.H.212(Flying Cloud Drive) concurrent with Phase 3 residential development as depicted on the Phasing Plan in Exhibit B. D. Phase 4-Charlson Road from the southern terminus of Phase 3 to T.H.212(Flying Cloud Drive)and the regrading and widening of Flying Cloud Drive to provide for appropriate intersection approach grades, two northbound lanes, two southbound lanes, left and right turn lanes and a traffic signal. Phase 4 shall be constructed concurrent with Phase 4 development as depicted on the Phasing Plan in Exhibit B and prior to the development of any of the office or commercial sites. Charlson Road shall be constructed as a three lane facility with a two lane approach to Spring Road and a three lane approach to T.H.212. Developer shall construct a 12-inch water main in Charlson Road and along T.H.212 • from Charlson Road to connect with a 12 inch watermain currently under construction by MAC. The City shall reduce trunk assessments to the property by an amount to be determined by the City Engineer representing the difference in construction cost of 8 inch watermain,valves and fittings and 12 inch watermain,valves and fittings. Further, Developer shall receive credit for the 8-12 inch over sizing of the water main in Hennepin Crossing Road. Developer and City agree one office product,not to exceed more than 20%ofthe office floor area,as shown in plans in Exhibit B,maybe constructed concurrent with Phase 1,2,and 3,as shown in the Phasing Plan, attached as Exhibit H. The development of three residential phases, or two residential phases and an office product,not exceeding 20%of office floor area,shall require the completion of the Charlson Road Improvements in the minimum three phases noted above. 14. PUD WAIVERS GRANTED: The City hereby grants the following waivers to City Code requirements within the Rl-9.5 and RM-6.5 through the Planned Unit Development District Review for Site A and incorporates said waivers as part of PUD-1-2002. 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. 30 • 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 Tree Replacement • Tree replacement from 10,938 inches to 8,222 inches. 15. RETAINING WALLS: Prior to issuance by the City of any permit for grading or construction on Site C and D, 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 structures in Site C and D. 16. SIDEWALK AND TRAIL CONSTRUCTION: Prior to issuance by City of any building permit on the Property in Phases 1, 2, and 3, as shown in the Phasing Plan, attached as Exhibit H, 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, as shown in the location in plans in Exhibit B.. Developer shall complete implementation of the approved plans in accordance with the terms of Exhibit C prior to issuance of the last ten occupancy permits in each phase. 17. 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. 3 18. SITE LIGHTING: Prior to building permit issuance,Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for lighting on Site C and D. All pole lighting shall consist of downcast shoebox fixtures not to exceed 20 feet in height. Developer shall complete implementation of the approved lighting plan prior to issuance of any occupancy permit for Site C and D. 19. STREET AND UTILITY PLANS WITHIN SITE C AND D: Developer agrees that the street and utility plan contained in the Plans is conceptual. Prior to issuance by the City of any permit for the construction of streets and utilities for Site C and D, including the Charlson Area Improvements described in Section 13 of this agreement, Developer shall submit to the City Engineer, and obtain the City Engineer's written approval of final plans for public streets,sanitary sewer,water and storm sewer. A rear yard storm sewer system to collect storm water from lots abutting steep slopes is required. Plans for public infrastructure shall be of a plan view and profile on 22 x 34 plan sheets consistent with City standards. Developer shall pay a permit fee of five percent of construction value of infrastructure improvements dedicated to the City. The design engineer shall provide daily inspection, certify completion in conformance to approved plans and specifications and provide record drawings. 20. TRAIL EASEMENT ALONG LIATRIS LANE Prior to the release of any final plat for the Phase II, as shown in plan in Exhibit H, Developer shall submit a Sidewalk and Trail Easement, attached as Exhibit F, for review and written approval by the Director of Parks and Recreation Services. Upon such approval,Developer shall provide an executed copy,in a recordable form,to the City. 21. TREE LOSS-TREE REPLACEMENT: There are 8,222 diameter inches of significant trees on Site A. Tree loss related to development on Site C and D is calculated at 8,222 diameter inches. Tree replacement required is 8,222 caliper inches.Prior to issuance of the last ten occupancy permits Developer shall submit to the City Forester and receive the City Forester's written approval of a tree replacement plan for 8,222 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 building permit issuance. 21. DESIGN FRAMEWORK MANUAL: The Design Framework Manual shall be applicable to Site C and D. Developer agrees to implement the Design Framework Manual and complete implementation prior to occupancy permit. 1/475 c1 22. INTERIOR NOISE MITIGATION PLAN: Prior to issuance of each residential building permit for the Property, Developer shall submit plans that establish that residence is designed to meet the Metropolitan Council Builders Guide Land Use Compatibility Guidelines for Aircraft Noise,dated August 1999,Table 2 for Residential New Development within the DNL 65-60 for interior noise reduction. 23. DISCLOSURE OF INFORMATION: No lot within the plat of the Site C and D shall be sold or transferred to the first intended residential homeowner,nor an agreement entered into to construct a home on any lot within the plat of Site C and D unless the Developer or its successors and/or assigns personally delivers prior to execution of a purchase agreement or an agreement to construct a home on the lot(whichever comes first),a disclosure statement in form and substance as attached as Exhibit G hereto regarding the Flying Cloud Airport and the planned extension of the East/West Connection Road to Eden Prairie Road. If the initial purchaser of a lot from the Developer is not the initial intended homeowner of a residence to be constructed on the lot, Developer shall require by contractual obligation with its initial purchaser to deliver the disclosure statement to the initial intended residential homeowner prior to execution by the intended homeowner of any agreement to construct a home or agreement to purchase a lot(whichever comes first). 24. DEDICATION OF OUTLOT P: Outlot P, as shown in plans in Exhibit B shall be dedicated as public right-of-way. 25. SPECIAL ASSESSMENT AGREEMENT: Prior to the release of the final plat for the Property, Developer agrees to sign an assessment agreement, in the form and substance as attached Exhibit E with the City for trunk sewer and water assessments in the amount of $19,848.50 for that portion of the property described in Exhibit E. Developer further agrees that trunk sewer and water assessments may be levied by the City at prevailing rates in the year assessed against the Property,except that part described in Exhibit E with each phase of the residential and/or office/industrial/commercial project based on the gross area of each phase. Prior to the release of a final plat for each phase, Developer shall sign an assessment agreement for trunk sewer and water assessments. 26. EXHIBIT I-PUBLIC EASEMENT FOR LIATRIS LANE: Prior to the release of any final plat for the Phase II, as shown in plans in Exhibit H, Developer shall submit a public easement,attached as Exhibit I,for review and written approval by the Director of Parks and Recreation Services. Upon such approval, Developer shall provide an executed copy, in a recordable form,to the City. LJ Hennepin Village Limited Partnership CITY OF EDEN PRAIRIE a Minnesota limited partnership By: The Pemtom Land Company Its: General Partner Nancy Tyra-Lukens,Mayor By: Its: Scott H.Neal, City Manager STATE OF NIINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,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 Pemtom Land Company, the General Partner, of Hennepin Village Limited Partnership, a Minnesota limited partnership, by , its , on behalf of the partnership. Notary Public EXHIBIT A LEGAL DESCRIPTION-HENNEPIN VILLAGE SITES C AND D, OFFICE AND NEIGHBORHOOD COMMERCIAL SITES PLANNED UNIT DEVELOPMENT LEGAL DESCRIPTION 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 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. 35 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 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. EXHIBIT B PLANS HENNEPIN VILLAGE SITES C AND D, OFFICE AND NEIGHBORHOOD COMMERCIAL SITES • Hennepin Village Design Manual dated January 8,2002,by Westwood Professional Services, Inc. • Existing Conditions/Certificate of Survey,dated November 2,2001,by Westwood Professional Services,Inc. • PUD Concept Plan dated November 2,2001,by Westwood Professional Services,Inc. • Preliminary Plat dated November 15,2002,by Westwood Professional Services,Inc. • Preliminary Grading and Erosion Control Plan dated November 15,2002,by Westwood Professional Services,Inc. • Preliminary Utility Plan dated November 15,2002,by Westwood Professional Services,Inc. • Existing Tree Location Plan dated March 27,2003,by Westwood Professional Services,Inc. • Tree Preservation Plan,dated February 2,2002, by Westwood Professional Services,Inc. • Preliminary Landscape Plan dated March 17,2003,by Westwood Professional Services,Inc. • Hennepin Village Trip Generation Study-Potential Neighborhood Convenience Center Plan dated November 8,2001,by Westwood Professional Services,Inc. a EXHIBIT C DEVELOPMENT AGREEMENT-HENNEPIN VILLAGE SITES C AND D, OFFICE AND NEIGHBORHOOD COMMERCIAL SITES 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 S. Moe David and Janet Brown 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. VTTT. 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 the post. 210 EXHIBIT D - EROSION CONTROL POLICY AUGUST 1, 1997 DEVELOPMENT AGREEMENT-HENNEPIN VILLAGE SITES C AND D, OFFICE AND NEIGHBORHOOD COMMERCIAL SITES 1. All construction projects permitted by the City of Eden Prairie which results in the temporary disturbance of vegetative or non-vegetative surfaces protecting soils from erosion require the use of Best Management Practices(BMP's)as outlined in the Minnesota Pollution Control Agency's manual,Protecting Water Quality in Urban Areas,to mitigate the impact of erosion on wetland and water resources. The City Engineer or the Director of Inspections may impose special conditions to permits which stipulate erosion control procedures and/or direct the installation of erosion control features or the clean up of erosion at construction sites. Permits affected by this policy include all grading permits,building permits,and permits for the installation of utilities. 2. All erosion control systems stipulated in the permit application shall be installed prior to the issuance of the permit. Supplemental erosion control systems ordered by the City Engineer or the Director of Inspections shall be installed within 48 hours of that order. 3. The applicant must maintain all erosion control systems in a functional condition until the completion of turf and/or structural surfaces, which protect the soil from erosion. The applicant must inspect erosion control biweekly and immediately after each rainfall event of .5 inches or more. Needed maintenance shall be performed within 48 hours. 4. Best Management Practices(BMP's)shall be utilized at all construction sites to minimize the trackage or spillage of soil on public streets or highways. BMP's may include,but are not limited to,rock construction entrances,washing stations,frequent cleaning of streets adjacent to the construction site or limiting operations when site conditions are unmanageable. Trackage or spillage of soil on a public street or highway must be cleaned by power sweepers within the time frame stipulated in the permit special conditions or as ordered by the City Engineer or the Director of Inspections. 5. If erosion breaches the perimeter of a construction site, the applicant shall immediately develop a clean up and restoration plans, obtain the right-of-entry from the adjoining property owner, and implement the clean up and a restoration plan within 48 hours of obtaining the adjoining property owner's permission. In the event eroded soils enter onto or are tracked or spilled on a public street,highway,sidewalk or trail,the applicant shall remove the soil material and thoroughly sweep the street or sidewalk surface within four hours. If eroded soils enter,or entrance appears imminent,into wetlands or other water bodies,clean up and repair shall be immediate. The applicant shall provide all traffic control and flagging required to protect the traveling public during the clean up operations. 6. When an applicant fails to conform to any provision of this policy within the time stipulated in a written notification,the City may take the following actions: a. Withhold the scheduling of inspections and/or the issuance of a Certificate of Occupancy or other approvals. b. Direct the correction of the deficiency by City personnel or separate contract. c. Withhold the issuance of building permits d. At its option,institute and prosecute an action to enjoin violations of this Agreement and/or an action to specifically enforce performance of this Agreement The issuance of a permit constitutes a right-of-entry for the City or its contractor to enter upon the construction site for the purpose of correcting deficiencies in erosion control. All costs,including but not limited to,attorneys'fees and engineering fees incurred by the City in correcting erosion control deficiencies or enforcing this policy shall be reimbursed by the applicant. All invoices for erosion control correction shall be due and payable within 30 days. Invoices not paid within 30 days shall accrue interest at a rate of 1%per month or the highest legal rate. Each charge for correction of erosion deficiencies shall be a lien upon the property to which the permit applies. Invoices more than 30 days old on September 30 or any year or on any other date as determined by the City Engineer or the Director of Inspections may be assessed against the property. As a condition of the permit, the owner shall waive notice of any assessment hearing to be conducted by the City, concur that the benefit to the property exceeds the amount of the proposed assessment and waive all rights by virtue of Minnesota Statute 429.081 or otherwise to challenge the amount or validity of the assessment. I,We,The Undersigned,hereby accept the terms and conditions of the Erosion Control Policy dated August 1, 1997 as set forth and agree to fully comply therewith, to the satisfaction of the City of Eden Prairie,Minnesota. By: By: Owner's Signature Applicant's Signature DEVELOPMENT NAME: Lot: Block: OWNER INFORMATION OWNER(PRINT): Address - I EXHIBIT E DEVELOPMENT AGREEMENT-HENNEPIN VILLAGE SITES C AND D, OFFICE AND NEIGHBORHOOD COMMERCIAL SITES 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 Hennepin Village Limited Partnership, a Minnesota limited partnership(the "Owner"). A. The Owner holds legal and equitable title to property described as: 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. Torrens Certificate No. 752138 AND 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. Torrens Certificate No. 637261 AND 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 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. Torrens Certificate No. 566051 B. The owner desires to develop the property in such a manner that relies upon the City's trunk utility system,including trunk sanitary sewers,trunk watermains,wells,elevated storage facilities and a water treatment plant(all of which is hereafter referred to as the "Improvements"). C. The parties hereto desire to enter into an Agreement concerning the financing of the construction of the Improvements all of which will inure to the benefit of the Property. AGREEMENTS IT IS HEREBY AGREED as follows: 1. The Owner consents to the levying of assessments against the above described property in the amount of$19,848.50. 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 assessment is 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 Improvements to be constructed exceeds the amount of the assessment to be levied against the Property. The Owner waives all rights it has by virtue of Minnesota Statue 429.081 or otherwise to challenge the amount of 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. 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 the year the special assessments are levied. The City may levy the trunk assessments in 2003 or any year thereafter. 6. This agreement shall be effective immediately. [The remainder of this page has been intentionally left blank.] L Hennepin Village Limited Partnership CITY OF EDEN PRAIRIE a Minnesota limited partnership By: The Pemtom Land Company Its: General Partner 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 Pemtom Land Company, the General Partner, of Hennepin Village Limited Partnership, a Minnesota limited partnership, by , its , on behalf of the partnership. Notary Public —1� EXHIBIT F - TRAIL EASEMENT DEVELOPMENT AGREEMENT- HENNEPIN VILLAGE SITES C AND D, OFFICE AND NEIGHBORHOOD COMMERCIAL SITES ("Grantor")hereby grants and conveys this clay of 2003, to City of Eden Prairie ("Grantee") an easement ("Easement') for the following uses and purposes and subject to the following terms and conditions on, over,under, and across under real property in the County of Hennepin,State of Minnesota,described in Exhibit A attached and made a part here of. ("Easement Parcel") 1. Uses and Purposes. The Easement shall be for the following purposes and uses of the Easement parcel: A. To construct,maintain and replace a trail; B. For pedestrian travel by the public in or on non-motorized vehicles; C. For travel by the public in or on motorized vehicles authorized by Grantee; D. To remove, cut and trim trees,shrubs and vegetation. 2. Nonexclusive. The Easement shall be nonexclusive,provided however,the Easement shall be paramount and superior to any other easement. Any other easement shall be subject and subordinate to, and shall not interfere with,the Easement without the consent, in writing, of Grantee. 3. Duration of Easement. The Easement shall be perpetual, shall run with the land and shall be binding upon Grantor and Grantor's heirs, successors and assigns and shall be for the benefit of Grantee,its successors and assigns. 4. Grantor covenants that Grantor is the record Fee Owner of the Easement Parcel, holds the legal and equitable title thereto, free and clear of all mortgages, liens and encumbrances, except the holder(s) of which has/have agreed in writing to the Easement pursuant to the attached consent(s)and has lawful right and authority without restriction to grant and convey the Easement. 1 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 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 ,the , a Minnesota , on behalf of the corporation. Notary Public y8� EXIT G HENNEPIN VILLAGE SITES C AND D DISCLOSURE OF INFORMATION Developer shall cause the following notice to be given,either from Developer itself or Developer's successors in interest to any portion of the Property,to all residential home purchasers of lots within the Property who intend to occupy a residence on such lot, prior to the execution of a purchase agreement or agreement to construct a residence on a lot within the Property,whichever occurs first: The Property is located near the Flying Cloud Airport, which is owned and operated by the Metropolitan Airports Commission. The Metropolitan Airports Commission currently has under consideration the expansion of the airport runways, which may affect the Property. Further information regarding the airport and the proposed expansion can be obtained from the Office of Airport Planner, Telephone No.: 612-726-8129 or 612-726-8100. The City of Eden Prairie approval of the Planned Unit Development Concept Review by Resolution No. includes the planned extension of an extension of an East/West Connection Road from Spring Road to Eden Prairie Road as identified in PUD Concept Plan dated November 2,2001 prepared by Westwood Professional Services,Inc.,which document is on file with the Community Development Services Area of the City of Eden Prairie. EXHIBIT I - PUBLIC EASEMENT FOR LIATRIS LANE FOR VALUABLE CONSIDERATION,Hennepin Village Limited Partnership,a Minnesota limited partnership,Grantor, hereby grants,transfers and conveys unto The City of Eden Prairie,a municipal corporation,Grantee,for the benefit of and use by the public,a perpetual,non-exclusive easement for vehicular and pedestrian ingress and egress on,over and across the real property legally described on Exhibit A,to be commonly known as Liatris Lane,for access from Charlson Road to any property owned by the City of Eden Prairie along the bluff of the Minnesota River and to the outlook located at the Southerly end of Liatris Lane. IN WITNESS WHEREOF the undersigned has executed this instrument the day of ,2003. HENNEPIN VILLAGE LIMITED PARTNERSHIP By The Pemtom Land Company Its General Partner By Its OWNERS' SUPPLEMENT TO DEVELOPMENT AGREEMENT BETWEEN PEMTOM LAND COMPANY AND 'DIE CITY OF EDEN PRAIRIE THIS AGREEMENT,made and entered into as of May 6,2003,by and between Robert S. Moe, 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 , 2003, by and between , a Minnesota 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 Robert S.Moe Nancy Tyra-Lukens,Mayor Scott H.Neal,City Manager STATE OF M1NNESOTA ) )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 MP4NESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2003,by ,an individual. Notory Public sa EXHIBIT A OWNERS SUPPLEMENT LEGAL DESCRIPTION-HENNEPIN VILLAGE SITES C AND D, OFFICE AND NEIGHBORHOOD COMMERCIAL SITES 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 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 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. 1 OWNERS' SUPPLEMENT TO DEVELOPMENT AGREEMENT BETWEEN PEMTOM LAND COMPANY AND THE CITY OF EDEN PRAIRIE TI3IS AGREEMENT,made and entered into as of May 6,2003,by and between David and Janet Brown, 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 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 , 2003, by and between , a Minnesota , 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. 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 David Brown Nancy Tyra-Lukens,Mayor Janet Brown 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 ,and husband and wife. Notory Public 5� EXHIBIT A OWNERS SUPPLEMENT LEGAL DESCRIPTION-HENNEPIN VILLAGE SITES C AND D, OFFICE AND NEIGHBORHOOD COMMERCIAL SITES 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 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 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_ CITY COUNCIL AGENDA DATE: 05/20/03 SECTION: Consent Agenda DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Management and Budget/Planning Donald R.Uram Lorence Third Addition . C Danette M.Moore Move to: • Approve 2nd Reading of the Ordinance for Zoning District Change from Park/Open Space to Low Density Residential on 0.5 acres and from Low Density Residential to Park/Open Space on 0.5 acres. Due to the simplicity of the project,no Developer's Agreement is necessary. Synopsis This is for the replatting of one existing single-family lot to create a second single-family lot and one outlot. Attachments 1. Ordinance for Zoning District Change 59 LORENCE THIRD ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. -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 Public District and be placed in the R1-13.5 District and removed from the R1-13.5 District and placed in the Public District. Section 3. The proposal is hereby adopted and the land shall be, and hereby is removed from the Public District and shall be included hereafter in the R1-13.5 District and removed from the R1-13.5 District and shall be included hereafter in the Public District, 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 4. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99, "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. 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 15th day of April 2003 and fmally 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 20th day of May, 2003. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens,Mayor PUBLISHED in the Eden Prairie News on Exhibit A Lorence Third Addition Legal Description Lot 1-2,Block 1,LORENCE THIRD ADDITION,Hennepin County,Minnesota. 61 LORENCE THIRD ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO. 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 0.5 acres of land located at 17195 Valley View Road, from the Public Zoning District to the R1-13.5 Zoning District and 0.5 acres from the R1-13.5 Zoning District to the Public 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 April 3, 2003. (A full copy of the text of this Ordinance is available from City Clerk.) CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar May 20, 2003 • DEPARTMENT: ITEM DESCRIPTION: ITEM NO.: Robert A. Lambert Award Bid for the Completion of Phase II- °D Director of Parks&Recreation Purgatory Creek Recreation Area Requested Action Motion: Move to award the bid for Phase II park improvements for the Purgatory Creek Recreation Area to American Liberty Construction in the amount of 1,092,000.00. Synopsis On April 7, 2003, the Parks, Recreation and Natural Resources Commission recommended approval of the plans and specifications for the Purgatory Creek Recreation Area. On April 15, 2003, the City Council unanimously approved the plans and specifications for the Purgatory Creek Recreation Area plan—completion of Phase II. On May 8, 2003, the City opened bids for Phase II improvements to the Purgatory Creek Recreation Area according to the approved plan. The City received seven bids ranging from $1,092,000 to $1,405,765.15. • The engineer's estimate was $1,088,547. Summary Attached to this memorandum is a summary of the bids received for this project. Deduct Alternate #1 was to remove the information kiosk from the project. Alternate #2 would be to eliminate the variable message sign from the base bid, and Alternate #3 would be to eliminate the sign monument. Staff does not recommend accepting any of the alternates. Attachment: Bid Summary RAL:mdd (03 PNO CONSULTING GROUP,INC BID OPENING CITY OF EDEN PRAIRIE PURGATORY CREEK RECREATION AREA PHASE H PARK IMPROVEMENTS EDEN PRAIRIE I.C.NO. 02-5555 MAY 8,2003 AT 2:00 P.M. Bid Addendum Amount Deduct Deduct Deduct Contractor Bond 1-4 Alt. Alt. Alt. No. 1 No.2 No. 3 AMERICAN LIBERTY CONST. X X 1,092,000.00 10,590 65,252 36,090 EBERT CONSTRUCTION X X 1,094,403.60 10,778 35,767 39,568 ENVIRONMENTAL ASSOCIATES X X 1,168,868.40 11,130 68,000 62,116 GREYSTONE CONSTRUCTION CO. X X 1,143,891.69 11,109 '64,953 81,720 JAY BROTHERS, INC. X X 1,318,872.03 19,500 48,000 48,000 L.S. BLACK CONSTRUCTORS X X 1,158,068.28 9,500 44,000 27,600 SUNRAM CONSTRUCTION,INC. X X 1,405,765.15 6,000 60,000 60,000 ENGINEERS ESTIMATE 1,088,547.00 SRF:Vo13:H:Larch:4301:Doc:BidOpening5-8-03.doc CITY COUNCIL AGENDA DATE: May 20,2003 SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: I.C. 03-5600 ITEM NO.: Engineering Award Contract for 2003 Sealcoat E Mary Krause Requested Action Move to: Award Contract for 2003 Sealcoat to Pearson Brothers in the amount of $329,585.25. Synopsis Sealed bids were received Thursday, May 15, 2003 for the 2003 Sealcoat. Three bids were received and are tabulated as follows: Pearson Brothers $329,585.25 Allied Blacktop,Inc. $353,430.36 ASTECH $401,368.17 Background Information The 2003 O&M budget for sealcoating is $245,000. The balance of$85,000 between the actual project costs and budget amount will be taken from the CIP for pavement maintenance. • 65 CITY COUNCIL AGENDA DATE: May 20,2003 SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: I.C.03-5601 ITEM NO.: Engineering Award Contract for 2003 Mill and Bituminous Mary Krause Overlays Requested Action Move to: Award Contract for 2003 Bituminous Mill and Overlay to Bituminous Roadways,Inc.in the amount of$560,190.00. Synopsis Sealed bids were received Thursday, May 15, 2003 for the 2003 Bituminous Overlays. Six bids were received and are tabulated as follows: Bituminous Roadways, Inc. : $560,190.00 Northwest Asphalt $577,100.00 Midwest Asphalt $580,920.00 Valley Paving $583,268.00 Wm.Mueller&Sons $589,088.00 Hardrives, Inc. $603,664.00 Background Information The 2003 O&M budget for milling and overlay is $266,000. The Council approved five-year CIP allocated an additional 800,000 for pavement maintenance for 2003. Approximately $300,000.00 of these monies will be added to the overlay program. The scope of the overlay project may be expanded to maximize these maintenance funds. The additional CIP funds will be utilized for additional projects such as the reconstruction of the Hillcrest/Alpine neighborhoods and the sealcoat project. CITY COUNCIL AGENDA DATE: May 20,2003 SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: ITEM NO.: Public Works Approve Contract with the State of Minnesota - Eugene A. Dietz for ICWC Program Requested Action Move to: Approve contract with the State of Minnesota for the Institution Community Work Crew (ICWC) in the amount of$97,500.00 for the biennium beginning July 1, 2003. Synopsis The City of Eden Prairie has contracted with the State of Minnesota for the ICWC Program since 1996. This has been a very cost-effective staffing alternative to meet seasonal peak demand as well as routine projects that supplements our staffmg levels during the off seasons. The contract for the new biennium has been increased by 3.8%. Background Information In 2001, we went from a two-day-per-week minimum to a three-day-per-week minimum commitment for the ICWC Program. During the calendar year 2002,we received 8,450 hours of labor from the contract. The crews range in size from five to 12 men, with an overall average of over seven men per day. Park Supervisor, Doug Ernst, coordinates this effort and he has integrated the crews extremely well into our maintenance activities in Eden Prairie. The wide range of activities include painting, tree trimming, prescribed bums of native prairie•grasses, trail maintenance, sign removal and installation, building picnic tables, fire hydrant painting, landscaping projects, playground equipment maintenance, etc. This has been a positive and cost-effective relationship with the State of Minnesota and staff recommends approval of the two-year contract for the ICWC Program. Attachments State of Minnesota Income Contract (O� Income Contract No. (Provided by Department of 1 riministration) STATE OF M NNESOTA INCOME CONTRACT This contract is between the State of Minnesota,acting through its commissioner of corrections,Institution Community Work Crew ("State"),and the City of Eden Prairie, 15150 Technology Drive,Eden Prairie,Minnesota 55344("Purchaser"). Recitals Under Minn. Stat. §241.278 the State is empowered to enter into income contracts. • 2. Pursuant to Minn.Stat. §244.03 the State has developed a vocational and educational program with employment related goals for inmates who desire to voluntarily participate known as the Institution Community Work Crew(ICWC). 3. The Purchaser is in need of an ICWC Program. 4. The State represents that it is duly qualified and agrees to provide the services described in this contract. Contract 1 Term of Contract 1.1 Effective date: July 1, 2003, or the date the State obtains all required signatures under Minnesota Statutes Section 16C.05,subdivision 2,whichever is later. 1.2 Expiration date:June 30,2005,or until all obligations have been satisfactorily fulfilled,whichever occurs first. 2 State's Duties The.State will: 2.1 Provide crew leaders(s)who will supervise up to 10 offender crewmembers each three, 10 hour day,including the hour's crew leaders spend for daily preparation and communication. 2.2 In coordination with the Purchaser,train each work crew in safety principles and techniques set forth by the Purchaser and applicable federal, state and local agency requirements. Purchaser agrees that the State has the responsibility and authority to refuse selected projects if it considers the projects beyond the skill level of the crewmembers and/or if unsafe to perform. 2.3 Provide required personal safety equipment and clothing needed for specific work. 2.4 Screen projects to ensure that they meet ICWC guidelines. 2.5 Submit reports to the Purchaser upon request within sixty(60)days of the end of each quarter, which shall include the following information: a. Total number of individuals completed the program b. Total number of individuals exiting prematurely c. Total number of hours worked by ICWC clients d. Dollar benefit of ICWC labor at$10.00 per hour e. Description of work completed • 3 Purchaser's Duties and Payment The Purchaser will: 3.1 • Obtain all necessary permits or licenses or special authority for all projects that utilize ICWC labor. 3.2 Assign all work and coordinate material purchases and delivery for projects to be performed by the State. 3.3 Meet with the state as necessary to coordinate training and to provide project information needed by the State in the performance of its'duties. • 3.4 The total obligation of the Purchaser for all compensation and reimbursements to the State under this contract is ninety-seven thousand, five hundred dollars and 00/100 ($97,500.00). The .Revised 9/02 • • Purchaser agrees that this includes its share of the cost of providing a crew leader and placing the work crew into service on the ICWC program during the term of this agreement. 3.5 Payment shall be made by the Purchaser to the State in the amount of twenty-four thousand,three hundred, seventy-five dollars and 00/100($24,375.00)before any work has begun;and twenty-four thousand three hundred,seventy-five dollars and 00/100($24,375.00)on December 31,2003; - ' Twenty-four thousand,three hundred, seventy-five dollars and 00/100($24,375.00)on June 30, • 2004;and Twenty-four thousand three hundred,seventy-five dollars and 00/100($24,375.00)on December 1,2004. Payment will be made no later that the 23th day following the last day of the • billing period. 4 Authorized Representatives The State's Authorized Representative is Shelva Lee Swanson, STS/ICWC Regional Supervisor or her successor. The Purchaser's Authorized Representative is Doug Ernst,Manager,Park and Trail Construction. 5 Amendments,Waiver,and Contract Complete 5.1 Amendments. Any amendment to this contract must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original contract, or their successors in office. 5.2 Waiver. If the State fails to enforce any provision of this contract,that failure does not waive the provision or its right to enforce it. 5.3 Contract Complete. This contract contains all negotiations and agreements between the State and the Purchaser. No other understanding regarding this contract,whether written or oral,may be used to bind either party: 6 Liability Each party will be responsible for its own acts and behavior and the results thereof. • 7 Government Data Practices • The Purchaser must comply with the Minnesota Government Data Practices Act,Minn. Stat. Ch. 13,as it applies to all data provided by the State under this contract.The ciVil remedies of Minn. Stat. § 13.08 apply to the release of the data referred to in this clause by either the Purchaser or the State. If the Purchaser receives a request to release the data referred to in this Clause,the Purchaser must immediately notify the State.The State will give the Purchaser instructions concerning the release of the data to the requesting party before the data is released. 8 Publicity • Any publicity regarding the subject matter of this contract must not be released without prior written approval from the State's Authorized Representative. 9 Audit Under Minn. Stat. § 16C.05, subd. 5,the Purchaser's books, records, documents,and accounting procedures and practices relevant to this contract are subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate,for a total of six years. 10 Governing Law,Jurisdiction,and Venue Minnesota law,without regard to its choice-of-law provisions,governs this contract.Venue for all legal proceedings out of this contract,or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County,Minnesota. • . 11 Termination Revised 9/02 Either party may terminate this agreement at any time,with or without cause,upon 30 days' written notice to the other party. • • • • • • • Revised 9/02 -7a 1.PURCHASER The Purchaser certifies that the appropriate persons) have executed the contract on behalf of the Purchaser as required by applicable articles,bylaws,resolutions, or ordinances. By Title Date By Title Date 2.STATE AGENCY With delegated authority • By Title Date 3.Commissioner of Administration As delegated to Materials Management Division By Date 4.Attorney General As to form and execution By Date Distribution DOC Financial Services Unit—Original(fully executed)contract • Purchaser • State's Authorized Representative Budget Officer of Authorized Representative Department of Administration—Materials Management Division Revised 9/02 lj CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar May 20,2003 DEPARTMENT: ITEM DESCRIPTION: Public Works Department ITEM NO.: Resolution amending Resolution 2002-190, Leslie Stowing setting the Fee Schedule for 2003 Through Eugene Dietz Requested Action Move to: Adopt resolution amending Resolution 2002-190,which establishes the Fee Schedule for 2003. Synopsis The proposed revision to the fee resolution will allow the City of Eden Prairie to charge a deposit and fees for Local Governmental Unit actions taken within the Lower Minnesota River Watershed District for Wetland Conservation Act work items in accordance with City Code Section 11.51,Subdivision 12. Background Information City Code Section 11.51, Subdivision 12 includes a provision for a deposit for activities such as Wetland Restoration,Wetland Alteration,Wetland Replacement or Wetland Bank Plan reviews. 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. If no City Council action is required,such as for wetland delineation review,the deposit will be refunded after all site review activities are complete. Administrative fees are to be charged for WCA review and may include,but are not limited to: • Consultant fees assisting in City review. • City staff time expended in review of the Application. • Mailing,legal notices and other administrative costs. • Any other reasonable costs incurred by the City in review of the proposal. The following items are to be added to the Engineering—Land Development Services section of the 2003 Fee Resolution. Service Fee Description Local Government Unit(LGU)Services for Lower Minnesota River Watershed District LGU Deposit, Site Review $1,000 An LGU deposit agreement is required for site review and/or wetland delineation review. LGU Deposit,Plan Review $3,000 An LGU deposit agreement is required for additional plan review services, such as wetland alteration, wetland replacement, wetland restoration and/or wetland bank plan reviews. LGU Review $75 per hour Minimum payment is $250. Plus cost of review by special consultants necessary as determined by the City Manager. Deposit required. Payment is due after completion of site review activities,plan review and/or prior to release of Plat. Attachments • Resolution • CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2003- A RESOLUTION AMENDING RESOLUTION NO. 2002-190,REGULATING FEES AND CHARGES FOR BUSINESS LICENSES,PERMITS AND MUNICIPAL SERVICES BE IT RESOLVED, that the Engineering—Land Development Services Section is amended to include the following: Lower Government Unit(LGU)Services for Lower Minnesota River Watershed District LGU Deposit, Site Review $1,000 An LGU deposit agreement is required for site review and/or wetland delineation review. LGU Deposit,Plan Review $3,000 An LGU deposit agreement is required for wetland alteration,wetland replacement,wetland restoration and/or wetland bank plan reviews. LGU Review $75 per hour Minimum payment is$250. Plus cost of review by special consultants necessary as determined by the City Manager. Deposit required. Payment is due after completion of site review activities, plan review and/or prior to release of Plat. ADOPTED by the City Council of the City of Eden Prairie on this 20th day of May, 2003. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen A. Porta, City Clerk • 73 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar May 20,2003 DEPARTMENT: ITEM DESCRIPTION: ITEM NO.: Public Works Second Reading of Ordinance Granting Franchise Eugene A.Dietz to Center Point Energy Minnegasco Requested Action Move to: Approve second reading of an Ordinance granting a franchise to Center Point Energy Minnegasco and adopt resolution approving Summary Ordinance for publication. _ Synopsis Council approved the First Reading of an Ordinance that grants a 10-year franchise to Center Point Energy Minnegasco on May 6, 2003. No modifications to the franchise have been made and staff recommends approval of the Second Reading of the Ordinance. Attachments Ordinance Summary Ordinance CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA FRANCHISE ORDINANCE FOR CENTERPOINT ENERGY MINNEGASCO ORDINANCE NO. -2003 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPTER 25 GRANTING TO CENTERPOINT ENERGY MINNEGASCO, A NATURAL GAS UTILITY, A DIVISION OF CENTERPOINT ENERGY RESOURCES CORP., A DELAWARE CORPORATION, ITS SUCCESSORS AND ASSIGNS, A NONEXCLUSIVE FRANCHISE TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN FACILITIES AND EQUIPMENT FOR THE TRANSPORTATION, DISTRIBUTION, MANUFACTURE AND SALE OF GAS ENERGY FOR PUBLIC AND PRIVATE USE AND TO USE PUBLIC WAYS OF THE CITY FOR SUCH PURPOSES; AND PRESCRIBING CERTAIN TERMS AND CONDITIONS THEREOF; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNSEL OF THE CITY OF EDEN PRAIRIE,MINNESOTA ORDAINS: SECTION 1. DEFINITIONS. For purposes of this Ordinance, the following capitalized terms shall have the following meanings: 1.1 City. The City of Eden Prairie, County of Hennepin, State of Minnesota. 1.2 City Utility System. Facilities used for providing non-energy related public utility service owned or operated by the City or agency thereof, including sewer and water service,but excluding facilities for providing heating or other forms of energy. 1.3 Commission. The Minnesota Public Utilities Commission, or any successor agency or agencies, including an agency of the federal government that preempts all or part of the authority to regulate gas retail rates now vested in the Commission. 1.4 Company. CenterPoint Energy Minnegasco, a Division of CenterPoint Energy Resources Corp., its successors and assigns, including all successors or assigns that own or operate any part or parts of the Gas Facilities subject to this franchise. 1.5 Effective Date. The date on which the ordinance becomes effective under Section 2.2. 1.6 Gas. Natural gas, manufactured gas, mixture of natural gas and manufactured gas or other forms of gas energy. 1.7 Gas Facilities. Gas transmission and distribution pipes, mains, lines, ducts, fixtures, and all necessary facilities, equipment and appurtenances owned, operated or otherwise used by the Company for the purpose of providing gas energy for public use. 75 1.8 Non-Betterment Costs. Costs incurred by the Company from relocation, removal or rearrangement of Gas Facilities that do not result in an improvement to the Facilities. 1.9 Notice. A writing served by a party or parties on another party or parties. Notice to Company must be mailed to: CenterPoint Energy Mimiegasco V.P.Regulatory&Supply Service 800 LaSalle Avenue Minneapolis,Minnesota 55402 Notice,to City must be mailed to: City of Eden Prairie 8080 Mitchell Road Eden Prairie,Minnesota 55344 1.10 Public Way. Any street, alley or other public right-of-way within the City. SECTION 2. FRANCHISE. 2.1. Grant of Franchise. The City grants the Company, for a period of ten (10) years from the Effective Date, the right to import,manufacture, transport, distribute and sell Gas for public and private use within and through the limits of the City. This right includes the provision of Gas that is (i) manufactured by the Company or its affiliates and delivered by the Company, (ii) purchased and delivered by the Company or (iii) purchased from another source by the retail customer and delivered by the Company. For these purposes, the Company may construct, operate, repair and maintain Gas Facilities in, on, over, under and across the Public Way subject to the provisions of this ordinance. The Company may do all things reasonably necessary or customary to accomplish these purposes, subject to other applicable ordinances, permit requirements and to further provisions of this ordinance. Two years prior to the expiration of this franchise agreement,the parties will meet and discuss renewal of this franchise agreement. 2.2. Effective Date. This franchise is effective from and after its acceptance by the Company. Written acceptance or rejection of the franchise by the Company must be filed with the City Clerk within ninety (90) days after publication of this ordinance. If Company does not file a written acceptance with the City within ninety (90) days, or otherwise places the City on written notice, at any time, that the Company does not accept all the terms of this franchise,the City Council by resolution may either repeal this Ordinance or seek its enforcement in a court of competent jurisdiction. 2.3. Non exclusive Franchise. This ordinance does not grant an exclusive franchise. 2.4. Legal Fees. Each party is responsible for its own legal fees incurred related to granting of this franchise. 76 2.5. Publication Expense. The expense of publication of this ordinance must be paid by the Company. 2.6. Default. Dispute Resolution. If the City or Company asserts that the other party is in default in the performance of any obligation hereunder, the complaining party must notify the other party in writing of the default and the desired remedy. Representatives of the parties must promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the dispute is not resolved within thirty (30) days after service of the notice, the parties may jointly select a mediator to facilitate further discussion. The parties will equally share the fees and expenses of the mediator. If a mediator is not used or if the parties are unable to resolve the dispute within thirty(30) days after first meeting with the mediator, either party may commence an action in District Court to interpret and enforce this franchise or for such other relief as may be permitted by law or equity. 2.7. Continuation of Franchise. If this franchise expires and the City and the Company are unable to agree on the terms of a new franchise, the existing franchise will remain in effect until a new franchise is agreed upon, or until 90 days after the City or the Company serves written Notice to the other party of their intention to allow the franchise agreement to expire. SECTION 3. CONDITIONS OF USE. 3.1. Location of Facilities. Gas Facilities must be located, constructed, installed and maintained so as not to interfere with the existing City Utility System or the safety and convenience of ordinary travel along and over Public Ways. The Company's construction,reconstruction, operation, repair, maintenance and location of Gas Facilities is subject to all other ordinances and regulation of the City, currently in place, as modified or developed in the future, as long as there is equal application to other franchised or non-franchised energy corporations. 3.2. Field Location. Upon request by the City, the company must provide field locations for any of its Gas Facilities within the period of time required by Minnesota Statute Section 216D. 3.3. Abandoned Facilities. The Company shall comply with City Ordinance, Minnesota Statute Section 216D.01, et seq., and Minnesota Rules Part 7819.3300, regarding abandoned facilities. The Company shall maintain records describing the exact location of all abandoned and retired facilities within the City, produce such records at the City's request, and comply with the location requirements of Section 216D.04 with respect to all facilities, including abandoned and retired facilities. 3.4. Permit Required. The Company may not open or disturb the surface of any Public Way without first having obtained a permit from the City, for which the City may impose a reasonable fee. The permit conditions imposed on the Company may not be more burdensome than those imposed on other utilities for similar facilities or work. The Company may, however open and disturb the surface of any Pubic Way without a permit if (i) an emergency exists requiring the immediate repair of Gas Facilities and (ii) the Company gives notice to the city before, if possible, commencement of the emergency 77 repair. Within two business days after commencing the repair, the Company must apply for any required permits and pay the required fees. 3.5. Restoration. After completing work requiring the opening of a Public Way, the Company must restore the same, including paving and its foundation, to the condition formerly existing and main ain the paved surfaces in good condition for two years thereafter. The work must be completed as promptly as weather permits. If the Company does not promptly perform and complete the work, remove all dirt, rubbish, equipment and material, and restore the Public Way, the City may, after demand to the Company to cure and the passage of a reasonable period of time not less than five calendar days following the demand, make the restoration at the expense of the Company. The Company must pay to the City the cost of such work done for or performed by the City, including administrative expense and overhead, plus ten percent of cost and administrative expense. This remedy is in addition to any other remedies available to the City for noncompliance with this section. The Company shall also post a construction performance bond consistent with the provisions of Minnesota Rules Part 7819.3000 and 7819.0100, subpart 6. 3.6 Company Protection of Gas Facilities in Public Ways. The Company must take reasonable measures to prevent the Gas Facilities from causing damage to persons or property. The Company must take reasonable measures to protect the Gas Facilities from damage that could be inflicted on the Facilities by persons,property or the elements. The Company and the City will comply with all applicable laws and codes when performing work near the Gas Facilities. 3.7 Notice of Improvements. The City must give the Company reasonable notice of plans for improvements to Public Ways where the City has reason to believe that Gas Facilities may affect or be affected by the improvement. The notice must contain; (i) the nature and character of the improvements, (ii) the Public Ways upon which the improvements are to be made, (iii) the extent of the improvements, (iv) the time when the City will start the work, and, (v) if more than one Public Way is involved, the order in which the work is to proceed. The notice must be given to the Company a sufficient length of time in advance of the actual commencement of the work to permit the Company to make any necessary additions, alterations, or repairs to its Gas Facilities. If streets are at final width and grade and the City has installed underground sewer and water mains and service connections to the property line abutting the streets prior to a permanent paving or resurfacing of such streets, and the Company's main is located under such street, the City may require the Company to install gas service connections prior to such paving or resurfacing. 3.8 Mapping Information. The Company must promptly provide complete and accurate mapping information for any of its gas facilities in accordance with the requirements of Minnesota Rules Parts 7819.4000 and 7819.4100. SECTION 4.RELOCATIONS. 4.1 Relocation of Gas Facilities in Public Ways. If the City determines by the proper exercise of its powers to vacate a Public Way for a City improvement project, or to grade, regrade or change the alignment of any Public Way, or construct or reconstruct any City Utility System in any Public Way, the City may order the Company to relocate its Gas Facilities at the Company's own expense. The City must give the Company sufficient 764 notice of plans to vacate for a City improvement project, or to grade,re-grade, or change the alignment of any Public Way or to construct or reconstruct any City Utility System. If relocation is required because of the extension of a City Utility System to a previously unserved area, the City may require the Company to make the subsequent relocation at the Company's expense. Nothing in this ordinance requires the Company to relocate, remove, replace or reconnect its Facilities at the Company's expense where such relocation, removal, replacement or reconstruction is solely for the convenience of the City and is not reasonably necessary for the construction or reconstruction of a Public Way or City Utility System or other City improvement. 4.2 Vacation of Public Ways. The City must give the Company at least two-weeks' Notice of the proposed vacation of a Public Way. Except where required for a City street or other improvement project or as otherwise provided in Section 4.1, the Vacation of a Public Way, after the installation of Gas Facilities, does not deprive the Company of its rights to operate and maintain the Gas Facilities until the reasonable cost of relocating the same and the loss and expense resulting from such relocation are first paid to the Company. In no case,however,will City be liable to Company for failure to specifically preserve a right-of-way under Minnesota Statutes Section 160.29. The City and Company shall comply with Minnesota Rules 7819.3200 and applicable ordinances consistent with law. 4.3 Projects with Federal Funding. Relocation, removal or rearrangement of any Gas Facilities made necessary because of the extension into or through the City of a federally- aided highway project shall be governed by the provisions of Minnesota Statutes, Section 161.46. SECTION 5. DEFENSE AND INDEMNIFICATION. 5.1. Terms. The Company shall indemnify, keep and hold the City, its elected officials, officers, employees, and agents free and harmless from any and all liability on account of injury or death of persons or damage to property occasioned by the construction , maintenance, repair, inspection, the issuance of permits, or the operation of the Gas Facilities located in the Public Ways. The City will not be indemnified for losses or claims occasioned through its own negligence except for losses or claims arising out of or alleging the City's negligence as to the issuance of permits for, or inspection of, Company's plans or work. The City will not be indemnified if the injury or damage results from the performance in a proper manner of acts reasonably deemed hazardous by Company, and such performance is nevertheless ordered or directed by City after notice of Company's determination. 5.2 Litigation. If such a suit is brought against the City under circumstances where the agreement in this Section 5 to indemnify applies, the Company at its sole cost and expense will defend the City in such suit if Notice thereof is promptly given to the Company within a reasonable period. If the Company is required to indemnify and defend, it will thereafter have control of such litigation, but the Company may not settle such litigation without the consent of the City, which consent will not be unreasonably withheld. This section is not as to third parties a waiver of any defense or immunity otherwise available to the City; and the Company, in defending any action on behalf of the City is entitled to assert in any action every defense or immunity that the City could assert in its own behalf. 7 SECTION 6. CHANGE IN FORM OF GOVERNMENT. Any change in the form of government of the City shall not affect the validity of this Ordinance. Any governmental unit succeeding the City shall, without the consent of Company, succeed to all of the rights and obligations of the City provided in this Ordinance. SECTION 7. FRANCHISE FEE. The City reserves all rights under Minn. Stat. §216B.36 to require a franchise fee at any time during the term of this franchise. If the City elects to require a franchise fee, it must notify Company and attempt in good faith to negotiate a mutually acceptable fee agreement. If an agreement is reached,it must be set forth in a separate ordinance and not adopted until at least 60 days after Notice enclosing the proposed ordinance has been served upon the Company by certified mail. If the City and Company do not reach an agreement, each hereby consents to the jurisdiction of the District Court in Hennepin County to construe their respective rights under the law, subject to all rights of appeal. SECTION 8. LIMITATION ON APPLICABILITY. 8.1 Limitations on Applicability. This Ordinance constitutes a franchise agreement between the City and the Company. No provision of this franchise inures to the benefit of any third person, including the public at large, so as to constitute any such person as a third-party beneficiary of the agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of action for any person not a party hereto. 8.2 Waiver. This Franchise Agreement shall not be interpreted to constitute a waiver by the City of any of its defenses of immunity or limitations on liability under Minnesota Statute Chapter 466. SECTION 9. PREVIOUS FRANCHISES SUPERSEDED. This franchise supersedes and replaces previous franchises granted to the Company or its predecessors. SECTION 10.AMENDMENTS. This ordinance may be amended at any time by the City. An amendatory ordinance becomes effective upon the filing of the Company's written consent thereto with the city clerk within 90 days after adoption. SECTION 11. SEVERABILITY. If any portion of this franchise is found unenforceable for any reason, the validity of the remaining provisions will not be affected. SECTION 12. GENERAL CITY CODE PROVISIONS. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code, Including Penalty for Violation" is hereby adopted in its entirety by reference as though repeated verbatim herein. Ut.! FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 6th day of May, 2003, and finally read and adopted and ordered at a regular meeting of the City Council of said City on the 20th day of May,2003. Kathleen Porta, City Clerk Nancy Tyra-Lukens,Mayor PUBLISHED in the Eden Prairie Sun Current on the day of , 2003. CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2003- A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. 14-2003 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 14-2003 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie held on the 20th day of May, 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. 14-2003 is lengthy and/or contains charts. B. The text of the summary of Ordinance No. 14-2003, 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. 14-2003 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 May 20, 2003. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen Porta, City Clerk CT) EXHIBIT A CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO. 14-2003 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPTER 25 GRANTING TO CENTERPOINT ENERGY MINNEGASCO,A NATURAL GAS UTILITY,A DIVISION OF CENTERPOINT ENERGY RESOURCES CORP., A DELAWARE CORPORATION, ITS SUCCESSORS AND ASSIGNS, A NONEXCLUSIVE FRANCHISE TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN FACILITIES AND EQUIPMENT FOR THE TRANSPORTATION, DISTRIBUTION, MANUFACTURE AND SALE OF GAS ENERGY FOR PUBLIC AND PRIVATE USE AND TO USE PUBLIC WAYS OF THE CITY FOR SUCH PURPOSES; AND PRESCRIBING CERTAIN TERMS AND CONDITIONS THEREOF; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 WHICH, AMONG OTHER THINGS, CONTAINS PENALTY PROVISIONS. The following is only a summary of Ordinance No. 14-2003. 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 grant CenterPoint Energy Minnegasco, a natural gas utility, a nonexclusive franchise. Through this Ordinance, the City grants CenterPoint Energy Minnegasco, for a period of ten (10) years, the right to import, manufacture, transport, distribute and sell gas for public and private use within and through the limits of the City. The Ordinance establishes standards for the location of gas facilities and requires reasonable measures be taken to prevent gas facilities from causing damage to persons or property. In addition, the Ordinance requires CenterPointe Energy to obtain a permit from the City before opening or disturbing surfaces of any street, alley, or other public right-of-way within the City and restoration of the public right-of-way after the work is complete. The Ordinance incorporates, by reference, City Code Chapter 1 which contains definitions and provisions relating to penalties. Effective Date. This Ordinance shall take effect upon publication ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens,Mayor CITY COUNCIL AGENDA DATE: 5/20/03 SECTION: Consent DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: City Council, Southdale YMCA School-Age Child Care 71— Mayor Nancy Tyra-Lukens Program Proclamation Requested Action Move to: approve the proclamation recognizing the Southdale YMCA for its 20t year anniversary of operating the Eden Prairie School-Age Child Care program. Synopsis The YMCA held a celebration of its Eden Prairie School-Age Care program on May 17, 2003. Attachment Proclamation • O PROCLAMATION City of Eden Prairie Hennepin County, Minnesota Recognizing the 20-year Anniversary of the Eden Prairie Southdale YMCA School-Age Child Care Program WHEREAS,the Southdale YMCA instituted the School-Age Child Care Program in the Eden Prairie Schools in 1983;and WHEREAS,the Southdale YMCA School-Age Childcare Program serves six schools in Eden Prairie and has 1,000 Eden Prairie students enrolled in its programs in during the 2002/2003; and WHEREAS,the Southdale YMCA School-Age Child Care Program provides a fun, educational, and safe environment`for kids before and after school; and WHEREAS,the YMCA Southdale School-Age Child Care Program enriches the lives of many children and families in Eden Prairie; NOW THEREFORE,BE IT RESOLVED by the City Council.of Eden Prairie, Minnesota, that the City Council commends the Southdale YMCA for its Eden Prairie School-Age Child.Care Program and congratulates the YMCA on its twentieth anniversary of operations in Eden Prairie. ADOPTED by the Eden Prairie City Council May 2003. Nancy Tyra-Lukens, Mayor CITY COUNCIL AGENDA DATE: May 20, 2003 SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: I.C. 01-5543 ITEM NO.: Engineering Approve Cooperative Construction Agreement -VT � ; Randy Newton with Mn/DOT for the TH 212/Valley View Road b� 1 Interchange Area Improvement Project. Requested Action Move to: Adopt resolution approving Cooperative Construction Agreement with Mn/DOT for the TH 212 /Valley View Road Interchange Area Improvement Project. Synopsis The Cooperative Construction Agreement defines Mn/DOT's and the City's financial and maintenance obligations for the TH 212 / Valley View Road Interchange Area Improvement Project. The agreement indicates that Mn/DOT will provide a lump sum total of $982,963 towards the construction cost of the$1,575,000 project. Background The TH 212/Valley View Road Interchange Area Improvement Project includes double left turn lanes from Bryant Lake Drive to Valley View Road, a trail along Bryant Lake Drive and replacement of the watermain that has been a continuing maintenance problem. The plans and specifications for the project were approved at the April 15th City Council meeting. The project is planned to be bid on May 29th and awarded at the June 3rd City Council meeting. In addition to indicating that Mn/DOT will provide $982,963 towards the construction of the project the agreement also specifies the following: • The City is responsible for administering the construction contract. • Mn/DOT is responsible for the construction inspection of the project. • The City is responsible for construction surveying. The agreement includes approximately an additional$30,000 to cover the surveying costs. Financial Implications The current construction cost estimate for the project is $1,575,000. As identified in the agreement, Mn/DOT will provide $982,963 towards the project. In addition, Hennepin County has allocated $130,000 for the project. The remaining construction costs ($462,000) are the responsibility of the City and will be paid from the Construction and Utility funds. Attachments Mn/DOT Cooperative Construction Agreement No. 85013 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. APPROVE COOPERATIVE CONSTRUCTION AGREEMENT WITH Mn/DOT FOR THE TH 212/VALLEY VIEW ROAD INTERCHANGE AREA IMPROVEMENT PROJECT • I.C. 01-5543 WHEREAS,the City of Eden Prairie has prepared and approved plans and specifications for the improvement of the TH 212/Valley View Road interchange area; WHEREAS, MnDOT has prepared a Cooperative Construction Agreement that identifies the maintenance and financial obligations for Mn/DOT and the City for this project. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council that Mn/DOT Cooperative Construction Agreement No. 85013 for City Project No. 01-5543 is hereby approved, and the Mayor and City Manager are hereby authorized to execute said agreement on behalf of the City of Eden Prairie. • ADOPTED by the Eden Prairie City Council on May 20, 2003. Nancy Tyra-Lukens,Mayor ATTEST: SEAL • Kathleen A. Porta, City Clerk U DRAFT ti PRE-LETTIh7G STATE OF 1I3 EEOTA Nn/DOT SERVICES DEPARTMENT NT OF TRANSPORTATION AGREEKENT NO. EE2TIO1T COOPERATIVE CCI S1 UCTIC AGREEMENT 85013 t4 W S_P. 2745-29 (7.E. 212=1.37; LAI S .a.P. 27-63.9-O 18.-010-13 S .A. P. 181-101-03 State Funds The State. of Minnesota AMO:-+7T ENCU:43ERE) Departme r= of Transpo r=ati on , and The City of Eden Prairie $1,r 013 r470. 50 Re: State lump sum payment for roadway improvement oo.istru.ct_ern by tie Ci=v on T.H. 212 AMOUNT RECEIVABLE (None) • T, I-� NI TH1 S AGREEMENT is na .e and entered into by and between the State of Minnesota, Department of Tanspertation, hereinafter referred to as the 'State'' and the City of Eden Prairie, Minnesota ,r acting by and through its City Counc i=r hereinafter referred to as the ' City'1 I�i DRAcT 8 30:2 W-1EREAS, the C_ty is about to perform grading, bituminous surfaci new ; aggrecate base; concrete curb and gutter, storm viewer, bituminous walk, retaining wall and traffic signal system construction and of er associated construction crossing and adjacent to Trunk Highway GAJ NO_ 212 on Bryant Lake Drive andValley View Road within theLAJ corporate City _i aits in accordance with City-prepared plans , specification: and special provision designated ' reT the City as City Project Mo. 01-5543 and by the state as Sate =roject No . 2745-23 . T.H. 212=187) r State Aid Project 1..N'o. 27-E35-c4, S:ate Aid P_o_ect Na_ iS1-t}10-13 and State Aid Project No. 181-131-03 ; and WHEREAS' , the City has requested parti•vipa.tion by the State i_ the costs of the roadway improvement construction; and WH TRAS . the State i R wi 1 1 ing to participate in the costs of =he roadway improvrament construction and associated construction engineering; in an amount equal to $1, O13: 47 . 6O as hereinafter set forth, and Ter _ ag aem N' i _ € _ AMnl \ CSu,�� .i5 T '-r _r..+.7 -ti r-'ri .—�.t7t� f.l1 L i�r � � c:,.rcL- S u" t Q-?-4- ('r+ • tr1 WHEREAS, Minnesota Statutes Sec ion 161 .2 i0 . subdivision- 2 a-J hori zes �37 arrangements �-� e ommissi��rer of �rans��Transportation -..c make g e�rent s with and cr, cooperate with any governmental authority for the purposes of 03 rn constructing, maintaining and improving the trunk highway system_ 0 DRAFT 85013 IT IS, THEREFORE, MUTUALLY AGREED A3 FOLLOWS: ARTICLE I - INSTRUCTION BY THE CITY0 It] Section A. Contract Award and Construction w The City shall receive bids and award a construction contract to the LAA lowest responsible bidder, subject to concurrence by the State in that award, in accordance with State-aoproved City clans, specifications and soecial provisions designated. by the City as Litt' Project Po. 01-5543 and by the State as State Project No. 2745-29 (T.E. 212=1E7; , State Aid Project WO. 27-63 -04,, State Aid Project No. 181-0:0-13 and State Aid Project Mo. 181-101-03 . The contract construction shall be performed .n accordance with State-approved City plans, specifications and special Provisions that are on file in the office of the City' s Engineer, and are i.corpc_ated into this Agreement by reference. Section S. Documents to be Furnished to the State The City shall, within 7 days of opening bids for the construction contract, submit to the State's District Engineer at Roseville a copy of the low bid and an abstract of all bids together with the City s request for concurrence by the State in the award of the construction contract. The City shall not award the construction contract until the State advises :he City in writing of its concurrence therein. cn Section C. Rejection DE Bids The City may reject and. the State may require the City to reject any or all bids for the construction contract . The party rejecting or co requiring .he rejection cf bids m st oro-ride the other party written co notice of that reject-on or requirement for refection no later than 30 days after opening bids. Upon the rejection of all bids pursuant 0 to this section, a party may request, in writing, that the biiding process be repeated. Upon the other party's written approval of such 39a UKAM85013 re=lest , the City will repeat the biiding process in a reasonable period of time, without cost or expense to the State. 1 n.) csr Section D. Direction and Supervision of Construction The construct_ _= contract administration shall be under the direction I: c,J of the City and under the superv-ision cf a registered professional A engi nee r. Responsibility for the construct_c. surveying during the contract construc:ioci shall be on the City. The State shall perforr: all cor_struction insDecticn activities and be responsible for the materials testing requirements for the contract construction. All contract construction shall be performed in compliance with the approved plans , specifications and special provisions. The City , hall give the District Engineer or his authorized. representative 5 days notice of its intention to start the contract construction. Section. E. Completion of Construction The City shall cause the contract construction to be started and c-i completed in accordance with :he time schedule in the construction ' ` contract special provisions. The completion date for the contract - ITi construction nay- he extended, by an exchange of letters between the u1 Ill appropriate City official and the State District Engineer's T� ngi ricer s co authorized representative, for unavoidable delays encountered in the perfc•tutance thereof , • r 1 ci' qi i` DRAFT 85013 Section P. Plan Changes, Etc. All changes ,n the plane , saecifications and special provisions for the contract construction and all addenda, change orders a:d 0 sour plemental agreements entered into cy the City and its contractor for contract construction must be approved in writing by the State tLJ Ddstrict Engineer's authorized representa=ive. • Section G. Compliance with Laws, Ordinances and Eaculations The City and the State shall , in connection with the award and ad ainistration of the construction contras: and the performance of the contract construction, comply and :ause the C tyr s contractor to corny with all Federal, State and Local laws, and all applicable ordinances and regulat=oils . Section H. Right-of-Nay, Easements and Permits The City 'shall, without Yost or expense to the Stater obtain all r_gr:s-o_-way, easements, construction _•ermits and any other permits and sanatlons that may be required in connect ion with the contract construct_on. Prior to advance patent by the State, :he City shall furnish the State with certified copies cf the docu nen:s for those rights-of-way and easements , and certified copes cf those construe:ion permits and o:her nermirs and sanctians required for the contract construction. • Upon she City' s receipt of a fully executed copy of this Agreement, the City shall submit to the States Utility Engineer an original ITi permit appli ca:ioa for all City-awned utilities to be constructed u� hereunder that are upon and within the trunk highway right-of-way. o Applications for permits shall be made on State fora aApp1_ca.ion For U:ility Permit On. Trunk Highway Right-Of-Kay. (=citn T?2525; . lT� 35013 ARTICLE .I= - PAYMENT BY THE STATE T� The State shall advance tc the City, as the State' s fu11 and com.olete share of the costs of the roadway- improvement c onst ruct i cr andRi associated construction engineering to be performed crossing and add a cent to Trutt-c. Richway No. 212 on Bryant Lake Drive and Valley 'view Road within the corporate City limits -_rider State Project Sri No. 2745-2g (T.H. 212=187)- , a lump SIMI in the amount of $1, 013r ?t}. 6U . The Etate shall advance to the City the Lump sura amount after the following conditions have been wet: A. Bncu:uhrance by the State of the State's full and complete lump sum cost share. B. Receipt by the State from the City of certified dpouner__ati 'n for all pf the right-of-way and easement arquie.itzcn required for the contract construction, and the approval of that documentation_ by the Staters Land Management Director at St_ Paul. C. Execution and approval of this Agreement and the State's transmittal of it to the City. If execution and approval of this Agreement does not constitute concurrence by the State in the award of the construction contract . a letter advising the City of Cn the Staters concurrence in the award of the cons truc t ion contract + shall accompany the City' s c0D7 of this Agreement . m co D. Receipt by the State of a written reque s- from the Cite for the o� advancement of funds_ The request shall include certification by m the City that all necessary parties have executed the Et construction contract. 35013 ARTICLE III - CONSTRUCTION DOCUMENTS FL-1 t.LSHID BY THE CITE The City shall keep record and accounts that enable ;t to provide the State, when requested, with the follows_g: A. Copies of the City contractor ' s invoice(s; covering all contract rA corms:ruct ion. B. Copies of the endorsed and canceled City warrant (s) or ch' eel ,$) paving for final contract construction; or computer documentation of the warrant (s) issued, certified by an appropriate City official that final construction contract payment has been made. C_ Copies of all construction contract change orders and supplemental agreements . D. A. cext i ficarion form, provided by the Stater signed by the City' s Engineer in charge of the contract construction attesting to the following: 1 . sat i s f a c gory performance and completion of all contract construction in accordance with State-aaproved City plans, specifications and special provisions . • 2. Full payment by the City to its contractor for all contract construction. rJ 0-1 E. A co=v of the -gas built ' plan sent to the State ' s District ro T, Engineer . '-o . \ DRAFT 35013 JRT I CLE. nr - GENERAL PROVI SSI ONS -55 Section ?... Replacement of Castings The City shall furnish its contractor ,w;ith new castings and parts for a=l inplace City-owned facilities constructed hereunder when replacements are required,, without cost or expense tc the State. cri Section B. Maintenance by tha City Upon satisfactory completion of those portions of Bryant Lake Erive and Valley View Road which are under the jurisdiction of the City and are tc be constructed under the construction contract, the Ci t y shall orovide fcr the proper maintenance of those roadways and all of the facilities a part thereof, without cost or expense to the State . Maintenance shall include, but not be limited to, snow, ice and debris removal., resurfacing and seal coating and any other maintenance activities necessary to perpetuate those portions of the roadways in a safe and usable ccnditicn. Upon satisfactory completion of the storm sewer facilities construction to be performed within the corporate City limits under the construction contrac c , t e City shall trovide for the proper routine na.intenance of those facilities , without cost or expense cc the State . Routine maintenance Shall include, but not be limited to, removal of sediment, debris, vegetation and ice from structures, grates and p.pss . repair of minor erosion problems, and minor structure and pipe repair, and any of he r maintenance activities necessary to preserve the facilities and to prevent conditions such as flooding, erosion, sedimentation or accelerated deterioration of , o3 the facilities . 0 "Ti Upon satisfactory comnletion of the City-owned utilities construction w n be performed within the corporate City limits under the s 95 DRAFT E 501.1 construction contract, the City'shall provide for the proper zti raaintenar:ce of those utilities, without cost or expense tc the State. ,! 1 U on satisfactory conpleticn of the walkways construction to be performed within the corporate City limits under the construction contract, the City shall provide for the proper routine maintenance of the walkways , without cost or expense to the State_ Routine maintenance shall include, but not be limited to, snow, ice and debris remov-a l, pa t chine, crack repair, and any other mai nt enar_ce activities necessary to perpetuate the walkways in a safe and usable condition. Upon satisfactory completion of the bituminous trail construction to be performed adjacent to Bryant Lake Drive under the construction con_trac t, the City shall provide for the proper routine maintenance of the bituminous trail without cost or expense to the State . Routine maintenance shall include, but not be limited to, snow; ice and debris removal, latching, crack repair, inowing, trimming, signing, pavement marking, and any other maintenance activities necessary to perpetuate the bitun.ncus trail in a safe and usable cond.it i on , Section C . Additional Drainage }either party to this Agreement shall drain any additional drainage 11 into the storm sewer facilities to be constructed under the construction contract, that was not included in the drainage for P`' iT which the storm sewer facilities were designed, without first co ohtaininc perTissicn to do so from the other :arty,. The drainage areas served by the storm sewer facilities constructed under the -13 Instruction contract are shown in a drainage area map, EI12I7 '°Drainage Area", , H ich is DM file in the office of the State' s EIRAFT 85C13 District Hydraulics Engineer at Roseville and is incorcorated into ys this Agreement by reference. 41, ,! i Section D. Future Responsibilities LAI Upon satisfactory completion of, those portLone of Errant Lake Drive F-, and Valley 'View Road which are under he jurisdiction of the City aria r.• the City-owned utility and bituminous trail construction adjacent to Bryant lake Drive, to be performed under the construction contract, the City shall thereafter accept full and total responsibility and all obligations and liabilities arising ou= of or by reason of the user operation, maintenance, repair and reconstruction of those portions of Bryant Lake Drive and Valley View Road which are under the jurisdiction of the City and. =he aity-owned utilities and the bituminous trail adjacent to Bryant La.e Dri-ve and all of the facilities a part thereof constructed hereu:ider, without cost or expense to the State. Section E. Termination of . greeoent Each party may terminate this Agre ement r wit: or without cause, by providing the other party with written or fax notice of effective date of termination. The State is not obligated to pay for services performed after notice and effective date of termination. Upon such termination, the City is e-titled to payment for services satisfactorily performed under this Agreement prior to the effective 0-I date of termination. r,J The State nay immediately terminate ;his Agreement if it (Ines not o~1 obtain € ndlirg from the Minnesota Lecislature, or other funding T� co scarce ; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered -.tinder this Agreement . Termination oust be by written or fax notice to the City. The State is not obligated to pay for services performed after notice and IC DRAFT ason effective' date of term=ram,=icon_ upon s.lch termination, the City is entitled to payment for services satisfactorily performed under this Agreement prior to the effective date of termination, to the extent the funds are available. F-i GJ Section F. Examination of Books, Records, Ete. Cil ,7 As provided by Minnesota Statutes Section' 16C. 45, subdivision 3 , the books , records , docunsnts, and accoun.tinc procedures and practices of each party relevant to this Agreement are subject to examination by each party, and either the legislature a d_tor or the state auditor as appropriate, for a. mini.ror m of sip: years from final payment. Section G. Claims Each party is responsible for its own employees for any claims arising under the Workers Compensation Act. Each party is responsible for its own acts, o -=s_or_s and the results thereof to the extent' authorized by law and will not be responsible for the acts and omissions of others and the results thereof . Minnesota Statutes Section 3 .736 and other applicable law govern liability of the State , Minnesota Statutes Chapter 465 and other applicable law govern l i a.b it i ty. o f the City. Section B. Mondiscrtrination The provisions of Minnesota Statutes Section 1B1 . 59 and of any r.,n applicable law relating to civil rights and discrimination shall be cores5 red part of this Acreet ent as if fully set forth herein. �u CO Section I. Agreement Approval co Eefore this Agreement shall become binding and effective , it shall be approved by a City C©tnci1 resolution and receive approval of State ;s 113� and City officers as the law may provide in adaitior_ to the ,= Commissioner of Transportation or her authorized representative. DRAFT 8s j 13• • ARTICLE V - AUTHORIZED AGENTS The State's Authorized Agent for the purpose of the administration of this AAreeirent is Maryanne Kelly-Sonr_ek, l un_izipa.l Agreements Engineer, cr her successor. Her current address and phone number are 395 John Ireland Boulevard, Ma-lstop 582, St. Paul, MN 55155 , :6E1: 2 9E-39f9 . .• 0-1 The City's Authorized Agent for the purpose of she administration_ of this Agreement is Alan Gray, City Engineer, or his successor. His current address and =thoue nuTdoer are 8380 Mitchel: Road, Eden Prairie, MN 55344, r9.52) 949-9300. • IT' rJ uj cr LJ ,�' 1 DRAFT 85313 TEST I M NNY WHEREOF the parties have executed =hi.s Agreement by their trcrized affine_s . ,! Ra ATE ENCUMBRANCE VERIFICATION DEP3?RTMENT- OF TRANSPORTATLOU 0 W certit.es that funds'Save_ teen encumbered P_econnended for appraval: ret£a fired by Sta c_ § 1st. 3 S and 1SC_:75. F-s LAI Box tJl Eistrict 3acineer ,3 Ap coved: Le By Sate Des_ a Engineer PS Encumbrance No. Date TY OF EDEN PRAIRIE COMXI SSIONER OF ADMINIBTRATIQN As delegated to Nateria1s Nanaceme t D_Fisic mayor By to • Jat OFFICE OF THE ATTORNEY' GEUER.AL t A'Eror-Dd as to =aar{ .and ex$cukicoL: ' to E a.te LLD Ti OD • ITi Fes` 1?' i ? f'�deY7 rrfm -hit _ PRE-LETTING STATE OF MINNESOTA Mn/DOT ' SERVICES DEPARTMENT OF TRANSPORTATION AGREEMENT NO. SECTION COOPERATIVE CONSTRUCTION AGREEMENT 85013 S.P. 2745-29 (T.H. 212=187) S.A.P. 27-639-04 S.A.P. 181-010-13 S.A.P. 181-101-03 State Funds The State of Minnesota AMOUNT ENCUMBERED Department of Transportation, and The City of Eden Prairie $1, 002, 622.26 Re: State lump sum payment for roadway improvement construction by the City on T.H. 212 AMOUNT RECEIVABLE (None) • THIS AGREEMENT is made and entered into by and between the State of Minnesota, Department of Transportation, hereinafter referred to as the "State" and the City of Eden Prairie, Minnesota, acting by and through its City Council, hereinafter referred to as the "City" . • 85013 WHEREAS, the City is about to perform grading, bituminous surfacing, aggregate base, concrete curb and gutter, storm sewer, bituminous walk, retaining wall and traffic signal system construction and other associated construction crossing and adjacent to Trunk Highway No. 212 on Bryant Lake Drive and Valley View Road within the corporate City limits in accordance with City-prepared plans, specifications and special provisions designated by the City as City Project No. 01-5543 and by the State as State Project No. 2745-29 (T.H. 212=187) , State Aid Project No. 27-639-04, State Aid Project No. 181-010-13 and State Aid Project No. 181-101-03; and WHEREAS, the City has requested participation by the State in the costs of the roadway improvement construction; and WHEREAS, the State is willing to participate in the costs of the roadway improvement construction and associated construction surveying in an amount equal to $1, 002, 622 .26 as hereinafter set forth; and WHEREAS, the State will perform the contract administration, materials testing and inspection for all construction, however the City will inspect and test the City-owned watermain construction; and WHEREAS, Minnesota Statutes Section 161.20, subdivision 2 authorizes the Commissioner of Transportation to make arrangements with and cooperate with any governmental authority for the purposes of constructing, maintaining and improving the trunk highway system. 2 • 85013 IT IS, THEREFORE, MUTUALLY AGREED AS FOLLOWS: ARTICLE I - CONSTRUCTION BY THE CITY Section A. Contract Award and Construction The City shall receive bids and award a construction contract to the lowest responsible bidder, subject to concurrence by the State in that award, in accordance with State-approved City plans, specifications -and special provisions designated by the City as City Project No. 01-5543 and by the State as State Project No. 2745-29 (T.H. 212=187) , State Aid Project No. 27-639-04, State Aid Project No. 181-010-13 and State Aid Project No. 181-101-03 . The contract construction shall be performed in accordance with State-approved City plans, specifications and special provisions that are on file in the office of the City's Engineer, and are incorporated into this Agreement by reference. Section B. Documents to be Furnished to the State The City shall, within 7 days of opening bids' for the construction contract, submit to the State's District Engineer at Roseville a copy of the low bid and an abstract of all bids together with the City' s request for concurrence by the State in the award of the construction contract. The City shall not award the construction contract until the State advises the City in writing of its concurrence therein. Section C. Rejection of Bids The City may reject and the State may require the City to reject any or all bids for the construction contract. The party rejecting or requiring the rejection of bids must provide the other party written notice of that rejection or requirement for rejection no later than 30 days after opening bids. Upon the rejection of all bids pursuant to this section, a party may request, in writing, that the bidding process be repeated. Upon the other party's written approval of such 3 85013 request, the City will repeat the bidding process in a reasonable period of time, without cost or expense to the State. • Section D. Direction and Supervision of Construction The construction contract administration shall be performed by the State. The contract administration shall be under the direction of the City, and under the supervision of a registered professional engineer. Responsibility for the construction surveying during the contract construction shall be on the City. The State shall perform all construction inspection activities and be responsible for the materials testing requirements for the contract construction, except for the City-owned watermain, which will be the City' s responsibility. All contract construction shall be performed in compliance with the approved plans, specifications and special provisions. The City shall give the District Engineer or his authorized representative 5 days notice of its intention to start the contract construction. Section E. Completion of Construction • The City shall cause the contract construction to be started and completed in accordance with the time schedule in the construction contract special provisions . The completion date for the contract construction may be extended, by an exchange of letters between the appropriate City official and the State District Engineer's authorized representative, for unavoidable delays encountered in the performance thereof. 4 • 85013 Section F. Plan Changes, Etc. All changes in the plans, specifications and special provisions for the contract construction and all addenda, change orders and supplemental. agreements entered into by the City and its contractor for contract construction must be approved in writing by the State District Engineer's authorized representative. Section G. Compliance with Laws, Ordinances and Regulations The City and the State shall, in connection with the award and administration of the construction contract and the performance of • the contract construction, comply and cause the City's contractor to comply with all .Federal, State and Local laws, and all applicable ordinances and regulations. Section H. Right-of-Way, Easements and Permits The City shall, without cost or expense to the State, obtain all rights-of-way, easements, construction permits and any other permits and sanctions that may be required in connection with the contract construction. Prior to advance payment by the State, the City shall furnish the State with certified copies of the documents for those rights-of-way and easements, and certified copies of those construction permits and other permits and sanctions required for the contract construction. Upon the City's receipt of a fully executed copy of this Agreement, the City shall submit to the State's Utility Engineer an original permit application for all City-owned utilities to be constructed hereunder that are upon and within the trunk highway right-of-way. Applications for permits shall be made on State form "Application For Utility Permit On Trunk Highway Right-Of-Way" (Form TP2525) . 5 85013 ARTICLE II - PAYMENT BY THE STATE The State shall advance to the City, as the State' s full and complete share of the costs of the roadway improvement construction and associated construction surveying to be performed crossing and adjacent to Trunk Highway No. 212 on Bryant Lake Drive and Valley View Road within the corporate City limits under State Project No. 2745-29 (T.H. 212=187) , a lump, sum in the amount of $1, 002,622 .26. The State shall advance to the City the lump sum amount after the following conditions have been met: A. Encumbrance by the State of the State's full and complete lump sum cost share. B. Receipt by the State from the City of certified documentation for • all of the right-of-way and easement acquisition required for the contract construction, and the approval of that documentation by the State's Land Management Director at St. Paul. C. Execution and approval of this Agreement and the State's transmittal of it to the City. If execution and approval of this Agreement does not constitute concurrence by the State in the award of the construction contract, a letter advising the City of the State's concurrence in the award of the construction contract shall accompany the City' s copy of this Agreement. D. Receipt by the State of a written request from the City for the advancement of funds. The request shall include certification by the City that all necessary parties have executed the construction contract. 6 85013 ARTICLE III - CONSTRUCTION DOCUMENTS FURNISHED BY THE CITY The City shall keep records and accounts that enable it to provide the State, when requested, with the following: A. Copies of the City contractor' s invoice(s) covering all contract construction. B. Copies of the endorsed and canceled City warrant (s) or check(s) paying for final contract construction, or computer documentation of the warrant (s) issued, certified by an appropriate City official that final construction contract payment has been made. C. Copies of all construction contract change orders and supplemental agreements. D. A certification form, provided by the State, signed by the City' s Engineer in charge of the contract construction attesting to the following: 1. Satisfactory performance and completion of all contract construction in accordance with State-approved City plans, specifications and special provisions. 2 . Full payment by the City to its contractor for all contract construction. E. A copy of the "as built" plan sent to the State's District Engineer. 7 85013 ARTICLE IV - GENERAL PROVISIONS Section A. Replacement of Castings The City shall furnish its contractor with new castings and parts for all inplace City-owned facilities constructed hereunder when replacements are required, without cost or expense to the State. Section B. Maintenance by the City Upon satisfactory completion of those portions of Bryant Lake Drive and Valley View Road which are under the jurisdiction of the City and are to be constructed under the construction contract, the City shall provide for the proper maintenance of those roadways and all of the facilities a part thereof, without cost or expense to the State. Maintenance shall include, but not be limited to, snow, ice and debris removal, resurfacing and seal coating and any other maintenance activities necessary to perpetuate those portions of the roadways in a safe and usable condition. Upon satisfactory completion of the storm sewer facilities construction to be performed within the corporate City limits under the construction contract, the City shall provide for the proper routine maintenance of those facilities, without cost or expense to the State. Routine maintenance shall include, but not be limited to, removal of sediment, debris, vegetation and ice from structures, grates and pipes, repair of minor erosion problems, and minor structure and pipe repair, and any other maintenance activities necessary to preserve the facilities and to prevent conditions such as flooding, erosion, sedimentation or accelerated deterioration of the facilities . Upon satisfactory completion of the City-owned utilities construction to be performed within the corporate City limits under the 8 85013 construction contract, the City shall provide for the proper maintenance of those utilities, without cost or expense to the State. Upon satisfactory completion of the walkways construction to be performed within the corporate City limits under the construction contract, the City shall provide for the proper routine maintenance of the walkways, without cost or expense to the State. Routine maintenance shall include, but not be limited to, snow, ice and debris removal, patching, crack repair, and any other maintenance activities necessary to perpetuate the walkways in a safe and usable condition. Upon satisfactory completion of the bituminous trail construction to be performed adjacent to Bryant Lake Drive under the construction contract, the City shall provide for the proper routine maintenance of the bituminous trail without cost or expense to the State. Routine maintenance shall include, but not be limited to, snow, ice and debris removal, 'patching, crack repair, mowing, trimming, signing, pavement marking, and any other maintenance activities necessary to perpetuate the bituminous trail in a safe and usable condition. Section C. Additional Drainage Neither party to this Agreement shall drain any additional drainage into the storm sewer facilities to be constructed under the construction contract, that was not included in the drainage for which the storm sewer facilities were designed, without first obtaining permission to do so from the other party. The drainage areas served by the storm sewer facilities constructed under the • construction contract are shown in a drainage area map, EXHIBIT "Drainage Area" , which is on file in the office of the State's 9 85013 District Hydraulics Engineer at Roseville and is incorporated into this Agreement by reference. Section D. Future Responsibilities Upon satisfactory completion of, those portions of Bryant Lake Drive and Valley View Road which are under the jurisdiction of the City and the City-owned utility and bituminous trail construction adjacent to Bryant Lake Drive, to be performed under the construction contract, the City shall thereafter accept full and total responsibility and all obligations and liabilities arising out of or by reason of the use, operation, maintenance, repair and reconstruction of those portions of Bryant Lake Drive and Valley View Road which are under the jurisdiction of the City and the City-owned utilities and the bituminous trail adjacent• to Bryant Lake Drive and all of the facilities a part thereof constructed hereunder, without cost or expense to the State. Section E. Termination of Agreement Each party may terminate this Agreement, with or without cause, by providing the other party with written or fax notice of effective date of termination. The State is not obligated to pay for services performed after notice and effective date of termination. Upon such termination, the City is entitled to payment for services satisfactorily performed under this Agreement prior to the effective date of termination. The State may .immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered under this Agreement . Termination must be by written or fax notice to the City. The State is not obligated to pay for services performed after notice and 10 85013 effective date of termination. Upon such termination, the City is entitled to payment for services satisfactorily performed under this Agreement prior to the effective date of termination, to the extent the funds are available. Section F. Examination of Books, Records, Etc. As provided by Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices of each party relevant to this Agreement are subject to examination by each party, and either the legislative auditor or the state auditor as appropriate, for a minimum of six years from final payment. Section G. Claims Each party is responsible for its own employees for any claims arising under the Workers Compensation Act. Each party is responsible for its own acts, omissions and the results thereof to the extent authorized by law and will not be responsible for the acts and omissions of others and the results thereof. Minnesota Statutes Section 3 .736 and other applicable law govern liability of the State. Minnesota Statutes Chapter 466 and other applicable law govern liability of the City. Section H. Nondiscrimination The provisions of Minnesota Statutes Section 181.59 and of any applicable law relating to civil rights and discrimination shall be considered part of this Agreement as if fully set forth herein. Section I. Agreement Approval Before this Agreement shall become binding and effective, it shall be approved by a City Council resolution and receive approval of State and City officers as the law may provide in addition to the Commissioner of Transportation or her authorized representative. 11 85013 ARTICLE V - AUTHORIZED AGENTS The State's Authorized Agent for the purpose of the administration of this Agreement is Maryanne Kelly-Sonnek, Municipal Agreements Engineer, or her successor. Her current address and phone number are 395 •John Ireland Boulevard, Mailstop 682, St. Paul, MN 55155, (651) 296-0969. The City' s Authorized Agent for the purpose of the administration of this Agreement is Alan Gray, City Engineer, or his successor. His current address and phone number are 8080 Mitchell Road, Eden Prairie, MN 55344; (952) 949-8300. • 12 85013 IN TESTIMONY WHEREOF the parties have executed this Agreement by their authorized officers. STATE ENCUMBRANCE VERIFICATION DEPARTMENT OF TRANSPORTATION Individual certifies that funds have been encumbered Recommended for approval: as required by Minn. Stat. §§ 16A.15 and 16C.05. By By District Engineer Approved: Date By State Design Engineer MAPS Encumbrance No. Date CITY OF EDEN PRAIRIE COMMISSIONER OF ADMINISTRATION B Y As delegated to Materials Management Division Mayor By Date Date By OFFICE OF THE ATTORNEY GENERAL Title Approved as to form and execution: Date By Date • 13 CITY COUNCIL AGENDA DATE: SECTION: Public Hearing May 20,2003 DEPARTMENT: ITEM DESCRIPTION: Vacation 03-06 1'1'EM NO.: Engineering Vacation of Drainage and Utility Easements Dave Olson within the Plat of Storage Complex Q • A . (Published 05/01/03; Sent to 1 person) Requested Action Move to: 1. Close the public hearing and 2. Adopt the resolution vacating the drainage and utility easements over part of Lot 1, Block 1, Storage Complex further described in the vacation resolution. Synopsis Pemtom Land Company has requested this vacation to enable the incorporation and replatting of the area requested for vacation into the Williams Property project. The area will comprise right- of-way dedication and platted lots. Attachments Vacation Drawings • • /0, CITY OF EDEN PRAIRIE Ri HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. VACATION OF DRAINAGE AND UTILITY EASEMENTS IN THE PLAT OF STORAGE COMPLEX - VACATION 03-06 WHEREAS,the City of Eden Prairie has a certain drainage and utility easement described as follows: The drainage and utility easement as dedicated on Lot 1, Block 1, Storage Complex, according to the recorded plat thereof, Hennepin County, Minnesota, lying easterly, northeasterly and southeasterly of the following described line: Commencing at the northeast corner of said Lot 1; thence South 89 degrees 03 minutes 56 seconds West, assumed 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 35 minutes 03 seconds East, a distance of 52.69 feet; thence South 20 degrees 06 minutes 00 seconds East, a distance of 181.36 feet; thence southwesterly, along a non-tangential curve, concave to the southeast, having a radius of 348.08 feet, a central angle of 16 degrees 27 minutes 01 seconds, and an 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, a central angle of 07 degrees 18 minutes 22 seconds, and an arc distance of 47.22 feet to the westerly line of said Lot 1 and said line there terminating. WHEREAS, a public hearing was held on May 202003, after due notice was given to affected property owners and published in accordance with M.S.A. 412.851; and WHEREAS,it has been determined that the said drainage and utility easements are not necessary and has no interest to the public,therefore, should be vacated. NOW,THEREFORE,BE IT RESOLVED by the Eden Prairie City Council as follows: 1. Said drainage and utility easements as above described is hereby vacated. 2. The City Clerk shall prepare a notice of completion of proceedings in accordance with M.S.A. 412.851. ADOPTED by the Eden Prairie City Council on May 20, 2003. ATTEST: Nancy Tyra-Lukens,Mayor SEAL Kathleen A.Porta,City Clerk ........-.___ EA SEMEN T VA CA TION SKETCH 1--- ---f-- i 1 I ,., ...,,,,,. , c?, r` -sitt`J?° 2 0 z.,-, ;1% r +AI o • 2z -7-rC"� ✓ cn n L� 0 2�201 11:1 -4C! -- F _L_�, - 585.01 —t-. 0 0 A A O A '7T['/♦ n LJ/1 rr' 70.00 0 /-tL_ I L_.' L/I%l V L_ { _ __ 1 _r___ _____ 1 it• Iri •\ '\ v `,. I o - Ant Jt D S - 363QO - N - L , • --Co-- 778.00 c\r. ____ ; n }� NE corner, o v of Lot 1 I'-70.18 -� 340.00 -----1-----1--{S89°03'50"W 622.82 __ \ r- 84.99 O o, /-E'rly R/W line of U.S. Hwy. No. rr\; r f/' o o P, F .i 212 per Doc. No. 6526894 r r l to 00 ? o - ,. W'ly line of Lot 1 1,OP t.'�. r; '/ Jtit ,, w ; Q r t- ✓ it r4 5.00 --,-..- 1 I c 0(n I ✓)t,`g4. to l .r 4� oat o (4 to �r��� r`t'V ' ,..v, C11 • i+ 15.00 r J -j a i��✓ Drainage & Utility o Ln �O 41 �� do 4 Easement per Plot m o I �� I i 1 { / '01 O, lij I 70.20 - rr, N89°03'56"E 467.80 III , ' to — to 1 fr I 566a11 o0 i C o iyn, ' in GBDR5 N.399.94 i 0� "'0 l Cr) /...., Easement to.- J C.B.= N59°13'47 E�- o r be Vacated = 7°1822" m / to •370.32 L 47.22 155.00 V S89°03'56"Wl L.south line Drainage & Utility Easement Vacation { of Lot 1 Legal Description: The drainage and utility easement as dedicated on Lot 1, • Block 1, STORAGE COMPLEX, according to the recorded plot thereof, Hennepin County, Minnesota, lying easterly, northeasterly and southeasterly of the following described line: Commencing at the northeast corner of said Lot 1; thence South 89 degrees 03 minutes 56 seconds West, assumed 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 Scale: 1"= 80 feet be described; thence South 00 degrees 35 minutes 03 seconds Eost, a distance of 52.69 feet; thence South 20 degrees 06 minutes 00 seconds East, a distance of 181.36 REQUESTED BY: feet; thence southwesterly, along a non-tangential curve, concave to the southeast, having a radius of 348.08 feet feet, a central angle of 16 degrees 27 minutes 01 seconds, The Pemtom Land Company and on arc length of 99.94 feel, the chord of sold 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,J2 feet, a central angle of 07 degrees 18 minutes 22 seconds, and an arc distance 7 Westwood Professional Services, Inc. of 4722 feet to the westerly line of sold Lot I and said 7599 Anagram Drive line there terminating. Eden Prairie,MN 55344 It() Phone:952/937-5150 Fax:952/937-5822 CITY COUNCIL AGENDA DATE: 5/20/03 SECTION: Public Hearings DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Management and Budget/Planning -�� Donald R. Uram The Bluffs at Purgatory Creek Scott A. Kipp Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for Planned Unit Development Concept Review on 10.55 acres; and • Approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers and Zoning District Change from Rural to R1-22 on 10.55 acres; and • Adopt the Resolution for Preliminary Plat of 10.55 acres into 3 lots and 1 outlot; and • Direct Staff to prepare a Development Agreement incorporating Staff and Board recommendations and Council conditions. Synopsis This is for three single family lots. The project requires waivers relating to the use of a private drive rather than a public road. The tree replacement plan has been revised to meet the recommendations of the staff report. Community Planning Board Recommendation The Community Planning Board voted 8-0 to recommend approval of the project at its April 28, 2003 meeting. Background Information The following waivers are requested as part of the PUD: 1. Lots 1 and 2 without public road frontage. Code requires frontage on a public road. 2. Public road frontage of 39.5 feet for Lot 3. Code requires 90 feet in the R1-22 district. 3. Average lot width of 82 feet for Lot 2. Code requires 90 feet. 4. Average lot width of 68 feet for Lot 3. Code requires 90 feet. The development could meet City code if a public road were used rather than the private drive. However, this would result in higher tree loss and greater impervious surface as demonstrated in 1 LI City Council Public Hearings—Bluffs at Purgatory Creek May 20,2003 Page 2 the proponent's previous development proposal, and would remove the existing cul-de-sac on Center Drive that the existing residents desire to retain. Significant tree loss is 36%. The tree replacement plan has been revised to show 383 caliper inches as recommended in the staff report. A private drive will be extended into the project from the existing Center Drive cul-de-sac. This is supported by the existing abutting residents. Permanent road easements will be obtained at no cost from these property owners to reconstruct the cul-de-sac to City standards as part of the City's road improvement project in the area. Attachments 1. Resolution for PUD Concept 2. Resolution for Preliminary Plat 3. Community Planning Board minutes dated April 28,2003 4. Staff report dated April 25,2003 /O5 THE BLUFFS AT PURGATORY CREEK CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2003- A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF THE BLUFFS AT PURGATORY CREEK FOR O'CATARAIS,LLC WHEREAS,the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development(PUD) Concept of certain areas located within the City; and WHEREAS, the Community Planning Board did conduct a public hearing on April 28,2003 for The Bluffs at Purgatory Creek by O'Catarais,LLC 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 May 20, 2003. NOW,THEREFORE,BE IT RESOLVED by the City Council of Eden Prairie,Minnesota, as follows: 1. The Bluffs at Purgatory Creek, 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 May 16, 2003. 3. That the PUD Concept meets the recommendations of the Community Planning Board dated April 28, 2003. ADOPTED by the City Council of the City of Eden Prairie this 20th day of May, 2003. Nancy Tyra-Lukens, Mayor Kathleen A.Porta, City Clerk EXHIBIT A PUB Concept - The Bluffs at Purgatory Creek Lot 3,Block 1, Gray Fox Bluff,Hennepin County,Minnesota. '1HE BLUFFS AT PURGATORY CREEK CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2003- RESOLUTION APPROVING THE PRELIMINARY PLAT OF THE BLUFFS AT PURGATORY CREEK FOR O'CATARAIS,LLC BE IT RESOLVED,by the Eden Prairie City Council as follows: That the preliminary plat of The Bluffs at Purgatory Creek for O'Catarais,LLC,dated May 16,2003, and consisting of 10.55 acres into 3 lots and 1 outlot, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 20th day of May,2003. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen A. Porta, City Clerk og Planning Board Minutes April 28,2003 Page 3 B. THE BLUFFS AT PURGATORY CREEK by O'Catarais, LLC. Request for Planned Unit Development Concept Review on 10.55 acres, Planned Unit Development District Review with waivers on 10.55 acres, Zoning District Change from Rural to R1-22 on 10.55 acres, and Preliminary Plat of 10.55 acres into 3 lots and 1 outlot. Location: North of the terminous of Center Drive. John Helmer of O'Catarais LLC presented the project.He stated they have a revised plan that is better. They have changed the cul de sac to a private road and reduced the tree loss by 20%. Franzen stated the staff recommendation is for approval with one change. Initially staff had recommended dedication of Outlot A. The proponent has asked for a conservation easement over the Outlot A to preserve the trees and the wetland. Franzen said this is an acceptable alternative which accomplishes the objective to preserve a portion of the slopes,wetland buffers and trees. Nelson stated it looks reasonable and likes the fact that there is less tree loss. MOTION by Steppat, second by Nelson to close public hearing. Motion carried, 8-0. MOTION by Seymour, second by Sutherland, to approve the Planned Unit Development Concept Review on 10.55 acres, Planned Unit Development District Review with waivers on 10.55 acres, Zoning District Change from Rural to R1-22 on 10.55 acres, and Preliminary Plat of 10.55 acres into 3 lots and 1 outlot,based on plans dated April 25, 2003, subject to the recommendations of the staff report dated April 25,2003,to the City Council.Motion carried, 8-0. /07 STAFF REPORT TO: Community Planning Board THROUGH: Michael D.Franzen,City Planner FROM: Scott A. Kipp, Senior Planner DATE: April 25, 2003 SUBJECT: The Bluffs at Purgatory Creek PUD APPLICANT: O'Catarais,L.L.C. OWNER: Kathryn Slavens as Trustee of the John M. Anderson Revocable Living Trust Agreement dated October 22, 1997 LOCATION: North of the terminus of Center Drive REQUEST: 1. Planned Unit Development Concept Review on 10.55 acres. 2. Planned Unit Development District Review with waivers on 10.55 acres. 3. Zoning District Change from Rural to R1-22 on 10.55 acres. 4. Preliminary Plat of 10.55 acres into 3 lots, and one outlot. I /O Area Location Map: The Bluffs at Purgartory Creek ) / i 410k, 41‘‘it, . Michelle La'. Iall ■ 1& ø' Hallmark Dr. Alpine Tr. I *.ii i I 1 , ,_ _ ' 3 Edenvale Blvd. . tI,),-,',.-k-4,-i,:3 IL,A,_42-_ ,,-.,__ . 4d0i p:. 1.---��'�r=r.��i_"�- '"".fat.°=� - -_ - 1.-A-ftAVVia. 4i0lk* Ill Edgewood Ct. /Alpine:Way Center, .Q�. I * V 4‘/# t i ii.„,, A• I Hill'crest.Ct. I No Scal- �- /ll Staff Report—The Bluffs at Purgatory Creek PUD April 25, 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 RI- 22 abutting the property to the south. Purgatory Creek and its related floodplain are on the north, east and west sides of the property. This property is one of three Rural lots platted as Gray Fox Bluff in 2001 by the property owner to market for development. In March 2003, the Community Planning Board reviewed a project for this property submitted by the proponent for three single-family lots served by a public road meeting all City code requirements. Tree loss was 55%. The proponent included an alternate plan using a private drive rather than the public road that preserved more trees, reduced hard surface area, and provided better building pads. The Community Planning Board agreed with the proponent that the alternate plan would best serve the property. The Board closed the public hearing and advised the proponent to resubmit a new PUD proposal using the private drive alternative. PRELIMINARY PLAT The proposal is to rezone the 10.55 acre property from Rural to R1-22 and subdivide into three single-family lots and one outlot. The lots will be served by a private drive. Gross density for the project is 0.28 units per acre. Net density (less the Purgatory Creek floodplain)is 1.0 unit per acre, consistent with the adjacent development. All lots exceed the 22,000 square feet minimum lot size and lot dimensions required for the R1- 22 zoning district except as described in the PUD Waivers section. Proposed house pads meet the setback requirements of the R1-22 zoning district. PUD WAIVERS The following waivers are requested as part of the PUD, which are the direct result of using a private drive:. 1. Lots 1 and 2 without public road frontage. Code requires frontage on a public road. 2. Public road frontage of 39.5 feet for Lot 3. Code requires 90 feet in the R1-22 district. 3. Average lot width of 82 feet for Lot 2. Code requires 90 feet. 4. Average lot width of 68 feet for Lot 3. Code requires 90 feet. The development could meet City code if a public road were used rather than the private drive. However, this would result in higher tree loss and greater impervious surface as demonstrated in lI� Staff Report—The Bluffs at Purgatory Creek PUD April 25,2003 Page 3 the proponent's previous development proposal, and would remove the existing cul-de-sac on Center Drive that the existing residents desire to retain. In exchange for granting the waivers, staff recommends that Outlot A be dedicated to the City. SHORELAND CODE The property is in a Shoreland area since it is located within 300 feet of Purgatory Creek. The creek is classified as General Development Water. Lots within 150 feet of the creek are considered abutting lots and must meet the following requirements. • Minimum lot size— 13,500 square feet • Minimum lot width at building line- 120 feet • Minimum lot width at Ordinary High Water Level— 120 feet • Minimum setback from Ordinary High Water Level— 100 feet Lot 3 is considered an abutting lot and meets these requirements. Within a Shoreland area no development or alteration is permitted on a bluff which is a slope that averages 30% or greater. A small portion of bluff exists on the east side of the property and will not be impacted by development. Some limited tree replacement planting is proposed. The shore impact zone is located within 75 feet of the ordinary high water level of the creek. No development or alteration is allowed within this zone. No alteration is proposed. WETLANDS The floodplain for Purgatory Creek is also considered wetland. No wetland impact is proposed. A wetland delineation was originally conducted in 1997. This delineated area was placed in a conservation easement for this property as part of the Gray Fox Bluff plat approval in 2001. The wetland delineation will need to be verified by the Watershed District prior to grading and/or release of the final plat for the project. GRADING AND TREE LOSS There are 2,252 diameter inches of significant trees on the property with 800 diameter inches of tree loss, or 36% according to the City Forester. Tree replacement is 383 caliper inches. The tree replacement plan shows 282 caliper inches and will need to be revised prior to City Council review. ROADS AND UTILITIES A private drive will be extended into the project from the existing Center Drive cul-de-sac. This is supported by the existing abutting residents. Permanent road easements will be obtained at no 113 Staff Report—The Bluffs at Purgatory Creek PUD April 25,2003 Page 4 cost from these property owners to reconstruct the cul-de-sac to City standards as part of the City's road improvement project in the area. The project will be served with sewer and water from Center Drive. Storm water will be handled with the use of a storm scepter prior to discharge to Purgatory Creek. CONCLUSION The use of a private drive for the project is consistent with the Community Planning Board's March 2003 recommendation. While waivers are necessary to address the private drive, the plan preserves more trees, reduces hard surface area, provides better building pads, and is supported by the abutting property owners. STAFF RECOMMENDATION Recommend approval of the following request: • Planned Unit Development Concept Review on 10.55 acres. • Planned Unit Development District Review with waivers on 10.55 acres. • Zoning District Change from Rural to R1-22 on 10.55 acres. • Preliminary Plat of 10.55 acres into 3 lots and one outlot. This is based on plans dated April 25, 2003, the staff report dated April 25, 2003, and the following conditions: 1. Prior to City Council review, the proponent shall revise the tree replacement plan to show a total of 383 caliper inches of tree replacement. 2. 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. Provide a driveway easement for reciprocal,joint access and maintenance which will be recorded on the property. C. Dedicate Outlot A to the City. 3. 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 Staff Report—The Bluffs at Purgatory Creek PUD April 25,2003 Page 5 development. Said fencing shall be field inspected by the City Forester prior to any grading. 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. 4. 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. Provide evidence that the driveway easement for reciprocal, joint access and maintenance has been recorded on the property. C. Pay the Cash Park Fee. 5. The following waivers have been granted through the PUD: A. Lots 1 and 2 without public road frontage. Code requires frontage on a public road. B. Public road frontage of 39.5 feet for Lot 3. Code requires 90 feet in the R1-22 district. C. Average lot width of 82 feet for Lot 2. Code requires 90 feet. D. Average lot width of 68 feet for Lot 3. Code requires 90 feet. lLS CITY COUNCIL AGENDA DATE: 05/20/03 SECTION: Public Hearings DEPARTMENT/DIVISION: Management and Budget/Planning ITEM DESCRIPTION: ITEM NO.: Donald R.Uram Danette M. Moore Prairie Centre Town Office Park , Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for Planned Unit Development Concept Review on 1.8 acres; and • Approve the 1st Reading of the Ordinance for Planned Unit Development District Review with waivers and Zoning District change from Rural to Office on 1.8 acres; and • Adopt the Resolution for Preliminary Plat of 1.8 acres into one lot; and • Direct Staff to prepare a Developer's Agreement incorporating Staff and Board recommendations and Council conditions. Synopsis This project is for seven town office units located at Aztec Drive, south of Anderson Lakes Parkway. A front yard setback waiver to parking is required. Community Planning Board Recommendation The Community Planning Board voted 8-0 to recommend approval of the project to the City Council at the April 28, 2003, meeting. Background Information This site is an outlot of the Aztec Town Office Park project,which was approved in 2002. At that time the guide plan for this site was changed from Neighborhood Commercial to Office. In order to create an appropriate transition to the residential development to the east, a front setback waiver to parking will be needed from 35 feet to 17.5 feet. This waiver will provide added area for an increased berm height and additional space for plantings. Attachments 1. Resolution for PUD Concept Review 2. Resolution for Preliminary Plat 3. Community Planning Board minutes dated April 28, 2003 4. Staff Report dated April 25, 2003 / /6 PRAIRIE CENTRE TOWN OFFICE PARK • CITY OF EDEN PRAIRIE HENNEPIN COUNTY,NIINNESOTA RESOLUTION NO.2003- A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF PRAIRIE CENTRE TOWN OFFICE PARK FOR F&D HOLDINGS,LLC WHEREAS,the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development(PUD)Concept of certain areas located within the City; and WHEREAS, the Community Planning Board did conduct a public hearing on April 28,2003,for the Prairie Centre Town Office Park by F&D Holdings,LLC 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 May 20, 2003. NOW,THEREFORE,BE IT RESOLVED by the City Council of Eden Prairie,Minnesota, as follows: 1. Prairie Centre Town Office Park, being in Hennepin County, Minnesota, legally described as outlined in Exhibit A, is attached hereto and made a part hereof. 2. That the City Council does grant PUD Concept approval as outlined in the plans dated April 15,2003. 3. That the PUD Concept meets the recommendations of the Community Planning Board dated April 28,2003. ADOPTED by the City Council of the City of Eden Prairie this 20th day of May,2003. Nancy Tyra-Lukens,Mayor Kathleen A.Porta, City Clerk it7 EXHIBIT A PUD Concept- Outlot A, Aztec Town Office Park, Hennepin County, Minnesota If PRAIRIE CENTRE TOWN OFFICE PARK CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2003- RESOLUTION APPROVING THE PRELIMINARY PLAT OF PRAIRIE CENTRE TOWN OFFICE PARK FOR F&D HOLDINGS,LLC BE IT RESOLVED,by the Eden Prairie City Council as follows: That the preliminary plat of Prairie Centre Town Office Park for F&D Holdings,LLC,dated April 15,2003,and consisting of 1.8 acres into 1 lot, a copy of which is on file at the City Hall,is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 20th day of May,2003. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen A. Porta, City Clerk I l ' Planning Board Minutes April 28,2003 Page 4 C. PRAIRIE CENTRE TOWN OFFICE PARK by F&D Holdings, LLC. Request for Planned Unit Development Concept Review on 1.8 acres, Planned Unit Development District Review on 1.8 acres, Zoning District Change from Rural to Office on 1.8 acres, Site Plan Review on 1.8 acres, and Preliminary Plat of 1.8 acres into 1 lot. Location: Aztec Drive, south of Anderson Lakes Parkway. Tom Dunsmore of F & D Holdings, LLC presented the project. He stated they developed property to the west and this site is the remaining undeveloped portion of the site. Franzen stated when the first phase was reviewed the lane was guided neighborhood commercial. The Planning Board and City Council felt Office was an appropriate use in that location and changed the Comprehensive Guide Plan for the first phase and second phase. Part of the transition called for berming and plant materials. In order to provide adequate buffering, the berm needed to be quite high. For the second phase the staff recommends a waiver for parking setback which would allow more separation between the office building and the property line. This phase will include the same number and size of conifer trees as in phase one. Staff is recommending approval according to the recommendations on pages 3 and 4 of the staff report. Bonnie Berndt of 8514 Darnel Roadstated she was not opposed to the development plan as a whole. Her concerns included construction work activity, silt fences and location of the dumpster. She said the silt fence on the back of the berm was never removed and because of erosion of the berm, the fence is breaking up. She said to the south of the development construction hours aren't observed; they are often beginning work at 5:00 p.m. and going until the early morning hours. The Williams Place development will add to these noise problems. She stated the dumpster area is a mess with trash thrown in the fenced area which ends up blowing into residents' lawns. These issues need to be addressed before further development of the office park occurs. Nelson asked about the fascia of the buildings and whether it would be different than the first phase. Dunsmore responded it would not be the same as the first phase. She asked what is going to happen to the berm and what plans there are to landscape the berm. Dunsmore responded that he believes they need to seed the berm which should have been done by now and he will check on it and make sure the work is finished. Nelson asked about the work times. Dunsmore responded that they had received calls complaining about this, checked on it and he thought it may have been the auto body repair shop that was making a lot of noise. Nelson stated you do have stated hours in your contract. Dunsmore responded he will make sure the hours are enforced. /DO Planning Board Minutes April 28,2003 Page 5 Nelson asked about the difference between the two phases — other than looks or landscaping. Do the two pieces go together. Dunsmore responded that when the first phase was completed there was concern about the architectural appeal from the road and we tried to address that in the second phase. Stoelting asked where the dumpster was located. Dunsmore responded by showing it where it's located on the plans. Stoelting asked if there was an enclosure around the dumpster. Dunsmore responded there is a concrete wall with brick around it. Stoelting stated that this development is very close to neighborhoods and he asked staff to address what can be done about the trash enclosure. Franzen responded there can be a different type of dumpster with a closing mechanism or the dumpster can be moved to another location. They could also put a roof on it to prevent escape of trash. Franzen stated that in regard to the berm and silt fence the City is holding a letter of credit to ensure seeding, implementation of the berm and landscape completion. Until all of the required elements are completed the City will hold the letter of credit. Foote asked about the construction hours and what the code states. Franzen responded the hours are 7:00 a.m. to 7:00 p.m. He said sometimes contractors will do interior work at night. If there are problems, people generally contact the Police Department. Foote asked what kind of enforcement the Police Department can do in these kinds of situations. Franzen responded the police can request a stop work order from the Building Department. The response from contractors is often that they are unaware of the hours. Steppat asked what kind of separation there will be between the parking lot and the daycare. Will there be a fence? Dunsmore responded there won't be a fence. Steppat expressed concern about the daycare kids walking across the parking lot. Sodt stated he understands the reason for the waiver. He asked what the City is giving up by reducingthe parking setback. Franzen replied the parking lot won't be screened as effectively but since there is commercial activity on both sides of the street no residents are impaced by views of the parking. Brooks said he has heard positive comments from commercial owners in that area. He asked Dunsmore how many units there were in phase I, how many have sold and the price. Dunsmore responded there were 21 units in phase one with the up and down units selling for$115 - 120 per square foot. The slabs sold for$167- 170 per square foot. Brooks asked how the prices compare to phase II and whether all the units have been sold. Dunsmore responded prices will be $10 per square foot higher on the slabs and they have all been sold. Sodt moved to close the public hearing, second by Steppat. Motion carried, 8-0. /DA Planning Board Minutes April 28,2003 Page 6 MOTION by Brooks, second by Seymour, to approve the Planned Unit Development Concept Review on 1.8 acres, Planned Unit Development District Review on 1.8 acres, Zoning District Change from Rural to Office on 1.8 acres, Site Plan Review on 1.8 acres, and Preliminary Plat of 1.8 acres into 1 lot,based on plans dated April 15, 2003, subject to the recommendations of the staff report dated April 25, 2003, to the City Council, and that staff address the dumpster issue, fencing,construction hours and the berm.Motion carried,8-0. STAFF REPORT TO: Community Planning Board FROM: Danette M. Moore,Planner DATE: April 25, 2003 SUBJECT: Prairie Centre Town Office Park APPLICANT/ F&D Holdings, LLC OWNER: LOCATION: Aztec Drive, south of Anderson Lakes Parkway REQUEST: 1. Planned Unit Development Concept Review on 1.8 acres 2. Planned Unit Development District Review on 1.8 acres 3. Zoning District Change from Rural to Office on 1.8 acres 4. Site Plan Review on 1.8 acres 5. Preliminary Plat of 1.8 acres into 1 lot 1,)3 Area Location Map: Prairie Centre Town Office Park Aztec Drive - South of Anderson Lakes Parkway ‘1 1--___ i 0 i 411.1A Ail -„,...,„,,,,_, A IIir/ Tussock Court *, • \ A App. . f / N--- I ,'''.'' ' kla Anderson Lakes Parkway ---------------1 467— Fescue Court 1 1 :Z,::I;1;'':iliP ' Iter iii 0 iwk * 1', ,......„,, :4„.:,„,„.... is . „,„.„;,,,!,„„„ ' ,,,,.._ ,,_, _ . Darnel Road I • ,, ,z__ Cock Spur Court 4/\ -.) Aztec Drive I 1 1 i Flying Cloud.Drive/US,212 E.) , Darnel Road 1\--44k1 • N il.....imm....--- 1 . No Scale Staff Report—Prairie Centre Town Office Park April 25,2003 BACKGROUND This site is an outlot of the Aztec Town Office Park project,which was approved in 2002. At that time no specific plan was approved for this future office site,however,the guide plan was changed from Neighborhood Commercial to Office. Surrounding land uses consist of commercial to the north and west, the first phase of office to the south, and residential to the east. The 1.8 acre site is zoned Rural and will need to be rezoned to Office. SITE PLAN The plan shows two town office buildings,one with three and one with four units. The single-story units are 1,500 square feet. The units that also include a mezzanine level are 2,400 square feet. The total square footage of the units arel 1,772 sq. ft. The maximum base area ratio allowed in the Office zoning district is 30%and 50%for floor area ratio. The proposed project base area ratio is 14% and floor area ratio is 15%. The plan meets City Code parking requirements by providing 59 spaces. PLANNED UNIT DEVELOPMENT WAIVER The Developer requests a waiver from the City Code for the front yard setback from 35 feet to 17.5. This would allow the parking lot to be closer to Aztec Drive and provide an increased area for transition from the adjacent residential neighborhood to the east. TRANSITION The site plan review section of the City Code requires a transition when there are differences in land use, building mass, height, or densities. In order to create an appropriate transition from the residential development to the east,a front setback waiver will be needed from 35 feet to 17.5 feet. This waiver will allow added area for an increased berm height and provide additional space for plantings. In addition, the proposed grading plan shows the berm at an elevation of 876 to 884. LANDSCAPE PLAN The landscaping caliper inch requirement based on gross building size is 37 caliper inches. The landscaping plan provides caliper inch ranges, however, will need to be revised to show specific sizes. A minimum of 8-10 foot conifer trees and 3 caliper inch deciduous trees will be required. All trees shall be consistent in size to those incorporated in the first phase of the project. 2 Staff Report—Prairie Centre Town Office Park April 25,2003 ARCHITECTURE The proposed structures are 20 feet and 8 inches in height. The maximum allowed office height is 30 feet. The exterior materials meet the City Code requirement of 75%face brick,glass,or natural stone. UTILITIES AND DRAINAGE Storm water will be treated onsite to NURP standards. Utilities are available from Aztec Drive. SITE LIGHTING All site lighting shall be restricted to downcast cut-off shoebox fixtures not to exceed 20 feet in height. PEDESTRIAN SYSTEM The five-foot concrete sidewalk along Aztec Drive that was constructed in the first phase will be continued with this project. TRAFFIC The existing roads,intersections,and area traffic signals are designed to accommodate the proposed project. A Travel Demand Management(TDM)has been submitted,but needs some revisions to indicate the Developer's initial responsibility to implement the plan that will eventually be passed onto the Owner's Association. A budget for the letter of credit that is eventually submitted to the city is also necessary to complete the TDM Plan. STAFF RECOMMENDATION Staff recommends approval of the following request: • Planned Unit Development Concept Review on 1.8 acres • Planned Unit Development District Review on 1.8 acres • Zoning District Change from Rural to Office on 1.8 acres • Site Plan Review on 1.8 acres • Preliminary Plat of 1.8 acres into 1 lot 3 Staff Report—Prairie Centre Town Office Park April 25,2003 This would be based on plans dated April 15,2003,this staff report,and the following conditions: 1. Prior to City Council review,proponent shall: A. Complete the TDM plan to meet all requirements, including the budget and the Developer's responsibility for implementation. 2. Prior to grading permit issuance,the proponent shall: A. Install erosion control and tree protection fencing at the grading limits of the property for review and approval by the City Engineer and City Forester. B. Submit detailed storm water runoff,utility and erosion control plans for review by the City Engineer and Watershed District. 3. Prior to building permit issuance,the proponent shall: A. Review the building plans with the Fire Marshal,including details regarding fire access to the site. B. Submit a landscaping bond in accordance with City Code. C. Submit a letter of credit in accordance with the TDM Plan. D. Pay the cash park fee. 4. The following waiver is granted as part of the PUD: • Front yard setback from 35 feet to 17.5 feet. 4 /X' CITY COUNCIL AGENDA DATE: 5/20/03 SECTION: Public Hearings DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Management and Budget/Planning Donald R.Uram William A. Small Property Scott A. Kipp Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for Planned Unit Development Concept Review on 5 acres; and • Direct staff to prepare a Development Agreement incorporating Staff and Board recommendations and Council conditions. Synopsis This is for a Planned Unit Development concept for 9 single family lots located at the southwest corner of Eden Prairie Road and Beverly Drive. Community Planning Board Recommendation The Community Planning Board voted 9-0 to recommend approval of the project at its April 14, 2003 meeting. Background Information This site is part of the Cedar Hills West subdivision approved in 1979 consisting of ten, five-acre Rural lots served by existing well and septic systems. There is no City sewer and water serving this site or surrounding property. There are no plans or feasibility study underway for serving the area with City sewer and water . The earliest these services could be available is 2005. The PUD concept plan shows the future development of nine single-family lots served by a new public road. Density for the site is 1.8 units per acre, consistent with the Low Density Residential guiding for the area. The concept anticipates a rezoning of the property to R1-13.5 when City sewer and water is available. All lots and structure setbacks are shown to be consistent with City code for this future zoning district. No direct access to Beverly Drive or Eden Prairie Road will be permitted. Tree loss is 61 diameter inches, or 49%. The tree replacement plan shows the required 101 caliper inches of tree replacement. An updated tree inventory will be necessary at the time of rezoning. This proposal is for PUD Concept approval only. Any future development will require City sewer and water, and rezoning of the property based on review and approval of detailed I City Council Public Hearing—William A. Small Property May 20,2003 Page 2 development plans by the Community Planning Board and City Council through a public hearing process. Attachments 1. Resolution for PUD Concept 2. Community Planning Board minutes dated April 14, 2003 3. Staff report dated April 11,2003 WILLIAM A.SMALL PROPERTY CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2003- A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF WILLIAM A. SMALL PROPERTY FOR THE 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 April 14,2003 for William A.Small Property by The 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 May 20,2003. NOW,THEREFORE,BE IT RESOLVED by the City Council of Eden Prairie,Minnesota, as follows: 1. William A.Small Property,being in Hennepin County,Minnesota,legally described as outlined in Exhibit A,is attached hereto and made a part hereof. 2. That the City Council does grant PUD Concept approval as outlined in the plans dated April 10,2003. 3. That the PUD Concept meets the recommendations of the Community Planning Board dated April 14,2003. ADOPTED by the City Council of the City of Eden Prairie this 20th day of May,2003. Nancy Tyra-Lukens,Mayor Kathleen A.Porta, City Clerk !3O EXHIBIT A PUD Concept- William A. Small Property Lot 4,Block 2, CEDAR HILLS WEST, according to the recorded plat thereof, Hennepin County, Minnesota. CITY COUNCIL AGENDA DATE: May 20,2003 SECTION: Public Hearing SERVICE AREA/DIVISION: ITEM DESCRIPTION: I.C.98-5471 HEM NO.: Engineering Services Special Assessment Hearing for the Hillcrest! r Jim Richardson Alpine Neighborhood (Published 05/01/03) Y�- Requested Action Move to: Close the public hearing and adopt resolution approving final assessments . for street and utility improvements in the Hillcrest/Alpine Neighborhood (98-5471) Synopsis This hearing will be to assess the street and storm sewer costs and to gauge the potential objections in advance of awarding the construction contract for the project(later in agenda). The amounts to be assessed are in accordance with the feasibility study. Background Information • The preliminary hearing for this project was held August 20, 2002. The estimated assessment presented at the hearing was $7,050.60 per unit. Based on bids received March 6, 2003, the proposed assessment is $5,936.00 per unit. The proposed assessments represent 40 percent of the cost for street construction and storm sewer improvements. This hearing will allow Council to gauge the extent of possible objections to the amount of special assessments prior to award of the construction contract. This process reduces the risk associated with assessment appeals. CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. WHEREAS,pursuant to proper notice duly given as required by law,the City Council has met and heard and passed upon all objections in the proposed assessments for the following improvements to• wit: (See Exhibit A attached) NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Eden Prairie: 1. Such proposed assessments are hereby accepted and shall constitute the special assessment against the lands in the final assessment rolls, and each tract of land therein included is hereby found to be benefited by the improvement in the amount of the assessment levied against it. ; • 2. Such assessment shall be payable in equal annual installments extending over a period of years as shown on Exhibit A. Installments shall bear interest at the rates shown on Exhibit A, except no interest shall be charged if the entire assessment is paid on or before November 30,2003. To the first installment shall be added interest on the entire assessment from May 1, 2003 until December 31, 2004. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County, and such assessments shall be collected and paid over in the same manner as other municipal taxes beginning in 2004. 4. It is hereby declared to be the intention of the Council to reimburse itself in the future for the portion of the cost of this improvement paid for from municipal funds by levying additional assessments, on notice and hearings as provided for the assessments being made, upon any properties abutting on the improvements but not herein assessed for the improvement when changed conditions relating to such properties make such assessment feasible. 5. The assessment date of Resolution No. 03-72 is herein revised in accordance with Exhibit A attached hereto. APPROVED on May 20,2003. • Nancy Tyra-Lukens,Mayor ATTEST: SEAL Kathleen A.Porta, City Clerk 133 EXHIBIT A 1. I.C. 98-5471 Street and Storm Sewer improvements on Hdlcrest/Alpine Project Cost: $1,445,658.00 Streets in Alpine Estates,Hillcrest Court,Hillcrest Courts 2nd Previously Assessed: and 3'1 Additions City Share: $825,332.00 County Share: Net Assessment: $620,326.00 20 Years at 6.25% Streets $5,936.00/L.U. Parcel PID# Property Owner Deferred 2008$Amount 2004 $Amount $Amount 08-116-22-11-0015 Rodney Christopher 5,936.00 08-116-22-11-0016 Henry Conor 5,936.00 08-116-22-11-0017 Donald Bloyer Jr 5,936.00 08-116-22-11-0018 Michael/Carol Bristow 5,936.00 08-116-22-11-0019 Stephen/Susan Erickson 5,936.00 08-116-22-11-0020 Thomas/Judith Atkinson 5,936.00 08-116-22-11-0021 Dennis Wildermuth 5,936.00 08-116-22-11-0022 Ademar 0 Des Lauriers Jr 5,936.00 08-116-22-11-0023 Timothy Srdar' 5,936.00 08-116-22-11-0024 Chester Sleva 5,936.00 08-116-22-11-0025 Allan Parker 5,936.00 08-116-22-11-0026 Edward Plass 5,936.00 08-116-22-11-0027 Donald Isensee 5,936.00 09-116-22-22-0013 Lawrence Nicpon 5,936.00 09-116-22-22-0014 Joanne Hofstrand 5,936.00 09-116-22-22-0015 F.S. Schaff/R.M. Johnson 5,936.00 09-116-22-22-0016 David/Susan Jensen 5,936.00 09-116-22-22-0017 John/Kari Benjamin 5,936.00 09-116-22-22-0018 Gerald Johnson 5,936.00 09-116-22-22-0019 Robert Listiak 5,936.00 09-116-22-22-0020 James/Janet Mouse! 5,936.00 09-116-22-22-0021 Michael Sandness 5,936.00 09-116-22-22-0022 Elizabeth Command 5,936.00 09-116-22-22-0023 Barton Jenkins 5,936.00 13L1 ferred Parcel PID# Property Owner SDAmaunt 2008.$Amount 2004 SAmount 09-116-22-21-0020 Paul/Corrina Conley 5,936.00 09-116-22-21-0021 Werner Schulze 5,936.00 09-116-22-21-0022 David Svobodny 5,936.00 09-116-22-21-0023 W.J. Dale 5,936.00 09-116-22-22-0009 Loren Bakken • 5,936.00 09-116-22-22-0010 Paul Mikelson 5,936.00 09-116-22-22-0011 Forrest/Joan Meyer • 5,936.00 09-116-22-22 0012 David/Lynne Shonts 5,936.00 09-116-22-22-0008 Sharon McGeen 5,936.00 09-116-22-22-0007 Glen/Pansy Brodt 5,936.00 09-116-22-22-0006 Sher A.Azizi 5,936.00 09-116-22-22-0005 K.H.Vohs 5,936.00 09-116-22-22-0004 Jacquelyn Armstrong 5,936.00 09-116-22-22-0003 Ralph Hoffmann 5,936.00 09-116-22-22-0002 Dominic Louwagie 5,936.00 08-116-22-11-0062 Larry/Leila Rovang 5,936.00 08-116-22-11-0061 Stephen Reichow 5,936.00 08-116-22-11-0059 Thomas/Linda Herzog 5,936.00 08-116-22-11-0058 Thuy Trieu 5,936.00 05-116-22-44-0007 J.E> Bogrand 5,936.00 05-116-22-44-0008 Allen/Leslie Bode 5,936.00 05-116-22 11 0009 Paul Nelson 5,936.00 05-116-221'I 0010 David Borden 5,936.00 05-116-22-44-0011 Christopher Zetting 5,936.00 05-116-2211 0012 Jerald Prodoehl 5,936.00 05-116-22-44-0006 Dennis McKay 8,904.00 05-116-22-44-0005 Terry/Nancy McCormick 8,904.00 05-116-22-44-0004 Norbert Gemes . 8,904.00 05-116-22-44-0003 Norbert Gemes 5,936.00 05-115-22-44-0013 M.E. Lane, Jr 5,936.00 05-116-22-44-0014 Suzzann Bergenbring 5,936.00 05-116-22-44-0015 Robert/Sheryl Kadlec 5,936.00 . .1 , I Parcel PID# Property Owner Deferred$Amount 2008 SAmount 2004 SAmount ! 05-116-22-44-0016 Princess J. Myers 5,936.00 05-116-2214 0017 Mildred Schmidt 5,936.00 05-116-2211 0018 Luella Kendall 5,936.00 05-116-2214 0019 Glen Stoever 5,936.00 08-116-22-11-0039 Chester Seviola 5,936.00 08-116-22-11-0038 Richard/Sally Bowles 5,936.00 08-116-22-11-0037 James Dobchuk 5,936.00 08-116-22-11-0036 David Quanbeck 5,936.00 08-116-22-11-0035 Norman Woodard 5,936.00 08-116-22-11-0034 Clifford/Judy Siegel 5,936.00 08-116-22-11-0033 Michael/Debra Bielefeldt 5,936.00 08-116-22-11-0032 Scott Imhoff 5,936.00 08-116-22-11-0031 Wallace MacDonald 5,936.00 08-116-22-11-0029 Tracy Paulson 5,936.00 08-116-22-11-0030 Catalin/Daniela Petrescu 5,936.00 08-116-22-11-0057 Paul/Mary Walentiny 5,936.00 08-116-22-11-0056 Tood/Cindy Smith 5,936.00 08-116-22-11-0055 Joseph Lupo . 5,936.00 08-116-22-11-0054 Barney Uhlig 5,936.00 08-116-22-11-0053 James Tucker 5,936.00 08-116-22-11-0052 Gary Reider 5,936.00 08-116-22-11-0051 James/Carolyn Crisp 5,936.00 08-116-22-11-0050 John Carstens 5,936.00 08-116-22-11-0049 WarrenBranda Randolph 5,936.00 08-116-22-11-0048 Thomas Braun 5,936.00 08-116-22-11-0047 Craing/Jane Pixley 5,936.00 08-116-22-11-0046 Charles Selander 5,936.00 08-116-22-11-0045 Steven/Laura Jester 5,936.00 08-116-22-11-0011 Brian Tsuchiya 5,936.00 08-116-22-11-0043 E.A. Rustad 5,936.00 08-116-22-11-0042 Michael/Sharon Lundgren 5,936.00 08-116-22-11-0040 Clark/Dorothy Ewert 5,936.00 ' 3 Deferred Parcel PID# Property Owner SAmount 2008 SAmount 2004 SAmmmt 08-116-22-11-0041 Dennis Peterson 5,936.00 08-116-22-11-0001 Patricia Martin 5,936.00 08-116-22-11-0002 Robert High Johnson 5,936.00 08-116-22-11-0003 Glen/Linda Hayen 5,936.00 08-116-22-11-0004 Dougles Lawyer 5,936.00 08-116-22-11-0005 Gerald Springer 5,936.00 08-116-22-11-0006 Marvin Miller 5,936.00 08-116-22-11-0007 Thomas/Barbara Kuhlman 5,936.00 08-116-22-11-0008 Carol/Carl Coonce 5,936.00 08-116-22-11-0009 Tim/Donna Fahs 5,936.00 08-116-22-11-0010 James/Marilyn Meyer 5,936.00 08-116-22-11-0011 Scott/Kathleen Hagstrom 5,936.00 08-116-22-11-0012 Steven/Sarah Nelson 5,936.00 08-116-22-11-0013 Esther/Kenneth Noel 5,936.00 08-116-22-11-0014 Joel/Mary Stemke 5,936.00 f CITY COUNCIL.AGENDA DATE: SECTION: Payment of Claims May 20,2003 SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development and Payment of Claims Financial Services/Don Uram Requested Action Move to: Approve the Payment of Claims as submitted(roll call vote) Synopsis Checks 119843- 120286 Wire Transfers 1787- 1798 Background Information Attachments I �6 City of Eden Prairie Council Check Summary 5/20/2003 Division Amount General 277,917 100 City Manager 133 101 Legislative 479 102 Legal Counsel 39,672 104 Contingency 68 110 City Clerk 1,482 111 Customer Service 21,720 112 Human Resources 2,263 113 Communication Services 921 114 Benefits&Training 2,272 115 Risk Management 1,967 116 Facilities 12,688 117 City Center 11,591 130 Assessing 48 131 Finance 11,000 132 Housing,Trans,Social Service 26,873 133 Community Development 1,205 135 Information Technology 3,016 136 Wireless Communication 6,497 151 Park Maintenance 27,456 152 Parks Capital Outlay 1,073 153 Athletic Programs 6,034 154 Community Center 9,108 156 Youth Programs 2,564 158 Senior Center 2,448 159 Recreation Administration 1,990 160 Adaptive Recreation 221 161 Oak Point Pool 424 163 Park Facilities 1,345 180 Police 18,856 184 Fire 12,368 185 Animal Control 260 200 Engineering 574 201 Street Maintenance 4,913 202 Street Lighting 179 203 Fleet Services 40,390 204 . Equipment Revolving 18,881 301 CDBG 534 303 Cemetary Operation 426 304 Senior Awareness Fund 95 312 Recycle Rebate 100 502 Park Development 5,098 503 Utility Improvement 23,736 506 Improvment Bonds 1996 7,887 509 C1P Fund 663,078 511 Construction Fund 18,934 601 Prairie Village Liquor 54,635 602 Den Road Liquor 101,353 603 Prairie View Liquor 64,309 701 Water Fund 58,280 702 Sewer Fund 7,530 703 Storm Drainage Fund 1,571 800 TIP 101 803 Escrow Fund 49,203 806 SAC Agency Fund 42,075 Report Totals 1,669,840 139 City of Eden Prairie Council Check Register 520/03 Check# Amount Vendor/Explanation Account Description Business Unit 1787 862 WELLS FARGO MINNESOTAN A Federal Taxes Withheld General Fund 1788 849 WELLS FARGO MINNESOTAN A Employers SS&Medicare General Fund 1789 220 MINNESOTA Dhk 1 OF REVENUE State Taxes Withheld General Fund 1791 1,000 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 1792 57,929 WELLS FARGO MINNESOTAN A Federal Taxes Withheld General Fund 1793 64,580 WELLS FARGO MINNESOTAN A Employers SS&Medicare General Fund 1794 23,151 MINNESOTA DEPT OF REVENUE State Taxes Withheld General Fund 1795 8,923 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 1796 15,218 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund 1798 65,681 PUBLIC EMPLOYEES RETIREMENT Employers PERA General Fund 119843 213 AUDIOVISUAL INC Video&Photo Supplies Communication Services 119844 90 BECKER,DAVE Operating Supplies Police 119845 31 BERGSTROM,JIM Clothing&Uniforms Police 119846 347 BLOOMINGTON,CITY OF Deposits Escrow Fund 119847 75 BOCK,FRED Clothing&Uniforms Police 119848 90 BOLD,PAULINE Instructor Service Outdoor Center 119849 114 BOSACKER,MIKE Clothing&Uniforms Police 119850 1,870 CLASSIC GYMNASTICS Instructor Service Winter Skill Development 119851 351 DAVID STEVENS CONSTRUCTION Building Permits General Fund 119852 30 DEPT OF LABOR&INDUSTRY Licenses&Taxes Fleet Services 119853 167 DUCHSCHERE,KYLE Clothing&Uniforms Police 119854 59 DUPONT,BRENT Clothing&Uniforms Police 119855 1,028 EARL F ANDERSEN INC Signs Traffic Signs 119856 65 EASTBURN,EMILY Dues&Subscriptions Police 119857 740 EDEN PRAIRIE FIREFIGHTER'S REL Union Dues Withheld General Fund 119858 420 FISHER,PAUL Other Contracted Services 2000 Rehab 119859 403 FREY,LYNDELL Printing Softball 119860 100 FREY,TERRI GEIGER Instructor Service Outdoor Center 119861 147 GINA MARIAS INC Operating Supplies Fire 119862 80 GUSTAD,MARK Clothing&Uniforms Police 119863 200 KEISKI,DAVID Miscellaneous City Council 119864 49 KRAEMERS HARDWARE INC Repair&Maint.Supplies Water Treatment Plant 119865 72 KRESS,CARLA Mileage&Parking Adaptive Recreation 119866 464 LIONS TAP Operating Supplies Fire 119867 13 MIDLAND HEATING&AIR CONDITIO Cash Over/Short General Fund 119868 6,085 MINNESOTA STATE RETIREMENT SYS Severance Police 119869 50 PEDERSON,KRISTIN Program Fee Outdoor Center 119870 38 PETSMART Canine Supplies Police 119871 10 PINGALI,ARUNA Fac.Rental-P&R Community Center Admin 119872 3,000 POSTAGE BY PHONE RESERVE ACCOU Postage General 119873 41 PRACTICAL SYSTEMS Mechanical Permits General Fund 119874 66 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Services 119875 5,127 PRUDENTIAL INS CO OF AMERICA C Life Insurance Employees General Fund 119876 3,030 PURCHASE POWER Postage General 119877 488 REBS MARKETING Other Contracted Services Water Accounting 119878 3,222 RELIASTAR LIFE INSURANCE CO Disability Ins Employers General Fund 119879 153 RICHARDSON,JIM Other Contracted Services Communication Services 119880 10 RICHFIELD,CITY OF Operating Supplies Fleet Services 119881 86 SIMON,ANDREA Employee Award Human Resources 119882 76 STATE OF MINNESOTA Operating Supplies Fleet Services 119883 15 SUMMIT FIRE PROTECTION Cash Over/Short General Fund 119884 969 TRANS ALARM INC Building Repair&Maint. Public Works/Parks 119885 40 TRAPP,SUZANNE Instructor Service Outdoor Center • 119886 2,861 US POSTMASTER-HOPKINS Postage General 119887 10 WASHINGTON STATE PATROL Other Contracted Services Police 119888 57 WHITE,NICOLE Mileage&Parking Therapeutic Recreation 119889 140 ZWIEG,JEFF Building Repair&Maint. City Center Operations 119890 6,000 CHANHASSEN,CITY OF Dues&Subscriptions Fire 119891 1,379 ANCHOR PAPER COMPANY Office Supplies General 119892 210 BOLD,PAULINE Instructor Service Outdoor Center 119893 38 CAMPANELLI,JULIE Program Fee Outdoor Center 119894 1,124 CENTERPOINT ENERGY Gas Crestwood Park 119895 45 CH ROBINSON Org Athletic League Fees Softball 119896 130 DEPT OF LABOR&INDUSTRY Licenses&Taxes Water Treatment Plant ILO Check# Amount Vendor/Explanatiion Account Description Business Unit 119897 754 HENNEPIN COUNTY SHERIFFS OFFI Board of Prisoner Police 119898 40 J H LARSON ELECTRICAL COMPANY Repair&Maint Supplies City Center Operations 119899 185 KNAUER,THOMAS Org Athletic League Fees Softball 119900 60 KNUTSON,STEVE Org Athletic League Fees Softball 119901 518 MENARDS Capital Under$2,000 Furniture 119902 23 MINNESOTA DEPT OF HEALTH Licenses&Taxes Water Utility-General 119903 130 MN DNR Other Contracted Services Outdoor Center 119904 20 NESSA,ROB Org Athletic League Fees Softball 119905 3,170 NORTHWEST BUSINESS SYSTEMS Operating Supplies Telephone 119906 77 PANERA BREAD Operating Supplies Fire 119907 109 Qwest COMMUNICATIONS Telephone Outdoor Center 119908 26 STAR TRIBUNE Misc Non-Taxable Den Road Liquor Store 119909 38 STEPHENS,SANDRA Program Fee Outdoor Center 119910 279 TEKIELA,STAN Recreation Supplies Outdoor Center 119911 8 UPS Postage Water Treatment Plant 119912 31 WOLF CAMERA Video&Photo Supplies Communication Services 119913 1,522 WORK CONNECTION-BPARK Other Contracted Services Park Maintenance 119914 791 A&K EQUIPMENT COMPANY,INC. Building Repair&Maint City Center Operations 119915 71 AMERICAN WATER WORKS ASSOCIATI Operating Supplies Engineering 119916 500 ANOKA COUNTY SHERIFF'S DEPT Deposits Escrow 119917 15 BOWEN,BOB Other Revenue General Fund 119918 43,728 CARLSTON,SCOTT Deposits Escrow 119919 17 CGBC Operating Supplies City Center Operations 119920 82 CORDES,JEFFREY Mileage&Parking Tree Disease 119921 43 CUB FOODS EDEN PRAIRIE Operating Supplies Police 119922 1,863 FAMILY&CHILDRENS SERVICE Other Contracted Services Housing,Trans,&Human Sery 119923 3,750 FAMILY&CHILDRENS SERVICE Other Contracted Services Housing,Trans,&Human Sery 119924 76 FOSSEY,DEANA Program Fee Tennis 119925 3,295 IND SCHOOL DIST 272 Other Contracted Services Housing,Trans,&Human Sery 119926 796 MEALS ON WHEELS Other Contracted Services Housing,Trans,&Human Sery 119927 655,164 METRO FIRE Autos Capital Impr./Maint Fund 119928 24 MIKE'S SHOE REPAIR INC Protective Clothing Fire 119929 72 MINNEAPOLIS FINANCE DEPARTMENT Software Maintenance Information Technology 119930 130 NEXTEL COMMUNICATIONS Pager&Cell Phone Wireless Communication 119931 294 PETTY CASH-POLICE DEPT Travel Expense Police 119932 62 QUICKSILVER EXPRESS COURIER Postage General 119933 996 RIGID HITCH INCORPORATED Equipment Parts Fleet Services 119934 6,232 SENIOR COMMUNITY SERVICES Other Contracted Services Housing,Trans,&Human Sery 119935 6,438 SOUTHDALE YMCA YOUTH DEVELOPME Other Contracted Services Housing,Trans,&Human Sew 119936 2,000 TEENS ALONE Other Contracted Services Housing,Trans,&Human Sery 119937 32 WEXLER,AVIVA Program Fee Preschool Events 119938 186 WORKING LANDSCAPES Building Permits General Fund 119939 26 ACE ICE COMPANY Misc Non-Taxable Prairie View Liquor Store 119940 77 AMERIPRIDE LINEN&APPAREL SER Repair&Maint Supplies Den Road Liquor Store 119941 183 ARCTIC GLACIER INC Misc Non-Taxable Prairie Village Liquor Store 119942 4,863 BELLBOY CORPORATION Liquor Den Road Liquor Store 119943 4,536 DAY DISTRIBUTING Beer Prairie Village Liquor Store 119944 793 EAGLE WINE COMPANY Liquor Den Road Liquor Store 119945 10,816 EAST SIDE BEVERAGE COMPANY Beer Prairie Village Liquor Store 119946 96 EXTREME BEVERAGE Misc Taxable Prairie Village Liquor Store 119947 672 FINE WINES FROM EUROPE Wine Domestic Prairie Village Liquor Store 119948 752 GRAPE BEGINNINGS Wine Domestic Prairie View Liquor Store 119949 12,246 GRIGGS COOPER&CO Liquor Den Road Liquor Store 119951 12,423 JOHNSON BROTHERS LIQUOR CO Wine Domestic Prairie View Liquor Store 119952 7,185 MARK VII Beer Prairie Village Liquor Store 119953 360 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store • 119954 91 NEW FRANCE WINE COMPANY Wine Domestic Den Road Liquor Store 119955 2,827 PAUSTIS&SONS COMPANY Wine Domestic Prairie Village Liquor Store 119956 382 PEPSI COLA COMPANY Merchandise for Resale Concessions 119957 6,702 PHILLIPS WINE AND SPIRITS INC Wine Imported Prairie View Liquor Store 119958 573 PINNACLE DISTRIBUTING Operating Supplies Den Road Liquor Store 119959 2,353 PRIOR WINE COMPANY Transportation Den Road Liquor Store 119960 7,944 QUALITY WINE&SPIRITS CO Liquor Prairie Village Liquor Store 119961 9,672 THORPE DISTRIBUTING Beer Den Road Liquor Store 119962 137 TRI COUNTY BEVERAGE&SUPPLY Beer Den Road Liquor Store 119963 944 WINE COMPANY,THE Wine Imported Den Road Liquor Store 119964 1,116 WINE MERCHANTS INC Wine Domestic Den Road Liquor Store 119965 1,927 WORLD CLASS WINES INC Wine Domestic Den Road Liquor Store }L4r Check# Amount Vendor/Explanation Account Description Business Unit 119967 11 A TO Z RENTAL CENTER Repair&Maint Supplies Fire 119968 270 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Senior Center Program 119969 108 ANDERSON,MOLLY Program Fee Summer Skill Development 119970 60 AQUA LOGIC INC Repair&Maint Supplies Pool Maintenance 119971 133 BERGSTROM,JIM Clothing&Uniforms Police 119972 2,359 BIFFS INC Waste Disposal Park Maintenance 119973 59 BIG MIKES SUPER SUBS OF WI INC Operating Supplies Fire 119974 115 BOSACKER,MIKE Clothing&Uniforms Police 119975 140 CANNON,JANET Outdoor Center Park Facilities 119976 24 CAPITOL COMMUNICATIONS Equipment Parts Wireless Communication 119977 271 DALCO Equipment Repair&Maint Ice Arena 119978 13,054 DELTA DENTAL PLAN OF MN Dental General Fund 119979 50 DOVER,RUTH Program Fee Adult Program 119980 154 EDEN PRAIRIE CHAMBER OF COMMER Miscellaneous In Service Training 119981 259 EDEN PRAIRIE ROTARY CLUB Dues&Subscriptions City Council 119982 72 EXPRESS MESSENGER SYSTEMS INC Postage General 119984 2,416 GENUINE PARTS COMPANY Repair&Maint Supplies Water Treatment Plant 119985 40,430 GREGERSON ROSOW JOHNSON&NILA Legal Legal Council 119986 4,328 HENNEPIN COUNTY Deposits Escrow 119987 1,173 HENNEPIN COUNTY TREASURER Operating Supplies Community Development 119988 357 HENNEPIN COUNTY TREASURER Licenses&Taxes Concessions 119989 50 IND SCHOOL DIST 272 Operating Supplies Police 119991 5,674 KMC TELECOM HOLDINGS INC. Telephone Telephone 119992 20 LEAGUE OF MINNESOTA CITIES Dues&Subscriptions City Council 119993 909 MINNESOTA CONWAY Safety Supplies Fleet Services 119994 1,434 PRA]RIEVIEW RETAIL LLC Repair&Maint Supplies Prairie View Liquor Store 119995 25 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Services 119996 5,127 STANDARD INSURANCE CO Life Insurance Employees General Fund 119997 438 STEWART-HESTER,RENEE Other Contracted Services Recreation Administration 119998 251 UNITED RENTALS HIGHWAY TECHNOL Clothing&Uniforms Street Maintenance 119999 174 WEEDMAN,NICOLE Mileage&Parking Youth Programs Administration 120000 373 WILDFIRE Miscellaneous Reserves 120001 1,711 WOLF,ELROY Insurance Risk Management 120002 1,000 ZWIEG,JEFF Inside Building Repair&Maint City Center Operations 120003 440 BCA/FORENSIC SCIENCE LABORATOR Tuition Reimbursement/School Police 120004 245 BUCHMAN PLUMBING COMPANY INC Plumbing Permits General Fund 120005 6,827 CENTERPOINT ENEGY Gas Fire Station#1 120006 1,110 CHANHASSEN BUMPER TO BUMPER Equipment Parts Fleet Services 120007 37 CLAREYS INC Operating Supplies Prairie View Liquor Store 120008 300 CROW WING COUNTY SHERIFF'S DEP Deposits Escrow 120009 1,639 DAY DISTRIBUTING Beer Prairie View Liquor Store 120010 40 DEPARTMENT OF AGRICULTURE Other Contracted Services Lime Sludge 120011 153 HENNEPIN COUNTY TREASURER Operating Supplies Community Development 120012 1,560 INTERNATIONAL UNION OF OPERATI Union Dues Withheld General Fund 120013 426 JB LAWN LANDSCAPING&SNOWPLOW Other Contracted Services Pleasant Hill Cemetary 120014 241 KRAEMERS HARDWARE INC Operating Supplies Softball 120015 1,709 KRAUS-ANDERSON CONSTRUCTION CO Building Permits General Fund 120016 18 LARSON,KAREN Program Fee Adult Program 120017 210 LEROY JOB TRUCKING INC Other Contracted Services Animal Control 120018 621 MARK VII Beer Prairie View Liquor Store 120019 251 METROPOLITAN MECHANICAL Mechanical Permits General Fund 120020 419 MIDWEST PLAYSCAPES Repair&Maint.Supplies Round Lake 120021 2,700 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld • General Fund 120022 99 MINNESOTA VALLEY ELECTRIC COOP Electric Sewer Liftstation 120023 84 MRAMOR,HOLLY Program Fee Preschool Events 120024 2,715 QWEST Telephone Miller Park 120025 95 QWEST CLAIMS Other Contracted Services Storm Drainage 120026 237 R&R MARINE INC Other Contracted Services Park Maintenance 120027 36 ROSETTER,LYLE Program Fee Adult Program 120028 105 SPORTS WORLD USA INC Operating Supplies Ice Arena 120029 163 STAN MORGAN &ASSOCIATES INC. Operating Supplies Den Road Liquor Store 120030 12 STAR TRIBUNE Misc Non-Taxable Den Road Liquor Store 120031 15 STATE OF MINNESOTA Operating Supplies Fleet Services 120032 8 TRACH,ELLIOT Program Fee Senior Center Program 120033 2,396 UTING,BRENDA Other Contracted Services Community Brochure 120034 17,390 VEIT&CO Improvements to Land Construction Fund 120035 18 WHIPPS,KAROLE Program Fee Adult Program 120036 108 WHITE,MELISSA Program Fee Summer Skill Development ill D. Check# Amount Vendor I Explanation Account Description Business Unit 120037 145 ACE ICE COMPANY Misc Non Taxable Prairie View Liquor Store 120038 164 ALL SAINTS BRANDS DISTRIBUTING Wine Imported Prairie View Liquor Store 120039 120 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Den Road Liquor Store 120040 247 ARCTIC GLACIER INC Misc Non Taxable Den Road Liquor Store 120041 3,801 BELLBOY CORPORATION Wine Imported Den Road Liquor Store 120042 7,450 DAY DISTRIBUTING Beer Den Road Liquor Store 120043 3,808 EAGLE WINE COMPANY Wine Imported Den Road Liquor Store 120044 10,857 EAST SIDE BEVERAGE COMPANY Beer Den Road Liquor Store 120045 224 EXTREME BEVERAGE Misc Taxable Den Road Liquor Store 120046 357 GETTMAN COMPANY Misc Taxable Den Road Liquor Store 120047 319 GRAND PERE WINES INC Wine Domestic Den Road Liquor Store 120048 784 GRAPE BEGINNINGS Wine Domestic Den Road Liquor Store 120049 13,022 GRIGGS COOPER&CO Liquor Den Road Liquor Store 120050 660 HOHENSTEINS INC Beer Den Road Liquor Store 120051 18,019 JOHNSON BROTHERS LIQUOR CO Misc Taxable Den Road Liquor Store 120052 12,904 MARK VII Beer Den Road Liquor Store 120053 63 MASS BAR-MATE CORP Liquor Den Road Liquor Store 120054 643 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store 120055 1,326 PAUSTIS&SONS COMPANY Wine Domestic Den Road Liquor Store 120056 5 PEPSI COLA COMPANY Misc Taxable Prairie View Liquor Store 120057 8,512 PHILLIPS WINE AND SPIRITS INC Transportation Prairie View Liquor Store 120058 760 PINNACLE DISTRIBUTING Misc Non-Taxable Den Road Liquor Store 120059 2,802 PRIOR WINE COMPANY Liquor Den Road Liquor Store 120060 12,357 QUALITY WINE&SPIRITS CO Liquor Den Road Liquor Store 120061 21,495 THORPE DISTRIBUTING Beer Prairie Village Liquor Store 120062 869 WINE COMPANY,THE Wine Domestic Prairie Village Liquor Store 120063 2,075 WINE MERCHANTS INC Wine Domestic Den Road Liquor Store 120064 150 ANOKA-HENNEPIN TECHNICAL COLLE Tuition Reimbursement/School Fire 120065 1,883 ARCH PAGING Pager&Cell Phone Wireless Communication 120066 167 ASPEN WASTE SYSTEMS INC. Waste Disposal Den Road Liquor Store 120067 10 BERGSTROM,JENNIFER Program Fee Outdoor Center 120068 1,723 BRAEMAR MAILING SERVICE INC Other Contracted Services Fire 120069 40 BRAGG,ANNALISA Instructor Service Outdoor Center 120070 80 BROWN,JASON Employment Support Test Fire 120071 150 CITY ENGINEERS ASSOC OF MINNES Dues&Subscriptions Fire Station#1 120072 60 FIRE INSTRUCTORS ASSN OF MN Tuition Reimbursement/School Fire 120073 36 GAM TIME Repair&Maint.Supplies Park Maintenance 120074 8 JOHNSON,WAYNE Program Fee Outdoor Center 120075 765 KALKES,JAYNA Tuition Reimbursement/School In Service Training 120076 60 LEAGUE OF MINNESOTA CITIES Conference Expense Engineering 120077 7 MENARDS Operating Supplies Street Maintenance 120078 41,654 METROPOLITAN COUNCIL Due to Other Governments SAC Agency Fund 120079 5,064 MINNESOTA STATE TREASURER Building Surcharge General Fund 120080 13 MINNETRISTA,CITY OF Conference Expense City Manager 120081 281 NCPERS GROUP LIFE INSURANCE Life Insurance Employees General Fund 120082 346 OFFICE DEPOT CREDIT PLAN Office Supplies General 120083 10 PRENTICE,JACALYN Program Fee Outdoor Center 120084 158 QWEST Telephone Preserve Park 120085 16 ROBBINSDALE,CITY OF Conference Expense Engineering 120086 28 STAR TRIBUNE Dues&Subscriptions In Service Training 120087 256 SWEDENBORG,KRISTA Insurance Risk Management 120088 60 TRAPP,SUZANNE Instructor Service Outdoor Center 120089 40 UNIVERSITY OF MINNESOTA Conference Expense Engineering 120090 96 UPS Postage Water Treatment Plant 120091 1,840 US POSTMASTER-HOPKINS Postage Water Accounting 120092 230 COMMUNITY HEALTH CHARITIES United Way Withheld General Fund 120093 735 KALKES,JAYNA Tuition Reimbursement/School In Service Training 120094 246 UNITED WAY United Way Withheld General Fund • 120095 58 A TO Z RENTAL CENTER Equipment Repair&Maint Park Maintenance 120096 16 AAA LAMBERTS LANDSCAPE PRODUCT Landscape Materials/Supp Street Maintenance 120097 3,371 AIM ELECTRONICS Operating Supplies Telephone 120098 551 AIR POWER EQUIPMENT CORPORATIO Equipment Repair&Maint Fire 120099 353 ALTERNATIVE BUSINESS FURNITURE Capital Under$2,000 Furniture 120100 260 AMERICAN WATER WORKS ASSOCIATE Training Supplies Water Utility-General 120101 1,198 ANCHOR PRINTING COMPANY Printing Senior Center Program 120102 65 AQUA ENGINEERING INC Operating Supplies Street Maintenance 120103 163 AQUA LOGIC INC Repair&Maint.Supplies Pool Maintenance 120104 262 AUTO FJPCTRIC SPECIALISTS �Equipment Repair&Maint Fleet Services I / !3 Check# Amount Vendor/Explanation Account Description Business Unit 120105 104 AUTOMATED ENTRANCE PRODUCTS IN Building Repair&Main' Public Works/Parks 120106 95 BADGE A MINIT Recreation Supplies Senior Awareness 120107 580 BAN-KOE SYSTEMS INC Operating Supplies Oak Point Operations 120108 843 BAUER BUILT TIRE AND BATTERY Equipment Parts Fleet Services 120109 631 BEACON BALLFIELDS Operating Supplies Park Maintenance 120110 834 BECKER ARENA PRODUCTS INC Repair&Maint.Supplies Ice Arena 120111 941 BENIEK PROPERTY SERVICES INC. Building Repair&Maint Fire Station#2 120112 120 BIFFS INC Waste Disposal Park Maintenance 120113 233 BLOOMINGTON SECURITY SOLUTIONS Building Repair&Maint Miller Park 120114 47 BOYER FORD TRUCKS Equipment Parts Fleet Services 120115 153 BRAUN 1NTERTEC CORPORATION Testing-Soil Boring Utility Improvement Fund 120116 367 BROWN TRAFFIC PRODUCTS Small Tools Traffic Signals 120117 2,450 CAMPBELL,IAN Other Contracted Services Adult Open Gym 120118 464 CATCO CLUTCH&TRANSMISSION SE Equipment Repair&Maint Fleet Services 120119 425 CEMSTONE Repair&Maint Supplies Water System Maintenance 120120 1,348 CENTRAIRE INC Equipment Repair&Maint Prairie Village Liquor Store 120121 374 CHASKA COMMUNITY HOCKEY ASSOCI Merchandise for Resale Concessions 120122 1,276 CLAREYS INC Safety Supplies Fleet Services 120123 739 COLOR CENTER,THE Repair&Maint.Supplies Water Treatment Plant 120124 3,019 CONCRETE CUTTING&CORING INC Equipment Parts Fleet Services 120125 313 CONNEY SAFETY PRODUCTS Cleaning Supplies Water Treatment Plant 120126 435 CONSTRUCTION MATERIALS INC Repair&Maint Supplies Storm Drainage 120127 254 COPY EQUIPMENT INC Operating Supplies Traffic Signals 120128 3,229 CORPORATE EXPRESS Office Supplies General 120129 18,881 CRYSTEEL TRUCK EQUIPMENT Machinery&Equipment Public Works 120130 111 CRYSTEEL TRUCK EQUIPMENT INC Capital Under$2,000 Fleet Services 120131 1,430 CUSTOM GLASS&SCREEN Reimbursement Capital Impr./Maint.Fund 120132 6,625 CUTLER MAGNER COMPANY Chemicals Water Treatment Plant 120133 377 CY'S UNIFORMS Operating Supplies Reserves 120134 896 D J'S MUNICIPAL SUPPLY INC Operating Supplies Park Maintenance 120135 232 DALCO Cleaning Supplies Maintenance 120136 36 DAS MANUFACTURING INC Operating Supplies Environmental Education 120137 114 DELEGARD TOOL CO Operating Supplies Street Lighting 120138 1,567 DELL MARKETING L.P. Computers Water Utility-General 120139 280 DELTAFLEX Equipment Parts Fleet Services 120140 392 DF COUNTRYMAN CO. Operating Supplies General Facilities 120141 48 DIGI-KEY Repair&Maint Supplies Wireless Communication 120142 1,150 EARL F ANDERSEN INC Signs Traffic Signs 120143 528 ECOLAB INC Building Repair&Maint. Fire Station#3 120144 1,071 EF JOHNSON Equipment Parts Wireless Communication 120145 950 EID,SCOTT Other Contracted Services Broomball 120146 411 ELVIN SAFETY SUPPLY INC Operating Supplies Maintenance 120147 300 EMEDCO Safety Supplies Water Treatment Plant 120148 1,231 EMERGENCY AUTOMOTiVE TECHNOLOG Equipment Parts Fleet Services 120149 1,552 ESCHELON TELECOM INC Equipment Repair&Maint Telephone 120150 1,992 ESS BROTHERS&SONS INC* Repair&Maint Supplies Water System Maintenance 120151 1,518 FACILITY SYSTEMS INC Capital Under$2,000 Furniture 120152 546 FASTSIGNS Operating Supplies Water Treatment Plant 120153 215 FERRELLGAS Motor Fuels Ice Arena 120154 34 FIKES HYGIENE SERVICES Building Repair&Maint Den Road Liquor Store 120155 164 FLYING CLOUD ANIMAL HOSPITAL Canine Supplies Police 120156 1,109 G&K SERVICES-MPLS INDUSTRIAL Operating Supplies Water Treatment Plant 120157 56 GAMETIME Repair&Maint.Supplies Park Maintenance 120158 911 GENERAL REPAIR SERVICE Equipment Parts Water Treatment Plant 120159 673 GENERAL SAFETY EQUIPMENT COMPA Equipment Repair&Maint Fleet Services 120160 149 GIRARD'S BUSINESS MACHINES INC Equipment Repair&Maint General 120161 120 GOAR,THOMAS Repair&Maint.Supplies Ice Arena 120162 2,335 GRAFIX SHOPPE Capital Under$2,000 Fleet Services 120163 201 GRAINGER Equipment Parts Fleet Services 120164 9,085 HANSEN THORP PELLINEN OLSON Improvements to Land Park Acquisition&Development 120165 275 HARMON AUTOGLASS Equipment Repair&Maint Fleet Services 120166 2,503 HARRIS CORPORATION Capital Under$2,000 Wireless Communication 120167 10,796 HARTLAND FUEL PRODUCTS LLC Motor Fuels Fleet Services 120168 351 HAYDEN-MURPHY EQUIPMENT COMPAN Equipment Parts Fleet Services 120169 678 HELLERS CARBONIC WEST Chemicals Water Treatment Plant 120170 398 HENNEPIN TECHNICAL COLLEGE Tuition Reimbursement/School Police 120171 60 HENRY,PAUL Other Contracted Services Volleyball 120172 213 HIGLEY,MARICA Other Contracted Services Adult Open Gym I `ly Check# Amount Vendor/Explanation Account Description Business Unit 120173 441 HIGLEY,STEVE Other Contracted Services Softball 120174 1,182 HiRSHFiEf D'S Operating Supplies Park Maintenance I20175 90 HISCO Repair&Maint Supplies Wireless Communication 120176 995 HOLMES,JOHN CARTER Other Contracted Services Volleyball 120177 10,080 HONEYWELL INC. Other Contracted Services Water Treatment Plant 120178 25 ICE SKATING INSTITUTE Licenses&Taxes Ice Arena 120179 434 ICI DULUX PAINT CTRS Repair&Maint Supplies Water Treatment Plant 120180 150 INDUSTRIAL CONTAINER SERVICES Operating Supplies Police 120181 203 INDUSTRIAL FLOOR MAINTENANCE I Equipment Parts Fleet Services 120182 93 INNOVATIVE GRAPHICS Operating Supplies Sports,Fun,&Fitness 120183 5,751 INSIGHT PUBLIC SECTOR Other Hardware Information Technology 120184 2,000 INSPEC INC. Improvement Contracts Capital Impr./Maint.Fund 120185 106 ITASCA GREENHOUSE INC Landscape Materials/Supp Tree Disease 120186 394 J H LARSON ELECTRICAL COMPANY Repair&Maint Supplies Fire Station#1 120187 590 JAMES BISSONETT&ASSOCIATES, Training Supplies In Service Training 120188 1,732 JANEX INC Cleaning Supplies Maintenance 120189 6,075 KELLER FENCE COMPANY INC Building Repair&Maint Water Well#9 120190 11,000 KERN DEWENTER VIERE LID. Audit&Financial Finance 120191 666 KONTRON MOBILE COMPUTING Operating Supplies Wireless Communication 120192 71 LAB SAFETY SUPPLY INC Small Tools Water Treatment Plant 120193 1,384 LANO EQUIPMENT INC Other Rentals Street Maintenance 120194 148 LAW ENFORCEMENT TARGETS,INC Training Supplies Police 120195 59 LESCO INC Landscape Materials/Supp Staring Lake 120196 13 M SHANKEN COMMUNICATIONS INC Misc Non-Taxable Prairie View Liquor Store 120197 1,386 MACQUEEN EQUIPMENT INC Equipment Parts Fleet Services 120198 90 MARKS CERTICARE AMOCO Equipment Repair&Maint Fleet Services 120199 500 MARTIN-MCALLiSTER Employment Support Test Human Resources 120200 204 MAXI-PRINT INC Printing Police 120202 1,368 MENARDS Patching Asphalt Street Maintenance 120203 378 METRO ATHLETIC SUPPLY Operating Supplies Park Maintenance 120204 20 METRO FIRE Repair&Maint Supplies Fire 120205 114 METRO LEGAL SERVICES INC Other Contracted Services 2000 Rehab 120206 326 METROPOLITAN FORD Equipment Parts Fleet Services 120207 9,937 METROPOLITAN MECHANICAL Repair&Maint Supplies Maintenance 120208 107 MIDWEST ASPHALT CORPORATION Patching Asphalt Street Maintenance 120209 4,484 MILLER DUNWIDDIE Building Capital Impr./Maint Fund 120210 387 MINN BLUE DIGITAL Operating Supplies Engineering 120211 31 MINNCOMM PAGING Pager&Cell Phone Sewer Liftstation 120212 757 MINNESOTA CONWAY Equipment Repair&Maint Fire 120213 240 MINNESOTA ROADWAYS CO Patching Asphalt Street Maintenance 120214 130 MINNESOTA TROPHIES&GIFTS Operating Supplies Police 120215 493 MINNESOTA WANNER COMPANY Capital Under$2,000 Capital Outlay Parks 120216 200 MINT CONDITION DETAILING INC Equipment Repair&Maint Fleet Services 120217 2,205 MOORE MEDICAL CORP Operating Supplies Fire 120218 248 MORLEY BURNETT Equipment Repair&Maint Maintenance 120219 2,071 MTI DISTRIBUTING INC. Equipment Parts Fleet Services 120220 885 MWH AMERICAS INC Design&Engineering Storm Drainage Projects 120221 100 NASH SALES INC. Other Contracted Services Recycle Rebate 120222 349 NATIONAL WATERWORKS Repair&Maint Supplies Park Maintenance 120223 1,477 NATIONWIDE ADVERTISING SERVICE Employment Advertising Human Resources 120224 887 NATURAL REFLECTIONS VII LLC Other Contracted Services Water Treatment Plant 120225 61 NORTHERN TOOL&EQUIPMENT CO. Capital Under$2,000 Capital Outlay Parks 120226 1,788 OLSEN COMPANIES Operating Supplies Street Maintenance 120227 330 OSI BATTERIES INC Equipment Parts Fleet Services 120228 54 PAGING&WIRELESS SERVICE CENT Equipment Repair&Maint Wireless Communication 120229 140 PAPER WAREHOUSE Operating Supplies Youth Programs Administration 120230 10,139 PARROTT CONTRACTING INC Improvements to Land Park Acquisition&Development 120231 72 PETSMART Canine Supplies Police 120232 80 POWERPLAN Equipment Repair&Maint Fleet Services 120233 1,090 PRAIRIE ELECTRIC COMPANY Equipment Repair&Maint Water Treatment Plant 120234 103 PRAIRIE LAWN AND GARDEN Equipment Repair&Maint Park Maintenance 120235 8,865 REHRIG PACIFIC COMPANY Chemicals Park Maintenance 120236 926 RETROFIT RECYCLING INC Waste Disposal General Facilities 120237 23,583 RMR SERVICES INC Other Contracted Services Utility Improvement Fund 120238 361 RUSSELL&MILLER INC Operating Supplies Den Road Liquor Store 120239 444 SCHARBER&SONS Equipment Parts Fleet Services 120240 827 SCHONSTEDT INSTRUMENT COMPANY Capital Under$2,000 Water System Maintenance 120241 1,188 SE-ME INC I Video&Photo Supplies Police f LS Check i Amount Vendor/Explanation Account Description Business Unit 120242 39 SHERWIN WILLIAMS CO Operating Supplies Park Maintenance 120243 1,543 SHORT ET 1 JOT HENDRICKSON INC Design&Engineering Construction Fund 120244 274 SHRED-IT Waste Disposal City Center Operations 120245 640 SIMPLEXGRINNELL LP Repair&Maint Supplies Maintenance 120246 49 SNAP-ON TOOLS Small Tools Fleet Services 120247 970 SNELL MECHANICAL INC Repair&Maint Supplies Maintenance 120248 173 SOUTHWEST SUBURBAN PUBLISHING- Employment Advertising Human Resources 120249 329 ST CROIX RECREATION CO INC Repair&Maint Supplies Park Maintenance 120250 191 ST JOSEPH EQUIPMENT INC Equipment Parts Fleet Services 120251 1,628 STEMPF AUTOMOTIVE INDUSTRIES I Equipment Parts Fleet Services 120252 304 STEVE LUCAS PHOTOGRAPHY Video&Photo Supplies Communication Services 120253 2,500 STOREFRONT GROUP,THE Other Contracted Services Housing,Trans,&Human Sery 120255 3,744 STREICHERS Operating Supplies Reserves 120256 2,255 SUBURBAN CHEVROLET GEO Equipment Parts Fleet Services 120257 22 SUBURBAN PROPANE Lubricants&Additives Fleet Services 120258 1,575 SUBURBAN TIRE WHOLESALE INC Tires Fleet Services 120260 1,482 SUN NEWSPAPERS Legal Notices Publishing City Clerk 120261 145 SWEDLUNDS Waste Disposal Outdoor Center 120262 287 SYSTEM CONTROL SERVICES Equipment Repair&Maint Water Treatment Plant 120263 203 TAPE COMPANY,THE Video&Photo Supplies Communication Services 120264 91 TARPS INC Capital Under$2,000 Capital Outlay Parks 120265 26 TESSCO Equipment Parts Wireless Communication 120266 875 TESSMAN SEED CO Operating Supplies Park Maintenance 120267 339 TIERNEY BROS INC Capital Under$2,000 Fleet Services 120268 322 TKDA Other Contracted Services Water System Maintenance 120269 21 TOLL GAS AND WELDING SUPPLY Recreation Supplies Senior Center Program 120270 1,054 TRANS ALARM INC Building Repair&Maint Public Works/Parks 120271 34 TWIN CITY OXYGEN CO Repair&Maint Supplies Water System Maintenance 120272 507 TWIN CITY SEED CO Landscape Materials/Supp Willow Park 120273 720 UNIFORMS UNLIMITED Clothing&Uniforms Police 120274 26 UNTIED CALIFORNIA FACTORS Office Supplies General 120275 767 UNLIMITED SUPPLIES INC Equipment Parts Fleet Services 120276 552 US CAVALRY Clothing&Uniforms Police 120277 1,525 VERNCO MAINTENANCE INC Other Contracted Services Water Treatment Plant 120278 1,744 WATER SPECIALITY OF MN INC Repair&Maint Supplies Water System Maintenance 120279 1,010 WATSON CO INC,THE Merchandise for Resale Concessions 120280 142 WEST WELD Equipment Parts Fleet Services 120281 649 WESTSIDE EQUIPMENT Equipment Parts Fleet Services 120282 2,029 WHEELER LUMBER LLC Landscape Materials/Supp Richard T.Anderson Cons.Area 120283 120 WICHTERMAN'S LTD Special Event Fees City Manager 120284 556 WM MUELLER AND SONS INC Repair&Maint Supplies Water System Maintenance 120285 100 WOLF CAMERA Video&Photo Supplies Fire 120286 8,116 YALE MECHANICAL INC Equipment Repair&Maint Water Treatment Plant 1,669,840 Grand Total 1Li6 CITY COUNCIL AGENDA DATE: SECTION: Director of Public Works May 20,2003 DEPARTMENT: ITEM DESCRIPTION: iTEM NO.: Engineering Rodney W. Rue Award Contract for Hillcrest/Alpine Area Street • 1 and Storm Sewer Improvements,I.C. 98-5471 Requested Action Move to: Adopt resolution awarding contract for I.C. 98-5471, Hillcrest/Alpine Area Street and Storm Sewer Improvements to S.M. Hentges and Sons. Synopsis Six bids were received for this project on March 6, 2003. The lowest bid from S.M. Hentges and Sons was $1,261,957.46, which is 21% below the Engineer's Estimate of $1,590,316.00. The bid is also 11%below the Feasibility Study Estimate of$1,414,000.00. The resultant assessment per unit is $5,936.00, which is $1,114 less than the estimated unit assessment as defined in the Feasibility Study. Background Information The Hillcrest/Alpine Neighborhood petitioned for these improvements in 1998. Through this petition process, the City established a policy regarding street re-construction projects where concrete curb and gutter was non-existent. We have held several neighborhood meetings to get to this stage of the project. Attachments HTPO's Recommendation Letter CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2003- RESOLUTION ACCEPTING BID HILLCREST/ALPINE AREA STREET AND STORM SEWER IMPROVEMENTS I.C.98-5471 WHEREAS,pursuant to an advertisement for bids for the following improvement: I.C. 98-5471:Hillcrest/Alpine Area Street and Storm Sewer Improvements bids were received, opened and tabulated according to law. Those bids received are shown on the attached Summary of Bids; and WHEREAS,the City Engineer recommends award of Contract to S.M.Hentges and Sons as the lowest responsible bidder. NOW,THEREFORE,BE IT RESOLVED by the Eden Prairie City Council as follows: The Mayor and City Manager are hereby authorized and directed to enter in a Contract with S.M. Hentges and Sons in the name of the City of Eden Prairie in the amount of $1,261,957.46 in accordance with the plans and specifications thereof approved by the Council and on file in the office of the City Engineer. ADOPTED by the Eden Prairie City Council on May 20,2003. Nancy Tyra-Lukens,Mayor ATTEST: SEAL Kathleen Porta,City Clerk Iyg 'L —1 Engineering•Surveying ; ) Landscape Architecture April 7, 2003 v" Alan Gray City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Re: Construction Bids for Hillcrest/Alpine Street • Reconstruction I.C. 98-5471 Dear Mr. Gray: Bids were received and opened at 10:00 a.m. on Thursday March 6, 2003, for the above referenced project. The bids are shown on the attached Summary of Bids. The Engineer's Estimate was $1,590,316.00. The low bidder; S.M. Hentges& Sons, Inc. came in 21%below the Engineer's Estimate at$1,261,957.46 • The recommendation is made that the City Council award • Improvement Contract 98-5471 to S.M. Hentges& Sons, Inc. for the bid amount of$1,261,957.46. This recommendation considers that the City Council reserves the right to waive minor irregularities and further reserves the right to award the contract in the best interests of the City. • Respectfully, HANSEN THORP PELLINEN OLSON, INC. ' ?_/ Laurie A. Johnson, P.E. Principal • LAJ:ks 7510 Market Place Drive enclosures Eden Prairie, MN 55344 952-829-0700 952-829-7806 fax `l 9 - _=' ;_ SUMMARY OF BIDS City of Eden Prairie I.C. 98-5471 DESCRIPTION: Hillcrest/Alpine Street Reconstruction BIDS OPENED: March 6, 2003 CONSULTING ENGINEER: Hansen Thorp Pellinen Olson Inc. CHECKED BY: Hansen Thorp Pellinen Olson Inc. • BIDDER BID SECURITY TOTAL BID • S.M. Hentges& Sons, Inc. Yes $1,261,957.46 Hardrives, Inc. Yes $1,332,997.00 Park Construction Yes $1,342,808.00 Midwest Asphalt Yes $1,344,922.70 Valley Paving Yes $1,363,036.29 Bituminous Roadways Yes $1,487,663.50 The undersigned recommend award of Contract to: S.M. Hentges& Sons, Inc. as the lowest responsible bidder for this Improvement Contract. • • (y J,:v-af-t a. /`Z yvIn'__, Consulting Engineer Alan D. Gray, P.E. City Engineer • ISO