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HomeMy WebLinkAboutCity Council - 06/15/2004 • AGENDA EDEN PRAIRIE CITY COUNCIL WORKSHOP/FORUM TUESDAY,JUNE 15,2004 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, Community Development Director Janet Jeremiah, City Attorney Ric Rosow, and Recorder Lorene McWaters Heritage Room II I. COUNCIL SALARIES II. PUBLIC HEARING PROCESS Council Chamber III. OPEN FORUM A. John Schmelzle and Michael Rush IV. OPEN PODIUM V. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL TUESDAY,JUNE 15,2004 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, Community Development Director Janet Jeremiah, City Attorney Ric Rosow and Council Recorder Theresa Brundage I. ROLL CALL/CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS V. MINUTES A. CITY COUNCIL WORKHSOP HELD TUESDAY,JUNE 1,2004 (p. 1) B. CITY COUNCIL MEETING HELD TUESDAY,JUNE 1,2004 (p. 5) VI. CONSENT CALENDAR A. CLERK'S LICENSE LIST (p. 12) B. WESTGATE OFFICE PARK by Klingelhutz Development Company. 2nd Reading for Zoning District Change from I-General to Office on 2.6 acres and Site Plan Review on 2.6 acres. Location: Current MNDot Right-of-way,North of Venture Lane. (Ordinance for Zoning District Change and Resolution for Site Plan Review) (p. 13) C. EDEN PRAIRIE TRANSFER STATION (BFI)by BFI. 2nd Reading for PUD District Review on 24.32 acres, Zoning District Amendment within the I-2 Zoning District on 24.32 acres, and Site Plan Review on 24.32 acres. Location: South of Pioneer Trail and East of Highway 212. (Ordinance for PUD District Review, Zoning District Amendment, and Resolution for Site Plan Review) (p. 35) D. ADOPT RESOLUTION APPROVING FINAL PLAT OF THE COLONY AT EDEN PRAIRIE (p. 55) CITY COUNCIL AGENDA June 15,2004 Page 2 E. DECLARE VEHICLES SCHEDULED FOR REPLACEMENT IN 2004 TO BE SURPLUS PROPERTY AND AUTHORIZE STAFF TO DISPOSE OF VEHICLES AT PUBLIC AUCTION AND/OR TRADE-IN (p. 58) F. APPROVE CHANGE ORDER NO.3 FOR CHARLSON AREA IMPROVEMENTS—PHASE II FROM INGRAM EXCAVATING.I.C. 02-5564 (p. 60) G. ADOPT THE GOLDEN TRIANGLE LAND USE/MULTIMODAL TRANSPORTATION EVALUATION AS AN ADVISORY TOOL WITH CONDITIONS (p. 62) H. ADOPT RESOLUTION AUTHORIZING DISPOSAL OF THREE PARCELS OF TAX-FORFEITED LAND (OUTLOT A,EDENVALE 14T11 ADDITION; OUTLOT A,MASSEE ADDITION; OUTLOT B,HIDDEN GLEN 31m) (p. 70) I. AWARD CONTRACT TO RECONDITION LIFT STATION NO.3 TO PARROT CONTRACTING,INC. (p. 76) J. AUTHORIZE ISSUANCE OF GRADING PERMIT TO C.H.ROBINSON FOR EXPANSION OF THE EXISTING PARKING LOT (p. 77) VII. PUBLIC HEARINGS/MEETINGS A. FLYING CLOUD MALL by Dennis Kleve. Request for Comprehensive Guide Plan Change from Industrial to Neighborhood Commercial on 2.96 acres,Planned Unit Development Concept Review on 2.96 acres,Rezoning from Commercial Highway to Neighborhood Commercial on.65 acres and rezoning from I-2 to Neighborhood Commercial on 2.31 acres,Preliminary Plat of 2.96 acres into 1 lot,and Site Plan Review on 2.96 acres. Location: Pioneer Trail and Highway 212. (Resolution for Guide Plan Change,Resolution for PUD Concept Review,Ordinance for PUD District Review, Zoning District Change,and Resolution for Preliminary Plat) (p. 79) B. GROOTWASSINK by Robert and Joan Grootwassink. Request for Planned Unit Development Concept Review on 7.88 acres,Planned Unit Development District Review and Zoning District Amendment in the Rural Zoning District on 7.88 acres, and Preliminary Plat of 7.88 acres into 2 lots. Location: 9999 Dell Road. (Resolution for PUD Concept Review,Ordinance for PUD District Review,Zoning District Amendment, and Resolution for Preliminary Plat) (p. 98) VIII. PAYMENT OF CLAIMS (p. 113) IX. ORDINANCES AND RESOLUTIONS X. PETITIONS,REQUESTS AND COMMUNICATIONS CITY COUNCIL AGENDA June 15,2004 Page 3 XI. REPORTS OF ADVISORY BOARDS&COMMISSIONS XII. APPOINTMENTS XIII. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER 1. Clean Indoor Air Task Force Report C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Upcoming Park Dedication Ceremonies (p. 123) E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XIV. OTHER BUSINESS XV. ADJOURNMENT -�r . A . UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL WORKSHOP/FORUM TUESDAY,JUNE 1,2004 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, Community Development Director Janet Jeremiah, City Attorney Ric Rosow,and Recorder Lorene McWaters I. EXTERIOR MAINTENANCE BUILDING CODE Kevin Schmieg,Manager of Building Inspections, distributed a draft proposed exterior building maintenance ordinance. Schmieg said City codes have historically been reactive;however,yen though currently there are not serious blight problems in the community,the City wants to be proactive for all types of properties. Schmieg said he believes the proactive development of maintenance codes will decrease the risk of blight; decrease the concentration of crime in certain neighborhoods; help achieve future gains in the quality of buildings; and help to maintain property values. Schmieg noted that neighborhood often set their own standards,and if even one building is allowed to fall into disrepair, surrounding occupants begin to let their buildings go. Schmieg said the proposed building maintenance ordinance is the City's attempt to supercede neighborhood standards. Schmieg said the age at which buildings regain rapid deterioration without proper maintenance is approximately 25 years. He noted that 90 of housing complaints in rental units are from buildings over 25 years old. The average age of single family home in Eden Prairie is 20 years; and the average age of our rental housing is 17.5 years. The progression of codes Schmieg envisions for building maintenance is as follows: • Rental housing codes • Exterior maintenance code • Rental housing licensure • "Truth in Housing"Point of Sale • Change of Occupancy and/or Conditional Use Permits The goal of a exterior building maintenance code would be to require the maintenance of buildings,fences, and other structures so that their physical condition does not detract from the surrounding neighborhood. Schmieg said there are typically several different types of building maintenance code violators,and they need to be handled differently. The types of violators typically seen include: • Those that choose not to maintain property(lifestyle choices) • Those that do not realize timely repairs are needed(procrastinators) • Those that do not realize that lack of repairs are an issue(social/cultural) • Those that do not have the wherewithal either physical,mental or financial to make repairs For violators who fall into the first three categories,the enforcement process would be as follows: • Identify defects and issue orders • Make the owner aware of assistance programs • Allow the owner reasonable time to make repairs with consideration for seasonal weather conditions • Issue citations to those who ignore correction orders For violators who do not have the wherewithal to make needed repairs,loan programs and social service assistance will be utilized. The City will use establish contacts with a variety of groups,including churches,boy and girl scout troops,and organizations like Habitat for Humanities. Mayor Tyra-Lukens asked if the City anticipates any resistance in getting a building maintenance code accepted. Schmieg said he does not anticipate difficulty since most buildings in the City are still in good condition. Schmieg said the building code can be used to address buildings that may come to the attention of the City through other avenues, such as party houses, abandoned residences,or buildings damaged by fire. Councilmember Mosman asked when an ordinance can be passed. Rosow said his office needs to flesh out the enforcement areas a bit,then it can be brought back to Council for action. Tyra-Lukens asked if a fine is sufficient penalty to alter the behavior of violators. Rosow said that although enforcement is initially pursued through civil action,cases can be criminally prosecuted as a last resort. Councilmember Butcher said the timing for this type of ordinance is good, since Eden Prairie's housing stock is aging. She said passage of a code is clearly the right thing for the Council to do. a II. OPEN FORUM Dale Johnson said he recently purchased a house on Valley Road in Eden Prairie. He is concerned because the City does not maintain the last 200 feet of the road leading to his house. In addition,he is concerned about drainage coming off of Hilltop Road that is causing erosion and has created a huge crater in one neighbor's yard. He said he has been told by the City that he is responsible for bringing the road up to grade. He said the City has indicated they would plow an improved road, but it is his responsibility to maintain it. He wants to know why he must pay for the upgrade when there are neighbors bordering the road on both sides and there is other traffic on the road, either from people who are lost or are just coming back to check out the area. Mayor Tyra-Lukens asked Gene Dietz to share any background information he has on Valley Road. Dietz said the final 200 feet of Valley Road is, in fact, considered part of the driveway on Mr. Johnson's property even though part of it is in the right-of-way. Therefore,upkeep of it is the homeowner's responsibility. Dietz said the City had offered the previous homeowner the opportunity to have the City provide the labor to upgrade the road if the homeowner paid for the materials and use of equipment. At that time,Dietz estimated the cost to upgrade that portion of the road was $2,000. Dietz pointed out that utilities and sewers have not been installed in this area yet. He said the time is probably right to do a public works project in the area;however, Council has had a precedent of requiring a petition signed by 50%of residents before they will order a feasibility study. He noted Council does have the ability to initiate a project by a 4/5ths vote. Dietz said that in his opinion this area does need an improvement project to upgrade it to urban standards. He warned that even if a feasibility study is conducted, a project could not be initiated until next spring. Dietz said that although there are other properties adjacent to the 200' feet of road Mr. Johnson is concerned about; Johnson's property is the only one with access to that portion of the road. Dietz said there is a 12" culvert on Hilltop Road,but that it is no longer adequate. He said a storm sewer system directed toward the creek is needed. Dietz said this is a much bigger issue than just Mr. Johnson's portion of Valley Road. Mayor Tyra-Lukens said it appearsn to be an issue of whether or not the area residents want road and sewer improvements. Dietz added that the drainage damage is also a safety issue as well. Another area resident told Council he noticed that the rate of erosion increased noticeably after Riley Creek Ridge was built. Tyra-Lukens asked Dietz to investigate this issue. Dietz said he would look into the matter and added that staff will be happy to meet with neighborhood residents and provide information on how to get a petitioning process started. 3 M. OPEN PODIUM Jeff Strate said he was concerned about Council Agenda Item VI E,which addresses three tax forfeit parcels of land. Strate said he spoke with Stu Fox and learned that one of the parcels is at the end of Michele Lane in the Edenvale area. Fox indicated that the City can't use it as a park area because it adjoins a property that may be developed. Strate said that if this was an outlot that was set aside in the 70s, it shouldn't be disposed of. Strate asked Council to pull this item from the agenda since there will still be time for Hennepin County to consider it for auction next fall. IV. ADJOURNMENT UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY,JUNE 1, 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, Community Development Director Janet Jeremiah, 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 Tyra-Lukens announced that the City Council provides an Open Forum opportunity for Eden Prairie citizens to address the Council on issues related to Eden Prairie city government on the first and third Tuesday of each month from 6:30-6:50 p.m. in the Council Chambers immediately prior to the start of the City Council's regularly scheduled meetings. She said Open Forum is reserved for scheduled participants and if you wish to speak to the Council during Open Forum,please contact Ms. Lorene McWaters in the City Manager's office by calling 952.949.8412 by noon of the meeting date with your name and the subject matter you wish to address. Tyra-Lukens said the Council also provides an impromptu,unscheduled Open Podium opportunity for citizens to address the Council concerning issues related to Eden Prairie city government from 6:50 to 7:00 p.m. immediately following Open Forum. She said Open Forum and Open Podium are not recorded or televised and the City Council reserves the right to adjust the time allocations for Open Forum and Open Podium. If you have questions about the process or procedures of Open Forum or Open Podium,please contact the City Manager's office. IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Tyra-Lukens added a report on Southwest Metro Transit and discussion on Walkable Communities Project under Reports of Councilmembers. Neal requested that Item VI.E. be put off until the next council meeting.Mosman added a report on elected officials' pay under Reports of Councilmembers. MOTION: Butcher moved, seconded by Young,to approve the agenda as published and amended. Motion carried 5-0. 5 CITY COUNCIL MINUTES June 1,2004 Page 2 V. MINUTES A. CITY COUNCIL MEETING HELD TUESDAY,MAY 18,2004 MOTION:Mosman moved, seconded by Young,to approve the Minutes of the City Council Meeting held Tuesday,May 18,2004. Motion carried 4-0 with 1 abstention. VI. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. APPROVE 2ND READING OF ORDINANCE NO. 14-2004 AMENDING SECTION 11.70 REGARDING GRADING,VARIANCES AND NON- CONFORMING USES IN A SHORELAND AREA AND ADOPT RESOLUTION NO. 2004-85 APPROVING SUMMARY ORDINANCE FOR PUBLICATION C. RECEIVE FEASIBILITY STUDY FOR HIDDEN PONDS TRAIL AND POND IMPROVEMENTS AND SET PUBLIC HEARING,I.C. 03-5606 D. ADOPT RESOLUTION NO.2004-86 RECEIVING FEASIBILITY STUDY1 APPROVING PLANS AND SPECIFICATIONS,AND ORDERING ADVERTISEMENT FOR BIDS FOR COLUMBINE ROAD IMPROVEMENTS, I.C. 52-130 E. ADOPT RESOLUTION AUTHORIZING DISPOSAL OF THREE PARCELS OF TAX FORFEITED LAND (OUTLOT A,EDENVALE 14TH; OUTLOT At MASSEY ADDITION; OUTLOT B HIDDEN GLEN 3") F. AUTHORIZE EXECUTION OF A PURCHASE AGREEMENT FOR SALE OF CITY-OWNED PROPERTIES TRACTS A,B AND C,REGISTERED LAND SURVEY 423,TO NORTH AMERICAN PROPERTIES G. ADOPT RESOLUTION NO. 2004-87 ESTABLISHING POLLING PLACES H. ADOPT RESOLUTION NO. 2004-88 PROPOSING A MULTI-FAMILY HOUSING DEVELOPMENT PROJECT AND INDICATING PRELIMINARY INTENT TO ASSIST THE FINANCING OF THE PROJECT (BROADMOOR) I. ADOPT RESOLUTION NO. 2004-89 DECLARING"ABANDONED PROPERTY" J. APPROVE THE SECOND AMENDED PROJECT MANAGEMENT AGREEMENT BETWEEN THE CITY OF EDEN PRAIRIE AND SC MINNESOTA PROPERTIES CONCERNING SUMMIT PLACE 6 CITY COUNCIL MINUTES June 1,2004 Page 3 K. APPROVE CONTRACT WITH ADMINISTRATION RESOURCES CORPORATION(ARC)TO ACT AS THIRD PARTY ADMINISTRATOR FOR FORMER EMPLOYEES WITH CONTINUED BENEFIT COVERAGE L. APROVE MINNESOTA REPOSITORY ARREST PHOTOS ACCESS AGREEMENT WITH THE STATE OF MINNESOTA,DEPARTMENT OF PUBLIC SAFETY,BUREAU OF CRIMINAL APPREHENSION M. DIRECT STAFF TO NOT WAIVE MONETARY LIMITS ON MUNICIPAL TORT LIABILITY ESTABLISHED BY MN STATUTE 4 466.04 N. AWARD CONTRACT FOR RIGHT TURN LANE AND TRAIL CONSTRUCTION AT ANDERSON LAKES PARKWAY AND FRANLO ROAD TO BITIMINOUS ROADWAY,INC.,I.C. 01-5525 MOTION: Butcher moved,seconded by Mosman,to approve Items A-N of the Consent Calendar,with the exception of Item E. Tyra-Lukens said she would hope that some of the ideas from the Walkable Communities Workshop could be built in to Item D.Motion carried 5-0. VII. PUBLIC HEARINGS/MEETINGS A. VACATION OF DRAINAGE AND UTILITY EASEMENTS OVER PART OF HENNEPIN VILLAGE,VACATION 04-07 (Resolution No.2004-90) City Manager Scott Neal said official notice of this public hearing was published in the May 6, 2004,Eden Prairie Sun Current.He said the property owner has requested this vacation to correct an error in the description provided for a previous vacation(VAC. 03-09,Resolution 2004-21). A triplex unit,to be constructed on Lots 11-13,Block 3, was errantly indicated on Lots 13-15,resulting in the vacation of a needed easement and the retainage of an easement that should have been vacated. Neal said this request will remove the easement on the common line of Lots 12 and 13. The property owner has agreed to provide a document to establish a replacement easement on the common line of Lot s 13 and 14. This document will be recorded concurrently with recording this vacation. There were no comments from the public. MOTION: Case moved, seconded by Young,to close the public hearing and adopt the resolution vacating the drainage and utility easements over part of Hennepin Village. Motion carried 5-0. B. PART II WELLHEAD PROTECTION PLAN,I.C. 05-5515 City Manager Scott Neal said official notice of this public hearing was published in the May 13,2004,Eden Prairie Sun Current and sent to one property owner. The WHPP is CITY COUNCIL MINUTES June 1,2004 Page 4 intended to provide the City with a comprehensive plan to provide us with the basis to protect our wellhead area from contamination while meeting the requirements of the Federal Safe Drinking Water Act and the Minnesota Groundwater Protection Act. Neal said the act provides that an opportunity be given to the public to provide input into the final plan. The City currently operates a total of 13 groundwater wells. One well was removed for construction of Highway 312. He said after closure of the public comment period,the Wellhead Protection Plan will be brought to Council for final approval and adoption. The Community Planning Board voted 5 to 0 to recommend approval of the Part II Wellhead Protection Plan at the May 10,2004 meeting. Neal introduced Environmental Coordinator Leslie Stovring who gave a presentation on the plan. She explained that the plan is used to define the wellhead area of the city and look at what can be done to prevent contaminants from entering the water supply. She said the plan is intended to set up goals to evaluate with respect to the city's groundwater. She said Minnetonka is in the same aquifer area. Stovring said the city has 13 wells located in the Prairie du Chien and Jordan Bedrock Aquifer and they lie 381 to 470 feet deep. She said the Minnesota Department of Health found an element called tritium, a radioactive isotope,in the city's water and has determined the groundwater is vulnerable to contamination. Stovring showed the 9,964 acres of the drinking water supply management area, including a vulnerability assessment area. She said there are no highly vulnerable areas in the emergency management zone—all area low to moderate. She said the highly vulnerable areas are fairly clean with no known release sites such as dumps,leaking underground storage tanks and no toxic release sites or national discharge sites. She said there are three septic systems on the east side that are near the highly vulnerable area and also a few private wells that are planned to be closed.Also found was a hazardous waste generator on a residential property and a former gravel pit. Butcher asked if tritium is an indicator for recharge in water. She also asked why the Prairie du Chien aquifer recharged so quickly. Stovring said part of it is because there are gaps and fissures in areas.Butcher said the landfill is located above the Prairie du Chien aquifer and there is concern that it would affect the aquifer, and asked if there was any indication that there was anything from the landfill. Stovring said extensive groundwater measurements have been done and the discharge direction is south and not toward the well field which is a good distance away from the landfill. Case asked how many wells are in the Joran aquifer. Stovring said there are 4 wells in the Jordan aquifer,but Mt. Simon is considered the backup aquifer.Dietz said Mt. Simon is about 800 feet deep. Case asked about the process for drilling and also closing private wells. Stovring said you cannot deny a person from putting in a well,however through the Department of Health, you can keep a certain type of use from coming into an area. CITY COUNCIL MINUTES June 1,2004 Page 5 Mosman asked where Minnetonka is in this plan's process. Stovring said they have finished the modeling and mapping and it has been approved and they are in the process of finishing Part 2. Tyra-Lukens asked if the airport area is part of this wellhead area. Stovring said it is outside of the wellhead protection area and on the other side of the river from other cities like Shakopee so she would assume they would discharge to the river like the cities do. There were no comments from the public. MOTION: Butcher moved, seconded by Case, to close the public hearing and approve the final draft of the"City of Eden Prairie Wellhead Protection Plan." Motion carried 5-0. VIII. PAYMENT OF CLAIMS MOTION: Young moved, seconded by Case, to approve the Payment of Claims. The motion was approved on a roll call vote,with Butcher, Case, Mosman,Young and Tyra-Lukens voting"aye." IX. ORDINANCES AND RESOLUTIONS X. PETITIONS,REQUESTS AND COMMUNICATIONS XI. REPORTS OF ADVISORY BOARDS & COMMISSIONS XII. APPOINTMENTS XIII. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. State Legislation Relating to Airports—Councilmember Mosman (Resolution No. 2004-91) The legislation introduced in the 2003-2004 Minnesota Legislative session does not provide the State of Minnesota Transportation Commissioner the opportunity to appoint any local government elected officials to the Advisory Council that will be created, if this legislation is passed, that would represent reliever airport host communities. The Advisory Council will be charged with reviewing airport zoning provisions and to revise the state aviation plan that will analyze the projected aviation needs of the state for the next 20 years. Mosman said she attended a meeting where residents were concerned about representation on the 20-year transportation plan. She said David Hann and Erik l CITY COUNCIL MINUTES June 1,2004 Page 6 Paulsen are aware of the concerns and asked for backing to see that this is what the city is asking for. Mosman said she is concerned about not giving reliever airports an increasingly important role in this as they may come up with a totally different conclusion on what the priorities are. Therefore, she suggested changing the wording of the resolution, 4th paragraph, deleting the words "increasingly important." Neal noted that it would be the intent, after this resolution is adopted,to provide it to all of the state elected officials that represent Eden Prairie and also to provide it to the mayors of the reliever airport communities. MOTION: Mosman moved, seconded by Butcher, to adopt a Resolution supporting amendment of proposed state legislation(House File 2143 and Senate File 2709) concerning airport zoning provisions by appointing an Eden Prairie elected official as a member of the proposed Advisory Council that will be charged with revising the state aviation plan,with the deletion of the words "increasingly important" in the fourth paragraph, second line. Motion carried 5-0. Tyra-Lukens reported that surveys were conducted recently to find out what citizens like or dislike about Southwest Metro and how Southwest Metro can better service the community. She said Southwest Metro is in the process of procuring up to 8 new buses at nearly$450,000 each, and 80 percent of the funding will come from federal CMAC funds and 20 percent from a local match, generally the Metropolitan Council. She also reported that Southwest Metro has purchased a 1947 GMC Coach and hopes to have it on the road by July 4. Tyra-Lukens also announced Southwest Metro will provide transportation to the State Fair from Eden Prairie Mall,to the Aquatennial Parade, and to Friday night Minnesota Twins games. She said there are also special destinations through the summer such as the Mall of America, area museums and the Como Zoo. Tyra-Lukens requested a summary of ideas and a synopsis of what was learned at the Walkable Communities Workshop. Mosman said a survey was done on elected officials' pay, comparing Eden Prairie with neighboring communities, and Eden Prairie is quite low in comparison to other comparable communities. She said she asked Neal if there could be discussion on consideration of adjusting the salaries of elected officials at one of the next workshops. Neal said it can be scheduled and discussed at the next workshop on June 17. Tyra-Lukens noted that if there is action on this, it needs to be done by the next election in order to take effect January 1. CITY COUNCIL MINUTES June 1,2004 Page 7 B. REPORT OF CITY MANAGER 1. 2003 Comprehensive Annual Financial Report(CAFR) Minnesota Statutes require that by June 30 of each year,the City prepare a financial report for activities of the previous year. This accounting report will be forwarded to the State by that deadline. Preparation of the report is largely the work of the Finance Department. The report is prepared with review by the independent auditing firm of Kern,DeWenter,Viere,Ltd. Neal introduced Steve Wischmann,Partner in the accounting firm,who made a presentation of the 2003 audit results. Wischmann said the General Fund is in very healthy financial condition.He said there will be a significant drop in the Debt Service Schedule in 2009 because there will be revenue bonds that will be paid in full in 2008.He said in the Enterprise Fund Operations,including Utilities, Storm Drainage, and Liquor operations,revenues have exceeded expenditures. Wischmann said compliance with Minnesota statutes showed no findings that required reporting. He congratulated the City on successfully implementing Gasby Statement 34 that presents the report in a new way. MOTION: Case moved, seconded by Mosman, to accept the 2003 Comprehensive Annual Financial Report(CAFR). Motion carried 5-0. C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XIV. OTHER BUSINESS XV. ADJOURNMENT MOTION: Butcher moved, seconded by Mosman, to adjourn the meeting. Motion carried 5-0. Mayor Tyra-Lukens adjourned the meeting at 7:49 p.m. I ' CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 15,2004 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. Raffle Organization: Children's Cancer Research Fund Place: Bent Creek Golf Course Date: July 26,2004 Amendment to Liquor License 2AM Closing Permit Renewal Champps Operating Corporation DBA: Champps Restaurant and Bar Redstone American Grill, Inc. DBA: Redstone American Grill New Liquor License On-Sale & Sunday Liquor Licensee name: Eden Prairie Jakes, Inc Dba: Epic New Liquor License On-Sale Wine with Strong Beer&3.2 Beer Z-Port Development, Inc. DBA: Zyng Asian Grill - 17 CITY COUNCIL AGENDA DATE: 06/15/04 SECTION: Consent Agenda DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development/Planning Janet Jeremiah Westgate Office Park B Danette Moore Requested Action Move to: • Approve 2nd Reading of the Ordinance for Zoning District Change from I-General to Office on 2.6 acres; and • Adopt the Resolution for Site Plan Review on 2.6 acres; and • Approve the Development Agreement for Westgate Office Park; and • Approve and Authorize Issuance of a Grading Permit for Westgate Office Park, subject to release by the City Engineer upon determination that the final contract documents conform to plans stamp dated June 9, 2004, as approved by the City Council. Synopsis This is for three town office buildings, with a total of ten units. The total square footage of the buildings are 24,400 sq. ft. Attachments 1. Ordinance for Zoning District Change 2. Resolution for Site Plan Review 3. Development Agreement 1 3 WESTGATE OFFICE PARK CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND ADOPTING BY REFERENCE CITY CODE CHAPTER 11 AND SECTION 11.99 WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land")is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the I-General District and be placed in the Office District. Section 3. The proposal is hereby adopted and the land shall be, and hereby is removed from the I-General District and shall be included hereafter in the Office District, and the legal descriptions of land in each District referred to in City Code Section 11.03, Subdivisionl, Subparagraph B, shall be, and are amended accordingly. Section 4. City Code Chapter 1, entitled"General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99, "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of June 15, 2004, entered into between Klingelhutz Development Company and the City of Eden Prairie, and which Agreement are hereby made a part hereof. Section 6. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 4th day of May, 2004, 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 15th day of June, 2004. ATTEST: Kathleen A. Porta, City Clerk Nancy Tyra-Lukens,Mayor PUBLISHED in the Eden Prairie Sun Current on EXHIBIT A Legal Description -Westgate Office Park Legal Description Before Final Nat That part of the south 300.00 feet of the southwest quarter of the southwest quarter of Section 9, Township 116,Range 22,Hennepin County,Minnesota,lying east of the west 742.00 feet and lying northerly of the northerly boundary of Minnesota Department of Transportation Right of Way Plat numbered 27-83 as the same is on file and of record in the office of the County Recorder in and for said Hennepin County,Minnesota. Legal Description After Final Plat Lot 1 To 4,Block 1,Westgate Office Park,Hennepin County,Minnesota. I WESTGATE OFFICE PARK CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2004- A RESOLUTION GRANTING SITE PLAN APPROVAL FOR WESTGATE OFFICE PARK BY KLINGELHUTZ DEVELOPMENT COMPANY WHEREAS, Klingelhutz Development Company, has applied for Site Plan approval of Westgate Office Park for 10 condominium-office units in three buildings,by an Ordinance approved by the City Council on June 15, 2004; and WHEREAS, the Community Planning Board reviewed said application at a public hearing at its April 12, 2004 meeting and recommended approval of said site plans; and WHEREAS, the City Council has reviewed said application at a public hearing at its May 4, 2004 meeting. NOW, THEREFORE,BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval be granted to Westgate Office Park based on the developer agreement between Klingelhutz Development Company and the City of Eden Prairie, reviewed and approved by the City Council on June 15, 2004. ADOPTED by the City Council of the City of Eden Prairie this 15th day of June, 2004. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen A. Porta, City Clerk DEVELOPMENT AGREEMENT WESTGATE OFFICE PARK THIS DEVELOPMENT AGREEMENT ("Agreement") is entered into as of June 15, 2004, by Klingelhutz Development Company,a Minnesota corporation,hereinafter referred to as"Developer,"its successors and assigns, and the CITY OF EDEN PRAIRIE, a municipal corporation,hereinafter referred to as "City": WITNESSETH: WHEREAS,Developer has applied to City for Guide Plan Change from Low Density Residential to Office on 2.6 acres, Zoning District Change from I-General to Office 2.6acres, Site Plan Review on 2.6 acres, and Preliminary Plat of 2.6 acres into 4 lots,legally described on Exhibit A(the"Property"); NOW, THEREFORE, in consideration of the City adopting Resolution No.2004-73 for Guide Plan Change,Ordinance No. Zoning District Change from I-General to Office on 2.6 acres, Resolution No. for Site Plan Review, and Resolution No. 2004-74for 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 June 9,2004,reviewed and approved by the City Council on May 4,2004, (hereinafter the "Plans") and identified on Exhibit B, subject to such changes and modifications as provided herein. 2. EXHIBIT C: Developer agrees to the terms, covenants, agreements, and conditions set forth in Exhibit C. 3. CONNECTION FEES: Prior to the release of a final plat for any portion of the Property, Developer shall pay watermain connection fees in the total amount of$31,971.80. I -1- • 4. CROSS ACCESS, PARKING, UTILITIES USE AND MAINTENANCE AGREEMENT: Prior to release of the final plat for any portion of the Property, the Developer shall provide to the City Engineer, and receive the City Engineer's written approval of a executed cross access,parking and utilities use and maintenance agreement over proposed Lot 4, Block 1, Westgate Office Park. This agreement shall address joint vehicle access and maintenance in parking areas and driveways and use and maintenance of private sanitary sewer,water,storm sewer,and ponding areas. All of these facilities shall be privately owned and maintained by.the Developer or Owner. Prior to the release of the first building permit for the Property,Developer shall submit to the City Engineer proof that the Agreement has been recorded in the Hennepin County Recorder's office/Registrars of Titles'Office,and is a valid enforceable agreement against all current owners of any portion of the property. 5. 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. • 6. 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. ' • 7. 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. 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 l 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 s ubmit 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. 9. GRADING IN THE WOODED AREAS ON SITE: Prior to grading within any of the wooded areas on the Property, delineated on Exhibit B,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. 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. ' 9 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. 11. 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 fmal landscape plan for the Property depicting a total of 489 caliper inches. The approved landscape plan shall be consistent with the quantity,type,and size of plant materials shown on the landscape plan on the Plans. Developer shall furnish to the City Planner and receive the City Planner's approval of a landscape bond equal to 150% of the cost of said improvements as required by City Code. Prior to issuance of any occupancy permit for the Property, Developer shall complete implementation of the approved landscape plan in accordance with the terms and conditions of Exhibit C. 12. MECHANICAL EQUIPMENT SCREENING: Developer shall submit to the City . Planner,and receive the City Planner's written approval of a plan for screening of mechanical 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. 13. OUTSIDE STORAGE: Developer shall not permit on the Property any outside storage of inoperable automobiles, automobile parts, equipment,inventory or refuse. 14. 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. 15. RETAINING WALLS: Prior to issuance by the City of any building permit for 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. 16. SIDEWALK AND TRAIL CONSTRUCTION: Prior to issuance by City of any building permit on the Property, Developer shall submit to the Director of Parks and Recreation Services and obtain the Director's written approval of detailed plans for sidewalks and trails to be constructed on the Property. Developer shall convey a ccess e asements for such sidewalks and trails in such locations as determined by the Director of Parks and Recreation Services. Sidewalks and trails shall be constructed in the locations as outlined in Exhibit B. Prior to the release of the first building permit for the Property,Developer shall submit to the Director of Parks and Recreation Services proof that the easements have been recorded in the Hennepin County Recorder's office/Registrars of Titles' Office, and is a valid enforceable agreement against all current owners of any portion of the property. 17. SIGNS: Developer agrees that for each sign which requires a permit by Eden Prairie City Code,Section 11.70,Developer shall file with the City Planner and receive the City Planner's • written approval of an application for a sign permit. The application shall include a complete description of the sign and a sketch showing the size,location,the manner of construction, and other such information as necessary to inform the City of the kind, size,material construction,and location of any such sign,consistent with the sign plan shown on the Plans and in accordance with the requirements of City Code, Section 11.70, Subdivision 5a. • 18. SITE LIGHTING: Prior to building permit issuance,Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for 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. 19. STREET AND UTILITY PLANS: Prior to issuance by the City of any permit for the construction of utilities for the Property,Developer shall submit to the City Engineer, and obtain the City Engineer's written approval of plans for public sanitary sewer. 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. 20. TRASH ENCLOSURE: Developer has submitted to the City Planner, and obtained the City Planner's written approval of a plan for the design and construction of the outside trash enclosure for the Property. 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. Developer shall complete implementation of the trash enclosure plan prior to issuance of any occupancy permit for the Property. 21. TRAVEL DEMAND MANAGEMENT PLAN: Prior to issuance of the building permit for the Property, Developer shall submit to the Traffic Engineer and receive the Traffic Engineer's approval of a Travel Demand Management(TDM)Plan. The Developer shall implement the TDM Plan at the site to help reduce traffic congestion. Prior to issuance of the building permit for the Property, Developer shall furnish to the Traffic Engineer and receive the Traffic Engineer's approval of a TDM performance bond, cash escrow, letter of credit with a corporation approved by the City Manager or other guarantee acceptable to the City Manager equal to 100% of the cost ($5,000) of implementing the first two (2) years of the TDM Plan. The Developer shall initiate implementation of the T DM P lan, including a ctive m arketing t o its employees and a 11 building tenants and their employees one month after 50%of the units on the Property have been sold. In order to enable the City to determine when the Property has achieved the above sales,the City will consider any unit that has been issued an interior finishing building permit as being sold. The bond, cash escrow, letter of credit or other guarantee will be reduced to the Developer on a "draw-down" basis, in the following manner: A. The City will consider reduction or release of the performance bond,cash escrow,letter of credit or other guarantee at the following times: - Upon completion of items associated with plan start up. - After 1 calendar year of TDM plan implementation - After 2 calendar years of TDM plan implementation and completion of the plan evaluation. B. To request a reduction or release of the performance bond,cash escrow,letter of credit or other guarantee the Developer shall submit to the Traffic Engineer a letter requesting a reduction and a summary of the TDM activities completed to date. A summary of the required information can be obtained from the Traffic Engineer upon request. C. The City shall have 30 business days to review requests for reduction or release of the performance bond,cash escrow,letter of credit or other guarantee and provide indication of approval or objection to any part of the request. 22. TREE LOSS -TREE REPLACEMENT: There are 486 diameter inches of significant trees on the Property. Tree replacement required is 397 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 397caliper 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. KLINGELHUTZ DEVELOPMENT CITY OF EDEN PRAIRIE CORPORATION By ^ /432.9 By Its '7 ---; 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 ) -iiThe foregoing instrument was acknowledged before me this 8 day of J r 2 , 2004,by —cow. Xei\avn c , the -v-es,cl ev 4 , of 1ing04,u-sZ Dcvte1oe1/4,..ev r C . , a Minnesota C.ov ro4-a ;a n , on behalf of the Cor,Pora3r;o-v. . 1 �c�na�v ".. TERRY L SCHNEIDER Notary Pu — Notary Pub is >e,� ,L>` My Comm s 10 Expkw jm.31.2005 EXHIBIT A DEVELOPMENT AGREEMENT —WESTGATE OFFICE PARK Legal Description Before Final Plat That part of the south 300.00 feet of the southwest quarter of the southwest quarter of Section 9, Township 116,Range 22, Hennepin County, Minnesota, lying east of the west 742.00 feet and lying northerly of the northerly boundary of Minnesota Department of Transportation Right of Way Plat numbered 27-83 as the same is on file and of record in the office of the County Recorder in and for said Hennepin County, Minnesota. Legal Description After Final Plat Lot 1 To 4, Block 1, Westgate Office Park, Hennepin County,Minnesota. • Exhibit B Preliminary Plat dated 4/5/04 by E.G. Rud & Sons, Inc. Existing Conditions and Tree Location Survey dated 2/13/04 by E.G. Rud & Sons, Inc. Site Plan dated 3/24/04 by Plowe Engineering, Inc. Preliminary Grading, Drainage, and Erosion Control Plan dated 3/24/04 by Plowe Engineering, Inc. Preliminary Utility Plan dated 4/19/04 by Plowe Engineering, Inc. Performance Specifications dated 4/15/04 by Mohagen Hanson Architectural Group Window and Door Types dated 4/15/04 by Mohagen Hanson Architectural Group Architectural Site Plan dated 4/15/04 by Mohagen Hanson Architectural Group Landscape Plan dated 4/15/04 and revised 5/26/04 by Mohagen Hanson Architectural Group Site Plan Lighting dated 4/15/04 by Mohagen Hanson Architectural Group Site Details and Signage dated 4/15/04 by Mohagen Hanson Architectural Group Tripple 48' Walkout Bldg. A Floor Plans dated 4/15/04 by Mohagen Hanson Architectural Group Quad 48' Walkout Bldg. B Floor Plans dated 4/15/04 by Mohagen Hanson Architectural Group Tripple 48' Walkout Bldg. A Exterior Elevations dated 4/15/04 by Mohagen Hanson Architectural Group Quad 48' Walkout Bldg. B Exterior Elevations dated 4/15/04 by Mohagen Hanson Architectural Group Exterior Building Sections dated 4/15/04 by Mohagen Hanson Architectural Group Exterior Details dated 4/15/04 by Mohagen Hanson Architectural Group General Notes Page dated 3/30/04 by Ulteig Engineers, Inc. Triple 48'-0"Foundation/Main Floor Layout dated 3/30/04 by Ulteig Engineers,Inc. Triple 48'-0"Loft/Roof Layout dated 3/30/04 by Ulteig Engineers, Inc. Quad 48'-0"Foundation/Main Floor Layout dated 3/30/04 by Ulteig Engineers,Inc. Quad 48'-0"Loft/Roof Layout dated 3/30/04 by Ulteig Engineers, Inc. Sections and Details dated 3/30/04 by Ulteig Engineers,Inc. EXHIBIT C DEVELOPMENT AGREEMENT — WESTGATE OFFICE PARK 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 the Property and the Owners, their successors and assigns of the Property. VI. The Developer hereby irrevocably nominates, constitutes, and appoints and designates the City as its attorney-in-fact for the sole purpose and right to amend Exhibit A hereto to identify the legal description of the Property after platting thereof. VII. Developer represents that it has marketable fee title to the Property, except: With respect to any interest in all portions of the Property which Developer is required, pursuant to this Agreement, to dedicate or convey to the City (the "Dedicated Property"), Developer represents and warrants as follows now and at the time of dedication or conveyance: A. That Developer has marketable fee title free and clear of all mortgages(except for a first mortgage construction loan from Voyager Bank of Eden Prairie,MN),liens,and other encumbrances. Prior to final plat approval,Developer shall provide to the City a current title insurance policy insuring such a condition of title. B. That Developer has not used, employed, deposited, stored, disposed of, placed or otherwise allowed to come in or on the Dedicated Property,any hazardous substance, hazardous waste, pollutant, or contaminant, including,but not 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 to the best of its knowledge, no previous owner, operator or possessor of the Property deposited, stored, disposed of, placed or otherwise allowed in or on the Property any hazardous substances. 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 m ade h erein, C ity m ay b e without an adequate remedy a t 1 aw. Developer agrees,therefore,that in the event Developer violates,fails,or refuses to perform any covenant, condition, or provision made herein, City may, at its option, institute and prosecute an action to specifically enforce such covenant, withhold building permits or rescind or revoke any approvals granted by the City. No remedy conferred in this agreement • • is intended to be exclusive and each shall be cumulative and shall be in addition to every 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 o n the Property until all requirements 1 isted 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 V2 by 6 inch sign or decal reading "Scenic/Conservation Easement Boundary,City of Eden Prairie",will be affixed to the top of the post. XIX. Within 10 days of the approval of the Development Agreement,the Developer shall record the Development Agreement at the County Recorder and/or Registrar of Titles. The final plat shall not be released until proof of filing of the Development Agreement is submitted to the City. EXHIBIT D DEVELOPMENT AGREEMENT—WESTGATE OFFICE PARK EROSION CONTROL POLICY-AUGUST 1, 1997 1. All construction projects permitted by the City of Eden Prairie which results in the temporary disturbance of vegetative or non-vegetative surfaces protecting soils from erosion require the use of Best Management Practices (BMP's) as outlined in the Minnesota Pollution Control Agency's manual,Protecting Water Quality in Urban Areas,to mitigate the impact of erosion on wetland and water resources. The City Engineer or the Director of Inspections may impose special conditions to permits which stipulate erosion control procedures and/or direct the installation of erosion control features or the clean up of erosion at construction sites. Permits affected by this policy include all grading permits,building permits,and permits for the installation of utilities. 2. All erosion control systems stipulated in the permit application shall be installed prior to the issuance of the permit. Supplemental erosion control systems ordered by the City Engineer or the Director of Inspections shall be installed within 48 hours of that order. 3. The applicant must maintain all erosion control systems in a functional condition until the completion of turf and/or structural surfaces, which protect the soil from erosion. The applicant must inspect erosion control biweekly and immediately after each rainfall event of .5 inches or more. Needed maintenance shall be performed within 48 hours. 4. Best Management Practices(BMP's)shall be utilized at all construction sites to minimize the trackage or spillage of soil on public streets or highways. BMP's may include,but are not limited to,rock construction entrances,washing stations,frequent cleaning of streets adjacent to the construction site or limiting operations when site conditions are unmanageable. Trackage or spillage of soil on a public street or highway must be cleaned by power sweepers within the time frame stipulated in the permit special conditions or as ordered by the City Engineer or the Director of Inspections. 5. If erosion breaches the perimeter of a construction site, the applicant shall immediately develop a clean up and restoration plans, obtain the right-of-entry from the adjoining property owner, and implement the clean up and a restoration plan within 48 hours of obtaining the adjoining property owner's permission. In the event eroded soils enter onto or are tracked or spilled on a public street,highway,sidewalk or trail,the applicant shall remove the soil material and thoroughly sweep the street or sidewalk surface within four hours. If eroded soils enter,or entrance appears imminent,into wetlands or other water bodies,clean up and repair shall be immediate. The applicant shall provide all traffic control and flagging required to protect the traveling public during the clean up operations. 6. When an applicant fails to conform to any provision of this policy within the time stipulated in a written notification,the City may take the following actions: • a. Withhold the scheduling of inspections and/or the issuance of a Certificate of Occupancy or other approvals. b. Direct the correction of the deficiency by City personnel or separate contract. c. Withhold the issuance of building permits d. At its option,institute and prosecute an action to enjoin violations of this Agreement and/or an action to specifically enforce performance of this Agreement The issuance of a permit constitutes a right-of-entry for the City or its contractor to enter upon the construction site for the purpose of correcting deficiencies in erosion control. All costs, including but not limited to, attorneys' fees and engineering fees incurred by the City in correcting erosion control deficiencies or enforcing this policy shall be reimbursed by the applicant. All invoices for erosion control correction shall be due and payable within 30 days. Invoices not paid within 30 days shall accrue interest at a rate of 1%per month or the highest legal rate. Each charge for correction of erosion deficiencies shall be a lien upon the property to which the permit applies. Invoices more than 30 days old on September 30 or any year or on any other date as determined by the City Engineer or the Director of Inspections may be assessed against the property. As a condition of the permit, the owner shall waive notice of any assessment hearing to be conducted by the City, concur that the benefit to the property exceeds the amount of the proposed assessment and waive all rights by virtue of Minnesota Statute 429.081 or otherwise to challenge the amount or validity of the assessment. I,We,The Undersigned,hereby accept the terms and conditions of the Erosion Control Policy dated August 1, 1997 as set forth and agree to fully comply therewith, to the satisfaction of the City of Eden Prairie, Minnesota. By: 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 3i EXHIBIT E DEVELOPMENT AGREEMENT - WESTGATE OFFICE PARK DESCRIPTION OF PROPOSED TRANSPORTATION DEMAND MANAGEMENT SERVICES (TDM) EXHIBIT F DEVELOPMENT AGREEMENT - WESTGATE OFFICE PARK TRAIL EASEMENT Klingelhutz Development Company("Grantor") hereby grants and conveys this 15th day of June, 2004, to City of Eden Prairie ("Grantee") an easement ("Easement") for the following uses and purposes and subject to the following terms and conditions on, over, under, and across under real property in the County of Hennepin, State of Minnesota, described in Exhibit A attached and made a part here of. ("Easement Parcel") 1. Uses and Purposes. The Easement shall be for the following purposes and uses of the Easement parcel: A. To construct, maintain and replace a trail; B. For travel by the public, on foot, and in or on non-motorized vehicles, including but not limited to, bicycles, skis, strollers, and skates; C. For travel by the public in or on motorized vehicles authorized by Grantee; D. To remove, cut and trim trees, shrubs and vegetation. 2. Nonexclusive. The Easement shall be nonexclusive, provided however, the Easement shall be paramount and superior to any other easement. Any other easement shall be subject and subordinate to, and shall not interfere with, the Easement without the consent, in writing, of Grantee. 3. Duration of Easement. The Easement shall be perpetual, shall run with the land and shall be binding upon Grantor and Grantor's heirs, successors and assigns and shall be for the benefit of Grantee, its successors and assigns. 4. Grantor covenants that Grantor is the record Fee Owner of the Easement Parcel, holds the legal and equitable title thereto, free and clear of all mortgages, liens and encumbrances and has lawful right and authority without restriction to grant and convey the Easement. 33 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 2003, by , the , a Minnesota , on behalf of the corporation. Notary Public 3t4 CITY COUNCIL AGENDA DATE: 06/15/04 SECTION: Consent Agenda DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development/Planning Janet Jeremiah Eden Prairie Transfer Station(BFI) [C Michael D. Franzen Requested Action Move to: • Approve 2nd Reading of the Ordinance for Zoning District Amendment within the I-2 Zoning District on 24.32 acres; and • Adopt the Resolution for Site Plan Review on 24.32 acres; and • Approve the Development Agreement for Eden Prairie Transfer Station(BFI). Synopsis BFI wants to amend items in the operational plans of the developer agreement to accommodate an increase in the inside storage of materials up to the physical capacity of the building. Attachments 1. Ordinance for Zoning District Amendment 2. Resolution for Site Plan Review 3. Development Agreement EDEN PRAIRIE TRANSFER STATION(BFI) CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 15-2004-PUD-10-2004 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AMENDING CERTAIN LAND WITHIN A ZONING DISTRICT,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 amended within the I-2 Zoning District 15-2004-PUD-10-2004 (hereinafter"PUD-10-2004-I-2). Section 3. The City Council hereby makes the following findings: A. PUD-10-2004-I-2 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-10_-2004-I-2 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-10_-2004-I-2 are justified by the design of the development described therein. D. PUD-10-2004-I-2 is of sufficient size, composition, and arrangement that its construction,marketing, and operation is feasible as a complete unit without dependence upon any subsequent unit. Section 4. The proposal is hereby adopted and the land shall be, and hereby is amended within the I-2 District and shall be included hereafter in the Planned Unit Development 10-2004-I-2, 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 5. 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 6. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 4th day of May,2004, 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 15th day of June, 2004. ATTEST: Kathleen A. Porta, City Clerk Nancy Tyra-Lukens,Mayor PUBLISHED in the Eden Prairie Sun Current on . EXHIBIT A PUD Legal Description — Eden Prairie Transfer Station (BFI) Those parts of the following described properties: That part of the Southeast Quarter of the Southwest Quarter of Section 27, Township 116,Range 22, Hennepin County, Minnesota, which lies southerly of the southeasterly right of way line of U.S.Highway No. 169. And That part of the Northeast Quarter of the Southeast Quarter of said Section 27 which lies southerly of said southeasterly right of way line of U.S.Highway 169. And That part of the Northwest Quarter of the Southeast Quarter of said Section 27 lying south of the north 3/16 of said Southeast Quarter which lies westerly of a line described as beginning at a point on the south line of said Northwest Quarter of the Southeast Quarter distant 676.5 feet east of the southwest corner of said Northwest Quarter of the Southeast Quarter; thence northerly to a point on the north line of the Northeast Quarter of said Section 27 distant 280.50 feet east of the northwest corner of said Northeast Quarter of Section 27 and said line there terminating. And The Southwest Quarter of the Southeast Quarter of said Section 27. Lying easterly and southerly of a line described as commencing at the Southwest corner of said Southwest Quarter of Section 27; thence northerly, along the west line of said Southwest Quarter of Section 27, a distance of 471.1 feet; thence northeasterly deflecting to the right 87 degrees 06 minutes 00 seconds a distance of 508.20 feet; thence northeasterly a distance of 561.80 feet along a tangential curve concave to the northwest having a radius of 1432.70 feet; thence southeasterly; radial to said curve, a distance of 60.00 feet; thence northeasterly a distance of 210.00 feet, along a curve concentric with said curve; thence southeasterly,radial to said curve, a distance of 172.00 feet; thence easterly deflecting to the left 52 degrees 10 minutes 00 seconds a distance of 347.00 feet to a point hereinafter referred to as "Point X"; thence southerly deflecting to the right 90 degrees 00 minutes 00 seconds a distance of 240.00 feet to a point hereinafter referred to as "Point Y"; thence westerly deflecting to the right 90 degrees 00 minutes 00 seconds to the west line of said Southeast Quarter of the Southwest Quarter of Section 27,being the point o f b eginning o f the line to be described;thence Returning, along the 1 ast described course, to said"Point Y"; thence northerly to said"Point X"; thence northwesterly deflecting to the left 21 degrees 16 minutes 00 seconds a distance of 442.5, more or less, to said southeasterly right of way line of U.S. Highway No. 169; thence northeasterly, along said southeasterly right of way line of U.S. Highway No. 169, a distance of 944.23 feet to a line hereinafter described as "Line A"; thence southeasterly, along said"Line A", to a line hereinafter described as "Line B"; thence northeasterly, easterly, southeasterly, along said "Line B", to the south line of said north 3/16 of the Southeast Quarter of Section 27 and aid line there terminating. LJU "Line A"is described as commencing at a point on the south line of the Northwest Quarter of the Southeast Quarter of said Section 27 distant 676.50 feet east of the southwest corner of said Northwest Quarter of the Southeast Quarter of Section 27;thence northerly a distance of 1537.79 feet, more or less, along a line which, if extended, would intersect the north line of the Northeast Quarter of said Section 27 at a point 280.50 feet east of the northwest corner of said Northeast Quarter of Section 27, to said centerline of U.S. Highway Number 169 as laid out and traveled; thence South 41 degrees 10 minutes 00 seconds West, assumed bearing, along said centerline of U.S. Highway No. 169 as laid out and traveled, a distance of 1588.20 feet to the point of beginning said"Line A"; thence S outh 5 5 degrees 14 minutes 0 0 seconds East a distance o f 457.41 feet; thence South 64 degrees 25 minutes 00 seconds East a distance of 156.37; thence South 51 degrees 54 minutes 00 seconds East a distance of 582.00 feet; thence North 26 degrees 39 minutes 00 seconds East a distance of 386.06 feet; thence easterly to the point of commencement and said"Line A"there terminating. "Line B" is described as commencing at the southeast corner of said Southeast Quarter of the Southwest Quarter of Section 27; thence South 89 degrees 39 minutes 57 seconds West, assumed bearing, along the south line of said Southeast Quarter of the Southwest quarter, a distance of 104.56 feet to the point of beginning of"Line B" to be described; thence North 17 degrees 49 minutes 47 seconds West a distance of 179.81 feet to the hereinafter described "Line C"; thence North 28 degrees 55 minutes 39 seconds East, along said "Line C", a distance of 110.07 feet to an angle point in said"Line C"; thence North 61 degrees 04 minutes 21 seconds West, along said "Line C", a distance of 91.16 feet; thence North 10 degrees 47 minutes 28 seconds West a distance of 70.92 feet; thence North 2 degrees 30 minutes 53 seconds East a distance of 365.59 feet; thence North 24 degrees 38 minutes 16 seconds East a distance of 225.88 feet to the point of beginning of said"Line B"; thence North 32 degrees 27 minutes 49 seconds East a distance of 532.21 feet; thence North 78 degrees 54 minutes 10 seconds East a distance of 41.35 feet; thence South 54 degrees 39 minutes 30 seconds East a distance of 221.02 feet; thence North 62 degrees 20 minutes 47 seconds East a distance of 29.14 feet; thence North 0 degrees 20 minutes 57 seconds West a distance of 860.92 feet to the south line of said north 3/16 of the Southeast Quarter of Section of Section 27 and said"Line B"there terminating. "Line C" is described as commencing at said southeast corner of the Southeast Quarter of the Southwest Quarter of Section 27; thence South 89 degrees 39 minutes 57 seconds West, along said south line of the Southeast Quarter of the Southwest Quarter, a distance of 222.13 feet; thence North 0 degrees 20 minutes 03 seconds West a distance of 58.14 feet to the point of beginning of"Line C" to be described; thence North 28 degrees 55 minute 39 seconds East a distance of 240.00 feet; thence North 61 degrees 04 minutes 21 seconds West a distance of 317.62 feet and said"Line C"there terminating. And That part of Section 27, Township 116, Range 22 West of the 5th Principal Meridian described as follows: Commencing at A point in the East line of the West 5/8 of the North 1/2 of the Southeast Quarter distance 495 feet South from the Northeast corner of said West 5/8 of the North 1/2 of the Southeast Quarter; thence South to the Southeast corner of said West 5/8 of the North %2 of the Southeast Quarter; thence West to a point on the South line of said West 5/8 of the North 1/2 of the Southeast Quarter 676.50 feet East of the Southwest corner of said West 5/8 of the North /2 of the Southeast Quarter; thence Northerly to an intersection with a line parallel with and 495 feet South from the North line of the Southeast Quarter along a line which if extended would 31 intersect the North line of the Northeast Quarter distance 280.50 feet East from the Northwest corner thereof; thence East to the point of beginning. And The East Three-Quarters (E 3/4) of the South Half(S 1/2) of the Northeast Quarter (NE 1/4) of the Southeast Quarter(SE 1/4) of Section 27, Township 116 North, Range 22 West, according to the United States Government Survey thereof. And The Southeast Quarter of the Southeast Quarter of Section 27, Township 116,Range 22. And That part of Government Lot 1, Section 34, Township 116, Range 22, Hennepin County, Minnesota, lying northeasterly of a line drawn from a point on the north line of said Government Lot 1, distance 100.00 feet westerly of the northeast corner of said Government Lot 1 to a point on the east line of said Government Lot 1, distant 50.00 feet southerly of said northeast corner of Government Lot 1. LI EDEN PRAIRIE TRANSFER STATION(BFI) CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 15-2004-PUD-10-2004 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA, AMENDING THE ZONING OF CERTAIN LAND WITHIN ONE 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 amendment of the zoning of land located at south of Pioneer Trail and east of Highway 212, within the I-2 Zoning District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen A. Porta, City Clerk Nancy Tyra-Lukens,Mayor PUBLISHED in the Eden Prairie Sun Current on the (A full copy of the text of this Ordinance is available from City Clerk.) `7 EDEN PRAIRIE TRANSFER STATION (BFI) CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2004- A RESOLUTION GRANTING SITE PLAN APPROVAL FOR EDEN PRAIRIE TRANSFER STATION (BFI) BY BFI WHEREAS, BFI, has applied for Site Plan approval of Eden Prairie Transfer Station (BFI) for an amendment to the operational plans for the existing transfer station to increase annual and daily capacity, by an Ordinance approved by the City Council on June 15, 2004; and WHEREAS, the Community Planning Board reviewed said application at a public hearing at its April 12, 2004 meeting and recommended approval of said site plans; and WHEREAS, the City Council has reviewed said application at a public hearing at its May 4, 2004 meeting. NOW,THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval be granted to Eden Prairie Transfer Station (BFI)based on the developer agreement between BFI and the City of Eden Prairie, reviewed and approved by the City Council on June 15, 2004. ADOPTED by the City Council of the City of Eden Prairie this 15th day of June, 2004. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen A. Porta, City Clerk SUPPLEMENT TO DEVELOPER'S AGREEMENT EDEN PRAIRE TRANSFER STATION THIS SUPPLEMENT TO AGREEMENT, made and entered into as of June 1, 2004, by BFI WASTE SYSTEMS OF NORTH AMERICA, INC., a Delaware corporation hereinafter referred to as "Developer," its successors and assigns, and the CITY 0 F E DEN PRAIRIE,a municipal corporation,hereinafter referred to as "City"; WHEREAS, Developer has applied to City for an amendment to the operating conditions of the existing transfer station situated in Hennepin County, State of Minnesota,more fully described in Exhibit A, attached hereto and made a part hereof, and; WHEREAS, the parties desire to amend the Development Agreement between BFI WASTE SYSTEMS OF NORTH AMERICA, INC., a Delaware corporation for BFI Transfer Station, dated December 18, 2001, (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, and made a part hereof; WITNESSETH: WHEREAS, Developer has applied to City for PUD Concept Amendment on 24.32 acres, PUD District Review on 24.32 acres, Zoning District Amendment within the I-2 Zoning District on 24.32 acres, and Site Plan Review on 24.32 acres, legally described on Exhibit A (the"Property"); NOW, THEREFORE, in consideration of the City adopting, Resolution No. 2004-75 for Planned Unit Development Concept Review, Ordinance No. 15-2004-10-2004 for Planned Unit Development District Review and Zoning District Amendment in the I-2 Zoning District and Resolution No. for Site Plan Review, Developer agrees to construct, develop and maintain the Property as follows: L3 1. "Developer shall develop the Amended Area of the Property in conformance with the materials revised and dated May 4, 2004, reviewed and approved by the City May 4, 2004, and identified on Exhibit B hereto, subject to such changes and modifications as provided herein. 2. The Developer's Agreement is amended by adding the following paragraph: The remedies of the City provided in the Development Agreement are not exclusive and the City shall have such other remedies for violation of the City Code or Developer's failure to fulfill an obligation imposed upon the Developer pursuant to this Agreement as otherwise provided in this Agreement, including but not limited to those provided in Exhibit C herein. 3. Exhibit C and F of the Developer's Agreement are amended as attached. 4. 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. 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 ` of:4 u) ti a By Its a r 0. + ►v\ , ,fir- Nancy Tyra-Lukens Its Mayor By �� By Its 1-7,4,.;�b MUD} 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 7 -day of , 2004, by1?Lk eo.s/am d1/.2wid 4urr igs, the t m�a�err, a Minnesota o� , on behalf of the corporation. Jl • KAREN J.JEURISSEN NOTARY PUBLIC-MINNESOTA It CARVER COUNTY • My Commission Expires 1/31/2005 Not Publi 9°' L-15 EXHIBIT A Project Name Legal Description: PUD LEGAL Those parts of the following described properties: That part of the Southeast Quarter of the Southwest Quarter of Section 27, Township 116, Range 22, Hennepin County,Minnesota, which lies southerly of the southeasterly right of way line of U.S.Highway No. 169. And That part of the Northeast Quarter of the Southeast Quarter of said Section 27 which lies southerly of said southeasterly right of way line of U.S.Highway 169. And That part of the Northwest Quarter of the Southeast Quarter of said Section 27 lying south of the north 3/16 of said Southeast Quarter which lies westerly of a line described as beginning at a point on the south line of said Northwest Quarter of the Southeast Quarter distant 676.5 feet east of the southwest corner of said Northwest Quarter of the S outheast Quarter; t hence n ortherly to a point o n the north line o f t he Northeast Quarter of said Section 27 distant 280.50 feet east of the northwest corner of said Northeast Quarter of Section 27 and said line there terminating. And The Southwest Quarter of the Southeast Quarter of said Section 27. Lying easterly and southerly of a line described as commencing at the Southwest corner of said Southwest Quarter of Section 27; thence northerly, along the west line of said Southwest Quarter of Section 27, a distance of 471.1 feet; thence northeasterly deflecting to the right 87 degrees 06 minutes 00 seconds a distance of 508.20 feet; thence northeasterly a distance of 561.80 feet along a tangential curve concave to the northwest having a radius of 1432.70 feet; thence southeasterly; radial to said curve, a distance of 60.00 feet; thence northeasterly a distance of 210.00 feet, along a curve concentric with said curve;thence southeasterly, radial to said curve, a distance of 172.00 feet; thence easterly deflecting to the left 52 degrees 10 minutes 00 seconds a distance of 347.00 feet to a point hereinafter referred to as "Point X"; thence southerly deflecting to the right 90 degrees 00 minutes 00 seconds a distance of 240.00 feet to a point hereinafter referred to as "Point Y"; thence westerly deflecting to the right 90 degrees 00 minutes 00 seconds to the west line of said Southeast Quarter of the Southwest Quarter of Section 27,being the point of beginning of the line to be described; thence Returning, along the last described course, to said"Point Y";.thence northerly to said "Point X"; thence northwesterly deflecting to the left 21 degrees 16 minutes 00 seconds a distance of 442.5, more or less, to said southeasterly right of way line of U.S. Highway No. 169; thence northeasterly, along said southeasterly right of way line of U.S. Highway No. 169, a distance of 944.23 feet to a line hereinafter described as "Line A"; thence southeasterly, along said "Line A", to a line hereinafter described as "Line B"; thence northeasterly, easterly, southeasterly, along said "Line B", to the south line of said north 3/16 of the Southeast Quarter of Section 27 and aid line there terminating. "Line A" is described as commencing at a point on the south line of the Northwest Quarter of the Southeast Quarter of said Section 27 distant 676.50 feet east of the southwest corner of said Northwest Quarter of the Southeast Quarter of Section 27; thence northerly a distance of 1537.79 feet, more or less, along a line which, if extended, would intersect the north line of the Northeast Quarter of said Section 27 at a point 280.50 feet east of the northwest corner of said Northeast Quarter of Section 27, to said centerline of U.S. Highway Number 169 as laid out and traveled; thence South 41 degrees 10 minutes 00 seconds West, assumed bearing, along said centerline of U.S. Highway No. 169 as laid out and traveled, a �6 - distance of 1588.20 feet to the point of beginning said"Line A"; thence South 55 degrees 14 minutes 00 seconds East a distance of 457.41 feet; thence South 64 degrees 25 minutes 00 seconds East a distance of 156.37; thence South 51 degrees 54 minutes 00 seconds East a distance of 582.00 feet; thence North 26 degrees 39 minutes 00 seconds East a distance of 386.06 feet; thence easterly to the point of commencement and said "Line A"there terminating. "Line B" is described as commencing at the southeast corner of said Southeast Quarter of the Southwest Quarter of Section 27; thence South 89 degrees 39 minutes 57 seconds West, assumed bearing, along the south line of said Southeast Quarter of the Southwest quarter, a distance of 104.56 feet to the point of beginning of"Line B" to be described; thence North 17 degrees 49 minutes 47 seconds West a distance of 179.81 feet to the hereinafter described "Line C"; thence North 28 degrees 55 minutes 39 seconds East, along said"Line C", a distance of 110.07 feet to an angle point in said "Line C"; thence North 61 degrees 04 minutes 21 seconds West, along said "Line C", a distance of 91.16 feet; thence North 10 degrees 47 minutes 28 seconds West a distance of 70.92 feet; thence North 2 degrees 30 minutes 53 seconds East a distance of 365.59 feet; thence North 24 degrees 38 minutes 16 seconds East a distance of 225.88 feet to the point of beginning of said "Line B"; thence North 32 degrees 27 minutes 49 seconds East a distance of 532.21 feet; thence North 78 degrees 54 minutes 10 seconds East a distance of 41.35 feet; thence South 54 degrees 39 minutes 30 seconds East a distance of 221.02 feet; thence North 62 degrees 20 minutes 47 seconds East a distance of 29.14 feet; thence North 0 degrees 20 minutes 57 seconds West a distance of 860.92 feet to the south line of said north 3/16 of the Southeast Quarter of Section of Section 27 and said "Line B" there terminating. "Line C" is described as commencing at said southeast corner of the Southeast Quarter of the Southwest Quarter of Section 27; thence South 89 degrees 39 minutes 57 seconds West, along said south line of the Southeast Quarter of the Southwest Quarter, a distance of 222.13 feet; thence North 0 degrees 20 minutes 03 seconds West a distance of'58.14 feet to the point of beginning of"Line C" to be described; thence North 28 degrees 55 minute 39 seconds East a distance of 240.00 feet; thence North 61 degrees 04 minutes 21 seconds West a distance of 317.62 feet and said"Line C"there terminating. And That part of Section 27,Township 116,Range 22 West of the 5d'Principal Meridian described as follows: Commencing at A point in the East line of the West 5/8 of the North %2 of the Southeast Quarter distance 495 feet South from the Northeast corner of said West 5/8 of the North %2 of the Southeast Quarter; thence South to the Southeast corner of said West 5/8 of the North %2 of the Southeast Quarter; thence West to a point on the South line of said West 5/8 of the North %2 of the Southeast Quarter 676.50 feet East of the Southwest corner of said West 5/8 of the North 1/4 of the Southeast Quarter; thence Northerly to an intersection with a line parallel with and 495 feet South from the North line of the Southeast Quarter along a line which if extended would intersect the North line of the Northeast Quarter distance 280.50 feet East from the Northwest corner thereof;thence East to the point of beginning. And The East Three-Quarters (E 3/4) of the South Half (S 1/2) of the Northeast Quarter (NE 1/4) of the Southeast Quarter (SE 1/4) of Section 27,Township 116 North, Range 22 West, according to the United States Government Survey thereof. And The Southeast Quarter of the Southeast Quarter of Section 27,Township 116,Range 22. And That part of Government Lot 1, Section 34,Township 116,Range 22,Hennepin County,Minnesota,lying northeasterly of a line drawn from a point on the north line of said Government Lot 1, distance 100.00 feet westerly of the northeast corner of said Government Lot 1 to a point on the east line of said Government Lot 1, distant 50.00 feet southerly of said northeast corner of Government Lot 1. EXHIBIT B PLANS 1. Application to amend the "Developer's Agreement BFI Transfer Station" for the City of Eden Prairie dated December 11, 2003 by Wenck Associates, Inc. 2. Draft Environmental Assessment Worksheet submitted March 18, 2004 by Wenck Associates, Inc. — l� • EXHIBIT C DEVELOPER'S AGREEMENT 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 c ash park fees as to all oft he Property required by City Code in effect as of the date of the issuance of each building permit for construction on the property. Presently, the amount of cash park fees applicable to the Property is $ per acre/unit. The amount to be paid by Developer shall be increased or decreased to the extent that the City Code is amended or supplemented to require a greater or lesser amount as of the date of the issuance of any 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 and approved in connection with this Agreement,thus restoring the status of the Property before the Developer's Agreement 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: NONE 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 LI9 • other encumbrances. Prior to release of the final plat, 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. SS 9601, et. seq., or Minn. Stat., Sec. 115B.01, et. seq. (such substances, wastes, pollutants, and contaminants hereafter referred to as "Hazardous Substances"); C. That Developer has not allowed any other person to use, employ, deposit, store, dispose of, place or otherwise have, in or on the Property, any Hazardous Substances. D. That no previous owner, operator or possessor of the Property deposited, stored, disposed of, placed or otherwise allowed in or on the Property any hazardous substances. Developer agrees to indemnify, defend and hold harmless City, its successors and assigns, against any and all loss, costs, damage and expense, including reasonable attorneys fees and costs that the City incurs because of the breach of any of the above representations and warranties and/or resulting from or due to the release or threatened release of Hazardous Substances which were, or are claimed or alleged to have been, used, employed, deposited, stored, disposed of,placed, or otherwise located or allowed to be located, in or on the Dedicated Property by Developer, its employees, agents, contractors or representatives. VIII. Developer acknowledges that Developer is familiar with the requirements of Chapter 11, Zoning, and Chapter 12, Subdivision Regulations, of the City Code and other applicable City ordinances affecting the development of the Property. Developer agrees to develop the Property in accordance with the requirements of all applicable City Code requirements and City Ordinances. IX. Prior to release of the final plat, Developer shall pay to City fees for the first three (3) years' street lighting on the public streets adjacent to the Property (including installation costs, if any, as determined by electrical power provider), engineering review, and street signs. X. Developer shall submit detailed water main, fire protection, and emergency vehicle access plans to the Fire Marshal for review and approval. Developer shall follow all the recommendations of the Fire Marshal. XI. Developer acknowledges that the rights of City performance of obligations of Developer contemplated in this agreement are special,unique, and of an extraordinary character, and that, in the event that Developer violates, or fails, or refuses to perform any covenant, condition, or provision made herein, City may be without an adequate remedy at law. Developer agrees, therefore, that in the event Developer violates, fails, or refuses to perform any covenant, condition, or provision made herein, City may, at its option, institute and prosecute an action to specifically enforce such covenant, withhold building permits or certificates of occupancy or rescind or revoke any approvals or certificates of occupancy 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 Developer's Agreement. Notice shall be sent to Time Warner Cable, 801 Plymouth Avenue North, Minneapolis, Minnesota 55411. XIII. Prior t o b uilding p ermit i ssuance, a 11 fees a ssociated with the building p ermit s hall b e paid to the Inspections Department, including; Building permit fee, plan check fee, State surcharge, metro system access charge (SAC), City SAC and City water access charge (WAC), and park dedication. Contact Metropolitan Waste Control to determine the number of SAC units. XIV. Prior to building permit issuance, existing structures, walls and septic systems (if present) shall be properly abandoned or removed as required by City ordinance and all permits obtained through the Inspections Department. XV. Prior to building permit issuance, provide two copies of an approved survey or site plan (1" = 200 scale) showing proposed building location and all proposed streets, with approved street names, lot arrangements and property lines. XVI. The City shall not issue any building permit for the construction of any building, structure, or improvement on the Property until all requirements listed in this Exhibit C have been satisfactorily addressed by Developer. XVII. No failure of the City to comply with any term, condition, covenant or agreement herein shall subject the City to liability for any claim for damages, costs or other financial or pecuniary charges. No execution on any claim, demand, cause of action or judgment shall be levied upon or collected from the general credit, general fund or taxing powers of the City. XVIII. Prior to issuance of the first building permit for the Property, Developer shall permanently demarcate the location of the boundary of the conservation easement on each lot property line or corner with permanent four-foot tall posts. A 2 %2 by 6 inch sign or decal reading "Scenic/Conservation Easement Boundary, City of Eden Prairie", will be affixed to the top of the post. 5 ( EXHIBIT F OPERATION AND ENVIRONMENTAL CONDITIONS FOR MUNICIPAL SOLID WASTE TRANSFER FACILITY BFI WASTE SYSTEMS OF AMERICA,INC (BFI) These Operation and Environmental Conditions (hereinafter "Conditions") are for the Municipal Solid Waste Transfer Facility for BFI Waste Systems of America, Inc. (Transfer Facility) identified as the Property in the Developer's Agreement to which these Operation and Environmental Conditions are attached. For the purposes of these Conditions, a Transfer Facility is an intermediate waste facility in which municipal solid waste (garbage, refuse and other solid waste from residential, commercial, industrial and other community activities) that the generator of the waste aggregates for collection is temporarily deposited to await transportation to another waste facility. 1. The operator of the Transfer Facility shall cooperate with the City in order to facilitate periodic City inspections of the Transfer Facility, as the City may deem necessary. The City shall have the right to inspect the Transfer Facility at any reasonable time and shall have the right to review all records relating to the operation of the Transfer Facility. The operator shall be responsible for documenting the results of the inspections for inclusion in the Annual Report. 2. Hours of truck operation entering and leaving the Transfer Facility shall be limited to 4 a.m. to 9 p.m. Monday through Saturday. 3. Overnight storage shall be limited to storage inside the Transfer Facility on the main tipping floor only. The maximum amount of refuse to remain on-site for overnight storage shall be limited to 350 tons. All on-site storage of refuse shall be on the main tipping floor only, not inside the trucks. Storage shall be limited to a maximum of 48 hours, except on holiday weekends where storage shall be limited to a maximum of 60 hours. 4. Maximum daily tons per day (TPD) of municipal solid waste (MSW) that will be allowed shall be a maximum of 900 TPD with an average of 700 TPD. 5. Maximum tons per year(TPY) of MSW that will be allowed shall 218,000 TPY. 6. The maximum number of trips out of the Transfer Facility per day shall be limited to 175 refuse collection vehicles and 55 transfer vehicles. 7. All stacking of trucks and other equipment shall occur on-site and off public right(s)-of- way. 8. No loading, unloading, tipping, or cleaning of vehicles, trailers, equipment or containers that h ave b een u sed for transfer o r storage o f M SW s hall o ccur outside o f t he enclosed Transfer Facility. 9. There shall be no on-site, exposed or contained, exterior overnight storage of solid waste from the main tipping floor of the Transfer Facility. 10. All t rucks and e quipment t raveling to or from the Transfer F acility, except for p ersonal vehicles, that are coming to or from the MSW disposal facility shall be restricted to the designated primary or alternate route established by the City. The alternate route shall be restricted to use during emergencies or inclement weather where the primary route is not readily available. 11. On-site storage of Hazardous Wastes inadvertently collected from the MSW routes is prohibited. For the purposes of these Conditions, Hazardous Waste means any hazardous 5� substance, hazardous waste, pollutant, or contaminant, including, but not limited to, those defined in or pursuant to 42 U.S.C. SS 9601, et. seq., or Minn. Stat., Sec. 115B.01, et. seq. Such substances, wastes, pollutants, and contaminants area hereafter referred to as Hazardous Waste. Hazardous Wastes inadvertently delivered to the Transfer Facility shall be promptly removed in accordance with local, county, state and federal requirements. 12. The Owner or Operator shall perform daily inspections of the floor surface within the Transfer Facility to find cracks in the flooring. Any cracks shall be repaired immediately. 13. All leachate and liquid wastes, except Hazardous Wastes, generated, spilled or dropped (i.e. snow or slush dropping off the truck) within the Transfer Facility shall be directed to an interior drain for disposal. 14. The Owner or Operator shall perform testing of the leachate and liquid wastes prior to load- out and transport for proper disposal or when inspections indicate a change in leachate levels in excess of 4 inches over levels detected during previous inspections. The Developer shall prepare and file with the City guidelines on how the leachate and liquid wastes will be handled based on the results of the sampling. These guidelines shall include contingency plans for disposal of these leachate or liquid wastes below or exceeding the limits established for use of the sanitary sewer. 15. The emission of noxious matters and generation of noise shall be controlled so that no concentration of such noise or matter will be detrimental to or endanger the public health, safety, comfort, and/or general welfare or cause damage to property beyond the boundary lines of the Property. Noxious matter includes, but is not limited to, gases, vapors, odor, dusts, fumes, mists, other particulates, or any combination thereof, generated by the Transfer Facility operations, including vehicular operations. 16. The Owner or Operator shall perform daily cleaning and monitoring of the drain located within the Transfer Facility to prevent clogging of the drain and allow free drainage of all leachate and liquid wastes. 17. The Owner or Operator shall monitor noxious matter and noise generation related to the • Transfer Facility operations, including vehicular emissions, at a minimum of quarterly, or as ordered by the City. The Owner or Operator of the facility shall conduct and assume all costs for all noise and/or chemical testing as ordered by the City to determine the presence and/or extent of contamination or pollution. Any violations of local, county, State or Federal standards shall be abated. 18. The Owner or Operator shall develop and submit a Pest Control Plan for nuisance species, such as insects, rats and mice, to the City Environmental Coordinator for review and approval. The Pest Control Plan shall include a contract with a licensed pest control operator for regular service. 19. The Property and the fence line for the Property, including the interior grounds as well as the frontage for Flying Cloud Drive (Hwy 212) shall be inspected for windblown litter and debris daily. Cleanup of debris shall occur no less than once weekly, whenever the Transfer Facility Operator notes a problem, when a complaint is received, or as ordered by the City. 20. Annual Reports must be submitted on or before January 31 to the City for the previous calendar year. The information to be reported•shall include those items specified in Minnesota Rules Part 7035.2585 and any additional information requested below. Items to be evaluated in the Annual Report shall include, at a minimum: • • MSW throughput, including data on tons per day and tons per year of MSW processed, • Monthly summaries of waste types and quantities accepted and transferred, with their origins and destinations,respectively, • Facility Safety Inspection results • Hennepin County Solid Waste Facility Inspection Reports, including comments and corrective action requirements. • Minnesota Pollution Control Agency (MPCA) Annual Report for Solid Waste Transfer Facilities. • MSW handling, • Leachate / liquid waste testing, noxious emission monitoring, and noise monitoring results as required by Exhibit F, • Effectiveness and results of the litter control, • Effectiveness and results of the pest control, • Inspection results, and • Complaints received and the actions taken to address each complaint. 21. The release of any Hazardous Waste at the Transfer Facility shall be immediately reported to such governmental authorities as required by State and Federal law and in addition, reported to the City's Police and Fire Departments and Environmental Coordinator. 22. Any interim inspection reports provided by or sent to any local, county, state or federal agency must be provided to the City for review within 30 days of receipt and/or submittal to the agency. 5G( CITY COUNCIL AGENDA DATE: June 15,2004 SECTION: Consent Calendar DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Engineering Final Plat Approval of The Colony at Eden Prairie Randy Slick Requested Action Move to: Adopt the resolution approving the final plat of The Colony at Eden Prairie Synopsis This proposal is a replat of Lots 1 and 2, Block 1, Rolling Hills Senior Housing and is located at the Southwest corner of Prairie Center Drive and Rolling Hills Road. The plat consists of 8.97 acres and is being replatted into one lot. Ownership and financing concerns have prompted the owner to combine the two lots into one. The Vacation of Drainage and Utility easements over that part of Rolling Hills Senior Housing was completed on February 17,2004. Background Information The project was originally approved by City Council October 3, 2000. It includes a three-story senior housing building with 142 assisted,independent, and memory care units and skilled nurs- ing facility. Approval of the final plat is subject to the following conditions: • Receipt of engineering fee in the amount of$1,058.46 • 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 55 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF THE COLONY AT EDEN PRAIRIE WHEREAS,the plat of The Colony at Eden Prairie 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 The Colony at Eden Prairie is approved upon compliance with the recommendation of the City Engineer's report on this plat dated June 15,2004. B. That the City Clerk is hereby directed to supply a certified copy of this resolution to the owners and subdividers of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on June 15, 2004. Nancy Tyra-Lukens,Mayor ATTEST: SEAL Kathleen A.Porta, City Clerk jr,-) • THE COLONY AT EDEN PRAIRIE R. T. DOC, NO. • BEARNOS OF TILT PLAT AREHON AN LOTU1. BLOTS,01 ROLLED THE SOUTH OF LOT ' A BEK I,ROFLNO HILLSWSB'SENOR HDtSNO,HAS. q A BEMNC OF N 59.35'39"W. R T • o DENOTES 1/2 NCH BY 14 NCH IRON PPE / N% SET AND MARKED WITH LICENSE NO.15228 'u O • DENOTES 1/2 NCH RON PPE MONUMENT FOLNO p��a N82'46'60"E 12,�; .Ss?' e�' \COo T• DENOTES 7-IRON MOMThANT FOES) aka / ^,eO,y�' f.fOL• +-��\ J•iO' N0 1[ \ f Rp���v �/ p Q° / .a \ s 4 �91 ? - M 'OHS e ,,• a `/s. 0 -VSIA 'tl OI D/' 1 1f'" S\ \\ R 9oS, // C�. By. V Wi 0• V \ 4 a7 • - 4, N32143.12.0�„�•k ae0 Q \ \` add p i 1 -'� y.3A/y j f C., 5, 1\ / / R / 5 (yS �� �6/f�• / /ot / �y / F \�CT 0 /,b ra` 0 ✓ , 1 .ia 0 A,/ .4 4'. 01, 4 MOO e* \ •cl 1,, to 1;/• 1,,/ 1 —\° 91 I. —(;-P— • 'f '� / ,,q ci V' $ @g '� P 0 N D `/ NO SCALE IN FEET N g S •T / b./ - - \,• `/ -6N 1.1 1 `� .. Ul fA r. 1 b / I1 z f' �,,y�and UINtY E `OTpI/SY01 0l O �\ / ���CRU. • 0 200 Z ' z A ,tg- '1-14'--- ;'- ROµOG 1•.Is . ...... aP v, 1 `�.5,...- .EAR .; VICINITY YAP: L ' // I f/\Oa. M SEC.14,T.I10.IL 22 y C. i�4 x it • I le V • Va 1 ` tin Id /. "/ 2pi — I r z• Sow 1 L 75.34- _ k \ .� O m m T _ oome N09.38'39"W 452.00 � — 0 inn I (,r VOA ' I NORT'FPdARK 3RD ADDITION fnawfe•1.00NO•MO• 1 7)„0- 1 iz,z004; SHEET 2 OF 2 SHEETS CITY COUNCIL AGENDA DATE: June 15,2004 SECTION: Consent Calendar DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Public Works Declaration of Surplus Property and Eugene A. Dietz Authorization for Disposal J[�� ,E . Requested Action Move to: • Declare vehicles scheduled for replacement in 2004 per attachment to be surplus property;and • Authorize staff to dispose of the vehicles at public auction and/or trade-in. Synopsis The budget for 2004 contains a list of vehicles proposed for replacement. Although Council adopted the budget, proper procedure dictates that Council also declare that the equipment is surplus property and authorize disposal. Background Information Thirty vehicles are shown on the attachment for disposal through the Hennepin County public auction process. However, each City has allocated a certain number of vehicles—we have 23 spots and we may not be able to dispose of all the vehicles this year due to that limitation. Depending on which particular vehicles are still within the fleet after the final auction at Hennepin County in September, staff will consider receiving sealed bids or hold the vehicles over until the Spring auction in 2005. Some very general criteria that the Public Works Superintendent uses for replacement include: • Eight-year life for pickups(although there are two Fire Department vehicles that will be replaced that are 18 and 19 years old,but with very low mileage). • Police vehicles are scheduled for replacement on a three-year or 75,000-mile cycle. • Mechanical and damage factors play an important role (Police Vehicle No. 236 is a salvage vehicle that was involved in a crash). Generally speaking, we receive approximately $8,500 to $10,000 for a pickup using this schedule and approximately$5,500 to $6,500 for squad cars. Our practice is to fully inspect each vehicle that goes to auction and all repairs that are approximately$200 or less are made to the vehicle. Additionally,higher- end vehicles, such as a Chevrolet Impala,will either be"detailed"in-house or by outside vendor at a cost of approximately $200. Experience has shown that this effort increases the auction price by $800 to $1,000. The City of Eden Prairie and our Fleet Services Division in particular enjoy a very good reputation from bidders at these auctions. The result is that we consistently receive more money for our vehicles and we are able to better optimize our vehicle replacement budget. Attachments 5S� To: Gene Dietz From: Cliff Cracauer Date: 6/03/2004 Subject: Auction of Excess Property As per our previous conversation, I am requesting authority to dispose of vehicles and equipment on the attached list. All excess property listed to be sold at Public auction held at and run by Hennepin County. (Medina facility)The City will pay a set fee of$55/vehicle and supply 1-2 workers on the day of the auction. Mfg. License Spec-Vehicle Spec-Vehicle Model Unit Serial Number Make Unit Miles Year Plate 112(Mower riding) 1997 NA Toro 325D • 70352 121(Pick-up 3/4 ton) 75,000 1999 901968 GMC K2500 1GTGK29R9XF068729 125(Trucks) 68,000 1990 163923 Ford L8000 1FDYK82A6LV A37140 214(Police car) 71,000 1999 Police Ford Crown Victoria 2FAFP71 W4XX181686 227(Police car) 70,000 2000 EPG964 Ford Crown Victoria 2FAFP71WXYX163422 230(Police car) 82,000 2001 GHC133 Ford Crown Victoria 2FAFP71 W61X163486 231(Police car) 91,000 2001 Police Ford Crown Victoria 2FAFP71W81X163487 232(Police car) 74,000 2001 Police Ford Crown Victoria 2FAFP71WX1X163488 233(Police car) 75,000 2001 Police Ford Crown Victoria 2FAFP71W11X163489 *236(Police car)accident/totaled 2002 Police Ford Crown Victoria 2FAFP71 W02X138469 282(Automobiles) 77,000 1999 CZX817 Ford Crown Victoria 2FAFP71 W8XX181691 294(Loaner) 61,000 1996 005MXS Ford Taurus 1FALP52U8TG158724 352(S.U.V.) 46,000 1997 FIRE Jeep Cherokee 1J4FJ68S8VL556167 361(Pick-up 3/4 ton) NA 1986 FIRE Ford F250 1FTHF26L5GPB44823 363(Pick-up 3/4 ton) NA 1985 911 Ford F250 1FTHF26L5FPA76036 403(Mower riding) NA 1996 None Toro 325D 434(Equipment) NA 1987 None ' Cushman Truckster 1CUNH2221HL008594 461(Pick-up 1 ton) 52,000 1996 174002 Chevrolet 1GCHK34J7TZ172057 463(Pick-up 1/2 ton) 43,000 1996 174012 Chevrolet 1GCEC14W7TZ178134 511(Automobiles) 62,000 1997 908763 Dodge Stratus ES 1B3EJ56H2VN663014 605(Loaner) 45,000 1995 170631 Ford F150 2FTDF15Y2SCA42282 611(Pick-up 1/2 ton) 33,000 1996 174004 Chevrolet 1GCEC14W2TZ176565 612(Pick-up 1/2 ton) 37,000 1996 174005 Chevrolet C1500 1GCEC14W3TZ175666 614(Pick-up 1/2 ton) 52,000 1996 174006 Chevrolet 1GCEC14W9TZ178782 715(Pick-up 1 ton) 79,000 1996 174001 Chevrolet 1GCHK34J2TZ173374 716(Medium truck) 27,000 1997 175161 Ford F350 3FEKF38FXVMA42754 915(Loaner) 39,000 1996 172290 Ford Taurus 1FALP52U4TG153715 916(Loaner) 43,000 1996 907327 Ford Taurus 1FALP52U1TG140114 917(Automobiles) 45,000 1996 902847 Eagle Vision 2E3HD56F1TH239955 919(Automobiles) 89,000 1998 911244 Ford Crown Victoria 2FAFP71W6WX145125 G:\ClifflAuction Excess Property--2004 CITY COUNCIL AGENDA DATE: June 15,2004 SECTION: Consent Calendar DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 02-5564 ITEM NO.: Engineering Approve Change Order No. 3 for Charison Mary Krause Area Improvements—Phase II .F, Requested Action Move to: Approve Change Order No. 3 for the Charison Area Improvements—Phase II (Eden Prairie Road from Pioneer Trail to Valley Road) from Ingram Excavating in the amount of$7,362.37. Synopsis This change order is a result of various minor field adjustments that were needed during the construction of the project. The project has been completed and the contract will be closed out soon. Background Information The Phase II Carlson Area Improvements included the street and utility construction of Eden Prairie Road north of Hilltop Road. The final Phase of the Charison Area Improvements is currently under construction and is anticipated to be completed later this year. Attachments Change Order No. 3 t4 CONSULTING CzattL e. CHANGE ORDER NO. 3 Date: May 13, 2004 To: City of Eden Prairie City Improvement Contract No. I.C. 02-5564 Contractor: Ingram Excavating Engineer: SRF Consulting Group, Inc. Location: Charlson Area Improvements Phase II Nature of Changes: 1. In order to correct poor subgrade on Eden Prairie Road, geotextile fabric was used for extra stability. 2. In order for Grace Church to have a temporary road on the west side and to maintain proper drainage, a storm sewer structure and culvert was removed. 3. In order to adjust a 48" storm manhole to the proper grade, the structure needed to be corrected, which included re-installing manhole steps. 4. Regrade ditch to a 4-foot flat bottom. 5. Regrade, seed and install erosion control blanket along retaining wall and lift station access drive. 6. Concrete collars for two handholes were not installed. Item No. Item Description Unit Unit Price Estimated Amount Quantity 2104.501 Remove Sewer Pipe (Storm) Lump Sum $782.00 1 $ 782.00 2105.604 Geotextile Fabric Lump Sum $1,461.08 1 $1,461.08 2123.509 Dozer Hour $130.00 10 $1,300.00 2502.605 Revise Storm Manhole Lump Sum $3,808.56 1 $3,808.56 2575.555 Turf Establishment Lump Sum $827.73 1 $ 827.73 Item No. Item Description Unit Unit Price Estimated Amount Quantity 2550.602 Handhole Collars Lump Sum $817.00 1 $ 817.00 Summary of Contract Changes: Contract amount prior to Change Order No. 3: $680,442.36 Net increase resulting from Change Order No. 3: $ 7,362.37 Current Contract amount including Change Order No. 3: $687,804.73 Issued By: `✓� r--/3-alb SRF CONS GRO , INC. Date Approved By: G l J—/(INGRAM EXCAVAT Date Accepted By: CITY OF EDEN PRAIRIE Date H:CiviA037\3726\DOC\3T16Ingram Change Order No.3 Cl CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 15,2004 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development: Adopt Golden Triangle Land Use and Multi- Janet Jeremiah Modal Transportation Evaluation with Conditions David Lindahl Requested Action Move to: Adopt the Golden Triangle Land Use/Multimodal Transportation Evaluation as an advisory tool with the two modified land use scenarios being the preferred alternatives for future redevelopment subject to the following conditions: 1) Further consideration of the type of future housing and its potential impact on park needs, public safety service and schools; 2) More detailed traffic analysis to determine development thresholds and potential cost- sharing for any necessary roadway improvements; and 3) Determination of a preferred LRT alignment. Synopsis On May 10,2004,the Planning Commission recommended that the City Council adopt the study as an advisory tool with the two modified land use scenarios("Full TOD" and"Half TOD") being the preferred alternatives for future redevelopment(see attachments). Subsequently, staff discussed the need to further consider the type of future housing and its potential impact on park needs,public safety service,and schools. This analysis goes beyond the scope of the study. Staff also noted that more detailed traffic analysis of any significant development or redevelopment will likely be necessary to ascertain when proposed roadway improvements will be needed and who should help pay for them. A preferred LRT alignment also needs to be finalized. Much of the additional analysis can be incorporated into the next update of the Comprehensive Plan,the groundwork for which is already underway. The next phase of the LRT Study is expected to begin this Fall and be completed within approximately 18 months. That information will be used to help complete the Comprehensive Plan update. In the meantime,any significant development or redevelopment in the Golden Triangle/City West area will be required to submit a detailed traffic analysis. Impacts on parks,public safety and schools will also be taken into consideration. Attachments > April 27,2004 GTA Land Use Study Summary Memo ➢ May 2004 Golden Triangle Land Use/Multi-Modal Transportation Evaluation(hard copy) MEMORANDUM To: Mayor and City Council 0 Through: Scott Neal, City Manager From: David Lindahl, Economic Development Manager Date: April 27, 2004 Eden !Prairie Subject: GTA Land Use Study Project History The Golden Triangle Area (GTA) is Eden Prairie's largest and most identifiable business park. Comprised mainly of office and office/warehouse development, it is easily accessed from any of the three major highways surrounding the area. In an attempt to relieve traffic congestion on the region's freeways, ramp meters were installed at each of the key access points by MnDOT in about 1996. This had an immediate impact on the GTA, causing significant delays for commuters leaving the area during afternoon periods, with traffic backing up from the entrance ramps onto local collectors. The City began discussing possible solutions to the traffic problems in the GTA in early 1999 and the same year developed a demonstration project with the Metro Council and 1-494 Corridor Commission. The key goals of the demonstration were to: • Organize an association of businesses (TMA) —established in 2001. • Conduct a traffic study—completed in April 2001. • Conduct market research about rideshare incentives—completed in May 2001. • Develop a plan for building HOV slip ramps—a ramp has been designed at Flying Cloud &212. • Determine if mixed-use development can help reduce traffic congestion and enhance transit use. Hennepin County Funds Study In 2002, City staff approached Hennepin County about paying for a study to determine if a wider mix of land uses could help mitigate traffic congestion and increase transit use in the area. They agreed to pay for the study from a grant received from the Federal Transit Administration(FTA). Major study tasks include: • Evaluate Local Real Estate Market. • Identify Potential Redevelopment Sites. • Identify Potential Land Uses and Create Development Scenarios. (c3 • Evaluate Tax Benefits of Land Use Scenarios. • Forecast Travel Demand and Recommend Land Use and Implementation Scenarios. Present Report Findings and Recommendations. Consultant Selected An evaluation committee comprised of City, County, and SW Metro staff reviewed proposals from nine consultants and after extensive review and consideration selected the Hoisington- Koegler Group of Minneapolis to conduct the study. The evaluation committee formed the basis of a technical advisory team that advised the consultant throughout the study process. The study began in February 2002 and was nearly completed in March 2003 when the decision was made to delay it until a new LRT alignment through the GTA was evaluated by the County. The study is now completed and includes land use scenarios supported by future light rail. Study Findings The original study developed three land use scenarios based on uses the market could support, the potential for traffic mitigation, and on fiscal benefits. It also considered expanding Eden Prairie's retail opportunities to include uses the community may desire, but cannot accommodate because of the lack of available sites in and around the Eden Prairie Center area. Figure A below is an aerial view of the GTA that highlights the general location of the proposed redevelopment area, which includes the former Best Buy Headquarters. Figure A — GTA Potential Redevelopment Area .9r ,� � _ R> - ,,--f ,y ,er+ ", .ir+ `,- 1da- .. _ r ',. , -.am-_, , = -i 7y : .t / t b r.\ .- — ... 1 . � ., ' , M ,Q .."```s `' . •- ".d., . � a� . , C --- y ✓ toi, A a '�i• ,„.,„ . .... ` '"" n ` - vs _ z{r ., ._ ' .M;- Y " iIRa ' k w- O 'f �w2.so . ♦ ve� ..,....-�.:,. ie ",,.w. :..rx' „k -�' 'fir'j. .._1c \: ., ,.r' .i' «., \ i -'" — — — — — —.._.. All three land use concepts described below show a significant amount of land designated for regional commercial development — which could accommodate mid to larger sized retailer not currently in the area, such as: Best Buy Galyon's Lifetime Fitness Gander Mountain Jo-Ann Etc. Linen's 'N Things Ultimate Electronics Sportsmart Golf Galaxy Ethan Allen Wickes Golfsmith Lowe's Sportsman's Warehouse DSW Shoes 1. Market Based Concept (116 acres) - a "best guess" as to how the market would redevelop the area with minimal public financial participation and within the parameters of the current City Guide Plan. The residential and commercial uses are listed below. All other uses would be office and/or industrial. GTA Percent Land Use Acres % Acres of GTA Residential (median/high density) 51 44% Neighborhood Commercial 19 16% Regional Commercial 46 40% Total 116 100% 976 12% 2. Transit Village Concept (153 acres) - includes a large concentration of high-density residential and commercial redevelopment located in an area of reconfigured City streets. This concept would require significant City (public) financial investment. Land uses include: GTA Percent Land Use Acres % Acres of GTA Residential (median/high density) 87 57% Neighborhood Commercial 16 10% Regional Commercial 50 33% Total 153 100% 976 16% 3. Expanded Transit Village (256 acres) — this scenario is similar to the Transit Village but includes more high-density housing. It also would require significant financial participation by the City. GTA Percent Land Use Acres % Acres of GTA Residential (median/high density) 174 68% Neighborhood Commercial 16 6% Regional Commercial 66 26% Total 256 100% 976 26% Modified LRT Alignments With two Light Rail alignments now planned through the heart of the GTA, both transit village scenarios were modified and expanded based on the new rail locations, land use opportunities provided by light rail, and the possibility of developing a major transit station facility in the area— perhaps similar to Southwest Station. if LRT is extended into the GTA, it is likely that other public resources may be available at the regional, state, and federal levels to help finance a transit station and transit oriented redevelopment. LRT could also boost market demand for residential and commercial uses in the area, increasing the appetite for private markets to underwrite a greater portion of the redevelopment costs. In either case, it is probable that the City's share of redevelopment costs would be reduced if LRT becomes a reality. Figure B—Proposed Southwest Alternative LRT Alignments Legend to ''`i.4,1 `°'' !Rm; .. : ; � Kvll lYllOnTenl �s :1-`�:' ' ' ,rC fY' r y V' ,; :.:.: ., U Rautes rY..." 3gii..1,;, +' ,T,' `.,•,••4 rr i' 1�'. '�F" . 0 St.Uonf •�', " +'i3y. €fix.. �,, ',+4f �•,.. , .-„,..-, , �� s,,k,„;..., ///;```666 p. a +: "i��.� zf '..r..h ter -; 1 1 �,� _'� ",fit. '. F•- 4 4" A ',5. 'M7:76CW-•t`"Iir, , - - ,; .16;• „,:- , Ar*:r,Y,1,,L;f: s'n'''' ,17, 4 -7;:: \.' 7.k. • {‘ ,., t* ‘! „„)W'l, ,": ' ,, - '^r,',,,TivOitUr-tit.' '':1;x7,,,„ ,e 7, ;', ' ,./ ' .1" '!f I' %t- lif.r: 1;, 'ma's 1 !L# , 2,,17- . ! - Mks '. , ;.,0:,4• :‘,N...4,_ ,,,. . -- '',I, 4, ' *, ', " , ';...0 ' — - . ,il ks,;,74k /otr. ''. ' ...i :. „..,;...4•; ,/illtiliii,o9 ,7-.4911 ti. , x P. ^' �- t _ ., .Y ryw p iY ",tea 9 C .'-C . E O. o .. Modified Lam i Southwest Rail Transit Study N ©© "o.._,..Ka0..ero.o.. Alternative Rail Alignments ®® IOl .7,.~ . E00 1.000 2.000 1. "Full TOL Transit Village - LRT 3A- ignment`(231 acres) - tfieland use break down is very similar to the Expanded Transit scenario listed earlier. Using a density of 20 units/acre, this concept would add 3,320 housing units to the area, which increases the City's total housing units by 15%. It would also add over 550,000 square feet of commercial/retail space to the City. GTA Percent Land Use Acres % Acres of GTA Residential (median/high density) 166 72% Neighborhood Commercial 18 8% Regional Commercial 47 20% Total 231 100% 976 24% Figure C—Redevelopment Area — LRT 3A-1 LRT ;/ "11 :its.—*-1/ Iil7 i `401{' �_ ` Alignmen 1 tj 1+ 1:,4 _ -i t 1` e / i r K'i ' I r { Haihii — •--•__ ..�.—_,I t' � .#1j q �..'rd _ r f.._.---i_--...ice; r ♦. a �I "�` tj Iikt x` .'+'�-- Best Buy _, ',•1 ' k,17/ it 1_G9trh St. W Property : P40"* •- ,7,0 1. .. -c ♦� ,�.s°, .�:,:. a LRT i , / t 14 ' •, r Station ,i 1 ..+r...�,•,,....1....I.Pf 1. } a*�*'"''- • 0 il, -0.44-1 Legend i�, .,..1 Y4..,., ,,rs.. •.,, •, . Proposed Land Use r i` �-..ir• ; : µ ' `,"J. -1�..1 i 7,1 Mid-Density Residential(.•15 units acre) ji,,' - : s ,, r.a "c qa .„ i is High Density Residential( '�` - a, 1s+un,tslacra) a "= ` �'`;`• 1 M Regional Commercial 1. 77.," ` -- 4 '` ' 1 tier Neighborhood Commercial _' f pr � �' r gift Mixed Use•High Density Residential .'. ~-�-- fen � `'' Above Ground Level Commercial r,'' i r't �.';:..«..V ' (:: Office _..-, iiii Flex-75%Office,25%industrial 2. "Half TOD" Expanded Transit Village LRT 3A-3 (256 acres) — this scenario is similar to the modified Transit Village but includes more high-density housing for a total of 2,680 units. It adds over 700,000 square feet of commercial/retail space to the area and also includes area designated for office development. GTA Percent Land Use Acres % Acres of GTA Residential (median/high density) 134 61% Neighborhood Commercial 14 7% Regional Commercial 71 32% Total 219 100% 976 22% Figure D— Redevelopment Area—LRT 3A-3 Light Rail --�— -r —i - ---- — — Alignmen /// , i t -j ji tor l',t I r i'l Best Buy — Property le 1 i I { i'�r �, 1_.63tt1St. '±V_ I it ;/' i —:;--,-2=.---z-'-'-'7.' ,.::"..,,t,: ,,..„,,,,, w , , , , , . . ...„•..... ......,..,.., ,•,, ,,,,.,.,....4:..k,z i - ..w I 1 I''S r • YS aX 1 1 i i i K. l'At ` • . d 61 i -___..1,.-.., Light Rail l ! P' '") 1 Station it \..„.-..... ' tiOPZ? ; Kg,'7!"'"4";;;'-';,- ------,,-: s ._ 1 Y h a i. k. -,..,• i Proposed Land Use • '), i (t;7,1 Mid-Density Residential tS.launitsiacr�) _ .'.�•` j W;i � ; r - I 1i ' High-Density Residentialt�s+unrslacre) -- �` rr ....E .,,. — ` Regional Commercial . G Neighborhood Commercial tt ,/ r" i — alMixed Use-High Density Residential ..._4, .3w.AKAOrt k.,..:...__..... .__.._.... ; _�.,.._ .�,.._..._._.._......_. Above Ground Level Commercial i is i Office ii Flex-75%Office,25%Industrial Next Steps 1. Adopt Plan as Advisory Tool • Using the Plan as an advisory tool gives the City a framework for decision making without adversely effecting property owners. • Redevelopment will happen incrementally over time. As the City is approached by property owners and/or developers with redevelopment plan, staff will share the City's new vision for the area and attempts to effectuate change through collaboration versus enforcement. 6(e. • Implementing the Plan through a Comprehensive Plan amendment could have adverse consequences to the area by making current land uses non- conforming. 2. Determine Public Purpose • There is a shortage of sites around the Eden Prairie Center for addition retail development. Creating a second retail district will accommodate retail uses that may be desired by Eden Prairie's residents. • A transit oriented mixed-use redevelopment strategy as envisioned in the Plan may be more sustainable in the long run, and will likely increase the tax base and of the GTA, while improving traffic conditions. 3. Conduct Preliminary Analysis of Potential Redevelopment Sites • This would help establish a basis for using TIF and other public financing tools to assist with the redevelopment of the GTA. The analysis could also be accomplished incrementally as developers bring projects forward, which could garner savings to the City if leveraged against the entire project and/or developer. 4. Take Sustainable and Incremental Steps Toward Redevelopment CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 15, 2004 DEPARTMENT/DNISION: ITEM NO.: Through: Robert A. Lambert, ITEM DESCRIPTION: Director of Parks &Recreation From: Stuart A. Fox, Manager^of, Tax Forfeited Lands `t Parks and Natural Resources ,f Requested Action Move to: Approve the resolution authorizing the disposal of three parcels of tax forfeited land. Synopsis These properties were reviewed by the City Council in 1996. Due to errors in the original Council Resolution these tax forfeited parcels are back before the City Council for formal action. Attached is a list received from the Hennepin County certified as Non Conservation Classification List 942-NC. These properties have been pronounced tax forfeit to the State of Minnesota for non payment of property tax. As provided in State Statue 282, Hennepin County has requested the City to make a recommendation as to the disposal of these three land parcels. The City can either approve the parcels for public auction, approve the parcels for sale to the adjacent property owner, withhold the properties from auction for one year, or request conveyance of the property to the City for public use. The list of three parcels of property is described as follows: Parcel PIN Description Pending Specials 1 04-116-22-31-0066 Outlot A,Edenvale 14th Addition 0 2 04-116-22-34-0091 Outlot A,Massee Addition 0 • 3 06-116-22-22-0096 Outlot B except HWY, Hidden Glen 3rd 0 Background The staff has reviewed these three parcels and has looked at the potential use of the parcels for public purposes. The staff feels that two of these parcels do have use for public purposes and they would be as follows: Parcel #2 is a parcel of land adjacent to Outlot G of Edenvale 31'd Addition. Outlot G has a City well house and a mini park located on it and it is part of the Edenvale Conservation Area. Parcel #3 is a parcel of land adjacent to Highway 101 and runs parallel to the highway right-of- way at the 101 curve adjacent to the Chanhassen/Eden Prairie border. Tax Forfeited Lands June 15, 2004 Page 2 One parcel does not have use for public purpose. That parcel is Parcel #1, an outlot that was created during Edenvale 14th Addition; however, it has insufficient size and frontage as a buildable lot. This parcel should be put on the public auction for sale to an adjacent property owner. Staff recommends these parcels should be conveyed as follows: Parcel#1 —Retained by Hennepin County and sold to an adjacent property owner. Parcel #2 — Request conveyance of this parcel of forfeited land to the City of Eden Prairie for inclusion in our public open space. Parcel #2 would add to the area already controlled for the public open space in the Edenvale area,known as the Edenvale Conservation Area. Parcel#3 —Be conveyed to the Hennepin County Public Works Department as road right of way. Attachment Resolution Maps CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. A RESOLUTION AUTHORIZING THE DISPOSAL OF TAX FORFEITED LAND WHEREAS,the City of Eden Prairie has received from the County of Hennepin Non-Conservation List 942-NC,which lists 3 (three)properties in said municipality which have become property of the State of Minnesota for non payment of real estate taxes, (list attached), and WHEREAS,provided in Minnesota Statue 282,the City Council is asked to determine the disposal of these parcels of land, and WHEREAS,the City can approve the parcels for public auction, or approve sale of the parcels to adjacent landowners, or request conveyance to the City for public use without monetary consideration, or request that the parcel be withheld from public auction for one year. NOW, THEREFORE,BE IT RESOLVED that the City of Eden Prairie does request the Board of Hennepin County to approve the disposal of these parcels in the following way: • The 3 (three)properties be classified as non-conservation land. • The following parcel be conveyed to the City of Eden Prairie for parkland purposes: PIN 04-116-22-34-0091 with no pending specials • The following parcel be conveyed to Hennepin County for roadway purposes: PIN 06-116-22-22-0096 with no pending specials • The following parcel be sold to an adjacent property landowner: PIN 04-116-22-31-0066 with no pending specials ADOPTED by the City Council of the City of Eden Prairie this 15th day of June 2004. 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L4.,.r 12. 715); • North T - 7Lf • • LIST...942-NC CONSERVATION & • NON—CONSERVATION LANDS Property ID Number PREVIOUS OWNER SPECIAL Conservation=C NER Prciperty Address Target ' LEGAL DESCRIPTION DATE BUILDING LAND MARKET ASSESSMENTS Non-Conserv.=N No. Property Type/ Structu Area FORFEITEI VALUE VALUE VALUE BEFORE FORFEITURE kniniMOMAPIATKAIRMiCOmmigniiiimingq--- PARCEL I . 11299 04-116-22-3.1-0066 No Edenvale Association 6/20/96 0 $1,000 $1,000 0 Address Unassigned Outlot AEdenvale 14th Addition N Vacant Land • ?Aiwa Z. 11300 04-116-2234-0091 • •No • EdenVale Association 6/20/96 • 0 $1,000 $1,000 0 Address Unassigned ' Outlot AMa ssee Addition • •N . Vacant Land • •• • PAPE.C3 11302 06-116-22-22-0096 No Frontier Midwest Homes Corp: 6/20/96 0 $12,600 $12,600• 0 Address Unassigned ' Outlot B ex HWY•Hidden Glen 3rd N Vacant Land • ' • • • • • tj • • • (..5) • • • • • • • • • • • LOTUS\LIST 942-NC 8 8 /96 . CITY COUNCIL AGENDA DATE: June 15,2004 SECTION: Consent Calendar DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 04-5617 ITEM NO.: Engineering Services Award Contract to Recondition Lift Station Dave Olson No. 3 Eugene A. Dietz Requested Action Move to: Award Contract to Recondition Lift Station No. 3 in the amount of $128,310.00 to Parrot Contracting, Inc.. Synopsis Sealed bids were received Thursday, June 3, 2004 to Recondition Lift Station No. 3. Four bids were received and are tabulated as follows: Parrot Contracting, Inc. $128,310.00 Penn Contraction, Inc. $137,500.00 CCS Contraction,Inc. $152,200.00 Magney Construction, Inc. $169,900.00 Background Information This project includes the replacement of sanitary sewer lift station pumps, electrical controls and the installation of a control valve manhole. The lift station, located at 6600 Duck Lake Road, is 24 years old and is in need of major reconditioning to continue providing service to the area. Although the 2004 sewer maintenance budget provided funding in the amount of$85,000, the work is necessary and there is no expectation that the project could be reduced in scope or that bidding the work later would result in a lower cost. Staff therefore recommends that the project be awarded to Parrot Contracting, Inc. in the amount of$128,310.00. CITY COUNCIL AGENDA DATE: June 15,2004 SECTION: Consent Calendar DEPARTMENT AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Engineering Division Grading Permit for Parking Lot Expansion at Randy L. Slick C.H.Robinson T, Eugene A.Dietz Requested Action Move to: Authorize issuance of grading permit to C.H. Robinson for expansion of existing parking lot. Synopsis C.H. Robinson is requesting City approval for a grading permit for the implementation of the parking lot improvements located at 8100 Mitchell Road. C.H. Robinson is proposing to increase the number of parking stalls by 49 as well as improve the overall traffic flow through the site. Approximately 3000 cubic yards of material is to be moved on the site. Background Information Engineering staff has reviewed the plans for conformance to our standards for erosion control and drainage. The Watershed District permit was issued on March 3, 2004. Planning staff has reviewed the proposal for conformance to City Code. The plan is in conformance with City Code and policy related to erosion control. Attachments Grading Plan —l1 ,. 11 ii x If 11 11 ra Z II i 4 ai ._.w.1 A ; - y l sl "1 0 t r M 41 a� 111I(!:i,1 ll rll I l � W- rp � [ �;i li ' �[ §il Z= ;c..) 0 K l s, m crz�[[2:iliii3 1 I t 1i 1 1 1 I d a. v, = sEf1e lib 141111 ae OF 6trei111big € g a ep.ag t aQ 5 1,9 a1E /:,€g;tq xg .le iq a he Et x 1. g 61 1 Pit i 4�IS= I € R ?? 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E _ Il, ii`- I ‘...'IT ~.� ,IE I s, g a& v :;t•..:(1 1 g C 1 ;1; I , `i_' ,.1•. f:M.: -11'0 t��,, J= y .;*:; i„ :E 1 1, 1l 'I--' ' .''g17: • :r,..•„ dm )..4,` '••-EX-I ti .1�•, .7 -- • 1j1 I '11 :i „'.• • .; ▪ pi! ♦ °)"'_-.._..-._-=c`:s.,iic•-, --i Z ": -1—P i ,741P-1 i.;"�, r—--I 1 .. • I• ,I I J-. ._ r- \ '`�i :I i 1 y'iti ri a•-.i ---ram. !t' 0 _ - - -1 rr ? • -�, is-, _ I ,I t.t{�s a- .11 1 I -.,,, 1.; I 1 I- p 4I. : . -• —. r_4 \ —_— ;' ,. 'y;_, • ,.�., aD. a-4. i. .t'1 �; *I "c' ��% I".::i e_ `II.i ' I 1 `� i I- _ 1 i _ s:: 1 I E14.61: 1t Yg,1,1_` _ _ 1 J 1 Y... y} zg y 1E I 1.... •• 91gEYa E' • C i 'T LI r1 IA; I, i I _I__ -1 T— 13-ii riL Ee ' i ,'I: 1 _— • I 'II - : 1 ,- _ - I Ei': i _ $ .. '. I'I ,.1 i i ',I.I .i•- a a= r /:it 7 5 CITY COUNCIL AGENDA DATE: 6/15/04 SECTION: Public Hearings DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development/Planning Michael D. Franzen Flying Cloud Mall r . A . Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for Guide Plan Change from Industrial to Neighborhood Commercial on 2.96 acres; and • Adopt the Resolution for Planned Unit Development Concept Review on 2.96 acres; and • Approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Change from Commercial Highway to Neighborhood Commercial on .65 acres and from I-2 to Neighborhood Commercial on 2.31 acres; and • Adopt the Resolution for Preliminary Plat on 2.96 acres into 1 lot; and • Direct Staff to prepare a Development Agreement incorporating Staff and Board recommendations and Council conditions. Synopsis This project is for a 25,000 square foot retail building. A guide plan change from Industrial to Neighborhood Commercial is required. Community Planning Board Recommendation This concept was first reviewed by the Community Planning Board at an informational meeting on December 5, 2003. The Board believed that a commercial use for the property was appropriate and that redevelopment on this site may be a catalyst for change on other sites. The Community Planning Board voted 8-0 to recommend approval of the project at the May 24, 2004 meeting, subject to architectural revisions to add more detail, different materials, lights, and to create a pedestrian scale. The plans have been revised to include additional brick, more columns, decorative wall lights, canopies, and windows. Background Information This area is a collection of different land uses built at different times and the conditions of the . properties vary. Many of the sites were built prior to current zoning and are non-conforming. The change in the guide plan for this site could be the catalyst for other sites to improve or change to other appropriate and compatible uses. Since the site is near County Road 1 and Highway 212, some of the uses will serve more than the immediate neighborhood, or a community orientation. Since approximately 28 acres of Regional Commercial and Community Commercial have been converted to residential uses,this site could provide the opportunity to recapture commercial uses for the benefit of the City. Attachments 1. Resolution for Guide Plan Change 2. Resolution for PUD Concept Review 3. Resolution for Preliminary Plat 4. Planning Staff reports for December 5, 2003 and May 21, 2003 5. Community Planning Board Minutes for December 8, 2003 and May 24,2004 FLYING CLOUD MALL CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2004- A RESOLUTION AMENDING THE COMPREHENSIVE MUNICIPAL PLAN WHEREAS, the City of Eden Prairie has prepared and adopted the Comprehensive Municipal Plan ("Plan"); and WHEREAS, the Plan has been submitted to the Metropolitan Council for review and comment; and WHEREAS, the proposal of Flying Cloud Mall, by Dennis Kleve for a 25,000 square foot retail building; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Eden Prairie, Minnesota, hereby adopts the amendment of the Plan subject to Metropolitan Council approval as follows: ADOPTED by the City Council of the City of Eden Prairie this 15th of June, 2004. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen A. Porta, City Clerk FLYING CLOUD MALL CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2004- A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF FLYING CLOUD MALL FOR DENNIS KLEVE 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 May 24, 2004, on Flying Cloud Mall by Dennis Kleve and considered their request for approval of the PUD Concept plan and recommended approval of the request to the City Council; and WHEREAS, the City Council did consider the request on June 15, 2004. NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. Flying Cloud Mall, 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 April 19, 2004. 3. That the PUD Concept meets the recommendations of the Community Planning Board dated May 24, 2004. ADOPTED by the City Council of the City of Eden Prairie this 15th day of June, 2004. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen A. Porta, City Clerk EXHIBIT A PUD Concept- Flying Cloud Mall Legal Description: Lot 1, Block 2,Augusta Addition, Hennepin County,Minnesota AND Lot 1, Block 1, M&K Addition, Hennepin County,Minnesota AND The West 160 feet of that part of the Southeast 1/4 of the Northeast 1/4 of Section 27,Township 116, Range 22 described as follows: Commencing on the North line of said Section 27 at a point 330.00 feet(5 chains)West of the Northeast corner of said Section;thence South parallel with the East line of said Section 3300.00 feet(50 chains)to the South line of the North 1/2 of the Northeast 1/4 of the Southeast 1/4 of said Section 27;thence West 660.00(10 chains)to the west line of the east 990.00 feet of said Southeast 1/4 of the Northeast 1/4; thence North 3300.00 feet(50 chains);thence East 660.00(10 chains)to the place of beginning,EXCEPT that part lying South of the North line of the South 1/4 of the Northeast 1/4 of Section 27 and EXCEPT that part lying North of the Southerly line of Registered Land Survey No. 791. Subject to road easement over the Northerly 33 feet thereof. FLYING CLOUD MALL CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2004- RESOLUTION APPROVING THE PRELIMINARY PLAT OF FLYING CLOUD MALL FOR DENNIS KLEVE BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Flying Cloud Mall for Dennis Kleve stamp dated April 19, 2004, and consisting of 2.96 acres into 1 lot, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 15th day of June, 2004. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen A. Porta, City Clerk STAFF REPORT TO: Community Planning Board FROM: Michael D. Franzen, City Planner DATE: December 5, 2003 SUBJECT: Kleve Retail —Informational Meeting APPLICANT/ Dennis Kleve OWNER: Dale and Dennis Kleve LOCATION: Pioneer Trail and Highway 212, east of Superamerica c5 Staff Report— Kleve Retail - Informational Meeting December 5, 2003 PURPOSE The purpose of the informational meeting is for: 1. The developer to present the proposed concept plan. 2. The developer, the Community Planning Board, and staff to hear comments from area residents on the proposal. 3. To identify issues for the developer and staff to address in detailed plans prior to returning for a public hearing. DEVELOPMENT PROPOSAL Kleve Heating would like the Board to consider a change in the guide plan from Industrial to Neighborhood Commercial on 2.96 acres in order to build a 25,000 square foot retail building. EXISTING GUIDE PLAN There are 94.08 acres of land guided commercial to be developed in the city. Most of this land is guided Regional Commercial. Regional Commercial guiding is intended for higher intensity uses such as regional malls, apartments, office buildings, hotels and restaurants. Neighborhood commercial uses are sometimes found in Regional Commercial areas. Typically neighborhood commercial areas are scattered throughout the community near collector roads,serving an area of 1-2 miles. The 1982 guide plan, based on a projected population of up to 120,000 people, suggested,10— 15 neighborhood commercial areas would be appropriate to serve the needs of the residential and business community. The 2002 Guide Plan Update forecasts a population of 65,000. There are currently 11 neighborhood commercial areas in the city ranging in size from 5,000 to 50,000 sq. ft. The code permits up to 50,000 sq. ft. for neighborhood commercially zoned property. The 2002 Guide Plan identifies one future neighborhood commercial site as part of Hennepin Village along Highway 212 south of the airport. Staff Report- Kieve Retail - Informational Meeting December 5, 2003 Comparison of Existing and Guided Land Uses,2001-2020 Existing Guided Remaining Land Use Land Use Guided Land Use Type Acres Acres Acres Residential 6,625.76 7,985.24 1,359.48 Low Density Residential 5,275.51 6,391.52 1,116.00 Low Density Residential/Public/Open Space 0 76.23 76.23 Medium Density Residential 1,195.55 1,279.04 83.49 Medium Density Residential/Office 0 31.56 31.56 High Density Residential 154.70 206.90 52.20 Commercial 536.46 630.52 94.08 Regional Commercial 427.66 496.07 68.41 Community Commercial 67.74 73.26 5.52 Neighborhood Commercial 41.06 61.20 20.14 Office 453.83 646.66 192.82 Office 453.83 602.81 148.98 Office/Industrial 0 12.29 12.29 Medium Density Residential/Office 0 31.56 31.56 Industrial 1,387.92 1,442.70 54.78 Industrial 1,387.92 1,430.41 42.49 Office/Industrial 0 12.29 12.29 Public/Quasi-Public 1,480.82 1,459.19 -21.63' Park/Open Space 4,694.60 5,129.79 435.20 Park/Open Space 4,694.60 5,051.60 357.00 Office/Public/Open Space 0 78.20 78.20 Church/Cemetery 219.36 221.05 1.69 Rural/Vacant 2,116.42 0 0 Water 1,926.98 1,926.98 0 Right-of-Way 3,151.32 3,151.32 0 Total 22,594.46 22,594.46 2,116.42 Source: City of Eden Prairie, 2001 RECENT GUICED PLAN CHANGES FROM COMMERCIAL TO OTHER USES During the last three years approximately 28 acres of Regional Commercial and Community Commercial have been converted to other land uses. • Hartford Commons- 18 acres from Regional Commercial to High Density Residential • Water Tower- 5.59 acres from Community Commercial to High Density Residential • Lincoln Parc-4.83 acres from Community Commercial to High Density Residential. Staff Report— Kleve Retail - Informational Meeting December 5,2003 COMMERCIAL IN THE IMMEDIATE AREA Superamercia, 1.05 acres, is the only commercial site in the immediate area.. SITE PLAN The site plan meets basic requirements for neighborhood commercial zoning including lot size, setbacks,and parking. The loading area faces a residential neighborhood and will require screening. STAFF ASSESSMENT This area is a collection of different land uses built at different times and the conditions of the properties vary. Many of the sites were built prior to current zoning and are non-conforming. The change in the guide plan for this site could be the catalyst for other sites to improve or change to other appropriate and compatible uses. Since the site is near County Road 1 and Highway 212, some of the uses will serve more than the immediate neighborhood, or a community orientation. Since approximately 28 acres of Regional Commercial and Community Commercial have been converted to residential uses, this site could provide the opportunity to recapture commercial uses for the benefit of the City. There will be traffic impacts on evenings and weekends. A detailed traffic study will be needed to determine what road improvements beyond upgrading Pioneer Trail may be necessary. The Community Planning Board should discuss the following questions. 1. Should the land remain guided Industrial or changed to Neighborhood Commercial? 2. Does the City benefit from additional neighborhood commercial? 3. Does the neighborhood benefit from additional neighborhood commercial? 4. What are the potential development impacts? STAFF REPORT TO: Community Planning Board FROM: Michael D. Franzen, City Planner DATE: May 21, 2004 SUBJECT: Flying Cloud Mall APPLICANT/ Dennis Kleve OWNER: Dale and Dennis Kleve LOCATION: Pioneer Trail and Highway 212, east of Superamerica 1. Comprehensive Guide plan Change from Industrial to Neighborhood Commercial on 2.96 acres. 2. Planned Unit Development Concept Review on 2.96 acres. 3. Rezoning from Commercial Highway to Neighborhood Commercial on .65 acres and rezoning from I-2 to Neighborhood Commercial on 2.31 acres. 4. Preliminary Plat of 2.96 acres into 1 lot. 5. Site Plan Review on 2.96 acres Area Location Map - Flying Cloud Mall (2004-07) Addre • ss = 13075 Pioneer Trail • • • • • .. , ' F,:::.'..' F -:_�;_�, Yorkshire bane t • • _ €:• _- -- f • Flying Cloud Drivel2'12 / ,, __• _ - . _•" ; i _ .. >: :::_ Pioneer Trail • f • .. = -= - - =r l / I Pioneer Trail I. i .:.:. ....:: __ _ == _Na_Scale: Staff Report—Flying Cloud Mall May 21, 2004 BACKGROUND This concept was first reviewed by the Community Planning Board at an informational meeting on December 5, 2003. The Board believed that a commercial use for the property was appropriate and that redevelopment on this site may be a catalyst for change on other sites. EXISTING GUIDE PLAN Typically neighborhood commercial areas are scattered throughout the community near collector roads,serving an area of 1-2 miles.There are currently 11 neighborhood commercial areas in the city ranging in size from 5,000 to 50,000 sq. ft. The code permits up to 50,000 sq. ft. for neighborhood commercially zoned property. The 2002 Guide Plan identifies one future neighborhood commercial site as part of Hennepin Village along Highway 212 south of the airport. During the last three years approximately 28 acres of Regional Commercial and Community Commercial have been converted to other land uses. • Hartford Commons— 18 acres from Regional Commercial to High Density Residential • Water Tower— 5.59 acres from Community Commercial to High Density Residential • Lincoln Parc—4.83 acres from Community Commercial to High Density Residential. SITE PLAN The site plan shows a 25,167 square foot building. The site plan meets basic requirements for neighborhood commercial zoning including lot size, setbacks, and parking. ARCHITECTURE The plan meets the requirement for 75% face brick, glass, or natural stone on the exterior walls. LANDSCAPING The plan meets the landscaping requirement of 80 inches. SUMMARY This area is a collection of different land uses built at different times and the conditions of the properties vary. Many of the sites were built prior to current zoning and are non-conforming. The change in the guide plan for this site could be the catalyst for other sites to improve or A Staff Report—Flying Cloud Mall May 21, 2004 change to other appropriate and compatible uses. Since the site is near County Road 1 and Highway 212, some of the uses will serve more than the immediate neighborhood, or a community orientation. Since approximately 28 acres of Regional Commercial and Community Commercial have been converted to residential uses, this site could provide the opportunity to recapture commercial uses for the benefit of the City. There will be traffic impacts on evenings and weekends. The Community Planning Board should discuss the following questions. 1. Should the land remain guided Industrial or changed to Neighborhood Commercial? 2. Does the City benefit from additional neighborhood commercial? 3. Does the neighborhood benefit from additional neighborhood commercial? 4. What are the potential development impacts? STAFF RECOMMENDATION Recommend approval of the following request: • Guide plan Change from Industrial to Neighborhood Commercial on 2.96 acres. • Planned Unit Development Concept Review on 2.96 acres. • Rezoning from Commercial Highway to Neighborhood Commercial on .65 acres and rezoning from I-2 to Neighborhood Commercial on 2.31 acres. • Preliminary Plat of 2.96 acres into 1 lot. • Site Plan Review on 2.96 acres This is based on plans dated May 21, 2004, and the following conditions: 1. Prior to release of the final plat, the proponent shall submit detailed storm water runoff, utility, and erosion control plans for review and approval by the City Engineer and Watershed District. 2. Prior to grading permit issuance, the proponent shall: A. Notify the City and Watershed District 48 hours in advance of grading. 3. Prior to building permit issuance for the property,the proponent shall: A. Provide a plan for screening of mechanical equipment that includes the roofline of the building and the location and height of equipment. B. Pay the Cash Park Fee. Staff Report—Flying Cloud Mall May 21, 2004 / C12 Planning Board Minutes December 8, 2003 Page 11 VI. INFORMATIONAL MEETING A. INFORMATIONAL MEETING—KLEVE RETAIL DEVELOPMENT by Dennis Kleve. Request for Informational meeting to discuss a Guide Plan Change from Industrial to Neighborhood Commercial, Rezoning from Rural and I-2 to Neighborhood Commercial, Preliminary Plat, and Site Plan Review. Location: 13075 Pioneer Trail. Dennis Kleve presented the project and stated he is requesting a change in the guide plan from Industrial to Neighborhood Commercial on 2.96 acres in order to build a 25,000 square foot retail building. Franzen stated this area is a collection of different land uses built at different times and the conditions of the properties vary. Many of the sites were built prior to current zoning and are non-conforming. The change in the guide plan for this site could be the catalyst for other sites to improve or change to other appropriate and compatible uses. One of the questions would be whether there is a need for rezoning in this area and whether a change from industrial to commercial would fit in this area. He said notices were sent to surrounding property owners although it was not required. Chuck Scheberger of 18014 Valley View Road stated he has two properties adjacent to this area. He said they aren't opposed to retail but has concerns regarding additional traffic, parking needs and adequate lighting. Tim Borgett stated he has a business east of the proposed development. He stated he is in favor of it but he has a manufacturing business with noise and odors. He said he would like to see a shared drive which would benefit both. Amy Berk of 9549 Yorkshire Lane stated she was interested in knowing what was being proposed and had no comments or questions. Stoelting asked the proponent to address the concerns regarding parking,traffic and lighting. Kleve responded there is currently adequate lighting and if they need to add some they would do so. He said the noise and odor shouldn't be an issue. He said they would like to make the property more usable with a restaurant and they would welcome comments. Stoelting asked staff to address traffic impacts. Gray responded an overall traffic study hasn't been done and if they are changing land use, the City may want to do a study of intersections at Pioneer Trail. The intersection of 212 and Pioneer Trail will need to be looked at in the future. He said it's important the intersections work well and the study can determine the level of service and how it will change. Stoelting asked if the study would be initiated with this project or when Pioneer Planning Board Minutes December 8, 2003 Page 12 Trail is upgraded. Gray responded studies can be funded by the developer,the City or County. Nelson asked if a gas station or fast food restaurant would be allowed in this development. Franzen responded they could be allowed. A request for a gas station would need to go through the process again. He said for a guide plan change staff looks at compatibility and traffic impacts. Nelson asked Kleve if he knows for a fact there would be a restaurant. Kleve responded that he is not sure and that he would like to see a nice sit-down restaurant. Steppat asked what kind of activities or tenants would be there. Kleve said he would like to see tenants similar to those in other retail centers and the restaurant wouldn't be fast food or a drive through. Stoelting asked if when they come back before the Board whether they would have specific tenants and a design in mind. Kleve answered he would have drawings but wasn't sure about tenants. Brooks asked who owned the land south of the site. Franzen responded it's owned by the Metropolitan Airport Commission and the land is used for public gardens. Brooks stated they need to address sight lines and provide appropriate buffers for abutting properties and signage needs to be addressed. Kleve stated that because of the airport, there are height restrictions on the buildings of 27 feet and he realizes signage will be important. Seymour asked whether the MAC site was a runway impact zone. Franzen responded no. Steppat stated he is in favor of the changes in the area and if it could serve as a catalyst and lead to other improvements it would be a positive project. Stoelting asked about a common drive and if that would fit in the development. Kleve responded the needs of the City and neighbors can be taken into account. He would be agreeable and if it is feasible has no problem with the shared drive.. Stoelting summarized the Board's input by stating there needs to be a traffic study done; the proponent needs to determine the type of retail and restaurant, and signage all need to be incorporated in the formal plans in the future. 0LI Community Planning Board May 24, 2004 Page 8 C. FLYING CLOUD MALL by Kleve properties, location Pioneer Trail, east of Highway 212. Request for Comprehensive Guide Plan change from Industrial to Neighborhood Commercial on 2.96 acres, Planned Unit Development Concept Review on 2.96 acres,Rezoning from Commercial Highway to Neighborhood Commercial on .65 acres and rezoning from I-2 to Neighborhood Commercial on 2.31 acres, Site Plan Review on 2.96 acres, and Preliminary Plat of 2.96 acres into 1 lot. Dennis Kleve, 13075 Pioneer Trail,addressed the Board and said that they were at an information meeting in December and they would like to move ahead with the project. Kleve said he was there with his brother, Dale Kleve, and his architect if the Board would have any questions. Stoelting asked if Kleve would review the format of the project and what they are proposing. Martin Woody, Architect for the project,said they are proposing combining existing lots that are zoned Industrial and they would like them zoned Neighborhood Commercial. Woody explained that the building would be a one- story building for retail businesses. The buildingwould be a steel structure with a 75% glass and brick façade. Woody said that they are proposing a building with a little over 25,000 square feet and approximately 151 parking spaces. The types of businesses are smaller retail users such as Dominoes, Radio Shack, coffee shops, etc. Franzen said that staff and the developer came before the Board in December and this proposal is a change in the Comprehensive Plan. The Board felt that this change in land use would be appropriate for the area. This proposed building is across the street from SA and McDonalds. Franzen felt that this change from Industrial to Neighborhood Commercial would make sense at this site. Franzen indicated that the plans met all of the City requirements and is according to Code. Staff recommends approval. Stoltz indicated that he had no problem with changing the land use, but it seemed that there was not much.thought put into what the building would look like. The plans seem one-dimensional.and that is disappointing. Stoelting asked Franzen how the proposed building materials compare with the City's specifications. Franzen said that Code requires that 75% of the facade consist of glass and natural materials like brick or stone,but the Code does not tell the builder how to design the building. Franzen said that if the Board is suggesting changes in architecture; the staff and developer would work on revising the plans. Franzen said that the 95 Community Planning Board May 24, 2004 Page 9 Board could approve the Guide Plan change and the City could work with the developer on the architecture of the building. Martin Woody, Architect, said that these types of building are laid out based on economics. Woody said that in the center of the building they have a jog where the facade is moved back about 12 feet and they could plant some garden space in the front. Stoltz asked Woody what the building would look like at night and inquired about the lighting on the building. Woody said that they will include wall mounted lighting fixtures by the entrances. I Ie also said that there is lighting on the façade, which will be about the same height as the awnings. Nelson asked if there was any discussion about pole lighting outside. Woody said that on the front of the building there will be wall mounted light fixtures, but they could look at the option of adding a dressier fixture. He said that the objective is to light the parking lot and transition to lighting on the front of the building. Kleve said they were looking at options on lighting, but indicated that they had a height restriction on the building. Sutherland asked about the difference between scheme A and scheme B. Woody said that the footprints between scheme A and scheme B are similar; however the two-story scheme is a smaller footprint and they would add a second story mezzanine. Woody said that one tenant requested a two-story space. Sutherland said that any approval from the Board would leave both options open. Seymour thought the project was a good fit for the area and changing the use of this property would be a catalyst for change in that area, but he said he would like to see a little more of an upgrade on the building. Seymour said the drawings were not acceptable because they do not show all the materials that meet code. Seymour said he would like to see some of the lighting on the building and more detail on the plans. Stoelting asked the Board if they were comfortable with the plans since some members have expressed concerns about the lighting and façade on the building. Stoelting said the Board could go forward with the motion and give specific direction to staff or the Board could continue the project until the next meeting. c Community Planning Board May 24, 2004 Page 10 Franzen said that it is a question of scale,the type of materials, and the detailing of the building. He mentioned that this is not a large building at 25,000 square feet. Stoelting said that the developer could work with Franzen on some of the detail issues. Seymour said that he would like to see more detail on the plans such as color of brick and lighting. Stoelting asked the Board members if they would be comfortable with Franzen working with the developer on the details of the plans. MOTION by Seymour, seconded by Nelson to close the public hearing. Motion carried 8-0. MOTION by Seymour, seconded by Nelson to approve the request by Flying Cloud Mall by Kleve properties, location Pioneer Trail, east of Highway 212. Request for Comprehensive Guide Plan change from Industrial to Neighborhood Commercial on 2.96 acres, Planned Unit Development Concept Review on 2.96 acres, Rezoning from Commercial Highway to Neighborhood Commercial on .65 acres and rezoning from I-2 to Neighborhood Commercial on 2.31 acres, Site Plan Review on 2.96 acres, and Preliminary Plat of 2.96 acres into 1 lot based on plans dated May 21, 2004 and subject to the following conditions: (1) Prior to release of the final plat,the proponent shall submit detailed storm water runoff, utility, and erosion control plans for review and approval by the City Engineer and Watershed District, (2) Prior to grading permit issuance the proponent shall notify the City and Watershed District 48 hours in advance of grading, (3) Prior to building permit issuance for the property, the proponent shall provide a plan for screening of mechanical equipment that includes the roofline of the building and the location and height of equipment and pay the Cash Park Fee, and (4) City staff will work with the project architect to upgrade the façade of the building. Motion carried 8-0. Franzen told the Board members he would bring back the revised elevations and the plan details for the Board. c1- CITY COUNCIL AGENDA DATE: 6/15/04 SECTION: Public Hearings DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development/Planning 1, _ Michael D. Franzen Grootwassink Subdivision t' Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for Planned Unit Development Concept Review on 7.88 acres; and • Approve 1st Reading of the Ordinance for Planned Unit Development District Review and Zoning District Amendment in the Rural District on 7.88 with waivers on 7.88 acres; and • Adopt the Resolution for Preliminary Plat on 7.88 acres into 2 lot; and • Direct Staff to prepare a Development Agreement incorporating Staff and Board recommendations and Council conditions. Synopsis This is a preliminary plat in the Rural zoning district of 7.88 acres into two lots. Wavers are required for lot size, lot dimension and setbacks. Community Planning Board Recommendation The Community Planning voted 8-1 to recommend approval of the project to the City Council at the May 24, 2004 meeting, subject to soil tests verifying the suitability for septic tank use and inspection of the existing tank and drain field systems to determine if it meets current state standards. Background Information The project requires the following waivers. Code Lot 1 Lot 2 10 acres 2.28 acres 1.60 acres 300 foot width 265 feet 211 feet front setback 50 feet 25 meets side setback 50 feet 20 feet 25 feet side setback 100 feet meets 50- feet The property could develop when sewer and water is available in the future and no waivers would be required. By granting the waivers now,the City receives 4 acres of land dedication and 2 acres of conservation easement. Attachments 1. Resolution for PUD Concept Review 2. Resolution for Preliminary Plat 3. Planning Staff report May 21, 2004 4. Community Planning Board Minutes May 24,2004 99 GROOTWASSINK CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2004- A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF GROOTWASSINK FOR ROBERT AND JOAN GROOTWASSINK 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 May 24, 2004, on Grootwassink by Robert and Joan Grootwassink and considered their request for approval of the PUD Concept plan and recommended approval of the request to the City Council; and WHEREAS, the City Council did consider the request on June 15, 2004. NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. Grootwassink, 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 April 27, 2004. 3. That the PUD Concept meets the recommendations of the Community Planning Board dated May 24, 2004. ADOPTED by the City Council of the City of Eden Prairie this 15th day of June, 2004. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen A. Porta, City Clerk 'Co EXHIBIT A PUD Concept- Flying Cloud Mall Legal Description: Lot 1, Block 1, Turnbull Addition 'Of GROOTWASSINK CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2004- RESOLUTION APPROVING THE PRELIMINARY PLAT OF GROOTWASSINK FOR ROBERT AND JOAN GROOTWASSINK BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Grootwassink for Robert and Joan Grootwassink stamp dated January 12, 2004, and consisting of 7.88 acres into 2 lots, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 15th day of June, 2004. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen A. Porta, City Clerk Community Planning Board May 24, 2004 Page 11 D. GROOTWASSINK by Robert and Joan Gootwassink. The request is for Planned Unit Development Concept Review on 7.88 acres, Planned Unit Development District Review and Zoning District Amendment in the Rural Zoning District on 7.88 acres, Preliminary Plat of 7.88 acres into 2 lots, Location: 9999 Dell Road. Paul Vogstrum, 3375 Crystal Bay Road, Orono, said he was there to represent the applicant. He indicated that they applicants are trying to split the lot in half and subdivide the property into two lots. The back of the lot on the site would be an outlot and it would be given to the City. Vogstrum said the applicants are proposing to add a home on the west property and there is an existing house on the east property. The requirement for this area is a 10-acre minimum, but they are trying to have 7.2 acres rather than the 10 acres. He said there is adequate room for a septic system. Franzen said that discussion about subdividing the lot has been going on for a couple of years. Franzen said that there is no sewer and water in this area, but the City has considered dividing the property if the City could protect the bluff. The City made an offer to the applicants that if they dedicated 4 acres plus a 2-acre easement,the City would then support developing the property. This dedication of property to the City will preserve the bluff, slopes and trees in this area. Franzen said there is another alternative,the Board could decide not to develop it until there is sewer and water available, however without the land dedication to the City, there would be 6 to 8 houses in that area. The Board could recommend the waivers to the City Council and•protect the natural features in that area. The applicants are giving up land for preservation to the City in exchange for subdividing their lot. Staff is recommending approval with the waivers. Nelson asked if this property is located in the Eden Prairie water table. Franzen said that the City has asked for a percolation and a soil test. Franzen said he did not think this area was in the wellhead protection area. Franzen said that the applicants do have to comply with State ordinances that address drainfields and separation distance of the well to the drainfield. Nelson said that she could not support the project if it is in a high permeability soil area. Kacher asked Franzen if this type of project had been done in the past. Franzen said that in the rural district there is no comparison but the City has done it throughout the City in other areas where there is City sewer and water. Kacher asked what happens when sewer and water is available to the area, could the applicants further subdivide. Community Planning Board May 24, 2004 Page 12 Franzen said that the City would have waivers on record to keep them from further developing. The outlot would be left exactly as it is. Franzen explained that they would record on the deed the developer's agreement and that restriction would be listed on the property deed and recorded as such. Gary Stevens, 17650 Flying Cloud Drive, expressed that he was concerned about building on the smaller lots rather than the 10-acre lots as required for the area. Stevens wanted to know if there are plans to upgrade Dell Road. Chuck Demers, 10001 Dell Road, indicated he had no problems with this project, but indicated he would like to subdivide his land. Demers wanted to know if the City is setting precedence for the area and would he be able to subdivide his land. Jeff Nyland, 9997 Dell Road, indicated that he also would like to subdivide his land, which is about 5 acres. Stoelting asked Franzen if these property owners could subdivide their land. Franzen said that the applicants are willing to dedicate 6 acres to preserve the land, and if other landowners can come up with the same type of agreement so that the City will be getting something in return,then they can apply for the same thing. The landowners would also have to meet the ordinances for a well, septic tank, parking, etc., without destroying the character of the property. Stoelting asked if the City had plans to upgrade Dell Road. Franzen said that it would be very expensive to upgrade Dell Road because of the drainage, grades and need for extensive retaining walls. Franzen said that the City is not proposing that Dell Road be upgraded until the Marshall property develops and it becomes a necessity. Kacher said that the precedence set could be an unfair one, because the landowner would have to give up three-quarters of their property. Kacher questioned if the precedence set could be applied fairly. Franzen said that if this proposal is approved,the City is going to use this as their guide and if the neighbors could come up with something similar then the City will consider it. Kacher questioned if the City wanted well and septic rather than City sewer and water. Franzen said that it is part of the trade off. IOU Community Planning Board May 24, 2004 Page 13 Stoltz asked what stipulates when the City brings in sewer and water and how is that decision made. Franzen indicated that if there is an area where sewer and water can be brought in then the developer pays for it. When a neighborhood comes in and they want a development and there is support for that neighborhood,then that is when the City contemplates approval. Stoltz said that if there is a precedence set tonight, there may be a lot of landowners coming into the City for the same type of request. Franzen said that from comments received tonight, he would expect similar applications. Franzen said that the City wants to preserve the slopes and protect the bluff along Hwy. 212. Stoltz asked if the other lots would meet the objectives that the City is putting in place. Franzen said they could meet the objective of conservation easements, but they would have to have the physical room for the drainfield, backup drainfield, and well for the houses they plan on putting on the lots. They would have to put together a plan and the City would have to review it. Stoltz indicated that he did not want to see a lot of houses in that area. Stoelting asked Franzen if he saw this project as preservation of the bluff area, and also limiting the development of that area. Franzen said that yes, this area is very fragile and the City wants to protect that area. When the City has an opportunity to preserve an environmental feature, it's a good thing. Franzen said that if this were not a good way to protect an environmental feature, he would not support it. Nelson asked how old was the existing septic system. Franzen said that it was about 20-25 years old. Nelson asked if there was anyway the City could insist that they bring the old septic system up to date. Franzen said that the City could require that. Nelson said that if the soil does not have high permeability and the old septic system were to be updated, she could support preserving the bluff. /03 Community Planning Board May 24, 2004 Page 14 Kacher said that there are about 10 to 20 homeowners in that area and asked whether the City would make an informal policy and set precedence. Kacher's concern was for fairness and setting precedence for that area. Stoelting asked to hear from the board members on the project. Rocheford said he would be comfortable with this approach and as new applicants come forward,the Board will be able to address the issues at that time and seek a solution for the property. Rocheford said he favors fewer homes in that area and in preserving the natural areas. Kacher said he was all right with taking an informal approach, but the Board should do it with their eyes wide open. Rocheford said that he believed there was a lot of value to preserving the land. As the Board is faced with variations of this type of request,the Board can look at the merits of each application. Nelson indicated she would like to see the soil and percolation reports and she would not want to go forward if the soil had a high permeability. Seymour said he was 90% comfortable with the project and expressed that he does like the fact that the City is getting something for this project, but does not want to set any precedence that might allow higher density in the area. Sutherland expressed that he would like to see the City rid of septic systems; however, he favored the environmental protection of that area. Sutherland indicated he was comfortable with the project. Stoltz said his concern is setting precedence for higher density in the area. Stoelting said that in the interest of the preservation of the bluff area, he approves of this project. Stoelting asked Franzen what he would be looking for from future property owners in that area and what concerns would need to be addressed. Franzen said that there are 3 or 4 items: (1) Half of the property would have to be dedicated. (2) Half of the remaining land would be a conservation easement to protect the slopes and trees. (3) Demonstrate the ability to put another house on the property without crowding the lot. (4) Demonstrate you can put a well, drainfield and back up drainfield, septic tank that meets the current State and City standards. Community Planning Board May 24, 2004 Page 15 Franzen said that the City has to be very clear about the reasons they have granted waivers, which is that it improves the property or protects a natural resource like the bluff. Each application would be reviewed on a case-by-case basis. If property owners bring in something that is very close to this type of request, and they meet the parameters, then the City would have to seriously look at the request. MOTION by Nelson, seconded by Rocheford to close the public hearing. Motion carried 8-0. MOTION by Nelson, seconded by Kacher to approve the request for Planned Unit Development Concept Review on 7.88 acres, Planned Unit Development District Review and Zoning District Amendment in the Rural Zoning District on 7.88 acres, Preliminary Plat of 7.88 acres into 2 lots, Location: 9999 Dell Road, by Robert and Joan Gootwassink subject to the conditions as listed in the May 21, • 2004 Staff Report plus two additional conditions to include: 1)the land is not located in high permeability soil, and 2) update of all current septic systems on the property. Motion carried 8-0. /07 STAFF REPORT TO: Community Planning Board FROM: Michael D. Franzen, City Planner DATE: May 21, 2004 SUBJECT: Turnbull 2°a Addition APPLICANT/ Robert and Jean Grootwasink OWNER: Robert and Jean Grootwasink LOCATION: 9999 Dell Road 1. Planned Unit Development Concept Review on 7.88 acres. 2. Planned Unit Development District Review and Zoning District Amendment in he Rural Zoning District on 7.88 acres. 3. Preliminary Plat of 7.88 acres into 2 lots. 1O6 Area Location Map - Grootwassink (2004-08) Address - 9991 Dell Road • 1• 1 - __ j , / i i I : j • • .i . J • I i !, Eli Road .•, • �.O :.� 1 \.. 1 I I - i T11 —•�.�—._. ... .:� ... .... ciii:Ei:.:i: • :tom...::t.• SITE I• . : c ... . ... ...... • i i • ' • •i \` • I i \ 1 I : .ii_________) / • .• •P. .... .. .•• \\\\ •,-... F.777 Ffy � in Cfoud Dnv , #212 • I • • i .. :... .t:.. i I' ' , • • 1 No Scale :ii /07 Staff Report— Turnbull 2nd Addition May 21, 2004 BACKGROUND This site is zoned Rural. The site is guided low density residential for up to 2.5 units per acre. Both houses are inside the MUSA Line. Sewer and water is not adjacent to the site but may be served in the future. PRELIMINARY PLAT The plan is to subdivide 7.88 acres into two lots. PLANNED UNIT DEVELOPMENT WAIVERS The project requires the following waivers. Code Lot 1 Lot 2 10 acres 2.28 acres 1.60 acres 300 foot width 265 feet 211 feet front setback 50 feet 25 meets side setback 50 feet 20 feet 25 feet side setback 100 feet meets 5- feet The property could develop when sewer and water is available in the future and no waivers would be required. By granting the waivers now, the City receives 4 acres of land dedication and 2 acres of conservation easement. TREES There are 370 inches of significant trees on the site. A total of 80 inches or 21% of the trees will be lost due to construction the required tree replacement is 16 inches. SUMMARY The approval of the subdivision and the granting of the waivers will protect approximately 6 acres of the 7.88 acres site. This limits the number of homes on the bluff,reducing the visual impact and saving trees and slopes from damage in the future. / 0 Staff Report— Turnbull 2"d Addition May 21, 2004 The Community Planning Board should discuss the following questions. 1. Should the land be subdivided now or wait until sewer and water is available? 2. Does the City benefit from granting the waivers? 3. Are the trees and slopes best protected with the two lot subdivision? STAFF RECOMMENDATION Recommend approval of the following request: • Planned Unit Development Concept Review on 7.88 acres. • Planned Unit Development District Review and Zoning District Amendment in he Rural Zoning District on 7.88 acres. • Preliminary Plat of 7.88 acres into 2 lots. This is based on plans dated May 21, 2004, and the following conditions: 1. Prior to release of the final plat, the proponent shall submit detailed storm water runoff, utility, and erosion control plans for review and approval by the City Engineer and Watershed District. 2. Prior to grading permit issuance, the proponent shall: A. Notify the City and Watershed District 48 hours in advance of grading. 3. Prior to building permit issuance for the property, the proponent shall: A. Provide a tree replacement for 16 inches. B. Provide a plan for screening of mechanical equipment that includes the roofline of the building and the location and height of equipment. CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims June 15, 2004 DEPARTMENT: ITEM DESCRIPTION: ITEM NO.: Finance Payment of Claims ra- Sue Kotchevar Requested Action Move to: Approve the Payment of Claims as submitted(roll call vote) Synopsis Checks 130639 - 131130 Wire Transfers 2025—2033 &5026 Background Information Attachments City of Eden Prairie Council Check Summary 06/15/2004 Division Amount General 17,831 100 City Manager 547 101 Legislative 2,483 102 Legal Counsel -3,939 110 City Clerk 730 111 Customer Service 7,423 112 Human Resources 4,140 113 Communication Services 6,596 115 Risk Management 75,998 116 Facilities 11,724 117 City Center 1,460 130 Assessing 79 131 Finance -3,272 132 Social Services 6,500 133 Community Development -466 135 Information Technology 15,291 137 Economic Development • 100 151 Park Maintenance 15,886 153 Athletic Programs 5,655 154 Community Center 12,889 155 Beaches 200 156 Youth Programs 3,822 157 Special Events 49 158 Senior Center 2,394 159 Recreation Administration 434 160 Therapeutic Recreation 1,381 161 Oak Point Pool 1,012 162 Arts 5,969 163 Park Facilities 650 180 Police 14,770 184 Fire 14,623 185 Animal Control 886 186 Inspections 276 200 Engineering 4 201 Street Maintenance 27,769 203 Fleet Services 21,382 204 Equipment Revolving 218,868 301 CDBG 52,293 304 Senior Awareness Fund 1,887 308 E-911 1,481 416 Certificate Debt Fund 9,600 417 $3,390,000 Facility Bond 2000 73,375 502 Park Development 2,800 503 Utility Improvement 39,064 506 Improvment Bonds 1996 8,640 509 CIP Fund 100,871 513 CIP Pavement Management 14,820 601 Prairie Village Liquor 108,631 602 Den Road Liquor 179,596 603 Prairie View Liquor 101,437 701 Water Fund 128,547 702 Sewer Fund 6,825 703 Storm Drainage Fund 14,563 803 Escrow Fund 39,303 807 Benefits Fund 327,480 Report Totals 1,703,356 IIL\ City of Eden Prairie Council Check Register 06/15/2004 Check# Amount Vendor/Explanation Account Description Business Unit 2025 9,600 ANCHOR BANK Interest $1,000,000 G.O.Bonds-2002A 2027 70,753 PUBLIC EMPLOYEES RETIREMENT Benefit payments Health and Benefits 2028 582 PUBLIC EMPLOYEES RETIREMENT Benefit payments Health and Benefits 2029 9,900 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 2030 25,486 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits 2031 15,873 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund 2032 130,707 WELLS FARGO MINNESOTA N A Benefit payments Health and Benefits 2033 750 NATIONAL CITY BANK Paying Agent $3,390,000 Facility Bond 2000 5026 72,625 NATIONAL CITY BANK Interest $3,390,000 Facility Bond 2000 130639 114 ACE ICE COMPANY Misc Non-Taxable Prairie View Liquor Store 130640 94 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Prairie View Liquor Store 130641 150 ARCTIC GLACIER INC Misc Non-Taxable Den Road Liquor Store 130642 2,570 BELLBOY CORPORATION Wine Domestic Den Road Liquor Store 130643 81 CAT&FIDDLE BEVERAGE Wine Imported Den Road Liquor Store 130644 9,058 DAY DISTRIBUTING Beer Den Road Liquor Store 130645 2,510 EAGLE WINE COMPANY Liquor Den Road Liquor Store 130646 10,629 EAST SIDE BEVERAGE COMPANY Beer Den Road Liquor Store 130647 509 GETTMAN COMPANY Misc Taxable Den Road Liquor Store 130648 287 GRAPE BEGINNINGS Wine Imported Den Road Liquor Store 130649 10,890 GRIGGS COOPER&CO Liquor Den Road Liquor Store 130650 2,058 HOI ENSTEINS INC Beer Prairie Village Liquor Store 130652 37,903 JOHNSON BROTHERS LIQUOR CO Misc Taxable Den Road Liquor Store 130653 7,928 MARK VII Misc Taxable Prairie Village Liquor Store 130654 361 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store 130655 1,577 NEW FRANCE WINE COMPANY Wine Domestic Prairie Village Liquor Store 130656 2,209 PAUSTIS&SONS COMPANY Wine Imported Prairie Village Liquor Store 130657 26,665 PHILLIPS WINE AND SPIRITS INC Transportation Den Road Liquor Store 130658 753 PINNACLE DISTRIBUTING Misc Non-Taxable Prairie Village Liquor Store 130659 3,528 PRIOR WINE COMPANY Wine Domestic Den Road Liquor Store 130660 14,397 QUALITY WINE&SPIRITS CO Wine Domestic Den Road Liquor Store 130661 19,644 THORPE DISTRIBUTING Beer Prairie Village Liquor Store 130662 379 WINE COMPANY,THE Wine Domestic Den Road Liquor Store 130663 2,332 WINE MERCHANTS INC Transportation Den Road Liquor Store 130664 2,914 WORLD CLASS WINES INC Wine Imported Den Road Liquor Store 130665 80 BAE,LAUREN Program Fee Preschool Events 130666 538 BATES,DON Other Contracted Services Art&Music 130667 100 BRAND,JOHN Refunds Environmental Education 130668 100 BRION,ED Refunds Environmental Education 130669 49 CHADHA,CHARU Program Fee Preschool Events 130670 58 DOHERTY,JOAN Lessons&Classes Ice Arena 130671 20 DOVER,RUTH Program Fee Senior Center Program 130672 46 DZIUBAK,BECKY Lessons&Classes Oak Point Lessons 130673 100 EDAM Conference Expense Economic Development 130674 85 GE CAPITAL Other Rentals General 130675 480 GOVERNMENT FINANCE OFFICERS AS Awards Finance 130676 12 HILL,GRETCHEN Lessons&Classes Ice Arena 130677 20 HUBER,JUDITH Program Fee Senior Center Program 130678 2,641 IND SCHOOL DIST 272 Building Rental Winter Theatre 130679 35 JASON,COLLEEN Lessons&Classes Ice Arena 130680 35 KUBICEK,MARY Lessons&Classes Ice Arena 130681 12 LINDELL,MARY Lessons&Classes Ice Arena 130682 146 LUNDEEN,SHERI Training Supplies Fire 130683 56 MCCLUNG,SUSAN Lessons&Classes Ice Arena 130684 411 METRO PRINTING Printing Fire 130685 100 MUNKVOLD,MARY Refunds Environmental Education 130686 100 NEUMANN,BARBARA A Refunds Environmental Education 130687 761 OLD LOG THEATER Special Event Fees Senior Center Program 130688 100 PARKER,HOLLY Refunds Environmental Education 130689 3,054 PICHA GREENHOUSE Landscape Materials/Supp Park Maintenance 130690 344 PITNEY BOW'VES INC Other Rentals General 130691 197 PRAIRIE ELECTRIC COMPANY Building Repair&Maint. Marketcenter Reservoir 130692 88 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Services 130693 179 QWEST Telephone Forest Hills Park 130694 630 ROBICHONS THE IN-LINE SKATE SC Instructor Service l 15 Spring Skill Development Check n Amount Vendor/Explanation Account Description Business Unit 130695 210 SPORTS WORLD USA INC Operating Supplies Art&Music 130696 100 STAGES THEATER COMPANY Other Contracted Services Staring Lake Concert 130697 500 STATE OF MINNESOTA CPV PROGRAM Dues&Subscriptions Fleet Services 130698 28 STICH,KAREN Program Fee Afternoon Playground 130699 263 STOVRING,LESLIE Mileage&Parking Storm Drainage 130700 12 SUBRAMANIAN,MEENA Lessons&Classes Ice Arena 130701 70 WARD,RITA Lessons&Classes Ice Arena 130702 100 WHITE,ROGER W Refunds Environmental Education 130703 2,033 WORK CONNECTION-BPARK Other Contracted Services Park Maintenance 130704 66 XCEL ENERGY Electric Purgatory Creek Rec Area 130705 357 AMERICAN RED CROSS Recreation Supplies Pool Lessons 130706 45 ARAMARK SERVICES INC Miscellaneous Communication Services 130707 3,500 ARTHUR GROUP,THE Other Contracted Services Communication Services 130708 16 BACHMANS CREDIT DEPT Small Tools Water Treatment Plant 130709 80 BAILEY,J E Open Fees Ice Arena 130710 80 BAKER,JACI Open Fees Ice Arena 130711 250 BAUDVILLE Operating Supplies Leisure Education 130712 6 BINO,SUSAN Program Fee Senior Center Program 130713 6 BREDOW,VERNETT Program Fee Senior Center Program 130714 80 BUSS,TIM Open Fees Ice Arena 130715 80 BYRO,STEVE Open Fees Ice Arena 130716 40 CAMPOS,LORI Instructor Service Outdoor Center 130717 50 CLAUSEN,JENNIFER Other Contracted Services Cummins House Special Events 130718 14,740 DELTA DENTAL PLAN OF MN Benefit payments Health and Benefits 130719 80 DERR,KAREN Open Fees Ice Arena 130720 6 ECKERT,ANN MARIE Program Fee Senior Center Program 130721 80 GANSEN,MONA Open Fees Ice Arena 130722 1,287 GOPHER STATE ONE-CALL INC Other Contracted Services Water System Maintenance 130723 160 HAFNER,JULIE Open Fees Ice Arena 130724 1,112 HERSHFIELDS PAINT MANUFACTURIN Operating Supplies Park Maintenance 130725 80 JACOBSON,CARLA Open Fees Ice Arena 130726 160 JOHNSON,JULIE Open Fees Ice Arena 130727 160 KNUDSEN,ALLYSON Open Fees Ice Arena 130728 100 KRANZLER,LES Refunds Environmental Education 130729 240 LENCZEWSKI, JOHN Open Fees Ice Arena 130730 80 LYONS,TERRY Open Fees Ice Arena 130731 80 MCCUE,SHELLI Open Fees Ice Arena 130732 80 MCELVEEN,JOE Open Fees Ice Arena 130733 81,811 MEDICA CHOICE Benefit payments Health and Benefits 130734 80 MILLER,MARK Open Fees Ice Arena 130735 6 MYERS,JEAN Program Fee Senior Center Program 130736 80 MY RE,KIM Open Fees Ice Arena 130737 567 NATIONAL MARTIAL ARTS ASSOCIAT Instructor Service Spring Skill Development 130738 40 NELSON,DEBRA Events/Admission Fee Therapeutic Rec Administration 130739 100 OLSON,JUNE R Refunds Environmental Education 130740 100 OTTERNESS,RON Instructor Service Outdoor Center 130741 80 PETROSKA,SCOTT Open Fees Ice Arena 130742 89 PETTY CASH-EPCC Mileage&Parking Community Center Admin 130743 58 PIPERIGHT PLUMBING Water Meter Sales Water Enterprise Fund 130744 1,761 QWEST Telephone Outdoor Center 130745 80 ROEHL,DALE Open Fees Ice Arena 130746 6 RUMFORD,JOAN Program Fee Senior Center Program 130747 185 S&S WORLDWIDE Recreation Supplies Leisure Education 130748 6 SCHNEIDER,RAMONA Program Fee Senior Center Program 130749 160 SEVERSON,JOHN Open Fees Ice Arena 130750 80 SIROTA,FRED Open Fees Ice Arena 130751 80 SKANSE,ROBERT Open Fees Ice Arena 130752 14 STATE OF MINNESOTA Operating Supplies Fleet Services 130753 80 STEBBINS,RICHARD Open Fees Ice Arena 130754 6 STEINER,SHARON Program Fee Senior Center Program 130755 80 TEICHERT,PAUL Open Fees Ice Arena 130756 40 TELEPHONE ANSWERING CENTER INC Other Contracted Services Water Treatment Plant 130757 80 THEILMANN,GINA Open Fees Ice Arena 130758 60 THIELMAN,MARC Mileage&Parking General Facilities 130759 802 THOMPSON,RANDY Tuition Reimbursement/School In Service Training 130760 80 TRAINA,JULIE Open Fees Ice Arena 130761 133 TWIN CITY OXYGEN CO Equipment Repair&Maint Fleet Services 130762 79 VERIZON WIRELESS BELLEVUE Pager&Cell Phone /I T Sewer Utility-General Check# Amount Vendor/Explanation Account Description Business Unit 130763 90 WILDLIFE SCIENCE CENTER Other Contracted Services Outdoor Center 130764 20 WILS Dues&Subscriptions Recreation Administration 130765 119 ACE ICE COMPANY Misc Non-Taxable Prairie View Liquor Store 130766 61 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Den Road Liquor Store 130767 335 ARCTIC GLACIER INC Misc Non-Taxable Den Road Liquor Store 130768 2,623 BELLBOY CORPORATION Liquor Den Road Liquor Store 130769 321 CAT&FIDDLE BEVERAGE Wine Domestic Den Road Liquor Store 130770 8,454 DAY DISTRIBUTING Beer Prairie Village Liquor Store 130771 966 EAGLE WINE COMPANY Wine Domestic Den Road Liquor Store 130772 10,113 EAST SIDE BEVERAGE COMPANY Beer Den Road Liquor Store 130773 1,082 GRAND PERE WINES INC Wine Imported Den Road Liquor Store 130774 394 GRAPE BEGINNINGS Wine Domestic Den Road Liquor Store 130775 9,365 GRIGGS COOPER&CO Transportation Prairie Village Liquor Store 130777 19,827 JOHNSON BROTHERS LIQUOR CO Misc Taxable Prairie Village Liquor Store 130778 8,955 MARK VII Beer Prairie Village Liquor Store 130779 692 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store 130780 963 NEW FRANCE WINE COMPANY Wine Imported Den Road Liquor Store 130781 1,788 PAUSTIS&SONS COMPANY Wine Domestic Den Road Liquor Store 130782 112 PEPSI COLA COMPANY Misc Taxable Prairie Village Liquor Store 130783 8,253 PHILLIPS WINE AND SPIRITS INC Wine Domestic Prairie Village Liquor Store 130784 312 PINNACLE DISTRIBUTING Misc Non-Taxable Den Road Liquor Store 130785 2,423 PRIOR WINE COMPANY Liquor Den Road Liquor Store 130786 7,990 QUALITY WINE&SPIRITS CO Liquor Prairie Village Liquor Store 130787 1,345 SPECIALTY WINES AND BEVERAGES Liquor Prairie Village Liquor Store 130788 10,134 THORPE DISTRIBUTING Beer Den Road Liquor Store 130789 1,787 WINE COMPANY,THE Wine Domestic Den Road Liquor Store 130790 740 WINE MERCHANTS INC Wine Domestic Den Road Liquor Store 130791 1,040 WORLD CLASS WINES INC Wine Imported Den Road Liquor Store 130792 750 ALCOHOL AND TOBACCO TAX&TRAD Licenses&Taxes Prairie View Liquor Store 130793 103 ANCHOR PAPER COMPANY Office Supplies General 130794 28 BAHR,JENNIFER Clothing&Uniforms Police 130795 886 BLOOMINGTON,CITY OF Other Contracted Services Animal Control 130796 170 CHASKA COMMUNITY CENTER Training Supplies Pool Lessons 130797 285 CIVIC RESEARCH INSTITUTE Dues&Subscriptions Finance 130798 251 COMMUNITY HEALTH CHARITIES United Way Withheld General Fund 130799 100 DUNFORD,MICHELLE Refunds Environmental Education 130800 385 ERIK'S EDEN PRAIRIE STORE Equipment Repair&Maint Police 130801 2,571 EXPLORER POST 925 Miscellaneous Police 130802 19,103 HENNEPIN COUNTY Deposits Escrow 130803 880 HENNEPIN COUNTY TREASURER Board of Prisoner Police 130804 600 IND SCHOOL DIST 272 False Alarm Fees General Fund 130805 1,650 INTERNATIONAL UNION OF OPERATI Union Dues Withheld General Fund 130806 4,802 KERN DEWENTER VIERE LTD. Audit&Financial Sewer Accounting 130807 277 KRUEGER,MARK Tuition Reimbursement/School Police 130808 13,199 LEAGUE OF MINNESOTA CITIES Workers Comp Insurance Risk Management 130809 506 LIONS TAP Operating Supplies Fire 130810 450 METROPOLITAN AIRPORTS COMMISSI Tuition Reimbursement/School Police 130811 2,198 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund 130812 25 MINNESOTA CHAPTER IAAI Dues&Subscriptions Police 130813 186 MINNESOTA PRINT MANAGEMENT LLC Miscellaneous City Manager 130814 25 MPPOA Dues&Subscriptions Police 130815 115 NAIK,SHARON Program Fee Day Camp 130816 233 NCPERS GROUP LIFE INSURANCE Life Insurance EE/ER General Fund 130817 143 OFFICE DEPOT CREDIT PLAN Office Supplies Police 130818 156 ORIENTAL TRADING COMPANY INC Operating Supplies Fire 130819 110 PLEAA Tuition Reimbursement/School Police 130820 317 PROP United Way Withheld General Fund 130821 50 SOCIAL SECURITY ADMINISTRATION Other Contracted Services Police 130822 402 TARGET Operating Supplies Senior Awareness 130823 351 UNITED WAY United Way Withheld General Fund 130824 56 BINO,SUSAN Video&Photo Supplies Senior Center Administration 130825 89 BUSINESS JOURNAL,THE Dues&Subscriptions Water Utility-General 130826 15 CAWLEY COMPANY,THE Miscellaneous City Manager 130827 59 CENTERPOINT ENERGY Gas Crestwood Park 130828 61 DE LAGE LANDEN FINANCIAL SERVI Other Rentals General 130829 269 DELEGARD TOOL CO Small Tools Fleet Services 130830 911 DRUCK INC Equipment Parts Water Treatment Plant 130831 103 GE SUPPLY LOGISTICS,LLC Repair&Maint_Supplies 11-1 Water Treatment Plant Check# Amount Vendor/Explanation Account Description Business Unit 130832 256 J H LARSON ELECTRICAL COMPANY Repair&Maint.Supplies Den Road Liquor Store 130833 200 KRAEMERS HARDWARE INC Operating Supplies Water Treatment Plant 130834 653 MG INDUSTRIES Chemicals Water Treatment Plant 130835 46 MINNESOTA DEPT OF HEALTH Licenses&Taxes Water Utility-General 130836 2,800 PICHA PARTNERSHIP Land Park Acquisition&Development 130837 91,772 SUPERIOR FORD Autos Police 130838 183 UNLIMITED SUPPLIES INC Equipment Parts Fleet Services 130839 70 BERTCH,AMANDA Lessons&Classes Ice Arena 130840 2,396 BJUKSTAD,SCOTT Fac.Rental-P&R 2nd Sheet of Ice 130841 9 BRACEY,SAMEKA Lessons&Classes Pool Lessons 130842 70 BREWER,JAMES Outside Water Sales Water Enterprise Fund 130843 89 BROWNING,RYAN Other Hardware Capital Impr./Maint.Fund 130844 40 CAMPOS,LORI Instructor Service Outdoor Center 130845 56 DAUGHERTY,KIMBERLY Program Fee Afternoon Playground 130846 58 DUNCAN,SUZANNE Lessons&Classes Ice Arena 130847 1,306 EARL F ANDERSEN INC Repair&Maint.Supplies Water Well#7 130848 7,904 ELAN FINANCIAL SERVICES Operating Supplies Fire 130849 281 FEDEX Postage General 130850 256 GE CAPITAL Other Rentals General 130851 288 GRAMBSCH,ELIZABETH Instructor Service Preschool Events 130852 4,034 HANSEN THORP PELLINEN OLSON Other Contracted Services Capital Impr./Maint.Fund 130853 673 IND SCHOOL DIST 272 Transportation Preschool Events 130854 5,710 KMC TELECOM Telephone Telephone 130855 100 KNUTSON,DEBRA Refunds Environmental Education 130856 84 KRAEMERS HARDWARE INC Operating Supplies Park Maintenance 130857 150 KURT,KAREN Outdoor Center Park Facilities 130858 62,699 LEAGUE MN CITIES INS TRUST Workers Comp Insurance Risk Management 130859 327 MERLINS ACE HARDWARE Repair&Maint.Supplies Ice Arena 130860 1,602 METRO FIRE Protective Clothing Fire 130861 150 MINNESOTA DEPT OF LABOR AND IN Licenses&Taxes Water Treatment Plant 130862 1,668 MINNESOTA PRINT MANAGEMENT LLC Office Supplies General 130863 28 MINNESOTA VALLEY ELECTRIC COOP Electric Sewer Liftstation 130864 20 MNSF-METROPOLITAN REGION Dues&Subscriptions Senior Center Administration 130865 100 NELSON,JR,JOHN E Refunds Environmental Education 130866 100 NEUMANN,BARBARA A Refunds Environmental Education 130868 100 OTTERNESS,RON Instructor Service Outdoor Center 130869 100 PAPA,JOEL Refunds Environmental Education 130870 21 PARRIS,PAT Program Fee Senior Center Program 130871 23 PEDERSON,BRIAN Landscape Materials/Supp Street Maintenance 130872 335 PETTY CASH Operating Supplies Senior Center Program 130873 66 PIZZA HUT Operating Supplies Teen Programs 130874 6,500 PROP Other Contracted Services Housing,Trans,&Human Sery 130875 100 PULRANG,MARTIN Refunds Environmental Education 130876 97 PURCHASE POWER Postage General 130877 2,408 QWEST Telephone Miller Park 130878 2,790 SOUTHWEST METRO TRANSIT Other Contracted Services Storm Drainage 130879 9 STAR TRIBUNE Misc Non-Taxable Den Road Liquor Store 130880 56 STOERING,LEE Program Fee Afternoon Playground 130881 100 THIRD PARTY SOLUTIONS Workers Comp Insurance Risk Management 130882 9 TIME WARNER CABLE Cable TV Fire 130883 581 W E LAHR COMPANY Equipment Parts Fleet Services 130884 130 WALSTEIN,LOUISE M. Instructor Service Outdoor Center 130885 22 ACE ICE COMPANY Misc Non-Taxable Prairie View Liquor Store 130886 101 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Prairie View Liquor Store 130887 299 ARCTIC GLACIER INC Misc Non-Taxable Den Road Liquor Store 130888 2,789 BELLBOY CORPORATION Liquor Prairie Village Liquor Store 130889 5,532 DAY DISTRIBUTING Beer Prairie View Liquor Store 130890 3,862 EAGLE WINE COMPANY Liquor Den Road Liquor Store 130891 17,640 EAST SIDE BEVERAGE COMPANY Beer Den Road Liquor Store 130892 488 GRAPE BEGINNINGS Wine Imported Den Road Liquor Store 130893 8,174 GRIGGS COOPER&CO Liquor Den Road Liquor Store 130894 688 HOHENSTEINS INC Beer Prairie Village Liquor Store 130896 20,174 JOHNSON BROTHERS LIQUOR CO Wine Imported Den Road Liquor Store 130897 11,697 MARK VII Beer Prairie View Liquor Store 130898 257 MIDWEST COCA COLA BOTTLING COM Misc Non-Taxable Den Road Liquor Store 130899 1,405 PAUSTIS&SONS COMPANY Wine Domestic Prairie Village Liquor Store 130900 7,441 PHILLIPS WINE AND SPIRITS INC Wine Domestic Q Den Road Liquor Store 130901 850 PINNACLE DISTRIBUTING Operating Supplies \ I O Den Road Liquor Store Check# Amount Vendor/Explanation Account Description Business Unit 130902 1,667 PRIOR WINE COMPANY Wine Domestic Prairie Village Liquor Store 130903 11,816 QUALITY WINE&SPIRITS CO Liquor Prairie View Liquor Store 130904 690 SPECIALTY WINES AND BEVERAGES Wine Imported Den Road Liquor Store 130905 22,546 THORPE DISTRIBUTING Beer Prairie Village Liquor Store 130906 218 TRI COUNTY BEVERAGE&SUPPLY Beer Den Road Liquor Store 130907 1,481 WINE COMPANY,THE Wine Domestic Prairie Village Liquor Store 130908 957 WINE MERCHANTS INC Wine Imported Prairie View Liquor Store 130909 2,352 WORLD CLASS WINES INC Wine Domestic Prairie Village Liquor Store 130910 83 A TO Z RENTAL CENTER Equipment Repair&Maint Park Maintenance 130911 388 AAA LAMBERTS LANDSCAPE PRODUCT Landscape Materials/Supp Water System Maintenance 130912 1,480 ABSOLUTE RAIN INC. Building Repair&Maint. Fire Station#1 130913 249 AMERICAN PRESSURE INC Equipment Repair&Maint Water System Maintenance 130914 177 AMERICAN WATER WORKS ASSOCIATI Training Supplies Water Utility-General 130915 1,717 ANCHOR PRINTING COMPANY Printing Youth Programs Administration 130916 378 ANDERBERG,CRAIG W. Other Contracted Services Softball 130917 257 APRES Other Rentals Environmental Education 130918 135 AQUA ENGINEERING INC Operating Supplies Street Maintenance 130919 305 ART START Other Contracted Services Environmental Education 130920 1,700 ASSOCIATION OF TRAINING OFFICE Tuition Reimbursement/School Police 130921 203 AUTO ELECTRIC SPECIALISTS Equipment Repair&Maint Fleet Services 130922 132 BACHMANS CREDIT DEPT Operating Supplies Water Treatment Plant 130923 520 BAN-KOE SYSTEMS INC Operating Supplies Oak Point Lessons 130924 121 BAUER BUILT TIRE AND BA 1-ILRY Tires Fleet Services 130925 1,956 BECKER ARENA PRODUCTS INC Repair&Maint.Supplies Ice Arena 130926 507 BERTELSON OFFICE PLUS Office Supplies Water Utility-General 130927 101 BLOOMINGTON SECURITY SOLUTIONS Building CDBG Fund 130928 4,050 BRAUN INTERTEC CORPORATION Other Contracted Services Capital Impr./Maint.Fund 130929 18,968 BROCK WHITE CO Seal Coating Street Maintenance 130930 270 BROWN,PAUL Other Contracted Services Park Maintenance 130931 1,873 BRYAN ROCK PRODUCTS INC Gravel Water System Maintenance 130932 305 BURTON EQUIPMENT INC Capital Under$2,000 City Center Operations 130933 38 C&H DISTRIBUTORS LLC Cleaning Supplies Water Treatment Plant 130934 489 CAMP RIPLEY MESS FUND Other Rentals Police 130935 4,300 CEMSTONE PRODUCTS COMPANY Repair&Maint.Supplies Storm Drainage 130936 300 CITI-CARGO&STORAGE CO,INC Office Supplies General 130937 247 CLAREYS INC Office Supplies General 130938 725 CONTINUING EDUCATION Tuition Reimbursement/School Police 130939 104 COPY EQUIPMENT INC Operating Supplies Traffic Signals 130940 2,728 CORPORATE EXPRESS Office Supplies General 130941 17,366 CUTLER-MAGNER COMPANY Chemicals Water Treatment Plant 130942 56 CY'S UNIFORMS Clothing&Uniforms Police 130943 332 DALCO ROOFING&SHEET METAL IN Building Repair&Maint. Water Treatment Plant 130944 1,496 DAVIES WATER EQUIPMENT CO Capital Under$2,000 Water System Maintenance 130945 15,265 DELL Computers Information Technology 130946 214 DESAULNIERS,DAN Other Contracted Services Softball 130947 235 DNR SCREEN PRINTING INC Awards Volleyball 130948 64 DPMS Training Supplies Police 130949 13,786 DRT TRANSPORT Other Contracted Services Lime Sludge 130950 3,164 EARL F ANDERSEN INC Signs Traffic Signs 130951 110 ECOLAB INC Repair&Maint.Supplies Maintenance 130952 6,478 EF JOHNSON Autos Water Utility-General 130953 903 EID,SCOTT Other Contracted Services Softball 130954 532 EKLOF DOCKS Other Contracted Services Park Maintenance 130955 45 ELVIN SAFETY SUPPLY INC Repair&Maint.Supplies Fire 130956 869 ENGINEERED ICE SYSTEMS Equipment Repair&Maint Ice Arena 130957 107 ESS BROTHERS&SONS INC* Repair&Maint.Supplies Storm Drainage 130958 164 FANFARE PROMOTIONS INC Clothing&Uniforms Inspections-Administration 130959 200 FASTSIGNS Safety Supplies Riley Lake Beach 130960 98 FERRELLGAS Motor Fuels Ice Arena 130961 19 FIKES HYGIENE SERVICES Operating Supplies Prairie View Liquor Store 130962 326 FIRENET SYSTEMS INC Other Contracted Services Water Treatment Plant 130963 17 FLANAGAN SALES,INC. Repair&Maint.Supplies Wyndam Knoll 130964 110 FORCE AMERICA Equipment Repair&Maint Fleet Services 130965 2,263 G&K SERVICES-MPLS INDUSTRIAL Clothing&Uniforms General Facilities 130966 1,325 GALLES CORPORATION Cleaning Supplies Water Treatment Plant 130967 69 GINA MARIAS INC Operating Supplies Fire 130968 14,820 GOODPOINTE TECHNOLOGY CORPORAT Design&Engineering I I9 CIP Pavement Management 130969 702 GRAINGER Repair&Maint.SuppliesCity Center Operations Check# Amount Vendor/Explanation Account Description Business Unit 130970 336 GREATAMERICA LEASING CORP. Other Rentals General 130971 400 GYM WORKS Repair&Maint.Supplies Fitness Center 130972 24 HAMMERSCHMIDT,BARBARA A Operating Supplies Fire 130973 1,669 HANSEN THORP PELLINEN OLSON Other Contracted Services Capital Impr./Maint.Fund 130974 15,325 HARTLAND FUEL PRODUCTS LLC Motor Fuels Fleet Services 130975 2,375 HAWKINS WATER TREATMENT GROUP Chemicals Water Treatment Plant 130976 42 HENNEPIN TECHNICAL COLLEGE Training Supplies Fire 130977 143 HENNEPIN TECHNICAL COLLEGE Training Supplies Fire 130978 536 HENRY,PAUL Other Contracted Services Softball 130979 407 HIGLEY,STEVE Other Contracted Services Softball 130980 1,112 HIRSHFIELDS PAINT MANUFACTURIN Operating Supplies Park Maintenance 130981 81 HYDROLOGIC Repair&Maint.Supplies Park Maintenance 130982 2,617 ICERINK SUPPLY CO Equipment Repair&Maint Ice Arena 130983 2,438 ICI DULUX PAINT CTRS Repair&Maint.Supplies Water Treatment Plant 130984 318 IND SCHOOL DIST 272 Gym Rental Environmental Education 130985 6,463 INFRATECH Other Contracted Services Storm Drainage 130986 155 INTEREUM INC Building Repair&Maint. City Center Operations 130987 583 J MARCEL ENTERPRISES Clothing&Uniforms Police 130988 337 JAMAR TECHNOLOGIES INC Capital Under$2,000 Fleet Services 130989 2,643 JANEX INC Repair&Maint.Supplies General Facilities 130990 286 JAYDEE EQUIPMENT CO Equipment Repair&Maint Park Maintenance 130991 573 JM OIL CO Lubricants&Additives Water Treatment Plant 130992 573 JOHN HENRY FOSTER MINNESOTA IN Equipment Repair&Maint Water Treatment Plant 130993 275 JW PEPPER&SON INC Operating Supplies Art&Music 130994 2,110 KELLER FENCE COMPANY INC Building Repair&Maint. Water Treatment Plant 130995 431 KORTERRA,INC Other Contracted Services Water System Maintenance 130996 281 KUSTOM SIGNALS INC Equipment Repair&Maint Police 130997 862 LAB SAFETY SUPPLY INC Protective Clothing Water System Maintenance 130998 1,850 LAKE COUNTRY DOOR Building Repair&Maint. Public Works/Parks 130999 107 LANDS END CORPORATE SALES Clothing&Uniforms Police 131000 275 LEON DUDA PLUMBING Other Contracted Services Water Meter Repair 131001 417 LESCO INC Chemicals Park Maintenance 131002 371 LIGHTNING PRINTING Printing Cummins House Special Events 131003 52,192 LUND MARTIN CONSTRUCTION INC Building CDBG Fund 131004 13 MACQUEEN EQUIPMENT INC Equipment Parts Fleet Services 131005 136 MARS CO Office Supplies Water Utility-General 131006 95 MATTS AUTO SERVICE INC Other Contracted Services Police 131007 250 MAXI-PRINT INC Printing Police 131008 420 MCGREGOR,RANDY Other Contracted Services Softball 131009 315 MED COMPASS Employment Support Test Fire 131010 1,495 MENARDS Repair&Maint.Supplies Storm Drainage 131011 3,603 MERIT PRINTING Printing Fire 131012 753 METRO ATI-ILETIC SUPPLY Building Materials Round Lake 131013 1,691 METRO CONCRETE RAISING INC Mudjacking Curbs Drainage 131014 50 METRO FIRE Equipment Testing/Cert. Fire 131015 81 METROPOLITAN FORD Equipment Parts Fleet Services 131016 3,364 MIDWEST ASPHALT CORPORATION Waste Blacktop/Concrete Street Maintenance 131017 35 MIDWEST PLAYSCAPES Repair&Maint.Supplies Round Lake 131018 959 MINNESOTA CONWAY Safety Supplies Fleet Services 131019 21,751 MINNESOTA DEPT OF HEALTH Other Contracted Services Water Utility-General 131020 132 MINNESOTA GLOVE INC Safety Supplies Fleet Services 131021 75 MINNESOTA HERPETOLOGICAL SOCIE Other Contracted Services Environmental Education 131022 59 MINNESOTA TROPHIES&GIFTS Operating Supplies Police 131023 41 MINNESOTA WANNER COMPANY Landscape Materials/Supp Street Maintenance 131024 219 MTI DISTRIBUTING INC Equipment Parts Fleet Services 131025 215 NATIONAL RECREATION AND PARK A Dues&Subscriptions Recreation Administration 131026 2,316 NATIONAL WATERWORKS Repair&Maint.Supplies Water System Maintenance 131027 1,851 NATIONWIDE ADVERTISING SERVICE Employment Advertising Human Resources 131028 1,129 NATURAL REFLECTIONS VII LLC Other Contracted Services Water Treatment Plant 131029 840 NEUMANN,NEAL Other Contracted Services Softball 131030 51 NEXT DAY GOURMET Operating Supplies Prairie Village Liquor Store 131031 53 NORTHERN TOOL&EQUIPMENT CO. Capital Under$2,000 Fleet Services 131032 334 NORTHLAND BUSINESS SYSTEMS Office Supplies General 131033 98 NORTHWEST RESPIRATORY SERVICE Safety Supplies Fire 131034 749 OLSEN COMPANIES Small Tools Water System Maintenance 131035 125 OSI BATTERIES INC Repair&Maint.Supplies General Facilities 131036 90,906 PARKOS CONSTRUCTION COMPANY Building Capital Impr./Maint.Fund 131037 226 PENNWELL Training Supplies ) Fire Check# Amount Vendor/Explanation Account Description Business Unit 131038 2,574 PRAIRIE ELECTRIC COMPANY Building Repair&Maint. City Center Operations 131039 127 PRAIRIE LAWN AND GARDEN Equipment Repair&Maint Park Maintenance 131040 152 PRAIRIE OFFSET PRINTING Printing Street Maintenance 131041 1,092 QUALITY FLOW SYSTEMS INC Equipment Repair&Maint Sewer Liftstation 131042 120,356 RDO EQUIPMENT CO Machinery&Equipment Public Works 131043 555 REAL GEM Awards City Council 131044 103 RECREONICS Repair&Maint.Supplies Pool Maintenance 131045 211 REYNOLDS WELDING SUPPLY CO Capital Under$2,000 Sewer System Maintenance 131046 229 RIGID HITCH INCORPORATED Equipment Parts Fleet Services 131047 38,535 RMR SYSTEMS INC Other Contracted Services Utility Improvement Fund 131048 64 S&S WORLDWIDE Operating Supplies Pool Special Events 131049 61 SBC PAGING Pager&Cell Phone Water System Maintenance 131050 3,573 SCHARBER&SONS Machinery&Equipment General Facilities 131051 108 SHRED-IT Waste Disposal City Center Operations 131052 785 SOUTHWEST SUBURBAN PUBLISHING- Employment Advertising Human Resources 131053 1,449 SOUTHWEST SUBURBAN PUBLISHING- Operating Supplies Fire 131054 1,847 SPS COMPANIES Repair&Maint.Supplies Water Meter Repair 131055 938 SPX VALVES&CONTROLS Repair&Maint.Supplies Water Treatment Plant 131056 8,640 SRF CONSULTING GROUP INC Design&Engineering Improvement Projects 1996 131057 1,639 ST CROIX RECREATION CO INC Building Repair&Maint. Round Lake 131058 6,740 ST JOSEPH EQUIPMENT INC Machinery&Equipment Public Works 131059 1,976 STREICHERS Capital Under$2,000 Fleet Services 131060 75 SUBURBAN PROPANE Equipment Repair&Maint Fleet Services 131061 491 SULLIVANS UTILITY SERVICES INC Building Repair&Maint. Fire Station#5 131062 7,765 SUMMIT ENVIROSOLUTIONS Other Contracted Services Utility Improvement Fund 131063 671 SUN NEWSPAPERS Advertising Recreation Administration 131064 225 SYSTEM CONTROL SERVICES Equipment Repair&Maint Sewer Liftstation 131065 108 TCI Tires Fleet Services 131066 211 TERMINAL SUPPLY CO Capital Under$2,000 Fleet Services 131067 881 THYSSENKRUPP ELEVATOR Building Repair&Maint. Fire Station#1 131068 68 TIMBERWALL LANDSCAPING INC Landscape Materials/Supp Street Maintenance 131069 6,416 TKDA Other Contracted Services Water System Maintenance 131070 1,150 TOTAL REGISTER Equipment Repair&Maint Prairie View Liquor Store 131071 1,580 TRAUT WELLS Equipment Repair&Maint Water Well#13 131072 280 TRUGREEN CHEMLAWN MTKA Other Contracted Services Water Treatment Plant 131073 342 TWIN CITY FILTER SERVICE INC Repair&Maint.Supplies Water Treatment Plant 131074 700 UNIFORMS UNLIMITED Clothing&Uniforms Fire 131075 285 UNITED LABORATORIES Cleaning Supplies General Facilities 131076 521 UNITED RENTALS HIGHWAY TECHNOL Safety Supplies Sewer System Maintenance 131077 24 UPS Postage Fire 131078 1,751 US CAVALRY Clothing&Uniforms Police 131079 3,781 VERNCO MAINTENANCE INC Other Contracted Services Water Treatment Plant 131080 189 VWR INTERNATIONAL INC Operating Supplies Water Treatment Plant 131081 228 WENCK ASSOCIATES INC Other Contracted Services Storm Drainage 131082 98 WESTSIDE EQUIPMENT Equipment Repair&Maint Fleet Services 131083 585 WM MUELLER AND SONS INC Repair&Maint.Supplies Water System Maintenance 131084 79 WOLF CAMERA Video&Photo Supplies Assessing 131085 2,338 WORK CONNECTION-BPARK Other Contracted Services Park Maintenance 131086 7,675 YALE MECHANICAL INC - Building Repair&Maint. Water Treatment Plant 131087 1,008 ZAIIN,GERALD Other Contracted Services Volleyball 131088 714 ZOELLNER,MARK Other Contracted Services Softball 131089 250 1ST CHOICE TOURS Transportation Adult Program 131090 47 BEAUCI IAMP,LYNN Program Fee Senior Center Program 131091 104 CARLSON,RAY Small Tools Fire 131092 536 CHICKADEE COTTAGE Special Event Fees Senior Center Program 131093 178 CHOICE INC Other Contracted Services Prairie Village Liquor Store 131094 1,414 COSTCO WHOLESALE Deposits Escrow 131095 838 CUB FOODS EDEN PRAIRIE Operating Supplies Fire 131096 750 DAKOTA COUNTY TECHNICAL COLLEG Tuition Reimbursement/School Fire 131097 213 DEGREE,BETH Mileage&Parking Aquatics&Fitness Admin 131098 29 DOVER,RUTFI Program Fee Senior Center Program 131099 29 ELWELL,JEFF Mileage&Parking Maintenance 131100 100 GOOD NEWS BIG BAND Other Contracted Services Staring Lake Concert 131101 204 HENNEPIN COUNTY TREASURER Operating Supplies Community Development 131102 223 HENNEPIN TECHNICAL COLLEGE Training Supplies Fire 131103 263 HULES,JILL Operating Supplies Fire 131104 100 JUST FREINDS BIG BAND Other Contracted Services Staring Lake Concert 131105 28 RESTER EVELYN Program Fee )D—1 Senior Center Program Check# Amount Vendor/Explanation Account Description Business Unit 131106 71 ICLOECKNER LIMITED PARTNERSHIP Deposits Escrow 131107 166 KRESS,CARLA Operating Supplies Senior Awareness 131108 75 LEIPOLD'S OF EXCELSIOR Other Contracted Services Cummins House Special Events 131109 312 MEDICINE LAKE TOURS Special Event Fees Senior Center Program 131110 575 MERRY BOBB MUSIC INC Other Contracted Services Staring Lake Concert 131111 100 MINNESOTA BOARD OF ELECTRICITY Merchandise for Resale Inspections-Administration 131112 25 MINNESOTA CHAPTER IAAI Dues&Subscriptions Fire 131113 152 NFPA Training Supplies Fire 131114 660 OPTIMAL HEALTH PRODUCTS AND SE Awards Human Resources 131115 99 OSTERGAARD,ERIC Lessons&Classes Pool Lessons 131116 47 PENZEL,ALLEENE Program Fee Senior Center Program 131117 595 PIDCOCK,DUANE&PATRICIA Deposits Escrow 131118 95 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Services 131119 100 RIVER CITY JAZZ ORCHESTRA Other Contracted Services Staring Lake Concert 131120 2,640 SHEEHAN,JOHN C Other Contracted Services Communication Services 131121 600 SPRINGER,KIP Conference Expense Fire 131122 100 STAN BANN BIG BAND Other Contracted Services Staring Lake Concert 131123 100 SUTHERLAND,PAMELA Refunds Environmental Education 131124 100 SWANSON,PAUL Other Contracted Services Staring Lake Concert 131125 2,462 UNITED STATES TREASURY Miscellaneous Health and Benefits 131126 939 UNITED STATES TREASURY Miscellaneous Health and Benefits 131127 5 UPS Postage Fire 131128 1,390 US POSTMASTER-HOPKINS Postage Water Accounting 131129 65 VAN BEUSEKOM,JEREMY Tuition Reimbursement/School Fire 131130 60 WHITE,NICOLE Mileage&Parking Therapeutic Rec Administration 1,703,356 Grand Total rasa CITY COUNCIL AGENDA DATE: SECTION: Director of Parks and Recreation June 15, 2004 SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Parks and Recreation Robert A. Lambert Selecting dates for dedication ceremonies Requested Action Select and confirm dates for the dedication of the following facilities: Frederick—Miller Spring, Richard T.Anderson Conservation Area,Purgatory Creek Recreation Area,Jean Harris Bridge,and Riley-Jacques Farmstead. Synopsis Dedications are planned for the facilities named above. Construction and renovations will be completed this summer and early fall. The Frederick-Miller Spring and the Richard T. Anderson Conservation Area will be smaller affairs without a large program for the public. We would like the Council to select the dates that would best fit your schedule for these programs Frederick-Miller Spring Options: August 3 or 17 at 6 p.m.,prior to a Council meeting, or at 6 pm on Wednesday August 5 or Thursday August 6. Richard T.Anderson Conservation Area Options: September 7 or 21, at 6 p.m.,prior to the Council meeting, or 6 p.m. Tuesday, September 28. Purgatory Creek Recreation Area Saturday, September 18 at 1 p.m. Jean Harris Bridge Dedication Saturday, October 9, at 10:30 a.m. 1 �3 Riley—Jacques Barn Dedication The Recreation Staff is looking at a public program from 1 to 4 p.m.on one of the following dates: Saturday, September 25 or Sunday, September 26 or Saturday, October 2 or Sunday, October 3. Other Programs occurring this fall: Sunbonnet Day at the J.R. Cummins Homestead on Sunday, September 12 from 12:30 to 4:30 p.m. Program The programs for Miller-Frederick Spring,Richard T.Anderson,and the Jean Harris Bridge,will be by invitation to the City Council and appropriate City Commissions and staff and the people who were involved in the planning and funding,and families related to the areas. The program would be short with remarks from the Mayor and one to two other people. The programs at the Purgatory Creek Recreation Area and Riley-Jacques Barn would be open to the public with music and other activities.A walk is also planned at Purgatory Creek Recreation Area. ay