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HomeMy WebLinkAboutCity Council - 07/01/2003 AGENDA HOUSING AND REDEVELOPMENT AUTHORITY TUESDAY, JULY 1,2003 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road HOUSING&REDEVELOPMENT AUTHORITY MEMBERS: 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. MINUTES A. H.R.A. MEETING HELD TUESDAY,JUNE 3, 2003 III. PUBLIC HEARING ON PROPOSED ISSUANCE OF COMMERCIAL DEVELOPMENT REVENUE BONDS BY THE HRA OF THE CITY OF EDEN PRAIRIE (MEMORIAL BLOOD CENTERS) (Cancel) IV. ADOPT RESOLUTION APPOINTING CHAIR, EXECUTIVE DIRECTOR AND SECRETARY TO THE EDEN PRAIRIE HOUSING AND REDEVELOPMENT AUTHORITY V. ADJOURNMENT UNAPPROVED MINUTES HOUSING AND REDEVELOPMENT AUTHORITY TUESDAY,JUNE 3,2003 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road HOUSING&REDEVELOPMENT AUTHORITY MEMBERS: Mayor Nancy Tyra- Lukens, Councilmembers 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, Senior Planner Scott Kipp, City Attorney Ric Rosow and Council Recorder Theresa Brundage I. ROLL CALL/CALL THE MEETING TO ORDER Mayor Tyra-Lukens called this meeting to order following the regular City Council Meeting at 8:45 p.m. II. RESOLUTION CALLING FOR A PUBLIC HEARING ON THE PROPOSED ISSUANCE OF COMMERCIAL DEVELOPMENT REVENUE BONDS BY THE HRA OF THE CITY OF EDEN PRAIRIE (MEMORIAL BLOOD CENTERS) City Manager Scott Neal said pursuant to Minnesota Statutes, Section 469.54, Subdivision 4 and in compliance with Section 147(f) of the Internal Revenue Code of 1986, as amended, the HRA is required to conduct a public hearing on the Project and financing thereof. He said the only action necessary tonight is to set a date for the public hearing,with a proposed date of July 1, 2003 at 7 p.m. Case moved, seconded by Mosman,to adopt the proposed date of July 1,2003 at 7 p.m. for a public hearing on the proposed issuance of commercial development revenue bonds by the HRA of the City of Eden Prairie (Memorial Blood Centers). Motion carried 4-0. IV. ADJOURNMENT MOTION: Case moved, seconded by Young,to adjourn the meeting. Motion carried 4-0. Mayor Tyra-Lukens adjourned the meeting at 8:46 p.m. H.R.A.AGENDA DATE: SECTION: Public Hearings July 1,2003 DEPARTMENT: ITEM DESCRIPTION: ITEM NO.: Donald Uram,Director Public Hearing on the proposed Issuance of Management&Budget Commercial Development Revenue Bonds III. (Memorial Blood Centers) Requested Action Motion Move to: Cancel the Public Hearing. Synopsis The Public Hearing has been republished for July 15,2003 due to an increase in the bond amount. Background Information On June 3,the City Council adopted a Resolution calling for a Public Hearing on the proposed Issuance of Commercial Development Revenue Bonds by the HRA of the City of Eden Prairie for the Memorial Blood Center. After an evaluation of the building by the Building Contractor for Memorial Blood Center the cost of doing the project increased to $3,300,000 from$2,500,000. The new Public Hearing date has been published for July 15, 2003. H.R.A.AGENDA DATE: SECTION: July 1,2003 ITEM DESCRIPTION: DEPARTMENT: HRA Resolution Appointing Chair, Executive ITEM NO.: Office of City Manager Director and Secretary to the Eden Prairie Housing and Redevelopment Authority Requested Action MOTION: Move to adopt the resolution appointing Nancy Tyra-Lukens to serve as Chair, Scott Neal as Executive Director and as Secretary for the Eden Prairie Housing and Redevelopment Authority. Synopsis City Attorney Ric Rosow recommended officially making these appointments to the Eden Prairie Housing and Redevelopment Authority. The appointments will be approved on an annual basis at the first meeting of each year. CITY OF EDEN PRAIRIE HENNEPIN COUNTY,NIINNESOTA H.R.A.RESOLUTION NO. 2003- A RESOLUTION APPOINTING THE CHAIR,EXECUTIVE DIRECTOR AND SECRETARY OF THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE WHEREAS,the Commissioners of the Housing and Redevelopment Authority in and for the City of Eden Prairie(HRA)have authority to make appointments; and NOW THEREFORE,BE IT RESOLVED,that the Commissioners of the Housing and Redevelopment Authority in and for the City of Eden Prairie hereby appoints Nancy Tyra-Lukens as Chair; Scott Neal as Executive Director and as Secretary of calendar year 2003 and ratifies and affirms all prior actions taken by said individuals as Chair, Executive Director and Secretary respectively. ADOPTED,by the Housing and Redevelopment Authority in and for the City of Eden Prairie, on the 1 st day of July,2003. Nancy Tyra-Lukens, Chair ATTEST: Kathleen Porta, Secretary AGENDA EDEN PRAIRIE, CITY COUNCIL TUESDAY,JULY 1,2003 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 Carol Pelzel I. ROLL CALL/CALL THE MEETING TO ORDER H. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS V. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY,JUNE 17,2003 (p. 1) B. CITY COUNCIL MEETING HELD TUESDAY,JUNE 17,2003 (p. 5) VI. CONSENT CALENDAR A. INGRAM PROPERTY by Todd Ingram. 2nd Reading for Planned Unit Development District Review with waivers on 5.19 acres and Zoning District Change from Rural to R1-13.5 on 5.19 acres. Location: 9500 Stable Path. (Ordinance for PUD District Review, Zoning District Change) (p. 12) B. WILLIAM A. SMALL PROPERTY by The Pemtom Land Company. Approval of Development Agreement. Location: 16525 Beverly Drive. (p. 43) C. APPROVE SECOND READING OF AN ORDINANCE AMENDING CITY CODE SECTIONS 4.22,4.32,4.33 AND 4.41,RELATING TO THE HOURS LIQUOR MAY BE SERVED (p. 57) D. ADOPT THE REVISED CITY OF EDEN PRAIRIE, STRATEGIC PLAN (p. 60) E. AWARD BID FOR CONSTRUCTION OF THE PURGATORY CREEK RECREATION AREA RESTROOM BUILDING TO AMERICAN LIBERTY CONSTRUCTION (p. 65) F. ADOPT RESOLUTION DECLARING PROPERTY AS "ABANDONED PROPERTY" (p. 66) CITY COUNCIL AGENDA July 1, 2003 Page 2 VH. PUBLIC HEARINGS/MEETINGS A. VACATION OF PART OF THE DRAINAGE AND UTILITY EASEMENT OVER LOT 10,BLOCK 4,BLUFF'S WEST (10386 CONCORD DRIVE),I.C. 03-07 (Resolution) (p. 72) B. EMERSON PROCESS MANAGEMENT ADDITION by Rosemount Inc. Request for Planned Unit Development Concept Review on 58.89 acres,Planned Unit Development District Review on 58.89 acres,Rezoning from Rural to I-5 on 9.2 acres, and Preliminary Plat of 58.89 acres into 2 lots. Location 12001 Technology Drive. (Resolution for PUD Concept Review, Ordinance for PUD District Review, Zoning District Change, Zoning District Change,Resolution for Preliminary Plat) (p. 75) C. SOUTHWEST STATION SIGN by Southwest Metro. Request for Planned Unit Development Concept Amendment on 21.84 acres, Planned Unit Development District Amendment with waivers on 21.84 acres, and Zoning District Amendment in the Commercial Regional Service Zoning District on 12.95 acres. Location: North of Technology Drive, south of T.H. 312 and west of Prairie Center Drive. (Resolution for PUD Concept Amendment, Ordinance for PUD District Review,Zoning District Amendment) (p. 100) VIII. PAYMENT OF CLAIMS IX. ORDINANCES AND RESOLUTIONS A. FINAL PLAT OF EAGLE RIDGE AT HENNEPIN VILLAGE ONE (p. 111) 1. Resolution Rescinding Final Plat of Eagle Ridge at Hennepin Village 2. Resolution Approving Revised Final Plat of Eagle Ridge at Hennepin Village 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 MANAGEMENT AND BUDGET DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR CITY COUNCIL AGENDA July 1,2003 Page 3 E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XIV. OTHER BUSINESS XV. ADJOURNMENT UNAPPROVED MINUTES EDEN PRAHUE CITY COUNCIL WORKSHOP/FORUM TUESDAY,JUNE 17,2003 CITY CENTER 5:00-6:25 PM,HERITAGE ROOM H 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 H I. CALL MEETING TO ORDER Councilmember Mosman was absent. II. APPROVAL OF AGENDA III. DISCUSSION TOPICS A. LEGISLATIVE UPDATE City Manager Scott Neal introduced Senator David Hann,Representative Erik Paulsen, and Representative Peter Adolphson who were invited to share their thoughts on the recently completed State legislative session. Neal said he received a call from Rep. Adolphson saying he would not be able to attend due to illness. Senator Hann said the highlight of the session for him was the legislature's ability to work through the budget issues without raising taxes. Hann said"putting limits on expectations from state government" was at the core of many of the issues discussed this year. Sen. Paulsen agreed that the most daunting task was addressing the deficit—balancing a 6.6%increase in revenues with a projected 14%increase in expenditures. He said the legislature was "putting the brakes on the trends of the `90s." Hann said Minnesota is known for providing many more social services than other states. Despite this year's cuts,he said, "Minnesota will still be#1,but not by as much." Hann said some important legal reforms were passed, including a ban on certain "frivolous"lawsuits. He said this legislation will prove good for both schools and I cities. He noted that the Profile of Learning was also repealed. Hann said he is very excited about the creation of a"reverse auction"system that will be used to purchase everything from legal services to operating supplies. He said the new system is expected to save the state at least$4 million a year. He said the new Personal Protection Act(popularly referred to as "conceal and carry") and an abortion waiting periods were passed after many years of discussion. Hann noted that he went"to bat"for suburbs in resisting permanent cuts in the market value homestead credit for suburban communities. Hann and Paulsen said there are noticeable rural/metro area divisions evident in both the House and the Senate. Hann said there is a great need for the State to focus attention on rural economic development. He said a healthier rural economy will ultimately benefit the metro area. Paulsen said the biggest surprise of the session was the passage of a$900,000 million transportation packet. Councilmember Case asked which issues they had received the most feedback on. Hann and Paulsen both indicated they have heard a lot pro and con on the Personal Protection Act. Case asked if they expect changes to be made to the law. Hann said he is not prepared to call it a"perfect law,"but that it would not be wise to make changes in the heat of the moment. Hann noted that he had taken the training course required to apply for a permit, and that the personal responsibility of the gun owner is stressed. He doesn't believe that the horror stories circulating will come to pass,but assured the Council that the legislature will be keeping an eye on any potential problems. Councilmember Butcher noted that Council received a lot of communication about the issue, even though it was not something they had control over. Case said that, speaking for himself only,he was not pleased with the legislature "telling cities what to do and how to do it." Paulsen said it is actually a misconception that individuals cannot bring guns into the Capitol. He said individuals are only required to inform the Commissioner that they intend to carry a gun, Paulsen said he expects there will be some tweaking of the law,but that the new rules actually strengthen the permitting process. Councilmember Young asked for their views on Hennepin County's stand to restrict the ability to wear a firearm on their premises. Paulsen said he feels that the County will be found legally"out of bounds"on their proposed gun ban. Mayor Tyra-Lukens said that in visiting businesses in Eden Prairie, she has been struck by how many local businesses are owned by national companies that could easily pull out of the area if the economic conditions are not good. She said she has seen a rise in office and warehouse vacancies. She also mentioned that she heard a program on Public Radio that stated that Minnesota's spending is now on the level of that of Mississippi. She said, "That can't possibly be good." She asked what the legislature is doing to retain businesses. Paulsen agreed that this is a big issue, and said that is why the legislature worked so hard not to raise taxes this year. They are also working hard to maintain a high quality of life in the state,and this is why they tried to spare nursing homse and K-12 from major funding cuts. City Manager Neal said he was pleased with Eden Prairie's new Met Council district. He asked what Hann and Paulsen felt was left undone this year that will come up in 2004. Hann said the legislature will have to address the education funding formula. Paulsen said he was surprised he did not hear from the City on the deer population control issue this year. Parks Director Lambert said the City had received feedback from the DNR that they need to follow up on before pursuing the issue. Economic Development Manager Lindahl said transportation is still a huge issue for the area, especially in relation to economic development. Paulsen said it is important to remember that transportation funding is a"one vote"bill and the legislature has to be very realistic about what it requests. Mayor Tyra-Lukens said it would be helpful if the legislators kept Council informed on what is happening in the legislature as bill are being formed. Both Hann and Paulsen said they will try to do more of this in the future. Council Chamber V. I-494 CORRIDOR COMMISSION PRESENTATION Jim Hovland, I-494 Corridor Commission, said a lot has happened since he last updated the Council about a year and a half ago. The Commission's budget has doubled and is now about$342,000 for 2003. Hovland said the Commission is a joint powers organization made up of Eden Prairie, Bloomington,Edina,Minnetonka, Plymouth and Richfield. Its mission is to improve I-494 from the Minnesota River to I-94 . . ." Its two main objectives are lobbying to accelerate the schedule for expansion of I-494 and development of 494 commuter services. Hovland said that although traffic congestion is increasing at a high rate, funding for transportation projects is not keeping pace. Dave Van Hattum reviewed the Travel Demand Management Program,which works to expand commuter choices through car pooling,van pooling,bussing,biking and flexible work arrangements. Partners in this program include Metro Commuter Services,Metro Transit and Southwest Metro Transit, Mn/DOT and various Chambers of Commerce. One new initiative is "interactive ridematching," an online database of thousands of commuters that can be used to set up ride-shares. Accomplishment so far this year include 21 meetings with Eden Prairie employers, 10 commuter fairs, and 200+ commuters added to the rideshare database. VI. OPEN FORUM(Scheduled participants, 6:30-7:00 p.m.) No one spoke at Open Forum. 3 VII. OPEN PODIUM(Unscheduled participants, 6:50-7:00 p.m.) Sharon Stevens,Balsam Lane, said she is a member of the executive committee of the local Sierra Club. She said Sierra Club is partnering with Friends of Birch Island Woods and Friends of the Minnesota Valley to present an Open Spaces Workshop on June 28 at Camp Edenwood. She said the focus of the Workshop is how suburban communities can make better land planning choices. Their goal is to "demystify the process for busy people." Ms. Stevens encouraged the Councilmember to attend the workshop,which is free and open to the public. She said more information on the workshop is available at the Friends of Birch Island Woods web site. VIII. ADJOURNMENT 1 UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY,JUNE 17,2003 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher,Ron Case 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 Mayor Tyra-Lukens called the meeting to order at 7:00 p.m. Councilmember Jan Mosman was absent. II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION Mayor Tyra-Lukens announced 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. 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. She 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. 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. CERT CERTIFICATE CEREMONY Mayor Tyra-Lukens announced that 15 Eden Prairie residents recently completed Citizen Emergency Response Team(CERT)training, which was funded through a federal grant. This training was coordinated by the Eden Prairie Fire Department and Fire Chief and Emergency Preparedness Director George Esbensen. CITY COUNCIL MINUTES June 17,2003 Page 2 Esbensen gave a brief history of the CERT program.He said the CERT concept was developed with the realization that citizens would be temporarily"on their own"during the early stages of a disaster.He said in 1993,more than 8,000 people had been trained in disaster and survival and rescue skills. FEMA then picked up and promoted the program nationwide. He said Eden Prairie, through a citizens' core initiative managed by the Division of Emergency Management,was awarded$41,000 for training of 40 students and establishment of a citizen's core council.Esbensen said the 20-hour training involved disaster preparedness, fire suppression, medical operations, light search and rescue, disaster psychology and team organization. Esbensen then introduced each student and presented them with a CERT Certificate for completing the program. Esbensen also recognized the trainers,program administrator, and Police Department Chief and volunteer coordinator for their efforts. He said another group of 15-20 people will be trained later this summer. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Tyra-Lukens noted there is an amendment with an added item XIV.E.1 approval of a resolution awarding construction contract for I.C. 01-5543 (TH 212 reconstruction at Bryant Lake Drive and Valley View Road) as shown on the goldenrod handout. Case added a report on a neighborhood lot under Councilmembers Reports. City Attorney Ric Rosow clarified that the approval of Item VII.G. on the Consent Calendar should read `approval with such changes as are authorized by the Mayor and City Manager.' MOTION: Case moved, seconded by Young, to approve the Agenda as published and amended. Motion carried 4-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY,JUNE 3, 2003 MOTION: Case moved, seconded by Young, to approve as published, the Minutes of the City Council Workshop held June 3, 2003.Motion carried 3-0. Butcher abstained. B. CITY COUNCIL MEETING HELD TUESDAY,JUNE 3,2003 MOTION: Case moved, seconded by Young, to approve as published,the Minutes of the City Council Meeting held June 3, 2003.Motion carried 3-0. Butcher abstained. VII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. ADOPT RESOLUTION NO. 2003-102 APPROVING FINAL PLAT OF WILLIAMS PLACE CITY COUNCIL MINUTES June 17,2003 Page 3 C. THE BLUFFS AT PURGATORY CREEK by O'Catarais, LLC. 2nd Reading for Planned Unit Development District Review with waivers on 10.55 acres and Zoning District Change from Rural to R1-22 on 10.55 acres. Location: North of the terminous of Center Drive. (Ordinance No. 18-2003-PUD-9-2003 for PUD District Review and Zoning District Change) D. PRAIRIE CENTRE TOWN OFFICE PARK F&D Holdings, LLC. 2nd Reading for Planned Unit Development District Review on 1.8 acres, Zoning District Change from Rural to Office on 1.8 acres, and Site Plan Review on 1.8 acres. Location: Aztec Drive, south of Anderson Lakes Parkway. (Ordinance 19-2003-PUD-10-2003 for PUD District Review, Zoning District Change, Resolution 2003-103 for Site Plan Review) E. ADOPT RESOLUTION NO. 2003-104 AWARDING CONTRACT FOR CHARLSON AREA IMPROVEMENTS—PHASE IV,I.C. 02-5566 F. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SEH FOR CONSTRUCTION SURVEYING AND STAKING FOR TH 212 RECONSTRUCTION AT BRYANT LAKE DRIVE AND VALLEY VIEW ROAD (CSAH 39),I.C. 01-5543 G. APPROVE,WITH SUCH CHANGES AS ARE AUTHORIZED BY THE MAYOR AND CITY MANAGER,A TEMPORARY EASEMENT AGREEMENT WITH MAC FOR CHARLSON AREA IMPROVEMENTS MOTION: Butcher moved, seconded by Case,to approve Items A-G of the Consent Calendar. Motion carried 4-0. VIII. PUBLIC HEARINGS /MEETINGS IX. PAYMENT OF CLAIMS MOTION: Case moved, seconded by Butcher, to approve the Payment of Claims. The motion was approved on a roll call vote,with Butcher, Case,Young and Tyra-Lukens voting"aye." X. ORDINANCES AND RESOLUTIONS A. FIRST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 4,RELATING TO THE HOURS LIQUOR MAY BE SERVED City Manager Scott Neal said this ordinance was prepared at the request of Councilmember Young. He said it would allow businesses serving liquor to do so until 2 a.m. as recently adopted by the State Legislature. He said the City ordinance is not directly tied to the State liquor laws so Council needs to take this action if it wants to allow the new 2 a.m. curfew. He said it is a voluntary closing time and businesses will need to go through a permit process with the state in order to remain open until 2 a.m. CITY COUNCIL MINUTES June 17,2003 Page 4 Neal said the law goes into effect July 1, 2003.He said Bloomington,Minnetonka, Hopkins, St.Louis Park, Chaska, Chanhassen,Shakopee have indicated they will move forward with allowing the 2 a.m. closure, and Edina is the only city indicating they will not. Butcher asked if there would be a need for additional police and security.Neal said there is a possibility of an increased number of drunk drivers and Eden Prairie is adequately staffed to handle that.He said he does not anticipate adding staff for this ordinance change. MOTION: Young moved, seconded by Butcher, to approve the First Reading of an Ordinance amending City Code Sections 4.22, 4.32, 4.33 and 4.41. Motion carried 4-0. Case said he does not remember this issue being raised in a meeting. Young said he received a call from the Chamber of Commerce last week that asked if the Council had considered the legislation. He said there were concerns about neighboring cities approving the curfew and the competitiveness of businesses because of that. Young said he then brought the question to the City Manager. Case said he does not recall ordinance changes being brought up to the Council from one Councilmember individually. He said in the future, as a matter of protocol,it may be helpful to have something like this brought up to Councilmembers first so that all members can consider it before it is addressed. Tyra-Lukens said this issue is unique in that it needs to be addressed in a timely manner to coincide with State law timeframe. Neal said the idea was to bring this up tonight for discussion and possible consensus among Councilmembers prior to voting. Case said he was concerned possibly using an enormous amount of Staff time if issues are brought individually from Councilmembers to the City Manager. He said in the past, it was discussed that possibly the best way to do this with short timeframe items is to contact the Mayor first. XI. PETITIONS,REQUESTS AND COMMUNICATIONS A. PETITION TO EXTEND THE USE HOURS FOR THE BASKETBALL COURT AT FRANLO PARK City Manager Scott Neal said there are two proposals on this item: to change the hours at Franlo Park, the only park facility with hours that vary from the standard 10 p.m. closing; and to move the basketball court outside of the setback so it is a legal park facility. He said both items have been recommended and endorsed by the Park and Recreation and Natural Resources Commission and Staff. Parks &Recreation Director Bob Lambert gave a history on the park.He said it was built in 1985 and homes built around it beginning in 1992. He said there were concerns about noise from the basketball court which resulted in changing of the hours for the court to closing at 8 p.m.He said the Parks Commission recently CITY COUNCIL MINUTES June 17, 2003 Page 5 received a petition with 130 signatures requesting changing the hours to match all other parks in the City. He said the commission agreed with the petitioners and in addition,the commission recommended the issue of the court encroaching 8 feet into the setback also be addressed by the City Council. Lambert said therefore,the request involves eliminating the 8 p.m. closing of the court and eliminating 8 feet of the court that is in the setback.He said cost will be about$6,000. Tyra Lukens stated this is not a public hearing and asked if there was anyone from the audience who may wish to comment on the issue. There were no public comments. MOTION: Young moved, seconded by Butcher,to change the use hours for the basketball court at Franlo Park to be consistent with the use of all other park facilities within that park and, furthermore, to remove eight feet of court surface along the southern boundary of the basketball court and realign the court to an east/west direction to accommodate the setback requirements in a rural zone. Case asked if perhaps there could be some type of sunset clause where this court, when it needs to be redone,would not be there. He said the possibility of changing the tennis court to half tennis/half basketball would not be the best fix. Case said the 8 feet does need to be taken off to comply with City Code and two baskets are best for kids in that neighborhood. Motion carried 4-0. Lambert stated the reason there is no audience comments in support of this is that they may believe it was resolved at the Parks Commission where 60 people attended the first meeting and 30 people attended the second meeting. Lambert said he suggested at the first meeting taking out the tennis courts and residents said they have to wait in line for use of the court now, so do not take it out. In addition, Lambert said many residents supported the basketball court because it is a full court and not half court. XII. REPORTS OF ADVISORY BOARDS & COMMISSIONS XIII. APPOINTMENTS XIV. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS Case reported he received a call from a resident who was concerned about a neighbor's pool backwashing on the utility easement part of her land. Case said he brought it up tonight because he was unsure about landowner's rights with respect to utility easements. B. REPORT OF CITY MANAGER (Item C will follow Item E) D. REPORT OF PARKS AND RECREATION DIRECTOR 9 CITY COUNCIL A]DaTES June 17,2003 Page 6 E. REPORT OF PUBLIC WORKS DIRECTOR 1. ADOPT RESOLUTION NO. 2003-105 AWARDING CONSTRUCTION CONTRACT FOR TH 212 RECONSTRUCTION AT BRYANT LAKE DRIVE AND VALLEY VIEW ROAD (CSAH 39) City Manager Scott Neal said the bid for this was about 26 percent over the engineer's estimate, so there was a need to do additional analysis and discussion with Hennepin County on the bid.He said the project needs to be awarded by the end of this month in order to receive partial funding from Hennepin County.Neal introduced Alan Gray who gave background information on the project and bids received. Gray said it was a difficult project to estimate because of the variety of necessary construction features. In addition,he said the short timeframe of the project was a factor in the bid process because it costs more to complete the project in a short time.He said there were two bids received and they are fairly close in total costs. He said since there is over$1 million in participation from MNDOT and Hennepin County, Staff feels it is appropriate to go ahead with the project at this time. He said although Staff would have liked to see a lower price, Staff believes it is a good project and the City should proceed and award it. It was noted that the City portion will be paid from the Construction and Utility fund. Gray explained the construction fund is the residual from the TIF funds of the major center area, so it is a transportation improvement project that is within the original TIF fund. Case asked what percentage is from utility fund. Gray said there is about$100,000 from the utility fund and the rest out of the old TIF fund. MOTION: Case moved to approve Resolution No. 2003-105 awarding construction contract for I.C. 01-5543 (TH 212 Reconstruction at Bryant Lake Drive and Valley View Road)to Bituminous Roadways,Inc. Seconded by Butcher, motion carried 4-0. C. REPORT OF MANAGEMENT AND BUDGET DIRECTOR 1. 2002 COMPREHENSIVE ANNUAL FINANCIAL REPORT Management and Budget Director Don Uram presented the results of the 2002 financial report. He said there are no reportable conditions and summarized and provided highlights of the report. He said the City received a bond rating upgrade in 2002 from AA2 to AA1 which puts Eden Prairie in the top 5 percent in the country. He said there are plans to receive a AAA bond rating in July,2003.Uram thanked Tammy Wilson, Staff senior accountant, for her efforts on the audit. l� CITY COUNCIL M] UTES June 17,2003 Page 7 F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Case moved, seconded by Butcher,to adjourn the meeting. Motion carried 4-0. Mayor Tyra-Lukens adjourned the meeting at 7:57 p.m. CITY COUNCIL AGENDA DATE: 07/01/03 SECTION: Consent Agenda DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Management and Budget/Planning Donald R. Uram Ingram Property Scott A. Kipp Requested Action Move to: • Approve 2nd Reading of the Ordinance for PUD District Review and Zoning District Change from Rural to R1-13.5 on 5.19 acres; and Approve the Development Agreement for Ingram Property Synopsis This is for ten single family lots. Attachments 1. Ordinance for PUD District Review and Zoning District Change 2. Development Agreement is INGRAM PROPERTY CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 16-2003-PUD-7-2003 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land")is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Rural Zoning District and be placed in the Planned Unit Development R1-13.5 Zoning District 16-2003-PUD-7-2003 (hereinafter "PUD-7-2003-R1-13.5"). Section 3. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of July 1, 2003, entered into between Carlston, Inc. and Todd Ingram and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development Agreement contains the terms and conditions of PUD-7-2003-R1-13.5, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-7-2003-R1-13.5 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-7-2003-R1-13.5 is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-7-2003-R1-13.5 are justified by the design of the development described therein. D. PUD-7-2003-R1-13.5 is of sufficient size, composition, and arrangement that its construction, marketing, and operation are feasible as a complete unit without dependence upon any subsequent unit. 13 Section 5. The proposal is hereby adopted and the land shall be, and hereby is removed from the Rural Zoning District, and placed in the R1-13.5 Zoning District and shall be included hereafter in the Planned Unit Development PUD-7-2003-R1-13.5 and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 6th day of May, 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 1 st day of July, 2003. ATTEST: Kathleen A. Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie Sun Current on Ll EXHIBIT A PUD Legal Description — Ingram Property Legal Description Before Final Plat That part of the South 300.00 feet of the North 900.00 feet of the Northwest Quarter of the Northeast Quarter of Section 30, Township 116,Range 22, lying East of the West 535.00 feet excepting therefrom the road. Legal Description After Final Plat Lots 1 - 10, Block 1, Ingram Property �5 INGRAM PROPERTY CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO. 16-2003-PUD-7-2003 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 at 9500 Stable Path from the Rural Zoning District to the R1-13.5 Zoning District. Exhibit A, included with this Ordinance, gives the fall 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.) 16 DEVELOPMENT AGREEMENT WGRAM PROPERTY THIS DEVELOPMENT AGREEMENT("Agreement")is entered into as of July 1, 2003, by Carlston, Inc., a Minnesota corporation hereinafter referred to as "Developer" and Todd A. Ingram and Michelle L.Ingram, husband and wife, hereinafter referred to as "Owner,"their heirs, successors and assigns, and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City": WITNESSETH: WHEREAS,Developer has applied to City for 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 Rl- 13.5 Zoning District on 5.19 acres, and Preliminary Plat of 5.19 acres into 10 lots and road right-of-way, legally described on Exhibit A(the"Property"); NOW,THEREFORE,in consideration of the City adopting Resolution No. for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review and Zoning District Change from Rural to R1-13.5 on 5.19 acres, Resolution No. for Preliminary Plat,Developer agrees to construct, develop and maintain the Property as follows: 1. PLANS: Developer shall develop the Property in conformance with the materials revised and stamp dated April 29, 2003, reviewed and approved by the City Council on May 6, 2003, (hereinafter the "Plans") and identified on Exhibit B, subject to such changes and modifications as provided herein. 2. EXHIBIT C: Developer agrees to the terms, covenants, agreements, and conditions set forth in Exhibit C. 3. DEVELOPER'S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a violation of City Code relating to use of the Land construction thereon or failure to fulfill an obligation imposed upon the Developer pursuant to this Agreement, City shall give 24 hour notice of such violation in order to allow a cure of such violation, provided however, City need not issue a building or occupancy permit for construction or occupancy on the Land while such a violation is continuing, unless waived by City. The existence of a violation of City Code or the failure to perform or fulfill an obligation required by this Agreement shall be determined solely and conclusively by the City Manager of the City or a designee. 4. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall release, defend and indemnify City, its elected and appointed officials, employees and agents from and against any and all claims, demands, lawsuits, complaints, loss, costs (including attorneys' fees), damages and injunctions relating to any acts,failures to act, errors, omissions of Developer or Developer's consultants, contractors, subcontractors, suppliers and agents. Developer shall not be released from its responsibilities to release, defend and indemnify because of any inspection, review or approval by City. 5. EXISTING CONIMERCIAL USE OF PROPERTY: Owner and City acknowledge that the Owner uses the Property for agricultural uses, including the storage of equipment used on the Property, and commercial uses which are for other than agricultural use on the Property,.including the storage of equipment used for offsite activities. City agrees that such uses of that portion of the Property shown on the Plans as proposed Lots 3 and 4, Block 1 may continue until October 15, 2005, pursuant to the terms of that certain Stipulation and Agreement made between the City and Owner as of January 3, 2000. Owner agrees that all such uses of the that portion of the Property shown on the Plans as proposed Lots 1, 2, 5, 6, 7, 8, 9, and 10, Block 1 will cease prior to release by the City of any final plat for the Property. Owner agrees that all such uses of that portion of the Property shown as proposed Lots 3 and 4 on the Plans will cease no later than October 15, 2005. Developer shall thereafter removethe existing accessory use buildings from the Property after October 15, 2005, but no later than November 30, 2005. If the uses on the Property referred to in the first sentence of this paragraph do not cease on or before October 15, 2005, the Owner agrees that the City will be entitled to a permanent injunction enjoining said uses of the Property. It is the intention and agreement of the parties that all uses of that portion of the Property shown on the Plans as proposed Lots 1, 2, 5, 6, 7, 8, 9, and 10, Block 1 for purposes other than single family residential shall cease upon the release by the City of any final plat for the Property and that all use of the that portion of the Property shown on the Plans as proposed Lots 3 and 4, Block 1 for purposes other than single family residential shall cease on or before October 15, 2005. Developer shall maintain the new public street that will serve the commercial business on the Property. Prior to release of any final plat for the Property, Developer shall provide a maintenance bond for the new public street. This bond shall remain in place until 17 July 1, 2006. 6. GRADING,DRAINAGE,AND EROSION CONTROL PLANS: A. FINAL GRADING AND DRAINAGE PLAN: Developer agrees that the grading and drainage plan contained in the Plans is conceptual. Prior to the release of a land alteration permit for the Property, Developer shall submit and obtain the City Engineer's written approval of a final grading and drainage plan for the Property. The final grading and drainage plan shall include all wetland,wetland buffer strips,wetland buffer monument locations, water quality ponds, storm water detention areas and other items required by the application for and release of a land alteration permit. All design calculations for storm water quality and quantity together with a drainage area map shall be submitted with the final grading and drainage plan. Prior to release of the grading bond, Developer shall certify to the City that the water quality pond conforms to the final grading plan. Developer shall employ the design professional who prepared the final grading plan. The design professional shall monitor construction for conformance to the approved final grading plan and City erosion control policy. The design professional shall provide a final report to the City certifying completion of the grading in conformance the approved final grading plan and City erosion control policy. B. EROSION CONTROL PLAN: Prior to issuance of a land alteration permit, Developer shall submit to the City Engineer and obtain City Engineer's written approval of an erosion control plan for the Property. The erosion control plan shall include all boundary erosion control features,temporary stockpile locations and turf restoration procedures: All site grading operations shall conform to the City's Erosion Control Policy labeled Exhibit D, attached hereto and made a part hereof. Prior to release of the grading bond,Developer shall complete implementation of the approved plan. Developer shall remove any sediment that accumulates in the existing and/or proposed sedimentation pond during construction. Upon request by the City, Developer shall provide preconstruction and post construction surveys for evaluation by City. 7. GRADING IN THE WOODED AREAS ON SITE: Prior to grading within any of the wooded areas on the Property, delineated on the Plans, Developer shall submit to the City Forester and receive the City Forester's written approval of a plan depicting construction grading limits on the Property. Prior to the issuance of any land alteration permit, Developer shall place a construction fence on the approved construction grading limits. Developer shall notify the City and watershed district 48 hours in advance of grading so that the construction limit fence may be field inspected and approved by the City Engineer and City Forester. Developer shall maintain the construction limit fence until written approval is granted by the City to remove the fence. S. HOOK UP TO PUBLIC UTILIMS: : Prior to issuance of any occupancy permit for 19 the Property, Owner shall connect the existing house on Lot 6, Block 1 as depicted on the Plans to public sanitary sewer and water main, and the existing septic systems shall be abandoned and sealed in accordance with City Code requirements and paragraph 13 hereof, which shall be at the expense of the Developer. Provided the existing well does not interfere with the storm water pond identified on the Plans, as determined by the City Engineer, the existing well shall be abandoned on or before October 15, 2005, at which time it will be abandoned and sealed in accordance with City Code requirements and paragraph 13 hereof. The City hereby stipulates that any well located on the proposed Lot 3, Block 1 of the Property does not interfere with the storm water pond identified on the Plans. If the City Engineer determines that any existing well on Lot 4, Block 1 of the Property.interferes with the storm water pond shown on the Plans, prior to issuance of any occupancy permit for the Property, said well shall be abandoned and sealed in accordance with City Code requirements and paragraph 13 hereof. 9. LANDSCAPE PLAN: Prior to building permit issuance, the Developer shall submit to the City Planner and receive the City Planner's written approval of a final landscape plan for the Property depicting a total of 155 caliper inches. The approved landscape plan shall be consistent with the quantity, type, and size of plant materials shown on the landscape plan on the Plans. Developer shall furnish to the City Planner and receive the City Planner's approval of a landscape bond equal to 150% of the cost of said improvements as required by City Code. Prior to issuance of any occupancy permit for the Property, Developer shall complete implementation of the approved landscape plan in accordance with the terms and conditions of Exhibit C. 10. PERFORMANCE STANDARDS: Developer agrees that the Property will be operated in a manner meeting all applicable noise, vibration, dust and dirt, smoke, odor and glare laws and regulations. Developer further agrees that the facility upon the Property shall be operated so noise, vibration, dust and dirt, smoke, odor and glare do not go beyond the Property boundary lines. 11. PUD WAIVERS GRANTED: The city hereby grants the following waivers to City Code requirements within the R1-13.5 District through the Planned Unit Development District Review for the Property and incorporates said waivers as part of PUD A. Lot 1 with 67 feet of frontage on a corner lot. City code requires 100 feet. B. Cul-de-sac length of 635 feet. City code maximum is 500 feet C. Alternative wetland buffer width of 15 feet. City code requires 25 feet. D. 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. (This waiver is temporary and will expire on October 15, 2005). Do 12. REMOVAL OF CHICKEN COOP: Prior to issuance by the City for any grading permit for the Property, Developer shall remove the existing chicken coop from the Property. 13. REMOVAU/SEALING OF EXISTING WELL AND SEPTIC SYSTEMS: Prior to issuance by City of any permit for grading or building on the Property,Developer shall submit to the Chief Building Official and obtain the Chief Building Official's written approval of plans for demolition and removal of existing septic systems and wells on the Property, and restoration of the Property. Prior to such demolition or removal, Developer shall provide to the City a deposit in the amount of$1,000.00 to guarantee that Developer completes implementation of the approved plan. The city shall return to Developer the $1,000.00 deposit at such time as the Chief Building Official has verified in writing that the Developer has completed implementation of the approved plan. Owner shall allow Developer to demolish and remove the existing septic systems and wells on the Property according to the terms and conditions of paragraph 8 above, and perform such restoration as is required by the City. 14. RETAINING WALLS: Prior to issuance by the City of any permit for grading or construction on the Property,Developer shall submit to the Chief Building Official, and obtain the Chief Building Official's written approval of detailed plans for the retaining walls identified on the grading plan in the Plans. These plans shall include details with respect to the height,type of materials, and method of construction to be used for the retaining walls. Developer shall complete implementation of the approved retaining wall plan in accordance with the terms and conditions of Exhibit C, attached hereto, prior to issuance of any occupancy permit for the Property. 15. SPECIAL ASSESSMENT AGREEMENT: Prior to the release of a final plat for any portion of the Property, Developer shall sign an assessment agreement, in the form and substance as attached in Exhibit E, with the City for Stable Path Improvements and Trunk Sewer and Water Assessments(Trunk Improvements). The assessments shall be as follows: (a). The Property will be assessed for Trunk Improvements on 5.19 acres in an amount of$27,766.50. (b). The Property will be assessed for the Stable Path Improvements on a unit basis for a total of 10 units in an amount not to exceed$32,000.00. 16. STREET AND UTILITY PLANS: Prior to issuance by the City of any permit for the construction of streets and utilities for the Property, Developer shall submit to the City Engineer, and obtain the City Engineer's written approval of plans for public streets, sanitary sewer,water and storm sewer. Phase I construction shall include the entire public street and utility installation. Plans for public infrastructures shall be of a plan view and profile on 24 x 36 plan sheets consistent with City standards. A permit fee of five percent of construction ;�k value shall be paid to City by Developer. The design engineer shall provide daily inspection, certify completion in conformance to approved plans and specifications and provide record drawings. 17. TREE LOSS-TREE REPLACEMENT: There are 245 diameter inches of significant trees on the Property. Tree loss related to development on the Property is calculated at 62 diameter inches. Tree replacement required is 20 caliper inches. Prior to the issuance of any grading permit for the Property,Developer shall submit to the City Forester and receive the City Forester's written approval of a tree replacement plan for 20 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. Prior to issuance of any grading permit for the Property, Developer shall furnish to the City Planner and receive the City Planner's approval of a tree replacement bond equal to 150% of the cost of said improvements as required by City Code. Developer shall complete implementation of the approved tree replacement plan prior to occupancy permit issuance. 18. WETLAND PLAN: Prior to release of the final plat for any portion of the Property,Developer shall submit to the Environmental Coordinator and receive the Environmental Coordinator's approval of a Wetland Plan. The approved Wetland Plan shall be consistent with the materials and requirements shown on the Plans and as required by City Code. The Plan shall include the following elements. A. Wetland Buffer Strip Vegetation Evaluation: Developer shall submit to the City a Wetland Buffer Strip Vegetation Evaluation Report(`Buffer Report")in accordance with the Wetland Plan and City Code requirements prior to release of the final plat for any portion of the Property. If the Buffer Report identifies any unacceptable vegetation or other conditions, the wetland buffer strip shall be graded, treated, reseeded and/or replanted (thereon known as "Landscaping", or"Landscaped") by the Developer within 90 days of submission of the Buffer Report. If Landscaping of the wetland buffer strip is required,the Developer shall submit a signed statement by a qualified wetland consultant, as determined by the City Manager, stating that the wetland buffer strip vegetation complies with all City requirements within 30 days of completion of the Landscaping of the wetland buffer strip. Prior to release of the final plat for any portion of the Property,Developer shall submit a signed contract with a qualified wetland consultant, as determined by the City Manager and/or designee, for preparation of a:Annual Wetland and Wetland Buffer Strip Evaluation Report(Annual Buffer Report) that evaluates the condition of the wetland(s) and wetland buffer strip(s). The first Annual Buffer Report shall be submitted no later than November 1 of the calendar year in which construction of the wetland and/or wetland buffer strip is completed and thereafter annually until the final Annual Report is submitted. The Annual Buffer Report shall provide an action plan and proposed cost for correction of any problems identified. The final Annual Buffer Report shall be submitted two full growing seasons following completion of the development and shall evaluate the wetland and wetland buffer strip to determine if the wetland and wetland buffer strip remain in compliance with all City requirements. If any unacceptable conditions or vegetation are identified within the Annual Buffer Reports, the Developer shall correct the area(s) identified within 90 days of submission of the Annual Buffer Report. B. Conservation Easement: Prior to release of the final plat for any portion of the Property,Developer shall submit a Conservation Easement(Exhibit F)for review and written approval by the Environmental Coordinator, for the area delineated on the Plans. Prior to release of the first building permit for the Property, Developer shall submit evidence to the Environmental Coordinator that the approved Conservation Easement has been executed by the owners of the Property platted and has been filed in the Hennepin County Recorder's/Registrar of Titles' Office. . C. Wetland Buffer Strip Monuments: Prior to release of the final plat for any portion of the Property, Developer shall install all wetland buffer strip monuments for the property. Wetland buffer strip monument locations shall be shown on the final grading plan and final plat. The post shall be a fiberglass reinforced composite post with a maximum size of 4 inch by 4 inch (4"x 4") that states "Wetland Buffer: No Mowing Allowed". The post shall be mounted to a height of a minimum of four feet above grade set at least 42 inches in the ground. The bottom of the post must be fitted with an anchor attachment that would expand upon attempted removal. Removal of the wetland buffer strip monuments is prohibited. . D. Wetland Performance Bond: Developer shall furnish to the Environmental Coordinator and receive the Environmental Coordinator's approval of a Wetland Plan performance bond, cash escrow, or letter of credit with a corporation approved by the City Manager or other guarantee acceptable to the City Manager equal to 150% of the cost, as estimated by the City Manager, of completing said Wetland Plan requirements and/or Landscaping as depicted on the Plans and as required by City Code. Said performance bond, cash escrow, letter of credit or other guarantee shall cover costs associated with the Wetland Plan during development and for two full growing seasons following completion of the development. a� IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. DEVELOPER CITY OF EDEN PRAIRIE CARLSTON, INC. Nancy Tyra-Lukens,Mayor 40 By •� Its President Scott H.Neal, City Manager WNE Todd A. Ingr Michelle L. Ingram 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 goin in ment as acknowledged before me d = ay of �,1��- 2003, by, the President of Carlston, Inc., a Minnesota corporation, on behalf of said corporation. " ' JANE E. HOVIND NOTARY PUB.lC•iMF1KSOTA Yr Commission Egk68 Jan.31,M Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this,9,6 th day of 2003, by Todd A. Ingram and Michelle L. Ingram, husband and wife. LAUM Al.1 WAMUIRIG % WatarpRlu Notary Public Wn hrCcmrtani:rS �s EDIT A DEVELOPMENT AGREEMENT—INGRAM PROPERTY Legal Description Before Final Plat That part of the South 300.00 feet of the North 900.00 feet of the Northwest Quarter of the Northeast Quarter of Section 30, Township 116, Range 22, lying East of the West 53 5.00 feet excepting therefrom the road. Legal Description After Final Plat Lots 1 - 10, Block 1, Ingram Property EXIT B DEVELOPMENT AGREEMENT-INGRAM PROPERTY LIST OF MATERIALS 1. Cover Sheet, dated 04/09/03 by Westwood Professional Services, Inc. 2. Preliminary Plat/Existing Conditions, dated 04/08/03 by Westwood Professional Services, Inc. 3. Preliminary Grading and Drainage Plan, dated 04/10/03 by Westwood Professional Services, Inc. A Preliminary Utility Plan, dated 04/10/03 by Westwood Professional Services, Inc. 5. Preliminary Tree Preservation and Landscape Plan, dated 04/02/03 by Westwood Professional Services, Inc. EXIT C DEVELOPMENT AGREEMENT-INGRAM PROPERTY 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 properly deeded to the City. H. 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 PUD, Zoning District Change, and Preliminary Plat 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. V 1. Developer represents that it has marketable fee title to the Property. 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, 03 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. VHL 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. M. 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 Mmnesota 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. XV R. 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. EXIMIT D DEVELOPMENT AGREEMENT-INGRAM PROPERTY EROSION CONTROL POLICY-AUGUST 1, 1997 1. All construction projects permitted by the City of Eden Prairie which results in the temporary disturbance of vegetative or non-vegetative surfaces protecting soils from erosion require the use of Best Management Practices (BMP's) as outlined in the Minnesota Pollution Control Agency's manual,Protecting Water Quality in Urban Areas,to mitigate the impact of erosion on wetland and water resources. The City Engineer or the Director of Inspections may impose special conditions to permits which stipulate erosion control procedures and/or direct the installation of erosion control features or the clean up of erosion at construction sites. Permits affected by this policy include all grading permits, building permits, and permits for the installation of utilities. 2. All erosion control systems stipulated in the permit application shall be installed prior to the issuance of the permit. Supplemental erosion control systems ordered by the City Engineer or the Director of Inspections shall be installed within 48 hours of that order. 3. The applicant must maintain all erosion control systems in a functional condition until the completion of turf and/or structural surfaces, which protect the soil from erosion. The applicant must inspect erosion control biweekly and immediately after each rainfall event of .5 inches or more. Needed maintenance shall be performed within 48 hours. 4. Best Management Practices (BMW'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 alien upon the property to which the permit applies. Invoices more than 30 days old on September 30 or any year or on any other date as determined by the City Engineer or the Director of Inspections may be assessed against the property. As a condition of the permit, the owner shall waive notice of any assessment hearing to be conducted by the City, concur that the benefit to the property exceeds the amount of the proposed assessment and waive all rights by virtue of Minnesota Statute 429.081 or otherwise to challenge the amount or validity of the assessment. I, We, The Undersigned, hereby accept the terms and conditions of the Erosion Control Policy dated August 1, 1997 as set forth and agree to fully comply therewith, to the satisfaction of the City of Eden Prairie,Minnesota. By: By: Owner's Signature Applicant's Signature DEVELOPMENT NAME: Lot: Block: OWNER INFORMATION OwNER(PRINT): ADDRESS CITY STATE ZIP EXIEBIT E DEVELOPMENT AGREEMENT-INGRAM PROPERTY 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 Carlston,Inc. (the "Owner"). A. The Owner holds legal and equitable title to property described as Hennepin County,Minnesota,which property is the subject of this Agreement and is hereinafter referred to as the "Property". B. The owner desires to develop the property in such a manner that relies upon and requires the construction of the following public improvements: 1. City's trunk utility system, including trunk sanitary sewers, trunk watermains, wells and elevated storage facilities, (all of which is hereafter referred to as the "Trunk Improvements). 2. Storm sewer, concrete curb and gutter and bituminous street and trail, within Stable Path adjacent to the Property, (all of which is hereafter referred to as "Stable Path Improvements". 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 consent to the levying of assessments against the Property for the construction,and maintenance of the Trunk Improvements and Stable Path Improvements as follows: a). The Property will be assessed for Trunk Improvements on 5.91 acres in an amount of$27,766.50. b). The Property will be assessed for the Stable Path Improvements on a unit basis for a total of 10 units in an amount not to exceed$32,000.00. 2. The City will prepare a Feasibility Report that will show proposed costs to be assessed against the Property and additional amounts to other lands for the Stable Path Improvements.The actual cost to be assessed against the Property for the Stable Path Improvements may differ from the amount in the Feasibility Report. Actual costs to be assessed against the Property for the Stable Path Improvements shall be determined in the same manner as reported in the Feasibility Report to be prepared with respect to these improvements, but shall not exceed the amount specified in paragraph 1 (b)hereof. 3. For purposes of determining the amount of the assessments, the costs of the Stable Path Improvements shall include,in addition to actual construction costs,administrative,interest and engineering costs and fees incurred or paid by the City in relationship to construction of the Stable Path Improvements and costs incurred for acquisition of easements and or right-of-way,including attorney fees. 4. The City's assessment records for the Property will show the assessments as a "pending assessment"until levied. 5. The Owner waive 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. 6. The Owner concur that the benefit to the Property by virtue of the Trunk Improvements and the Stable Path 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 Statute 429.081 or otherwise to challenge the amount or validity of the assessments, or the procedures used by the City in apportioning the assessments and hereby releases the City, its officers,agents and employees from any and all liability related to or arising out of the imposition or levying of the assessments. 7. This agreement shall be effective immediately. J-1 CARLSTON,INC. CITY OF EDEN PRARUE A Minnesota Municipal Corporation By Its President Nancy Tyra Lukens,Mayor Scott H.Neal, City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2003,by Nancy Tyra-Lukens, the Mayor, and Scott H.Neal,the City Manager, of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of the corporation. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The for going ins ent was cknowledged before me thi9-6-4 day o2003, by the President of Carlston, Inc., a QMiesot�acorporation, on behalf of said corporation. s ■ k amJANE E, NOVIND NOTARY pUBLIC•MINNESOTA My commission ExOO Jan.31,2005 t r EXHIBIT F DEVELOPMENT AGREEMENT-INGRAM PROPERTY CONSERVATION/SCENIC EASEMENT THIS EASEMENT AGREEMENT is made this_day of , 2003 by and between Carlston, Inc., a Minnesota corporation, hereinafter referred to as the "Grantor," and the CITY OF EDEN PRAIRIE, a Minnesota municipal corporation, hereinafter referred to as "City"; WHEREAS, Grantor is the fee owner of land located in Hennepin County,Minnesota, more fully described in Exhibit A, attached hereto and made a part hereof, and said land hereinafter referred to as "the Property"; and, WHEREAS, Grantor has marketable title to the Property, free and clear of all liens, mortgage, and encumbrances, except: WHEREAS, Grantor and City wish to enter into an agreement which will grant to the City a conservancy/scenic easement for conservation and preservation of the terrain and vegetation, and to prohibit certain destructive acts thereon, over that portion of the Property as described in Exhibit B, hereinafter referred to as the "Easement Area", attached hereto; NOW, THEREFORE, in consideration of the premises contained herein, it is agreed by the parties as follows: 1. Grantor hereby conveys to City and its successors and assigns a conservation and scenic easement in,under, on, and over the"Easement Area", and City hereby accepts such conveyance. 2. The following terms and conditions shall apply to the Easement Area: A. The Easement Area shall be preserved predominantly in its natural condition. No trees, shrubs or other vegetation shall be planted or removed from the Easement Area without the prior written consent of the City. The City will consider removal of noxious weeds, as defined by Minnesota Statutes Sections 18.76-18.88, upon submission and approval of a Vegetation Management Plan. No vegetation cutting, fertilizer application or placement of turfgrass, such as Kentucky bluegrass, shall occur within the Easement Area. 36 B. Wetland buffer monuments must be placed at the boundaries of the wetland buffer strip as shown on Exhibit C. Removal of the wetland buffer strip monuments is not allowed. C. No building, road, sign, billboard, utility, or other structures shall be placed in the Easement Area without the prior written consent of City. D. No trash, waste, or other offensive material, soil, or landfill shall be placed upon or within the Easement Area without the prior written consent of the City. E. No change in the general topography of the Easement Area landscape, including, but not limited, to excavation, dredging, movement, and removal or placement of soil, shall be allowed within the Easement Area without the prior written consent of the City. 3. With respect to the Easement Area, Grantor represents and warrants as follows: A. That Grantor has marketable title free and clear of all liens, encumbrances and mortgages. B. That Grantor has not used, employed, deposited, stored, disposed of, placed or otherwise allowed to come in or on the Easement Area, any hazardous substance, hazardous waste, pollutant, or contaminant, including,but not limited to,those defined in or pursuant to 42 U.S.C. § 9601, et. seq., or Minn. Stat., Sec. 115B.01, et. seq. (such substances,wastes, pollutants, and contaminants hereafter referred to as "Hazardous Substances"); C. That Grantor has not allowed any other person to use, employ, deposit, store, dispose of, place or otherwise have, in or on the Easement Area, any Hazardous Substances; D. That no previous owner, operator or possessor of the easement area, deposited, stored, disposed of, placed, or otherwise allowed in or on the Easement Area any Hazardous Substances; Grantor agrees to indemnify, defend and hold harmless City, against any and all loss, costs, damage and expense, including reasonable attorneys fees and costs that City incurs because of the breach of any of the above representations or warranties and/or resulting from or due to the inaccuracy or falsity of any representation or warranty herein. 4. Grantor agrees to maintain the Easement Area subject to the provisions stated herein. 5. The duration of this easement is perpetual and shall bind and inure to the benefit of 3� the parties, their successors, and assigns. 6. Nothing contained herein shall impair any right of City now held or hereafter acquired to construct or maintain public utilities in or on the Easement Area. IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. GRANTOR CITY OF EDEN PRAIRIE CARLSTON,INC. r � Nancy Tyra-Lukens,Mayor Its President Scott H. Neal, City Manager STATE OF NIINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 72003, 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 NIINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing inst ment w s acknowledged before me thj; day of 2003, � the President of Carlston, Inc., a esota corporation, on behalf of said corporation. JANE E. NOVIND i NOTARY PUBLIC•WMNNESOTA My Commission Expires Jan.$1.2045 r s 3a EDIT A "THE PROPERTY" Z�D EXHIBIT B "EASEMENT AREA" EXHWIT C "EASEMENT AREA" DIAGRAM �a CITY COUNCIL AGENDA DATE: 7/01/03 SECTION: Consent Agenda DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Management and Budget/Planning Donald R.Uram William A. Small Property Scott A. Kipp Requested Action Move to: • Approve the Development Agreement for the William A. Small Property Synopsis This is a PUD Concept approval only for nine single-family lots. Attachments 1. Development Agreement �J DEVELOPMENT AGREEMENT WILLIAM A. SMALL PROPERTY THIS DEVELOPMENT AGREEMENT("Agreement")is entered into as of July 1,2003,by The Pemtom Land Company,a Minnesota corporation,hereinafter referred to as"Developer,"its successors and assigns,and the CITY OF EDEN PRAIRIE, a municipal corporation,hereinafter referred to as "City": WITNESSETH: WHEREAS, Developer has applied to City for Planned Unit Development Concept Review on 5 acres, legally described on Exhibit A(the"Property"); NOW, THEREFORE, in consideration of the City adopting Resolution No. 2003-91 for Planned Unit Development Concept Review,Developer agrees to construct,develop and maintain the Property as follows: 1. PLANS: Developer shall develop the Property in conformance with the materials revised and stamp dated April 10, 2003, reviewed and approved by the City Council on May 20, 2003, (hereinafter the "Plans") and identified on Exhibit B, subject to such changes and modifications as provided herein. 2. EXHIBIT C: Developer agrees to the terms, covenants, agreements, and conditions set forth in Exhibit C. 3. FUTURE DEVELOPMENT: Developer acknowledges that the City has approved aPUD Concept only for the Property, as depicted in the Exhibit B Plans. The PUD Concept plan anticipates a rezoning of the Property to R1-13.5 when public sewer and water is available. - I � All lots will be required to take access from the proposed internal road, with no direct access to Beverly Drive or Eden Prairie Road. Developer shall be required to submit detailed development plans to rezone the Property. Any future development of the Property will require public sewer and water, and rezoning of the Property based on review and approval of detailed development plans by the Community Planning Board and City Council through a public hearing process. 4. OWNERS' SUPPLEMENT TO DEVELOPMENT AGREEMENT: The Owners' Supplement to this Agreement executed by and between the City of Eden Prairie and the following are attached hereto and made a part hereof: A. William A. Small 5. SANITARY SEWER AND WATER AVAILABILITY: Developer acknowledges that public sewer and water is not available to serve the Property or the surrounding area, and no plans or feasibility study has been developed to extend public sewer and water to the Property or surrounding area. The earliest these services could be available is 2005. However, the City is under no obligation to extend public sewer and water. Developer further acknowledges that development of the Property requires connection to public sanitary sewer and water services. Prior to any development of the Property,public sanitary sewer and water services must be extended to serve to the Property. The Property will be subject to trunk sewer and watermain assessments at the time of development. 6. FUTURE IMPROVEMENTS TO EDEN PRAIRIE ROAD AND BERVERLY DRIVE: Improvements to Eden Prairie Road and Beverly Drive will occur in the future adjacent to the Property, including streets, storm sewer, sanitary sewer, watermain, sidewalk, and trails. Feasibility studies will be prepared by the City that will determine proposed costs to be assessed against the Property and other lands for the improvements to Eden Prairie Road and Beverly Drive. H5 IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. DEVELOPER CITY OF EDEN PRAIRIE The Pemtom Land Company,Inc. By By Its Nancy Tyra-Lukens Its Mayor By By Its Scott H.Neal Its City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2003, by Nancy Tyra-Lukens and Scott H.Neal,respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2003,by ,the ,of The Pemtom Land Company,Inc., a Minnesota corporation, on behalf of the corporation. Notary Public i L46 EXHIBIT A DEVELOPMENT AGREEMENT -WILLIAM A. SMALL PROPERTY Legal Description Before Final Plat Lot 4, Block 2, CEDAR HILLS WEST, according to the recorded plat thereof, Hennepin County, Minnesota. Legal Description After Final Plat Lots 1 through 3, Block 1, Lots 1 through 6, Block 2, William Small Property EXHIBIT B DEVELOPMENT AGREEMENT—WILLIAM A. SMALL PROPERTY THE PLANS Cover Sheet dated 4/9/03 by Westwood Professional Services,Inc. Preliminary Plat/Existing Conditions dated 1/17/03 by Westwood Professional Services, Inc. Preliminary Grading,Drainage &Erosion Control Plan dated 1/17/03 by Westwood Professional Services, Inc. Preliminary Utility Plan dated 1/17/03 by Westwood Professional Services,Inc. Preliminary Tree Preservation&Landscape/Tree Replacement Plan dated 1/17/03 by Westwood Professional Services, Inc. EXHIBIT C DEVELOPMENT AGREEMENT—WI1LLL4,M[A. SMALL PROPERTY I. Prior to release of any building permit, Developer shall submit to the City Engineer for approval two copies of a development plan(V=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: William A. Small 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. / 9 B. That Developer has not used, employed, deposited, stored, disposed of, placed or otherwise allowed to come in or on the Dedicated Property,anyhazardous 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.,See. 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 or warranties and/or resulting from or due to the release or threatened release of Hazardous Substances which were,or are claimed or alleged to have been,used, employed,deposited, stored, disposed of, placed, or otherwise located or allowed to be located, in or on the Dedicated Property by Developer, its employees, agents, contractors or representatives. VIII. Developer acknowledges that Developer is familiar with the requirements of Chapter 11, Zoning,and Chapter 12,Subdivision Regulations,of the City Code and other applicable City ordinances affecting the development of the Property. Developer agrees to develop the Property in accordance with the requirements of all applicable City Code requirements and City Ordinances. IX. Prior to release of the final plat,Developer shall pay to City fees for the first three(3)years' street lighting on the public streets adjacent to the Property(including installation costs, if any, as determined by electrical power provider), engineering review, and street signs. X. Developer shall submit detailed water main, fire protection, and emergency vehicle access plans to the Fire Marshal for review and approval. Developer shall follow all the recommendations of the Fire Marshal. XI. Developer acknowledges that the rights of City performance of obligations of Developer contemplated in this agreement are special, unique, and of an extraordinary character, and that, in the event that Developer violates, or fails, or refuses to perform any covenant, condition, or provision made herein, City may be without an adequate remedy at law. Developer agrees,therefore,that in the event Developer violates,fails,or refuses to perform any covenant, condition, or provision made herein, City may, at its option, institute and prosecute an action to specifically enforce such covenant, withhold building permits or rescind or revoke any approvals granted by the City. No remedy conferred in this agreement 50 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 %Z by 6 inch sign or decal reading "Scenic/Conservation Easement Boundary,City of Eden Prairie",will be affixed to the top of the post. EXHIBIT D DEVELOPMENT AGREEMENT—NVILLIAM A. SMALL PROPERTY EROSION CONTROL POLICY-AUGUST 1, 1997 1. All construction projects permitted by the City of Eden Prairie which results in the temporary disturbance of vegetative or non-vegetative surfaces protecting soils from erosion require the use of Best Management Practices(BMP's)as outlined in the Minnesota Pollution Control Agency's manual,Protecting Water Quality in Urban Areas,to mitigate the impact of erosion on wetland and water resources. The City Engineer or the Director of Inspections may impose special conditions to permits which stipulate erosion control procedures and/or direct the installation of erosion control features or the clean up of erosion at construction sites. Permits affected by this policy include all grading permits,building permits,and permits for the installation of utilities. 2. All erosion control systems stipulated in the permit application shall be installed prior to the issuance of the permit. Supplemental erosion control systems ordered by the City Engineer or the Director of Inspections shall be installed within 48 hours of that order. 3. The applicant must maintain all erosion control systems in a functional condition until the completion of turf and/or structural surfaces, which protect the soil from erosion. The applicant must inspect erosion control biweekly and immediately after each rainfall event of .5 inches or more. Needed maintenance shall be performed within 48 hours. 4. Best Management Practices(BMP's)shall be utilized at all construction sites to minimize the trackage or spillage of soil on public streets or highways. BMP's may include,but are not limited to,rock construction entrances,washing stations,frequent cleaning of streets adjacent to the construction site or limiting operations when site conditions are unmanageable. Trackage or spillage of soil on a public street or highway must be cleaned by power sweepers within the time frame stipulated in the permit special conditions or as ordered by the City Engineer or the Director of Inspections. 5. If erosion breaches the perimeter of a construction site, the applicant shall immediately develop a clean up and restoration plans, obtain the right-of-entry from the adjoining property owner, and implement the clean up and a restoration plan within 48 hours of obtaining the adjoining property owner's permission. In the event eroded soils enter onto or are tracked or spilled on a public street,highway,sidewalk or trail,the applicant shall remove the soil material and thoroughly sweep the street or sidewalk surface within four hours. If eroded soils enter,or entrance appears imminent,into wetlands or other water bodies,clean up and repair shall be immediate. The applicant shall provide all traffic control and flagging required to protect the traveling public during the clean up operations. 6. When an applicant fails to conform to any provision of this policy within the time stipulated in a written notification,the City may take the following actions: sa a. Withhold the scheduling of inspections and/or the issuance of a Certificate of Occupancy or other approvals. b. Direct the correction of the deficiency by City personnel or separate contract. C. Withhold the issuance of building permits d. At its option,institute and prosecute an action to enjoin violations of this Agreement and/or an action to specifically enforce performance of this Agreement The issuance of a permit constitutes a right-of-entry for the City or its contractor to enter upon the construction site for the purpose of correcting deficiencies in erosion control. All costs, including but not limited to, attorneys' fees and engineering fees incurred by the City in correcting erosion control deficiencies or enforcing this policy shall be reimbursed by the applicant. All invoices for erosion control correction shall be due and payable within 30 days. Invoices not paid within 30 days shall accrue interest at a rate of 1%per month or the highest legal rate. Each charge for correction of erosion deficiencies shall be a lien upon the property to which the permit applies. Invoices more than 30 days old on September 30 or any year or on any other date as determined by the City Engineer or the Director of Inspections may be assessed against the property. As a condition of the permit, the owner shall waive notice of any assessment hearing to be conducted by the City, concur that the benefit to the property exceeds the amount of the proposed assessment and waive all rights by virtue of Minnesota Statute 429.081 or otherwise to challenge the amount or validity of the assessment. I,We,The Undersigned,hereby accept the terms and conditions of the Erosion Control Policy dated August 1, 1997 as set forth and agree to fully comply therewith, to the satisfaction of the City of Eden Prairie, Minnesota. By: By: Owner's Signature Applicant's Signature DEVELOPMENT NAME: Lot: Block: OWNER INFORMATION OWNER(PRINT): ADDRESS CITY STATE ZIP 63 OWNERS' SUPPLEMENT TO DEVELOPMENT AGREEMENT BETWEEN THE PEMTOM LAND COMPANY,INC., AND THE CITY OF EDEN PRAIRIE THIS AGREEMENT,made and entered into as of July 1,2003,by and between William A. Small, an individual, ("Owner"), and the CITY OF EDEN PRAIRIE ("City"): For, and in consideration of, and to induce City to adopt Resolution No. for Planned Unit Development Concept Review,as more fully described in that certain Development Agreement entered into as of July 1,2003,by and between The Pemtom Land Company,Inc.,aMinnesota corporation,and City ("Development Agreement"), Owner agrees with City as follows: 1. If The Pemtom Land Company,Inc.,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 from the completion of the installation of public utilities to serve the Property,Owner shall not oppose the City's reconsideration and rescission of Resolution No. for Planned Unit Development Concept Review,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. 51 IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. OWNER CITY OF EDEN PRAIRIE By William A. Small Nancy Tyra-Lukens Its Mayor By Scott H.Neal, Its 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 12003,by William A. Small, an individual. Notary Public 55 EDIT A OWNERS' SUPPLEMENT Legal Description Before Final Plat Lot 4, Block 2, CEDAR HILLS WEST, according to the recorded plat thereof, Hennepin County, Minnesota. Legal Description After Final Plat Lots 1 through 3, Block 1, Lots 1 through 6, Block 2, William Small Property CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: 7/l/03 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Second Reading of Ordinance Amending City Office of the City Manager Code Sections 4.22,4.32,4.33 and 4.41, IT ,C . Relating to the Hours Liquor May Be Served Requested Action Move to: Approve the Second Reading of an Ordinance amending City Code Sections 4.22, 4.32, 4.33 and 4.41. Synopsis The Council approved the first reading of the Ordinance changing for closing time for on-sale liquor establishments from 1:00 a.m. to 2:00 a.m. at the June 17, 2003 meeting. Background The State Legislature adopted new legislation during their 2003 session that will allow a change in the closing time for establishments selling on-sale liquor from 1:00 a.m. to 2:00 a.m. The new statute becomes effective on July 1, 2003. The legislation requires that a city must affirm the change to 2:00 a.m. if its local City Code is not directly tied to the liquor provisions of State Statute. The legislation also requires the liquor license holder to receive a special permit from the State. Eden Prairie's liquor regulations are not directly tied to State Statute. Therefore, if the City Council desires to allow the new 2:00 a.m. closing time to become effective in Eden Prairie, the Council must adopt an enabling ordinance. Attachments Ordinance CITY OF EDEN PRAIRTEF HENNEPIN COUNTY,MEXNESOTA ORDINANCE NO. -2003 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE SECTION 4.22 BY AMENDING THE HOURS DURING WHICH BEER MAY BE SOLD; AMENDING CITY CODE SECTION 4.32 BY AMENDING THE HOURS DURING WHICH LIQUOR MAY BE SOLD; AMENDING SECTION 4.33 BY AMENDING SUNDAY SALES; AND AMENDING SECTION 4.41 BY AMENDING THE HOURS DURING WHICH WINE MAY BE SOLD. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,NIINNESOTA, ORDAINS: Section 1. City Code Section 4.22 is amended by adding the following: For all purposes set forth above, the hours during which beer may be sold are extended to 2:00 a.m. for licensees who obtain a permit from the Commissioner of Public Safety under Minnesota Statutes § 348.504 as amended from time to time. Section 2. City Code Section 4.32 is amended by adding the following: For all purposes set forth above, the hours during which liquor may be sold are extended to 2:00 a.m. for licensees who obtain a permit from the Commissioner of Public Safety under Minnesota Statutes § 348.504 as amended from time to time. Section 3. City Code Section 4.33 is amended by adding the following: For all purposes set forth above, the hours during which liquor may be sold are extended to 2:00 a.m. on Mondays for licensees who obtain a permit from the Commissioner of Public Safety under Minnesota Statutes § 348.504 as amended from time to time. Section 4. City Code Section 4.41 is amended by adding the following: For all purposes set forth above, the hours during which wine may be sold are extended to 2:00 a.m. for licensees who obtain a permit from the Commissioner of Public Safety under Minnesota Statutes § 348.504 as amended from time to time. Section 5. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 4.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim herein. Section 6. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 17' day of June, 2003, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of 52003. Kathleen Porta, City Clerk Nancy Tyra-Lukens,Mayor PUBLISHED in the Eden Prairie News on the day of , 2003. CITY COUNCIL AGENDA DATE: July 1,2003 SECTION: Consent DEPARTMENT: ITEM DESCRIPTION: ITEM NO.: Office of the City Manager Adoption of the City of Eden Prairie Strategic Plan Michael Barone, Assistant to the City Manager Requested Action Move to: Adopt the revised City of Eden Prairie Strategic Plan. Synopsis At the June 2, 2003, City Council work session, after some discussion and a few relatively minor changes and improvements,the City Council endorsed a final version of the Strategic Plan. (attached) Background Information In January 1999, the City Council developed and implemented a document entitled Vision 2001 —A Strategic Direction. This working document encompassed a Community Vision and Values statements comprised of five general themes, and a strategic plan to guide the City Council and City staff s decision-making process. In February 2003, as a follow-up to that document, the City Council, City Manager, Department Directors, and key staff in the Office of the City Manager department began to look at the strategic direction the City has taken since Vision 2001. The Council reflected on its current state and most recent accomplishments, and looked ahead at what the challenges and critical questions will be over the next few years. The Council's new Strategic Plan includes a Vision Statement, a Mission Statement, a set of Core Beliefs, and a list of Key Objectives that will guide its actions. The four main objectives of revising the City's Strategic Plan were defined as the following: 1) Assess the current situation and update the existing Strategic Plan;not begin anew. 2) Reflect and discuss with the City Council, City Manager,Department Directors, and key staff in the Office of the City Manager department, a way to develop statements of critical issues and a strategic vision for.the next few years. 3) Have the City Council articulate their strategic initiatives as directions to staff. 4) Update work plans for city-wide action to implement the revised Strategic Plan. On Friday, February 8, 2003, at the 2-day Strategic Planning Sessions, the evening began with Mike Barone presenting a review of the accomplishments completed from the previous Strategic Plan,Vision 2001, and reviewed the status of the City Councilmember's Goals for 2002. The 60 five department directors gave reports on where each of their departments are now, and what they see in the future as challenges and opportunities. On Saturday,February 9, 2003,Ms. Barbara Raye,Executive Director of the Center for Policy, Planning, and Performance,Minneapolis,MN; facilitated the session to develop the Council's vision for Eden Prairie. The discussions focused on the current state of the City,what are the challenges the Council sees for the next few years,what outcomes the Council wants as a result of this planning process, and what are the critical questions the Council will face for the upcoming planning period. At the City Council Workshop on Tuesday,April 8, 2003, the City Council reviewed the first draft of the proposed Strategic Plan. The Strategic Plan has a Vision Statement, a Mission Statement, Core Beliefs, and Key Objectives. The template for creating this draft is based on the Strategic Plan developed by the National League of Cities. Eventually, `Strategies' and `Tactics' will be developed by staff for each Key Objective, and this will become the working document to guide staff towards meeting the goals of the Strategic Plan. Eden Prairie Strategic Plan Vision Statement Eden Prairie is a vibrant city characterized by the thoughtful integration of natural beauty and physical development that creates a highly desirable place for its residents and businesses. [Defined: The Vision Statement of an organization is a clearly articulated statement by the organization's leadership of what the organization aspires to be in the future.] Mission Statement Eden Prairie's city government will foster respect for the past, plan for the future, and deliver high quality public services that contribute to a strong sense of community. [Defined: The Mission Statement of an organization is a clearly articulated statement by the organization's leadership which explains what the organization will do to accomplish the organization's vision statement.] Eden Prairie Stratemic Plan Core Beliefs We believe in . . . . . 1. . . . the Constitutions of the United States and the State of Minnesota. 2. . . . the Codes and Ordinances of the City of Eden Prairie, Minnesota. 3. . . . representative and participatory local government. 4. . . . the value of public service, both paid and voluntary. 5. . . . adherence to high ethical standards of behavior. 6. . . . civility and mutual respect. 7. . . . the value of diversity in all aspects of our organization. 8. . . . anticipating the needs of our citizens and planning to meet those needs. 9. . . . careful evaluation of the fiscal implication of our public policy decisions. 10. . . . the responsibility of government to inform citizens of its actions. 11. . . . innovation in government with a preference for incrementalism over quantum change. 12. . . . the principle of sustainability when making public policy decisions. 13. . . . strategic partnerships with other public or private organizations that will enable the City to accomplish its mission. 14. . . . recognizing the distinct roles that different levels of government occupy, and respecting their unique ability to provide the services they are empowered to deliver. , [Defined: An organization's core beliefs are a statement of the fundamental principles and truths which the organization's leadership has established to be at the heart of the manner in which the City's mission is accomplished in the community.] Eden Prairie Strategic Plan Kev Ob_i ectives 1 . The City will preserve and enhance Eden Prairie's high quality of life. 2. The City will deliver high quality public services effectively and efficiently. 3. The City will create and promote a positive community identity. 4. The City will manage its resources responsibly. [Defined: An organization's key objectives are statements which clearly state the organization's intentions and plans for accomplishing a key component of the organization's mission statement.] - 1 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar July 1,2003 DEPARTMENT. Ppr From: Stuart A. Fox, manager of ITEM DESCRIPTION: Approve Bid for ITEM NO.: Parks&Natural Resources Purgatory Creek Recreation Area Restroom Through: Robert A. Lambert Building - Director of Parks&Recreation Requested Action Motion: Move to award the bid for the construction of the Purgatory Creek Recreation Area restroom building to American Liberty Construction, Inc. at a bid of $154,500. Synopsis Earlier this year, the staff brought a plan before the City Council to construct a restroom building at the Purgatory Creek Recreation Area. A design was done by Delano Erickson Architects that would use several of the design elements that were already being incorporated into the Phase H plans for this downtown park area. The project was advertised and the staff received three bids for the building on June 24, 2003. A summary of those bids is as follows: • American Liberty Construction, Inc $154,500 • Ebert Construction $156,700 • Prestige Builders $199,300 There were also some add and deduct alternates that were incorporated in the bid tabulation; however, the base bid came in under the architect's construction estimate of $170,000. Therefore, the staff is not recommending any of add or deduct items and, therefore, they are not listed in this memo. SAF:mdd b� CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar July 1,2003 DEPARTMENT: ITEM DESCRIPTION: ITEM NO.: Police Department Resolution Declaring"Abandoned Property" Gary J. Therkelsen v' � Requested Action Move to: Adopt resolution declaring property as "abandoned property." Synopsis The Eden Prairie Police Department has accumulated a quantity of bicycles, stereo/electronic equipment, yard ornaments and miscellaneous items that remain unclaimed. City Code 2.86 Subd. 2, Disposal of Unclaimed Property, requires adoption of a resolution by City Council to declare unclaimed property that has been in the possession of the City for over 90 days as "abandoned property." Background Information In the course of municipal operations, the Eden Prairie Police Department's Evidence/Property Room has several items that have lawfully come into its possession that remain unclaimed by the owners and have been in its possession for at least 90 days. In accordance with City Code Section 2.86 Subdivision 2 C., the Police Department would like to dispose of this property by sale to the highest bidder at a public auction through the City of Eden Prairie. In addition, in accordance with City Code 2.86 Subdivision C, the Police Department would like to convert certain items for City use. Attachments Resolution-Declaration of Abandoned Property List of Abandoned Property for Auction List of Abandoned Property for Conversion to City Use CITY OF EDEN PRAIRIE HENNEPIN COUNTY,NVHNNESOTA RESOLUTION NO. 2003- DECLARATION OF ABANDONED PROPERTY WHEREAS, City Code 2.86 Subd. 2 requires adoption of a resolution by City Council to declare unclaimed property such as bicycles, stereo/electronic equipment, yard ornaments, and miscellaneous items as "abandoned property;" and WHEREAS,the property has lawfully come into the possession of the City in the course of municipal operations; and WHEREAS,the property remains unclaimed by the owners; and WHEREAS,the property has been in the possession of the City for over 90 days. NOW THEREFORE, BE IT RESOLVED that the City of Eden Prairie declares the unclaimed property as "abandoned property." ADOPTED by the Eden Prairie City Council on July 1, 2003. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen Porta, City Clerk Abandoned Property for Auction Category Case Number Description Amplifier (R) 2002044731 Kenwood Amplifier Auto Parts (W) 2002002452 Items 1 -Tire Iron Auto Parts (W) 2002002452 Item #2 - Black Auto Jack Basketball (S) 2002016784 Basketball Bicycle (B) 2002018321 Chrome/Blue Mtn Style Bicycle (B) 2002018659 Copper (Orange) Mountaintrack Series Bicycle (B) 2003003683 Turquoise/Blue Clifhanger 21-Speed Ladies Bicycle Bicycle (B) 2003007550 Red/Black frame Boys BMX Magna Bike w/blk Seat Bicycle (B) 2003002057 Silver Dirt Bike =Trick Style, Royce Union Slash FS Bicycle (B) 2003001927 Black XG Vert BMX Bicke w/blue chain lock XGames K0203 Bicycle (B) 2003002055 Red Mtn Bike w/Shocks, 18-speed, Roadmaster Mtn Storm Bicycle (B) 2002019420 Green BMX Style Bike, "Rogue" Bicycle (B) 2002020731 Red Schwinn "Cruiser" Bike Bicycle (B) 2002021626 Maroon Boys Murray "Ultra Terrain" Bicycle Bicycle (B) 2002022149 Blue Boys Free Spirit Bike, All Terrain Rock Bicycle (B) 2002023073 Gray Mens 10-Speed Randor"Sportlite" Series Bicycle (B) 2002025528 Blue Azuki Sebring Bike Bicycle (B) 2002025649 Blue/Black Magna Electroshock w/Bottle Holder & (2 Bicycle (B) 2002026828 Red w/Yellow Lettering, Mens Firenze GL5000, 15 Sp Bicycle (B) 2002027844 Blue Mens Schwinn LeTour Tourist Bike Bicycle (B) 2002028268 Black M-30 Raleigh Mountain Bike Bicycle (B) 2002028726 Purple Girls Bike w/Water Bottle Bicycle (B) 2002030703 Black Childs Bike Bicycle (B) 2002030703 Purple "Color'N Cruise"Childs Bike Bicycle (B) 2002032447 Orange/White/Black Magna Great Divide - Mens Mtn B Bicycle (B) 2002035467 Silver Boys Vertical XL-2 Bicycle w/Shocks Bicycle (B) 2002035789 Gray Mongoose "Expert Comp", Rear Tire has Red Str Bicycle (B) 2002035976 Purple Girls Freespirit AT1800 Bicycle Bicycle (B) 2002036862 Red Schwinn Highplains Bicycle w/Gold Lettering & Bicycle (B) 2002042729 Yel/Red/Blk Schwinn Mesa Bicycle (B) 2002044960 Blue Magna Mountain Bike W/Bottle Attachment Mount Bicycle (B) 2002045564 Next Burgandy/Silver/Black/White All Terrain Bicycle, 21-spd,w/combo I Bicycle (B) 2003000161 Red Schwinn Traveler 10-speed Bicycle Camera (C) 2001015202 Item #1 - Red 1-Zone Pocket Camera Car Stereo (R) 2002024504 Infinity- Car Stereo -AM/FM/Cassette Report Date: 6/26/2003 �j/q © 1 Abandoned Property for Auction Category Case Number Description Car Stereo (R) 2002024504 AM/FM Car Stereo CD Case 2002026804 Black CD Case CD Case 2002027914 Black CD Case (w/47 CD's) CD Case 2002027914 Blue/Black CD Case (w/approx 90 CD's) CD Player (R) 2003001112 Yellow Sony CD Player, Walkman CD Player (R) 2003001112 Silver RCA MP3/CD Player CD Player (R) 2001038076 Portable CD Player CD Player (R) 2002044731 Panasonic CD Player & Faceplate Clothing (D) 2002037980 Sketchers Brown Boots Clothing (D) 2001035210 Clothing Items Clothing (D) 2002045121 Misc Clothing -warm up clothes Compact Disc (Y) 2001038076 (5) CD's Compact Disc (Y) 2002026804 Approx (50) CD's (in Black Case-it Case) Compact Disc (Y) 2002027914 (47) CD's (in Black "Caselogic" Case) Compact Disc (Y) 2002027914 Approx 90 CD's (in Blu/Blk"Caselogic" case) Discman (R) 2002044356 Sony CD Car Discman Flag 2002025415 Scooby Doo Flag Golf Bag/Equipment (S) 2001033435 Pitching Wedge Hat (S) 2001035044 Stocking Cap Jacket (D) 2002045821 Mens Blk Leather Jacket-Size L Laminator (0) 2001015202 Item#1-Laminator Necklace 2002030694 Silver Necklace (New York Yankee) Saddle (S) 2003005837 Saddle, Bridles & Horse Blankets Report Date: 6/26/2003 6 f� 2 �= Abandoned Property for Auction Category Case Number Description Scooter (S) 2002026311 Aluminum w/orange wheels & handbar grips Stuffed Animal 2002030703 Stuffed Animal Subwoofer (R) 2002044731 Kenwood Subwoofers (1) Pair Walkman (R) 2002037980 (1) Black Sony AM/FM Walkman Yard Ornaments (Y) 2003000416 Yard Ornament- Large Plastic "Tigger" (Item #1) Yard Ornaments (Y) 2003000416 (1) Yard Ornment- Small Plastic "Tigger" (Item #3) Yard Ornaments (Y) 2003000416 (1) Yard Ornament- Small Plastic Mini Mouse (Item #4) Yard Ornaments (Y) 2003000416 (1) Yard Ornament- Small Plastic Mickey Mouse (Item #5) Yard Ornaments (Y) 2003000416 (1) Yard Ornament- Small Plastic Pooh Bear (Item #6) Yard Ornaments (Y) 2003000416 (1) Yard Ornament- Small Plastic Snowman (Item #7) Yard Ornaments (Y) 2003000416 (1) Yard Ornament- Small Christmas Wreath w/Lights (Item #9) Yard Ornaments (Y) 2003000416 Yard Ornaments - (4) Plastic Candy Canes w/Wire (Item #10) Yard Ornaments (Y) 2002041150 Inflatable Orange Pumpkin Report Date: 6/26/2003 �� 3 Abandoned Property for Conversion to City Use Category CaseNumber Description Backpack (Y) 2003001708 Backpack Battery N 2000011581 4 Size "C" batteries CD Player 2002036179 CD Player Currency- Cash/Coin (T) 2003010040 6- $1 Bills Currency- Cash/Coin (T) 2001030925 $.32 in change Currency- Cash/Coin (T) 2002040057 $51 in Cash Drivers License (P) 2002023788 Fake ID - Drivers License Drug Paraphernalia (Y) 2003002230 Digital Scale (Item #3) - Pocket-Tech 150 Flashlight N 2002022282 Flashlight Gun - Other (G) 2000003931 Camouflage Case Gun - Other (G) 2003007895 Purple/Silver Paintball Gun Gun - Other (G) 2003007895 Black/Grey Eradicator Paintball Gun #2259 Gun - BB/Pellet (G) 2003005639 BB Gun & Bag of Pellets Scanner (R) 2003002275 Uniden Bearcat 800 mhz Scanner Screwdriver 2002043417 Screwdriver Screwdriver N 2002044093 Black Handled Screwdriver (Item #1) Screwdriver N 2001027164 Screwdriver, Yel/Blk Handle Shovel 2002018771 (3) Shovels Sign (Y) 2002045052 (1) Warning Light Traffic Barricade & Lights Tools-Other N 2002022282 (2) Screwdrivers Tools-Other N 2002045816 Various Tools (from inside toolbox) Tools-Other N 2003006929 Misc Tools Tools-Other N 2002016842 Misc Tools Tools-Other N 2002018771 Blue/Yellow Garden Tool Traffic Cones 2002045052 (5) Orange Traffic Cones 06/26/2003 � � 1 CITY COUNCIL AGENDA DATE: SECTION: Public Hearing My 1,2003 DEPARTMENT: ITEM DESCRIPTION: Vacation 03-07 ITEM NO.: Engineering Vacation of Part of the Drainage and Utility Dave Olson Easement over Lot 10,Block 4,Bluff's West A (10386 Concord Drive) (Published 06/12/03; Sent to 6 propL owners) Requested Action Move to: 1. Close the public hearing and 2. Adopt the resolution vacating part of the drainage and utility easement over Lot 10, Block 4,Bluff s West. Synopsis The property owner has requested this vacation to allow construction of a garage and sport court. The area requested for vacation was:originally envisioned as a shallow temporary ponding area. The property was used for this purpose for a short time until storm sewer improvements eliminated the need for short term ponding on this lot. Attachments Vacation Drawings 02003 Westwood Professional Senoices.inc. EA SEMEN T VA CA TION SKETCH . 1 1 NW corner—,,,,,,. L.V i v 1 1 of Lot 10 S82 9„ -'' •'r;�...^•�`..03077.'00"E 172.58 I ,4 I •��~- NE corner R I s1p= of Lot 10 1 LOT 110 Q �?.,s:';'t,`•:;: '.\.y.t:•6it, � I /_� ��`e�+,tr p Q •K R e.- ,b K:..��•:', F'.Y,—'r.;^`a J ITT`.':� ° Q I Y;7:Ct.•tlt«,t.1�z:[.^ .r:��:.r.a�:..1"^,,.r,�.; `1•T,• -(}.�:.a r� E line of upi I o ' s..1;•• ;i;x ai}• .^ :.; Lot 10 p _i+`i..lj ya r^'"i ' ••''y'c;`\^ ^:'ran•,'.•`a."' ''i' O 's),.r..'.t.r �ti. ,..:::N ii •6fi]�.•i"<•'::�''~ 1.'T:4. •.,:..y-i:ti:"` �.'A:•`;N'" ':,r 4:ah,i�y l�rj^ a�;' O I Qit ...], t' , x rn i .Ybo is ?.:� ,•]' \- ,. :��.:. V s:.t '"•r, i.4•"•:" U,•''y"L7iakc5y a}ti. •e, ... .t• ti:t'".' �: rp t�:::rt r�4ti;6a�i,.s;,. ,i ;,'•'.;.Y ti.. F. •tf.•) IA I LL I '`"�_•yw; ` ;,:;c:t'—:a°';< '��;-"��i<{3rtiih;.6t���`�k.^ t}y�V}lLt�1..,.. .�v ^� •:4:Fi•'�s'h:::o:F"�L::••" tr^�'��c.hs"r °� �? ..'T•''�. • G :[y. .y`M1�?(,;;: O.!r.'.i'�i i.to°T Q$�••�'", !T .��','-.y�vt` C.'.,`'+i•:. ^4-C}4j N 'N.:'t:r.^• WL::� V .• .tr;v;• / E::a �':.4t ti:N •'f:. "'.��.. .:�tiPj: Y,���;.yT~I:CY:\4 el.r'..1�:'•;:'_.j i .ii�4"; ..t�i.f � Z. " .\aeihry„\ ki.O..:"�,i:i::: ,,f_.iv:i i :.:1:•d:,.Ap / `�,.i;� �4 Y,� :�•Q•: �Cy`+L/ 4 t' .Wr��;1. Y:1•�Y.�.i .fit :,•.'w.1rt�2'i'a)v}'t i':!•u i"j.h•`}`'Syr .^t`{V,Y yr0 .:;1%ti• 7.tj E: :?.^"i5�F:1�• 4::.5',:i�;•"ry;+,y:r.,..'ai,:y'hT^• ty"•i•''..+.`', �4 ?�i�"49.::4K2rti=°r,'ki2r"•�.;?'••'�::4;;t..v.•;•ii`iS�j:. D z=;•x r; SE line of S83°23'40"E ^49,g3 Lot 10 I PROPOSED EASEMENT VACA77ON LEGAL DESCRIP770N.• That part of the drainage and utility easement as shown and dedicated on Lot 10, Block 4, BLUFF'S WEST, according to the recorded plat thereof Hennepin County, Minnesota, lying easterly Scale: 1"=30 feet of the Williams Pipeline Easement per Document No. 2992481. Bearings based on assumed datum. tying 10.00 feet northwesterly and westerly of the southeasterly and easterly line of sold Lot 10 and lying southerly of a the following described lino Beginning at a point on"the east line of said Lot 10, distant REOUES7E0 BY., 115.52 feet southerly of the northeast corner thereof; th - northwesterly to a point on the west line of said Lot 1 tNtJ.WF Todd & Ann Myhre 65.00 feet southerly of the northwest corner thereof B,c� line there terminating. T REGISTERED PROFESSIONAL UiNDSURMOR Nly Westwood Professional Services,Inc. I hereby certify that this sur s F HDMd 7599 Anagram Drive by me or under my direct su and th Eden Prairie,MN 55344 1 am d y used Lond Su S Phone:9521937-5150 Fax:952/937-5822 to are of I s Martini. We r, AL9.• Dote License No. 2043-« —7 Drawn by. NTS D°Ie: 5129103 Job No.20OJ2544 CITY OF EDEN PRAIRIE - HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. VACATION OF DRAINAGE AND UTILITY EASEMENT IN BLUFF'S WEST VACATION 03-07 WHEREAS,the City of Eden Prairie has a certain drainage and utility easement described as follows: That part of the drainage and utility easement as shown and dedicated on Lot 10, Block 4, Bluffs West, according to the recorded plat thereof Hennepin County, Minnesota, lying easterly of the Williams Pipeline Easement per Document No. 2992481, lying 10.00 feet northwesterly and westerly of the southeasterly and easterly line of said Lot 10 and lying southerly of the following described line: Beginning at a point on the east line of said Lot 10, distant 115.52 feet southerly of the northeast corner thereof; thence northwesterly to a point on the west line of said Lot 10, distant 65.00 feet southerly of the northwest corner thereof and said line there terminating. WHEREAS, a public hearing was held on July 1, 2003, 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 easement is 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 easement 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 July 1, 2003. ATTEST: Nancy Tyra-Lukens,Mayor SEAL Kathleen A.Porta, City Clerk -7y CITY COUNCIL AGENDA SECTION: Public Hearings DATE: 7/1/03 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Management and Budget/Planning Donald R.Uram Emerson-Rosemount Michael D. Franzen Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for Planned Unit Development Concept Review on 58.89 acres; and • Approve 1" Reading of the Ordinance for Planned Unit Development District Review with and Change from Rural to I-5 on 9.2 acres; and • Adopt the Resolution for Preliminary Plat of 58.89 acres into 2 lots; and • Direct Staff to prepare a Development Agreement incorporating Staff and Board recommendations and Council conditions; and Synopsis The project is a subdivision of 58.89 acres into two lots and a rezoning of 9.2 acres from Rural to I-5. Community Planning Board Recommendation The Community Planning Board voted 7-0 to recommend approval of the project at its June 9, 2003 meeting with the following conditions. 1. Dedication of a road easement. 2. The road would be constructed when any of the following occur. • Rezoning, Guide Plan Change, Subdivision, or major building expansion initiated by the property owner. • Construction of the 494 interchange and closing of Technology Drive. 3. A shoreland building setback waiver from 200 feet to 100 feet. An Impervious surface waiver from 35% to 70%. Parking setback waiver from 10 feet to zero feet for proposed Lot 1. Background Road Easement The City and MnDot have been studying options for a full access with I-494 at TH 212/Flying Cloud Drive. All issues considered, the most feasible option calls for closing the east end of Technology Drive at TH 212. In order to provide dependable, two-way __+6 City Council Public Hearings—Emerson-Rosemount July 1,2003 Page 3 access to existing and future businesses in the area, it is critical to plan for a connection between Technology Drive and Single tree Lane. The City can by statute require a dedication of right of way only as part of an approval of a subdivision of land. Although this would be the preferred method of providing for a future road, there appears to be a mutual advantage to a road easement. With a road easement, the land within the easement can be included to determine the allowable building square footage. Land within road right of way cannot be used to calculate allowable building square footage. The easement area would cover approximately 2 acres. For an industrial use this means between 26,000 to 43,560 square feet of building. For commercial uses this means 17,424 to 34,848 square feet of building. Although there may be other appropriate locations that would work for a road easement, the westerly 80 feet of the existing transmission easement makes sense, since it is unlikely that any structure would be built within the existing easement. The staff is open to alternative locations for the road easement at this time or relocating the easement at the time of future development in a manner that would maximize the development potential of the property. Shoreland Waivers The shoreland waivers for building setback and impervious surface were not identified as part of the application but were requested by Emerson Rosemount at the public hearing. The shoreland setback waiver from 200 feet to 100 feet is similar to other waivers granted for buildings around Lake Idlewild. Approval of this waiver should be based on a conservation easement to protect the existing oak trees and the wetland adjacent to the lake. The impervious surface waiver from 35 % to 70% is similar to other sites adjacent to the lake. Approval should be based on the construction of a stormwater treatment pond as part of any future redevelopment or building expansion of the property. The parking setback waiver is for the visitor parking near the main entrance on proposed Lot 1. These parking spaces currently use a common driveway which provides access to both buildings. There is room to relocate these spaces on the lot without a waiver. This waiver may be temporary if Lot 1 is sold to Costco, and if the City approves the Costco plan Attachments 1. Resolution for PUD Concept 2. Resolution for Preliminary Plat 3. Community Planning Board minutes dated June 9, 2003 4. Staff report dated June 6, 2003 5. Correspondence dated May 29, June 9, and June 25,2003 -7(; EMERSON PROCESS MANAGEMENT ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2003- A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF EMERSON PROCESS MANAGEMENT ADDITION FOR ROSEMOUNT,INC. WHEREAS,the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development(PUD) Concept of certain areas located within the City; and WHEREAS, the Community Planning Board did conduct a public hearing on June 9,,2003 by Rosemount,Inc.,and considered their request for approval of the PUD Concept plan and recommended approval of the request to the City Council; and WHEREAS,the City Council did consider the request on July 1, 2003. NOW,THEREFORE,BE IT RESOLVED by the City Council of Eden Prairie,Minnesota, as follows: 1. Emerson Process Management Addition, being in Hennepin County, Minnesota, legally described as outlined in Exhibit A,is attached hereto and made a part hereof. 2. That the City Council does grant PUD Concept approval as outlined in the plans dated June 20, 2003. 3. That the PUD Concept meets the recommendations of the Community Planning Board dated June 9, 2003. ADOPTED by the City Council of the City of Eden Prairie this 1 st day of July,2003. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen Porta, City Clerk -77 EXHIBIT A PUD Concept-Emerson Process Management Addition LEGAL DESCRIPTION—PRELIIi I NARY PLAT Parcel 1: The East 687.5 feet(as measured at right angles) of the Northeast % of the Northwest 1/ of Section 14, Township 116,Range 22, except that part lying Southerly of a line drawn from a point in the East line of said Northwest 14 of the Northwest %, distant 76.2 feet North of the Southeast corner thereof, to a point in the South line of the Northwest 1/ of the Northwest 1/, distant 700 feet West, as measured along said South line, from the Southeast corner thereof, and also except that part platted as IDLEWILD OFFICE CENTER. Parcel 2: That part of the Northeast 1/ of the Northwest % of Section 14, Township 116, Range 22, lying West of the East 1,132.5 feet thereof(as measured at right angles), except that part lying within the following: That part of the North %2 of the Northwest 1/ of Section 14, Township 116, Range 22, described as follows: Commencing at the point of intersection of the North line of Section 14 and a line parallel with and 812.5 feet West of the East line of said Northwest 1/;.-thence South along said parallel line 322.1 feet; thence Westerly deflecting to the right 90°02'50" a distance of 212.8 feet to actual point of beginning of the tract of land to be described; thence continuing Westerly along last described course 144.33 feet; thence at a right angle South 210.3 feet; thence at a right angle West 24 feet; thence at a right angle South 30 feet; thence at a right angle East 168.33 feet; thence at a right angle North 240.3 feet to actual point of beginning. Parcel 3: The East %2 of the East %2 of the Northwest % of the Northwest % of Section 14, Township 116, Range 22. Parcel 4: The West 320 feet of the East 1,132.5 feet (as measured at right angles) of the Northeast 1/ of the Northwest % of Section 14, Township 116, Range 22, except that part lying within the following: That part of the North 1/2 of the Northwest 1/ of Section 14, Township 116, Range 22, described as follows: Commencing at the point of intersection of the North line of Section 14 and a line parallel with and 812.5 feet West of the East line of said Northwest %; thence South along said parallel line 322.1 feet; thence Westerly deflecting to the right 90102'50" a distance of 212.8 feet to actual point of beginning of the tract of land to be described; thence continuing Westerly along last described course 144.33 feet; thence at a right angle south 210.3 feet; thence at a right angle West 24 feet; thence at a right angle South 30 feet; thence at a right angle East 168.33 feet; thence at a right angle North 240.3 feet to actual point of beginning. Subject to highway easement in State Highway No. 5. Parcel 5: A strip of land One Hundred Twenty-five feet(125') in width across the Northeast Quarter (NE %) of the Northwest Quarter(NW 14) of Section Fourteen (14), Township One Hundred Sixteen (116), Range Twenty-two (22)the center line of said land being a line drawn parallel with and distant Seven Hundred fifty feet (750') from the East line thereof, except that part thereof included in the following described tract: Commencing Seventy-six and Two Tenths feet (76.2')North of the Southeast comer of said Northeast Quarter(NE 14) of Northwest Quarter(NW %); thence South to the Southeast corner thereof; thence West Seven Hundred feet (W 700'); thence Northeasterly to a point Seventy-six and Two Tenths feet (76.2')North of the Southeast comer of said Northeast Quarter (NE %) of Northwest Quarter(NW 1/), according to the United States Government Survey thereof. Parcel 6: The West 1/2 of the East 1/2 of the Northwest 14 of the Northwest 14 of Section 14, Township 116, Range 22 West of the 5`h Principal Meridian. Subject to the right of way for West 78 h Street. Parcel 7: That part of the North 1/2 of the Northwest % of Section 14, Township 116, Range 22, described as follows: Commencing at the point of intersection of the North line of Section 14 and a line parallel with and 812.5 feet West of the East line of said Northwest 14; thence South along said parallel line 322.1 feet; thence Westerly deflecting to the right 90°02'50" a distance of 212.8 feet to actual point of beginning of the tract of land to be described; thence continuing Westerly along last described course 144.33 feet; thence at a right angle South 210.3 feet; thence at a right angle West 24 feet; thence at a right angle South 30 feet; thence at a right angle East 168.33 feet; thence at a right angle North 240.3 feet to actual point of beginning. Hennepin County, Minnesota M1:984746.01 LEGAL DESCRIPTION—REZONL tG Parcel 6: The West %2 of the East'/2 of the Northwest 1/ of the Northwest 14 of Section 14, Township 116, Range 22 West of the 5`h Principal Meridian. Subject to the right of way for West 78t' Street. OU EMERSON PROCESS MANAGEMENT ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2003- RESOLUTION APPROVING THE PRELIMINARY PLAT OF EMERSON PROCESS MANAGEMENT ADDITION FOR ROSEMOUNT,INC. BE IT RESOLVED,by the Eden Prairie City Council as follows: That the preliminary plat of Emerson Management for Rosemount,Inc.,dated June 20,2003,and consisting of 58.89 acres into 2 lots, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 1st day of July, 2003. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen A.Porta, City Clerk U � Planning Board Minutes June 9, 2003 Page 2 V. PUBLIC HEARINGS A. EMERSON PROCESS MANAGEMENT ADDITION by Rosemount Inc. Request for Planned Unit Development Concept Review on 58.89 acres, Planned Unit Development District Review on 58.89 acres, Rezoning from Rural to I-5 on 9.2 acres, and Preliminary Plat of 58.89 acres into 2 lots. Location 12001 Technology Drive. Evan Rice presented the project. He stated the site is composed of 7 lots zoned I-5 and 9 acres zoned Rural. He said there are two buildings on the property, one is 158,367 s.f. and the other is 116,995 s.f. Rosemount Inc., plans to consolidate its operations into the larger of the two buildings. They are considering changing the use of the second building. He said they plan to donate the other building to the Emerson Charitable Trust for its eventual sale. He stated the request is for rezoning of the 9 acres to the west to be consistent with the Guide Plan. There is an agreement between Costco and Emerson Charitable Trust which is contingent on the subdivision approval. If Costco doesn't purchase the property, Rosemount will eventually sell the property. There is a plan to continue the bituminous sidewalk west across the property. Rosemount has agreed to a conservation easement over the lake and a trail easement. Rosemount is not in agreement with the proposed roadway easement. It would run 80 x 164 feet through an existing transmission easement. Rosemount has reservations as to providing the easement including: 1) Location corresponds with existing primary driveway. Would have to reconfigure how to enter and exit the building and property. 2) Don't see the roadway as being imminent. None of the MnDot guide documents show anything happening in the next 5 - 10 years. 3) Rosemount has agreed to the trailway and conservation easements and the bituminous trailway. Franzen stated the City and MnDot have been studying options for a full access with I-494 at TH 212/Flying Cloud Drive. All issues considered, the most feasible option calls for closing the east end of Technology Drive at TH 212. In order to provide dependable, two-way access to existing and future businesses in the area, it is critical to plan for a connection between Technology Drive and Single Tree Lane. This area is already encumbered by a powerline. The staff is open to other locations for the road easement. Franzen stated one of the questions is when would the road be built. If Rosemount decided to subdivide, change zoning or do a guide plan change, etc.; that would be one of the triggers to build the roadway. Rosemount is asking for a 50 foot setback 30'� Planning Board Minutes June 9,2003 Page 3 waiver. Staff would support a 100 foot setback from Idlewild Lake, subject toa conservation easement. This would protect vegetation and trees. Staff would also support an impervious surface waiver to 70%. Staff is recommending approval according to the recommendations on page four of the staff report. Al Gray, City Engineer, showed an aerial photo of the site and described the location of the roadway. Gray stated that if there is a guide plan change and Costco locates there, it will create additional traffic. This interchange would be very convenient for the whole commercial area and since Costco is a regional business it will pull customers from a larger geographic area. Traffic will be using Technology Drive which is already congested. He said transportation fits well with the transmission easement which could include a parking lot or a roadway. The corridor lines up well with Technology Drive and Single Tree Lane. He stated that when a corridor is planned and is taken as an easement,this differs from taking it as a road right-of-way. Foote asked if there was any other way to place a roadway through the property. Gray responded that because of changes in grade, certain areas would be very difficult to utilize for a roadway. Steppat asked about the property to the southof the corridor not owned by Emerson Process. He asked what would need to be done to get the road through that property. Gray responded, it would include acquisition of the corridor which would impact parking areas for the businesses. This would include some type of mitigation for them. Brooks asked whether this would impact any other property in the area. Gray responded the bowling alley and a Watertower apartments. Sutherland asked if the reconfiguration of the I-494/212 interchange is necessary for the closing of Technology Drive and the connection of Technology to Single Tree Lane. Gray responded there are several alternatives but this one is the preferred one. It's necessary to establish the easement and define the triggers. This is not something that will be done immediately. The money isn't available in the next year or so. There are more projects that need to be done with the major center fund than can be done with the funds available. Robert Emhoff of 8704 Greer Lane, President of American Baptist Homes of the Midwest, stated that his business is located contiguous to Technology Drive. He said he is concerned about the density of development in the area such as Lincoln Parc and the Watertower projects. Because of these dense developments, there is not a lot of green space remaining in this area of the city. He said further development of the area would have a profound impact because most of his employees use Flying Cloud Drive. He said he is concerned about the effects Costco would have if they built in the area and he doesn't believe they are needed in 1�?3 Planning Board Minutes June 9,2003 Page 4 Eden Prairie. He stated the traffic on Technology Drive would be significantly increased and the traffic light system at the intersection of Technology Drive and Flying Cloud Drive is not set up for this kind of traffic. The area needs to be maintained as it is with the current conservation easement and 200 foot setback. Evan Rice stated they want to keep the discussion as it related to Rosemount, not to Costco. He said while Emerson Process is not against the corridor, Rosemount wants to continue their current use of the property. The concern is that they be assured there are appropriate triggers in place so that only when the I-494/212 interchange is upgraded and Technology Drive is closed will the roadway be built. Rosemount would like to use their land the way they see fit, including the green space. Sutherland stated that in reference to Rosemount wanting to keep the current driveway as opposed to a roadway, it would seem to be a minor adjustment for those entering the site. Mr. Rice responded that the roadway will cut off access to the entire northwest part of the property where there are walking paths,picnic areas with a picnic pavilion and tennis courts utilized by employees. At a minimum, Rosemount would need to reconfigure the use of the building to allow for traffic circulation. Steppat stated he believes in the vision of a downtown Eden Prairie which involves redevelopment. He said there is no good access to I-494 from that area of the city. He said the City needs to look at the future and plan for it. This option will do that by having the easement in place. Sodt asked about the reference in the letter for the springing easement which is triggered by an event. He asked if there is a legal basis for this type of easement. Mr. Rice responded the use of the easement rights are contingent on a prerequisite event which would occur first. In this case, it would be the upgrading of I-494/212 and the closing of Technology Drive. Sodt asked if this then would be legal and binding. Mr. Rice responded it would. Sodt stated the 10 foot waiver parking lot setbacks should not be given up. He asked if a temporary waiver would be granted and binding. The City should have the right to enforce the waiver in the future. Franzen responded it would be unique to Rosemount's use of the property. The waiver is based on the current use and a new owner would not get the benefit of that. Seymour asked if an easement isn't granted and Emerson was purchased or merged, could the City not come back and get the easement until the new owners did something with the property. Franzen responded that the City can by statute only require a dedication of right-of-way as part of an approval of a subdivision of land. Although this would be our preferred method of providing for a future road, there appears to be a mutual advantage to a road easement. With a road easement, the ` z4 Planning Board Minutes June 9,2003 Page 5 land within the easement can be included to determine the allowable building square footage. Land within road right-of-way cannot be used to calculate allowable building square footage. The easement area would cover approximately 2 acres. MOTION by Steppat, second by Foote to close the public hearing. MOTION by Steppat. second by Foote to approve the Planned Unit Development Concept Review on 58.89 acres, Planned Unit Development District Review on 58.89 acres, Rezoning from Rural to I-5 on 9.2 acres, and Preliminary Plat of 58.89 acres into 2 lots, based on plans dated April 18, 2003, subject to the recommendations of the staff report dated June 6, 2003. Motion carried,7-0. Franzen suggested the Board make a separate motion that includes triggers for the roadway. Also, whether the City would consider a shoreland setback of 100 feet and impervious surface of 70% for Lot 2. This waiver would be similar to those granted for other projects in the area. Brooks asked if staff had discussed triggers with Rosemount. Franzen responded yes. Foote asked about triggers and the fact that Rosemount controls them. He asked if a minor building expansion would be a trigger. Franzen responded no, but a large expansion would require a site plan review before the Board and Council again. Gray added the triggers are not for the easement but construction of the roadway. He said it would be extremely unlikely if they expanded that it would trigger the roadway. Stoelting asked for input from Board members as to sending a message to the City Council on the waiver and easement. Sutherland stated that a motion to reconsider can be to change the original motion or call for a revote, it just brings it up again. MOTION by Sodt, second by Sutherland,to reconsider the motion. The Board voted to reconsider the motion: Vote: Brookes, Foote, Sodt, Sutherland and Stoelting voted aye. Seymour and Steppat voted nay. Motion carried,5-2. MOTION by Sodt, second by Foote, to approve the Planned Unit Development Concept Review on 58.89 acres, Planned Unit Development District Review on 58.89 acres, Rezoning from Rural to I-5 on 9.2 acres, and Preliminary Plat of 58.89 acres into 2 lots, based on plans dated April 18, 2003, subject to the recommendations of the staff report dated June 6, 2003; Staff and Council will negotiate an easement which would allow for roadway construction when one of the 75 Planning Board Minutes June 9,2003 Page 6 following occurs: subdivision, rezoning, guide plan change, or building expansion on Lot 2 or construction of a full access with I-494/212 and the closing of Technology Drive; and granting a waiver to allow a setback of 100 feet from Lake Idlewilde and an increase in the impervious surface from 35%to 70%. MOTION by Sutherland, second by Foote, to amend the motion to include deleting requirement 1C on page 4 of the staff report regarding the 10 foot setback to parking. Motion carried,7-0. U� STAFF REPORT TO: Community Planning Board FROM: Danette M. Moore THROUGH: Michael D. Franzen, City Planner DATE: June 6, 2003 SUBJECT: Emerson Process Management Addition APPLICANT/ OWNER: Rosemount Inc. LOCATION: 12001 Technology Drive REQUEST: 1. Planned Unit Development Concept Review on 58.89 acres 2. Planned Unit Development District Review with waivers on 58.89 acres 3. Zoning District Change from Rural to I-5 on 9.2 acres. 4. Preliminary Plat of 58.89 acres into 2 lots. 137 Area Location Map - Emerson Process Management Addition - 12001 Technology Drive 494 Highway #5 Technology Drive SITE Eden Road Prairie Center Drive Single Tree Lane 0 1e Staff Report—Emerson Process Management Addition June 6,2003 Page 2 BACKGROUND The Comprehensive Guide Plan shows this site as Industrial. Surrounding land is guide Industrial to the north,Commercial to the east and south,and office to the west.The east 49.69 acres of this site is zoned I-5 Industrial. The west 9.2 acres is zoned Rural. PRELIMINARY PLAT The preliminary plat shows the subdivision of 58.89 acres into two lots.Proposed Lot 1 is 18.1 acres. Proposed Lot 2 is 34.7acres. Both lots meet the 5.0 acre lot size requirement for the I-5 industrial zoning district. Both buildings meet all setback requirements from property lines. The base area and floor area ratio requirement is 0.30. Proposed Lot 1 is 0.15. Proposed Lot 2 is 0.10. The parking requirement for the building on proposed Lot 1 is 313. There are 355 parking spaces shown on the plan. The parking requirement for the building on proposed Lot 2 is 547. The plan shows 747 on the plan. REZONING The west 9.2 acres of proposed Lot 1 is zoned rural. The rezoning to I-5 Industrial would be consistent with the guide plan and would allow the existing building to expand, subject to site plan approval by the Community Planning Board and City Council. Costco is currently working with Emerson Rosemount to purchase proposed Lot 1. Costco will appear at the June 23, 2003 Community Planning Board meeting for a guide plan change to commercial and zoning change to commercial for proposed Lot 1. MORELAND Proposed Lot 2 is in a Shoreland Area defined by the Department of Natural Resources. Lake Idlewild is a Recreational Development Water. The required building setback is 200 feet from the high water mark of the lake. The shore impact zoned is 100 feet from the lake and no grading or removal of vegetation is permitted. Impervious surface is limited to 35%of the lot. A conservation easement should be required to protect the 100 foot shore impact zone. This will also protect a wetland adjacent to the lake. Staff Report—Emerson Process Management Addition June 6,2003 Page 3 ACCESS The City and MnDot have been studying options for a full access with I-494 at TH 212/Flying Cloud Drive. All issues considered,the most feasible option calls for closing the east end of Technology Drive at TH 212.In order to provide dependable,two-way access to existing and future businesses in the area, it is critical to plan for a connection between Technology Drive and Single tree Lane. The City can by statute require a dedication of right of way only as part of an approval of a subdivision of land. Although this is the preferred method of providing for a future road, there appears to be a mutual advantage to a road easement. With a road easement, the land within the easement can be included to determine the allowable building square footage.Land within road right of way cannot be used to calculate allowable building square footage. The easement area would cover approximately 2 acres. For an industrial use this means between 26,000 to 43,560 square feet of building. For commercial uses this means 17,424 to 34,848 square feet of building. Although there maybe other appropriate locations that would work for a road easement,the west 80 feet of the existing transmission easement makes sense, since it is unlikely that any structure would be built within the existing easement. The staff is open to alternative locations of the road easement at this time or relocating the easement at the time of future development in a manner that would maximize the development potential of the property. Although the road easement will be required as a condition of subdivision approval,the road would not be constructed until any of the following redevelopment actions occur: • A future subdivision of proposed lot 2. • A future rezoning of proposed lot 2. • A future guide plan change of proposed lot 2. • A building expansion on proposed lot 2. • The construction of a full access with I-494 and TH 212/Flying Cloud Drive and the closing of the east end of Technology Drive. Emerson-Rosemount does not want to provide a road easement at this time,but would provide one in the future if the land is subdivided,rezoned, or guide plan changed. TRAILS An 8 foot wide bituminous trail should be constructed along Technology Drive. A trail easement should be provided along Lake Idlewild. GO Staff Report—Emerson Process Management Addition June 6,2003 Page 4 PLANNED UNIT DEVELOPMENT WAIVERS The following waivers are required through the Planned Unit Development: • Side yard setback to parking from 10 to 0 feet. This is created by the location of the new lot line. Parking can be removed to meet this requirement and still meeting the requirement for number of parking spaces. Proposed lot 1 has 42 more parking spaces than the code requires. SUMMARY The rezoning of the west 9.2 acres of proposed Lot 1 to I-5 would be consistent with the guide plan and zoning of the east 49.69 acres of the property. Either road right of way or road easement should be required at this time. The easement benefits the property owner and the City because it allows more development potential. Subdivision is the mechanism for obtaining right of way or easements. STAFF RECOMMENDATION Staff recommends approval of the following: • Planned Unit Development Concept Review on 58.89 acres • Planned Unit Development District Review with waivers on 58.89 acres • Zoning District Change from Rural to I-5 on 9.2 acres. • Preliminary Plat of 58.89 acres into 2 lots. This approval is based on plans dated April 18, 2003, subject to the recommendations of this Staff Report, and the following: 1. Prior to City Council review,the proponent shall: A. Modify the preliminary plat to show an 80 foot easement for road purposes. B. Modify the preliminary plat to show a Conservation Easement over the 100 foot shore impact zone. C. Modify the preliminary plat to meet the 10 side yard setback to parking. 2. Construct an 8 foot wide bituminous trail along Technology Drive. 3. Provide a trail easement adjacent to Lake Idlewild. GI May 29,2003 Evan B.Rice Faegre &Benson LLP 2200 Wells Fargo Center 90 South Seventh Street Minneapolis,Mn. 55402-3901 Fax 612-766-1600 Re: Road Easement-Rosemount Dear Mr. Rice: Thanks for taking time to discuss the road easement across the Emerson-Rosemount site. I am responding to your request for a letter indicating the reasons for the easement, the size and location of the easement, and the actions that would trigger the construction of a road within the easement. The City and MnDot have been studying options for a full access with I-494 at TH 212/Flying Cloud Drive. All issues considered, the most feasible option calls for closing the east end of Technology Drive at TH 212. In order to provide dependable, two-way access to existing and future businesses in the area, it is critical to plan for a connection between Technology Drive and Single tree Lane. The City can by statute require a dedication of right of way only as part of an approval of a subdivision of land. Although this would be our preferred method of providing for a future road, there appears to be a mutual advantage to a road easement. With a road easement, the land within the easement can be included to determine the allowable building square footage. Land within road right of way cannot be used to calculate allowable building square footage. The easement area would cover approximately 2 acres. For an industrial use this means between 26,000 to 43,560 square feet of building. For commercial uses this means 17,424 to 34,848 square feet of building. Although there may be other appropriate locations that would work for a road easement, we chose the westerly 80 feet of the existing transmission easement, since it is unlikely that any structure would be built within the existing easement. We are open to alternative locations of the road easement at this time or relocating the easement at the time of future development in a manner that would maximize the development potential of the property. Although the road easement will be required as a condition of subdivision approval, the road would not be constructed until any of the following redevelopment actions occur: • A future subdivision of proposed lot 2. • A future rezoning of proposed lot 2. • A future guide plan change of proposed lot 2. 9a • A building expansion on proposed lot 2. • The construction of a full access with I-494 and TH 212/Flying Cloud Drive and the closing of the east end of Technology Drive. Proposed Lot 2 is in a Shoreland Area defined by the Department of Natural Resources. Lake Idlewild is a Recreational Development Water. The building setback is 200 feet from the high water mark of the lake. Impervious surface is limited to 35% of the lot. The staff is willing to recommend that waivers be granted for a 100 foot setback and increased impervious surface, provided a conservation easement to protect existing trees within the 100 foot setback and the construction of stormwater treatment ponds. These waivers should also help increase the development potential of the site. We remain open to other possibilities. We acknowledge that the timing of this request compared to the current business use of proposed lot 2 creates concern for you. However, as we view the future, the relationship of proposed lot 2 to the rest of the Market Center Area will be greatly enhanced with a roadway connection at the time of redevelopment. We are convinced this adds.value to your property and provides for a valuable and necessary transportation link as well. Let us know if you would like to meet to discuss the road easement. Sincerely, Michael D. Franzen cc. Scott H.Neal, City Manager Eugene A. Dietz,Director of Public Works Donald R. Uram, Director of Management and Budget David Lindahl,Economic Development Manager Curt N. Stanton Paine/Wetzel 8700 West Bryn Mawr Chicago, Illinois 60631 Fax 773-774-8253 T5 C O P Y FAEGRE & BENSON LLP C O P Y 220o WELLS FARGO CENTER, 90 SouTH SEVENTH STREET' MINNEAPOLIS, MINNESOTA 55402-3901 TELEPHoxE 612.766.7000 FAcsumLE 612.766.1600 www.faegre.com Evan B.Rice 612.766.8831 June 9, 2003 Michael D. Franzen BY MESSENGER City Planner City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344-4485 Re: Rosemount Subdivision, Proposed Dedication of Roadway Easement Dear Michael: As you know, I represent Rosemount, Inc. ("Rosemount"). Rosemount presently has certain land use requests pending before the City of Eden Prairie (the "City"), including a proposal to subdivide Rosemount's existing property at 12001 Technology Drive (the "Subdivision" and "Property,"respectively). Once approved, the Subdivision will split the Property into two lots, Lot 1 and Lot 2. Although Rosemount intends to donate Lot 1 to the Emerson Charitable Trust for future sale and development, Rosemount intends to retain Lot 2 for continued use. In the context of the Subdivision, and pursuant to your letter dated May 29, 2003 (the "Letter"), the City has requested that Rosemount grant an easement in favor of the City for roadway purposes (the "Easement"). The Easement's stated purpose is to support the future construction of a road across Lot 2 so as to connect Technology Drive with Singletree Lane (the "Road"). In our conversations at the time the Letter was written, Rosemount objected to the Easement and the Road because they would appear to compromise Rosemount's continued use of, and future options for, Lot 2. Nevertheless, although Rosemount does have some persistent reservations, after considering the rationales expressed in the Letter, Rosemount has begun to reconsider its position and hopes to reach a mutually beneficial agreement with the City on the Easement and Road—an agreement which we believe would be in the spirit of the Letter. NVlinnesota Colorado Iowa London Frankfurt Shanghai Michael D. Franzen June 9,2003 Page 2 To that end, I have been authorized by Rosemount to make certain proposals to the City, and I hope that this letter will open a productive dialogue with you and the City Staff on the following issues. 1. Triggering Event. The Letter suggests that construction of the Road would take place, if at all, only upon the occurrence of one of five alternative prerequisite events: (i) subdivision, (ii) rezoning, (iii) guide plan change, (iv)building expansion, or(v) closing of Technology Drive. Some of these prerequisites concern Rosemount, however, and Rosemount takes the baseline position that absent an extraordinary event—such as the closing of Technology Drive—Rosemount should be free to continue to use Lot 2 in substantially the same manner as it has for the past thirty years. Specifically,under the plan proposed by the Letter, although Rosemount would control the timing of any future subdivision of Lot 2, the City would have the unilateral power to initiate either rezoning or guide plan change without Rosemount's consent. In addition, although a large-scale building expansion might fairly trigger construction of the Road, Rosemount must retain the flexibility to make minor expansions to the building on an as-needed basis. In order to address these concerns, Rosemount proposes that the City and Rosemount agree as follows: a springing Easement would be granted now, at the time of the Subdivision, but subject to the condition that the Road could only be constructed when Technology Drive is closed as a result of the reconfiguration of I-494 and Highway 212. At bottom, we believe this is a clean, straightforward proposal that respects and values the City's legitimate needs while also balancing Rosemount's reasonable property interests. 2. Location Flexibility. With respect to the Easement's location,the Letter observes that the westerly eighty feet of the existing transmission easement is a logical place to put the Easement. Rosemount agrees. But we also agree that at the time of any future development of Lot 2, other locations might be more advantageous. Consequently, Rosemount proposes that the Easement be provisionally located in the transmission easement, but the final location would remain subject to Rosemount's right to relocate the Easement on Lot 2 prior to construction of the Road. 3. Development Finally, the Letter also suggests two helpful ideas that would preserve the value and utility of Lot 2 going forward. They are: (i) waiver from certain setback requirements from Lot 2's Shoreland Area, and (ii) waiver from the City's impervious surface requirements. In this regard, Rosemount proposes that these waivers be granted as part of the Subdivision (understanding that Rosemount has no present plans to utilize them), and that the recommended waivers be for a fifty-foot (50') setback from the Shoreland Area and to seventy percent (70%) impervious surface. �5 Michael D. Franzen June 9,2003 Page 3 Rosemount continues to appreciate the City Staff s hard work and open-minded approach to these issues. Please feel free to contact me directly if I may be of assistance in clarifying Rosemount's proposals, and we remain ready to discuss the Easement and Road, as well as the Subdivision, at your earliest convenience. Very truly yours, Evan B. Rice cc: Members, Community Planning Board Jeffrey W. Schmitt (via email) Curt N. Stanton (via email) James G. Buell (via email) Harold J. Lamboley, Jr. (via email) 96 FAEGRE & BENSON LLP 2200 WELLS FARGO CENTER, 90 SOUTH SEVENTH STREET MINNEAPOLIS,MINNESOTA 55402-3901 TELEPHoNE 612.766.7000 ce EmcsnKnE 612.766.1600 12.7 6.8831 612.766.8831 www.facgre.com June 25, 2003 Michael D. Franzen BY MESSENGER City Planner City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344-4485 Re: Rosemount Subdivision; Roadway Easement and TDMP Dear Michael: At the June 9h meeting of the Eden Prairie Community Planning Board ("Board"), the Board recommended approval of the land use application recently submitted by my client, Rosemount, Inc. ("Rosemount"). In so doing, the Board also made certain suggestions concerning the terms and conditions under which Rosemount would be asked to grant an easement in favor of the City(the"Easement") which would provide for the future construction of a road connecting Technology Drive with Singletree Lane (the "Road"). The purpose of this letter is first to confirm Rosemount's understanding of the Board's recommendations and suggestions—particularly with respect to the terms and conditions of the Easement and Road—and second to supplement Rosemount's correspondence with the City on one other issue. 1. Terms of Easement and Conditions for Construction of Road. By way of background,Rosemount's pending land use application proposes to subdivide property located at 12001 Technology Drive to create two new lots, Lot 1 and Lot 2 (the "Subdivision"). Following the Subdivision, Rosemount plans to donate Lot 1 to the Emerson Charitable Trust for future sale and development and to retain Lot 2 for continued use. It is in this context that Rosemount understands the Board's recommendation to approve the Subdivision, contingent upon the granting of a springing Easement across portions of Lot 2. This means that although the Easement would be formally granted at the time of final plat approval, the terms of the Easement would require that the Road could be built only upon the occurrence of a defined condition precedent. Minnesota Colorado Iowa London Frankfurt Shanghai 9T Michael D. Franzen June 25, 2003 Page 2 The conditions precedent, or"triggers,"recommended by the Board were either: (i) the construction of a new,reconfigured I-494 and Highway 212 interchange and the concurrent closure of Technology Drive; or(ii) if initiated by Rosemount, a further subdivision, rezoning, guide plan change or major building expansion on Lot 2. In either event, it is Rosemount's further understanding that the City would bear the costs associated with construction of the Road; and if the Road is constructed as a result of(i), then the City would also bear the reasonable costs associated with reconfiguring Rosemount's existing access and parking improvements on Lot 2. Recognizing that the Easement and Road, if constructed, would necessarily limit the future value of Lot 2, the Board also recommended approval of two related waivers from the City's standard Shoreland Ordinances—namely, a reduction of the setback requirement to one hundred feet and an increase in the impervious surface limit to seventy percent—and suggested that the exact placement of the Easement and Road remain open to future relocation. Because Rosemount views the triggers and waivers described above as sensible conditions which simultaneously honor the City's legitimate needs for transportation planning and respect Rosemount's reasonable property interests, Rosemount is prepared to grant the Easement on those terms. 2. Waiver of Traffic Demand Management Plan. In previous correspondence and conversation with the City, the Staff has indicated that Rosemount should be required to develop and submit a Traffic Demand Management Plan ("TDMP") as part of the Subdivision. In response to these indications, Rosemount has discussed the TDMP with engineering and consulting firms experienced in this area and has sought proposals from several. Nevertheless, after examining the objectives of the TDMP and the costs associated with its completion, Rosemount respectfully requests that the City Council waive this requirement as unnecessary in this case. The overriding objective of the City's standard TDMP requirement is the reduction in traffic flow, to the extent possible, along major road corridors,particularly during peak hours. But in this instance, the Subdivision(and by extension the business consolidation that it presupposes) already promises to effectively decrease such traffic by significantly reducing the size of Rosemount's workforce at the site. As a result, the objectives of the TDMP will be served simply by approval of the Subdivision. At great cost, the TDMP would do little to reduce peak hour traffic to and from Lot 2, and a waiver of the TDMP requirement is therefore reasonable under the circumstances. 9i6 Michael D.Franzen June 25, 2003 Page 3 Finally, on behalf of Rosemount, I wish to acknowledge the City Staff continued efforts and responsiveness in connection with the Subdivision. Your professionalism has been deeply appreciated. As always,we remain ready to discuss the Easement and Road, as well as the Subdivision, as necessary. Very trul s, Evan B. Rice cc: Mayor Tyra-Lukens Members of the City Council Jeffrey W. Schmitt (via email) Curt N. Stanton(via email) James G. Buell (via email) Harold J. Lamboley, Jr. (via email) CITY COUNCIL AGENDA SECTION: Public Hearings DATE: 7/1/03 DEPARTMENTIDIVISION: ITEM DESCRIPTION: ITEM NO.: Management and Budget/Planning Donald R. Uram Southwest Station Sign Plan Vr I-1-C Michael D. Franzen Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for Planned Unit Development Concept Review on 21.84 acres; and • Approve 1st Reading of the Ordinance for Planned Unit Development District Review with and Zoning District Amendment in the Commercial Region Service Zoning District on 21.84 acres; and • Direct Staff to prepare a Development Agreement incorporating Staff and Board recommendations and Council conditions; and Synopsis Southwest Metro Transit is requesting the following sign waivers from the City code to permit additional free standing signs for the purpose of promoting mixed land use and transit. • Waiver from 2 free standing signs to 80 free standing signs. • Waiver from 116 square feet of sign area to 1,000 square feet. Southwest Metro Transit would like to transfer excess allowable square footage for wall signs, free standing signs, and area identifications to be displayed as banners on decorative light poles. Community Planning Board Recommendation The Community Planning Board voted 5-2 to recommend approval of the project at its June 9, 2003 meeting with the following condition. 1. Banners shall not be use for any commercial advertising. Background There are 80 banners. The proposed banner sign is 12.5 square feet. The total banner sign area is 1,000 square feet. The banner sign has two parts. One side contains the Southwest Metro Transit Logo. The other side contains a floral design. These banners may change with the seasonal and /00 City Council Public Hearings—Emerson-Rosemount July 1,2003 Page 2 celebration themes. The banner will always contain the Southwest Station name and Southwest Station logo. The banners will not contain advertising signs for other uses. The City code permits the following signs for the Southwest Station building,parking deck, and property. • Wall Signs permitted—916 square feet parking ramp and 612 square feet SW Metro Station,the total wall area sign is 1,528. • Free Standing Pylon signs permitted— 116 square feet. • Total permitted— 1,644 Subtracting the existing wall signs and ground signs, (479 square feet) leaves, 1,165 square feet that may be use for banner signs. Reasons to consider the sign waivers may include: • Promotion of mixed land use and transit. • The total sign area is less than what the code permits • The sign request reasonable and appropriate for the size of the development • The design, size, color, and scale of the individual signs are appropriate • The signs are consistent in color,texture and materials • The Planned Unit Development(PUD) allows for a"specialized" sign plan for PUD's with multiple uses. Reasons to consider modifying or denying the waivers: • There are two many banners • The sign request is not reasonable and not appropriate for the size of the development Attachments 1. Resolution for PUD Concept 2. Community Planning Board minutes dated June 9, 2003 3. Staff report dated June 6, 2003 SOUTHWEST STATION SIGN CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2003- A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF SOUTHWEST STATION SIGN FOR SOUTHWEST METRO 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 June 9,2003 by Southwest Metro 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 July 1, 2003. NOW,THEREFORE,BE IT RESOLVED by the City Council ofEden Prairie,Minnesota, as follows: 1. Southwest Station, 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 2, 2003. 3. That the PUD Concept meets the recommendations of the Community Planning Board dated June 9,2003. ADOPTED by the City Council of the City of Eden Prairie this lst day of July, 2003. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen Porta, City Clerk �6a EXHIBIT A PUD Concept-Southwest Station Sign Lots 1-6, Block 1, Southwest Station 2' Addition /d3 Planning Board Minutes June 9,2003 Page 7 B. SOUTHWEST STATION SIGN by Southwest Metro. Request for Planned Unit Development Concept Amendment on 21.84 acres, Planned Unit Development District Amendment with waivers on 21.84 acres, and Zoning District Amendment in the Commercial Regional Service Zoning District on 12.95 acres. Location: North of Technology Drive, south of T.H. 312 and west of Prairie Center Drive. Bob Worthington of Southwest Metro presented the project. He stated that the banners have a significant place in the development of the Southwest Station. They will add to the special element of the development. Banners provide advertising for the Southwest station. He indicated where the banners would be located on the site plan. He said Southwest Station has less than the amount of sign footage allowed and, consequently, is asking for the banners. Franzen stated staff is recommending approval of the project with waivers from two free standing signs at 116 square feet and wall signs at 1,528 square feet to 80 banners at 1,000 square feet. Brooks asked why they were requesting so many banners and the materials they would be made of. Worthington responded they will not be that intrusive to people driving through the development and the banners will be either fabric or vinyl, depending on what would be most durable. He said the banners will not be lit and would be changed out for special occasions such as holidays. Brooks stated he had a number of comments regarding the banners. 1) Can the Board require the type of materials used; 2) Is this the package for the entire site; 3) 80 banners seems to add to the busyness of the development. Franzen responded the Board can recommend materials and colors since Southwest Station is asking for a waiver. He said the banners need to be well thought out with an attractive design, appropriate in scale. It might be possible to reduce the number. The City's sign ordinance allows 80 square feet of pylon sign and 110.square feet of free- standing signs; wall signs can't exceed 300 square feet. Each development including each of the retail businesses on the transit site can have signs both wall and freestanding as long as the square footage meets the code. He said 80 banners didn't seem excessive, the size was appropriate and they promote transit. Brooks asked if Pickled Parrot have the same sign codes as Culvers. Franzen responded yes. Culvers and Krispy Kreme have 36 square foot monument signs. Sodt stated there is a statement in the report regarding advertising. Franzen said the Board is approving a specific design and logo. Sodt said he didn't want to see advertising on the banners for businesses at the transit site and he asked how that could be prevented. Franzen said they would need to add that language to the staff recommendations. Planning Board Minutes June 9,2003 Page 8 Seymour asked the life expectancy of materials and how often they would need to replace the banners. Worthington responded that they can't speculate longer than a year. They would replace them as needed as long as they had reserves to replace them. If they could no longer feasibly keep replacing them, they would take them down. Seymour asked if they used up the signs at some point whether some might have banners and some won't. Worthington responded that they would take them all down if money wasn't available to keep them. They plan on keeping them a minimum of 5 years. Foote asked staff if the City has authority to require removing the signs if they become tattered. Franzen responded that this could be included in the development agreement. Worthington stated that this is the home base for Southwest Station and they are there for the long term. They take pride in their site and will for a long time to come. Steppat stated that last fall he spent some time in Evanston, Illinois. He said they have a nice downtown with banners on light poles that looked really good. Seymour asked Franzen whether they could change the design on the banners and whether they would have to come back before the City Council. Franzen responded if they vary from the approved plan they would need to come back with a new sign plan. Sutherland said he also visited Evanston and came to the same conclusion as Steppat. Stoelting asked whether there should be directional signs in and around the site He questioned whether they were needed for traffic flow similar to the Eden Prairie Mall. Franzen stated staff didn't require directional signs for the Southwest Station because the restaurants are very visible and it's a smaller development. The Eden Prairie mall did a traffic report which indicated the need for directional signs which would help improve the flow of traffic. Stoelting asked if it was something they could address later. Franzen said this is what is normally done after the businesses are open and the observed traffic flow will determine if and where directional signs should be located. Brooks said he's not against the idea,just the number of banners. He said it may become too busy looking. Seymour stated that he is not overly excited about the banners. He thought it would look great if they were changed out seasonally. He said it lends to a festivity. He wondered if the black color will turn to gray over time. He wouldn't be likely to vote for them. ��Jc Planning Board Minutes June 9,2003 Page 9 MOTION by Sodt, second by Sutherland,to close the public hearing. MOTION by Sodt, second by Steppat to approve the sign package and amend the development agreement to prohibit advertising on the banners for any other reason than the logos submitted. Vote: Foote, Sodt, Sutherland, Stoelting and Steppat voted aye. Brooks and Seymour voted nay. Motion carried, 5-2. STAFF REPORT TO: Community Planning Board FROM: Steve Durham,Planner II THROUGH: Michael D. Franzen, City Planner DATE: June 6,2003 SUBJECT: Southwest Station Sign APPLICANT/ OWNER: Southwest Metro LOCATION: 13500 Technology Drive REQUEST: 1. Planned Unit Development Concept Amendment on 21.84 acres 2. Planned Unit Development District Review with waivers on 21.84 acres 3. Zoning District Amendment within the Commercial Regional Service Zoning District on 12.95 acres 04 Area Location Map - Southwest Station Sign PIan 13500 Technology Drive Highway #5 SITE Technology Drive Prairie Center Drive 00 0 ❑ � N a �o No fo Staff Report— Southwest Station PUD Signs June 6,2003 PLANNED UNIT DEVELOPMENT WAIVERS Southwest Metro Transit is requesting sign waivers from the City code to permit additional free standing signs for the purpose of promoting mixed land use and transit. Southwest Metro Transit would like to transfer excess allowable square footage for wall signs, free standing signs, and area identifications to be displayed as banners on decorative light poles. CITY CODE REQUIREMENTS The City code permits the following signs for the Southwest Station building,parking deck, and property. • Wall Signs permitted—916 square feet parking ramp and 612 square feet SW Metro Station, the total wall area sign is 1,528. • Free Standing Pylon signs permitted— 116 square feet. • Total permitted— 1,644 Subtracting the existing wall signs and ground signs, (479 square feet) leaves, 1,165 square feet that may be use for banner signs. BANNER SIGN DESIGN There are 80 banners. The proposed banner sign is 12.5 square feet. The total banner sign area is 1,000 square feet. Even though the banners are double sided they are only considered as one sign, since the spacing between the surfaces of the banner is less than 18 inches. The banner sign has two parts. One side contains the Southwest Metro Transit Logo. The other side contains a floral design. These banners may change with the seasonal and celebration themes. The banner will always contain the Southwest Station name and Southwest Station logo. The banners will not contain advertising signs for other uses. REASONS TO CONSIDER THE SIGN WAIVERS • Promotion of mixed land use and transit. • The total sign area is less than what the code permits • The sign request reasonable and appropriate for the size of the development • The design, size, color, and scale of the individual signs are appropriate • The signs are consistent in color,texture and materials • The Planned Unit Development(PUD) allows for a"specialized"sign plan for PUD's with multiple uses. /01 Staff Report— Southwest Station PUD Signs June 6,2003 REASONS TO MODIFY OR DENY THE SIGN WAIVERS • There are two many banners • The sign request is not reasonable and not appropriate for the size of the development CONCLUSION The Community Planning Board should consider the following questions. 1. Has Southwest Metro Transit provided reasons for considering the sign waivers? 2. Is the sign request reasonable and appropriate for the size of the development? 3. Are the design, size, color, and scale of the individual signs acceptable? 4. Are the signs consistent in color, texture and materials? STAFF RECOMMENDATION Staff would recommend approval of the following. • Planned Unit Development Concept Amendment on 21.84 acres • Planned Unit Development District Review with waivers on 21.84 acres • Zoning District Amendment within the Commercial Regional Service Zoning District on 12.95 acres Approval is based on plans dated May 2, 2003 prepared by LSA Design and the Staff Report dated June 6, 2003, and the following conditions. 1. The following waivers are granted through the PUD. • Waiver from 2 free standing signs to 80 free standing signs. • Waiver from 116 square feet of sign area to 1,000 square feet. 2. A sign permit from Community Development is required prior to installation of any sign on the property. CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims July 1,2003 SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development and Payment of Claims ; 1 Financial Services/Don Uram -- �- Requested Action Move to: Approve the Payment of Claims as submitted(roll call vote) Synopsis Checks 121052 - 121518 Wire Transfers 1817— 1823 Background Information Attachments City of Eden Prairie Council Check Summary 7/1/2003 Division Amount General 260,607 100 City Manager 205 101 Legislative 720 102 Legal Counsel 170 110 City Clerk 2,185 111 Customer Service 10,107 112 Human Resources 3,238 113 Communication Services 7,428 114 Benefits&Training 78,854 115 Risk Management 4,393 116 Facilities 4,763 117 City Center 118,661 130 Assessing 403 131 Finance (6229) 133 Community Development 364 134 Heritage Preservation 299 135 Information Technology 2,416 136 Wireless Communication 1,489 150 Park Administration 12,451 151 Park Maintenance 22,025 152 Parks Capital Outlay 28,160 153 Athletic Programs 3,004 154 Community Center 17,816 155 Beaches 1,012 156 Youth Programs 5,872 157 Special Events 40 158 Senior Center 1,112 159 Recreation Administration 47 160 Adaptive Recreation 344 161 Oak Point Pool 580 162 Arts 3,980 163 Park Facilities 4,684 180 Police 10,675 183 Civil Defense 666 184 Fire 3,029 185 Animal Control 1,200 186 Inspections 297 200 Engineering 269 201 Street Maintenance 10,647 202 Street Lighting 889 203 Fleet Services 28,275 301 CDBG 35 302 HRA Fund 554 304 Senior Awareness Fund 6 308 E-911 1,464 312 Recycle Rebate 50 314 Liquor Compliance 2,300 407 Utility Bonds Arbitrage 91 415 Open Space Debt 1994 750 502 Park Development 14,193 503 Utility Improvement 68,076 506 Improvment Bonds 1996 2,797 507 Construction Fund 3,941 509 CIP Fund 61,465 601 Prairie Village Liquor 93,315 602 Den Road Liquor 153,706 603 Prairie View Liquor 98,881 701 Water Fund 107,564 702 Sewer Fund 5,289 703 Storm Drainage Fund 8,928 803 Escrow Fund 966 806 SAC Agency Fund 68,850 Report Totals 1,340,369 11� City of Eden Prairie Council Check Register 71I/2003 Check# Amount Vendor/Explanation Account Description Business Unit 1817 241 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Services 1818 66,449 MINNESOTA DEPT OF REVENUE Cash Over/Short General Fund 1819 66,113 PUBLIC EMPLOYEES RETIREMENT Employers PERA General Fund 1820 131,216 WELLS FARGO MINNESOTA N A Employers SS&Medicare General Fund 1821 24,690 MINNESOTA DEPT OF REVENUE State Taxes Withheld General Fund 1822 8,715 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 1823 15,118 ORCHARD TRUST CO AS TRUSTEEJCU Deferred Compensation General Fund 121052 25 BAHR,JENNIFER Clothing&Uniforms Police 121053 30 BOARD OF WATER&SOIL RESOURCE Conference Expense Storm Drainage 121054 270 CARVER COUNTY SHERIFF'S DEPT. Deposits Escrow 121055 3,112 CENTERPOINT ENEGY Gas Water Treatment Plant 121056 169 CHOICE INC Other Contracted Services Prairie Village Liquor Store 121057 525 CINCINNATUS Other Contracted Services City Council 121058 130 DUPONT,BRENT Clothing&Uniforms Police 121060 1,121 GOPHER STATE ONE-CALL INC Other Contracted Services Water Utility-General 121061 117,657 HENNEPIN COUNTY TREASURER Licenses&Taxes City Center Operations 121062 1,932 HENNEPIN COUNTY TREASURER Postage Elections 121063 660 KOTCHEVAR,SUSAN Travel Expense In Service Training 121064 195 LEEANN CHIN Miscellaneous City Council 121065 54 MCGANNON,HEATHER Lessons&Classes Fitness Classes 121066 505 MERLINS ACE HARDWARE Operating Supplies Maintenance 121067 64 MINNCOMM PAGING Pager&Cell Phone Water System Maintenance 121068 160 NATIONAL RECREATION AND PARK A Dues&Subscriptions In Service Training 121069 .156 OLD CASTLE Equipment Repair&Maint Maintenance 121070 3,226 RELIASTAR LIFE INSURANCE CO Disability Ins Employers General Fund 121071 85 SOUTHWEST SUBURBAN PUBLISHING- Advertising Community Center Admin 121072 8 TIME WARNER CABLE Cable TV Fire 121073 1,311 US POSTMASTER-HOPKINS Postage Water Accounting 121074 270 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Senior Center Program 121075 39 ANDERSON,PATTY Mileage&Parking Community Center Admin 121076 1,200 BLOOMINGTON,CITY OF Kennel Services Animal Control 121077 130 BOLD,PAULINE Instructor Service Outdoor Center 121078 13,842 CENTERPOINT ENERGY MARKETING I Gas Water Treatment Plant 121079 8 DEHARPPORTE,DEAN Program Fee Outdoor Center 121080 70 EDEN PRAIRIE APPLIANCE Building Repair&Maint. Police City Center 121081 651 FERRELLGAS Gas Riley Lake 121082 480 GOVERNMENT FINANCE OFFICERS AS Awards Finance 121083 377 GRAINGER Capital Under$2,000 Capital Outlay Parks 121084 68 HEDLUND,ALISON Program Fee Summer Skill Development 121085 55 HYSTAD,JENNIFER Program Fee Summer Skill Development 121086 78 LIMBERG,KRISTY Operating Supplies Summer Theatre 121087 138 LINDAHL,DAVID Tuition Reimbursement/School In Service Training 121088 55 LOMBARDY,BONNIE Program Fee Summer Skill Development 121089 30,685 MAGNEY CONSTRUCTION INC Improvement Contracts Utility Improvement Fund 121090 46 MINNESOTA DEPT OF HEALTH Licenses&Taxes Water Utility-General 121091 711 MINNESOTA STATE RETIREMENT SYS Severance Police 121092 315 MN BOARD OF ASSESSORS Licenses&Taxes Assessing 121093 36 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Services 121094 50 PRONDZINSKI,JENNIFER Program Fee Tennis 121095 98 PROTECTION ONE Other Contracted Services Cummins Grill 121096 50 QUILLIN,CATHY Program Fee Tennis 121097 1,535 QWEST Telephone E-911 Program 121098 1,102 Qwest COMMUNICATIONS Pager&Cell Phone Police 121099 98 RICHNAFSKY,CHARLES Program Fee Afternoon Playground 121100 1,000 SCIENCE EXPLORERS Instructor Service Outdoor Center 121101 200 SCOTT COUNTY SHERIFFS DEPT Deposits Escrow 121102 25 WOOLF,REBECCA Program Fee Afternoon Playground 121103 1,083 WORK CONNECTION-BPARK Other Contracted Services Park Maintenance 121104 124 ACE ICE COMPANY Mise Non-Taxable Prairie View Liquor Store 121105 90 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Den Road Liquor Store 121106 543 ARCTIC GLACIER INC Mise Non-Taxable Prairie Village Liquor Store 121107 4,298 BELLBOY CORPORATION Wine Imported Den Road Liquor Store 121108 3,712 DAY DISTRIBUTING Beer Prairie Village Liquor Store 121109 2,602 EAGLE WINE COMPANY Wine Domestic Den Road Liquor Store 121110 8,423 EAST SIDE BEVERAGE COMPANY Beer Prairie Village Liquor Store 121111 64 EXTREME BEVERAGE Misc Taxable Prairie Village Liquor Store 113 Check# Amount Vendor/Explanation Account Description Business Unit 121 112 29I GETTMAN COMPANY Mime Taxable Den Road Liquor Store 121113 394 GRAPE BEGINNINGS Wine Domestic Den Road Liquor Store 121114 13,203 GRIGGS COOPER&CO Liquor Prairie Village Liquor Store 121115 173 HOHENSTEINS INC Beer Prairie View Liquor Store 121117 17,292 JOHNSON BROTHERS LIQUOR CO Liquor Prairie Village Liquor Store 121118 3,075 MARK VII Beer Den Road Liquor Store 121 119 I,383 MIDWEST COCA COLA BOTTLING COM Misc Taxable Prairie Village Liquor Store 121120 560 NEW FRANCE WINE COMPANY Wine Domestic Den Road Liquor Store 121121 2,237 PAUSTIS&SONS COMPANY Beer Den Road Liquor Store 121122 8,458 PHILLIPS WINE AND SPIRITS INC Wine Domestic Prairie View Liquor Store 121123 980 PINNACLE DISTRIBUTING Mise Taxable Prairie View Liquor Store 121124 3,166 PRIOR WINE COMPANY Wine Imported Prairie Village Liquor Store 121125 11,434 QUALITY WINE&SPIRITS CO Wine Domestic Prairie Village Liquor Store 121126 13,798 THORPE DISTRIBUTING Beer Den Road Liquor Store 121127 609 WINE COMPANY,THE Wine Imported Den Road Liquor Store 121128 2,055 WINE MERCHANTS INC Wine Imported Prairie View Liquor Store 121129 886 WORLD CLASS WINES INC Wine Imported Den Road Liquor Store 121130 35 ARTHUR SHERMAN,JULIE Events/Admission Fee Cummins House Special Events 121131 2,332 ASPEN WASTE SYSTEMS INC. Waste Disposal Den Road Liquor Store 121132 100 BESTLER,ADAM Other Contracted Services Staring Lake Concert 121133 35 BEUHL,BARBARA Events/Admission Fee Cummins House Special Events 121135- 2,944 BIFFS INC Waste Disposal Park Maintenance 121136 20 BYE,ELIZABETH Lessons&Classes Ice Arena 121137 98 CASEBOLT,VERONICA Program Fee Athletics 121138 30 CENTRAL MIDDLE SCHOOL Staring Lake Theatre Park Facilities 121139 250 CITY HILL FELLOWSHIP Staring Lake Theatre Park Facilities 121140 1,650 CLASSIC GYMNASTICS Instructor Service Spring Skill Development 121141 300 COMMERCIAL CONSTRUCTION&DEMO Cash Over/Short General Fund 121142 126 COUGHLIN,JENNIE Program Fee Preschool Events 121143 33 DAVIS,BRADLEY Lessons&Classes Pool Lessons 121144 11,612 DELTA DENTAL PLAN OF MN Dental Reimbursement Employee Benefits 121146 400 EDEN PRAIRIE CHAMBER OF COMMER Miscellaneous In Service Training 121147 30 EXCELSIOR,CITY OF Conference Expense City Manager 121148 88 FILLMONOVA,ELENA Program Fee Tennis 121149 200 FLYING CLOUD ANIMAL HOSPITAL Canine Supplies Police 121150 35 FRYE,HILARY Events/Admission Fee Cummins House Special Events 121151 392 GE CAPITAL Other Rentals General 121152 1,377 GYMBOREE PLAY&MUSIC Instructor Service Preschool Events 121153 269 HENNEPIN COUNTY Waste Disposal Park Maintenance 121154 50 HTCIA Dues&Subscriptions Police 121155 82 KALKES,JAYNA Employee Award Human Resources 121156 1,015 LAKE RESTORATION INC Other Contracted Services Park Maintenance 121157 75 LEIPOLD'S OF EXCELSIOR Other Contracted Services Cummins House Special Events 121158 45 MANN,TRIA Mileage&Parking Senior Center Administration 121159 35 MEHL,MOLLY E Events/Admission Fee Cummins House Special Events 121160 1,463 METRO SALES INCORPORATED* Other Rentals . . General 121161 68,162 METROPOLITAN COUNCIL Due to Other Governments SAC Agency Fund 121162 7,027 MINNESOTA STATE TREASURER Building Surcharge General Fund 121163 1,360 MINNESOTA VALLEY ELECTRIC COOP Electric Street Lighting 121164 35 MOELTER,JANE R Events/Admission Fee Cummins House Special Events 121165 85 MORSE,MARY Events/Admission Fee Cummins House Special Events 121166 15 OAK POINT INTERMEDIATE SCHOOL Staring Lake Bldg Park Facilities 121167 70 P HECK DESIGNS Events/Admission Fee Cummins House Special Events 121168 2,300 PETTY CASH-POLICE DEPT Miscellaneous Liquor Compliance 121169 1,106 PITNEY BOWES INC Other Rentals General 121170 878 QWEST Telephone Water Utility-General 121171 74 REDDING,KIM/RON AR Utility Water Enterprise Fund 121172 100 RICHTER,BRIAN E. Other Contracted Services Staring Lake Concert 121173 35 RICHTER,TINA Events/Admission Fee Cummins House Special Events 121174 29 RUMFORD,JOAN Operating Supplies Cummins House Special Events 121175 77 SCHULTIES PLUMBING Cash Over/Short General Fund 121176 97 SEDGWICK HEATING AND AC Mechanical Permits General Fund 121177 525 SPLATTER SISTERS,THE Other Contracted Services Staring lake Concert 121178 100 STAN BANN BIG BAND Other Contracted Services Staring Lake Concert 121179 70 STATE TREASURER Tuition Reimbursement/Scbool Fire 121180 126 STOVRING,LESLIE Operating Supplies Environmental Education 121181 100 SWANSON,PAUL Other Contracted Services Staring Lake Concert 121182 35 TALISMAN TRADING COMPANY Events/Admission Fee Cummins House Special Events 121183 1,000 TEMPORARY HEROES INC Other Contracted Services Staring Lake Concert 121184 157 TRANSPORT GRAPHICS Small Tools Fire 1 1q Check# Amount Vendor I Explanation Account Description Business Unit 121185 250 TWIN CITIES CHORUS Other Contracted Services Staring Lake Concert 121186 80 UNITED STATE POLICE CANINE ASS Dues&Subscriptions Police 121187 175 UNIVERSITY OF MINNESOTA Conference Expense City Manager 121188 40 WERTS,SANDY Mileage&Parking Special Events Administration 121189 35 YOUNG,DENEEN D. Events/Admission Fee Cummins House Special Events 121190 330 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Senior Center Program 121191 170 BITSTREAM UNDERGROUND Other Contracted Services Airport 121192 200 BOY SCOUT TROOP 342 Landscape Materials/Supp Park Maintenance 121193 200 BRENNAMAN,MCLEOD Landscape MateriaWSupp Park Maintenance 121194 110 CAMILLI,LAURIE Program Fee Summer Skill Development 121195 50 CRACAUER,CLIFF Equipment Repair&Maint Fleet Services 121196 646 DEPARTMENT OF HUMAN SERVICES Other Contracted Services Park Maintenance 121197 52 GEIWITZ,JEAN Program Fee Summer Skill Development 121198 82 JARNOW,LINDA Program Fee Athletics 121199 196 LARSON,GREGORY Program Fee Athletics 121200 35. LENCZEWSKI,SUSAN Lessons&Classes Pool Lessons 121201 39 MEHLHAUS,TAMMY Lessons&Classes Oak Point Lessons 121202 1,935 METRO SALES INCORPORATED* Other Rentals General 121203 41 MILLER,TERYL Lessons&Classes Pool Lessons 121204 20 MINNESOTA PRIMA Conference Expense General 121205 390 MPELRA Conference Expense Human Resources 121206 45 MTGF Conference Expense Parks Administration 121207 53 NELSON,MICHELLE Open Fees Ice Arena 121208 55 NEWELL,JANIE Lessons&Classes Ice Arena 121209 793 NILSSEN,BETH Instructor Service Ice Arena 121210 85 OSE,MARUO Program Fee Athletics 121211 100 PAGEL,PAUL Other Contracted Services Staring Lake Concert 121212 3,000 POSTAGE BY PHONE RESERVE ACCOU Postage General 121213 32 PRESCOTT,VICKI Program Fee Preschool Events 121214 26 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Services 121215 85 RICHARDSON,JIM Video&Photo Supplies Communication Services 121216 22 RICHFIELD,CITY OF Operating Supplies Fleet Services 121217 25 STIEBNER,SUSAN Program Fee Afternoon Playground 121218 425 TEKIELA,STAN Recreation Supplies Outdoor Center 121219 43 THUNSTROM,JENNIFER Program Fee Tennis 121220 200 TRYBA,LAURA Lessons&Classes Pool Lessons 121221 554 UNDERCAR SERVICES Hope Loan Receivable Hope Loan Auto Repair 121222 70 VERIZON WIRELESS BELLEVUE Pager&Cell Phone Fire 121223 15 VIKING AUTOMATIC SPRINKLER Cash Over/Short General Fund 121224 64 WOLF CAMERA Operating Supplies Summer Theatre 121225 944 WORK CONNECTION-BPARK Other Contracted Services Park Maintenance 121226 35 WRAGGE,KARI Program Fee Summer Safety Camp 121227 2,044 XCEL ENERGY Principal Traffic Signals 121228 44 YOST,ALICIA Lessons&Classes Pool Lessons 121229 19 ZHOU,RONG Lessons&Classes Oak Point Lessons 121230 122 BENSON,ROBERT AR Utility Water Enterprise Fund 121231 46 BLOOMINGTON,CITY OF Deposits Escrow 121232 100 BRAGG,ANNALISA Instructor Service Outdoor Center 121233 800 CAMPOS,LORI Instructor Service Outdoor Center 121234 735 CLAREYS INC Equipment Testing/Cert. Fire 121235 70 DEGREE,BETH Operating Supplies Round Lake Beach 121236 22 ESBENSEN,JEAN Program Fee Outdoor Center 121237 200 FREY,TERRI GEIGER Instructor Service Outdoor Center 121238 115 GOVERNMENT FINANCE OFFICERS AS Dues&Subscriptions In Service Training 121239 225 GOVERNMENT FINANCE OFFICERS AS Awards Finance 121240 164 HENNEPIN COUNTY TREASURER Operating Supplies Community Development 121241 52 KLEVE HTG&AC Mechanical Permits General Fund 121242 22 KRAEMERS HARDWARE INC Operating Supplies Sewer System Maintenance 121243 80 MCFERRIN,TANYA Instructor Service Outdoor Center 121244' 44 NGUYEN;VIET Lessons&Classes Oak Point Lessons 121245 100 OTTERNESS,RON Instructor Service Outdoor Center 121246 1,329 PARK NICOLLET CLINIC Other Contracted Services Risk Management 121247 7,692 PRAIRIE PARTNERS SIX LLP Building Rental Prairie Village Liquor Store 121248 9,430 PRAIRIEVIEW RETAIL LLC Building Rental Prairie View Liquor Store 121249 44 SANDNESS,DAWN Program Fee Outdoor Center 121250 35 STATE TREASURER Conference Expense Inspections-Administration 121251 91 STEWART TITLE OF MINNESOTA,IN Cash Over/Short Utility Bonds Arbitrage 121252 5 THOMAS,ORLANDO&DEMETRA AR Utility Water Enterprise Fund 121253 26 THOMAS,SUSAN Program Fee Adult Program 121255 102 AT&T Pager&Cell Phone Police I1]5 Check# Amount Vendor/Explanation Account Description Business Unit 121256 192 BACHMANS CREDIT DEPT Landscape Materiais/Supp Reforestation 121257 99 BARLEY,DEBORAH Mileage&Parking Heritage Preservation 121258 144 BOGREN,ANN Canine Supplies Police 121259 44 CHASKA PAR 30 Operating Supplies Summer Skill Development 121260 150 CHISAGO COUNTY SHERIFFS DEPT Deposits Escrow 12126I 175 COMMISSIONER OF TRANSPORTATION Equipment Repair&Maint Traffic Signals 121262 436 CUB FOODS EDEN PRAIRIE Operating Supplies Police 121263 200 ENTER,SCOTT Building Repair&Maint. Heritage Preservation 121264 39 FRED PRYOR SEMINARS Conference Expense Police 121265 288 GLOTES SPECIALITIES Operating Supplies Summer Safety Camp 121266 61 GUSTAD,MARK Clothing&Uniforms Police 121267 250 HALE,WILLIAM Other Contracted Services Staring Lake Concert 121268 200 HENNEPIN COUNTY TREASURER Operating Supplies Community Development 121269 186 1RMITER,JESSE Training Supplies Police 121270 30 KELLY,SANDRA Clothing&Uniforms Police 121271 82 KEPLE,PHILIP Program Fee Tennis 121272 413 KRAEMERS HARDWARE INC Equipment Parts Fleet Services 121273 65,340 LEAGUE MN CITIES INS TRUST Workers Comp Insurance Employee Benefits 121275 200 MINNESOTA THUNDER Staring Lake Bldg Park Facilities 121277 426 PETTY CASH Mileage&Parking Adaptive Recreation 121278 30 PRAIRIE LUTHERA14 CHURCH Staring Lake Bldg Park Facilities 121279 42 RAINBOW FOODS INC. Operating Supplies Reforestation 121280 19 RICHFIELD,CITY OF Operating Supplies Fleet Services 121281 117 SEARS COMMERCIAL ONE Capital Under$2,000 City Center Operations 121282 1,970 SETTLERS RIDGE TOWNHOME ASSOC AR Utility Water Enterprise Fund 121283 800 ST PAUL,CITY OF Conference Expense Police 121284 1,820 STREICHERS Clothing&Uniforms Police 121285 435 UNIFORMS UNLIMITED Clothing&Uniforms Police 121286 386 US POSTMASTER-HOPKINS Printing Senior Center Program 121287 500 VALLEYFAIR AMUSEMENT PARK Special Event Fees Teen Work Program\ 121288 405 VERIZON WIRELESS BELLEVUE Pager&Cell Phone Police 121289 300 WASHINGTON COUNTY SHERIFFS DE Deposits Escrow 121290 54 WOLF CAMERA Video&Photo Supplies Police 121291 1,269 WORK CONNECTION-BPARK Other Contracted Services Park Maintenance 121292 3,033 XCEL ENERGY Electric Sewer Liftstation 121293 3,008 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund 121294 209 ACE ICE COMPANY Misc Non-Taxable Prairie View Liquor Store 121295 120 ALL SAINTS BRANDS DISTRIBUTING Beer Den Road Liquor Store 121296 82 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Prairie View Liquor Store 121297 267 ARCTIC GLACIER INC Misc Non-Taxable Den Road Liquor Store 121298 3,798 BELLBOY CORPORATION Liquor Prairie View Liquor Store 121299 9,541 DAY DISTRIBUTING Beer Prairie View Liquor Store 121300 1,036 EAGLE WINE COMPANY Wine Domestic Prairie View Liquor Store 121301 18,295 EAST SIDE BEVERAGE COMPANY Beer Prairie View Liquor Store 121302 365 GETTMAN COMPANY Misc Taxable Prairie View Liquor Store 121303 404 GRAPE BEGINNINGS Wine Domestic Den Road Liquor Store 121304 11,856 GRIGGS COOPER&CO Liquor Prairie View Liquor Store 121305 678 HOHENSTEINS INC Beer Prairie Village Liquor Store 121307 33,321 JOHNSON BROTHERS LIQUOR CO Wine Domestic Prairie View Liquor Store 121309 26,681 MARK VII Beer Prairie View Liquor Store 121310 410 MASS BAR-MATE CORP Misc Taxable Den Road Liquor Store 121311 163 MORAN USA,LLC Misc Taxable Den Road Liquor Store 121312 282 PACIFIC DIRECT Misc Taxable Den Road Liquor Store 121313 3,082 PAUSTIS&SONS COMPANY Wine Imported Prairie View Liquor Store 121314 11,268 PHILLIPS WINE AND SPIRITS INC Wine Domestic Prairie View Liquor Store 121315 265 PINNACLE DISTRIBUTING Misc Non-Taxable Den Road Liquor Store 121316 1,262 PRIOR WINE COMPANY Wine Domestic Prairie View Liquor Store 121317 9,463 QUALITY WINE&SPIRITS CO Liquor Prairie View Liquor Store 121318 17,686 THORPE DISTRIBUTING Beer Prairie View Liquor Store 121319 1,851 WINE COMPANY,THE Wine Domestic Den Road Liquor Store 121320 568 WINE DOCTOR Wine Imported Den Road,Liquor Store 121321 4,460 WINE MERCHANTS INC Transportation Den Road Liquor Store 121322 1,517 WORLD CLASS WINES INC Wine Imported Den Road Liquor Store 121323 430 ALLMANN,ANDREW Tuition Reimbursement/School In Service Training 121324 93 ASPEN WASTE SYSTEMS INC. Waste Disposal Senior Center 121325 400 BCA/FORENSIC SCIENCE LABORATOR Conference Expense Police 121326 100 NLEEC Miscellaneous Reserves 121327 542 A P LAWN INC Building Repair&Maint. Fire Station#1 121328 25 A TO Z RENTAL CENTER Other Rentals Park Maintenance 121329 11 AAA LAMBERTS LANDSCAPE PRODUCT Landscape Materials/Supp Street Maintenance 116 Check# Amount Vendor/Explanation Account Description Business Unit 121330 264 ABLE HOSE&RUBBER INC Operating Supplies Water Treatment Plant 12133I 253 ACT ELECTRONICS INC Equipment Repair&Maint Traffic Signals 121332 210 ADOLPHKIEFER Recreation Supplies Pool Lessons 121333 1,150 ADVANCE SURVEYING&ENGINEERIN Building Capital Impr./Maint.Fund 121334 85 ADVANTAGE FIRST AID AND SAFETY Operating Supplies Summer Theatre 121335 410 AHLMANS Equipment Repair&Maint Police 121336 30 ALL METRO SUPPLIES Landscape Materials/Supp Water Treatment Plant 121337 15,366 ALL SEASONS LANDSCAPE&DESIGN Building Repair&Maint. Water Treatment Plant 121338 351 AMERICAN ENGINEERING TESTING I Other Contracted Services TIF fund 121339 17 AMERICAN EXPRESS PUBLISHING Misc Non-Taxable Prairie View Liquor Store 121340 181 AMERICAN RED CROSS Recreation Supplies Pool Lessons 121341 578 AMERICAN WATERWORKS ASSOCIATI Training Supplies Water Utility-General 121342 465 ANCHOR PAPER COMPANY Office Supplies General 121343 612 ANCHOR PRINTING COMPANY Printing Summer Theatre 121344 69 AQUA ENGINEERING INC Repair&Maint.Supplies Park Maintenance 121345 31 AQUA LOGIC INC Repair&Maint.Supplies Pool Maintenance 121346 9 BACHMANS CREDIT DEPT Landscape MateriaWSupp Water Treatment Plant 121347 105 BAUER BUILT TIRE AND BATTERY Equipment Parts Fleet Services 121348 27 BDS Equipment Parts Fire Station#3 121349 616 BECKER ARENA PRODUCTS INC Repair&Maint.Supplies Ice Arena 121350 181 BERG BAG COMPANY Operating Supplies Traffic Signs 121351 69 BERTELSON OFFICE PLUS Office Supplies Water Utility-General 121352 224 BLACK&VEATCH Other Contracted Services Utility Improvement Fund 121353 143 BLOOMINGTON SECURITY SOLUTIONS Building Repair&Maint. Fire Station 93 121354 173 BOYER TRUCKS SO.ST.PAUL Equipment Parts Fleet Services 121355 396 BRIN NORTHWESTERN GLASS COMPAN Equipment Repair&Maint Prairie Village Liquor Store 121356 585 BROWN,PAUL Other Contracted Services Park Facilities 121357 204 BRYAN ROCK PRODUCTS INC Gravel Water System Maintenance 121358 502 C&H DISTRIBUTORS INC. Repair&Maint.Supplies Water Treatment Plant 121359 55 CATCO CLUTCH&TRANSMISSION SE Equipment Parts Fleet Services 121360 3,658 CEMSTONE Repair&Maint.Supplies Storm Drainage 121361 261 CLAREYS INC Safety Supplies Fleet Services 121362 905 CLARK'S STUMP REMOVAL Waste Disposal Tree Removal 121363 458 CONSTRUCTION MATERIALS INC Repair&Maint.Supplies Storm Drainage 121364 606 CORPORATE EXPRESS Office Supplies Police 121365 7,033 CREATIVE MARKETING CONSULTING Other Contracted Services Communication Services 121366 15,439 CUTLER-MAGNER COMPANY Chemicals Water Treatment Plant 121367 1,072 CWH RESEARCH INC. Employment Support Test Human Resources 121368 253 DALCO Cleaning Supplies Maintenance 121369 128 DALE GREEN COMPANY,THE Landscape Materials/Supp Street Maintenance 121370 390 DEALER AUTOMOTIVE SERVICES INC Equipment Repair&Maint Fleet Services 121371 966 DECORATIVE DESIGNS INC Other Contracted Services Water Treatment Plant 121372 4,395 DELANO ERICKSON ARCHITECTS Improvements to Land Capital Impr.I Maint.Fund 121373 239 DELEGARD TOOL CO Equipment Parts Fleet Services 121374 9,456 DELL MARKETING L.P. Other Hardware Information Technology 121375 78 DEM CON LANDFILL LLC. Waste Disposal Park Maintenance 121376 35 DIVERSIFIED INSPECTIONS INC Equipment Testing/Cert. Fire 121377 26,494 DMJ CORPORATION Other Assets Capital Outlay Parks 121378 19,174 DRT TRANSPORT Other Contracted Services Lime Sludge 121379 107 ECOLAB INC Operating Supplies Maintenance 121380 720 EF JOHNSON Equipment Repair&Maint Wireless Communication 121381 12,620 ESS BROTHERS&SONS INC* Repair&Maint.Supplies Water System Maintenance 121382 3,049 EULL'S MANUFACTURING CO INC Repair&Maint.Supplies Storm Drainage 121383 1,059 EXCEL LANDSCAPING INC Other Contracted Services Park Maintenance 121384 649 FACILITY SYSTEMS INC Capital Under$2,000 Furniture 121385 1,342 FASTSIGNS Safety Supplies Round Lake Beach 121386 63 FEDERAL SIGNAL CORPORATION Equipment Repair&Maint Fleet Services 121387 70 FERRELLGAS Motor Fuels Ice Arena 121399 19 FIKES HYGIENE SERVICES Operating Supplies Prairie Village Liquor Store 121389 1,500 FLANAGAN SALES,INC. Landscape Materials/Supp Park Maintenance 121390 406 G&K SERVICES-MPLS INDUSTRIAL Cleaning Supplies Water Treatment Plant 121391 2,000 GOODPOINTE TECHNOLOGY CORPORAT Software Maintenance Information Technology 121392 180 GRAFIX SHOPPE Capital Under$2,000 Fleet Services 121393 62 GRAINGER Equipment Repair&Maint Fire Station#1 121394 31,212 GRAUS CONTRACTING INC Building Capital Impr.I Maint.Fund 121395 326 GREATAMERICA LEASING CORP. Other Rentals General 121396 234 GREG LARSON SPORTS Recreation Supplies Summer Skill Development 121397 48 GS DIRECT Operating Supplies Engineering 121398 1,343 GUNNAR ELECTRIC CO INC Improvements to Land Park Acquisition&Development 121399 "1 HACH COMPANY Operating Supplies Water Treatment Plant I i-+ Check 4 Amount Vendor I Explanation Account Description Business Unit 121400 415 HAMILTON,MICHAEL Other Contracted Services Softball 121401 8,821 HANSEN THORP PELLINEN OLSON Design&Engineering Improvement Projects 1996 121402 722 HARMON AUTOGLASS Equipment Repair&Maint Fleet Services 121403 17,533 HARTLAND FUEL PRODUCTS LLC Motor Fuels Fleet Services 121404 4,227 HAWKINS WATER TREATMENT GROUP Chemicals Water Treatment Plant 121405 141 HENRY,PAUL Other Contracted Services Volleyball 121406 436 HIGLEY,STEW Other Contracted Services Softball 121407 1,048 HIRSHFIELDS PAINT MANUFACTUMN Operating Supplies Park Maintenance 121408 523 HYDROLOGIC WATER MANAGEMENT SY Repair&Maint.Supplies Park Maintenance 121409 1,512 ICERINK SUPPLY CO Repair&Maint.Supplies Ice Arena 121410 60 ICI DULUX PAINT CTRS Operating Supplies Park Maintenance 121411 228 IND SCHOOL DIST 272 Transportation Accessibility 121412 647 INGRAHAM&ASSOC Other Contracted Services Park Acquisition&Development 121413 168 INSIGHT PUBLIC SECTOR Other Hardware Information Technology 121414 1,100 INTELLISYS INC Office Supplies Water Treatment Plant 121415 120 IPC Operating Supplies Police 121416 3,064 J A PRICE AGENCY INC Insurance Risk Management 121417 791 JANEX INC Cleaning Supplies General Facilities 121418 562 JOHN HENRY FOSTER MINNESOTA IN Equipment Repair&Maint Water Treatment Plant 121419 360 JOHNSON,KAMARA Other Contracted Services Park Facilities 121420 309 K&H OUTDOORS,INC Other Contracted Services Park Maintenance 121421 1,967 KERN DEWENTER VIERE LTD. Audit&Financial Sewer Accounting 121422 204 KOENIG&SONS EQUIPMENT INC Equipment Repair&Maint Fleet Services 121423 208 KUSTOM SIGNALS INC Equipment Repair&Maint Police 121424 174 LAB SAFETY SUPPLY INC Protective Clothing Water Utility-General 121425 185 LAKE COUNTRY DOOR Building Repair&Maint. Public Works/Parks 121426 873 LAKELAND ENGINEERING EQUIP CO Equipment Parts Water Treatment Plant 121427 479 LANDFORM ENGINEERING COMPANY Equipment Repair&Maint Park Maintenance 121428 223 LANDS END CORPORATE SALES Clothing&Uniforms Police 121429 213 LANO EQUIPMENT INC Other Rentals Storm Drainage 121430 38 M SHANKEN COMMUNICATIONS INC Misc Non-Taxable Prairie View Liquor Store 121431 371 MASTER SPRINKLER SYSTEMS Other Contracted Services Park Maintenance 121432 546 MCGREGOR,RANDY Other Contracted Services Softball 121434 783 MENARDS Repair&Maint.Supplies Park Maintenance 121435 272 METRO ATHLETIC SUPPLY Recreation Supplies Volleyball 121436 129 METRO BRUSH&SUPPLY Cleaning Supplies Water Treatment Plant 121437 5,724 METRO CONCRETE RAISING INC Mudjacking Curbs Drainage 121438 35 METRO LEGAL SERVICES INC Other Contracted Services 2000 Rehab 121439 19 METRO POWER EQUIPMENT Equipment Repair&Maint Park Maintenance 121440 67 METROPOLITAN FORD Equipment Parts Fleet Services 121441 4,488 MIDWEST ASPHALT CORPORATION Patching Asphalt Street Maintenance 121442 9,265 MIDWEST PLAYSCAPES Improvements to Land Park Acquisition&Development 121443 17,516 MILLER DUNWIDDIE Building Capital Impr,/Maint.Fund 121444 215 MINN BLUE DIGITAL Operating Supplies Engineering 121445 1,174 MINNESOTA CONWAY Equipment Repair&Maint Fleet Services 121446 2,215 MINNESOTA PIPE AND EQUIPMENT* Small Tools Water System Maintenance 121447 926 MINNESOTA PRINT MANAGEMENT LLC Office Supplies General 121448 138 MINNESOTA ROADWAYS CO Waste Blacktop/Concrete Street Maintenance 121449 23 MN MAINTENANCE EQUIPMENT INC Equipment Parts Fleet Services 121450 150 MOON VALLEY RANGE Training Supplies Police 121451 2,195 MSP COMMUNICATIONS Advertising Prairie View Liquor Store 121452 207 MIT DISTRIBUTING INC. Equipment Parts Fleet Services 121453 357 MURRAY,JOHN Other Contracted Services Softball 121454 1,350 NATIONAL WATERWORKS Repair&Maint.Supplies Storm Drainage 121455 1,477 NATIONWIDE ADVERTISING SERVICE Employment Advertising Human Resources 121456 293 NORTHERN TOOL&EQUIPMENT CO. Repair&Maint.Supplies Water Treatment Plant 121457 87 NORTHWEST RESPIRATORY SERVICE Safety Supplies Fire 121458 44 OSI BATTERIES INC Operating Supplies Water Meter Repair 121459 75 PAIN ENTERPRISES INC. Repair&Maint.Supplies Ice Arena 121460 44 PAPER DIRECT INC Office Supplies Recreation Administration 121461 51 PARTEK SUPPLY INC Improvements to Land Park Acquisition&Development 121462 73 PETSMART Canine Supplies Police 121463 2,384 PICHA GREENHOUSE Landscape Materials/Supp Park Maintenance 121464 2,659 PRAIRIE ELECTRIC COMPANY Building Repair&Maint. Water Treatment Plant 121465 158 PRAIRIE LAWN AND GARDEN Operating Supplies Street Maintenance 121466 480 PRAIRIE OFFSET PRINTING Printing Street Maintenance 121467 144 PRINTERS SERVICE INC Repair&Maint.Supplies Ice Arena 121468 29 RAINBOW RACING SYSTEM Operating Supplies Pool Special Events 121469 1,460 RAY ALLEN MANUFACTURING CO INC Canine Supplies Police 121470 656 RAY,LEE Other Contracted Services Softball I �� Check n Amount Vendor 1 Explanation Account Description Business Unit I2I471 1,030 REBS MARKETING Other Contracted Services Water Accounting 121472 529 RECREONICS Safety Supplies Pool Operations 121473 45 RIGID HITCH INCORPORATED Equipment Parts Fleet Services 121474 30,121 RMR SERVICES INC Other Contracted Services Utility Improvement Fund 121475 173 RUFFRIDGE JOHNSON EQUIPMENT CO Equipment Parts Fleet Services 121476 450 RUMPCA CO INC Waste Disposal Tree Removal 121477 150 SCRAP METAL PROCESSORS INC Equipment Repair&Maint Fleet Services 121478 794 SEELYE PLASTICS INC Equipment Parts Water Treatment Plant 121479 43 SHERWIN WILLIAMS CO Building Repair&Maint. Park Maintenance 121480 964 SHORT ELLIOT HENDRICKSON INC Design&Engineering Improvement Projects 1996 121481 206 SINTLEXGRINNELL LP Repair&Maint.Supplies Maintenance 121482 35 SNAP-ON TOOLS - Small Tools Fleet Services 121483 990 SNELL MECHANICAL INC Repair&Maint.Supplies Maintenance 121484 112 SOFTWARE HOUSE INTERNATIONAL I Software Information Technology 121485 82 SOUTHWEST LOCK&KEY Equipment Repair&Maint Maintenance 121486 253 SOUTHWEST SUBURBAN PUBLISHING- Employment Advertising Human Resources 121487 2,973 SPECTRUM COMMERCIAL SERVICES Other Contracted Services Marketeenter Reservoir 121488 14,865 SRF CONSULTING GROUP INC Other Contracted Services TIF fund 121489 3,112 STANDARD SPRING Equipment Repair&Maint Fleet Services 121490 277 STEVE LUCAS PHOTOGRAPHY Video&Photo Supplies Communication Services 121491 503 STREICHERS Clothing&Uniform Police 121492 38 SUBURBAN CHEVROLET GEO Equipment Parts Fleet Services 121493 34 SUBURBAN PROPANE Motor Fuels Fleet Services 121494 302 SUBURBAN TIRE WHOLESALE INC Tires Fleet Services 121495 4,175 SUMMIT ENVIROSOLUTIONS Other Contracted Services Utility Improvement Fund 121496 254 SUN NEWSPAPERS Legal Notices Publishing City Clerk 121497 19 SUN TURF Equipment Repair&Maint Park Maintenance 121498 290 SWEDLUNDS Waste Disposal Outdoor Center 121499 1,120 TESSMAN SEED CO Chemicals Park Maintenance 121500 162 THYSSENKRUPP ELEVATOR Equipment Repair&Maint Maintenance 121501 280 TRUGREEN CHEMLAWN MTKA Other Contracted Services Water Treatment Plant 121502 45 TWIN CITY OXYGEN CO Lubricants&Additives Fleet Services 121503 151 ULTIMATE OFFICE Office Supplies Water Utility-General 121504 1,990 UNIFORMS UNLIMITED Clothing&Uniforms Fire 121505 6 UNITED CALIFORNIA FACTORS Office Supplies General 121506 52 UNLIMITED SUPPLIES INC Equipment Parts Fleet Services 121507 3,634 US FILTER/JWI Equipment Parts Water Treatment Plant 121508 132 VESSCO INC Equipment Parts Water Treatment Plant 121509 793 WACONIA FARM SUPPLY Small Tools Capital Outlay Parks 121510 289 WALMART COMMUNITY Operating Supplies Afternoon Playground 121511 1,140 WALTERS SWIM SUPPLIES INC. Clothing&Uniform Pool Lessons 121512 750 WELLS FARGO BANK MINNESOTA NA Paying Agent Open Space Debt 1994 121513 316 WEST WELD Equipment Parts Fleet Services 121514 121 WOLF CAMERA Video&Photo Supplies Assessing 121515 19 WORM,SANDY Operating Supplies Park Maintenance Y 121516 1,920 ZEP MANUFACTURING CO Equipment Repair&Maint Fleet Services 121517 751 ZIEGLER INC Equipment Parts Fleet Services 121518 273 ZOELLNER,MARK Other Contracted Services Softball 1,340,369 Grand Total CITY COUNCIL AGENDA DATE: 07/01/03 SECTION: Ordinances and Resolutions DEPARTMENT: ITEM DESCRIPTION: ITEM NO.: Engineering Final Plat Approval of Eagle Ridge at Hennepin Randy Slick Village One Requested Action Move to: Adopt the resolution rescinding the final plat approval of Eagle Ridge at Hennepin Village One for 214 lots,approved by the City Council on June 3,2003. Move to: Adopt the resolution approving the revised final plat of Eagle Ridge at Hennepin Village One for 200 lots. Synopsis Wooddale Builders is changing the size and shape of the townhouse units which requires that the lot lines and drainage utility easements be relocated. This proposal is located north of TH 212 between Spring Road and Flying Cloud Airport. The revised plat will consist of 44.87 acres to be divided into 200 lots, 11 outlots and right-of-way dedication for street purposes. This phase will have 130 townhome units and 64 single family lots. Background Information By changing to smaller units there is room to build 6 additional units. This will require an amendment to the planned unit development through a public hearing process with the Community Planning Board and City Council. The preliminary plat was approved by the City Council March 18, 2003. Second Reading of the Rezoning Ordinance and final approval of the Developer's Agreement was completed on May 20, 2003. Approval of the final plat is subject to the following conditions: • Receipt of engineering fee in the amount of$10,165.00. • Receipt of street lighting fee in the amount of$1,264.20. • Receipt of street sign fee in the amount of$1,080.30. • Prior to release of the final plat, Developer shall provide to the City a current title insurance policy. • Satisfaction of bonding requirements for the installation of public improvements. • Execution of Special Assessment Agreement for trunk utility improvements and Charlson area improvements., • The requirements as set forth in the Developer's Agreement. • Provide a list of areas (to the nearest square foot) of all lots, outlots and road right-of-ways certified by surveyor. • Revision to plat to include ten foot drainage and utility easements on all lots that abut public right-of-way. Attachments Drawing of final plat Resolution rescinding the final plat Resolution approving the final plat o CITY OF EDEN PRAIRIE HENNEPIN COUNTY,NIINNESOTA RESOLUTION NO.2003- A RESOLUTION RESCINDING FINAL PLAT APPROVAL OF EAGLE RIDGE AT HENNEPIN VILLAGE ONE WHEREAS, the final plat of Eagle Ridge at Hennepin Village One, (the Property) for 214 lots was approved by City Council,Resolution No. 2003-97 on June 3, 2003; WHEREAS, the final plat of Eagle Ridge at Hennepin Village One has not been executed by Mayor and City Manager; and WHEREAS, the Owner requests that approval of the plat of Eagle Ridge at Hennepin Village One; NOW,THEREFORE,BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: A. Resolution 2003- , approved by the City Council on July 1, 2003 is hereby rescinded. ADOPTED by the Eden Prairie City Council on July 1,2003. Nancy Tyra-Lukens,Mayor ATTEST: SEAL Kathleen A. Porta, City Clerk /al CITY OF EDEN PRAIRIE E HENNEPIN COUNTY,NIINNESOTA RESOLUTION NO.2003- A RESOLUTION APPROVING FINAL PLAT OF EAGLE RIDGE AT HENNEPIN VILLAGE ONE WHEREAS, the preliminary plat of Eagle Ridge at Hennepin Village One for 214 family lots was approved by City Council on March 18,2003; WHEREAS, the final plat of Eagle Ridge at Hennepin Village One (the Property) for 214 lots was approved by City Council on July 1,2003; WHEREAS, the Owner has submitted a revised final plat of Ridge at Hennepin Village One which contains 200 lots; WHEREAS, the revised final plat of Eagle Ridge at Hennepin Village One has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder; and WHEREAS, said revised plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW,THEREFORE,BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: A. The revised Plat approval request for Eagle Ridge at Hennepin Village One is approved upon compliance with the recommendation of the City Engineer's report on this plat dated July 1,2003. B. That the City Clerk is hereby directed to supply a certified copy of this resolution to the owners and subdividers of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on July 1,2003. Nancy Tyra-Lukens,Mayor ATTEST: SEAL Kathleen A.Porta,City Clerk SIX2 yr NTH. R-,T nr :rim i... �1- ..^ \ `rf,Iw.NM A/}NNr I _•q4 /Ol.G� 64 / nR.rw w.rN NScffi I zf ti 3• a^a I�1 U. I /t�62i• � g•!!f �OL;Sf•LQN � ._ � •n a:� 0 ♦ % €h i, 1� Qe I/ j \�G` A• / � 1` i7 nC THE i2 v' THE v3 • � /r:. �� � � � �Iq I ra �hq �� ��t•, �� ,� ,t►�i ��a 'w 1 s ••F S.c`'. 281 T :5. 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