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Home My WebLink AboutCity Council - 01/20/2004 AGENDA EDEN PRAIRIE CITY COUNCIL WORKSHOP /FORUM TUESDAY,JANUARY 20, 2004 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, Jan Mosman, and Philip Young CITY STAFF: City Manager Scott Neal, Police Chief Dan Carlson, Fire Chief George Esbensen, Public Works Director Eugene Dietz, Parks and Recreation Director Bob Lambert, Parks and Natural Resources Manager Stu Fox, Recreation Services Manager Laurie Obiazor, City Attorney Ric Rosow, and Recorder Lorene McWaters Heritage Room II I. CALL MEETING TO ORDER II. APPROVAL OF AGENDA III. DISCUSSION OF PARK REFERENDUM A. 2004 PARK REFERENDUM BACKGROUND INFORMATION B. POTENTIAL REFERENDUM QUESTIONS IV. PUBLIC EDUCATION PROCESS V. OTHER TOPICS Council Chamber VI. OPEN FORUM VII. OPEN PODIUM VIII. ADJOURNMENT MEMORANDUM To: Mayor and City Council Parks,Recreation and Natural Resources Commission 0 From: Robert A. Lambert,Director of Parks and Recreation Date: January 20, 2004 Eden Prairie Subject: Potential Referendum Questions COMMUNITY CENTER IMPROVEMENT/FAMILY AQUATIC CENTER If the City Council decides to allow residents to vote on all of the proposed improvements at the Community Center and the Family Aquatic Center the estimated cost for that improvement project would total$16.5 million, with the following breakdown: $7.3 million Community Center improvements $7.9 million Family Aquatic Center $1.3 million Site work/parking If the Council chose to limit the expenditures on those projects, staff would recommend considering a redesign of the Family Aquatic Center to a design that would be more efficient to operate and that would generate the maximum amount of revenue for the investment. Staffbelieves that a$6 to a$6.5 million investment in the pool facility would provide the funds to develop the type of the Family Aquatic Center that would generate sufficient revenue to pay its operating cost plus provide sufficient revenue to reinvest in new attractions every two to three years. Although the pool study committee did recommend a six-lane, 50-meter pool to accommodate the Foxjets and other competitive swimmers, City staff does not support investment in that facility as it will be expensive to construct, take up a great deal of space, expensive to operate(guard) and will not be a major attraction for a Family Aquatic Center needing to generate revenue to pay operating costs. The Foxjets do have a very successful competitive swim program and must rent pool space for their summer practice and meets from other communities. If the Council wants to subsidize that program, the cost for that pool is about $1 million. The cost to complete the site work necessary to accommodate the development of the pool, expansion of the Community Center and to double the parking facilities necessary to accommodate these changes will cost between$1.1 and$1.3 million. If the Council chooses to reduce the amount spent on a pool(and eliminate the 50-meter pool)the cost for Community Center improvements and pool could be reduced from $16.5 million to approximately$15.5 million. If the Council chooses to add one or more of the capital repairs for the ice arena that cost would have to be added to the referendum amount. Potential Referendum Questions January 20, 2004 Page 2 IMPROVEMENTS TO PARK AND OPEN SPACE SYSTEM City staff would recommend the City Council consider including$4 million for improvements to the park and open space system.These improvements would be for facility improvements to the existing park system with a$4 million from a referendum, plus the amount of park dedication fees that have been budgeted toward the partial funding of these projects. With donations or grants from the Athletic Associations staff believe the City could provide over $8 million worth of facility improvements for the$4 million referendum investment. The following projects indicate what could possibly be funded with a combination of referendum, park dedication funds, Athletic Association donations and grants: Referendum Improvement Park Dedication Athletic Total Costs Amount Project Fee Association Contribution Donation or Grant $1.3 million Flying Cloud 0 $0 $1.3 million Field Expansion $300,000 Miller Park $250,000 $50,000 $600,000 Softball Complex $500,000 Miller Park $450,000 $350,000 $1.3 million Baseball Stadium $300,000 Football/ Soccer $250,000 $100,000 $650,000 Storage Concession Building $1 million Third Rink $0 $1 million $3 million ($1 million in revenue bonds) $600,000 Land Acquisition $0 $600,000 Grant $1.2 million for Park Trails (Purgatory Creek Valley and Riley Creek Valley) $4 million TOTALS $950,000 $1.5 million $8.05 million $600,000 Grants The only items not included in this project list would be the acquisition of the land for Birch Island Woods. City staff believes that it would be difficult to pass a referendum for land acquisition if it included an intent to spend over$3 million for slightly over four acres of land.If the Council believes that the City residents should have an opportunity to vote on that question that could be a separate question. Potential Referendum Questions January 20,2004 Page 3 STRUCTURING THE QUESTIONS) City staff would strongly recommend the Council consider a single question referendum. The park and open space system has been developed with a series of referendums that required people that wanted one particular improvement in a park system to support improvements that would be utilized by others as well. That philosophy is why Eden Prairie has such a wonderful park system that addresses the needs of such a wide variety of individuals.People should support improvements to the total park system rather than just picking or choosing the one or two items that they themselves would utilize. A high quality park system that offers a wide variety of recreation opportunities for people of all ages and abilities is a key component to the quality of life in this community and the continued high value of not only residential properties,but also business properties. Recently our City Manager asked the owner of a large company in Eden Prairie, "What was the single most important thing Eden Prairie could do to encourage businesses to move to Eden Prairie and to discourage businesses from leaving this community?"His response was,"Continue to invest in your park system". REQUEST City staff request the City Council to decide what items should be included on the referendum as well as how much money should be allocated to those items and whether or not there should be a single or multiple questions for this referendum. RAL:bju G:\Brenda\Letter&Memos\Lambert 2004\Memorandum\Potential Referendum Questions.doc MEMORANDUM To: Mayor and City Council Parks,Recreation and Natural Resources Commission 0 From: Robert A. Lambert, Director of Parks and RecreationY- Date: January 20, 2004 Eden Prairie Subject: Community Center Improvements and Family Aquatic Center Task Force Reports Attached to this memorandum is a copy of the Community Center Improvement Study as well as the portion of the Pool Study Committee Report that made comparisons with outdoor family aquatic centers from other suburban communities, as well as the final recommendation by that committee. This information is provided to the Council and Commission Members as some members from each of those bodies were not serving in their current position when these reports were reviewed and approved by the Parks Commission and City Council. Projects Not Included in the CIP City Council should also be aware that there are a number of Community Center improvements that were cut from the approved Capital Improvement Program because existing funding sources would not cover these costs. Staff anticipated the possibility of including these projects with funds that might be generated through a referendum. 1. Community Center Rink One Ice Freon Piping: estimated cost $500,000 2. Conununity Center Re-roof: estimated cost$250,000 3. Changing Ice Refrigeration System from Freon(R22)to brine: estimated cost$500,000 If the City Council decides to include Community Center improvements in a 2004 referendum, staff would recommend providing funds within that referendum to address these necessary building improvements. Freon(R22)will not be allowed in new equipment after 2010 and will not be made after 2020. The refrigeration system for rink one will have to be replaced during the summer of 2004,with or without a referendum, at a cost of approximately$500,000. Attachments: Community Center Improvements Study Memo (Feb 25, 2003) Outdoor Aquatic Center Final Report(pages 37-61) G;\Brenda\Letter&Memos\Lambert 2004\Memorandum\Community Center Improvements and Family Aquatic Center Task Force.doc Y• MEMORANDUM • To: Parks,Recreation and Natural Resources Commission 0 Through: Bob Lambert,Director of Parks and Recreation • MEMOFrom: Laurie Obiazor,Manager of Recreation Services gP Men Prairie Date: February 25,2003 • Subject: Community Center Improvement Study • Request • Motion: Move to approve the Community Center Concept Plan as prepared by Delano • Erickson Architects, and approved by the Community Center Improvement Study Committee and the Outdoor Pool Feasibility Study Committee at the February 18, 2003 joint committee meeting. Synopsis On October 7,2002 the Parks,Recreation and Natural Resources Commission approved the committee charter statement appointing an ad hoc committee to evaluate the improvements needed at the Community Center. On November 4, 2002 the Parks,Recreation and Natural Resources Commission appointed nine representatives to serve on the ad hoc committee; a Foxj et Board member, a Hockey Association Board member, a Figure Skating Club member, a School District staff person, three Community Center members, and two members of the Parks, Recreation and Natural Resources Commission. The committee first met on November 18,2002 with Del Erickson to evaluate the improvements needed at the Community Center to address complaints, concerns, and requests, as well as recommendations for improving services needed and expected at municipal community centers. Del Erickson is the architect who designed the.second ice rink and the concept plan for the proposed third ice rink. He also designed a concept plan for various improvements to the • Community Center which was approved by the City Council about ten years ago. On December 7, 2002 the committee members toured the Maple Grove Community Center, Shoreview Community Center and the Chaska Community Center. On December 17, 2002 the committee members reviewed their thoughts and comments about the community centers they visited. The committee then developed a list of improvements and additions for the Eden Prairie -Community Center which they conveyed to Del Erickson. r On January 14,2003 the committee reviewed concept plans for various expansion options and obtained consensus from the committee on a preferred option. The committee also discussed the cost estimates of various components. On January 27,2003 the committee reviewed and approved the conceptual site plan as presented by the Del Erickson,with additional comments received from the committee to be incorporated into the plan before the next meeting. On February 18,2002 the Community Center Improvement Study Committee and the Outdoor Pool Feasibility Study Committee approved the Community Center Concept Plan prepared and presented by Del Erickson. Background The Eden Prairie Community Center was constructed in 1981 to provide family oriented indoor recreation facilities. In 1990,the City Council sold revenue bonds to fund the second rink, which opened in 1992. The Center's ice rinks and indoor swimming pool have been the facility's major activity anchors, supported by community rooms,the fitness center, and three - - racquetball courts. A Community Forum was held in October 2000 to gain insight from residents on future recreation and leisure needs. Sixty-one percent of the residents who participated in the electronic brainstorming session believed that there is a need for additional recreational facilities and improvements to the existing facilities at the Community Center. The Community Survey completed in January 2001 indicated that the majority of Eden Prairie residents expected the City to make improvements to the Community Center. The majority of those residents supported an outdoor water park as the highest priority improvement,followed by a multi use area to provide youth and teen programs and services, as well as expanded fitness facilities. Additions and Improvements . Please refer to the attached Community Center Improvement Study Architect's Report prepared by Del Erickson which outlines the proposed additions,improvements and cost estimate. The Community Center Concept Plan includes the following additions and improvements: Exterior • Expansion of the parking lot,which would require relocation of the baseball field and elimination of two softball fields north of Valley View Road. • Reconfigure parking lot layout to separate flow through traffic from the parking lot; - access drive(Constitution Avenue)connecting Valley View Road with the private school access drive. • Make the drop-off area larger and not such a tight turn. - • 2 • Tier II Skate Park with adjacent picnic area(15,000 S.F.)proposed future expansion'on the north side of the Community Center. Lower Level • Expansion of the main lobby area(3,600 S.F.). • Addition of a multi use gymnasium with storage space. • Addition of a multi use area(1,500 S.F)for teens, seniors, etc. adjacent to the gymnasium. • Addition of a foyer(1,000 S.F.)to access the gym and Rink I. • Addition of four team rooms under the spectator seating area on the east side of Rink I. • Expanded skate lounge area on the south end of Rink I. • Future storage (1,000 S.F.) and future training area(4,000 S.F.) on the north end of Rink I. • Convert racquetball court 3 into storage (750 S.F.). • Retain meeting rooms A&B. • Addition of a control desk and administrative offices (1,500 S.F.)in the central lobby area. • • Retain public restrooms on main level. • Addition of a concession area(1,000 S.F.) and a food lounge(1,500 S.F.) off the main lobby on the south side of the Community Center. • Addition of a Child Care Center(1,100 S.F.). • Expansion of the existing locker rooms (4,000 S.F.). • Addition of a separate hallway to Rink II. • Excavation of the existing indoor swimming pool to a depth that would allow competitive swimming teams to resume using starting blocks. .3 Upper Level • Retain meeting room C. • Convert racquetball court 3 upper level to a meeting room. • Expand existing fitness center to include an aerobics room(1,400 S.F.), free weight area (1,000 S.F.) and large workout room for fitness machines (4,000 S.F.). • Option for a sun deck on the south end of the fitness center area overlooking the proposed outdoor pool complex. • Addition of public restrooms in the upper lobby area next to the fitness center. • Addition of spectator seating on the upper level for the indoor pool. • Addition of a view lounge area between the indoor pool and Rink I. • Future view gallery and future upper training area on the north end of Rink I. • Closed deck bleacher seating upper Rink I. • Addition of a lounge, concession/vending area on the upper level on the east side of Rink I. • Addition of a walking track(5,000 S.F.) around Rink II upper level(8 laps=•1 mile). Estimated Cost The estimated cost for the expansion of the Community Center is 7.3 million dollars. Recommendation Del Erickson of Delano Erickson Architects will attend the March 3rd Commission meeting to give an executive suminary'of the Community Center Improvement Study and to answer questions regarding this proposed project. Jeffrey Gerst, Chair of the Community Center Study Committee will also be able to discuss the committee's recommendation for additions and improvements to the Community Center. Attachments: Charter Statement Architect's Report 4 CHARTER STATEMENT PARKS,RECREATION AND NATURAL RESOURCES COMMISSION AD HOC COMMITTEE COMMUNITY CENTER IMPROVEMENT STUDY Purpose Statement: Evaluate the improvements needed at the Community Center to address complaints, concerns, and requests, as well as recommendations for improving services needed and expected at municipal community centers. ROLES AND RESPONSIBILITIES Task Force Responsibilities: A. Provide input to the staff and consultant regarding community needs and desires for improvement and or expansion of the Community Center. B. Assist the consultant and staff in determining the various facilities that should be improved or expanded and the priority of those improvements. C. Review all information provided by staff and the consultant regarding the impact of those proposed improvements on operation and maintenance costs,as well as projected revenue. D. Recommend to the Parks,Recreation and Natural Commission the improvements that should be considered by the Commission and the City Council for a possible referendum question in 2003. Staff Responsibilities: A. Provide information regarding requests and concerns of Community Center users for improvement, as well as recommendations from staff regarding operational issues that should be addressed in any improvement plan. B. Provide data from the most recent Community Survey regarding Conununity Center improvement needs. C. Develop meeting agenda and provide support materials. • D. Draft the written recommendation to the Parks, Recreation and Natural Resources Commission and the City Council as supported by the ad hoc committee. Consultant Responsibilities: A. Collect information from the Task Force and staff regarding desirable improvements and/or expansion needs of the Community Center and prepare up to three schematic plans that would address those needs. B. Provide cost estimates for the various requested improvements and for each of the schematic concept plans. Community Center Improvement Study Charter Statement October 31,2002 - Page 2 C_ Provide information on the timing to complete the proposed improvements and the impact on day to day operation of the facility for any of the projected improvements_ MEMBERSHIP: • Two members of the Parks,Recreation and Natural Resources Commission • Three citizens at-large ■ One representative of School Dishict 272 ■ One representative of the Fgxjet Swim Club • • One representative of the Hockey Association ■ One representative Figure Skating Club STAFF LIAISON: Laurie Obiazor,Manager of Recreation Services SUPPORT STAFF: • Bob Lambert,Director of Parks and Recreation • Beth DeGree,Aquatics and Fitness Coordinator ■ Eric Edhlund,Ice Arena and Concessions Coordinator • Lyndell Frey, Special Projects Coordinator ■ Carla Kress,Adaptive Services Coordinator • Nicole Weedrnan,Recreation Coordinator RECORDING SECRETARY ■ Carol Pelzel DURATION: November 2002 until February 2003 FIRST MEETING: Monday,November 18,2002, 7:00 p.m_, City Center,Heritage Room I. Members to be appointed at the November 4, 2002 Parks, Recreation and Natural Resources Commission meeting and to report back to the Commission at the February 3,2003 meeting with a recommendation and preferred schematic plan. • ARCHITECT'S REPORT EDEN PRAIRIE COMMUNITY CENTER PLANNING STUDY & COST ESTIMATE Prepared for: City of Eden Prairie Table of Contents: Introduction/Cover 1 Executive Summary 2 Building Program 3 Project Cost Estimate 4 Architect's Memorandum dated November 14, 2002 5 Architect's Memorandum dated December 31, 2002 6-7 Architect's Memorandum dated January 24, 2003 8-9 Architect's Memorandum dated February 10, 2003 10-11 Aerial Photo/Road Alignment 12 Site Plan (S-13) 13 Lower Level Floor Plan (A-15) 14 Upper Level Floor.&Pool Plan (A-16) 15 The following report represents our findings and design conclusions based on meetings and reviews with the Community Center and Pool Committees as well as City staff over the past four months. Date: March 3, 2003 Commission No.: 0220 Prepared by: DELANO ERICKSON ARCHITECTS 10700 Highway 55 Plymouth,MN 55441 763-544-8370 EXECUTIVE SUMMARY 2 Our work began with a review of goals and objectives for the study with City staff as preparation for first meeting with Committees. Some of the issues are shown on the November 14, 2002 memo and were addressed and expanded on at the first meeting (November 18, 2002) with Committee. Committee members voiced their thoughts and comments regarding wants and needs and community input at the November 18, 2002 meeting. A tour of other community centers on December 7, 2002 was reviewed and a list of desirable features for Eden Prairie with priorities along with relationships was developed at the December 17, 2002 meeting. This served as a program for the development of four or five schemes (see Architect's Memorandum of December 31, 2002) which were reviewed at the Committee meeting of January 14, 2003. Five schemes,A through E, were presented along with five site plan studies which illustrated various arrangement and location of major functions including an outdoor pool. Scheme E was deemed to have the most merit although a price tag of$7.75 million without soft costs was deemed too high. A Scheme F was developed with expanded thinking for an outdoor pool complex on the south side of the Community Center with adjusting Valley View Road to the south and the main vehicular entrance to the Community Center to the east to provide more space for the pool. The pool designed area required filling of the pond which was deemed to be expensive, not knowing the quality of subsoil. Costs and summary of schemes are reflected in Architect's Memorandum of January 24, 2003 and were reviewed with the Committee at the January 28,2003 meeting. Four different outdoor pool complex layouts were reviewed with the Pool Subcommittee along with site plans which shifted the main vehicular entrance to align with the Round Lake Park entrance providing for a 3+ acre site for the pool complex without filling the pond. A final Scheme G with pool and site plan was developed along with Architect's Memorandum and Rough Cost Estimate of February 10, 2003. Scheme Gas illustrated on Drawings S-13, A-15 and A-16 attached herewith was reviewed with both Committees on February 18, 2003. BUILDING PROGRAM 3 Based on the Committees' recommendations,the following program and cost estimate is proposed for the expansion and improvement of the Community Center: Program Net Area • Revise existing locker rooms to be 8 family dressing rooms and pool toilets and pool office 1,750 s.f. • Add new male and female locker rooms (2,000 s.f each) 4,000 s.f. • Add child care area 1,100 s.f. • Add new concession to serve both indoor and outdoor spaces 1,000 s.f. • Add food lounge to serve total Community Center 1,500 s.f. • Add large lobby to serve total Community Center and pool 3,600 s.f. • Add administrative area and control desk 1,500 s.f. • Remodel existing lobby, concession,pool and arena to provide separate access to Rink II,Rink I skate lounge,lounges and viewing areas 3,400 s.f. • Remodel Rink I seating to accommodate rear access and 4 large team rooms 2,500 s.f. • Add gymnasium(1 regulation basketball court with 2 cross courts and volleyball courts) 9,600 s.f. • Add arena/gymnasium foyer for events and teams 1,000 s.f. • Add large multi-use room for teens, seniors and/or party room in conjunction with gymnasium 1,500 s.f. • Remodel 1 existing racquetball court for storage(LL) and meeting room(UL)—2 @ 750 s.f. 1,500 s.f. • Add upper level pool spectator seating 1,000 s.f. • Add upper level walking/running track 5,000 s.f. • Add fitness center @ upper level 5,000 s.f. • Add multi-use aerobics room @ upper level 1,400 s.f. • Add upper level arena gallery 2,000 s.f. • Deepen one end of existing pool • Provide for upgrade of existing facilities • Provide for future/alternate addition of 1,000 s.f. of storage and 4,000 s.f. skating/hockey training facility 5,000 s.f. • Provide for outdoor tier II skate park 10,000 s.f. • Provide for larger drop-off area and additional 200 cars parking • Relocate baseball field • Outdoor pool complex to include lazy river, 6 lane 50 meter pool, 2 water slides,zero depth entry,zero depth fun pool, food court, sand play area and landscaping 3.15 acres Total Building Net Program Area(not including future) 48,350 s.f. Net to Gross—Add 15% 8,250 s:f. Total Gross Building Area 56,600 s.f. (average cost per s.f. @ $105.70=$5,982,000) PROJECT COST ESTIMATE 4 - Cost Estimate Building: $7,300,000 Demolition $ 102,000 Remodeled Space-7,600 s.f. @ $68.00 . 517,000 • Gymnasium- 10,000 s.f. @ $98.00 980,000 - First Floor Area-22,000 s.f. @ $107.80 2,371,000 Second Floor Area- 12,000 s.f. @ $102.90 1,232,000 Arena Seating- 1,300 seats @ $100.00 130,000 Structural Frame Allowance 100,000 Walking Track-5,000 s.f. @ $50.00 250,000 • Deepen Pool 300,000 $5,982,000 A/E Fees $ 450,000 Contingency- 10% 600,000 Furnishing and Equipment Allowance 268,000 Total Building Budget $7,300,000 Alternate Deductions: • 1. Pool Seating and Arena H Hallway $ 175,000 2. Walking Track 250,000 • 3. Arena Seating and Team Rooms 375,000 Total Deductions: ( 800,000) Less Soft Cost Allowance ( 50,000) Net Building Budget with Deductions: $6,450,000 Alternate Additions: 1. Training Facility-4,000 s.f. @ $85.00 $ 350,000 2. Arena Storage- 1,000 s.f. @ $60.00 60,000 Site Work: $1,300,000 Demolition/Excavate/Grade-350,000 s.f. $ 170,000 Drive/Curb- 1,500 l.f. @ $70 105,000 Utilities/Lighting 150,000 Parking-200 @ 1,700 . 340,000 Baseball Field 300,000 Landscape/Ponding-Allowance 85,000 Skate Park-Allowance 150,000 Total Site Work: $1,300,000 Outdoor Pool Complex Construction-Ballpark Estimate: - $7,900,000 Total Project Budget: $16,500,000 w l MEMORANDUM DATE: November 14,2002 • TO: Laurie Obiazor FROM: Del Erickson • RE: Community Center Study • Commission No. 0220 The following items were discussed at our meeting with Bob Lambert and Lyndell Frye on November 4,2002: 1. Study may be impacted with proposed location for outdoor pool to be determined later this year. Choices include south of EPCC,Northeast of EPCC, and Round Lake Park. Pool w ill be managed from the Community Center. 2. There also is some possibility of a third ice sheet being added to the Center which may • impact on the master plan. 3. The first meeting of the Task Force on Monday,November 18,2002 will be a wants and Deeds gathering session preparatory to developing a program for the building. 4. Some of the issues are: a. Expanded locker rooms. b. Family dressing rooms. c. Better control system. d. Remodel swimming pool for racing,with starting blocks. e. Large fitness center(1,000 member). f. Multi-use gymnasium. • g. Game room. h. Teen center. i. Child care? Play structure. j. Skateboard park. k. Improved/better located office space. 5. Schedule of meetings: a. November 18,2002 at City Hall. b. First week of December—tour of Community Centers. c. December 16,2002 at EPCC. • d. January 20,2003—design options. e. February 17,2003—final. . DEA/ilt MEMORANDUM DATE: December 31,2002 • TO: Laurie Obiazor FROM: Del Erickson RE: Community Center Study Commission No.0220 The following items were discussed at our meeting of December 17, 2002 and at a subsequent meeting with Bob Lambert on December 23, 2002. ]. Features/ideas mentioned by tour participants that they liked: • Teen center,i.e.,Maple Grove. • • Multi-purpose meeting room(large). • Gymnasium. • Indoor fun pool. • Family locker rooms. • Larger fitness center(lacking in tour). • Community/craft rooms. • Childcare(drop-off). • Large open lobbies, • 2. Issues identified as problem areas of Eden Prairie Community Center: • • Inadequate parking. • High school traffic through Center. . • Inadequate lobby. • Second ice sheet access. • Inadequate food lounge/concessions. • Locker rooms too small and wet. • Pool air temperature too low—76°. • Pool depth inadequate for starting blocks. • Improvement to pool should include lane lines. 3. A review of wants and needs as follows(*high priority needs): • Large lobby—200+people.* • Workout fitness area—machines.* • Gymnasium-one full court.* • • Larger,better located concessions/food lounge.* • Better access control.* • More parking. • • Tier Il skateboard park. • Childcare. • Community/multi-purpose room—seniors,teens. I Memorandum December 31,2002 Page 2 • Office space—staff. • Storage space—staff. • Improved locker rooms—family,larger.* • Pool depth for racing.* • Third ice sheet. • Better access for players. • Party rooms/multi-use meeting. • Teen center/computer, games,cafe. A discussion,of community survey suggested that the high priorities were a gym and outdoor pool and perhaps the Center should be more of a recreation-oriented facility as opposed to other community centers which try to address all needs of the City. Racquetball courts have low priority,however, a need for one or two was thought to be appropriate. 4. A review of relationships of uses suggest that the pool(wet area),including outdoor pool, should be located together with access off the common lobby. Dry floor uses (gym,racquetball,fitness; meeting rooms,etc.) should have access separate from the pool. The ice rinks ideally would have a separate access with large enough queuing area for teams and parents and gear without blocking the use of other facilities. All of the above should be under the control of the central office area and have access to concessions/food lounge. 5. We will accommodate the above program areas with the existing Community Center in two or three alternatives,utilizing the total site and thinking outside the box and previous studies. Rough square foot cost estimates relating to the various uses in the master plan will be developed to assist in evaluating priorities and phasing. 6. A review of our approach with Bob Lambert suggests the following concepts to be investigated: . a. Outdoor pool on south with relocated and expanded parking. b. Indoor 50-meter pool combined with existing and dry floor/arena to north. c. Revise existing pool to gym and build new pool complex indoor/outdoor to north. d. Minimum remodeling of existing and to upgrade facility with outdoor pool to north and third ice sheet to west. 7. Next meeting: Tuesday,January 17, 2003, 7:00 p.m. DEA/tlt 1 MEMORANDUM DATE: January 24,2003 TO: Laurie Obiazor FROM: Del Erickson RE: Community Center Study Commission No. 0220 The following items were discussed at our meeting of January 14, 2003 and subsequent meeting with Sara regarding the pool on January 22,2003: 1. I had presented five options in plans for expansion of Community Center with site layouts. 2. The Committee felt that Scheme E had the most merit with some modification and downsizing. 3. A concern for adequate space for the pool complex suggested development of a scheme which would move the entrance drive and road for more pool space. . 4. Rough cost estimate of Scheme E totaled$7.75 million,broken down as follows: Fitness Center-5,400 s.f. @ $90 $ 480,000 Locker/Wet-6,000 s.f. @ $123 750,000 Lobby-7,000 s.f. © $123 850,000 Child Care- 1,000 s.f. @ $123 125,000 Concessions/Food Lounge-3,800 s.f. @ $123 470,000 Administrative-2,000 s.f. @ $123 250,000 Game Lobby- 1,600 s.f. @ $123 200,000 Gym- 10,000 s.f. @ $123 1,250,000 Teen Center-2,000 s.f. @ $123 250,000 Meeting M.U. -3,600 @ $100 350,000 Arena Remodel+500 Seat=6,000 s.f. @ $100 600,000 Training Facility-4,500 s.f. @ $100 286,000 Miscellaneous Remodeling-Allow 550,000 Contingency- 10% 600,000 Skate Park 300,000 Total Construction: $7,755,000 Site Work/Parking 1,100,000 Pool Complex $8,000,000 5. We will develop Scheme F which is somewhat downsized and a site plan which moves Valley View Road 20-60 ft. to the south and entrance drive 60'±to east. 5 • Memorandum January 24,2003 Page 2 6. Scheme F was reviewed with the staff and Sara on January 22,2003 with Sara to develop a pool complex plan which features the fun pool aspects and placed competitive 50 meter pool to the west portion of the site. 7. Bob Lambert suggested that we need to develop a plan which would have a$5 million±pool complex, a$5-$6 million community center, and$1 million site work to meet a saleable bond election of$12 million±. • 8. Rough cost estimate for Scheme F is as follows: • Demolition- 10,000 s.f. @ $20.00 $ 200,000 Remodeled Space- 14,000 s.f. @ $70.00 1,000,000 First Floor High Space-22,000 s.f. @ $120 2,600,000 First Floor Low Space- 10,000 s.f. @ $110 1,100,000 Second Floor Space- 18,000 s.f. @ $90 1,600,000 Total Building Construction: $6,500,000 Site Work Demolition/Excavate/Grade-350,000 s.f. $ 170,000 Drive/Curb- 1,0001.f. @ $70 70,000 Utilities/Lighting 150,000 Parking-200 @ 1,700 340,000 Baseball Field 300,000 Landscape/Ponding-Allow 70,000 Skate Park-Allow 150,000 Total Site Work: $1,050,000 9. The foregoing contains some alternates such as a walking track and training facility which could be bid as deduct alternates. Cost estimates do not include A/E fees,contingency or equipment. MEMORANDUM DATE: February 10,2003 TO: Laurie Obiazor FROM: Del Erickson RE: Community Center Study Commission No. 0220 The following items were reviewed at our meeting of January 28,2003 and subsequent meeting with Bob Lambert on January 30,2003: 1. Scheme F was reviewed with the Committee along with rough cost estimate of$6.5 million. 2. Comments expressed at the meeting included the following: a. Make drop-off larger and not such a tight turn. b. Separation and team rooms for ice hockey was desirable. c. Skate park has low priority. d. Feel walking track is important feature. • e. Large locker room and family locker room are desirable. f. Is fitness area too large? g. Consider relocating drive and parking for larger area for pool complex. h. Should we omit two racquetball courts leaving only one? Consider moving aerobics area to fitness area and keeping two courts. i. Is gymnasium a duplication of school facilities? However,it is desirable. j. Training facility and additional seating is low priority. k. Consider reducing area of lobby,fitness,meeting rooms,teen center and training facility • to reduce cost. 1. General concept of scheme was approved. 3. In the meeting with Bob Lambert,we suggested another concept(Scheme G)incorporating the above comments along with another street entrance location and enlarged pool area as proposed by Bob. 4. A site plan was developed to illustrate the foregoing along with four possible pool layouts for review by the Pool Committee on February 3,2003. le, Memorandum February 10,2003 Page 2 5. Scheme G's rough cost estimate is as follows: Demolition $ 102,000 Remodeled Space-7,600 s.f. @ $68.00 517,000 Gymnasium- 10,000 s.f. @ $98.00 980,000 First Floor Area-22,000 s.f. @ $107.80 2,371,000 Second Floor Area- 12,000 s.f. @ $102.90 1,232,000 Arena Seating- 1,300 seats @ $100.00 • 130,000 Structural Frame Allowance 100,000 Walking Track- 10;000 s.f. @ $50.00 500.000 $5,932,000 A/E Fees 475,000 Contingency- 10% 593,000 Equipment Allowance 200,000 Furnishing and Total Building Budget $7,200,000 Alternate Deductions: 1. Pool Seating and Arena II Hallway 175,000 2. Walking Track 500,000 3. Arena Seating and Team Rooms 375,000 Total Deductions: (1,050,000) Less Soft Cost Allowance ( 150,000) Net Building: $6,000,000 The foregoing will be reviewed at our meeting On February 18,2003. Site concept to be coordinated with SRF for a final presentation to-the Park Commission on March 3,2003. DEA/tlt it, . . L.... . f- . .y _.� f.._ _. w. f-_ -, r i ��`"� .:► L:_..� =.1 :<� J_.. `71m._1 j :._ice °C. .J Outdoor•Water:Park Comparison 2/3/03 •� cep'`- • =�o'�-•a�`�B'n Td%�= 2�� `:,::.;�-<Y:=�-'.`?' :;.::,-'..;: 4<i St, Louis Park 120,000 20,000 3 million(renovation in 1997 did not include concessions, arena or locker rooms) Edina N/A 15,800 $200,000 in 1958 renovations since 1958 (3)totaling$3,350,000) • Bloomington 120,000 17,000 _ 3.8 million in 2002(did not include locker rooms) Apple Valley _ 110,000 . 17,528 3 million(opened in 1999, land work not included in 3 million) Eagan 250,000 19,000 7.2 million(1999) Eden Prairie 142,000 7 7* w - . . _.. . • , : •' '•-•*:•-••,• , ' ,•-•".".•:.: . -- I - .Ir•-;cr, - = - - =•S I' 17 ' 7 , .:I 4:: - . C 14 • v.• - rm.----gr.,---T IR I. i; aW. 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'11-....- 2!5*,44./C; 0 .-'-- ----".,-..--77'..'- ":;:; 1--- -;••.fi-:.•-:=-..-;',":,.-L:t-72---E•..„--A..-•.--•,-.!-atz.-...,-t:.•t",h. ..0..- 1.' • • • Outdoor Water Park Comparison � �o ac ,o`. • • Go y04. \ay J°Je o a '# ya a a � c Go , y c l4 pQec 0J � �� Q Q � se, Qc 4Z9 � a �0ca �\0 y �ao •° � ° � �& le Go lb. a � � o a aP 'i 1 19914675,000 I I 1996-1,400,000 Edina 1958_V $ 200,000.00 Bonds 2002-$1,275,000 $ 636,614.23 $ 401,838.33 1,000 _ 1,500-2,000 . General Fund& _ —_ • Eagan r-i -_ __ 1994 _ $ 7,200,000.00 Revenue'Bonds _ No 2001:$1.2 Million .$ 900,000.00 r 2,000 $2,000 • 19,000 11 Acres • Park bond Apple Valley 1999 _ 3 Mill W/O Land Referendum No __._$380,000 $ 3.65,000.00 1,100 . $1,500 17,528 '3 Acres Est.$320,000- Existing Capital Est.$180,000 including Replacement Already aver Concession Bloomington 2002 3.8 Million Funds J No $230,000 Stand � + 1,225 $1,838 17,000 Bonds,Building Fund Reserves, St.Louis Park 1997 . $3,000,000 Tax Increment No $622,000 $ 388,000.00 1,200 , $1,800 20,000 120,000 sq.ft • W ... . . • • • • • Outdoor Water Park Comparison • as 5 P N. G� a5 •`� o� g�\ G�Ra N. o.ot o� z5 �\o• e<'Z' Fez" Gr�� rd"1- o� (eke' R �� mo yia' ,`e(t oJ� \c0 of �r e 60� 5R OR IC as' as �� c ��yoca �\�J5 i�yw oa0c� a`c0 J`y �o�o Oey�� Zr/ '%. q g O �a PcQ �,o �Jd` �`,Fe • \• ,�o, boa • 1 �• 1 Manager i j 2 Asst: 33 ; f Life Grd.. 7I Admn. 15 1 • I !Main:M.F 11:30- Conc. 6 I I 8:30 S-S 10-8:30 Water SId. 1. Zero Depth:M.S 2 Maint. • i Expand Fence 24 See Attachment $7,$5 after 6pm St.Louis Pk. 40 Cities 325 10-8:30 66 Total Diversity Zero Depth Pool Line&Parking L----- Res,$51 1st Metro,Wisc., Full-1 No room to $41 2nd $7.75 Adult$5.75 Iowa, North. 365+parking at M-S 11-8:30 Sun-Part-170 Appeals to all expand/larger ---_20 $27 Under 42" Under42" • MN. City Hall 11.6:30 Maint.2 • ages Lazy River site ~T • No,10 Punch M-F 10-8 S Full-0 Family Friendly, • • Cards,10 entries $6.00 $4.00 Southern 1/2 of S 11-7 after Part-40 Maint Compact;Easy to allow food to be _ 50____ per card after 5pm Cascade Bay State - 200 hrs-10:30 •-1+Park Matnt. • View brought in. . _ Lazy River Open Swim Every _ —_ Groups from 50 Day 12-8 Swim i • mile radius, Club M-S 6-12. 0 Depth Entry,50j Average 890 Eagan& Families from 30 Entire Park 612 Lessons M-F 10- Seasonal 40 meter pool, • Highest 1,500 See Attached_ See Attached Apple Valley mile radius -Near Pool 350 12 Maint. 5 combo design Watersllde New Bathhouse Season:NR$50, - __ ___ • Res$40 $6.50 Adult Neighboring • Guards 35-40 Discounts for $4 Youth&Sr. Outdoor Aquatic 240+overflow M-F 11-8 Ticket 35-40 Pool Open Spaces Add large water 0 ., Youth&Senior $4.00 after 5:00 Parks Metro within 1 block• S-S 11-7 Mon.12-15 PT 4 around the Pool.I Waterslides ' play feature • 3d. Age Distribution i J Based on our previous studies, we find that the age distribution of patrons attending traditional outdoor pools is very consistent from community to community, regardless of rural or metropolitan environments or demographic fluctuations. Children (ages 1-14) tend to comprise 90%-95% of the open swimming seasonal patrons. The remaining 5%-10% is comprised of adults (ages 15 & up). For family aquatic centers, the patron age distribution changes dramatically. The City.of Eau Claire is experiencing a distribution of 55% children and 45% adults, which is a realization'of one of the original design program goals. Great emphasis is placed on attracting adult populations to the aquatic facilities. This results in quality recreational time between children and guardians, which helps to build family ties. ;Sun• Prairie's age distribution is approximately 40% adults and 60% children which is more in line with our experience and projections. For Eden Prairie, we would expect approximately 33% adults with 66% children at a new family aquatic center. Facilities reconstructed as traditional pools will experience only a slight increase in the number of adults only because of the positive environment associated with a new facility. This slight increase will soon diminish as they experience the traditional facility shortcomings. • • J J J45 p . i fi3e. Distance L 1 The distance that patrons will travel varies considerably between a traditional pool and a ,-1., family aquatic center. Typically, traditional pools will receive patrons within a ten or 15 1_ mile radius and usually children who make their way to the pool by either walking or _irf bicycling. Family aquatic centers with their.higher percentage of adult patrons will draw from a much larger geographic area. In researching our previous projects, we have found a .1 consistent 50-mile maximum radius of attendance. Our public opinion polls conducted in other communities indicate that local patrons would be willing to drive at least five miles to 1 a family aquatic center (15 minutes) on a daily basis. Communities such as Sun Prairie, which is located approximately 10 miles from the east side of Madison, Wisconsin, have jencountered difficulty in dealing with the large number of out-of-city patrons. Careful consideration must be given to establishing entrance fees which recognizes the.local ['] taxpayer first. 11 • i . • LI j . 'i . . . Li46 Li ti-1 • 3f. Five Year Projection `t� • Our five year projection is shown as a percent of the first year attendance, that being 100%. 1= Some drop off in attendance can be expected due to the newness wearing off and.. E- competing facilities springing up within the service area. We are basing this,projection on • I- facilities that are run in a professional manner with competent staff instructed to be as user Li friendly as possible. 1i L. Year % Attendance . Q_ 1 • 100 2 95 ir 3 93 f] ` 4 92 5 92 5 Some recent data may indicate a gradual increase in attendance'for at least the first five years of operation. i] LI U . • ii ;-Li U i . i . 47 __I 1 11:1 -- 3g. Seasonality of Attendance a • 11 i- There are two identifiable user groups that comprise the major patron loading that a facility will experience. The first group are the recreational swimmers'who tend to..form the bulk II of the patrons using municipal facilities, and in particular, outdoor facilities. The second ;•� group are the season swimmers which is comprised of individuals who, for a variety of 1- reasons, would utilize a pool for structured or institutional purposes. These purposes � include swim teams, physical therapy, exercise and fitness groups, daily lap swimmers, and i senior citizen events. il I The recreational usage which the City will experience is comparable to other communities _ , operating traditional outdoor facilities. Indoor pool users are typically the avid swimmers, - C who have a year around need for an aquatic.facility. The outdoor pools, on the other hand, tend to be used more by recreational swimmers, if the facilities are amenable to this use. L Recreational swimmers are very seasonal in their swimming habits. The peak recreational '� swimming demand begins on June 1st and extends to August 15th. During the last two t weeks of August, recreational pool usage will begin to decline as families complete their 1t- summer vacations, prepare for school to start, and turn their attention to the fall season 1 sports. j� In conclusion, the highest service level would be to have indoor pools available for J structured aquatic programming on a year around basis with a medium sized outdoor pool capable of accommodating huge patron loadings for a ten week period of time. i d j J j 48 _J -. 1.1 i i l 3h. Design Day Attendance iii 11 In this section of the report, the demand for additional facilities is being quantified. The q.1 . objective is to determine the amount of water surface area necessary to_meet the current demand and a project demand for the year 2027, which is the mid-life of this project. `1 The purpose of this section is to determine a need, or lack of need, for aquatic facilities for II- the City of Eden Prairie. In a previous section of this report, we had completed an 1-� evaluation of existing facilities which serve the community. With this data it is possible to ddetermine the amount of facility capacity available for recreational aquatic activities. The method is based on determining the contribution of each facility to the City's area recreational swimming and comparing that total available area to the area needed based on • the City's population and usage. The area amount required for the maximum instantaneous 1] peak attendance throughout the system is calculated. . LiCalculation #1.for the current population (2002) states that the maximum instantaneous peak attendance on the busiest day at a municipal aquatic facility for the City's size, . Ili occupational composition, population age, and natural recreational opportunities is estimated 1i to be 5% of the total population of the community. This value represents the peak id attendance which would occur on only a relatively few days during the swimming season, usually at the very beginning of the season, during prolonged very hot weather, and special U event days. For practical and economic reasons, the facility design is usually based on 85% of the estimated peak instantaneous attendance. This peak attendance is then converted into 1.-] a square foot area of water surface. For this evaluation, 15 square feet per user was chosen. This is based on a review of the type of aquatic facilities currently existing. d Once the total required water surface area is known, we then subtract the capacity of the Uexisting facilities. The capacity of the existing facilities is a combination of their total water surface area as adjusted by a utilization factor as it pertains to the City and Jcommunity residents. A utilization factor is an acknowledgement that other types of i_i 49 U i '- facilities such as private facilities and natatoriums may not have operating features t` equivalent to a properly operated outdoor municipal recreational facility which would have i_.� a utilization factor of 100%. Utilization factors are based upon the following limiting 1. parameters: - - - 1 1. Access experience to pool time; . ` . 2. General public access; . f 3. Single purpose or functional inability to provide simultaneous multiple uses; 4. Water quality including controlled temperature; . 5. Functional capacity (legal and operational limitations); d6. Type of facility, i.e. competitive, institutional, therapeutic; 7. Swimmer preference of outdoor versus indoor during peak swimming season. . 8. Distance to facility from Eden Prairie. U . I i— L • • ii U . H J . LI . -. Li50 Li J J 3i. Recreational Natant Demand For-2002 • "f] Approximate Water Area Required 1. • 1. Approximate City population for 2002 = 54, 903 ,_ Surrounding population contribution = 18, 1182 • •• Peak Swimming Attendance (6% •of total) = 4, 381 t_. Capacity (85% of Peak Attendance) = • 3, 723 • Approx. Water Area @ 15 Sq.Ft. per user = 55,,845 • From this total required water area for recreational swimming in the Eden Prairie community, the areas of existing public and private swimming facilities must be ndeducted. . LOCATION • . WATER AREA UTILIZATION USAGE VALUE . {_ (Sq.Ft.) (in %)3 . (Sq.Ft.) 1. City of Eagan, MN - (0) 32,800 10% 3,280 • 2. City of Bloomington, MN - (0) 1.9,570 5% 978 1 L3. City of Richfield, MN - (0) 18,500 0% -0- ' 4. City of St.Louis Park, MN - (0) 19,968 2% 399 5. City of Edina, Minnesota- Outdoor 15,000 . 1% 150 6. Northwest Ath. Club, Eden Prairie-(I) 3,444 1% 34 J 7. Northwest Ath. Club, Eden Prairie-(0) 3,420 1% 34 8. Flagship Ath. Club, Eden Prairie-(I) 2,268, 1% 22 9. Flagship Ath. Club, Eden Prairie-(0) 3,444 1% 34 1] 10. City of Chaska, Minnesota - (I) 4,000 2% 80 11. Eden Prairie School District - (I) 5,800 10% 580 • 12. Eden Prairie Community Center - (I/O) 5,146 20% 1,029 1.1 i TOTAL RECREATIONAL WATER SERVICE CURRENTLY AVAILABLE • FOR EDEN PRAIRIE: , 6, 620 Sq. Ft. Total recreational water area required (2002) = 55,845 Sq.Ft. ' 1 Less total recreational water area provided = 6, 620 Sq.Ft. j Adjusted recreational water area required = 49,225 Sq.Ft. • L] PROPOSED POOL VESSEL SURFACE AREA NEEDED IN 2002 FOR EDEN PRAIRIE: 49,225 Sq. Ft. • 1 Census Data from City of Eden Prairie. L 2 Data from Zip Code Demographics from City County Data 2002. 3 Utilization Factor is an acknowledgement that other types of facilities may not `--j have the same: access experience J p to pool time, general public access, ability to provide simultaneous multiple• uses, water quality or functional capacity as an outdoor municipal aquatic facility and may be located outside the community. ] • • j I 51 • if . 3j. Recreational Natant Demand For 2027 - Approximate Water Area Required L. Approximate Citypopulation for 2027 = 65,0001 PP Surrounding population contribution 21, 0161 E- Peak Swimming Attendance (6% of total) = 5,161 i. . Capacity (85% of Peak Attendance) ' • = 4,387 Approx. Water Area @ 15 Sq.Ft. per user = 65,802 r E^ From this total required water area for recreational swimming in the Eden Prairie Community, the areas of existing'public and private swimming facilities must be deducted. . . ( LOCATION WATER AREA UTILIZATION USAGE VALUE • (Sq.Ft.) (in %)3 ' (Sq.Ft.) lri- i 1. City of Eagan, MN - (0) 32,800 10% 3,280 2. City of Bloomington, MN - (0) 19,570 5% 978 :1 3. City of Richfield, MN - (0) 18,500 0% -0- 4. city of St.Louis Park, MN .- (0) 19,968 2% 399 5. City of Edina, Minnesota - Outdoor 15,000 1% 150 • 6. . Northwest Ath. Club, Eden Prairie-(I) . 3,444 1% 34 9 . 7. Northwest Ath. Club, Eden prairie-(0) 3,420 1% 34 8. Flagship Ath. Club, Eden Prairie-(I) 2,268 1% 22 9. Flagship Ath. Club, 'Eden Prairie=(0) 3,444 1% - 34 10. City of Chaska, Minnesota - (I) 4,000 2% 80 11. Eden Prairie School District - (I) 5,800 10% 580 12. Eden Prairie Community Center - (I/O) • 5,146 20% 1, 029 • TOTAL RECREATIONAL WATER SERVICE CURRENTLY AVAILABLE FOR EDEN PRAIRIE: 6, 620, Sq. .Ft. 9 Total recreational water area required (2027) = 65,802 Sq.Ft. . Less, total recreational water area provided = 6, 620 Sq.Ft. ] • Adjusted recreational water area required = 59, 182 Sq.Ft. SI PROPOSED POOL VESSEL SURFACE AREA NEEDED � 1 IN 2027 FOR EDEN PRAIRIE: 59,182 Sq. Ft. t] 1 Census Data from City of Eden Prairie Comprehensive Plan Update. 2 Data from Zip Code Demographics from City County Data 2002. 3 Utilization Factor is an acknowledgement that other types of facilities may not -] have the same: access experience to pool tithe, general public access, ability to provide 'simultaneous multiple uses, water quality or functional capacity as an outdoor municipal aquatic facility and may be located outside the community.i J . . _.:] S2 .1111 CHAPTER 4: PROPOSED OUTDOOR POOL A.) Concept Plan (� The conceptual drawing that the Pool Committee approved unanimously is for a family aquatic center with a water surface area of 31,291 square feet. The facility will have 3 separate pool vessels. The Pool Study Committee recommends the concept design for development of an outdoor pool at a cost not to exceed 7_9 million dollars on the Community Center site. UI. Main Pool Vessel A 6 lane, 50 meter pool is recommended. At one end will be a diving well with 2 • diving boards. At the opposite end of the diving well,the pool will configure to 6 lanes of 25 yards running north and south. This will allow for a"T" shape on the opposite end of the diving well to accommodate a pool slide or slides at one end and a zero depth entry with play appropriate waters at the other—approximately 12,463 square feet. 11] II. Zero Depth Recreational Pool This pool vessel will center around an interactive water playground. Additional water i�( features will also be available within this area—approximately 6,670 square feet. III. Lazy River This pool vessel will be a 12 feet in width by 800 feet in length. Various waterslides ' and other amenities will also be provided within the Lazy River—approximately 12,158 square feet. The final site plan will be modified to make efficient use of lifeguards and attendants to operate the facility safely and cost effectively. The Pool Study recommends the concept design for development of an outdoor pool at a cost not to exceed 7.9 million dollars. J J 53 J • a _1 -- -- ITl IL �gt At.1 m- LAZY tzIYER-gDos<u r ` • t.. .�tm L (( 1I\' ø(j .; - 10 , ' \°.‘" CI • 1 ... •4. ...4 ... U: 71 i 1 1 . S _ • ::E �- - Ni 1 '6 L1.E •aOM 1'c6L' `• �,'^ \�\1d i • t 4V + .1. - am 1�Y'-@//� / • d . . , . .07 ►ma c a.. ' 1P4 ..0 o,r16.0 • ; Ittle"- - - : I •'A••••-'''•."••-'.N"•-.••i•'.•.-. ,-:...•-.0„s1M'0 rc 4 4 s • • / .. 0 V p . / Fs as ,�., —F ' • U `,..‘ . • 8 2 .c • • ' '• .4 - .s� •- •Est - • j 1 L .-C=1,4 I lit i 1 An 4' -.1 I • 114211.111111/.ar I . .1 ' 1 I 74 . .Lri ,. .1 • . ma : 7,.ila 1- • ., a ; If, � I. •• 1 : .1, •I] JH{ff ri . _ ` ,_'-_.�t'i isoi .Vtcu]�ygUsRli PI - -i1. • III1 . . Li • • H • • • Li - • . u. . .. . Li E • i a 3cti8:•IG G' 'PFSN o-a.AhaEICrsavAsa rECT3 ;,�-, 7.:1:,. ti ,�yu�t•r•e_ -.�� - EDEN PRAIR;E COMMUNITY CENTER STUDY o (z .] © 1;i-A ..y aaavuw 16700 VALLEY 1=W ROAD -, Wina a.._.a. 2•If.i.c 1137 EDEN PRATE.6'S TA is T] B.) Operating Cost 3 Over the past six months staff have had numerous conversations with the following local . '] communities.to gain knowledge and information in regards to current operating expenses for .. "like" aquatic facilities in the metro area. Those communities surveyed were Edina, St. 1_ L Louis Park, Bloomington,Apple Valley, and Eagan. Staff believes based on that information they can give a general approximation of operating expenses and revenue. These r ! approximate numbers are based on the information provided by the above mentioned communities. It is staff's opinion that in order to generate the amount of revenue required to ii' meet operating expenses, as well as an additional $100,000 to $200,000 per year for an • ongoing capital savings fund for upgrades and replacement of equipment. This water park should draw from a regional customer base. The facility will meet the needs of the residents of Eden Prairie and should be marketed to outside user groups to offset the cost of operating L expenses. Based on comments from existing water park facility managers and staff,it is j� important to note that every two to four years a new feature/is added to the facility to keep l_! the interest of the users at a high level. . i All five metro facilities operated a ten to eleven week season. General hours of operation were 10:00 a.m.to 9:00 p.m. (Monday-Saturday) and 11:00 a.m. to 8:00 p.m. on Sunday. i Additional group rentals and special events were sometimes held outside these normal Id1 business hours. At each facility the greatest operating costs were part-time/seasonal wages . i A minimum of 50%up to 75%of all operating costs were spent on wages. Other operating iti . costs include items such as full-time wages, employee benefits, office supplies, chemicals, merchandise for re-sale,printing/advertising costs, utilities, contractual services, repair and . jmaintenance of equipment,waste removal, insurance, etc. The five facilities' water park operating costs varied form approximately$350,000 to $700,000. Staff estimates the . proposed Eden Prairie aquatic facility to operate at approximately$600,000 per year. This L' figure does not include debt service payback or additional revenue set aside for a continuing j • capital fund for replacement,repairs, and/or upgrades for future equipment/features at the facility. Operating costs may vary depending on final site plan and the total number of staff jrequired to operate the facility. Li 55 r] 9C.) Projected Revenue Projected revenue, like operating costs, have a number of variables, which control the iiamount of revenue generated at each facility. Those variables include such things as - customer satisfaction, attendance, admission cost, seasonal pass fees, competition from ;- surrounding facilities, concessions available, large group rentals,resident and non resident rates, special events, classes, programs offered, etc. Also, affecting revenue are such things as hours of operation, length of season, number of rain days,temperature,mechanical ri failures, etc. Using the five metro facilities as a guideline their revenues ranged from Id approximately$350,000 to $1,000,000. With operation costs estimated at$600,000, staff conservatively estimates annual revenues to be approximately$700,000 to$800,000 per LIyear. This figure is based on a similar fee structure and wage base as the other five"like" facilities. These are approximations and would vary depending on final site'plan, customer It] satisfaction, total number of staff required, promotion marketing program,fees charged, and competition between other"like"facilities within a 15-20 mile radius. il • ri .. [_1 . U 1 U U . 56 = EL; C:__ = c_; u U _ r_- y Qascade (Jjaa • 1360 Civic Center Drive Eagan, Minnesota Historical Data 2000 2001 2002 Total Attendance 151,201 168,109 141,592 Daily Admissions 70,457 80,935 • 57,634 After 5pm Admissions Includes Daily Adm. Includes Daily Adm. 10,749 Group Sales 16,360 19,086 17,814 Season Pass Sold 7,800 7,000 6,175 Expected 2003 Numbers Attendance Per/Unit Revenue Daily Admissions 60,000 $ 7.33 Season Passes Sold 6,300 $ 40.33 After 5:00pm admissions 11,000 $ 5.49 Group Sales 19,500 $ 7.75 Total Attendance 145,000 2003 Revenue 2000 Actual 2001 Actual 2002 Exp. 2003 Expected • Admissions $ 731,140 $ 751,228 $ 663,876 $ 439,558.25 Season Pass $ 254,079.00 After 5pm Admissions $ 46,453 $ 69,809 $ 59,025 $ 60,403.29 Group Sales $ 106,988 $ 125,865 $ 146,518 $ 151,125 Merchandise Sales $ 2,410 $ 15,201 $ 2,853 $ 3,000 Concessions Sales $ 218,787 $ 239;299 $ 206,647 $ 209,012 Non-Tax Vending $ 397 $ 2,086 $ 1,092 $ 1,589 • Classes & Camps $ 3,062 $ 10,316 $ 11,475 Aquatic Facility Revenue $ 1,106,175 $ 1,206,550 $ 1,090,327 $ .1,130,242 • 57 I_ City of Eagan 2002 Expenditures 6001 Expenditures I 6300 Services&Other Charges 6010 Personal Services 6310 Professional Services-General 3,428.87 • 6110 Salaries&Wages-Regular 80,369.96 6319 Medical Services-Other 310 . 6111 Accrued Leave Time 6320 Instructors 6112 Overtime-Regular 109.08 6346 Postage 1,090.97 6124 Funeral Leave 6347 Telephone Service&Line Charge 1,644.54 j... 6125 Floating Holiday Pay 372.64 6348 Matrix Service-Repair 6130 Salaries and Wages-Temporary 311,761.59 6351 Pager Service Fees 6134 Vacation'Pay 3,206.08 6353 Personal Auto Parking 7.01 6135 Holiday Pay 2,703.00 6355 Cellular Telephone Service 6136 Sick Pay 3,855.80 6357 Advertising/Publication 1,982.90 6142 PERA-Coordinated 4,511.85 6358 Employment Advertising 1 •6144 FICA 29,792.13 6370 General Printing&Binding 823.72 6151 Health Insurance 8,575.06 6385 Insurance 34,500.00 • 6152 Life 200.57 6405 Electricity 26,034.68 ),,_ 6154 Disability-Long-term 265.28 6410 Natural Gas Service 6436.07- 1 6155 Workers Compensation . 8,293.30 6424 Pool Repair/Labor 9,739.48 total 454,153.22 6426 Small Equipment Repair-Labor 949.61 I.16210 6427 Building Operations/Repair.Lab 721.33 6200 Parts&Supplies 6428 Field/Other Equipment Repair 69.19 Office Supplies 370.43 6457 Miscellaneous 6211 Office Printed Material/Forms 285.13 6476 Conferences/Meetings/Training 350 6212 Office Small Equipment 6477 local Meeting Expenses 189.78 6215 Reference Materials 6.34 6479 Dues&Subscriptions 58.23 6220 Operating Supplies-General 4,265.15 6480 Licenses, Permits&Taxes 575 • 6221 Film&Film Processing 6487 VISA/MC Bank Charges 1,786.69 6222 Medical/Rescue/Safety Supplies 1,673.92 6488 Depreciation , 6223 Building/Cleaning Supplies 4,249.28 6489 Amortization Expense 6224 Clothing/Personal Equipment 3,427.48 6490 Bond Payment-Principal 6230 Repair/Maintenance Supplies-Ge 1,784.55 6491 Bond Payment-Interest 6231 Mobile Equipment Repair Parts 55.97 6494 Interest on Note Payable 22,626.86- 6232 Small Equipment Repair Parts 162.74 6535 Other Contractual Services 139.68 18 6233 Building Repair Supplies 6539 Waste Removal/Sanitation Service 2,061.87 • 6236 ' Pool Repair Supplies 5,781.04 6563 Landscaping 7,358.66 6240 Small Tools 263.8 total 65,331.01 ,l. 6243. Heating Oil/Propane/Other Fuel 16.51 . 6244 Chemicals&Chemical Products 22,961.99 6600 Capital Outlay 6257 Signs&Striping Material 4,099.25 6620 Buildings 6270 Computer Software ' 6630 Other Improvements 21,010.68 total 50,058.03 6640 Machinery/Equipment 2,508.45 6650 Furniture&Fixtures ,.. Payback on Debt Service 160,000.00 6660 Office Furnishings&Equipment 3,584.93 6670 Other Equipment Capital Saving Fund, Replacement/ total . 27,104.06 Upgrades to Further Equipment Amenities 60,000.00 6700 Construction Projects total 220,00.00 6710 Project-Contract ' 7,797.00- 6762 Special Features/Furnishings 797 total 7,000.00 it 6850 Other 6855 Merchandise for Resale 104,366.53 •i . total 104,366.53 6001 'EXPENDITURES 694,012.85 I City of Eagan 2002 Revenue j 4001 Revenue 4500 -Public Utilities I 4300 Recreation Charges 4320 Marketing Revenue(Coke Sponsor) 5,417.00- 4600 Other Revenues , 4610 Interest on Investments j 4330 Aquatic Facility Revenues 4615 Change in Fair Value on Invest 9,644.43 4335 Admissions(taxable) 665,836.48- 4710 Cash Over/Short 338.87- 14336 After 5pm Admissions(taxable) 59,025.42- total 9,305.56 'i4337 Group Sales(taxable) 135,381.55- 4800 Program Revenues 4338 Group Sales(tax exempt) 10,521.75 I4339 Merchandise Sales(taxable) 1625.32- 4900 Other Funding Sources 4340 Concession Sales(taxable) 206,647.78- 4980 Transfer In 6,152.03 4341 Merchandise(non-taxable) • 1228.75- 4342 Non-tax vending revenue 2,089.38- 4001 'REVENUES ' I 1,082,970.64- 4343 Classes/Camps(non-taxable) 10,661.80- I 58 `, 4650 Civic Arena Revenues ( 4000 I REVENUES&EXPENDITURES 769,000.00 4358 'Arena Program Revenues I 7 9222 I CASCADE BAY I 169,000.00 Report to the Parks and Recreation Advisory Committee 1999-2002.Compaired AVFAC 2002 2001 2000 1999 Notes: 2002 Season -June 1,2 & 6 through August 25 Entry Fees $283,531.00 $320,102.00 $298,744.00 $303,316.00 Total Days Scheduled for Opening a 77 Concession Income $60,079.00 $67,363.00 $65,710.00 $69,061.00 Days Closed Due to Foul Weather= 11 Total Earnings $343,610.00 $387,465.00 $364,454.00 $372,377.00 Employees 0110 Total Attendance= 48,014 Personel Costs $213,202.00 $201,825.00 $179,541.00 NA Food Costs $33,431.00 $33,955.00 $31,245.00 NA Other Costs $102,240.00 $105,807.00 $106,780.00 NA • Total Costs $348,873.00 $341,587.00 $317,566.00 NA Family Aquatic Center Net Over/Under -$5,263.00 $45,878.00 $46,888.00 NA Apple Valley, MN • • • • City of Apple Valley 2002 Expenditures ' 44 SWIM CENTER I 6270 Total Training/Travel/Due I 6100 Total Personal Services 1 6271 Level of Detail Subtotal 6105 Salaries &Wages I 6275 Scools/Conferences/Exp Loc 1,289.05 6111 I Salary-Temporary Employees 209,953.34 6277 Mileage/Auto Allowance 590.86 l. 6114 Overtime-Temporary Employees 617.82 6280 Dues &Subscriptions 460 total 210,571.16 6281 Uniform/Clothing Allowance 5,640.10 ;� total 7,980.01 Li 6125 Employee Benefits 6138 Medicare 3,053.35 6300 Total Other Expenditures 6139 FICA 25.76 6301 Level of Detail Subtotal I.: 6141 Pensions-Pera 22.98 6310 Rental Expense 170.10 total 3,102.09 6320 Refunds &Reimbursements I- 6100 Total Personal Services 213,673.25 6399 Other Charges I 40 1 I 6540 Taxable Misc for Resale 33,431.47 I: 6200 Total Supplies & Other total 33,641.57 6205 Supplies I r 6210 Office Supplies 301.55 I 1- 6211 Small Tools & Equipment 392.79 6700 Total Capital Outlay 6214 Chemicals 886.63 6701 Level of Detail Subtotal . J 6215 Equipment-Parts I 6,735.37 6740 Capital Outlay-Mach/Eq/Other 6229 General Supplies I 13,139.25 total 0 total 21,455.59 L 6230 Contractual Service I 6001 'TOTAL EXPENDITURES I 359,110.85 6235 Consultant Services I 6237 'Telephone/Pagers 870.85 I I 6239 Printing/Publishing 798.47 6240 ICleaning Service/Garbage Removal 1,092.99 6249 Other Contractual Service I 32,472.75 I E I total 35,235.06 i 6250 Utilities I^ 6255 Utilities-Electric I 14,676.37 L. 6256 Utilities-Natural Gas 21,123.81 6257 Utilities-Propane/Water/Sewer 2,639.18 r- total 38,439.36 1 L 6260 Repairs & Maintenance LI .6265 Repairs-Equipment 5,400.43 6266 Repairs-Building 3,285.58 total 8,686.01 6200 Total Supplies & Other 103,816.02 j I Apple Valley Family Aquadic Center 2002 I Entry Fees 283,531.00 Concessions Income 60,079.00 jTotal Earnings 343,610.00 Personal Costs 213,202.00 j Food Costs 33,431.00 I Other Costs 102,240.00 Total Costs 348,873.00 jI Net Over/Under I -5,263.00 I 60 11.1 Chapter 5:Recommendation . The information in this report is based on information supplied by Burbach Aquatics,Inc. City staff,Pool Committee, and citizen input. At the February 18,2003 Pool Study Committee meeting a unanimous vote was given to recommend the concept design and recommendation for 9 development of an outdoor family aquatic center not to exceed 7.9 million dollars on the Eden • Prairie Community Center site. This recommendation will be forwarded to the Parks,Recreation 1] and Natural Resources Commission at their March 3,2003 meeting. 1 .. lJ . d . . ] . 4. . . . . El sJ-, • El • [I U . . Li j . U U 61 i AGENDA EDEN PRAIRIE CITY COUNCIL TUESDAY,JANUARY 20, 2004 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. PROCLAMATION DECLARING JANUARY 25, 2004, AS THE OFFICIAL CHRISTINA COLLISON EDEN PRAIRIE HOMETOWN DAY IN EDEN PRAIRIE (p. 1) V. PRESENTATION OF MRPA EDUCATION AWARDS VI. REPORT ON THE SHOPPING BUS VII. PROCLAMATION DESIGNATING JANUARY FOR THE RECOGNITION OF DR. MARTIN LUTHER KING,JR. (p. 2) VIII. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS IX. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY,JANUARY 6, 2004 (p. 3) B. CITY COUNCIL MEETING HELD TUESDAY, JANUARY 6, 2004 (p. 5) X. CONSENT CALENDAR A. CLERK'S LICENSE LIST (p. 12) B. TRAXLER OFFICE BUILDING by Keith Traxler. 2nd Reading for Planned Unit Development District Review with waivers on .43 acres, Zoning District Change From Rural to Office on .43 acres, and Site Plan Review on .43 acres. Location: 9340 Hennepin Town Road. (Ordinance for PUD District Review,Zoning District Change,Resolution for Site Plan Review) (p. 13) CITY COUNCIL AGENDA January 20,2004 Page 2 C. MEADOWCROFT by Nickel Land Company 2nd Reading for Planned Unit Development District Review with waivers on 7.08 acres and Zoning District Change From Rural to R1-22 on 7.08 acres. Location: 9950 Dell Road. (Ordinance for PUD District Review, Zoning District Change) (p. 36) D. ADOPT RESOLUTION APPROVING FINAL PLAT OF PIONEER POINT TOWNHOMES 3"ADDITION (p. 65) E. ADOPT RESOLUTION AUTHORIZING SUPPORT OF LEGISLATION ALLOWING EDEN PRAIRIE TO CONTROL HOW ADVANCED LIFE SUPPORT SERVICES IN THE CITY OF EDEN PRAIRIE ARE PROVIDED (p. 67) F. ADOPT RESOLUTION APPROVING EXTENSION OF CONDITIONAL USE LICENSE AGREEMENT WITH HENNEPIN COUNTY FOR PROVISION OF ELECTRONIC DATA FOR MAPPING PURPOSES (p. 69) G. APPROVE PURCHASE OF REPLACEMENT VEHICLES AND EQUIPMENT AS LISTED IN THE 2004 GENERAL FUND BUDGET (p. 73) H. ADOPT RESOLUTION AMENDING FEE RESOLUTION NO. 2003-172, RELATING TO FIRE ALARM AND SPRINKLER SYSTEMS (p. 76) I. APPROVE CHANGE ORDER PROPOSAL REQUESTS 1,2,3,AND 4 FOR RILEY-JACQUES BARND AND APPROVE ADDITIONAL FEES FOR ARCHITECTURAL AND STRUCTURAL SERVICES (p. 79) XI. PUBLIC HEARINGS/MEETINGS A. VACATION OF A ROADWAY EASEMENT IN GRAY FOX BLUFF, VACATION 03-10 (Resolution) (p. 83) B. VACATION OF DRAINAGE AND UTILITY EASEMENTS IN HENNEPIN VILLAGE,VACTION 03-09 (continued from December 16,2003) (p. 89) C. HENNEPIN VILLAGE SITE C AND D REZONING by Pemtom Land Company. Request for Planned Unit Development Concept Amendment on 64.9 acres, Planned Unit Development District Review on 11.99 acres, Zoning District Change from R1- 9.5 to RM 6.5 on 11.99 acres, and Site Plan Review on 11.99 acres. Location: North of Highway 212, east of Spring Road. (Resolution for PUD Concept Amendment, Ordinance for PUD District Review, Zoning District Change) (p. 93) D. MUNICIPAL CONSENT FOR TH312/TH212 (FROM CSAH 4 TO TH212 NEAR CARVER COUNTY ROAD 147)IMPROVEMENTS,I.C. 93-5305 (p. 111) XII. PAYMENT OF CLAIMS (p. 113) CITY COUNCIL AGENDA January 20,2004 Page 3 XIII. ORDINANCES AND RESOLUTIONS A. HENNEPIN VILLAGE SITE A REZONING by Pemtom Land Company. 2nd Reading for Planned Unit Development District Review on 2.55 acres, Zoning District Change from R1-9.5 to RM 6.5 on 2.55 acres, and Site Plan Review on 2.55 acres. Location: North of Highway 212,west of Spring Road. (Ordinance for PUD District Review, Zoning District Change, Resolution for Site Plan Review) (p. 121) B. VACATION OF DRAINAGE AND UTILITY EASEMENTS IN HENNEPIN VILLAGE,VACATION 03-09 (Resolution) (p. 162) C. FIRST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 2,RELATING TO ORGANIZATIONAL RESTRUCTURING (p. 164) XIV. PETITIONS, REQUESTS AND COMMUNICATIONS A. BASEBALL ASSOCIATION REQUEST (p. 167) XV. REPORTS OF ADVISORY BOARDS & COMMISSIONS XVI. APPOINTMENTS XVII. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER C. REPORT OF PARKS AND RECREATION DIRECTOR D. REPORT OF PUBLIC WORKS DIRECTOR E. REPORT OF POLICE CHIEF F. REPORT OF FIRE CHIEF G. REPORT OF CITY ATTORNEY XVIII.OTHER BUSINESS XIX. ADJOURNMENT PROCLAMATION City of Eden Prairie Hennepin County, Minnesota WHEREAS, the City of Eden Prairie, Minnesota, is actively concerned and involved in nurturing and supporting the educational and physical development and achievements of its natives and residents; and WHEREAS, the achievements academically and athletically of our native citizen Christina Collison are a source of great community pride and interest as she represents our hometown in the nation and the University of Minnesota as an accomplished athlete and student, and WHEREAS, she will be especially honored during ceremonies at the University of Minnesota; and "Hometown Days" celebration of her achievements is representative of the recognition our city supports. NOW, THEREFORE, be it resolved that the City of Eden Prairie declares the date of January 25, 2004, as the official Christina Collison, Eden Prairie Hometown Day. Nancy Tyra-Lukens, Mayor City of Eden Prairie 1 PROCLAMATION City of Eden Prairie Hennepin County, Minnesota WHEREAS, the City of Eden Prairie's City Council and Human Rights & Diversity Citizen Advisory Commission sponsors both a Human Rights Award program and a Youth Scholarship Award program, recognizing those that work to create an inclusive community spirit through their actions, activities, and programs; and WHEREAS, the City of Eden Prairie recognizes that Dr. Martin Luther King, Jr., had a dream and dedicated his life to helping freedom exist for all people through his commitment to human rights and his non-violent philosophy; and WHEREAS, the City of Eden Prairie reaffirms its commitment to fostering diversity in our community through the Eden Prairie Manifesto. NOW, THEREFORE, be it resolved, that the City of Eden Prairie hereby proclaims 2004 as a year to celebrate human rights and diversity, and asks all residents to continue their commitment and concern for equal rights for all persons, to dedicate themselves to helping those who do not yet share in that freedom, and to join the City of Eden Prairie in recognizing and celebrating Dr. Martin Luther King, Jr.'s dream. Nancy Tyra-Lukens, Mayor City of Eden Prairie T1.. • , , UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL WORKSHOP/FORUM TUESDAY, JANUARY 6,2004 CITY CENTER 5:00 - 6:25 PM,HERITAGE ROOM II 6:30—7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher, Ron Case, and Jan Mosman, and Philip Young CITY STAFF: City Manager Scott Neal, Police Chief Dan Carlson, Fire Chief George Esbensen, Public Works Director Eugene Dietz, Director of Parks and Recreation Bob Lambert, City Attorney Ric Rosow, and Recorder Lorene McWaters Heritage Room II I. CALL MEETING TO ORDER Mayor Tyra-Lukens called the meeting to order at 5:30 p.m. Councilmember Case was not in attendance. IL APPROVAL OF AGENDA III. STADIUM PROPOSAL Economic Development Manager David Lindahl reviewed an updated,more detailed version of the presentation the City is preparing for submittal to the State on January 15. Lindahl noted that Council will be asked to adopt a resolution supporting the proposal during the regular Council Meeting. Lindahl said he attended a meeting at the Capitol at which the Twins,Vikings, and Gophers presented proposals for stadiums to the Stadium Committee. The Vikings and Twins both strongly believe a new stadium would solve their respective financial problems. The stadium proposed by the Vikings would be designed to host both football and soccer games. Both teams say renovating the Metrodome to fulfill their needs is not feasible. Lindahl said the Twins did a better job of presenting their proposal. The City's submittal is due January 15, and the Stadium Committee will hold a conference call on January 19 to weed out any proposals they do not feel merit further consideration. The Committee plans to have a final recommendation for the Governor by February 4. City Manager Neal asked whether or not the Council feels the City's proposal is one they can support politically. He some minor revisions may be made before a final copy is submitted, but nothing will change materially. All of the Councilmembers present indicated they support the proposal. Butcher and Tyra-Lukens praised Lindahl's work on this project. Mosman said it will be critical to stress the high visibility of the proposed sites in the Golden Triangle. 3 Councilmember Young asked whether or not co-location of Twins and Vikings stadiums is still under consideration. Lindahl said both teams have indicated they would support co-location as long as they have separate facilities. Neal said staff and the Mayor have discussed how public to make the City's proposal before its formally submittal on January 15. They have agreed to make the proposal readily available for review, and it will be posted on the City's website (assuming the Council approves the Resolution supporting the submittal). IV. OTHER TOPICS Council Chamber V. OPEN FORUM (Scheduled participants, 6:30-7:00 p.m.) There were no scheduled speakers for Open Forum. VI. OPEN PODIUM (Unscheduled participants, 6:50-7:00 p.m.) No one requested to speak at Open Podium. VII. ADJOURNMENT y UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY,JANUARY 6,2004 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher, Ron Case, Jan Mosman, and Philip Young CITY STAFF: City Manager Scott Neal,Parks &Recreation Director Bob Lambert, Public Works Director Eugene Dietz, City Planner Michael Franzen, City Attorney Ric Rosow and Council Recorder Theresa Brundage I. ROLL CALL/CALL THE MEETING TO ORDER Mayor Tyra-Lukens called the meeting to order at 7:01 p.m. All members were present. II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION Tyra-Lukens notified the audience that the City Council provides an Open Forum opportunity for Eden Prairie citizens to address the Council on issues related to Eden Prairie city government on the first and third Tuesday of each month from 6:30-6:50 p.m. in the Council Chambers immediately prior to the start of the City Council's regularly scheduled meetings. Open Forum is reserved for scheduled participants. She asked those who wish to speak to the Council during Open Forum to please contact Ms. Lorene McWaters in the City Manager's office by calling 952-949-8412 by noon of the meeting date with their name and the subject matter they 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. She said if you have questions about the process or procedures of Open Forum or Open Podium, please contact the City Manager's office. Tyra-Lukens announced that applications are now being accepted for board and commission member positions with the City of Eden Prairie. She said applications will be due February 6, 2004, and there will be a candidate open house at Eden Prairie Center from 6:30 to 8:30 p.m. on Tuesday, January 27, 2004. She said candidate interview night will be Tuesday, February 24, from 6:30 to 9 p.m., and candidates will be appointed at the March 2, 2004 meeting,with terms to begin in April, 2004. Tyra-Lukens said those interested in applying for the positions should call Michael Barone at 952-949-8433 or Tanya Whitsitt at 952-949-8411. 5 CITY COUNCIL MEETING January 6,2004 Page 2 IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Mosman added,under Reports of Councilmembers, an item regarding an informational paper from Lake Elmo and an item regarding a summary on transportation congestion. Neal added an item under Report of Parks and Recreation Director regarding the Jean Harris Memorial Bridge project. MOTION: Butcher moved, seconded by Mosman,to approve the agenda as published and amended.Motion carried 5-0. V. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY,DECEMBER 16,2003 MOTION: Case moved, seconded by Young,to approve as published,the Minutes of the City Council Workshop held Tuesday,December 16,2003. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY,DECEMBER 16,2003 MOTION: Mosman moved, seconded by Case,to approve as published,the Minutes of the City Council Meeting held Tuesday,December 16,2003. Motion carried 5-0. VI. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. RESOLUTION NO.2004-01 AUTHORIZING CITY OFFICIALS TO TRANSACT BANKING BUSINESS C. RESOLUTION NO.2004-02 DESIGNATING DEPOSITORIES D. RESOLUTION NO.2004-03 AUTHORIZING USE OF FACSIMILE SIGNATURES BY PUBLIC OFFICIALS E. RESOLUTION NO. 2004-05 AUTHORIZING TREASURER OR DEPUTY TREASURER TO INVEST CITY OF EDEN PRAIRIE FUNDS F. RESOLUTION 2004-06 AUTHORIZING TREASURER OR DEPUTY TREASURER TO MAKE ELECTRONIC FUND TRANSFERS FOR CITY OF EDEN PRAIRIE G. RESOLUTION NO.2004-07 AUTHORIZING PAYMENT OF CERTAIN CLAIMS BY FINANCE DEPARTMENT WITHOUT PRIOR COUNCIL APPROVAL 6 CITY COUNCIL MEETING January 6,2004 Page 3 II. RESOLUTION NO.2004-07 APPOINTING COMMISSIONERS TO THE EDEN PRAIRIE HOUSING AND REDEVELOPMENT AUTHORITY I. RESOLUTION NO. 2004-08 ESTABLISHING MEETING DATES AND TIMES FOR CITY BOARDS AND COMMISSIONS FOR 2003 J. RESOLUTION NO.2004-09 DESIGNATING OFFICIAL CITY NEWSPAPER K. APPROVE AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT FOR CSAH 4/VALLEY VIEW ROAD INTERSECTION IMPROVEMENT, I.C. 96-5405 L. APPROVE CHANGE ORDER NO.2 FOR HILLCREST/ALPINE RECONSTRUCTION PROJECT,I.C. 98-5471 M. ADOPT RESOLUTION NO. 2004-10 APPROVING MUTUAL AID AGREEMENT WITH HENNEPIN COUNTY FIRE CHIEFS ASSOCIATION N. ADOPT RESOLUTION NO. 2004-11 APPROVING STADIUM PROPOSAL MOTION: Butcher moved, seconded by Young,to approve Items A-N of the Consent Calendar.Motion carried 5-0. VII. PUBLIC HEARINGS/MEETINGS VIII. PAYMENT OF CLAIMS Case questioned the account description of"Interest Subsidy"on the Lincoln Parc project and other projects. He asked what direct participation the city has with Lincoln Parc.David Lindahl said Lincoln Parc is a tax increment district and is also a community development block grant loan.He said the tax increment is not being used to subsidize the interest on the bonds.Neal said it does make sense to do this at the beginning of the year. Case requested a memo from staff that clarifies the meaning of Interest Subsidy. MOTION: Young moved, seconded by Case,to approve the Payment of Claims. The motion was approved on a roll call vote,with Butcher, Case,Mosman,Young and Tyra-Lukens voting"aye." IX. ORDINANCES AND RESOLUTIONS X. PETITIONS,REQUESTS AND COMMUNICATIONS A. PRESERVE ASSOCIATION DUES City Manager Scott Neal said this is a request from the Preserve Association. He said the city acquired a piece of property within the preserve association through a tax forfeiture and the property has been dedicated to park and open space use.He said last year a communication was received from the Preserve Association asking for I CITY COUNCIL MEETING January 6,2004 Page 4 association dues since the city is now a member of the association.Neal said the City is not in the same class of ownership as other association members and does not receive benefits or voting privileges, so declined the request of$455.81 in fees. He said the association asked for City Council confirmation of the staff's action.Neal said staff recommends declining the association fee. MOTION: Mosman moved to authorize staff to respond to the Preserve Association's letter indicating that the City of Eden Prairie will not pay the Preserve Association dues as property was designated Park and Open Space land when the City applied for acquisition of the tax forfeited parcel. The City of Eden Prairie will be responsible for maintenance of that conservation area. Seconded by Butcher, motion carried 5-0. B. JEAN HARRIS MEMORIAL BRIDGE BIDS City Manager Scott Neal reported the bid opening for this took place this afternoon and the Riley Purgatory Bluff Creek Watershed District will meet tomorrow night, so there is a very tight timeline on the project. Lambert said the bridge is part of a much larger project, the excavation of the large ponding area south of Technology Drive and north of the dike where many trees will be taken down. He said the ponding area will have an outlet through the dike with a bridge over the top of the outlet that will be the Jean Harris Memorial Bridge. Lambert said the agreement was that the watershed district pay for half of all the trails and bridges,but the base bid involves a plain bridge and the additional cost to build the Jean Harris Bridge will be$145,000. Lambert said the low bidder was Veit Companies with a base bid of$719,258, and staff recommended that since the watershed district saved over$300,000 on this project, it might be worthwhile to ask them to contribute to the additional cost. Young asked if the bid is authorized, is the City responsible for the entire cost of the alternate bridge. Lambert said that is correct. Lambert suggested possibly meeting with the contractor and attempt to negotiate a change order that would include the abutments that would include the bridge, deduct the cost of the bridge itself, and allow the city to bid out the bridge alone. Young said he needs to abstain from voting on this because Viet Companies are his clients. Tyra-Lukens said because of the way the construction on the bridge would occur, the alternate bridge plan cannot be pulled MOTION: Butcher moved, seconded by Case, to authorize the Riley Purgatory Bluff Creek Watershed District to accept the Bridge alternate bid for the Purgatory Creek Recreation Area Phase IV. Case suggest staff be directed to open a dialog with the watershed district to discuss help with funding the bridge. Case said he likes the change order concept. CITY COUNCIL MEETING January 6,2004 Page 5 Tyra-Lukens noted that the city and watershed district are taxpayer-supported organizations. Motion carried 4-0 with Young abstaining. XI. REPORTS OF ADVISORY BOARDS & COMMISSIONS XII. APPOINTMENTS A. RESOLUTION NO. 2004-12 DESIGNATING OFFICIAL MEETING DATES, TIME AND PLACE FOR THE CITY OF EDEN PRAIRIE CITY COUNCIL IN 2004 AND APPOINTING COUNCILMEMBER CASE ACTING MAYOR MOTION: Mosman moved, seconded by Butcher, to adopt a Resolution designating the official meeting dates, time and place for the City of Eden Prairie Council in 2004 and appointing Councilmember Case the Acting Mayor. Case asked about the first November meeting due to this being an election year. Tyra- Lukens said that is included and Council will not meet that day. In addition, Tyra- Lukens said the March meetings have been changed from the first and third Tuesdays to the second and fourth Tuesdays.Neal said the first week of April is spring break for Eden Prairie schools and there is a meeting scheduled that week,but it can be dropped or moved to the second and fourth Tuesdays. Motion was amended to include that April meetings be held the second and fourth Tuesdays. Motion carried 5-0. B. RESOLUTION NO. 2004-13 APPOINTING DIRECTOR AND ALTERNATE DIRECTOR TO THE SUBURBAN RATE AUTHORITY FOR 2004 MOTION: Mosman moved, seconded by Butcher, to adopt resolution designating Councilmember Case as the Director and Public Works Director Gene Dietz as the Alternate Director to the Suburban Rate Authority. Case noted that the Suburban Rate Authority is a 37-city organization that lobbies on behalf of suburban cities and much of the information is pertinent to public works. Motion carried 5-0. C. APPOINTMENT OF EDEN PRAIRIE CITY COUNCIL REPRESENTATIVE TO SOUTHWEST METRO TRANSIT BOARD FOR A THREE-YEAR TERM MOTION: Case moved, seconded by Young, to appoint Nancy Tyra-Lukens to Southwest Metro Transit Board as the Eden Prairie City Council Representative for a three-year term to end December 31, 2006. Motion carried 5-0. D. APPOINTMENT OF MAYOR TYRA-LUKENS AS DELEGATE AND COUNCILMEMBERS AS ALTERNATES TO THE ASSOCIATION OF METROPOLITAN MUNICIPALITIES MOTION: Case moved, seconded by Mosman,to approve the appointment of 9 CITY COUNCIL MEETING January 6, 2004 Page 6 Mayor Tyra-Lukens as Delegate and Councilmembers as Alternates to the Association of Metropolitan Municipalities. Motion carried 5-0. E. APPOINTMENT OF MAYOR TYRA-LUKENS AS DELEGATE AND COUNCILMEMBERS AS ALTERNATES TO THE NATIONAL LEAGUE OF CITIES MOTION: Case moved, seconded by Mosman, to approve appointment of Mayor Tyra-Lukens as Delegate and Councilmembers as Alternates to the National League of Cities. Motion carried 5-0. F. APPOINTMENT OF MAYOR TYRA-LUKENS TO THE MUNICIPAL LEGISLATIVE COMMISSION MOTION: Case moved, seconded by Butcher, to approve appointment of Mayor Tyra-Lukens to the Municipal Legislative Commission. Motion carried 5-0. G. APPOINTMENT TO SOUTHWEST CORRIDOR COMMISSION MOTION: Butcher moved, seconded by Case,to approve appointment of Mayor Tyra-Lukens as Delegate and Councilmembers as Alternates to the National League of Cities. Motion carried 5-0. H. APPOINTMENT TO COMMUNITY RESOURCE CENTER ADVISORY COUNCIL MOTION: Case moved, seconded by Mosman, to approve appointment of Councilmember Butcher to the Community Resource Center Advisory Council. Motion carried 5-0. I. APPOINTMENT TO SOUTHWEST CABLE TV COMMISSION MOTION: Butcher moved, seconded by Mosman,to approve appointment of Councilmember Case to the Southwest Cable TV Commission. Motion carried 5-0. J. APPOINTMENT TO EDEN PRAIRIE FOUNDATION MOTION: Butcher moved, seconded by Mosman, to approve appointment of Councilmember Young to the Eden Prairie Foundation. Motion carried 5-0. K. APPOINTMENT TO I-494 CORRIDOR COMMISSION MOTION: Case moved, seconded by Butcher, to approve appointment of Councilmember Mosman to the I-494 Corridor Commission. Motion carried 5-0. L. APPOINTMENT TO HENNEPIN SOUTH SERVICES COLLABORATIVE MOTION: Young moved, seconded by Case,to approve appointment of CITY COUNCIL MEETING January 6,2004 Page 7 Councilmember Butcher to the Hennepin South Services Collaborative. Motion carried 5-0. M. APPOINTMENT TO CITY AND SCHOOL FACILITIES USE TASK FORCE MOTION: Case moved, seconded by Butcher, to approve appointment of Councilmember Young to the City and School Facilities Use Task Force. Motion carried 5-0. N. APPOINTMENT TO BUILDING ASSETS TOGETHER COMMITTEE Mosman requested holding this appointment because she believes the Building Assets Together had dissolved into a networking type organization that included school staff and City representatives and YMCA representatives. She said she can find out more about this and bring this up again at a future meeting. XIII. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS Mosman passed out to Councilmembers information on local control of development as opposed to Met Council control of development. She said she read in Sunday's paper that Lake Elmo's appeal had been overturned and the Met Council was given control and authority over development. Mosman also read a summary from a meeting she attended regarding transportation and congestion within cities. B. REPORT OF CITY MANAGER C. REPORT OF PARKS AND RECREATION DIRECTOR D. REPORT OF PUBLIC WORKS DIRECTOR E. REPORT OF POLICE CHIEF F. REPORT OF FIRE CHIEF G. REPORT OF MANAGEMENT AND BUDGET DIRECTOR H. REPORT OF CITY ATTORNEY XIV. OTHER BUSINESS XV. ADJOURNMENT MOTION: Case moved, seconded by Young,to adjourn the meeting.Motion carried 5-0. Mayor Tyra-Lukens adjourned the meeting at 7:50 p.m. tl CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 20, 2004 DEPARTMENT: ITEM DESCRIPTION: ITEM NO.: Police/C.O.P. Unit Clerk's License Application List Christy Weigel These licenses have been approved by the department heads responsible for the licensed activity. • Cigarette &Tobacco Products Kath Fuel Oil Services Co. (Formerly ConocoPhillips Company#6220) DBA: Gas Plus 17 Raffle Organization: Kent Hrbek Celebrity Tournament Place: Bearpath Golf& Country Club Date: June 7, 2004 Organization: Eden Prairie Foundation Place: Bearpath Golf& Country Club Date: February 28, 2004 Temporary Liquor Organization: Eden Prairie Lions Club Event: Taste of Eden Prairie Date: February 7, 2004 Place: Eden Prairie Center ,2' CITY COUNCIL AGENDA DATE: 1/20/04 SECTION: Consent Agenda DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Office of City Manager/Planning Scott H. Neal Traxler Office Building • ' Danette M. Moore • Requested Action Move to: • Approve 2nd Reading of the Ordinance for Planned Unit Development District Review with waivers and Zoning District Amendment within the Office Zoning District on 0.43 acres; and • Adopt the Resolution for Site Plan Review; and • Approve the Development Agreement for the Traxler Office Building; and • Approve and Authorize Issuance of a Grading Permit for Traxler Office Building, subject to release by the City Engineer upon determination that the final contract documents conform to plans dated October 8, 2003, as approved by the City Council. Synopsis This project is a 3,100 square foot office building. • At the December 2, 2003 Council Meeting, Councilmember Case requested that staff research the possibility of a berm between the office building and the adjacent residences. After evaluating the impacts of the introduction of a berm, staff found that further alteration of the natural grades would negatively impact drainage and decrease the number of trees that could be established on the site. Attachments 1. Ordinance for PUD District Review with waivers and Zoning District Amendment 2. Resolution for Site Plan Review 3. Development Agreement • • 13 TRAXLER OFFICE BUILDING CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 1-2004-PUD-1-2004 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 Office Zoning District 1- 2004-PUD-1-2004 (hereinafter "PUD-1-2004-Office"). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of January 20, 2004, entered into between CCR Homes Inc., and the City of Eden Prairie, (hereinafter "Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD-1-2004-Office, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-1-2004-Office is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-1-2004-Office is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-1-2004-Office are justified by the design of the development described therein. D. PUD-1-2004-Office 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 Office Zoning District and shall be included hereafter in the Planned Unit Development PUD-1-2004-Office and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 2nd day of December, 2003, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the 20th day of January, 2004. ATTEST: Kathleen A. Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie Sun Current on EXHIBIT A PUD Legal Description— TRAXLER O}I ICE BUILDING Legal Description Before Final Plat: • A tract of land in the Southeast Quarter of Section 24,Township 116,Range 22,Hennepin County,Minnesota, Commencing at a point 215 feet north of the Southeast corner of Section 24; thence west and parallel to the south line of said Section a distance of 238 feet;thence north and parallel to the east line of said Section a distance of 100 feet; thence east and parallel to the south line of said Section a distance of 238 feet;thence south along said east line a distance of 100 feet to the point of beginning. Legal Description After Final Plat: Lot 1, Block 1,TRAXLER ADDITION,Hennepin County,Minnesota /6 TRAXLER OFFICE BUILDING CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO. 1-2004-PUD-1-2004 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 9340 Hennepin Town Road from the Rural Zoning District to the 0 ffice Zoning District on .43 acres. 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.) 14 TRAXLER OFFICE BUILDING CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2004- A RESOLUTION GRANTING SITE PLAN APPROVAL FOR TRAXLER OFFICE BUILDING BY CCR HOMES INC. WHEREAS, CCR Homes Inc., has applied for Site Plan approval of Traxler Office Building for construction of a 3,100 square foot office building, by an Ordinance approved by the City Council on January 20, 2004; and WHEREAS, the Community Planning Board reviewed said application at a public hearing at its November 10, 2003 meeting and recommended approval of said site plans; and WHEREAS,the City Council has reviewed said application at a public hearing at its December 2, 2003 meeting. NOW,T HEREFORE,BE IT H EREBY RESOLVED B Y THE C ITY C OUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval be granted to CCR Homes Inc., based on the developer agreement between CCR Homes Inc., and the City of Eden Prairie, reviewed and approved by the City Council on January 20, 2004. ADOPTED by the City Council of the City of Eden Prairie this 20th day of January, 2004. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen A. Porta, City Clerk � U DEVELOPMENT AGREEMENT TRAXLER OFFICE BUILDING THIS DEVELOPMENT AGREEMENT("Agreement")is entered into as of January 20,2004,by CCR Homes 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 Guide Plan Change from Low Density Residential to Office on.43 acres,Planned Unit Development Concept Review on.43 acres,Planned Unit Development District Review with waiver on .43 acres, Zoning District Change from Rural to Office Zoning District on .43 acres, Site Plan Review on .43acres, and Preliminary Plat of.43acres into 1 lot, legally described on Exhibit A(the"Property"); NOW, THEREFORE, in consideration of the City adopting Resolution No.2003-168 for Guide Plan Change, Resolution No. 2003-169 for Planned Unit Development Concept Review, Ordinance No. 1-2004-PUD-1-2004 for Planned Unit Development District Review and Zoning District Change from Rural to Office on .43 acres, Resolution No. _ for Site Plan Review,and Resolution No.2003-170 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 October 8,2003,reviewed and approved by the City Council on December 2, 2004, (hereinafter the "Plans") and identified on Exhibit B, subject to such changes and modifications as provided herein. 1cj 2. EXHIBIT C: Developer agrees to the terms, covenants, agreements, and conditions set forth in Exhibit C. 3. DEVELOPER'S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a violation of City Code relating to use of the Land construction thereon or failure to fulfill an obligation imposed upon the Developer pursuant to this Agreement,City shall give 24 hour notice of such violation in order to allow a cure of such violation,provided however, City need not issue a building or occupancy permit for construction or occupancy on the Land while such a violation is continuing,unless waived by City. The existence of a violation of City Code or the failure to perform or fulfill an obligation required by this Agreement shall be determined solely and conclusively by the City Manager of the City or a designee. 4. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall release,defend and indemnify City,its elected and appointed officials,employees and agents from and against any and all claims, demands, lawsuits, complaints, loss, costs (including attorneys' fees), damages and injunctions relating to any acts, failures to act, errors, omissions of Developer or Developer's consultants,contractors,subcontractors,suppliers and agents. Developer shall not be released from its responsibilities to release, defend and indemnify because of any inspection,review or approval by City. 5. EXTERIOR MATERIALS: Prior to building permit issuance,Developer shall submit to the City Planner, and receive the City Planner's written approval of a plan depicting exterior materials and colors to be used on the buildings on the Property. Prior to issuance of any occupancy permit for the Property, Developer shall complete implementation of the approved exterior materials and colors plan in accordance with the terms and conditions of Exhibit C, attached hereto. 6. GRADING, DRAINAGE, AND EROSION CONTROL PLANS: A. FINAL GRADING AND DRAINAGE PLAN: Developer agree that the grading and drainage plan contained in the Plans may require revision based on review by the City Engineer of the final construction documents which include a construction grading and drainage plan. Prior to the release of a land alteration permit for the Property,Developer shall submit and obtain the City Engineer's written approval of the construction grading and drainage plan for the Property. The construction grading and drainage plan shall include all wetland, wetland buffer strips, wetland buffer monument locations, water quality ponds, storm water detention areas and other items required by the application for and release of a land alteration permit.All design calculations for storm water quality and quantity together with a drainage area map shall be submitted with the final grading and drainage plan. Prior to release of the grading bond, Developer shall certify to the City that the water quality pond conforms to the final grading plan. Developer shall employ the design professional who prepared the construction grading plan.The design professional shall monitor construction for conformance to the approved construction grading plan and City erosion control policy. The design professional shall provide a final report to the City certifying completion of the grading in conformance the approved construction grading plan and City erosion control policy. B. EROSION CONTROL PLAN: Prior to issuance of a land alteration permit, Developer s hall submit t o the City Engineer and obtain City Engineer's written approval of an erosion control plan for the Property. The erosion control plan shall include all boundary erosion control features,temporary stockpile locations and turf restoration procedures: All site grading operations shall conform to the City's Erosion Control Policy labeled Exhibit D, attached hereto and made a part hereof. Prior to release of the grading bond,Developer shall complete implementation of the approved plan. Developer shall remove any sediment that accumulates in the existing and/or proposed sedimentation pond during construction. Upon request by the City, Developer shall provide preconstruction and post construction surveys for evaluation by City. 7. IRRIGATION PLAN: Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for irrigation of the landscaped areas on the Property. The irrigation plan shall be designed so that water is not directed on or over public trails and sidewalks. Developer shall complete implementation of the approved irrigation plan in accordance with the terms and conditions of Exhibit C prior to issuance of any occupancy permit for the Property. 8. LANDSCAPE PLAN: Prior to building permit issuance,the Developer shall submit to the City Planner and receive the City Planner's written approval of a final landscape plan for the Property depicting a total of 165caliper inches. The approved landscape plan shall be consistent with the quantity,type,and size ofplant materials shown on the landscape plan on the Plans. Developer shall furnish to the City Planner and receive the City Planner's approval of a landscape bond equal to 150% of the cost of said improvements as required by City Code. Prior to issuance of any occupancy permit for the Property, Developer shall complete implementation of the approved landscape plan in accordance with the terms and conditions of Exhibit C. 9. MECHANICAL EQUIPMENT SCREENING: Developer shall submit to the City Planner,and receive the City Planner's written approval of a plan for screening ofinechanical I equipment on the Property. For purposes of this paragraph, "mechanical equipment" includes gas meters,electrical conduit,water meters,and standard heating,ventilating,and air-conditioning units. Security to guarantee construction of said screening shall be included with that provided for landscaping on the Property, in accordance with City Code requirements. D eveloper s hall complete implementation oft he approved plan prior to issuance of any occupancy permit for the Property. If,after completion of construction of the mechanical equipment screening,it is determined by the City Planner,in his or her sole discretion,that the constructed screening does not meet the Code requirements to screen mechanical equipment from public streets and differing, adjacent land uses, then the City Planner shall notify Developer and Developer shall take corrective action to reconstruct the mechanical equipment screening in order to cure the deficiencies identified by the City Planner. Developer agrees that the City will not release the security provided until Developer completes all such corrective measures. 10. NURP POND: Developer acknowledges City's requirement that a NURP facility for the treatment of storm water be created and maintained on the Property. Developer has represented to City that construction of such a pond on the Property is not feasible. As a result,Developer has volunteered to make a payment to the City prior to the release of the Final Plat, equal to the amount of 2%of the land acquisition costs,plus $1,000 per acre of impervious surface area on site,which Developer and City agree is an amount sufficient to substantially offset the additional impact on the City's storm water facilities caused by the absence of a NURP pond on the Property. Developer waives any and all rights to object to the nature or amount of this voluntary payment and shall hold harmless, defend and indemnify City against any claims made by any party that the nature or amount of the payment is invalid for any reason. Developer acknowledges that this payment is in lieu of a NURP facility only and that Developer and the Property may still be assessed or charged other amounts for construction and maintenance of storm water facilities,including but not limited to amounts for the storm water utility fund and special assessments relating to the Property. 11. OUTSIDE STORAGE: Developer shall not permit on the Property any outside storage of inoperable automobiles, automobile parts, equipment,inventory or refuse. 12. PERFORMANCE STANDARDS: Developer agrees that the Property will be operated in a manner meeting all applicable noise,vibration,dust and dirt,smoke,odor and glare laws and regulations. Developer further agrees that the facility upon the Property shall be operated so noise,vibration,dust and dirt,smoke,odor and glare do not go beyond the Property boundary lines. 13. PRIVATE SANITARY SEWER CONSTRUCTION AND MAINTENANCE: The Developer shall construct the private sanitary sewer service for the Property pursuant to the Grant of Easement made under that certain document entitled"Utility Easement"executed July 15, 1999, recorded July 16, 1999 with the Hennepin County Recorder as Document Number 7146660(hereinafter referred to as"Utility Easement"). The private sanitary sewer service shall be constructed as depicted on the plans within the`Basement Area"set forth in the Utility Easement. The sanitary sewer service shall be privately owned and maintained by the Developer or Owner(s). 14. PUD WAIVERS GRANTED: The city hereby grants the following waiver to City Code requirements within the Office District through the Planned Unit Development District Review for the Property and incorporates said waivers as part of PUD ( 1: A waiver from front yard setback to parking of 35 feet to 17.5 feet. Developer shall provide additional screening within the setback in or to minimize the impact of this waiver. The plans for the additional screening shall be submitted to and approved in writing by the City Planner prior to issuance of any building permit for the Property. 15. REMOVAL/SEALING OF EXISTING WELL AND SEPTIC SYSTEMS: Prior to issuance by City of any permit for grading or building on the Property, Developer shall submit to the Chief Building Official and to obtain the Chief Building Official's written approval of plans for demolition and removal of existing septic systems and wells on the Property, and restoration of the Property. Prior to such demolition or removal, Developer shall provide to the City a deposit in the amount of$ 1,000 to guarantee that Developer completes implementation of the approved plan. The city shall return to Developer the $ 1,000 deposit at such time as the Chief Building Official has verified in writing that the Developer has completed implementation of the approved plan. 16. SIGNS: Developer agrees that for each sign which requires a permit by Eden Prairie City Code,Section 11.70,Developer shall file with the City Planner and receive the City Planner's written approval of an application for a sign permit. The application shall include a complete description of the sign and a sketch showing the size, location,the manner of construction, and other such information as necessary to inform.the•City of the kind, size,material construction,and location of any such sign,consistent with the sign plan shown on the Plans and in accordance with the requirements of City Code, Section 11.70, Subdivision 5a. 17. SITE LIGHTING: Prior to building permit issuance, Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for site lighting on the Property. All pole lighting shall consist of downcast shoebox fixtures not to exceed 20 feet in height. Developer shall complete implementation of the approved lighting plan prior to issuance of any occupancy permit for the Property. 18. SPECIAL ASSESSMENT AGREEMENT: Prior to the release of the final plat for the Property,an assessment agreement,in the form and substance as attached in Exhibit E,shall be signed by the owner(s) of the Property with the City for trunk sewer and water assessments on an assessable area o f 0.43 a cres in the amount o f$2,369.30 and for a connection fee for the Property in the amount of$13,925.00. a3 19. TRASH: Developer agrees that all trash, trash receptacles and recycling bins shall at all times be located inside the approved primary structure,or a trash enclosure approved by the City Planner. This trash enclosure shall be constructed with face brick to match the building, include a roof,and heavy duty steel gates that completely screen the interior of the enclosure. 20. TREE LOSS - TREE REPLACEMENT: There are 200 diameter inches of significant trees on the Property. Tree loss related to development on the Property is calculated at 200 diameter inches. Prior to the issuance of any grading permit for the Property,Developer shall submit to the City Forester and receive the City Forester's written approval of a tree replacement plan for 165 caliper inches. This approved plan shall include replacement trees of a 3-inch diameter minimum size for a shade tree and a 7-foot minimum height for conifer trees. The approved plan shall also provide that, should actual tree loss exceed that calculated herein,Developer shall provide tree replacement on a caliper inch per caliper inch basis for such excess loss. Prior to issuance of any grading permit for the Property,Developer shall furnish to the City Planner and receive the City Planner's approval of a tree replacement bond equal to 150%of the cost of said improvements as required by City Code. Developer shall complete implementation of the approved tree replacement plan prior to occupancy permit issuance. IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. CCR Homes,Inc. CITY OF EDEN PRAIRIE ByV tk' f�--L---- By Keith A. Traxler Nancy Tyra-Lukens Its President 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 ,2004, by Nancy Tyra-Lukens and Scott H.Neal,respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) e fore • g instrument packnowleded before me 94of4/(xary,2004,by se( r —, of . 7cc - , a Minnesota G6Y�aid-�� , on behalf of the d t.... — . me ANWWW~A~MMAMAMANON4 s . otary Public JANE E. HOVIND NOTARY PUBLIC-M NNESOTA .,NE, My Commission Expires Jan.31,2005 Y t EXHIBIT A - LEGAL DESCRIPTION DEVELOPMENT AGREEMENT—TRAXLER OFFICE BUILDING Legal Description Before Final Plat: A tract of land in the Southeast Quarter of Section 24, Township 116,Range 22,Hennepin County,Minnesota, Commencing at a point 215 feet north of the Southeast corner of Section 24; thence west and parallel to the south line of said Section a distance of 238 feet; thence north and parallel to the east line of said Section a distance of 100 feet; thence east and parallel to the south line of said Section a distance of 238 feet;thence south along said east line a distance of 100 feet to the point of beginning. Legal Description After Final PIat: Lot 1, Block 1, TRAXLER ADDITION, Hennepin County, Minnesota EXHIBIT B DEVELOPMENT AGREEMENT—TRAXLER OFFICE BUILDING Narrative stamp dated 10/10/03 by Keith Traxler Site Plan dated 3/18/03 by Habitat Architecture,Inc. Survey dated 3/24/03 by Demars-Gabriel Land Surveyors,Inc. Building Elevations dated 4/28/03 by Habitat Architecture,Inc. Building Floor Plans dated 3/18/03 by Habitat Architecture,Inc. Existing Drainage Survey dated 10/8/03 by Demars-Gabriel Land Surveyors,Inc. Preliminary Plat dated 10/10/03 by Demars-Gabriel Land Surveyors,Inc. Grading,Drainage and Erosion Control Plan dated 7/30/03 by Quality Site Design,LLC Utility Plan dated 7/30/03 by Quality Site Design,LLC Detail Plan Sheet dated 7/30/03 by Quality Site Design,LLC Landscape Plan dated 9/02/03 by Quality Site Design, LLC EXHIBIT C DEVELOPMENT AGREEMENT—TRAXLER OFFICE BUILDING I. Prior to release of any building permit, Developer shall submit to the City Engineer for approval two copies of a development plan(1"=100' scale)showing existing and proposed contours,proposed streets,and lot arrangements and size,minimum floor elevations on each lot,preliminary alignment and grades for sanitary sewer,water main,and storm sewer, 100- year flood plain contours, ponding areas, tributary areas to catch basins, arrows showing direction of storm water flow on all lots,location of walks,trails,and any property deeded to the City. II. Developer shall submit detailed construction and storm sewer plans to the Watershed District for review and approval. Developer shall follow all rules and recommendations of said Watershed District. III. Developer shall pay cash park fees as to all of the Property required by City Code in effect as of the date of the issuance of each building permit for construction on the Property. IV. If Developer fails to proceed in accordance with this Agreement within twenty-four (24) months of the date hereof, Developer, for itself, its successors, and assigns, shall not oppose the City's reconsideration and rescission of any Rezoning,Site Plan review and/or Guide Plan review approved in connection with this Agreement,thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. V. Provisions of this Agreement shall be binding upon and enforceable against owners, their successors, and their assigns of the Property herein described. VI. The Developer hereby irrevocably nominates,constitutes, and appoints and designates the City as its attorney-in-fact for the sole purpose and right to amend Exhibit A hereto to identify the legal description of the Property after platting thereof. VII. Developer represents that it has marketable fee title to the Property, except: INSERT ANY NAME/COMPANY LISTED IN ANY OWNER'S SUPPLEMENT TO THE DEVELOPER'S AGREEMENT) With respect to any interest in all portions of the Property which Developer is required, pursuant to this Agreement, to dedicate or convey to the City(the "Dedicated Property"), Developer represents and warrants as follows now and at the time of dedication or conveyance: A. That Developer has marketable fee title free and clear of all mortgages, liens, and other encumbrances. Prior to final plat approval,Developer shall provide to the City a current title insurance policy insuring such a condition of title. B. That Developer has not used, employed, deposited, stored, disposed of, placed or otherwise allowed to come in or on the Dedicated Property,any hazardous substance, hazardous waste, pollutant, or contaminant, including,b ut not 1 imited t o, t hose defined in or pursuant to 42 U.S.C. § 9601, et. seq.,or Minn. Stat., Sec. 115B.01,et. seq. (such substances,wastes,pollutants, and contaminants hereafter referred to as "Hazardous Substances"); C. That Developer has not allowed any other person to use, employ, deposit, store, dispose of,place or otherwise have,in or on the Property,any Hazardous Substances. D. That no previous owner, operator or possessor of the Property deposited, stored, disposed of, placed or otherwise allowed in or on the Property any hazardous substances. Developer agrees to indemnify, defend and hold harmless City, its successors and assigns, against any and all loss,costs,damage and expense,including reasonable attorneys fees and costs that the City incurs because of the breach of any of the above representations or warranties and/or resulting from or due to the release or threatened release of Hazardous Substances which were, or are claimed or alleged to have been,used, employed,deposited, stored, disposed of, placed, or otherwise located or allowed to be located, in or on the Dedicated Property by Developer, its employees, agents, contractors or representatives. VIII. Developer acknowledges that Developer is familiar with the requirements of Chapter 11, Zoning,and Chapter 12,Subdivision Regulations,of the City Code and other applicable City ordinances affecting the development of the Property. Developer agrees to develop the Property in accordance with the requirements of all applicable City Code requirements and City Ordinances. IX. Prior to release of the final plat,Developer shall pay to City fees for the first three(3)years' street lighting on the public streets adjacent to the Property(including installation costs, if any, as determined by electrical power provider), engineering review, and street signs. X. Developer shall submit detailed water main, fire protection, and emergency vehicle access plans to the Fire Marshal for review and approval. Developer shall follow all the recommendations of the Fire Marshal. XI. Developer acknowledges that the rights of City performance of obligations of Developer contemplated in this agreement are special,unique, and of an extraordinary character, and that, in the event that Developer violates, or fails, or refuses to perform any covenant, condition, or provision made herein, C ity m ay b e without an adequate remedy at 1 aw. Developer agrees,therefore,that in the event Developer violates,fails,or refuses to perform any covenant, condition, or provision made herein, City may, at its option, institute and prosecute an action to specifically enforce such covenant, withhold building permits or rescind or revoke any approvals granted by the City. No remedy conferred in this agreement is intended to be exclusive and each shall be cumulative and shall be in addition to every other remedy. The election of anyone or more remedies shall not constitute a waiver of any other remedy. XII. Developer shall,prior to the commencement of any improvements,provide written notice to Time Warner Cable,a Minnesota Limited Partnership,the franchisee under the City's Cable Communication Ordinance(80-33) of the development contemplated by this Development Agreement. Notice shall be sent to Time Warner Cable, 801 Plymouth Avenue North, Minneapolis,Minnesota 55411. XIII. Prior to building permit issuance,all fees associated with the building permit shall be paid to the Inspections Department,including;Building permit fee,plan check fee,State surcharge, metro system access charge(SAC),City SAC and City water access charge(WAC),and park dedication. Contact Metropolitan Waste Control to determine the number of SAC units. XIV. Prior to building permit issuance, existing structures, wells and septic systems (if present) shall be properly abandoned or removed as required by City ordinance and all permits obtained through the Inspections Department. XV. Prior to building permit issuance,provide two copies of an approved survey or site plan(1" 200 scale)showing proposed building location and all proposed streets,with approved street names, lot arrangements and property lines. XVI. The City shall not issue any building permit for the construction of any building,structure,or improvement o n the Property until a 11 requirements listed i n t his E xhibit C have b een satisfactorily addressed by Developer. XVII. No failure of the City to comply with any term,condition,covenant or agreement herein shall subject the City to liability for any claim for damages, costs.or other financial or pecuniary charges. No execution on any claim, demand, cause of action or judgment shall be levied upon or collected from the general credit, general fund or taxing powers of the City. XVIII. Prior to issuance of the first building permit for the Property, Developer shall permanently demarcate the location of the boundary of the conservation easement on each lot property line or corner with permanent four-foot tall posts. A 2 '/2 by 6 inch sign or decal reading "Scenic/Conservation Easement Boundary,City of Eden Prairie",will be affixed to the top of the post. 30 EXHIBIT D DEVELOPMENT AGREEMENT—TRAXLER OFFICE BUILDING EROSION CONTROL POLICY-AUGUST 1, 1997 1. All construction projects permitted by the City of Eden Prairie which results in the temporary disturbance of vegetative or non-vegetative surfaces protecting soils from erosion require the use of Best Management Practices (BMP's) as outlined in the Minnesota Pollution Control Agency's manual,Protecting Water Quality in Urban Areas,to mitigate the impact of erosion on wetland and water resources. The City Engineer or the Director of Inspections may impose special conditions to permits which stipulate erosion control procedures and/or direct the installation of erosion control features or the clean up of erosion at construction sites. Permits affected by this policy include all grading permits,building permits,and permits for the installation of utilities. 2. All erosion control systems stipulated in the permit application shall be installed prior to the issuance of the permit. Supplemental erosion control systems ordered by the City Engineer or the Director of Inspections shall be installed within 48 hours of that order. 3. The applicant must maintain all erosion control systems in a functional condition until the completion of turf and/or structural surfaces, which protect the soil from erosion. The applicant must inspect erosion control biweekly and immediately after each rainfall event of .5 inches or more. Needed maintenance shall be performed within 48 hours. 4. Best Management Practices(BMP's)shall be utilized at all construction sites to minimize the trackage or spillage of soil on public streets or highways. BMP's may include,but are not limited to,rock construction entrances,washing stations,frequent cleaning of streets adjacent to the construction site or limiting operations when site conditions are unmanageable. Trackage or spillage of soil on a public street or highway must be cleaned by power sweepers within the time frame stipulated in the permit special conditions or as ordered by the City Engineer or the Director of Inspections. 5. If erosion breaches the perimeter of a construction site, the applicant shall immediately develop a clean up and restoration plans, obtain the right-of-entry from the adjoining property owner, and implement the clean up and a restoration plan within 48 hours of obtaining the adjoining property owner's permission. In the event eroded soils enter onto or are tracked or spilled on a public street,highway,sidewalk or trail,the applicant shall remove the soil material and thoroughly sweep the street or sidewalk surface within four hours. If eroded soils enter,or entrance appears imminent,into wetlands or other water bodies,clean up and repair shall be immediate. The applicant shall provide all traffic control and flagging required to protect the traveling public during the clean up operations. 6. When an applicant fails to conform to any provision of this policy within the time stipulated in a written notification,the City may take the following actions: a. Withhold the scheduling of inspections and/or the issuance of a Certificate of Occupancy or other approvals. 31 b. Direct the correction of the deficiency by City personnel or separate contract. c. Withhold the issuance of building permits d. At its option,institute and prosecute an action to enjoin violations of this Agreement and/or an action to specifically enforce performance of this Agreement The issuance of a permit constitutes a right-of-entry for the City or its contractor to enter upon the construction site for the purpose of correcting deficiencies in erosion control. All costs, including but not limited to, attorneys'fees and engineering fees incurred by the City in correcting erosion control deficiencies or enforcing this policy shall be reimbursed by the applicant. All invoices for erosion control correction shall be due and payable within 30 days. Invoices not paid within 30 days shall accrue interest at a rate of 1%per month or the highest legal rate. Each charge for correction of erosion deficiencies shall be a lien upon the property to which the permit applies. Invoices more than 30 days old on September 30 or any year or on any other date as determined by the City Engineer or the Director of Inspections maybe assessed against the property. As a condition of the permit, the owner shall waive notice of any assessment hearing to be conducted by the City, concur that the benefit to the property exceeds the amount of the proposed assessment and waive all rights by virtue of Minnesota Statute 429.081 or otherwise to challenge the amount or validity of the assessment. I,We,The Undersigned,hereby accept the terms and conditions of the Erosion Control Policy dated August 1, 1997 as set forth and agree to fully comply therewith, to the satisfaction of the City of Eden Prairie,Minnesota. By: NOT TO BE SIGNED By: NOT TO BE SIGNED Owner's Signature Applicant's Signature DEVELOPMENT NAME: Lot: Block: OWNER INFORMATION OWNER(PRINT): ADDRESS CITY STATE ZIP EXHIBIT E DEVELOPMENT AGREEMENT—TRAXLER OFFICE BUILDING AGREEMENT REGARDING SPECIAL ASSESSMENTS THIS IS AN AGREEMENT MADE THIS 20th day of January, 2004, between the City of Eden Prairie, a municipal corporation, (the "City")and CCR HOMES, INC, Minnesota corporation(the "Owner"). A. The Owner holds legal and equitable title to property described as Lot 1, Block 1, Traxler Addition,Hennepin County, Minnesota,which property is the subject of this Agreement and is hereinafter referred to as the "Property". B. The Owner desires to develop the property in such a manner that relies upon the City's trunk utility system, including trunk sanitary sewers, trunk watermains, wells, elevated storage facilities and a water treatment plant (all of which is hereafter referred to as the "Improvements"). C. The Owner desires to develop the Property in such a manner that requires connection to public utilities (all of which is hereafter referred to as the " Connection Fees"). D. The parties hereto desire to enter into an Agreement concerning the financing of the construction of the Improvements all of which will inure to the benefit of the Property. AGREEMENTS IT IS HEREBY AGREED as follows: 1. The Owner consents to the levying of assessments against the Property as follows: a) The Property will be assessed in the amount of$2,369.30 for the Improvements. b) The Property will be assessed in the amount of$13,925.00 for Connection Fees. 2. The City's assessment records for the Property will show the assessments as a "pending assessment" until levied. 3. The Owner waives notice of any assessment hearing to be held at which hearing or hearings the assessment is to be considered by the City Council and thereafter approved and levied. 4. The Owner concurs that the benefit to the Property by virtue of the Improvements to be constructed exceeds the amount of the assessment to be levied against the Property. The Owner waives all rights it has by virtue of Minnesota Statute 429.081 or otherwise to challenge the amount 33 or validity of the assessments, or the procedures used by the City in apportioning the assessments and hereby releases the City, its officers, agents and employees from any and all liability related to or arising out of the imposition or levying of the assessments. 5. Special assessments levied against the Property shall be due and Payable in installments the first of which shall be payable commencing with the ad valorem taxes due and payable in 2005. 6. This agreement shall be effective immediately. CCR HOMES, INC. CITY OF EDEN PRAIRIE A Minnesota Corportation A Minnesota Municipal Corporation By: NOT TO BE SIGNED By: NOT TO BE SIGNED Keith A. Traxler Nancy Tyra-Lukens Its President Its Mayor By: NOT TO BE SIGNED Scott H. Neal, Its City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 2004,by Nancy Tyra-Lukens, the Mayor, and Scott H. Neal,the City Manager, of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of the corporation. Notary Public STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 2004, by the , a Minnesota , on behalf of the 3G1 Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 i CITY COUNCIL AGENDA DATE: 01/20/04 SECTION: Consent Agenda DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Management and Budget/Planning Scott H. Neal Meadowcroft Scott A. Kipp Requested Action Move to: • Approve 2nd Reading of the Ordinance for PUD District Review with waivers and Zoning District Change from Rural to R1-22 on 7.08 acres; and • Approve the Developers Agreement for Meadowcroft; and • Approve and Authorize Issuance of a Grading Permit, subject to release by the City Engineer upon determination that the final contract documents conform to plans dated November 7, 2003 as approved by the City Council. Synopsis This is for four single family lots. Attachments 1. Ordinance for PUD District Review and Zoning District Change 2. Development Agreement 36 MEADOWCROFT CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 3-2004-PUD-3-2004 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH,AMONG OTHER THINGS,CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land")is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Rural Zoning District and be placed in the Planned Unit Development R1-22 Zoning District 3- 2004-PUD-3-2004 (hereinafter "PUD-3-2004-R1-22"). Section 3. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of January 20, 2004, entered into between Nickel Land Company, and the City of Eden Prairie, (hereinafter "Development Agreement"). The Development Agreement contains the terms and conditions of PUD-3-2004-R1-22, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-3-2004-R1-22 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-3-2004-R1-22 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-3-2004-R1-22 are justified by the design of the development described therein. D. PUD-3-2004-R1-22 is of sufficient size, composition, and arrangement that its construction, marketing, and operation are feasible as a complete unit without dependence upon any subsequent unit. Section 5. The proposal is hereby adopted and the land shall be, and hereby is removed from the Rural Zoning District, and placed in the R1-22 Zoning District and shall be included hereafter in the Planned Unit Development PUD-3-2004-R1-22 and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 18th day of November, 2003, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the 20th day of January, 2004. ATTEST: Kathleen A. Porta, City Clerk Nancy Tyra-Lukens,Mayor PUBLISHED in the Eden Prairie Sun Current on EXHIBIT A Legal Description — Meadowcroft PUD Zoning District Change Legal Description Before Final Plat Lot 17,Block 1, SETTLERS RIDGE 4TH ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota, lying northerly and easterly of the following described line; Commencing at the northwest corner of said Lot 17; thence South 00 degrees 40 minutes 09 seconds East, assumed bearing, along the west line of said Lot 17, a distance of 360.00 feet to the actual point of beginning of the line to be described; thence North 89 degrees 19 minutes 51 seconds East, a distance of 379.00 feet'thence South 00 degrees 40 minutes 09 seconds East, a distance of 221.00 feet;thence North 89 degrees 19 minutes 51 seconds East, a distance of 278 feet more or less to the east line of said Lot 17, and said line there terminating. Legal Description After Final Plat Lots 1, 2, 3, 4, Block 1,MEADOWCROFT 159 MEADOWCROFT CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO. 3-2004-PUD-3-2004 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 9950 Dell Road, from the Rural Zoning District to the R1-22 Zoning District on 7.08 acres. 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.) 10 DEVELOPMENT AGREEMENT MEADOWCROFT THIS DEVELOPMENT AGREEMENT("Agreement")is entered into as of January 20,2004,by Nickel Land Company, a limited liability company,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 14.6 acres, Planned Unit Development District Review with waivers on 14.6 acres,Zoning District Change from Rural to R1-22 Zoning District on 7.08 acres,and Preliminary Plat of 14.6 acres into four lots and two outlots,legally described on Exhibit A(the "Property"); NOW,THEREFORE,in consideration of the City adopting Resolution No. 2003-163 for Planned Unit Development Concept Review,Ordinance No. 3-2004-PUD-3-2004 for Planned Unit Development District Review and Zoning District Change from Rural to R1-22 on 7.08 acres, and Resolution No.2003-164 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 November 7, 2003, reviewed and approved by the City Council on November 18, 2003, (hereinafter the "Plans") and identified on Exhibit B, subject to such changes and modifications as provided herein. 2. EXHIBIT C: Developer agrees to the terms, covenants, agreements, and conditions set 21I forth in Exhibit C. 3. ACCESS TO PROPERTY: Prior to the issuance of a grading permit for the Property, Developer shall submit proof to the City Engineer that a ingress and egress easement over the existing driveway located north of and abutting the Property providing access to the Property has been filed with the Hennepin County Recorder's/Registrar of Titles' Office in a form approved by the City Engineer. 4. CONSERVATION EASEMENT FOR THE PROTECTION OF EXISTING TREES ON THE PROPERTY: Prior to release of the final plat for the Property,Developer shall submit a Conservation Easement in the form and substance as attached in Exhibit E for review and written approval by the Director of Parks and Recreation Services, for the area delineated on the Plans. Prior to the release of the first building permit for the Property, Developer shall submit evidence to the Director of Parks and Recreation Services, that the approved Conservation Easement has been filed in the Hennepin County Recorder's/Registrar of Titles' Office. 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 21/2 by 6 inch sign or decal reading "Scenic/Conservation Easement Boundary,City of Eden Prairie",will be affixed to the top of the post. 5. CROSS ACCESS,PRIVATE UTILITY AND MAINTENANCE AGREEMENT: Prior to release by the City of any final plat for the Property,the Developer shall provide a cross access easement, private utility easement and maintenance agreement for Lots 1-4 of the Property. The utility easement and maintenance agreement must also include the property described as that part of the West 3/a of the Southeast 1/of the Southeast 1/lying West of the East 680 feet thereof and North of State Highway No. 169 (PID 30-116-22-44-0005 (hereinafter referred to as the "Adjacent Property")) regarding the private sanitary sewer. The form of the agreement must be approved by the City Engineer. This Agreement shall address joint vehicle access and maintenance over the private driveway, sanitary sewer and storm sewers. All of these facilities shall be privately owned and maintained by the Developer or Owner. Prior to the issuance of any building permit for the Property,Developer shall submit to the City Engineer proof that the cross access, utility and maintenance agreement has been recorded in the Hennepin County Recorder's Office/Registrar of Titles'Office. 6. DEVELOPER'S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a violation of City Code relating to use of the Land construction thereon or failure to fulfill an obligation imposed upon the Developer pursuant to this Agreement,City shall give 24 hour notice of such violation in order to allow a cure of such violation, provided however, City need not issue a building or occupancy permit for construction or occupancy on the Land `I� while such a violation is continuing,unless waived by City. The existence of a violation of City Code or the failure to perform or fulfill an obligation required by this Agreement shall be determined solely and conclusively by the City Manager of the City or a designee. 7. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall release,defend and indemnify City,its elected and appointed officials,employees and agents from and against any and all claims, demands, lawsuits, complaints, loss, costs (including attorneys' fees), damages and injunctions relating to any acts, failures to act, errors, omissions of Developer or Developer's consultants,contractors,subcontractors,suppliers and agents. Developer shall not be released from its responsibilities to release, defend and indemnify because of any inspection, review or approval by City. 8. GRADING,DRAINAGE,AND EROSION CONTROL PLANS: A. FINAL GRADING AND DRAINAGE PLAN: Developer agree that the grading and drainage plan contained in the Plans may require revision based on review by the City Engineer of the final construction documents which include a construction grading and drainage plan. Prior to the release of a land alteration permit for the Property,Developer shall submit and obtain the City Engineer's written approval of the construction grading and drainage plan for the Property. The construction grading and drainage plan shall include all wetland, wetland buffer strips, wetland buffer monument locations, water quality ponds, storm water detention areas and other items required by the application for and release of a land alteration permit.All design calculations for storm water quality and quantity together with a drainage area map shall be submitted with the final grading and drainage plan. Prior to release of the grading bond, Developer shall certify to the City that the water quality pond conforms to the final grading plan. Developer shall employ the design professional who prepared the construction grading plan.The design professional shall monitor construction for conformance to the approved construction grading plan and City erosion control policy. The design professional shall provide a final report to the City certifying completion of the grading in conformance the approved construction grading plan and City erosion control policy. B. EROSION CONTROL PLAN: Prior to issuance of a land alteration permit, Developer shall submit to the City Engineer and obtain City Engineer's written approval of an erosion control plan for the Property. The erosion control plan shall include all boundary erosion control features,temporary stockpile locations and turf restoration procedures: All site grading operations shall conform to the City's Erosion Control Policy labeled Exhibit D, attached hereto and made a part hereof. Prior to release of the grading bond,Developer shall complete implementation of the approved plan. ` I Developer shall remove any sediment that accumulates in the existing and/or proposed sedimentation pond during construction. Upon request by the City, Developer shall provide preconstruction and post construction surveys for evaluation by City. 9. GRADING IN THE WOODED AREAS ON SITE: Prior to grading within any of the wooded areas on the Property, delineated on the Plans,Developer shall submit to the City Forester and receive the City Forester's written approval of a plan depicting construction grading limits on the Property. Prior to the issuance of any land alteration permit,Developer shall place a construction fence on the approved construction grading limits. Developer shall notify the City and watershed district 48 hours in advance of grading so that the construction limit fence may be field inspected and approved by the City Engineer and City Forester. Developer shall maintain the construction limit fence until written approval is granted by the City to remove the fence. 10. HOOK UP TO PUBLIC UTILITIES: Prior to issuance by City of the first building permit for the Property, Developer shall connect a public sanitary sewer and water main to the existing house on Lot 3,Block 1,Meadowcroft,as depicted on the Plans. Developer further agrees that the existing well and septic systems shall be abandoned and sealed in accordance with City Code requirements. 11. OWNERS' SUPPLEMENT TO DEVELOPMENT AGREEMENT: The Owners' - Supplements to this Agreement executed by and between the City of Eden Prairie and the following are attached hereto and made a part hereof: A. Steven Brown and Joanne G. Brown 12. PLANS FOR INDIVIDUAL HOME CONSTRUCTION: Prior to building permit issuance for each residential structure on each parcel of the Property,a Certificate of Survey for such parcel shall be submitted for review and written approval by the Building Department. The Certificate of Survey shall include a certification by the builder that construction of the residence is consistent with this Agreement and all exhibits attached hereto, and shall further contain the following information: A. Topography with 2 foot contour intervals for existing and proposed grades. Topography must be field verified. B. Location of structures with finished floor elevations. C. Retaining walls,type, height, and type of details. D. Location of sewer,water and storm sewer lines. E. Method of erosion control. F. Detailed grading plans. G. No construction or grading within any conservancy easement area. H. No steepening of the natural slopes and walk out levels that meet natural grade. I. Engineered design for footing, foundation, and retaining walls. 2-1y 13. PUD WAIVERS GRANTED: The city hereby grants the following waivers to City Code requirements within the R1-22 District through the Planned Unit Development District Review for the Property and incorporates said waivers as part of PUD 3-2004-PUD-3-2004. 1. Lots 1- 4, Block 1, MEADOWCROFT without frontage on a public street. City Code requires single-family lots to have frontage on a public street. 14. REMOVAL OF ADVERTISING BILLBOARD ON THE PROPERTY: Developer and or Property owner shall permanently remove the existing advertising billboard from the Property on or before January 14, 2019. No additional advertising billboards will be permitted on the Property. 15. REMOVAL/SEALING OF EXISTING WELL AND SEPTIC SYSTEMS: Prior to issuance by City of the first building permit for the Property,Developer shall submit to the Chief Building Official and to obtain the Chief Building Official's written approval of plans for demolition and removal of existing septic systems and wells on the Property, and restoration of the Property. Prior t o i ssuance b y City of the first building permit for the Property, Developer shall complete the demolition and removal of existing septic systems and wells on the Property and restore the Property. Prior to such demolition or removal, Developer shall provide to the City a deposit in the amount of$1,000.00 to guarantee that Developer completes implementation of the approved plan. The city shall return to Developer the $1,000.00 deposit at such time as the Chief Building Official has verified in writing that the Developer has completed implementation of the approved plan. 16. RETAINING WALLS: Concurrent with the issuance by the City of any permit for grading or construction on the Property,Developer shall submit to the Chief Building Official,and obtain the Chief Building Official's written approval of detailed plans for the retaining walls identified on the grading plan in the Plans. These plans shall include details with respect to the height,type of materials,and method of construction to be used for the retaining walls. Developer shall complete implementation of the approved retaining wall plan in accordance with the terms and conditions of Exhibit C, attached hereto, prior to issuance of any occupancy permit for the Property. 17. SPECIAL ASSESSMENT AGREEMENT: Prior to the release of a final plat for any portion of the Property, Developer shall sign an assessment agreement, in the form and substance as attached in Exhibit F, with the City for Dell Road Improvements and Trunk Sewer and Water Assessments (Trunk Improvements). y5 (a). The Property will be assessed for Trunk Improvements on 4.22 acres in an amount of $23,772.20. (b). The Property will be assessed for the Dell Road Improvements on a unit basis for a total of 4 units in an amount not to exceed$39,200. 18. STREET AND UTILITY PLANS: Prior to issuance by the City of any permit for the construction of streets and utilities for the Property, Developer shall submit to the City Engineer, and obtain the City Engineer's written approval of plans for the private driveway, sanitary sewer,storm sewer and public watermain(including a public watermain extension to the Adjacent Property). The private driveway shall be paved to Dell Road. Plans for public infrastructures shall be of a plan view and profile on 24 x 36 plan sheets consistent with City standards. A permit fee of five percent of construction value shall be paid to City by Developer. The design engineer shall provide daily inspection, certify completion in conformance to approved plans and specifications and provide record drawings. 19. TREE LOSS -TREE REPLACEMENT: There are 6,183 diameter inches of significant trees on the Property. Tree loss related to development on the Property is calculated at 568 diameter inches. Tree replacement required is 68 caliper inches.The tree replacement shown on the Plans depicts 116 caliper inches. Prior to the issuance of any grading permit for the Property,Developer shall submit to the City Forester and receive the City Forester's written approval of a tree replacement plan for 116 caliper inches. This approved plan shall include replacement trees of a 3-inch diameter minimum size for a shade tree and a 7-foot minimum height for conifer trees. The approved plan shall also provide that, should actual tree loss exceed that calculated herein,Developer shall provide tree replacement on a caliper inch per caliper inch basis for such excess loss. Prior to issuance of any grading permit for the Property,Developer shall furnish to the City Planner and receive the City Planner's approval of a tree replacement bond equal to 150%of the cost of said improvements as required by City Code. Developer shall complete implementation of the approved tree replacement plan prior to occupancy permit issuance. 20. UTILITY SERVICE TO THE ADJACENT PROPERTY: Developer represents that it has reached an agreement with the owner of the Adjacent Property for the extension of a 6 inch public watermain and a 11/2 inch private pressure sewer service to provide service to one single family home located on the Adjacent Property; and that the owner of the Adjacent Property will participate in the maintenance agreement for the private sewer system and the cost of constructing the public watermain and private sanitary sewer service. 21. WATERMAIN EASEMENT: Prior to release by the City of any final plat for the Property, Developer shall provide to the City, at no cost to the City, a 20' wide drainage and utility 146 easement over the proposed watennain extending from the Property to Dell Road through the existing private driveway. A 15' wide drainage and utility easement must be included with the final plat of the Property for public watermain extension to the Adjacent Property. IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. DEVELOPER CITY OF EDEN PRAIRIE By Xre—/-71 Nancy Tyra-Lukens Its Mayor By By Its Scott H. Neal Its City Manager STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2004, by Nancy Tyra-Lukens and Scott H.Neal,respectively the Mayor and the City Manager of the City of Eden Prairie,a Minnesota municipal corporation, on behalf of said corporation. Notary Public STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this /2 day of chim/ce eY ,2004,by &Ms rtfehupse tf , the Pees aeuT , of ,Iilckoz C.4.v.0 Co. u_c , a Minnesota LLc ,on behalf of the beYtzofele <AAAAAAAAAAAAAAAAAAAAo. PATRICIA ANN LARSON < I_- ��_ Notary Public-Minnesota , `�IISt�Vl y Commission Expires 1"/�31�/2_00�7�� Notary Public VVVVVVVVVVVVVVvV EXHIBIT A DEVELOPMENT AGREEMENT—MEADOWCROFT Legal Description Before Final Plat Lot 17, Block 1, SETTLERS RIDGE 4TH ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota. Legal Description After Final Plat Lots 1, 2, 3, 4,Block 1 and Outlots A and B,MEADOWCROFT 219 EXHIBIT B DEVELOPMENT AGREEMENT -MEADOWCROFT PLANS Preliminary Plat, Survey, &Existing Conditions dated 10-17-03 by Westwood Professional Services,Inc. Preliminary Grading,Drainage &Erosion Control Plan dated 10-17-03 by Westwood Professional Services,Inc. Preliminary Utility Plan dated 10-17-03 by Westwood Professional Services,Inc. Preliminary Tree Inventory/Tree Removal Plan dated 10-17-03 by Westwood Professional Services,Inc. Preliminary Landscape Plan dated 10-17-03 by Westwood Professional Services, Inc. Preliminary Detailed Grading Plan dated 10-17-03 by Westwood Professional Services,Inc. Preliminary Detailed Tree Preservation Plan dated 10-17-03 by Westwood Professional Services, Inc. Shoreland District&Bluff Analysis Plan dated 10-17-03 by Westwood Professional Services, Inc. 50 EXHIBIT C DEVELOPMENT AGREEMENT—MEADOWCROFT I. Prior to release of any building permit, Developer shall submit to the City Engineer for approval two copies of a development plan(1"=100'scale)showing existing and proposed contours,proposed streets,and lot arrangements and size,minimum floor elevations on each lot,preliminary alignment and grades for sanitary sewer,water main,and storm sewer, 100- year flood plain contours, ponding areas, tributary areas to catch basins, arrows showing direction of storm water flow on all lots,location of walks,trails,and any property deeded to the City. II. Developer shall submit detailed construction and storm sewer plans to the Watershed District for review and approval. Developer shall follow all rules and recommendations of said Watershed District. III. Developer shall pay cash park fees as to all of the Property required by City Code in effect as of the date of the issuance of each building permit for construction on the Property. IV. If Developer fails to proceed in accordance with this Agreement within twenty-four (24) months of the date hereof,Developer,for itself,its successors,and assigns,shall not oppose the City's reconsideration and rescission of any Planned Unit Development, Rezoning, or Preliminary Plat review approved in connection with this Agreement, thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. V. Provisions of this Agreement shall be binding upon and enforceable against owners, their successors, and their assigns of the Property herein described. VI. The Developer hereby irrevocably nominates, constitutes, and appoints and designates the City as its attorney-in-fact for the sole purpose and right to amend Exhibit A hereto to identify the legal description of the Property after platting thereof. VIE. Developer represents that it has marketable fee title to the Property, except: Steven Brown and Joanne G.Brown With respect to any interest in all portions of the Property which Developer is required, pursuant to this Agreement, to dedicate or convey to the City (the "Dedicated Property"), Developer represents and warrants as follows now and at the time of dedication or conveyance: A. That Developer has marketable fee title free and clear of all mortgages, liens, and 5I other encumbrances. Prior to final plat approval,Developer shall provide to the City a current title insurance policy insuring such a condition of title. B. That Developer has not used, employed, deposited, stored, disposed of, placed or otherwise allowed to come in or on the Dedicated Property,any hazardous substance, hazardous waste, pollutant, or contaminant, including, but not limited to, those defined in or pursuant to 42 U.S.C. § 9601,et. seq.,or Minn.Stat.,Sec. 115B.01,et. seq. (such substances, wastes, pollutants, and contaminants hereafter referred to as "Hazardous Substances"); C. That Developer has not allowed any other person to use, employ, deposit, store, dispose of,place or otherwise have,in or on the Property,any Hazardous Substances. D. That no previous owner, operator or possessor of the Property deposited, stored, disposed of, placed or otherwise allowed in or on the Property any hazardous substances. Developer agrees to indemnify, defend and hold harmless City, its successors and assigns, against any and all loss,costs,damage and expense,including reasonable attorneys fees and costs that the City incurs because of the breach of any of the above representations 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. VIlI. Developer acknowledges that Developer is familiar with the requirements of Chapter 11, Zoning,and Chapter 12,Subdivision Regulations,of the City Code and other applicable City ordinances affecting the development of the Property. Developer agrees to develop the Property in accordance with the requirements of all applicable City Code requirements and City Ordinances. • IX. Prior to release of the final plat,Developer shall pay to City fees for the first three(3)years' street lighting on the public streets adjacent to the Property(including installation costs, if any, as determined by electrical power provider), engineering review, and street signs. X. Developer shall submit detailed water main, fire protection, and emergency vehicle access plans to the Fire Marshal for review and approval. Developer shall follow all the recommendations of the Fire Marshal. XI. Developer acknowledges that the rights of City performance of obligations of Developer contemplated in this agreement are special,unique, and of an extraordinary character, and that, in the event that Developer violates, or fails, or refuses to perform any covenant, condition, or provision made herein, City may be without an adequate remedy at law. Developer agrees,therefore,that in the event Developer violates,fails,or refuses to perform any covenant, condition, or provision made herein, City may, at its option, institute and 5D prosecute an action to specifically enforce such covenant, withhold building permits or rescind or revoke any approvals granted by the City. No remedy conferred in this agreement is intended to be exclusive and each shall be cumulative and shall be in addition to every other remedy. The election of anyone or more remedies shall not constitute a waiver of any other remedy. XII. Developer shall,prior to the commencement of any improvements,provide written notice to Time Warner Cable,a Minnesota Limited Partnership,the franchisee under the City's Cable Communication Ordinance(80-33)of the development contemplated by this Development Agreement. Notice shall be sent to Time Warner Cable, 801 Plymouth Avenue North, Minneapolis, Minnesota 55411. XIII. Prior to building permit issuance,all fees associated with the building permit shall be paid to the Inspections Department,including;Building permit fee,plan check fee,State surcharge, metro system access charge(SAC),City SAC and City water access charge(WAC),and park dedication. Contact Metropolitan Waste Control to determine the number of SAC units. XIV. Prior to building permit issuance, existing structures, walls and septic systems (if present) shall be properly abandoned or removed as required by City ordinance and all permits obtained through the Inspections Department. XV. Prior to building permit issuance,provide two copies of an approved survey or site plan(1"= 200 scale)showing proposed building location and all proposed streets,with approved street names, lot arrangements and property lines. XVI. The City shall not issue any building permit for the construction of any building,structure,or improvement on the Property until all requirements listed in this Exhibit C have been satisfactorily addressed by Developer. XVII. No failure of the City to comply with any term,condition,covenant or agreement herein shall subject the City to liability for any claim for damages, costs or other financial or pecuniary charges. No execution on any claim, demand, cause of action or judgment shall be levied upon or collected from the general credit, general fund or taxing powers of the City. XVIII. Prior to issuance of the first building permit for the Property,Developer shall permanently demarcate the location of the boundary of the conservation easement on each lot property line or corner with permanent four-foot tall posts. A 21/2 by 6 inch sign or decal reading "Scenic/Conservation Easement Boundary,City of Eden Prairie",will be affixed to the top of the post 53 EXHIBIT D DEVELOPMENT AGREEMENT —MEADOWCROFT EROSION CONTROL POLICY-AUGUST 1, 1997 1. All construction projects permitted by the City of Eden Prairie which results in the temporary disturbance of vegetative or non-vegetative surfaces protecting soils from erosion require the use of Best Management Practices (BMP's) as outlined in the Minnesota Pollution Control Agency's manual,Protecting Water Quality in Urban Areas,to mitigate the impact of erosion on wetland and water resources. The City Engineer or the Director of Inspections may impose special conditions to permits which stipulate erosion control procedures and/or direct the installation of erosion control features or the clean up of erosion at construction sites. Permits affected by this policy include all grading permits,building permits,and permits for the installation of utilities. 2. All erosion control systems stipulated in the permit application shall be installed prior to the issuance of the permit. Supplemental erosion control systems ordered by the City Engineer or the Director of Inspections shall be installed within 48 hours of that order. 3. The applicant must maintain all erosion control systems in a functional condition until the completion of turf and/or structural surfaces, which protect the soil from erosion. The applicant must inspect erosion control biweekly and immediately after each rainfall event of .5 inches or more. Needed maintenance shall be performed within 48 hours. 4. Best Management Practices(BMP's)shall be utilized at all construction sites to minimize the trackage or spillage of soil on public streets or highways. BMP's may include, but are not limited to,rock construction entrances,washing stations,frequent cleaning of streets adjacent to the construction site or limiting operations when site conditions are unmanageable. Trackage or spillage of soil on a public street or highway must be cleaned by power sweepers within the time frame stipulated in the permit special conditions or as ordered by the City Engineer or the Director of Inspections. 5. If erosion breaches the perimeter of a construction site, the applicant shall immediately develop a clean up and restoration plans, obtain the right-of-entry from the adjoining property owner, and implement the clean up and a restoration plan within 48 hours of obtaining the adjoining property owner's permission. In the event eroded soils enter onto or are tracked or spilled on a public street,highway,sidewalk or trail,the applicant shall remove the soil material and thoroughly sweep the street or sidewalk surface within four hours. If eroded soils enter,or entrance appears imminent,into wetlands or other water bodies,clean up and repair shall be immediate. The applicant shall provide all traffic control and flagging required to protect the traveling public during the clean up operations. 5� 6. When an applicant fails to conform to any provision of this policy within the time stipulated in a written notification,the City may take the following actions: a. Withhold the scheduling of inspections and/or the issuance of a Certificate of Occupancy or other approvals. b. Direct the correction of the deficiency by City personnel or separate contract. c. Withhold the issuance of building permits d. At its option,institute and prosecute an action to enjoin violations of this Agreement and/or an action to specifically enforce performance of this Agreement The issuance of a permit constitutes a right-of-entry for the City or its contractor to enter upon the construction site for the purpose of correcting deficiencies in erosion control. All costs,including but not limited to, attorneys'fees and engineering fees incurred by the City in correcting erosion control deficiencies or enforcing this policy shall be reimbursed by the applicant. All invoices for erosion control correction shall be due and payable within 30 days. Invoices not paid within 30 days shall accrue interest at a rate of 1%per month or the highest legal rate. Each charge for correction of erosion deficiencies shall be a lien upon the property to which the permit applies. Invoices more than 30 days old on September 30 or any year or on any other date as determined by the City Engineer or the Director of Inspections may be assessed against the property. As a condition of the permit, the owner shall waive notice of any assessment hearing to be conducted by the City, concur that the benefit to the property exceeds the amount of the proposed assessment and waive all rights by virtue of Minnesota Statute 429.081 or otherwise to challenge the amount or validity of the assessment. I,We,The Undersigned,hereby accept the terms and conditions of.the Erosion Control Policy dated • August 1, 1997 as set forth and agree to fully comply therewith, to the satisfaction of the City of Eden Prairie,Minnesota. By: NOT TO BE SIGNED By: NOT TO BE SIGNED Owner's Signature Applicant's Signature DEVELOPMENT NAME: Lot: Block: OWNER INFORMATION OWNER(PRIM): ADDRESS CITY STATE ZIP 55 EXHIBIT E DEVELOPMENT AGREEMENT -MEADOWCROFT CONSERVATION/SCENIC EASEMENT THIS EASEMENT AGREEMENT is made this day of , 2004, by and between , a hereinafter referred to as "Grantor," and the CITY OF EDEN PRAIRIE, a Minnesota municipal corporation, hereinafter referred to as "City"; WHEREAS,Grantor is the fee owner of land located in Hennepin County,Minnesota,more fully described in Exhibit A, attached hereto and made a part hereof, and said land hereinafter referred to as "the Property"; and, WHEREAS, Grantor has marketable title to the Property, free and clear of all liens, mortgage, and encumbrances, except: WHEREAS, Grantor and City wish to enter into an agreement which will grant to City a conservancy/scenic easement for conservation and preservation of the terrain and vegetation,and to prohibit certain destructive acts thereon,over that portion of the Property as described in Exhibit B, hereinafter referred to as the "Easement Area, attached hereto; NOW,THEREFORE,in consideration of the premises contained herein,it is agreed by the parties as follows: 1. Grantor hereby conveys to City and its successors and assigns a conservation and scenic easement in,under, on, and over the Easement Area and City hereby accepts such conveyance. 2. The following terms and conditions shall apply to the Easement Area: A. The Easement Area shall be preserved predominantly in its natural condition. No trees, shrubs, or other vegetation shall be planted or removed from the Easement Area without the prior written consent of the City. The City will consider removal of noxious weeds, as defined by Minnesota Statutes Sections 18.76-18.88, upon submission and approval of a Vegetation Management Plan. No vegetation cutting,fertilizer application or placement of turfgrass, such as Kentucky bluegrass, shall occur within the Easement Area. B. No building,road,sign,billboard,utility,or other structure shall be placed in the Easement Area without the prior written consent of City. 56 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, encumbrances and mortgages. B. That Grantor has not used,employed,deposited,stored,disposed of, placed or otherwise allowed to come in or on the Easement Area, any hazardous substance, hazardous waste, pollutant, or contaminant, including, but not limited to, those defined in or pursuant to 42 U.S.C. § 9601, et. seq., or Minn. Stat., Sec. 115B.01, et. seq. (such substances,wastes,pollutants,and contaminants hereafter referred to as "Hazardous Substances"); C. That Grantor has not allowed any other person to use, employ, deposit, store, dispose of, place or otherwise have, in or on the Easement Area, any Hazardous Substances; D. That no previous owner, operator or possessor of the easement area, deposited, stored, disposed of, placed, or otherwise allowed in or on the Easement Area any Hazardous Substances; Grantor agrees to indemnify,defend and hold harmless City,against any and all loss, costs, damage and expense,including reasonable 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 conservation easement on each lot property line or corner with permanent four-foot tall posts. A 21/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. 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. S$ IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. GRANTOR CITY OF EDEN PRAIRIE NOT TO BE SIGNED By NOT TO BE SIGNED Nancy Tyra-Lukens Its Mayor NOT TO BE SIGNED By NOT TO BE SIGNED Scott H. Neal Its City Manager STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2004, by Nancy Tyra-Lukens and Scott H.Neal,respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2004, by ,the , a Minnesota , on behalf of the corporation. Notary Public EXHIBIT A "THE PROPERTY" EXHIBIT B "EASEMENT AREA" C EXHIBIT F DEVELOPMENT AGREEMENT -MEADOWCROFT AGREEMENT REGARDING SPECIAL ASSESSMENTS THIS IS AN AGREEMENT MADE THIS day of ,2004,between the City of Eden Prairie, a municipal corporation, (the "City")and a Minnesota (the"Owner"). A. The Owner holds legal and equitable title to property described as , Hennepin County, Minnesota, which property is the subject of this Agreement and is hereinafter referred to as the "Property". B. The owner desires to develop the property in such a manner that relies upon and requires the construction of the following public improvements: 1. City's trunk utility system, including trunk sanitary sewers, trunk watermains, wells and elevated storage facilities, (all of which is hereafter referred to as the "Trunk Improvements). 2. Storm sewer,concrete curb and gutter and bituminous street and trail,within Dell Road adjacent to the Property, (all of which is hereafter referred to as "Dell Road Improvements"). C. The parties hereto desire to enter into an Agreement concerning the financing of the construction of the Improvements all of which will inure to the benefit of the Property. AGREEMENTS IT IS HEREBY AGREED as follows: 1. The Owner consents to the levying of assessments against the Property for the construction,and maintenance of the Trunk Improvements and Dell Road Improvements as follows: a).The Property will be assessed for Trunk Improvements on 4.22 acres in an amount of$23,772.20. b).The Property will be assessed for the Dell Road Improvements on a unit basis for a total of 4 units in an amount not to exceed$39,200. 2. The City will prepare a Feasibility Report that will show proposed costs to be assessed against the Property and additional amounts to other lands for the Dell Road Improvements. The actual cost to be assessed against the Property for the Dell Road Improvements may differ from the amount in the Feasibility Report but shall not exceed the amount specified in paragraph 1. Actual costs to be assessed against the Property for the Dell Road Improvements shall be determined in the same manner as reported in the Feasibility Report to be prepared with respect to these improvements. • 3. For purposes of determining the amount of the assessments, the costs of the Dell Road Improvements shall include,in addition to actual construction costs, administrative,interest and engineering costs and fees incurred or paid by the City in relationship to construction of the Stable Path Improvements and costs incurred for acquisition of easements and or right-of-way, including attorney fees. 4. The City's assessment records for the Property will show the assessments as a "pending assessment" until levied. 5. The Owner waives notice of any assessment hearing to be held at which hearing or hearings the assessment is to be considered by the City Council and thereafter approved and levied. 6. The Owner concurs that the benefit to the Property by virtue of the Improvements to be constructed exceeds the amount of the assessment to be levied against the Property. The Owner waives all rights it has by virtue of Minnesota Statute 429.081 or otherwise to challenge the amount or validity of the assessments, or the procedures used by the City in apportioning the assessments and hereby releases the City,its officers,agents and employees from any and all liability related to or arising out of the imposition or levying of the assessments. 7. This agreement shall be effective immediately. 6.3 OWNER CITY OF EDEN PRAIRIE A Minnesota A Minnesota Municipal Corporation By: NOT TO BE SIGNED By: NOT TO BE SIGNEED Nancy Tyra-Lukens Its Mayor By: NOT TO BE SIGNED Scott H.Neal Its City Manager STATE OF NIINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2004, by Nancy Tyra-Lukens,the Mayor,and Scott H.Neal,the City Manager,of the City of Eden Prairie,a Minnesota municipal corporation,on behalf of the corporation. Notary Public STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 2004,by . . the ,a Minnesota ,on behalf of the Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 CITY COUNCIL AGENDA DATE: January 20, 2004 SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: ITEM NO.: Public Works Final Plat Approval of Pioneer Point Townhomes Engineering Services 3rd Addition -r. 0 . Randy Slick/ Eugene A. Dietz Requested Action Move to: Adopt the resolution approving the final plat of Pioneer Point Townhomes 3rd Addition. Synopsis This proposal, located at the southeast corner of Franlo Road and Pioneer Trail. The plat consists of.31 acres to be divided into four townhome lots. This is a replat of Outlot E, Bluffs East 17th Addition. Background Information The preliminary plat was approved by the City Council August 7, 2001. Second Reading of the Rezoning Ordinance and final approval of the Developer's Agreement was completed on September 4, 2001. The resolution includes a variance to City Code 12.20 Subd.2.A waiving the requirement for final plat approval within six months of preliminary plat approval. Approval of the final plat is subject to the following conditions: • Receipt of additional engineering fee in the amount of$310.00 • The requirements as set forth in the Developer's Agreement • Provide a list of areas (to the nearest square foot) of all lots, outlots and road right-of- ways certified by surveyor Attachments Drawing of final plat 6,5 r _n. . pr..o=err.,rural..7 w..— _ ., - - • PIONEER POINT TO WIJIOM S 3RD' ,ADDITION _ . • • C.R. DOC. NO. KNOW ALL MEN BY THESE PRESENTS: That Wooddale Builders, Inc., a Minnesota corporation, fee owner of the following described property • situated in the County of Hennepin, State of Minnesota, to wit: • • Outlet E, BLUFFS EAST 17TH ADDITION. • Has caused the same to be surveyed and platted as PIONEER POINT TOWNHOMES 3RD ADDITION: In witness whereof said Wooddale Builders, Inc., a Minnesota corporation, has caused these presents to be signed by its proper officer this day of 200_ WOODDALE BUILDERS, INC. Steven H.Schweiters, President STATE OF MINNESOTA . COUNTY OF The foregoing instrument was acknowledged before me this day of ,200_by Steven H:Schweiters, President of Wooddale Builders,Inc., a Minnesota corporation, an behalf of said corporation. 51.00 • Notary Public, Minnesota 4.v t`i-/}= . �,^Y I-1g'00�,p0 u' My Commission Expires N2:31 r', ' I hereby certify that I have surveyed and platted the property described on this plat as PIONEER POINT TOWNHOMES 3RD ADDITION; that this r r?. 41•00 ta plat is a correct representation of said survey; that all distances are correctly shown in feet'and hundredths of a foot;that all monuments have been . • r^ correctly placed in the ground as shown on said plat; that the outside boundary lines are correctly designated on said plat; and that there are no • . `-;, .,T N m wet lands as defined in MS 505.02, Subdivision 1, or public highways to be designated on said plat. 455,00 v� .i: o a+_ m Jeffrey D'.Lindgren, Land Surveyor C -.1O m. A. • Minnesota License Number 14376 2 STATE OF MINNESOTA • Imo cp. 5ti COUNTY OF DAKOTA o .00`°, �.• r 3 ,ti`'i/„ The foregoing surveyor's certificate was acknowledged before me this day of 200_by Jeffrey D. Lindgren, m p0 • /_`' �''-;/ Land Surveyor. 4. w 4 .t . ,i9,00 . t . h,AO 5i2 3102 Notary Public,Minnesota '._ • My Commission Expires January 31,2005 ,5600 EDEN PRAIRIE,MINNESOTA • This plat of PIONEER POINT TOWNHOMES 3RD ADDITION was approved and accepted by the City Council of Eden Prairie,Minnesota at a regular • meeting thereof held on this day of , 200_ If applicable, the written comments and recommendations of the • Commissioner of Transportation and the County Highway Engineer have been received by the city or the prescribed 30 day period has elapsed . without receipt of such comments and recommendations,as provided by Minnesota Statutes,Section 505.03, Subdivision 2. CITY COUNCIL nF EDEN PRAIRIE, MINNESOTA By: . Mayor By: Manager TAXPAYER SERVICES DEPARTMENT,HENNEPIN COUNTY, MINNESOTA I hereby certify that taxes payable in and prior years have been paid In full for all land described on this plat. Dated this 1 day of 200_ ODenotes 1/2 ;nch by 14 inch Patrick H. O'Connor, Hennepin County Auditor By Deputy ))) SURVEY DIVISION, HENNEPIN COUNTY,MINNESOTA iron pipe monument set and Pursuant to MINN. STAT. Sec. 38313.565(1969), this plat has been approved this day of 200 . marked by License No. 14376. ♦Denotes Iron monument found. Bearings ore assumed William P. Brown,Hennepin County Surveyor. By: • REGISTRAR OF TITLES,HENNEPIN COUNTY,MINNESOTA I hereby certify that the within plat of PIONEER POINT TOWNHOMES 3RD ADDITION was filed for record in this office this day of I HEDLUND 2D t 20 04'0 200at o'clock M. 1111 ?L4NN/N&' /G/N£Ei/NG SUM/DING SCO�e in Feet Michael H.Cunniff,Registrar of Titles By: Deputy . . CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF PIONEER POINT TOWNHOMES 3rd ADDITION WHEREAS, the plat of Pioneer Point Townhomes 3rd Addition has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE,BE IT RESOLVED by the Eden Prairie City Council: A. Plat approval request for Pioneer Point Townhomes 3rd Addition is approved upon compliance with the recommendation of the City Engineer's report on this plat dated January 20, 2004. B. Variance is herein granted from City Code 12.20 Subd. 2.A. waiving the six-month maximum time lapse between the approval date of the preliminary plat and filing of the final plat as described in said engineer's report. C. That the City Clerk is hereby directed to supply a certified copy of this resolution to the owners and subdivision of the above named plat. D. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on January 20,2004. Nancy Tyra-Lukens,Mayor ATTEST: SEAL Kathleen A.Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: ITEM NO.: Fire Department Resolution Supporting Legislative Effort to Return George F. Esbensen Primary Service Area Agreements to Control of City Government Requested Action Move to: Adopt Resolution supporting a legislative effort to return Primary Service Area agreements to the control of city government. Synopsis Control of Advanced Life Support services is the only major service that is not under local city government control. The proposed legislation seeks to give city governments control over the Primary Service Area and thus the Advanced Life Support service. Attachments Resolution CD� CITY OF EDEN PRAIRIE HENNEPIN COUNTY MINNESOTA RESOLUTION NO. 2004- AUTHORIZING SUPPORT OF LEGISLATION ALLOWING EDEN PRAIRIE TO CONTROL HOW ADVANCED LIFE SUPPORT SERVICES IN THE CITY OF EDEN PRAIRIE ARE PROVIDED WHEREAS, the City Council of the City of Eden Prairie desires to have control over how Advanced Life Support service is provided to the citizens of Eden Prairie; and WHEREAS, the City of Eden Prairie should be allowed to control Advanced Life Support services as it is allowed to control how other Public Safety Services are provided; and WHEREAS,the City Council believes special legislation is required to allow the City of Eden Prairie to acquire jurisdiction to control Advanced Life Support services. NOW, THEREFORE,BE IT RESOLVED that the City Council of the City of Eden Prairie supports legislation to achieve this objective. ADOPTED by the City Council of the City of Eden Prairie this 20th day of January, 2004. Nancy Tyra-Lukens, Mayor ATTEST: SEAL Kathleen Porta, City Clerk 1 CITY COUNCIL AGENDA DATE: January 20, 2004 SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: ITEM NO.: Engineering Division Approve Extension of Conditional Use License Mary Krause Agreement with Hennepin County for I r Eugene A. Dietz Provision of Electronic Data for Mapping Purposes Requested Action Move to: Adopt resolution extending Conditional Use Agreement with Hennepin County from December 31, 2003 to December 31, 2004 for electronic geographical digitized data for use in mapping of the City. Synopsis Hennepin County has provided electronic digitized half-section map data to the City of Eden Prairie. The City uses this data to produce mapping. The original agreement was approved by Council on February 2, 1999. Attachment Agreement with Hennepin County CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2004- EXTENSION OF CONDITIONAL USE LICENSE AGREEMENT WITH HENNEPIN COUNTY FOR THE PROVISION OF ELECTRONIC DATA FOR MAPPING PURPOSES WHEREAS, a Conditional Use Agreement has been previously approved which identifies the obligations regarding the transfer and use of electronic digitized data files for use in mapping; and WHEREAS, the City Engineer recommends approval of the extension of said Conditional Use License Agreement. NOW, THEREFORE,BE IT RESOLVED by the City Council of the City of Eden Prairie That said extension of Conditional Use License Agreement is hereby approved and the Mayor and City Manager are authorized to execute the extension of the agreement on behalf of the City of Eden Prairie. ADOPTED by the Eden Prairie City Council on January 20, 2004. Nancy Tyra-Lukens,Mayor ATTEST: SEAL Kathleen Porta, City Clerk 7O Hennepin County Taxpayer Services Department Hennepin Survey Division, Suite A-703 612-348-3131,Phone Hennepin County Government Center www.co.hennepin.mn.us Minneapolis,Minnesota 55487-0073 December 10,2003 Mary Krause, Design Engineering City of Eden Prairie 8080 Mitchell Rd. Agreement# A12099 Eden Prairie, MN 55344-2230 Hennepin County desires to extend the above referenced EPDB Conditional Use License Agreement through December 31, 2004. If you as a Government Unit, Consultant/Third Party or Private Corporation, desire to extend the above-reference Agreement, the following requirements must be satisfied as they pertain to your entity. Please return the required information to Hennepin County,Attention:Robert Moulder(at the address stated at the top of this page). A.) GOVERNMENTAL UNIT MUST FURNISH TO THE COUNTY A COPY OF THE ACTION OF USER'S GOVERNING BODY AUTHORIZING THIS AGREEMENT EXTENSION. HOWEVER, IF AN OFFICIAL OF USER IS AUTHORIZED BY STATUTE OR CHARTER TO APPROVE AN AGREEMENT OF THIS NATURE THEN THIS ORIGINAL LETTER SIGNED BY SUCH OFFICIAL AUTHORIZING THE EXTENSION MUST BE RETURNED TO THE COUNTY. NOTE:SUCH OFFICIAL MUST ATTACH TO THIS LETTER A COPY OF THEIR STATUTORY OR CHARTER AUTHORITY TO APPROVE THE AGREEMENTS. B.) CONSULTANT/THIRD PARTY MUST PROVIDE THE COUNTY A COPY OF AFFIRMATION BY GOVERNMENTAL UNIT THAT YOU WILL CONTINUE AS CONSULTANT AS STATED IN AGREEMENT NO. THROUGH THE YEAR 2004. IN ADDITION, CONSULTANT/THIRD PARTY MUST SIGN THE ATTACHED SIGNATURE PAGE AND ACKOWLEDGEMENT AND RETURN ORIGINALS OF BOTH TO THE COUNTY. C.) PRIVATE CORPORATION MUST SIGN THE ATTACHED SIGNATURE PAGE AND ACKNOWLEDGEMENT AND RETURN ORIGINALS OF BOTH TO THE COUNTY. -71 An Equal OpportunityEmp`oyer Recycled Paper As authorized by the Agreement and noting the above requirements,which pertain to you specifically, please indicate below your intention to extend or not to extend this agreement through the year 2004. Please return the originals of this page and the acknowledgement page and a copy of affirmation as Consultant/Third Party,as required,to the attention of Robert'Moulder at the address shown at the top of page 1 as soon as possible. Please check (X) appropriate box. VIt IS our intention to extend this agreement through the year 2004. • _It is NOT our intention to extend this agreement through the year 2004. We no longer require this information. Signature: Date: Authorized Signature • Title: If you have any questions about this notice,please call Robert Moulder at 612-348-2618 for assistance. Sincerely, 4u & b2 - /Sandra L.Vargas County Administrator Attachment CITY COUNCIL AGENDA DATE: January 20, 2004 SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: ITEM NO.: Public Works 2004 Equipment Replacement Fund Schedule -. Cliff Cracauer Eugene A. Dietz Requested Action Move to: Approve purchase of replacement vehicles and equipment as listed in the 2004 Budget General Fund Expenditures and Debt Service. Synopsis The Equipment Replacement Fund was developed by Fleet Services to provide a 15-year projection of equipment needs and replacement schedule. Annual budget requests are created from the Equipment Replacement Fund and submitted for approval. In addition, the equipment list includes acquisition of two new pieces of equipment as approved in the CIP budget a brush chipper and an additional single axle dump truck with dump body, plow and sander. Add on equipment/vehicles are typically financed through the CIP process and then assimilated into the Replacement Fund the exception being the large fire apparatus due to significant cost and a much longer life expectancy. Attachments List of replacement vehicles and equipment for the year 2004. 2004 Replacement Schedule Service Area Replacement Cost Public Works Streets **** Chipper CIP 2004 $ 28,000.00 **** Single Axle Dump Truck CIP 2004 $ 110,000.00 112 325 D mower $ 21,000.00 115 Mitsubishi Forklift $ 25,000.00 118 Front End Loader $130,000.00 121. GMC 4x4 Ext Cab $32,000.00 149 Aerial Van $62,000.00 Sub Total $ 270,000.00 Police Department Police 214 Crown Victoria $24,000.00 227 Crown Victoria $24,000.00 230 Crown Victoria $24,000.00 231 Crown Victoria $24,000.00 232 Crown Victoria $24,000.00 ' 233 Crown Victoria $24,000.00 269 Impala $20,000.00 273 Intrepid $20,000.00 276 Impala $20,000.00 282 Crown Victoria $24,000.00 Sub Total $228,000.00 Fire Department 352 Jeep Cherokee $25,000.00 361 F250 $25,000.00 363 F250 $25,000.00 Sub total $75,000.00 Park and Recreation Park Maintenance 461 1 Ton pickup with plow $32,000.00 463 Chevrolet C1500 $18,000.00 434 Cushman $20,000.00 Sub Total $70,000.00 Inspections 511 Dodge Stratus $16,000.00 Sub Total $16,000.00 Engineering 611 Chevrolet C1500 $16,000.00 612 Chevrolet C1500 $16,000.00 614 Chevrolet C1500 $16,000.00 Sub Total $48,000.00 Water/Water Utilities /1 2004 Replacement Schedule 715 1 Ton pickup with plow $31,300.00 716 F350 1 Ton Cab &chasis $30,000.00 725 Ford Taurus $ 16,000.00 Sub Total $77,300.00 Total all purchases $ 784,300.00 Total Water/Utilities $77,300.00 Total Equipment Fund $ 707,000.00 Salvage Equipment Fund $127,260.00 Net Equipment Fund $579,740.00 ****CIP 2004 Not included in fund total. ClP for 2004 $ 138,000.00 �"(3 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 20, 2004 DEPARTMENT: ITEM DESCRIPTION: ITEM NO.: Resolution Amending the Fee Resolution No. Fire Department 2003-172 .t Requested Action Move to: Adopt the Resolution amending Resolution No 2003-172,Regulating Fees and Charges for Business Licenses, Permits and Municipal Services. Synopsis This is to correct the fees for fire alarm systems and fire sprinkler systems. These changes were missed on the fee resolution. The changes will bring these fees in line with actual costs for services rendered. Background The current fees had been in place for several years and no longer reflect the cost of providing the inspection services for these permits. The fees are based on the Building Code fee schedule. Attachments Resolution 76 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2004- A RESOLUTION AMENDING RESOLUTION NO. 2003-172 REGULATING FEES AND CHARGES FOR BUSINESS LICENSES, PERMITS AND MUNICIPAL SERVICES BE IT RESOLVED, that changes to the Section, Building Inspections,be added to read as follows: Fire Alarm&Non-Water Suppression $1 to$2,000 $69.25 $2,001 to$25,000 $69.25 1st$2,000 plus$14 each add'I $1,000 or fraction thereof,to& including$25,000 $25,001 to$50,000 $391.75 1st$25,000 plus$10.10 each add!$1,000 or fraction thereof,to &including$50,000 $50,001 to$100,000 $643.75 1st$50,000 plus$7 each add'I $1,000 or fraction thereof,to& including$100,000 $100,001 to$500,000 $993.75 1st$100,000 plus 5.60 each add! $1,000 or fraction thereof,to& including$500,000 $500,001 to$1,000,000 $3,233.75 1st$500,000 plus$4.75 each add!$1,000 or fraction thereof,to &including$1,000,000 $1,000,001 &up $5,608.75 1st$1,000,000 plus$3.65 each add'I$1,000 or fraction thereof Other Inspections&Fees Plan checking 65%of the building permit fee if valuation is greater than$2,000 Fire Sprinkler Systems $1 to$2,000 $69.25 $2,001 to$25,000 $69.25 1st$2,000 plus$14 each add'I $1,000 or fraction thereof,to& including$25,000 $25,001 to$50,000 $391.75 1st$25,000 plus$10.10 each add'I$1,000 or fraction thereof,to &including$50,000 $50,001 to$100,000 $643.75 1st$50,000 plus$7 each add'I $1,000 or fraction thereof,to& including$100,000 $100,001 to$500,000 $993.75 1st$100,000 plus 5.60 each add'i $1,000 or fraction thereof,to& including$500,000 $500,001 to$1,000,000 $3,233.75 1st$500,000 plus$4.75 each add'I$1,000 or fraction thereof,to &including$1,000,000 $1,000,001&up $5,608.75 1st$1,000,000 plus$3.65 each add'I$1,000 or fraction thereof Other Inspections&Fees Plan checking 65%of the building permit fee if valuation is greater than$5,000 ADOPTED by the City Council of the City of Eden Prairie on this 20th day of January, 2004. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen Porta, City Clerk 7 , CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar 1/20/04 DEPARTMENT: ITEM DESCRIPTION: ITEM NO.: Office of the City Manager/Planning Riley-Jacques Barn Change Order Scott Neal Proposal Request . . Z John Gertz Requested Action Move to: • Approve Change Order Proposal Requests No. 1, 2, 3 and 4 for construction changes at the Riley-Jacques Barn; and • Approve request for Additional Fees for architectural and structural services. Synopsis The City has received four Proposal Requests (proposed change orders) from Miller-Dunwiddie Architects concerning the Riley-Jacques barn project. The Heritage Preservation Commission has reviewed each Proposal Request and recommends approval of each request by the City Council. The Proposal Requests are as follows: PR1 Description A change in roof shingles, from a fire retardant wood shingle to standard wood shingles resulted in a credit. Damaged roof sheeting was replaced as needed. Cost Breakdown Replace roof sheeting $1,247.00 Shingle credit 1,010.00 PR2 Description All windows in close proximity to the stage area in the upper level will be fitted with a darkening shade. The architect is recommending that a darkening shade also be added to the south window to limit light from that source, which could interfere with stage lighting. Cost Breakdown Window darkening shade $ 379.00 PR3 Description The barn's main support columns do not have adequate footings. When the concrete floor was removed it revealed an entire second concrete floor. The lower floor had been observed earlier near the columns through saw cuts and assumed to be the footings. After removal of the secod floor the footings under the columns were measured at 16" x 16" x 6". The structural engineer has advised installing new footings. A total of ten footings will be required. For personal safety reasons, it is recommended that the upper level floor be overlayed with 5/8" plywood. Existing conditions would require significant floor board replacement to make the original floor safe from tripping hazards. Painting of the lower level mechanical and storage rooms has been eliminated and will result in a credit. Cost Breakdown 10 footings/excavation $12,819.00 Plywood flooring 5,354.00 Painting Credit 814.00 PR4 Description The City's Building & Inspections Department recommended changes to the fire detection and monitoring plan,which will result in a credit to the City Cost Breakdown Electrical Credit $ 3,568.00 Additional Fees Miller-Dunwiddie Architects is requesting approval of additional fees incurred as a result of unforeseen conditions at the footings. These fees include the services of the structural engineer. Total Additional Fees $ 1,811.94 Cost Summary PR1 $ 237.00 PR2 $ 379.00 PR3 $17,359.00 Fees $ 1,811.94 $19,786.94 $19,786.94 PR4 Credit 3,568.00 TOTAL $16,218.94 Attachments Letter from Miller-Dunwiddie for Total Requested Additional Services Invoice from Meyer, Borginan and Johnson, Inc. U � 123 NorthThird St.,Suite 104 MILLER DUNWIDDIE Minneapolis,Minnesota 55401 tel:612.337.0000 fax:61 2.337.0031 ARCHITECTURE/ PRESERVATION www.millerdunwiddie.com December 23, 2003 Mr. John Gertz Heritage Preservation Specialist City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 RE: Riley -Jacques Farm MDA Project#EP0301 Dear Mr. Gertz: This letter is a request for Additional Fees for the above referenced project. The reason for the additional fee request is for the time we and our consultants have spent to date with the unforeseen conditions at the footings at the lower level of the barn. Our request is as follows: • Principal-in-Charge (1 hour @ $177.64) $177.64 ■ Project Architect (10 hours @ $54.93/hour) $549.30 • Structural (See attached) $1,085.00 Total Requested Additional Services $1,811.94 If you have any questions, please contact me. Otherwise, if this request is approved, please initiate the appropriate contract amendment procedure and inform me when we are able to bill for the Additional Services. Sincerely, Charles D. Liddy, J. ,A RB Principal Enclosures Copy Mark Miller, MDA (U:\EP\EP0301\Documentation\B-Owner\B1 Owner Correspondence\AddFee-Itr2.doc) Celebrating 40 Years of Service To Shape and Preserve the Environment Through Responsible, Creative Design sync I 1/1 B‘V MEYER, BORGMAN AND JOHNSON, INC_ 12 SOUTH SIXTH STREET, SUITE 810 DANIEL E. MURPHY, PE CONSULTING G s RUCTUR,-� Et!_IIIEEES MINNEAPOLIS,MI 155402-1564 MICHAEL J. RAMERTH, PE 4.M111C4FC•lIS I GIJ1'UTH TEL:612.338.0713 • FA,:612,337.5325 , v:vrv.mbieng_com• • • M100 Miller-Dunwiddie Assoc.Arch.,Inc. . December 15,2003 123 North Third Street • ip 1 rr '�� ! i -il Invoice No:23282 I� i • Suite 104 = Project No:03.413.1 • Minneapolis,MN 55401-1657 IDa I 9 2003 MDA#EP0301 Attn:Chuck Liddy Re: Lake Riley Existing Conditions By 13600 Pioneer Trail Eden Prairie,MN • For professional services rendered for the period November 16,2003 to December 15;•2003 for the referenced project. • MDA#EP0301 • Fee Charges Description Title Rate ,Hours Amount Jonathan Engineer I 70.00 • 15.50 $1,085.00 • Current Fee Charges • $1,085:00 Total Fee Charges $1,085.00 Invoice Total $1,085.00 • CITY COUNCIL AGENDA DATE: SECTION: Public Hearing January 20,2004 DEPARTMENT: ITEM DESCRIPTION: Vacation 03-10 ITEM NO.: Engineering Services Vacation of a Roadway Easement in Gray Fox 3-1 Dave Olson Bluff Eugene A. Dietz Requested Action Move to: 1. Close the public hearing and 2. Adopt the resolution vacating the roadway easement over part of Lot 3, Block 1, Gray Fox Bluff. Synopsis The property owner has requested this vacation to remove the encumbrance of an existing roadway easement over property being replatted as "The Bluffs at Purgatory Creek". The replat consists of three lots to be served with private cross-access easements, eliminating the need for a public roadway. A Declaration of Covenants, addressing ownership and maintenance responsibilities of the private drive,is to be recorded concurrent with recording of the plat. Attachments Vacation Drawings CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. VACATION OF ROADWAY EASEMENT IN GRAY FOX BLUFF WHEREAS,the City of Eden Prairie has a roadway easement described as follows: A perpetual easement for public roadway purposes over,under and across that part of Lot 3,Block 1, Gray Fox Bluff, according to the recorded plat thereof described as follows: Commencing at the southeast corner of said Lot 3;thence on an assumed bearing of South 88 degrees 50 minutes 31 seconds West, along the south line of said Lot 3,a distance of 331.85 feet,to the point of beginning of the easement to be described;thence North 29 degrees 10 minutes 26 seconds West a distance of 156.10 feet;thence South 60 degrees 49 minutes 34 seconds West a distance of 100 feet; thence South 29 degrees 10 minutes 26 seconds East a distance of 102.89 feet,to said south line; thence North 88 degrees 50 minutes 31 seconds East,along said south line a distance of 113.27 feet,to the point of beginning. WHEREAS, a public hearing was held on January 20, 2004, 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 roadway easement is not necessary and has no interest to the public,therefore,should be vacated. NOW,THEREFORE,BE IT RESOLVED by the Eden Prairie City Council as follows: 1. Said drainage and utility easement as above described is hereby vacated. 2. The City Clerk shall prepare a notice of completion of proceedings in accordance with M.S.A.412.851. ADOPTED by the Eden Prairie City Council on January 20,2004. 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NO. `;�i\ \ //i. ti`•I•\// e.1:E:?a`.'A't I iv I / • ` V^I 7 1�`'s `SFi \ �` i// 14TH — ADDITION ITiii?� / r• b`' _ ca __- i \ >o/r • / 3RD ACPITIEIt4 !e / `y./ L1M.�s,`..E_._ 1 CAST u.c Cr 100 a r/2 Cr MC \ 't 1 // —�L_ •c / _'/ ADDITION // 7aaw srvsscn .� iL I // \ / / \ / • • ! yea \\ !� — ' i' °• I • 4"y % R bt FM a`��. \ t ` - gib\ 'I / •r b :a \ \ 1 / ‘1%^ L L W� L. / i • I -� i ,• ,/ t,, \/'. ''S• \\ �L ---••' :rim �---' —/ ururrc.s[1rGt��_��t;,._._.� '� t`f• �`•°r' �P. GRAPHIC SCALE z• F' \\ �' n.a;.�" t• .�ii � /' I— , , 4� % 100 0 50 100 200 400 \ l- `'','. \ b• U"�' gA3 `\ ' t�if i (/J ii,• l\ (01 TST) rl ``' ,- ..-,a.•al ..4�` 1 ^/ r' ��i • a '�. • \ is/ r o.wan ant Iron Liam/avant Found \ r, p _ `•el i 1 r e N.n..dn County.limmeaa. r'1 S. _ _. •p a. / _ 1 �'I rt. o-Denote. I/2-:oche li-inch pia maned % + \ '%' �r—�ry�� 1,\ o ', .\ �,j i I n (-) W at w t9e40. S� 4-1y'/'` -/ /�)fpKy'13- \ t a1 ♦p n ,lout fr Onante0an t ue booing amtam used foe am4 owe 4 �y ?b I• \ ..Jam. \. !Na...:7a u o �' ''--- ��S `J /a.�•e' .. based m IM weal fie al Um Southwest Quarter o/ F. ! .ate/\.�•^"^ `( _// , tour/E,,,,,,,,,,,,,/- 1 \ / '+� Section•,T.110,R.22.ankh 4 orumod to have a r.'14 SA �. ^ -.� , ' \ c t \ ' `�\ \:A //'•� r Dearing of 402'50.52•E. \ 1,C5 s$ �a4j1 '7 tq�\`- _ •aw- \7 o s_ / Xt.` j \ , '/ I 0raino9.and Utility Eaw,ent.am \ •.A \�'0 1 \.. • ----=•L, /"/ /1 � ��.• 110 SCALE � I \ I \ a L._ Z,3.0, / G) 0 1-. \ \• ;'�+� CC MI r.t0 10� ,Ol \ }-/ J.•13'4. \`•' O �yiS\\` • \\'\ 34. •/`�� I-- W c� • Bing 10 1..1 it width and adpinirg % I ' \ y v. rpnt-at-woy G,es niece otherwise •.A I •� 4•yr -. �- �O/ i� bdcated,and Ming 10 ani in ma adth ! •T&us I / W ad odlubig bt rue.. 4n otherwise na ccww or rxa 5w r/•v gc\ S• .?e \ .1. b S el) Mnioohd U.plat. W,rrc M.G.a . rp-- \ ' ;la / +.. Tap(lot Hld,aart burled at 0.e Saudreaat Corner of C \ s� \\\ il.5Qo0 .�s[Sr.ie=e occ o,]�� / • •rm N None Tray and NRIne woy Elm.-00t 2i. J V] (N.GV.O-1929) - - \\ IOO.00_I.^1p7.a,' . 1pI , .^e w.1.r El.wtla. d No.err,eer 101h.2O01 \ T -- '� `�. / ` i I� /' rT, Downin.n.050.27 feat(N.G.V.O.1929) \ ,sn .��S 1e yl.� • • ., t�.y �,y ra 'S2'E ALPINE, +.- 5ao0 ar.m 41297 / 4,Zti�l9 \ \ TRAIL \\s tra2'�'32eE / 1•- ----- El ;,i�i. ALPINE ,,� 'c_3TATES N ALPINE_ /// F_ • \ / W1 0 ra SCHOELL do MADSON, INC. t�`.r'`' \ \ END \r\1 AI I ITiiitJ E:CTATFS ,/ " �r�"4 ENGINEERS * SURVEYORS * PLANNERS \ =� •r SOIL TESI1NGT, ENVIRONMENTAL SERVICES ^ / "�s^a* r/•� - , •c . . • (Replat) THE BLUFFS AT PURGATORY CREEK R.T. DOC. NO. _ 14 1). • ... io 1!.. ,..... MU l'.2.1i;:iiallialtil i .`,, I ..i i scalz IS 11XI h I . I.. u...,.......................,......a....t.... . / \ • . . . ..........r.<....4,.4,.....V...Fied dd. n-C . / :. . • ....J Le.,pleLL Liddy...it/5.22/12. • / W/ . ii.a.12.1•• • • S5 - •1....... I/2-Vt.6..,lewul k , / t t , . I ., : . \ 1 i •- . • .....,...s.b....ty/wwww...ed.W... . .4 1., /WI Ito • L i . . ' I I VD i : • • lumr,lal ha.1.•...L.11.1.wi..aulh.s....,..it I . • /' -. dewid.tywdLy wi Wm,....ia..11./wile I- IP .. • • st.l•- ..',.,), . unit— -- ::: i l i•;;.> It. i.'4‘. .'••:'''' ... It_1375___Stialrifiy_ .„tdif U•17:a/ lialeekoT le. t, j -, el -:1-k--:._:133 _.BIEUIEW— la • -.:•-,a X L.t.,.. .g i.. .7.1"I:1.''C1::'147 ......'':;:::1 -•'.'-:., -. ''.11.'-•::::‘).1:1C 14::.: '.):::C..1--1-:::-1% .1.. 0,1 t, -k • : -t• .. ...--,.".,„4 0.1,j..1:.:t;;::- . ,,,,, i_,..„....).11:....1._ , I Ti g°76 —iel, '42.721T-- v • ,....s ' s :t. 1. .,%;\ %, 1,( .:' —H—-TA——1602/1ZO?d2V- -- . ' ' k :a : 1-,.--l',Eie. V-• 10 ...,:d,".: \_ %.,4, L7 _ 9 5411Cat . V •• \, ' It 3 CI '‘, '''X' V-. •. .- 1,t'- •: Ii. 4' -- •:,•,,. • .,,‘/-3-4- . .., a• . 1). •- .51 Ie. • , G R / • \ -.1 -•O. -- 2 - -.• ,st s ••••1...'•".... -- N, A\''il.._to,...--......\ ' ‘ et - ) tli i - .- -.f ..,,..;"e :-;..------ .,Ax., .\"-:->4..... • - "- ---- ! -.5:,'- • ,* - 4 - :fp , : ta-S-•_, ;;: . . . ... It.,' • --• . • . . -. . L: i •• — — , .1 . . •-ic ,,...._ _ . . -... 3.1- ) ,:.. T•'. ., o N..\*."‹..". ...--. ,• • , •. -1,...?,.•4` '.,Lt.:.e.,....,s, J/E1 2,5-.. . • ' --.9 1 -,. - X- PS Ii \ 1248.27 1 • ---. -Al 88:50'3i"E tolls.1.1 s I...Owl,.t„ \ Alt.1.1.1111.11 "".' :,'•••••i::::1 ••,•it i'. :•.:-'..i • (Existing Roadway Easement . . Requested to be Vacated) JOHN OLIVER A-ASSOCIATES, INC. Dratiklipt Center Office SHEET 2 OF 2 SHEETS • . . . CITY COUNCIL AGENDA DATE: January 20, 2004 SECTION: Public Hearing DEPARTMENT: ITEM DESCRIPTION: Vacation 03-09 ITEM NO.: Engineering Vacation of Drainage and Utility Easements in •11PP Dave Olson Hennepin Village (Published 11/27/03; Sent to 1 property owner) Requested Action Move to: 1. Close the public hearing continued from December 16, 2003 Synopsis The Developer has requested this vacation to remove underlying easements, as platted with the Hennepin Village plat, to allow the construction of twin home units on lots previously platted for single family units. The reconfiguration plan was approved by the City Council on December 2, 2003. In order to facilitate the process, staff published the notice to conduct the public hearing on December 16, 2003. However, the Council approval was contingent upon the Developer providing documentation to the Council that purchasers of existing single family homes within Hennepin Village had been provided from the home builder (Ryland Homes) that twin or tri-plex units would be constructed adjacent to the single family units. This documentation, as well as execution of the Developer's Agreement is anticipated to be presented to Council at the January 20, 2004 Council meeting. Action on the vacation request for drainage and utility easements within Hennepin Village should occur simultaneously with approval of the Developer's Agreement. Attachments Vacation Drawings ' • HENNEPIN VILLA ,E ` ,R.TeDOC. NO. II in xa rye na nn xx of...L.CAAA) \ \ 1 /2.SS.2 of the Ne,/e. in.m 2m of m.Jr, .. .1,.. \F —— ---—— ——— // See.24 fro.IN.RI.22 / Om Nei/a S•.la r.. I."...22 "e)•Jo7rz�___ —t-__ -. .. ..-_--. \ Y6G•30'21"E 299.16 �- ——--—---' "——---- ----- ... _.___— — —— \ A\, j. n.r7 Mtn 0.1 it ' 7 1 A sn.n ---r N67•0424"W 1443.79 • E CEPT1ON 1 ✓ 1• D,L0�^�t o.00 1 A ——PROSPECT—Ne ;' '" -ROAD--- -- c, sear, f)ar. I / i e,r ".. ''' ' .k�`I u 1 n I 05 -. t. a D•'r. I s, gal \ / t F OI/JLOT6 ,�61. A `1 2_ 11 _ � \� R1I/ 3 6 t SEE DETA!L A `�'1 20 — , n + 8• '•_ ':'f 14:. , !• !n./ tt gl g g/ ii / __ 050.1. 1 zxiJ� .MhrfC OUfLoTQ� �q Q► / A% / \ a — + a 7D 1 3 ez at11111.. II. cn 8v 0 // d,�' p. 20 a 20`O ( V, 4 I 10 t 14 4 6 0 OIiILOT F 4 �- V �Q f i, b al B •rVat IA ei \ / zhin e € (Seer•! e.n..r.� e }�. C ,ak / r'r j ! ,,�'r'� >y .7 3 M-7-7 0l'7 \ ,2 7 >r' (s .n..r°of,n..f.) a v / / 1_ `_ ...24•JI'4s- . ' / F 4 1.401vZ 7 'I a =S 4_ ..• 1 'L.eaa1 4e / // " 7e Li fa y >: p ,� 7 14III N. ♦ 7 1 ..drm. r ax Ral.N.4 >° . •�'S./ 7 tob. F / 47 M49 60 gr �� if.,' I II �',�� 1 42 ov / / Cf i� 12 �'-' /�..•r•...r fh.see/* [C Agi 10 • 2?/\ ,n1a'is'2:'w 3e 4e 4Y 43 44 45 4e 1,0a // - ' Twm;151 s•.2a R rx ,X.0 a le 7A ,Nf2'�r5• yg // / 4. . fs¢o.n...r u•MA2,f4 / ....1/ ( z 77i,, s...nr•f N•NCI. g f� 11 II— / ZI // •42 / 1 2.e.110, •z22 xa ("iv'finGIJL) e��\ a? t2 40111k,27 - v. I Je2.2o r ) \1 .6i "s ItoijiJveam SZ:r •I-' H G nacre - i ll e2f leY6° / 1j _ lE EO •2•Ii'E --_NC)•J:'4f'E afII.4I-- \ .E / nE mmr..UI•SLl/+l . ,�'---.. 75 N7•' \.o.m fh•.r m•sf/2•r `o. / (f�.�.ci.cLLA)Rn 22 1pt In.sf/2 of ins Net/o. / p .�1 15 m.n..r nocf 0 S•.2a rep.Ilk AP.22 /r 11 S66 TRACT / / V 4 I 1 '''''. 1 / r DETAIL A 4Jl ' •� • M1a�i a / ��„/ No Stole REGISTER %',r-t/I'I L^,,C-n 1 nnfn prr-., nfn D' / / 1 •J 6i . (lLGIS ERED LJ,IYV .:Vh VL.1 YV' 9Lje ^Q-/ L.' / rrs- / ,��0 0, / OUILOTH , 22- .0' / / 001LOTA ,',� Bearings Moen on this plot a° p.b•g.•unny r...n.nf 0A e3)1 / r�„01,• aM1•'�° based upon assumed datum. am A)•r ar1.r N y tl'/ •Y1'u- /.` A t` rf I 1,p r y.0 t +$ ♦ ,"'. 4, • may/l q / .frly R/W lhr of CSAfA No.4. 2 1 "� ' g Mot so e.0.r.D.r N.rifIA, \\ t- — -- // V rc 1 At p�1 r o Donates I/2 Inch x f hch capped Far reb x / E / I Si^ ,b�l}.4 1 of t mork•d by R.LS Registration No.I3021 / j -c.- '•Ott ♦♦ / ))• h �i, yocP`` 4�0 • Donal.kon monument found M1'' ■ Donator cost Yon R/N monomont found 2 ssy •S ._ -'\.Crdlh..f Lti Ra x.4 t. %$• 1e f6 '\ Lo qs s' 4` D' �` 0V�j Z I `a �i ', L, D �n�'f eo 0 e0 169 7I0 FM1 q �/ C / !'"'1 I :3.-w ' D' Scale h lint / /KAIL\ h a LLD '', ,,4o os rieNN / r��j� \..,..rh..,r.,y tre e!Ar!V I g"^• 5M1•sof4+ / Try ;.U2OTH • Ffi�. / N55 BOUNDRY OF EASEMENT k 11 ;xk � F"0* 4;_ .46.64 :°'0000"£ VACATION AREA q 0111LOTI ' n ��dd ..ti ' /o _2°6r2," WESTWOOD prolosslono!Serncso.h:. k' / 'I?- 3.23 �,l�51 / /� R�666.72 VJ :•rn<roa• / / CB.'N36°34'30'E Or is VACATION 03-09 DRAWING 1/3 S' Y Q Q '14. �' ' E�Ptc,'`� le & ; M ON 1 `� \\v\••, \�\ _— �'• R mac' . c` e` a .4.` \\ 'p vo\V i ems'f-• /c�ITT, ' q E 11)y --. �`� y i tmtc.[r I F e W ,r - �� o a f€ �1 t : yiS p' `•5t.P Ali LtK.r+ n.[L[[11. ;j cc. e .{ i rise LtGfl.l► • • s R 1 "1 111•11 .I�a,,., r g •I i. d., Cair-. 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Neal Hennepin Village Site C and D Rezoning X1 •C . Michael D. Franzen Requested Action Move to: • Adopt a Resolution for Planned Unit Development Concept Review on 64.9 acres; and • Approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers and Zoning District Change from R1-9.5 to RM-6.5 on 11.99 acres; and • Direct Staff to prepare a Developer's Agreement incorporating Board and Staff recommendations and Council conditions Synopsis This is a rezoning of 113 lots from R1-9.5 to RM-6.5. The project requires waivers for lot size and setback consistent with the original planned unit development. The developer would like to receive 1st reading of the zoning change,but proceed to 2'd reading on a block by block basis. The purpose of the request is to use the time and experience from marketing the mix of products to determine what specific quantities of single family and multiple family should be included at second reading. Community Planning Board Recommendation The Community Planning Board reviewed this project at a public hearing on November 10,2003 and voted 8-0 to recommend approval a rezoning from R1-9.5 to RM-6.5 is for 40 lots in Site C. The board denied the rezoning from R1-9.5 to RM-6.5 for 29 lots in Site D and 44 lots in the east portion of Site C. Background Information: The approach for phasing seconding reading has implications for the City. • Future homeowners will not know what the final plan will be at the time of purchase. Public hearing notices are not sent out for 2nd reading. • Current homeowners will not be advised of plan changes. Public notices are not sent out for 2nd reading. q3 City Council Agenda Hennepin Village Site C and D Rezoning Page 2 • It bypasses the Community Planning Boards advisory recommendation on the final development plan. • May create problems for future Councils if the development plan takes several years to implement. Future Councils may not like having to approve a second reading for a project they did not participate in publicly. Staff recommends that standard development procedure be followed for 1st and 2nd readings. The project requires the following waivers in the RM 6.5 zoning district. • Lot depth from 100 feet to 90 feet. • Front yard setback from 30 feet to 10 feet. • Rear yard setback from 20 feet to 10 feet. • Side yard setback from 10 feet to 0 feet on one side. • Side yard setback from 10 feet to 7 feet on one side. The zero lot line setback for the attached units eliminates 1.16 acres of open space between the buildings. Code Amendment Staff contacted 10 suburban communities regarding ordinances which allow single family in a multiple family zoning district. Half of the communities contacted are fully developed and half are developing communities. Six communities have an ordinance which allows single family in a multiple family zoning district. No communities have approved a plan with single family and multiple family on the same block. They have approved single family and multiple family within the same planned development but on a neighborhood or block basis. If the Council is interested in pursuing the code change the staff would suggest permitting single family in the RM-6.5 district through a planned unit development. There are 1,243 acres of land zoned RM-6.5. There are 80 undeveloped acres which can be zoned RM-6.5. Attachments 1. Resolution for Planned Unit Development Concept 2. Staff Report dated December 5, 2003 3. Community Planning Board Minutes dated December 8, 2003 91 City Council Agenda Hennepin Village Site C and D Rezoning Page 2 participate in the public hearings from the beginning. Staff recommends that standard development procedure be followed for 1st and 2nd readings. The project requires the following waivers in the RM 6.5 zoning district. • Lot depth from 100 feet to 90 feet. • Front yard setback from 30 feet to 10 feet. • Rear yard setback from 20 feet to 10 feet. • Side yard setback from 10 feet to 0 feet on one side. • Side yard setback from 10 feet to 7 feet on one side. Code Amendment Staff contacted 10 suburban communities regarding ordinances which allow single family in a multiple family zoning district. Half of the communities contacted are fully developed and half are developing communities. Six communities have an ordinance which allows single family in a multiple family zoning district. No communities have approved a plan with single family and multiple family on the same block. They have approved single family and multiple family within the same planned development but on a neighborhood or block basis. If the Council is interested in pursuing the code change the staff would suggest permitting single family in the RM-6.5 district through a planned unit development. There are 1,243 acres of land zoned RM-6.5. There are 80 undeveloped acres which can be zoned RM-6.5. Attachments 1. Resolution for Planned Unit Development Concept 2. Staff Report dated December 5, 2003 3. Community Planning Board Minutes dated December 8, 2003 HENNEPIN VILLAGE SITES C AND D REZONING CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2004- _ A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF HENNEPIN VILLAGE SITES C AND D REZONING FOR HENNEPIN VILLAGE LIMITED PARTNERSHIP 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 December 8, 2003 on Hennepin Village Site A Rezoning by Pemtom Land Company and considered their request for approval of the PUD Concept plan and made its recommendation to the City Council; and WHEREAS, the City Council did consider the request on January 20, 2004. NOW, THEREFORE,BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. Hennepin Village Sites C and D,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 stamp dated November7, 2003. 3. The Community Planning Board met on December 8, 2003 and made its recommendation to the City Council. ADOPTED by the City Council of the City of Eden Prairie this 20th day of January, 2004. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen A. Porta, City Clerk EXHIBIT A PUD Concept- Hennepin Village Sites C & D Legal Description: Blocks 5, 6, 7, 8, 10 and 11, and Outlots D,E and H of Eagle Ridge at Hennepin Village One. 1- STAFF REPORT TO: Community Planning Board FROM: Michael D. Franzen, City Planner DATE: December 5,2003 SUBJECT: Hennepin Village Site C and D Rezoning APPLICANT/ Pemtom Land Company OWNER: Pemtom Land Company LOCATION: South of Flying Cloud Airport, east of Eden Prairie Road, and north of Highway 212 REQUEST: 1. Planned Unit Development Concept Amendment on 64.9 acres 2. Planned Unit Development District Review on 11.99 acres 3. Zoning District Change from R1-9.5 to RM-6.5 on 11.992 acres 4. Site Plan Review on 11.99 acres To' Area Location Map - Hennepin Village Sites C and D Rezoning Address - N. of Hwy #212, and east of Spring Road , , , , !_.. ... ,1" I 1 11_1 I I I ij I I / •1\ •.. 4:://// • ' 1111 I 11 I I I I III I •// - -.. - • :'... . . .. ., I // :. . . ,, . ---__ : -.. . [.... . 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Yic. •••••••-• 1 - - 1 1 .----- T .. .. , : , . . . •,/ - • . • .1 _ .... ... . .._. • . . -• . •. - -- • 1.----2, (, •- - --- ..- : . ... —I 1.- -._/•-•—• - - \.c.: —. - - .. . . . 1........____—_\• 1 ›....._____ ii•• j______ ..:. ill_ .. . . ,............_ _ ............ ... ,... ... ..•. ,. ,......_ ... , . ... - : ..•. ••.:,•:.:.i..., ----- „..-.---_-..,v, - :. I. . . _ ••••• ....._ ______. , „.........--.7„ .• . ..„__________ .-... . i.; ....... .:.,.,. . . •-____.....„ ... . , ... .. ..._,... . .... .. .. . ..1 . • . _ . •. . . ,--- f• . l ...---......./ rt..") . ':• .19 . ., Highway #21.2 . • " 1 .,:• ' •:::!::I ----- . . . \,L\cr- . N1 - \ ... --- Grass Lake 1 • ..„, : ... :I. .: -- ..• -[......2...- , o Scale - i CI 9t Staff Report—Hennepin Village Site C and D Rezoning December 5, 2003 PROJECT DESCRIPTION The approved plan for Site C and D is 443 housing units with 330 townhouses and 113 single family homes. There are four amendments to the approved plan. • Rezoning 113 single family lots from R1-9.5 to RM-6.5 Multiple family buildings are not permitted in the single family zoning district. • Change in housing mix The approved plan is 113 single family homes and 330 townhouses. The proposed plan is 113 two and three unit buildings, 330 townhouses, and 0 single family homes. • Change in open space The zero lot line set back reduces internal open space between buildings by 1.16 acres. • Change in architecture The two and three unit building product has a different architectural look than the two story single family home. The project was advertised as a rezoning for all 113 single family lots. The developer's narrative indicates that if the City is not amenable to developing a mixed use zoning district that would allow both multiple family and single family,that the request would be modified to rezone 40 single family lots to multiple family lots in west portion of Site C,withdraw the request to rezone 29 single family lots to multiple family in Site D,and withdraw the request for rezoning 44 lots from single family to multiple family in east portion of Site C. The City cannot create a zoning district for this project only.This would be a spot zoning and would not likely hold up to a challenge in court. If the City considers changing single family to allow multiple family or multiple family to allow single family,the city wide implications must be studied. There are vacant single family lots scattered throughout the community in established neighborhoods. Building a multiple family unit would be inconsistent with neighborhood expectations. Also existing single family homes could be converted to multiple family. Allowing single family in a multiple family zoning district may not have the same impact,but may be contrary to the purpose of multiple family zoning. Higher density zoning typically provides affordable rental and ownership housing, and workforce housing near employment.Higher density housing is typically located near commercial,office,and industrial areas.It would not make sense to convert existing high density areas to lower density. The adjacent roads are built to accommodate higher traffic. This may also create pressure to convert low density areas in other parts of the City to multiple family. PLANNED UNIT DEVELOPMENT WAIVERS The project requires the following waivers in the RM 6.5 zoning district. 2 Staff Report—Hennepin Village Site C and D Rezoning December 5, 2003 • Lot depth from 100 feet to 90 feet. • Front yard setback from 30 feet to 10 feet. • Rear yard setback from 20 feet to 10 feet. • Side yard setback from 10 feet to 0 feet on one side. • Side yard setback from 10 feet to 7 feet on one side. The zero lot line setback for the attached units displaces 1.16 acres of open space between the buildings. The private open space is an important part of the approved plan for visual transition between the buildings. Twelve lots would have to be taken out of the plan in order to retain no net loss of private open space. DRAINAGE There are minor changes to the grading and drainage plans. LANDSCAPING There are minor changes in the location of trees. SITE SIDEWALKS AND TRAILS There are no changes to the approved plan. SUMMARY On December 2, 2003, the City Council approved a rezoning of 33 lots from single family to multiple family for Site A. Twenty seven(27) lots, or 45%,will remain single family. There are two options for the Board. 1. Reaffirm the approved plan for Sites C and D. 2. Recommend approval of the request to rezone 40 single family lots to multiple family in the west portion of Site C. Accept the withdrawal of the request to rezone 29 single family lots to multiple family in Site D. Accept the withdrawal of the request to rezone 44 single family lots to multiple family in the east portion of Site C. STAFF RECOMMENDATION Recommend approval of the request based on the following. 3 /0/ Staff Report—Hennepin Village Site C and D Rezoning December 5, 2003 • Planned Unit Development Concept Amendment on 64.9 acres • Planned Unit Development District Review on 11.99 acres • Zoning District Change from R1-9.5 to RM 6.5 on 11.99 acres • Site Plan Review on 11.99 acres This approval is subject to the recommendations of the staff report dated December 5, 2003 and plans dated December 5, 2003, and the following: 1. Rezoning is for 40 lots from R1-9.5 to RM-6.5 in west portion of Site C. 2. The request to rezone 29 single family lots from R1-9.5 to RM-6.5 in Site D is withdrawn. 3. The request to rezone 44 single family lots from R1-9.5 to RM-6.5 in the east portion of Site C is withdrawn. 4. 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 5. Prior to grading permit issuance,the proponent shall install erosion control and tree protection fencing at the grading limits of the property for review and approval by the City Engineer and City Forester. 6. Prior to Building permit issuance, the proponent shall: A. Meet with the Fire Marshal to go over fire code requirements. B. Submit samples of exterior building materials for review. C. Submit a landscaping and tree replacement bond for review. D. Pay the appropriate cash park fee. 7. The following waiver from the City Code are granted as part of the Planned Unit Development District review in the RM 6.5 Zoning District: • Lot depth from 100 feet to 90 feet. • Front yard setback from 30 feet to 10 feet. • Rear yard setback from 20 feet to 10 feet. • Side yard setback from 10 feet to 0 feet on one side. • Side yard setback from 10 feet to 7 feet on one side. 4 /OD- Planning Board Minutes December 8, 2003 Page 3 C. HENNEPIN VILLAGE SITE C & D REZONING by Pemtom Land Company. Request for Planned Unit Development Concept Amendment on 64.9 acres, Planned Unit Development District Review on 11.99 acres, Zoning District Change from R1- 9.5 to RM 6.5 on 11.99 acres, and Site Plan Review on 11.99 acres. Location: North of Highway 212, east of Spring Road. Dan Herbst of Pemtom Land Company presented the project. He stated when trying to meet submission guidelines for the November Community Planning Board meeting he was unable to get all the information together in time; as a result, he presented Site A separately from Sites C and D. He displayed a map of the area and stated he is requesting a rezoning of 113 single family lots to RM-6.5, multifamily. He said they are planning on using the same architectural elements in the multifamily homes as they have used in the single family. He stated there is no request to change the density, they are merely substituting twin and triple homes on the single family sites. He said another request is to change the city code to allow an intermix of multifamily and single family homes. He said the twin homes and three-plexes will have most of the living area on one level, the landscaping and streetscape will remain the same although there will be a loss of 4.6 acres of green space. He asserted they are anxious to get the homes built and sold. Franzen stated that staff is recommending approval based on the narrative from the developer which stated that if the mixed use zoning district is not in place they will agree to the 40 homes converted to multifamily. The developer has reaffnined his initial intention that the board should act on all of the lots. He said there are questions that need to be addressed such as whether single family housing is an important product type and, if so, where it should be located. Another question would be how many single family homes need to be maintained as part of the development. Brooks stated that in the original plan there were 760 lots. He asked what percentage are proposed to be single family. Herbst responded that of Sites C &D approxi- mately 28% are single family with 83 in C and 30 in D; Site A now has 27 single family lots. Brooks asked the square footage of the multifamily units. Herbst responded approximately 1,100 - 1,300 square feet. He said they would have basements with ingress/egress windows to allow finishing the lower level. Nelson stated the letter said the houses were to accommodate work force housing and asked Herbst how much the homes will cost. Herbst responded they start at $265,000 and the final price is approximately$325,000. Nelson asked if there are any priced as work force housing. Herbst responded they are workforce housing. /0_3 Planning Board Minutes December 8, 2003 Page 4 Nelson asked if he would leave single family homes in Site B. Herbst responded because the topography is so severe,they have already done a great deal of grading which did result in loss of trees.Nelson stated she is concerned about the loss of the single family housing and she suggested possibly designing Site B with single family homes. Herbst stated he hasn't explored that possibility since he is now unsure what type of single family house would sell. The multifamily homes are selling well with 70 sales out of 144. The single family sales still remain slow.Nelson asked Herbst why he took out the green space rather than removing a home here and there to preserve the green space. Herbst responded that he can't afford to lose any of the homes because of increased costs due to infrastructure and higher assessments. Steppat asked Herbst if he was of the opinion that no single family home design will sell. Herbst responded that he needs to keep the project going and single family homes aren't selling currently. He said the consumer is wanting single level living areas which these townhomes and three-plexes will provide. Steppat asked if Herbst had considered going with the original plan and redesigning the single family homes with single level living areas. Herbst responded the footprint is too small for a larger home and he is trying to accommodate consumer demands with the least amount of change to the plan. Foote stated the single family home element design was what intrigued him from the beginning with this project. He said in Site A 33 are changed. He asked if the developer were to stay with that proportion on Sites C and D,what kind of hardship that would cause. Herbst responded he was afraid it wouldn't work and they would have to come back before the Board; they would rather have all the lots changed to multifamily. He said all three products could be offered and demand would be determined by market demand. Foote asked when the homes would be completed. Herbst responded they are behind on the single family homes, Site A should be complete in 1 1/2 years and then they will start on Sites C and D. Herbst stated it is a bad time of year and if the pace picks up they could build more single family homes in the multifamily district. He said the change in code allows flexibility in types of homes built and he wouldn't need to come before the Board again. Foote asked for staff input regarding this overlay zoning. Franzen stated the City can't spot zone. The City cannot create a zoning district for this project only. If the City considers changing single family to allow multiple family or multiple family to allow single family,the city wide implications must be studied. There are vacant single family lots scattered throughout the community in established neighborhoods. Building a multiple family unit would be inconsistent with neighborhood expecta- tions and existing single family homes could be converted to multiple family.He stated the easiest way to go would be to change the code to allow single family in a multifamily zoning district. Franzen added that if the area is zoned multiple family it will be developed as all multiple family, since the developer will not make a commitment to build any amount of single family. Planning Board Minutes December 8,2003 Page 5 Koenig asked the developer what the difference in square footage is between the single family and multifamily homes. Herbst responded the two story single family homes have approximately 1,800 square feet which includes both the upper and lower levels; the multifamily has 1,200- 1,400 square feet. Koenig asked where the square footage is lost. Herbst explained with the single family the upper level allows for additional bedrooms. Koenig asked whether the price point would change with the multifamily homes. Herbst responded the one story rambler style is going to cost about the same. She asked with the single family, duplex and tri homes mixture how that would affect association dues. Herbst responded nothing changes everyone would pay the same. He explained that there will be differences between the single family and multi family. Koenig stated it didn't make sense that single family homeowners would pay the same rates for association dues as multifamily homeowners. Nelson asked staff to explain the front yard setbacks that have been agreed to initially with this development and what they would be without the waivers. Franzen responded that in this development,the single family homes have setbacks of 10 feet in the front, 10 feet in the rear,regular setbacks would be 30 in the front and 25 in the rear. Nelson asked how close the homes are to the airport flight path.Franzen answered they are not in the safety zones and none in this site are located in the 60 or 65 noise contours, although a portion of Site A is in those areas. Nelson asked what typical setbacks would be for multifamily housing. Franzen responded for RM- 6.5 it would be a setback of 30 feet in front and 20 feet between the buildings. These buildings have 14 feet between them. She asked what the City was getting in return for this product as opposed to what other developers have provided. Franzen responded there isn't anything out there with this size floor plan. Other developments offer larger homes(1,500 - 1,800 s.f.)with an equal amount in the lower level,with some plans at approximately 4,000 s. f and costing between $500,000- 600,000. Franzen said the City is getting open space dedicated,common space, a trail system, and diversity of home types. He said it's important to look at the homes and ask if they are a better design and if the waivers weren't granted the City wouldn't have all these items in return. Nelson asked staff the minimum width for doorways in the single level townhomes would measure. Franzen responded he didn't know about interior doors but the exterior entrance and exit doors need to be at least 36 inches. He said the interior doors would be a minimum of 30 inches and would be 36 -42 inches for handicapped accessibility. Nelson asked Herbst about the door widths. Herbst stated he wasn't sure about door sizes. Nelson asked how many stairs there were from the garage into the house. /05 Planning Board Minutes December 8, 2003 Page 6 Herbst responded there are 2-4 steps. She asked how many there were on the front of the homes. Herbst answered that there was one step. Nelson said that she would like to know if the homes will be handicap accessible to those who would want single level living and until she has those answers, she can't agree to the changes. Stoelting asked where the single family housing is currently located. Herbst displayed a diagram and showed that they were in Site A in the center of the site. Steppat asked how many of the single family homes had sold. Herbst answered ten with some lot holds. Steppat stated he is troubled because the project keeps coming back to the Board. He said there are people who have bought single family homes in the development and they have certain expectations. He said even though it does seem as though the single family homes are not selling; he said he was not in favor of mixing single family and multifamily and would want single family retained in some areas of the development. Brooks asked what type of grading could be done to allow a different type of single family home on Sites C and D. Herbst responded that curb cuts and grading has been done and utilities are installed; it would be very difficult to make changes. Brooks asked if multifamily were already built. Herbst responded they had been built in some areas. Brooks stated that he saw the need for changes in Site A. He said with the scope of this project it's difficult to deal with it as a whole. He stated he would reluctantly approve the request because it wasn't good to have the property not selling. Sutherland asked Herbst how many levels were in the current multifamily homes. Herbst responded the Carriage homes are three levels and the Heritage homes have a walkout with bedrooms on the lower level. Sutherland stated that Herbst indicated single family isn't selling because it's not single level yet the multifamily homes are selling well and aren't single level homes either. He asked why Herbst believes that the single level multifamily homes would sell better since he hasn't built any of those particular homes yet. Herbst responded that there are similar developments that are selling well and it's a new concept which is consumer driven. Sutherland stated his concern was the risk involved. He said single family didn't work,perhaps the multifamily might not either. Herbst responded there are no guarantees. Sutherland asked Herbst if the area was still just an open field, would he still build multifamily. Herbst responded he may have come up with something different. Stoelting asked if the request was originally to withdraw the rezoning request on Site D and the eastern portion of Site C. Herbst responded the original plan was to rezone all 113 lots to multifamily. He said if that didn't work, a portion would remain single family. He showed the site plan and stated the product will be unattached and mixed with multifamily. He asserted the streetscape would be very attractive with the multifamily and single family homes mixed. g Planning Board Minutes December 8, 2003 Page 7 Stoelting stated they would need to modify the zonings in order to intermingle single family and multifamily. Franzen said the proponent can ask for a code amendment or work within the requirements of a particular zoning. He stated if he were to petition for a zoning code change it could be a mix of single family and multifamily. Stoelting said he would be agreeable to a phased approach toward single family housing rather than eliminating it. Herbst responded he didn't want to eliminate single family altogether. He said the Ryland Company feels strongly about the project and he would be willing to return for a code change. Foote stated he would have been reluctant to support the project had this been requested at the beginning. He stated he doesn't want Herbst to come back over and over. Franzen asked Herbst if Ryland thinks they should do a certain number of lots this year or do a certain number next year. Herbst responded they don't have a certain number and current homeowners don't seem to be opposed. Koenig asked what type of housing would be going in next to the open space adjacent to the park. Herbst responded there will be 52 townhomes in the $500,000 range. Koenig stated she is not against a mix as it will allow for variety but doesn't agree with single family and multifamily intermingled as people in single family homes won't like it. She said the development will look very different and appear much denser because of less open space and this is a real concern. She said she is very confused about the CounciPs action to remove single family and replace with multifamily. Koenig stated she is concerned it will remain all multifamily or just a small number of single homes will be placed throughout the development. Nelson asked if there is a way to guarantee certain sizes of interior doors. Franzen responded there aren't requirements in the zoning code but there would be in the building and fire codes. Nelson stated she believes people are not attracted to the area because it looks like a multifamily development. She said if the zoning is changed, she is not convinced there will be single family homes built there. She stated the single level multifamily homes need to provide amenities for people with needs for one level living. She commented that if there was single family housing near the entrances, more interest might be sparked in the development. Koenig stated that the new units aren't family friendly. They're small and geared toward empty nesters. She said she's not comfortable with it. Brooks stated that the challenges are that the curb cuts, sewer and utilities are in and because of this it confines the developer to what's existing for building pads. Foote stated Site D could be totally redone to accommodate single level single family homes if Herbst chose to do so. Herbst stated the single family houses will 107 Planning Board Minutes December 8, 2003 Page 8 not be adaptable on the perimeter of the site because of the alleys. He stated in order to fit in the site they would have to move the garages into the front of the homes. Stoelting stated Site A has a mix of multifamily. He asked if Sites C and D should be done similar to Site A allowing for single family housing. Herbst responded they would like to do a mix and if they can't they would want to do all multifamily. Steppat stated he is not in favor of a mix of single family and multifamily on the same block. He said he doesn't favor setting up block by block and would prefer all multifamily and a separate site for single family. He said he believes there is a large population of empty nesters who need this type of housing. Stoelting commented that the recurring theme he's hearing from Board members is that they are not in favor of a mix of single family and multifamily on the same block. He asked members if they would be comfortable with not intermixing and how they felt about single family eliminated altogether. Brooks stated that if this is how the project had been presented originally, he would not have supported it. He said he's a little more comfortable with the project but doesn't like the mixed housing. Nelson said she's okay with single level housing but is not comfortable with the project and has not been from the beginning. She also would never have agreed to it if it had been presented this way originally. If the single level housing is done correctly it would be marketable. Foote stated he doesn't support intermingling of single family and multifamily on the same block. Steppat said he doesn't support inteimingling but would be okay with sections of single family and multifamily. He said had this project come in originally this way he wouldn't have supported it. Koenig stated she didn't support inteimingling or all multifamily housing. Seymour stated he appreciates the complexity of the site. He continued the market and dynamics of Eden Prairie have changed and there are just a few bits of developable land remaining. He thought that originally they would be developed differently and was disappointed about the lack of single family housing in this development. He said it's important to get it developed and not let it sit but he's not in favor of intermingling the multifamily and single family. Sutherland stated that inteuttingling did not make sense. They need to look at an incremental approach which is something that has not been tried. He said in looking 1005 Planning Board Minutes December 8,2003 Page 9 at Site C there could be a change to multifamily on the east side. Koenig stated that they have ignored Site B and asked what the plans are for that area. Herbst responded that the development of Site B will be a couple of years out and he's not ready to commit to that area currently. Koenig asked whether Site B would consist of multifamily or single family. Herbst responded there were originally 180 homes and now there are 167. There are 51 single family, 64 Heritage townhomes, and 64 Carriage townhomes. Koenig said the state of the economy is a factor and it's important to look at the long range since single family may be selling better in a year or two. Foote stated he was not happy with the lack of single family homes and reduction of square footage which means there will be no families in this development. He said he hopes the east side of Site C can incorporate single family. Koenig stated that when the development was originally presented, it was with single family homes aimed at families. She asked staff if there will be an affect on traffic numbers with a mix of multi and single family. Gray responded there would be very little difference in traffic. Stoelting stated the consensus of the Board indicates they don't want to mix single family and multiple family on the same block. He asked if Herbst could look at a middle ground with Site C. Herbst responded they could rezone and then wait and address the site later. Foote stated it sounds like a good approach to take the one section at this time and asked if that would be acceptable. Herbst responded Ryland would not like it as the homes are consumer driven. Nelson agreed with Foote that she would like the eastern part of Site C to be returned to single family. She stated there would be enough room to allow a house that would have some first floor space area. She suggested two or three architectural designs that differ from those not selling. Stoelting suggested a phased approach in that the western portion of Sites C &D would be changed and the eastern side of Site C would not be. He asked the board for input as to a phased approach. Sutherland stated that he would be for an incremental approach on Site C. Seymour stated he would not be opposed to increments. Koenig said an incremental approach would be good. log Planning Board Minutes December 8,2003 Page 10 Steppat said he would support an incremental approach. Foote agreed that the incremental approach would be good and the Board can look at other areas in the future. Nelson stated she agreed with the incremental approach and would like a full building season to pass before bringing the project back. Brooks agreed with increments. Koenig liked the idea of a variety of single family homes and placement of those homes on the perimeter of Site C. MOTION by Sutherland, second by Nelson, to close the public hearing. Motion carried, 8-0 MOTION by Sutherland, second by Foote,to approve the request to rezone 40 single family lots to multiple family in the west portion of Site C. Franzen said the Board must make a recommendation to the Council in regard to the remaining units. Foote stated the motion should indicate they are for the rezoning of 40 lots in the western portion of Site C but not in favor of rezoning the remaining lots in Site D. Stoelting read the amended motion as move to approve the request to rezone 40 single family lots to multiple family in the west portion of Site C. Deny the request to rezone 29 single family lots to multiple family in Site D and the request to rezone 44 single family lots to multiple family in the eastern portion of Site C. Foote seconded. Seymour stated that the developer can still develop the sites as proposed earlier. A vote was taken: Brooks, Foote, Koenig,Nelson Seymour, Steppat, Sutherland, and Stoelting voted aye. Motion carried, 8-0. Herbst responded the Board has looked at it hard and feels the project is challenging. He said they're looking at unique projects with the hope of being flexible. Koenig told the developer she appreciates the open space and park space fees. I/O CITY COUNCIL AGENDA DATE: January 20,2004 SECTION: Public Hearing DEPARTMENT: ITEM DESCRIPTION: I.C.93-5305 ITEM NO.: Engineering Public Hearing for TH312/TH212 (from CSAH Rodney W.Rue 4 to Existing T11212 Near Carver County Road )tr 147)Municipal Consent • Published 12-18-03, sent to 351 property owners) Requested Action Move to: /. Close the public hearing and request staff to prepare a municipal consent resolution for the February 17,2004 City Council meeting. Synopsis Pursuant to Minnesota Statute, Section 161.164, a public hearing is required for consideration of municipal consent for the TH312/TH212 improvements. As required, a 30-day public notice was published (on December 18, 2003) in the Sun Current. Individual notices were also sent to the adjacent property owners an average of 700 feet from the corridor. Background Information A series of open houses were held in the affected communities. Many of the questions and comments from Eden Prairie residents were related primarily to noise mitigation (berms/walls), geometric improvements and grading/profiles. Because the project has a significant volume of excess grading material, required noise mitigation will be provided primarily by noise berms with noise walls used to supplement the berms where necessary. Other areas of potential berming where noise mitigation is not required have been identified. It is expected that these areas will be used for placement of additional excess material. Geometric changes (from the original layout approval) are also being recommended. The most significant changes are the elimination of the proposed Shoreline Drive bridge, a design change for the east-bound Dell Road access ramps, and a shift in the Scenic Heights Road alignment near Dell Road. These changes resulted primarily from a combination of the TH 212 mainline profile being raised to minimize any potential ground water impacts, as well as minimizing wetland impacts near the Bearpath "cranberry bog". The elimination of the Shoreline Drive bridge is being mitigated primarily by the construction of a new park access road from Linwood Court. This new access will continue to provide two access alternatives for Miller Park(one from CSAH 4(Eden Prairie Road)together with the new one from Dell Road). The proposed Dell Road interchange design will provide a"folded diamond"for west- bound access to Dell Road, while east-bound access to Dell Road will be provided by a "standard diamond" design. This interchange layout is identical to the TH312/CSAH 4 interchange. In addition, due to this design change, the proposed Scenic Heights Road and Dell Road intersection needed to be shifted farther south to accommodate adequate intersection spacing. Staff has reviewed these proposed changes and agrees that they are a reasonable solution to minimizing the impacts. MnDOT has provided us a preliminary cost estimate for our share of the TH312/TH212 improvements. Our share is currently estimated at $1,893,000.00. However, there have been discussions with MnDOT staff and it is likely that this estimate will be lower based on some refinements primarily for turn lanes and bike trails. There is also additional costs associated with watermain improvements on Scenic Heights Road,which are the City's responsibility. III Dale and Wilma Johnson 18537 Saint MeIlion Place Eden Prairie,MN 55347 January 9,2004 City Council, City of Eden Prairie • 8080 Mitchell Road Eden Prairie, MN 55343 Subject: TH 212 Final Layout Approval Ladies and Gentlemen: As residents of Eden Prairie,we are pleased that the long awaited improvements and extension of TEl 212 will be going forward from CSAH 4 to the existing TH 212 near Carver County Road 147. Our only plea is that the job be done correctly and consistent to previously published expectations relative to reduced grades to safeguard as much as possible the quality of life we have grown to cherish in Eden Prairie. The road will be here for a very long time and passes through extensive residential areas in Eden Prairie. Please use whatever leverage you have as the City Council of Eden Prairie to ensure that necessary expenditures are made to maintain highway grades as low as possible to minimize noise pollution in our city. Thank you for your consideration of this matter. Sincerely, Dale&Wilma Johnson . . . • .• . ,•. . . , . . . . . . . . . . . , . •,-;: .s; ‘• P t; .tH ;.'::!. .• .; • ;• • . ,'" " .• Wr; dIr 3 ; r, 1E1: 1; wo.r,:ji EiT.,; yfe!oo• 1.r, t,11.1,1- 11). 1."••rtliC.Cr (..11!•1 t!ri •1 ton!! :pr.; 1}1:, • rt )i .; !!‘=.fiqie, !•.t,11.; I.; ".•1:;7, '.t - : v.,: • ;.-!,••••.- • I • •i ;,-., .• ;;;. : , r.••::: . • • frj The Pemtom Land Company 7597 ANAGRAM DRIVE EDEN PRAIRIE,MINNESOTA 55344 (952) 937-0716• FAX(952) 937-8635 DATE: January 20, 2004 TO: Mayor,Members of the City Council,Professional Staff SUBJECT: Hennepin Village Hennepin Village Site A Rezoning We respectfully request that the second reading be approved for rezoning on Site A as well as to approve the Supplement to the Developers Agreement and approve and authorize the issuance of a grading permit for Site A as outlined in the City Staff report. Hennepin Village Site C and D rezoning We respectfully request that the public hearing for the approval of the first reading of the ordinance as it relates to Sites C&D rezoning be post-poned until Tuesday,February 3, 2004. Thank you for your consideration of the above. Sincerely, : PEMT I A A C0011 • NY P 00All 4rviimor Daniel J. IL - President • _} .// • • * .diagagt-; January 20, 2004 P EARPATII IIOMLOWNEI1S ASSOCIATION Mayor Nancy Tyra-Lukens City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 RE: Recommendation Concerning Consent for TH312/212 Near the Bearpath Community Dear Mayor Tyra-Lukens: We wish to express our concern over the proposed design of the Underpass Archway(Bebo)in the Lake Riley Creek bed where it enters the Bearpath Community. We have a recommendation that we feel will better serve the needs of the residents of Eden Prairie and Chanhassen that would be in close proximity to this structure. . We understand the proposed design for this Underpass Archway calls for a structure approximately 250' long, 15'high and from 35 to 40'wide that•will include the stream-bed, animal passage, and pedestrian walkway that opens at the south end immediately adjacent to the Bearpath community. Our concerns are as follows: 1. We feel the secluded location of this underpass and its huge size would be an inducement for unsupervised partying and vandalism. Because of its location of not being near any public road, it is not readily accessible for emergency vehicles or law enforcement. 2. Residents in Chanhassen and Eden Prairie have also expressed security concerns over even using a public trail that includes a 250'tunnel and is so remote from law enforcement and maintenance capabilities. 3. We also would question the feasibility of deer being attracted to a 250'tunnel to cross to the other side of the highway that has a pedestrian crossing included in the design. While it may be the most economical solution to attempt to funnel water, animals and people through one massive underground archway, we believe serious issues will arise if this design approach is accepted. We recommend that the Municipal Consent for TH312/212 include the following design criteria: A. Reduce the size of the Underpass Archway by using a similar structure as is currently being used on TH5 near Mitchell Lake to handle the creek bed and animal crossings. B. Require a pedestrian Overpass at a revised location just west of the creek bed along the Eden Prairie—Chanhassen border. This would be a win-win for both Eden Prairie and Chanhassen residents that also desire a road crossing location for their community. This would greatly reduce security concerns that are present at the Riley Creek location. C. Request that MNDOT fund the cost of this overpass on the Eden Prairie—Chanhassen border as they have done at the Miller Park Overpass just to the east. We respectfully submit this request on behalf of the Bearpath Homeowners Association and the residents of Eden Prairie. Sincerely, / President I lleowner Horrieowner 7100 Madison Avenue Wesi I Golden ValleB , M N 55427 Phone 7 6 3 - 7 4 6 - S 1 2 11 I L1 x 7 6 3 - 7 4 6 - S 1 2 4 Jan 4, 2004 City of Eden Prairie 8080 Mitchell Road - • Eden Prairie, MN 55343 Attn: I.C. 93-5305 TH 212 Jan 20 Hearing Dear Sirs: Thank you for the notice of the TH212 Hearing Jan 20. I will however be out of town for work on that day. We live at 17109 New Market Drive in Eden Prairie near Miller Park. Our biggest concern about the 212 highway is simply noise reduction and landscaping. We sincerely hope you provide the best noise reduction available and improved landscaping that will keep property values up and our area a desirable place to live as it has been the last 10 years. The area between Eden Prairie Road and Dell Road is a beautiful area with high property values and a great tax base for schools, the city, and county. Please provide the leadership necessary to see to it this area is not diminished by excessive noise or unsightly road transition areas due to lack of landscaping. Thank you for your consideration. Very Truly Yours, Steve &Marlys Kimes • 1 CITY COUNCIL AGENDA I DATE: SECTION: Payment of Claims January 20, 2004 i 1 DEPARTMENT: ITEM DESCRIPTION: ITEM NO.: Management and Budget Payment of Claims M, Sue Kotchevar I Requested Action Move to: Synopsis Checks 126473 - 126892 Wire Transfers 1937- 1940 Background Information Attachments 1 13 City of Eden Prairie Council Check Summary 1/20/2004 Division Amount General 207,078 100 City Manager 93 101 Legislative 40,487 110 City Clerk 745 111 Customer Service 11,804 112 Human Resources 24,724 113 Communication Services 234 114 Benefits&Training 15,992 115 Risk Management 190 116 Facilities 23,792 117 City Center 2,932 130 Assessing 3,612 131 Finance 5,162 132 Social Services 6,387 133 Community Development 290 135 Information Technology 37,728 136 Wireless Communication 27,934 137 Economic Development 253 150 Park Administration 3,780 151 Park Maintenance 9,668 153 Athletic Programs 5,121 154 Community Center 18,167 156 Youth Programs 2,204 158 Senior Center 4,990 159 Recreation Administration 63 160 Adaptive Recreation 596 161 Oak Point Pool 55 162 Arts 582 163 Park Facilities 645 180 Police 18,752 184 Fire 23,396 185 Animal Control 438 186 Inspections 1,997 200 Engineering 1,813 201 Street Maintenance 11,389 202 Street Lighting 220 203 Fleet Services 14,218 300 Heritage Preservation Grants 1,000 310 Fire Fighters Fund 26,634 409 Improvement Bonds 1998A 374 502 Park Development 107 503 Utility Improvement 20,049 506 Improvment Bonds 1996 5,838 509 OP Fund 111,677 511 Construction Fund 2,150 601 Prairie Village Liquor 60,487 602 Den Road Liquor 130,342 603 Prairie View Liquor 88,475 701 Water Fund 47,350 702 Sewer Fund 173,764 703 Storm Drainage Fund 1,582 800 TIF 235,808 803 Escrow Fund 24,016 Report Totals 1,457,178 11 City of Eden Prairie Council Check Register 1/20/2004 Check# Amount Vendor/Explanation Account Description Business Unit 1937 11,023 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 1938 28,331 MINNESOTA DEPT OF REVENUE State Taxes Withheld General Fund 1939 18,838 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund 1940 139,844 WELLS FARGO MINNESOTA N A Employers SS&Medicare General Fund 126473 324 ASPEN WASTE SYSTEMS INC. Waste Disposal Maintenance 126474 66 BERG,JEFFREY Clothing&Uniforms Police 126475 750 BORG,STEVE Prepaid Expenses General Fund 126476 300 CARVER COUNTY SHERIFFS DEPT. Deposits Escrow 126477 194 CASSADY,KEVIN Tuition Reimbursement/School In Service Training 126478 84 CRAGUNS Tuition Reimbursement/School Police 126479 78 ELWELL,JEFF Mileage&Parking Maintenance 126480 1,319 HENNEPIN COUNTY SHERIFFS OFFI Board of Prisoner Police 126481 1,697 INTERNATIONAL CODE COUNCIL Operating Supplies Inspections-Administration 126482 295 ICLINGELHUT HOMES Deposits Escrow 126483 148 LARSON,ALLEN R. Equipment Repair&Maint Police 126484 1,436 METRO SALES INCORPORATED* Other Rentals General 126485 69 MINNESOTA COUNTY ATTORNEYS ASS Printing Police 126486 355 MINNESOTA GREEN EXPO Conference Expense Parks Administration 126487 49 MORROW,LYNN Clothing&Uniforms Police 126488 40 MSANI Tuition Reimbursement/School Police 126489 394 OLD LOG THEATER Special Event Fees Adult Program 126490 500 RAMSEY COUNTY SHERIFF Canine Supplies Police 126491 163 ROHDE,ANDREW Clothing&Uniforms Police 126492 550 SAATZER MGMT GROUP Deposits Escrow 126493 275 SCHLOSSMACHER,JIM Clothing&Uniforms Police 126494 75 SEARS COMMERCIAL ONE Capital Under$2,000 Police City Center 126495 21 SIMON,ANDREA Miscellaneous Human Resources 126496 7,076 SQUARE CUT Other Assets Fire Station#1 126497 16 STATE OF MINNESOTA Operating Supplies Fleet Services 126498 600 SUNSHINE TRAVEL COMPANY Special Event Fees Adult Program 126499 264 TAURUS PROPERTIES Deposits Escrow 126500 374 U S BANK Paying Agent Improvement Bonds 1998A 126503 7,182 BELLBOY CORPORATION Liquor Den Road Liquor Store 126504 3,605 DAY DISTRIBUTING Beer Prairie Village Liquor Store 126505 1,945 EAGLE WINE COMPANY Wine Domestic Prairie Village Liquor Store 126506 7,367 EAST SIDE BEVERAGE COMPANY Beer Prairie View Liquor Store 126507 283 FINE WINES FROM EUROPE Wine Domestic Prairie Village Liquor Store 126508 200 GETT MAN COMPANY Misc Taxable Prairie Village Liquor Store 126509 3,395 GRAPE BEGINNINGS Wine Domestic Den Road Liquor Store 126510 21,214 GRIGGS COOPER&CO Transportation Prairie Village Liquor Store 126512 27,860 JOHNSON BROTHERS LIQUOR CO Transportation Prairie View Liquor Store 126513 4,565 MARK VII Beer Prairie View Liquor Store 126514 130 MASS BAR-MATE CORP Misc Taxable Den Road Liquor Store 126515 710 MIDWEST COCA COLA BOTTLING COM Misc Taxable Prairie View Liquor Store 126516 890 NEW FRANCE WINE COMPANY Wine Domestic Den Road Liquor Store 126517 6,305 PAUS11S&SONS COMPANY Wine Imported Prairie View Liquor Store 126518 12,598 PHILLIPS WINE AND SPIRITS INC Wine Domestic Prairie Village Liquor Store 126519 665 PINNACLE DISTRIBUTING Operating Supplies Prairie View Liquor Store 126520 4,715 PRIOR WINE COMPANY Wine Imported Prairie Village Liquor Store 126521 10,432 QUALITY WINE&SPIRITS CO Wine Domestic Prairie Village Liquor Store 126522 14,455 THORPE DISTRIBUTING Beer Den Road Liquor Store 126523 1,979 WINE COMPANY,THE Wine Domestic Den Road Liquor Store 126524 3,361 WINE MERCHANTS INC Wine Imported Prairie Village Liquor Store 126525 2,296 WORLD CLASS WINES INC Wine Imported Den Road Liquor Store 126528 2,097 ADVANTAGEHEALTH Awards Employee Benefits 126529 90 AMERICAN RED CROSS Conference Expense Parks Administration 126530 115 AMERIF'RIDE LINEN&APPAREL SER Repair&Maint.Supplies Den Road Liquor Store 126531 596 ANCHOR PAPER COMPANY Office Supplies Police 126532 89 ARCTIC GLACIER INC Misc Non-Taxable Den Road Liquor Store 126533 22 BASILE,JULIE Program Fee Special Events&Trips 126534 315 BCA/FORENSIC SCIENCE LABORATOR Tuition Reimbursement/School Police 126535 200 CARVER COUNTY SHERIFFS DEPT. Deposits Escrow 126536 173 CENTERPOINT ENERGY Gas Crestwood Park 126537 118 CHOICE INC Other Contracted Services Prairie Village Liquor Store 126538 225 COMMISSIONER OF TRANSPORTATION Conference Expense Engineering 126539 216 COMMUNITY HEALTH CHARITIES United Way Withheld General Fund 126540 28 CULLIGAN-METRO Operating Supplies Outdoor Center 126541 61 DE LAGE LANDEN FINANCIAL SERVI Office Supplies General 113 Check# Amount Vendor/Explanation Account Description Business Unit 126542 205 DIETZ,EUGENE Dues&Subscriptions In Service Training 126543 13 DIGGERS PRIOR LAKE POLARIS Equipment Repair&Maint Park Maintenance 126544 60 EDINA SCHOOLS Conference Expense Parks Administration 126545 160 EGAN OIL COMPANY Lubricants&Additives Fleet Services 126546 75 FDSOA Dues&Subscriptions Fire 126547 175 FIREHOUSE MAGAZINE Dues&Subscriptions Fire 126548 336 GREATAMERICA LEASING CORP. Other Rentals General 126549 34 GRINNELL FIRE PROTECTION Cash Over/Short General Fund 126550 13 HARRIS FIRE PROTECTION Cash Over/Short General Fund 126551 300 HENNEPIN TECHNICAL COLLEGE Other Rentals Police 126552 43 HIRSHFIELD'S Operating Supplies Park Maintenance 126553 163 IND SCHOOL DIST 272 . Gym Rental Wheelchair Basketball 126554 1,650 INTERNATIONAL UNION OF OPERATI Union Dues Withheld General Fund 126555 50 IPMA MINNESOTA Conference Expense Human Resources 126556 163 J MARCEL ENTERPRISES Clothing&Uniforms Police 126557 23 JASKULKE,PENNY Program Fee Athletics 126558 53 KALKES,JAYNA Employee Award Human Resources 126559 337 KINKO'S Operating Supplies Therapeutic Recreation 126560 59 }CRESS,CARLA Mileage&Parking Senior Center Administration 126561 80 LAVONE,PAT Other Contracted Services Adult Program 126562 35 MCICAY,IRENE Program Fee Senior Center Program 126563 48 MEDICINE LAKE TOURS Special Event Fees Senior Center Program 126564 95 MEMA ATTN KEN SOUTHORN Dues&Subscriptions Fire 126565 30 MENARDS Operating Supplies Park Maintenance 126566 39 MERLINS ACE HARDWARE Repair&Maint.Supplies Maintenance 126567 15 MFSCB Dues&Subscriptions Fire 126568 2,649 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund 126569 74 MINN ST ADMIN ITG TELECOM SERV Software Maintenance Information Technology 126570 80 MINNESOTA GFOA Dues&Subscriptions Finance 126571 35 MINNESOTA PARK SUPERVISORS ASS Dues&Subscriptions In Service Training 126572 650 MINNESOTA TURF AND GROUNDS FOU Conference Expense Parks Administration 126573 20 MUNICIPALS Dues&Subscriptions In Service Training 126574 3,671 NATIONAL LEAGUE OF CITIES Dues&Subscriptions City Council 126575 249 NCPERS GROUP LIFE INSURANCE Life Insurance EE/ER General Fund 126576 90 OFFICE DEPOT CREDIT PLAN Office Supplies Eurasian Water Millfoil 126577 116 OLYMPIC COMMUNICATIONS Cash Over/Short General Fund 126578 382 PETTY CASH Awards City Manager 126579 323 PITNEY BOWES INC Other Rentals General 126580 402 QWEST Telephone Outdoor Center 126581 34 RADIOSHACK Operating Supplies Police 126582 1,000 ROBERT C VOGEL&ASSOCIATES Other Contracted Services 1999 CLG Grant 126583 200 SCOTT COUNTY SHERIFFS DEPT Deposits Escrow 126584 160 SOCIETY FOR HUMAN RESOURCE MAN Dues&Subscriptions Human Resources 126585 400 SOUTHWEST METRO TRANSIT Other Contracted Services Adult Program 126586 234 UNITED WAY United Way Withheld General Fund 126587 108 WALMART COMMUNITY Operating Supplies Police 126588 105 WINONA COUNTY SHERIFFS DEPART Deposits Escrow 126589 4,313 EDEN PRAIRIE,CITY OF Building Capital Impr./Maint.Fund 126590 28 FEDEX Postage General 126592 1,006 GENUINE PARTS COMPANY Equipment Parts Fleet Services 126593 284 GLENROSE FLORAL AND GIFT SHOPS Deposits Escrow 126594 3,386 HENNEPIN COUNTY TREASURER-TAXP Other Contracted Services Assessing 126595 77 ICMA Dues&Subscriptions City Council 126596 178 LEMPESIS,BILL Mileage&Parking Prairie View Liquor Store 126597 1,325 MANN,RAHMAN Building Repair&Maint. Senior Center 126598 519 MAROTTA,VIC Instructor Service Winter Skill Development 126599 9,889 MCICAY FLOOR COVERING Equipment Repair&Maint Senior Center 126600 611 METRO SALES INCORPORATED* Other Rentals General 126601 3,000 POSTAGE BY PHONE RESERVE ACCOU Office Supplies General 126602 800 PRODOEHL,JERRY Building Repair&Maint. Senior Center 126603 3,231 RELIASTAR LIFE INSURANCE CO Disability Ins Employers General Fund 126604 11,400 RICHFJELD,CITY OF Dues&Subscriptions City Council 126605 240 RONNING,EILEEN Operating Supplies Senior Center Program 126606 86 RUMFORD,JOAN Office Supplies Senior Center Administration 126607 28 SECRETARY OF STATE Operating Supplies Community Development 126608 63 STEWART-HESTER,RENEE Other Contracted Services Recreation Administration 126609 132 STOVER,DAWN Lessons&Classes Pool Lessons 126610 1,400 TOTAL REGISTER Equipment Repair&Maint Den Road Liquor Store 126611 29 UNIVERSITY OF MINNESOTA Operating Supplies Street Maintenance 126612 375 'VER1ZON DIRECTORIES CORP Advertising Prairie View Liquor Store 126613 67 W GORDON SMITH COMPANY,THE Office Supplies Water Utility-General 126614 46 WEIDENFELLER,GIN Instructor Service Preschool Events ii 6 Check# Amount Vendor!Explanation Account Description Business Unit 126615 125 WILS Conference Expense Parks Administration 126616 64 ACE ICE COMPANY Misc Non-Taxable Prairie View Liquor Store 126617 105 AMERIPRIDE LINEN&APPAREL SER Repair&Maint Supplies Den Road Liquor Store 126618 138 ARCTIC GLACIER INC Misc Non-Taxable Prairie Village Liquor Store 126619 6,167 BELLBOY CORPORATION Operating Supplies Prairie Village Liquor Store 126620 3,942 DAY DISTRIBUTING Beer Prairie View Liquor Store 126621 2,344 EAGLE WINE COMPANY Wine Domestic Prairie View Liquor Store 126622 9,883 EAST SIDE BEVERAGE COMPANY Beer Den Road Liquor Store 126623 481 GRAPE BEGINNINGS Wine Domestic Den Road Liquor Store 126624 10,190 GRIGGS COOPER&CO Liquor Den Road Liquor Store 126625 179 HOHENSTEINS INC Beer Prairie Village Liquor Store 126626 22,596 JOHNSON BROTHERS LIQUOR CO Transportation Prairie View Liquor Store 126627 10,721 MARK VII Misc Non-Taxable Prairie View Liquor Store 126628 478 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store 126629 123 PACIFIC DIRECT Misc Taxable Den Road Liquor Store 126630 3,170 PAUSTIS&SONS COMPANY Wine Imported Prairie Village Liquor Store 126631 12,321 PHILLIPS WINE AND SPIRITS INC Wine Domestic Den Road Liquor Store 126632 428 PINNACLE DISTRIBUTING Transportation Den Road Liquor Store 126633 3,771 PRIOR WINE COMPANY Wine Imported Den Road Liquor Store 126634 10,346 QUALITY WINE&SPIRITS CO Transportation Den Road Liquor Store 126635 9,157 THORPE DISTRIBUTING Beer Den Road Liquor Store 126636 1,046 WINE COMPANY,THE Wine Domestic Den Road Liquor Store 126637 966 WINE MERCHANTS INC Wine Domestic Prairie View Liquor Store 126638 1,120 WORLD CLASS WINES INC Wine Imported Prairie Village Liquor Store 126639 787 CHANHASSEN BUMPER TO BUMPER Equipment Parts Fleet Services 126640 140 CIRCADIAN INFORMATION Operating Supplies Water Treatment Plant 126641 1,887 GENUINE PARTS COMPANY Repair&Maint.Supplies Sewer System Maintenance 126642 54 IMATION IMAX THEATRE Special Event Fees Adult Program 126643 1,560 ITRON INC. Other Contracted Services Water Meter Reading 126644 5,704 KMC TELECOM HOLDINGS INC. Telephone Telephone 126645 126 KRAEMERS HARDWARE INC Repair&Maint Supplies Sewer Liftstation 126647 40 MINNESOTA DEPT OF AGRICULTURE Other Contracted Services Lime Sludge 126648 46 MINNESOTA POLLUTION CONTROL AG Licenses&Taxes Sewer Utility-General 126649 28 MINNESOTA VALLEY ELECTRIC COOP Electric Sewer Liftstation 126650 2,364 MRPA Dues&Subscriptions In Service Training 126651 12,000 MUNICIPAL LEGISLATIVE COM/ABS' Dues&Subscriptions City Council 126652 325 MUSIC IN THE PARK Operating Supplies Senior Center Program 126653 2,223 QWEST Telephone Sewer Utility-General 126654 60 SOCIETY OF WETLAND SCIENTISTS Dues&Subscriptions Environmental Education 126655 2,756 SOUTHWEST SUBURBAN CABLE COMMI Dues&Subscriptions City Council 126656 714 THOMPSON,RANDY Tuition Reimbursement/School In Service Training 126657 990 UNIVERSITY OF MINNESOTA Conference Expense Engineering 126658 170 XCEL ENERGY Electric Traffic Signals 126659 41 ARNOLD,JANINE Lessons&Classes Oak Point Lessons 126660 166 ASPEN WASTE SYSTEMS INC. Waste Disposal Den Road Liquor Store 126661 1,394 AVALON EQUIPMENT CORP Other Assets Wireless Communication 126662 56 BARTEL,JOANNE Program Fee Senior Center Program 126663 220 BILCIK,MR Outside Water Sales Water Enterprise Fund 126664 194 CAPLAN,ALAN Outside Water Sales Water Enterprise Fund 126665 1,710 DEPARTMENT OF PUBLIC SAFETY Software Maintenance Information Technology 126666 173 DMX/MINNEAPOLIS Other Contracted Services Prairie Village Liquor Store 126667 75 FELHABER,LARSON,FENLON&VOG Conference Expense Human Resources 126668 44 FRISCH,BEN Lessons&Classes Pool Lessons 126669 40 HWANG,STEPHEN Program Fee Senior Center Program 126670 40 JASKULICE,PENNY Program Fee Senior Centex Program 126671 5 LEE,JAMES Open Fees Raquetball 126672 12 MERLINS ACE HARDWARE Repair&Maint.Supplies Maintenance 126673 57 METRO SALES INCORPORATED* Office Supplies General 126674 2,216 1VDDTRONICS,INC Other Assets Wireless Communication 126675 195 MINNESOTA BUREAU OF CRIMINAL A Employment Support Test Human Resources 126676 5,000 MINNESOTA MUNICIPAL BEVERAGE A Dues&Subscriptions Prairie View Liquor Store 126677 5,082 NORTHSHORE ADVISORS LLC Audit&Financial Finance 126678 55 OLSEN COMPANIES Repair&Maint Supplies Sewer System Maintenance 126679 908 OSI BATTERIES INC Equipment Parts Fleet Services 126680 168 QWEST Telephone Prairie Village Liquor Store 126681 442 RUE,RODNEY Mileage&Parking Engineering 126682 328 ARAMARK SERVICES INC Operating Supplies Fire 126683 1,201 ARCH PAGING Pager&Cell Phone Wireless Communication 126684 89 AT&T Pager&Cell Phone Police 126685 65 BAGS&BOWS Misc Taxable Den Road Liquor Store 126686 2,990 BALANCED SCORECARD COLLABORATI Conference Expense Human Resources 126687 10,000 CENTER FOR LEADERSHIP STUDIES, Other Contracted Services In Service Training I 1.- Check# Amount Vendor/Explanation Account Description Business Unit 126688 7,830 CENTERPOINT ENEGY Gas Fire Station#1 126689 1,117 CLASSIC GYMNASTICS Instructor Service Winter Skill Development 126690 150 COMMISSIONER OF TRANSPORTATION Conference Expense Engineering 126691 60 CONLEY,JOYCE Travel Expense Police 126692 185 CUB FOODS EDEN PRAIRIE Operating Supplies Fire 126693 78 CULLIGAN BOTTLED WATER Operating Supplies Fire 126694 28 CULLIGAN-METRO Operating Supplies Outdoor Center 126695 20,980 CURB MASTERS INC Improvements to Land Capital Impr./Maint.Fund 126696 562 DIVDC/MINNEAPOLIS Other Contracted Services Prairie View Liquor Store 126697 325 FBINAA Tuition Reimbursement/School Police 126698 15,406 FOX LAWSON&ASSOCIATES Other Contracted Services Human Resources 126699 21,727 HENNEPIN COUNTY Deposits Escrow 126700 263 HENNEPIN COUNTY TREASURER Operating Supplies Community Development 126701 3,284 HENNEPIN COUNTY TREASURER Board of Prisoner Police 126702 5,591 HENNEPIN SOUTH SERVICES COLLAB Other Contracted Services Housing,Trans,&Human Sery 126703 8,742 HENNEPIN TECHNICAL COLLEGE Tuition Reimbursement/School Fire 126704 751 HR COMPLY Dues&Subscriptions Human Resources 126705 2,500 JAMES R HILL INC Other Contracted Services Planning&Development 126706 35 ICAMHOLZ,PEG Program Fee Senior Center Program 126707 23 ICRAEMERS HARDWARE INC Equipment Repair&Maint Park Maintenance 126708 150 KURT,KAREN Employment Advertising Human Resources 126709 335 LARSON,CHRISTINA Tuition Reimbursement/School In Service Training 126710 277 M LEE SMITH PUBLISHERS LLC Dues&Subscriptions Human Resources 126711 90 MACA Dues&Subscriptions Animal Control 126712 796 MEALS ON WHEELS Other Contracted Services Housing,Trans,&Human Sery 126713 75 MINNESOTA CHIEFS OF POLICE ASS Dues&Subscriptions Police 126714 165 MJOA Tuition Reimbursement/School Police 126715 1,408 MRPA Special Event Fees Volleyball 126716 25 NATTA Dues&Subscriptions Police 126717 10,964 NOKOMIS SHOE SHOP Clothing&Uniforms Sewer Utility-General 126718 3,418 OLYMPIC HILLS GOLF CLUB Employee Award Human Resources 126719 151 PAGING&WIRELESS SERVICE CENT Equipment Repair&Maint Wireless Communication 126720 95 PETTY CASH-EPCC Mileage&Parking Community Center Admin 126721 262 PETTY CASH-POLICE DEPT Operating Supplies Police 126722 264 PUBLIC SAFETY PRINTING SERVICE Printing Police 126723 29 SATL JENNIFER S,RPR,CRR Other Contracted Services Police 126724 14 SIEBURG,PHILIP Outside Water Sales Water Enterprise Fund 126725 25 SOCIAL SECURITY ADMINISTRATION Operating Supplies Police 126726 28 STAR TRIBUNE Dues&Subscriptions In Service Training 126727 477 TARGET CENTER Special Event Fees Preschool Events 126728 9 UPS Postage General 126729 95 VIK,LISA Operating Supplies Police 126730 2,150 XCEL ENERGY Improvement Contracts Charlson Area Construction 126731 3,200 3M XAZ5340 Operating Supplies Fire 126732 2,240 AAA STRIPING SERVICE CO Contracted Striping Traffic Signs 126733 542 AIM ELECTRONICS Repair&Maint Supplies Ice Arena 126734 17 AIRLINK COMMUNICATIONS INC Computers Capital Impr./Maint.Fund 126735 40 ALPHA VIDEO& AUDIO INC Video&Photo Supplies Communication Services 126736 52 AMERICAN WATER WORKS ASSOCIATI Training Supplies Water Utility-General 126737 1,299 ANCHOR PRINTING COMPANY Printing Senior Center Administration 126738 1,008 ANCOM COMMUNICATIONS INC Equipment Repair&Maint Wireless Communication 126739 704 ARAMARK SERVICES INC Miscellaneous City Council 126740 1,742 ASPEN EQUIPMENT CO. Equipment Parts Fleet Services 126741 10,441 ASSOCIATION OF METROPOLITAN MU Dues&Subscriptions City Council 126742 2,170 AUDIOVISUAL INC Equipment Repair&Maint Information Technology 126743 202 AUTO ELECTRIC SPECIALISTS Equipment Parts Fleet Services 126744 120 AUTOMATED ENTRANCE PRODUCTS IN Building Repair&Maint. Den Road Liquor Store 126745 1,434 BECKER ARENA PRODUCTS INC Repair&Maint.Supplies Ice Arena 126746 83 BERTELSON OFFICE PLUS Office Supplies Water Utility-General 126747 4,020 BLOOMINGTON SECURITY SOLUTIONS Equipment Repair&Maint Fleet Services 126748 132 BLOOMINGTON,CITY OF Other Contracted Services Park Maintenance 126749 236 BORDER STATES ELECTRIC SUPPLY Building Repair&Maint Park Maintenance 126750 480 BOYER TRUCKS SO.ST.PAUL Equipment Parts Fleet Services 126751 360 BROWN,PAUL Other Contracted Services Park Facilities 126752 950 CAMPBELL,IAN Other Contracted Services Adult Open Gym 126753 26,634 CARDIAC SCIENCE INC Other Assets Fire Fighters Fund 126754 1,600 CARTEGRAPH SYSTEMS INC Software Maintenance Information Technology 126755 95 CATCO CLUTCH&TRANSMISSION SE Equipment Parts Fleet Services 126756 1,194 CENTRAIRE INC Building Repair&Maint. Fire Station#5 126757 587 anbs EDGE Equipment Parts Sewer System Maintenance 126758 600 CLAREYS INC Tuition Reimbursement/School Fire 126759 686 CONCRETE CUTTING&CORING INC Operating Supplies Street Maintenance Check# Amount Vendor/Explanation Account Description Business Unit 126760 777 CONNEY SAFETY PRODUCTS Protective Clothina,, Water Treatment Plant 126761 153 CONTECH CONSTRUCTION PRODUCTS Repair&Maint Supplies Storm Drainage 126762 1,386 CORPORATE EXPRESS Office Supplies General 126763 47 CUMMINS NPOWER LLC Equipment Parts Fleet Services 126764 3,464 CUTLER-MAGNER COMPANY Chemicals Water Treatment Plant 126765 282 CY'S UNIFORMS Clothing&Uniforms Police 126766 650 DALCO ROOFING&SHEET METAL IN Repair&Maint Supplies Ice Arena 126767 2,948 DELL MARKETING L.P. Other Hardware Information Technology 126768 101 DIGI-KEY Operating Supplies Wireless Communication 126769 112 DISPLAY SALES Equipment Repair&Maint Public Works/Parks 126770 159 DIVERSIFIED OPTICAL PRODUCTS, Repair&Maint.Supplies Fire 126771 675 DNR SCREEN PRINTING INC Clothing&Uniforms Community Center Admin 126772 300 DRAMATISTS PLAY SERVICE INC Other Contracted Services Winter Theatre 126773 9,592 DRT TRANSPORT Other Contracted Services Lime Sludge 126774 65 E&S ELECTRONICS Other Contracted Services Communication Services 126775 804 EARL F ANDERSEN INC Building Materials Park Acquisition&Development 126776 59 ECOLAB INC Other Contracted Services Cummins Grill 126777 11,665 EF JOHNSON Operating Supplies Wireless Communication 126778 3,443 EMERGENCY APPARATUS MAJNTENANC Equipment Repair&Maint Fire 126779 1,034 EMERGENCY AUTOMOTIVE TECHNOLOG Capital Under$2,000 Fleet Services 126780 15,455 EMERGITECH,INC. Software Maintenance Information Technology 126781 250 ERDAHL AERIAL PHOTOS Other Contracted Services Economic Development 126782 2,411 ESCHELON TELECOM INC Equipment Repair&Maint Telephone 126783 1,242 ESRI Software Maintenance Capital Impr./Maint.Fund 126784 1,129 ESS BROTHERS&SONS INC* Repair&Maint.Supplies Storm Drainage 126785 24,515 FACILITY SYSTEMS INC Other Contracted Services General Facilities 126786 938 FERRELLGAS Motor Fuels Ice Arena 126787 19 FIKES HYGIENE SERVICES Operating Supplies Prairie View Liquor Store 126788 1,306 G&K SERVICES-MPLS INDUSTRIAL Clothing&Uniforms Water Utility-General 126789 235,808 GENERAL GROWTH PROPERTIES INC TIF Payment EP Shopping Center 126790 357 GRAFIX SHOPPE Equipment Parts Fleet Services 126791 558 GRANGER Equipment Parts Fleet Services 126792 3,809 HACH COMPANY Operating Supplies Water System Maintenance 126793 150 HALDEMANN HOMME INC Printing Assessing 126794 207 HARMON AUTOGLASS Equipment Parts Fleet Services 126795 1,571 HAWICINS WATER TREATMENT GROUP Chemicals Water Treatment Plant 126796 3,013 HENNEPIN TECHNICAL COLLEGE Operating Supplies Senior Center Program 126797 330 HENRY,PAUL Other Contracted Services Broomball 126798 150 HIGLEY,STEVE Other Contracted Services Basketball 126799 55 HIRSHF1ELD'S Repair&Maint.Supplies Senior Center 126800 196 HUFFMAN,JIM Other Contracted Services Storm Drainage 126801 1,220 ICERINK SUPPLY CO Repair&Maint.Supplies Ice Arena 126802 1,196 ICI DULUX PAINT CTRS Repair&Maint.Supplies Water Treatment Plant 126803 2,464 IND SCHOOL DIST 272 Gym Rental Adult Open Gym 126804 18,217 INSIGHT PUBLIC SECTOR Miscellaneous Information Technology 126805 45 ISAACSON,MARCIA Other Contracted Services Adult Open Gym 126806 517 J H LARSON ELECTRICAL COMPANY Operating Supplies Street Lighting •126807 2,236 JANEX INC Cleaning Supplies General Facilities 126808 609 JM OIL CO Lubricants&Additives Water Treatment Plant 126809 285 JOHNSON,ICAMARA Other Contracted Services Park Facilities 126810 5,838 KILLMER ELECTRIC CO INC Improvement Contracts Improvement Projects 1996 126811 83 KOSS PAINT COMPANY INC Repair&Maint.Supplies Park Maintenance 126812 813 LAB SAFETY SUPPLY INC Repair&Maint.Supplies Ice Arena 126813 100 LAKE COUNTRY DOOR Building Repair&Maint. City Center Operations 126814 66 LANDS END CORPORATE SALES Clothing&Uniforms Police 126815 920 LANO EQUIPMENT INC Equipment Parts Fleet Services 126816 6,200 LDV Equipment Repair&Maint Wireless Communication 126817 217 LEROY JOB TRUCKING INC Other Contracted Services Animal Control 126818 1,276 MAGID GLOVE&SAFETY MPG CO LL Small Tools Fire 126819 500 MARTIN-MCALLISTER Employment Support Test Human Resources 126820 766 MAXI-PRINT INC Printing Police 126821 575 MAXIMUM SOLUTIONS INC Software Maintenance Information Technology 126822 17,548 McFARLAND CONSTRUCTION COMPANY Leasehold Improvements Prairie View Liquor Store 126823 1,157 MCNE1LUS STEEL INC Repair&Maint.Supplies Sewer System Maintenance 126825 1,013 MENARDS Equipment Parts Fleet Services 126826 16 METRO FIRE Protective Clothing Fire 126827 600 METROPOLITAN AIRPORTS COM/A:BSI Other Rentals Flying Cloud Fields 126828 167,358 METROPOLITAN COUNCIL ENVIRONME Waste Disposal Sewer Utility-General 126829 113 METROPOLITAN FORD Equipment Repair&Maint Fleet Services 126830 274 METROPOLITAN MECHANICAL Repair&Maint Supplies Ice Arena 126831 1,389 MILLER DUNWIDDIE Building Capital ling./Maint Fund 126832 114 MINNESOTA CONWAY Operating Supplies Fire 1 Ici Check# Amount Vendor!Explanation Account Description Business Unit 126833 373 MINNESOTA HORSE&HUNT CLUB Other Rentals Police 126834 148 MINNETONKA GLASS&MIRROR Repair&Maint.Supplies Maintenance 126835 202 NATIONAL CAMERA EXCHANGE&VID Video&Photo Supplies Fire 126836 679 NATIONWIDE ADVERTISING SERVICE Employment Advertising Human Resources 126837 56 NORTHERN TOOL&EQUIPMENT CO. Repair&Maint Supplies Water System Maintenance 126838 122 NORTHWEST RESPIRATORY SERVICE Safety Supplies Fire 126839 5 OLSEN COMPANIES Operating Supplies Street Maintenance 126840 210 PAIN ENTERPRISES INC. Repair&Maint.Supplies Ice Arena 126841 51,238 PARKOS CONSTRUCTION COMPANY Building Capital Impr./Maint Fund 126842 990 PEPSI COLA COMPANY Merchandise for Resale Concessions 126843 38 PETSMART Canine Supplies Police 126844 133 POWERPLAN Equipment Parts Fleet Services 126845 3,797 PRAIRIE ELECTRIC COMPANY Building Repair&Maint. Public Works/Parks 126846 346 PRAIRIE OFFSET PRINTING Printing Street Maintenance 126847 77 PRECISION BUSINESS SYSTEMS INC Office Supplies Water Utility-General 126848 1,145 PUBLIC SAFETY EQUIPMENT CO Equipment Repair&Maint Police 126849 72 RAY ALLEN MANUFACTURING CO INC Canine Supplies Police 126850 1,400 R1CMAR INDUSTRIES Repair&Maint.Supplies City Center Operations 126851 190 RIDGE VIEW BUSINESS HEALTH Other Contracted Services Risk Management 126852 134 RIGID HITCH INCORPORATED Equipment Parts Fleet Services 126853 14,909 RMR SYSTEMS INC Other Contracted Services Utility Improvement Fund 126854 434 RUFFRIDGE JOHNSON EQUIPMENT CO Equipment Parts Fleet Services 126855 67 RUSSELL&MILLER INC Operating Supplies Den Road Liquor Store 126856 291 S H BARTLETT CO INC Repair&Maint.Supplies Ice Arena 126857 61 SBC PAGING Pager&Cell Phone Sewer Liftstation 126858 52 SCHARBER&SONS Equipment Parts Fleet Services 126859 459 SHERWIN WILLIAMS Operating Supplies Senior Center Operations 126860 64 SHERWIN WILLIAMS CO Repair&Maint.Supplies Senior Center 126861 72 SHRED-IT Waste Disposal City Center Operations 126862 71 SMITH&'WESSON ACADEMY Equipment Repair&Maint Police 126863 100 SNAP-ON TOOLS Small Tools Fleet Services 126864 1,874 SNELL MECHANICAL INC Repair&Maint.Supplies Ice Arena 126865 1,598 SOFTWARE HOUSE INTERNATIONAL I Software Information Technology 126866 1,289 SOUTHWEST LOCK&KEY Repair&Maint.Supplies Ice Arena 126867 820 SOUTHWEST SUBURBAN PUBLISHING- Advertising Prairie View Liquor Store 126868 630 STEMPF AUTOMOTIVE INDUSTRIES I Equipment Parts Fleet Services 126869 5,304 STREICHERS Operating Supplies Wireless Communication 126870 423 SUBURBAN CHEVROLET GEO Equipment Parts Fleet Services 126871 15,073 SUMMIT ENVIROSOLUTIONS Other Contracted Services Utility Improvement Fund 126872 152 SUN NEWSPAPERS Legal Notices Publishing City Clerk 126873 521 SUNSOURCE Equipment Parts Fleet Services 126874 290 SWEDLUNDS Waste Disposal Outdoor Center 126875 451 SYSTEM CONTROL SERVICES Other Contracted Services Water Treatment Plant 126876 75 TACTICAL&SURVIVAL SPECIALTIE Protective Clothing Police 126877 2,963 TESSCO Equipment Parts Wireless Communication 126878 1,366 THYSSENKRUPP ELEVATOR Repair&Maint.Supplies Maintenance 126879 1,455 TRAUT WELLS Other Contracted Services Water Well#3 126880 106 TWIN CITY OXYGEN CO Lubricants&Additives Fleet Services 126881 606 UNIFORMS UNLIMITED Clothing&Uniforms Fire 126882 3,041 UNLIMITED SUPPLIES INC Equipment Parts Fleet Services 126883 670 UPPER MIDWEST COMMUNITY POLICI Tuition Reimbursement/School Police 126884 320 VESSCO INC Equipment Parts Water Treatment Plant 126885 692 VIDEO SERVICE OF AMERICA Video&Photo Supplies Police 126886 2,154 WATER SPECIALTY OF MN INC Chemicals Pool Maintenance 126887 3,219 WATSON CO INC,THE Merchandise for Resale Concessions 126888 392 WESTSIDE EQUIPMENT Equipment Repair&Maint Fleet Services 126889 5,188 WM MUELLER AND SONS INC Sand Snow&Ice Control 126890 57 WOLF CAMERA Video&Photo Supplies Assessing 126891 1,080 YOCUM OIL COMPANY INC Motor Fuels Water Treatment Plant 126892 135 ZEE MEDICAL SERVICE Safety Supplies Community Center Admin 1,457,178 Grand Total Iao CITY COUNCIL AGENDA DATE: 01/20/04 SECTION: Ordinances and Resolutions DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Office of City Manager//Planning Scott H. Neal Hennepin Village Site A Rezoning ir . A . Michael D. Franzen Requested Action Move to: • Approve 2nd Reading of the Ordinance for PUD District Review and Zoning District Change from R1-9.5 to RM-6.5 with waivers on 2.55 acres, Zoning; and • Adopt the Resolution for Site Plan Review on 42.55 acres; and • Approve the Supplement to Developer Agreement for Hennepin Village Site A; and • Approve and Authorize Issuance of a Grading Permit for Hennepin Village Site A, subject to release by the City Engineer upon determination that the final contract documents conform to plans dated November 7, 2003, as approved by the City Council. Synopsis This is an amendment to the planned development and rezoning of 33 R1-9.5 single family lots to RM-6.5. Included in the packet are letters Ryland Homes sent to current and pending single family homeowners dated December 22, 2003. Attachments 1. Ordinance for PUD District Review and Zoning District Amendment 2. Resolution for Site Plan Review 3. Development Agreement 4. Letters to current and pending homeowners. ia) HENNEPIN VILLAGE SITE A REZONING CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 2-2004-PUD-2-2004 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 R1-9.5 Zoning District and be placed in the Planned Unit Development RM-6.5 Zoning District 2-2004-PUD-2-2004(hereinafter"PUD-2-2004-RM-6.5"). Section 3. The land shall be subject to the tenns and conditions of that certain Developer's Agreement dated as of January 20, 2004, entered into between Hennepin Village Limited Partnership, and the City of Eden Prairie, (hereinafter "Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD-2-2004-RM-6.5, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-2-2004-RM-6.5 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-2-2004-RM-6.5 is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-2-2004-RM-6.5 are justified by the design of the development described therein. D. P'UD-2-2004-RM-6.5 is of sufficient size, composition, and arrangement that its construction, marketing, and operation are feasible as a complete unit without dependence upon any subsequent unit. Section 5. The proposal is hereby adopted and the land shall be, and hereby is removed from the R!-9.5 Zoning District, and placed in the RM-6.5 Zoning District and shall be included hereafter in the Planned Unit Development PUD-2-2004-RM-6.5 and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 2nd day of December, 2003, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the 20th day of - January, 2004. ATTEST: Kathleen A. Porta, City Clerk Nancy Tyra-Lukens,Mayor PUBLISHED in the Eden Prairie Sun Current on . ra3 EXHIBIT A PUD Legal Description — Hennepin Village Site A Rezoning Lots 1-6 and Lots 17-22, Block 2 and Lots 1-21, Block 3,Hennepin Village ) Li HENNEPIN VILLAGE SITE A REZONING CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO. 2-2004-PUD-2-2004 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA, ORDAINS: Summary: This ordinance allows rezoning of land located north of Highway 212, west o f S pring Road from the R 1-9.5 Zoning District to the R M-6.5 Zoning District on 2.55 acres. 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.) HENNEPIN VILLAGE SITE A REZONING CITY OF EDEN PRAIRIE HENNEPIN COUNTY, IVIINNESOTA RESOLUTION NO. 2004- A RESOLUTION GRANTING SITE PLAN APPROVAL FOR HENNEPIN VILLAGE SITE A REZONING BY HENNEPIN VILLAGE LIMITED PARTNERSHIP WHEREAS, Hennepin Village Limited Partnership, has applied for Site Plan approval of Hennepin Village Site A Rezoning to rezone 2.55 acres from single family to multiple family for 33 townhouse units,by an Ordinance approved by the City Council on January 20, 2004; and WHEREAS„ the Community Planning Board did conduct a public hearing on November 10, 2003 on Hennepin Village Site A Rezoning by Pemtom Land Company and made its recommendation to the City Council; and WHEREAS, the City Council has reviewed said application at a public hearing at its December 2, 2003meeting. NOW,T HEREFORE,BEITH EREBY RESOLVED B Y T HE C ITY C OUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval be granted to Hennepin Village Limited Partnership based on the developer agreement between Hennepin Village Limited Partnership and the City of Eden Prairie, reviewed and approved by the City Council on January 20, 2004. ADOPTED by the City Council of the City of Eden Prairie this 20th day of January, 2004. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen A. Porta, City Clerk I ac SUPPLEMENT TO DEVELOPMENT AGREEMENT SITE A-HENNEPIN VILLAGE THIS SUPPLEMENT TO AGREEMENT, made and entered into as of January 20, 2004, by HENNEPIN VILLAGE LIMITED PARTNERSHIP,a Minnesota limited partnership,hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation,hereinafter referred to as "City"; WHEREAS, Developer has applied for Planned Unit Development Concept Amendment on 30.5 acres, Planned Unit Development District Review on 30.5 acres,Zoning District Change from R1-9.5 to RM-6.5 on 2.55 acres, and Site Plan Review on 2.55 acres, Exhibit A, the"Amended Property"); WHEREAS, the parties desire to amend the Development Agreement between HENNEPIN VILLAGE LIMITED PARTNERSHIP, a Minnesota limited partnership, and the City o f E den Prairie for HENNEPIN VILLAGE,dated February 9,2002(hereinafter the"Development Agreement)for that portion of the Property legally described in Exhibit A, attached hereto and made a part hereof, and depicted as the "Amended Area" in the Plans, identified in Exhibit B. NOW, THEREFORE, in consideration of the City adopting Resolution No.2003-171 for Planned Unit Development Concept Review,Ordinance 2-2004-PUD-2-2004 for Planned Unit Development District Review and Zoning District Change from R1-9.5 to RM-6.5,and Resolution No. for Site Plan Review,Developer agrees to develop the Property as amended as follows: 1. "Developer shall develop the Amended Area of the Property in conformance with the materials revised and stamp dated November7,2003,reviewed and approved by the City Council on December 2,2003,and attached hereto as the Plans and identified in Exhibit B. j • 2.. PUD WAIVERS GRANTED: The City hereby grants the following waivers to City Code requirements within the RM- 6.5 through the Planned Unit Development District Review for Site A and incorporates said waivers as part of PUD-2-2004-RM-6.5. RM-6.5 Zoning District • Lot depth from 100 feet to 90 feet. • Front yard setback from 30 feet to 10 feet. • Rear yard setback from 20 feet to 10 feet. • Side yard setback from 10 feet minimum to 0 feet on one side. • Side yard setback from 10 feet minimum to 7 feet on one side. 3. Developer agrees to and reaffirms all of the terms and conditions and accepts the obligations of"Developer"under the Development Agreement except as inconsistent with or amended by this Supplement. /Qc' Hennepin Village Limited Partnership CITY OF EDEN PRAIRIE a Minnesota limited partnership By: The Pemtom Land Company, a Minnesota corporation Its: neral artne Nancy Tyra-Lukens,Mayor By: Its: Scott H. Neal, City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2004,by Nancy Tyra-Lukens and Scott H. Neal, respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this 3/5/day of D.ec.am , 200i, 3 by The Pemtom Land Company, a Minnesota corporation, the General Partner, of Hennepin Village Limited Partnership, a Minnesota limited partnership,by Pahl I /4-1244 S 71 ,its Pr-e S 1 d , on behalf of the partnership. saird Notary P lic MARGARET C. MILLER NOTARY PUBLIC-MINNESOTA MY COMMISSION 0 e.;',..ar',; EXPIRES JAN.31,2005 0 f i --Jo EXHIBIT A LEGAL DESCRIPTION SITE A-HENNEPIN VILLAGE Lots 1-6 and Lots 17-22, Block 2 and Lots 1-21,Block 3,Hennepin Village ra) EXHIBIT B PLANS SITE A-HENNEPIN VILLAGE Hennepin Village Plans Full Sized Plans: • Cover sheet revised site plan dated October 23, 2003,by Westwood Professional Services, Inc. • Proposed Land Use Plan Revised Village Homes dated October 23, 2003,by Westwood Professional Services, Inc. • Revised Site Plan dated October 23, 2003,by Westwood Professional Services, Inc. • Revised Preliminary Grading Plan dated October 23,2003,by Westwood Professional Services, Inc. • Revised Preliminary Utility Plan dated October 23, 2003,by Westwood Professional Services,Inc. • Revised Landscape Plan dated October 23, 2003, by Westwood Professional Services, Inc. Reduced Plans: • Revised Village Home Streetscape color renderings dated October 24, 2003,by Westwood Professional Services,Inc. • Revised Village Home Streetscape-Mixed Use Layout color renderings dated October 24, 2003,by Westwood Professional Services, Inc. • Typical Village Home Collection Layout- Site A color renderings dated October 24, 2003, by Westwood Professional Services,Inc. • Historical Architectural References color renderings dated October 24, 2003,by Westwood Professional Services, Inc. • Village Home Collection color renderings dated October 24, 2003,by Westwood Professional Services, Inc. • Village Home Collection color renderings dated October 24, 2003,by Westwood Professional Services, Inc. • Proposed Land Use Plan color renderings dated October 24, 2003,by Westwood Professional Services, Inc. 7 RYLAND The Ryland Group,Inc. 7600 Executive Drive Eclan Prairie,MN 55344 December 31, 2003 Contractor's Lic#20035443 www.ryland.com Honorable Mayor and City Council Members: I wish to thank you for your support of our requests to add home designs in Hennepin Village that are responsive to more diverse lifestyles. At the Council meeting of December 2, 2003, I told you we had informed buyers of the single family homes, at the time of their Purchase Agreement, that a change to allow an additional home design in Hennepin Village was pending before the City. I also indicated one homebuyer had a specific reference to the requested change included in his Purchase Agreement. The Council asked, in their motion approving the addition of a single level home to Summit Oaks,that"prior to second reading, the proponent shall provide written evidence to the City Staff that homeowners who already purchased single family homes have been advised of the change from single family to multi-family homes." In addition to having made all buyers aware of the pending change since application to the City on October 24, 2003, and subsequent to the December 2 'Council meeting, we have sent a certified letter to every single family home buyer and home owner in Summit Oaks informing them of the pending change. Enclosed with the certified letter was a map showing the single-level home lots, and a sketch of the possible streetscape. Copies of all of these certified letters have been given to the City Staff, and I am attaching a copy of the letter for the Council. We are also allowing homebuyers to rescind if they wish, even though this is not mentioned in their Purchase Agreement. I believe we have complied with the City Council's direction and we look forward to working with you as the dream we all have for Hennepin Village grows and becomes reality. (4)/L.... ....___ Sincerel , Wa Soojian President Ryland Homes Twin Cities Enclosure IZa -- • . • - .. : U.S.ppstal Service , • • ' CERTIFIED MAII, PECEIPT ! MorOstic UV Only; No(flagrance Coverage Provided) , i ru lw . e% 17,;',t 1,:;,'.-„* tj ee' II A P- ,..,9 .............v r•••• ,r“ Tt•,9 ti" 'al 0 %,7 It . 0,•ia mmaimasemem..... ' 0 o I : t 0 -.4 ... ... ...... ....... r... !p- Postage $ tr) Wo ••-' lemeneemmeems limmunimimi IJI Ifi . CI kit' ics Certified Fee . it.19 ILLM" IIMINIMNIMINIIN 1::1 1:3_ Postmark ru f,,,,,a ...-.7. ...,,.... ............ .. Return Receipt Fee al t:c1 4- .I LI (Endorsement Required) I:3 CI Here CI ' -1 :: al .1:3 Restricted Delivery Fee cc cc ......; .......... , ci .ci (Endorsement Required) . : .....mmu im ;ci Total Postage&Fees $ ..n • IIIMMIIIIIIII ...0 ..11 M 11) Ill .M Sent To ci • L.)-4-ePirla/4 Col.', -WV i _n •_.,t-9 Street'Apt.No.;or POoS x No CI I=3 C:I . I 57 3 t Pal-ch tyr/ eetyti_. 111•11111111MMINIMINNI 1:1 .......... ,, CI CI City,State,ZIP+4 . D- D- L..4/ein ra t r it ,A.4%...1 'Ns- 10 p:s F.orrn pqm,January 1:113-1 - See Reverse fel'Instrilotlen .. . -. ... . __.... , . • SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY kr,. IN) III Complete Items 1,2,and 3.Also complete A. Received by(Please Print Clearly) B. Date of Delivery i\O item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. • C. Signature • Attach this card to the back of the mailpiece, X 1:1 Agent CI Addressee or on the front if space permits. D. Is delivery address different from item 1? 0 Yes 1. Article Addressed to: If YES,enter delivery address below: El No Sit fitiaN Cowl iYit..471; . /5.1 SY PO rc 03 k-F 14 litt 3. Service Type 6d(Al 'Pro,iii'e , /IAN) gCertified Mail 0 Express Mail 0 Registered DI Return Receipt for Merchandise 553 4-1 1 El Insured Mall 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes . 2. Article Number(Copy from service label) 11 V 1 (136 0 Coo z_ 05 -7 7732:. PS Form 3811,July 1999 Domestic Return Receipt 102595-90-M-1789 ... L _L • . RYLAN D The Ryland Group, Inc. 7600 Executive Drive Eden Prairie,MN 55344 Contractor's Lic#20035443 December 22,2003 www.ryland.com Dear Stephan, As you may be aware, Ryland Homes has recently received approval from the City of Eden Prairie to introduce an additional home design into some areas of the Summit Oaks neighborhood in Hermepin Village. The purpose of this new home is to respond to the high demand for single level homes and add diversity to the neighborhood. We are very proud of this new home and feel it will further enhance the development and help shorten the time your neighborhood is affected by construction. I am enclosing both a sketch of the building and a site map showing the proposed locations of the new single level homes as a courtesy to new-home buyers. The homes are designed to be architecturally compatible to the existing single-family homes, and they are planned on exactly the same lots. The total number of home will remain the same. When completed, the single level homes will represent 23% of the homes in Summit Oaks. Ryland has requested a similar zoning change to allow single-level attached homes in Eagle Ridge, on the east side of Spring Road. If you have general questions regarding this change you may contact the Hennepin Village Sales Office, or Chris Enger,Land Resources Manager for Ryland Homes at (952) 229-6016. 4I ,erely, r 404, __..... Chris Engert - I-541 - , • ' i SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Received by(Please Print Clearly) B. Date of Delivery Item 4 If Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. C. Signature in Attach this card to the back of the mailpiece, X 0 AgentCI Addressee or on the front if space permits. D. Is delivery address different from item 19 0 Yes 1. Article Addressed to: If YES,enter delivery address below: 0 No Pt'11'-e aptd 4-1e041A--Y belivx • q 1 1 I GA be.e_ 'b r-P-(- -Cdc/yt `Pr-e,•,-;ex_ , AA.A j 3. Service Type Certified Mail 0 Express Mall IP Cr/ 0 Registered 0 Return Receipt for Merchandise 1:1 Insured Mail EI C.O.D. ....... 4. Restricted Delivery?(Extra Fee) Ei Yes . 2. Article Number(Copy from service label) — 1b0 1 0300 0002- 0 s a 7 --7 1 Z 3 PS Form 3811,July 1999 Domestic Return Receipt 102595-99-M-1789" 1 . 1 ' U.S. Postal Servide , ' • 1 CERTIFIEP MAIL 14E.CEIPT i. • i . • . (Domesticillall•OW;No ipeurance Coverage Provided) . i. . . . . . . , Ln ,Nw 1 r- in 1 N P- P- 0 0' .- "Immemel J._c, ..„4 .-......—...... D- ...,_. ma ""'" l'-• P- Postage $ ra @I, Z minimminmomo 43 =CI Ln ° - ' nomminnum l-r1 1-ri Certified Fee = 0 1,2 uf c:1 , 0 0 1 0 fr, L,L4 11•1111.11111MMIIIIIII Postmark Return Receipt Fee ni hit,i Li,,,--. ru nJ (Endorsement Required) Here al ,< ......., ... .... ..., 1:3 I= ci <z 1.... 0.....". ....... ......=, ci I= Restricted Delivery Fee CI ,,_';' i.,C:C mmm (Endorsement Required) CJ DI ..I.4 onsi mumm i CI C:I .. ,..................... iMMINIMMENNI I= Total Postage&Fees $ is x msmmeses. ...0 • -u -0 M m m Sent To i Ta • ••••••••11•11•MIIMI CI 0 0 JAA I.ILe A irifi 1-11A41^-2,11 Cede)L1:1 IM•1•10•••••••110111 rl . Street,Apt.No.; , cir9 Emr9 or PO Box No. q 77 1 ci + g. ci . , 0CI City,State,ZIP+4 . r- r- i..-;d-- 4-11 Pr,,;-ite kw 553 Y/ '. i PP Fgrin:439P?..leriLlary 29 qi.: , ..,.,..,- . ..3,ee'lle,iirSg,for.InetriNtio RYLAND The Ryland Group,Inc. 7600 Executive Drive Eden Prairie,MN 55344 Contractor's Lic#20035443 December 22, 2003 www.ryland.com Dear Mike and Heather, As you may be aware,Ryland Homes has recently received approval from the City of Eden Prairie to introduce an additional home design into some areas of the Summit Oaks neighborhood in Hennepin Village. The purpose of this new home is to respond to the high demand for single level homes and add diversity to the neighborhood. We are very proud of this new home and feel it will further enhance the development and help shorten the time your neighborhood is affected by construction. I am enclosing both a sketch of the building and a site map showing the proposed locations of the new single level homes as a courtesy to new-home buyers. The homes are designed to be architecturally compatible to the existing single-family homes, and they are planned on exactly the same lots. The total number of home will remain the same. When completed, the single level homes will represent 23% of the homes in Summit Oaks. Ryland has requested a similar zoning change to allow single-level attached homes in Eagle Ridge, on the east side of Spring Road. If you have general questions regarding this change you may contact the Hermepin Village Sales Office, or Chris Enger,Land Resources Manager for Ryland Homes at (952) 229-6016. cerely, is Enger 136 ._ . . . . U.S.Postal Service . . ., . , i. . CERTIPIED MAIL IECEIPT, • • (Oornestie.Mai(OnIy;-No InsOrgoce Coverage Provided) , . co rq !g.j rq rq ---=. . .... a p- ,........... N D- 0 I"' ii'''' fi• C 1 ik IL Ui S E D- RI r•- mommommi 00 - I-a .....4 IN- qui- .....„ ammosimmemin p- p- Postage $ 6..g Ca 9 9 q1C NOMMINII CO 1 Ea L n l'E immionnum 11) !in ci w cm .al Certified Fee 1,1,4,35 Ct) IIIMIIMINIIIIIIIMMOIN Postmark n j I.ru Return Receipt Fee Hare 0 i-P LI.. IZI 'CI (Endorsement Required) C:1 1:a-l" [...."., 0 •0 Restricted Delivery Fee GI EL CC C:3 'CI (Endorsement Required) D 411 im W„` C.3 imminemon r= ;c3 Total Postage&Fees $ mimmummelim ...13 ...11 .-0 wi- .......m........... ., M 'It,- M M Sent To d ci -• Ei ci ...)()il 9,11-pupv) /. z. •1 ..z. .r, Street,Apt.No.; ,/ 1•1111.111111 • • y,• or PO Box 1.74 GliPo IG L i MIL • rommi .—•• ilesmonomon CI I:3 CIt 'State,ZIP+4 ,-- r- r- P- cd 1,ifi Re.,7(7-1. kiki .553 ci PS Forrg aficgoieririarY 200.1 . ' See,FteverSo for Instruction SENDER: COMPLETE THIS SECTION . COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Received by(Please Print Clearly) B. Date of Delivery N-3 item 4 if Restricted Delivery is desired. ........ • Print your name and address on the reverse . so that we can return the card to you. C. Signature I Attach this card to the back of the mailpiece, X CI Agent or on the front if space permits. 0 Addressee D. Is delivery address different from item 1? E3 Yes 1. Article Addressed to: If YES,enter delivery address below: 1:1 No • SU,Y116'1A)C4/1 te.L q'7'7g e..,vpo I& IA oe._, -C1.3.€41 'Prct7 Irlt-. pito / 3. Service Type G5 547 *edified Mail O Express Mall 0 Registered DI Return Receipt for Merchandise 0 Insured Mall CI C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number(Copy from service label) 11)/9 I 0 AO 0 0-00 i... 05-ri 771 PS Form 3811,July 1999 Domestic Return Receipt 102595-99•M-1789 4. + + • RYLAND The Ryland Group,Inc. 7600 Executive Drive Eden Prairie,MN 553414 Contractors Lic#20035443 December 22,2003 wwwxyland.com Dear Sungkwon, As you may be aware, Ryland Homes has recently received approval from the City of Eden Prairie to introduce an additional home design into some areas of the Summit Oaks neighborhood in Hennepin Village. The purpose of this new home is to respond to the high demand for single level homes and add diversity to the neighborhood. We are very proud of this new home and feel it will further enhance the development and help shorten the time your neighborhood is affected by construction. I am enclosing both a sketch of the building and a site map showing the proposed locations of the new single level homes as a courtesy to new-home buyers. The homes are designed to be architecturally compatible to the existing single-family homes, and they are planned on exactly the same lots. The total number of home will remain the same. When completed,the single level homes will represent 23% of the homes in Summit Oaks. Ryland has requested a similar zoning change to allow single-level attached homes in Eagle Ridge, on the east side of Spring Road. If you have general questions regarding this change you may contact the Hennepin Village Sales Office, or Chris Enger,Land Resources Manager for Ryland Homes at (952)229-6016. ly, • • Chris Enger 3K ..• LI.S: pastel Sehrice . CERTIFIED MAIL RECEIPT . (Domest)c Mali Ordy;No Insurance coverage Provided) 1 , FR GI 2f, ..............i r- r- :r— 0 F- tr II le L A L n CI fr.:1 •:.9 ..,::, ,.,, . .... .............., I D- Ii!' '"'J P- P- Postage Ln '.11 "--• 1.11 .11 Ln in Certified Fee 0 mommummen 1=1 .1=1 -'ni "F.,p,•LIJ,. ru .n j Return Receipt Fee . Postmark Hera Endorsement Required) E3ro m.... ( 0 te;` r4.- 0 ;0 Restricted Delivery Fee ci 11 .. ;=. (Endorsement Required) . co I= Total Postage&Fees $ -El wi..7. imimm......... M h- rri ;m Sent To 1:3 P- .,== ........... c3 •E3 Platit Z, OPeiltelS/1.1: 1111/1011111 r9 i ...m 1._m Street,Apt.No.; 0 Ei •Ei or PO Box No. 4 7-7 2, Pic It„ ,/ b rilie.....• f= c3 1=1 My,State,ZIP+4 e",1 r- P- D- I.-4444 Pr' i:,-C DA) ' PS Form SSD°, January 2001 . See Revi3rse for Instruction . . • , SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY Iii Complete items 1,2,and 3.Also complete A. Received by(Please Print Clearly) B. Date of Delivery • Crb Item 4 if Restricted Delivery is desired. N3 • Print your name and address on the reverse so that we can return the card to you. C. Signature R Attach this card to the back of the mailpiece, • X CI Agent or on the front if space permits. • • El Addressee D. Is delivery address different from Item 1? CI Yes • 1. Article Addressed to: - If YES,enter delivery address below: 13 No A.A.0 Yl i.CC Opel ims 617 1 tote-vt -Ara.,r fie AA t,j 3:-Service Type / pit Certified Mail [3 Express Mail 55"S ,F7 O Registered [3 Return Receipt for Merchandise 0 Insured Mail 1:3 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number(Copy from service label) -700 1 6-360 0 060 2_ 05-- i '7-76) PS Form 3811,July 1999 Domestic Return Receipt 102595-99-M-1789 I. 4- 4- • RYLAND The Ryland Group,Inc. 7600 Executive Drive Eden Prairie,MN 55344 Contractor's Lic#20035443 December 22, 2003 www,ryland.com Dear Monica, • As you may be aware,Ryland Homes has recently received approval from the City of Eden Prairie to introduce an additional home design into some areas of the Summit Oaks neighborhood in Hennepin Village. The purpose of this new home is to respond to the high demand for single level homes and add diversity to the neighborhood. We are very proud of this new home and feel it will further enhance the development and help shorten the time your neighborhood is affected by construction. I am enclosing both a sketch of the building and a site map showing the proposed locations of the new single level homes as a courtesy to new-home buyers. The homes are designed to be architecturally compatible to the existing single-family homes, and they are planned on exactly the same lots. The total number of home will remain the same. When completed, the single level homes will represent 23% of the homes in Summit Oaks. Ryland has requested a similar zoning change to allow single-level attached homes in Eagle Ridge, on the east side of Spring Road. If you have general questions regarding this change you may contact the Hennepin Village Sales Office, or Chris Enger, Land Resources Manager for Ryland Homes at (952) 229-6016. ely, Chris Enger 140 . ,. • CthEa PRToisFial la Spe 1 i.fl ce MAIL RECEIPT (Domestic Mail 01'0; NP!flagrance Caverago Provided) , , - . • . . c0 rin ismimi. ...... co cO 4,,,,., i'6,.!! io, l'; /?•t•• ii 4 4 tg 8 Y"N E r- r- oo ..........3..... .--.) ...4 Postage $ N .1/1 cy."'"" Maili nIN INIIII IIIII N 1 r" co Ss ,....-4. cc] •co u-i ` ,t) Lf) :LI) zu- Certified Fee C=I w„.; u-ai ---4 MionellIIIIIIIININ IC:1 ,C:1 Postmark ou., Return Receipt Fee ILI ,IVA „-;•-- ' fil ,ru (Endorsement Required) Here CI F-P .".^ CI CI ..2 .... CI a. 1..... " CI I:=I Restricted Delivery Fee c3 IV' ........... ..1 p .E3 (Endorsement Required) .c•5 .•,.. .,..,,.... .... c.3 Eff LI -iiimmilmmi Total Postage&Fees $ ..ri bq IINIMMIMMINIIIIMINIPI -II I...11 M .TO- - _ rn :m Sent To ci a' c:3 c::1 Mbt-14-1/1-1,k1 Ithd Mk riSk ClIpldShvirly :, Street,Apt.No.; or PO Box No A ••'... si , c3 :ci . (4?-70-) 14fhdV .-riet hrilit.. 0.- 0 • al .ci City,State,ZIP+4___,--- D- r- .r- i Yo 14 LIS-37 S••75-Co 1• ' PS pen-11_3800,!January 2091 .• '..See Reverse for Instil-104r; SENDER:COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ........ • Complete items 1,2,and 3.Also complete A. Received by(Please Print Clearly) B. Date of Delivery ''... Item 4 if Restricted Delivery is desired. ......... • Print your name and address on the reverse so that we can return the card to you. C.Signature. • Attach this card to the back of the mallplece, X 0 Agent or on the front if space permits. 0 Addressee 13. Is delivery address different from item 1? 0 Yes 1. Article Addressed to: If YES,enter delivery address below: 0 No LA 0444/1t(A) Datil LA t4 yi-St. 3. Service Type —KrOYe 0 14 Certified Mail El Express Mail O.Registered 0Return Receipt for Merchandise 9-5-3 73- 75(07 El Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes __ _ _ — • ._... . - 1,. L .1. RYLAND The Ryland Group,Inc. 7600 Executive Drive Eden Prairie,MN 55344 Contractor's Lic#20035443 December 22, 2003 www.ryland.com Dear Matthew and Marisa, As you may be aware,Ryland Homes has recently received approval from the City of Eden Prairie to introduce an additional home design into some areas of the Summit Oaks • neighborhood in Hennepin Village. The purpose of this new home is to respond to the high demand for single level homes and add diversity to the neighborhood. We are very proud of this new home and feel it will further enhance the development and help shorten the time your neighborhood is affected by construction. I am enclosing both a sketch of the building and a site map showing the proposed locations of the new single level homes as a courtesy to new-home buyers. The homes are designed to be architecturally compatible to the existing single-family homes, and they are planned on exactly the same lots. The total number of home will remain the same. When completed, the single level homes will represent 23%of the homes in Summit Oaks. Ryland has requested a similar zoning change to allow single-level attached homes in Eagle Ridge, on the east side of Spring Road. If you have general questions regarding this change you may contact the Hennepin Village Sales Office, or Chris Enger, Land Resources Manager for Ryland Homes at (952) 229-6016. Because the approval from the City was not given until this December 2003, as a courtesy to single family buyers in Summit Oaks we are offing you the opportunity to rescind your Purchase Agreement. If you wish to make changes please contact your sales representative by January 9,2004. rine ely, I ‘sei•Vis Enger Land Resources Manager Ryland Homes LP- ., T T • SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY i . • Complete items 1,2,and 3.Also complete A. Received by(Please Print Clearly) B. Date of Delivery Item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. C. Signature ' • Attach this card to the back of the mailpiece, X 0 Agent or on the front if space permits. 0 Addressee, D. Is delivery address different from item 1? El Yes • 1. Article Addressed to: If YES,enter delivery address below: 0 No , bel.Vj C114 16-e--; S Ca vt• 10 VI I S 7 14- 5 PO relA I j144- LblAe.; • C.A.4e,V1 ?cc-4 rz-e 1 IA N..) . 3. Service Type 53 34/ %Certified Mall 0 Express Mall 0 Registered El Return Receipt for Merchandise 0 Insured Mail El C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes ro 2. Article Number(Copy from service label) 7. '70 i 0 360 0002 6.5--25--) *7-7qt1-- PS Form 3811,July 1999 Domestic Return Receipt 102595-99-M-1789 . .. .. t.I.S.Postal Service , • ' . CPRTIFIED MAIL.RFCEIPT (Domestic Mail Only; No Insurance Coverage Provided) • .=- N.. = ;. .. • • • Li" ;2 Ir 1:r , le. v-z= c: (r'''',1 P \ V 1 1 i aty F IN- al la immominromme N. p... 0 rt 6,, tj. 4,.,,,, tj bi r,,,,,, 1:,.." Taw 'a .......... P- P- I-a '''-1 111=111111.11=Ill r- T.ta• „.....--. r- r- Postage $ Lrl >0 NtillMnoliMMI Ill is) Certified Fee CI •''-o'nM LL,--4 11111•••••1 Postmark Return Receipt Fee •ril ,D6E ---:. ni ni 14•• (Endorsement Required) 1-lere • 0 0 0 ,4,2 FZ7 1::1 0 Restricted Delivery Fee Ezi ms cc ci ci (Endorsement Required) .r.i 14.4 im...... .....mr.rn =I Vif C4 inim....... I= al Total Postage&Fees $ x uj T immismissi ji .i3 M §6- M m Sentro , GI ' mr..... ..,...... CI c, b v id A frtd it-r?,' i; (et el 1014 Street,Apt.No.; . r9 r9 ri 1=1 isimisommi P P or PO Box No. 1 Si q.g p„,,,.it 13 rs- r- P- 4,./._ 1,, En l::1 P City;State,ZIP+4 j ael4 Pt G.;er —3z/ i Ps Form ZEIDD,Janvary 2001.- See reverse for Instrirction • . RYLAND The Ryland Group,Inc. 7600 Executive Drive Eden Prairie,MN 55344 Contractor's Lic#20035443 December 22,2003 www.rylanci.com Dear David and Karl, As you may be aware,Ryland Homes has recently received approval from the City of Eden Prairie to introduce an additional home design into some areas of the Summit Oaks neighborhood in Hennepin Village. The purpose of this new home is to respond to the high demand for single level homes and add diversity to the neighborhood. We are very proud of this new home and feel it will further enhance the development and help shorten the time your neighborhood is affected by construction. I am enclosing both a sketch of the building and a site map showing the proposed locations of the new single level homes as a courtesy to new-home buyers. The homes are designed to be architecturally compatible to the existing single-family homes, and they are planned on exactly the same lots. The total number of home will remain the same. When completed,the single level homes will represent 23%of the homes in Summit Oaks. Ryland has requested a similar zoning change to allow single-level attached homes in Eagle Ridge, on the east side of Spring Road. If you have general questions regarding this change you may contact the Hennepin Village Sales Office, or Chris Enger, Land Resources Manager for Ryland Homes at (952) 229-6016. • cerely, Chris Enger - ....... , -. - - — • ,, - , . „ , . , 11.S.Postal Service• - ' ' '' •' '' ' .4 , .•CEPITIFIED MAIL. RECEIPT .• : (Domestic Mail Otily; No Insurance Coverage Provided) 4 • . I 1-1 c'ei rq !ri r.- F P 1 C.,4,t 0 A 1., iij ,f,,`;',,,,' , r r- • N • r- 'r- i EE I......, ...... N .N 5 I Postage -- c1:1 9:j1 I* ctl 111 tl'i In Ln Certified Fee 0 N,...- 0 •CI • tod mmommini .Postmark. nj ...- 7.-.., nj ,nj Return Receipt Fee(Endorsement Re Herequired) ' 0 '14' r-Z 1=3 0 Restricted Delivery Fee r:3 PE Cq I= im (Endorsement Required) r) 441 imsms............. mummiummi In C:1 Total Postage&Fees $ ...n li I.• IIIIIIMMINNIMIMININIII ...13 ....0 M 56- m 'm Sent To (-- =I -°- . .......,. ...m.,, ci 1:3 Du Zsinme IA-kviSc.L. r-9 • . Eirl 69 oSrtrPee0f,BAoPxLNNoo. PA.; ............. (-1 ,. ay Z44.171-S 7 0 ........................... 12:1 CI City,'State,21P#4 , N IN- N 6:0 r i .0 0 3 eigq-0Y-5" • .. P§Form'3890,Onuary 2031, ' .., .., . .'Sep,.Reverse forinstructlo; . . .... . . — SENDER:COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete item 4 if Restricted Delivery Is desired. • Print your name and address on the reverse . so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: , • S u2anne liouytsc it .Po 130c 2.q45-1 gdiqm AA Q . 3. Service Type 1 g Certified Mail DI Express Mail (k 5s--q2.4-0 .s-i Registered 1:11 Return Receipt for Merchandise El Insured Mail 0 C.O.D. • 4. Restricted Delivery?(Extra Fee) CI Yes 2. Article Number(Copy from service label) -70/)1 03(00 0(.11 2.- Os Y-1 7/0 7/ PS Form 3811.July 1999 Domestic Return Receipt 102595-99-M-1789 . ' RYLAN D The Ryiand Group, inc. 7600 Executive Drive Eden Prairie,MN 55344 Contractor's Lic#20035443 December 22, 2003 www.ryland.com Dear Suzanne, As you may be aware,Ryland Homes has recently received approval from the City of Eden Prairie to introduce an additional home design into some areas of the Summit Oaks neighborhood in Hennepin Village. The purpose of this new home is to respond to the high demand for single level homes and add diversity to the neighborhood. We are very proud of this new home and feel it will further enhance the development and help shorten the time your neighborhood is affected by construction. I am enclosing both a sketch of the building and a site map showing the proposed locations of the new single level homes as a courtesy to new-home buyers. The homes are designed to be architecturally compatible to the existing single-family homes, and they are plsnned on exactly the same lots. The total number of home will remain the same. When completed,the single level homes will represent 23% of the homes in Summit Oaks. Ryland has requested a similar zoning change to allow single-level attached homes in Eagle Ridge, on the east side of Spring Road. If you have general questions regarding this change you may contact the Hennepin Village Sales Office, or Chris Enger,Land Resources Manager for Ryland Homes at (952) 229-6016. Because the approval from the City was not given until this December 2003, as a courtesy to single family buyers in Summit Oaks we are offing you the opportunity to rescind your Purchase Agreement. If you wish to make changes please contact your sales representative by January 9, 2004. mcerel , hris Land Resources Manager Ryland Homes - • I I. ; .0 a ervice • - -- ": - • .— ! . CERTIFIEp MAIL RECEIPT. ' ' • . ' (Dp'rnestio Allen Only;No insurance Coverage Provided) - - P- Etu P- P- ' . . t 113 02 03 1 c0 I rekt k':. 1174 1;1 4.' ti ft, r..... ... r- . ,40 ir 4" Li v:•,.9 ii ii-6 1.„. 1,14 18 r- • ......... 1, i:,°2 =:.,4 P- 'I'- Postage $ .4• or.• IIIIIIIIIIIIIIINIMM E0 ED i ED .... IIIIMMININIMIIIMII Iji we. ..........N1 in !Ln Certified re. C3 ut,ii "a.:1 INIIIIIIIMIIIIIIIIIIMIM ; . Postmark Return Receipt Fee rU t S ,..-.., ru .ru (Endorsement Required) Here mi r o .4.. CI I= c=i ti-;f: j:.: ,..•••="•• CI C:1 Restricted Delivery Fee CI :.4 ta9 ci .c3 (Endorsement Required) rz E,L,c c.4 i...m.m.,... im •1:3 Total Postage&Fees $ -a -„F• ............. -a ..13 1 I m 5,'t., ..----, m m'Sent To 0 ' ........m...... ci ,Em 6 Olthi4 1/ &ill 61/ 6%/lid - b4 i‘61/1 L A. ...- IMINIMIMM=M11•01•1 Jii, AUL.. , Street,Apt.No.; ra r' or PO Box N 0 mumm=1....au 0 1=3 o' 7 lc. 10 -p,"( Pine. C•i-P. a c3 r= City, r- P- P- State,ZIP+4 ps Form al3110,..lanuary 2001 See Reverse for Ifietrtiction • . . ..._ . , . '. - • ' ' • - ' ' SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete Items 1,2,and 3.Also complete A. Received by(Please Print Clearly) B. Date of Delivery 14- item 4 if Restricted Delivery is desired. • Print your name and address on the reverse ........„ so that we Can return the card to you. C. Signature • Attach this card to the back of the mailpiece, X 0 Agent or on the front if space permits. GI Addressee D. Is delivery address different from item 1? Di Yes 1. Article Addressed to: If YES,enter delivery address below: 0 No CetaVV6(1 6444 64/ ezfriA1 )1-0-"-fr, tucti.at.) 1%‘149 Terri (Pau_ C4- 3. Service Type Cdtil4 ?/'t%i fir; m j,,) ACertified Mail El Express Mail S.-S-3g I 12 Registered 1:1 Return Receipt for Merchandise , I=1 Insured Mail DI C.O.D. (1>•r io 1-1 uo.:441,1 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number(Copy from service label) -7Oo 1 D300 00431— a-s-- ---t -7 WI PS Form 3811,July 1999 Domestic Return Receipt 102595-99-M-1789 L + -1 RYLAND The Ryland Group,Inc. 7600 Executive Drive Eden Prairie,MN 55344 Contractor's Lic#20035443 December 22, 2003 www.ryland.com Dear Deb, As you may be aware,Ryland Homes has recently received approval from the City of Eden Prairie to introduce an additional home design into some areas of the Summit Oaks neighborhood in Hennepin Village. The purpose of this new home is to respond to the high demand for single level homes and add diversity to the neighborhood. We are very proud of this new home and feel it will further enhance the development and help shorten the time your neighborhood is affected by construction. I am enclosing both a sketch of the building and a site map showing the proposed locations of the new single level homes as a courtesy to new-home buyers. The homes are designed to be architecturally compatible to the existing single-fnmily homes, and they are planned on exactly the same lots. The total number of home will remain the same. When completed,the single level homes will represent 23% of the homes in Summit Oaks. Ryland has requested a similar zoning change to allow single-level attached homes in Eagle Ridge, on the east side of Spring Road. If you have general questions regarding this change you may contact the Hennepin Village Sales Office, or Chris Enger,Land Resources Manager for Ryland Homes at (952) 229-6016. Because the approval from the City was not given until this December 2003, as a courtesy to single family buyers in Summit Oaks we are offing you the opportunity to rescind your Purchase Agreement. If you wish to make changes please contact your sales representative by January 9, 2004. cerely, s nger Land Resources Manager Ryland Homes 1143" TRANSMISSION VERIFICATION REPORT TIME : 12/30/2003 10:36 DATE,TIME 12/30 10:27 FAX NO. 96123496718 DURATION 00:08:26 PAGE(S) 30 RESULT OK MODE STANDARD ECM i 119 • • .u.s. pasIai Service , CERTIFIED MAIL RECEIPT . . (Domestic Mail Only; Na insurance Coverage Provided) 4 . El t,ttl MI ID P- •-cEn 1111111MMIMININIMIII N P- of) K.: II A p til Es.. ..,8 P- P- '.',.-1? v x g N.;...i7 ti bi'- .!....; r- rf ....m...... P- P- 2 ...4 1•-• tcl.'1.7, ,....,'-- P-- P- Postage $ Ln >2 Imimmmow. Ln 1-rl Certified Fee C:11 -Ei„; Eft, C3 CI Postmarlc 013 Lill EMINININIIIIMIIII Return Receipt Fee Here Ili ',,L 2 rr- ru ru (Endorsement Required) im ',- I-- ED izi Restricted Delivery Fee Ei E5' CC ED ID (Endorsement Required) in ...... .mi m r:3 Total Postage&Fees $ u,I asimmull a/ ._13 ...13 0)- m n t-, -... m m Sent To JOL VI ljt6,1 ' 4..m..... ..........., Street,Apt.No.; 1-1 .. .................... r'l •1-1 or PO Box No C7.) rommommom 1:3 CM • X155- Lvy. 11-1-1'-` S4- lioe 5-i- Ezi • • .... ---.... im ci City,State,ZIP+4 r- r- r- ' 0 a (11/ /1/k 0 ps Form 3800;J4mia,si 2im...; . •• see,Reseiss for Instruction - _ y . . SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY a M Complete items 1,2,And 3.Also complete A. Received by(Please Print Clearly) B. Date of Delivery item 4 if Restricted Delivery is desired. . • Print your name and address on the reverse so that we can return the card to you. C. Signature • Attach this card to the back of the mailpiece, X 0 Agent or on the front if space permits. 0 Addressee D. Is delivery address different from Item 1? El Yes 1. Article Addressed to: If YES,enter delivery address below: 0 No j0141/1 1-11.,11115 b-t53--- (71iv-fiv 14711‘151-1/11''51- (, 3. Service Type Op tt lia atAi r .flit° pA(Certified Mail 0Express Mall El Registered ID Return Receipt for Merchandise biZ'i-6,507 1:0 Insured Mail in C.O.D. 4. Restricted Delivery?(Extra Fee) El Yes 2. Article Number(Copy from service label) -?a-ei 636o 600/.., c),5- 1 7776 PS Form 381 1,July1999 Domestic Return Receipt 102595-99-M-1789 i • RYLAND The Ryland Group,Inc. 7600 Executive Drive Eden Prairie,MN 55344 Contractor's tic#20035443 December 22,2003 www.ryland.com Dear John, As you may be aware,Ryland Homes has recently received approval from the City of Eden Prairie to introduce an additional home design into some areas of the Summit Oaks neighborhood in Hennepin Village.The purpose of this new home is to respond to the high demand for single level homes and add diversity to the neighborhood. We are very proud of this new home and feel it will further enhance the development and help shorten the time your neighborhood is affected by construction. I am enclosing both a sketch of the building and a site map showing the proposed locations of the new single level homes as a courtesy to new-home buyers. The homes are designed to be architecturally compatible to the existing single-family homes,and they are planned on exactly the same lots. The total number of home will remain the same. When completed,the single level homes will represent 23% of the homes in Summit Oaks. Ryland has requested a similar zoning change to allow single-level attached homes in Eagle Ridge, on the east side of Spring Road. If you have general questions regarding this change you may contact the Hennepin Village Sales Office, or Chris Enger,Land Resources Manager for Ryland Homes at (952)229-6016. Because the approval from the City was not given until this December 2003, as a courtesy to single family buyers in Summit Oaks we are offing you the opportunity to rescind your Purchase Agreement. If you wish to make changes please contact your sales representative by January 9,2004. ly, Chris Enger Land Resources Manager Ryland Homes 151 U.S.Postal Service ! CEFiTIFIED MAIL RECEIPT (Domestic Mail Only;No Insurance Coverage Provided) M M M m , 1-g ✓ ""• • "• • :`.1 3- .; Pe F g A It S r aorii F. ittc eigmmmemoimm..•••ar r,. Postage $ tn 35 r0 •=0 limmelimma I-11 • Certified Fee • ett„ CI •In Postmark ,• S• -74 Return Receipt Fee ru (Endorsement Required) - Hero CI C:1 <rn z c3 Restricted Delivery Fee E3 _cc c3 ra (Endorsement Required) 4.4 • Ei mimmimmot . Total Postage&Fees $ 81-m . -EI in in SentTo '61A hex/ PruSA ra Street,Apt.No, or PO Box'No. 2444 A 6 1:7 re.yer LatAt_ rzi •C3 Ong State,ZIP+4 P- P-,P- 11-0/tb 5.537/— 36 • PS Fart!nag,JaNarY 2001 - See rio.iete,e foi•Instrycopn _ - •_ -- -- SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Received by(Please Print Clearly) B. Date of Delivery nc item 4 if Restricted Delivery is desired. (.0 • Print your name and address on the reverse so that we can return the card to you. C. Signature • Attach this card to the back of the m Cl Agentailpiece, x •or on the front if space permits. Addressee D. is delivery address different from item 1? In Yes 1. Article Addressed to: If YES,enter delivery address below: No Rt.)se, 4-51 AA L6 rt LA1A-E> Il 3. Service Type SIACA Viieee,/ M AZT Certified Mail 0 Express Mall S5.37 4160 0 Registered 0 Return Receipt for Merchandise El Insured Mall El C.O.D. 4. Restricted Delivery?(Extra Fee) Q Yes 2. Article Number(Copy from service label) 'MO 1 03610 OCOZ OSIS 1/6 3 PS Form 3811,July 1999 Domestic Return Receipt 102595-98-M-1709 RYLAND The Ryland Group,inc. 7600 Executive Drive Eden Prairie,MN 55344 Contractor's Lic#2003544.3 December 22,2003 www.ryland.com Dear Dmitry, As you may be aware,Ryland Homes has recently received approval from the City of Eden Prairie to introduce an additional home design into some areas of the Summit Oaks neighborhood in Hennepin Village. The purpose of this new home is to respond to the high demand for single level homes and add diversity to the neighborhood. We are very proud of this new home and feel it will further enhance the development and help shorten the time your neighborhood is affected by construction. I am enclosing both a sketch of the building and a site map showing the proposed locations of the new single level homes as a courtesy to new-home buyers. The homes are designed to be architecturally compatible to the existing single-family homes,and they are planned on exactly the same lots. The total number of home will remain the same. When completed,the single level homes will represent 23% of the homes in Summit Oaks. Ryland has requested a similar zoning change to allow single-level attached homes in Eagle Ridge, on the east side of Spring Road. If you have general questions regarding this change you may contact the Hennepin Village Sales Office, or Chris Enger, Land Resources Manager for Ryland Homes at (952)229-6016. Because the approval from the City was not given until this December 2003, as a courtesy to single family buyers in Summit Oaks we are offing you the opportunity to rescind your Purchase Agreement. If you wish to make changes please contact your sales representative by January 9,2004. erely, Chris Enger Land Resources Manager Ryland Homes ) 5.3 •. Li.s:postai service • • . , . , EFITIFWD MAIL Et.FCEIPT . .(Domestic.lilleil Olily; No Insurance Coverage Provided) ...13 w ...11 "-II . , U1 -,i-., ....................... Lri ul 0.„, ..,!,„, ,1,, ti 4,,a i .ick it, P- w R r- r- 141 It D 1,....f u 4. P.,..v kJ) 8 ki D- F ........m..... r- D- O 0 Ilinimmmii 1-CC ..,4 r,.. ,T.,,, ....... , P- 1-- Postage $ ul 0 ... limailiiimMuMmi ul 1 ji Certified Fee I=3 .I=1 . •,:11 1_,,CZZI 1111111Milln11111111.1 .Postmerk -.4 ..,.......... . ,.,„ ,..,„ Return Receipt Fee ru tva I-- tea ,,-. (Endorsement Required) Hera ci 1-0 L.L., CI •CI 0 •I.....- 1::: ci 0 Restricted Delivery Fee In ..,..ffiE IZ, c3 ,Ezi (Endorsement Required) oft! 44 loimmii 1::3 E fur cz immummin Total Postage&Fees I$ I ...0 udF-i PIIIIIIIMMININIIIIIMI -a .11 rn s8. in rn Sent To CI a' CI CI ....k.t 56vt Avd Cavoi.rt 6tb I'M A n e - , •, Street,Apt.No.; 1-R " '-' or PO Box No, iid t • im 0 avbbio Az-vav 4 IZZ CI CI Clty,'State,ZIP+4 1,- 1 P- li‘- t A t. •f ) ki k.Z." - I PS Form SEIM,January 2001• ' See Reverse for Instructini SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Received by(Please Print Clearly) B. Date of Delivery -7— item 4 if Restricted Delivery is desired. k.r) a Print your name and address on the reverse C. Signature so that we can return the card to you. . El Agent IN Attach this card to the back of the mailpiece, X or on the front if space permits. CI Addressee D. Is delivery address different from item 1/ Di Yes I. Article Addressed to: If YES,enter delivery address below: El No JC15011 tat6 Caktdlle 64 LOMPtlet 1 I 6 C.-0*rl Soo P g-v1/41), *1 Z-Z 3. Service Type Pt I Yi AL 4144 e-G1 M N-1 U 'Certified Mall El Express Mail I 55S°5 o Registered 0 Return Receipt for Merchandise 0 Insured Mail El C.O.D. . 4. Restricted Delivery?(Extra Fee) CI Yes 2. Article Number(Copy from service label) '700 i 03efl 0 0001.— 03-W1 7 7Sro PS Form 3811,July 1999 Domestic Return Receipt 102595-99-M-17139 I- + + RYLN1D The Ryland Group,Inc. 7600 Executive Drive Eden Prairie,MN 55344 Contractor's Lic#20035443 December 22, 2003 www.ryland.com Dear Jason and Candice, As you may be aware,Ryland Homes has recently received approval from the City of Eden Prairie to introduce an additional home design into some areas of the Summit Oaks neighborhood in Hennepin Village. The purpose of this new home is to respond to the high demand for single level homes and add diversity to the neighborhood. We are very proud of this new home and feel it will further enhance the development and help shorten the time your neighborhood is affected by construction. I am enclosing both a sketch of the building and a site map showing the proposed locations of the new single level homes as a courtesy to new-home buyers. The homes are designed to be architecturally compatible to the existing single-family homes, and they are planned on exactly the same lots. The total number of home will remain the same. When completed,the single level homes will represent 23% of the homes in Summit Oaks. Ryland has requested a similar zoning change to allow single-level attached homes in Eagle Ridge, on the east side of Spring Road. If you have general questions regarding this change you may contact the Hennepin Village Sales Office, or Chris Enger, Land Resources Manager for Ryland Homes at (952)229-6016. Because the approval from the City was not given until this December 2003, as a courtesy to single family buyers in Summit Oaks we are offing you the opportunity to rescind your Purchase Agreement. If you wish to make changes please contact your sales representative by January 9,2004. erely, 's Enger Land Resources Manager Ryland Homes 15.5 • , U.S. postal Service i . I ; CERTIFIED MAIL RECEIPT , (Domestic Mail Only; No insurance Coverage Pr.°victor!) . '. . , . . . , . .. Er li-. Er .11- .• 1,5zn. = ='• ,,,,,- t,•, ,, 1,., ,-,., ,-,• -• i, . inim........ 4) ,.-..-_, .,...... 14 q I: p', , ll II r— T r-- r•-• N,,,.. fi !I , kz.-, a ti,,„ ki.„,r, P- oo iiiimmionniutil P- rIl, --4 11=11111111101•111111111 V- ,P- Postage $ 1:0 '43,9 R n 1=0 1:0 aamommommum 1-r) >2 minimmono 1-1) Ln Certified Fee C=1 17.1 GI 1=1 1Si IIMIIMMIIIIIIIMINISI . Postmark ru ru Return Receipt Fee Hero (Endorsement Required) - ci El 14-1 Ezi ,r:3 a , - r."; ••••••••••• •••—• in ci Restricted Delivery Fee CI Eg pt• a,.. ...... .......... r:3 ci (Endorsement Required) •n 1.1.1 nomm..... ....... 0 .E.ficl c...1 ........... c3 •c3 Total Postage&Fees $ J3 '8T. rimminimmemo -LI ...13 rn lt - rn rn &intro I:3 ''' o CI iLdOltly Am_r Pe be 14,1 1-9 Street,Apt.No.; ra •r__1 or PO Box No. 8-1 7 5- 1 I 1171 , . in............. El .--. fl A.iA1`11A_O f 14j 7) Ei En City,State,ZIP+4 n- r..- r.-- 5_,at A- rrit.c, m 5397-I/C- Ps ForiTi 3800,January 2001 See Reverse for lit4truction . - .. . ' .,. ' SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Received by(Please Print Clearly) B. Date of Delivery ko item 4 if Restricted Delivery is desired. III Print your name and address on the reverse ...---- so that we can return the card to you. C. Signature M Attach this card to the back of the mailpiece, . x 0 Agent Or on the front if space permits. 0 Addressee D. Is delivery address different from item 1? 0 Yes 1. Article Addressed to: If YES,enter delivery address below: El No V__40144/ &hi). 17tbikA1t Levu-1S . '3/13 1-46-1-)414-6-YN b nvt_i mi./ 3. Service Type pl..Certlfied Mall El Express Mall 5 -341-/- //15 CI Registered 0 Return Receipt for Merchandise 0 Insured Mall 0 C.O.D. . 4. Restricted Delivery?(Extra Fee) El Yes 2. Article Number(Copy from service label) '7 Op I 6 50 0 D'OD Z 6 -.)W 1 1 1 til-- PS Form 3811,July 1999 Domestic Return Receipt 102595-99-W1789 1, J- .i. - RYLM D The Ryland Group,Inc. 7600 Executive Drive Eden Prairie,MN 55344 Contractor's Lic#20035443 December 22,2003 www.ryland.com Dear Rodney and Rebekah, As you may be aware,Ryland Homes has recently received approval from the City of Eden Prairie to introduce an additional home design into some areas of the Summit Oaks neighborhood in Hennepin Village. The purpose of this new home is to respond to the high demand for single level homes and add diversity to the neighborhood. We are very proud of this new home and feel it will further enhance the development and help shorten the time your neighborhood is affected by construction. I am enclosing both a sketch of the building and a site map showing the proposed locations of the new single level homes as a courtesy to new-home buyers. The homes are designed to be architecturally compatible to the existing single-family homes, and they are planned on exactly the same lots. The total number of home will remain the same. When completed, the single level homes will represent 23% of the homes in Summit Oaks. Ryland has requested a similar zoning change to allow single-level attached homes in Eagle Ridge, on the east side of Spring Road. If you have general questions regarding this change you may contact the Hennepin Village Sales Office, or Chris Enger,Land Resources Manager for Ryland Homes at (952) 229-6016. Because the approval from the City was not given until this December 2003, as a courtesy to single family buyers in Summit Oaks we are offing you the opportunity to rescind your Purchase Agreement. If you wish to make changes please contact your sales representative by January 9, 2004. cerely, Chris Enger Land Resources Manager Ryland Homes 1 5+ • . . ' . . . U.S. Postal Servide ' —' .• CERTIFIED MAIL RECEIPT • . . ! (peinestio Mail Only;No Insurance coverage Provided) ' ' 1-r1 t'w Ln •Ln a- ,(4..., m: /— , ,,,A, 1 , IIIIIMIIIIIIIIIIINIM .11 '.J3 ek ' - g c. I, A R. tii .u:..1 .f- .r... Fp: , _ r_ r_ .,..,, 4 # 1 1'- p.).?_!,-.4. ..... r- r- Postage $ ca gg ' Z • LI) 1 c13 Ln V,°: Lf) Lf) Certified Fee • CI ra , CI C:1 Is- ;11 aninimin nj .. 7.-4 - ill Return Receipt Fee Postmark C3 rq LI. El CI (Endorsement Required) Here CI 4-2 I:7, El c:i Restricted Delivery Fee ci Eff 1:q in Ei (Endorsement Required) "6M 0„. E3 al Total Postage&Fees $ -a it, MINIMM1111111111111111111111 .-1:1 .11 - M ,110. M in Sent To 0 ....... rii ,ci r—eit v'ty) AA&ti-1-17.e. 1-4 r-9 r-1 Street,Apt.No.; 0 FM I=1 or PO Box No. 1 5-2.0 , immummummums C-1 L',14.141,--11/1 1.6:Vqd C3 ==......... .. City,State,ZIP+4 ,..-_. r r••• ei-N ps Forni'380%tlartgary 2001 See Reverse for instruction • • _ . SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, CI or on the front if space permits. 1. Article Addressed to: ILO irei/I AA OW f rze- . ts-2,0 614utvi • 3. Service Type Cdeio 'Pi- -;P;e nikki, 0 Certified Mail 0 Express Mail (551qq-616257 CI Registered 0 Return Receipt for Merchandise El Insured Mail GI C.O.D. 4. Restricted Delivery?(Extra Fee) 01 Yes 2. Article Number(Copy from service label) -by! 6,5 .6 7 6 00d-z., (jaw 7 '7 60 q 3-- PS Form 3811,July 1999 Domestic Return Receipt 102595-99-M-1789 + + _+ RYLAN D The Ryland Group,Inc. 7600 Executive Drive Eden Prairie,MN 55344 Contractor's Lic#20035443 December 22, 2003 www.ryland.com • Dear Karen, As you may be aware,Ryland Homes has recently received approval from the City of Eden Prairie to introduce an additional home design into some areas of the Summit Oaks neighborhood in Hennepin Village. The purpose of this new home is to respond to the high demand for single level homes and add diversity to the neighborhood. We are very proud of this new home and feel it will further enhance the development and help shorten the time your neighborhood is affected by construction. I am enclosing both a sketch of the building and a site map showing the proposed locations of the new single level homes as a courtesy to new-home buyers. The homes are designed to be architecturally compatible to the existing single-family homes, and they are planned on exactly the same lots. The total number of home will remain the same. When completed, the single level homes will represent 23% of the homes in Summit Oaks. Ryland has requested a similar zoning change to allow single-level attached homes in Eagle Ridge, on the east side of Spring Road. If you have general questions regarding this change you may contact the Hennepin Village Sales Office, or Chris Enger, Land Resources Manager for Ryland Homes at (952) 229-6016. Because the approval from the City was not given until this December 2003, as a courtesy to single family buyers in Summit Oaks we are offing you the opportunity to rescind your Purchase Agreement. If you wish to make changes please contact your sales representative by January 9, 2004. • cerely, hris Enger6- Land Resources Manager Ryland Homes 1 54-3 • --3— • „ :• irir''•' ' A ".111111 111110 -„Alt if"-'gni A 14 I try, . 4 ir 11 !snag I 1- , t ,-. 411 1 .. 6t i4,' , ='. zi -.2:'44Vd*ONilidilill I '---" :,111,11Ppoi1471irri =1 11,4itc,,. ifi q 0,14 , lf.41.1, loliR 1 ,h '1.111' 41.111'ik/ 1 g- ai 1< 4,--,---_- -Ailv4 f"":-al '1 7 21, ; I 611:2-11 '1'. .--tr'• -. 1)....t\ - ' Alt (1.. .. . •?•-• T., • j'il ' lik \11 CLA a\iiii ,,, ,= 4 s'N'I ' r, Ill TIII,i 4 siP, 1 .r.'\• II, r Nwo 4 I ,i'VAIR,•1.1.:1 P ''' i 'SLcv;i L rriLL•1,,,hr,•1:,1,, •r r., .,. _, ; ,r•.,1,74,03.911DkIMINIII...). ' --,e I 4- --...t•-•.,,, •11--;7-fr' . r OP):Tel;;'):I Eng H.;•' ;':',I4';'••',.?I; 114'",- .'fti'ld.e,1, 1 III • ,,i• - Al--,40 1 1, ri ' • ',,,4 \ --:-- ,.,:d( .• •., ..It • 11 ' '1•••— t. I,4 fr i T 0 : •'1*-1411111 11 'd Wl 'W iii-Criiill',11 ifiiiilid. 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Iiii•1 Willa WI g — 0 c, --- • 1 r-1-1„riti 7i.y.ww.ri-iiiiir il ‘-:_:- ._._-_-_--.1 iij Ili i il 1 L ,.-_,_ , .._ i 1 .. a 1 IP %I ill I .C 104 IL. 11 A IW 61 'Will IM 7 hi iilln_ lill 11 Mit iii •1.7 , 01 1 li A-tci ., • , i —' — ----- — — ---LI . , n pi ali!..!,,„ !_1 v[A.,.,;_ IL._:i_ A ••,,,,,,\:,, hi I i:,.. I ...,....... 11,. ---- et 1 u I ._ i N I 2.at a' -7-g V . -1 f Li ill, z.-giF. 1 . w i i I• • - ?,lir: r2 3gat ii o • LI- -LT--o-—0- U 4L -CI—1:1——1:1 .7° Er---cr II- /61 CITY COUNCIL AGENDA DATE: January 20,2004 SECTION: Ordinances and Resolutions DEPARTMENT: ITEM DESCRIPTION: Vacation 03-09 ITEM NO.: Engineering Vacation of Drainage and Utility easements in ‘E Dave Olson Hennepin Village • (Published 11/27/04; Sent to 1 property owner) Requested Action Move to: Adopt the resolution vacating the drainage and utility easements in Hennepin Village. Synopsis The Developer has requested this vacation to remove underlying easements, as platted with the Hennepin Village plat,to allow the construction of twin home units on lots previously platted for single family units. The reconfiguration plan was approved by the City Council on December 2, 2003. In order to facilitate the process, staff published the notice to conduct the public hearing on December 16, 2003. However, the Council approval was contingent upon the Developer providing documentation to the Council that purchasers of existing single family homes within Hennepin Village had been provided from the home builder(Ryland Homes)that twin or tri-plex units would be constructed adjacent to the single family units. This documentation, as well as execution of the Developer's Agreement is anticipated to be presented to Council at the January 20, 2004 Council meeting. Action on the vacation request for drainage and utility easements within Hennepin Village should occur simultaneously with approval of the Developer's Agreement. 16• CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. VACATION OF DRAINAGE AND UTILITY EASEMENTS IN HENNEPIN VILLAGE VACATION 03-09 'WHEREAS,the City of Eden Prairie has a certain drainage and utility easement described as follows: All platted drainage and utility easements as dedicated on Lots 1 through 6, inclusive, and Lots 17 through 22, inclusive, Block 2 and Lots 1 through 21, inclusive, Block 3, HENNEPIN VILLAGE, according to the recorded plat thereof, Hennepin County, Minnesota, EXCEPT that part described as follows: The easterly 8.00 feet and westerly 8.00 feet of said Lots 1 through 6, inclusive, and Lots 17 through 22, inclusive, Block 2 and Lots 1 through 21, inclusive, Block 3; the northerly 5.00 feet of said Lot 1, Block 2; the southerly 4.00 feet of said Lot 2, Block 2; the northerly 4.00 feet of said Lot 3, Block 2; the southerly 4.00 feet of said Lot 4, Block 2; the northerly 4.00 feet of said Lot 5, Block 2; the southerly 8.00 feet of said Lot 6, Block 2; the southerly 4.00 feet of said Lot 17,Block 2; the northerly 4.00 feet of said Lot 18,Block 2; the southerly 4.00 feet of said Lot 19, Block 2; the northerly 4.00 feet of said Lot 20, Block 2; the southerly 4.00 feet of said Lot 21, Block 2; the northerly 5.00 feet of said Lot 22, Block 2; the northerly 8.00 feet of said Lot 1, Block 3; the southerly 4.00 feet of said Lot 2,Block 3; the northerly 4.00 feet of said Lot 3,Block 3; the southerly 5.00 feet and southeasterly 8.00 feet of said Lot 4, Block 3; the southerly 5.00 feet of said Lot 5, Block 3; the northerly 4.00 feet of said Lot 6, Block 3; the southerly 4.00 feet of said Lot 7, Block 3; the northerly 4.00 feet of said Lot 8, Block 3; the southerly 4.00 feet of said Lot 9,Block 3; the northerly 4.00 feet of said Lot 10,Block 3; the southerly 4.00 feet of said Lot 11,Block 3; the northerly 4.00 feet of said Lot 12,Block 3;the southerly 4.00 feet of said Lot 13,Block 3; the northerly 5.00 feet of said Lot 15,Block 3; the northerly 5.00 feet of said Lot 16, Block 3; the southerly 4.00 feet of said Lot 17, Block 3; the northerly 4.00 feet of said Lot 18, Block 3; the southerly 4.00 feet of said Lot 19, Block 3; the northerly 4.00 feet of said Lot 20, Block 3; and the southerly 8.00 feet of said Lot 21,Block 3. WHEREAS, a public hearing was held on December 16, 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 January 20,2004. ATTEST: Nancy Tyra-Lukens,Mayor SEAL Kathleen A.Porta, City Clerk I. ffVj CITY COUNCIL AGENDA I DATE: SECTION: ORDINANCES AND RESOLUTIONS January 20, 2004 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Office of City Manager First Reading of an Ordinance Amending City rrtr , C , Code Chapter 2.30 and 2.32, Relating to Organizational Restructuring _I Requested Action Move to: Approve the first reading of the Ordinance amending City Code Chapter 2,relating to organizational restructuring. Synopsis The City Code is being amended to reflect the organizational changes relating to the elimination of the Depaitment of Management and Budget. The Community Development Depaitment will include Assessing, Planning,Economic Development and Housing and Human Services. The Finance Division is under the Office of the City Manager. Background The proposed changes to City Code Chapter 2 incorporated in the ordinance will cause the City Code to reflect the organizational changes related to the Community Development Department. All changes included in the proposed ordinance have been previously announced to the City Council and to City employees. These changes were effective January 1, 2004. Attachments Ordinance 104 CITY OF EDEN PRAIRIE HENNEPIN COUNTY MINNESOTA ORDINANCE NO. -2004 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA AMENDING CITY CODE CHAPTER 2 BY AMENDING SECTION 2.30, RELATING TO CITY DEPARTMENTS; AMENDING SECTION 2.32, RELATING TO ISSUANCE OF CITATIONS; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 2.99 WHICH,AMONG OTHER THINGS,CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF EDEN PRAIRIE,MINNESOTA ORDAINS: Section 1. The Eden Prairie City Code shall be amended by amending Section 2.30,Subd. 1 by adding G. as follows: G. The City Manager shall appoint the City Treasurer. The Finance Manager shall serve as the City Treasurer and carry out the provisions of State Statute §412.141. Section 2. The Eden Prairie City Code shall be amended by amending Section 2.30,Subd.2 in its entirety as follows: Subd. 2. Community Development Department. A Community Development is hereby established. The Head of this department is the Director of Community Development. All matters relating to Assessing,Planning,Economic Development,and Housing and Human Services shall be the responsibility of this Department. This Department shall include the Assessing Division. The manager of the Assessing Division is the City Assessor. All matters of levies and assessments shall be the responsibility of this division. Section 3. The Eden Prairie City Code shall be amended by amending Section 2.32,Issuance of Citations,by adding Facility Manager under Office of City Manager,deleting Management&Budget and Director of Management of Budget and adding Community Development Department and Community Development Director. Section 4. City Code Chapter 1 entitled"General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 2.99 entitled "Violation a Misdemeanor"are hereby adopted in their entirety,by reference,as though repeated verbatim herein. Section 5. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the day of January,2004,and finally read and adopted and ordered published at a regular meeting of the City Council of said Council on the of ,2004. 165 ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens,Mayor PUBLISHED in the Eden Prairie Sun Current on the day of , 2004. DATE: CITY COUNCIL AGENDA SECTION: Petitions and Requests January 20, 2004 ITEM NO.: DEPARTMENT: ITEM DESCRIPTION: - A Robert A. Lambert 141." Baseball Association Request Director of Parks&Recreation Requested Action Move to: Consider providing funds in an upcoming referendum for park improvements that would be available for constructing public recreation facilities such as park shelters, concessions, public restrooms and other improvements to the park •system, and that those facilities that are partially funded through significant private donations receive first priority for those funds. Synopsis A representative of the Eden Prairie Baseball Association will be in attendance to request the City Council consider support of a jointly funded project between the Baseball Association and the City of Eden Prairie for improvements to the baseball field at Miller Park. Background The proposed improvements include construction of a seating area that would be constructed over restrooms, a concession area and storage area at that field. The improvements would also include dugouts for players and eventually a plaza and ticket booths that would be utilized during paid events. These improvements are concepts that were discussed during the original planning for Miller Park, but have been delayed until the Association could raise some matching funds for this project. The baseball field is utilized by two Eden Prairie over 35 teams, a town team made up of college age players, as well as American Legion and Babe Ruth baseball teams. If the proposed improvements are made it is likely that the High School baseball team would also request to utilize this facility for some of their home games. Many of the smaller communities in southern Minnesota that have highly competitive baseball teams have similar facilities. These facilities become a recreation facility utilized by many residents in the community. If they want to take their family to a Sunday afternoon or a Saturday night ball game to watch highly-skilled local players play other teams from southern Minnesota 10- Baseball Association Request January 20, 2004 Page 2 • and the metro area. These facilities often become a source of local pride and another place where families can enjoy an outdoor recreation event together. City staff has included some matching funds for this facility in the park fund CIP, however, the facility proposed would most likely require an additional $500,000. Staff would recommend the City Council consider including some funds in an upcoming referendum for matching athletic association's efforts to raise money to provide public facilities such as this proposal to improve our park system. Other examples of park improvement projects that may or may not receive donations include a park shelter at the Girls Softball Complex that would provide restrooms, a concession and storage area, a new warming house/park shelter at Forest Hills Park and Edenvale Park and a picnic shelter at Miller Park. Attachments: Eden Prairie Baseball Association Letter, Schematic Plans and Cost Estimates RAL:bju 166 CIA eden ; prairie . 11 as °dation December 29,2003 Mr.Bob Lambert • Parks and Recreation Director City of Eden Prairie 8080 Mitchell Road Eden Prairie,Mn 55344 Dear Bob, The Eden Prairie Baseball Association(EPBA)would like to be on the agenda for the January 5th Parks Commission meeting to discuss the merits of a jointly funded project between the City and the EPBA to convert Miller 8 into a retro city baseball park. 0 Mary Morgan will represent the EPBA.Please advise us as to the time and location. Thank you for your consideration in this matter. 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'' : - _ 1-- . r 1 ...,.......,%.7.-.:.-T.:7r....;.•::;*,..„-st•-„t!•-•,..„....„:.,-:-..._-,,,,,,ti..-.•-•.,-....,, ,c„...w.„. .. - _ k...F-•:. i.,-r•-_,.•••,,...,--y..---..T- 1-,.‘a--------- ...:„..1- UNAPPROVED MINUTES PARKS,RECREATION AND NATURAL RESOURCES COMMISSION MONDAY,JANUARY 5,2004 7:00 P.M. City Center COUNCIL CHAMBERS COMMISSION MEMBERS PRESENT: Rob Barrett, Chair; Jeffrey Gerst,Vice Chair; John Brill, Tom Crain, Randy Jacobus,David Larson,Ian Mackay and Michael Moriarity COMMISSION MEMBER ABSENT: Bruce Schaepe COMMISSION STAFF PRESENT: Bob Lambert,Director of Parks and Recreation Services; and Carol Pelzel,Recording Secretary STUDENT REPRESENTATIVES: Rachel Giertz, Cole Johnson and Chris Shea I. CALL TO ORDER AND ROLL CALL The meeting was called to order by Chair Barrett at 7:05 p.m. II. APPROVAL OF AGENDA Motion: Schaepe moved, seconded by Jacobus,to approve the agenda as presented. The motion carried, 8-0. III. APPROVAL OF MINUTES—December 1,2003 Motion: Motion was made by Mackay, seconded by Jacobus,to approve the minutes as published. The motion carried, 7-0-1 with Barrett abstaining because of absence from that meeting. IV. REPORT OF CITY COUNCIL ACTION This item was held over to the end of the meeting. V. PETITIONS,REQUESTS AND COMMUNICATION A. Request from Baseball Association Mary Morgan,Baseball Association President, explained that the Association is attempting to establish a better baseball program by improving facilities with the Miller Park proposal. This proposed project has been in the works for approximately ten years. Last year they opened a concession building and found that the revenue from that project has enabled them to pursue their dreams. The proposed facility will include a covered viewing area that would be constructed over restrooms, a concession area and storage area at that field.The 1 -ia PARKS,RECREATION AND NATURAL RESOURCES COMMISSION January 5, 2004 Page 2 improvements would also include dugouts for players. The Baseball Association is asking for approximately$1 million for this project. The Eden Prairie Baseball Association has raised approximately$150,000 from the concession building and an anonymous donor has donated an additional $100,000. Morgan said the Baseball Association is asking the City for the additional funding that will be required to accomplish this project. Lambert stated that when they started discussing this project ten years ago, City staff felt it was a good project but had many other priorities. Approximately five years ago City staff suggested that the Association work with an architect to design the facility. They did use the same architect that the City uses, Del Erickson, and came up with the design presented this evening. With this proposal,there would be seating for approximately 600 people with the ability to add additional seating to the end of the bleachers. Lambert said City staff feels this facility would get a lot of use and would generate public interest in the baseball program. Lambert explained that$450,000 had been budgeted in the City's Capital Improvement Plan for 2008 and the Association is asking that the City move this funding up in the Plan. The Baseball Association is concerned that their leadership will change and they will lose the momentum for the completion of this proposal. Lambert said he is suggesting that if the City does decide to have a referendum,they consider including money to be set-aside for projects that have matching funds. The Softball Association,the Soccer Association and the Football Association all want improvements made at Miller Park. If there is seed money funded for projects such as this,they may be able to provide other facilities at other fields. Lambert said he would recommend that they consider adding$3 million to a possible referendum as money for incentives for organizations that want to raise money for acquisition of land,trail construction, etc. and to be used for matching grants. Lambert said he feels this would be a good incentive program to have in the community. Brill asked if the Baseball Association has looked at other ways to raise the necessary funds for this proposed project. For example, grants from the Minnesota Twins or corporate sponsors. Morgan said they have not at this time. This is their first step and a Board member is working on encompassing fund raising, sponsorships, etc. Barrett asked what the total cost is for the project. Lambert responded that the cost is approximately$1 million with an additional $170,000 for dugouts and fencing, an additional $207,000 for a gatehouse and concrete plaza that is fenced. It is estimated that the entire project would cost$1.4 million. Lambert explained that the Association has raised approximately$250,000 and is asking the City to move the $450,000 in the CIP up several years and that the remaining funding come from park fees or a referendum. Gerst asked why this item was not included in the City's recent community survey. Lambert explained that this proposal was not presented to the City until about two weeks ago while the survey was done about three months ago. Jacobus said it appears that the Baseball Association has a very aggressive board and it is obvious that they want to get something done. He asked if there wasn't something they could do to find other ways to fund this project. Lambert explained that the Commission does not have to decide this evening whether or not the City would match the funds for this project or 113 PARKS, RECREATION AND NATURAL RESOURCES COMMISSION January 5, 2004 Page 3 from what budget the funding would come. He said the Commission could recommend to the City Council that they consider putting some funds aside in a referendum that would be used for park improvements that have matching funds from grants, donations, associations, etc. Then as the requests come in for the various projects they could look at how much money the City would have available for those projects and ask the organizations to raise the difference. Moriarity asked if it was necessary to build the dugouts at the same time the main portion of this project is built. Morgan responded that the dugouts would be part of the stadium, however, they could be constructed in a second phase. Moriarity pointed out that by waiting to build the dugouts,plaza and gatehouse they could save approximately $400,000. Lambert said the Association is willing to build this project in phases. It would probably take $1 million to build the basic structure. In response to a question from Moriarity, Morgan explained that funding is set aside each year for the Association's basic needs projects. Larson pointed out that this project will have seating for 600 and he questioned whether or not there would be adequate parking for this project. Lambert stated that there is a little over 900 parking spaces existing at Miller Park. Jacobus said he feels that one of the advantages of this project is that it would have City staff and the Athletic Association working closely together. The Association would be of assistance in designing such a facility because of their experience with baseball. Jacobus said he thinks it is a good idea to get everyone working together. Barrett said he would like to see strict guidelines established for the use of these matching funds. The organizations should be required to raise so much money before they can tap into this fund. Lambert explained that there would be plenty of time to establish guidelines. Also, it will be difficult for some organizations to raise a certain amount of funds. Each Association is so different and the facilities they may be requesting can also be very different. They may want to require a certain percentage of funding for a basic facility and require a higher percentage for more elaborate facilities. If this funding is included in a referendum they may have the opportunity to have something for everyone. If they have a referendum and have multiple questions for different things on it they are more unlikely to get any one of those questions passed. It has been almost 15 years since the City has had a referendum for park improvements. By adding $3 million or something like that on the referendum for park improvements it might get a wide support base. Moriarity said he is concerned that people may interpret it to mean that they have to raise half of the costs and he feels that this is something that should be clarified at a later time. Don Jacobson, 16440 Luther Way, said one of the things the Commission is missing out on is the revenue that will be generated at this facility. There will be a ticket booth at the plaza and with a capacity for 600 people they could possibly generate about $33,000 a year or $640,000 in 20 years. Jacobson said he is suggesting that they look at using the revenue stream for funding this project. Lambert said that is a good point and if the Association wants to fund the construction of the booth and fencing they can use the revenue generated from the games for paying for these projects over the years. I 714 PARKS, RECREATION AND NATURAL RESOURCES COMMISSION January 5,2004 Page 4 Motion: Barrett moved, seconded by Mackay,to recommend that the City Council consider providing funds in an upcoming referendum for park improvements that would be available for constructing public recreational facilities such as park shelters, concessions,public restrooms and other improvements to the park system, and that are partially funded through significant private donations. The motion carried 8-0. Barrett said he recommends that they have strict guidelines for the use of these funds. Lambert said the amount of private funding required would also depend on the number of people served by the project and on the cost of the project. VI. OLD BUSINESS A. Request from Soccer Association Lambert reported that the Eden Prairie Soccer Association requested that the City adopt an ordinance that would not allow dogs at Flying Cloud athletic fields. This Commission asked Staff to contact the various other Associations that use the fields to see if they have an opinion on the banning of dogs. Lambert further reported that the Baseball Association disagreed with the request. They feel that if the existing ordinance were enforced there would not be a problem. The Football Association does not support the request and also feels the existing ordinance should be enforced. The Girls Athletic Association agrees with the request and the Lacrosse Association has no strong opinion either way. Lambert said Staff has had some discussion with the Park Rangers about enforcing the regulation better and they indicated that there is no way they can do that when there are so many participants at this one location. If the dog is on a leash and still jumps on another bystander,there is nothing that can be done. Lambert said this is not a good location for allowing dogs due to the number of people (spectators) crowded between fields. It is a different type of activity than a neighborhood park. Ken Bomben, 9260 Kalus Circle, said he is the Director of the Eden Prairie Soccer Association. He explained that their biggest issue is the number of participants in the program and there is not a lot of spare space. The distance between the fields is minimal and one dog can impact several fields. He pointed out that the baseball and football fields have sidelines and have much better control because the dogs are further away from the players. Bomben explained that the reason for their request is because in previous years they have had numerous complaints from the parents in the program that dogs were leaving messes on the fields and were disruptive to the soccer games. Mackay asked if it would be possible to restrict dogs from the soccer fields but not from the baseball or football fields. Lambert said that would be almost impossible to enforce. Jacobus said he agrees with Bomben. There are between 500 and 750 kids and parents crammed onto these fields. He asked if it would be possible to restrict dogs at certain times and have the Soccer Association manage the process. Lambert said Staff would not support that. They would end up with the same problem of the dogs defecating on the fields. It would be much