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HomeMy WebLinkAboutCity Council - 10/07/2003 AGENDA EDEN PRAIRIE CITY COUNCIL WORKSHOP/FORUM TUESDAY, OCTOBER 7,2003 CITY CENTER 5:00- 6:25 PM,HERITAGE ROOM II 6:30—7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher,Ron Case, and Jan Mosman, and Philip Young CITY STAFF: City Manager Scott Neal, Police Chief Dan Carlson,Fire Chief George Esbensen, Public Works Director Eugene Dietz, Director of Parks and Recreation Bob Lambert, City Attorney Ric Rosow, and Recorder Lorene McWaters Heritage Room II I. CALL MEETING TO ORDER II. APPROVAL OF AGENDA III. SEVEN-MEMBER COUNCIL IV. OTHER TOPICS Council Chamber VI. OPEN FORUM(Scheduled participants, 6:30-7:00 p.m.) VII. OPEN PODIUM (Unscheduled participants, 6:50-7:00 p.m.) VIII. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL TUESDAY, OCTOBER 7,2003 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher,Ron Case,Jan Mosman, and Philip Young CITY STAFF: City Manager Scott Neal,Parks &Recreation Director Bob Lambert,Public Works Director Eugene Dietz, City Planner Michael Franzen, City Attorney Ric Rosow and Council Recorder Jan Curielli I. ROLL CALL/CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS V. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, SEPTEMBER 16,2003 (p. 1) B. CITY COUNCIL MEETING HELD TUESDAY, SEPTEMBER 16,2003 (p. 4) VI. CONSENT CALENDAR : A. CLERK'S LICENSE LIST (p. 11) B. EDEN PRAIRIE CEMETERY EXPANSION by Eden Prairie Cemetery Association. 2nd Reading for Zoning District Change from R1-13.5 to Public on 1 acre. Location: West of Eden Prairie Road, north and east of Cottonwood Lane. (Ordinance for Zoning District Change) (p. 12) C. ADOPT RESOLUTION APPROVING FINAL PLAT OF STONEGATE OF EDEN PRAIRIE 2ND ADDITION (p. 22) D. BRYANT LAKE VIEW SECOND by On the Level Inc. Approve Developer Agreement. Location: South of Crosstown, east side of Beach Road. (p. 25) E. AUTHORIZE STAFF TO BEGIN EMINENT DOMAIN PROCESS WITH PRESERVE ASSOCIATION FOR EASEMENTS ASSOCIATED WITH ANDERSON LAKES PARKWAY TRAIL PROJECT,I.C. 01-5525 (p. 39) F. APPROVE ACCESS AND DRIVEWAY PERMIT AGREEMENT WITH PROPERTY OWNERS ALONG ALPINE TRAIL (p. 40) CITY COUNCIL AGENDA October 7,2003 Page 2 G. APPROVE EXCLUSIVE SALE/LEASE AGREEMENT BETWEEN THE CITY AND NORTHSTAR PARTNERS FOR SERVICES AND FEES ASSOCIATED WITH ANY FUTURE SALE OR LEASE TRANSACTION BETWEEN THE CITY AND C.H.ROBINSON (p. 45) H. APPROVE COMMISSION AGREEMENT BETWEEN THE CITY AND MOHR PARTNERS,INC.,FOR SERVICES AND FEES ASSOCIATED WITH ANY FUTURE LEASE OR SALE TRANSACTION BETWEEN THE CITY AND C.H. ROBINSON (p. 45) I. ADOPT RESOLUTION AMENDING RESOLUTION 2003-131 ESTABLISHING AMOUNTS TO BE ASSESSED FOR 2003 SPECIAL ASSESSMENT ROLLS (p. 55) J. APPROVE CONTRACT AMENDMENT NO. 2, PROFESSIONAL SERVICES AGREEMENT—PURGATORY CREEK RECREATION AREA,PHASE II (p. 58) VII. PUBLIC HEARINGS /MEETINGS; ,, A. SPECIAL ASSESSMENT HEARING FOR APPROVAL OF THE 2003 SPECIAL ASSESSMENTS (RESOLUTION) (p. 62) B. EAGLE RIDGE AT HENNEIV VILLAGE by Pemtom Land Company. Request for Planned Unit Development Concept Amendment on 151.43 acres, Planned Unit Development District Review on 64.9 acres, Zoning District Amendment in the R1-9.5 District on 16.9 acres, Zoning District Amendment in the RM-6.5 District on 48 acres, Site Plan Review on 48 acres, and Preliminary Plat of 12.1 acres into 84 lots, and road right of way. Location: North of Highway 212, east of Spring Road. (Resolution for PUD Concept Review, Ordinance for PUD District Review, Zoning District Amendment,Resolution for Preliminary Plat) (p. 68) VIII. PAYMENT OF CLAIMS (p. 86) IX. ORDINANCES AND RESOLUTIONS A. FIRST READING OF AN ORDINANCE AMENDING CITY CODE SECTION 10.01 ADOPTING THE MINNESOTA STATE BUILDING CODE (p. 96) B. FIRST READING OF AN ORDINANCE AMENDING CITY CODE SECTION 9.05 ADOPTING THE MINNESOTA UNIFORM FIRE CODE (p. 101) X. PETITIONS,REQUESTS AND COMMUNICATIONS A. ADOPT RESOLUTION APPROVING GRADING/LAND ALTERATION PERMIT FOR LOT 2,BLOCK 1,BRYANT LAKE HEIGHTS (p. 104) M. REPORTS OF ADVISORY BOARDS & COMMISSIONS CITY COUNCIL AGENDA October 7,2003 Page 3 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 1. Flying Cloud Ballfield Expansion—Revised Plan (p. 110) 2. City Survey (p. 114) 3. Jean Harris Memorial Bridge (p. 125) 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 PRAIRIE CITY COUNCIL WORKSHOP/FORUM TUESDAY, SEPTEMBER 16, 2003 CITY CENTER 5:00- 6:25 PM,HERITAGE ROOM II 6:30—7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher,Ron Case, and Jan Mosman, and Philip Young CITY STAFF:' City Manager Scott Neal,Police Chief Dan Carlson,Fire Chief George Esbensen,Public Works Director Eugene Dietz, City Attorney Ric Rosow, and Recorder Lorene McWaters Heritage Room II I. CALL MEETING TO ORDER II. APPROVAL OF AGENDA III. DRAFT LOCAL WATER MANAGEMENT PLAN Environmental Coordinator Leslie Stovring provided an overview of the Draft Local Water Management Plan(DLWMP). She noted completion of the plan was delayed because the City's consultant for this work,Montgomery Watson, left the Twin Cities and another firm, Wenck, finished the project. The Community Planning Board held a public hearing on the plan on September 8. This public hearing is followed by a 45-day public comment period,which ends October 24. Public comments will be incorporated into the DLWMP and the final plan will be presented to the City Council for approval in November or December. Stovring said the DLWMP was developed to fulfill requirements of Minnesota Statutes. The plan is a summary of the City's water resource management goals and policies, and includes a capital improvement program. Stovring said the Task Force's review of the City's water resources led them to conclude that the primary goal should be to maintain and improve the quality of our lakes. Resources were prioritized and allocated accordingly. Prioritization was based on,a number of factors, including recreational usage. In conjunction with Nine Mile Creek and Riley-Purgatory-Bluff Creek Watershed Districts,Use Attainability Analyses (UUAs)were conducted on the main bodies of waters, including Round Lake,Riley Lake,Rice Marsh Lake, and Birch Island Lake. Funding for projects is based on recommendations made in the UUAs. The inventory conducted as part of the plan identified a total of 661 water bodies in the City, including 487 wetlands, 144 stormwater ponds, 15 filled wetlands, and 15 lakes. Round,Rice Marsh,Bryant and Birch Island Lakes were identified as "high priority," based on recreational use and aquatic life. Capital improvement projects were identified to maintain or improve the quality of these lakes,including a Round Lake water quality improvement project, a Riley Lake water quality improvement project, and annual stormwater pond maintenance,repair and upgrade projects. Many of these projects will be funded at least partially by the respective Watershed Districts. Total expenditures for the City's share of these projects ranges from$655,000 in 2003 to $834,500 in 2007. Possible funding sources identified in the plan include the City's stormwater utility, Watershed District grants, Cash Park fees, and project-specific grants. Councilmember Case suggested that the plan indicate that although Round Lake was identified as "high priority,"the City may decide it is not feasible to maintain it as a swimming lake. Public Works Director Gene Dietz said he would ask staff to put caveats into the plan stating that the City may not be able to attain some of the standards set forth in the report. A recommendation for a goose population study will also be added. Councilmember Mosman suggested having an article with an overview of the plan in the local newspapers. She thinks residents would be interested in having this information. IV. OTHER TOPICS Council Chamber VI. OPEN FORUM(Scheduled participants, 6:30-7:00 p.m.) A. MR. STEVE WAGNER Mr. Wagner appeared before Council regarding maintenance of a vacant lot near his home on Wilderness Cove. He said he feels he ran into a bottleneck when he approached the City about taking care of the problem. He said he feels that if an owner refuses to maintain a property, the City ought to have processes and procedures in place to see that the work gets done and charged back to the owner. B. MR.MIKE BOLAND Mr. Boland said he served as on the Outdoor Aquatic Center and Community Center Task Forces,which passed on their recommendations to the Council last spring. He said he has been bombarded with questions about what the City is going to do with the Task Forces' recommendations. He said he was glad to read in the newspaper that the City is planning to conduct a phone survey to determine whether or not there is support for a referendum. He thanked the Council for their work on this issue, and volunteered to help in any way he can to see the project move forward. VH. OPEN PODIUM(Unscheduled participants, 6:50-7:00 p.m.) VIII. ADJOURNMENT 3 UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY,SEPTEMBER 16,2003 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher,Ron Case,Jan Mosman, and Philip Young CITY STAFF: City Manager Scott Neal,Parks &Recreation Director Bob Lambert,Public Works Director Eugene Dietz, City 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. Parks &Recreation Director Bob Lambert was absent. II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION 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. She said Open Forum is reserved for scheduled participants and if you wish to speak to the Council during Open Forum,please contact Ms. Lorene McWaters in the City Manager's office by calling 952.949.8412 by noon of the meeting date with your name and the subject matter you wish to address. Tyra-Lukens said the Council also provides an impromptu,unscheduled Open Podium opportunity for citizens to address the Council concerning issues related to Eden Prairie city government from 6:50 to 7:00 p.m. immediately following Open Forum. She said Open Forum and Open Podium are not recorded or televised and 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. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Case added two reports, and Mosman and Tyra-Lukens each added one report under XIII.A. REPORTS OF COUNCILMEMBERS. MOTION: Case moved, seconded by Mosman,to approve the Agenda as published and amended. Motion carried 5-0. 1 CITY COUNCIL MEETING September 16,2003 Page 2 V. MINUTES A. COUNCIL FORUM HELD TUESDAY, SEPTEMBER 2,2003 MOTION:Butcher moved, seconded by Mosman,to approve as published, the Minutes of the City Council Forum held September 2,2003. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY, SEPTEMBER 2,2003 MOTION: Young moved, seconded by Butcher,to approve as published, the Minutes of the City Council Meeting held September 2, 2003. Motion carried 5-0. VI. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. SOUTHWEST STATION SIGN by Southwest Metro. 2nd Reading 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. (Ordinance No. 24-2003-PUD-14-2003 for PUD District Review,Zoning District Amendment) C. APPROVE 2" READING OF AN ORDINANCE NO. 26-2003 AMENDING THE CITY CODE BY ADDING SECTION 4.23,MALT LIQUOR LICENSE REQUIRED D. ADOPT RESOLUTION NO. 2003-135 AMENDING FEE RESOLUTION 2002- 190,BY ADDING SECTION 1.5,INTOXICATING MALT LIQUORS (GROWLERS) E. APPROVE SUPPLEMENTAL WORK REQUEST FROM SRF FOR ADDITIONAL DESIGN AND CONSTRUCTION SERVICES FOR SOUTHWEST STATION TRAFFIC SIGNAL IMPROVEMENTS,I.C. 03-5590 F. ADOPT RESOLUTION NO. 2003-136 SETTING PUBLIC HEARING FOR APPROVAL OF THE I-494 IMPROVEMENTS FROM TH5 TO I-394 G. ADOPT RESOLUTION NO. 2003-137 SUPPORTING EARLIER LETTING AND SHORTENED CONSTRUCTION SCHEDULE FOR INTERCHANGE IMPROVEMENTS AT TH169/ANDERSON LAKES PARKWAY AND TH 169/PIONEER TRAIL (CSAH 1) H. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SUMMIT ENVIROSOLUTIONS FOR INSTALLATION OF ELECTRONIC TRANSDUCERS IN 13 MUNICIPAL WELLS 5 CITY COUNCIL MEETING September 16,2003 Page 3 I. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SUMMIT ENVIROSOLUTIONS TO PROVIDE TECHNICAL SUPPORT AND MAINTENANCE FOR WELL FIELD MONITORING SYSTEM J. AWARD CONTRACT FOR RILEY-JACQUES BARN REMODELING K. AWARD CONTRACT FOR RE-ROOFING OF THE SENIOR CENTER TO DALCO ROOFING INC. L. APPROVE LEASE AGREEMENT FOR PRAIRIE VIEW LIQUOR STORE M. RESOLUTION NO.2003-138 AUTHORIZING SECOND AMENDMENT TO PROJECT MANAGEMENT AGREEMENT, FIRST AMENDMENT TO REGULATORY AGREEMENT AND AMENDED SUBORDINATION AGREEMENT(LINCOLN PARC) MOTION:Mosman moved, seconded by Young, to approve Items A-M of the Consent Calendar. Motion carried 5-0. VII. PUBLIC HEARINGS/MEETINGS A. HOST APPROVAL FOR ISSUANCE OF HEALTH CARE FACILITIES REVENUE BONDS,SERIES 2003 (GROUP HEALTH PLAN,INC. PROJECT) (Resolution No.2003-139) City Manager Scott Neal said official notice of this public hearing was published in the August 28,2003,Eden Prairie Sun Current. He said Group Health Plan, Incorporated,more commonly known as Health Partners,has recently issued tax- exempt bonds through the cities of Minneapolis and St.Paul to construct improvements to properties it owns throughout the metropolitan area. Because the funds used to construct the improvements are the result of a tax-exempt financing, Minnesota Statutes requires the"host community"of the facility that will be improved to hold a public hearing to approve the project(s). Neal said in Eden Prairie,the tax-exempt funds will be used to fund office renovation work at the Health Partners office located at 9700 West 76th Street. Staff recommends the Council grant the necessary approval for this item. Tyra-Lukens clarified that there is no public financing involved from the City of Eden Prairie.Neal said the tax-exempt bonds were issued by the cities of Minneapolis and St.Paul and this is a housekeeping item. There were no public comments. MOTION: Butcher moved, seconded by Mosman,to close the Public Hearing and Adopt Resolution giving host approval for issuance of Healthcare Facilities Revenue Bonds, Series 2003 (Group Health Plan,Inc.Project).Motion carried 5-0. CJ CITY COUNCIL MEETING September 16,2003 Page 4 B. CIMA LABS by CIMA Labs, Inc.Request for Planned Unit Development Concept Review on 9.47 acres,Planned Unit Development District Review on 9.47 acres, and Site Plan Review on 9.47 acres. Location: 10000 Valley View Road. (Resolution No. 2003-140 for PUD Concept Review, Ordinance for PUD District Review, Zoning District Amendment) City Manager Scott Neal said official notice of this public hearing was published in the September 4, 2003,Eden Prairie Sun Current, and sent to 19 property owners.He said the site plan shows an expansion of the existing 77,007 square foot building by an additional 18,150 square feet and 76 additional parking spaces and the plan meets all requirements in the I-2 Industrial Zoning District. Neal said the Community Planning Board voted 7-0 to recommend approval of the project to the City Council at the August 25,2003 meeting, subject to modifying the mechanical equipment screening for better screening of rooftop mechanical equipment and provide a TDM budget. A revised TDM budget is included in the packet. He said the mechanical equipment screening plan has not been completed. However, staff has met with the applicant on-site and agreed that the screening will extend the entire length of the addition. Franzen said this is a minor building expansion and parking lot expansion plan that meets all City code requirements.He said determining the method to screen mechanical equipment will be done prior to the developer's agreement and will be completed by the second reading. Dave Hagan,planning consultant for CIMA Labs, said the basic information has been presented well and he is available for questions. There were no public comments. MOTION: Case moved, seconded by Mosman, to close the Public Hearing; and adopt the Resolution for Planned Unit Development Concept Review on 9.47 acres; and approve 1st Reading of the Ordinance for Planned Unit Development District Review and Zoning District Amendment in the I-2 Zoning District; and direct Staff to prepare a Development Agreement incorporating Staff and Board recommendations and Council conditions; and direct Staff to issue a land alteration permit and footings and foundation permit. Motion carried 5-0. VIII. 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,Mosman,Young and Tyra-Lukens voting"aye." IX. ORDINANCES AND RESOLUTIONS X. PETITIONS,REQUESTS AND COMMUNICATIONS CITY COUNCIL MEETING September 16,2003 Page 5 XI. REPORTS OF ADVISORY BOARDS & COMMISSIONS XII. APPOINTMENTS A. APPOINTMENT OF STUDENT REPRESENTATIVES TO BOARDS AND COMMISSIONS City Manager Scott Neal said he held a meeting with the staff liaisons to City Commissions to review and discuss the applications. Recommendations were then made based on the students' stated preferences and the quality of their application. Twenty-four applications were received by the deadline.Three students are being recommended for each Commission, for a total of 12 student appointments. Neal said an orientation session will be held for the student representatives before they begin serving on their Commission,with all terms beginning in October 2003 and ending May 2004. The orientation will include general information on the City Council as well as Commission structure and function. Based on student representative recommendations from last year,the students' terms were lengthened and this has taken effect with moving the starting month from November to October. MOTION: Case moved, seconded by Young,to appoint Chris Shea, Cole Johnson, and Rachel Giertz as Student Representatives to the Parks,Recreation and Natural Resources Commission to terms beginning October 2003 through May 2004. Motion carried 5-0. MOTION: Mosman moved, seconded by Butcher, to appoint Kian Missaghi,Molly Moroski, and Jackie Beutell as Student Representatives to the Human Rights and Diversity Commission to terms beginning October 2003 through May 2004. Motion carried 5-0. MOTION: Young moved, seconded by Case, to appoint Thomas Grant,John Buteyn, and Mackenzie Epping as Student Representatives to the Heritage Preservation Commission to terms beginning October 2003 through May 2004. Motion carried 5-0. MOTION: Butcher moved, seconded by Mosman, to appoint Andrew Krause, Carly Hofstedt, and Evan Estrine as Student Representatives to the Arts and Culture Commission to terms beginning October 2003 through May 2004. Motion carried 5-0. XIII. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Brush in Wooded Areas—Councilmember Case Case said he received a call from a resident on Pioneer Trail who had a fire sweep up the back hillside of her property in an outlot area not a conservation CITY COUNCIL MEETING September 16,2003 Page 6 easement. She said her neighbors had been piling areas of brush in that area. Case asked if there is an ordinance against piling brush in woods areas, particularly in times of drought.Neal said there is probably an ordinance based on the fire potential and Staff will follow up with the resident. 2. Youth Center—Councilmember Case Case raised the concept of discussing a youth center as a building and not a program in the City. He suggested discussing it at the Staff level before possibly discussing with school district officials at a joint meeting. Butcher said there are many facilities available for this use. 3. Citizen Input—Councilmember Mosman Mosman commented regarding citizen input. She said there are many issues where the Council wants citizen input because there are always two ways to look at issues. She encouraged citizens to get in touch with Councilmembers and let them know their opinions. Tyra-Lukens said that citizens can also contact their county commissioners and legislators because issues resolved at those levels also impact residents and the city as a whole. 4. Reliever Airport Security Meeting—Mayor Tyra-Lukens Tyra-Lukens reported that she attended a meeting today where the U.S. District Attorney discussed reliever airport security. She said the city was also represented by Neal,Butcher,Police Chief Carlson,Fire Chief Esbensen and Captain Reynolds. She said police chiefs from Blaine, St.Paul and Crystal, locations of other reliever airports, also attended as well as members of the Metropolitan Airport Commission,Transportation Safety Administration and the FBI and the MAC police chief and Homeland Security District director. Tyra-Lukens said they discussed security plans for the reliever airports and the issue of jurisdiction. She said a security template was developed for Flying Cloud Airport that could be used by other reliever airports to customize the approach to security at the reliever airports. She said the template is scheduled to be completed within two months. B. REPORT OF CITY MANAGER C. REPORT OF MANAGEMENT AND BUDGET DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF ci CITY COUNCIL MEETING September 16,2003 Page 7 H. REPORT OF CITY ATTORNEY XIV. OTHER BUSINESS XV. ADJOURNMENT MOTION: Case moved, seconded by Butcher,to adjourn the meeting.Motion carried 5-0. Mayor Tyra-Lukens adjourned the meeting at 7:25 p.m. /0 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar October 7,2003 SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Police/C.O.P.Unit Clerk's License Application List Christy Weigel These licenses have been approved by the department heads responsible for the licensed activity. Private Kennel Ross & Gail Cohen—3 dogs Amendment to Liquor License- Malt Liquor License Hops of Minnesota, Ltd DBA: Hops Restaurant Bar&Brewery New Liquor License RT Minneapolis Franchise, LLC DBA: Ruby Tuesday New Liquor License—Wine w/Strong Beer & 3.2 Beer On-Sale Chipotle Mexican Grill of Colorado, LLC DBA: Chipotle Mexican Grill New Liquor License—3.2 Beer On-Sale New Ownership Innkeepers Hospitality III, Inc (Formerly Marriott International) DBA: Residence Inn Eden Prairie CITY COUNCIL AGENDA DATE: 10/07/03 SECTION: Consent Agenda DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Management and Budget/Planning Scott H. Neal Eden Prairie Cemetery Expansion -a • E Scott A. Kipp Requested Action Move to: • Approve 2nd Reading of the Ordinance for Zoning District Change from R1-13.5 to Public on 1 acre; and • Approve the Development Agreement for Eden Prairie Cemetery Expansion. Synopsis This is for an expansion of the Eden Prairie Cemetery located west of Eden Prairie Road, north and east of Cottonwood Lane. Background At the August 19, 2003 City Council meeting, the Council directed staff to establish a landscape buffering plan that provides for additional long term screening of the cemetery. This could be accomplished by planting a greater number of smaller trees now rather than a single row of six- foot evergreens, so that a more significant buffer would be established over time and prior to use of this part of the cemetery. Since this portion of the cemetery is not expected to be used for burials for 20 years or more, the time to implement the landscape buffering plan is five years. Attachments 1. Ordinance for Zoning Change 2. Development Agreement ra EDEN PRAIRIE CEMETERY EXPANSION CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 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 11 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 R1-13.5 Zoning District and be placed in the Public District. Section 3. The proposal is hereby adopted and the land shall be, and hereby is removed from the R1-13.5 District and shall be included hereafter in the Public District, and the legal descriptions of land in each District referred to in City Code Section 11.03, Subdivisionl, Subparagraph B, shall be, and are amended accordingly. Section 4. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99, "Violation a Misdemeanor" are hereby adopted in their entirety,by reference, as though repeated verbatim herein. Section 5. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of October 7, 2003, entered into between the Eden Prairie Cemetery Association, and the City of Eden Prairie, and which Agreement is hereby made a part hereof. 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 19th day of August, 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 7th day of October, 2003. ATTEST: Kathleen A. Porta, City Clerk Nancy Tyra-Lukens,Mayor PUBLISHED in the Eden Prairie Sun Current on 13 EXHIBIT A EDEN PRAIRIE CEMETERY EXPANSION Legal Description Outlot B,FAIRFIELD OF EDEN PRAIRIE,Hennepin County,Minnesota EDEN PRAIRIE CEMETERY EXPANSION CITY OF EDEN PRAIRIE HENNEPIN COUNTY,NIINNESOTA SUMMARY OF ORDINANCE NO. 2003 -- AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows rezoning of one acre of land located west of Eden Prairie Road, north and east of Cottonwood Lane, from the R1-13.5 Zoning District to the Public Zoning District. E xhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen A. Porta, City Clerk Nancy Tyra-Lukens,Mayor PUBLISHED in the Eden Prairie News on . (A full copy of the text of this Ordinance is available from City Clerk.) 15 EXIT A EDEN PRAIRIE CEMETERY EXPANSION Legal Description Outlot B,FAIRFIELD OF EDEN PRAIRIE,Hennepin County,Minnesota l6 DEVELOPMENT AGREEMENT EDEN PRAIRIE CEMETERY THIS DEVELOPMENT AGREEMENT ("Agreement") is entered into as of October 7, 2003,by Eden Prairie Cemetery Association, 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 a Zoning District Change from R1-13.5 to Public Zoning District on 1 acre, legally described on Exhibit A(the"Property"); • NOW,THEREFORE,in consideration of the City adopting Ordinance No. for Zoning District Change from R1-13.5 to Public on 1 acre, 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 July 14, 2003,reviewed and approved by the City Council on August 19, 2003,as further revised pursuant to City Council direction in conformance with the materials stamp dated September 26, 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. LANDSCAPE PLAN: Prior to the use of any grave lots within the Property,but not later than five (5) years from the date of this Agreement, Developer shall complete implementation of the landscaping plan as depicted in the Exhibit B Plans. Developer agrees to maintain the landscaping according to City code. 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 Eden Prairie Cemetery Association By .7(e•e, ,/ �� '�, By Its �- ece- „ ,__ 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 ) �--- T e foregoing ins ent was ac owled$ed before me this 3o day ,[ 1 42003,by , the VA.6 _ , of Eden Prairie Cemetery Association, a Minnesota corpora io , o ehalf of the corporation. • 1cou'tg lap sandx3 uoisspwao Aim VlOS3NNIW-011911d AUV10N #: 3Mf1a LS 'r .9 Notary blic 0.10AmmmAYAwmwwwwkomemme IS EXHIBIT A DEVELOPMENT AGREEMENT—EDEN PRAIRIE CEMETERY Legal Description Outlot B, FAIRFIELD OF EDEN PRAIRIE, Hennepin County, Minnesota EXHIBIT B THE PLANS 1. Preliminary Rezoning Plan dated 7/14/03 by Hansen Thorp Pellinen Olson,Inc. 2. Preliminary Rezoning Plan dated 9/23/03 by Hansen Thorp Pellinen Olson,Inc. D.O EXHIBIT C DEVELOPMENT AGREEMENT—EDEN PRAIRIE CEMETERY If Developer fails to proceed in accordance with this Agreement within five(5)years from 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. II. Provisions of this Agreement shall be binding upon and enforceable against owners, their successors, and their assigns of the Property herein described. III. 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. IV. 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. V. 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, C ity may b e without a n adequate remedy a t 1 aw. 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. VI. 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. CITY COUNCIL AGENDA DATE: October 7,2003 SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: ITEM NO.: Engineering Final Plat Approval of Stonegate of Eden PrairieC Randy Slick 2nd Addition Requested Action Move to: Adopt the resolution approving the final plat of Stonegate of Eden Prairie 2nd Addition Synopsis This proposal is located south of Dane Drive and west of Stable Path. The plat consists of 5.19 acres to be divided into eight single-family lots and right-of-way dedication for street purposes. The 2nd phase will consist of replatting Lots 3 and 4, Block 1 into two additional lots after October 15, 2005 per the Development Agreement, at which time the existing assessory building will be removed from the property. Background Information The preliminary plat was approved by the City Council May 6, 2003. Second Reading of the Rezoning Ordinance and final approval of the Developer's Agreement was completed on July 1, 2003. Approval of the final plat is subject to the following conditions: • Receipt of engineering fee in the amount of$380.00. • Receipt of street lighting fee in the amount of$16.05. • Receipt of street sign fee in the amount of$512.30. • Prior to release of the final plat, Developer shall provide to the City a current title insurance policy insuring such a condition of title. • Satisfaction of bonding requirements for the installation of public improvements. • Execution of Special Assessment Agreement for trunk utility improvements and Stable Path improvements. • The requirements as set forth in the Developer's Agreement. • Provide a list of areas (to the nearest square foot) of all lots, outlots and road right-of- ways certified by surveyor. • Prior to release of the final plat, Developer shall submit a Wetland Plan to the Environmental Coordinator. Attachments Drawing of final plat as CITY OF EDEN PRAIRIE HENNEPIN COUNTY,NIINNESOTA RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF STONEGATE OF EDEN PRAIRIE 2ND ADDITION WHEREAS, the plat of Stonegate of Eden Prairie 2nd Addition has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW,THEREFORE,BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: A. Plat approval request for Stonegate of Eden Prairie 2nd Addition is approved upon compliance with the recommendation of the City Engineer's report on this plat dated October 7,2003. B. That the City Clerk is hereby directed to supply a certified copy of this resolution to the owners and subdividers of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. • ADOPTED by the Eden Prairie City Council on October 7, 2003. Nancy Tyra-Lukens,Mayor ATTEST: SEAL Kathleen A. Porta, City Clerk a3 I - i:; 1..;- Yii' I 'i$ OODOr M-9Z19t.00N i �s !c' I wtn i_ 1' 1 F ri e S. I ' --.--- .t i yp 1 c • I• • •,• 1 Co I 3 I i p .`i l:1 e ^4E ,s ita .-tb Vim' -l.. / \t6`I k es r'1 IL • I It 1$ +roc,.it 1., ;..,s.1;,.. t . I �' S> -I 'i o° 4 c ', ;x; -i `i I: 1" Y. f r,i CO) C) 4. r, I: I, r () 1 O ). I`, I Icy •1 -i i 1' & B 'I 1 I'.1 a,v I ffi :I p a �, CJ I u •er„ ,t)u a..n:---J% S` r .s "1 0° C) g F i r.iiR�< 44-• ,..F 1 • I� /y 1 N H /y4, •�•. `: r,i m •• 1� I . / ,.Oi Ii if q IH /r / of :V is I `V U o E l a E/ ). I I 1• / a/ lS 11 r') w.r It--- `r --- " (lt I i ;g .I p niw Q J. r Ia Iwy el - 1 °, ?ae — o ,3, O1 IN I,-n L. r--.DC.tun.fLS:. - J' I 1� oq S v :11 1' IHn 1 --,o I 3 L_ ` ` I" e" 1 E p r--- o It In ' I s 1 JI••'-I _ I• p 5 3 i---�U1._ ,_ xw.t.ro.,r.taxc '� I g;11 'r4�.• ; o`...: 1 w ,CI '.w.r �'-- ° ,rn _ 18 •t } i*t1 — 1—c �° 'o I :-tt :) 1 % y 1 li. i \\r • -•. \t v 1<Y I I. rter.*.. \ O „ \ .i1 `'; I >� ., . o uo, 4 *I RN S. t% v.m ? q� 1. ilk Sao r5- '1 t" �,tt r�¢' 9 q 5 11 L IIY 11F �� :11 t LG I 3 3 Pia 1' t` :1 .: tt !I ps 4 - s 3 IA r. i� = i 1! r '4. , ° o S I, ,%, S a2.I J•. i i t, _. L,K MITI era, .atorgx. ._ It O-lE't4r4rrrw.- I I. .trot STABLE PATH a uu B-_J/^1\� .. I ...,^ t —---- 00.001• M.LO1iro00N `' ---I-- ° t t I ?ci o I , Cfr .- • I w :tC c` —Q, - o n J CITY COUNCIL AGENDA DATE: 10/7/03 SECTION: Consent Agenda DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Management and Budget/Planning Scott H. Neal Bryant Lake Second Addition rar-'p, Danette M. Moore Requested Action Move to: • Approve the Development Agreement for Bryant Lake Second Addition; and • Approve and Authorize Issuance of a Grading Permit for Bryant Lake Second Addition, subject to City Engineer's approval based on final contract documents. Synopsis This is for replatting of one existing single-family lot to create two single-family lots. Attachments 1. Developer's Agreement as DEVELOPMENT AGREEMENT BRYANT LAKE VIEW SECOND ADDITION THIS DEVELOPMENT AGREEMENT("Agreement")is entered into as of August 19,2003,by On the Level Inc., a 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 Preliminary Plat of 2.57 acres into 2 lots,legally described on Exhibit A(the"Property"); NOW,THEREFORE,in consideration of the City adopting Resolution No. for Preliminary Plat, Developer agrees to construct, develop and maintain the Property as follows: 1. PLANS: Developer shall develop the Property in conformance with the materials revised and stamp dated ,reviewed and approved by the City Council on July 15, 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. PLANS FOR INDIVIDUAL HOME CONSTRUCTION: Prior to building permit issuance for each residential structure on each parcel of the Property,a Certificate of Survey for such parcel shall be submitted for review and written approval by the Building Department. The Certificate of Survey shall include a certification by the builder that construction of the residence is consistent with this Agreement and all exhibits attached hereto, and shall further contain the following information: A. Topography with 2 foot contour intervals for existing and proposed grades. Topography must be field verified. B. Location of structures with finished floor elevations. C. Retaining walls,type,height, and type of details. D. Location of sewer,water, gas and electric lines. E. Method of erosion control. F. Detailed grading plans. G. No construction or grading within any conservancy easement area. H. No steepening of the natural slopes and walk out levels that meet natural grade. I. Engineered design for footing, foundation, and retaining walls. 4. DEVELOPER'S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a violation of City Code relating to use of the Land construction thereon or failure to fulfill an obligation imposed upon the Developer pursuant to this Agreement, City shall give 24 hour notice of such violation in order to allow a cure of such violation,provided however, City need not issue a building or occupancy permit for construction or occupancy on the Land while such a violation is continuing, unless waived by City. The existence of a violation of City Code or the failure to perform or fulfill an obligation required by this Agreement shall be determined solely and conclusively by the City Manager of the City or a designee. 5. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall release,defend and indemnify City,its elected and appointed officials,employees and agents from and against any and all claims, demands, lawsuits, complaints, loss, costs (including attorneys' fees), damages and injunctions relating to any acts, failures to act, errors, omissions of Developer or Developer's consultants,contractors,subcontractors,suppliers and agents. Developer shall not be released from its responsibilities to release, defend and indemnify because of any inspection,review or approval by City. 6. DRIVEWAY: Developer shall remove existing driveway pavement area as identified in the document set forth in Exhibit B. 7. 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 s hall submit t o 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. 8. GRADING IN THE WOODED AREAS ON SITE: Prior to grading within any of the wooded areas on the Property, delineated on Exhibit , 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. 9. PRIVATE UTILITIES: Prior to the release of the final plat for the Property, Developer shall submit to the City Engineer and receive the City Engineer's approval of a utility and maintenance agreement for the use of existing private utilities between Lot 2, Block 1, Bryant Lake View Estates and Lot 1, Block 1, Bryant Lake View Estates. The agreement shall address the use and maintenance o f s anitary s ewer and water s ervices a cross the property. All of these facilities shall be privately owned. Developer shall submit proof to the City Engineer that the utility and maintenance agreement has been recorded in the Hennepin County Recorders Office/Registrar of Titles Office 10. 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. 11. STREET AND UTILITY PLANS: Prior to issuance by the City of any permit for the construction of public utilities for the Property,Developer shall submit to the City Engineer, and obtain the City Engineer's written approval of plans for public sanitary sewer and water. The public sanitary sewer shall extend from the sanitary sewer interceptor to the westerly lot line of Lot 2 of the property. Plans for public infrastructures shall be of a plan view and profile on 24 x 36 plan sheets consistent with City standards. A permit fee of five percent of construction value shall be paid to City by Developer. The design engineer shall provide daily inspection,certify completion in conformance to approved plans and specifications and provide record drawings. 12. STRUCTURE SETBACKS FROM 100 YEAR FLOOD ELEVATION: All permanent structures which will abut existing wetlands or storm water pretreatment ponds must have a minimum setback of 30 feet from the 100-year flood elevation as shown on the Plans. 13. TREE LOSS -TREE REPLACEMENT: There are 1,278 diameter inches of significant trees on the Property. Tree loss related to development on the Property is calculated at 278 diameter inches. Tree replacement required is 81 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 84 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. 14. UTILITY EASEMENTS: Prior to the release of the final plat for the Property,Developer shall convey drainage and utility easements, at no cost, to the City, as identified in the documents set forth in Exhibit B. The drainage and utility easement shall be 20 feet in width, extending from the existing sanitary sewer interceptor to Century Lane. 30 IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. DEVELOPER CITY OF EDEN PRAIRIE By 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 , a Minnesota , on behalf of the Notary Public 3 ( EXHIBIT A DEVELOPMENT AGREEMENT-BRYANT LAKE VIEW SECOND ADDITION Legal Description Before Final Plat That part of Lot 1,Block 1,Bryant Lake View Estates,Hennepin County,Minnesota according to the recorded plat thereof lying easterly and southerly of the following described line: Commencing at the most easterly corner of said Lot 1; thence on an assumed bearing of North 47 degrees 59 minutes 07 seconds West along the northeasterly line of said Lot 1, a distance of 381.16 feet to the point of beginning of the line to be described; thence South 00 degrees 55 minutes 00 seconds East a distance of 458.53 feet; thence North 86 degrees 55 minutes 00 seconds West a distance of 225.27 feet to the westerly line of said Lot 1 and there terminating. Legal Description After Final Plat Lots1 and 2,Block 1, Bryant Lake View Second Addition,Hennepin County, Minnesota. EXHIBIT B Title Sheet dated 4/28/03 by Ryan Engineering Preliminary Plat dated 4/28/03 by Ryan Engineering Preliminary Site and Utility Plan dated 4/28/03 by Ryan Engineering Preliminary Grading Plan dated 8/26/03 by Ryan Engineering Preliminary Landscaping and Tree Preservation dated 6/19/03 by Ryan Engineering Preliminary Sanitary Sewer Construction Plan dated 8/26/03 by Ryan Engineering EXHIBIT C DEVELOPMENT AGREEMENT—BRYANT LAKE VIEW SECOND ADDITION I. Prior to release of any building permit, Developer shall submit to the City Engineer for approval two copies of a development plan(1"=100'scale)showing existing and proposed contours,proposed streets,and lot arrangements and size,minimum floor elevations on each lot,preliminary alignment and grades for sanitary sewer,water main,and storm sewer, 100- year flood plain contours, ponding areas, tributary areas to catch basins, arrows showing direction of storm water flow on all lots,location of walks,trails,and any property deeded to the City. II. Developer shall submit detailed construction and storm sewer plans to the Watershed District for review and approval. Developer shall follow all rules and recommendations of said Watershed District. III. Developer shall pay cash park fees as to all of the Property required by City Code in effect as of the date of the issuance of each building permit for construction on the Property. IV. If Developer fails to proceed in accordance with this Agreement within twenty-four (24) months of the date hereof, Developer, for itself, its successors, and assigns, shall not oppose the City's reconsideration and rescission of any Rezoning,Site Plan review and/or Guide Plan review approved in connection with this Agreement,thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. V. Provisions of this Agreement shall be binding upon and enforceable against owners, their successors, and their assigns of the Property herein described. VI. The Developer hereby irrevocably nominates, constitutes, and appoints and designates the City as its attorney-in-fact for the sole purpose and right to amend Exhibit A hereto to identify the legal description of the Property after platting thereof. VII. Developer represents that it has marketable fee title to the Property, except: 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. 341 B. That Developer has not used, employed, deposited, stored, disposed of, placed or otherwise allowed to come in or on the Dedicated Property,any hazardous substance, hazardous waste, pollutant, or contaminant, including,but not 1 imited t o,t hose 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 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 b e without an adequate remedy a t 1 aw. 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 35 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. XIIII. 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. XV. The City shall not issue any building permit for the construction of any building,structure,or improvement o n the Property until a 11 requirements 1 isted i n t his Exhibit C have b een satisfactorily addressed by Developer. XVI. 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. XVII. Prior to issuance of the first building permit for the Property,Developer shall permanently demarcate the location of the boundary of the conservation easement on each lot property line or corner with permanent four-foot tall posts. A 2 %2 by 6 inch sign or decal reading "Scenic/Conservation Easement Boundary,City of Eden Prairie",will be affixed to the top of the post. EXHIBIT D DEVELOPMENT AGREEMENT—BRYANT LAKE VIEW SECOND ADDITION EROSION CONTROL POLICY-AUGUST 1, 1997 1. All construction projects permitted by the City of Eden Prairie which results in the temporary disturbance of vegetative or non-vegetative surfaces protecting soils from erosion require the use of Best Management Practices(BMP's) as outlined in the Minnesota Pollution Control Agency's manual,Protecting Water Quality in Urban Areas,to mitigate the impact of erosion on wetland and water resources. The City Engineer or the Director of Inspections may impose special conditions to permits which stipulate erosion control procedures and/or direct the installation of erosion control features or the clean up of erosion at construction sites. Permits affected by this policy include all grading permits,building permits,and permits for the installation of utilities. 2. All erosion control systems stipulated in the permit application shall be installed prior to the issuance of the permit. Supplemental erosion control systems ordered by the City Engineer or the Director of Inspections shall be installed within 48 hours of that order. 3. The applicant must maintain all erosion control systems in a functional condition until the completion of turf and/or structural surfaces, which protect the soil from erosion. The applicant must inspect erosion control biweekly and immediately after each rainfall event of .5 inches or more. Needed maintenance shall be performed within 48 hours. 4. Best Management Practices(BMP's)shall be utilized at all construction sites to minimize the trackage or spillage of soil on public streets or highways. BMP's may include, but are not limited to,rock construction entrances,washing stations,frequent cleaning of streets adjacent to the construction site or limiting operations when site conditions are unmanageable. Trackage or spillage of soil on a public street or highway must be cleaned by power sweepers within the time frame stipulated in the permit special conditions or as ordered by the City Engineer or the Director of Inspections. 5. If erosion breaches the perimeter of a construction site, the applicant shall immediately develop a clean up and restoration plans, obtain the right-of-entry from the adjoining property owner, and implement the clean up and a restoration plan within 48 hours of obtaining the adjoining property owner's permission. In the event eroded soils enter onto or are tracked or spilled on a public street,highway,sidewalk or trail,the applicant shall remove the soil material and thoroughly sweep the street or sidewalk surface within four hours. If eroded soils enter,or entrance appears imminent,into wetlands or other water bodies,clean up and repair shall be immediate. The applicant shall provide all traffic control and flagging required to protect the traveling public during the clean up operations. 6. When an applicant fails to conform to any provision of this policy within the time stipulated in a written notification,the City may take the following actions: a. Withhold the scheduling of inspections and/or the issuance of a Certificate of Occupancy or other approvals. b. Direct the correction of the deficiency by City personnel or separate contract. c. Withhold the issuance of building permits d. At its option,institute and prosecute an action to enjoin violations of this Agreement and/or an action to specifically enforce performance of this Agreement The issuance of a permit constitutes a right-of-entry for the City or its contractor to enter upon the construction site for the purpose of correcting deficiencies in erosion control. All costs, including but not limited to, attorneys' fees and engineering fees incurred by the City in correcting erosion control deficiencies or enforcing this policy shall be reimbursed by the applicant. All invoices for erosion control correction shall be due and payable within 30 days. Invoices not paid within 30 days shall accrue interest at a rate of 1%per month or the highest legal rate. Each charge for correction of erosion deficiencies shall be a lien upon the property to which the permit applies. Invoices more than 30 days old on September 30 or any year or on any other date as determined by the City Engineer or the Director of Inspections may be assessed against the property. As a condition of the permit, the owner shall waive notice of any assessment hearing to be conducted by the City, concur that the benefit to the property exceeds the amount of the proposed assessment and waive all rights by virtue of Minnesota Statute 429.081 or otherwise to challenge the amount or validity of the assessment. I,We,The Undersigned,hereby accept the terms and conditions of the Erosion Control Policy dated August 1, 1997 as set forth and agree to fully comply therewith, to the satisfaction of the City of Eden Prairie,Minnesota. By: By: Owner's Signature Applicant's Signature DEVELOPMENT NAME: Lot: Block: OWNER INFORMATION OWNER(PRINT): ADDRESS CITY STATE ZIP 33 CITY COUNCIL AGENDA DATE: October 7,2003 SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: I.C. 01-5525 ITEM NO.: Engineering Authorize Staff to Begin Eminent Domain Rodney W. Rue Process with the Preserve Association for E Easements Associated with the Anderson Lakes Parkway Trail Project. Requested Action Move to: Authorize staff to begin eminent domain process with the Preserve Association for easements associated with the Anderson Lakes Parkway Trail project. Synopsis This eminent domain process is necessary to obtain an easement from the Preserve Association due to their by-laws. Their by-laws require a difficult and timely process with all members in order to grant the City an easement. The Preserve Association is in agreement that the eminent domain process is the best approach. Background Information The Anderson Lakes Parkway Trail project includes construction of a trail along the south side of Anderson Lakes Parkway from its terminus (east of Franlo Road) westerly to Neill Lake Road. The project also includes the construction of a right turn lane on Franlo Road at its intersection with Anderson Lakes Parkway. CITY COUNCIL AGENDA DATE: October 7,2003 SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: I.C. 98-5471 ITEM NO.: Engineering Approve Access and Driveway Permit Rodney W.Rue Agreement with Property Owners Along • F Alpine Trail Requested Action Move to: Approve Access and Driveway Permit Agreement with property owners along Alpine Trail. Synopsis This agreement provides for access and driveway use over a section of public right-of-way where the public street use was abandoned several years ago. As part of the Hillcrest/Alpine area street reconstruction project, this section of public street is being converted to a private driveway. The property owners and the City have discussed the possibility of vacating the existing public right- of-way. This agreement will be voided if the right-of-way vacation process were requested and approved. Attachments Access and Driveway Permit Form • 1-10 ACCESS AND DRIVEWAY PERMIT THIS ACCESS AND DRIVEWAY PERMIT is made as of the_day of ,2003 by the City of Eden Prairie, a municipal corporation under the laws of the State of Minnesota ("City") for the benefit of Lot 1, Block 1, Alpine Estates, Hennepin County, Minnesota ("Benefited Property"). RECITALS: A. City is the local road authority for dedicated right-of-way in Hennepin County, Minnesota(hereinafter referred to as ("The Permit Area"), legally described as follows: • That part of Alpine Trail right-of-way within the Alpine Estates plat lying southerly of Lot 1,Block 1,Alpine Estates,Hennepin County. B. The Benefited Property is legally described'as follows: Lot 1,Block 1,Alpine Estates,Hennepin County,Minnesota. C. The City desires to grant and create an access and driveway permit described hereafter on, over and across City right-of-way (hereinafter "The Permit Area") for the benefit of,and appurtenant to,the Benefited Property. NOW THEREFORE,the parties hereby agree as follows: 1. The City hereby grants to the owners of the Benefited Property, their successors and assigns, and creates a permanent permit for vehicular and pedestrian access and travel on, over, and across The Permit Area. 2. City further grants to the owners of Benefited Property, its agents, contractors, successors and assigns, a permit for construction,, reconstruction, repair and maintenance of a bituminous surface driveway (hereinafter the "Improvements"). See attached"Exhibit A"for details of the Improvements. 3. The City shall construct the Improvements as part of the Hillcrest/Alpine area street reconstruction project (referred to as Improvement Contract 98-5471) within the Permit Area. These Improvements are to be completed on or before June 15, 2004. Owners shall be responsible for any future reconstruction, repair or maintenance of said Improvements. 4. The cost of the Improvements and restoration of turfed areas within the Permit Area associated with said street reconstruction project shall be paid by the City. The Owners shall be responsible for any driveway construction costs outside of the Permit Area. 5. Repairs and maintenance of the Permit Area shall include but not be limited to the replacement, patching, and sealing of the bituminous driveway as well as the costs incurred with snow removal and turf maintenance. 6. The permit granted herein shall be perpetual and shall be for the benefit of the owners of said Benefited Property, their successors and assigns, and their tenants, agents, employees,and invitees and shall be appurtenant to the Permit Area. OWNERS CITY OF EDEN PRAIRIE • By By Norbert Gemes Nancy Tyra-Lukens,Mayor • By By , Patricia Gemes Scott H.Neal,City Manager • STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) • This instrument was acknowledged before me on ,2003 by Nancy Tyra-Lukens and Scott H.Neal,the Mayor and City Manager,respectively, of the City of Eden Prairie. Notary Public STATE OF MINNESOTA ) }ss HENNEPIN COUNTY ) This instrument was acknowledged before me on , 2003,by Norbert Gemes and Patricia Gemes the Owners of Lot 1 Block 1,Alpine Estates,Hennepin County,Minnesota.. Notary Public 33, 3 ; M I 1'� t .........4,............L f (4) iCCP .11 1 ZIT—Ii t 1--______1 I /mob tt� 1 t_—_Tom_T---�— .__ .• !... 1 1 �_ 7 / T A T T� o ..• �',�./ ` "t / ^;f ' O T r r ; 4.i ; ��Y N RIB =o _ u s. �� / V'. �y Vmil �. RI. 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CCUU \\ ; • I ¢O (2 ZZ 1N31013Add U 010 .30 3003 = € 1 I l—! 1 WM T t N Q , 1 I U € 1— 1 rn IL m o `I aLl _ . er I : � to p LH CITY COUNCIL AGENDA SECTION: Consent DATE: September 30,2003 SERVICE AREA: ITEM DESCRIPTION: ITEM NO. Office of the City Manager: Approve Commission Agreements with Scott Neal Northstar Partners and Mohr Partners,Inc. , &,+ David Lindahl Requested Council Action: Move to: Approve the Exclusive Sale/Lease Agreement between the City and Northstar Partners,the real estate firm representing the City of Eden Prairie. Move to: Approve the Commission Agreement between the City and Mohr Partners,Inc.,the real estate brokerage firm representing CH Robinson. Synopsis: CH Robinson is considering their long term real estate needs and are exploring several options including renewing their lease with the City,purchasing a new or existing building to consolidate their operations in one location, and/or leasing other properties. Northstar Partners is representing the City in our lease or sale negotiations with CH Robinson.Mohr Partners is representing CH Robinson. The agreements summarize the services and fees associated with any future lease or sale transaction between the City and CH Robinson. The standard arrangement in commercial real estate transactions is for the seller or landlord to pay the real estate brokerage fees, and the costs are typically factored into the deal.Northstar Partner's fees have been discounted and are: • Lease renewal $2.00 per square foot ■ Building Sale 1.75%-2.25%of sale price(depending on sale price—see Exhibit A) Mohr Partners fees,which are consistent with what is paid in this market, are: • Lease renewal $4.00 per square foot (about$269,000 if renew lease of current space) • Building sale 3%of the sale price Background: The City's current lease to CH Robinson for 67,333 square feet of space in the City Center expires February 15,2003. CH Robinson is considering their real estate options including possibly renewing their lease with the City. Negotiations are in progress and staff will forward a recommendation to the City Council for their consideration in the near future. Attachments: Exclusive Sales/Leasing Agreement - Northstar Partners Commission Agreement - Mohr Partners 116 PPARTNERS EXCLUSIVE LEASING AGREEMENT THE UNDERSIGNED ("Owner"), in consideration of the listing for lease of the property hereafter described and its agreement to use good faith to effect a lease or leases covering said property, hereby grants to Northstar Partners LLC ("Northstar"), the exclusive right to negotiate a lease or leases on said property for a period commencing on the date hereof, and ending at midnight on March 30, 2004. The real property ("Premises") which is the subject of this Agreement is situated in the City of Eden Prairie, County of Hennepin, State of Minnesota, and is further described as follows: 8080—8100 Mitchell Road office building. Owner represents that it has full authority to enter into Lease(s) of the Premises. NOTICE: THE COMMISSION RATE FOR THE SALE, LEASE, RENTAL OR MANAGEMENT OF REAL PROPERTY SHALL BE DETERMINED BETWEEN EACH INDIVIDUAL BROKER AND ITS CLIENT. Owner agrees to pay Northstar a leasing commission specified in the attached Exhibit A to exclusive sale/leasing agreement. Owner recognizes that any fees due to cooperating outside broker shall be in addition to fees owed Northstar per this agreement. Such commission shall be paid to Northstar if: 1. All or any part of Premises is leased to C.H. Robinson, whether by Northstar, Owner, or by or through anyone else prior to the expiration of this Agreement; 2. C.H. Robinson is procured who is ready, willing and able to lease said Premises on terms equal to or greater than those set forth herein; 3. Any contract for the lease of said Premises is made directly or indirectly by Owner prior to the expiration of this Agreement; 4. Within one hundred eighty (180) days after the expiration of this Agreement the Premises is leased to any person or entity with whom Northstar has negotiated or to whom said Premises has been submitted by Northstar prior to such expiration in an effort to lease said Premises or to any other person who has made an affirmative showing of interest in the Premises during the term of this agreement, provided that ' Northstar shall have submitted to Owner within three (3) days after the expiration of this agreement a written list of such persons or entities. The protection list shall include the following language: IF YOU RELIST WITH ANOTHER BROKER WITHIN THE OVERRIDE PERIOD AND THEN SELL OR LEASE YOUR PREMISES TO ANYONE WHOSE NAME APPEARS ON THE LIST, YOU COULD BE LIABLE FOR FULL COMMISSION TO BOTH BROKERS. IF THIS NOTICE IS NOT FULLY UNDERSTOOD,SEEK COMPETENT ADVICE. • A member o(the otl4„ WAKE v.4 WAKEFIELD. I . ALLIANCE 11100 Wayzata Boulevard,Suite 615,Minnetonka,MN 55305 763-450-3600 Phone 763-450-3601 Fax PPARTNE RS If the commission is due as a result of the execution of a lease between Owner and a tenant, fifty percent (50%) of the commission shall be payable at such time of execution with the remaining fifty percent (50%) payable upon tenant's taking possession of the Premises. In all other events the entire commission shall be payable upon the request of Northstar. If Owner has any "Phase I" or other environmental reports on the Premises, it shall provide copies to Northstar and shall provide copies to or information contained therein to prospective tenants. Northstar represents tenants looking for Premises including properties which may be similar to the Premises. If a potential tenant represented by Northstar becomes interested in the Premises, a dual agency will be created. This means that Northstar will owe the same duties to the potential tenant that it does to the Owner; Northstar cannot act as dual agent unless both Owner and the potential tenant agree to the dual agency after it is disclosed to each of Owner and the potential tenant. By agreeing to a possible dual agency, Owner will be giving up the right of exclusive representation in the proposed transaction. However, if Owner decides not to agree to a possible dual agency, it may be giving up the opportunity to lease the Premises to potential tenants represented by Northstar. IN WITNESS WHEREOF, Owner has executed this Agreement this day of , 20_. Accepted by: Accepted by: OWNER NORTHSTAR PARTNERS LLC By: By: Its: Its: 11100 Wayzata Boulevard Suite 615 Minnetonka, MN 55305 Telephone: 763-450-3600 Fax: 763-450-3601 A rnernber of the �.0„4 WAKEFIELD ALLIANCE 11100 Wayzata Boulevard,Suite 615,Minnetonka,MN 55305 763-450-3600 Phone 763-450-3601 Fax PARTNERS EXCLUSIVE AGREEMENT FOR SALE OF PROPERTY THIS AGREEMENT is entered into this day of , 20_, by and between City of Eden Prairie, Minnesota ("Owner") and Northstar Partners LLC ("Northstar"). In consideration of the mutual covenants contained herein, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: Owner hereby employs Northstar and grants to Northstar the exclusive right to negotiate a sale of 8080 - 8100 Mitchell Road, Eden Prairie, Minnesota to C.H. Robinson ("Property") upon the terms and conditions hereafter set forth. This Agreement shall apply to all portions of the Property. The term of this Agreement ("Term") shall commence on the date hereof and end at midnight on March 30, 2004. Northstar hereby accepts said grant and agrees to use its continuing and good faith efforts to effect a sale of the Property upon the minimum terms and conditions of twenty-one million dollars ($21,000,000), cash or such other terms as Owner agrees in writing. NOTICE: THE COMMISSION RATE FOR THE SALE, LEASE, RENTAL OR MANAGEMENT OF REAL PROPERTY SHALL BE DETERMINED BETWEEN EACH INDIVIDUAL BROKER AND ITS CLIENT. It is further agreed that Owner shall pay Northstar a Brokerage fee of(see Exhibit A to Exclusive Leasing Agreement) for which the Property is sold or exchanged or upon occurrence of any of the following conditions: 1. The sale, contract for sale, exchange,`or conveyance of the Property during the period of this Agreement by Northstar or any other person, including but not limited to Owner, or any other agent or Broker not a party to this Agreement, in accordance with the price, terms or exchange as set forth herein or as otherwise consented to by Owner. 2. C.H. Robinson is procured, whether by Northstar, Owner or anyone else, who is ready, willing, and able to purchase the Property at the price and terms set forth above and Owner refuses to sell. 3. Owner agrees to sell the Property before this contract expires, and Owner refuses to close the sale. 4. Owner grants an option to purchase the Property, Owner shall pay Northstar a sales commission in the percentage provided herein based on the price paid for the option and for any extensions thereof. This commission shall be paid upon receipt by Owner of any such payments. In the event such option is exercised, whether during the term of this Agreement, or thereafter, Owner shall also pay Northstar a sales commission on the gross sales price of the Property in accordance with the provision herein. A member of the 111111.4 i IIs* WAKEF ELD /I9 ALLIANCE 111/1r1 Wa,nnfn P,,tint/marl Clatom R1 g AAinnnfnnir AAAI rc4Iic 7R2_ARrLRRM Phnn. 7R4.4Fn1-JR/11 PPv PART'iHNERS Notwithstanding the foregoing, to the extent that all or part of the price paid for the option or any extension thereof is applied to the sales price of the Property, then any commission previously paid by Owner to Northstar on account of such option payments shall be credited against the commission payable to Northstar on account of the exercise of the option. 5. Owner contributes or conveys the Property or any interest therein to a partnership, joint venture or other business entity during the term of this Agreement in lieu of a sale of the Property during the term of this Agreement and then the commission shall be payable on the listed gross sales price. 6. Within the "Override Period" (as defined below), Owner enters into any of the transactions set forth in clauses 1, 4, 6 or-7 above with anyone who has made an affirmative showing of interest in the Property by responding to an advertisement or by contacting the Broker or salesperson involved or has been physically shown the Property by the Broker or salesperson.. It is understood that Northstar shall not seek to enforce collection of a commission under this Paragraph 8 unless the name of the prospect is on a written list given to Owner within seventy-two (72) hours after expiration of this Listing Agreement. The protection list shall include the following language: 7. Property is purchased by C.H. Robinson under provisions negotiated in the lease renewal in 2003. IF YOU RELIST WITH ANOTHER BROKER WITHIN THE OVERRIDE PERIOD AND THEN SELL OR LEASE YOUR PREMISES TO ANYONE WHOSE NAME APPEARS ON THE LIST, YOU COULD BE LIABLE FOR FULL COMMISSION TO BOTH BROKERS. IF THIS NOTICE IS NOT FULLY UNDERSTOOD, SEEK COMPETENT ADVICE. "Gross Sale Price" as used herein shall mean the total amount to be paid or value of other consideration given for the Property including assumption of existing liabilities or the listed gross sales price, as the case may be. "Override Period" shall mean the period of time within one hundred eighty (180) days after the expiration of the Term. Northstar is authorized to advertise the Property in whatever manner it deems appropriate and to contact such other brokers as may, in Northstar judgment, assist in concluding a sale of the Property. Northstar is further authorized to place signs in and about the Property if, in Northstar opinion, such would facilitate the leasing or sale of the Property. OWNER AGREES THAT IT SHALL: 1. Furnish Northstar with pertinent information regarding: (i) the status of established tenants, including rent rolls which, among other data, set forth lease expirations, (ii) the environmental status of the Property, including information on wells or septic systems, above or below ground tanks, and environmental reports which have been performed with respect to the Property. A member of the �`I * WAKEFIELD or) 5a ALLIANCE 9iinn Wa117afa RnI/Iauafr1 Ciiifc Ric Minnainnfa RAM FF4fF 7R4-dFn_4Rnn Phnna 7R4-AF/1_4R111 Pay APARTNERS 2. Furnish to Buyer a Title Policy Commitment with proper searches covering bankruptcies and state and federal judgments and liens, and to execute or cause to be executed a deed of general warranty conveying a marketable title to the Property to the Buyer and any further documents as may be required to consummate the sale to Buyer in accordance with the terms above designated or with the terms to which Owner may hereafter consent. 3. Forward to Northstar any inquiry of any sort received with regard to the sale of the Property or any portion thereof. Owner warrants that it is the record fee Owner of the Property and has the legal authority to enter into this Agreement. Owner agrees to hold Northstar harmless from any liability, damages, costs, and expenses arising from any incorrect information supplied by Owner. Owner does not request Northstar to arrange for closing services. Owner will separately arrange for its closing services arising out of any lease of the Property. NORTHSTAR PARTNERS LLC AGREES THAT IT SHALL: 1. Endeavor to procure buyers by all reasonable means available, including direct solicitation, consultation, and marketing presentations, processing of inquiries received from any and all sources and advertising. • 2. Provide Owner with reports detailing the status of the sale program as such times as Owner shall reasonably request. • THE EXPENSES INCURRED BY NORTHSTAR PARTNERS LLC AND OWNER in performance of this Agreement shall be borne as follows: 1. Signage, staffing and other relative travel and entertainment expense shall be at Northstar expense. 2. All other expenses, including but not lirriited to, direct expenses such as appraisal fees, title charges and fees, survey charges and fees, attorneys fees for preparing or negotiating purchase agreements, marketing tools, advertising, mail campaigns and environmental reports shall be at Owner's expense. Northstar warrants that it is a duly licensed broker under the laws of Minnesota and that all agents and salespersons working for Northstar in connection with the Property are also duly licensed salespersons and/or brokers under the laws of Minnesota. Northstar further warrants that it has the legal authority to enter into this Agreement. Northstar agrees to hold Owner harmless from any liability, damages, costs and expenses arising from any incorrect information (unless supplied by Owner) given by Northstar to others with respect to the Property. Northstar represents buyers looking for Property including properties which may be similar to the Property. If a potential buyer represented by Northstar becomes interested in the Property, a dual agency will be created. This means that Northstar will owe the same duties to the potential buyer that it does to the Owner. Northstar cannot act as a dual agent unless both Owner and the potential buyer agree to the dual agency after it is disclosed to each of Owner and the potential buyer. By agreeing to a possible dual agency, Owner will be giving up the right of exclusive representation in the proposed transaction, however, if Owner decides not to A member of the • I0III41 4 WAKEF ELD 51 ALLIANCE ��ann inin�.��f�Rruglnvn.71 CnifQuite,RIC AAinnefnnka MAI cFZnc 7R4�Gn_4Rnn Phnnn 7R4�i.n_4Rn?P'nv Pwk PARTNERS agree to a possible dual agency, it may be giving up the opportunity to sell the Property to potential buyers represented by Northstar. IN WITNESS WHEREOF, the undersigned have executed this Agreement the day and year first above written. Accepted by: Accepted by: (Owner) NORTHSTAR PARTNERS LLC By By Its Clinton A. Miller Its President Date: Date: Address: 8080 Mitchell Road 11100 Wayzata Boulevard Suite 615 Eden Prairie, MN 55344 Minnetonka, MN 55305 Telephone: 952-949-8300 Telephone: 763-450-3600 Fax: 952-949-8392 Fax: 763-450-3601 • • A member of the Oa* WAKEFIEALD 5aALLIANCE l h 9M to/niraafa Prsulmvnrrt Quit=R4r. AAinnafnnka AAAM FF2ng 7R1AR(L2Rnn Ahnnn 7R2_ARn-2Rn9 Fnv COMMISSION AGREEMENT The execution and return of this Commission Agreement, dated September 30, 2003, to the undersigned shall serve as confirmation to Mohr Partners, Inc., for the transaction(s) between the City of Eden Prairie("Landlord/Sellem") and CIL Robinson Worldwide,Inc. ("Tenant/Buyer") for the Eden Prairie City Center Building located at 8080 — 8100 Mitchell Road in Eden Prairie, Minnesota. All commissions are duly agreed upon as follows: �. Leasing Commissions: Leasing Commission — Mohr Partners, Inc,, shall be entitled to a leasing commission equal to $4.00 per rentable square foot of leased area upon the successful completion of a lease agreement between Landlord/Seller and Tenant/Buyer at the Property. One half will be paid upon execution of the lease agreement and one half will be paid upon the effective lease commencement date. 2. Sales Commission: Sales Commission - Mohr Partners, Inc,, shall be entitled to a sales commission equal to three percent (3%) of the actual sales price payable from the proceeds of the sale at closing for an acquisition of the Property from Landlord/Seller by Tenant/Buyer. Commission Responsibility: All commissions shall be the responsibility of the LandIord/Seller. The person executing this Agreement on behalf of the Landlord/Seller hereby represents and warrants to Mohr Partners, Inc., that such execution has been fully authorized by all requisite action of Landlord/Seller so that upon such execution this Agreement will be binding upon and enforceable against Landlord/Seller in accordance with its terms. If the Landlord/Seller sells or otherwise disposes of the Property containing the Premises, then in connection therewith the person acquiring or who is a successor in interest to the Landlord/Seller of the Property assumes the liability for any current or fixture commission obligation owing under this Agreement. This Agreement shall: a. Express the parties' entire agreement on the matters defined above; b. Supersede all prior understanding between the parties; c. Be binding upon the parties' lawful heirs, successors, designees and assigns; d. Not be altered, supplemented or terminated except in writing and executed by both parties;and e. Be valid and earfurceable from the date of execution for a period equal to the later of Three (3) years from the date hereof or until all Purchase Options of Tenant/Buyer shall have expired under a lease with option to purchase type transaction. The execution and return of this Commission Agreement to the undersigned shall serve as confirmation to Mohr Partners, Inc., for any transaction as referenced above. All commissions are duty agreed upon as follows: AGREED AND ACCEPTED- MOHR.PARTNERS,INC: CITY OF EDEN PRAIRIE: Name: Name: Its: Its: Date: Date: Name: • Its: Date: 51 CITY COUNCIL AGENDA DATE: October 7, 2003 SECTION: Consent Calendar SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Engineering Services Amendment of Resolution No.2003-131 v i ,I Jim Richardson Establishing Amounts to be Assessed for the 2003 Eugene A.Dietz Special Assessment Rolls Requested Action Move to: Approve resolution amending Resolution No. 2003-131 which declared costs to be assessed for the 2003 special assessment rolls. Synopsis This amendment provides a corrected Exhibit A that establishes the final amount to be assessed. It includes special assessment agreements that have been executed since the adoption of Resolution 2003-131 and corrects errors and omissions from that document. Timely notice of the correct amounts was given to each property owner. 55 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. RESOLUTION AMENDING EXHIBIT A TO RESOLUTION NO.2003-131 WHICH DECLARED COSTS TO BE ASSESSED FOR THE 2003 SPECIAL ASSESSMENT ROLLS WHEREAS, on September 2, 2003, the City Council adopted Resolution No. 2003-131, including Exhibit A, that established the amount to be assessed in 2003 and set a public hearing date of October 7, 2003 to review and adopt final amounts to be assessed to each property; WHEREAS, certain special assessment agreements entered into between the City and various property owners were not included in Resolution No.2003-131; WHEREAS, during the course of developing final assessment rates, errors in the total amounts to be assessed have been identified; WHEREAS, all modifications to final amounts to be assessed are subject to special assessment agreements, which state that the property owner waives all rights to notice and appeal or are consistent with previous hearings,notices and feasibility studies; and WHEREAS,notice of the correct amounts to be assessed have been mailed to affected property owners. NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Eden Prairie that: 1. The cost of such improvements to be specially assessed are hereby amended to be those as set forth in Exhibit A,Amended 2003 Special Assessments,dated October 7,2003. ADOPTED by the Eden Prairie City Council on October 7,2003. Nancy Tyra-Lukens,Mayor ATTEST SEAL Kathleen A.Porta,City Clerk 5fo N 0 0 0 00 0 0 141 O O o o CD o 0 o O o 0 0 o c o In O >, ti 0 "d ,-+ O010000 VI 000000000000000 \DO ,-C> a) 0 ts-7. O 00 O M 00 C5 00 4.41 00 00 O O O O M M O \O ui 0 0 0 Net il. • Q1 0 .-+ O M M O O O1 O O d' O \O \O ---- \O N N — 01 O O r-1 C\ y V'ls 01 .-• M l- V'1 oo .-.4 N 00 M V VII� l0 en d N •--� v 1 dr O O 0 CI • � �t'.--+ 0 NN- C N C CN- -+ .-, ,-+ N\ON NN 1 N- l�O� "" (I) •--� O d . 01 CD VI d •-� 'M M \O d' d' o\ O � 1•., 01 O1 N- O1 dr M N 141 N N N H. 8 0 .c M d' \o"ra. 3 U) P. -d -is 0 0 Cl) I �; '0 CO ° 0' roq q � i o 00o co g 4 ci VI 1-+ c,3E4 3 0 ,� O O N o n v00i �`3. 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IQ N ,__, bp n r O ,, s ,. bO OO ,, .E ALI G ›, Q E; ,c) W M C 15 'V E O 1 o a, r�� N � � 0o c� U n�.G N W rd W 3 0 0 E t'� ° of O UN ' 15 / ......, 0 cg 0 ,.. tb N ,7 o 0 0 HI 03 C7 U C7 ' U U o c4 0 '' `) E e liii o 1-4 .° .4 'b c p., o O "d -d Qi 4 bb Qi c o c) o c) o cd 8 U ,_ O a) y •a) c°i b.U U o o 0 c� v� 0 0 0 . a) k k X W W W H •.°0 Q' � ° c°) a�i bA bA . v1 U p 100 VD 1CID -4C/D N iiiiUh ~ ba 41?) WwUUUUHc' HHH HHHHaaaP' U4P00 g cd i� v d d' d d• O - d• O \O .--( OV .--- •Ny iiti NOOOd• d' d' d VI d' d• Md' d' Md• d• M inbDEl VI 1n V7 VI VI V7 V) \I , I , 1 , , .5NNo0000\ 0M .� d 0QQ\ U () VI 14 1 Q\ O\ 0\ O\ O p. N 0\ 01 O\ 01 0\ 01 01 O1 H Ff•? o U �].,�, I--1 ,.o U U U U U U U R N U U U U U U U U 1-7 4--1 4-4 i-i i--i 4-+ 4--1 00 in 1-4 M•-i F--i 1-4 )-I 1-1 F-i 1-1 Z �-� N cM C CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar October 7,2003 DEPARTMENT: ITEM DESCRIPTION: ITEM NO.: Contract Amendment No. 2 Tir T. Robert A. Lambert 1kt- Professional Services Agreement Director of Parks&Recreation —Purgatory Creek Recreation Area Requested Action Motion: Move to approve Contract Amendment No. 2;Professional Services Agreement— Purgatory Creek Recreation Area;Phase II Additional In-Construction Services as per the agreement dated September 30, 2003. Synopsis Contract Amendment No. 2 with SRF Consulting Group, Inc. is for additional services for the Purgatory Creek Recreation Area project including extension of the in-construction services to June of 2004 and construction drawings for the Jean Harris Memorial Bridge as well as site visits during the construction to assure conformance to plans and specifications. The estimated cost for the increased fee is an additional total of$38,792. Attachment: Contract Amendment No. 2 RAL:bju 5S WTI CONSULTING GROUP , INC . Transportation•Civil■Structural■Environmental ■Planning•Traffic■Landscape Architecture■Parking October 1,2003 SRF No. 0024301 Mr. Robert Lambert Director of Parks and Recreation CITY OF EDEN PRAIRIE 8080 Mitchell Road Eden Prairie,MN 55344-2230 Dear Mr.Lambert: • SUBJECT: CONTRACT AMENDMENT No.2 PROFESSIONAL SERVICES AGREEMENT PURGATORY CREEK RECREATION AREA-PHASE II HARRIS TRIBUTE MEMORIAL BRIDGE DESIGN AND ADDITIONAL IN-CONSTRUCTION SERVICES This contract is a request for additional services for the above referenced project. This proposed contract amendment revises the terms of the agreement between the City of Eden Prairie and SRF Consulting Group, Inc. (SRF)executed on March 20, 3003. • BACKGROUND AND ASSUMPTIONS This contract amendment will provide two specific consultant tasks,including: A. Construction Drawings for the Harris Tribute Memorial Bridge B. Additional In-construction Services A summary of each follows. A. Construction Drawings for the Harris Tribute Memorial Bridge 1. Conduct Harris Tribute Memorial Bridge kick off meeting with the City and the artist to affirm the design intent. - Prepare Plans and Special Provisions for Pedestrian Bridge approximately 12-feet wide by 45-feet long. 2. Coordinate and review with artist on material types and colors. 3. Provide bridge plan sheets and special provisions to Barr to include in plan set for bidding. - Bridge shall be in conformance with October 24, 2002 Bridge Concept developed by Teri Kwant. (Assumes the bridge will be supported with steel plate girders.) One Carlson Parkway North, Suite 150, Minneapolis, MN 55447-4443 Telephone (763) 475-0010 • Fax (763) 475-2429 • http://www.srfconsulting.com An Equal Opportunity Employer 51 Mr. Robert Lambert,Director of Parks and Recreation October 1,2003 City of Eden Prairie Page 2 - The bridge will be designed using AASHTO specifications with a live load of 85 PSF and/or 10,000 lb maintenance vehicle,whichever is greater. 4. Review final plans with the City and artist to assure conformance of plans with intent • of concept plans. 5. Assist the City with questions during the bidding process. 6. Review all shop plans from fabricators. 7. Make three (3) site visits during construction to assure conformance to plans and specs. Fees to complete the above bridge design tasks shall not exceed $16,500, including artist consultation. Services by Barr and/or Project Assumptions • All geotechnical work is completed. Allowable load plate loads and lengths will be provided by the geotechnical company. • Barr establishes the bottom of structure elevation based on weir flow and debris requirements. • Barr will adjust the trail grade as necessary to account for revised structure depth. • Barr will adjust the weir structure plans to host revised bridge plans. SRF will supply Barr with the information on the width and height requirements and revised loads, and/or pile length requirements. • Barr will provide all construction observation and administration requirements during the construction phase, unless otherwise noted above. • Assumes that no lighting or electrical will be provided for the bridge. B. Additional In-Construction Services Construction for. Phase II improvements at Purgatory Creek Park will be approximately 25 to 30 percent complete by the end of September. It is expected that 60 to 70 percent of the project will be completed by the end of this construction season. The original completion date for the project was scheduled to be completed by December 1, 2003. Based on construction completed to date, it is unlikely that construction in the park will be completed this year and will need to be extended into June 2004. SRF is under contract to the City to provide construction services through November of this year. Due to the increased amount of shop drawing submittal reviews and written documentation requested by the contractor, our contract amount will be exceeded by the end of September. The following additional services are requested to complete Phase II improvements in the park through June 2004: Mr.Robert Lambert,Director of Parks and Recreation October 1,2003 City of Eden Prairie Page 3 • Periodic site inspections and documentation (1-2 times per week) • Review and response to contractor request for information submittals • Shop drawing and material submittal review and approval • Geotechnical testing report review and approval Fees for the additional In-constriction Services shall not exceed$22,292. CONTRACT ELEMENTS TO BE AMENDED This amendment will remain consistent with the provisions of the March 20, 2003 agreement with the exception of the following: 1. Price: The Owner agrees to pay the consultant an increased fee of $38,792 for construction services and a total fee not to exceed the sum of$135,461 as full and complete payment for the labor,materials and services rendered pursuant to the agreement. 2. Completion: The Consultant shall complete all services by June 30, 2004. NOTICE TO PROCEED A signed copy of this proposal, either mailed or faxed to our office will serve as our Notice to Proceed. We sincerely appreciate the opportunity to continue assisting the City of Eden Prairie on this exciting project. Please feel free to contact us if you have any questions or need additional information. Sincerely, SRF CONSULTING GROUP,INC. APPROVED: . (signature) Barr arner,FASLA,AICP Senio ice President Name BJW/dcw Title Attachment/Enclosure Date cc: Letty Nelson, SRF Consulting Group,Inc. Project File H:\Arch\4301\DOC\RLamber Contract Amend 2 31903 BJW.doc 6f -11-L75d Cc-f _ (o +-er ' ,` f -/ CITY COUNCIL AGENDA DATE: October 7,2003 SECTION: Public Hearing SERVICE ITEM DESCRIPTION: ITEM NO.: AREA/DIVISION: Special Assessment Hearing for the Approval of Engineering Division the 2003 Special Assessments Jim Richardson (Published 09/18/03) j • , ` Requested Action • . Move to: 1. Close the public hearing 2. Adopt the resolution approving all Special Assessments presented in the fall of 2003. Synopsis Each year, the City Council holds a public hearing to consider levying the special assessments that have been identified over the previous 12 months. This year, the council will address two projects and a list of supplemental assessments for such things as trunk and lateral exclusions and trunk utility assessments. Background Information See the attached list of projects that the Council will be asked to approve for levying special assessments for collection with property taxes. The total amount proposed to be assessed in 2003 is $5,964,708.65. Attachments List of projects to be approved. 7— CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections in the proposed assessments for the following improvements to wit: (See Exhibit A attached) NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Eden Prairie: 1. Such proposed assessments are hereby accepted and shall constitute the special assessment against the lands in the final assessment rolls, and each tract of land therein included is hereby found to be benefited by the improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of years as shown on Exhibit A. Installments shall bear interest at the rates shown on Exhibit A, except no interest shall be charged if the entire assessment is paid on or before November 30, 2003. To the first installment shall be added interest on the entire assessment from November 1, 2003 until December 31, 2004. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County, and such assessments shall be collected and paid over in the same manner as other municipal taxes beginning in 2004. 4. It is hereby declared to be the intention of the Council to reimburse itself in the future for the portion of the cost of this improvement paid for from municipal funds by levying additional assessments, on notice and hearings as provided for the assessments being made, upon any properties abutting on the improvements but not herein assessed for the improvement when changed conditions relating to such properties make such assessment feasible. 5. The assessment data of Resolution No.2003-131 is herein revised in accordance with Exhibit A attached hereto. APPROVED on October 7,2003. Nancy Tyra-Lukens,Mayor ATTEST: SEAL • Kathleen A.Porta,City Clerk 1. I.C.52-204 6 fl 1. LC.52-204 Sanitary Sewer and water utilities along Flying Cloud Drive Project Cost: $ 1,055,649.12 and Pioneer Trail to serve the MAC properties and the Previously Assessed: $ -0- property north of Pioneer Trail south of Purgatory Creek. City Share: $ 122,277.60 City Share Oversizing: $ 19,825.00 Net Assessment: $ 911,597.12 Front Foot=$100.64 5 Years at 6.0% Parcel PID# Property Owner Legal Description 2003 Deferred 2008 $Amount $Amount $Amount 27-116-22-43-0002 Int'l Disposal Corp 98,627.20 -0- 27-116-22-13-0005 MAC 109,194.40 -0- 27-116-22-33-0004 MAC 330,401.12 -0- 27-116-22-24-0001 MAC 150,456.80 -0- 27-116-22-13-0004 MAC 61,390.40 -0- 27-116-22-13-0003 Moen Leuer 68,435.20 -0- 27-116-22-12-0006 Moen Leuer 18,115.20 -0- 27-116-22-12-0003 Sterling Fence 35,425.28 -0- 27-116-22-13-0001 Moen Leuer 24,958.72 -0- 27-116-22-13-0002 Moen Leuer 14,592.80 -0- 2. I.C.98-5474 Sanitary Sewer,water and storm sewer utilities to serve the Project Cost: $ 1,140,780.97 Maplewood Park, Crestwood 73 and Crestwood 89 Previously Assessed: $ -0- neighborhoods. City Share: $ 379,590.07 County Share: $ -0- Platted Homesteaded Lots=$ 9,832.00/lot Net Assessment: $ 761,118.90 Unplatted Lots= $14,781.60/lot Streets to platted lots assessed in 2002 20 Years at 6.5% Parcel PID# Property Owner Legal Description 2003 Deferred 2008 $Amount $Amount $Amount 30-116-22-13-0001 James Korman 9,832.00 30-116-22-13-0002 Pierre Jean Laupies 9,832.00 30-116-22-13-0031 William Dupont 9,832.00 30-116-22-13-0032 William Dupont 25,989.88 30-116-22-13-0033 Mathew Haley 25,989.88 30-116-22-13-0004 Benjamin Walker II 9,832.00 30-116-22-13-0005 Mathew Haley 9,832.00 30-116-22-13-0006 Kerry Shore 9,832.00 30-116-22-13-0007 Donald Rassmossesn 9,832.00 30-116-22-13-0010 Gregory Brown 9,832.00 30-116-22-24-0002 Walter Bentz 9,832.00 30-116-22-24-0003 David Dirkswager 9,832.00 30-116-22-13-0021 Bert Skatrud 9,832.00 30-116-22-13-0023 Steve Rasmussen 9,832.00 30-116-22-13-0014 Earl Hacking 9,832.00 30-116-22-13-0015 Sean Flaten 9,832.00 F3 U °f ',N r-0 Delbcr.1 animer5ewi 41 jt' L .0ja a ' - {9,032 001 ,t__'_t .gt a:_�-? - , . -z r.= 1-4._ 30-116-22-42-0009 Daniel Schubert 9,832.00 30-116-22-42-0003 Gary Chambers 9,832.00 30-116-22-42-0010 Mark Bonk 9,832.00 30-116-22-42-0004 Jay Luehmann 9,832.00 30-116-22-42-0015 Dennis Anderson 9,832.00 30-116-22-42-0018 Jeffrey Broberg 9,832.00 30-116-22-42-0022 Todd Toepke 9,832.00 30-116-22-21-0011 S.Hohag 13,061.80 30-116-22-24-0064 R.Zach 13,061.73 30-116-22-24-0065 J.Reed 13,061.67 30-116-22-24-0066 JM Semier Bldg Corp 13,061.67 30-116-22-24-0067 Klingelhutz Bldg 13,061.67 30-116-22-24-0068 Klingelhutz Bldg 13,061.67 30-116-22-24-0069 Knob Hill Homes 25,989.88 30-116-22-24-0070 T.Kerns 25,989.88 30-116-22-24-0071 Knob Hill Homes 25,989.88 30-116-22-24-0072 Ray Welter,Jr 25,989.88 30-116-22-12-0006 Stonegate 4,806.12 30-116-22-13-0029 Randall Weber 57,068.48 30-116-22-13-0018 City of Eden Prairie 67,137.93 30-116-22-41-0002 George Marshall 165,472.48 9,832.00 30-116-22-12-0004 Todd Ingram 4,005.10 30-116-22-12-0003 Stnegate 4,005.10 30-116-22-12-0005 Stonegate 6,408.16 30-116-22-21-0008 Stonegate 801.02 30-116-22-21-0009 Catherine Compton 400.51 30-116-22-21-0006 Robert Konduth 400.51 3. I.C.99-5484 Street and utility improvements on Eden Prairie Road and Project Cost: $ 7,191,370.39 MAC/Charlson Properties south of Pioneer Trail. Previously Paid(MAC): $ 2,895,322.80 Interest: $ 243,076.00 • City Share(Park): $ 869,421.05 City Share Oversizing: $ 58,814.82 Net Assessment Levy: $ 3,124,735.72 Acreage Rate=$17,537.91/Ac. 20 Years at 6.0% Parcel PID# Property Owner Legal Description 2003 Deferred 2008 $Amount $Amount $Amount 28-116-22-44-0002 Henn.Village III 238,572.77 -0- 28-116-22-23-0006 Henn.Village I 347,422.07 -0- 28-116-22-31-0003 Henn.Village II 373,957.49 -0- 28-116-22-42-0006 Henn.Village III 915,551.09 -0- 28-116-22-34-0002 Henn.Village II 203,437.46 -0- 28-116-22-32-0005 Standal 120,761.53 -0- 28-116-22-32-0004 Standal 60,380.76 -0- 21-116-22-33-0003 Grace Church 864,652.55 -0- 5 4. I.C.03-5590 Traffic Signal on Technology Drive at Southwest Station Project Cost: $ 209,800.00 Previously Assessed: $ -0- City Share: $ -0- Net Assessment: $ 209,800.00 Agreement 5 Years at 6.0% Parcel PID# Property Owner Legal Description 2003 Deferred 2008 $Amount $Amount $Amount 15-116-22-11-0008 Glazed Investments 29,581.80 -0- 15-116-22-11-0009 NAP Southwest Station 58,953.80 -0- 15-116-22-11-0010 NAP Southwest Station 89,794.40 -0- 15-116-22-11-0011 R&S Financial,Inc. 31,470.00 -0- Supplementals Think Sewer and Water PM# YEARSI% Amount The Cove 2"d Addition 02-116-22-34-0001 &0002 5 Year 6.0% 5,075.55 The Bluffs at Purgatory Creek 04-116-22-33-0004 5 Year 6.0% 10,379.00 The Enclave 2"d Addition 20-116-22-31-0001 5 Year 6.0% 25,305.50 Meyer Estates 20-116-22-42-0084 10 Year 6.0% 5,632.50 Paal 20-116-22-43-0008 20 Year 6.0% 520.00 Lake Point 22-116-22-22-0001 &0002 5 Year 6.0% 29,954.00 i .«�.,,_._. »r:»:»,!, I .,"9 u. h., : ,. !.< 1 :".,.. .�4,r ...,:::.;._.:.:.;; �I :F::!,�:':.p�:5nm „n.. •:n�l!r..,:. »r!p;•�r��-:::k_-:<,. :.,;�. `_:1 g �.I �:±,';,ur�l h y.P_.»!::r.,, :If :d . n hl: 1 1:,,,.,,4.:!41-,..I . ,>�. , .,.,�!), :,.,,,,,_x,!. : :z=-:»•=,llmu, r+ - _ _- ± FnO s..;rR. Lz�±+lF�N. arw�+_ i' _�_r,C 'R�I,+4rvht__},�: :,i Williamsa ,Plctr::.P :,,._� I , !,I±2 �,,7Z 32 O(01s:!00 _Q009::::[ 11 _+ Ye . ;_paid'::;_ ___»,;] 6'7Sd_: ,Cir�i u�!,� .a���±�,F:!a :�I. .L IVr?�k,-���!>� .,� „a:a...�rU�i,4„a .�.a�!,.! �,,:�.._�4.. �.r. .n :,� -�:�.�..n s, _:.�((,�.,�;.!L -.,:� ..::,:,,e rye,P,, .I.'t �j_ �!_���!._.. ,i_=_ - ,,:i.�r_�__ f . ,,.,,?.u._:_.�K��� � ��.I �I4 .:��,�: -�_11_h,.__ ;.-, -d, -�_�. 4. .,_:- �r.y _ __.� IL.� - ,,L.�.. `�-' i __ __ �4iir-•: =iirTr.]Y!?!1_.�v.. n. _.._ : ,l!._ ._..x¢€-_ ..4 -., ..,_,ew. -..__._<.._a_»._�.._,._..._s... ..,.r_.,,z...r;:t.5.._. .._,.:., :_nn,,m.„_ .al - ii:ax'_�`,: t,,::: _� !i .i.M� �. r.._ ,,..,:__._,....: ul�#__. >__�' i ..!„-,_..__.±_n...__...__._. �h._.,. _.., ..�._ ,..___,... �e,:�,,.,L� __ _ .,f•�din��:-:»:::-n�It. ,_,k_ _». �,a€�`� ��_... �,, .r.., __»..� . ._.._ �-. ---'� �.:_...__rs_..----..__,-,_,�.,,�!.:,w._.:,:.,o-I_, .a...,._.__.,.i�.:, t.,.,..,,:- _!.!.:,,.,........:!..!.,.n,:!,: : - ..it!!�r#-:__ , --i4..3..::,..r__.:1..._.._..!�.�._:__.�:: ..h,:,.�__.>v..__.:._!I__a.4:ay.»,-_-,_,_�L _U���� �.! ... ._...__..__.,i_:..,I_... :.-__3-._.E_!_......:.ulal.a�, ,,.,._...:.,:..L.r;,�a�.�lr..�,e�=:_;;f.�.....:..�:...,�.:..........:..........�. li,^,�s!!!-_�-I!:.i.....__....w'aF�;, BFI 27-116-22-43-0002 5 Year 6.0% 111,100.00 Hennepin Village 2"d Addition 28-116-22-31-0003 5 Year 6.0% 182,756.00 28-116-22-34-0002 .� _.:acn :. :�,.:.cc!E,� IJ!.,!:.:.,in,:,c:;.,.N:!,_i�.:::�:.tl^::�:., k... ..:,,;:-nc i'p,:�:,n,..� � 4i:m,yF..�a:�:e.:.iII:G:, ,,:�� -,., >�. ..� �, . . ,::,�_ar.l!la,J,L::�-,:,�. �.:;:il,!..»�!_.!�::f._,.;,.,,;.,i!:::.:.9-,:a:�: ,Gi. ..,,..,........t'..± i:.! .:! .i,. .. .:.:.,. ,.,,i,i.�:,!f,q<:,r,,.,...,,;�: �:,::.... Hennepin Village 8� ,�,, -�2K.�,O(���I� !,lalrw �i��lii!��!I,i��l�l,!���: I�i.��,!,j� ��:�,a�eatrl��O�a���I�'adt�i,lY�ilui;,�IV!,� 1.��,`��3_:�a Ponds Edge 30-116-22-12-0002 5 Year 6.0% 21,560.50 Ingram Property 30-116-22-12-0004 5 Year 6.0% 27,2 -6.50 Crestwood Trunk Sewer&Water: 30-116-22-13-0001 20 Year 6.5% 520.00 30-116-22-13-0002 20 Year 6.5% 520.00 30-116-22-13-0004 20 Year 6.5% 520.00 30-116-22-13-0005 20 Year 6.5% 520.00 30-116-22-13-0006 20 Year 6.5% 520.00 30-116-22-13-0007 20 Year 6.5% 520.00 30-116-22-13-0010 20 Year 6.5% 520.00 30-116-22-24-0002 20 Year 6.5% 520.00 30-116-22-24-0003 20 Year 6.5% 520.00 30-116-22-13-0021 20 Year 6.5% 520.00 30-116-22-13-0023 20 Year 6.5% 520.00 30-116-22-13-0014 20 Year 6.5% 520.00 30-116-22-13-0015 20 Year 6.5% 520.00 tri T`fi'k[ �� I�.!I I' 1 �°'[� 'i I I n iw q r.�-:: �yr.�n�hry r r -� , 37,1- 0. 0.�'�;M: ;==M!� 1� , ' = E T20 ' ar ,�==. rea d. �'» .`��fi! ���5. 99 30-116-22-42-0009 20 Year 6.5% 520.00 30-116-22-42-0003 • 20 Year 6.5% 520.00 30-116-22-42-0010 20 Year 6.5% 520.00 30-116-22-42-0004 20 Year 6.5% 520.00 30-116-22-42-0015 20 Year 6.5% 520.00 30-116-22-42-0018 20 Year 6.5% 520.00 30-116-22-42-0022 20 Year 6.5% 520.00 City&Metro SAC &WAC Foster 06-116-22-32-0026 5 Year 6.0% 2,190.00 Connection Fee The Cove 2"a Addition 02-116-22-34-0001 &0002 8 Year 6.0% 8,115.00 Lorence 3'ti Addition 08-116-22-23-0016 13 Year 6.0% 13,525.00 Paal 20-116-22-43-0008 20 Year 6.0% 13,525.00 Meyer Estates (10 yrs) 20-116-22-42-0084 10 Year 6.0% 27,050.00 Exclusions Trunk Sewer &Water IC 94-5360 Golden Ridge 01-116-22-32-0018 Francher 15 Year 8.0% 300.00 IC 96-5406 Highview 30-116-22-22-0018 Gjervold 17 Year 8.5% 520.00 30-116-22-22-0032 Title 17 Year 8.5% 520.00 30-116-22-23-0003 Knauer 17 Year 8.5% 520.00 IC 99-5491 Cedar Forest 29-116-22-21-0020 Schafer 18 Year 8.5% 520.00 29-116-22-21-0010 Piatt 18 Year 8.5% 520.00 29-116-22-21-0019 Hagberg 18 Year 8.5% 520.00 Exclusions Lateral Sewer & Water IC 94-5360 Golden Ridge 01-116-22-32-0018 • Francher 15 Year 8.0% 2,713.00 IC 96-5406 Highview 30-116-22-22-0018 Gjervold 17 Year 8.5% 9,881.49 30-116-22-22-0032 Title 17 Year 8.5% 16,900.00 30-116-22-23-0003 Knauer 17 Year 8.5% 9,881.49 IC 99-5491 Cedar Forest 29-116-22-21-0001 Anderson 18 Year 8.5% 8,080.00 29-116-22-21-0010 Piatt 18 Year 8.5% 8,080.00 29-116-22-21-0019 • •• . • Hagberg;.• •• 18 Year 8.5% 8,080.00 29-116-22-21-0020 Schafer 18 Year 8.5% 8,080.00 Tall Grass :_ter: - v. .,_...,,..,,.._.. .. .:Ir�::q;',!i�-�:m p r .rry:;r.qt--:n.p:'-. I .,,r..,i,q ._r_r.__..v.....:r _-.-�-n anr..r�r a - - - - - -- - - .i I r : rr. i Ir:rl .!I. .: : I III r� I I:I v.r.I 4.4n,L^Ar .:I':v ��;vl-v�F .: 1 I.li�i�.��I:•�4n.jl�r::;4 1'v.li5irl-�i';:.r. .......vr.II':rlill'L.,�..,r..v... r: ' [ ?,yr r,:.:9�:e:,1ly '1.r:�� cr_�::=-._:� q., l!,_: ?{I_M,rr4:4.r l!II 1:���1(L�41is �, Ju__Ir! rIII:LI ltlel1. �I,, I r,lll:t7�•_.Jt rF.�Ld. I 91.f!d.,•rd,l llrrrl..,lmi.lr.:! .,1,:.! �1I .j ryE J.I v.__.r !dry , u J��y: L Ir y d,.,.._.._�. _;�r.:_.=;;y I •II „i I.J,.,�I I r I 1 I.r�I .� Ik��!1� :'I 1 'Ir�.�_ �.yl��.,�,��l���lh�?; lifl:hi, - rt,�!'..C1ifl' �✓��� .1J1.W. �,11�,�+1.-.r,i t_ti�a,�;:,_I, II�L�...��1. ry� 1-.!-:-r.i� :r� �. rl� _ t n„�,.;ri,L..�.�r..��ll �"'f•,,-�i"a��l3du �i _. � r.Il.:._:.GIs_i.ralxdl,.rr�Lt°:kahli.:,;e!I._a�....._.� .�..__� 1...._�4,.Gu..1�„��.I,.,Ir I,���iil�:;l, ;m; n!�Il�tn�.�.,�,rr:,�,.,.11�n�,���n 6��ra�.11llr��.:;l:u!,alkv�16111tr:rtllle..,ln_.��� :. 35-116-22-21-0122 Lankka-Jarvis, Inc. 1 Year 6.0% 213.00 Special Assessment Agreements 04-116-22-33-0004 Bluffs of Purgatory Creek 20 Year 6.0% 17,808.00 10-116-22-44-0010 Prairieview Retail LLC 10 Year 6.0% • 47,400.00 Deferred 14-116-22-12-0034 Ring Road 5 Year 6.0% 42,641.56 20-116-22-31-0001 Cedar Forest 20 Year 8.5% 8,029.41. 29-116-22-44-0022 Green Acres/Charlson 5 Years 6.0% 985.60 CITY COUNCIL AGENDA DATE: 10/07/03 SECTION: Public Hearings DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Management and Budget/Planning Scott H.Neal Eagle Ridge at Hennepin Village y I I E Michael D. Franzen Requested Action • Close the Public Hearing; and • Adopt the Resolution for PUD Concept Review on 151.43 acres; and • Approve 1st Reading of the Ordinance for PUD District Review on 64.9 acres and Zoning District Amendment within the R1-9.5 district on 16.9 acres, and within the RM-6.5 district on 48 acres, and • Adopt the Resolution for Preliminary Plat of 12.1 acres into 84 lots and road right-of-way; and • Direct Staff to prepare a Developer's Agreement incorporating Staff and Board recommendations and Council conditions; and Synopsis There are three amendments to the approved plan. See plan sheets labeled"Current Approved Preliminary Plat" and"Proposed Revised Site Plan". These are the last two plan sheets. • Revision 1 —Townhouses The approved plan for this area is 46 townhouses. The proposed plan is 52 townhouses. The approved units are 4,570 sf. The proposed units are 4,191 sf. The architecture is similar. The density of the 48 acre area zoned RM 6.5 area increases from 7.2 to 7.33 units per acre. • Revision Two—Single Family The approved plan is 32 single family homes. The proposed plan is 32 single family homes. This revision creates better circulation and reduces the number of stairs to the front doors. The architecture is the same. • Revision 3—Office This is a change in the concept plan. The building sizes are the same but in a different shape. This change is created by moving the access point off Pincherry Lane to the south and creating an internal connection between the parking lots. The changes to the approved plan are consistent with the intent and purpose of the approved planned unit development. 6g Community PIanning Board Recommendation The C ommunity Planning B oard voted 7-0 t o recommend approval o f t he project t o the City Council at the September 22,2003 meeting. Background Waivers from the City Code are for density, lot size, lot dimensions and setbacks. These waivers are consistent with the approved planned unit development. The plan results in a more creative and efficient approach to the use of land. Reasons for considering the waivers are unified "historic"architectural theme and71 acres of dedicated open space Liatris Lane was approved as a private road with an easement to allow public access for pedestrians and cars. Prior to City Council approval there was discussion regarding whether or not, Liatris Lane should be a public street rather than a private street with an easement for public access to the scenic overlook to insure the long term viability of public access to the overlook. Residents at the public hearing stated that it would be too easy to vacate an easement and that a public street is permanent. Current with the review of this project staff has discussed the question again and recommends that Liatris Lane remain a private street with public access easements for the following reasons. 1. The process to vacate an easement or a public right of way is the same. A public hearing is required,published in the official newspaper and written notice sent to adjacent property owners, followed by an affirmative vote by the City Council. 2. Those that would be concerned about the permanency of access to the overlook should take comfort in the priority and prominence that the bluff feature plays in the Parks and Open Space Plan,the emphasis that the City Council and staff place on trail systems in both the development review process and budgeting process and the importance of recreational opportunities to our residents. The character of Eden Prairie has been established through a 40 year process and it is unlikely that these core values will undergo radical change. 3. The concept and approval process for Hennepin Village has been a multi-year endeavor that has involved countless hours of negotiation, design,public hearings and investment by the developer. The result of these efforts has been a mutually acceptable compromise that results in housing styles and opportunities that depend on the concept of a private street system that enables smaller setbacks and accompanying streetscapes that are geared towards private maintenance—especially with regard to snow plowing. 4. To convert Liatris Lane to a public street has significant implications to the approved development—not just to properties adjacent to Liatris,but on adjacent streets either to convert additional private streets to public to provide a looped system or to develop a cul- de-sac design. The result would be loss of units and impact the economic feasibility of the project. The developer's agreement is a contract and we could not expect to make unilateral changes to the subdivision. The alternative—leaving the current design intact and merely converting Liatris to a public street—would subject the City to a significant change in service level for this one neighborhood forever. 661 Attachments 1. Resolution for PUD Concept 2. Resolution for Preliminary Plat 3. Staff Report dated September 19,2003 4. Community PlRnning Board minutes dated September 22, 2003 76 EAGLE RIDGE AT HENNEPIN VILLAGE CITY OF EDEN PRAIRIE HENNEPIN COUNTY,NIINNESOTA RESOLUTION NO. 2003- A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF EAGLE RIDGE AT HENNEPIN VILLAGE FOR PEMTOM LAND COMPANY WHEREAS,the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development(PUD) Concept of certain areas located within the City; and WHEREAS, the Community Planning Board did conduct a public hearing on September 8, 2003 on Eagle Ridge at Hennepin Village by Pemtom Land Company and considered their request for approval of the PUD Concept plan and recommended approval of the request to the City Council; and WHEREAS,the City Council did consider the request on October 7, 2003. NOW, THEREFORE,BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. Eagle Ridge at Hennepin Village,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 October 7, 2003. 3. That the PUD Concept meets the recommendations of the Community Planning Board dated September 8, 2003. ADOPTED by the City Council of the City of Eden Prairie this 7th day of October, 2003. Nancy Tyra-Lukens, Mayor Kathleen A. Porta, City Clerk 71 EXHIBIT A PUD Concept-Hennepin Village 2nd Addition (Site C): That part of Tract D, Registered Land Survey No. 1667, Files of the Registrar of Titles, Hennepin County Minnesota, lying southeasterly of the centerline of Hennepin County Road No. 4, except that part of said Tract D which lies northerly of a line described as beginning at a point on the east line of said Tract D distant 993.17 feet south of the northeast corner thereof; thence Northwesterly at an angle of 72 degrees 05 minutes 32 seconds as measured from north to west a distance of 2181.78 feet; thence northwesterly along a tangential curve concave to the northeast, having a radius of 620.00 feet, a distance of 472.68 feet more or less to the north line of said Tract D distant 777.71 feet west of the center quarter corner of Section 28, Township 116, Range 22, and said line there terminating. (Now known as Tracts A and B of Registered Land Survey No. 1730.) (Site D): Tract A, RLS No. 1629,Files of the Registrar of Title,Hennepin County,Minnesota. Together with an easement for road and utility purposes over a strip of land 60 feet in width, being 30 feet on each side of the following described center line, to-wit: Beginning at a point in the North line of the above described tract, distant 74 feet East of the northwest corner thereof; thence North 2 degrees 49 minutes East, 98.5 feet; thence North 00 degrees 6 minutes West, 146.85 feet; thence North 3 degrees 10 minutes West, 179.9 feet; thence North 6 degrees 16 minutes West, 89.5 feet; thence North 1 degree 31 minutes 30 seconds East to the southerly line of County Road 4 and there terminating. PARCEL 5: That part of Tract D, RLS No. 1667, Files of the Registrar of Titles, Hennepin County Minnesota, lying northwesterly of the centerline of Hennepin County Road No. 4, except that part lying southerly and southwesterly of the following described line; Commencing at the northwest corner of said Tract D; thence on a assumed bearing of South, along the west line of said Tract D, a distance of 522.70 feet to the point of beginning of the line to be described; thence North 68 degrees 07 minutes 41 seconds East, a distance of 81.85 feet; thence South 53 degrees 05 minutes 30 seconds East, to the southerly line of said Tract D and said line there terminating. (Now known as the plat of HENNEPIN VILLAGE) PARCEL 6: That part of the South One Half of the South One Half of the Northwest Quarter of Section 28, Township 116, Range 22, lying westerly of the Center line of Hennepin County Road No. 4, which lies northerly and westerly of the following described line; Beginning at a point in the centerline of County Road No. 4, from which a line drawn perpendicular to said centerline in a northwesterly direction would intersect the east line of the Southwest Quarter of the Northwest Quarter of said Section 28 at a point 150 feet North of the southeast corner of said Southwest Quarter of the Northwest Quarter of said Section 28; thence northwesterly from said point of beginning along said perpendicular line for a distance of 240.51 feet; thence southwesterly parallel to the center line of said Hennepin County Road No. 4 for a distance of 489.45 feet more or less to the south line of said Northwest quarter of said Section 28 and there terminating. Excepting that portion lying northerly of the following describe line; Commencing at the northwest corner of said South One Half of the South One Half of the Northwest Quarter of Said Section 28; thence easterly along the north line thereof, a distance of 299.16 feet to the point of beginning of the line to be described; thence easterly, deflecting to the right 03 degrees 25 minutes 15 seconds, a distance of 1443.72 feet to the centerline of said Hennepin County Road No. 4 and said line there terminating. (Now known as the plat of HENNEPIN VILLAGE) PARCEL 7: That part of the South 1/2 of the South 1/2 of the Northwest Quarter of Section 28, Township 116, Range 22 lying Easterly of the center line of Hennepin County Road No. 4 and Westerly of the following described line; Commencing at the Southeast corner of the Northwest Quarter of said Section 28; thence Westerly along the South line of said Northwest Quarter a distance of 890.50 feet to the point of beginning of the line to be described; thence deflecting to the right 80 degrees 30 minutes a distance of 419.8 feet more or less to the centerline of County Road No. 4 and there terminating, except that part lying Westerly of the following described line: Commencing at the Southeast corner of the Northwest Quarter of said Section 28; thence Westerly along the South line of said Northwest Quarter a distance of 1023.50 feet to the point of beginning of the line to be described; thence deflecting to the right 80 degrees 30 minutes a distance of 313.63 feet more or less to the centerline of County Road No. 4 and there terminating, Hennepin County, Minnesota. PARCEL 8: That part of the South 1/2 of the South 1/2 of the Northwest Quarter of Section 28, Township 116, Range 22 lying Easterly of the center line of Hennepin County Road No. 4 and Westerly of the following described line; Commencing at the Southeast corner of the Northwest Quarter of said Section 28; thence Westerly along the South line of said Northwest Quarter a distance of 1023.50 feet to the point of beginning of the line to be described; thence deflecting to the right 80 degrees 30 minutes a distance of 313.63 feet, more or less, to the centerline of County Road No. 4 and there terminating, Hennepin County, Minnesota. PARCEL 9: That part of the South Half of the South Half of the Northwest Quarter of Section 28, Township 116, Range 22,Hennepin County,Minnesota, described as follows: 73 Beginning at the Southeast corner of said Northwest Quarter; thence West along the South line thereof a distance of 890.50 feet; thence Northwesterly deflecting right 80 degrees 30 minutes to the centerline of County Road No. 4; thence Northerly along said centerline to the North line of said South Half of the South Half of the Northwest Quarter; thence East along the North line thereof to the Northeast corner thereof; thence South along the East line of said Northwest Quarter to the point of beginning, which lies westerly of the following described line: commencing at the Southeast corner of said Northwest Quarter; thence West along the South line thereof for a distance of 809.39 feet; thence Northwesterly deflecting to the right 80 degrees 30 minutes for a distance of 673.60 feet to the North line of said South Half of the South Half of the Northwest Quarter and being the point of beginning of the line to be described; thence Southeasterly deflecting right 180 degrees a distance of 484.49 feet; thence Southeasterly along a tangential curve concave to the Northeast having a radius of 620 feet, a distance of 197.66 feet to the South line of said Northwest Quarter and there terminating. PARCEL 10: That part of the Southeast Quarter of Section 28, Township 116,Range 22,Hennepin County,Minnesota lying easterly and southerly of Tract D,Registered Land Survey No. 1667, files of the Hennepin County Registrar of Titles and lying northerly of Flying • Cloud Drive, EXCEPT that part of said Southeast Quarter which lies northerly of a line described as beginning at the Southeast corner of the Northeast Quarter of the Southeast Quarter; thence North 72 degrees 17 minutes 46 seconds West, assuming the east line of said Southeast Quarter bears North 00 degrees 17 minutes 55 seconds West, a distance of 1045.32 feet to the east line of said Tract D and said line there terminating. 7�I EAGLE RIDGE AT H ENNEPIN VILLAGE CITY OF EDEN PRAIRIE HENNEPIN COUNTY,NIINNESOTA RESOLUTION NO.2003- RESOLUTION APPROVING THE PRELIMINARY PLAT OF EAGLE RIDGE AT HENNEPIN VILLAGE FOR PEMTOM LAND COMPANY BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Eagle Ridge at Hennepin Village for Pemtom Land Company dated August 18„2003,and consisting of 12.1 acres into 84 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 7th day of October, 2003. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen A. Porta, City Clerk -75 STAFF REPORT TO: Community Planning Board FROM: Michael D.Franzen, City Planner DATE: September 5,2003 SUBJECT: Eagle Ridge at Hennepin Village Planned Unit Development Sites C and D 2003 Revision APPLICANT/ Pemtom Land Company OWNER: Pemtom Land Company LOCATION: South of Flying Cloud Airport, east of Eden Prairie Road, and north of Highway 212 REQUEST: 1. Planned Unit Development Concept Amendment on 151.43 acres 2. Planned Unit Development District Review on 64.9 acres 3. Zoning District Change Amendment in the R1-9.5 District on 16.9 acres 4. Zoning District Change Amendment in the RM-6.5 on 48 acres 5. Site Plan Review on 48 acres 6. Preliminary Plat of 12.1 acres into 84 lots, 5 outlots, and road right of way Area Location Map = Eagle Ridge at Hennepin Village Address - N. of Hwy #212, and east of Spring Road i f f ; . ,�' fir: ...... :-_,,,_ Eden Prairie Road - ' • J -'� Pioneer Trail . r 'fti _—;\1 t 1 .\. >'\ , Spring Road E l / --'ram A _ Orkjic ... ..,:___. . .\......k.,/, -----,,,,,, . . ., ,,, . . .. .. ••. SITE .';:' :,' -- , f -- ) — - ...-•--•--L.-_ J ,...j `7 Highway #212 . / . 7 ( , • „iii Grass Lake N " , „---L-'-- ------' )(\ fo Scale i -77 Staff Report—Eagle Ridge at Hennepin Village Planned Unit Development Sites C and D 2003 Revision September 5,2003 PROJECT DESCRIPTION There are three amendments to the approved plan. See plan sheets labeled"Current Approved Preliminary Plat" and"Proposed Revised Site Plan". These are the last two plan sheets. • Revision 1 —Townhouses The approved plan for this area is 46 townhouses. The proposed plan is 52 townhouses. The approved units are 4,570 sf. The proposed units are 4,191 sf. The architecture is similar. The density of the 48 acre area zoned RM 6.5 area increases from 7.2 to 7.33 units per acre. • Revision Two—Single Family The approved plan is 32 single family homes. The proposed plan is 32 single family homes. This revision creates better circulation and reduces the number of stairs to the front doors. The architecture is the same. • Revision 3—Office This is a change in the concept plan. The building sizes are the same but in a different shape. This change is created by moving the access point off Pincherry Lane to the south and creating an internal connection between the parking lots. PLANNED UNIT DEVELOPMENT WAIVERS Waivers from the City Code are for density, lot size, lot dimensions and setbacks. R1-9.5 Zoning District • Lot size from 9,500 SF to 3,240 SF. • Density from 3.5 units per acre to 6.89 units per acre. • Site area per unit from 9,500 SF to 7,200 SF. • Lot width from 70 feet to 36 feet. • Lot depth from 100 feet to 95 feet. • Front yard setback from 30 feet to 10 feet. • Rear yard setback from 20 feet to 10 feet. • Side yard setback from 5 feet minimum and 15 feet total to 5 feet minimum and 10 feet total. RM-6.5 Zoning District • Density from 6.7 to 7.33 units per acre • Lot depth from 100 feet to 69 feet. • Front yard setback from 30 feet to 15 feet. • Side yard setback from 10 feet minimum and 20 feet total to 25 feet between buildings 2 7S Staff Report—Eagle Ridge at Hennepin Village Planned Unit Development Sites C and D 2003 Revision September 5,2003 A planned unit development allows the city to grant waivers if: • The plan results in a more creative and efficient approach to the use of land. • The plan is designed in such a manner to form a unified environment within its own boundaries. • The waivers are justified by the design. • The waivers result in a better plan for the site than if no waivers are granted. Potential reasons for considering the waivers are: • A unified"historic"architectural theme • 71 acres of dedicated open space DRAINAGE There are minor changes to the grading and drainage plans. The increase in the number of units will not impact the size of the drainage ponds. LANDSCAPING The amount of landscaping required is 2,852 caliper inches. The plan meets this requirement.There are minor changes in the location of trees due to the change in location of units. SITE SIDEWALKS AND TRAILS There are no changes to the approved sidewalk and trail plan. LIATRIS LANE Liatris Lane was approved as a private road with an easement to allow public access for pedestrians and cars. Prior to City Council approval there was discussion regarding whether or not, Liatris Lane should be a public street rather than a private street with an easement for public access to the scenic overlook to insure the long term viability of public access to the overlook. Residents at the public hearing stated that it would be too easy to vacate an easement and that a public street is permanent. Current with the review of this project staff has discussed the question again and recommends that Liatris Lane remain a private street with public access easements for the following reasons. Staff Report—Eagle Ridge at Hennepin Village Planned Unit Development Sites C and D 2003 Revision September 5, 2003 1. The process to vacate an easement or a public right of way is the same. A public hearing is required,published in the official newspaper and written notice sent to adjacent property owners, followed by an affirmative vote by the City Council. 2. Those that would be concerned about the permanency of access to the overlook should take comfort in the priority and prominence that the bluff feature plays in the Parks and Open Space Plan, the emphasis that the City Council and staff place on trail systems in both the development review process and budgeting process and the importance of recreational opportunities to our residents. The character of Eden Prairie has been established through a 40 year process and it is unlikely that these core values will undergo radical change. 3. The concept and approval process for Hennepin Village has been a multi-year endeavor that has involved countless hours of negotiation, design, public hearings and investment by the developer. The result of these efforts has been a mutually acceptable compromise that results in housing styles and opportunities that depend on the concept of a private street system that enables smaller setbacks and accompanying streetscapes that are geared towards private maintenance—especially with regard to snow plowing. 4. To convert Liatris Lane to a public street has significant implications to the approved development—not just to properties adjacent to Liatris,but on adjacent streets either to convert additional private streets to public to provide a looped system or to develop a cul- de-sac design. The result would be loss of units and impact the economic feasibility of the project. The developer's agreement is a contract and we could not expect to make unilateral changes to the subdivision. The alternative—leaving the current design intact and merely converting Liatris to a public street would subject the City to a significant change in service level for this one neighborhood forever. SUMMARY The changes to the approved plan are consistent with the intent and purpose of the approved planned unit development. STAFF RECOMMENDATION The staff recommends approval of the following requests: • Planned Unit Development Concept Amendment on 151.43 acres • Planned Unit Development District Review on 64.9 acres Staff Report—Eagle Ridge at Hennepin Village Planned Unit Development Sites C and D 2003 Revision September 5,2003 • Zoning District Amendment in the R1-9.5 district on 16.9 acres • Zoning District Amendment in the RM-6.5 district on 48 acres • Site Plan Review on 48 acres • Preliminary Plat of 12.1 acres into 84 lots, 5 outlots, and road right of way This approval is subject to the recommendations of the staff report dated September 5, 2003 and plans dated August 19, 2003, and the following: 1. Prior to Final Plat approval,the proponent shall submit detailed storm water runoff,utility and erosion control plans for review by the City Engineer and Watershed District 2. Prior to grading permit issuance,the proponent shall install erosion control and tree protection fencing at the grading limits of the property for review and approval by the City Engineer and City Forester. 3. Prior to Building permit issuance, the proponent shall: A. Meet with the Fire Marshal to go over fire code requirements. B. Submit samples of exterior building materials for review. C. Submit a landscaping and tree replacement bond for review. D. Pay the appropriate cash park fee. 5. The following waivers from the City Code are granted as part of the Planned Unit Development District review in the R1-9.5 and RM 6.5 Zoning District: R1-9.5 Zoning District • Lot size from 9,500 SF to 3,240 SF. • Density from 3.5 units per acre to 6.89 units per acre. • Site area per unit from 9,500 SF to 7,200 SF. • Lot width from 70 feet to 36 feet. • Lot depth from 100 feet to 95 feet. • Front yard setback from 30 feet to 10 feet. • Rear yard setback from 20 feet to 10 feet. • Side yard setback from 5 feet minimum and 15 feet total to 5 feet minimum and 10 feet total. RM-6.5 Zoning District I Staff Report—Eagle Ridge at Hennepin Village Planned Unit Development Sites C and D 2003 Revision September 5,2003 • Density from 6.7 to 7.33 units per acre • Lot depth from 100 feet to 69 feet. • Front yard setback from 30 feet to 15 feet. • Side yard setback from 10 feet minimum and 20 feet total to 25 feet between buildings 4. The PUD waivers are based on dedicating 71 acres of open space,the historic architectural theme, and protection of historic, cultural, and archaeological resources through dedication. f 0a Planning Board Minutes September 8,2003 Page 7 C. EAGLE RIDGE AT HENNEPIN VILLAGE by Pemtom Land Company. Request for Planned Unit Development Concept Amendment on 151.43 acres, Planned Unit Development District Review on 64.9 acres, Zoning District Amendment in the R1-9.5 District on 16.9 acres,Zoning District Amendment in the RM-6.5 District on 48 acres, Site Plan Review on 48 acres, and Preliminary Plat of 12.1 acres into 84 lots, and road right of way. Location: North of Highway 212, east of Spring Road. Dan Herbst of Pemtom Land Company presented the project. He gave the Board some background on Hennepin Village. He stated the first neighborhood was started in 2002 with three distinct sites. The Carriage Homes are sold out and the Prairie Townhomes are scheduled to be sold out by the end of the year. Utilities will be installed by the end of the year. The single family product is not doing well; they have run into resistance and are considering changing them to duplex or triplex products. The Wooddale homes are the basis for this request. The northern corner of Charlson and Spring Road is a community center with a pool and a restored barn. Originally, 46 townhomes were approved on the Prairie View area. There were various factors which affected Woodale,particularly assessments to the property. Also, the requirements for sprinkler systems in the homes resulted in price increases. The new plan would increase the number of homes from 46 to 52 which is less than a 1%overall increase in density. The product would be narrower and smaller and, as a result, it will be possible to bring the price point back down. This is a product that was used at Bearpath and was very successful. Another benefit would be to bring a less costly product and there were some concerns about the closeness of the amenities. The overlook at the center of the site was a concern as to how close it would be to the townhomes. By reducing the size of the lots,there will be more green space which will create a greater distance between the overlook, the parking and the homes on each side. The overlook will be a public element that connects to the City's trail system. Stoelting stated according to the report, there was more to the request than the size of the townhomes. Herbst responded there were minor changes needed. Franzen stated that the most important change is the increase in density and change in architecture. The second revision is change in the single family area. The unit count is the same,but the roads are different which improves access and reduces the number of steps. The third revision is for the office building,which is the same building size but a different building configuration, to accommodate a different access point. The position of the new driveway provides a better site vision distance. Staff recommends that the project be approved according to the recommendations on pages 5 and 6 of the staff report. Koenig asked Herbst what the homes were priced at and how they were selling in the Outlot A area. Herbst stated the Carriage homes range from the $230,000 - $260,000,the Heritage homes range from$280,000- $320,000 which are walkout townhomes, the Village Homes range from$300,000 - $390,000 and the Wooddale Planning Board Minutes September 8,2003 Page 8 townhomes are priced at $479,000- $500,000. Koenig asked why the single homes aren't working and why they thought there was resistance. Herbst responded that there is a perception about what a single family home should be in Eden Prairie. He stated this type of home needs to be on a flat site. The consumers are saying they are looking for more features on the first floor. The single family homes are very vertical. He would like to make sure the product is designed according to what the consumer wants. Koenig asked staff the reason for the higher assessments than originally estimated. Gray responded that the feasibility report was written in 2000 and the costs have gone up since then. He said it was also a function of the sequence in which they started work early on in the existing right of way before there was an agreement with MAC. Seymour asked the proponent to expand on the cost of the Wooddale townhomes. Steve Schwieters,President of Wooddale, stated that when complete they will be around$550,000-$575,000 maximum. He stated there's a lot of interest in this product and believes it will market well if the cost is kept under$600,000. Nelson stated she was concerned about the changes and that there will be more in the future. She asked why the changes weren't being done all at one time and why there were so many of them. Schwieters responded there were issues they didn't know when they built the first design and as construction proceeded costs increased significantly. He said the product needs to change because the market isn't there. Herbst stated they had been pushing the single family homes. It is a very complicated Planned Unit Development which includes retail and office along with all the homes. Sodt stated that he agreed with Nelson that there has been a history of changes in Pemtom projects. Herbst responded he is very sensitive to the Board but there are requirements made by staff and homeowners which required adjustments. A member of the audience asked why the waivers weren't discussed. Stoelting stated that they had been addressed in the staff report. Franzen stated that when they first looked at the concept two years ago,they had the same category of waivers. There were small homes and small lots with reduced setbacks. The tradeoff was 71 acres of open space, all the land along the bluff and the creek. The architecture embodied the history of the earliest homes in the City. These waivers are similar to those. MOTION by Steppat, second by Koenig, to close the public hearing. Motion carried, 8-0 MOTION by Steppat, second by Seymour,to approve a Planned Unit Development Concept Amendment on 151.43 acres,Planned Unit Development District Review on 64.9 acres, Zoning District Amendment in the R1-9.5 District on 16.9 acres, Zoning District Amendment in the RM-6.5 District on 48 acres, Site Plan Review on 48 acres, and Preliminary Plat of 12.1 acres into 84 lots, and road right of way, �sy Planning Board Minutes September 8,2003 Page 9 based on plans dated August 19,2003, subject to the recommendations of the staff report dated September 5,2003, to the City Council. Motion carried, 7-1, Sodt abstained CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims October 7,2003 SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Management and Budget Payment of Claims Sue Kotchevar Requested Action Move to: Approve the Payment of Claims as submitted(roll call vote) Synopsis Checks 123705— 124264 Wire Transfers 1874— 1885 Background Information Attachments City of Eden Prairie Council Check Summary 10/7/2003 Division Amount General 638,188 100 City Manager 515 101 Legislative 27,202 102 Legal Counsel -600 110 City Clerk 334 111 Customer Service 8,968 112 Human Resources 9,803 113 Communication Services 7,311 114 Benefits&Training 612 115 Risk Management 642 116 Facilities 14,021 117 City Center 1,233 130 Assessing 99 131 Finance 5,083 133 Community Development -990 134 Heritage Preservation 375 135 Information Technology 14,628 136 Wireless Communication 3,963 137 Economic Development 26 150 Park Administration 330 151 Park Maintenance 39,717 152 Parks Capital Outlay 48 153 Athletic Programs 2,685 154 Community Center 30,320 156 Youth Programs 11,992 157 Special Events 460 158 Senior Center 3,115 159 Recreation Administration 1,327 160 Adaptive Recreation 1,680 161 Oak Point Pool 13,270 162 Arts 4,722 163 Park Facilities 1,672 180 Police 32,424 183 Civil Defense 57 184 Fire 16,942 185 Animal Control 1,044 186 Inspections 2,984 200 Engineering 129 201 Street Maintenance 20,205 202 Street Lighting 53,008 203 Fleet Services 39,267 301 CDBG 11,179 303 Cemetery Operation 8 308 E-911 1,465 311 Grant Fund 79 312 Recycle Rebate 7,591 418 HRA 2002A Lease Revenue Bonds 1,000 424 G.O.Improvement Bonds 2003D 4,000 502 Park Development 4,740 503 Utility Improvement 14,538 506 Improvment Bonds 1996 45,317 507 Construction Fund 4,791 509 CIP Fund 36,168 511 Construction Fund 10,000 601 Prairie Village Liquor 114,325 602 Den Road Liquor 192,447 603 Prairie View Liquor 117,684 701 Water Fund 221,893 702 Sewer Fund 22,969 703 Storm Drainage Fund 16,693 803 Escrow Fund 11,260 806 SAC Agency Fund 76,500 Report Total 1,923,455 V �" City of Eden Prairie Council Check Register 10/7/2003 Check# Amount Vendor/Explanation Account Description Business Unit 1874 8,735 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 1875 23,117 MINNESOTA DEPT OF REVENUE State Taxes Withheld General Fund 1876 15,206 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund 1877 116,787 WELLS FARGO MINNESOTA N A Employers SS&Medicare General Fund 1878 66,494 PUBLIC EMPLOYEES RETIREMENT Employers PERA General Fund 1879 411 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Services 1880 71,831 MINNESOTA DEPT OF REVENUE Sales Tax Payable General Fund 1881 66,083 PUBLIC EMPLOYEES RETIREMENT Employers PERA General Fund 1882 8,624 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 1883 23,009 MINNESOTA DEPT OF REVENUE State Taxes Withheld General Fund 1884 14,958 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund 1885 115,780 WELLS FARGO MINNESOTA N A Employers SS&Medicare General Fund 123705 165 AMERICAN PAYROLL ASSN Dues&Subscriptions Finance 123706 218 AMERICINN Tuition Reimbursement/School Police 123707 150 BECKER,DAVE Training Supplies Police 123708 916 BF HOLDING COMPANY Deposits Escrow 123710 60 CARVER COUNTY CHS Tuition Reimbursement/School Police 123711 200 CARVER COUNTY SHERIFF'S DEPT. Deposits Escrow 123712 2,010 CENTERPOINT ENEGY Gas Water Treatment Plant 123713 125 DAKOTA COUNTY TECHNICAL COLLEG Conference Expense Human Resources 123714 519 DE LAGE LANDEN FINANCIAL SERVI Other Rentals General 123715 877 DEPARTMENT OF HUMAN SERVICES Other Contracted Services Park Maintenance 123716 70 EDEN PRAIRIE APPLIANCE Equipment Repair&Maint Fleet Services 123717 650 EDEN PRAIRIE CHAMBER OF COMMER Tuition Reimbursement/School Police 123718 100 EDEN PRAIRIE LIONS CLUB Beer/Wine Licenses General Fund 123719 125 GASCH,ROBERT Other Contracted Services Sunbonnet Days 123720 64 HENNEPIN COUNTY TREASURER Operating Supplies Community Development 123721 2,604 HENNEPIN COUNTY TREASURER Board of Prisoner Police 123722 120 M&I BANK Other Contracted Services Police 123723 30 MINNESOTA PARK SUPERVISORS ASS Conference Expense Parks Administration 123724 100 MINNETONKA,CITY OF POLICE DEP Tuition Reimbursement/School Police 123725 201 TAURUS PROPERTIES Deposits Escrow 123726 295 WHITE BEAR LAKE POLICE DEPARTM Tuition Reimbursement/School Police 123727 327 YIPA Tuition Reimbursement/School Police 123728 1,275 EDEN PRAIRIE,CITY OF Building Construction Fund 123729 20 APPLEBEE'S NEIGHBORHOOD BAR& Employee Award Communication Services 123731 942 ASPEN WASTE SYSTEMS INC. Waste Disposal Maintenance 123732 20 BATH&BODY WORKS Employee Award Communication Services 123733 20 CARIBOU COFFEE Employee Award Communication Services 123734 9,065 CENTERPOINT ENERGY MARKETING I Gas Public Works/Parks 123735 15 COLD STONE CREAMERY Employee Award Communication Services 123736 555 COMMUNITY HEALTH CHARITIES United Way Withheld General Fund 123737 11,438 DELL MARKETING L.P. Computers Information Technology 123738 5 DERUDDER,GERRY Program Fee Senior Center Program 123739 25 EDEN PRAIRIE NEWS Dues&Subscriptions Water Utility-General 123740 4,731 ELAN FINANCIAL SERVICES Conference Expense City Council 123741 9,500 FOX LAWSON&ASSOCIATES Other Contracted Services Human Resources 123742 167 GLENROSE FLORAL AND GIFT SHOPS Deposits Escrow 123743 840 GOPHER STATE ONE-CALL INC Other Contracted Services Water System Maintenance 123744 521 HANLON,SCOTT Conference Expense Fire 123745 145 IPMA Dues&Subscriptions Human Resources 123746 988 LAMETTRYS COLLISION Repair&Maint.Supplies Fire 123747 15 LIONS TAP Employee Award Communication Services 123748 264 MCDONALDS Operating Supplies Fire 123749 155 MCFERRIN,TANYA Instructor Service Outdoor Center 123750 58 MELBY,CURTIS Youth Resident Community Center Admin 123751 2,006 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund 123752 421 PETTY CASH Operating Supplies Teen Programs 123753 20 REDSTONE AMERICAN GRILL INC Employee Award Communication Services 123754 475 SAUGEN,ANNA Other Contracted Services Volleyball 123755 160 ACE ICE COMPANY Misc Non-Taxable Prairie View Liquor Store 123756 230 AMERICAN INTERTRADE Beer Den Road Liquor Store 123757 105 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Prairie View Liquor Store 123758 539 ARCTIC GLACIER INC Misc Non-Taxable Den Road Liquor Store 123759 5,895 BELLBOY CORPORATION Liquor Prairie View Liquor Store 123760 44 BRW ENTERPRISES Wine Domestic Den Road Liquor Store 123761 8,886 DAY DISTRIBUTING Beer Prairie View Liquor Store 123762 2,023 EAGLE WINE COMPANY Wine Imported Prairie View Liquor Store 123763 11,965 EAST SIDE BEVERAGE COMPANY Beer Prairie View Liquor Store 123764 405 GETTMAN COMPANY gMiisc Taxable Den Road Liquor Store Check# Amount Vendor I Explanation Account Description Business Unit 123765 1,438 GRAPE BEGINNINGS Wine Domestic Prairie View Liquor Store 123766 7,517 GRIGGS COOPER&CO Liquor Prairie View Liquor Store 123767 1,608 HOHENSTEINS INC Beer Prairie Village Liquor Store 123769 12,365 JOHNSON BROTHERS LIQUOR CO Transportation Prairie View Liquor Store I23770 22,028 MARK VII Beer Prairie View Liquor Store I23771 677 MIDWEST COCA COLA BOTTLING COM Iviisc Taxable Prairie Village Liquor Store 123772 1,338 PAUSTIS&SONS COMPANY Wine Imported Prairie View Liquor Store 123773 9,959 PHILLIPS WINE AND SPIRITS INC Liquor Prairie View Liquor Store 123774 870 PINNACLE DISTRIBUTING Operating Supplies Den Road Liquor Store 123775 2,370 PRIOR WINE COMPANY Wine Domestic Den Road Liquor Store 123776 7,346 QUALITY WINE&SPIRITS CO Wine Imported Den Road Liquor Store 123777 16,187 THORPE DISTRIBUTING Beer Prairie View Liquor Store 123778 155 TRI COUNTY BEVERAGE&SUPPLY Beer Den Road Liquor Store 123779 2,023 WINE COMPANY,THE Wine Domestic Prairie View Liquor Store 123780 4,242 WINE MERCHANTS INC Wine Domestic Prairie View Liquor Store 123781 625 WORLD CLASS WINES INC Wine Domestic Prairie Village Liquor Store 123782 95 ASPEN WASTE SYSTEMS INC. Waste Disposal Senior Center 123783 167 AZTECH EMBROIDERY SERVICES Clothing&Uniforms Fire 123784 37 BAITINGER,ELAINE Program Fee Adult Program 123785 40 BOLD,PAULINE Other Contracted Services Sunbonnet Days 123786 161 BUSINESS JOURNAL,THE Dues&Subscriptions In Service Training 123787 30 CARVER COUNTY CHS Conference Expense Fire 123788 514 DIVERSIFIED OPTICAL PRODUCTS, Repair&Maint Supplies Fire 123789 79 GIRL SCOUT TROOP 1341 Other Contracted Services Sunbonnet Days 123790 1,122 GLEN LAKE GOLF Program Fee Therapeutic Recreation 123791 75 IAFCI MINNESOTA Tuition Reimbursement/School Police 123792 989 JENNINGS EXPERIMENTAL HIGH SCH Other Contracted Services Sunbonnet Days 123793 65 KAMATH,DEEPAK Lessons&Classes Ice Arena 123794 250 LEADBETTER IV,HARRY Other Contracted Services Special Initiatives 123795 311 MERLINS ACE HARDWARE Operating Supplies Maintenance 123796 380 METRO ATHLETIC SUPPLY Operating Supplies Park Maintenance 123797 75 MINNESOTA BOARD OF ELECTRICITY Merchandise for Resale Inspections-Administration 123798 21,751 MINNESOTA DEPT OF HEALTH Other Contracted Services Water Utility-General 123799 9 MINNESOTA DEPT OF PUBLIC SAFET Bike Registrations General Fund 123800 1,335 MINNESOTA VALLEY ELECTRIC COOP Electric Park Maintenance 123801 4,000 MOODY'S INVESTORS SERVICE Bond Issue Costs G.O.Improvement Bonds 2003D 123802 32 MURPHY,JOAN Lessons&Classes Ice Arena 123803 3,809 NORTHSHORE ADVISORS LLC Audit&Financial Finance 123804 19 OWEN'S SERVICES CORP Cash Over/Short General Fund 123805 3,000 POSTAGE BY PHONE RESERVE ACCOU Postage General 123806 18 PRAIRIE LAWN AND GARDEN Equipment Repair&Maint Park Maintenance 123807 104 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Services 123808 2,543 QWEST Telephone Water Utility-General 123809 1,236 Qwest COMMUNICATIONS Pager&Cell Phone Police 123810 119 SOUTHWEST SUBURBAN PUBLISHING- Advertising Community Center Admin 123811 108 SPORTSIGN Other Contracted Services Accessibility 123812 9,000 SQUARE CUT Other Assets Den Road Liquor Store 123813 8,095 SRF CONSULTING GROUP INC Design&Engineering Construction Fund 123814 5,385 STANDARD INSURANCE CO Life Insurance EE/ER General Fund 123815 55 THIESSEN,NORMA Program Fee Fall Skill Development 123816 135 TOLL GAS AND WELDING SUPPLY Operating Supplies Park Maintenance 123817 539 UNIFORMS UNLIMITED Clothing&Uniforms Fire 123818 1,000 US BANK TRUST NATIONAL ASSN Paying Agent BRA 2002A LEASE REVENUE BONDS 123819 1,348 US POSTMASTER-HOPKINS Postage Water Accounting 123820 1,661 UTING,BRENDA Other Contracted Services Community Brochure 123821 42 VERIZON WIRELESS BELLEVUE Pager&Cell Phone Fire 123822 5 VITALI,MARGARET Lessons&Classes Fitness Classes 123823 82 WHITE,NICOLE Mileage&Parking Therapeutic Recreation 123824 3,072 WORK CONNECTION-BPARK Other Contracted Services Park Maintenance 123825 230 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Senior Center Program 123826 281 ASPEN WASTE SYSTEMS INC. Waste Disposal Fire Station 43 123827 5,348 AWWA RESEARCH FOUNDATION Dues&Subscriptions Water Utility-General 123828 100 BRAGG,ANNALISA Instructor Service Outdoor Center 123829 300 CARVER COUNTY SHERIFFS DEPT. Deposits Escrow 123830 31 CULLIGAN BOTTLED WATER Operating Supplies Fire 123831 177 DE LAGE LANDEN FINANCIAL SERVI Other Rentals Fire 123832 4,055 GLEN LAKE GOLF Instructor Service Spring Skill Development 123833 504 HENNEPIN COUNTY Waste Disposal Park Maintenance 123834 62 HENNEPIN COUNTY TREASURER Waste Disposal Park Maintenance 123835 40 KORZENOWSKI,STEVE Instructor Service Outdoor Center 123836 375 LEADBEI t ER IV,HARRY Other Contracted Services Youth Programs Administration 123837 357 MACQUEEN EQUIPMENT INC Equipment Parts Fleet Services 123838 109 MINNESOTA MULTI HOUSING ASSOC Conference Expense Engineering 123839 7,208 MINNESOTA STATE TREASURER Building Surcharge General Fund 1 Check# Amount Vendor I Explanation Account Description Business Unit 123840 65 MOLNAU,JESSE Org Athletic League Fees Softball 123841 300 MRPA Conference Expense Parks Administration 123842 I00 OTTERNESS,RON Instructor Service Outdoor Center 123843 288 PETTY CASH POLICE DEPT Postage General 123844 63 STEWART HES I EX,RENEE Other Contracted Services Recreation Administration 123845 400 TIME WARNER CABLE Operating Supplies Fire 123846 40 TRAPP,SUZANNE Instructor Service Outdoor Center 123847 I35 UNIVERSITY OF MINNESOTA Conference Expense Storm Drainage 123848 52 VERIZON WIRELESS BELLEVUE Pager&Cell Phone General Facilities 123849 75 WEEDMAN,NICOLE Mileage&Parking Youth Programs Administration 123850 114,520 XCEL ENERGY Electric Street Lighting 123851 132 ABRASIVE TECHNOLOGIES INC Operating Supplies Traffic Signs 123852 51 ANOKA COUNTY SHERIFFS OFFICE Other Rentals Police 123853 1,445 ASPEN WASTE SYSTEMS INC. Waste Disposal Public Works/Parks 123854 300 ATOM Tuition Reimbursement/School Police 123855 925 BLOOMINGTON,CITY OF Kennel Services Animal Control 123856 315 BLR INC Training Supplies Water Utility-General 123857 644 BRAGG,ANNALISA Instructor Service Outdoor Center 123858 40 CAMP RIPLEY MESS FUND Other Rentals Police 123859 2,256 CY'S UNIFORMS Clothing&Uniforms Police 123860 439 DAVIES/NORTHERN WATER WORKS Repair&Maint.Supplies Water System Maintenance 123861 50 EDEN PRAIRIE NEWS Dues&Subscriptions Police 123862 1,223 ELK RIVER CONCRETE PRODUCTS Repair&Maint.Supplies Storm Drainage 123863 160 FIRE ENGINEERING MAGAZINE Dues&Subscriptions Fire 123864 27 FOSTER,MARJORIE Program Fee Senior Center Program 123865 217 HOME DEPOT/GECF Repair&Maint.Supplies Water Meter Repair 123866 1,688 JOHN HENRY FOSTER MINNESOTA IN Equipment Parts Water Treatment Plant 123867 30 MINNESOTA COUNTY ATTORNEYS ASS Tuition Reimbursement/School Police 123868 40 MINNESOTA DEPT OF AGRICULTURE Other Contracted Services Lime Sludge 123869 295 OHIO UNIVERSITY Tuition Reimbursement/School Police 123870 18 OSI BATTERIES INC Operating Supplies Police 123871 27 ROBBINS WILLIAM Program Fee Senior Center Program 123872 70 RUBEN,MARK Org Athletic League Fees Softball 123873 426 ST JOSEPH EQUIPMENT INC Other Rentals Storm Drainage 123874 291 STERICYCLE INC Other Contracted Services Police 123875 1,065 STRATEGIC INSIGHTS COMPANY Software Finance 123876 10 TELECHECK SERVICES,INC Other Contracted Services Prairie Village Liquor Store 123877 208 TIME WARNER CABLE Cable TV Fire 123878 27 TORNOE,JACKIE Program Fee Senior Center Program 123879 130 TRAPP,SUZANNE Instructor Service Outdoor Center 123880 8 UPS Postage General 123881 2,044 XCEL ENERGY Principal Traffic Signals 123882 32 ZILKA,AMY Other Contracted Services Senior Center Program 123883 11,079 BORG SECURING INC Other Contracted Services 2000 Rehab 123884 149 CAREER TRACK Tuition Reimbursement/School Police 123885 500 CARVER COUNTY SHERIFF'S DEPT. Deposits Escrow 123886 13,335 DELTA DENTAL PLAN OF MN Dental General Fund 123887 3,385 EDEN PRAIRIE SOCCER CLUB INC Instructor Service Athletics 123888 392 GE CAPITAL Other Rentals General 123890 1,018 GENUINE PARTS COMPANY Equipment Parts Fleet Services 123891 469 GRAYBOW COMMUNICATIONS GROUP Operating Supplies Arts Initiative 123892 375 J H LARSON ELECTRICAL COMPANY Equipment Parts City Center Operations 123893 780 LACROSSE UNLIMITED Instructor Service Athletics 123894 94 MAROTTA,VIC Instructor Service Summer Skill Development 123895 3,170 METRO SALES INCORPORATED* Other Rentals General 123896 75,735 METROPOLITAN COUNCIL Due to Other Governments SAC Agency Fund 123897 17 OXMOOR HOUSE Recreation Supplies Youth Programs Administration 123898 22 PACK 0 FUN Dues&Subscriptions Youth Programs Administration 123899 7,443 PRAIRIE PARTNERS SIX LLP Building Rental Prairie Village Liquor Store 123900 9,430 PRAIRIEVIEW RETAIL LLC Building Rental Prairie View Liquor Store 123901 73 QUICKSILVER EXPRESS COURIER Postage General 123902 109 SCHUELKA,MATT Operating Supplies Drama Camp 123903 63 UNIVERSITY OF MINNESOTA Other Contracted Services Park Maintenance 123904 400 WASHINGTON COUNTY SHERIFFS DE Deposits Escrow 123905 57 WHITE,BECKI Operating Supplies Youth Programs Administration 123906 147 ACE ICE COMPANY Misc Non-Taxable Prairie View Liquor Store 123907 83 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Den Road Liquor Store 123908 348 ARCTIC GLACIER INC Misc Non-Taxable Den Road Liquor Store 123909 5,029 BELLBOY CORPORATION Misc Taxable Prairie Village Liquor Store 123910 4,952 DAY DISTRIBUTING Beer Den Road Liquor Store 123911 2,219 EAGLE WINE COMPANY Wine Imported Prairie View Liquor Store 123912 12,643 EAST SIDE BEVERAGE COMPANY Beer Den Road Liquor Store 123913 300 EXTREME BEVERAGE Misc Taxable Den Road Liquor Store 123914 254 GETTMAN COMPANY Misc Taxable Den Road Liquor Store 90 Check# Amount Vendor/Explanation Account Description Business Unit 123915 131 GRAPE BEGINNINGS Wine Imported Den Road Liquor Store 123916 I9,772 GRIGGS COOPER&CO Liquor Den Road Liquor Store 123917 I5,820 JOHNSON BROTHERS LIQUOR CO MiscTaxable Den Road Liquor Store 123918 2,927 MARK VII Beer Den Road Liquor Store 123919 1,440 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store 123920 89 NEW FRANCE WINE COMPANY Wine Domestic Den Road Liquor Store 123921 302 PAUSTIS&SONS COMPANY Wine Imported Den Road Liquor Store 123922 8,651 PHILLIPS WINE AND SPIRITS INC Wme Domestic Den Road Liquor Store 123923 716 PINNACLE DISTRIBUTING Operating Supplies Den Road Liquor Store 123924 3,216 PRIOR WINE COMPANY Transportation Prairie Village Liquor Store 123925 7,701 QUALITY WINE&SPIRITS CO Wine Domestic Den Road Liquor Store 123926 24,060 THORPE DISTRIBUTING Beer Den Road Liquor Store 123927 291 WINE COMPANY,THE Wine Domestic Den Road Liquor Store 123928 407 WINE MERCHANTS INC Wine Domestic Den Road Liquor Store 123929 479 WORLD CLASS WINES INC Wine Imported Den Road Liquor Store 123930 513 A P LAWN INC Building Repair&Maint. Fire Station#1 123931 137 A TO Z RENTAL CENTER Other Rentals Street Maintenance 123932 422 AAA LAMBERTS LANDSCAPE PRODUCT Landscape Materials/Supp Storm Drainage 123933 744 ABSOLUTE RAIN INC. Building Repair&Maint. Fire Station#2 123934 199 AIR POWER EQUIPMENT CORPORATIO Repair&Maint.Supplies Fire 123935 350 ALL SEASONS LANDSCAPE&DESIGN Other Contracted Services Water Treatment Plant 123936 101 ALLIED VAUGHN Video&Photo Supplies Summer Safety Camp 123937 420 AMERICAN WATER WORKS ASSOCIATI Training Supplies Water Utility-General 123938 9,071 ANCHOR PRINTING COMPANY Printing Senior Center Administration 123939 165 ARMOR SECURITY INC. Other Contracted Services Outdoor Center 123940 798 ATHLETICA Repair&Maint.Supplies Ice Arena 123941 1,818 BAUER BUILT TIRE AND BA 1 1'bRY Equipment Parts Fleet Services 123942 1,176 BECKER ARENA PRODUCTS INC Repair&Maint.Supplies Ice Arena 123943 28 BERRY COFFEE COMPANY Operating Supplies Senior Center Administration 123944 51 BERTELSON OFFICE PLUS Office Supplies Water Utility-General 123945 703 BOYER TRUCKS SO.ST.PAUL Equipment Parts Fleet Services 123946 9,184 BRAUN INTERTEC CORPORATION Other Contracted Services Water Treatment Plant 123947 12 BROADWAY AWARDS Cleaning Supplies Maintenance 123948 9,530 BROWN TRAFFIC PRODUCTS Equipment Repair&Maint Traffic Signals 123949 1,264 BRYAN ROCK PRODUCTS INC Gravel Storm Drainage 123950 168 CARLSON TRACTOR AND EQUIPMENT Equipment Parts Fleet Services 123951 2,769 CARLSON'S TREE SERVICE Other Contracted Services Tree Removal 123952 43 CATCO CLUTCH&TRANSMISSION SE Equipment Repair&Maint Fleet Services 123953 2,602 CDW GOVERNMENT INC. Small Tools Fleet Services 123954 5,043 CEMSTONE Repair&Maint.Supplies Storm Drainage 123955 1,041 CENTRAIRE INC Equipment Repair&Maint Den Road Liquor Store 123956 80 CITI-CARGO&STORAGE CO,INC Operating Supplies Summer Theatre 123957 295 CLAREYS INC Safety Supplies Water Treatment Plant 123958 1,125 CONCRETE CUTTING&CORING INC Repair&Maint.Supplies Storm Drainage 123959 523 CONNEY SAFETY PRODUCTS Repair&Maint.Supplies Water Treatment Plant 123960 85 CONSTRUCTION MATERIALS INC Operating Supplies Water Treatment Plant 123961 32 COPY EQUIPMENT INC Operating Supplies Traffic Signs 123962 , 1,613 CORPORATE EXPRESS. Office Supplies General 123963 18,866 CUTLER MAGNER COMPANY Chemicals Water Treatment Plant 123964 253 DALCO Cleaning Supplies Maintenance 123965 4,897 DALCO ROOFING&SHEET METAL IN Building Repair&Maint. Fire Station#2 123966 81 DAVANNIS PIZZA Miscellaneous Communication Services 123967 966 DECORATIVE DESIGNS INC Other Contracted Services Water Treatment Plant 123968 179 DELEGARD TOOL CO Equipment Parts Fleet Services 123969 101 DIESEL INJECTION SERVICE INC Equipment Parts Fleet Services 123970 441 DNR SCREEN PRINTING INC Operating Supplies Concessions 123971 610 DYNA SYSTEMS Repair&Maint.Supplies Water Treatment Plant 123972 1,467 EARL F ANDERSEN INC Signs Traffic Signs 123973 248 ELVIN SAFETY SUPPLY INC Equipment Testing/Cert. Fire 123974 255 EMERGENCY APPARATUS MAINTENANC Equipment Repair&Maint Fire 123975 327 EMERGENCY AUTOMOTIVE TECHNOLOG Equipment Parts Fleet Services 123976 175 ESCHELON TELECOM 1NC Equipment Repair&Maint Telephone 123977 139 FERRELLGAS Motor Fuels Ice Arena 123978 19 FIXES HYGIENE SERVICES Operating Supplies Prairie Village Liquor Store 123979 5,979 FINLEY BROS INC Repair&Maint.Supplies Park Maintenance 123980 1,278 FLANAGAN SALES,INC. Improvements to Land Capital Impr./Maint.Fund 123981 923 G&K SERVICES-MPLS INDUSTRIAL Cleaning Supplies Water Treatment Plant 123982 80 GRAINGER Equipment Repair&Maint Maintenance 123983 12,121 GRAUS CONTRACTING INC Building Capital Impr./Maint.Fund 123984 1,244 GREENER PASTURES Other Contracted Services Storm Drainage 123985 343 GREG LARSON SPORTS Recreation Supplies Summer Skill Development 123986 456 H M CRAGG CO Equipment Repair&Maint Wireless Communication 123987 168 HAMILTON,MICHAEL Other Contracted Services Softball 123988 24,204 HANSEN THORP PELLINEN OLSON Design&Engineering Improvement Projects 1996 9 1 Check# Amount Vendor/Explanation Account Description Business Unit 123989 11,727 HARTLAND FUEL PRODUCTS I LC Motor Fuels Fleet Services 123990 11,549 HAWKINS WATER TREATMENT GROUP Chemicals Water Treatment Plant 123991 1,048 HIRSHFIELDS PAINT MANUFACTURIN Operating Supplies Park Maintenance 123992 12,987 IND SCHOOL DIST 272 Other Contracted Services Oak Point Operations 123993 188 INFRATECH Operating Supplies Water System Maintenance 123994 440 INNOVATIVE GRAPHICS Clothing&Uniforms Athletics 123995 48 INSIGHT PUBLIC SECTOR Capital Under$2,000 Capital Outlay Parks 123996 565 INTERSTATE COMPANIES INC Equipment Parts Fleet Services 123997 777 ISAACS,GARY Other Contracted Services Softball 123998 162 ITS A KEEPER Employee Award Communication Services 123999 695 JANEX INC Cleaning Supplies Maintenance 124000 154 K&H OUTDOORS,INC Other Contracted Services Park Maintenance 124001 95 KINKO'S Operating Supplies Therapeutic Recreation 124002 182 KRAEMERS HARDWARE INC Operating Supplies Park Maintenance 124003 549 LAB SAFETY SUPPLY INC Repair&Maint.Supplies Water Treatment Plant 124004 1,144 LAMETTRYS COLLISION Equipment Repair&Maint Fleet Services 124005 28 LANO EQUIPMENT INC Repair&Maint.Supplies Storm Drainage 124006 115 LANO EQUIPMENT OF NORWOOD Operating Supplies Street Maintenance 124007 119 LEROY JOB TRUCKING INC Other Contracted Services Animal Control 124008 363 MACDONALD&MACK ARCHITECTS LT Building Capital Impr./Maint.Fund 124009 108 MACQUEEN EQUIPMENT INC Equipment Parts Fleet Services 124010 42 MADER,STEVEN E Other Contracted Services Softball 124011 107 MARKS EDEN PRAIRIE AMOCO Equipment Repair&Maint Police 124012 • 98 MATEJCEKS Equipment Parts Fleet Services 124013 585 MAXI-PRINT INC Printing Police 124014 480 MENARDS Operating Supplies Traffic Signals 124015 149 METRO BRUSH&SUPPLY Repair&Maint.Supplies Fire Station#1 124016 3,996 METRO CONCRETE RAISING INC Repair&Maint.Supplies Storm Drainage 124017 260 METRO EROSION INC Other Contracted Services Storm Drainage Projects 124018 4,109 METRO FIRE Protective Clothing Fire 124019 130 METROPOLITAN FORD Equipment Repair&Maint Fleet Services 124020 3,393 MIDWEST ASPHALT CORPORATION Patching Asphalt Street Maintenance 124021 12,280 MILLER DUNWIDDIE Building Capital Impr./Maint.Fund 124022 249 MINNESOTA CONWAY Safety Supplies Fire 124023 1,305 MOORE MEDICAL CORP Safety Supplies Fire 124024 3,717 MTI DISTRIBUTING INC. Equipment Repair&Maint Fleet Services 124025 168 MURRAY,JOHN Other Contracted Services Softball 124026 1,735 NATIONAL WATERWORKS Merchandise for Resale Water Utility-General 124027 2,085 NEW LONDON TECHNOLOGY INC Capital Under$2,000 Wireless Communication 124028 13 NORTHERN TOOL&EQUIPMENT CO. Repair&Maint.Supplies Storm Drainage 124029 169 OLSEN COMPANIES Protective Clothing Water System Maintenance 124030 54 ORIENTAL TRADING COMPANY INC Recreation Supplies Special Events&Trips 124031 791 OSI BATTERIES INC Operating Supplies Police 124032 583 PARK NICOLLET CLINIC Other Contracted Services Risk Management 124033 30 PETSMART Canine Supplies Police 124034 1,789 PJS AND ASSOCIATES INC Small Tools Fire 124035 1,700 PLEHAL BLACKTOPPING INC Other Contracted Services Water System Maintenance 124036 6 POKORNY COMPANY Equipment Repair&Maint Maintenance 124037 20 POWERPLAN Equipment Parts Fleet Services 124038 88 PRAIRIE CYCLE&SKI Clothing&Uniforms Police 124039 2,263 PRAIRIE ELECTRIC COMPANY Repair&Maint.Supplies Water Treatment Plant 124040 128 PRINTERS SERVICE INC Repair&Maint.Supplies Ice Arena 124041 129 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Services 124042 137 PUBLIC SAFETY CENTER INC Operating Supplies Police 124043 88 QUALIFICATION TARGETS Training Supplies Police 124044 270 RAIN SNOW&SHINE Recreation Supplies Summer Skill Development 124045 39 RIDGEVIEW BUSINESS HEALTH Other Contracted Services Risk Management 124046 56 RIGID HITCH INCORPORATED Equipment Parts Fleet Services 124047 21,789 RMR SERVICES INC Other Contracted Services Utility Improvement Fund 124048 520 ROBICHONS THE IN-LINE SKATE SC Instructor Service Preschool Events 124049 297 ROCHESTER MIDLAND CORPORATION Cleaning Supplies Maintenance 124050 5,725 RUMPCA CO INC Waste Disposal Tree Removal 124051 181 S&S WORLDWIDE Recreation Supplies Pool Lessons 124052 44 SCHERER BROTHERS LUMBER CO Building Materials Street Maintenance 124053 150 SCRAP METAL PROCESSORS INC Waste Disposal Fleet Services 124054 720 SE-ME INC Video&Photo Supplies Police 124055 38 SHEMIN NURSERIES,INC. Equipment Repair&Maint Park Maintenance 124056 64 SHERWIN WILLIAMS CO Repair&Maint.Supplies Senior Center 124057 3,237 SHORT ELLIOTT HENDRICKSON INC Design&Engineering Improvement Projects 1996 124058 60 SHRED-IT Waste Disposal City Center Operations 124059 65 SNAP-ON TOOLS Small Tools Fleet Services 124060 11 SNYDER Operating Supplies Activity Camp 124061 23,986 SRF CONSULTING GROUP INC Design&Engineering Improvement Projects 1996 124062 179 STANDARD REGISTER Office Supplies General 9a Check 0 Amount Vendor/Explanation Account Description Business Unit 124063 25 STAR TRIBUNE Misc Nan-Taxable Prairie View Liquor Store I24064 684 STEMPF AUTOMOTIVE INDUSTRIES I Equipment Parts Fleet Services 124066 4,715 STREICHERS Clothing&Uniforms Police 124067 1,370 SUBURBAN CHEVROLET GEO Equipment Parts Fleet Services 124068 3,467 SUBURBAN TIRE WHOI.FSALE INC Tires Fleet Services 124069 8,542 SUMMIT ENVIROSOLUTIONS Other Contracted Services Utility Improvement Fund 124070 327 SUN NEWSPAPERS Legal Notices Publishing City Clerk 124071 129 TAB PRODUCTS CO Office Supplies Inspections-Administration 124072 144 TESSCO Operating Supplies Wireless Communication 124073 608 THYSSENKRUPP ELEVATOR Equipment Repair&Maint Maintenance 124074 29 TOLL GAS AND WELDING SUPPLY Repair&Maint Supplies Water System Maintenance 124075 24 TRANS UNION CORPORATION Operating Supplies Police 124076 302 TRANSPORT GRAPHICS Operating Supplies Fire 124077 2,925 TREES INC Other Contracted Services Reforestation 124078 280 TRUGREEN CHEMLAWN MTKA Other Contracted Services Water Treatment Plant 124079 113 TWIN CITY OXYGEN CO Operating Supplies General Facilities 124080 573 UNIFORMS UNLIMITED Clothing&Uniforms Police 124081 237 UNITED HEALTHCARE SERVICES INC Employee Assistance Employee Benefits 124082 265 UNLIMITED SUPPLIES INC Equipment Parts Fleet Services 124083 285 US HOSPITALITY Advertising Prairie View Liquor Store 124084 64 USTA-NORTHERN SECTION Clothing&Uniforms Tennis 124085 667 VESSCO INC Equipment Parts Water Treatment Plant 124086 165 VIKING TROPHIES Employee Award Communication Services 124087 546 VOIGHT,JEFF Other Contracted Services Softball 124088 1,201 WALLACE METRO PRINTING Office Supplies Fire 124089 325 WERNER ELECTRIC SUPPLY CO. Equipment Parts Water Treatment Plant 124090 53 WESTSIDE EQUIPMENT Equipment Parts Fleet Services 124091 631 WESTWOOD PROFESSIONAL SERVICES Design&Engineering Construction Fund 124092 116 WOLF CAMERA Video&Photo Supplies Police 124093 64 WORM,SANDY Landscape Materials/Supp Park Maintenance 124094 607 ZEP MANUFACTURING CO Equipment Parts Fleet Services 124095 3,941 ZIEGLER INC Equipment Repair&Maint Water Treatment Plant 124096 498 ANCHOR PRINTING COMPANY Printing Summer Theatre 124097 100 ANDERSON,ROLF Other Contracted Services Heritage Preservation 124098 138 APWA Other Contracted Services Fleet Services 124099 16 ARVOLD,KATIE Mileage&Parking Activity Camp 124100 89 AT&T Pager&Cell Phone Police 124101 318 B&B ASSOOCIATES/CRYSTAL Conference Expense Water Utility-General 124102 54 CARR,WENDY Outside Water Sales Water Enterprise Fund 124103 100 CASTANEDA,SILVIA Outside Water Sales Water Enterprise Fund 124104 114 ESBENSEN,GEORGE Training Supplies Fire 124105 115 GABBERT,MICHAEL Mileage&Parking Tennis 124106 47 GERTZ,JOHN Operating Supplies Sunbonnet Days 124107 96 HANLON,KIM Mileage&Parking Fire 124108 100 HENNEPIN COUNTY ADMINISTRATOR Other Contracted Services 2000 Rehab 124109 50 MANLOVE,JOANNE Refunds Environmental Education 124110 151,465 MEDICA CHOICE Medical Bills Prepaid General Fund 124111 35 MFAPC Dues&Subscriptions Fire 124112 11,000 MINNESOTA STATE RETIREMENT SYS Severance Police 124113 345 MN DEPT.OF LABOR AND INDUSTRY Conference Expense Water Utility-General 124114 1,427 PEMTOM LAND CO. Deposits Escrow 124115 3 QWEST Telephone E-911 Program 124116 291 RICHARDSON,JIM Instructor Service Fall Skill Development 124117 75 SUSA Conference Expense Water Utility-General 124118 157 VERIZON WIRELESS BELLEVUE Pager&Cell Phone Police 124119 58 XCEL ENERGY Electric Traffic Signals 124120 3,418 ACTION RADIO&COMMUNICATIONS, Capital Under$2,000 Fleet Services 124121 138 BARONE,MICHAEL Miscellaneous City Manager 124122 7,591 BFI WASTE SYSTEMS OF NORTH AME Other Contracted Services Recycle Rebate 124124 6,775 BIFFS INC Waste Disposal Park Maintenance 124125 10 BOURASSA,JUDY Lessons&Classes Fitness Classes 124126 10 BOYD,DAWN Program Fee Fall Skill Development 124127 27 DE ABREU,RUTA Program Fee Senior Center Program 124129 508 DRISKILLS NEW MARKET Operating Supplies Day Camp 124130 8 FARMER,LOUISE Program Fee Senior Center Program 124131 30 FISH,KATHLEEN Lessons&Classes Pool Lessons 124132 161 HENNEPIN COUNTY TREASURER Operating Supplies Community Development 124133 1,590 INTERNATIONAL UNION OF OPERATI Union Dues Withheld General Fund 124134 55 LARSON,SUSAN Lessons&Classes Ice Arena 124135 27 LUKE,BARBARA Program Fee Senior Center Program 124136 2,068 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund 124137 412 PETTY CASH Miscellaneous City Council 124138 126 QWEST Telephone SewerLiftstation 124139 65 RAMEL,LAUREEN Lessons&Classes Ice Arena 93 Check it Amount Vendor/Explanation Account Description Business Unit 124140 54 RANKIN,ROBERTA Program Fee Senior Center Program 124141 74 SAGI,RAGHUNANDAN Lessons&Classes Oak Point Lessons 124142 36 SAME,SANAZ Lessons&Classes Oak Point Lessons 124143 149 TARGET CENTER Special Event Fees Preschool Events 124144 40 TELEPHONE ANSWERING CENTER INC Other Contracted Services Water Treatment PIant 124145 75 TKACH,GEORGE Other Contracted Services Senior Center Program 124146 27 WITKEWICS,JOE Program Fee Senior Center Program 124147 1,756 WORK CONNECTION-BPARK Other Contracted Services Park Maintenance 124148 25 XCEL ENERGY Electric Traffic Signals 124149 134 ACE ICE COMPANY Misc Non-Taxable Prairie View Liquor Store 124150 98 AMERIPRIDE LINEN&APPAREL SER Repair&Maint Supplies Den Road Liquor Store 124151 515 ARCTIC GLACIER INC Misc Non-Taxable Den Road Liquor Store 124152 6,208 BELLBOY CORPORATION Wine Imported Prairie View Liquor Store 124153 9,680 DAY DISTRIBUTING Beer Prairie View Liquor Store 124154 1,681 EAGLE WINE COMPANY Liquor Den Road Liquor Store 124155 5,142 EAST SIDE BEVERAGE COMPANY Beer Prairie Village Liquor Store 124156 586 GRAPE BEGINNINGS Wine Domestic Den Road Liquor Store 124157 9,235 GRIGGS COOPER&CO Liquor Prairie Village Liquor Store 124158 617 HOHENSTEINS INC Beer Den Road Liquor Store 124159 19,884 JOHNSON BROTHERS LIQUOR CO Liquor Den Road Liquor Store 124160 11,015 MARK VII Beer Prairie View Liquor Store 124161 2,415 PAUSTIS&SONS COMPANY Beer Den Road Liquor Store 124162 5,343 PHILLIPS WINE AND SPIRITS INC Liquor Den Road Liquor Store 124163 523 PINNACLE DISTRIBUTING Misc Taxable Den Road Liquor Store 124164 1,384 PRIOR WINE COMPANY Wine Domestic Prairie Village Liquor Store 124165 6,604 QUALITY WINE&SPIRITS CO Liquor Prairie View Liquor Store 124166 10,993 THORPE DISTRIBUTING Beer Den Road Liquor Store 124167 180 TRI COUNTY BEVERAGE&SUPPLY Beer Den Road Liquor Store 124168 1,355 WINE COMPANY,THE Wine Imported Den Road Liquor Store 124169 833 WINE MERCHANTS INC Transportation Prairie Village Liquor Store 124170 1,785 WORLD CLASS WINES INC Wine Domestic Prairie View Liquor Store 124171 60 ALCOHOL&GAMBLING ENFORCEMENT Licenses&Taxes Prairie Village Liquor Store 124172 83 BEAT YESTERDAY Operating Supplies Prairie View Liquor Store 124173 243 BELTRAMI COUNTY SHERIFFS DEPA Deposits Escrow 124174 136 BOLD,PAULINE Instructor Service Outdoor Center 124175 100 BRAGG,ANNALISA Instructor Service Outdoor Center 124176 73 BUTZOW,SUZANNE Outside Water Sales Water Enterprise Fund 124177 612 CEDARHURST INC Special Event Fees Senior Center Program 124178 34,246 CHERNE CONTRACTING CORPORATION AR Utility Water Enterprise Fund 124179 120 EDEN PRAIRIE CHAMBER OF COMMER Miscellaneous In Service Training 124180 70 EDINA FIRE DEPARTMENT Tuition Reimbursement/School Fire 124181 28 FEIST,AMY Program Fee Preschool Events 124182 44 HOOGENAKKER,KATHLEEN Mileage&Parking Finance 124183 5 HOUSE,JUDY Program Fee Outdoor Center 124184 8 JOHNSON,WAYNE Program Fee Outdoor Center 124185 20 MINNESOTA PRIMA Dues&Subscriptions Risk Management 124186 235 MN GIS/LIS Conference Expense Water Utility-General 124187 294 MULLANEY,SCHREIBER Deposits Escrow 124188 265 NCPERS GROUP LIFE INSURANCE Life Insurance EE/ER General Fund 124189 5 PEROUTKA,BRENDA Program Fee Outdoor Center 124190 100 PROP Deposits Escrow 124191 59 QUICKSILVER EXPRESS COURIER Postage General 124192 15 RICHFIELD,CITY OF Autos Capital Impr./Maint.Fund 124193 132 SCHMIDT,BENJAMIN Instructor Service Tennis 124194 3,282 SOUTHWEST SUBURBAN CABLE COMMI Dues&Subscriptions City Council 124195 85 TARGET CENTER Special Event Fees Preschool Events 124196 50 UNITED WAY Deposits Escrow 124197 120 WALMART COMMUNITY Operating Supplies Police 124198 121 WERTS,SANDY Mileage&Parking Special Events Administration 124199 1,606 ACME WINDOW CLEANING INC. Building Repair&Maint Heritage Preservation 124200 107 ALL METRO SUPPLIES Landscape Materials/Supp Park Maintenance 124201 1,334 APRES Other Rentals Sunbonnet Days 124202 18 AQUA ENGINEERING INC Repair&Maint Supplies Park Maintenance 124203 176 BAUER BUILT T02E AND BATTERY Equipment Repair&Maint Fleet Services 124204 351 BRO-TEX INC Equipment Parts Fleet Services 124205 1,661 CEMSTONE Repair&Maint Supplies Storm Drainage 124206 2,377 CENTURY/NCD,LLC Operating Supplies Inspections-Administration 124207 80 CITI-CARGO&STORAGE CO,INC Operating Supplies Summer Theatre 124208 97 CLAREYS INC Operating Supplies General 124209 136 CONCRETE CUTTING&CORING INC Equipment Parts Fleet Services . 124210 29 CONSTRUCTION MATERIALS INC Operating Supplies Street Maintenance 124211 1,705 CUTLER-MAGNER COMPANY Chemicals Water Treatment Plant 124212 30 DEM CON LANDFILL LLC Waste Disposal Street Maintenance 124213 23 DYNA SYSTEMS uSmall Tools Water System Maintenance I Check;lr Amount Vendor/Explanation Account Description Business Unit 124214 179 EDEN PRAIRIE ROTARY CLUB Dues&Subscriptions City Council 124215 21,344 EF JOHNSON Capital Under 52,000 Water Utility-General 1242I6 51 ESCHELON TELECOM INC Equipment Repair&Maint Telephone 124217 63 FEDERAL SIGNAL CORPORATION Equipment Repair&Maint Fleet Services 124218 80 FIRE INSTRUCTORS ASSN OF MN Tuition Reimbursement/School Fire 124219 474 G&K SERVICES-MPLS INDUSTRIAL Cleaning Supplies Water Treatment Plant 124220 215 GRAINGER Small Tools Traffic Signals 124221 336 GREATAMERICA LEASING CORP. Other Rentals General 124222 315 GUNNAR ELECTRIC CO INC Other Contracted Services Park Maintenance 124223 2,820 HAWKINS WATER TREATMENT GROUP Chemicals Water Treatment Plant 124224 97 HENNEPIN TECHNICAL COLLEGE Tuition Reimbursement/School Fire 124225 254 HYDROLOGIC Repair&Maint.Supplies Park Maintenance 124226 84 ICI DULUX PAINT CTRS Operating Supplies Park Maintenance 124227 247 IND SCHOOL DIST 272 Transportation Teen Programs 124228 4,651 INSIGHT PUBLIC SECTOR Computers Capital Impr./Maint.Fund 124229 46 J H LARSON ELECTRICAL COMPANY Operating Supplies Traffic Signals 124230 210 JOHNSON,KAMARA Other Contracted Services Park Facilities 124231 45 KRAEMERS HARDWARE INC Operating Supplies Water Treatment Plant 124232 38 LAB SAFETY SUPPLY INC Operating Supplies Water Treatment Plant 124233 1,395 LAKE COUNTRY DOOR Building Repair&Maint. Water Treatment Plant 124234 7 LANO EQUIPMENT INC Equipment Parts Fleet Services 124235 21,211 LEAGUE OF MINNESOTA CITIES Dues&Subscriptions City Council 124236 508 MCNEILUS STEEL INC Equipment Parts Fleet Services 124237 46 MENARDS Building Materials Park Maintenance 124238 63 METROPOLITAN FORD Equipment Parts Fleet Services 124239 1,846 MIDWEST ASPHALT CORPORATION Protective Clothing Fire 124240 98 MINNESOTA ROADWAYS CO Patching Asphalt Street Maintenance 124241 95 MINNESOTA TROPHIES&GIFTS Operating Supplies Fire 124242 46 MIRACLE RECREATION EQUIPMENT C Repair&Maint.Supplies Riley Lake 124243 210 MN GIS/LIS Conference Expense Information Technology 124244 9 MTI DISTRIBUTING INC Equipment Parts Fleet Services 124245 285 MUNICIPAL EMERGENCY SERVICES Protective Clothing Fire 124246 1,310 NATIONAL WATERWORKS Other Contracted Services Utility Improvement Fund 124247 73 NORTHWEST RESPIRATORY SERVICE Safety Supplies Fire 124248 303 OSI BATTERIES INC Equipment Parts Fleet Services 124249 41,229 PARROTT CONTRACTING INC Other Contracted Services Water System Maintenance 124250 102 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Services 124251 5,307 RMR SERVICES INC Merchandise for Resale Water Meter Reading 124252 168 SCHMIDT,KURT Other Contracted Services Softball 124253 24 SHERWIN WILLIAMS CO Building Repair&Maint. Park Maintenance 124254 4,321 SOFTWARE HOUSE INTERNATIONAL I Miscellaneous Information Technology 124255 84 SPS COMPANIES Repair&Maint.Supplies Water System Maintenance 124256 273 STILLWATER EQUIPMENT CO Computers Capital Impr./Maint.Fund 124257 80 STREICHERS Clothing&Uniforms Police 124258 76 TAB PRODUCTS CO Office Supplies Inspections-Administration 124259 156 TESSMAN SEED CO Landscape Materials/Supp Park Maintenance 124260 437 TKDA Other Contracted Services Water System Maintenance 124261 222 UNIFORMS UNLIMITED Clothing&Uniforms Fire 124262 138 UNLIMITED SUPPLIES INC Equipment Parts Fleet Seivices 124263 55 WOLF CAMERA Video&Photo Supplies Assessing 124264 92 X-ERGON Repair&Maint.Supplies Water Treatment Plant 1,923,455 Grand Total 95 CITY COUNCIL AGENDA DATE: SECTION: Ordinances and Resolutions October 7,2003 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Fire Department/Fire Prevention Adoption of latest edition of the Minnesota George Esbensen Uniform Fire Code . , A Requested Action Move to: Approve 1st Reading of an Ordinance amending City Code Section 9.05 adopting the Minnesota Uniform Fire Code Synopsis Adopt the most recent edition of the Minnesota Uniform Fire Code as amended in parts 7510.3510 to 7510.3710,Minnesota Rules 2003. Amend the City Code to provide the rules needed to provide an acceptable level of fire protection in the city. • Background Information ri N. Section 9.05 • This brings the city up to date with the most current fire codes as adopted by the State. Attachments • Ordinance • 96 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,NIINNESOTA ORDINANCE NO. -2003 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 9 BY AMENDING SECTION 9.05 RELATING TO THE INTERNATIONAL FIRE CODE AND OTHER FIRE REGULATIONS; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 9.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA ORDAINS: Section 1. The title of Section 9.05,is amended to read as follows: INTERNATIONAL FIRE CODE AND OTHER FIRE REGULATIONS. Section 2. All references in City Code Section 9.05 to "MUFC" are deleted and replaced with"MSFC." Section 3. City Code Section 9.05, subd. 1, is deleted in its entirety and replaced with the following: Adoption. There is hereby adopted by the City for the purpose of prescribing regulations governing conditions hazardous to life and property from fire and explosion that certain code known as the International Fire Code 2000 as promulgated by the International Code Council, Inc. in the form and content as adopted and amended in parts 7510.3510 to 7510.3710, Minnesota Rules, 2003, and amendments thereto adopted through March 31, 2003, known as the 2003 Minnesota State Fire Code together with appendices A, B, C, D, E, F, G, H and I of the International Fire Code, hereinafter referred to as "MSFC" and the whole thereof, save and except such portions as are hereinafter deleted, modified or amended by Subd. 6 of this Section of which one (1) copy is on file in the office of the City Clerk-Treasurer; and the same is hereby adopted and incorporated as fully as is set out at length herein, and from the date on which this Section shall take effect,the provisions thereof shall be controlling. Section 4. City Code Section 9.05, subd. 2 is deleted in its entirety and replaced with the following: A. The MSFC and any State statutes pertaining to fire and life safety shall be enforced by the Fire Prevention Bureau in the Fire Department, which is hereby established and which shall be operated under the supervision of the Fire Chief and the Fire Marshal. B. The Fire Chief may, but is not limited to, appoint such members of the Fire Department as inspectors as shall from time to time be necessary. Section 5. City Code Section 9.05, subd. 3, is deleted in its entirety and replaced with the following: Definitions. Whenever the word "jurisdiction" is used in the MSFC, it shall • mean the City of Eden Prairie. Section 6. City Code Section 9.05, subd. 4, subpart A, is deleted in its entirety and replaced with the following: A. The limits referred to in Section 3404.2.9.5.1 of the MSFC in which storage of flammable or combustible liquids in outside above ground tanks is prohibited are hereby established as within all residential zoning districts of the City. Above ground tanks in all other districts shall meet the standards of UL 2085 and MSFC Section 3404.2.9.6 for an insulated and protected tank. Section 7. City Code Section 9.05, subd. 5, is repealed. Section 8. City Code Section 9.05, subd 6, is deleted in its entirety and replaced with the following: Amendments to the MSFC. The MSFC is amended as follows: A. Amendment to Chapter 5, Section 503 - FIRE APPARATUS ACCESS ROADS. 1. 503.3 Marking shall read as follows: 503.3 Marking Fire Lanes. The marking of fire lanes on private and public property shall be designated by the Fire Prevention Bureau and the City Code, Chapter 8, section 8.07, Subd. 3. B. Amendments to Chapter 9 -FIRE PROTECTION SYSTEMS. 1. An exception is added to 904.2.1 Hood System Suppression that reads as follows: EXCEPTION: The requirement for protection does not include steam kettles and steam tables or equipment which as used do not create grease-laden vapors. The requirement shall not apply to Group R3 occupancies and individual units within Group Rl occupancies. C. Amendment to Chapter 10-MEANS OF EGRESS. 1. 1001.2 Minimum requirements shall have the following paragraph added: No exit or part thereof shall be altered in any way unless in conformance with Chapter 10 of the City Code. D. Amendment to Chapter 24-TENTS AND OTHER MEMBRANE STRUCTURES. 1. SECTION 2416 STANDBY PERSONNEL shall have a paragraph added to read as follows: Standby personnel shall be firefighters unless otherwise approved by the Fire Chief or Fire Marshal. E. Amendment to Appendix H- FIRES OR BARBEQUES ON BALCONIES OR PATIOS. 1. SECTION 1- OPEN FLAME AND FUEL STORAGE PROHIBITED shall read as follows: 1.1 Open Flame Prohibited. In any structure containing three or more dwelling units, with at least two vertically stacked, no person shall kindle, maintain, or cause any fire or open flame on any balcony above ground level, or on any ground floor patio within 15 feet of the structure. 1.2 Fuel Storage is Prohibited. No person shall store or use any fuel, barbeque, torch, or other similar heating or lighting chemical or device in the locations designated in Section 1.1. Exception. Listed electric or gas-fired barbeque grills that are permanently mounted and wired or plumbed to the building's gas supply or electrical and that maintain a minimum clearance of 18 inches on all sides, unless listed for lesser clearances, may be installed on balconies and patios when approved by the Fire Chief. 99 Section 9. City Code Section 9.05, subd. 9,is amended as follows: The words"the City"in the first sentence shall be deleted. Section 10. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code, Including Penalty for Violation" and Section 9.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirely by reference as though repeated verbatim herein. Section 11. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the day of , 2003, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of , 2003. Kathleen Porta, City Clerk Nancy Tyra-Lukens,Mayor PUBLISHED in the Eden Prairie Sun Current on the day of , 2003. I /oO CITY COUNCIL AGENDA DATE: SECTION: Ordinances and Resolutions October 7,2003 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Fire Department/Inspections Adoption of latest edition of the Minnesota George Esbensen State Building Code E . Requested Action Move to: Approve 1st Reading of an Ordinance Amending City Code Section 10.01 adopting the Minnesota State Building Code Synopsis Adopt the most recent edition of the Minnesota State Building Code as amended in Minnesota Statutes 16B.59 to 16B.75 and 2003 Minnesota Rules 1300 to 1370. Amend the City Code to provide the rules needed to provide an acceptable level of construction standards for buildings in the city. Background Information This brings the city up to date with the most current building codes as adopted by the state. Attachments Ordinance /01 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. -2003 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 10 BY AMENDING SECTION 10.01 RELATING TO THE MINNESOTA STATE BUILDING CODE AND OTHER BUILDING REGULATIONS; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 10.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA ORDAINS: Section 1. City Code Section 10.01, is deleted in its entirety and replaced with the following: Subd. 1. Codes Adopted by Reference. The Minnesota State Building Code ("the Code"), as adopted by the Commissioner of Administration pursuant to Minnesota Statutes Sections 16B.59 to 16B.75, including all of the amendments, rules and regulations established, adopted and published from time to time by the Minnesota Commissioner of Administration, through the Buildings Codes and Standards Division is hereby adopted by reference with the exception of the optional chapters, unless specifically adopted in this Ordinance. The Code is hereby incorporated in this Ordinance as if fully set forth herein. This Ordinance shall perpetually include the most current edition of the Code. One copy of the Code shall be kept in the office of the City Clerk. Subd.2. Application,Administration and Enforcement. Application, administration and enforcement shall be in accordance with the Code. The Code shall be enforced with the extra territorial limits permitted by Minnesota Statues Section 16B.62 subd. 1,when so established by this Ordinance. The Code enforcement agency is the City of Eden Prairie Inspections Department. The Code shall be enforced by the Minnesota Certified Building Official designated by the City to administer the Code as set forth in Minnesota Statutes Section 16B.65, subd. 1. Subd. 3. Permits and Fees. The issuance of permits and the collection of fees shall be conducted as authorized in Minnesota Statutes Section 16B.62, subd. 1. Permit fees shall be assessed for work governed by the Code in accordance with the fee schedule adopted annually by the City's Fee Resolution. In addition, a surcharge fee shall be collected on all permits issued for work governed by the Code in accordance with Minnesota Statutes Section 16B.70. Jaa Subd. 4. Building Code Optional Chapters. The Code, established pursuant to Minnesota Statutes Sections 16B.59 to 16B.75 allows the City to adopt by reference and enforce certain optional chapters of the most current edition of the Code. The following optional provisions identified in the most current version of the Code are hereby adopted and incorporated as part of the building code for this City. 1. Chapter 1306, Special Fire Protection Systems with Subpart 2 and optional provision(E) 1. Section 2. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code, Including Penalty for Violation" and Section 10.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim herein. Section 3. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the day of , 2003, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of 2003. Kathleen Porta, City Clerk Nancy Tyra-Lukens,Mayor PUBLISHED in the Eden Prairie Sun Current on the day of 2003. /D3 CITY COUNCIL AGENDA DATE: October 7,2003 SECTION: Petitions,Requests and Communications DEPARTMENT: ITEM DESCRIPTION: ITEM NO.: Engineering Grading/Land Alteration Permit for Lot 1, Alan D. Gray Block 1,Bryant Lake Heights - Requested Action Move to: Adopt resolution approving a grading/land alteration permit for Lot 1, Block 1, Bryant Lake Heights. Synopsis James and Raynell Perkins, owners, have applied for a grading/land alteration permit to construct a driveway that is part of the 1998 approved plan and developer agreement. Lot 1, Block 1, Bryant Lakes Heights is located in a shoreland area. A permit for grading/land alteration, issued by the City Council, is required prior to grading. The Community Planning Board has reviewed the environmental impacts of the grading/land alteration permit and recommended approval. All down slope areas from the graded area will be protected with silt fence. Bryant Lake will be further protected by the maintenance of 100 feet or more of undisturbed turf within the Lot during the grading project for the driveway. The driveway surface will be restored with bituminous. The adjacent areas will be restored utilizing topsoil, seed and mulch. Background Information The area to be graded is approximately .35 acres and is outside the shore impact zone. The shore impact zone is one half of the building setback. or 50 feet. The grading, at its closest point, is approximately 100 feet from the OHW of Bryant Lake. A retaining wall will limit the graded area. The scope of grading on Lot 1 is consistent with the development agreement. The development agreement includes a plan for 226 caliper inches of tree replacement for the entire subdivision. Since the grading limits for the proposed driveway are consistent with the development agreement,no additional trees are required. The proposed grading/land alteration is consistent with the development agreement. Adequate erosion control measures are proposed for the protection of water quality. Tree loss is consistent with the approved plan. Staff recommends approval of the grading/land alteration permit in a shoreland area based on plans dated September 4,2003. Attachments Grading Plan and Application 1011 Application #03- CITY OF EDEN PR.AiRIE APPLICATION FOR GRADING/LAND ALTERATION IN A SHORELAND PROJECT NAME: BRYANT LAKE HETGRTS LUP I Pr.00u L 1) APPLICANT PROPERTY OWNER(S) Namen.MES W. & RAYNELLE F. PERKINS Address: 7010 WTT;LOW CREEK RD . Phone: 952-941-4583 City/State: EDEN PRAIRIE, MN 55344 Name: Address: Phone: City/State: L 2) STRUCTURE TYPE: NUMBER OF STRUCTURES: CAA .� ATTACH PLAN SHOWING THE NATURE, LOCATION, DIMENSIONS AND ELEVATIONS OF THE LOT AND EXISTING AND PROPOSED STRUCTURES. 3) PROPOSED START DATE: PROPOSED COMPLETION DATE: . 1S•- � 4) WILL STRUCTURE BE REFLECTORIZED? YES No 5) IS APPLICANT AN ORGANIZATION? YES NO IF, YES,DESCRIBE NATURE OF ORGANIZATION: 6) IS PERMIT SOUGHT FOR AN EVENT? YES IF YES,DESCRIBE NATURE OF THE EVENT: /05 7) OTHER INFORMATION(Submit as attachment to application): a. A topographic map of the land on which the proposed land alternation is to occur having a scale of one inch equals 50 feet and showing ground elevation contours at two-foot intervals. The map shall show: • The land as it exists prior to the proposed land alteration and minimum of 100 feet of land abutting the land. • The proposed ground elevation contours at 2-foot intervals of the land when the land alteration is completed. • A regarding, drainage, and planting plan, if appropriate for the land. • The location and size of building pads. , b. A statement relating to the proposed use of the land including the type of building or structure'situated thereon or contemplated to be built thereon. c. A tree inventory certified by a registered land surveyor, landscape architect or forester depicting: • The size, species, condition and location on the land of all significant trees. On large wooded sites, forest mensuration methods may be used to determine the total diameter inches of trees outside the area of the proposed land alteration. • Significant trees which will be lost due to the proposed land alteration. Significant trees shall be considered lost as a result of: (i) grade change or land alteration, whether temporary or permanent, of greater than one (1) foot measured vertically, affecting 60% (as measured on a horizontal plant) or more of the tree's root zone; (ii) utility construction (i.e., sewer, water, storm sewer, gas, electric, telephone and cable TV) resulting in the cutting of 60% or more of the tree's roots within the root zone; (iii) mechanical injury to the trunk of a significant tree causing loss of more than 40% of the bark; or, (iv) compaction to a depth of 6 inches or more of 60% or more of the surface of the soil within a significant tree's root zone. • The number. type and size of trees required to be replaced pursuant to this Section. • The location ,...if the replacement trees. d. Erosion control plan and restoration plan. 8) CERTIFICATION: I (we) hereby represent the information provided herein to be complete and correct. I (we) assume responsibility for the presence and removal of all structures I (we) place in the public water. N ,,,,,,,,k. ),, ,,loico,„..._ (;), iii,. o •. cant Signature Appl carSignature /66 CITY OF EDEN PRAIRIE GRADING PERMIT SHORELAND AREA PROJECT NAME: Bryant Lake Heights,Lot 1,Block 1 PERMITTEE: James W. and Raynelle F. Perkins This permit is hereby issued by the Eden Prairie City Council on , subject to the plans submitted with the permit application, the City's Erosion Control Policy, City Code Sections 11.50 and 11.55, and permit conditions in attached Exhibit A. This permit is permissive only and does not release the Permittee from any liability or obligation imposed by Minnesota Statute, Federal Law, State Agency Rules or the requirements of other agencies with regulatory authority. CITY OF EDEN PRAIRIE Nancy Tyra-Lukens,Mayor /07 EXHIBIT A SPECIAL CONDITIONS 1) Silt fence shown on the erosion control plan shall be installed prior to beginning of grading operations. 2) All disturbed turf areas shall be covered by mulch at a rate not less than two tons per acre or manufactured erosion control matting by November 15,2003. IO3 '4 ifor--ise-zsa-ea •rrsss taw `aanad ra033 ;. ,•,„�, , �,�, 3Ak G anolo $IV 1 OMS1H013H _7)I b'7 L NVAYB M M JodaAJnS Pool allaiO JQ3 wI. 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PERKINS LAND ALTERATION PERMIT CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2003- A RESOLUTION GRANTING A LAND ALTERATION PERMIT IN A SHORELAND AREA APPROVAL FOR JAMES AND RAYNELLE PERKINS BY JAMES AND RAYNELLE PERKINS WHEREAS, James and Raynelle Perkins, has applied for Land Alteration Permit in a Shoreland Area for the construction of a driveway and retaining walls; and WHEREAS,the City staff reviewed the application for land alteration permit in a shoreland area and determined that the proposed grading/land alteration is consistent with the development agreement, that adequate erosion control measures are proposed for the protection of water quality, and that tree loss is consistent with the approved plan; and WHEREAS, the staff recommends approval of the grading/land alteration permit in a shoreland area based on plans dated September 4, 2003 and the Staff Report dated September 3, 2003; and WHEREAS, the Community Planning Board reviewed said application at its September 8, 2003 meeting and based on the recommendations by City staff, and the Boards own review recommended approval of said application; and WHEREAS, the City Council has reviewed said application at its October 7,2003 meeting. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that land alteration permit in a shoreland area approval be granted to James and Raynelle Perkins, based on plans dated September 4, 2003, between James and Raynelle Perkins, and the City of Eden Prairie. ADOPTED by the City Council of the City of Eden Prairie this 7thh day of October 2003. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen Porta, City Clerk John and Carol Standal 9955 Spring Road Eden Prairie,Mn 55347 PID 28-116-22-32-0004 PID 28-116-22-32-0005 October 6,2003 Mayor Nancy Tyra-Lukens Councilmember Jan Mosman Councilmember Philip Young Councilmember Sherry Butcher City Engineer Alan D. Gray Councilmember Ron Case Re:I.C. 99-5484 Charlson Improvements We are homeowners at the above address. We hereby object to the above assessments for the following reasons: 1. The assessment for Spring Road/Eden Prairie Road does not benefit our property. The improvements are north of our property and serve the new development of Grace Church and Hennepin Village. We agreed to pay$70,000 for these improvements in July,2000, as part of a negotiation with the City staff. The cost of the assessment has increased to $115,000. We will keep our agreement to pay the assessment of$70,000. We are objecting to the increase of$45,000. 2. The Sanitary Sewer Pumping Station has been built in a different location than the location shown in the Charlson Area Improvements Feasibility Study. The new location is at a higher elevation, and farther north. This change in the location of the Pumping Station may require the need for ejector pumps for future development of our property. We are therefore objecting to the assessment of $17,500 for the Pumping Station. 3. The Watermain does not run past our property as shown in the Charlson Area Improvements Feasibility Study. The Watermain stops just after it comes past our northern property line. The new location may make it difficult to loop a watermain on our property, and therefore may cause higher future development costs for our property. We are therefore objecting to the assessment of the $16,200 for the Watermain. We respectfully request that these objections be accepted as part of the record before the City Council on October 7, 2003. cerel 4, L. , .-•mac tanda arol St dal /°;44"C CC Bruce Malkerson Malkerson, Gilliland, Martin LLP CITY COUNCIL AGENDA DATE: SECTION:Report of Director of Parks and Recreation October 7,2003 DEPARTMENT: ITEM NO.: ITEM DESCRIPTION: Robert A.Lambert Director of Parks&Region Flying Cloud Ballfield Expansion—Revised Plan Request Motion: Move to approve the revised plan for the expansion of Flying Cloud Ballfields. Synopsis Earlier this year, the Parks, Recreation and Natural Resources Commission and the City Council approved the concept plan for the expansion of Flying Cloud Ballfields, including relocating the 80-foot baseball field and replacing that field with soccer fields, adding a new 90-foot baseball field, and adding three junior size soccer fields and one regulation size soccer field. This plan was submitted to the Metropolitan Airports Commission staff for their review. The plan was rejected as a portion of the outfield of the baseball field extended into the runway protection zone and was determined to be an inappropriate use. The Metropolitan Airports Commission requested staff to make changes that would completely stay out of the runway protection zone. The revised plan accommodates their request. Background The revised plan does not have any impact on the proposed soccer/football fields, but does reduce the original number proposed parking places for this expansion and requires a much tighter fit between the two baseball fields. The revised plan still provides over 11 times the number of parking places required by the City's Park and Open Spaces standards and City staff have met with representatives from the Baseball Association to review changes to the baseball complex. The revised plan reflects all of the recommendations by the Baseball Association. The president and his designated representatives support the revised plan. Recommendation City staff recommend approval of the revised plan. The plan will be resubmitted to the Metropolitan Airports Commissions for their review and will then be forwarded for review by the Federal Aviation Administration. 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' i n., 0.....1 ,......,‘....,,,,I.-,....;...7.........••:,:t • • • 1: ; • . . ,7,41:7:::.,•4•••;-\\;'clz...•.-.:........".•:.1-•lc -,...,t11,1,.0 • - .• I -• . to I I!1 ,......] i 11 $ li UP-P LI $41 r: ....,...,_, >11 F-E2z Ott Fn 11 C") 5p Z ia 1 11 i 113 CITY COUNCIL AGENDA DATE: SECTION: Report of Director of Parks and Recreation October 7,2003 DEPARTMENT: ITEM NO.: 1T1i M DESCRIPTION: \-y�-�-�- "Robert A. Lambert x t a Director of Parks&Recreation City Survey Request Motion: Move to approve the language in Draft#4 of the City Survey and to proceed with this survey as soon as possible. Synopsis Earlier this year, the City Council approved concept plans for the expansion of the Community Center, construction of an outdoor water park and expansion of Flying Cloud Ballfields. The Council then authorized developing a survey instrument that would provide an indication of what item would be supported in a referendum. MarketLine Research was hired to assist city staff in developing a survey instrument that would provide the City with a strong indication of what park improvements would be supported by residents in a referendum. Background In 2001 the City of Eden Prairie sponsored a citizen's satisfaction survey. The objective of that survey was to learn how citizens perceived their city government to be operating and to ascertain what if any new services or facilities the public had an interest in supporting. The results of that survey showed the public had an interest in and would support improvements to the Community Center and a new outdoor swimming pool. Since that time, the City staff have studied the long term needs of all of the Athletic Associations that provide programs on outdoor athletic fields. As result of that study it was determined that the City will require one additional regulation baseball field and four additional regulation soccer fields in order to accommodate the continued growth in soccer, the sustained interest in football and the new interest in lacrosse. The City also needs to address how to fund creative ways to make more efficient use of the existing facilities, and to address public interest in several proposed park improvements. The attached survey addresses these issues and provides some in-depth questions relating to specific facilities the public would desire in an outdoor pool and Community Center improvements. City Survey October 7,2003 Page 2 Recommendation City staff would recommend proceeding with this survey at this time if the Council wishes to consider a possible referendum in the spring of 2004. Attachment: Parks and Recreation Department Referendum Survey Draft#4 RAL:bju f ►5 .D. a. 3 MEMORANDUM To: Mayor and City Council From: Bob Lambert,Director of Parks and Recreation Date: October 7, 2003 Eden Prairie Subject: Parks Commission Recommendations Regarding City Survey At the October 6 Meeting of the Parks,Recreation and Natural Resources Commission recommended approval of the City Survey draft#4 with the following proposed language changes: Question 10 change Miller Park to Community Park Improvements How strongly do you favor or oppose each of the following improvements to community park facilities? A. Provide artificial turf surface to maximize the use of one or more soccer/football/ lacrosse fields in a community park. B. Provide park shelters with restrooms and concession stands. Questions 11 change Edenvale / Forest Hills / Prairie View Parks to Neighborhood Park Improvements How strongly do you favor or oppose the replacement of warming house facilities at skating rinks in older neighborhood parks? Question 15 Land Acquisition The City is considering the possibility of purchasing additional park and open space land. How strongly do you favor or oppose the? A. Purchase of additional 4.04 acres at Birch Island Woods. B. Purchase of land to complete the trail in the lower Purgatory Creek valley in order to connect to the DNR trail along the Minnesota River. Recommendations Regarding City Survey October 7,2003 Page 2 Question 16 Community Center How strongly do you favor or oppose each of the following improvements to the Community Center? Change Item c.to read as follows:Addition of a multi-purpose room to provide recreation programs for youth of all ages. And add the following: f. A third sheet of indoor ice. Question 18 Outdoor Pool Change the following: d. from diving board to diving well. And add: g. Large multi-use pool. Question 21: Change e. to read as follows: Park improvements, including shelters, restrooms and concession stands in Miller Park and replacement of warming house facilities in neighborhood parks such as Edenvale, Forest Hills, and Prairie View Parks. RAL/bju City of Eden Prairie Parks and Recreation Department Referendum Survey DRAFT#4 Hello,my name is[YOUR NAME]with MarketLine Research. We are conducting a study on behalf of the City of Eden Prairie and would like to include your opinions. We are not selling anything. The information from this research study will be used for planning purposes. All your responses will remain confidential. IF RESPONDENT ASKS THE SURVEY WILL TAKE ABOUT 15 MINUTES DEPENDING ON THEIR RESPONSES Screening QA. Are you 18 years of age or older? ❑ Yes [CONTINUE] ❑ No [ASK TO SPEAK WITH SOMEONE IN HOUSEHOLD 18 OR OLDER IF NO ONE LIVES 1N HOUSEHOLD 18 OR OLDER,THANK AND TERMINATE] QB. Among those 18 or older in your household,are you the one who most recently celebrated a birthday? ❑ Yes [CONTINUE] ❑ No [ASK TO SPEAK TO PERSON 18 OR OLDER WHO CELEBRATED THE LAST BIRTHDAY] QC. Do you or does anyone in your household work for: ❑ A newspaper,radio or TV station,or [TERMINATE] ❑ A marketing research firm,advertising agency,or public relations firm 'TERMINATE] ❑ The city of Eden Prairie [TERMINATE] ❑ NONE OF ABOVE [CONTINUE] QD. All information in this survey will be kept confidential. You may choose to participate,or you may begin the survey and quit at any time. Do you live within the city limits of Eden Prairie? ❑ Yes [CONTINUE] ❑ No [THANK AND TERMINATE] QE. How long have you lived in the City of Eden Prairie? [DO NOT READ] INTERVIEWER,ENTER RESPONSE IN CORRECT RANGE ❑ 3 months or less [THANK AND TERMINATE] ❑ 4 to 11 months [CONTINUE] ❑ 1 to 4 years [CONTINUE] ❑ 5 to 9 years [CONTINUE] ❑ 10 to 14 years [CONTINUE] ❑ 15 to 19 years [CONTINUE] ❑ 20 to 29 years [CONTINUE] ❑ 30 years or more [CONTINUE] H:4SURVEY City of Eden Prairie PR Ref Draft 4.doc Page 1 1/ ; Ql_ Overall,how do you rate the City of Eden Prairie as a place to live? Would you say...? [READ LIST] ❑ Very good 0 Good ❑ Only fair,or ❑ Poor ❑ [DO NOT READ] Don't know ❑ [DO NOT READ] Refused Q2. Overall,how do you rate your neighborhood as a place to Iive? Would you say...? [READ LIST] ❑ Very good ❑ Good Cl Only fair,or ❑ Poor ❑ [DO NOT READ] Don't know ❑ [DO NOT READ] Refused Q3. Over the past three years,do you think Eden Prairie has gotten better,gotten worse,or stayed about the same as a place to live? ❑ Better ❑ Stayed the same ❑ Worse ❑ [DO NOT READ] Don't know ❑ [DO NOT READ] Refused Q4. Have you visited any of Eden Prairie's parks or recreation facilities in the past year? ❑ Yes [SKIP TO Q6.] ❑ No [CONTINUE] ❑ [DO NOT READ] Don't know [SKIP TO Q7.] ❑ [DO NOT READ] Refused [SKIP TO Q7.] Q5. What is the main reason you have not visited any of the City's parks or recreation facilities in the past year? [CLARIFY RESPONSES] H:\SURVEY City of Eden Prairie PR Ref Draft 4.doc Page 2 111— Q6- Which of the City's parks have you visited in the past year? [DO NOT READ] [CHECK ALL THAT APPLY] Community Parks Flying Cloud Ball Fields Round Lake Park Miller Community Park Staring Lake Park Riley Lake Park Neighborhood Parks Birch Island Franlo Prairie View Carmel Hidden Ponds Red Rock Creekwood Homeward Hills Rice Marsh Crestwood Nesbitt Preserve Rustic Hills Edenvale Pheasant Woods Smetana Eden Lake Pioneer Park Willow Forest Hills Prairie East Wyndham Knoll Conservation Areas Richard T Anderson Edenvale Purgatory Creek Recreation Birch Island Woods Lower Purgatory Creek Red Rock James A Brown Mitchell Marsh Riley Creek Cardinal Creek Nine Mile Creek Timber Creek Edenbrook Prairie Bluff Westgate Have not visited a City Park in the past year Refused Q7. Have you visited the City's Community Center in the past year? ❑ Yes ❑ No ❑ [DO NOT READ] Don't know ❑ [DO NOT READ] Refused Q8. Have you used any of the City's Bicycle and Pedestrian Trails in the past year? Cl Yes ❑ No ❑ [DO NOT READ] Don't know ❑ [DO NOT READ] Refused H:ISURVEY City of Eden Prairie PR Ref Draft 4.doc Page 3 1 I g Choosing the Right Scale When choosing the end points of a rating scale,the statement of two alternatives may vary from mild to harsh. The less extreme the choices the more will be the commitments,while the farther apart the alternatives are the fewer will be the commitments. The decision of which type of alternatives to use depends largely on whether or not you want to find all the leaners, in which case a milder type is recommended,or only staunch supporters,in which case a harsher type will often push leaners towards the middle ground. For example: Good idea or Poor idea mild,no commitment Favor or Oppose harsh,suggests action ➢ 10-point scale where"10"means(positive)down to"1"(negative). Respondents can choose any number in between. Provides the"safety"of a middle ground. Allows for distribution of responses. ➢ Or,just provide the two alternatives with no suggestion of a middle ground. This is more likely to push people to one side or the other. NOTE: A study conducted in March 2001 for Eden Prairie's Parks and Leisure Services titled"Eden Prairie Community Survey"used a 5-point scale—Not support to Strongly support H:\SURVEY City of Eden Prairie PR Ref Draft 4.doc Page 4 i !9 Q9. The following series of questions is intended to help City leaders prioritize some key decisions related to The City's Parks and Recreation program. The City of Eden Prairie is considering adding,improving or expanding a number of the Parks and Recreation facilities. With this in mind,please tell me how strongly you"Favor"or"Oppose"each of the following possible items. Use a 10 point scale,where 10 means you Stwiigly Favor down to 1 being you Strongly Oppose. You can choose any number in between. The first facility is[READ FIRST FACILITY]. ROTATE THE ORDER OFEACHSECTION ROTATE THE ORDER OF IMPROVEMENTS WITHIN EACH SECTION Miller Park Q10. How strongly do you Favor or Oppose each of the following improvements to Miller Park? a. provide artificial turf surface to maximize use of the Soccer and football fields at Miller Park b. Park improvements,including park shelters with restrooms and concession stands Edenvale/Forest Hills/Prairie View Parks Ql 1. How strongly do you Favor or Oppose the replacement of warming house facilities at Edenvale,Forest Hills and Prairie View Parks? Flying Cloud Ball Fields Q12. How strongly do you Favor or Oppose the following improvements to Flying Cloud Fields? a. add one additional baseball field and four additional soccer fields plus additional parking. Athletic Facility Improvements Q13 Some youth athletic associations are attempting to raise money to improve existing facilities or add to existing facilities. How strongly do you Favor or Oppose that the city provides matching funds for this purpose? Bicycle/Pedestrian Trails Q14. How strongly do you Favor or Oppose each of the following improvements to the City's Bicycle/Pedestrian Trails? a. expand the trail width around Staring Lake from eight feet to ten feet b. expand the trail width around Round Lake from eight feet to ten feet Land Acquisition Q15. The City is considering the possibility of purchasing land next to some existing parks. How strongly do you Favor or Oppose the...? a. purchase of two additional lots totaling less than 1 acre at Riley Lake Park b. purchase of an additional 4.4 acres at Birch Island Woods c. purchase of land to complete the trail in the Lower Purgatory Creek Valley in order to connect trails to the DNR trail along the Minnesota River Community Center Q16. How strongly do you Favor or Oppose each of the following improvements to the Community Center? a. improvements to the INDOOR pool which would include deepening the pool to meet new indoor safety standards required for high school and competitive team swim meets. b. expansion of the locker rooms c. addition of a Teen Center/Multi Purpose Room d. expansion of the Fitness Center e. addition of a Child Care Facility Q17. -Which one improvement to the City's Community Center do your prefer MOST? Rank 1 -Which one do you prefer LEAST Rank 5 -Of the remaining,which do you prefer most? Rank 2 -Of the remaining,which do you prefer least? Rank 4 -Interviewer: Select the last improvement Rank 3 H:\SURVEY City of Eden Prairie PR Ref Draft 4.doc Page 5 ALWAYS READ THIS SECTION LAST Outdoor Pool Q18. The City of Eden Prairie is considering building an OUTDOOR family aquatic center. The design of this pool could include several different features. I'm going to read a list of features and then ask you which one you MOST prefer. [READ LIST] a. water slides b. a beach entry,that is,it has zero depth entry c. a"Lazy River" d. diving boards e. 6 to 8 lane 50 meter competitive pool f. interactive water playground equipment Q19. -Which one feature do your prefer MOST? Rank 1 -Which one feature do you prefer LEAST Rank 6 -Of the remaining,which one do you prefer most? Rank 2 -Of the remaining,which one do you prefer least? Rank 5 -Of the remaining,which one do you prefer most? Rank 3 -Interviewer: Select the last feature Rank 4 Q20. You have stated your preference,or lack of preference,for several different possible improvements or additions to the City's Parks and Recreation facilities. Please tell me which one you think the City should focus on first? Should the city focus on...? [READ LIST] [ROTATE LIST] a.Development of an outdoor aquatic center b.Improvements to the Community Center c.Acquisition of specific parcels of land for preservation and public trails purposes d.Expansion of Flying Cloud Ball Fields e.Park improvements,including shelters,restrooms and concession stands in Miller Park and replacement of warming house facilities at Edenvale,Forest Hills and Prairie View Parks f.Matching of funds raised by youth associations for improvements to athletic facilities g.None of these -Most important to focus on Rank 1 -In your opinion,which one should have the least priority? Rank 6 -Of the remaining,which should have the most priority? Rank 2 -And,which should have the least priority? Rank 5 -Of the remaining,which should have the most priority? Rank 3 -Interviewer: Select the last item Rank 4 Q21. It is unlikely that the City would be able to afford any of these improvements without an increase in taxes. For each of these improvements,please tell me how much you agree or disagree that property taxes should be increased to make the improvement. Use a 10-point scale where 10 means you Strongly agree down to 1 you Strongly disagree. Again,you can choose any number in between. How much do you agree or disagree that property taxes should be increased to[INSERT IMPROVEMENT]? [ROTATE LIST] a.Develop of an outdoor aquatic center b.Make improvements to the Community Center c.Acquire specific parcels of land for preservation and public trails purposes d.Expand the Flying Cloud Ball Fields e.Park improvements,including shelters,restrooms and concession stands in Miller Park and replacement of warming house facilities at Edenvale,Forest Hills and Prairie View Parks f.matching of funds raised by youth associations for improvements to athletic facilities H:VSURVEY City of Eden Prairie PR Ref Draft 4.doc Page 6 IaI DEMOGRAPHIC/CLASSIFICATION QUESTIONS My last questions are for classification purposes only. We collect this information to make sure we have gathered the opinions from a variety of people. Q22. To ensure that we have received survey responses from all areas of the City,would you please give me your current street address? [THIS DATA WILL NOT BE ATTACHED TO THE DATA MARKETLINE GIVES THE CITY] [RECORD COMPLETE HOUSE NUMBER AND STREET NAME:MAKE SURE TO GET PROPER DIRECTION(N, S,E,W)AND DESCRIPTION—STREET,AVENUE,BOULEVARD,DRIVE, CIRCLE,LANE ETC.] Refused [ASK Q23.] Don't know [ASK Q23.] [IF COMPLETE ADDRESS PROVIDED SKIP TO Q25.] Q23. The names of the nearest two streets that form the intersection nearest your home will be sufficient. Would you please give me the names of these two streets. [RECORD VERBATIM:MAKE SURE TO GET PROPER DIRECTION(N, S,E,W)AND DESCRIPTION—STREET,AVENUE,BOULEVARD,DRIVE,CIRCLE,LANE ETC.THEN SKIP TO Q25.] Refused [ASK Q24.] Don't know [ASK Q24.] [ASK IF Q24.IS"DON'T KNOW'OR"REFUSED"IN Q23.] Q24. Could you please give me the name of your nearest Park or public school? [RECORD VERBATIM] Q25. Do you own or rent your current residence? [DO NOT READ LIST] d Own ❑ Rent ❑ [DO NOT READ] Don't know/Refused Q26. What is your marital status? Are you...? [READ LIST] ❑ Married,or ❑ Single ❑ Divorced/widowed/separated O [DO NOT READ] Don't know/Refused Q27. How many people,including yourself,live in your household? [DO NOT READ LIST] ❑ One O Two ❑ Three O Four ❑ Five or more ❑ [DO NOT READ] Don't know/Refused H:ISURVEY City of Eden Prairie PR Ref Draft 4.doc Page 7 l�a IF ONLY"ONE",SF1 FCTED IN Q26.,SKIP TO Q29. Q28. Do you currently have children under the age of 18 living in the household? ❑ Yes [CONTINUE] ❑ No [SKIP TO Q29.] ❑ [DO NOT READ] Don't know/Refused [SKIP TO Q29.] Q29. Do any of your children currently attend kindergarten through 12th grade? ❑ Yes ❑ No ❑ [DO NOT READ] Don't know/Refused Q30. Are you...? [READ LIST] ❑ employed full time ❑ part time D not work outside of home ❑ a student,or ❑ retired ❑ [DO NOT READ] Don't know/Refused IF"MARRIED"SELECTED IN Q26. ASK Q31. Q31. Is your spouse...? [READ LIST] ❑ employed full time ❑ part time ❑ not work outside of home ❑ a student,or ❑ retired ❑ Don't know/Refused IF"EMPLOYED FULL TIME"OR"PART TIME" SELECTED IN Q30.ASK Q32. Q32. hi what city do you work? [RECORD NAME OF CITY] IF"MARRIED" SELECTED IN Q25. AND"FULL TIME"OR"PART TIME" SELECTED IN Q30.ASK Q32. Q33. In what city does your spouse work? [RECORD NAME OF CITY] Q34. Can you please tell me what your age was on your last birthday? [RECORD AGE] Q35. What was the last grade of school you completed? Was it...? [READ LIST] ❑ Some high school or less ❑ High school graduate ❑ Some college or technical school ❑ Technical school graduate ❑ College graduate,or ❑ Post graduate ❑ [DO NOT READ] Don't know/Refused H:\SURVEY City of Eden Prairie PR Ref Draft 4.doc Page 8 Jai Q36. Can you tell me what your 2002 total household income before taxes was? Please stop me when I get to the right range. [READ LIST] ❑ Less than$25,000 ❑ $25,000-$49,999 ❑ $50,000-$74,000 O $75,000-$99,999 ❑ $100,000 or more ❑ [DO NOT READ] Don't know/Refused Q37. For statistical purposes,only could you please tell me if you are of Latino or Hispanic origin? ❑ Yes 0 No ❑ [DO NOT READ] Don't know/Refused Q38. Now can you tell me which of the following best describes your racial origin? Are you? [READ LIST] ❑ White ❑ Black,African American or African ❑ American Indian or Alaskan Native ❑ Asian,Native Hawaiian or other Pacific Islander,or ❑ Two or more races,or ❑ Some other race ❑ [DO NOT READ] Don't know/Refused Q39. In case my supervisor needs to verify my work could you give me your first name only? [RECORD VERBATIM] Q40. That is all the questions I have. Thank you for your time. The information you have provided will help the City of Eden Prairie to understand the priorities of its residents. [DO NOT READ] Record gender ❑ Female ❑ Male H:\SURVEY City of Eden Prairie PR Ref Draft 4.doc Page 9 i a� CITY COUNCIL AGENDA DATE: SECTION:Report of Director of Parks and Recreation October 7,2003 DEPARTMENT: ITEM NO.: ITEM DESCRII'TION: -ter—,; I(�' 3' Robert A.Lambert Jean Harris Memorial Bridge �� �� Director of Parks&Recreation Requested Action Motion: Move to authorize Barr Engineering to proceed with including the bid for the Jean Harris Memorial Bridge in the pond excavation project at the Purgatory Creek Recreation Area. Synopsis Barr Engineering is prepared to let bids for the excavation of the two cell ponds between the dike and Technology Drive in the Purgatory Creek Recreation Area. This project will include dredging approximately 13 acres of ponding for treating water that enters the Purgatory Creek Recreation Area from the north. The proposed outlet control structure is underneath a proposed bridge on the walkway around the dike. A design for the bridge has been modified to accommodate the public memorial to Jean Harris. The trail component (including a typical pedestrian bridge crossing) of this Watershed District project is typically funded 50% by the Watershed District and 50%by the City. A fund raising committee is attempting to raise funds to cover the difference in cost between the City's share of a typical bridge component and the actual cost of the modified structure. Estimates indicate that a typical bridge would cost approximately $50,000 and the modified bridge could cost as much as$125,000. In order to proceed with the excavation of the pond and the construction of the outlet control structure and the bridge the City Council must authorized that project at this time. Background On January 15, 2002 the City Council approved a task force to develop an appropriate memorial to the memory of Jean Harris. That task force submitted a report in May of 2002 recommending hiring an artist to assist the City in developing an appropriate memorial to the memory of Jean Harris. The Council then approved a contract with Terri Kwant in August of 2002 to assist a citizens committee in developing a design for that purpose. On December 17, 2002 the City Council approved the concept design of a bridge with an estimated cost of approximately $111,590 as a memorial and authorized a citizens committee to raise funds for that purpose. Jean Harris Memorial Bridge October 7,2003 Page 2 A citizens committee has been working diligently since that time on a fund raising effort and will continue to work with a goal of raising the necessary funds prior to the installation of the bridge next spring. If the Council authorizes the project to proceed, the Council is in fact agreeing to pay for the difference between the cost of the bridge and the amount raised by the citizens committee. At this time there is no guarantee that the citizens committee can raise the full amount of the City's share above the original anticipated amount. City staff will request a representative from the fund raising committee to be in attendance at the October 7th meeting to answer questions the Council may have regarding the progress of the fund raising efforts to date. RAL:bju lay CITY'COUNCIL AGENDA DATE: i SECTION:Report of Director of Parks and Recreation October 7,2003 DEPARTMENT: ITEM DESCRIPTION: ITEM NO.: Robert A. Lambert r Request from High School Cross Country Ski XTEC Director of Parks&Recreation Coach Request Motion: Move to approve the installation of a storage building for cross country ski trail grooming equipment within Staring Lake Park. Synopsis Doug Boonstra, High School Cross Country Ski Team Coach has requested authorization to construct a storage building within Staring Lake Park to accommodate cross country ski trail grooming equipment that would be stored there during the winter months. City staff have reviewed the design and materials proposed for use of the facility and recommend approval of this request. Background The High School Cross Country Ski Team coach has assisted the City in developing cross country ski trails in Staring Lake Park and on a portion of the Hennepin Vo-Tech Property on the east side of Staring Lake. The Ski Team have acquired a snowmobile and trail groomer and have been grooming the trails for several years. In the past they have kept this equipment in a building at the Hennepin Vo-Tech School, however, it is not in a convenient location and the team must get approval from the school each year to determine if they have space available for that equipment. Doug Boonstra, the Cross Country Ski Team Coach, has received donations that will allow him to construct a storage building adjacent to the trail in Staring Lake Park if the City will authorize construction of this facility. City staff are recommending the construction of a garage-type facility that would be located on the east end of the future archery range, north of the Cummins-Grill Homestead site. Mr. Boonstra has submitted his application for a building permit. The building would have T1-11 siding, stain similar to the Staring Lake Park shelter with a similar shingle used. The building would be located less than 50 feet from a portion of the cross country ski trail so it would be extremely convenient for grooming purposes. The Cross Country Ski Team will responsible for construction and maintenance of the facility and will continue to commit to grooming the ski trails in Staring Lake Park. 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