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HomeMy WebLinkAboutCity Council - 10/21/2003 AGENDA EDEN PRAIRIE CITY COUNCIL WORKSHOP/FORUM TUESDAY, OCTOBER 21, 2003 CITY CENTER • 5:00- 6:25 PM,HERITAGE ROOM H 6:30—7:00 PM,COUNCIL CHAMBER CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher,Ron Case, and Jan Mosman, and Philip Young CITY STAFF: City Manager Scott Neal, Police Chief Dan Carlson,Fire Chief George Esbensen,Public Works Director Eugene Dietz,Director of Parks and Recreation Bob Lambert, City Attorney Ric Rosow, and Recorder Lorene McWaters Heritage Room II I. CALL MEETING TO ORDER II. APPROVAL OF AGENDA III. EDEN PRAIRIE CENTER SPACE 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 MEMORANDUM To: Mayor and Council Members 0 Through: Scott Neal, City Manager From: Molly Koivumaki Date: October 17,2003 Eden Prairie Subject: Eden Prairie Center Site Background Information In 1999, General Growth Corporation agreed to give the City of Eden Prairie access to approximately 4500 square feet of unfinished space within the Eden Prairie Shopping Center. The agreement stipulated that if after five years the space was still undeveloped and not being used,the City would forfeit its access and the space would be returned back to General Growth. A group of City Staff carefully looked at potential ways the site could be used, taking input from employees and citizens. Though City staff reviewed a variety of ideas to use the space, no formal plan was ever developed. In May, 2003, staff again took up the task of developing the space. Unused Community Development Block Grant(CDBG) funds were identified as a potential funding source. The City of Eden Prairie intends to finish the space, to be used for public service programs, aimed at low/moderate income people and immigrant members of our community. The space will be designed to accommodate classrooms, a private office, a resource area, and a large open space. Seeking to make the most efficient use of the space, moveable walls will separate the classroom area so that they can be opened, creating a larger meeting area. A separate office area will be designed for use by Eden Prairie Police Officers. Located on the bus route and within walking distance from low income housing complexes, this location is an ideal spot for human services agencies to provide the support and programming that is desperately needed in this community. It could potentially serve as a polling place,too. The City of Eden Prairie has built a solid network of public and non-profit human service providers who work to identify and meet the needs of our residents. One of the largest obstacles we face is having a place to provide the services. Simply stated, we have identified the needs, we have effective programs, but we are severely short on space that is accessibly through public transportation. 1 Hennepin County housing officials have stated "this is a classic example of a coordinated (collaborative) service delivery model, similar to what Hennepin County has tried to develop elsewhere in the County." "..these services are aimed at and tailored to the needs of low/moderate income and immigrant households in the community. Given the jobs available at the Eden Prairie Center, and the nearby affordable housing, this is a logical location for such a center." Services to be offered: Service Provider Services Offered Eden Prairie • Recreation and Leisure programs for handicapped and disadvantaged adults &children • Senior Services • Polling Place Eden Prairie Schools • English as a Second Language (ESL) Classes • Adult Education and Enrichment Classes • Health Education HOPE Program • Assistance to low income people (housing, transportation, employment) • Job Readiness Training FamiLink • Resources/referral/case management Hennepin County Services • Financial Assistance Intake • Public Health Resources • Multi-cultural &transition assistance Cornerstone Advocacy • Domestic Violence Advocacy Immigrant Groups • cultural Enrichment Classes • Language Classes • Self sufficiency Training PROP (Social Services Agency) • Client Services/Holiday Programming • Financial Case Management Eden Prairie Police Department II • Host meetings for Tenants I • Workshops on child safety&personal safety • Operational Costs Utility Estimates: HVAC $ 3.57 per square foot Annual Cost: $16,065 Electric $ 2.00 per square foot Annual Cost: $ 9,000 Water $25.00 per month Annual Cost: $ 300 Total: $25,365 2 Fees and Rent No rental fee for the space,however the City will pay$7,500 per year in common area maintenance fees (CAM). Construction Estimates—Preliminary Build-out: $144,000,medium grade office finish Furnishing/Equipment: $100,000 General Growth provides a construction allowance of$25.00 per square foot for tenant improvements,not to exceed the sum of$125,000. (This amount, as with the CDBG funds, is reimbursable to the city upon completion of the construction.) Hours of Operation and Staffing Considerations It is anticipated the site will be open for daytime, evening and week end use. The site will be staffed by City staff and contributed staff from providers who will be using the space. 3 DNI'S.L131IHD V • Sfl 1'1't t • y cos ' ' o 14osauu!W aaipad uap3 aa4ua) aia!ead uap3 0 a� � tiz-rg — vz a)PdS Ap•unWWoD aial•Pad uap3 �.o Ap j0. I I s NI I I^f _ II NMI t x o 8 ' 8 ca_ fY N� kJ a) =t 0 CD m t0 1 /\ mead' 0 • /\ `� 0 H t It E rn ?I t��eN It I I 1 co• O LO E d' 0 II o arc (a E� cw O M NIr • UN•- / \ .0 O O VG ,N o c m O co co 0 NI D. r • / ■ r • r4 itl 0 0 11 1 I j b. II RP1 II 1 1 I l 1 /' ' / C () CD —CT 11 1 m En 0, <> <1 . . I------N\ ,. ' AGENDA HOUSING AND REDEVELOPMENT AUTHORITY TUESDAY, OCTOBER 21,2003 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road HOUSING&REDEVELOPMENT AUTHORITY MEMBERS: Mayor Nancy Tyra- Lukens, Councilmembers Sherry Butcher,Ron Case, Jan Mosman, and Philip Young CITY STAFF: City Manager Scott Neal,Parks &Recreation Director Bob Lambert,Public Works Director Eugene Dietz, City Planner Michael Franzen, City Attorney Ric Rosow and Council Recorder Theresa Brundage I. ROLL CALL/CALL THE MEETING TO ORDER II. APPROVE CITY CENTER LEASE AGREEMENT BETWEEN THE EDEN PRAIRIE HOUSING AND REDEVELOPMENT AUTHORITY AND C.H. ROBINSON COMPANY III. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL TUESDAY, OCTOBER 21,2003 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 II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS V. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY,'OCTOBER 7,2003 (p. 1) B. CITY COUNCIL MEETING HELD TUESDAY, OCTOBER 7,2003 (p. 5) VI. CONSENT CALENDAR A. CLERK'S LICENSE LIST (p. 19) B. EMERSON PROCESS MANAGEMENT ADDITION by Rosemount Inc. 2nd Reading for Planned Unit Development.District Review on 58.89 acres, and Rezoning from Rural to I-5 on 9.2 acres. Location'12001 Technology Drive. (Ordinance for PUD District Review,Zoning District Change) (p. 20) C. APPROVE 2ND READING OF AN-ORDINANCE AMENDING CITY CODE SECTION 9.05 ADOPTING THE MINNESOTA STATE FIRE CODE AND ADOPT RESOLUTION APPROVING SUMMARY ORDINANCE (p.68) D. APPROVE 2"d READING OF AN ORDINANCE AMENDING CITY CODE SECTION 10.01 ADOPTING THE MINNESOTA STATE BUILDING CODE AND ADOPT RESOLUTION APPROVING SUMMARY ORDINANCE (p. 74) E. APPROVE CHANGE ORDER#2 FOR PHASE II SITE IMPROVEMENTS TO PURGATORY CREEK RECREATION AREA FOR AMERICAN LIBERTY CONSTRUCTION(p. 79) CITY COUNCIL AGENDA October 21,2003 Page 2 F. AUTHORIZE APPLICATION FOR 2003-2004 WINTER SEASON USAGE OF LRT TRAIL (p. 81) — VII. PUBLIC HEARINGS/MEETINGS A. COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (RESOLUTION) (p. 84) ' ` B. VACATION OF DRAINAGE AND UTILITY EASEMENTS IN DUPONTS CRESTWOOD ADDITION(RESOLUTION) (p. 88) C. EDENVALE VILLAS by Brenshell Development Corp. Request for Comprehensive Guide Plan Amendment from Low Density Residential to Medium Density Residential on 5.01 acres,Planned Unit Development Concept Review on 5.01 acres,Planned Unit Development District Review with waivers on 5.01 acres, Zoning District Change from Rural to R1-9.5 on 5.01 acres, and Preliminary Plat of 5.01 acres into 15 lots. Location: 6525 Birch Island Road. (Resolution for Comprehensive Guide Plan,Resolution for r Concept Review,Resolution for Preliminary Plat, Ordinance for PUD District Review,Zoning District Change) (p. 92) D. MUNICIPAL CONSENT FOR I-494 IMPROVEMENTS FROM TH5 TO I-394, I.C. 02-5553 (p. 117) k • VIII. PAYMENT OF CLAIMS (p. 118) :.. • IX. ORDINANCES AND RESOLUTIONS A. COSTCO WHOLESALE by,_Costco Wholesale. 2nd Reading for Planned Unit Development District Review with waivers on 18.1 acres,Zoning District Change from I-5 to Commercial Regional Service,on.18.1 acres, and Site Plan Review on 18.1 acres. Location 12005 Technology.Drive.. (Ordinance for PUD District Review, Zoning District Change,Resolution fors Site Plan Review) (p. 125) X. PETITIONS,REQUESTS AND tOMNIUNICATIONS A. REQUESTS FROM FRIENDSOF'BIRCH ISLAND WOODS (p. 132) XI. REPORTS OF ADVISORY BOARDS & COMMISSIONS XII. APPOINTMENTS XIII. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER 1. C.H.Robinson Negotiations.(p. 135) CITY COUNCIL AGENDA October 21,2003 Page 3 C. REPORT OF MANAGEMENT AND BUDGET DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Ponding Requirements within Round Lake Park(,. 136) 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 s. 11 ' ti v A- . UNAPPROVED NIINUTES 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 an Director Eugene Dietz, Director of Parks dike-creation 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 City Manager Scott Neal said a possible expansion to a seven-member Council was raised by Mayor Jean Harris shortly before she passed away in 2001, and was mentioned by some candidates during the last Council election. At the February 18, 2003, Council Workshop, Council deliberated on the issue of a seven-member Council, among other issues. Council asked staff to prioritize the issue into the third and fourth quarters of 2003. Staff started research in the third quarter and scheduled this presentation for the fourth quarter. Assistant to the City Manager Mike Barone prepared a staff report comparing Eden Prairie's Council structure to nearby communities with similar demographics. Neal noted that Barone's original report has been revised to reflect that the City of Plymouth expanded from a five-to seven-member Council in 1993. Neal said the Council is now in a position to decide whether or not a seven-member Council merits being put to a vote. He said if any conclusion can be drawn from Barone's report, it is that Eden Prairie's governmental structure is not unusual. Neal said Eden Prairie fits a pro forma of city governments, although there are variations found among the cities that were researched. Neal said his intention in preparing the report for Council was to provide them with information and not political advice. Mayor Tyra-Lukens opened the floor to questions and comments from Council. Councilmember Young thanked Barone for his work on the report. He said he agrees that the main question facing the Council is whether or not they should put the seven-member council issue to a vote. He said it is more important to determine what the people of Eden Prairie want than what the Council members themselves think of it. Young said he feels this issue has been around long enough that it should be put to a vote. Tyra-Lukens asked City Attorney Rosow for a timeline in the event Council decides to put the question on the ballot. Rosow said Council would have to pass an ordinance calling for a vote at least 60 days in advance of the next regularly scheduled election. Councilmember Butcher asked if the Council is authorized to set an election or if a petition is required. Rosow said the decision to put the seven-member council question on the ballot is solely in the hands of the Council. However, in order to consider changing from a Statutory Plan B city to Home Rule Charter, either the Council can call for a vote or citizens may petition for it. Mosman said that when Eden Prairie was chartered as a City, its leaders chose the Plan B form of governance with a five-member Council. At that time,the City leaders projected that the population would grow to 120,000 and they felt a five-member Council would provide adequate representation. Mosman said she feels Council would need a solid reason to change what was decided at that time and has worked well ever since. She said some of the reasons mentioned for going to,seven members are better representation for the business community and increased diversity. She said Council and staff have made great strides in business relations over the last,year with its association with Habitat for Technology and the ongoing series of"meet-and-greets"with local businesses of various sizes and types. Mosman said the Council has.been and is diverse in relation to income, age, gender,marital status,race and profession. Mosman also said there is no guarantee that having more Council members would result in"better"representation. Tyra-Lukens agreed with Mosman, and said the Eden Prairie School Board has seven members but is not any more diverse than the five-member council. Tyra-Lukens said she was stunned to learn that only one City has chosen to go from five to seven members. She also pointed out that,each,state still has only two senators regardless of the size of population. Tyra-Lukens said she needs to know exactly what it is that needs to be fixed. She said her opinion,is that moving from five to seven members would basically mean"more government,"which is not what most people say they are looking for. Young said the discussion was going where,he had hoped it wouldn't. He said the issue is whether enough people in the community, want to vote on the question of increasing Council size. Butcher said she disagreed, and,that she feels the Council must think about and discuss the pros and cons of moving to seven members. She asked what measures Council can use to determine whether or not there is enough support to put the issue to a vote. She said if the Council doesn't at least look into it, it will become an election issue again. Case said he too needs a better ense largeness of scale before he can decide whether or not to take this to the public for a vote. He said he has heard it raised only by a couple of people and has seen a couple of letters in the newspapers. Case suggested forming a task force,possibly made up of former elected officials,to study the matter. He said he does not sense that it is a"massive grass-roots movement right now." He cautioned that Council needs to be picky about what they put on the. Case said he would be willing to take a Saturday morning for the Council to meet and build some criteria for whether or not the issue needs to be put to a vote. Butcher said she would like to have a discussion about the merits of moving to a seven-member Council, and include someone who has worked with a seven-member Council. Mosman agreed that she has not felt that this is a burning issue. Butcher said she has received a few e-mails from a few individuals. Young said people who have contacted him feel a five-member body is prone to special interest influence. Young said he believes issues would be considered with more deliberation by a seven-member Council. Case said regularly held elections already ensure people have a voice in r'epreseritation. Young stressed that more people have raised the seven-member Council issue with him over the last year than any other issue. He said he has heard from in excess of 30 people. Tyra-Lukens asked Neal about his experience working with governing bodies of various sizes. Neal said he had worked with a three-member utility board,which he considered too small. He said in his experience, an odd number of members ranging 5 to 9 seems to work. He said he feels Young is correct about the process being more deliberative, and thus slow,with a larger number of people. He said if there were a strong grass-roots movement to go to seven members, all,of the Councilmembers would probably have a sense of that. • Butcher asked if survey questionnaire could be conducted to determine the level of support. However, she said she is unsure of whether or not a survey would produce useful data because many people have never given the topic much thought. Tyra-Lukens asked what the other Councilmembers;thought of conducting a survey. Young said he didn't think the Council believed in surveys. Case said a survey could provide an idea of the importance of this issue in relation to other issues. Butcher cautioned that the Council needs to be very careful in determining whether or not there is enough demand to put the issue to a vote. He also thinks a resident satisfaction survey would be good way of finding out whether or not people feel underrepresented. Mosman said she also supports asking the question on a survey. Tyra-Lukens.said she feels recent surveys conducted by the City have raised more questions than they answered. She wondered whether or not Council could really expect to get any sort of definitive answers from a survey. Young asked if a special election could be called for this issue. Rosow said State statutes say a vote on seven-member Council would have to be held during the next regularly scheduled election. Case pointed out that the next regular election is a presidential election, so the question might receive;a lot of random,uninformed votes. Young said those who are uniformed about a topic will typically vote for no change. Young asked for clarification about what the Council plans to do about the possibility of expanding to seven members. Case said he does not feel a seven-member Council can be discussed without also discussing the Home Rule Charter structure. Butcher said she doesn't think hearing from 30 individuals,meritsautomatically putting the question to a vote,but she would like to continue the Council's discussion of the topic. Tyra-Lukens agreed. Tyra-Lukens said she feels it would need to be a change that the Council feels it can support. Case noted that the research shows that it is not common for a Plan B city to go from five to seven members. Young said it is also not common to spend$1.5 million 3 on old houses. Case said it is common to preserve a sense of community, and historic preservation is part of that. Neal said staff will investigate how to best gather information on the level of public support for a vote on a seven-member Council. However,workshop sessions are already booked for the remainder of the year. IV. OTHER TOPICS Council Chamber VI. OPEN FORUM(Scheduled participants, 6:30-7:00 p.m.) No one was scheduled to speak at Open Forum. VII. OPEN PODIUM (Unscheduled participants, 6:50-7:00 p.m.) No one requested to speak at Open Podium. VIII. ADJOURNMENT I UNAPPROVED MINUTES 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 Nelson Curielli I. ROLL CALL/CALL THE MEETING TO ORDER Mayor Tyra-Lukens called the meeting to order at 7:00 p.m. All Councilmembers were present. Councilmember Young left the meeting early. 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. Open Forum is reserved for scheduled participants. If you wish to speak to the Council during Open Forum,please contact Ms. Lorene McWaters in the City Manager's office by calling 952.949.8412 by noon of the meeting date with your name and the subject matter you wish to address. 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 any 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 City Manager Neal said three items were changed--an amended VII.A., an inadvertently omitted resolution for X.A. and the addition of the Parks Commission comments regarding XIII.D.2. Item XIII.D.4. regarding the construction of a storage building was added to the agenda. Neal also added three items under XIII.B.,Report of City Manager. MOTION: Mosman moved, seconded by Case, to approve the agenda as published and amended. Motion carried 5-0. 5 CITY COUNCIL MINUTES October 7,2003 Page 2 V. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY,SEPTEMBER 16,2003 MOTION: Young moved, seconded by Butcher, to approve as published the minutes of the Council Workshop held Tuesday, September 16, 2003. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY, SEPTEMBER 16,2003 Case said Item XIII.A.2., Sentence 1 should be changed to "...discussing a youth center as a program and not a building in the City." Tyra-Lukens said Item XIII.A. 4., Paragraph 2, Sentence 2 should be changed to "She said a security template will be developed for Flying Cloud Airport that could be used by other reliever airports to standardize the approach..." MOTION: Young moved, seconded by Case, to approve as published and amended the minutes of the City Council Meeting held Tuesday, September 16, 2003. Motion carried 5-0. VI. CONSENT CALENDAR A. CLERK'S LICENSE LIST 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 No. 27-2003 for Zoning District Change) C. ADOPT RESOLUTION NO. 2003-141 APPROVING FINAL PLAT OF STONEGATE OF EDEN PRAIRIE 2ND ADDITION D. BRYANT LAKE VIEW SECOND by On the Level Inc. Approve Developer Agreement. Location: South of Crosstown, east side of Beach Road. E. AUTHORIZE STAFF TO BEGIN EMINENT DOMAIN PROCESS WITH PRESERVE ASSOCIATION FOR EASEMENTS ASSOCIATED WITH ANDERSON LAKES PARKWAY TRAIL PROJECT,I.C. 01-5525 F. APPROVE ACCESS AND DRIVEWAY PERMIT AGREEMENT WITH PROPERTY OWNERS ALONG ALPINE TRAIL 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 CITY COUNCIL MINUTES October 7,2003 Page 3 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 I. ADOPT RESOLUTION NO. 2003-142 AMENDING RESOLUTION 2003-131 ESTABLISHING AMOUNTS TO BE ASSESSED FOR 2003 SPECIAL ASSESSMENT ROLLS J. APPROVE CONTRACT AMENDMENT NO. 2, PROFESSIONAL SERVICES AGREEMENT—PURGATORY CREEK RECREATION AREA1 PHASE II MOTION: Butcher moved, seconded by Case, to approve Items A-J on the Consent Calendar. Motion carried 5-0. VII. PUBLIC HEARINGS/MEETINGS A. SPECIAL ASSESSMENT HEARING FOR APPROVAL OF THE 2003 SPECIAL ASSESSMENTS (RESOLUTION NO. 2003-143) Neal said official notice of this public hearing was published in the September 18, 2003,Eden Prairie Sun Current and sent to 126 property owners. Neal said 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 four projects and a list of supplemental assessments for such things as trunk and lateral exclusions and trunk utility assessments. City Engineer Alan Gray reviewed the details of the four projects and the supplemental assessments. He said staff recommends that the$57,068.48 assessment on the Randall Weber parcel on I.C. 98-5474 be deferred until time of development. He noted the George Marshall property on I.C. 98-5474 has a Green Acres tax classification so that assessment will be deferred by Hennepin County. Tyra-Lukens asked if the deferral for the Weber property should be specifically stated as part of the motion. Gray said it should.Public Works Director Dietz added that the motion should also direct staff to add that as part of the resolution and that deferral will be with interest at 6.5%. Gray said some construction remains for I.C. 99-5484, but it is fax enough along that staff can determine the final costs at this time. He said there is a slight amendment to this project. Some project costs were included twice so the amounts have been revised downwards on this project. He said the Standal property is also classified as Green Acres so that property will be deferred by Hennepin County. He said the City has received a letter from John and Carol Standal indicating their intent to appeal the assessments on their property. He said the assessments have been apportioned in accordance with the original feasibility study. 1- CITY COUNCIL MINUTES October 7,2003 Page 4 John Standal, 9955 Spring Road, said they are objecting to changes made to the feasibility study, including an increase in their original assessment of$45,000. He said they do not benefit from the improvements of Spring Road/Eden Prairie Road. Standal said the sanitary sewer pumping station was relocated during the construction and ended up at a higher elevation. They are concerned that the higher elevation may not allow them to develop their property and have sewage be gravity-fed to the pumping station. He noted the water main location was also changed and they don't know if that change will cause increased costs when they develop the property. He said they need to have an engineer discuss the changes with them to see if it will cause problems when they develop the property. Standal noted they have been treated very fairly by the staff. They are asking that the assessment for the Spring Road/Eden Prairie Road be changed back to the original amount of $70,000 and they are objecting to the assessments for the pumping station and the water main until they are able to meet with staff to discuss the impact of those changes. Tyra-Lukens asked if the Council needs to do anything procedurally with the letter from the Standal's. Rosow said the letter has been received and nothing is required procedurally. Gray said there are a number of complex issues regarding the Standal property and staff will need to meet with them to discuss their concerns. He noted that the Standal property was assessed at half the amount of the other properties and that the assessments are higher for everyone on this project. He said staff is confident the assessments reflect the level of benefit to the property. Case asked Gray if the Guide Plan change altered the residential-commercial mix on the Standal property and provided a positive impact on their development potential. Gray said the Guide Plan change was revised to provide a blend of high density residential and commercial/industrial, not low-density as it was originally. He noted that only 12 of the Standal's 28 acres were assessed to apportion the costs of the project and he felt that reasonably addressed any issues. Gray noted I.C. 03-5590 is a petition project for a traffic signal to improve access to Southwest Station. Gray reviewed the supplemental assessments, noting many of these are trunk assessments and some utility assessments for projects done several years ago with exclusions that have now connected to the original projects. He said the interest rates vary because the interest rate is the rate for the original resolution. Dietz noted the motion should include the deferral with interest for the Weber property on I.C. 98-5474. MOTION: Case moved, seconded by Butcher to close the public hearing; and to adopt Resolution No. 2003-143 approving all Special Assessments presented in the CITY COUNCIL MINUTES October 7,2003 Page 5 of 2003, and to direct staff to modify the resolution to reflect the deferral with interest at 6.5% for the Weber property, I.C. 98-5474. Motion carried 5-0. B. 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. (Resolution No. 2003-144 for PUD Concept Review, Ordinance for PUD District Review,Zoning District Amendment,Resolution No. 2003-145 for Preliminary Plat) Neal said official notice of this public hearing was published in the September 25, 2003,Eden Prairie Sun Current and sent to 22 property owners. Neal reviewed the three proposed amendments to the approved plan: • 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. Neal noted the changes to the approved plan are consistent with the intent and purpose of the approved planned unit development. The Community Planning Board voted 7-0 to recommend approval of the project to the City Council at the September 22, 2003 meeting. City Planner Franzen said the changes to the plans as part of this Public Hearing are minor and consistent with the parameters approved by the City Council in 2001. Franzen said the developer would also like to present a future change to the single family product and new elevations and unit types for two and three unit buildings. He said staff is not quite comfortable with the changes in terms of whether it meets the intent of the approved architecture and whether it is the right unit mix. I CITY COUNCIL MINUTES October 7,2003 Page 6 Franzen said there would be a Public Hearing before the Community Planning Board in November for review and advisory recommendation to the City Council on the proposed future change. Dan Herbst,representing Pemtom Land Co.,presented an update of Hennepin Village. He reviewed the site plan and the stages of development of the project.He said they are slightly behind in the absorption rate but are moving ahead with the park dedication and amenities.He said the delays encountered are not due to the City schedule. They are running into some issues with the product type.He said the carriage homes are all sold out and the heritage homes are on target,but the village homes have presented some problems. He said the village homes were planned at 60 in the first phase, and to date they have sold only 12. The feedback they received from consumers caused them to reconfigure the plans to a single-level plan. They would like to introduce a duplex and three-plex plan with a similar streetscape. They would continue with very similar exterior features. Herbst said the second issue facing the development is the absorption of the commercial area.He said he would like to stat a dialogue with staff regarding a change to add additional housing on a portion of the site. Tyra-Lukens said there are other units similar to this with narrower lots like the Laukka-Jarvis homes on Riverview Road,and asked if those are also two story with basements. Herbst said he thought they had some rambler walkout plans down there. He noted this site does not allow them to have walkouts since they are flat lots. Tyra-Lukens asked how many of the two-story units have been built.He said they have three models up and have sold eight of those in the last 18 months. Tyra-Lukens asked if they were still planning to get a good mix of single family with townhomes.Herbst said this is a great product but it just isn't working. Their market studies indicate buyers want more space on the first floor. Butcher said she remembered when we looked at this earlier. She thought the architecture was something that was really important to the Council. She said she looks at these and they don't seem dissimilar to the original plans, except that they are multiples and not single family units. Herbst said they would do all they can to make the units look like the original plans. Herbst said there are a couple of minor changes included in the three requested amendments. They have moved the road location at the entrance to the office site and have made some grade modifications that will minimize the steps in front of the carriage homes. Herbst said the main item is the request of Wooddale Homes for an increase from 46 to 52 homes. The product proposed is narrower and has a little less square Jd CITY COUNCIL RIINUTES October 7,2003 Page 7 footage,which allows them to increase the size of the overlook by 50 feet and have 146 feet between townhomes. Herbst displayed the plan for the overlook area. He said the overlook has unlimited views of the river and will provide parking with handicap access. Jeff Strate, 15021 Summerhill Drive, said he was delighted to hear about some of the proposed changes. He said he has communicated with staff about some of his other concerns about Leatrice Lane. He said some of the issues were discussed in May at a Council forum. He is concerned that the City's use easement along Leatrice Lane is not strong enough. He would like staff to review the easement to allow public use of Leatrice Lane to get to the overlook. He thought the easement should mention that the City retains the right to place signs within the easement area to state that there is a public overlook and conservation easement. He recommended that the easement include a clause that would prohibit the grantor of the easement from putting up signs that would suggest this is a private community. Tyra-Lukens asked Strate if the signage he referred to is language in the agreement that would restrict placement of"This is a private road"signage. Strate replied he was concerned about something like `Eagle Ridge—A Private Community" as that would be misleading to the general public. He said he had given Ric Rosow a copy of easement language that would not require the City to put a sign in,but would give the City the ability to do so if it wished. Butcher asked if Settlers Ridge also has access to a City park area. Strate said those are public streets in Settlers Ridge. Mosman said she was at Settlers Ridge and agrees that it can be misleading. She said it is a public conservation area but it was difficult to find the public access, and it isn't advertised to bring people in. She thought we also need to be sensitive that these are private homes and had to search for a parking place that was not close to a residence. She thought having signage that would lead people to realize this is a public access is important so she would support this request. Strate said he just wants a clause in the easement that gives the City the right to put up a sign. He was not asking that the City put up a sign. He also wants a clause that prohibits signs that imply a private development. For the benefit of the many students in the audience, a resident from Libby Lane, asked for a clarification on the authority of the City Council to address changes and recommendations and what the process is for such changes. City Attorney Rosow said the City Council regulates the use of property through a variety of zoning and platting regulations. He said developers can choose to come before the City Council to obtain concept approval or they can come forward with more elaborate plans and seek approval.He said this item is a request for a change to plans previously approved.Amendments are governed by the same rules and regulations. He said the Council cannot take action until after the Public Hearing II CITY COUNCIL MINUTES October 7,2003 Page 8 has been held.Proposals for all zoning and platting matters are brought to the Planning Commission and then on to the City Council.Public Hearings are held at both bodies with opportunities for public input, and informal neighborhood meetings are scheduled. Tyra-Lukens said changes like this would generally come back to the City Council on the Consent Calendar for final approval within 60 days. MOTION: Case moved, seconded by Butcher to close the Public Hearing; and adopt Resolution No. 2003-144 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 Resolution No. 2003-145 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 that the City Attorney review the easement piece and that staff and the City Attorney work on the sign issues. 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 A. FIRST READING OF AN ORDINANCE AMENDING CITY CODE SECTION 10.01 ADOPTING THE MINNESOTA STATE BUILDING CODE Neal said it is necessary to 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 and to amend the City Code to provide the rules needed to provide an acceptable level of construction standards for buildings in the city.He noted Building Official Schmieg was available to answer questions. Rosow noted they have made a couple of minor language changes to clarify references to the State Statues and rules so the Council will see some slight changes in the final printed form at time of 2nd reading. MOTION:Butcher moved, seconded by Mosman,to approve 1st Reading of an Ordinance Amending City Code Section 10.01 adopting the Minnesota State Building Code. Motion carried 5-0. Councilmember Young left the meeting at 7:55 pm. CITY COUNCIL MINUTES October 7,2003 Page 9 B. FIRST READING OF AN ORDINANCE AMENDING CITY CODE SECTION 9.05 ADOPTING THE NIINNESOTA UNIFORM FIRE CODE Neal said it is necessary to adopt the most recent edition of the Minnesota Uniform Fire Code as amended in parts 7510.3510 to 7510.3710,Minnesota Rules 2003, and to amend the City Code to provide the rules needed to provide an acceptable level of fire protection in the city.He said both the City Fire Chief and the Fire Marshall were available to answer questions. Rosow said they made some changes to clarify and take out language that was redundant. MOTION: Butcher moved, seconded by Mosman,to approve 1st Reading of an Ordinance amending City Code Section 9.05 adopting the Minnesota Uniform Fire Code. Motion carried 4-0. X. PETITIONS,REQUESTS AND COMMUNICATIONS A. ADOPT RESOLUTION NO.2003-146 APPROVING GRADING/LAND ALTERATION PERMIT FOR LOT 2,BLOCK 1,BRYANT LAKE HEIGHTS Neal said James and Raynelle 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. • Franzen said there are a couple of parts to this request. One is the approval of a land alteration permit that came from a suit filed stating that the City did not act properly when they reviewed the Perkins grading plan in 1999.He said the code is written so that the Council issues the permit but the practice has been for the Council to review the grading plan but the staff issues the permit.A judge agreed that the City did not follow correct procedures so we are going back before the City Council to adopt a resolution indicating the City Council is issuing the permit.He said the DNR and the Watershed District have completed reviews of the project and have recommended approval. Franzen said the larger issue is the Council being required to issue permits in a shoreland area.He noted there are 250 potential permits on a yearly basis. On the advice of City Attorney Rosow, staff is in the process of revising the City Code so that the City Council will review the grading plans but staff will issue the permits. He said the changes would be brought to the Community Planning Board in November and then to the Council in December. 13 CITY COUNCIL INUTES October 7,2003 Page 10 Rosow said he received a copy of an order from the District Court this afternoon. He said the property owner had been enjoined from doing any changes,pending the resolution of the suit,but the order he received today extinguishes the prior order so there is no injunction on proceeding.He thought a cleanup of the code is probably an important step to clarify this going forward. Case asked if this means the Council will still have the ability to have an issue brought back before us or will we be automatically cut out of the process. Rosow replied the Council would always have input in the process in terms of granting approvals for a project to go ahead. Case then asked if this item would be brought back to us under the new code change. Rosow said not if what was proposed was consistent with what had been brought forward and approved by the Council in terms of development. Case said he remembered the dual septic system causing a huge discussion at the Council meeting because of the environmental impact.He was concerned about something like that reoccurring and he did not think that issue was part of this at all. Neal said that particular issue is not on the table tonight. Rosow said the Council approved a development that included a shared septic system. If a more detailed plan were brought in that did not include a dual septic system there would not be Council authorization to go forward and staff could not issue a permit. Franzen said Kevin Schmieg has reviewed plans for the dual septic system and found those acceptable. Dietz noted there is a cross-access easement for the septic system that has been here from the beginning. Rosow said the issue before the Council tonight is separate from the septic system. This is the grading for the driveway and nothing being done tonight changes what has already been done. Tyra-Lukens asked if the approval for the land alteration permit has already been given in spirit, but we are trying to clean up the language and are being asked to address this separately. Rosow replied we are taking this action because it is a less costly and easier course than litigation. Case thought it is very important that staff make sure everything has been done correctly with this development because of the problems we have had with the property. Rosow noted we do need to have very good oversight. Neal assured him that has happened. Mosman asked if the litigation and ownership of the property has been settled. Rosow said that is part of a separate lawsuit that the City is not involved in. He thought until that issue is resolved by the court,the City needs to proceed in a manner that recognizes the record owner of the property and takes action based on the application by the record owner. lL/ CITY COUNCIL MINUTES October 7,2003 Page 11 MOTION: Case moved, seconded by Butcher,to adopt Resolution No. 2003-146 approving a grading/land alteration permit for Lot 1,Block 1,Bryant Lake Heights. Motion carried 4-0. XI. REPORTS OF ADVISORY BOARDS &COMMISSIONS XII. APPOINTMENTS XIII. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER 1. Workshop for Presentation of Hwy 212 Expansion Plans Neal said he would like to schedule a Special Council Workshop for 5:30 pm on Tuesday, October 14,2003 to preview some of the issues in the Hwy 212 expansion project. 2. Wiring Changes for City Council Dais Neal said there would be some changes made to the Council dais before the end of the year to add connections for the network. 3. Open House at City Facilities on Saturday,October 11,2003 Neal said there would be a citywide open house from 11:00 to 2:00 pm on Saturday, October 11, 2003 at the City Center,Fire Center and Maintenance building. The theme is"Discover Eden Prairie."Southwest Metro will provide transportation between the facilities. C. REPORT OF MANAGEMENT AND BUDGET DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Flying Cloud Ballfield Expansion—Revised PIan Lambert said the Metropolitan Airports Commission(MAC)reviewed the concept plan for the expansion of Flying Cloud Ballfields and rejected it because a portion of the outfield of the baseball field extended into the runway protection zone and was determined to be an inappropriate use.He said staff has revised the plans to move the field out of the runway protection zone. The changes caused some loss of parking spaces,but there will still be sufficient parking to meet our requirements. Lambert said the revised plan would have to be approved by the FAA after MAC has reviewed the plan again and approved it. 15 CITY COUNCIL MINUTES October 7,2003 Page 12 Tyra-Lukens said she recalled some discussion about Grace Church wanting some of the property. Lambert said they wanted to develop athletic fields for their exclusive use but the City said our needs should be a priority since we serve all residents. He said we talked to them regarding shared costs and usage,but they were not interested. MOTION: Case moved, seconded by Mosman,to approve the revised plan for the expansion of Flying Cloud ball fields. Motion carried 4-0. 2. City Survey Neal said 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 ball fields.The Council then authorized developing a survey instrument that would provide an indication of what items 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 which park improvements residents would support in a referendum. Lambert said there are two representatives from MarketLine Research at the meeting tonight, John S chamber and Dave Bender. Lambert reviewed the memorandum of October 7,2003,that outlined the Parks Commission recommendations regarding the draft City survey. He said staff is recommending we go ahead with the survey this fall so we would have the information by the end of the year. He said staff is also talking to Wellbridge Corporation to see if it makes sense to do a partnership with them on an outdoor pool.He said by the end of the year we should have some indication from Wellbridge and from Lifetime Fitness and would then be in a position to make some decisions. Case said some of the questions struck him as not going after what we really want. For example, Question 14 asks two questions and is not clear as to whether it speaks to the question of usage of bike trails in general or specific trails.He said he would like to know if there is support for bike trails or an outdoor pool. Case thought there was a more general question about • supporting a referendum with money for one item or a referendum with money for another item, and then there is another issue of usage. Lambert said the Parks Commission had the same issues regarding specific support for things or general information.He said we might want to back off to more generalized questions. Case thought we need to find out where people are regarding generalized issues and get a sense of what has voter support.He said it doesn't feel like this would get the information we need. CITY COUNCIL MINUTES October 7,2003 Page 13 Tyra-Lukens thought maybe the purpose of the survey is to find out what things have considerable support because we need to know where to start on the referendum. Regarding Question C, she asked why City staff or employees of the advertising agency are eliminated from answering the survey. John Schamber of MarketResearch said staff might have information that would bias their responses. He said they want to get a good representation of Eden Prairie residents. Tyra-Lukens noted the Park&Recreation Commission suggested adding a large multi-use pool to Question 18. She was concerned that the meaning of "a large multi-use pool"might not be clear, and she thought we should be more specific. Mosman said she thought there had been work done by the Council on a large survey before she came on the Council. She thought there might be some wording we could use from that previous work. She thought the survey should be designed to show interest,not specific items, and we need to keep the survey questions as basic as possible. Case thought it is important to state the purpose of the survey up front, and the purpose is to see if there is enough strength to support a referendum. MOTION: Butcher moved, seconded by Case,to approve the language in Draft#4 of the City Survey, to incorporate the comments from the Park& Recreation Board and the City Council, and to proceed with this survey as soon as possible. Motion carried 4-0. 3. Jean Harris Memorial Bridge Lambert said the dredging project for treating water that enters the Purgatory Creek Recreation Area has reached the point where the City Council needs to make a decision if we are going to build the memorial bridge. Mary Jane and Basil Wissner, 8293 Mitchell Road, co-chairs of fund-raising for the Jean Harris Memorial Bridge, said they have received over$30,000 to date for the memorial. They thanked Mayor Tyra-Lukens for her letter that has stimulated interest in the project. They believe they will reach the goal to have funds available to build the bridge. Case thought they were doing very well towards the$75,000 goal. Mary Jane Wissner said there are a lot of people who have promised their support and who just need a nudge. They also have commitments from businesses. MOTION: Case moved, seconded by Butcher,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. Motion carried 4-0. I CITY COUNCIL.MI UTES October 7,2003 Page 14 4. Request from High School Cross Country Ski Coach Lambert said 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.He said Boonstra has submitted his plans to the Building Inspection Department for a permit and the plans have been approved. The Parks Commission reviewed the request at their October 6, 2003, meeting and recommended approval of it. He said there would be no cost to the City, and it would be constructed with the same materials and be the same color as the Staring Lake Park Shelter. Case asked who would maintain the building. Lambert said the team would maintain it. MOTION: Mosman moved, seconded by Butcher,to approve the installation of a storage building for cross country ski trail grooming equipment within Staring Lake Park. Motion carried 4-0. 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 MOTION: Case moved, seconded by Mosman, to adjourn the meeting. Motion carried 4-0.Mayor Tyra-Lukens adjourned the meeting at 8:45 pm. I � CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar October 21,2003 SERVICE AREA/DIVISION: g 'ses, ;ion E DESCRIPTION: ITEM NO.: Police/C.O.P.Unit ListYE n Christy Weigel ' A These licenses have been approved by the department heads responsible for the licensed activity. Amended Liquor License India Palace New,Inc DBA: India Palace Moved from 8320 Crystal View Road to 936 Prairie Center Drive. • CITY COUNCIL AGENDA DATE: 10/21/03 SECTION: Consent Agenda DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Management and Budget/Planning Scott H.Neal Emerson Process Management Addition TL .E , Michael A. Franzen Requested Action Move to: • Approve 2nd Reading of the Ordinance for PUD District Review, Zoning District Change from Rural to I-5 on 9.2 acre; and • Approve the Development Agreement for the Emerson Process Management Addition. Synopsis This is for the platting of 2 lots on 58.89 acres and a rezoning from Rural to I-5 on 9.2 acres. Attachments 1. Ordinance for PUD District Review, Zoning District Change 2. Development Agreement 0.0 EMERSON PROCESS MANAGEMENT ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 28-2003-PUD-15-2003 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA,ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land")is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Rural Zoning District and be placed in the Planned Unit Development I-5 Zoning District 28- 2003-PUD-15-2003 (hereinafter"PUD-15-2003-I-5"). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of October 21, 2003, entered into between Rosemount, Inc., and the City of Eden Prairie, (hereinafter "Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD-15-2003-I-5, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-15-2003-I-5 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-15-2003-I-5 is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-15-2003-I-5 are justified by the design of the development described therein. D. PUD-15-2003-I-5 is of sufficient size, composition, and arrangement that its construction, marketing, and operation are feasible as a complete unit without dependence upon any subsequent unit. Section 5. The proposal is hereby adopted and the land shall be, and hereby is removed from the Rural Zoning District, and placed in the I-5 Zoning District and shall be included hereafter in the Planned Unit Development PUD-15-2003-I-5 and the legal descriptions a1 of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 15th day of July, 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 21st day of October, 2003. ATTEST: Kathleen A. Porta, City Clerk Nancy Tyra-Lukens,Mayor PUBLISHED in the Eden Prairie Sun Current on . EXHIBIT A PUD Legal Description — Emerson Process Management Addition Legal Description Before Final Plat That part of the following described parcels: The West One-half of the east One-half of the Northwest Quarter of the Northwest Quarter of Section 14,Township 116,Range 22,Hennepin, County,Minnesota. Together with: The East One-half of the East One-half of the Northwest Quarter of the Northwest Quarter of Section 14,Township 116,Range 22,Hennepin County,Minnesota, described as follows: Commencing at the northeast corner of said East One-half of the Northwest Quarter of the Northwest Quarter; thence South 88 degrees 24 minutes 26 seconds West, assumed bearing along the north line of said East One-half of the Northwest Quarter of the Northwest Quarter, a distance of 14.50 feet; thence South 00 degrees 36 minutes 38 seconds East, a distance of 119.39 feet to a line 75 feet south of and parallel to a line described in Document Number 3087392 and to the point of beginning of the land to be described; thence continuing South 00 degrees 36 minutes 38 seconds East, a distance of 1188.49 feet to the south line of said East One-half of the Northwest Quarter of the Northwest Quarter; thence South 88 degrees 25 minutes 46 seconds West, along said south line of the East One-Half of the Northwest Quarter of the Northwest Quarter, distance of 663.31 feet to the west line of said East One-half of the Northwest Quarter of the Northwest Quarter; thence North 00 degrees 26 minutes 46 seconds West, along said west line of the East One-half to the Northwest Quarter of the Northwest Quarter, a distance of 1195.90 feet to said line 75 feet south of and parallel to a line described in Document 3087392; thence North 89 degrees 04 minutes 05 seconds east along said line 75 feet south of and parallel to a line described in Document Number 3087392 a distance of 659.79 feet to the point of beginning. Legal Description After Final Plat Lot 1, Block 1, Emerson Process Management Addition,Hennepin County,Minnesota a3 EMERSON PROCESS MANAGEMENT ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO. 28-2003-PUD-15-2003 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA, ORDAINS: Summary: This ordinance allows rezoning of land located south of Technology Drive,b etween Prairie Center D rive and Hwy 212, from the Rural Zoning D istrict t o the I-5 Zoning District, and amending of land within the I-5 Zoning District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen A. Porta, City Clerk Nancy Tyra-Lukens,Mayor PUBLISHED in the Eden Prairie Sun Current on (A full copy of the text of this Ordinance is available from City Clerk.) DEVELOPMENT AGREEMENT EMERSON PROJECT MANAGEMENT ADDITION THIS DEVELOPMENT AGREEMENT ("Agreement") is entered into as of October 21, 2003, by Rosemount Inc., a Minnesota corporation, hereinafter referred to as "Developer,"its successors and assigns,and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as"City": WITNESSETH: WHEREAS,Developer has applied to City for Planned Unit Development Concept Review on 58.89 acres, Planned Unit Development District Review with waivers on 58.89 acres,Zoning District Change from Rural to I-5 Zoning District on 9.2 acres, and Preliminary Plat of 58.89 acres into 2 lots, legally described on Exhibit A (the "Property"); NOW,THEREFORE,in consideration of the City adopting Resolution No. for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review and Zoning District Change from Rural to I-5 on 9.2 acres, and Resolution No. for Preliminary Plat, Developer agrees to construct, develop and maintain the Property as follows: 1. PLANS: Developer shall develop the Property in conformance with the materials revised and stamp dated , reviewed and approved by the City Council on , (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. as 3. CONSERVATION EASEMENT FOR THE PROTECTION OF EXISTING TREES ON THE PROPERTY: Prior to release of the final plat for the Property,Developer shall submit,in a recordable form, an executed Conservation Easement (Exhibit D) for review and written approval by the Director of Parks and Recreation Services,for the area delineated on the Plans, and the City shall record the Conservation Easement in the Hennepin County Recorder's Office. This Conservation Easement area shall include all land within 100 feet of the Ordinary High Water Elevation of Lake Idlewild. By July 15, 2004, 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 1/2 by 6 inch sign or decal reading "Scenic/Conservation Easement Boundary, City of Eden Prairie", will be affixed to the top of the post. 4. FUTURE DEVELOPMENT: Developer acknowledges that any future development of the Property including guide plan change,planned unit development, subdivision, or site plan review,the owner shall be required to submit detailed development plans, and all other submittals required by the Eden Prairie City Code, and obtain approval of those plans and submittals by the Community Planning Board and City Council. 5. PUD WAIVERS GRANTED: The city hereby grants the following waivers to City Code requirements within the I-5 Zoning District through the Planned Unit Development District Review for the Property and incorporates said waivers as part of PUD A. Decrease a shoreland building setback from 200 feet to 100 feet. B. Increase impervious surface waiver from 35%to 70%. C. Decrease parking setback from 10 to 0 feet. 6. TRAIL CONSTRUCTION; TRAIL EASEMENT: Prior to construction,Developer shall submit to the Director of Parks and Recreation Services and obtain the Director's written approval of detailed plans for an eight-foot wide bituminous trail to be located in the right-of-way along Technology Drive. Developer shall complete the construction of the trail by July 15, 2005 Property. Prior to the release of the final plat Developer shall furnish to the Director of Parks and Recreation and receive the Director of Parks and Recreation's approval of a bond equal to 125%of the cost of said improvements as required by City Code. Prior to the release of the final plat for the Property, Developer shall submit in a recordable form an executed Trail Easement (Exhibit E) for review and approval by the Director of Parks and Recreation, and the City shall record the Trail Easement in the Hennepin County Recorder's Office. 7. ROAD IMPROVEMENTS: Developer and City agree to the following. A. Delivery of Roadway Easement. A Road Easement is attached hereto, in recordable form, as Exhibit F(the"Road Easement"). Subject to the terms of this Agreement,the City and Developer intend the Road Easement to grant an easement in favor of the City for the construction of a public roadway in the area defined on the Plat as"Proposed Roadway Easement," which area shall be the westerly eighty feet(80')of that certain Transmission Easement recorded as Document Number 3531443 in the office of the County Recorder of Hennepin County, Minnesota (the "Road Easement Area"). Prior to the release of the final plat, Developer shall deliver an executed version of the Road Easement to the City Engineer, and the City shall record the Road Easement in the Hennepin County Recorder's Office. B. Triggers to Construction of Road in Road Easement. Notwithstanding the delivery and recordation of the Road Easement, no road may be constructed pursuant to the Road Easement unless one of the following prerequisite events shall have occurred (each such event a "Trigger"): (i) Developer requests and the City approves, with respect to Lot 2, a guide plan change, rezoning, subdivision, or site plan review for a building expansion with a footprint greater than fifty thousand (50,000) square feet(a"Developer Trigger"); or (ii) Prior to any Developer Trigger, the Minnesota Department of Transportation ("MnDOT") or City constructs a modified interchange at the junction of Interstate 494 and Minnesota Highway 212 that results in the permanent closure of Technology Drive at Flying Cloud Drive (a"Government Trigger"). C. Construction: Costs. (i) If a Government Trigger has not first occurred, then upon the occurrence of a Developer Trigger,Developer shall construct and pay for a road to be built in accordance with the Road Easement(the"Road"). Developer may elect to build the Road privately or to petition the City for the Road to be built as a one hundred percent (100%) special assessment. The Road shall be built to a commercial standard not to exceed forty- eight feet (48') wide and will be designed to accommodate the needs of the triggering redevelopment on Lot 2. Following the occurrence of a Developer Trigger, no building permit shall be issued on Lot 2 until Developer has submitted the Road's•design and construction plans to the City for its review and written approval. In such event, and subject to the review and written approval of the City Engineer, Developer shall also provide a one hundred twenty-five percent (125%) surety in favor of the City to cover the costs of the Road. (ii) Upon the occurrence of a Government Trigger,although the Road may be constructed by MnDOT or the City, as the case may be,Developer shall have no obligation whatsoever to construct the Road,nor shall Developer have any responsibility whatsoever for the payment of any costs associated with the construction of the Road or associated improvements. Except for such costs as are typically assessed to property owners generally, MnDOT and the City, whether individually or collectively, shall bear the entire cost of constructing the Road. In addition, if the Road is constructed following the occurrence of a Government Trigger, the City shall also pay Developer the actual costs incurred by the Developer to relocate Developer's visitor parking to the north side of the building on Lot 2. (iii) If the Road is constructed, and irrespective of whether such construction was the result of a Developer.Trigger or a Government Trigger, Developer's obligations under this Section 7 shall be deemed fulfilled and discharged, and following acceptance of the Road by the City, the City shall recognize the Road as a public road regardless of the party responsible for its original construction. D. Location of Road. Notwithstanding the foregoing, and although the Road shall be preliminarily located within the Road Easement Area, the City and Developer hereby agree that upon the occurrence of any one of the foregoing Developer or Government Triggers the City and Developer will promptly consult and consider alternative locations on Lot 2 for the Road Easement Area. Following such consultation and consideration, if the Road Easement Area defined by this Agreement is no longer a mutually agreeable location for the Road Easement an alternative location for the Road Easement shall be mutually selected by the City and Developer based on applicable City requirements and a practical and cost effective design that maximizes development potential and avoids relocating the existing power line and telecommunication equipment. 8. TRAVEL DEMAND MANAGEMENT PLAN: Developer shall implement a Travel Demand Management Plan(TDM)at the site to help reduce traffic congestion within the area. Prior to issuance of a building permit on the Property, the Developer shall provide to the City a Letter of Credit in form and substance as set forth and Exhibit G. The Letter of Credit will be released to the Developer on a"draw-down" basis during the later of the first two years of building occupancy or first two years of TDM Plan implementation, in the following manner: The Developer shall periodically submit to the City receipts of expenses associated with executing the TDM Plan. The City shall have 15 business days to review the receipts. If within this 15 day period the City does not provide the Developer with written notice that it objects to all or any portion of the expenses which the Developer has submitted as TDM implementation expenses then in such event Developer may also exchange for the then existing Letter of Credit, a new or amended Letter of Credit in an amount equal to the previous total, less the total receipts submitted. 9. WETLAND PLAN: Prior to release of the final plat for any portion of the Property, Developer shall submit to the Environmental Coordinator and receive the Environmental Coordinator's approval of a Wetland Plan. The approved Wetland Plan shall be consistent with the materials and requirements shown on the Plans and as required by City Code. The Wetland Plan shall include the following elements. A. Wetland Delineation and Wetland Buffer Strip Vegetation Evaluation: Developer shall submit to the City a Wetland Buffer Strip Evaluation Report("Buffer Report")and Wetland Delineation Report in accordance with the Wetland Plan and City Code requirements prior to release of the final plat for any portion of the Property. If the Buffer Report identifies any unacceptable vegetation or other conditions, the wetland buffer strip shall be graded, treated, reseeded and/or replanted (thereon known as "Landscaping", or "Landscaped") by the Developer within 90 days of submission of the Buffer Report. If Landscaping of the wetland buffer strip is required, the Developer shall submit a signed statement by a qualified wetland consultant, as determined by the City Manager, stating that the wetland buffer strip vegetation complies with all City requirements within 30 days of completion of the Landscaping of the wetland buffer strip. B. Annual Wetland and Wetland Buffer Strip Evaluation: Prior to release of the final plat for any portion of the Property,Developer shall submit a signed contract with a qualified wetland consultant, as determined by the City Manager and/or designee,for preparation of an Annual ag Wetland and Wetland Buffer Strip Evaluation Report (Annual Buffer Report) that evaluates the condition of the wetland(s)and wetland buffer strip(s). The Annual Buffer Report shall provide both an action plan and proposed cost for correction of all problems identified within the wetland(s)and/or wetland buffer strip(s). The first Annual Buffer Report shall be submitted no later than November 1 of the calendar year in which construction of the wetland and/or wetland buffer strip is completed. Thereafter, this report shall be submitted annually until two full growing seasons following completion of the development have passed, at which point a final Annual Report shall be submitted. The final Annual Buffer Report shall be submitted two full growing seasons following completion of the development and shall evaluate the wetland(s) and wetland buffer strip(s) to determine if the wetland(s) and/or wetland buffer strip(s) remain in compliance with all City requirements. If any unacceptable conditions or vegetation are identified within the Annual Buffer Reports or final Annual Buffer Report, the Developer shall correct the area(s) identified within 90 days of submission of the Annual Buffer Report. C. Conservation Easement: Prior to release of the final plat for any portion of the Property, Developer shall submit a Conservation Easement in form and substance at set forth in Exhibit H for review and written approval by the Environmental Coordinator,for the area delineated on the Plans. Prior to release of the first building permit for the Property, Developer shall submit evidence to the Environmental Coordinator that the approved Conservation Easement has been executed by the owners of the Property platted, and the City shall record the Conservation Easement in the Hennepin County Recorder's Office. D. Wetland Buffer Strip Monuments: Prior to release of the final plat for any portion of the Property, Developer shall install all wetland buffer strip monuments for the property. Wetland buffer strip monument locations shall be shown on the Wetland Plan. The post shall be a fiberglass reinforced composite post with a maximum size of 4 inch by 4 inch (4" x 4") that states "Wetland Buffer:No Mowing Allowed". The post shall be mounted to a height of a minimum offour feet above grade set at least 42 inches in the ground. The bottom of the post must be fitted with an anchor attachment that would expand upon attempted removal. Removal of the wetland buffer strip monuments is prohibited. E. Wetland Performance Bond: Developer shall furnish to the Environmental Coordinator and receive the Environmental Coordinator's approval of a Wetland Plan performance bond, cash escrow, or letter of credit with a corporation approved by the City Manager or other guarantee acceptable to the City Manager equal to 150% of the cost, as estimated by the City Manager, of completing said Wetland Plan requirements and/or Landscaping as depicted on the Plans and as required by City Code. Said performance bond, cash escrow, letter of credit or other guarantee shall cover costs associated with the Wetland Plan during development and for two full growing seasons following completion of the development. 10. LIMITED RELEASE UPON TRANSFER OF LOT 1: Upon the transfer of Lot 1 by Developer to a new Owner, Developer and it's successors and assigns shall be released from all obligations and liabilities created by this Agreement to the extent such obligations and liabilities pertain.to Lot 1, and,to the extent applicable, the new Owner shall assume all such obligations and liabilities. IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK,SIGNATURE PAGES FOLLOW] • 30 CITY'S SIGNATURE PAGE FOR DEVELOPMENT AGREEMENT CITY: The City of Eden Prairie, a Minnesota municipal corporation By 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 October 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 3I DEVELOPER'S SIGNATURE PAGE FOR DEVELOPMENT AGREEMENT DEVELOPER: Rosemount Inc., a Minnesota corporation By ///' . ,! ' �4fl c� ffre�'A . Schmitt Its: V 6/mil STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this 15 day of October, 2003,by Jeffrey W. Schmitt, the VP GM , of Rosemount Inc., a Minnesota corporation, on behalf of the corporation. 4n 1c ) ON Don Notary Public • ' dam• ' •I ' MHLANIE ANN'OLSON t _ Notary Public. •" Minnesota My Comm.Expires Jan 31,2007aPgrigrollimplirgreirmimporgeowilb EXHIBIT A - LEGAL DESCRIPTION DEVELOPMENT AGREEMENT —EMERSON-ROSEMEOUNT I. Legal Description Before Final Plat: Parcel 1: The East 687.5 feet (as measured at right angles) of the Northeast 'A of the Northwest '/ of Section 14, Township 116, Range 22, except that part lying Southerly of a line drawn from a point in the East line of said Northwest 'A of the Northwest 'A, distant 76.2 feet North of the Southeast corner thereof, to a point in the South line of the Northwest 'A of the Northwest 'A, distant 700 feet West, as measured along said South line, from the Southeast corner thereof, and also except that part platted as IDLEWILD OFFICE CENTER. Parcel 2: That part of the Northeast '/ of the Northwest 'A of Section 14, Township 116, Range 22, lying West of the East 1,132.5 feet thereof(as measured at right angles), except that part lying within the following: That part of the North 'h of the Northwest 'A of Section 14, Township 116, Range 22, described as follows: Commencing at the point of intersection of the North line of Section 14 and a line parallel with and 812.5 feet West of the East line of said Northwest 'A; thence South along said parallel line 322.1 feet; thence Westerly deflecting to the right 90°02'50" a distance of 212.8 feet to actual point of beginning of the tract of land to be described; . thence continuing Westerly along last described course 144.33 feet; thence at a right angle South 210.3 feet; thence at a right angle West 24 feet; thence at a right angle South 30 feet; thence at a right angle East 168.33 feet; thence at a right angle North 240.3 feet to actual point of beginning. Parcel 3: The East '/2 of the East '/a of the Northwest 'A of the Northwest 'A of Section 14, Township 116, Range 22. Parcel 4: The West 320 feet of the East 1,132.5 feet (as measured at right angles) of the Northeast 'A of the Northwest 'A of Section 14, Township 116, Range 22, except that part lying within the following: That part of the North '/a of the Northwest 'A of Section 14, Township 116, Range 22, described as follows: Commencing at the point of intersection of the North line of Section 14 and a line parallel with and 812.5 feet West of the East line of said Northwest 'A; thence South along said parallel line 322.1 feet; thence Westerly deflecting to the right 90°02'50" a 33 distance of 212.8 feet to actual point of beginning of the tract of land to be described; thence continuing Westerly along last described course 144.33 feet; thence at a right angle south 210.3 feet; thence at a right angle West 24 feet; thence at a right angle South 30 feet; thence at a right angle East 168.33 feet; thence at a right angle North 240.3 feet to actual point of beginning. Subject to highway easement in State Highway No. 5. Parcel 5: A strip of land One Hundred Twenty-five feet (125') in width across the Northeast Quarter (NE 1/) of the Northwest Quarter (NW 1/) of Section Fourteen (14), Township One Hundred Sixteen (116), Range Twenty-two (22) the center line of said land being a line drawn parallel with and distant Seven Hundred fifty feet (750') from the East line thereof, except that part thereof included in the following described tract: Commencing Seventy-six and Two Tenths feet (76.2') North of the Southeast corner of said Northeast Quarter (NE 1/a) of Northwest Quarter (NW 1/4); thence South to the Southeast corner thereof; thence West Seven Hundred feet (W 700'); thence Northeasterly to a point Seventy-six and Two Tenths feet (76.2') North of the Southeast corner of said Northeast Quarter (NE 1/4) of Northwest Quarter (NW 1/4), according to the United States Government Survey thereof. Parcel 6: The West 1/2 of the East 1/2 of the Northwest 1/4 of the Northwest 1/4 of Section 14, Township 116, Range 22 West of the 5th Principal Meridian. Subject to the right of way for West 78th Street. Parcel 7: • That part of the North 1/2 of the Northwest 1/4 of Section 14, Township 116, Range 22, described as follows: Commencing at the point of intersection of the North line of Section 14 and a line parallel with and 812.5 feet West of the East line of said Northwest 1/4; thence South • along said parallel line 322.1 feet; thence Westerly deflecting to the right 90°02'50" a distance of 212.8 feet to actual point of beginning of the tract of land to be described; thence continuing Westerly along last described course 144.33 feet; thence at a right angle South 210.3 feet; thence at a right angle West 24 feet; thence at a right angle South 30 feet; thence at a right angle East 168.33 feet; thence at a right angle North 240.3 feet to actual point of beginning. Hennepin County, Minnesota II. Legal Description After Final Plat: Lot 1 and Lot 2, Emerson Process Management Addition to the City of Eden Prairie, Hennepin County, Minnesota. 341 EXHIBIT B - PLANS DEVELOPMENT AGREEMENT EMERSON-ROSEMOUNT } 1. Preliminary Plat, dated March 20, 2003, as drafted and subsequently amended by Sunde Engineering (the"Plat"), which defines and creates Lot 1 and Lot 2 of the Emerson Process Management Addition ("Lot 1" and "Lot 2", respectively). • • 3S EXHIBIT C DEVELOPMENT AGREEMENT EMERSON-ROSEMOUNT 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,minunuin 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 stonn water flow on all Iots,location of walks,trails, and any property deeded to the City. II. Prior to release of any building permit,Developer shall submit detailed construction and storm sewer plans to the Watershed District for review and approval. Developer shall follow.all rules and recommendations of said Watershed District. III. If Developer fails to proceed in accordance with this Agreement within twenty-four (24) months of the date hereof,Developer,for itself, its successors, and assigns, shall not oppose the City's reconsideration and rescission of any 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. IV. Provisions of this Agreement shall be binding upon and enforceable against owners, their successors, and their assigns of the Property herein described;provided however that,upon the transfer of Lot 1 by Developer to a new Owner,Developer and it's successors and assigns shall be released from all obligations and liabilities created by this Agreement to the extent such obligations and liabilities pertain to Lot 1,and,to the extent applicable,the Owner shall assume all such obligations and liabilities. V. The Developer hereby irrevocably nominates, constitutes, and appoints and designates the City as its attorney-in-fact for the sole purpose and right to amend Exhibit A hereto to identify the legal description of the Property after platting thereof. VI. Developer represents that it has marketable fee title to the Property. 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"), prior to final plat approval Developer shall provide to the City a current title insurance policy insuring title to the Dedicated Property (the "Title Policy"). Developer represents and warrants as follows now and at the time of dedication or conveyance: A. That, with the exception of those matters disclosed by Schedule B of the Title Policy, Developer has marketable fee title free and clear of all mortgages and liens. 7J� B. That Developer has not used, employed, deposited, stored, disposed of placed or otherwise allowed to come in or on the Dedicated Property, any hazardous substance, hazardous waste,pollutant, or contaminant,including,but not limited to,those defined in or pursuant to 42 U.S.C. § 9601, et. seq., or Minn. Stat., Sec. 115B.01, et. seq. (such substances, wastes, pollutants, and contaminants hereafter referred to as "Hazardous Substances"), in violation of applicable law. C. That Developer has not knowingly permitted any other person to use, employ, deposit, store, dispose of, place or otherwise have, in or on the Property, any Hazardous Substances, in violation of applicable law. D. That to Developer's actual knowledge 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 in violation of applicable law. 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. VII. Developer acknowledges that Developer is familiar with the requirements of Chapter 11, Zoning, and Chapter 12, Subdivision Regulations, of the City Code and other applicable City ordinances affecting the development of the Property. Developer agrees to develop the Property in accordance with the requirements of all applicable City Code requirements and City Ordinances. VIII. 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. IX. Prior to release of any building permit, 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. • X. Developer acknowledges that the rights of City performance of obligations of Developer contemplated in this agreement are special, unique, and of an extraordinary character, and that, in the event that Developer violates, or fails, or refuses to perform any covenant, condition, or provision made herein, City may be without an adequate remedy at law. Developer agrees,therefore,that in the event Developer violates,fails, or refuses to perform any covenant, condition, or provision made herein, City may, at its option, institute and prosecute an action to specifically enforce such covenant,withhold building permits or rescind or revoke any approvals granted by the City. No remedy conferred in this agreement is intended to be exclusive and each shall be cumulative and shall be in addition to every other remedy. The election of anyone or more remedies shall not constitute a waiver of any other remedy. XI. 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. MI. Prior to building permit issuance, all fees associated with the building permit shall be paid to the Inspections Department, including;Building permit fee,plan check fee, State surcharge, metro system access charge(SAC),City SAC and City water access charge(WAC). Contact Metropolitan Waste Control to determine the number of SAC units. XIII. Prior to building permit issuance, provide two copies of an approved survey or site plan (1"=200 scale) showing proposed building location and all proposed streets, with approved street names, lot arrangements and property lines. XEV. The City shall not issue any building permit for the construction of any building, structure,or improvement on the Property until all requirements listed in this Exhibit C have been satisfactorily addressed by Developer. XV. No failure of the City to comply with any term,condition,covenant or agreement herein shall subject the City to liability for any claim for damages, costs or other financial or pecuniary charges.No execution on any claim,demand, cause of action or judgment shall be levied upon or collected from the general credit, general fund or taxing powers of the City. XVI. Prior to issuance of the first building permit for the Property, Developer shall permanently demarcate the location of the boundary of the conservation easement on each lot property line or corner with permanent four-foot tall posts. A 2 '/a 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-CONSERVATION/SCENIC EASEMENT DEVELOPER AGREEMENT—EMERSON ROSEMOUNT THIS EASEMENT AGREEMENT is made this day of October 2003, by and between ROSEMOUNT INC.,a Minnesota corporation,hereinafter referred to as"Grantor,"and the CITY OF EDEN PRAIRIE, a Minnesota municipal corporation, hereinafter referred to as "City"; WHEREAS,Grantor is the fee owner of land located in Hennepin County,Minnesota,more fully described in Exhibit A,attached hereto and made a part hereof,and said land hereinafter referred to as "the Property"; and, WHEREAS, Grantor and City wish to enter into an agreement which will grant to City a conservancy/scenic easement for conservation and preservation of the terrain and vegetation, and to . prohibit certain destructive acts thereon, over that portion of the Property as described in Exhibit B, hereinafter referred to as the`Basement Area," attached hereto; WHEREAS, Grantor has marketable title to the Easement Area, free and clear of all mortgages, liens, and encumbrances except: A. That certain Transmission Easement dated as of January 8, 1965, in favor of Northern States Power Company, and recorded as document number 3531443 in the Office of the Recorder for Hennepin County, Minnesota, on March 15, 1965 (the"Transmission Easement"). B. That certain Trail Easement of even date herewith, in favor of the City of Eden Prairie, and recorded as document number in the Office of the Recorder for Hennepin County, Minnesota, on (the"Trail Easement"). NOW,THEREFORE,in consideration of the premises contained herein,it is agreed by the parties as follows: 1. Subject to the Transmission Easement and the Trail Easement, Grantor hereby conveys to City and its successors and assigns a non-exclusive conservation and scenic easement in, under, on, and over the Easement Area and City hereby accepts such conveyance. 2. The following terms and conditions shall apply to the Easement Area: A. The Easement Area shall be preserved predominantly in its natural condition. No trees, shrubs, or other vegetation shall be planted or removed from the Easement Area without the prior written consent of the City. The City will consider removal of noxious weeds, as defined by Minnesota Statutes Sections 18.76-18.88, upon submission and approval of a Vegetation Management Plan_ No vegetation cutting,fertilizer application or placement of turfgrass, such as Kentucky bluegrass, shall occur within the Easement Area. B. No building, road, sign,billboard,utility, or other structure shall be placed in the Easement Area without the prior written consent of City. C. No trash, waste, or other offensive material, soil, or landfill shall be placed upon or within the Easement Area without the prior written consent of the City. D. No change in the general topography of the Easement Area landscape, including,but not limited,to excavation, dredging, movement,and removal or placement of soil, shall be allowed within the Easement Area without the prior written consent of the City. 3. With respect to the Easement Area, Grantor represents and warrants as follows: A. That Grantor has marketable title free and clear of all liens and mortgages. B. That Grantor has not used, employed, deposited, stored, disposed of, placed or otherwise allowed to come in or on the Easement Area, any hazardous substance, hazardous waste, pollutant, or contaminant, including,but not limited to,those defined in or pursuant to 42 U.S.C. § 9601, et. seq., or Minn. Stat., Sec. 115B.01, et. seq. (such substances,wastes,pollutants, and contaminants hereafter referred to as "Hazardous Substances") in violation of applicable law;. C. That Grantor has not knowingly permitted any other person to use, employ, deposit, store, dispose of, place or otherwise have, in or on the Easement Area, any Hazardous Substances in violation of applicable law; • D. That to Developer's actual knowledge no previous owner, operator or possessor of the easement area, deposited, stored,disposed of,placed, or otherwise allowed in or on the Easement Area any Hazardous Substances in violation of applicable law; Grantor agrees to indemnify, defend and hold harmless City, against any and all loss, costs, damage and expense, including reasonable attorney's fees and costs that City incurs because of the breach of any of the above representations or warranties and/or resulting from or due to the inaccuracy or falsity of any representation or warranty herein. 4. Grantor agrees to permanently demarcate the location of the boundary of the LAD conservation easement on each lot property line or corner with permanent four-foot tall posts. A 2 1 by 6 inch sign or decal reading "Scenic/Conservation Easement Boundary, City of Eden Prairie", will be affixed to the top of the post. 5. Grantor agrees to maintain the Easement Area subject to the provisions stated herein. 6. The duration of this easement is perpetual and shall bind and inure to the benefit of the parties, their successors, and assigns. 7. Nothing contained herein shall impair any right of City now held or hereafter acquired to construct or maintain public utilities in or on the Easement Area. 8. The Easement shall at all times be subject and subordinate to the Transmission Easement and Trail Easement. This conservation easement shall be nonexclusive, provided however that it shall be paramount and superior to any easement other than the Transmission Easement and Trail Easement, and any other such easement or use of the Easement Area shall be subject and subordinate to, and shall not interfere with, this conservation easement without the consent, in writing, of Grantee. IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. • 2-1I CITY'S SIGNATURE PAGE FOR CONSERVATION EASEMENT CITY: The City of Eden Prairie, a Minnesota municipal corporation By 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 October 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 DEVELOPER'S SIGNATURE PAGE FOR CONSERVATION EASEMENT DEVELOPER: Rosemount Inc., a Minnesota corporation By Jeffrey W. Schmitt Its: STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of October, 2003,by Jeffrey W. Schmitt, the , of Rosemount Inc., a Minnesota corporation, on behalf of the corporation. Notary Public 413 EXHIBIT A TO CONSERVATION EASEMENT LEGAL DESCRIPTION OF PROPERTY [TO BE INSERTED PRIOR TO EXECUTION] "'t`l EXHIBIT B TO CONSERVATION EASEMENT LEGAL DESCRIPTION OF EASEMENT AREA [TO BE INSERTED PRIOR TO EXECUTION] EXHIBIT E - TRAIL EASEMENT DEVELOPMENT AGREEMENT - EMERSON - ROSEMOUNT Rosemount Inc. ("Grantor") hereby grants and conveys this day of October 2003, to City of Eden Prairie("Grantee") a non-exclusive easement("Easement")for the following uses and purposes and subject to the following terms and conditions on, over, under, and across under real property in the County ofHennepin, State of Minnesota, described in Exhibit A attached and made a part here of("Easement Area"). 1. Uses and Purposes. The Easement shall be for the following purposes and uses of the Easement Area: A. To construct, maintain and replace a trail; B. For pedestrian travel by the public in or on non-motorized vehicles; C. For travel by the public in or on motorized vehicles authorized by Grantee; D. To remove, cut and trim trees, shrubs and vegetation. 2. Nonexclusive. The Easement shall at all times be subject and subordinate to the Transmission Easement, as defined in Section 4 below. The Easement shall be nonexclusive, provided however that Easement shall be paramount and superior to any easement other than the Transmission Easement, and any other such easement . or use of the Easement Area shall be subject and subordinate to, and shall not interfere with, the Easement without the consent, in writing, of Grantee. 3. Duration of Easement. The Easement shall be perpetual, shall run with the land and shall be binding upon Grantor and Grantor's heirs, successors and assigns and shall be for the benefit of Grantee, its successors and assigns. 4. Title. Grantor covenants that Grantor is the record Fee Owner of the Easement Area, holds the legal and equitable title thereto, free and clear of all mortgages, liens, and encumbrances except: That certain Transmission Easement dated as of January 8, 1965, in favor of Northern States Power Company, and recorded as document number 3531443 in the Office of the Record for Hennepin County, Minnesota, on March 15, 1965 (the"Transmission Easement"). Grantor and has lawful right and authority without restriction to grant and convey the Easement. 216 IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK,SIGNATURE PAGES FOLLOW] _. ` 17 CITY'S SIGNATURE PAGE FOR TRAIL EASEMENT CITY: The City of Eden Prairie, a Minnesota municipal corporation By 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 October 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 • S DEVELOPER'S SIGNATURE PAGE FOR TRAIL EASEMENT DEVELOPER: Rosemount Inc., a Minnesota corporation By Jeffrey W. Schmitt Its: STATE OF MINNESOTA ) ) ss. COUNTY OF AFNNEPIN ) The foregoing instrument was acknowledged before me this day of October, 2003,by Jeffrey W. Schmitt, the , of Rosemount Inc., a Minnesota corporation, on behalf of the corporation. Notary Public EXHIBIT A TO TRAIL EASEMENT LEGAL DESCRIPTION OF EASEMENT AREA [TO BE INSERTED PRIOR TO EXECUTION] EDIT F • DECLARATION OF ROAD EASEMENT THIS DECLARATION OF ROAD EASEMENT("Declaration")is made as of October , 2003, by and between ROSEMOUNT INC., a Minnesota corporation ("Rosemount"), and the CITY OF EDEN PRAIRIE, a Minnesota municipal corporation. RECITALS A. Rosemount is the owner of certain tracts of improved land consisting of approximately 58.89 acres located in the City of Eden Prairie, Hennepin County, Minnesota (the "City"), as legally described on Exhibit A attached hereto (the "Property"). B. Pursuant to that certain Development Agreement by and between Rosemount and the City dated as of October , 2003 (the "Development Agreement") the Property has been, or will be, subdivided to create two new parcels legally described as Lot 1 and Lot 2, Emerson Process Management Addition. C. Rosemount desires to create and establish a roadway easement onto, over, and • across a portion of Lot 2 for the benefit of the City, and to establish certain obligations with respect to such easement, all on the terms of this Declaration. NOW, THEREFORE, in consideration of the premises contained herein, it is agreed by the parties as follows: 1. Owner's Liability. The terms "Rosemount", "Owner", and "Owners" as used in this Declaration shall mean the owner or owners of Lot 2 at the time in question, and in the event of any transfer or transfers or conveyances of the title of Lot 2 or any portions thereof, the then grantor shall be automatically freed.and relieved from and after the date of such transfer or conveyance of all personal liability for the performance of any agreements or obligations on the part of the then grantor contained in this Declaration. 2. Road Easement. Rosemount, as Lot 2 Owner, hereby declares, establishes and 5I creates a perpetual non-exclusive easement onto, over, and across Lot 2 for purposes of construction, maintenance, repair and operation of a public roadway ("Road Easement") in the area defined on Exhibit B, which area shall be the westerly eighty feet (80') of that certain Transmission Easement recorded as Document Number 3531443 in the office of the County Recorder of Hennepin County, Minnesota (the "Road Easement Area"). This easement shall be for the benefit the City and shall burden Lot 2. 3. Triggers to Construction of Road in Road Easement. Notwithstanding any other provision of this Declaration to the contrary, no road may be constructed pursuant to the Road Easement unless one of the following prerequisite events shall have first occurred (each such event a "Trigger"): A. Owner requests and the City approves, with respect to Lot 2, a guide plan change, rezoning, subdivision, or site plan review for a building expansion with a footprint greater than fifty thousand (50,000) square feet (a "Owner Trigger"); or B. Prior to any Owner Trigger, the Minnesota Department of Transportation ("MnDOT") or City constructs a modified interchange at the junction of Interstate 494 and Minnesota Highway 212 that results in the permanent closure of Technology Drive at Flying Cloud Drive (a "Government Trigger"). 4. Construction; Costs. Owner and City shall have the following construction, maintenance, and repair obligations with respect to the Road Easement created by this Declaration: A. If a Government Trigger has not first occurred, then upon the occurrence of a Owner Trigger, Owner shall construct and pay for a road to be built in the Road Easement Area (the "Road"). Developer may elect to build the Road privately or to petition the City for the Road to be built as a one hundred percent (100%) special assessment. The Road shall be built to a commercial standard not to exceed forty-eight feet (48') wide and will be designed to accommodate the needs of the triggering redevelopment on Lot 2. B. Upon the occurrence of a Government Trigger, the Road may be constructed by MnDOT or the City, and MnDOT and the City, whether individually or collectively, shall bear the entire cost of constructing the Road. Except for such costs as are typically assessed to property owners generally, Owner shall have no obligation whatsoever to construct the Road, nor shall Owner have any responsibility whatsoever for the payment of any costs associated with the construction of the Road or associated improvements. In addition, if the Road is constructed 5� following the occurrence of a Government Trigger, the City shall also pay Owner the actual costs incurred by the Owner to relocate Owner's visitor parking to the north side of the building on Lot 2. C. If the Road is constructed, and irrespective of whether such construction was the result of a Owner Trigger or a Government Trigger, following acceptance of the Road by the City, Owner shall be deemed to have fulfilled and discharged all of its obligations under this Declaration. 5. Location of Road Easement. Notwithstanding any other provision of this • Declaration to the contrary, and although the Road shall be preliminarily located within the Road Easement as shown on the Plat, the City and Owner hereby agree that upon the occurrence of any one of the foregoing Triggers the City and Owner will promptly consult and consider alternative locations on Lot 2 for the Road Easement. Following such consultation and consideration, if the Road Easement Area defined by this Agreement is no longer a mutually agreeable location for the Road Easement, an alternative location for the Road Easement shall be mutually selected by the City and Owner based on applicable City requirements and a practical and cost effective design that maximizes development potential and avoids relocating the existing power line and telecommunication equipment. If the Road Easement is relocated in accordance with this Section, then City and Owner shall promptly record an instrument in the real estate records of Hennepin County, Minnesota, vacating and releasing the Road Easement Area described by this Declaration and Iegally describing the revised Road Easement Area in which the Road Easement has been relocated. 6. Reservation of Rights. Rosemount, as Owner of Lot 2, hereby reserves the right to use the subsurface and other portions of the Road Easement Area for any purposes which do not unreasonably interfere with the easement rights created by this Declaration; provided, however, the Owner of Lot 2 shall be obligated to promptly repair any damage to the easement areas or facilities caused by any such other use. 7. Easement and Covenants to Run with the Land. The Road Easement and the terms, covenants, benefits and burdens imposed by this Declaration shall be performed and shall run with and benefit and burden Lot 2 and shall be binding upon Rosemount and any subsequent Owners.of Lot 2. 8. Reasonable Construction. This Declaration shall be given a reasonable construction so that the intention of Rosemount and the City is carried out. 9. Applicable Law. This Declaration shall be interpreted, construed and enforced and the rights and obligations of the parties hereto governed in accordance with the laws of the State of Minnesota. 10. Amendments. This Declaration may not be modified or amended without the 53 written approval of the Owner and City or their respective successors or assigns. 11. Waiver and Modification. Neither the failure of any Owner or the City to enforce any obligation or agreement herein contained, nor the waiver of any right hereunder, unless in writing, shall discharge or invalidate such obligation or agreement nor affect the right of any Owner or the City to enforce the same in the event of any subsequent breach of default. 12. Estoppel Certificates. The City shall, upon not less than thirty (30) days notice from Owner, execute and deliver an estoppel certificate stating that this Declaration is in full force and effect and has not been amended, that no default under this Declaration exists, and other matters reasonably requested, and stating any exceptions to such matters. IN WITNESS WHEREOF, the parties to this Declaration have caused these presents to be executed as of the day and year aforesaid. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK, SIGNATURE PAGES FOLLOW] 541 CITY'S SIGNATURE PAGE FOR ROAD EASEMENT CITY: The City of Eden Prairie, a Minnesota municipal corporation By 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 October 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 65 ROSEMOUNT'S SIGNATURE PAGE FOR ROAD EASEMENT ROSEMOUNT INC., a Minnesota corporation By Jeffrey W. Schmitt Its: STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of October, 2003,by Jeffrey W. Schmitt, the , of Rosemount Inc., a Minnesota corporation, on behalf of the corporation. Notary Public 5t EDIT A TO ROAD EASEMENT EXHIBIT B TO ROAD EASEMENT EXIIBIT G TDM LETTER OF CREDIT DEVELOPMENT AGREEMENT- EMERSON - ROSEMOUNT (Bank) , 20 (Date) IRREVOCABLE LETTER.OF CREDIT City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344-2230 Dear Sir or Madam: By order of our client, (Developer), we hereby open our Irrevocable Letter of Credit No. in favor of the City of Eden Prairie (City) for an amount not to exceed the aggregate of$26,000 effective immediately and continuing until such time as City identifies us in writing that this Letter of Credit may be terminated, relative to Development performance under the dated , 2003. Funds under this Letter of Credit are available against City's site draft on us, mentioning thereon our Credit No. . Each such draft must be accompanied by City's signed written statement to the effect that Developer has failed to comply with the terms and conditions of the above-mentioned contract, specifying the paragraph and/or clause in default. If we receive City's site draft and statement as mentioned above, at our office located at , before receipt of a termination notice as specified above, we will promptly honor the same. Sincerely, BANK By Its 59 EXHIBIT H - WETLAND CONSERVATION/SCENIC EASEMENT DEVELOPMENT AGREEMENT—EMERSON-ROSEMOUNT THIS EASEMENT AGREEMENT is made this_day of October 2003 by and between ROSEMOUNT INC., a Minnesota Company,hereinafter referred to as"Grantor," and the CITY OF EDEN PRAIRIE, a Minnesota municipal corporation, hereinafter referred to as "City"; WHEREAS, Grantor is the fee owner of land located in Hennepin County,Minnesota,more fully described in Exhibit A,attached hereto and made a part hereof, and said land hereinafter referred to as "the Property"; and, WHEREAS, Grantor and City wish to enter into an agreement which will grant to the City a conservancy/scenic easement for conservation and preservation of the terrain and vegetation,and to prohibit certain destructive acts thereon, over that portion of the Property as described in Exhibit B, hereinafter referred to as the "Easement Area", attached hereto; WHEREAS, Grantor has marketable title to the Easement Area, free and clear of all mortgages, liens, and encumbrances except: A. That certain Transmission Easement dated as of January 8, 1965, in favor of Northern States Power Company, and recorded as document number 3531443 in the Office of the Recorder for Hennepin County, Minnesota, on March 15, 1965 • (the"Transmission Easement"). B. That certain Trail Easement of even date herewith, in favor of the City of Eden Prairie, and recorded as document number in the Office of the Recorder for Hennepin County, Minnesota, on (the"Trail Easement"). • C. That certain Conservation/Scenic Easement of even date herewith, in favor of the City of Eden Prairie, and recorded as document number in the Office of the Recorder for Hennepin County, Minnesota, on. (the"Conservation/Scenic Easement"). NOW,THEREFORE, in consideration of the premises contained herein,it is agreed by the parties as follows: 1. Subject to the Transmission Easement, Trail Easement, and Conservation/Scenic Easement, Grantor hereby conveys to City and its successors and assigns a non- exclusive conservation and scenic easement in, under, on, and over the "Easement Area", and City hereby accepts such conveyance. 2. The following terms and conditions shall apply to the Easement Area: A The Easement Area shall be preserved predominantly in its natural condition. No trees, shrubs or other vegetation shall be planted or removed from the Easement Area without the prior written consent of the City. The City will consider removal of noxious weeds, as defined by Minnesota Statutes Sections 18.76-18.88, upon submission and approval of a Vegetation Management Plan. No vegetation cutting,fertilizer application or placement of turfgrass, such as Kentucky bluegrass, shall occur within the Easement Area. B. Wetland buffer monuments must be placed at the boundaries of the wetland buffer strip as shown on Exhibit C. Removal of the wetland buffer strip monuments is not allowed. C. No building, road, sign,billboard,utility, or other structures shall be placed in the Easement Area without the prior written consent of City. D. No trash, waste, or other offensive material, soil, or landfill shall be placed upon or within the Easement Area without the prior written consent of the City. E. No change in the general topography of the Easement Area landscape, including,but not limited,to excavation, dredging, movement,and removal or placement of soil, shall be allowed within the Easement Area without the prior written consent of the City. F. Grantor may, no more than once per calendar year, remove sediment caused by stormwater drainage into a stormwater ponding area. Any removal of sediment must be pre-approved in writing by the City and be in accordance with City and Wetland Conservation Act guidelines. Landscaping must be replaced in accordance with the requirements outlined in this Conservation Easement. 3. With respect to the Easement Area, Grantor represents and warrants as follows: A. That Grantor has marketable title free and clear of all liens and mortgages. B. That Grantor has not used, employed, deposited, stored, disposed of, placed or otherwise allowed to come in or on the Easement Area, any hazardous substance, hazardous waste, pollutant, or contaminant, including, but not limited to,those defined in or pursuant to 42 U.S.C. § 9601, et. seq., or Minn. Stat., Sec. 115B.01, et. seq. (such substances, wastes, pollutants, and contaminants hereafter referred to as"Hazardous Substances")in violation of applicable law; CI C. That Grantor has not knowingly permitted any other person to use, employ, deposit, store, dispose of, place or otherwise have, in or on the Easement Area, any Hazardous Substances in violation of applicable law; D. That to Developer's actual knowledge no previous owner, operator or possessor of the easement area, deposited, stored, disposed of, placed, or otherwise allowed in or on the Easement Area any Hazardous Substances in violation of applicable law; Grantor agrees to indemnify, defend and hold harmless City, against any and all loss, costs, damage and expense, including reasonable attorneys fees and costs that City incurs because of the breach of any of the above representations or warranties and/or resulting from or due to the inaccuracy or falsity of any representation or warranty herein. 4. Grantor agrees to maintain the Easement Area subject to the provisions stated herein. 5. The duration of this easement is perpetual and shall bind and inure to the benefit of • the parties, their successors, and assigns. • 6. Nothing contained herein shall impair any right of City now held or hereafter acquired to construct or maintain public utilities in or on the Easement Area. 7. This Easement shall at all times be subject and subordinate to the Transmission Easement, Trail Easement, and Conservation/Scenic Easement. This conservation easement shall be nonexclusive, provided however that the conservation easement shall be paramount and superior to any easement other than the Transmission Easement Trail Easement, and Conservation/Scenic Easement, and any other such • easement or use of the Easement Area shall be subject and subordinate to, and shall not interfere with, this conservation easement without the consent, in writing, of Grantee. IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK, SIGNATURE PAGES FOLLOW] CITY'S SIGNATURE PAGE FOR CONSERVATION EASEMENT CITY: The City of Eden Prairie, a Minnesota municipal corporation • By 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 October 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 63 DEVELOPER'S SIGNATURE PAGE FOR CONSERVATION EASEMENT DEVELOPER: Rosemount Inc., a Minnesota corporation • By Jeffrey W. Schmitt Its: STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of October, 2003,by Jeffrey W. Schmitt, the , of Rosemount Inc., a Minnesota corporation, on behalf of the corporation. Notary Public EXHIBIT A TO CONSERVATION EASEMENT LEGAL DESCRIPTION OF PROPERTY [TO BE INSERTED PRIOR TO EXECUTION] EX H[HIT B TO CONSERVATION EASEMENT LEGAL DESCRIPTION OF EASEMENT AREA [TO BE INSERTED PRIOR TO EXECUTION] EDIT C TO CONSERVATION EASEMENT DEPICTION OF WETLAND BUFFER MONUMENTS [TO BE INSERTED PRIOR TO EXECUTION] CITY COUNCIL AGENDA DATE: SECTION: Consent October 21,2003 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Fire Department/Fire Prevention Adoption of latest edition of the Minnesota George Esbensen State Fire Code C Requested Action Move to: Approve 2nd Reading of an Ordinance amending City Code Section 9.05 adopting the Minnesota State Fire Code and adopt Resolution approving the Summary Ordinance 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 Section 9.05 This brings the city up to date with the most current fire codes as adopted by the State. Attachments Ordinance CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 30-2003 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; 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. 6q 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 applicable to 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 R1 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. -70 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. Appendix H, Section 1.1 is amended in its entirety as follows - 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. 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 7th day of October, 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 ,2003. CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2003- A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO.30-2003 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 30-2003 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie held on the 7th day of October, 2003. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, THAT THE CITY COUNCIL FINDS, DETERMINES, AND ORDERS AS FOLLOWS: A. Ordinance No. 30-2003 is lengthy and/or contains charts. B. The text of the summary of Ordinance No. 30-2003, attached hereto as Exhibit A, conforms to M.S. § 331A.01, Subd. 10, and is approved, and publication of the title and summary of the Ordinance will clearly inform the public of the intent and effect of the Ordinance. C. The title and summary shall be published once in the Eden Prairie Sun Current in a body type no smaller than brevier or eight-point type. D. A printed copy of the Ordinance shall be made available for inspection by any person, during regular office hours, at the office of the City Clerk, and a copy of the entire text of the Ordinance shall be posted in the City offices. E. Ordinance No. 30-2003 shall be recorded in the Ordinance Book, along with proof of publication,within twenty(20) days after said publication. ADOPTED by the City Council on October 21, 2003. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen Porta, City Clerk 7a CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO.30-2003 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 following is only a summary of Ordinance No. 30-2003. The full text is available for public inspection by any person during regular office hours at the office of the City Clerk. The purpose of the amendment is to adopt 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 through I of the International Fire Code (the "MSFC"). The Ordinance adopts the MSFC in its entirety except for such portions which are deleted, modified, or amended by Subdivision 6 of Section 9.05. Subdivision 6 includes regulations regarding fire apparatus access roads, fire protection systems, means of egress, standby personnel and fires or barbeques on balconies or patios. The Ordinance incorporates, by reference, City Code Chapter 1 and City Code Section 9.99,which contain definitions and provisions relating to penalties. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens,Mayor PUBLISHED in the Eden Prairie Sun Current on (A full copy of the text of this Ordinance is available from City Clerk.) —73 CITY COUNCIL AGENDA DATE: SECTION: Consent October 21,2003 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Fire Department/Inspections Adoption of latest edition of the Minnesota George Esbensen State Building Code Y ' ,D Requested Action Move to: Approve 2nd Reading of an Ordinance Amending City Code Section 10.01 adopting the Minnesota State Building Code and adopt Resolution approving the Summary Ordinance 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 ii1 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 31 -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 AM) 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 chapters identified in Minnesota Rule 1300.060, Sections B and C. 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. 13 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 7th day of October, 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 ,2003. -7� CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2003- A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. 31-2003 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 31-2003 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie held on the 7th day of October, 2003. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, THAT THE CITY COUNCIL FINDS, DETERMINES, AND ORDERS AS FOLLOWS: A. Ordinance No. 31-2003 is lengthy and/or contains charts. B. The text of the summary of Ordinance No. 31-2003, attached hereto as Exhibit A, conforms to M.S. § 331A.01, Subd. 10, and is approved, and publication of the title and summary of the Ordinance will clearly inform the public of the intent and effect of the Ordinance. C. The title and summary shall be published once in the Eden Prairie Sun Current in a body type no smaller than brevier or eight-point type. D. A printed copy of the Ordinance shall be made available for inspection by any person, during regular office hours, at the office of the City Clerk, and a copy of the entire text of the Ordinance shall be posted in the City offices. E. Ordinance No. 31-2003 shall be recorded in the Ordinance Book, along with proof of publication,within twenty(20) days after said publication. ADOPTED by the City Council on October 21, 2003. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen Porta, City Clerk �-7 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,NIINNESOTA SUMMARY OF ORDINANCE NO.31-2003 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 following is only a summary of Ordinance No. 31-2003. The full text is available for public inspection by any person during regular office hours at the office of the City Clerk. The purpose of the amendment is to adopt 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, with the exception of chapters identified in Minnesota Rule 1300.060, Sections B and C. The Ordinance shall perpetually include the most current edition of the Code. The Ordinance contains a subdivision regarding application, administration and enforcement of the Code. This subdivision names the City of Eden Prairie Inspections Department as the Code enforcement agency. In addition, the Ordinance contains a subdivision allowing both the issuance of permits and the collection of fees under the Code in accordance with Minnesota Statutes. The Ordinance incorporates, by reference, City Code Chapter 1 and City Code Section 10.99 which contain definitions and provisions relating to penalties. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens,Mayor PUBLISHED in the Eden Prairie Sun Current on . (A full copy of the text of this Ordinance is available from City Clerk.) - CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar October 21, 2003 DEPARTMENT: ITEM DESCRIPTION: ITEM NO.: From: Stuart A.Fox, Manager of �, Parks&Natural Resources Change Order#2 for Purgatory Creek Recreation -`-' Through: Robert A. Lambert Area, Phase II Site Improvements Director of Parks&Recreation Requested Action Move to: Approve Change Order#2 in the amount of$30,715.32 submitted by American Liberty Construction for Phase II Site Improvements to Purgatory Creek Recreation Area, Change Order dated 10/10/03. Background Information: Purgatory Creek Recreation Area Phase II has been under construction since early July of this year. In the process of bidding the contract a number of items needed to be changed that affected the overall cost for this project. Attached is Change Order #2 and the largest amount on that change order is the installation of a sanitary lift station adjacent to the restroom building for an amount of$25,371.89. It was discovered after the contract was bid that with the improvements at the intersection of Prairie Center Drive and Technology Drive by MNDOT that there were some modifications in the sewer and water stubs for the site of the proposed Purgatory Creek Recreation Area Park. As a result of those modifications it became necessary to install water main from a different location in the park and also to install an ejection pump system for the sanitary needed with the park restroom building. Staff worked with City Engineer, Al Gray in putting together a package of information for this proposed lift station that would meet City standards as well as serve the needs for the downtown park. The proposed amount of $25,000 is in line with the engineers estimates for this particular project. Attachment Change Order#2 SAF:bju I 2000 EDITION AIA DOCUMENT G701-2000 Change Order (Instructions on reverse side) PROJECT: CHANGE ORDER NUMBER: 2 OWNER ❑ (Name and address) DATE: 10/10/03 ARCHITECT 0 Purgatory Creek Park ARCHITECT'S PROJECT NUMBER: 4301 CONTRACTOR 0 Eden Prairie, MN _ - CONTRACT DATE: 6/9/03 FIELD 0 TO CONTRACTOR: - CONTRACT FOR: Phase II Site Improvements OTHER 0 - = :_ (Name and address) - _ American Liberty-Construction 5900 Main St. _ __ ,.PO Box_ 547_ - Rockford:, MN 55373' " ^THE.CONTRACT IS CHANGED.-ASFOLLOWS:: - (Includewhere applicable,any undisputed amount attributable to.-previously executed.Construction Change Directives.) -'Add substitue 3" copper,':.for 2"PVC stub '=out from bldg. for irrigation $ .684.92 Add -two coat- application varnish- to underside roof decking on pavilion strotr. 1,875.00 - Add new curb, cut. on NE corner "of,-;Pr .airie.-Center Dr. opposite Park property 1,505.86 - Add install ,additional binder rock'and fabric for 12" pipe sewer 859.97 Add- install•sanitary=_lift station:'ad;jacent: to restroom building 25,371.89 IJc _' _ .t_ - TOTAL $ 30,715.32 The original(Contract Sum)(Guaranteed Maximum Pxice)was$ .-`L 092,000.00 The net change by'previously authonzed Change Orders$ 1,7 2 2..81 The(Contract Sum)(Guaranteed'Maximum:Price)prior torttns Change Order was$ 1,093,722.81 '` . The(Contract.Sum)_(Guaranteed.Maximum l?rice)will,be.(increased)(decreased) :(unchanged)by this.Change Order in'the amount of. 30_ .715.3 2:. The new(Contract Sum) (Guaranteed Maximum Price)including;this Change Order will be$ 1,124,438.13 ?; ' The Contract Tune will be(increased).(decreased)=(unchanged)'by '"212 ( )days. ' . : " The date of Substantial Completion as of the date of this Change Order therefore is 5/31/04 NOTE:This Change Order does not include changesin the Contract Suni,Contract Time or Guaranteed Maximum Price which have been authorized by Construction Change Directive for which the cost or time are in'dispute,as described in Subparagraph 7.3.$ofAIA Document A201. ', Not valid until signed by the Architect,Contractor and:Owner...,., - MIMI SHE Consulting Group, Inc. . American Libert. Const`r City Eden Prairie A R C IN T E CT.(Typed n,,- ) CONTRACTOR•.(Typed name) ,•'` .:_ ;..`O W'N E R (Typed name) (Signature) (Sign lure) _ _ - (Si nature) - •- ©2000 AIA® Ken Grieshaber. _ : 'Howard Jacobson , - Stuart Fox AIA DOCUMENT G701-2000 BY BY BY CHANGE ORDER 1 b . 14-.� - )c)/H-) it / 4- a3 DATE DATE DATE / 02000 The American Institute of Architects.Reproduction of the material herein or substantial quotation of its The American Institute provisions without written permission of the AIA violates the copyright laws of the United States and will subject of Architects the violator to legal prosecution. 1735 New York Avenue,N.W. W 3lrJG:Unlicensed photocopying violates U.S.copyright laws and will subject the violatorla to legal prosecution. Washington,D.C.20006-5292 U0 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar October 21,2003 DEPARTMENT: ITEM DESCRIPTION: ITEM NO.: From: Stuart A.Fox, anager of Parks&Natural Resources Winter use of the LRT Trail from November 15, V ` Through:Robert A.Lambert 2003 to March 31, 2004 Director of Parks&Recreation Requested Action Move to: Authorize staff to submit a permit application for the 2003-2004 winter season regarding winter usage of the LRT trail. The winter use permit would run from November 15, 2003 to March 31, 2004. Background Information: Currently, Three Rivers Park District (Suburban Hennepin Regional Park District) does not provide use of the LRT trail between November 15th and March 31 st of each year. It is up to the City to request permitted use of the trail during this time. The City has entered into a permit agreement with for the past several winters allowing hiking and cross-country skiing by the public. In order to do this,the City must make an annual application for a winter use permit. Staff will make application for usage of the LRT trail in a manner similar to previous years; however, adding the condition that the City would be plowing this trail. In order to plow the trail signs would be posted at each road intersection indicating that the trail is being maintained by the City of Prairie for winter activity use. These signs would prohibit activities such as snowmobiling and traveling by motorized vehicles such as ATV's. The winter use signs would be installed prior to November 15th and removed by April 15th of the following year. The signs would be the responsibility of the City to place and maintain. A copy of the application form is attached for your information. Attachment 2003-2004 Winter Use Permit SAF:bju SUBURBAN HENNEPIN REGIONAL PARK DISTRICT REGIONAL TRAIL SYSTEM 2003-2004 WINTER USE PERMIT Name of City E PAPvi 124 E City Hall Phone 952`949- 8300 Contact Person SUMP— Fo')C Phone 952 - qi4 9—544s Regional Trail From Co u ot�y RD (o Z, to OIL VI A E Authorized 2003-2004 Winter Activities w,0441 )6 SNow sliaiNto 54,,m G Regional Trail From to Authorized 2003-2004 Winter Activities Regional Trail From to Authorized 2003-2004 Winter Activities Regional Trail From to Authorized 2003 2004 Winter Activities Authorization is hereby requested from the Park District Board of Commissioners to use portions of the Regional Trail Corridor for winter use activities between November 15, 2003 and March 31, 2004, as determined by each municipality within guidelines set forth herein on District property located within individual City boundaries. It is understood and agreed that approval from the Park District Board of Commissioners is contingent upon the following conditions: • The City agrees to defend, indemnify, and hold harmless the Park District, its officials, officers, agents, volunteers, and employees from any liability, claims, causes of action, judgments, damages, losses, costs or expenses, including reasonable attorney's fees, resulting directly,or indirectly from any act or omission of the City, its respective contractors, anyone directly or indirectly employed by the, and/or anyone for whose acts and/or omissions they may be liable for related to the winter use of the Regional Trail Corridor. If City maintains general liability insurance at the time this permit is issued, City shall provide the Park District with a Certificate of Insurance, naming Three Rivers Park District as an additional named insured. • The City agrees to maintain the trail, including, but not limited to, any plowing, sweeping, sanding, packing, trash pick-up, and sign replacement, between November 15, 2003-March 31, 2004. The City further agrees to immediately address all safety issues on or adjacent to trails. 0D • The City will provide signage at locations approved by the Park District,notifying the public of authorized winter activities within its city limits; activities may include, but are not limited to, hiking, biking, snowmobiling, cross-country skiing, snowshoeing, or pet walking. Winter use signs must be installed by the City at designated locations prior to November 15, 2003 and removed by the City no later than April 15, 2004. These signs are totally the responsibility of each municipality. • Snowmobiling is not allowed on asphalt trails. Permitted use for snowmobiles will be limited to direct crossing and/or in areas where the snowmobile trail is kept from running on paved trails and bridges. If snowmobiling is permitted, cities must take steps to keep snowmobiles from damaging paved trails,bridges and other property. • The City agrees to enforce rules and regulations established by the municipality as part of its request for a Winter Use Permit. • The City agrees to repair all trail surface damage that occurs as a result of winter trail activities and/or maintenance, including, but not limited to, bituminous/concrete repair, bridge deck repair,grading or adding aggregate pursuant to guidelines established by the Park District. • The City agrees that winter trail use will be available to all persons,regardless of residence. Each City is required to submit its annual permit requests, including proposed rules and regulations, by September 30, 2002, after which the Park District may take up to 45 business days to process. Each permit request must be submitted as a result of formal City Council action, with accompanying verification, agreeing to the terms and conditions outlined by the Park District's Winter Use Permit. It should be further understood that no winter activity will be allowed on segments of the Regional Trail Corridor where municipalities do not request and receive permits. The Park District reserves the right to terminate a permit at any time, if the conditions set forth herein are not followed. Signed: Date: Title: (Authorized Representative of the City) CITY COUNCIL AGENDA DATE: SECTION: Public Hearing October 21,2003 DEPARTMENT: ITEM DESCRIPTION: ITEM NO.: Molly Koivumaki,Housing and Community Development Block Grant Program /IL . A Human Services (Resolution) Requested Action Move to: • Close the Public Hearing; and • Adopt Resolution to reprogram unused CDBG funds from Scattered Site Affordable Rental Housing/Acquisition to Development of a Community Human Services Center Synopsis CDBG funds were historically used to assist developers to include low income units in new apartment complex projects. There are no major rental housing proposals being considered at this time to which the funds may be applied. Therefore, the balance of the funds may be reallocated to a new use, providing such use;still serves the low/moderate income population. The amounts to be reprogrammed come from FY 2001, for $19,589.00 and from FY 2002, for $160,403.00. The amount of the balance is $179,992.00. Background Information In 1999, General Growth Corporation agreed to give the City of Eden Prairie access to approximately 4500 square feet of unfinished space within the Eden Prairie Shopping Center. The agreement stipulated that if after five years the space was still undeveloped and not being used,the City would forfeit its access and the space would be returned back to General Growth. Though City staff reviewed a variety of plans to use the space, no formal plan was ever developed. In May, 2003, staff again took up the task.of developing the space. With the CDBG funds identified as a potential funding source, coupled with the increasing need for space to provide human services, a plan was developed. The City of Eden Prairie intends to finish the space, to be used for public service programs, aimed at low/moderate income people and immigrant members of our community. The space will be designed to accommodate classrooms, a private office, a resource area, and a large open space. Seeking to make the most,efficient use of the space, moveable walls will separate the classroom area so that they can be opened, creating a larger meeting area. A separate office area will be designed for use by Police Officers. �L' Page 2 Located on the bus route and within walking distance from low income housing complexes, this location is an ideal spot for human services agencies to provide the support and programming that is desperately needed in this community. It could potentially serve as a polling place,too. The City of Eden Prairie has built a solid network of public and non-profit human service providers who work to identify and meet the needs of our residents. One of the largest obstacles we face is having a place to provide the services. Simply stated, we have identified the needs, we have effective programs,but we are severely short on space that is accessibly through public transportation. Attachment �f5 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2003- RESOLUTION APPROVING REPROGRAMING OF UNUSED COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS WHEREAS, the Community Development Block Grant Funds from Scattered Site Affordable Rental Housing/Acquisition has an unused balance of$179,992.00; and WHEREAS,the City of Eden Prairie has an increasing need for space to provide human services; and WHEREAS,in 1999,General Growth Corporation agreed to give the City of Eden Prairie access to approximately 4500 square feet of unfinished space within the Eden Prairie Shopping Center; and WHEREAS,the balance of the Community Development Block Grant Funds from Scattered Site Affordable Rental Housing/Acquisition funds may be reallocated to a new use,providing such use still serves the low/moderate income population; and WHEREAS, the City of Eden Prairie intends to finish the space, to be used for public service programs, aimed at low/moderate income people and immigrant members of our community. THEREFORE BE IT RESOLVED that the City Council of the City of Eden Prairie approves the reprogramming of$179,992.00 of unused Community Development Block Grant Funds from Scattered Site Affordable Rental Housing/Acquisition to Development of a Community Human Services Center. ADOPTED by the City Council of the City of Eden Prairie this 21st day of October,2003. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen Porta, City Clerk f. DNI'SJ.3311H ThV sn M ,` elosauu�w 'a�a��ad uap3 '.aa�ua� a�a��.ad uap3 -, , CD . apeds Apunwuao) aIAIPad uap3 jo ApoCO 1/40 cu• N•.g Q'N N N O• 4) 0) CD O ° m e • ION N:g Cr) O LO vato ._ rn U gN . ELO c Q8 cn O oz.oz.N • Ow Ca N J N E En ® F" En -- O Q a) m rnw c 8 y: co M - 0 r O) C) cm 0 y 0 0 Q y•U 3 U / �M U m r b ny' �� � N O CITY COUNCIL AGENDA DATE: SECTION: Public Hearing October 21, 2003 DEPARTMENT: ITEM DESCRIPTION: Vacation 03-08 ITEM NO.: Engineering Vacation of Drainage and Utility Easements in sa Dave Olson Duponts Crestwood Addition '� (Published 09/18/03; Sent to 5 property owners) Requested Action Move to: 1. Close the public hearing and 2. Adopt the resolution vacating part of the drainage and utility easements in Duponts Crestwood Addition. Synopsis The property owner has requested this vacation to remove underlying drainage and utility easements existing on the property from a previous plat. The property was recently replatted from Crestwood 89 (two lots) into Duponts Crestwood Addition (three lots). Vacation of these easements will reduce title encumbrances. Replacement easements were dedicated in the Duponts Crestwood Addition plat. Attachments Vacation Drawings 0S CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. VACATION OF DRAINAGE AND UTILITY EASEMENTS IN DUPONTS CRESTWOOD ADDITION VACATION 03-08 WHEREAS,the City of Eden Prairie has a certain drainage and utility easement described as follows: Notice is hereby given that a public hearing will be held before the Eden Prairie City Council at the Eden Prairie City Hall, 8080 Mitchell Road,Eden Prairie,Minnesota,on October 21,2003 at 7:00 p.m.to hear all persons present upon the proposed vacation of the following described property: The drainage and utility easements as platted on Lots 1 and 2,Block 1, Crestwood 89,and that part of the easterly 16 feet of Lot 1,Block 1 Duponts Crestwood Addition,lying westerly of the easterly 6 feet thereof,according to the plats recorded in the Office of the County Recorder, Hennepin County,Minnesota. This property is located at 18390 Dell Drive. WHEREAS, a public hearing was held on October 21, 2003, after due notice was given to affected property owners and published in accordance with M.S.A.412.851; and WHEREAS,it has been determined that the said drainage and utility easements are not necessary and has no interest to the public,therefore, should be vacated. NOW,THEREFORE,BE IT RESOLVED by the Eden Prairie City Council as follows: 1. Said drainage and utility easements as above described is hereby vacated. 2. The City Clerk shall prepare a notice of completion of proceedings in accordance with M.S.A. 412.851. ADOPTED by the Eden Prairie City Council on October 21,2003. • ATTEST: Nancy Tyra-Lukens,Mayor SEAL Kathleen A.Porta,City Clerk • bb 3 A 0 0 it SS 'i - Ei !. ?'I i-1' F {`s3`! F i 14 F t is F :ll'I F. - z s . - s s s 3 it. i -= _a Cit j €c i k i t i z=t 191za S •' ' _ I ^ : r r. 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FE __ _ = a= - - • .I • v s yWF. *aNrF O N pO0 m . p • w J,.# U�1 f a L _ W y� a p 1• �r.LZ Al wF•Ti.TiQ��.S• o <W N CO Lll w w 1 1 g f Z 1 1 WW OC N t •. I f.�� 1 �N • �; q 11 . a 11 10 nll 1 Z,� 3,.: '� U . VN/ M1/ C.' 1 . 1 0 W t.21 1 H �•. 1 1 1 S 1 �O 22 l�� p -.R �•�Z `3 fZ.ZOLOQV j oa �'y�rr tco Lt-1 ;1� .� `p•1u .il 1 i+ of 1 I a ` ot��. , N ,, �1 O cis 2l • � 1 l r 1 1 ts p 1 1 •• of a \ o • .1 l u p t(1 1 •' p ' V� 1 cia \ 1 ...• OhN w et 1:• vj Ill�.w .. •s•!;• E.:i... W 'XIS 3-re zo.00 N ) �a n .:... J t A �� y /� .u- s z CO a..•.` / �_' SS % <8 la a . • All .Fa U . y 17 • 0 01 Alla 4414 H y W 9 I CITY COUNCIL AGENDA DATE: 10/21/03 SECTION: Public Hearings DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Management and Budget/Planning Scott H. Neal Edenvale Villas C Danette M. Moore Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for Guide Plan Change from Low Density Residential to Medium Density Residential on 5.01 acres; and • Adopt the Resolution for PUD Concept Review on 5.01 acres; and • Approve 1st Reading of the Ordinance for PUD District Review with waivers on 5.01 acres and Zoning District Change from Rural to R1-9.5 on 5.01; and • Adopt the Resolution for Preliminary Plat of 5.01 acres into 15 lots; and • Direct Staff to prepare a Developer's Agreement incorporating Staff and Board recommendations and Council conditions; and • Approve and Authorize Issuance of a Grading Permit, subject to City Engineer's approval based on final contract documents. Synopsis The preliminary plat shows the subdivision of 5.01 acres into 15 single family lots at a density of 2.99 units per acre. Community Planning Board Recommendation The Community Planning Board first reviewed this project at the July 14, 2003 informational meeting. The purpose of the meeting was to introduce the plan to the Board and the neighborhood, obtain input from residents, and identify items for the developer to work on before returning for a public hearing. The Community Planning Board continued the item and requested additional information on density,buffering, street layout, and storm water treatment On September 22, 2003 the Community Planning Board voted 7-0 to recommend approval of the project to the City Council. Background Information Guide Plan Change Reasons to consider the Guide Plan Change from low density residential to medium density residential are: a • The density is compatible with the surrounding area. • The tree preservation plan indicates that 37% of the significant trees will be saved.This is typical for single family developments. Tree replacement will be used for buffering as requested by residents. • The small number of units does not generate enough traffic to require improvements to roads and intersections in the area,beyond improvements to Birch Island Road. • This project presents an opportunity to provide a different product. The one level walkout unit on a small lot is a product type geared for active adults and for for people that want a smaller home with less maintenance. • The street frontage waiver less than the 70 foot minimum for 10 of the 15 lots ares are similar to frontages in the Edenvale 18t''Addition to the east. Roads Concurrent with the development of this property, the portion of Birch Island Road adjacent to the property and extending east to Harlan Drive must be improved by the developer to include concrete curb and gutter, storm sewer and a bituminous street. In the existing condition,Birch Island Road adjacent to the property is not an improved street. Currently,the only improved section of Birch Island Road extends easterly from Harlan Drive to Edenvale Boulevard. The remaining section of Birch Island Road(extending easterly from Kurtz Lane to the western boundary of this property)will be improved at such time as the remaining undeveloped parcels develop. The City policy is no unnecessary cul de sacs. Cul de sacs have been approved in order to preserve a wetland or significant trees, to avoid a safety problem on a road, or when land uses are not compatible. None of these scenarios exist on this site. Site vision distance is acceptable along Edenvale Boulevard and Birch Island Road at the proposed intersections. Stormwater Treatment Two locations for a stormwater treatment pond were studied; one in Birch Island Woods Park, the other within the project. The pond in the park impacts 1.2 acres of City park property and results in 1.2 acres of removed tree mass. By comparison, the location of the pond on private property occupies .3 acres and does not result in any loss of tree mass or significant trees. Staff recommends the pond be located within the project. Attachments 1. Resolution for Preliminary Plat 2. Resolution for PUD Concept Review 3. Resolution for Comprehensive Guide Plan Change 4. Informational Meeting Staff Report dated July 14, 2003 5. Community Planning Board Minutes dated September 22,2003 6. Staff Report dated September 18,2003 �13 EDENVALE VILLAS CITY OF EDEN PRAIRIE HENNEPIN COUNTY,NIINNESOTA RESOLUTION NO.2003- RESOLUTION APPROVING THE PRELIMINARY PLAT OF EDENVALE VILLAS FOR BRENSHELL DEVELOPMENT CORPORATION BE IT RESOLVED,by the Eden Prairie City Council as follows: That the preliminary plat of Edenvale Villas for Brenshell Development Corporation dated October 21, 2003, and consisting of 5.01 acres into 15 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 21st day of October,2003. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen A. Porta, City Clerk y EDENVALE VILLAS CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2003- A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF EDENVALE VILLAS FOR BRENSHELL DEVELOPMENT CORPORATION 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 July 14 and September 22, 2003, by Brenshell Development Corporation 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 21, 2003. NOW,THEREFORE,BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. Edenvale Villas,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 September 18, 2003. 3. That the PUD Concept meets the recommendations of the Community Planning Board dated September 22, 2003. ADOPTED by the City Council of the City of Eden Prairie this 21st day of October, 2003. Nancy Tyra-Lukens,Mayor ATTEST: • Kathleen A. Porta, City Clerk 95 EXHIBIT A PUD Concept- Edenvale Villas Legal Description: Outlot A, Edenvale 3rd Addition { 6 EDENVALE VILLAS CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2003- A RESOLUTION AMENDING THE COMPREHENSIVE MUNICIPAL PLAN WHEREAS,the City of Eden Prairie has prepared and adopted the Comprehensive Municipal Plan("Plan"); and WHEREAS,the Plan has been submitted to the Metropolitan Council for review and comment; and WHEREAS,the proposal of Edenvale Villas,by Brenshell Development Corporation for a subdivision of 5.01 acres into 15 lots; NOW, THEREFORE,BE IT RESOLVED that the City Council of the City of Eden Prairie,Minnesota,hereby adopts the amendment of the Plan subject to Metropolitan Council approval as follows: 5.01 acres from Low Density Residential to Medium Density Residential,located at 6525 Birch Island Road. ADOPTED by the City Council of the City of Eden Prairie this 21st day of October, 2003. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen A. Porta, City Clerk I�' STAFF REPORT TO: Community Planning Board FROM: Danette M. Moore,Planner THROUGH: Michael D. Franzen, City Planner DATE: July 11, 2003 SUBJECT: Edenvale Villas Informational Meeting APPLICANT/ Brenshell Development Corporation LOCATION: North of Edenvale Blvd, south of Birch Island Road, between Kara Drive and Harlan Drive Staff Report—Edenvale Villas Informational Meeting July 11,2003 PURPOSE The purpose of the informational meeting is for: 1. The developer to present the proposed concept plan. 2. The developer, the Community Planning Board, and staff to hear comments from area residents on the proposal. 3. To identify issues for the developer and staff to address in detailed plans prior to returning for a public hearing. EXISTING GUIDE PLAN This property is guide low density residential. The project will require a guide plan change to medium density residential. Surrounding land is guided low density residential to the north, south, and east. Land to the west is guided medium density residential. EXISTING ZONING The property is zoned Rural. The property to the east is zoned R1-9.5. The property to the west is zoned RM-6.5. DEVELOPMENT PROPOSAL The proposed plan involves subdividing 5.01 acres into 15 single family lots at a density of 2.99 units per acre. SURROUNDING DENSITIES The Edenvale 18th Addition is located to the east of the property.It is developed as 10 single family homes at a density of 3.15 units per acre. Edenvale 17th Addition is located to the west of the property. It is developed as 42 twinhomes at a density of 4.3 units per acre. PLANNED UNIT DEVELOPMENT WAIVERS Since the plan is for single family homes, the correct zoning district for this site is R1-9.5. All of the lots meet the 9,500 square foot lot size requirement. The plan will require a street frontage waiver less than the 70 foot minimum for 10 of the 15 lots. 1' 99 Staff Report—Edenvale Villas Informational Meeting July 11,2003 BIRCH ISLAND ROAD Concurrent with the development of this property,the portion of Birch Island Road adjacent to the property and extending east to Harlan Drive must be improved by the developer to include concrete curb and gutter, storm sewer and a bituminous street. In the existing condition,Birch Island Road adjacent to the property is not an improved street. Currently, the only improved section of Birch Island Road extends easterly from Harlan Drive to Edenvale Boulevard. The remaining section of Birch Island Road(extending easterly from Kurtz Lane to the western boundary of this property)will be improved at such time as the remaining undeveloped parcels develop. STORMWWATER TREATMENT The plan shows a stomwater pond. TREE PRESERVATION There are 489 inches of significant trees on the property. Tree loss is estimated at 188 inches or 38 %. The required replacement is 95 inches. HSITORICAL ASSESSMENT Staff has reviewed the historic resources inventory files.The physical integrity of the buildings at the Picha Farm was reviewed on June 12, 2003. The outbuildings are all in a poor state of repair. The house is in poor condition. The house has a large addition which further diminishes the historical significance of the house. This information was presented to the Heritage Preservation Commission on June 16,2003. If the farm home and outbuildings will not be incorporated into the proposed development,the property should be documented prior to building removal. SUMMARY The Community Planning Board should discuss the following questions. 1. Should the land remain guided low density residential or changed to medium density residential? 2. Is the proposed use of the property compatible with the surrounding development? 3. Is the street frontage waiver reasonable and consistent with the development pattern in the area? /00 Staff Report—EdenvaIe Villas Informational Meeting July 11,2003 STAFF RECOMMENDATIONS 1. Developing the property according to the comprehensive plan is an acceptable use of the property. This would be a plan with 12 single family homes. 2. Developing the site according to the proposed 15 lot single family plan is also an acceptable use of the property. The proposed development of the property and guide plan change is reasonable. The property is located between two existing developments with densities between 3.15 to 4.30 units per acre. The street frontage waivers are similar to those found in existing developments to the east and west. Tree loss is low. Birch Island Woods Road needs to be upgraded. Staff is comfortable with either development approach to the property. I /01 STAFF REPORT TO: Community Planning Board FROM: Danette M. Moore,Planner THROUGH: Michael D. Franzen, City Planner DATE: September 18,2003 SUBJECT: Edenvale Villas APPLICANT: Brenshell Development Corporation OWNER: Abbie C. Picha LOCATION: North of Edenvale Blvd, south of Birch Island Road, between Kara Drive and Harlan Drive REQUEST: 1. Comprehensive Guide Plan Change from Low Density Residential to Medium Density Residential on 5.01 acres 2. Planned Unit Development Concept Review on 5.01 acres 3. Planned Unit Development District Review with waivers on 5.01 acres 4. Zoning District Change from Rural to R1-9.5 on 5.01 acres 5. Preliminary Plat of 5.01 acres into 15 lots 10 Area Location Map - Edenvale Villas Address: 6525 Birch Island Road / 1 1/ / . t Birch Island Lake" / / `-,�_______,___ Birch Island Road E' r / 1111 i Harlan Dr. ' Kara Drive i ti 1✓ /�\ / i . X 1 ,..., , �N. � „ \\ ��\ I. V t 1 rT.„...4 . ..,., , /�""ti \ r" '` Edenvale Blvd. \ • \-,- -----) 1 f I f t �' Harlan Dr. ,1 -_ -). Vermar Terr. -, -- I I /\ ... / / i' / / . / r ` f r ' L_______„/_____A / / I, `''� l /�,rf! , -1 i i r No Scale I 103 Staff Report—Edenvale Villas September 18,2003 JULY 14TH INFORMATIONAL MEETING An informational meeting was held on July 14, 2003 to discuss the Edenvale Villas development proposal. The developer presented a plan to subdivide 5.01 acres into 15 single family lots at a density of 2.99 units per acre. The Board directed the developer to take the following items into consideration as part of the development plans to be presented at a future public hearing. • Storm water treatment • Street layout • Density • Buffering of existing homes. COMPREHENSIVE PLAN AMENDMENT The Comprehensive Guide Plan shows the site as Low Density Residential for up to 2.5 units per acre. A Guide Plan Change to Medium Density Residential is requested. Surrounding land is guided Low Density Residential to the north, south, and east. Land to the west is guided Medium Density Residential. The decision to change the guide plan should be based on the following: Compatibility with adjoining land uses-This site is part of the1,000 Acre Edenvale Planned Unit Development approved in 1970. The approved plan is a mixed use plan including single family, multiple family,apartments,commercial,industrial,and a golf course. The density of the project is consistent with the surrounding area. The Edenvale 18th Addition is located to the east of the property. It is developed as 10 single family homes at a density of 3.15 units per acre. Edenvale 17th Addition is located to the west of the property. It is developed as 42 twinhomes at a density of 4.3 units per acre. Impact on site features—The tree preservation plan indicates that 37% of the significant trees will be saved. This is typical for single family developments. Impacts on roads and utilities—The small number of units does not generate enough traffic to require improvements to roads and intersections in the area,beyond improvements to Birch Island Road. There is sewer and water adjacent to the site. Housing product type—This project presents an opportunity to provide a different product. The one level walkout unit on a small lot is a product type geared for active adults and/or for people that want a smaller home with less maintenance. There are 50 units of this type in Settlers Ridge. Staff Report—Edenvale Villas September 18,2003 PLANNED UNIT DEVELOPMENT WAIVERS Since the plan is for single family homes, the correct zoning district for this site is R1-9.5. All of the lots meet the 9,500 square foot lot size requirement. The plan will require a street frontage waiver less than the 70 foot minimum for 10 of the 15 lots. Waivers are used to encourage a better environmental design. The final plan should be better than a plan without waivers. Waivers can allow the city to require architectural diversity, different product types, and additional landscaping. BIRCH ISLAND ROAD Concurrent with the development of this property, the portion of Birch Island Road adjacent to the property and extending east to Harlan Drive must be improved by the developer to include concrete curb and gutter, storm sewer and a bituminous street. In the existing condition,Birch Island Road adjacent to the property is not an improved street. Currently, the only improved section of Birch Island Road extends easterly from Harlan Drive to Edenvale Boulevard. The remaining section of Birch Island Road(extending easterly from Kurtz Lane to the western boundary of this property)will be improved at such time as the remaining undeveloped parcels develop. THROUGH STREET OR CUL DE SAC The City policy is no unnecessary cul de sacs. Cul de sacs have been approved in order to preserve a wetland or significant trees, to avoid a safety problem on a road, or when land uses are not compatible. None of these scenarios exist on this site. Site vision distance is acceptable along Edenvale Boulevard and Birch Island Road at the proposed intersections. HOUSING TYPES Three different villa designs are proposed. Since only 15 units are proposed,three alternate building elevations should be adequate to provide architectural diversity within a common theme. STORMWWATER TREATMENT The plan shows an alternative NURP Pond location in Birch Island Woods Park. The location of the pond was selected due to the proximity of existing and planned storm sewer extensions as part of the upgrading of Birch Island Road by the developer. The alternate grading limits impact 1.2 acres of City park property and results in 1.2 acres of removed tree mass. 05 Staff Report—Edenvale Villas September 18,2003 By comparison,the location of the pond on private property occupies.3 acres and does not result in any loss of tree mass or significant trees. Staff recommends the use of a NURP pond for storm water treatment. A NURP Pond would serve three purposes: volume control,rate control, and water quality. A rainwater garden accomplishes water quality only. If rainwater gardens are included in the project,tree planting areas proposed along the east property line, as a transition to the adjoining properties,would be reduced. In addition, rain water gardens would present issues of maintenance, access, and increased tree loss. TREE PRESERVATION There are 758 inches of significant trees on the property. Tree loss is estimated at 282 inches or 37 %. The required replacement is 140 inches. The plan meets this requirement. The plan shows plantings along the east property line as a buffer. Screening of housing is not required by code,however,since a guide plan change and waivers are requested the City may require screening. HSITORICAL ASSESSMENT Staff has reviewed the historic resources inventory files.The physical integrity of the buildings at the Picha Farm was reviewed on June 12, 2003. The outbuildings are all in a poor state of repair. The house is in poor condition. The house has a large addition which further diminishes the historical significance of the house. This information was presented to the Heritage Preservation Commission on June 16,2003. If the farm home and outbuildings will not be incorporated into the proposed development,the property should be documented prior to building removal. SUMMARY The Community Planning Board should discuss the following questions. 1. Should the land remain guided low density residential or changed to medium density residential? 2. Is the proposed use of the property compatible with the surrounding development? 3. Is the street frontage waiver reasonable and consistent with the development pattern in the area? 106 Staff Report—Edenvale Villas September 18,2003 The staff believes that the proposed development plan is compatible with the adjacent developments and provides a product type that is needed. STAFF RECOMMENDATIONS Alternative I If the Community Planning Board believes that Guide Plan Change is acceptable,that impacts on the surrounding area are low and can be mitigated,then one option would be to recommend approval of the Comprehensive Guide Plan Change from Low Density Residential to Medium Density Residential on 5.01 acres,Planned Unit Development Concept Review on 5.01 acres,Planned Unit Development District Review on 5.01 acres,Zoning District Change from Rural to R1-9.5 on 5.01 acres,Zoning District Amendment within the R1-9.5 District on 5.01 acres,and Preliminary Plat of 5.01 acres into 15 lots based on plans dated August 26,2003,and subject to the recommendations of the Staff Report dated September 18, 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: A. Install erosion control on the property, as well as tree protection fencing at the grading limits in the wooded areas for trees to be preserved as part of the development. Said fencing shall be field inspected by the City Forester prior to any grading. 3. Prior to Building permit issuance,the proponent shall: A. Pay the appropriate cash park fee. B. Provide a tree replacement surety equivalent to 150% of the cost of the tree replacement improvements indicated on the approved plan. 4. The following waiver has been granted through the PUD District Review for the property: A. Street frontage of less than 70 feet for Lots 2-5, Block 1 and Lots 2-7, Block 2, as shown on the plan. 1 03 Staff Report—Edenvale Villas September 18,2003 Alternative II If the Community Planning Board believes that the Guide Plan Change request is not acceptable, then a second option would be to recommend a 30 day continuance of the project to allow for the plan to come into compliance with the Low Density Residential density maximum of 2.5 units per acre. Alternative III If the Community Planning Board believes that the Guide Plan Change is not acceptable and the impacts on the surrounding area would be extensive, then a third option would be to recommend denial. Staff recommends Alternative I Developing the site according to the proposed 15 lot single family plan is an acceptable use of the property. The proposed development of the property and guide plan change is reasonable. The property is located between two existing developments with densities between 3.15 to 4.30 units per acre. The street frontage waivers are similar to those found in existing developments to the east and west. The architectural style of a one level walk-out product type allows for variety of housing. f 10- Planning Board Minutes September 22,2003 Page 4 C. EDENVALE VILLAS by Brenshell Development Corp. Request for Comprehensive Guide Plan Change from Low Density Residential to Medium Density Residential on 5.01 acres, Planned Unit Development Concept Review on 5.01 acres,Planned Unit Development District Review on 5.01 acres,Zoning District Change from Rural to R1-9.5 on 5.01 acres, and Preliminary Plat of 5.01 acres into 15 lots. Location: 6525 Birch Island Road Chuck Alcon,representing Brenshell Development, presented the project. He stated the project came before the Board in July for an informational meeting. The Board directed the developer to address several issues including storm water treatment, street layout, density and buffering of existing homes. Sanitary sewer is at the edge of the property. He stated there was a question regarding the placement of a NURP pond on the north side of Birch Island Road. He said because there would be heavy tree loss in that area that is not being considered. The suggestion of the use of rain gardens, which is an infiltration system,would not be appropriate for this site since the development is not large enough. He said citizens suggested small ponds near the wetland area which does not fit the scope of this small development. An on site NURP pond is adequate and will not involve removing too many significant trees. The street has been addressed and the through street provides traffic distribution entrances and exits. There are plans for improvement of Birch Island Road in the area of the sanitary sewer. There are three villa designs and variations so that housing will not be identical. Density on the east is 3.15 units/acre and in the west 4.3 units/acre. The plan proposed is 2.99 units per acre which is less than either of those. Buffering of existing homes has been addressed with retention of a tree line on the western border and relocation and planting of trees on the east. Franzen stated the question before the Board is whether there are reasons to change the guide plan. He said when a proponent asks for a guide plan change there are things the City can ask for that couldn't be required without a guide plan change. The City can require variations of building architecture, different colors,buffering, and can get a product type which is available in very limited numbers. This product is geared toward older active adults who.want more of their living quarters on one level. Staff is recommending approval as it's a reasonable use of the property, similar to the smaller development to the east. Stoelting asked about the reason for the waiver. Franzen responded it is for reduced street frontage. Vicki Miller, 6638 Kara Drive, stated she is concerned about the through street and continues to support the cul-de-sac. There are excessive speeds on the roads in the area and an additional through street will cause more problems. A cul-de-sac will give the community more privacy and less traffic. Jeff Strate of 15021 Summerhill Drive, stated he fmds merit in installing the cul-de- sac in this area. He said he appreciates the concerns about access and emergency issues,but believes there is a way to put it in that will allow for access. He /09 Planning Board Minutes September 22,2003 Page 5 mentioned areas with cul-de-sacs, such as Forest Hills Road,Howard Road and Cedarcrest Drive, and how they have worked well with access with no problems. He said residents are concerned about maintaining as much of the rural feeling of the Birch Island area as possible and he is supportive of the development and want it to contribute to the special feeling of this area of the City. He showed an aerial photo of the area and stressed the importance of the natural aspect of the Birch Island Woods area. He said it was important to keep the buffer between the new development and Birch Island Road as compatible with the area as possible.by using vegetation that compliments the woods rather than standing out. A cul-de-sac might result in more land for the developer by keeping the fifteen homes. He said they have been working with public and private entities regarding operating a Heritage District. All the residents in the area could meet and discuss the area's future. There's a strong feeling that Birch Island Road should be complementary to the Birch Island Woods area. He stated the rainwater runoff pond would work along Edenvale Boulevard north of Birch Island Road. It may not work in the wetland area but it could be work on the site.He stated the concern with the overflow of the pond which will go underneath Birch Island Road.He said they want to make sure the culvert is done right to protect the woods. A new woodchip trail will go in the area in the future. The culvert and rip rap should be landscaped and complementary to the woods. Foote stated he wasn't at the meeting on the 14th and asked for clarification regarding the cul-de-sac discussion. Gray responded a number of examples were pointed out where cul-de-sacs have been used. This property would be expected to have the through street design. If asked which connection might be difficult would be the Edenvale Boulevard connection because it has larger traffic volume, introducing a low volume residential street connection to it which creates a conflict but is still acceptable. The connection to Edenvale Boulevard represents a challenge because it is angled. When looking at a street such as Howard Lane there was an issue with connecting it through because it would connect Valley View Road and Edenvale Boulevard. The issue was whether it would become a street to serve the neighborhood and also provide a through connection. When you look at this one it's not a through connection, it serves the neighborhood which would add 70 to 80 vehicles per day which is low volume and doesn't raise significant traffic issues. This plan is consistent with general policy of no unnecessary cul-de-sacs. Looking at the traffic volume that might be added to Birch Island Road there is no measurably significant number to affect the operational and character aspects of the area. Foote asked if we suggested a cul-de-sac will they be able to maintain the 15 lots. Gray responded that's possible but if they came in with another proposal including a cul-de-sac,the developer would need to justify that. Steppat stated that he lives on a cul-de-sac which seems to have as much traffic as a through street.He said a cul-de-sac isn't necessarily going to be a safer option than the street. Steppat stated the design changes and variations are well done. //o Planning Board Minutes September 22,2003 Page 6 Koenig asked the price point of the homes. She stated she likes the product and there should be a market for it. Bill Kaufinann of Brenshell Development responded they are villas aimed at empty nesters priced from $500,000—650,000. Brooks stated liked the comments on the cul-de-sac and understands neighborhood concerns with traffic. He commented that the developer did a nice job addressing the issues from the prior meeting. He asked if there were sidewalks along Oak Terrace. Developer responded there were not. Brooks asked if that's typical of new areas. Fox responded with an infill development if there are no existing sidewalks, which is the case with this development, than the City doesn't require them. Nelson asked if there is a fence behind the NURP pond. She is concerned about the • expression of neighbors regarding access to the pond by children. Alcon responded there is a retaining wall 1 —3 feet high and no fence. The pond is 6 1/2 feet deep. Nelson asked if he would be willing to put up a fence to make it more difficult to get to the pond from the adjacent houses. Alcon responded it would be possible but would not know where to end it. Nelson stated to suddenly have a pond in your backyard which wasn't there when you moved in would be a concern to parents with small children. She said she would like to see a fence line somewhere along the pond area to slow children down. Stoelting asked staff to address safety standards in regard to NURP ponding. Gray responded it becomes a balance between safety and aesthetics. The City maintains many NURP ponds throughout Eden Prairie. They are integrated into neighborhoods and commercial/industrial areas. Many of the natural bodies of water are also a hazard. The ponds are not fenced as people who live near them generally don't want them to be as they are not as desirable aesthetically. Also, a fence may become an impediment if someone fell in and emergency crews couldn't get to them. He said he wasn't aware of any communities that fence NURP ponds. Stoelting asked if there is anything that can be done regarding the concern, in particular, the depth of the pond. Gray responded that there is only a small area that is 6 feet deep, He said they could extend the pond to the south and reduce the depth to 4 feet. It's an issue of whether four feet is that much of a difference if talking small children. Stoelting asked if the pond will drain dry or will there be standing water. Gray responded there may be times it is dry and should have standing water most of the time. Stoelting asked the developer to address the culvert and rip rap. Steve Johnston of Landform stated the outlet of the pond is planned to be at an existing culvert and downstream would put in rip rap to match the grade and they won't be removing vegetation. Alcon asked the board to look at the landscape plan for Lots 7 and 8 tree replacement. There are significant tree plantings all along the birch Island Road. Existing trees are retained. Koenig stated she is not in favor of a fence. Whenever a homeowner lives near a body of water it's a matter of personal responsibility. lit Planning Board Minutes September 22,2003 Page 7 Foote stated he supports through streets rather than a cul-de-sac. Shouldn't be any excess traffic with this small development. Koenig stated she is not concerned about the through street. She said she is more concerned about the effect on Birch Island Woods when the street is upgraded which will be detrimental to the area. She asked staff to address that and whether it can be left alone and not upgraded,particularly the section that's being developed now. Gray responded that people don't want gravel streets. It will be a two lane roadway and portions are already paved with curb and gutter. He said they are open to suggestions as to how to do it differently but they are doing minimal improvements. Foote asked why there would be an alternate location for the NURP pond with Birch Island Woods. Gray stated there were suggestions to look at other alternatives. Since there wasn't any culvert in that area to hook up to, the plan was not workable. MOTION by Brooks, second by Seymour, to close the public hearing. Motion carried, 7-0 MOTION by Brooks, second by Seymour, to approve a Comprehensive Guide Plan Change from Low Density Residential to Medium Density Residential on 5.01 acres,Planned Unit Development Concept Review on 5.01 acres,Planned Unit Development District Review on 5.01 acres,Zoning District Change from Rural to R1-9.5 on 5.01 acres, and Preliminary Plat of 5.01 acres into 15 lots,based on plans dated August 26, 2003, subject to the recommendations of the staff report dated September 19, 2003, to the City Council. Motion carried, 7-0 Koenig asked staff if there are speed limit signs posted on Edenvale Boulevard. Gray responded it is posted and he stated he had a discussion with a patrol officer regarding hand held radar which they have used to survey speeds in the area. He said they have people use the radar and they realize that speeds are not as high as they thought they were. The speeds on Edenvale Boulevard are posted at 30 or 35 m.p.h. He said additional signs probably won't make a difference. Most people are very conscious of speeds on the road. lia October 17, 2003 Eden Prairie City Council 8080 Mitchell Road Eden Prairie, MN 55344 Dear Mayor Tyra-Lukens and Council Members. I read with understanding Bill Lapadats letter "Carving up EP" a few weeks ago in the Eden Prairie News. I moved to Eden Prairie sixteen years ago. And it was with some reservation of leaving the "lights and sights" of Bloomington to move to what I then called "The Sticks"; which meant a lot of woods and farmland. The population of Eden Prairie in the late 80's was around 39,000 compared to Bloomington's 86,000. Since then I have witnessed 75- year-old trees cut down and turned into wood chips. Apple orchards, pumpkin and cornfields bulldozed for housing and commercial development. Those treasures are now gone forever and sadly there is very little of "The Sticks" left in Eden Prairie. But the small area's that do still remain have a chance to be acquired by the Parks System for future generations to enjoy. Eden Prairie, in my opinion, does not need more housing. What we do need is to retain the remaining character of the last remaining bluff's and prairies. With this in mind, I strongly urge that the Edenvale Villas project in my neighborhood support the now rare-in-Eden-Prairie scenery along Birch Island Road, Birch Island Conservation Area and the Picha Heritage Farm (which we live next to) . We're losing our friends AI and Abby Picha and their nice old house and many of their trees and their field. We must ask ourselves the following question: In what ways can this project compliment rather than harm the appearance of Birch Island Road? A cul-de-sac entering from Edenvale Boulevard is the answer? A cul-de-sac with a nice sidewalk connection to Birch Island Woods and the proposed nature trail in the woods. Vicky Miller 6638 Kara Drive Eden Prairie, MN (h) 952-934-5656 (w) 952-942-3510 I13 Phil Morton To: allcouncil@edenprairie.org Subject: Edenvale Villas Development Dear Council Member, As you know, next Tuesday October 21 at 7 p.m.,the Eden Prairie City Council will hold a public hearing on Edenvale Villas, a proposed residential development. This 15-house project will replace the 5-acre farmstead that has long been home to Albert and Abby Picha. As a result, a 1919 white farm house, a number of large trees, a vegetable field, and a great view of the Birch Island Woods from Edenvale Boulevard will be lost. Furthermore,the current plan for this development includes a road from Edenvale Boulevard to Birch Island Road that will increase traffic on Birch Island Road, spoiling its country charm and detracting from the Picha Heritage Farm that the family hopes to keep in business. However, you can act to minimize the damage to this area. I encourage you to work with the developer and the City Planner to r ce the through-road with a cul-de-sac to help preserve the character of the Birch Island Woods area. 42FLic,4"--- Phil Morton 6933 Edenvale Blvd 952-934-3578 • • Iffy 111 Op page 4—Eden Prairie News—Thursday, October 16,2003 Eden Prairie i For cul-de-sac For nearly 17 years, my family has been lucky to live in a neigh- borhood which could claim to have two small farms and get-away-from- it-all public open spaces in the Birch Island Lake area. The Picha Heritage Farm,which runs the annual Birch Island Woods spring plant sale, intends to keep harvesting vegetables and raspber- ries just as it has for a century The other small farm,the one owned by Abby and Al Picha, will sadly only be a memory. The plans for putting in 15 new homes on Al's farm have been discussed at city hall and in the neighborhood since last spring. Despite the ongoing and reasonable requests by a number aih:xehbors to provide the small bdivision with a cul-de-sac rather j• air a through street, the plans not changed. Thoughts of ' s, traffic flow and architectura,(— Wiles are clearly sexier subjects for ' OW'city planning officials and the developer than the traditions of our neighborhood. They've strayed off point when we've demonstrated that a through street will not help traffic flow;that a cul-de-sac would provide our new neighbors with more privacy and less street clutter; that a cul-de-sac would provide an opportunity to landscape in a way that respects the local scenery; that a cul-de-sac would help make Birch Island Road safer for our children as well as the increasing numbers of hikers,bicy- clers,dog walkers and groups from all over Eden Prairie who visit the '1 woods,park and Heritage Farm E • Larry Peterson c Eden Prairie t New leadership � t5 (If ., 1 t, " Coestismiel*obi rare 4 ' Thursday,October 9,2003—Eden Prairie News—Page 5 As is happening in Edina,Min- G 9 up EP netonka and West Bloomington, , _ larger, privately-owned lots and The Twin Cities area remains i outlots will be split and devel- ; one :.the fastest growing regions ; oped.The wooded outlots in your -, in,.k7';.4, ,,try;the Met Council says neighborhood just might end up a we'll need to accommodate a mil- 1 being sites for new homes;the few lion new residents in the next 30 L farms that remain can be carved up years.Veeow!TO say the least, we by bulldozers for new streets,Hen- need to be concerned. nepin County and church-owned Although Eden Prairie is near- properties which we assume are ing the end of an era of truly large w park lands can be sold off for residential developments such as ` development; even Bent Creek Oak Parke,Bearpath,Settlers Ridge Golf Course in north central Eden and Hennepin Village, those who Prairie may be more profitable in a claim that are nearly"built out" r ' sell-off for development than as a are take . private dub. Eden P' irie's ideal location The result? We're going to and itS. Aeat t't ntinue to become more crowded and con- attract 4 w orrs`to smaller scale gested (something I hear people ec s. pro j t� and p o,silky.ode or two complain about daily); especially larger er ones to where nO orte wo%tld, I ° when im p rov ents to the Inter- haveexpected a few yeats ago,„t i state.494t cortor and new High- Sidebari I knob, I know "['ll way 212 are completed.That's why likely get more emnaiks frOM. my Eden Prairians need to continue ultra-ccervative s i.,,,ers (just to support their city as it nears as.nto ioerals wktate to the the completion of its parks, open Eden Xr.11,7 ei Nolvof,46, claiming ' space and trail system plan. ' that I atn a"hypo ",®`-cause the There are a few small but stra- Lapadat house sit i;,�A 4%t used to a tegic gaps that need to be acquired be a woods or a cor -a, M t�� along'Purgatory Creek, the Birch WhenI moved to''off, ®western. :°'lsla d Woods area and elsewhere. Eden Pr ie six y w'�' :;o, it as . These are relatively small pock because of the locatio#tt een my as � of land that should remain part 1 wife's family and where' e works, of existing creek corridors and the schools are tremendous, and natural park areas so that everyone: other reasons.We took one of the families,home owners,apartment 1 last lots in a developt.I didn't renters, businesses-taxpayers all know the history of.Eden Prairie ' when we nai ved in-and I'm still - are not pinched out from what trying to learn more every day.And is already"theirs" (remember,you when you think about it,we all live w don't need to be in a "league" to on what was once open space.The '' be a taxpayer. We all pay taxes; question is, at what point do you some more simply more we're a say, "OIL, we're pretty well coaxed about it than others. But we re out here." Maybe this is one of still concerned about what's good those times. for everybody) This way, Eden Prairie can remain a great city in which to live, work and invest. Bill Lapadat Eden Prairie CITY COUNCIL AGENDA DATE: October 21,2003 SECTION: Public Hearing DEPARTMENT: ITEM DESCRIPTION: I.C. 02-5553 ITEM NO.: Engineering Public Hearing for I-494 (from TH 5 to I-394) r Rodney W. Rue Municipal Consent Requested Action Move to: 1. Close the public hearing and request staff to prepare a municipal consent resolution for the November 18, 2003 City Council meeting. Synopsis Pursuant to Minnesota Statute, Section 161.164,la public hearing is required for consideration of municipal consent for the I-494 improvements. ; :As required, a 30-day public notice was published (on September 18, 2003) in the Sun Current. Individual notices were also sent to the adjacent homeowners along the corridor. Background Information Several open houses were held with adjacent homeowners. The primary issue was noise impacts and mitigation. As a result of MnDOT's work of optimizing the noise mitigation, noise walls will be installed along the west side of I-494 at two locations. One location is adjacent to the Gerard Drive/Gordon Drive neighborhood. The other location is adjacent to the Promontory Drive/Cardinal Creek Road neighborhood. Based on State guidelines, noise mitigation is not justified along the east side(Beach Road) of the corridor nor along the Stonewood Court area. MnDOT has provided us with a cost estimate for our share of the project. Our share is approximately $81,000.00 for traffic signals and drainage ponds. We do have a 12-inch trunk watermain that is affected by this project,but these.costs are MnDOT's responsibility. CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims October 21,2003 SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Management and Budget Payment of Claims VI I Sue Kotchevar Requested Action Move to: Approve the Payment of Claims as submitted(roll call vote) Synopsis Checks 124265— 124653 Wire Transfers 1886- 1888 Background Information Attachments Il8` City of Eden Prairie Council Check Summary 10121/2003 Division Amount General 77,156 I00 City Manager 266 101 Legislative 1,440 102 Legal Counsel 29,174 110 City Clerk 971 111 Customer Service 8,195 112 Human Resources 1,981 113 Communication Services 2,723 114 Benefits&Training 1,178 115 Risk Management 12,171 116 Facilities 8,571 117 City Center 114,937 130 Assessing 27 131 Finance 5,083 132 Social Services 796 133 Community Development 78 135 Information Technology 5 136 Wireless Communication 768 137 Economic Development 28 150 Park Administration 472 151 Park Maintenance 51,789 152 Parks Capital Outlay 4,619 153 Athletic Programs 5,877 154 Community Center 23,138 156 Youth Programs 568 157 Special Events 669 158 Senior Center 2,422 160 Adaptive Recreation 140 161 Oak Point Pool 67 162 Arts 176 163 Park Facilities 433 180 Police 10,410 181 Telecommunicators 60 184 Fire 2,583 185 Animal Control 987 186 Inspections 245 200 Engineering 20 201 Street Maintenance 70,323 202 Street Lighting 889 203 Fleet Services 23,616 204 Equipment Revolving 3,520 301 CDBG 93 303 Cemetary Operation 700 404 Building Refunding 1992A 22,740 416 Certificate Debt Fund 11,046 418 HRA 2002A Lease Revenue Bonds 615 424 G.O.Improvement Bonds 2003D 4,377 502 Park Development 25,581 503 Utility Improvement 52,707 506 Improvment Bonds 1996 288,707 507 Construction Fund 39,748 509 CIP Fund 2,995 511 Construction Fund 1,142,576 512 CIP Trails 15,631 513 CIP Pavement Management 570 601 Prairie Village Liquor 59,142 602 Den Road Liquor 114,776 603 Prairie View Liquor 40,700 701 Water Fund 124,342 702 Sewer Fund 190,858 703 Storm Drainage Fund 9,217 803 Escrow Fund 2,700 Report Total 2,618,389 I City ofEden Prairie Council Check Register 10.2I/2003 Check# Amount Vendor/Explanation Account Description Business Unit 1886 22,740 US BANK TRUST NATIONAL ASSN Interest Building Refunding Bonds 1995A 1887 11,046 ANCHOR BANK Interest S890,000 G.O.Cert.of Indebt 1888 65,744 PUBLIC EMPLOYEES RETIRE A:ENT Employers PERA General Fund 124265 102 BECKER,DAVE Training Supplies Police 124266 238 BLOOMINGTON SECURITY SOLUTIONS Building Repair&Maint Fire Station#1 124267 300 CASEY,JACK Other Contracted Services Senior Center Program 124268 522 CEDARHURST INC Special Event Fees Senior Center Program 124269 10 CENTERPOINT ENERGY Gas Crestwood Park 124270 276 CORPORATE EXPRESS Office Supplies General 124271 377 ECOLAB INC Building Repair&Maint Fire Station#3 124272 53 EDHLUND,ERIC Office Supplies Senior Center Administration 124273 1,694 ELAN FINANCIAL SERVICES Travel Expense City Council 124274 42 EXPRESS MESSENGER SYSTEMS INC Postage General 124275 131 1''h7)EX Postage General 124276 90 GEIS,ROB Clothing&Uniforms Police 124277 29,377 GREGERSON ROSOW JOHNSON&NILA Legal Legal Criminal Procecution 124278 250 HALE,WILLIAM Other Contracted Services Special Initiatives 124279 2,201 HENNEPIN CNTY TREAS-GENERAL Board of Prisoner Police 124280 1,068 HENNEPIN COUNTY SHERIFFS OFFI Board of Prisoner Police 124281 50 INTERNATIONAL ASSOCIATION OF A Other Contracted Services Police 124282 12,171 LEAGUE MN CITIES INS TRUST Insurance Risk Management . 124283 20 LEAGUE OF MINNESOTA C111hS Dues&Subscriptions City Council 124284 61 LEE,TIM Other Contracted Services Senior Center Program 124285 105 MEATH-NELSON,WENDI Other Contracted Services Special Initiatives 124286 500 MINNEAPOLIS COMM&TECH COLLEG Tuition Reimbursement/School Police 124287 180 MINNESOTA BUREAU OF CRIMINAL A Employment Support Test Human Resources 124288 266 MUNICIPALS Conference Expense City Manager 124289 180 NATIONAL PUBLIC EMPLOYER LABOR Dues&Subscriptions In Service Training 124290 168,730 PEMTOM LAND CO. Council Exclusions Charlson Area Construction 124291 56 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Services 124292 61 RYBAKOV,IGOR Other Contracted Services Senior Center Program 124293 60 SMITH,AMY Clothing&Uniforms Telecommunicators 124294 5,349 STANDARD INSURANCE CO Life Insurance EE/ER General Fund 124295 106 TARGET CENTER Special Event Fees Preschool Events 124296 160 TYRA-LUKENS,NANCY Travel Expense City Council 124297 136 VENTURE PUBLISHING INC Operating Supplies Spring Skill Development 124298 15 AIR MASTERS INC Cash Over/Short General Fund 124299 187 ANCHOR PAPER COMPANY Office Supplies General 124300 178 CHOICE INC Other Contracted Services Prairie Village Liquor Store 124301 8 CUSTOM REFRIGERATION INC Cash Over/Short General Fund 124302 109 DELEGARD TOOL CO Equipment Parts Fleet Services 124303 37 JOHNSON,PEG Program Fee Adult Program 124304 160 KING,DONNA Wages No Benefits Fitness Classes 124305 6,053 KMC TELECOM HOLDINGS INC. Telephone Telephone 124306 461 KRAEMERS HARDWARE INC Operating Supplies Water Utility-General 124307 240 ON BELAY OUTDOOR ADVENTURES Instructor Service Outdoor Center 124308 37 PICKERING,MARIE Program Fee Adult Program 124309 163 QWEST Telephone Telephone • • 124310 3,209 RELIASTAR LIFE INSURANCE CO Disability Ins Employers General Fund 124311 41 RIVER CITY SHEET METAL Mechanical Permits General Fund 124312 28 SECRETARY OF STATE Operating Supplies Economic Development 124313 5 SMITH,HOLLY A. Mileage&Parking Den Road Liquor Store 124314 40 TRAPP,SUZANNE Instructor Service Outdoor Center 124315 11 WOLF CAMERA Video&Photo Supplies Police 124316 15,054 XCEL ENERGY Electric Water Treatment Plant 124317 41 YOCUM OIL COMPANY INC Motor Fuels Fire Station#1 124318 101 ACE ICE COMPANY Misc Non-Taxable Prairie View Liquor Store 124319 90 AMERIPRIDE LINEN&APPAREL SER Repair&Maint Supplies Prairie Village Liquor Store 124320 102 ARCTIC GLACIER INC Misc Non-Taxable Den Road Liquor Store 124321 1,934 BELLBOY CORPORATION Wine Imported Den Road Liquor Store 124322 80 BRW ENTERPRISES Wine Domestic Den Road Liquor Store 124323 7,035 DAY DISTRIBUTING Beer Prairie Village Liquor Store 124324 739 EAGLE WINE COMPANY Wine Imported Prairie Village Liquor Store 124325 15,181 EAST SIDE BEVERAGE COMPANY Beer Prairie View Liquor Store 124326 344 GETTMAN COMPANY Misc Taxable Den Road Liquor Store 124327 802 GRAPE BEGINNINGS Wine Domestic Prairie Village Liquor Store 124328 13,388 GRIGGS COOPER&CO Liquor Prairie Village Liquor Store 124329 204 HOHENSTEINS INC Beer Prairie Village Liquor Store 124331 19,035 JOHNSON BROTHERS LIQUOR CO Wine Imported Prairie Village Liquor Store 124332 8,321 MARK VII Beer Prairie Village Liquor Store 124333 361 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store 124334 490 NEW FRANCE WINE COMPANY Wine Domestic Den Road Liquor Store 124335 2,306 PAUSTIS&SONS COMPANY Wine Domestic Prairie Village Liquor Store 124336 7,274 PHILLIPS WINE AND SPIRITS INC Wine Domestic Prairie Village Liquor Store 124337 556 PINNACLE DISTRIBUTING Misc Taxable Prairie Village Liquor Store /36 Cbeck# Amount Vendor/Explanation Account Description Rardit-ec Unit 124338 1,888 PRIOR WINE COMPANY Wine Domestic Prairie Village Liquor Store 124339 6,558 QUALITY WINE&SPIRITS CO Ti a pod a Prairie Village Liquor Store 124340 25,231 THORPE DISTRIBUTING Beer Prairie Village Liquor Store 124341 124 TRI COUNTY BEVERAGE&SUPPLY Mrsc Taxable Prairie Village Liquor Store 124342 2,129 WINE COMPANY,THE Wine Domestic Prairie Village Liquor Store 124343 3,113 WINE MERCHANTS INC Wine Imported Prairie Village Liquor Store 124344 885 WORLD CLASS WINES INC Wine Domestic Den Road Liquor Store 124345 595 AMERTCAN LIBERTY CONSTRUCTION, Deposits Escrow 124346 334 CENTRAL LANDSCAPING INC Deposits Escrow 124347 56 CHASE,JOHN Program Fee Adult Program 124348 80 CTTI-CARGO&STORAGE CO,INC Other Rentals Summer Theatre 124349 64 ELDER-JONES Building Permits General Fund 124350 10 GOVERNMENT FINANCE OFFICERS AS Dues&Subscriptions Finance 124351 164 HAPPY FACES Other Contracted Services Special Initiatives 124352 203 HENNEPIN COUNTY Waste Disposal Park Maintenance 124353 41 HENNEPIN COUNTY TREASURER Licenses&Taxes Park Maintenance 124354 42 HENNEPIN COUNTY TREASURER Waste Disposal Park Maintenance 124355 103 KRUGER,BRIAN Youth Resident Community Center Admin 124356 187 LEMPESIS,BILL Mileage&Parking Prairie View Liquor Store 124357 295 LERN Dues&Subscriptions In Service Training 124358 796 MEALS ON WHEELS Other Contracted Services Housing,Trans,&Human Sery 124359 315 MEDICINE LAKE TOURS Special Event Fees Adult Program 124360 260 MINNESOTA ORCHESTRAL ASSOCIATI Special Event Fees Adult Program 124361 3,935 NORTHLAND SECURITIES INC Bond Issue Costs G.O.Improvement Bonds 2003D 124362 128 OFFICE DEPOT CREDIT PLAN Operating Supplies Summer Safety Camp 124363 296 PEMTOM LAND CO. Deposits Escrow 124364 3,000 POSTAGE BY PHONE RESERVE ACCOU Postage General 124365 2,474 QWEST Telephone Prairie View Park 124366 28 RATHBUN,JOAN Program Fee Adult Program 124367 581 REBS MARKETING Other Contracted Services Water Accounting 124368 266 ROCHON CORP Deposits Escrow 124369 15,000 ROTTLUND CO Cash Park Fees Park Acquisition&Development 124370 295 STAHL CONSTRUCTION Deposits Escrow 124371 245 STATE TREASURER Conference Expense Inspections-Administration 124372 48 THOMAS,MARY Lessons&Classes Ice Arena 124373 442 US BANK TRUST NATIONAL ASSN Paying Agent G.O.Improvement Bonds 2003D 124374 258 WICHER CONSTRUCTION Deposits Escrow 124375 60 WILS Dues&Subscriptions In Service Training 124376 150 WONDERWEAVERS Other Contracted Services Special Initiatives 124377 275 BIFFS INC Waste Disposal Park Maintenance 124378 90 BOHARA,KATHERINE Program Fee Preschool Events 124379 50 BRASPENICK,JYL Program Fee Camps 124380 1,773 CENTERPOINT ENEGY Gas Water Treatment Plant 124381 1,570 HENNEPIN COUNTY SHERIFF'S OFFI Board of Prisoner Police 124382 108,942 HENNEPIN COUNTY TREASURER Licenses&Taxes United Properties 124383 140 IMATION IMAX THEATRE Operating Supplies Teen Programs 124384 192 KURT,KAREN Conference Expense Human Resources 124385 59 LEIN,DONALD AR Utility Water Enterprise Fund 124386 413 MERLINS ACE HARDWARE Operating Supplies Maintenance 124387 199 METRO SALES INCORPORATED* Operating Supplies Police 124388 2,313 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund 124389 210 MINNESOTA BUREAU OF CRIMINAL A Employment Support Test Human Resources 124390 20 MINNESOTA DEPT OF LABOR AND IN Licenses&Taxes Water Treatment Plant 124391 227 MINNESOTA DEPT OF REVENUE Garnishment Withheld General Fund 124392 232 MINNESOTA PRINT MANAGEMENT LLC Office Supplies General 124393 98 MINNESOTA VALLEY ELECTRIC COOP Electric Sewer Liftstation 124394 152 MORROW,LYNN Clothing&Uniforms Police 124395 1,846 MUNICIPAL EMERGENCY SERVICES Protective Clothing Fire 124396 215 NATIONAL RECREATION AND PARK A Dues&Subscriptions In Service Training 124397 3,536 RICHFIELD,CITY OF Autos Public Works 124398 71 SAMS,BETH Travel Expense Police 124399 146 STAAF,CARTER Clothing&Uniforms Police 124400 60 STEIGAUF,ANDREE Training Supplies Fitness Classes 124401 246 UNITED WAY United Way Withheld General Fund 124402 132 WEBER,GREG Travel Expense Police 124403 20 YAHOO! Other Contracted Services Police 124405 401 ASPEN WASTE SYSTEMS INC. Waste Disposal Water Treatment Plant 124406 32 BINO,SUSAN Transportation Senior Center Program 124407 26 CULLIGAN-METRO Operating Supplies Outdoor Center 124408 9 DAVIS,AMY Lessons&Classes Fitness Classes 124409 615 DORSEY&WHITNEY LLP Bond Issue Costs HRA 2002A LEASE REVENUE BONDS 124410 18 ECKERT,ANN MARIE Special Event Fees Senior Center Program 124411 10 HANSON,LOIS Program Fee Senior Center Program 124412 78 HENNEPIN COUNTY TREASURER Operating Supplies Community Development 124413 84 IKI INC Other Contracted Services Senior Center Program 124414 64 IMATION IMAX THEATRE Special Event Fees Senior Center Program 124415 42 KAEDING,KELLY T rgsons&Classes Ice Arena 124416 330 KOTSONAS,GEORGE Other Contracted Services Senior Center Program 124417 50 KUGLIN,JEAN Transportation Senior Center Program la( Check# Amount Vendor!Explanation Account Description Business Unit 124418 3,479 MIDWEST PLAYSCAPES Capital Under S2,000 Round Lake 124419 61 MINNCOMM PAGING Pager&Cell Phone Sewer Lilistation I24420 50 PETTY CASH-EPCC Petty Cash&Change Funds General Fund 124421 98 PROTECTION ONE Other Contracted Services Cummins Grill 124422 36 QWEST Telephone Sewer Liftstation 124423 18 RUMFORD,JOAN Special Event Fees Senior Center Program 124424 8 TIME WARNER CABLE Cable TV Fire 124425 1,489 US POSTMASTER-HOPKINS Postage Water Accounting 124426 2 AMERICAN EXPRESS PUBLISHING MIsc Non-Taxable Prairie View Liquor Store 124427 102 ANDERSON,RACHEL Program Fee Fall Skill Development 124428 856 ASPEN WASTE SYSTEMS INC. Waste Disposal Senior Center 124429 12,902 CENTERPOINT ENERGY MARKETING I Gas Maintenance 124430 238 DEGREE,BETH Mileage&Parking Aquatics&Fitness Admin 124431 20 LEAGUE OF MINNESOTA CITIES Conference Expense Engineering 124432 42 MADER,STEVEN E Other Contracted Services Softball 124433 1,344 MINNESOTA VALLEY ELECTRIC COOP Electric Sewer Liftstation 124434 160 NATIONAL RECREATION AND PARKA Dues&Subscriptions In Service Training 124435 3,559 NILSSEN,BETH Instructor Service Ice Arena 124436 949 QWEST Telephone Sewer Liftstation 124437 343 RICHFIELD,CITY OF Autos Parks Administration 124438 194 ST CLOUD RESTAURANT SUPPLY Cleaning Supplies General Facilities 124439 55 WILS Conference Expense Parks Administration 124440 91 ACE ICE COMPANY Misc Non-Taxable Prairie View Liquor Store 124441 261 AMERICAN INTERTRADE Beer Prairie Village Liquor Store 124442 107 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Den Road Liquor Store 124443 260 ARCTIC GLACIER INC Misc Non-Taxable Prairie Village Liquor Store 124444 5,129 BELLBOY CORPORATION Liquor Prairie Village Liquor Store 124445 3,776 DAY DISTRIBUTING Beer Den Road Liquor Store 124446 1,188 EAGLE WINE COMPANY Wine Domestic Prairie View Liquor Store 124447 7,097 EAST SIDE BEVERAGE COMPANY Beer Den Road Liquor Store 124448 300 EXTREME BEVERAGE Misc Taxable Prairie Village Liquor Store 124449 188 GETTMAN COMPANY Misc Taxable Prairie Village Liquor Store 124450 311 GRAPE BEGINNINGS Wine Imported Den Road Liquor Store 124451 4,761 GRIGGS COOPER&CO Liquor Den Road Liquor Store 124452 977 HOHENSTEINS INC Beer Den Road Liquor Store 124454 23,540 JOHNSON BROTHERS LIQUOR CO Wine Domestic Prairie View Liquor Store 124455 9,184 MARK VII Beer Prairie Village Liquor Store 124456 287 MASS BAR-MATE CORP Misc Taxable Den Road Liquor Store 124457 399 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store 124458 2,272 PAUSTIS&SONS COMPANY Wine Domestic Prairie Village Liquor Store 124459 57 PEPSI COLA COMPANY Misc Taxable Prairie Village Liquor Store 124461 11,263 PHILLIPS WINE AND SPIRITS INC Wine Domestic Den Road Liquor Store 124462 677 PINNACLE DISTRIBUTING Operating Supplies Den Road Liquor Store 124463 4,232 PRIOR WINE COMPANY Wine Imported Prairie Village Liquor Store 124464 6,741 QUALITY WINE&SPIRITS CO Wine Domestic Den Road Liquor Store 124465 8,702 THORPE DISTRIBUTING Beer Den Road Liquor Store 124466 646 WINE COMPANY,THE Wine Domestic Den Road Liquor Store 124467 1,249 WINE MERCHANTS INC Wine Domestic Prairie Village Liquor Store 124468 949 WORLD CLASS WINES INC Wine Domestic Prairie Village Liquor Store 124469 488 A TO Z RENTAL CENTER Small Tools Park Maintenance 124470 105 A TO Z SOUTHWEST RENTAL Operating Supplies Water System Maintenance 124471 697 A/C SERVICE&REPAIR INC Equipment Parts Water Treatment Plant 124472 1,004 ABLE HOSE&RUBBER INC Equipment Parts Water Treatment Plant 124473 511 ABM EQUIPMENT AND SUPPLY COMPA Operating Supplies Park Maintenance 124474 1,047 AIR POWER EQUIPMENT CORPORATIO Equipment Repair&Maint Fire Station#3 124475 45 AIRLINK COMMUNICATIONS INC Computers Capital Impr.I Maint.Fund 124476 1,250 ALPHA VIDEO AND AUDIO INC Video&Photo Supplies Communication Services 124477 134,151 AMERICAN LIBERTY CONSTRUCTION, Other Contracted Services Construction Fund 124478 286 AMERICAN WAFER WORKS ASSOCIATI Training Supplies Water Treatment Plant 124479 716 AOl ELECTRICAL INC Safety Supplies Fleet Services 124480 160 APCO INTERNATIONAL Dues&Subscriptions Police 124481 794 ASSOCIATED WELL DRILLERS INC Equipment Repair&Maint Outdoor Center 124482 222 ATHLETICA Repair&Maint.Supplies Ice Arena 124483 72 AUTO ELECTRIC SPECIALISTS Equipment Repair&Maint Fleet Services 124484 379 BATTCHER AND AERO ELECTRICAL C Other Contracted Services Hidden Ponds Reservoir 124485 4,511 BAUER BUILT TIRE AND BATTERY Equipment Parts Fleet Services 124486 1,085 BENIEK PROPERTY SERVICES INC. Building Repair&Maint. Fire Station#5 124487 38 BERTELSON OFFICE PLUS Office Supplies Water Utility-General 124488 511,177 BITUMINOUS ROADWAYS INC Asphalt Overlay Street Maintenance 124489 1,329 BLOOMINGTON SECURITY SOLUTIONS Building Repair&Maint. Homeward Hills Park 124490 26 BOYER TRUCKS SO.ST.PAUL Equipment Parts Fleet Services 124491 1,714 BRAUN INTERTEC CORPORATION Testing-Soil Boring Improvement Projects 1996 124492 583 BRO-TEX INC Cleaning Supplies Fire Station#3 124493 996 BRYAN ROCK PRODUCTS INC Gravel Water System Maintenance 124494 2,295 BURTON EQUIPMENT INC Building Water Treatment Plant 124495 5,155 CANADA GOOSE PROGRAM,THE Other Contracted Services Storm Drainage 124496 74 CARLSON TRACTOR AND EQUIPMENT Equipment Parts Fleet Services 124497 55 CATCO CLUTCH&TRANSMISSION SE Equipment Repair&Maint Fleet Services 124498 198 CDW GOVERNMENT INC. Operating Supplies Police /aas Check; Amount Vendor/Explanation AccoimtDescription Business Unit 124499 1,491 CEMSTONE Repair&Mint Supplies Storm Drainage 124500 178 CENTRAIRE INC Building Repair&Mint. Outdoor Center 124501 1,190 CHAD NESTOR&ASSOCIATES Other Contracted Services Communication Services 124502 675 CHANHASSEN BUMPER TO BUMPER Equipment Pans Fleet Services 124503 194 CHOICE MARKETING INC Printing Police 124504 1,683 CLAREYS INC Safety Supplies Fleet Services 124505 660 CLOSED CIRCUIT SPECIALISTS INC Equipment Repair&Maint Water Treatment Plant 124506 86 CONCRETE CUTTING&CORING INC Equipment Parts Fleet Services 124507 1,919 CORPORATE EXPRESS Office Supplies Police 124508 516 CUB FOODS EDEN PRAIRIE Conference Expense In Service Training 124509 49 CUSHMAN MOTOR COMPANY INC. Equipment Parts Fleet Services 124510 3,362 CUTLER-MAGNER COMPANY Chemicals Water Treatment Plant 124511 319 CY'S UNIFORMS Clothing&Uniforms Police 124512 77 DALE GREEN COMPANY,THE Landscape Materials/Supp Street Maintenance 124513 3,803 DELANO ERICKSON ARCHITECTS Building Construction Fund 124514 22 DEM CON LANDFILL LLC Waste Disposal Park Maintenance 124515 700 DIETHELM,GARY Other Contracted Services Pleasant Hill Cemetery 124516 147 DIGIGRAPHICS/PHOTOS INC. Office Supplies Police 124517 228 DISPLAYS2GO Office Supplies City Council 124518 20,115 DRT TRANSPORT Other Contracted Services Lime Sludge 124519 532 DYNA SYSTEMS Small Tools Water Treatment Plant 124520 563 ECOLAB INC Repair&Maint Supplies Maintenance 124521 644 EF JOHNSON Equipment Parts Water Treatment Plant 124522 2,125 ELK RIVER CONCRETE PRODUCTS Repair&Maint Supplies Storm Drainage 124523 641 EMERGENCY AUTOMOTIVE TECHNOLOG Equipment Parts Fleet Services 124524 335 ENGINEERED ICE SYSTEMS Repair&Maint Supplies Ice Arena 124525 1,283 EXCEL LANDSCAPING INC Other Contracted Services Park Maintenance 124526 261 FACILITY SYSTEMS INC Other Contracted Services General Facilities 124527 141 FASTENAL COMPANY Small Tools Water Treatment Plant 124528 171 FERRELLGAS Motor Fuels Ice Arena 124529 38 PIKES HYGIENE SERVICES Operating Supplies Den Road Liquor Store 124530 28,243 FINLEY BROS INC Other Contracted Services Park Maintenance 124531 1,077 FISHER SCIENTIFIC Operating Supplies Water Treatment Plant 124532 145 FLYING CLOUD ANIMAL HOSPITAL Canine Supplies Police 124533 799 FRONTIER PRECISION INC Computers Capital Impr./Maint Fund 124534 517 G&K SERVICES-MPLS INDUSTRIAL Other Rentals Park Maintenance 124535 735 GEBO,ROBERT L. Other Contracted Services Softball 124536 65 GINA MARIAS INC Miscellaneous City Council 124537 570 GOODPOINTE TECHNOLOGY CORPORAT Design&Engineering CIP Pavement Management 124538 648 GRAINGER Operating Supplies General Facilities 124539 1,370 GRAZZINI BROTHERS&COMPANY Repair&Maint Supplies Maintenance 124540 116 GREENMAN TECHNOLOGIES OF MN IN Equipment Repair&Maint Fleet Services 124541 211 HACH COMPANY Operating Supplies Water Treatment Plant 124542 9,283 HANSEN THORP PELLINEN OLSON Improvements to Land Park Acquisition&Development 124543 6,642 HARTLAND FUEL PRODUCTS LLC Motor Fuels Fleet Services 124544 1,619 HAWKINS WATER TREATMENT GROUP Chemicals Water Treatment Plant 124545 647 HELLERS CARBONIC WEST Chemicals Water Treatment Plant 124546 452 HIGLEY,STEVE Other Contracted Services Softball 124547 524 HIRSHFIEL DS PAINT MANUFACTURIN Operating Supplies Park Maintenance 124548 10,080 HONEYWELL INC. Other Contracted Services Water Treatment Plant 124549 93 HYDROLOGIC Repair&Maint.Supplies Park Maintenance 124550 . 1,535 ICI DULUX PAINT CTRS Repair&Maint Supplies Water System Maintenance 124551 454 INDUSTRIAL LIGHTING SUPPLY INC Repair&Maint Supplies Water Treatment Plant 124552 1,064 INGRAHAM&ASSOC Other Contracted Services Park Acquisition&Development 124553 543 INSIGHT PUBLIC SECTOR Computers Capital Impr./Maint Fund 124554 1,500 INSPEC INC. Other Contracted Services Capital Impr./Maint.Fund 124555 422 INTERSTATE COMPANIES INC Equipment Repair&Maint Fleet Services 124556 1,428 ITRON INC. Other Contracted Services Water Meter Reading 124557 462 J J KELLER&ASSOCIATES INC Training Supplies Water Utility-General 124558 2,229 JANEX INC Cleaning Supplies Maintenance 124559 80 JERDE,BRENDA Other Contracted Services Volleyball 124560 145 K&H OUTDOORS,INC Other Contracted Services Park Maintenance 124561 26 KINKO'S Video&Photo Supplies Police 124562 52 KRAEMERS HARDWARE INC Operating Supplies Park Maintenance 124563 300 KRISS PREMIUM PRODUCTS INC Repair&Maint.Supplies Water Treatment Plant 124564 147 KUSTOM SIGNALS INC Equipment Repair&Maint Police 124565 554 LAB SAFETY SUPPLY INC Protective Clothing Water Treatment Plant 124566 210 LAKE COUNTRY DOOR Building Repair&Maint. Public Works/Parks 124567 1,057 LAMETTRYS COLLISION Equipment Repair&Maint Fleet Services 124568 1,438 LANO EQUIPMENT INC Other Rentals Park Maintenance 124569 252 LEROY JOB TRUCKING INC Other Contracted Services Animal Control 124570 945 MACQUEEN EQUIPMENT INC Equipment Parts Fleet Services 124571 72 MARKS EDEN PRAIRIE AMOCO Equipment Repair&Maint Police 124572 700 MARTIN-MCAlLISTER Employment Support Test Human Resources 124573 732 MAXI PRINT INC Printing Police 124574 735 MCGREGOR,RANDY Other Contracted Services Softball 124575 125 MCKAY FLOOR COVERING Building Repair&Maint Senior Center 124576 500 MEASURE NOW Operating Supplies City Clerk 124577 731 MENARDS Operating Supplies Park Maintenance 1a3 Check* Amount Vendor!Explanation Account Description Business Unit 124578 128 METRO ATHLETIC SUPPLY Recreation Supplies Volleyball 124579 25 METRO LEGAL SERVICES INC Other Contracted Services 2000 Rehab 124580 I88,266 METROPOLITAN COUNCIL ENVIRONME Waste Disposal Sewer Utility-General 124581 397 METROPOLTTAN FORD Equipment Parts Fleet Services 124582 5,995 METROPOLITAN MECHANICAL Building Repair&Maint City Center Operations 124583 15,796 MIDWEST ASPHALT CORPORATION Waste Blacktop/Concrete Street Maintenance 124584 216 MINNESOTA PRINT MANAGEMENT LLC Office Supplies General 124585 107 MINNESOTA ROADWAYS CO Improvement Contracts CIP Trails 124586 200 MTI DISTRIBUTING INC Equipment Parts Fleet Services 124587 211 NATIONAL WATERWORKS Repair&Maint Supplies Water Meter Repair 124588 490 NATIONWIDE ADVERTISING SERVICE Employment Advertising Human Resources 124589 1,596 NEUMANN,NEAL Other Contracted Services Softball 124590 33 NORTHERN TOOL&EQUIPMENT CO. Small Tools Water System Maintenance 124591 5,073 NORTHSHORE ADVISORS LLC Audit&Financial Finance 124592 128 PETSMART Canine Supplies Police 124593 1,425 PLEHALBLACKTOPPINGINC Improvement Contracts CIP Trails 124594 59 POKORNY COMPANY Building Repair&Maint Public Works/Parks 124595 20,439 PRAIRIE ELECTRIC COMPANY Building Repair&Maint Water Treatment Plant 124596 200 PRAIRIE OFFSET PRINTING Printing Street Maintenance 124597 128 PRINTERS SERVICE INC Equipment Repair&Maint Ice Arena 124598 37 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Services 124599 263 PUBLIC SAFETY PRINTING SERVICE Printing Police 124600 868 QUALITY FLOW SYSTEMS INC Equipment Repair&Maint Sewer Liftstation 124601 1,656 RAY,LEE Other Contracted Services Softball 124602 65 REYNOLDS WELDING SUPPLY CO Operating Supplies General Facilities 124603 23,637 RMR SERVICES INC Other Contracted Services Utility Improvement Fund 124604 4,996 ROAD SURFACING TECHNOLOGIES IN Other Contracted Services Capital Outlay Parks 124605 6,813 RUMPCA CO INC Waste Disposal Tree Removal 124606 41 S H BARTLETT CO INC Repair&Maint Supplies Ice Arena 124607 921 SA-AG INC Building Repair&Maint Water Treatment Plant 124608 150 SCRAP METAL PROCESSORS INC Equipment Repair&Maint Fleet Services 124609 226 SHERWIN WILLIAMS CO Equipment Parts Fleet Services 124610 6 SHERWIN-WILLIAMS Operating Supplies Street Maintenance 124611 3,650 SIGNCRAFTERS Equipment Repair&Maint Marketcenter Reservoir 124612 685,309 SM HENTGES&SONS INC Improvement Contracts Utility Improvement Fund 124613 151 SNAP-ON TOOLS Small Tools Fleet Services 124614 2,178 SNELL MECHANICAL INC Equipment Repair&Maint Maintenance 124615 84 SOUTHWEST LOCK&KEY Repair&Maint Supplies Maintenance 124616 1,362 SOUTHWEST SUBURBAN PUBLISHING- Employment Advertising Human Resources 124617 24 SPORTS WORLD USA INC Operating Supplies Maintenance 124618 57,382 SRF CONSULTING GROUP INC Design&Engineering Charlson Area Construction 124619 38 STAR TRIBUNE Misc Non-Taxable Den Road Liquor Store 124620 56 STAR TRIBUNE Dues&Subscriptions In Service Training 124621 1,520 STEMPF AUTOMOTIVE INDUSTRIES I Equipment Parts Fleet Services 124622 5 STERLING FENCE INC Repair&Maint Supplies Park Maintenance 124623 69 STEVE LUCAS PHOTOGRAPHY Video&Photo Supplies Police 124624 1,628 STRETCHERS Training Supplies Police 124625 22 SUBURBAN PROPANE Lubricants&Additives Fleet Services 124626 1,263 SUBURBAN TIRE WHOLESALE INC Tires Fleet Services 124627 6,328 SUMMIT ENVIROSOLUTIONS Other Contracted Services Utility Improvement Fund 124628 471 SUN NEWSPAPERS Legal Notices Publishing City Clerk 124629 145 SWEDLUNDS Waste Disposal Outdoor Center 124630 221 TIERNEY BROS INC Capital Under$2,000 Fleet Services 124631 108 TRISSELL COMPUTERS Computers Capital Impr./Maint Fund 124632 287 TWIN CITIES&WESTERN RAILROAD Licenses&Taxes Water Utility-General 124633 112 TWIN CITY OXYGEN CO Lubricants&Additives Fleet Services 124634 659 UNITED RENTALS Equipment Parts Fleet Services 124635 15 UNLIMITED SUPPLIES INC Equipment Parts Fleet Services 124636 3,754 VERNCO MAINTENANCE INC Other Contracted Services Water Treatment Plant 124637 2,697 VESSCO INC Equipment Parts Water Treatment Plant 124638 64 VOSS LIGHTING Equipment Repair&Maint Maintenance 124639 426 VWR INTERNATIONAL INC Operating Supplies Water Treatment Plant 124640 1,530 WATER SPECIALTY OF MN INC Chemicals Pool Maintenance 124641 3,092 WATSON CO INC,THE Merchandise for Resale Concessions 124642 118 WAYTEK INC Equipment Parts Fleet Services 124643 3,442 WERNER ELECTRIC SUPPLY CO. Equipment Parts Water Treatment Plant 124644 121 WEST WELD Equipment Parts Fleet Services 124645 5,154 WESTERN LIME CORPORATION Chemicals Water Treatment Plant 124646 186 WM MUELLER AND SONS INC Machinery&Equipment Park Acquisition&Development 124647 27 WOLF CAMERA Video&Photo Supplies Assessing 124648 4,053 WORK CONNECTION-BPARK Other Contracted Services Park Maintenance 124649 64 WORM,SANDY Landscape Materials/Supp Park Maintenance 124650 345 X-ERGON Repair&Maint Supplies Water Treatment Plant 124651 5,882 YALE MECHANICAL INC Equipment Repair&Maint Water Treatment Plant 124652 550 ZEP MANUFACTURING CO Equipment Parts Fleet Services 124653 441 ZOELLNER,MARK Other Contracted Services Softball 2,618,389 Grand Total /C.) / CITY COUNCIL AGENDA DATE: 10/21/03 SECTION: Ordinances and Resolutions DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Management and Budget/Planning �{ Scott H. Neal Costco Wholesale ff. A . Scott A. Kipp Requested Action Move to: • Approve 2°a Reading of the Ordinance for PUD District Review, with waivers on 18.1 acres, Zoning District Change from I-5 to Commercial Regional Service on 18.1 acres; and • Resolution for Site Plan Review on 18.1 acres. Synopsis This is for a 148,663 square foot Costco Wholesale,tire center and gas. Background The ordinance and the resolution take effect no later than April 15, 2004 based on Costco delivering a fully executed and acknowledged developer agreement. Emerson does not want to be subject to two different agreements since Costco is not purchasing the property until March 31, 2004. Emerson needs to vacate the existing building and transfer the property to the Emerson Charitable Trust. The trust will then sell the land to Costco. Costco and Emerson Rosemount informs us that the purchase agreement requires that all zoning approvals be obtained several months prior to closing. Costco does not wish to proceed with more extensive planning until it knows the approvals are granted. Staff is unwilling to recommend approval without an executed and acknowledged agreement, so the ordinance has been prepared with the following conditions. • The approvals granted by the City as set forth in the Ordinance and Resolution are contingent upon receipt by the City of a fully-executed and acknowledged "Costco Developer's Agreement"no later than April 15, 2004. The approvals granted by the City include r ezoning the 1 and from the Rural Zoning District t o the C ommercial Regional Service Zoning District and including the land in the Planned Unit Development PUD- 16-2003-Commercial Regional. • The Ordinance and Resolution become effective from and after passage, publication of the Ordinance and receipt by the City of the Costco Developer's Agreement as set forth above. Publication will not occur until the City has received the Costco Developer's 1g-5 Agreement. If the City does not receive the Costco Developer's Agreement by April 15, 2004, the approvals granted are null and void. Attachments 1. Ordinance for PUD District Review with waivers and Zoning District Change 2. Resolution for Site Plan Review 1 D-6 COSTCO WHOLESALE CORPORATION CITY OF EDEN PRAIRIE HENNEPIN COUNTY,NIINNESOTA ORDINANCE NO.29-2003-PUD-16-2003 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH,AMONG OTHER THINGS,CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land")is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the I-5 Zoning District and be placed in the Planned Unit Development Commercial Regional Service Zoning District 29-2003-PUD-16-2003 (hereinafter "PUD-16-2003-Commercial Regional Service"). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of October 21, 2003, entered into between Costco Wholesale Corporation., and the City of Eden Prairie, (hereinafter "Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD-16-2003-Commercial Regional Service, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-16-2003-Commercial Regional Service is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-16-2003-Commercial Regional Service is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-16-2003-Commercial Regional Service are justified by the design of the development described therein. D. PUD-16-2003-Commercial Regional Service is of sufficient size, composition, and arrangement that its construction, marketing, and operation are feasible as a complete unit without dependence upon any subsequent unit. Section 5. Contingent upon receipt by the City of a fully-executed and acknowledged "Costco Developer's Agreement" no later than April 15, 2004, the proposal is hereby adopted and the land shall be, and hereby is removed from the Rural Zoning District, and placed in the Commercial Regional Service Zoning District and shall be included hereafter in the Planned Unit Development PUD-16-2003-Commercial Regional Service and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage, publication and receipt by the City of the Costco Developer's Agreement as set forth in Section 5 above. Publication shall not occur until the City has received the Costco Developer's Agreement. If the City does not receive the Costco Developer's Agreement as set forth in Section 5 above by April 15,2004,the approvals granted herein are null and void. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 5th 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 21st day of October, 2003. ATTEST: Kathleen A. Porta, City Clerk Nancy Tyra-Lukens,Mayor PUBLISHED in the Eden Prairie Sun Current on lag EXHIBIT A PUD Legal Description — Costco Wholesale Legal Description Before Final Plat That part of the following described parcels: The West One-half of the east One-half of the Northwest Quarter of the Northwest Quarter of Section 14, Township 116,Range 22,Hennepin, County,Minnesota. Together with: The East One-half of the East One-half of the Northwest Quarter of the Northwest Quarter of Section 14,Township 116,Range 22,Hennepin County,Minnesota, described as follows: Commencing at the northeast corner of said East One-half of the Northwest Quarter of the Northwest Quarter; thence South 88 degrees 24 minutes 26 seconds West, assumed bearing along the north line of said East One-half of the Northwest Quarter of the Northwest Quarter, a distance of 14.50 feet; thence South 00 degrees 36 minutes 38 seconds East, a distance of 119.39 feet to a line 75 feet south of and parallel to a line described in Document Number 3087392 and to the point of beginning of the land to be described; thence continuing South 00 degrees 36 minutes 38 seconds East, a distance of 1188.49 feet to the south line of said East One-half of the Northwest Quarter of the Northwest Quarter; thence South 88 degrees 25 minutes 46 seconds West, along said south line of the East One-Half of the Northwest Quarter of the Northwest Quarter, distance of 663.31 feet to the west line of said East One-half of the Northwest Quarter of the Northwest Quarter; thence North 00 degrees 26 minutes 46 seconds West, along said west line of the East One-half to the Northwest Quarter of the Northwest Quarter, a distance of 1195.90 feet to said line 75 feet south of and parallel to a line described in Document 3087392; thence North 89 degrees 04 minutes 05 seconds east along said line 75 feet south of and parallel to a line described in Document Number 3087392 a distance of 659.79 feet to the point of beginning. Legal Description After Final Plat Lot 1,Block 1,Emerson Process Management Addition,Hennepin County,Minnesota lact COSTCO WHOLESALE CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2003- A RESOLUTION GRANTING SITE PLAN APPROVAL FOR COSTCO WHOLESALE BY COSTCO WHOLESALE WHEREAS, Costco Wholesale, has applied for Site Plan approval of Costco Wholesale for construction of a 148,663 square foot Costco Wholesale, tire center and gas,by an Ordinance approved by the City Council on October 21,2003; and WHEREAS,the Community Planning Board reviewed said application at a public hearing at its July 14,2003 meeting and recommended approval of said site plans; and WHEREAS, the City Council has reviewed said application at a public hearing at its August 5, 2003 meeting; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that, contingent upon receipt by the City of a fully-executed and acknowledged "Costco Developer's Agreement" no later than April 15, 2004, site plan approval be granted to Costco Wholesale for Costco Wholesale, based on plans dated July 25, 2003,between Costco Wholesale, and the City of Eden Prairie. BE IT FURTHER RESOLVED THAT this Resolution shall become effective from and after its passage, publication and receipt by the City of the fully executed and acknowledged Costco Developer's Agreement. If the City does not receive the Costco Developer's Agreement as set forth above by April 15, 2004, the approval granted herein is null and void. ADOPTED by the City Council of the City of Eden Prairie this 21st day of October, 2003. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen A. Porta, City Clerk 130 COSTCO WHOLESALE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 29-2003-PUD-16-2003 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows rezoning of land located at 12005 Technology Drive, from the I-5 Zoning District to Commercial Regional Service Zoning District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen A. Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie Sun Current on . (A full copy of the text of this Ordinance is available from City Clerk.) 13I CITY COUNCIL AGENDA DATE: SECTION: Petitions and Requests October 21,2003 DEPARTMENT: ITEM NO.: ITEM DESCRIPTION: Robert A. Lambert �-�— Director of Parks&Recreation Requests from Friends of Birch Island Woods Requested Action Move to: Request staff to prepare a report identifying methods of acquiring and financing the expansion of Birch Island Woods Conservation Area with a 4.04 acre privately owned parcel on the north side of Birch Island Road and identify any interest property owners may have in selling a conservation easement over this same property. Synopsis The Friends of Birch Island Park have requested the City Council to direct staff to identify methods of acquiring and financing the expansion of Birch Island Woods Conservation Area with a 4.04 acre parcel and evaluate the feasibility and cost of attaining a conservation easement over that same parcel for preservation purposes. The parcel is owned by two families, one of the families is prepared to sell the property for development at this time. Friends of Birch Island Woods would like the City Council to authorized applying for a matching grant funds for acquisition of this parcel and committing money for the City's portion of a matching grant. Background Information The City of Eden Prairie is in the process of acquiring the Birch Island Woods Conservation Area from Hennepin County through a contract for deed. The general boundaries of the Birch Island Woods Conservation Area are Birch Island Road to the south, Edenvale Boulevard to east, Indian Chief Road to the north and east, and the Twin Cities and Western Railroad to the west. The only developable parcel within that boundary is the 4.04 acre parcel owned by the Picha families. The City could expect the cost of the parcel to be in the range of$800,000. Jeff Strate, a member of the Friends of Birch Island Woods appeared before the Parks, Recreation and Natural Resources Commission at their October 6 meeting to request the Commission support the request from the Friends of Birch Island Woods. The Parks, Recreation and Natural Resources Commission recommended the City Council evaluate the feasibility of acquiring the parcel provided the Friends of Birch Island Woods were able to raise a significant portion of the matching funds necessary for acquisition of this parcel. Attachments: Letter from Terry Picha RAL:bju 13a / We would like to request that the Parks Commission recommend to the City Council that it direct pertinent city staff to - 1) identify methods of acquiring and financing the expansion of the Birch Island Woods Conservation Area with a 4.4-acre, privately-owned parcel on the north side of Birch Island Road, and 2) identify elements of a possible use easement or conservation easement on the same privately-owned parcel north of Birch Island Road and identify the process of implementing such easements including compensation for the landowners and financing that compensation. 3) identify issues related issues. WHAT DO WE NEED TO HAPPEN? At least 20 % of the total purchase price of the 4 acres needs to be included in a Parks and Recreation bonding referendum to be held this spring. But Eden Parisians and our officials need to be reminded how important it is; it is also comparatively cheap compared to other projects the city may be asked to persue The 20% would qualify the city to apply for matching grants from the State and other sources to help buy the woods. The actual net cost to Eden Prairians could be from $200,000 to $400,000. NOTES ON COSTS: The 4 acre parcel will probably be appraised at between $700,000 to $800,000 (Remember, the city would most likely figure out a way in which taxpayers, via the referendum would only have to account for $200,000 to $350,000 --these are estimates If the city detects that no one is interested in saving the 4 acre Birch Island Road parcel, it will not include the parcel in the referendum. The city is doing a phone survey to determine if people want to save more open space, to renovate and expand the community center and build a water slide park (and possibly to adapt Metropolitan Airports Commission land for football, lacrosse and soccer fields. 133 10/05/2003 21:54 612-906-9792 J STRATE TU HIDED PAGE 02 }04& ZoFZ October 6, 2003 Eden Prairie Park Commission, Regarding the impending liquidation of 4.04 acres of Picha Partnership land. We would like to keep the 4.04 acres of Picha Partnership land from being developed if at all possible. One possibility would be to sell the property to the City of Eden Prairie Parks Department. The Birch Island Woods Conservation arca borders this parcel on 3 sides. This parcel could then be incorporated into the conservation area instead of having 8 to 10 homes on it. My brother and I have 50% ownership in this property. Our uncle and aunt own the other 50%. They are getting up in age and want to liquidate this piece of property soon. Developers are obviously very interested in purchasing this property to build homes on. If this is to be part of the Birch Island Woods Conservation Area it will have to be done fairly soon. I feel this would be the best use for the parcel and will work to make it happen if the city is interested. Sincerely, Terry Picha I3Li CITY COUNCIL AGENDA DATE: SECTION: Reports of Directors October 21, 2003 DEPARTMENT: ITEM DESCRIPTION: ITEM NO.: Scott Neal, City Manager C.H.Robinson Lease Negotiations Y 1E, Synopsis The City Attorney,David Lindahl and Scott Neal will be meeting in a final round of lease negotiations with representatives of C.H.Robinson Company on Monday, October 20. It is expected that these discussions will go long into the night on Monday,but produce a final lease document that both parties can support. City staff will present the final lease document to the City Council on Tuesday, October 21. The Council will be asked to act on the final lease document at the Council meeting on October 21. The City Attorney and City Manager will share their joint recommendation with the Council that evening. CITY COUNCIL AGENDA DATE: SECTION:Report of Director of Parks and Recreation October 21,2003 DEPARTMENT' ITEM NO.: ITEM DESCRIPTION: Robert A.Lambert - Ponding Requirements within Round Lake Park n ' Director of Parks&Recreation Requested Action Move to: Approve the proposed concept plan for providing ponding requirements necessary with the improvements to the Valley View Road/County Road 4 intersection. Synopsis The Riley Purgatory Bluff Creek Watershed District requires 2.3 acre feet of storage in ponds on the north-east side of Round Lake to treat the storm water run-off from the Community Center parking lot, Valley View Road and the ballfields north and east of Round Lake. In order to accommodate the ponding requirements the City would be required to either remove some parking facilities or a ballfield. Attached is a plan depicting the preferred ponding locations which will eliminate the parking lot immediately west of the fire station north of Valley View Road and would also require removal of a significant number of trees in the proposed ponding area immediately north of the tennis court parking lot south of Valley View Road. The Parks, Recreation and Natural Resources Commission recommended to consider delaying this project until after a referendum if the referendum includes a pool project that would affect this road and pond alignment. Background Information In 1999, the Riley Purgatory Bluff Creek Watershed District completed a study of the watershed for Round Lake and recommended a number of steps that must be taken in order to improve the water quality in that lake. One of the primary recommendations was to provide storage ponds at todays standards to treat run-off from Valley View Road,the Community Center parking lot, and the ballfields north and east of Round Lake. Hennepin County and the City are working on a joint project to improve the intersection of . Valley View Road and County Road 4 to accommodate the traffic generated by the high school. As a part of the road improvement project,the Riley Purgatory Bluff Creek Watershed District is requiring the City to meet the NURP standards for treating storm water run-off in that area. This will require construction of 2.3 acre feet of pond storage. The City has very little choice on location of these ponding sites as water must run down hill. The attached plan depicts removal of the parking lot west of the fire station, and development of a pond north of the tennis court parking lot on the south side of Valley View Road. This parking lot is used by Southwest Metro for their daily commuters and is the location of the tent for the i , Ponding Requirements within Round Lake Park October 21,2003 Page 2 Lion's Club during their Schooner Day's event. The Lion's Club paid for the construction of the parking lot and for the extension of electrical services to accommodate their event many years ago. City staff have met with representatives from the Eden Prairie Lion's Club to discuss alternative locations for their tent for their Schooner Day's event, and have discussed the possibility of relocating the Schooner Day's event in the future. The pond south of the road would have to be reconfigured if the City constructs an outdoor pool at the Community Center. The outdoor pool would trigger a realignment of a portion of Valley View Road further to the south. The southern pond relocation would be directly adjacent to the tennis court parking lot and would require removal of a significant number of trees. City staff would not recommend putting the pond there until the Council is certain there will be an outdoor pool at that location. The proposed improvements to Valley View Road including the development of these ponds will take place in the Summer of 2004, after the 2004 Schooner Days. Attachment Proposed Plan for Road and Pond Improvements RAL:bju • •---.„--•-,----,----,—.---4 ..--.7---,. - -t---7.-F- -7:777 7'1.--7,-"11-77-1 ,.„,..„_.,.,,,--7-,--..,:--7.7.. -,7.<,7- -,7.-,.V.- -•:',•:.„-,.--•,..,':.7. -'.',•,":1'1'.'.,, .'''"7"' .7%-'.":'''',,,'""—'' '-:, , '',''' -.• 1-''',4,-",/ "I''.'.:-. '• • , II' . ,, 7'"" ''''''''''7,77",777-2-77% ‘, ',.:7,:•:,,,,,L.:',.''1.-'-7.7.7.7:.-•....:',.•;••,.-.----....--7; '••.''.•.-:-:•'; ''.-. ..--_-'•.---.,:,:..-.--,•','', .•'.- .. ,- • , . -• .:., - - - __,...'.; •••• -'.;',,- •=-4 ; 1,0 ,i• - q 1 r 14 .. •._ •. 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