Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
City Council - 12/07/2004
AGENDA EDEN PRAIRIE CITY COUNCIL WORKSHOP/FORUM TUESDAY,DECEMBER 7,2004 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,Communications Manager Pat Brink,Assistant to the City Manager Michael Barone, City Attorney Ric Rosow, and Recorder Lorene McWaters Heritage Room II I. DISCUSSION OF FARMERS MARKET IL CEMETERY TASK FORCE Council Chamber H. OPEN FORUM III. OPEN PODIUM IV. ADJOURNMENT Eden Prairie Community MarketPlace The EP Community MarketPlace is where EP comes together and consumers can purchase fresh farm products, along with bakery goods, flowers, and other various finished food products that are made locally. Along with this there will be recipes in the individual booths for the type of produce being sold. There will even be a small area dedicated to local artisans to showcase and sell their goods. Wait,there's even more: on select dates you will be able to relax and listen to local entertainment performing in the gazebo and participate in the fun schedule of events like Zucchini races and kids day. According to the U.S. Department of Agriculture, from 1994 to 2002 the number of farmers' markets increased 79%to over 3,100 markets across the country. In Minnesota alone,the number has increased substantially(and expotentially!). It is a burgeoning business because Farmers' markets bring a larger share of the profit directly to the farmers' pockets while allowing the consumers to talk directly with farmers who grow their food. To distinguish the EP Community MarketPlace from other local farmers markets we have created a destination for quality goods,recreation, and fellowship for the EP community. There will be continued dedication to maintaining an upscale, clean, and vibrant MarketPlace. Location: Purgatory Creek Park Parking: The Southwest Metro Transit Garage and Flagship Corporate Building next to the park. Months, Days, and hours of operation: The Eden Prairie Community Marketplace will open on May 14th°2005 and close October 29th, 2005. Thursdays, 3:00 p.m. —8:00 p.m. (breakdown). If there is entertainment on a Thursday there will be an additional %2 hour until close. Breakdown will remain the same. Saturdays, 7:00 a.m.— 12:00 p.m. a Vendors: Booths: There are 57 parking spaces in the lot. Each booth will be approximately ten and one-half feet wide. Vendors will supply their own tables and shelters. Basically, each vendor will take up two parking spaces. This will allow for 28 vendors in the lot. There will not be more than 30 booths sold the first year. There will be a minimum of 17 booths for farmed products, approximately 3 booths for florists, 5 booths for bakery and finished food products (salsas, sauces, nuts) and the remainder to immediate consumables (corn dipped in butter,kettlecorn,beverages). The farmers are the priority;however,we also want to include variety in The Market. If there is an opportunity for local artisans,they will be on the back sidewalk behind the Gazebo. It is a beautiful area that allows them to display their work. Artisans will go through a selection process . Trash: Vendors will be responsible for all of their trash. Additional trash pick ups will be needed for the park area. Sponsorships: Corporate sponsorships will be solicited for Thursday evening events. Associations and Licensing: EP MarketPlace will become a member of the Minnesota Farmers' Market Association. EPMP also will participate in the WIC Farmers' Market Nutrition Program. We will comply with all necessary licensing,permits and regulatory requirements. Market Managers: Patti Lloyd Vickie VanDriessche There will be at least one Market Manager at the site each market. Most of the time both Market Managers will be at the site with identification tags. Comparisons: Markets that have similar components as the EP MarketPlace: Lake City Farmers Market—Lake City, MN Catherine Ditmar, 1-651-345-4123 lcchamber@earthlink.net Market is sponsored by Chamber of Commerce. The market has entertainment and is located on City land. Lake Pepin parking lot. Market 6-8:00 p.m. Thursday nights. Approximately 25 vendors. St. Paul Farmers Market Jack Gerten- 651-227-6856 Market hours: Friday: 12-5:00 p.m. Saturday: 6:00 a.m. - 1:00 p.m. Sunday: 8:00 a.m. - 1:00 p.m. Entertainment with market on certain dates. Approximately 160 vendors. Richfield Farmers Market Frank White- 612-861-9396 Saturday: 7:00 a.m. - 12:00 p.m. Market is operated by the City of Richfield on City property. Entertainment on certain dates. Approximately 30 vendors. State of Minnesota Ruth White MDA-AMS 651-297-5794 Ruth.white@state.mn.us Ruth can give you an overview of our meetings and information on farmers markets across the country. A Additional Parking: Flagship Business Center Owner: Magnum Resources Omaha,NB Management Company: Opus Northwest Contact: Jim Montalbano Jim.montalbano@opusnw.com 952-656-4698 Jim spoke with the owner and they are on board if the City of EP is on board. They would prefer the City also enters into the agreement as an included party. We requested parking spaces adjacent to the Purgatory parking lot for a period of approximately 3 hours on Thursdays. We will then direct patrons (by signage) to the SW Metro parking garage to park. Minnesota Farmers Markets located on City Property (not complete) 1. Maple Grove 2. Richfield 3. Stillwater 4. Apple Valley 5. Woodbury 6. Hopkins 7. Excelsior (partially financially supported by the City on a lease for use site) 8. Cambridge 9. Shoreview 10. Hutchinson 11. Granite Falls 12. Glencoe 13. Gaylord 14. Lake City 15. Virginia 16. St. Joseph 17. Slayton 0 The City of Eden Prairie 11111.1.1 8080 Mitchell Road•Eden Prairie, MN 55344-4485•edenprairie.org•952-949-8300•MD 952-949-8399 Office of the City Manager Memorandum #2004-071 DATE: December 7,2004 TO: Mayor and City Council FROM: Scott H.Neal,City Manager RE: Proposed Cemetery Task Force At the City Council's February 3,2004,workshop,the Council asked staff to draft a charter statement for a new ad hoc task force to study the issues involved in the City's management of its cemetery. The Council also had a brief follow-up discussion of this topic again at the February 17,2004,Council meeting. In response to the Council's direction on this issue,I propose the Council authorize the following task force process for the Cemetery Task Force: Charter Statement: The purpose of the task force is to review and make recommendations to the City Council covering three areas of cemetery management: 1. Review of the current rules and regulations used by the City to manage the operations of the cemetery. The task force should determine if the City's rules are necessary and reasonable for the operation of the cemetery. 2. Review the current supply of lots;demand for lots;and the City's financial responsibilities for the future of the cemetery. 3. Review the general aesthetics of the cemetery and recommend improvements to the grounds of the cemetery,if necessary,for inclusion in the City's 2006-2010 Capital Improvement Plan. The task force would be staffed by Mr. Stu Fox,Manager of Parks and Natural Resources. Mr.Fox is our staff - expert-on-cemetery-operations.—I-would-also-suggest a..seven-member task-force_that-includes-members-representing_-.___.._.-__..__ the following: 1. Two members from local funeral homes. 2. Two members that are Eden Prairie citizens that own lots in the cemetery. 3. Two members that are Eden Prairie citizens that do not own lots in the cemetery. 4. One representative of the Eden Prairie Cemetery Board of Trustees. I suggest that this task force could be called into service in January 2005 and complete this task within six months. I would expect the task force to review our current operations;seek the input of Councilmembers;seek staff input; seek public input,including an outreach to the immediate neighbors of the cemetery;compare and contrast our cemetery operations with those of comparable size or in comparable communities; and discuss the City's need for cemetery land and services in the future. I would expect a final report could be presented to the Council in July 2005. If this proposal is acceptable to the Council,I will place it on the Council's December 21,2004,meeting agenda for formal approval. I would launch the solicitation process for task force members shortly thereafter with the goal of having a slate of task force members ready for the Council to review and appoint at your first meeting in January 2005. • APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL WORKSHOP/FORUM TUESDAY,FEBRUARY 3,2004 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,Manager of Parks and Natural Resources Stu Fox, Communications Manager Jack Sheehan, City Attorney Ric Rosow, and Recorder Lorene McWaters Heritage Room II I. CALL MEETING TO ORDER Mayor Tyra-Lukens was not in attendance. Councilmember Case served as Acting Mayor. IL APPROVAL OF AGENDA III. CEMETERY MANAGEMENT ISSUES - -- Manager of Parks and-Natural Resources Stu.Fox..said the City_recently received a_ request to install a monument larger than current regulations allow at Pleasant Hill Cemetery. The request is for an 18"x34"marker. Markers are restricted to 12"x24"for a single grave or 12"x30" for a double grave. Fox noted that Council has granted two exceptions to the regulations over the past two years. The most recent exception was granted in March 2002, and the approval was contingent on the requestor escrowing an amount equal to the cost of the marker and installation. At that time, Council requested a workshop on the topic of cemetery regulations. Staff is currently recommending Council consider two options for modifying the rules and regulations for Pleasant Hill Cemetery: Recommendation 1: Increase maximum length of monument markers by six inches for both single and double markers(Single markers 12"x30" and double markers 12"x36"). Council Workshop Minutes February 3,2004 Page 2 Recommendation 2: Keep the single grave marker size as currently specified as a 12"x24"and increase the double marker size to 12"x40". Fox noted that Recommendation 2 matches regulations at"Eden Prairie" cemetery, which is not operated by the City. Fox said current rules and regulations were in place when the City took ownership of Pleasant Hill in 1986. He has researched regulations of nearby municipal cemeteries and found that the size of markers allowed varies from city to city; however, all of the cities indicated that although they have received requests for exceptions,none has been granted. Acting Mayor Case said he would like to discuss the specific request at tonight's meeting,then later have a larger discussion,possibly involving a study group of Council Members, staff and residents,to address people's expectations of the cemetery. Case also suggested the decision on the marker request be postponed until a meeting which Mayor Tyra-Lukens is in attendance. Butcher suggested having staff gather information for Council and keeping the discussion within the Council. Mosman agreed some sort of discussion is in order since the cemetery is, in essence, another of the City's many open spaces. Lambert said that when the City took over operation of the cemetery,the main consideration was whether or not it would cover its own expenses; however, he agrees the cemetery is an open space and should be addressed as such. He said that if Council changes the size of stones allowed,he strongly suggests they not consider further variances to the new rules. Fox said one of the primary reasons marker sizes are regulated is for uniformity. Iri additionmainte i n-ce is nioru-difficult if there isn't-a certain amount-space left-- - around a marker. Large markers are susceptible to cracking when nearby ground is disturbed for placement of a second casket in a double plot. If a marker is damaged during the digging of a grave,the City is responsible for repairing damaged markers. Fox said a 40"marker is a reasonable size and should not increase the risk of cracking under normal circumstances. Butcher said she likes Recommendation 2, since it matches Eden Prairie's other cemetery. Mosman said she initially favored Recommendation 1,but agrees that Recommendation 2 makes sense since it matches the City's other cemetery. Case said he will raise this issue, including the possibility of setting up a study group, at the next Council Meeting when Tyra-Lukens returns. Case said he would also like to look at upgrading the fencing around the cemetery. Council Workshop Minutes February 3,2004 Page 3 IV. UPDATE ON HENNEPIN COUNTY —COMMISSIONER LINDA KOBLICK Linda Koblick said she has been a Hennepin County Commissioner for 13 months. One of her goals is to visit with the City Council of each community within her district. She said she strongly believes in local control on the County Board. She said much of her work on the Board involves health and human services and she is very involved with various intergovernmental initiatives, including one that helped ensure the Ridgedale Court was not eliminated. Koblick said she is always looking for opportunities for new collaborative efforts with cities. She is a member of the Suburban Partnership Task Force,whose goal is to learn what communities need and find ways to fulfill those needs. Koblick said she has been following the stadium process,and feels Eden Prairie offers the best site for a stadium. She said she also approves of the City's strategy of not identifying a revenue stream. She said that while she knows there is great interest in a stadium, she hopes that discussion does not eclipse other important core issues facing the County. Koblick asked if Council or staff had any questions or comments. Fire Chief George Esbensen explained a current initiative designed to allow the City to gain control of its own PSAs. He said Representative Thiesen(Richfield) sponsored the initiative last year and plans to reintroduce the issue again this year. Mosman said she has heard that the County Home School may be sold for development and that Glen Lake Golf Course is in jeopardy. Koblick said she personally does not support closing the Home School and would work to avoid closing it. Case thanked Koblick for visiting with the Council. V. OTHER TOPICS Council Chamber VI. OPEN FORUM No one was scheduled to speak at Open Forum. VII. OPEN PODIUM No one requested to speak at Open Podium. VIII. ADJOURNMENT AGENDA EDEN CITY COUNCIL TUESDAY,DECEMBER 7,2004 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. OPEN PODIUM HELD TUESDAY,NOVEMBER 23,2004 B. CITY COUNCIL MEETING HELD TUESDAY,NOVEMBER 23,2004 VI. CONSENT CALENDAR A. ADOPT RESOLUTION APPROVING FINAL PLAT FOR PRAIRIE PINES B. ADOPT RESOLUTION REQUESTING MNDOT TO PROVIDE FUNDING THROUGH FY 2006 MUNICIPAL AGREEMENT PROGRAM FOR THE MAJOR CENTER AREA TRAFFIC SIGNAL IMPROVEMENT PROJECT, I.C.02-5584 C. ADOPT RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR TH 212/PRAIRIE CENTER DRIVE INTERSECTION IMPROVEMENT PROJECT,I.C. 01-5527 D. ADOPT RESOLUTION REGULATING FEES AND CHARGES FOR 2005 BUSINESSES,LICENSES,PERMITS AND MUNICIPAL SERVICES E. ADOPT RESOLUTION RELATING TO$1,137,000 GENERAL OBLIGATION EQUIPMENT NOTES,SERIES 2004B F. ADOPT RESOLUTION APPROVING SALE OF LOT 6,BLOCK 2,SUNSET RIDGE (6600175TH AVENUE WEST) CITY COUNCIL AGENDA December 7,2004 Page 2 G. AUTHORIZE REMOVAL OF REQUIREMENT FOR REALIFE INC.TO CONSTRUCT TRAIL CONNECTION FROM REALIFE VALLEY VIEW COOPERATIVE PROPERTY TO SMETANA LAKE TRAIL VII. PUBLIC HEARINGS/MEETINGS A. EDEN HEIGHTS ESTATES by Premier Development. Request for Planned Unit Development Concept Review on 24.78 acres,Planned Unit Development District Review with waivers on 24.78 acres,Zoning District Change from R1-22 to R1-13.5 on 18.62 acres, and Preliminary Plat of 24.78 acres into 47 lots. Location: Southwest corner of Pioneer Trail and Eden Prairie Road. (Resolution for PUD Concept Review,Resolution for Preliminary Plat) B. HENNEPIN VILLAGE SITE C REZONING by Dan Herbst,Hennepin Village LP. Request for Planned Unit Development Concept Amendment on 11.99 acres, Planned Unit Development District Review on 11.99 acres,Zoning District Change from RM 6.5 to R1-9.5 on 11.99 acres, Site Plan Review on 11.99 acres, and Preliminary Plat of 11.99 acres into 40 lots. Location: North of Highway 212, east of Spring Road. (Resolution for PUD Concept Amendment,Resolution for Preliminary Plat) C. ORDINANCE AMENDING CITY CODE SECTION 11.70,RELATING TO SIGNS VIII. PAYMENT OF CLAIMS IX. ORDINANCES AND RESOLUTIONS A. FIRST READING OF AN ORDINANCE TO CHANGE THE NAME OF SPRING ROAD TO MITCHELL ROAD,SOUTH OF PIONEER TRAIL X. PETITIONS,REQUESTS AND COMMUNICATIONS XI. REPORTS OF ADVISORY BOARDS & COMMISSIONS XII. APPOINTMENTS XIII. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR CITY COUNCIL AGENDA December 7,2004 Page 3 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 ITEM NO.: V.A. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL WORKSHOP/OPEN PODIUM TUESDAY,NOVEMBER 23,2004 CITY CENTER 5:45—6:40 PM,HERITAGE ROOM H 6:45—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, Communications Manager Pat Brink,Assistant to the City Manager Michael Barone, City Attorney Ric Rosow, and Recorder Lorene McWaters Heritage Room I(5:45-6:40) I. CLOSED SESSION TO DISCUSS LITIGATION Council Chamber(6:45—6:55) II. OPEN FORUM A. Thomas Briant—Heritage Preservation and Cummins Grill House Mr.Briant, 15560 Boulder Pointe Road,has been an Eden Prairie resident since 1991. He said he is increasingly concerned over taxpayer dollars going to fund historic preservation. He strongly opposed any new funding for historic preservation. He said he views the Council's funding of historic preservation as pursuing private agendas.Mr.Briant noted that historic preservation was rated low on a list of priorities by residents on a 2001 survey conducted by the City, but the Council has"chosen to disregard this." He questioned some Councilmembers' assertions it is their duty to renovate old houses because previous Councils chose to buy old houses. He challenged the Council to prove that those former Councils wanted to the City to spend millions of dollars to restore these homes. Briant said Eden Prairie is a major urban area and, in his opinion, preserving old homes does not enhance the quality of life. He said the money spent on the Smith-Douglas-More House,the Riley-Jaques Barn, and the Cummins-Grill House adds up to more than$2 million. He said the City now wants to pay $200,000 for a land swap and$72,000 on maintenance for the Cummins-Grill House. Briant said the$2 million spent on preservation would have funded many of the projects on the recently defeated Parks and Open Space Referendum. He said these park projects would have been used by thousands as opposed to THE number of people using the Riley-Jaques Barn and other historic buildings. Briant called on the Council to"cease all future funding of preservation projects." He recommended that the Council pass a motion to"let the voters choOse through a referendum whether or not to fund historic preservation." Councilmember Case said 30,000 patrons visited the Dunn Bros./Smith-Douglas- More House in its first year of operation,while some park features see much less use. Case also challenged some of the numbers presented by Mr.Briant, saying he"costed out"some items twice in his analysis. Case said the Council has always favored the use of grants and public/private partnerships over using taxpayer funds for historic preservation. He stressed that he"doesn't feel the Council can smirk on the actions of past Councils." Case said the 2001 survey is "old news,"and all of the priorities on the list came from focus groups that were asked what items they considered important to Eden Prairie. Case said he believes in"shotgunning out"to provide amenities to all sections of the community. Case noted that in the 80s,the public consensus was to keep the 169 intersection at grade level,but that public opinion on that had changed by the late 90s. Case said he"represents the people of today while keeping an eye on the past and on the future." Councilmember Young thanked Mr.Briant for his presentation,and said he happens to share Mr.Briant's opinion. Young said that if historic preservation is a vision the Council has,they need to say so. IV. ADJOURNMENT ITEM NO.: V.B. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY,NOVEMBER 23,2004 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 Neal added Item VI.L., a resolution accepting a gift of a house to do live fire training in; and requested revision of Item VI.D.regarding the city's phone contract with KMC. MOTION: Case moved, seconded by Young to approve the agenda as published and amended.Motion carried 5-0. V. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY,NOVEMBER 9,2004 MOTION: Butcher moved, seconded by Case to approve the minutes of the City Council Workshop held Tuesday,November 9, 2004.Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY,NOVEMBER 9,2004 MOTION: Mosman moved, seconded by Young to approve the minutes of the City Council Meeting held Tuesday,November 9,2004.Motion carried 5-0. VI. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. ADOPT RESOLUTION NO.2004-158 RELATING TO$1,660,000 GENERAL OBLIGATION IMPROVEMENT REFUNDING BONDS,SERIES 1997B C. ADOPT RESOLUTION NO.2004.159 COMPENSATION REVIEW AND AUTHORIZING MAYOR TO SUBMIT APPLICATION FOR SALARY CAP WAIVER FOR CITY MANAGER CITY COUNCIL MEETING November 23,2004 Page 2 D. ACCEPT PROPOSAL FROM KMC TO RENEW VOICE AND DATA SERVICE CONTRACT E. AWARD CONTRACT TO KEYS WELL DRILLING COMPANY FOR CONSTRUCTION OF WELL NO. 15 F. APPROVE EASEMENT AGREEMENT WITH EATON CORPORATION FOR WELL NO. 15 G. APPROVE SECOND READING OF AN ORDINANCE AMENDING CITY CODE SECTION 5.36 RELATING TO LICENSING OF COLLECTORS OF SOLID,RECYCLABLE AND/OR YARD WASTEAND ADOPT RESOLUTION NO.2004-160 APPROVING SUMMARY ORDINANCE H. ACCEPT PROPOSALS FROM BIENEK PROPERTY SERVICES FOR SNOW REMOVAL AT CITY CENTER AND THE DEN RD.LIQUOR STORE I. ACCEPT PROPOSAL FROM TAHER BUSINESS DINING TO PROVIDE FOOD SERVICE AT CITY CENTER AND ALLOW USE OF GARDEN ROOM FACILITIES FOR CATERING PURPOSES J. DECLARE OBSOLETE POLICE COMPUTER EQUIPMENT AS SURPLUS AND AUTHORIZE DISPOSAL K. APPROVE SALE OF EXCESS UNUSABLE FURNITURE AND OFFICE EQUIPMENT THROUGH ANOKA-BIG LAKE AUCTIONEERS L. ADOPT RESOLUTION NO.2004-161 ACCEPTING GIFT OF A HOUSE TO THE FIRE DEPARTMENT FROM DAVE DURST MOTION: Butcher moved, seconded by Mosman,to approve Items A-L of the Consent Calendar as amended.Motion carried 5-0. VII. PUBLIC HEARINGS/MEETINGS A. DAIRY QUEEN GRILL AND CHILL by Frauenshuh Companies. Request for Planned Unit Development Concept Review on .84 acres,Planned Unit Development District Review with waivers on .84 acres,Zoning District Amendment in the Community Commercial Zoning District on .84 acres, and Site Plan Review on .84 acres.Location: 8868 Aztec Drive. (Resolution No.2004-162 for PUD Concept Review) City Manager Scott Neal said official notice of this public hearing was published in the November 11,2004,Eden Prairie Sun Current and sent to 32 property owners. He said this project is a 5,500 square foot restaurant and the Community Planning Board voted 7-0 to recommend approval of the project at the October 25,2004 meeting. He said screening of parking is required by code and the plan should be revised to provide a total of 20, 6-foot high, conifer trees,to be located adjacent to CITY COUNCIL MEETING November 23,2004 Page 3 Highway 212 and Aztec Drive.The revised landscape plan will be included with the developer agreement. Mosman asked if the conifers would be set back far enough so they would not get salt spray. Jeremiah said the details of the screening for the parking lot will be worked out before final approval and staff is not satisfied that there is a final plan at this time. There were no public comments. MOTION: Mosman moved, seconded by Case to close the Public Hearing; and adopt the Resolution for Planned Unit Development Concept Review on .84 acres; and approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Amendment within the Community Commercial Zoning District; and direct Staff to prepare a Development Agreement incorporating Staff and Board recommendations and Council conditions. Case commented that there were gasoline storage tanks located on this site and he heard they had been removed.He said a year ago there was believed to be possible leakage which might impact an open well and asked if this had been clarified. Jeremiah said the applicant is aware there may be some environmental issues on the property and staff just became aware of this today and is starting to explore the status. She said it is unsure whether Phase 1 is completed and whether those issues are addressed in that phase,but staff will look into this and make sure that any required mitigation will be part of the final approvals. Motion carried 5-0. VIII. PAYMENT OF CLAIMS MOTION:Young moved, seconded by Mosman,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 XL REPORTS OF ADVISORY BOARDS & COMMISSIONS XII. APPOINTMENTS XIII. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER 1. Cummins Grill House CITY COUNCIL MEETING November 23,2004 Page 4 Neal said this report is a follow-up to a discussion that the Council had at the workshop on November 9,2004.He said at that workshop there appeared to be a consensus among the council that the preferred outcome for the future of the homestead would be some kind of private commercial adaptive reuse of the home and the property along the lines of what was previously accomplished with Dunn Brothers Coffee at the Smith Douglas Moore House. Neal said parameters of that idea were discussed with the council and staff received a fairly coherent message from the council that that is the policy direction in which to proceed.Neal said staff should begin to look through various grant encumbrances covering that property as well as other granting and funding agencies and determine how to relieve ourselves of those encumbrances if possible.He said then staff could begin the process of identifying what the reuses are appropriate and potential parties that might be involved in reuse of the site,and then begin a process short of negotiating final agreements. Neal said he drafted this in the form of a motion to adopt tonight,but he is not sure a formal motion is necessary,but he believes it was a solid agreement among councilmembers that this is the preferred direction for this project. Case said he would prefer to have it on record as a motion. MOTION: Case moved, seconded by Mosman,to direct staff to prepare a plan for the private commercial adaptive reuse of the Cummins-Grill Homestead property which endeavors to preserve the historic nature of the property;minimize the City's future financial investment in the property;and increase the public's access to the property. Young commented that he has no problem if a commercial business were to come into this location and spend its own money to renovate it,but it is not right to describe it as along the same lines as the Smith Douglas Moore House because taxpayer dollars were spent to renovate that house before a commercial tenant came in. Young said he understood that the discussion was rather general and what would be requested was also very general.He said priority plans and formal motions would be a baby step away from spending taxpayer dollars and that causes concern.He said this is not a priority to him and is not something he thinks warrants a motion or formal plan.He said he thinks staff could accomplish what he would like to have done with that building without that specific level of direction and he cannot support it. Butcher said when there is a program that council wants to assess,especially if the city holds it,a plan is often created to help understand what the probabilities are for its future and she thinks a plan is a good idea. She said since the city has a commission that deals specifically with historic preservation, she thinks it would be great to get that input as well. CITY COUNCIL MEETING November 23,2004 Page 5 Tyra-Lukens said that she understands the wording of"preparing a plan" could be perceived as saying it's something the council is going to do versus looking into the possibility of whether or not private commercial adaptive reuse can be done and what the options are. She said it doesn't lock in to heading down a certain road and doing something specific with the Cummins Grill House. She asked Young if he does not want staff to look into this or if he just does not want something as definitive. Young said he has two levels of concern.He said staff does things every day that council does not need to direct them to do and to him the conclusion of the discussion at the workshop was that this fell into the category of things that they could look into without a motion or request to create a formal plan. He said he does not want to begin down a road without knowing where the conclusion is and this causes a doubt in his mind as to where the end point is. He said he will not support taxpayer funds to be used to renovate the house and worries that the wording will lead to that. Case said at the workshop it was discussed what the conclusion options are down the road and the three options were: 1.to tear it down and say we can't do anything with it,2.to allow it slowly to fall apart which by default is to tear it down,and 3.to pursue some type of funding to preserve it and restore it with the goal to do it in as much of a private public partnership way with the least public dollars used. Case said that Young is suggesting to,by default, raze it because he has no plans to fund it. Case said the end result is that we would take care of this property as we would any investment that the city has today such as parkland,park infrastructure buildings, ice rinks, and any property that we would protect.He said how to do that is to have a plan.He said before doing anything with private dollars,we have to pursue the LAWCON grant being removed, otherwise we are at our own expense to pay for it completely and he is not in favor of that. Case said he is not in favor of neglect or by default allowing the home to fall apart.He said he believes that what has happened at the Dunn Brothers house is immensely supported by the public, so clearly there is some evidence to support the idea that people are not against what was done there and therefore,he would be in favor of doing something again that has a public private sharing component to it. Mosman said she understands the needs for different wording and she sees it as"plan of action"if you want to differentiate it from a paper plan. She said since she has been on the council she remembers several instances where when there was not a formal motion and it was not in the minutes,things have been forgotten by everyone. She said she would definitely support the idea of a motion because it was the consensus at the last workshop to go ahead with a motion. Neal suggested rather than"prepare it,"directing staff to investigate private commercial adaptive reuses of the Cummins Grill Homestead which is really CITY COUNCIL MEETING November 23,2004 Page 6 what staff will be doing.He said staff wants council to acknowledge that some money will need to be spent for legal,engineering, surveying, and appraisal work to prepare a plan like this. Butcher said she doesn't think the word plan is a loaded word. She said this is what we do when we have decision making to be done. She said what is important is the spirit of the discussion that was captured in the minutes and that is that we do need to look at options out there that would include a private contributor. Young said none of his earlier comments were directed against trying to remove the LAWCON grant for the property.He said to take the commercial success of the Dunn Brothers Coffee House and equate that into somehow a vindication of historical spending is a leap of faith. Motion carried 4-1 with Councilmember Young opposed. 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 1. Acquisition of Property for Future Fire Station (Resolution No.2004-163) Staff is seeking authorization to negotiate the acquisition of a 3.68 acre parcel located in the southeast corner of Dell Road and Linwood Court area for a new fire station development. The parcel will be acquired through purchase, or if necessary,through eminent domain.The Fire Department has been on a 5-year plan for the construction of its fourth and final fire station location. Southwest Eden Prairie has developed to a point where a more localized fire response base is needed. Numerous sites were explored in southwest Eden Prairie. This site has the benefits of being located on a major north/south artery with access to major east/west arteries. Additionally the site is located within close proximity to various types of residential housing, desirable for our volunteer staffing needs. Fire Chief George Esbensen gave a Power Point presentation on the process for acquiring the property, location of the property, layout of the fire station, and fire station coverage area.He noted that initially open spaces in southwest Eden Prairie were identified, sites were ranked and they are working on fire station requirements and exterior design.He said once they get through that process,they will be holding neighborhood meetings in the area and will also need to initiate a recruiting drive to increase staff from 75 to 95 firefighters to CITY COUNCIL MEETING November 23,2004 Page 7 support the fire station.He said then bid documents will be created and they hope to break ground in June of 2005 with completion by the first quarter of 2006. Esbensen said the plan is to purchase the entire parcel of 3.68 acres.He said MnDOT would need 1.29 acres for right of way for the TH312 project and the development of Miller Parkway and the fire station needs approximately 1.3 acres.He said the plan is to work with the developer to sell the remaining piece for some sort of commercial retail endeavor.Esbensen said this would take the city's net cost for the land down to about$500,000 from the initial purchase price of$1.9 million. Esbensen said the city is covered well except for the far northeast corner of the city, but an auto aid agreement with Edina covers the northeast section. Case asked if Eden Prairie would assist Chanhassen with the circle that covers the west.Esbensen said Chanhassen has already been in contact with us and is looking to use Eden Prairie as their auto aid because Settler's West will not have a fire station in their southwest corner. Neal noted that there were early discussions with the City of Chanhassen on the possibility of doing a joint facility together and their preferences for the location of their facility was far west compared to what was needed for Eden Prairie. Butcher asked if we bill Chanhassen when our city provides services. Esbensen said no and it is a cooperative agreement because we utilize services in their city.He said there would be issues if we were in their city for more than an eight-hour stretch at one time,we would be able to get in line for reimbursement for time and consumables.Butcher asked if there is an idea of what percentage of time we'd spend in Chanhassen so we would know how many of our resources are being used.Esbensen said it would be hard to say. He said so far this year they've been in our city eight times and we've been there twice. MOTION: Butcher moved, seconded by Case,to adopt the resolution authorizing the City Manager and or his designee and the City Attorney to acquire by negotiation or through the power of eminent domain the real property described as Outlot H,Hawthorne Addition of Eden Prairie, Hennepin County,Minnesota, for use as a City fire station. Motion carried 5-0. 2. Purchase Agreement for Property for Future Fire Station Rosow reported that David Lindahl has been primarily responsible for negotiating with the property owners and they have verbally agreed upon a price of$1.9 million.He said they do not have a copy of the agreement before us tonight but it will be delivered to them tonight if approved.He said the authorization is to request approval of the agreement with such changes other than price that would be approved by the officers signing the agreement. CITY COUNCIL MEETING November 23,2004 Page 8 MOTION: Case moved to approve Purchase Agreement between the Delegard's and the City for Outlot H,Hawthorne Addition of Eden Prairie, Hennepin County,Minnesota, with such changes, except for price, as are approved by the officers executing the Agreement and authorize the Mayor and City Manager to execute the Purchase Agreement. Seconded by Mosman, motion carried 5-0. H. REPORT OF CITY ATTORNEY XIV. OTHER BUSINESS XV. ADJOURNMENT MOTION: Case moved, seconded by Butcher,to adjourn the meeting.Motion carried 5-0. Mayor Tyra-Lukens adjourned the meeting at 7:38 p.m. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar December 7,2004 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VI.A. Randy Slick Approval of Final Plat for Prairie Pines Public Works/Engineering Svcs. Requested Action Move to: Adopt the Resolution approving the final plat for Prairie Pines. Synopsis This proposal is for the plat located south of Pioneer Trail and west of Crestwood Terrace. The plat consists of 5.09 acres to be divided into eight single family lots,one Outlot and right-of-way dedication for street purposes. This is a replat of Tract F,Registered Land Survey 1410. Background Information The preliminary plat was approved by the City Council on September 28, 2004. The Second Reading of the Rezoning Ordinance and final approval of the Developer's Agreement was completed on October 5,2004. Approval of the final plat is subject to the following conditions: • Receipt of engineering fee in the amount of$392.00 • Receipt of street lighting fee in the amount of$694.98 • Receipt of street sign fee in the amount of$404.80 • Prior to release of the final plat,Developer shall provide to the City a current title insurance policy. • Satisfaction of bonding requirements for the installation of public improvements • Execution of Special Assessment Agreement for trunk utility improvements and the stabilization of existing erosion within the Riley Creek corridor • The requirements as set forth in the Developer's Agreement • Provide a list of areas (to the nearest square foot)of all lots, outlots and road right-of- ways certified by surveyor. • Prior to release of the final plat,Developer shall dedicate Outlot A to the City of Eden Prairie. • Prior to release of the final plat,Developer shall convey drainage and utility easements to the City over that portion of 9601 Crestwood Terrance. • Prior to release of the final plat,Developer shall submit a Wetland Plan to the Environmental Coordinator. Attachments • Drawing of final plat • Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2004- A RESOLUTION APPROVING FINAL PLAT OF PRAIRIE PINES WHEREAS, the plat of Prairie Pines 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 Prairie Pines is approved upon compliance with the recommendation of the City Engineer's report on this plat dated December 7,2004. B. That the City Clerk is hereby directed to supply a certified copy of this resolution to the owners and subdivision of the above named plat. 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 December 7,2004. Nancy Tyra-Lukens,Mayor ATTEST: SEAL Kathleen Porta,City Clerk S10A3A.11/7S 0VY7 'N/ ANVdPY0.7 SA3Ad/75.107 Arc No AP a101 Io.01•16.a'N1••'3 1.1 PW191 001 OS 0 OS Tr--A I° 1333 N 3'1YOS -OOL 1°AO-sYl 8,01..141 u,Pp.va on 53Ad 3g1Yad 11 FPW7!•W IROIROI 1NPi Ag.,ay 1 olw.wy.•A1w03*dual.•531L1 d0 1Y310031 z66Yz'oN'STa 03MIYY1 ONY 13S 1N3NOJOYI NON 53101G0 0 R8 .R•n.5 Alpo]ubw•11 Wp,g•d uop!M N NMOHS 35111113010 -002 to Rop-a!%w cadclo uaag W 1pld a!4o(6061)S9S'00Pf'115 Y%n1o1S 01w 5533'•1.5311101 0W10f0Y OM 1•9'..1 l3A H10.N 1333 S ONY MK!AYM 30 L.1= o{oa.wll'.loon]*dnu•N 7gISW03AWK 1 0.M11007/OW MOM N 1331 0l 0N30 s^ a .tP 1P' AYdp Ra OIp•IY AP•03.'do•1H•.w00.0 71 MINoa li 1-s gam s�•1. 2f w Rop-.N{moo•I*d 2Nl o paeans,pc,,ol plod wag moo uo.R,o;M Dw-*NOVod s ml W1 WWl pH»a Rai 01 /*'''‘.. el. IJ,• ��..^• 1N311aYd30 5371Aa3S a3AYdAv1 I I / \4s mar C� stool NMOHS 3av / \�'Ao /,' .,s4' >/ 1 .A*, S1N3YGSY3 3OYNYb0 O1Y ALIln /.)1 \\ R:p� a,Y lye A17 John,. / cr, 031S13 1011 Y31 5*11 axinssv J�HOL01i0CIo T �O OO ��n( / /, 're.. i. Y1053a1Y1'3aoad N303 30 100O03 MD / \\� 4 / / \\� `G / \ / .' •r '0....1.14M VOWS w31K'•%oials 0l A A4 1�1 / \ / / J O pppo,d so Yw:lopwunw0•0 Pw gwu.m 1PYu to I6.pu p.n.s Pnd0•.W poi Ap 0f Ps2n.•°d Wl.AR3 W1 Lq wpm,wag sang,1w!61O Aonppl �/ \\ - {/� / ....... A1.103 Ai p.uogo{m6,1 to.uo!asu.u03 Wl to sollop,.u000m,pw aiu.uawa w11!a•W1 141.00.N -002 !o A0p-.141 , '�' \10 ''}, "+' / \'F �• PIW 1ou•41 Nam-Cinema o$°blpsau '1'd o.P3 to R113 W1 II E0'3 A{9 W1 04 Da10pa°pm p•nwdd°.0.53Yd 301Yad to Wld.141 yw0)�s c•\\\ _ / \\r0• Y3053N'1•3aYad 1003 �� / •C4SZ\\ /� / \l• �f \\ eN / 0,/ I o / SOOL'If Amq' mn0.3 a�wuoi Hl 9 \\ 'm //pI 'b o / moan,'•gi.,o3 u!a.w.x•1ev�a£o100 w:o a•._ 1. •oN n�•A4'•d9,p%/ ,Y..SJ. � \ to I .L ,J [' ?I .T, re / (7 if',,:.'. •`eI\ Df p/ 4ti, D \¢' I ,p q •.A.noS Rol w.I.6.a L Ai 11 A.o6s,0 Ag-o0z to Ap 141....1.4 pa0p4p...00 p.%0290/110•,.A.n..6.06..1 AL 9$ o1\r'rorS / �o,° °b. \` i`p.16��\ / *d•sus.w Awmp \ m, ��...- 0 ° mug.W•1%5 \\ ' • / \` .'+., / 266f3'°..71=6I1"%wary. \\ r\ \ Wit.,�, 0f 1•1441 / nR..v�S pnl wwla6aa V.«oN Y.4o6u3 �\ Al..0.S1• \ y�y / •60.0S.P ,0v 1 / 091.-'n \ d' \ /a' ..�\\\ .rs.600S.v1 �°8�. erozo E /= `e ti. 4. \\\rC Do- % • \\ /'-' b / laid pot p wlpbl•.p.9 0l 1 P015 Y0'S0S SN 1!P1aJp an•.Pug.•.PO sap.1u0 W41 Po.:Wad P:o.w 11.mu6;..0 A111.......M.Pwag%VV.1.0 IWl Poo 4. r, 'J•.?. \b.eo"• a ; ww/���•\ \ /s. I,. •1,, l0H poa u°u+04•..pmb W1 u w1N0 N1a11oa wag.0m0 mu/tunou1 P 1W1:1001 0 to amps-pay pa,Is11*l d W.w AA.1laa,na SO..auN9 p 104{ \\L 4 .x,• ^ r\\\� /'.Pi o 42 ti�orb\`\\\ /w ,..S �, / :R.aw Poo l0 w401un,Na 1a•,na°.1 lad a.Y1 1041 S3W 30Yad..Wd.Yi un P.f+rp PW W1 w{1.10 Pw MA•nn.a^W I WV;AI:{w1 1Pw4 I Y • U vOSOOC .d• ., .y, r1. ', .a.°1 y P4 -` e� •L\\ l !1i 1 ',1 @ � /A.e` dO E; \co, Q� / .e1!d.3 ua..!um.i AH S C .b \ D r0 V•� 1 "yam,•Alwo.. 'afTd Rn11N �s\geSYO�• �k1y\.pi yo 4.••�8 A\d At Z, Ai ( / •Rv>0u.a Po.Ip IP4w w•RuoOu.a RIHgo6 vt1,1.11%g.1.,n o 9/` •Tlz. g W i q\\ /N 'a a, .5. Ill lwu..1..0.03 10 lwp!s.,d'awaoa p.g031 Ag-OOL to Rp-a,.0 iw m.l.q D•6p•{•wµlp p.iwu.%wg 6u;o6•.1 WL \N'Al. O !!�� e.c 'sr' h �v.,', °1oa11°fi io nou \\ aaJ�' `\44,14,b, Of \\ T ` 0` �> / lwP!.ya 'tl°6°a pn4?a .........”Al.," { VV (1 / not.'?;......, P ,. / \\0t`A2t •4�s \ /00 / ' 00 {°Aop-.VI Jlp,•0p,d aP.Ag PM;t mg%alws•N•au0 p•110•o4'3T lwwdol•n•0.03 plot pow,mama.4 L z 1010 W1 w u.W.•c Pa Go.•.101'IA.*,p moo. po 60.loop.po. uo../ ''.........0 Ege h .` / .lutua.0.W1...l....And.I alTd Wl pl.101yp po.IpwP 0..4..09 pm 53.1 3aYad.o Ps1WH pn P.A.nna w of.u.a M waroa aoH 0 I f I •o: •S '?\ar Bsg / OM• 'ON A1n,n5 pool p.1.1t!6.1•d 1ao11 \\ ,'?'' / w1*1.1o011.A1u001d P•a...p 11•0.01 W1 to.au.c•..:duel Al2g03 P•11u1%0tau.„0'3ll lx 10wd0•.•0°d3 1041 SU13S53tld 39LL Agni1O MOd 'ON l.a SJNId J2IIV?Id CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar December 7,2004 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C.02-5584 ITEM NO.: VI.B. Randy Newton Requesting Mn/DOT provide funding through Engineering Services the FY 2006 Municipal Agreement Program for the Major Center Area Traffic Signal Improvement Project Requested Action Move to: Adopt Resolution requesting Mn/DOT to provide funding through the FY 2006 Municipal Agreement Program for the Major Center Area Traffic Signal Improvement Project. Synopsis City staff has submitted the Major Center Area Traffic Signal Improvement Project to Mn/DOT for the FY 2006 Municipal Agreement Program. In order to complete the application, a City Council Resolution requesting funding and stating that the City will complete the project if funding is provided is required. The proposed project is anticipated to improve the operation of the Prairie Center Drive and Valley View Road ring road. Background Information Over the past several years,the City, in partnership with Mn/DOT and Hennepin County,has interconnected most of the traffic signal systems along the Prairie Center Drive and Valley View Road ring road. However,due to a lack of available resources,Mn/DOT is unable to effectively implement the necessary coordinated timing plans. As a result,and in an effort to obtain funding for the implementation of timing plans along the entire ring road,a project was recently submitted to Mn/DOT for the FY 2006 Municipal Agreement Program. In order to complete the application,a City Council Resolution requesting funding and stating that the City will complete the project if funding is provided, is required. The Major Center Area Traffic Signal Improvement Project includes updating traffic signal control equipment at identified locations and implementing traffic signal coordination timing plans for the entire 4 mile ring road system,which includes 18 traffic signals. Financial Implications The preliminary cost estimate for the Major Center Area Traffic Signal Improvement Project is$103,000. The Municipal Agreement Program submittal requested that Mn/DOT contribute$40,000 towards the cost of the project. The City of Eden Prairie would be responsible for the remainder of the project costs ($63,000). City costs would come from the Major Center Area Construction Fund. Attachments • Resolution • FY 2006 Municipal Agreement Program Request Letter • Cost Estimate • Graphic CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2004- RESOLUTION REQUESTING INCLUSION INTO MN/DOT'S FY 2006 MUNICIPAL AGREEMENT PROGRAM FOR THE EDEN PRAIRIE MAJOR CENTER AREA TRAFFIC SIGNAL IMPROVEMENT PROJECT I.C.02-5584 WHEREAS, the City of Eden Prairie wishes to improve the operation of the Prairie Center Drive and Valley View Road ring road;and WHEREAS, completed and up-to-date coordinated traffic signal timing plans are necessary for the efficient operation of the Prairie Center Drive and Valley View Road ring road;and WHEREAS,Mn/DOT does not have the available resources to effectively implement the necessary coordinated traffic signal timing plans;and • WHEREAS, the traffic signal improvements contemplated in this project are important to the health,safety,and welfare of the residents of Eden Prairie. NOW,THEREFORE,BE IT RESOLVED by the Eden Prairie City Council: That the City hereby requests inclusion of the Eden Prairie Major Center Area Traffic Signal Improvement Project into Mn/DOT's FY 2006 Municipal Agreement Program and that the City will complete the project if Mn/DOT funding is provided. ADOPTED by the Eden Prairie City Council on December 7,2004. Nancy Tyra-Lukens,Mayor ATTEST: SEAL Kathleen Porta,Clerk November 19,2004 Michael Kowski Cooperative Agreements Engineer Mn/DOT Metropolitan Division Waters Edge 1500 West County Road B2 Roseville,MN 55113 SUBJECT: Request for FY 2006 Municipal Agreement Program Funding Eden Prairie Major Center Area Traffic Signal Improvement Project Mr.Kowski: The City of Eden Prairie wishes to submit the Eden Prairie Major Center Area Traffic Signal Improvement Project to the Mn/DOT Metropolitan Division's FY 2006 Municipal Agreement Program. This is a preservation and management project intended to improve the safety,capacity and operation of the key arterial roadways of Prairie Center Drive, Valley View Road and a portion of TH 212 by updating traffic signal control equipment and implementing traffic signal coordination timing plans. The estimated total cost for the project is$103,000. With this submittal the City of Eden Prairie is requesting that Mn/DOT provide$40,000 towards the project from the FY 2006 Municipal Agreement Program. The remainder of the project funding will be the responsibility of the City of Eden Prairie. Hennepin County will also be requested to participate in the funding of this project. Project Description The Eden Prairie Major Center Area Traffic Signal Improvement Project is intended to improve the function,operation, safety and capacity of Prairie Center Drive,Valley View Road and a portion of TH 212. These roadways constitute the Major Center Area ring road and their efficient operation is an important aspect of the regional roadway system in the Southwest Metro Area. The project includes updating traffic signal control equipment at identified locations and implementing traffic signal coordination timing plans for the entire 4 mile ring road system which includes 18 traffic signals. Request for FY 2006 Municipal Agreement Program Funding Eden Prairie Major Center Area Traffic Signal Improvement Project November 19,2004 Page 2 of 3 Anticipated Benefits The proposed Eden Prairie Major Center Area Traffic Signal Improvement Project meets the following Mn/DOT's investment principles: 1) Preservation • Preserve the arterial function of the Major Center Area ring road by optimizing the flow of traffic through the signalized intersections. • Preserve the safe and efficient operation of the roadway system. • Preserve the public's investment in existing infrastructure. 2) Management • Manage the safety,capacity,and operation of the existing roadway system. In addition the project is anticipated to have the following benefits: • Traffic signal coordination is a proven technique,with a high benefit/cost ratio, to maximize capacity and reduce crashes. • Make the Major Center Area ring road a more attractive alternative route by improving its operation. • Improve access to the regional roadways(I-494,TH 312,TH 212,TH 5)by improving the operation of the various interchange areas along the Major Center Area ring road. Project Cost The preliminary cost estimate for the Eden Prairie Major Center Area Traffic Signal Improvement Project is$103,000. With this submittal the City of Eden Prairie is requesting that Mn/DOT provide$40,000 in funding towards the project from the FY 2006 Municipal Agreement Program Funding. The Mn/DOT share is based on the percentage of signals Mn/DOT owns within the Major Center Area ring road system(7 of • 18). The City of Eden Prairie will be responsible for the remainder of the project costs. Hennepin County will also be requested to participate in the funding of this project. Request for FY 2006 Municipal Agreement Program Funding Eden Prairie Major Center Area Traffic Signal Improvement Project November 19, 2004 Page 3 of 3 Identified Needs All of the traffic signal systems included in the project are on major arterial roadways in the City of Eden Prairie. All of the roadways are expected to handle large volumes of traffic on a daily basis and as a result the efficient operation and optimization of the roadways is integral to providing a safe and efficient roadway system in the southwest metro area. Additional identified needs include the following: 1) The traffic signal systems included in the project are not running completed and up to date coordinated timing plans. 2) Mn/DOT's Metro Division signal operation section has limited available resources to effectively implement the necessary timing plans on the ring road. 3) The close traffic signal spacing along the Major Center Area ring road requires coordinated traffic signal timing plans for efficient operation. Please note that a City Council Resolution requesting funding from Mn/DOT will be obtained in December. Once this is obtained a copy will be forwarded to you for your records. Thank you for consideration of our submittal. If you have questions regarding this project, please contact Randy Newton at 952 949-8339. Sincerely, Alan Gray, P.E. City Engineer AG:jrn Major Center Area Traffic Signal improvement Project Cost Estimate City of Eden Prairie Item Description Unit Unit Cost Total Quantity Amount Hardware Signal Contoller Each $3,500 5 $17,500 Master Controller Each $5,000 2 $10,000 Signal Coordination Signal Timing Signal $2,750 18 $49,500 Traffic Responsive Setup System $4,000 4 $16,000 System Evaluation Lump Sum $10,000 1 $10,000 PROJECT TOTAL $103,000 i8 -''1�1 ,` J;;, ';;'.f= j TRAFFIC SIGNAL KEY r----0 -' ` c, ) \'..'::,JJ�. 11 212 f t, . COUNTy OPINED (HENNEPRO RE + ` 11 STATE OWNED (Mn/DOT)1L € O CITY OPERATED (EDEN PRAIRIE) ACOUNTY OPERATED (HENNEPIN) �`., ,, Illif ( ..."\N VI ---�" a}� 4 j ❑ STATE OPERATED (Mn/DO'l') __---- .- ,,._�. • .__ _ ® TEMPORARY SIGNAL E-:), ...,,,_ ____./ ' . .-- ri: ne • PERMANENT SIGNAL ,,,,, FUTURE SIGNAL ---------7--------. ----"11111Chilik. , i‘..__i J'�� F �3 \ ,...... ' ii � 1 COORDINATED SIGNAL SYSTEM ' TECHNOLOGY DR / 1 a 1 "• '. , - INTERCONNECT - � '> ;;,'% ty` " --- FUTURE INTERCONNECT • ' "-;::::;;•..- ' ikiw...___, _____. 5 ) C.) t-=NOLOGl �� `� �oG + :5%:fS5 l/i/Jl/Js/ 1 \,, ,,, ,,,, ,,,,,,,,,,,,,/ J, //l/JKF F/e„,e,,E ems'* tl .„.:,,„.. `,...r \ „,—,a //J,f PRAIRIE 9--7 1 (1 > Lcf J 1 =_ City of Eden Prairie c- 2-) C) ' , Major Center Area �� �( 1� . , Y''' ,,-' Traffic Signal Project CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar December 7,2004 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 01-5527 ITEM NO.: VI. C. Approve Plans and Specifications and Order Randy Newton Advertisement for Bids for the TH 212/ Engineering Services Prairie Center Drive Intersection Improvement Project. Requested Action Move to: Adopt Resolution approving plans and specifications and ordering advertisement for bids for I.C. 01-5527, TH 212 / Prairie Center Drive Intersection Improvement Project. Synopsis The TH 212/Prairie Center Drive Intersection Improvement Project was originally bid in July 2004. Due to the high bids and the tight construction timeframe,the bids were rejected. In order to achieve a Spring 2005 construction start,the project is scheduled for a February 2005 re-bid. Background Information With the assistance of SRF Consulting Group, Inc. the Engineering Division has prepared plans and specifications for the TH 212 / Prairie Center Drive Intersection Improvement Project. Sealed bids for the project were originally received on Thursday July 29, 2004. Five (5) bids were received and the low bid was 11% above the Engineer's Estimate. Due primarily to the high bids and the tight construction time frame,the bids were rejected and scheduled to be re-bid for a Spring 2005 construction start. The TH 212/Prairie Center Drive project will increase the capacity of one of the most congested intersections in the City by providing additional turn lanes. The importance of this intersection to the City's transportation system along with the problems associated with its poor operation make its improvement one of the highest priorities in our system. Financial Implications The engineer's construction cost estimate for the project is $1,700,000. Through the Municipal Agreement Program Mn/DOT is contributing $530,500 towards the construction costs. The City of Eden Prairie is responsible for the remainder of the construction costs ($1,169,500). The City costs are anticipated to come from the Major Center Area Construction Fund. Attachments • Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2004- RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS WHEREAS, the City Engineer through SRF Consulting Group, Inc., has prepared plans and specifications for the following improvements to wit: I.C.01-5527 TH 212/Prairie Center Drive Intersection Improvement Project and has presented such plans and specifications to the Council for approval: NOW,THEREFORE,BE IT RESOLVED by the Eden Prairie City Council: A. That such plans and specifications, a copy of which is on file for public inspection in the City Engineer's Office,are hereby approved. B. The City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published for 3 weeks, shall specify the work to be done, shall state the date and time that the bids will be publicly opened, and the City Council meeting at which they will be considered. No bids will be considered unless sealed and filed with the City Clerk and accompanied by a cash deposit, cashier's check,bid bond or certified check payable to the City for 5%(percent)of the amount of such bid. ADOPTED by the Eden Prairie City Council on December 7,2004. Nancy Tyra-Lukens,Mayor ATTEST: SEAL Kathleen Porta,City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar December 7,2004 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.:VI.D. Finance, Sue Kotchevar Resolution Regulating Fees and Charges for Business Licenses,Permits,and Municipal Services Requested Action Move to: Adopt Resolution Regulating Fees and Charges for Business Licenses, Permits and Municipal Services for 2005. Synopsis This resolution requires approval on an annual basis. Attachments Reports listing changes Fee Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2004- A RESOLUTION REGULATING FEES AND CHARGES FOR BUSINESS LICENSES,PERMITS AND MUNICIPAL SERVICES The City Council of the City of Eden Prairie resolves as follows: Page Business Licenses 2 Office of the City Manager Customer Service 5 Facilities 6 Finance 7 Community Development Assessing 8 Building inspections 9 Development 14 Zoning ...,, 16 Zoning-Telecommunications 17 Parks&Recreation Community Center 18 Community Center-Policy of Group Rate&Liabilities 21 Oak Point Pool 22 Beaches 23 Special Events 24 Organized Athletics 25 Pleasant Hills Cemetery 26 Community Garden Plots . 27 Police , 28 Fire . . 31 Public Works Services Engineering 32 Engineering Land Development Services .. 36 Utilities .. 38 Facilities Rental Facility Rental Information 41 City Center&Community Meeting Rooms 42 Garden Room 43 Community Center 43 Oak Point Pool 46 Park Facilities Rental 47 Senior Center 49 Attachment A—Miscellaneous Fire Fees 50 I 2005 Fee Resolution Service Fee Description Business License 1.Liquor- Non-Intoxicating malt liquors On-Sale $750.00 Annual Per year. If less than one year,amount will be prorated • over remaining months. Off-Sale $150.00 Annual Per year. If less than one year,amount will be prorated over remaining months. Investigation Fee $500.00 Initial Application 1.5 Liquor-Intoxicating Malt Liquors Growlers $250.00 Annual Off-Sale 2.Liquor On-Sale On•Sale $8,500.00 Annual Per year. If less than one year,amount will be prorated over remaining months. Investigation Fee $500..00 Initial Application Investigation Fee $25.00 License change-New Manager Investigation Fee $150.00 License Change(Other than Management Change) 3.Liquor On-Sale Fraternal Clubs Liquor On-Sale $100.00 Annual Per year If less than one year,amount will be prorated over remaining months. Investigation $500.00 Initial Application Investigation Fee $25..00 License Change-New Manager Investigation Fee $150.00 License Change(Other Than Management Change) 3.5 Liquor On-Sale Non-Fraternal Clubs Liquor On-Sale $4,250.00 Annual Investigation $500.00 Initial Application Investigation Fee $25.00 License Change-New Manager 2 2005 Fee Resolution Service Fee Description Investigation Fee $150.00 License Change(Other Than Management Change) 4.Liquor On-Sale Wine On-Sale $2,000.00 Annual Per year. If less than one year,amount will be prorated over remaining months. Investigation $500 OD Initial Application Investigation Fee $25,00 License Change-New Manager Investigation Fee $150.00 License Change(Other Than Management Change) 5.Liquor Other Temporary Beer $0.00 Requires application Temporary Wine $0.00 Requires application Sunday Liquor $200.00 Annual Per year. If less than one year,amount will be prorated over remaining months. Special Events $200.00 Per Event 6.Liquor Investigation Fee An investigation fee not to exceed$500 shall be charged to an applicant by the City if investigation is conducted within the State, or the actual cost not to exceed$10,000 without prior approval,if the investigation is required 7.Other Bicycle $10,00 Bingo(Gambling) $0.00 Requires application Cigarettes $250,00 Annual Per year, if less than one year,amount will be prorated over remaining months. Commercial Fertilizer $50.00 Annual let vehicle Applicator 3 2005 Fee Resolution Service Fee Description Commercial Fertilizer $25.00 Annual Each Additional Vehicle Applicator Dog Kennels $30.00 Private Per year. If less than one Required for 3-5 animals.Must also year,amount will be prorated purchase Individual dog licenses over remaining months Dog Kennels $75.00 Commercial Per year. If less than one year,amount will be prorated over remaining months, Dog License $20.00 Biennuiai Inspections $0.00 Plumbing No fee-State Bond/Insurance required Non-Profit Solicitor $0.00 Requires application Peddlers $30.00 Annual Government issued Identification required Raffle(Gambling) $0.00 Requires application Refuse&Garbage $t o0.00 Annual 1st Vehicle Refuse&Garbage $25.00 Annual Each Additional Vehicle Scavengers $10.00 Annual 4 2005 Fee Resolution Service Fee Description Customer Service City Code City Code-Bound copy $100..00 Original Chapter 11&12 $10.00 Maps and Printing 1st map per resident No fee-distributed at customer service desk Each additional map $0.50 Distributed at customer service desk Per square foot $0.50 Miscellaneous printing City Maps $5_00 Small size 2'x3'or less City Maps $9.00 Large size Overlay Composites $11.00 1/2 section Each Mark Hurd Co.topography $12.50 per acre Previously purchased by the Except$9/sheet if topo map map city purchased by other than City and with original purchasers permission. New order through Mark Hurd Co- their original charge plus$.50/acre CD ROM specifications $20..00 City Council minutes $75.00 Annual Pro-rated City Council agendas $24.00 Annual Pro-rated Duplicating costs $0.25 Per page Plus postage,if any Planning Commission $24.00 Annual Pro-rated agendas Planning Commission minutes $50.00 Annual Pro-rated Video tape of council& $5.00 Per tape Plus postage commission meetings 5 2005 Fee Resolution Service Fee Description Facilities Audio-Visual Equipment Dry Erase Board(3'x5')with $7.50 markers Easel $5.00 Extra pad of paper $12.00 Each FlipchartlDry Erase 510..00 (24'x301 with paper Microphone/stand&speakers $15.00 Microphone,wireless clip-on $20.00 and speakers Overhead projector $15.00 Podium,floor model $7.50 Podium,table top model $5.00 Slide projector with carousel $15.00 Screen,projection(tripod $10.00 stand)6'x6' TVNCR on cart $15.00 Building Supervisor Monday-Thursday,5:00 p.m. $5.00 Per hour -10:00 p.m. Weekends $10..00 Par hour Custodial Time and a half will be $25.00 Per hour charged on weekends 6 2005 Fee Resolution Service Fee Description Finance Tax Exempt Financing Charge Application fee $2,000.00 Per transaction Annual fee 118 of 1%on the unpaid principal This resolution has no effect This charge is effective for all new balance at the end of each 12- on projects currently projects receiving council month period responsible for a fee authorization on or after March 1, persuant to Resolution No 1991 for the issuance of revenue 85-135 and its subsequent authorization and for all existing projects which require council authroization on or after March 1, 1991 7 2005 Fee Resolution Service Fee Description Assessing 1. Value Abatement Per parcel $25.00 Per year 2. Copy of Appraisal/Field Card $2,00 3. Electronic Copies of Data Bases Basic set-up charge $300.00 Prepayment required for all set-up Includes$100.00 for LOGIS charges Plus $0.05 Per record Plus media charge At actual cost 4, Printed Copies of Reports or Databases Basic set-up charge $200.00 Prepayment required for all set-up charges Plus $0.25 Per page 5. Electronic Copies of Reports Basic set-up charge $200,00 Prepayment required for all set-up charges Plus $0.05 Per record 8 2005 Fee Resolution Service Fee Description Building Inspections Building Permit-Valuation $1 to$500 $25.00 $501 to$2,000 $25.00 1st$500 plus$3 25 each add? $100 or fraction thereof,to& including$2,000 $2,001 to$25,000 $73.75 1st$2,00D plus$14.75 each add'I $1,000 or fraction thereof,to& including$25,000 $25,001 to$50,000 $413.00 1st$25,000 plus$10,75 each add'I$1,000 or fraction thereof,to &including$50,000 $50,0D1 to$100,000 $681.75 1st$50,000 plus$7.50 each addi $1,000 or fraction thereof,to& including$100,000 $100,001 to$500,00 $1,056,75 1st$100,000 plus 6 0D each add'I $1,000 or fraction thereof,to& including$500,000 $500,001 to$1,000,000 $3,456.75 1st$500,000 plus$5.00 each add'I$1,000 or fraction thereof,to &Including$1,000,000 $1,000,001&up $5,956.75 1st$1,000,000 plus$4 00 each add't$1,000 or fraction thereof Building Permit Other inspections&Fees Plan checking 65%of the building permit fee if valuation is greater than$10,000 Reinspection $47.00 Per hour Demolishing or Razing $25.00 Buildings Cash Park Fee Single Family Unit $3,400.00 Ali other residential $3,400.00 Per unit Office,Commercial, Industrial $7,500.00 Per acre Fire Alarm&Non-Water Suppression $1 to$2,000 $69.25 9 2005 Fee Resolution Service Fee Description $2,001 to$25,000 $69.25 1st$2,000 plus$14 each add9 $1,000 or fraction thereof,to& including$25,000 $25,001 to$50,000 $391.75 1st$25,000 plus$10.10 each add')$1,000 or fraction thereof,to &including$50,000 $50,001 to$100,000 $643.75 1st$50,000 plus$7 each add! $1,000 or fraction thereof,to& including$100,000 $100,001 to$500,000 $993,75 1st$100,009 plus$5 60 each add9$1,000 or fraction thereof,to &including$500,000 $500,001 to$1,000,000 $3,233.75 1st$500,000 plus$4.75 each add'$1,000 or fraction thereof,to &including$1,000,000 $1,000,001&up $5,608.75 1st$1,000,000 plus$3 65 each add'I$1,000 or fraction thereof Plan Checking 65%of the building permit feed valuation is greater than$2,000 Fire Prevention Miscellaneous Fees $75.00 Per Minnesota State Fire Code See Attachment A for listing of fees Fire Prevention Permits Burning permits $75.00 Per site Limit 2 days per week Fireworks $25.00 Plus standby firefighters at present • hourly rate. Rates set by the State Flammable&combustible $75.00 Per tank Less than 1,000 gallons liquid tank removal; Flammable&combustible $150,00 Per tank Greater than 1,000 gallons liquid tank removal; Grease vapor removal $80.00 Per cleaning system cleaning LP gas,flammable& $150.00 Per tank combustible liquid tank installation LP gas tank(temporary heat) $75.00 Per tank 10 2005 Fee Resolution Service Fee Description Special Hazard Permit-MUFC $150.00 Maximum of 3 per site Article 4 Tents/Canopy $35.00 Per tent Residential Tents/Canopy $75.00 Per tent Commercial Fire Sprinkler Systems $1 to$2,000 $69.25 $2,001 to$25,000 $69.25 1st$2,000 plus$14 each add'I $1,000 or fraction thereof,to& including$25,000 $25,001 to$50,000 $391.75 1st$25,000 plus$10.10 each add'i$1,000 or fraction thereof,to &including$50,000 $50,001 to$100,000 $643.75 1st$50,000 plus$7 each add'i $1,000 or fraction thereof,to& including$100,000 $100,001 to$500,000 $993..75 let$100,000 plus$5.60 each add'i$1,000 or fraction thereof,to &including$500,000 $500,001 to$1,000,000 $3,233.75 let$500,000 plus$4.75 each add'I$1,000 or fraction thereof,to &including$1,000,000 $1,000,001&up $5,698.75 1st$1,000,000 plus$3.65 each add'i$1,000 or fraction thereof Plan Checking 65%of the building permit fee if valuation Is greater than$5,000 Heating&Ventilating-Job Valuation 0 to$1,000 $30.00 $1,001 to$10,000 $30.00 1st$1,000 plus$1 60 for each add'I$100 or fraction thereof,to and including$10,060. $10,001 to$50,000 $174.00 lst$10,000 plus$13.25 for each add'i$1,000 or fraction thereof,to and including$50,000. $50,001 and up $704.00 1st$50,000 plus$10.60 for each additional$1,000 or fraction thereof. 11 2005 Fee Resolution Service Fee Description Heating&Ventilating-Other Gas Piping $8.00 Each opening Reinspection $47.00 Double fee All work started without a permit Moving a Building Moving a building $250.00 $1,000 deposit each from the owners of the building and building mover. Moving a garage only $50.00 $1,000 deposit each from the owners of the building and building mover. Plumbing-Job Valuation Residential Appliance Only- $15.00 Minimum 5%Labor Cost $0-$1,000 $30.00 Minimum $1,001-$10,000 $30.00 1st$1,000 plus 2.25%for amount over$1,000 to&including$10,000 $10,001&up $232.50 1st$10,000 plus 2%for amount over$10,000 For each openings on gas $10.00 Inside change over-sewer, $15.06 • water or both Meter inspection $15,00 Municipal sewer $15.00 per 100 feet Municipal water $15..00 per 100 feet Storm Sewer&sub soil $15.00 per 100 feet drains Sewage disposal $150..00 Plumbing-Other Inspections&Fees Reinspection fee $47.00 Each 12 2005 Fee Resolution Service Fee Description Investigation fee-all work $47.00 Each started without a permit Septic System Pumping $20.00 System Access Charges-Utility Charges For Metro sanitary sewer as established by the Metropolitan Waste Commission System Access Charges-Utility Charges Sanitary Sewer Residential $520.00 PerR.E C. Industrial, Public, Office $695,00 Per Metro SAC Commercial $1,270.00 Per Metro SAC System Access Charges-Utility Charges Water Residential $2,190.00 Per R.E.C. Industrial,Public,Office $2,630.00 Per Metro SAC Commercial $3,470.00 Per Metro SAC Water/Sewer Connection $14,620.00 A connection fee of$14,620 per single unit is applicable if the property has not participated in the cost of the utilities by other methods 13 2005 Fee Resolution Service Fee Description Development Community Development Deposit 0 to 40 acres $3,300.00 A development deposit agreement is required for planned unit developments,planned unit development amendments, rezoning,platting,site plan review,guide plan changes and environmental assessment worksheets. 41 to 80 acres $3,600..00 81+acres $4,100.00 Guide Plan Charge $555.00 Plus$5.00 per acre Planned Unit Development(P.U.D.)Fee $610.00 Plus$5.00 per acre Planned Unit Development Amendment $610.00 Plus$5.00 per acre Platting Residential-0 to 10 units $400.00 Pius$5.00 per unit Residential-11 or more $510.00 Plus$5,00 per unit Commercial,Industrial, $400.00 Plus$25 00 per acre Office,Public-0 to 3 acres Commercial,Industrial, $510.00 Plus$25.00 per acre Office,Public-3.1 or more acres Site Plan Review Administrative $275.00 Site Plan Review(City Council) Multi-Family-0 to 10 units $390.00 Plus$5.00 per unit Multi-Family-11 or more units $490.00 Plus$5 00 per unit Commercial,Industrial, $390.00 Plus$25.00 per acre Office,Public-0 to 3 acres 14 2005 Fee Resolution Service Fee Description Commercial,Industrial, $500.00 Plus$25.00 per acre Office,Public-3.1 or more acres 15 2005 Fee Resolution Service Fee Description Zoning Commercial,Industrial,Office,Public 0-3 acres $400.00 Plus$25,00 per acre 31 or more acres $500.00 Plus$25.00 per acre Residential 0-10 units $400,00 Plus$5.00 per unit 11 or more units $500.00 Plus$5,00 per unit Shoreland Management Ordinance Permits Temporary structure in $60.00 public waters Change In structure in public $60.00 waters Multiple dock or dock excess $60.00 of 75' Zoning Amendment and Zoning Appeal(Appeal to Board of'Adjustments and Appeals) Zoning amendment $215.00 Variances Residential $295,00 Includes residential zoned properties for new construction, building additions,decks, porches,garages,accessory structures and variances from all chapters of the City Code Variances Other $480.00 Includes variances associated with properties zoned office, Industrial,commercial and residential Variances Building or Fire $220.00 Code Appeal 16 2005 Fee Resolution Service Fee Description Zoning-Telecommunications Commercial Wireless Communications towers and/or antennas Administrative $250.00 Towers and/or antennas meeting code located on private property Letter of intent $2,000..00 Non-refundable Towers and/or antennas on City properly Letter of Intent $1,000.00 Deposit for Iegailconsuilant costs Additional funds may be required If the balance in the deposit account is inadequate la pay for all of the fees and costs incurred by Variances required for tower See Development Fees and/or antennas Site Plan Review required See Development Fees for tower and/or antennas 17 2005 Fee Resolution Service Fee Description Community Center 9.Annual Memberships-Resident Youth(18&under) $110,.00 A residents either lives or works In Eden Prairie.Valid for 12 months from date of purchase Adult(19-61) $185.00 Senior(62&over) $110.00 Senior citizens receive 25% Senior Citizens are not required to off the cost of all Individual have a membership at the Communtiy Comm.Center recreation Center in order to receive the 25% programs offered by the City discount on Community Center of EP to include:lessons, Recreation Programs classes,open swim,open skate,racquetball,and the fitness center. Senior Household $130,00 Household $265,00 2.Annual Memberships-Non-Resident Youth(18&under) $135.00 Adult(19-61) $240,00 Senior(62&over) $140.00 Senior Household $170,00 Household $340.00 3.Three Month Memberships-Resident Youth(18&under) $40,00 Adult(19-61) $65.00 Senior(62&over) $40.00 Senior Household $45.00 Household $95.00 18 2005 Fee Resolution Service Fee Description 4.Three Month Memberships-Non-Resident Youth(18&under) $50.00 Adult(19-61) $85.00 Senior(62&over) $50.00 Senior Household $50.00 Household $120.00 5.Corporate Memberships $750.00 Five adult memberships Or$150.00 per adult with a To be eligible a company must be minimum of live located in EP Equipment Rental Free to Eden Prairie non profit service organization groups. Flip Chart $10.00 Per chart ice Skates $1.50 Per pair Overhead Projector $15.00 Per use Projector Screen $10.00 Per use Racquetball Racquets $2.00 Per racquet TVNCR Cabinet $15.00 Per use Fitness Center Non-member individual use $5.00 Per use Members free Must be age 14 and up to use Fitness Center Rental of entire space $50.00 Per hour Individual Open Swim Tot(ages 4&under) $2.00 Non Member Members free Children under the age of 7 must be accompanied by an adult in the Youth(ages 5 to 18) $3.00 Non Member Members free Adult(ages 19 to 61) $3..50 Non Member Members free 19 2005 Fee Resolution Service Fee Description Senior(62&over) $3.00 Non Member Members free Family $10.00 Non Member Members free Maximum of four family members Lifeguards $13.00 Per hour Lifeguards must be added as follows at the rate of$13ihour One to 50 swimmers Second lifeguard required 51-100 swimmers Third lifeguard required 101 or greater Additional lifeguards will be determined by management depending on group size and age Lockers There is no charge,but members/guests must provide their own lock Special ice Rates-Individual open skate Tot(ages 4&under) $2.00 Non Members Members free Youth(ages 5 to 16) $3.00 Non Members Members free Adults(ages 19 to 61) $3.50 Non Members Members free Senior(62&over) $3.00 Non Members Members free Family $10.00 Non Members Members free Maximum of four family members Special Ice Rates-School District 272 Physical Ed classes $55.00 Per Hour 50%of non-prime time rate Hockey Games Prime time rate Personnel required to run the City keeps the gate minus ice time games supplied by others and personal costs Special Pool Rates EP School Dist 272- Based on prime time rate for 5,490 physical ed classes total square feet Lifeguard training class with $95.00 Per student($1,000 minimum) When course is conducted by EP School Phy Ed Dept City Staff Swim Meets $57.00 Per hour 20 2005 Fee Resolution Service Fee Description Community Center-Policy of Group Rate& Liabilities Group Rentals Tot(ages 4&under) $2.00 Groups of 30 or greater will be Groups of 100 or greater will charged the following for open be charged the following with swim or open skate fees with room or without room rental. rental. Youth(ages 5 to 18) $3.00 Adult(ages 19-61) $3,00 Senior(ages 62&over) $2 00 Family $9.00 Maximum of 4 family members Lock-In-19 p.m.to 5:30 a.m. Lock-in groups will be Supervision will be at the discretion charged an additional$1 per of the Community Center person for groups greater management This will be based on than 150. Personal costs the number of people to be using the above staled rates include center,as well as the age and type one building supervisor, of group. Fitness Center $50.00 Per hour Ice Rental $60.00 Per hour Minimum charge of two hours Individual Room Use-Room C $20.00 Per hour Lifeguards $13.00 Per hour 1 to 50 padllcipants-2 100 plus participants-4 lifeguards lifeguards required required Additional lifeguards 51 to 100 participants-3 determined by management lifeguards required depending on group size and ages. Pool Rental $42.00 Per hour Two hour minimum plus $13.00/hr per lifeguard Racquetball courts-3 per $40.00 Per hour Minimum charge of two hours Each court$15 hour for Individual use hour Room Rental-Meeting $200..00 Maximum Rooms C 21 2005 Fee Resolution Service Fee Description Oak Point Pool Oak Point Pool Rental-Lifeguards(Pool Rental in Addition to These Fees) Small Slide Pool rental only $39.00 Per hour for three lifeguards Requires a minimum of three Additional lifeguards will be lifeguards determined by management depending on group size and age Large Pool rental only $26.00 Per hour for two lifeguards Requires a minimum of 2 Based on non-holiday hours lifeguards Rental of entire pool facility $65.00 Per hour for five lifeguards Requires a minimum of 5 lifeguards 22 2005 Fee Resolution Service Fee Description Beaches Boat&Marina Rental Canoe Rack Storage $45.00 Per Rack Per Season 23 2005 Fee Resolution Service Fee Description Special Events Use of City Sound System of Staring Lk Amphitheatre Rental Rate $50.00 Per hour Minimum of 2 hours Requires audio technician and City sound equipment,when sound equipment is needed Audio Technician $30.00 Per hour When required to monitor sound 24 2005 Fee Resolution Service Fee Description Organized Athletics Adult League Play (Non youth sport teams) $22.00 per game Balllleld Tournaments Ballfield reservations are limited to Groups will be provided with EP non-profit public service hang drags,rakes and lines groups for weekend tournaments with a$100 deposit.The at no charge. fields will be dragged at the start of each day,however,if the group requests the City to provide field maintenance the cost will be: State,Regional,and $85.00 Per day,per field National Tournaments Other youth and adult $85.00 Per day,per field tournaments Additional charge when $5.00 Per day,per field lights are used For new soccer field for $150.00 Per field set-up tournament Clinics and Camps $35.00 per field,per day 25 2005 Fee Resolution Service Fee Description Pleasant Hill Cemetery Ground Thawing:November 1-April 1 Casket Burial $50.00 Cremation Burial $25.00 Internment Casket burials $200,00 Vault size 12 inches by 24 inches Casket burials $225.00 Vault size 12 Inches by 36 inches Casket burials $300.00 Vault size 36 inches by 60 inches Casket burials $350.00 Vault size 48 inches by 96 Inches Cremation burials $150.00 Urn size 8 inches and under Cremation burials $175.04 Urn size 8 Inches to 12 inches Cremation burials $200.00 Urn size 12 inches to 16 inches Lot Resident $400.00 20%Perpetual Care&80% Maintenance Non-resident $600.00 Set Grave Markers Single $100.00 Double $150.00 26 2005 Fee Resolution Service Fee Description Community Garden Plots 20 foot by 30 foot plot Residents only $25-00 Senior citizen discount$10.00 20 foot by 60 foot plot Residents only $50.00 Senior citizen discount$10.00 27 2005 Fee Resolution Service Fee Description Police Bicycle License $10.00 Data Processing Duplicating,audio recording $10.00 Duplicating,documentation $0.25 Per standard page Standard reports $20.00 Non-standard report $50..00 Per hour Minimum charge is one hour Dogs Impounding $30..00 1st Offense Year Impounding $50.00 2nd Offense Year Impounding $100.00 3rd Offense Year Boarding $11.00 Daily Euthanasia $30.00 False alarm fee 4th false alarm $100.00 Each user is allowed three false alarms per calendar year without penalty 5th false alarm $200..00 6th&up false alarm $300..00 Hunting&Trapping Landowner $0.00 free Resident $5.00 Non-resident $10.00 Other Photograph,other $10.0D Plus actual cost • 28 2005 Fee Resolution Service Fee Description Postage $0.00 Actual cost Pawn Shops Annual fee $10,000.00 Investigation fee $1,500.00 An investigation fee not to exceed $1,500 shall be charged by the City if the investigation is conducted within the State,or the actual cost not to exceed$10,000 without prior written approval if the investigation is required outside the State Photograph,booking Standard $20.00 Digital image $10.00 Police officer supplemental employment $40.00 Per hour Minimum charge is three hours Radio Service Radio Maintenance $6.00 Monthly Mobile Radio Radio Maintenance $78..00 Annual Mobile Radio Radio Maintenance $6..00 Monthly Portable Radio Radio Maintenance $72.00 Annual Portable Radio Radio Maintenance $5.00 Monthly Telemetry Radio Radio Maintenance $50..00 Annual Telemetry Radio Radio Maintenance $5.00 Monthly Telemetry Interface Radio Maintenance $60.00 Annual Telemetry Interface Labor Charges $50.00 Regular hours Installation Labor Charges $75.00 NlghtslWeekends installation Labor Charges $50.00 Regular hours Non-included services 29 2005 Fee Resolution Service Fee Description Labor Charges $75.00 Nights/Weekends Non-included services Reports Non-resident $3.00 First two pages Non-resident $0.25 Additional pages Resident $0.00 Free to residents Transcribe,Audio Tape $25.00 Per hour Minimum charge is one hour 30 2005 Fee Resolution Service Fee Description Fire Engin Company $15D.00 Hour Fees will be imposed on any response in which the victim is not an Eden Prairie taxpayer Ladder Company $200.00 Hour Rescue,Grass Rig,or $100.00 Hour Rescue Boat Specialized Personnel Chief $50.0D Hour Officer,Investigator Toolsfsupplies used At cost Firefighter supplemental $35.00 Per 3 hour block Minimum charge of three hours employment 31 2005 Fee Resolution Service Fee Description Engineering Environmental Assessment Worksheet(E.A.W.) $300.00 Plus$5,00 acre Excavation&Grading-Grading Permit Fee 101 to 1,000 cubic yards $41.00 1st 100 cubic yards plus$19.50 for each add'i 100 cubic yards or fraction thereof 1,001 to 10,000 cubic yards $216..00 1st 1,000 cubic yards plus$16.50 for each addl 1,000 cubic yards or fraction thereof 10,001 to 100,000 cubic $366.00 1st 10,000 cubic yards,plus$74 yards for each add'I 10,000 cubic yards or fraction thereof 100,001 or more $1,031.00 1st 100,000 cubic yards,plus $41.00 for each add'I 10,000 cubic yards or fraction thereof Additional plan review fees $33.00 Per hour' Minimum charge is one half Required by changes,additions,or hour revisions to approve plans Inspections outside normal $56.00 Per hour' Minimum charge is two hours business hours Reinspection fee $56.00 Each inspection for which no fee is $56.00 Per hour' Minimum charge is one half specifically indicated hour Additional plan review $56.00 Per hour" Minimum charge is one half required for changes, hour additions,or revisions to approved plans Tr the total hourly cost to the jurisdiction,whichever is the greatest.This cost shall include supervision, overhead,equipment,hourly wages and fringe benefits of the employees involved. Excavation&Grading-Plan Checking Fee 101 tot 000 cubic yds $41.00 1,001 to 10,000 cubic yds $55.00 32 2005 Fee Resolution Service Fee Description 10,001 to 100,000 cubic yds $55..00 1st 10,000 cubic yards,plus$28 for each add'I 10,000 cubic yards or fraction thereof 100,001 to 200,000 cubic yds $307.00 1st 100,000 cubic yards,plus$15 for each add'110,000 cubic yards or fraction thereof 200,001 cubic yards or more $457.00 1st 200,000 cubic yards,plus $8,00 for each add 110,000 cubic yards or fraction thereof Additional plan review fees $33.00 Per hour Minimum charge is one half Required by changes,additions,or hour revisions to approve plans Permit for Right-of-way excavations Mainline Utility and $18.00 Per/100 L.F Telecommunication Installations Repair or Service $24.00 Turf Area Repair or Service $59.00 Pavement Area Residential Driveway $24.00 Commercial Driveway $59.00 All other Excavations $24.00 Turf Area All other Excavations $59.00 Pavement Area Pubiic Right-Of-Way or Easement Vacation Application Fee $255.00 Per transaction For vacating the City's interest in real property,including right-of-way and easements (for consultation,review, notice mailing,publication of notice and recording) Signs Up to 30 sq ft in size $60..00 31 sq ft through 50 sq ft in size $80..00 51 sq ft through 80 sq ft in size $100.00 33 2005 Fee Resolution Service Fee Description 81 sq ft or over $125.00 Charge for returning picked $10.00 up signs The surface of double or multi- faced signs shall be combined for the purpose of determining the amount of the fee Special Assessment Searches Non-resident $16.50 Per parcel No charge for Eden Prairie residents on searches of their homesteaded property Street Signs 9 Button Delineator-Red $122,00 Ind breakaway post&Install 9 Button Delineator-Red $102.00 Ind post&install Future Road Extension $236.00 Ind 2 posts&install 36'x 30" Advisory Keep Right Symbol $122.00 Inc19 button delin-Yellow,no post Keep Right Symbol $146.00 Inc!9 button delin-Yellow,install, post Keep Right Symbol $169.00 Ind 9 button delin-Yellow,install& breakaway post No Outlet $112.00 Ind post&install 24'x 24' No Parking $127.00 Inc!post&install Used for Turn-Around Stop Sign $122.00 Ind brackets,install,no post 30'x 30' Stop Sign $146.00 Inci brackets,install,with post 30'x 30' Street Name Sign $202.00 Inci Install w/12'post 6'x 6' Street Name Sign $226.00 Ind Install w112'post 6'x 9' Street Name Sign $243.00 Ind install w112'post 9'x 9' 34 2005 Fee Resolution Service Fee Description Temporary Street Name Sign $150.00 Plus 15%surcharge for maintenance until permanent signs in place Weight Restrictions Truck overweight permit fee $32.00 Per trip 35 2005 Fee Resolution Service Fee Description Engineering-Land Development Services For consultants,utility and street plans and specifications,general and final inspections of improvements and special assessment division. Final Plan Review,Contract Administration,and inspection Review 5%multiplied by the total Not applicable to projects Cost include public infrastructure construction cost built by City through special improvements(excluding grading assessment costs),subject to approval by the City Engineer payable prior to start-up Final Plat Residential $50.00 Per unit Minimum$310 Plus cost of review by special consultants necessary as determined by the City Manager.Deposit required Paid prior to release of Plat Commercial,Industrial, $122.00 Per acre Minimum$310 Office and Public Administrative Land Division $55.00 LGU Review Min.payment Is$250 Plus $75.00 An hour cost of review by special consultants necessary as determined by the City Manager Deposit required. Payment is due after completion of site review activities,plan review and/or prior to release of plat. LGU Deposit-Plan Review An LGU deposit agreement $3,000.00 is required for wetland alteration,wetland replacement,wetland restoration and/or wetland bank plan reviews. LGU Deposit-Site Review An LGU deposit agreement $1,000.00 is required for site review and/or wetland delineation review 36 2005 Fee Resolution Service Fee Description Street Lighting Fee For new subdivisions Charged at prevailing NSP rates and collected for 36 months at time of final plat 37 2005 Fee Resolution Service Fee Description • Utilities Fire Hydrant Use/Meter for Construction and Irrigation Permit $30.00 Fire Hydrant damage $200.00 Applied to the final bill 3'meter deposit $400.00 Refundable All other meter deposits $100.00 Refundable Lawn Irrigation Restrictions $25.00 First occurrence Surcharges for non- compliance with lawn irrigation restrictions and prohibitions $50.00 Second occurrence Surcharges for non- compliance with lawn irrigation restrictions and prohibitions $100.00 Third occurrence Surcharges for non- compliance with lawn irrigation restrictions and prohibitions $200.00 Fourth occurrence Surcharges for non- compliance with lawn Irrigation restrictions and prohibitions $300.00 Fifth&subsequent occurrences Surcharges for non- within a two year period compliance with lawn irrigation restrictions and prohibitions New Construction Coiiform Bacteria Resampiing T&M-Based on actual laboratory costs,employee time and utility truck rental rates.These costs are above and beyond the initial sampling costs and are directed at projects that has multiple failures New Construction Mechanical Reinspections T&M-Directed at projects that require multiple visits to complete initial inspection Same criteria as conform resampling 38 2005 Fee Resolution Service Fee Description Storm Drainage Land Use Quarterly Fee Single-Family Homes $3.00 Each Multi-family/Apartments $29.70 Acre Industrial $29.70 Acre Commercial/office $38.07 Acre Institutions $33.65 Acre Airport/Landfill $7.38 Acre Undeveloped Land $10.00 Each User Charges Sanitary Sewer $1.95 Per 1,000 gallons Subject to minimum of 4,000 Penalty for billed charges:1%per gallons per quarter per RE.0 month on account not paid within 30 days of billing Water $1.30 Per 1,000 gallons Subject to minimum of 4,000 • gallons per quarter per RE.C. A residential equivalent The min.monthly use charge for uses connection(REC.)is one other than residential shall be the dwelling unit same as 1 R.E.0 Each R.E C.will be billed: $12.50 Per quarter Fixed charges are billed on the $6 25 fixed charge for water greater of the number of R.E.C.'s on and$6.25 fixed charge for connections sewer Unmetered residential sewer $25.00 only use charges$26 per quarter per R E.G.plus a $6•25 fixed charge Administrative Fee $40.00 Flat charge is added to the current balance due to obtain the total certified amount Water Conservation Surcharge Residential customers are subject to water conservation surcharge of$1.00 per 1,000 gallons for usage exceeding 150%of winter quarter use or 36,000 gallons per quarter,whichever is greater,not to exceed$100.00. 39 2005 Fee Resolution Service Fee Description Water Flow Test for 5/8"Meters $25.00 When consumption is challenged by a customer&the meter is accurate Water Service Turn On/Off $25.00 After Initial turn on,any non- emergency onfoff request by a commercial lending institution, government agency(HUD),or private property management service Water Softening 8 Filtering $0.00 No fee-State license required 40 Fee Resolution Facility Priority Rental Classifications: A. City Government - Any activity related to the operations of Eden Prairie's City Government including, but not limited to, City Council, Board and Commission meetings, City programs and events, City sponsored public meetings, as well as State and County related committees, including Minnesota's federal and state representatives. People Reaching Other People (PROP) shall be included as the City's non-profit social services/food shelf agency. This group will not be charged. B. Community Group I - Eden Prairie Athletic Associations, Eden Prairie Independent School District 272, public agencies and Eden Prairie based civic groups, religious organization, youth organization and other groups which contribute to the well being and betterment of the community. A civic, non-profit or resident group is considered Eden Prairie based, if it has at least 75% of its membership roster residing in the City. C. Community Group II - Eden Prairie based businesses and commercial organizations and Eden Prairie residents who wish to use the facilities for personal use, such as family gatherings, parties, etc. D. Non-Community Group Ill- Non-resident individuals and groups. Eden Prairie residents and businesses may not make reservations for non-Eden Prairie residents and businesses. City Rental Facilities: Amphitheatre-located at Staring Lake Park City Center- meeting rooms, conference rooms, a traditional training room, and the Council Chambers Community Center - ice arenas; standard size rink and Olympic size rink, meeting rooms, racquetball/Wally ball courts, and swimming pool Outdoor Center- located at Staring Lake Park Park Pavilions & Shelters - Round Lake Park Pavilion, Homeward Hills Park Shelter, Round Lake Park Shelter, Staring Lake Park Shelter, Miller Park Shelters, Nesbitt Park Shelter, Riley Lake Shelter, Purgatory Creek Recreation Area Shelter, and Crestwood Park Shelter. Senior Center - community room, meeting rooms, and the wood shop (available with supervision according to wood shop regulations) Warming Houses - located throughout the City 41 2005 Fee Resolution- Facilities Facility Facility Information Fee Group1 Fee Group2 Fee Group3 City Center& Community Meeting Rooms • All rooms must be vacated Standard room set up is included . by 10:00 p.m. The heritage in the fee. Additional setup . room is an official charges will be incurred for emergency shelter for the special room arrangements. ' City Center. Reservations $25.00 for the heritage room .may be rescheduled or (one quarter). $50.00 for the canceled in case of heritage room(half)and$100.00 emergency. Reservation for the heritage room(whole). • fees will be returned accordingly. Atrium I Conference Room Standard Conference=10;After $10.00 Hour $15.00 Hour $20.00 Hour 4:30-10p.m.;Mon-Fri;Limited availability;City priority Atrium II Conference Room Standard Conference=6;After $10.00 Hour $15.04 Hour $20.00 Hour 4:30-10p.m.;Mon-Fri;Limited availability;City priority Atrium Ill Conference Room Standard Conference=10;After $10.00 Hour $45.00 Hour $20.00 Hour 4:30-10p.m.;Mon-Fri;Limited availability;City priority Council Chamber Restricted Use;Standard set-up; $50.00 Hour-restricted $60.00 Hour- $75.00 Hour-restricted No food/beverages;AV use restricted use use Technician required,w/extra charge . Heritage Room(half) Maximum capacity=100 $25.00 Hour $35.00 Hour $45.00 Hour Heritage Room(one Limited Set-up;Maximum $15.00 Hour $25.00 Hour $35.00 Hour quarter) capacity=40 Heritage Room(whole) Maximum Capacity.=200 $40.00 Hour $50.00 Hour $75.00 Hour 42 2005 Fee Resolution- Facilities Facility Facility Information Fee Groups Fee Group2 Fee Group3 Lower Atrium Maximum capacity=100. $25.00 Hour $35.00 Hour $45,00 Hour Limited availability;After 4:30- • 10p.m.;Mon-Fri;w/special arrangements Prairie Room Standard conference=18;after $10.00 Hour Hour $20.00 Hour 4:30-10p.m.;Mon-Fri;Limited $15.00 availability;City priority Garden Room Garden Room $0.00 With meal $300.00 First 4 hours $400.00 First 4 hours service- Catering charge only Garden Room $0.00 With meal $50.00 Each $75.00 Each additional service- additional hour,plus Catering charge hour,plus catering charge only catering charge Community Center • Eden Prairie Associations Request must be submitted to will be charged$15.00/hr Community Center Manager or for team.parties/activities Customer Service • where food and beverages Representative a minimum of are provided as part of the two weeks prior to requested activity.'Group I will still be date. Times and dates must not charged$5.00/hr for all conflict with an existing program • other meetings. or activity. City programs have priority 43 2005 Fee Resolution- Facilities Faculty Facility Information • Fee Groupl Fee Group2 Fee Group3 Eden Prairie Athletic For Group 11 and Group 111, Associations receive one discounted meeting rooms are free meeting room use per avail.7:00 am to 3:00 pm,Tues month. to Thur. User group must • purchase room for minimum 30 hours. Each time block must be a minimum of 2 hours in length. Request must be submitted 2 weeks in advance Ice Arena-Rink#1 &Rink#2 Prime time:2-11 p.m.,Monday- $152.50 Hour Prime $152.50 Hour Prime $152.50 Hour Prime Time Friday,weekends,holiday,& Time(Jan 1 - Time(Jan 1- (Jan 1-Feb 29) non-school days;$50 deposit Feb 29) Feb 29) required with ice rental reservation • Ice Arena-Rink#1 &Rink#2 Prime time:2-11 p.m.,Monday- $145.00 Hour Prime $445.00 Hour Prime $145.00 Hour Prime Time • Friday,weekends,holiday,& Time(March 1- Time(March (March 1-June non-school days;$50 deposit June 13) 1-June 13) 13) required with Ice rental reservation Ice Arena-Rink#1 &Rink#2 Prime time:2-11 p.m.,Monday- • $125.00 Hour Prime time $125.00 Hour Prime $125.00 Hour Prime time Friday,weekends,holiday,& (June 14-Aug time(June (June 14-Aug 31) non-school days;$50 deposit 31) 14-Aug 31) required with Ice rental reservation Ice Arena-Rink#1 &Rink#2 Prime time:'2-11 p.m.,Monday- $145.00 Hour Prime $145.00 Hour Prime $145.00 Hour Prime Time Friday,weekends,holiday,& Time(Sept 1- Time(Sept (Sept 1 -Sept 30) non-school days;$50 deposit Sept 30) 1-Sept 30) required with ice rental • reservation • Ice Arena-Rink#1 &Rink#2 Prime time:2-11 p.m.,Monday- $152.50 Hour Prime $152.50 Hour Prime $152.50 Hour Prime Time Friday,weekends,holiday,& Time(Oct 1- Time(Oct 1- (Oct 1 -Dec 31) non-school days;$50 deposit Dec 31) Dec 31) required with ice rental reservation • • 44 2005 Fee Resolution- Facilities Facility Facility Information Fee Groupl Fee Group2 Fee Group3 Ice Arena-Rink#1 &Rink#2 Non-prime time:before 2 p.m. $110.00 Hour Non-prime .$110.00 Hour Non- $110.00 Hour Non-prime and after 11 p.m.,Monday- time prime time time Friday;$50 deposit required with ice rental reservation Ice Arena-Rink#1 &Rink#2 Summer Non-prime time: 11 p.m. $110.00 Hour Non-prime $110.00 Hour Non- $110.00 Hour Non-prime to 6 a.m. time(June 14- prime time time(June14- Aug31) (June 14- Aug31) Aug31) • Meeting Room-Upper 7:00 a.m.to 3:00 p.m.,Tues $0.00 No charge $5,00 Hour $10.00 Hour Lobby Discounted Group II through Thurs.User group must and III Rates: purchase room for minimum of 30-hour time block.Each time block must be a minimum of 2 hours to length. Request must be submitted to Community Center Manager or Customer. Service Represent Meeting Room C Discounted Group Rates $5.00 Hour $10.00 Hour $20.00 Hour Meeting Room C Eden Prairie Athletic $5.00 Hour $20.00 Hour $25.00 Hour • Associations receive one free meeting room use per month at • no charge Parking Permits for the August 9th-November 30th 2004 $200.00 $200.00. $200.00 2004/2005 School Year • Parking Permits for the December 1st-February 28th $150.00 $150.00 $150.00 2004/2005 School Year 2005 . Parking Permits for the March let-June 10th 2005 . $100.00 $100.00 $100.00 2004/2005 School Year Racquetball Free with membership $5.00 Hour per person $5.00 Hour per $5.00 Hour per person person 45 • • 2005*Fee Resolution- Facilities • Facility Facility Information Fee Groupl Fee Group2 Fee Group3 Swimming Pool - Capacity Prime Time:6 a.m.-5 p.m., • $57.00 Hour-Jan 1 to $57.00. Hour-Jan 1 $57.00 Hour-Jan 1 to 268 Monday-Saturday and noon-5 Dec 31 to Dec 31 Dec 31 p.m.on Sundays; Swimming Pool - Capacity Non-Prime Time:5-9 pm, • $47.00 Hour-Jan 1 to $47.00 Hour-Jan 1 $47.00 Hour-Jan 1 to 268 Monday-Sunday Dec 31 to Dec 31 Dec 31 Swimming Pool - Capacity Discount Rate:9-11 pm,Monday- $42.00 'Hour-Jan 1 to $42.00 Hour-Jan 1 $42.00 Hour-Jan 1 to 268 Sunday plus cost of lifeguards at Dec 31 to Dec 31 Dec 31 $13.00 per hour- • Wailyball Members no charge. Non- $15.00 Maximum per $15.00 Maximum per $15.00 Maximum per hour member-$5.00/Hour per person hour hour Oak Point Pool • • Lifeguards must be'added Additional lifeguards will be . as follows at the rate of determined by management . $13.00 an hour; small slide depending on group size and •pool rental only-minimum 3 age. • lifeguard's,large pool rental only-minimum of 2 lifeguards,rental of entire pool facility-minimum of 5 lifeguards Oak Point Pool Rental Prime-Time:6 a.m:5p.m., $56.50 Hour-Jan 1 to $56.50 Hour-Jan 1 $56.50 Hour-Jan 1 to Monday-Saturday;and noon-5 Dec 31 to Dec 31 Dec 31 p.m.Sunday • • Oak Point Pool Rental Non-Prime Tine 5-9p.m., $46.50 Hour-Jan 1 to $46.50 Hour-Jan 1 $46.50 Hour-Jan 1 to Monday-Sunday - Dec 31 to Dec 31 Dec 31 Oak Point Pool Rental Discount Rate:9-11 pm,Monday- $41.50• Hour-Jan 1 to $41.50 Hour-Jan 1 $41.50 Hour-Jan 1 to Sunday Dec 31 to Dec 31 Dec 31 • 46 2005 Fee Resolution- Facilities Facility Facility information Fee Group1 Fee Group2 Fee Group3 Sunday rentals require an For Sunday rental of the entire additional$31.50/hr. pool,an additional$55.00/hr.is maintenance fee for the. required. rental of 6 lanes of the pool. Park Facilities Rental All parks Free to Eden Prairie Non-Profit Service Organization Groups All parks $200 deposit required •All parks Eden Prairie School District. Programs Charged Only Direct Cost All parks No private group of over 300 will be allowed to reserve facilities at any park.(Maximum number at . Staring Park will be 150.) Crestwood Park Building $65.00 Full day $65.00 Full day $65.00 Full day Homeward Hills Shelter Maximum Capacity:100(60 $90.00 la day $90.00 1/2 day $90.00 1/2 day upstairs,40 downstairs) Homeward Hills Shelter $130.00 Full day $130.00 Full day $130.00 Full day Miller Park Shelter $65.00 Full day $65.00 Full day $65.00 Full day Nesbitt Park Shelter $65.00 Full day $65.00 Full day $65.00 Full day Outdoor Center Maximum Capacity:49;75 with $30.00 Hour-2 hour $30.00 Hour,2 hour. . $30.00 Hour,2 hour adjoining parkland minimum minimum minimum 47 2005 Fee Resolution- Facilities Facility Facility Information Fee Groupl Fee Group2 Fee Group3 Purgatory Creek Recreation '$120.00 1/2 day , $120.00 1/2 day $120.00 1/2 day Area Shelter . Purgatory Creek Recreation Maximum Capacity:150;Fees $180.00 Full day $180.00 Full day $180.00 Full day Area Shelter are the same as Riley Lake Shelter Riley Lake Barn Upper Loft Maximum Capacity:128;Fees $30.00 Hour-2 hour $30.00 Hour-2 hour $30.00 Hour-2 hour are the same as Outdoor Center minimum minimum minimum Riley Lake Shelter Maximum Capacity:200 $120.00 1/2 day $120.00 1/2 day $120.00 1/2 day Riley Lake Shelter. $180.00 Full day $180,00 Full day $180.00 Full day Round Lake Park Building Maximum Capacity:60 in facility; $90.00 1/2 day $90.00 1/2 day $90.00 1/2 day 150 with adjoining parkland Round Lake Park Building $130.00 Full day $130.00 Full day $130.00 Full day Round Lake Park Pavillion Maximum Capacity:75 in facility; $90.00 1/2 day $90.00 1/2 day $90.00 1/2 day 150 with adjoining parkland Round Lake Park Pavilion $130.00 Full day $130.00 Full day $130.00 Full day Staring Lake Park May-October;Maximum $50.00 Hour-2 hour $50.00 Hour;2 hour $50.00 Hour;2 hour Amphitheatre Capacity:400 minimum minimum minimum . Staring Lake Park Sound Equipment $20.00 Hour-2 hour $20.00 Per hour;2 $20.00 Per hour;2 hour • Amphitheatre minimum hour minimum minimum Staring Lake Park Sound Tech •$30.00 Hour-2 hour $30.00 Per hour;2 $30.00 Per hour;2 hour Amphitheatre minimum hour minimum minimum Staring Lake Park Shelter Maximum Capacity:75 in facility; $90.00 -1/2 day $90.00 1/2 day • $90.00 1/2 day 150 with adjoining parkland 48 2005 Fee Resolution- Facilities Facility Facility.Information Fee Groupl Fee Group2 Fee Group3 Staring Lake Park Shelter $130.00 Full day $130.00 Full day $130.00 Full day Warming Houses/ . Supervision required $10.00 Hour-2 hour $30.00 Hour-2 hour $30.00 Hour-2 hour December 15-March 1 minimum minimum- minimum- Includes Includes Attendant Attendant • Senior Center Senior Center Rental Maximum capacity approx.90 $25.00 Hour $25.00 Hour $25.00 Hour Community Room theatre style,5t)table seating with use of pool table and piano Senior Center Rental Approx.15 people with use of $15.00 Hour Hour $15.00 Hour Kitchen appliances $15.00 Senior Center Rental Approx.20 with use of big screen $10.00 Hour $10.00 Hour $10.00 Hour Lounge TV plus VCR/DVD Senior Center Rental Room Approx.40 people theater style, $15.00 Hour $15.00 Hour $15.00 Hour 201 25 to 30 table seating Senior Center Rental Room Approx.25 people theater style; $10.00 Hour $10.00 Hour $10.00 Hour 203 15 to 20 table seating Senior Center Rental Room Approx.10 to 15 $5.00 Hour $5.00 Hour $5.00 Hour 209 • • • • 49 Attachment A Permits from the Minnesota State Fire Code(MSFC)covered under the"miscellaneous"fee category on the fee resolution. Operational Permits Aerosol products.An operational permit is required to manufacture,store or handle an aggregate quantity of Level 2 or Level 3 aerosol products in excess of 500 pounds(227 kg)net weight. Amusement buildings.An operational permit is required to operate a special amusement building. Aviation facilities.An operational permit is required to use a Group H or Group S occupancy for aircraft servicing or repair and aircraft fuel-servicing vehicles,Additional permits required by other sections of this code include,but • are not limited to,hot work,hazardous materials and flammable or combustible finishes. Battery systems.A permit is required to install stationary lead-acid battery systems having a liquid capacity of more than 50 gallons(189 L). Carnivals and fairs.An operational permit is required to conduct a carnival or fair. Cellulose nitrate film.An operational permit is required to store,handle or use cellulose nitrate film in a Group A occupancy. Combustible dust-producing operations.An operational permit is required to operate a grain elevator,flour starch mill,feed mill,or a plant pulverizing aluminum,coal,cocoa,magnesium,spices or sugar,or other operations producing combustible dusts as defined in Chapter 2. Combustible fibers.An operational permit is required for the storage and handling of combustible fibers in quantities greater than 100 cubic feet(2.8 m3). Exception:A permit is not required for agricultural storage. Compressed gases.An operational permit is required for the storage,use or handling at normal temperature and • pressure(NTP)of compressed gases in excess of the amounts listed inTable 105.6.9. Exception:Vehicles equipped for and using compressed gas as a fuel for propelling the vehicle. Covered mall buildings.An operational permit is required for: • 1.The placement of retail fixtures and displays,concession equipment,displays of highly combustible goods and . similar items in the mall. • 2,The display of liquid-or gas-fired equipment in the mall. 3.The use of open-flame or flame-producing equipment in the mall. • • Cryogenic fluids.An operational permit is required to produce,store,transport on site,use,handle or dispense • ' cryogenic fluids in excess of the amounts listed in Table 105.6.11, Exception:Permits are not required for vehicles equipped for and using cryogenic fluids as a fuel for propelling the vehicle or for refrigerating the lading. Dry cleaning plants.An operational permit is required to engage in the business of dry cleaning or to change to a more hazardous cleaning solvent used in existing dry cleaning equipment. Exhibits and trade shows.An operational permit is required to operate exhibits and trade shows. • Explosives.An operational permit is required for the manufacture,storage,handling,sale or use of any quantity of explosive,explosive material,fireworks,.or pyrotechnic special effects within the scope of Chapter 33. Floor finishing.An operational permit is required for floor finishing or surfacing operations exceeding 350 square feet(33 mz)using Class I or Class II Iiquids. Fruit and crop ripening.An operational permit is required to operate a fruit,or crop-ripening facility or conduct a fruit-ripening process using ethylene gas. Fumigation and thermal insecticidal fogging.An operational permit is required to operate a business of fumigation or thermal insecticidal fogging and to maintain a room,vault or chamber in which a toxic or flammable fumigant is used. HPM facilities.An operational permit is required to store,handle or use hazardous production materials. High-piled storage.An operational permit is required to use a building or portion thereof as a high-piled storage area exceeding 500 square feet(46 mz). . Hotwork operations.An operational permit is required for hot work including,but not limited to: 1.Public exhibitions and demonstrations where hotwork is conducted. 50 2.Use of portable hotwork equipment inside a structure. Exception:Work that is conducted under a construction permit. 3,Fixed-site hotwork equipment such as welding booths. 4.Hotwork conducted within a hazardous fire area. 5.Application of roof coverings with the use of an open flame device. Industrial ovens.An operational permit is required for operation of industrial ovens regulated by Chapter 21. Lumber yards and woodworking plants.An operational permit is required for the storage or processing of lumber exceeding 100,000 board feet(8,333 fro)(236 ma). Liquid-or gas-fueled vehicles or equipment in assembly buildings.An operational permit is required to display, operate or demonstrate liquid-or gas-fueled vehicles or equipment in assembly buildings. Magnesium.An operational permit is required to melt,cast,heat treat or grind more than 10 pounds(4.54 kg)of magnesium. Miscellaneous combustible storage.An operational permit is required to store in any building or upon any premises in excess of 2,500 cubic feet(71m3)gross volume of combustible empty packing cases,boxes,barrels or similar containers,rubber tires,rubber,cork or similar combustible material. • Open burning.An operational permit is required for the kindling or maintaining of an open fire or a fire on any public street,alley,road,or other public or private ground.Instructions and stipulations of the permit shall be adhered to. Exception:Recreational fires. Open flames and candles.An operational permit is required to remove paint with a torch;use a torch or open flame device in a hazardous fire area;or to use open flames or candles in connection with assembly areas,dining areas of restaurants or drinking establishments, Organic coatings.An operational permit is required for any organic-coating manufacturing operation producing more than 1 gallon(4 L)of an organic coating in one day. Places of assembly.An operational permit is required to operate a place of assembly. Pyrotechnic special effects material.An operational permit is required for use and handling of pyrotechnic special effects material. Pyroxylin plastics.An operational permit is required for storage or handling of more than 25 pounds(11 kg)of cellulose nitrate(pyroxylin)plastics and for the assembly or manufacture of articles involving pyroxylin • plastics, Refrigeration equipment.An operational permit is required to operate a mechanical refrigeration unit or system • regulated by Chapter 6. Repair garages and service stations.An operational permit is required for operation of repair garages and automotive,marine and fleet service stations. • Rooftop heliports.An operational permit is required for the operation of a rooftop heliport, Spraying or dipping.An operational permit is required to conduct a spraying or dipping operation utilizing flammable or combustible Iiquids or the application of combustible powders regulated by Chapter 15, Storage of scrap tires and tire byproducts.An operational permit is required to establish,conduct or maintain storage of scrap tires and tire byproducts that exceeds 2,500 cubic feet(71rm)of total volume of scrap tires and for indoor storage of tires and tire byproducts. Temporary membrane structures,tents and canopies.An operational permit is required to operate an air- supported temporary membrane structure or a tent having an area in excess of 200 square feet(19 m2),or a canopy in excess of 400 square feet(37 an). Exceptions: 1.Tents used exclusively for recreational camping purposes. 2.Fabric canopies and awnings open on all sides which comply with all of the following: 2.1.Individual canopies shall have a maximum size of 700 square feet(65 nu). 2.2,The aggregate area of multiple canopies placed side by side without a fire break clearance of 12 feet(3658 mm) shall not exceed 700 square feet(65 m2)total. 2.3.A minimum clearance of 12 feet(3658 min)to structures and other tents shall be provided. Tire-rebuilding plants.An operational permit is required for the operation and maintenance of a tire rebuilding plant. 51 Waste handling.An operational permit is required for the operation of wrecking yards,junk yards and waste material-handling facilities.. Wood products.An operational permit is required to store chips,hogged material,lumber or plywood in excess of 200 cubic feet(6 m3). Construction Permits Compressed gases.When the compressed gases in use or storage exceed the amounts listed in Table 105.6.9,a construction permit is required to install,repair damage to,abandon,remove,place temporarily out of service,or close or substantially modify a compressed gas system. Exceptions: 1.Routine maintenance. 2.For emergency repair work performed on an emergency basis,application for permit shall be made within two working days of commencement of work. The permit applicant shall apply for approval to close storage,use or handling facilities at least 30 days prior to the termination of the storage,use or handling of compressed or liquefied gases.Such application shall include any change or alteration of the facility closure plan filed pursuant to Section 2701..5,3.The 30-day period is not applicable when approved based on special circumstances requiring such waiver. Flammable and combustible liquids.A construction permit is required: 1.To repair or modify a pipeline for the transportation of flammable or combustible liquids. 2.To install,construct or alter tank vehicles,equipment,tanks,plants,terminals,wells,fuel-dispensing stations, refineries,distilleries and similar facilities where flammable and combustible liquids are produced,processed, transported,stored,dispensed or used. 3.To alter,abandon,place temporarily out of service or otherwise dispose of a flammable or combustible liquid tank. Hazardous materials.A construction permit is required to install,repair damage to,abandon,remove,place temporarily out of service,or close or substantially modify a storage facility or other area regulated by Chapter 27 when the hazardous materials in use or storage exceed the amounts listed in Table 105.6.21. Exceptions: 1.Routine maintenance. 2.For emergency repair work performed on an emergency basis,application for permit shall be made within two working days of commencement of work. Industrial ovens.A construction permit is required for installation of industrial ovens covered by Chapter 21. • Exceptions: 1.Routine maintenance. 2.For repair work performed on an emergency basis,application for permit shall be made within two working days of commencement of work. LP-gas.A construction permit is required for installation of or modification to an LP-gas system. Spraying or dipping.A construction permit is required to install or modify a spray room,dip tank or booth. 52 Fees not stated in this Resolution may be set by the City Manager. All Resolutions of the City of Eden Prairie,Minnesota,relating to fees heretofore adopted are hereby repealed. ADOPTED by the City Council of Eden Prairie this_th day of December,2004,to be effective the 1st day of January,2005. Nancy Tyra-Lukens ATTEST: Kathleen Porta,City Clerk • • 53 2005 Proposed Changes to the Fee Resolution Service 2004 Fee 2005 Fee Description Building Inspections Building Permit-Valuation $1 to$500 $23.50 $25.00 $501 to$2,000 $23.50 $25.00 1st$500 plus$3.25 each add! $100 or fraction thereof,to& including$2,000 $2,001 to$25,000 $69.25 $73.75 1st$2,00D plus$14.75 each add! $1,000 or fraction thereof,to& including$25,000 $25,001 to$50,000 $391.75 S413.00 1st$25,000 plus$10.75 each addl$1,000 or fraction thereof,to &Including$50,000 $50,001 to$100,000 $643.75 $681.75 1st$50,000 plus$7.50 each add! $1,000 or fraction thereof,to& including$100,000 $100,001 to$500,000 $993.75 $1,055.75 1st$100,000 plus 6.00 each add'! $1,000 or fraction thereof,to& Including$500,000 $500,001 to$1,000,000 $3,233.75 $3,456.75 1st$500,000 plus$5.00 each addl$1,000 or fraction thereof,to &including$1,000,000 $1,000,001&up S5,608.75 $5,955.75 1st$1,000,000 plus$4.00 each addl$1,000 or fraction thereof Cash Park Fee Single Family Unit $2,800.00 $3,400.00 2005 Proposed Changes to the Fee Resolution Service 2004 Fee 2005 Fee Description All other residential $2,800.00 $3,400.00 Per unit Fire Prevention Permits LP gas,flammable& $75.00 $150.00 Per tank combustible liquid tank installation Heating&Ventilating-Job Valuation 0 to$1,000 $20.00 $30.00 $1,001 to$10,000 $20.00 $30.00 1st$1,000 plus$1.60 for each add'I$100 or fraction thereof,to and including$10,000. $10,001 to$50,000 $155.00 $174.00 1st$10,000 plus$13.25 for each add'l$1,000 or fraction thereof,to and including$50,000. $50,001 and up $655.00 $704.00 1st$50,000 plus$10.60 for each additional$1,000 or fraction thereof. Plumbing Barbecue $8.00 $0.00 Electric water heater $10.00 $0.00 Fixtures $10.00 $0.00 Each For extending water lines $10.00 $0.00 Gas stove $8.00 $0.00 2005 Proposed Changes to the Fee Resolution Service 2004 Fee 2005 Fee Description Incinerator $8.00 $0.00 New ground run for existing $10.00 $0.00 building Rough-in fixtures $10.00 $0.00 Setting fixtures on previous $10.00 $0.00 Siicocks $10.00 $0.00 Sump and receiving tank $10.00 $0.00 Washer openings $10.00 $0.00 Water treating device $10.00 S0.00 (softener) Plumbing-Job Valuation Residential Appliance Only- S0.00 $15.00 Minimum 5%Labor Cost $0-$1,000 $0.00 $30.00 Minimum $1,001-$10,000 $0.00 $30.00 1st$1,000 plus 2.25%for amount over$1,000 to&including$10,000 $10,001&up S0.00 $232.50 1st$10,000 plus 2%for amount over$10,000 For each openings on gas $8.00 $10.00 2005 Proposed Changes to the Fee Resolution Service 2004 Fee 2005 Fee Description Water/Sewer Connection $13,925.00 $14,620.00 A connection fee of$14,620 per single unit is applicable if the property has not participated in the cost of the utilities by other methods Development Community Development Deposit 0 to 40 acres $3,200.00 33,300.00 A development deposit agreement is required for planned unit developments,planned unit development amendments, rezoning,platting,site plan review,guide plan changes and environmental assessment worksheets. Guide Plan Charge S535.00 $555.00 Plus$5.00 per acre Planned Unit Development(P.U.D.)Fee $590.00 $610.00 Plus$5.00 per acre Planned Unit Development Amendment $590.00 S610.00 Plus$5.00 per acre Platting Residential-0 to 10 units $385.00 $400.00 Plus$5.00 per unit Residential-11 or more units $490.00 S510.00 Plus$5.00 per unit Commercial,Industrial, S385.00 S400.00 Plus$25.00 per acre Office,Public-0 to 3 acres 2005 Proposed Changes to the Fee Resolution Service 2004 Fee 2005 Fee Description Commercial,Industrial, $490.00 $510.00 Plus$25,00 per acre Office,Public-3.1 or more acres Site Plan Review Administrative $265.00 $275.00 Site Plan Review(City Council) Multi-Family-0 to 10 units $375.00 $390.00 Plus$5.00 per unit Multi-Family-11 or more $475.00 $490.00 Plus$5.00 per unit units Commercial,Industrial, $375.00 $390.00 Plus$25.00 per acre Office,Public-0 to 3 acres Commercial,Industrial, $480.00 S500.00 Plus$25.00 per acre Office,Public-3.1 or more acres Zoning Commercial,Industrial,Office,Public 0-3 acres S380.00 $400.00 Plus$25.00 per acre 3.1 or more acres $480.00 $500.00 Plus$25.00 per acre Residential 0-10 units $380.00 $400.00 Plus$5.00 per unit 11 or more units S480.00 $500.00 Plus$5.00 per unit 2005 Proposed Changes to the Fee Resolution Service 2004 Fee 2005 Fee Description Shoreland Management Ordinance Permits Temporary structure in $55.00 $60.00 public waters Change in structure in public $55.00 $60.00 waters Multiple dock or dock excess 555.00 $60.00 of 75' Zoning Amendment and Zoning Appeal(Appeal to Board of Adjustments and Appeals) Zoning amendment $210.00 5215.00 Variances Residential $285.00 $295.00 Includes residential zoned properties for new construction, building additions,decks,porches, garages,accessory structures and variances from all chapters of the City Code Variances Other $465.00 $480.00 Includes variances associated with properties zoned office, industrial,commercial and residential Variances Building or Fire $210.00 $220.00 Code Appeal Community Center 1.Annual Memberships-Resident Youth(18&under) $100.00 $110.00 A residents either lives or works in Eden Prairie.Valid for 12 months from date of purchase 2005 Proposed Changes to the Fee Resolution Service 2004 Fee 2005 Fee Description Adult(19-61) $170.00 $185.00 Senior(62&over) $100.00 $110.00 Senior citizens receive 25% Senior Citizens are not off the cost of all individual required to have a Comm.Center recreation membership at the programs offered by the City Communiiy Center in order of EP to include:lessons, to receive the 25%discount classes,open swim,open on Community Center skate,racquetball,and the Recreation Programs fitness center. Senior Household $120.00 $130.00 Household $240.00 $265.00 2.Annual Memberships-Non-Resident Youth(18&under) $125.00 $135.00 Adult(19-61) $220.00 $240.00 Senior(62&over) $125.00 $140.00 Senior Household $155.00 $170.00 Household $310.00 $340.00 3.Three Month Memberships-Resident Youth(18&under) $0.00 $40.00 Adult(19-61) $0.00 $65.00 Senior(62&over) $0.00 $40.00 2005 Proposed Changes to the Fee Resolution Service 2004 Fee 2005 Fee Description Senior Household $0.00 $45.00 Household $0.00 $95.00 4.Three Month Memberships-Non-Resident Youth(18&under) $0.00 S50.00 Adult(19-61) $0.00 $85.00 Senior(62&over) $0.00 $50.00 Senior Household S0.00 $50.00 Household S0.00 5120.00 Fitness Center Non-member individual use $3.50 $5.00 Per use Members free Must be age 14 and up to use Fitness Center Community Center-Policy of Group Rate& Liabilities Lock-In-11 p.m.to 5:30 a.m. Individual Room Use- $15.00 $0.00 Per hour Rooms A or B Senior Center Building Aide Building Aide $10.00 $0.00 Per hour Minimum of 2 hours A building aide is required for all non-regular scheduled building hours. 2005 Proposed Changes to the Fee Resolution Service 2004 Fee 2005 Fee Description Police Dogs Boarding $10.00 Si 1.00 Daily Engineering Excavation&Grading-Grading Permit Fee 101 to 1,000 cubic yards $40.00 $41.00 1st 100 cubic yards plus$19.50 for each add!100 cubic yards or fraction thereof 1,001 to 10,000 cubic yards $211.00 $216.00 1st 1,000 cubic yards plus$16.50 for each add'I 1,000 cubic yards or fraction thereof 10,001 to 100,000 cubic $355.00 $365.00 1st 10,000 cubic yards,plus$74 yards for each add'I 10,00D cubic yards or fraction thereof 100,001 or more 51,003.00 $1,031.00 1st 100,000 cubic yards,plus $41.00 for each add'I 10,000 cubic yards or fraction thereof Inspections outside normal $55.00 $56.00 Per hour* Minimum charge is two hours business hours Additional plan review fees s32.00 $33.00 Per hour* Minimum charge is one half Required by changes, hour additions,or revisions to approve plans Reinspection fee $55.00 $56.00 Each Inspection for which no fee $55.00 $56.00 Per hour* Minimum charge is one half is specifically indicated hour 2005 Proposed Changes to the Fee Resolution Service 2004 Fee 2005 Fee Description Additional plan review $55.00 $56.00 Per hour* Minimum charge is one half required for changes, hour additions,or revisions to approved plans Excavation&Grading-Plan Checking Fee 101 to1,000 cubic yds $40.00 $41.00 1,001 to 10,000 cubic yds $54.00 $55.00 10,001 to 100,000 cubic yds $54.00 $55.00 1st 10,000 cubic yards,plus$28 for each add'I 10,000 cubic yards or fraction thereof 100,001 to 200,000 cubic yds $297.00 $307.00 1st 100,000 cubic yards,plus$15 for each add'110,000 cubic yards or fraction thereof 200,001 cubic yards or more $437.00 $457.00 let 200,000 cubic yards,plus $8.00 for each add'I 10,000 cubic yards or fraction thereof Additional plan review fees S32.00 $33.00 Per hour Minimum charge is one half Required by changes, hour additions,or revisions to approve plans Permit for Right-of-way excavations Mainline Utility and $17.50 $18.00 Per/100 LF Telecommunication Installations Repairer Service Excavation $23.50 $24.00 Turf Area Repair or Service Excavation $58.00 $59.00 Pavement Area 2005 Proposed Changes to the Fee Resolution Service 2004 Fee 2005 Fee Description Residential Driveway $23.50 $24.00 Commercial Driveway $58.00 S59.00 All other Excavations $23.50 S24.00 Turf Area All other Excavations $58.00 S59.00 Pavement Area Public Right-Of-Way or Easement Vacation Application Fee S250.00 S255.00 Per transaction For vacating the City's interest in real property, Including right-of-way and easements(for consultation, review,notice mailing, publication of notice and recording) Weight Restrictions Truck overweight permit fee $31.00 $32.00 Per trip Engineering-Land Development Services Final Flat Residential $49.00 S50.00 Per unit Minimum$310 Plus cost of review by special consultants necessary as determined by the City Manager. Deposit required. Paid prior to release of Plat Commercial,Industrial, 5118.00 S122.00 Per acre Minimum$310 Office and Public Administrative Land Division S63.00 S65.00 o V catu v o k it E 0) 0 E ar ■— o o. G.1 N 03 O(I) W 0) 0) C �` O W P rn o o u T 4.0 as CD a an ua in 0 C N N ILN o 0 +, N 0^ 0 1.0 0 V L V w d d 0 U1 iv N = a 2005 Proposed Changes to the Fee Resolution - Facilitites Facility Facility Information Group 12004 2005 Group II 2004 2005 Group iII 2004 2005 Community Center ice Arena-Rink#1& Prime time:2-11 p.m.,Monday-Friday, 5150.00 $152.50 Hour Prime Time(Jan $150.00 $152.50 Hour Prime Time(Jan $150.00 $152.50 Hour Prime Time(Jan Rink#2 weekends,holiday,&non-school days; 1-Feb 29) 1-Feb 29) 1-Feb 20) $50 deposit required with ice rental reservation Ice Arena-Rink#1& Prime time:2-11 p.m.,Monday-Friday, $150.00 $152.50 Hour Prime Time(Oct 1- S150.00 $152.50 Hour Prime Time(Oct 1- $150.00 $152.50 Hour Prime Time(Oct 1- Rink#2 weekends,holiday,&non-school days; Dec 31) Dec 31) Dec 31) $50 deposit required with ice rental reservation Meeting Room A Discounted Group Rates $5.00 $0.00 Hour $10.00 $0.00 Hour $17.50 $0.00 Hour Meeting Room 8 Discounted Group Rates $5.00 50.00 Hour $10.00 $0.00 Hour S17.50 $0.00 Hour Meeting Room C Discounted Group Rates $5.00 $5.00 Hour $15.00 $10.00 Hour $20.00 $20.00 Hour Meeting Room C 55.00 $0.00 Hour $20.00 $0.00 Hour $25.00 $0.00 Hour Meeting Room C Discounted Group Rates $5.00 $0.00 Hour $15.00 $0.00 Hour $20.00 $0.00 Hour Meeting Room C Eden Prairie Athletic Associations $5.00 $5.00 Hour $15.00 $20.00 Hour $20.00 $25.00 Hour receive one free meeting room use per month at no charge Parking Permits for the August 9th-November 30th 2004 $0.00 $200.00 $0.00 $200.00 $0.00 $200.00 2004/2005 School Year Parking Permits for the December 1st-February 25th 2005 $0.00 5150.00 $0.00 $150.00 $0.00 $150.00 2004/2005 School Year Parking Permits for the March let-June 10th 2005 $0.00 S100.00 50.00 $100.00 $0.00 S100.00 2004/2005 School Year Park Facilities Rental Purgatory Creek $0.00 $120.00 1/2 day $0.00 $120.00 1/2 day $0.00 $120.00 1/2 day Recreation Area Shelter 2005 Proposed Changes to the Fee Resolution - Facilitites Facility Facility Information Group 12004 2005 Group(I 2004 2005 Group III 2004 2005 Purgatory Creek Maximum Capacity:150;Fees are the $D.00 $180.00 Full day $0.00 $180.00 Full day $0.00 $180.00 Full day Recreation Area Shelter same as Riley Lake Shelter Riley Lake Barn Upper Maximum Capacity:128;Fees are the $0.00 $30.00 Hour-2 hour minimum $0.00 $30.00 Hour-2 hour minimum $0.00 $30.00 Hour-2 hour minimum Loft same as Outdoor Center Staring Lake Park Sound Equipment $0.00 $20.00 Hour-2 hour minimum $0.00 $20.00 Per hour;2 hour minimum $0.00 $20.00 Per hour;2 hour minimum Amphitheatre Staring Lake Park Sound Tech $0.00 $30.00 Hour-2 hour minimum $0.00 $30.00 Per hour;2 hour minimum $0.00 $30.00 Per hour;2 hour minimum Amphitheatre Senior Center Senior Center Rental Maximum capacity approx.90 theatre $25.00 525.00 Hour $35.00 525.00 Hour $45.00 $25.00 Hour Community Room style.50 table sealing with use of pool table and piano Senior Center Rental $70.00 $0.00 Hour $80.00 50.00 Hour $100.00 $0.00 Hour Entire Building Senior Center Rental $50.00 $0.00 Hour S60.00 $0.00 Hour $75.0D $0.00 Hour Entire Lower Level Senior Center Rental $25.00 $0.00 Hour $35.00 $0.00 Hour $50.00 $0.00 Hour Entire Upper Level Senior Center Rental Approx.15 people with use of $25.00 $15.00 Hour $30.00 $15.00 Hour $40.00 $15.00 Hour Kitchen appliances Senior Center Rental Approx.20 with use of big screen TV $10.00 $10.00 Hour $15.0D $10.0D Hour $20.00 $10.00 Hour Lounge plus VCRIDVD Senior Center Rental Approx.40 people theater style,25 to $15.00 $15.00 Hour $20.00 $15.00 Hour $35.00 $15.00 Hour Room 201 30 table seating Senior Center Rental Approx.25 people theater style,15 to $10.00 $10.00 Hour $15.00• $10.00 Hour $20.00 $10.00 Hour Room 203 20 table seating Sensor Center Rental Approx.1010 15 $5.00 $5.00 Hour $10.00 $5.00 Hour $15.00 $5.00 Hour Room 209 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar December 7,2004 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VI.E. Finance, Sue Kotchevar Resolution Relating to$1,137,000 General Obligation Equipment Notes, Series 2004B Requested Action: Move to: Adopt Resolution Authorizing Issuance of$1,137,000 General Obligation Equipment Notes, Series 2004B. Synopsis: The purpose of the issuance of the capital notes is to purchase three new Top Mount Rescue Pumpers (fire trucks) from E-One Manufacturing for $1,124,400. This item was budgeted for under the CIP program for 2004/2005. These vehicles will replace current trucks Engine#2 and Engine#3,with the third to serve as a new apparatus for Station 4 once it is built. Attachments: Resolution CERTIFICATION OF MINUTES RELATING TO $1,137,000 GENERAL OBLIGATION EQUIPMENT CERTIFICATES OF INDEBTEDNESS, SERIES 2004B Issuer: City of Eden Prairie,Minnesota Governing Body: City Council Kind, date, time and place of meeting: A regular meeting held December 7, 2004, at 7:00 P.M., at the City offices. Members present: Members absent: Documents Attached: Minutes of said meeting(including): RESOLUTION NO. RESOLUTION AUTHORIZING ISSUANCE,AWARDING SALE, PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR THE PAYMENT OF$1,137,000 GENERAL OBLIGATION EQUIPMENT CERTIFICATES OF INDEBTEDNESS, SERIES 2004B I,the undersigned,being the duly qualified and acting recording officer of the public corporation issuing the obligations referred to in the title of this certificate, certify that the documents attached hereto, as described above,have been carefully compared with the original records of said corporation in my legal custody,from which they have been transcribed;that said documents are a correct and complete transcript of the minutes of a meeting of the governing body of said corporation, and correct and complete copies of all resolutions and other actions taken and of all documents approved by the governing body at said meeting, so far as they relate to said obligations; and that said meeting was duly held by the governing body at the time and place and was attended throughout by the members indicated above,pursuant to call and notice of such meeting given as required by law. WITNESS my hand officially as such recording officer this December 7,2004. City Clerk 1 Councilmember introduced the following resolution and moved its adoption, which motion was seconded by Councilmember RESOLUTION AUTHORIZING ISSUANCE,AWARDING SALE,PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR THE PAYMENT OF$1,137,000 GENERAL OBLIGATION EQUIPMENT CERTIFICATES OF INDEBTEDNESS, SERIES 2004B BE IT RESOLVED by the City Council of the City of Eden Prairie,Minnesota (the City), as follows: Section 1. Authorization and Sale. 1.01. Authorization. This Council hereby determines that it is in the best interest of the City to issue its$1,137,000 General Obligation Equipment Certificates of Indebtedness, Series 2004B (the Obligations)to finance the costs of acquiring various items of capital equipment(the Project). Said items of capital equipment have a useful life not less than the term of the Obligations. The principal amount of the Obligations does not exceed .25 percent of the market value of taxable property in the City;therefore the Obligations may be issued without an election. 1.02. Sale. Pursuant to Minnesota Statutes, Section 475.60, subdivision 2, paragraph(1),the requirements as to public sale do not apply to the issuance of the Obligations. A proposal for the purchase of the Obligations was received at or before the time specified for receipt of proposals. Anchor Bank(the Purchaser)has proposed to purchase the Obligations. In accordance with the terms of proposal, it is hereby determined to issue the Obligations at a price of$ plus accrued interest on all Obligations to the day of issuance and delivery, on the further terms and conditions hereinafter set forth. 1.03. Award. The sale of the Obligations is hereby awarded to the Purchaser and the Mayor and City Manager are hereby authorized and directed to execute a contract on behalf of the City for the sale of the Obligations. The good faith deposit of the Purchaser shall be retained by the City until the Obligations have been delivered, and shall be deducted from the purchase price paid at settlement. Section 2. Obligation Terms;Registration;Execution and Delivery. 2.01. Issuance of Obligations. All acts, conditions and things which are required by the Constitution and laws of the State of Minnesota to be done,to exist,to happen and to be performed precedent to and in the valid issuance of the Obligations having been done,now existing,having happened and having been performed, it is now necessary for the City Council to establish the form and terms of the Obligations,to provide security therefor and to issue the Obligations forthwith. 2 2.02. Maturities;Interest Rates;Denominations and Payment. The Obligations shall be originally dated December 29,2004, shall be in denominations of$100,000 or more, of single maturities, shall mature on December 29 in the years and amounts stated below,without option of prior payment, and shall bear interest from date of issue until paid at the annual rates set forth opposite such years and amounts, as follows: Year Amount Interest Rate 2007 $666,000 2009 471,000 The Obligations shall be issuable only in fully registered form. The interest thereon and,upon surrender of each Obligation at the office of the Registrar described herein,the principal amount thereof, shall be payable by check or draft issued by the Registrar described herein. Upon the initial delivery of the Obligations pursuant to Section 2.07, and upon any subsequent transfer or exchange pursuant to Section 2.06,the date of authentication shall be noted on each Obligation so delivered, exchanged or transferred. 2.03. Dates and Interest Payment Dates. Interest on the Obligations shall be payable on each June 29 and December 29,commencing June 29,2005,to the owners of record thereof as of the close of business on the fifteenth day of the immediately preceding month, whether or not such day is a business day. Interest shall be computed on the basis of a 360-day year composed of twelve 30-day months. 2.04. Redemption. The Obligations shall not be subject to optional prepayment prior to their stated maturities. Obligations maturing on December 29,2007 and 2009 (the"Term Obligations") shall be subject to mandatory redemption prior to maturity pursuant to the sinking fund requirements of this Section 2.04 at a redemption price equal to the stated principal amount thereof plus interest accrued thereon to the redemption date,without premium. The Registrar shall select for redemption, by lot or other manner deemed fair,on December 29 and June 29 in each of the following years the following stated principal amounts of such Obligations: Date Principal Amount June 29, 2005 $108,000 December 29,2005 $109,000 June 29, 2006 $110,000 December 29,2006 $112,000 June 29,2007 $113,000 The remaining$114,000 stated principal amount of such Obligations shall be paid at maturity on December 29,2007. Year Principal Amount June 29, 2008 $115,000 December 29,2008 $117,000 3 June 29, 2009 $119,000 The remaining$120,000 stated principal amount of such Obligations shall be paid at maturity on December 29,2009. The City Manager shall cause notice of the call for redemption thereof to be published as required by law, and at least thirty and not more than 60 days prior to the designated redemption date, shall cause notice of call for redemption to be mailed,by first class mail,to the registered holders of any portions of Obligations to be redeemed at their addresses as they appear on the register described in Section 2.06 hereof,but no defect in or failure to give such mailed notice of redemption shall affect the validity of proceedings for the redemption of any portion of an Obligation not affected by such defect or failure. Official notice of redemption having been given as aforesaid,the portions of Obligations so to be redeemed shall, on the redemption date, become due and payable at the redemption price therein specified and from and after such date (unless the City shall default in the payment of the redemption price) such portions of Obligations shall cease to bear interest. Upon partial redemption of any Obligation, a new Obligation or Obligations will be delivered to the owner without charge, representing the remaining principal amount outstanding. 2.05. Appointment of Initial Registrar. The City hereby appoints the City Finance Director as the initial registrar,transfer agent and paying agent(the Registrar) for the Obligations. The City reserves the right to remove the Registrar upon thirty days' notice and upon the appointment of a successor Registrar, in which event the predecessor Registrar shall deliver all cash and Obligations in its possession to the successor Registrar and shall deliver the register to the successor Registrar. 2.06. Registration. The effect of registration and the rights and duties of the City and the Registrar with respect thereto shall be as follows: (a) Register. The Registrar shall keep at its principal office a register in which the Registrar shall provide for the registration of ownership of Obligations and the registration of transfers and exchanges of Obligations entitled to be registered,transferred or exchanged. (b) Transfer of Obligations. Upon surrender for transfer of any Obligation duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar,duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing,the Registrar shall authenticate and deliver, in the name of the designated transferee or transferees, one or more new Obligations of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may,however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until such interest payment date. (c) Exchange of Obligations. Whenever any Obligations are surrendered by the registered owner for exchange the Registrar shall authenticate and deliver one or more 4 new Obligations of a like aggregate principal amount and maturity, as requested by the registered owner or the owner's attorney in writing. (d) Cancellation. All Obligations surrendered upon any transfer or exchange shall be promptly canceled by the Registrar and thereafter disposed of as directed by the City. (e) Improper or Unauthorized Transfer. When any Obligation is presented to the Registrar for transfer,the Registrar may refuse to transfer the same until it is satisfied that the endorsement on such Obligation or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar shall incur no liability for the refusal, in good faith,to make transfers which it, in its judgment, deems improper or unauthorized. (f) Persons Deemed Owners. The City and the Registrar may treat the person in whose name any Obligation is at any time registered in the register as the absolute owner of the Obligation, whether the Obligation shall be overdue or not, for the purpose of receiving payment of or on account of,the principal of and interest on the Obligation and for all other purposes;and all payments made to any registered owner or upon the owner's order shall be valid and effectual to satisfy and discharge the liability upon Obligation to the extent of the sum or sums so paid. (g) Taxes, Fees and Charges. For every transfer or exchange of Obligations (except for an exchange upon a partial redemption of an Obligation),the Registrar may impose a charge upon the owner thereof sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to such transfer or exchange. (h) Mutilated,Lost, Stolen or Destroyed Obligations. In case any Obligation shall become mutilated or be destroyed, stolen or lost,the Registrar shall deliver a new Obligation of like amount,number,maturity date and tenor in exchange and substitution for and upon cancellation of any such mutilated Obligation or in lieu of and in substitution for any Obligation destroyed, stolen or lost, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith;and, in the case of an Obligation destroyed, stolen or lost,upon filing with the Registrar of evidence satisfactory to it that the Obligation was destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to the Registrar of an appropriate bond or indemnity in form, substance and amount satisfactory to it, in which both the City and the Registrar shall be named as obligees. All Obligations so surrendered to the Registrar shall be canceled by it and evidence of such cancellation shall be given to the City. If the mutilated, destroyed, stolen or lost Obligation has already matured or been called for redemption in accordance with its terms it shall not be necessary to issue a new Obligation prior to payment. (i) Authenticating Agent. The Registrar is hereby designated authenticating agent for the Obligations,within the meaning of Minnesota Statutes, Section 475.55, Subdivision 1, as amended. 5 (j) Valid Obligations. All Obligations issued upon any transfer or exchange of Obligations shall be the valid obligations of the City, evidencing the same debt, and entitled to the same benefits under this Resolution as the Obligations surrendered upon such transfer or exchange. 2.07. Execution,Authentication and Delivery. The Obligations shall be prepared under the direction of the City Manager and shall be executed on behalf of the City by the signatures of the Mayor and the City Manager,provided that the signatures may be printed, engraved or lithographed facsimiles of the originals. In case any officer whose signature or a facsimile of whose signature shall appear on the Obligations shall cease to be such officer before the delivery of any Obligation, such signature or facsimile shall nevertheless be valid and sufficient for all purposes,the same as if such officer had remained in office until delivery. Notwithstanding such execution,no Obligation shall be valid or obligatory for any purpose or entitled to any security or benefit under this Resolution unless and until a certificate of authentication on the Obligation has been duly executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Obligations need not be signed by the same representative. The executed certificate of authentication on each Obligation shall be conclusive evidence that it has been authenticated and delivered under this Resolution. When the Obligations have been prepared, executed and authenticated,the City Manager shall deliver them to the Purchaser upon payment of the purchase price in accordance with the contract of sale heretofore executed, and the Purchaser shall not be obligated to see to the application of the purchase price. 2.08. Form of Obligations. The Obligations shall be prepared in substantially the following form: UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF EDEN PRAIRIE GENERAL OBLIGATION EQUIPMENT CERTIFICATES OF INDEBTEDNESS, SERIES 2004B Interest Rate Maturity Date Date of Original Issue CUSIP No. December 29,20 December 29, 2004 None REGISTERED OWNER: ANCHOR BANK PRINCIPAL AMOUNT: THOUSAND DOLLARS THE CITY OF EDEN PRAIRIE,MINNESOTA (the City),acknowledges itself to be indebted and for value received hereby promises to pay the principal sum specified above on the maturity date specified above,without option of prior payment,with interest thereon from the date hereof at the annual rate specified above,payable on June 29 and December 29 in each year, commencing June 29,2005,to the person in whose name this Obligation is registered at the close of business on the fifteenth day(whether or not a business day)of the immediately preceding 6 month. Interest hereon shall be computed on the basis of a 360-day year composed of twelve 30- day months. The interest hereon and,upon presentation and surrender hereof,the principal hereof are payable in lawful money of the United States of America by check or draft or other agreed means of payment if by the City Finance Director as Registrar and Paying Agent(the Registrar), or by other means of payment if by its designated successor under the Resolution described herein. For the prompt and full payment of such principal and interest as the same respectively become due,the full faith, credit and taxing powers of the City have been and are hereby irrevocably pledged. This Obligation is one of an issue in the aggregate principal amount of$1,137,000 issued pursuant to a resolution adopted by the City Council on December 7,2004(the Resolution),to finance the costs of acquisition of capital equipment, and is issued pursuant to and in full conformity with the Constitution and laws of the State of Minnesota thereunto enabling, including Minnesota Statutes, Section 412.301 and Chapter 475. The Obligations are issuable only in fully registered form, in denominations of$100,000 or greater, of single maturities. The Obligations are not subject to optional redemption prior to maturity. Obligations maturing in the years 2007 and 2009 shall be subject to mandatory redemption, at a redemption price equal to their principal amount plus interest accrued thereon to the redemption date,without premium, on December 29 in each of the years shown below. The Registrar shall select for redemption, by lot or other manner deemed fair, Obligations in an amount equal to the following principal amounts: Term Obligations Maturing in 2007 Term Obligations Maturing in 2009 Sinking Fund Aggregate Sinking Fund Aggregate Payment Date Principal Amount Payment Date Principal Amount June 29, 2005 $108,000 June 29, 2008 $115,000 December 29,2005 109,000 December 29,2008 117,000 June 29, 2006 110,000 June 29, 2009 119,000 December 29, 2006 112,000 June 29, 2007 113,000 The City Manager shall cause notice of the call for redemption thereof to be published as required by law, and at least thirty and not more than 60 days prior to the designated redemption date, shall cause notice of call for redemption to be mailed, by first class mail,to the registered holders of any Obligations, at the holders' addresses as they appear on the register maintained by the Registrar,but no defect in or failure to give such mailed notice of redemption shall affect the validity of proceedings for the redemption of any portion of an Obligation not affected by such defect or failure. Official notice of redemption having been given as aforesaid, the portions of Obligations so to be redeemed shall, on the redemption date,become due and payable at the redemption price therein specified and from and after such date(unless the City shall default in the payment of the redemption price) such portions of Obligations shall cease to bear interest. 7 Upon partial redemption of any Obligation,a new Obligation or Obligations will be delivered to the owner without charge,representing the remaining principal amount outstanding. As provided in the Resolution and subject to certain limitations set forth therein,this Obligation is transferable upon the books of the City at the office of the Registrar, by the registered owner hereof in person or by the owner's attorney duly authorized in writing upon surrender hereof together with a written instrument of transfer satisfactory to the Registrar, duly executed by the registered owner or the owner's attorney, and may also be surrendered in exchange for Obligations of other authorized denominations. Upon such transfer or exchange the City will cause a new Obligation or Obligations to be issued in the name of the transferee or registered owner, of the same aggregate principal amount,bearing interest at the same rate and maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange. The Obligations have been designated as"qualified tax-exempt obligations"pursuant to Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. The City and the Registrar may deem and treat the person in whose name this Obligation is registered as the absolute owner hereof,whether this Obligation is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the City nor the Registrar shall be affected by any notice to the contrary. IT IS HEREBY CERTIFIED,RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to exist,to happen and to be performed precedent to and in the issuance of this Obligation in order to make it a valid and binding general obligation of the City in accordance with its terms, have been done, do exist,have happened and have been performed as so required;that,prior to the issuance hereof,the City Council has levied ad valorem taxes on all taxable property in the City,which taxes will be collectible for the years and in amounts sufficient to produce sums not less than five percent in excess of the principal of and interest on the Obligations when due, and has appropriated such taxes to its General Obligation Equipment Certificates of Indebtedness, Series 2004B Sinking Fund for the payment of such principal and interest;that if necessary for payment of such principal and interest, additional ad valorem taxes are required to be levied upon all taxable property in the City,without limitation as to rate or amount;that the issuance of this Obligation,together with all other indebtedness of the City outstanding on the date hereof and on the date of its actual issuance and delivery, does not cause the indebtedness of the City to exceed any constitutional or statutory limitation of indebtedness. This Obligation shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon shall have been executed by the Registrar by manual signature of one of its authorized representatives. IN WITNESS WHEREOF, the City of Eden Prairie,Minnesota, by its City Council,has caused this Obligation to be executed on its behalf by the facsimile signatures of the Mayor and City Manager and has caused this Obligation to be dated as of the date set forth below. Date of Authentication: 8 CITY OF EDEN PRAIRIE,MINNESOTA (facsimile signature-City Manager) (facsimile signature-Mayor) CERTIFICATE OF AUTHENTICATION This is one of the Obligations delivered pursuant to the Resolution mentioned within. CITY FINANCE DIRECTOR,as Registrar By Authorized Representative The following abbreviations,when used in the inscription on the face of this Obligation, shall be construed as though they were written out in full according to the applicable laws or regulations: TEN COM-as tenants in common UTMA as Custodian for (Cust) (Minor) TEN ENT-as tenants by the entireties under Uniform Transfers to Minors Act (State) JT TEN--as joint tenants with right of survivorship and not as tenants in common Additional abbreviations may also be used. ASSIGNMENT For value received,the undersigned hereby sells,assigns and transfers unto the within Obligation and all rights thereunder,and does hereby irrevocably constitute and appoint attorney to transfer the said Obligation on the books kept for registration of the within Obligation,with full power of substitution in the premises. Dated: NOTICE: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Obligation in every particular,without alteration or enlargement or any change whatsoever. Signature Guaranteed: Signature(s)must be guaranteed by an"eligible guarantor institution"meeting the requirements of the Registrar,which requirements include membership or participation in STAMP or such other"signature guaranty program"as may be determined by the Registrar in addition to or in 9 substitution for STAMP, all in accordance with the Securities Exchange Act of 1934, as amended. PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE: [end of certificate form] Section 3. General Obligation Equipment Certificates of Indebtedness, Series 2004B Sinking Fund. So long as any of the Obligations are outstanding and any principal of or interest thereon unpaid,the City Manager shall maintain a separate debt service fund on the official books and records of the City to be known as the General Obligation Equipment Certificates of Indebtedness, Series 2004B Sinking Fund(the Sinking Fund), and the principal of and interest on the Obligations shall be payable from the Sinking Fund. The City irrevocably appropriates to the Sinking Fund(a) any amount in excess of$ received from the Purchaser(including amounts representing capitalized interest); (b)all taxes levied and collected in accordance with this Resolution;and(c) all other moneys appropriated by the City Council to the Sinking Fund from time to time. If the balance in the Sinking Fund is at any time insufficient to pay all interest and principal then due on all Obligations payable therefrom,the payment shall be made from any fund of the City which is available for that purpose, subject to reimbursement from the Sinking Fund when the balance therein is sufficient, and the City Council covenants and agrees that it will each year levy a sufficient amount of ad valorem taxes to take care of any accumulated or anticipated deficiency,which levy is not subject to any constitutional or statutory limitation. Section 4. Pledge of Taxing Powers. For the prompt and full payment of the principal of and interest on the Obligations as such payments respectively become due,the full faith, credit and unlimited taxing powers of the City shall be and are hereby irrevocably pledged. In order to produce aggregate amounts not less than 5%in excess of the amount needed to meet when due the principal and interest payments on the Obligations, ad valorem taxes are hereby levied on all taxable property in the City. The taxes are to be levied and collected in the following years and amounts: Levy Years Collection Years Amount See attached Levy Computation The taxes shall be irrepealable as long as any of the Obligations are outstanding and unpaid, provided that the City reserves the right and power to reduce the tax levies in accordance with the provisions of Minnesota Statutes, Section 475.61. Section 5. Defeasance. When all of the Obligations have been discharged as provided in this section, all pledges,covenants and other rights granted by this Resolution to the holders of the Obligations shall cease. The City may discharge its obligations with respect to any Obligations which are due on any date by depositing with the Registrar on or before that date a sum sufficient for the payment thereof in full; or, if any Obligation should not be paid when due, it may nevertheless be discharged by depositing with the Registrar a sum sufficient for the 10 payment thereof in full with interest accrued from the due date to the date of such deposit. The City may also at any time discharge its obligations with respect to any Obligations,subject to the provisions of law now or hereafter authorizing and regulating such action,by depositing irrevocably in escrow,with a bank qualified by law as an escrow agent for this purpose, cash or securities which are authorized by law to be so deposited,bearing interest payable at such time and at such rates and maturing or callable at the holder's option on such dates as shall be required to pay all principal and interest to become due thereon to maturity. Section 6. Certification of Proceedings. 6.01. Registration of Obligations and Levy of Taxes. The City Manager is hereby authorized and directed to file a certified copy of this resolution with the County Auditor of Hennepin County and obtain a certificate that the Obligations have been duly entered upon the Auditor's register and the tax required by law has been levied. 6.02. Authentication of Transcript. The officers of the City and the County Auditor are hereby authorized and directed to prepare and furnish to the Purchaser and to Dorsey &Whitney LLP,Bond Counsel, certified copies of all proceedings and records relating to the Obligations and such other affidavits, certificates and information as may be required to show the facts relating to the legality and marketability of the Obligations, as the same appear from the books and records in their custody and control or as otherwise known to them, and all such certified copies, affidavits and certificates, including any heretofore furnished, shall be deemed representations of the City as to the correctness of all statements contained therein. Section 7. Tax Covenants;Arbitrage Matters;Reimbursement and Continuing Disclosure. 7.01. General Tax Covenant. The City covenants and agrees with the registered owners from time to time of the Obligations that it will not take, or permit to be taken by any of its officers, employees or agents, any actions that would cause interest on the Obligations to become includable in gross income of the recipient under the Internal Revenue Code of 1986, as amended(the Code)and applicable Treasury Regulations(the Regulations), and covenants to take any and all actions within its powers to ensure that the interest on the Obligations will not become includable in gross income of the recipient under the Code and the Regulations. In particular,the City covenants and agrees that all proceeds of the Obligations will be expended solely for the payment of the costs of acquisition and installation of capital equipment to be owned and maintained by the City and used in the City's general governmental operations. The City shall not enter into any lease,use or other agreement with any non-governmental person relating to the use of the equipment or security for the payment of the Obligations which might cause the Obligations to be considered"private activity bonds" or"private loan bonds"pursuant to Section 141 of the Code. 7.02. Certification. The Mayor and City Manager being the officers of the City charged with the responsibility for issuing the Obligations pursuant to this Resolution, are authorized and directed to execute and deliver to the Purchaser a certificate in accordance with - the provisions of Section 148 of the Code and Regulations, stating the facts, estimates and circumstances in existence on the date of issue and delivery of the Obligations which make it 11 reasonable to expect that the proceeds of the Obligations will not be used in a manner that would cause the Obligations to be"arbitrage bonds"within the meaning of the Code and Regulations. 7.03. Arbitrage Rebate. (a)It is hereby found that the City has general taxing powers,that no Obligation is a "private activity bond"within the meaning of Section 141 of the Code,that 95% or more of the net proceeds of the Obligations are to be used for local governmental activities of the City, and that the aggregate face amount of all tax-exempt obligations (other than private activity bonds) issued by the City and all subordinate entities thereof during the year 2004 is not reasonably expected to exceed$5,000,000. Therefore, pursuant to Section 148(f)(4)(D) of the Code,the City shall not be required to comply with the arbitrage rebate requirements of paragraphs(2)and(3)of Section 148(f) of the Code. (b)Notwithstanding the provisions of paragraph (a) of this Section 7.03, if the arbitrage rebate provisions of Section 148(f) of the Code apply to the Obligations,the City hereby covenants and agrees to make the determinations,retain records and rebate to the United States the amounts at the times and in the manner required by said Section 148(f) and applicable Regulations. 7.04. Reimbursement.The City certifies that the proceeds of the Obligations will not be used by the City to reimburse itself for any expenditure with respect to the equipment which the City paid or will have paid more than 60 days prior to the issuance of the Obligations unless,with respect to such prior expenditures,the City shall have made a declaration of official intent which complies with the provisions of Section 1.150-2 of the Regulations;provided that this certification shall not apply(i)with respect to certain de minimis expenditures, if any,with respect to the equipment meeting the requirements of Section 1.150-2(f)(1) of the Regulations, or (ii)with respect to"preliminary expenditures"for the equipment as defined in Section 1.150- 2(f)(2)of the Regulations which in the aggregate do not exceed 20%of the"issue price"of the Obligations. 7.05. Qualified Tax-Exempt Obligations. The City Council hereby designates the Obligations as"qualified tax-exempt obligations"for purposes of Section 265(b)(3) of the Code relating to the disallowance of interest expense for financial institutions, and hereby finds that the reasonably anticipated amount of tax-exempt obligations which are not private activity bonds (not treating qualified 501(c)(3)bonds under Section 145 of the Code as private activity bonds for the purpose of this representation) and are not excluded from this calculation by Section 265(b)(3)(C)(ii) of the Code which will be issued by the City and all subordinate entities during calendar year 2004 does not exceed$10,000,000. 7.06. Continuing Disclosure. The Securities and Exchange Commission (the SEC) has promulgated certain amendments to Rule 15c2-12 under the Securities Exchange Act of 1934 (17 C.F.R. § 240.15c2-12) (the Rule) that make it unlawful for an underwriter to participate in the primary offering of municipal securities in a principal amount of$1,000,000 or more unless, before submitting a bid or entering into'a purchase contract for the Obligations, it has reasonably determined that the issuer or an obligated person has undertaken in writing for the benefit of the holders of such Obligations to provide certain disclosure information to prescribed information repositories on a continuing basis or unless and to the extent the offering is exempt from the requirements of the Rule. This City Council hereby finds that the Rule is inapplicable 12 to the Obligations because of the exemption provided by Section (d)(1) of the Rule. Therefore, the City is not required to enter into any undertaking to provide continuing disclosure with respect to the Obligations. Upon vote being taken upon the foregoing resolution,the following voted in favor thereof: and the following voted against the same: whereupon the resolution was declared duly passed and adopted. 13 PROJECTED LEVIES Date Levy 2005 2006 2007 2008 Total 14 COUNTY AUDITOR'S CERTIFICATE AS TO REGISTRATION AND TAX LEVY The undersigned,being the duly qualified and acting County Auditor of Hennepin County,Minnesota, hereby certifies that there has been filed in my office a certified copy of a resolution duly adopted on December 7, 2004, by the City Council of the City of Eden Prairie, Minnesota, setting forth the form and details of an issue of$1,137,000 General Obligation Equipment Certificates of Indebtedness, Series 2004B, dated as of December 29, 2004, and levying taxes for their payment. I further certify that the issue has been entered on my bond register and the tax required by law for their payment has been filed, as required by Minnesota Statutes, Sections 475.51 to 475.74. WITNESS my hand and official seal this—day of December,2004. County Auditor (SEAL) 15 CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: December 7,2004 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.:VI.F. Community Development: Adopt resolution approving sale of Lot 6,Block David Lindahl/Janet Jeremiah 2, Sunset Ridge(6600 175th Avenue West). Requested Council Action: Move to: Adopt the Resolution approving the sale of Lot 6,Block 2, Sunset Ridge. Synopsis: The attached resolution provides staffs authorization to sell a single family property purchased by the City earlier this year for the purpose of completing a sewer and water utility project. The City received a purchase offer on November 24,2005 for the sum of$287,000.00,the same price the City paid for the property. The resolution also includes a finding that sale of the property has no relationship to the City's Comprehensive Plan,which it does not. Background: The City had been attempting to obtain a sanitary sewer and water utility easement from the owners of a single family property located at 6600 175th Avenue West in northwest Eden Prairie. The owners were unwilling to grant an easement, but instead offered to sell the property to the City, which the City eventually acquired in July 2004. The acquisition enabled the City to establish a utility easement which allowed the City to abandon a sanitary sewer lift station,thereby saving operational costs and minimizing the risk of sewer backup and further allows a looping of the water main system from the neighborhood of the property to a new neighborhood to the west, establishing a more reliable water system for these areas. Attachments: Resolution Purchase Agreement CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2004 RESOLUTION APPROVING THE SALE OF LOT 6,BLOCK 2,SUNSET RIDGE WHEREAS,the City is authorized pursuant to MN Statute §412.211 to hold, manage, control, sell,convey, lease,or otherwise dispose of such land as its interests require; and WHEREAS,the City is further empowered by law to sell property that is no longer needed by the municipality for governmental purposes; and WHEREAS, for many years the City desired to acquire a sanitary sewer and water main easement(hereinafter the"Utility Easement") across Lot 6,Block 2, Sunset Ridge,Hennepin County,Minnesota, commonly known as 6600 175th Avenue West(hereinafter the"Property"); and WHEREAS, although the prior Owners of the Property were unwilling to grant the City the Utility Easement,they approached the City in 2004 offering to sell the entire Property,which resulted in the City acquiring the Property in 2004; and WHEREAS,the acquisition of the Property enables the City to establish the Utility Easement which allows the City to abandon a sanitary sewer lift station thereby saving operational costs and minimizing the risk of sewer backup and further allows a looping of the water main system from the neighborhood of the Property to a new neighborhood to the west, establishing a more reliable water system for these areas; and WHEREAS,the Property as encumbered by the Utility Easement is not needed by the City for governmental purposes; and WHEREAS,the City Council is advised by City Staff that the sale of the Property has no relationship to the City's Comprehensive Municipal Plan; and WHEREAS,Richard and Mary Perkins have offered to purchase the Property from the City subject to the Utility Easement for the sum of$287,000.00. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA THAT: 1. The City Council finds that the sale of the Property subject to the Utility Easement has no relationship to the City's Comprehensive Plan. —1— 2. The sale of the Lot 6, Block 2, Sunset Ridge,Hennepin County,Minnesota subject to the Utility Easement is hereby approved. 3. The Mayor and City Manager are hereby authorized to execute any and all such documents, including a warranty deed, as are necessary to convey the Property to the purchaser. ADOPTED by the City Council on December 7,2004. Nancy Tyra-Lukens,Mayor (Seal) ATTEST: Kathleen Porta, Clerk —2— ar %SE. 6c=9T 1700c—£z—f1Ota ♦` ADMINISTRATIVE OFFICES V TWI V CITY �Q„�PS 2025 Larpenteur Avenue West FEDERAL CREDIT UNION Falcon Heights, MN55113-5598 ro 651215.3450•www.tcuconnectcom Twin City Co-ops Federal Credit Union 2025 Larpenteur Avenue Falcon Heights,MN 55113 First Mortgage Commitment Letter November 23,2004 C.Richard Perkins Mary Perkins Re: 6600 West 175th Ave Eden Prairie,MN 55346 Dear Richard and Mary, It is a pleasure to inform you that your application for a mortgage loan has been approved with the following terms: Purchase Price: To Be Determined Down Payment: 10%,plus closing fees Interest Rate: Rate has not been locked—Market Rate will apply Loan Terms: Conventional Fixed 30 year mortgage This commitment is subject to the following conditions and requirements: Executed Purchase Agreement Acceptable Appraisal Updated Income Verification This approval IS NOT CONTINGENT on the sale of 16351 Pioneer Trail Thank you for choosing TCU for your mortgage needs. If you have any questions,please contact me at 651-268-7746. Thanks! Sincerely, (`10,haw 61awAnk,o- Vanessa McWilliams First Mortgage Officer vnicwill@tcuconnect.com Committed•Competitive♦Cooperative • PURCHASE AGREEMENT CCILDUMii.L ©2004 Co;dwell Banker Burnet BANIteR .BUR NET Date I/Z k . . 3. RECEIVED OF R!CI.1ARD f MilgY • 5:' fhesum 01 ?INO 77/l1L6;'M/11 MVt VOD 1 Caller's($ 2000 r gam- 6. by'CHECK❑CASH ❑NOTE as earnest money to be deposited upon acceptance of Purchase.Agreement by all parties,on or •. (ciiacckone)--- 7...before the third business day after acceptance,in.the trust account of;listing broker:but to be returned to Buyer if Purchase 8. Agreement is not accepted by Seller. Said earnest.money is part payment•for the purchase.+of the property located at: 9. Street Address:_(4(2O 0 11 5 ft AN, N! 10 City of El/FM . 4,g/ County of A./EN/VAr//W • ,State of Minnesota, 11.•legally described as: SUNSET kf A' # SUA/SE7 t.�/..0 1 E LOT:oOG -RLK Oat •• • 12. •.. . 13..including all fixtures on the following property,if any,owned by Seller and used and located oh said property,including but not limited to garden bulbs, 14. plants,shrubs and trees;storm sash,storm doors,screens and awnings;window shades,.blinds,traverse and curtain and drapery.rods;attached 15. lighting fixtures and bulbs;plumbing fixtures,water heater,heating plants(with any burners,tanks,stokers a.d other equipment used In 16. connection therewith),built-in air-conditioning equipment,electronic air filter,watersoftener CLOWNED IJRENTED (NONE,-built-in.humidifier (chackono)-- 17. and dehumidifier, liquid gas tank and controls (If.the property of Seller),sump pump;attached.television antenna,cable TV jacks and 18. wiring;BUILT-INS:dishwashers,garbage disposals,trash compactors,ovens,cook-top stoves,microwave ovens,hood fans, Intercoms; 19. ATTACHED:carpeting;mirrors;garage door openers and all controls;smoke detectors;fireplace screens,doors'an'd heatilators;AND'ths following 20. personal property: • • . . 21. f 23. all of which property Seller has this day agreed to sell to Buyer for sum of($ O -� • 24.-TWO IjuNIM.'tn 1(r+f-'ril N T'O/.154`ND NO - Dollars, • 25..:which.Buyer agrees to pay.in the following manner:cash down payment of at least /i ...percent(%).of the sale.pricer•whlch.includes the earnest • 26, money,and•financing,the total amount secured against this property,to fund this purchase,net-to exceed E _percent(a/o)of the sale price. • 27. Such financing will be(check one)1.a first mortgage or.contract for deed;orEla.first.morrtgagewith.subordinate financing,as described in the .- 28:''attachedAddendum:plConventionarOFHA ❑OVAClAssumption ❑Contrast for Deed ❑'Other: (chockattihafappl}f-.-- -- 29. The date of closing shall be'TAN 31 ,20 30. This Purchase Agreement Cl IS1 IS NOT subject to a Contingency Addendum for sale of Buyer's property.(If answer is IS,see attached Addendum.) ---•(c reckons-- 31. .(if answer is iS'NOT,the closing of Buyer's property,if any,may still affect Buyer's afillity to obtain financing,if financing Is applicable.) 32. This Purchase Agreement❑iS 51IS NOT subject to cancellation of a.previously written Purchase Agreement dated ... •• --(cock one)- 33. (If answeris IS,said cancellation shall be obtained no later than • :•.20 . If said cancellation Is not obtained 34..by said date,this Purchase Agreement is cancelled..:Buyer and•Seller shall immediately sign a Cancellation of•Purchase Agreement 35. confirming said cancellation and directing all earnest money paid hereunderto be•refunded to Buyer.) 36. This Purchase Agreement®IS MIS NOT subject to a Vacant Land Addendum. (If answer is IS,see attached Addendum.) Buyer has -(clock and-•• ... ��11 - .. • 37. been made aware of the availability of property inspections. Buyer Elects ❑Declines to have a property inspection performedatBuyer'sexpense. ---(checkone]-� :......: . .. . . . • . . I 38. This Purchase Agreement'XIS ••0 IS NOT subject to an ihspection•'Addendum.•(If'Answer. IS,-'see•°'attached Addendum.) . -tank anal-- . 39..DEED/MARKETABLETITLE:Upon performance by Buyer,Seller shall deliver at Warranty Deed or CI Other: ,: •• • ••. • •9, : Deed -----(check ana}------- 40."joined in by spouse,if any,conveying marketable title,subject to: • '' ' 41. •(A) building and zoning laws, ordinances, state and federal regulations; (B) restrictions relating to use or improvement of the 42. property without effective forfeiture provisions; (C) reservation of any mineral rights by,the State of Minnesota; (D) utility and 43. drainage easements which do not Interfere with existing improvements; (E) riglifs'of"tenants as follows'(un(ess"specified, not 44.,subtectio tenancies): 45.;(F)others(must be specified in writing):, 46.'❑BUYER SHALL PAY,) •SELLER SHALL PAY on date of closing any deferred real estate taxes(e.g., Green.Acres, etc.) or special . .:•• (cheek and 47,assessments,payment of which is required as a result of:the closing of this sale. ......:s.•. •. . 48 •E E BUYER ANDSELLER SHALL PRORATE AS OFTH DATE OF CLOSING)I SELLER SHALL PAY ON DATE OF. CLOSING'alf'instaliments (check and ...-._.._--..__.-�_..r .. 49. of special assessments certified for payment,with the real estate taxes due and payable in the year of closing. 50. p BUYER SHALL ASSUME A I SELLER SHALL PAY on date of closing all other special assessments ladled as.of the date'of This Agreement. (check and 51, ❑BUYER SHALL ASSUMESSELLER HALL PROVIDE FOR PAYMENT OF special assessments pending as of the date of this.Agreement (eeron 52, for improvements that have been ordered by any.assessing authorities..•,(Sellers provision for.payment;,shall be by 53. payment into escrow of two(2)times the estimated amount of the assessments or less,as required by Buyer's lender.) 54. Buyer shall pay any unpaid special assessments payable in the year following closing and thereafter,the paymentof which is not otherwise 55. herein provided. 56..As of the date of this Agreement,Seller represents that Seller❑HAS ie HAS NOT received-a notice regarding:.any new improvement ( end-- 57. protect from any assessing authorities, the costs of which project may be.assessed against-the property. Any such notice 58. received by Seller•affer the date of this Purchase Agreement and before closing shall be provided to Buyer immediately. If such notice 59. is issued after the date of this Purchase Agreement and on or before.the date of closing„then the parties may agree m writing,on or before the 60..;date.of.closing,to pay,provide for the payment of,or assume the special.assessments. :In the absence of such agreement,either party may 61. declare this Purchase Agreement cancelled by written notice to the other party,or licensee representing or assisting the other party,in which case this 62. Purchase Agreement is cancelled.if either party declares this Purchase Agreement cancelled,Buyer and S_ellersliali immediately sign a Cancellation 63. of Purchase Agreement confirming said cancellation and directing all earnest money paid hereunder to be refunded to Buyer. ff MN:PA-1(8/04) CBR 1041 (8104) Owned and Operated By NRT,Incorporated �i 1 ;'4'i f ,5 i ' PURCHASE-AGREEMENT 64. page'27i- 65. TITLE & Et{AII/IINATIc7N: :,Within a reasonable time after acceptance of this Agreement,•-Selfer'Shah;provide 66., evidence of title, whichi:shall include proper searches covering bankruptcies, state and federal judgments and liens, 67. and levied and pending Special Assessments, to Buyer or Buyer's,designated title service provider, as follows: i-1, \\•y.{.11. t 'f�i.:1_.; .�%{fit_`1 -.- ; 68. If property is abstract, Seller shall provide either(1)'a commitment for an owner's policy of title insurance on a current 69. ALTA form•issu�ed by an.Insurer licensed.io,wilts_till.e.:1rls.trapce,ln-Minnesota•,Sg ter sh t paa the ost of ari:owne;s olicy,including the • ,�.. ti•• , . Lil1•. �; �.S .Pt i,. ..., 70. entire premium,title examination fee and the costs-of evidence'of title for such title insurance policy If no lenders policy'is obtained or only '11:'' the act iitibnal'cost'of otit'ainirig a simultaneously issued owner's policy"If`a lenders policy 'is•blteinefJ'(Buyer •shall.pay:the premium..are the:titlenexaminatien fee••for-the lender's policy);.:or•(2)•an abstract•of+•titie certified.to date. 7.3.•..,-:Seller shall,.pay for all.abstracting tees and surrender any:abstract in Seller's possession or control to Buyer at closing. .. , 74.„1t„If property is Torrens, Seller shall provide fat.Bl;JyiKs�option,and,request, either (1)-aARegisteredtP•,roperty,Abstrac.t 75• (RPA) certified to date; or (2)'•a,commitment.far'aR.Pi nerrs,';polioy;ofititle Irisurertca on a current•ALTA form•issued by 76. an Insurer licensed to write title insurance in_Minnesota. Seller shall be responsible to pay, under either option, only 77:::i:l:those:costs.necessary;ito,prepare:the:RPA':i recommitment..:Buyer:shall,-at•.Buyer's:optionOpay;'for either.the•Attorney's Opinion or.ihetitle insurance premium and examination'fee: •••'i;.•...... ':.::< :::..::.: :...::•...;•• ••:..... ...... •:': ..: .):r::i+ n,.•t7,,..•.: ,:.,:?p.,;::: . :•:....: ,:.i".., i,: ,.,.. .:,.•:.,; :•.:':..... .,:...:.. ..,:.::.:r; .:,.::ii::.::,y ,,.!.:ci!;,r::; ;: :.!;::;: :,t:,!,i::;` 'I 79.:;.:;i:Seller;ishall;;use:Selter's;b.est:lefforts"to_provlde marketable.•t)tle:-by::the•:date;of..cl.osing;:In;:thet.event-.Seller•:has not 80. provided marketable title by the date of closing, Seller shall have an additional 30 days to make title marketable or, in 81: ';:.r'the alternative)-Buyer!may•'waive:title...defects by..written'notice.to:Seller: In"'addition::to•the.;30=day-extensfo',, 82: Buyer:and;,Seller,.may;..by'mutual'agreement,;further;:extend the::closing:date:`L'ackitng:'si Olt:'extensfori:;!.`e'�therrparty 83• may declare'this Purchase Agreement cancelled by written notice to the other party,or,iiaensee representing or:assisting the:other 84. party,in which case this purchase Agreement is cancelled.It either party declares this Purchase Agreement cancelled,.Buyer and Seller 85. shall Immediately sign a Cancellation of Purchase Agreement confirming said cancellation and directing-Ill-tamest money paid hereunder 86, to be refunded to Buyer:.. . . ; i''1_7:, .1,:c; ,.:t, r:I;:.:II_ r,i s •._ • •.,.;,4,•.: .........-.......•.. ;:::1..i.'• ' tY.��(� 54:.i,N,...:'��i'••;1,.V: 3 (.1.1 'i`��%�•!.ti_.:•1:;}' 87. SUBDIVISION OF LAND: If this sale constitutes or requires a subdivision of land owned by Seller, Seller shall pay 88.ru;::.all:subdivision-:expenses and:obtain•;all•:.necNsary:.governmental,approvals...Sellerrwarrants.that.ithe legal description.of • .. J., I, 89. ,•''�lfie'�real'!property�to"be c3n fbeyed has''lieen--'or'shall!J tie"approJe`d�ifor,rrecordirig-'as�of`tfien date'of`closing:''SellerrPia'rrants ' 90: '`that'the'bulldini s'"'are"or'"shalt;_be'coifstriiot'ed entirely;Witt in'.the;boundary'lines Hof the properly. •Selle'r'wajrants ' .. {' •...� 1•.:ii'I UT1r1'tiY./l_.. 55::...:,- >.•.t:1, :.,:.•.: :.".i: ...� :,,J.i,...;:... :: 91. that there Is a right of access••to the•:properly•irom'.a.public rlght-of-way.These warranties shal survive the delivery of 92. the deed or contract for deed. "•,V �.;, 1 ;. ('�L: ;,,,•;:,,.,,;n !•...:r....:'.i�d. '/ 7,:.....,.:.:, r,:....`..:,"!:}{:,.. ::•:iE:a ..,..:r.::,._:::r.'r T::.,.;,.,::,:�::,:.):f::;I.+',,:I!;::':0;.j 93. Seller warrants,that prior to the closing, payment in full will have been'made-for•ali-labor,.materials, macfllnery, 94. fixtures'bribe ig furnished witiilii the 120'days'imniediafely P'reced)rtg'th'e'closing in`connection with`const"ruction, 95. alteration or repair of any,structure.on;or improvement to,;t oproperty..,:;;;;,. ,,;:..:.;!;;,..,;::�••�:+.!!r !N.r::!: :;,•.,rt;�..:,�.a:,:;.,:::::'�i„id i • :96..,;;,:,Seller,.warrants...that Seller_has.,not-received any..-notice from:,any;;governmental.:authority,,,as,to f condemnation 97r ::;:iproceedings;:vlolation.,of:any.;law; ordinance.or.reguiation..lf.:the property is-subject,to:restrictiv.ericovenants, Seller 9B. warrants that Seller has not received,any:•notice-from.any,person,orr:authority as..to•i'a breach!!of:;the.covenants. Any 99. such notices received by Seller will be provided to Buyer immediately. 100. Seller agrees to allow reasonable access to the property for performance of any surveys or inspections agreed to herein. :..:.!t.:.,.......•::;i':::•.V: .:,'I:..i':7•::••......::....:::-.',;t:0:,...,.:it,,.ici ! ;;:,':.-t !(:.....,:i .:..,:;�i::;..,, ,,5;:'.Ill It ',,,,;:;I..'..:::)'.;...:,ill::i:r::L', ::':r?i:l:,^:.:: ,;: 101. RiSK OF LOSS:If there is any loss or damage to the property between the date hereof and the date of closing for any reason,including . 102..:;.fire, vandalism„,flood;, earthquake„or:act,of;iGod,;the risk.o( loss•;shall be;;on_Sellei u) the,property,,is,:destroyed .. 103. or substantially damaged before the closing date,this Purchase Agreement is cancelled;at Buyer's option,by written notice to Seller ;:10:1c1 or licensee,representing.or-assisting.Seller.::If.Buyercancels this:P.urchase:Agreement,:;-Buyer.and Seller-shalli Immediately Sign a 105. Cancellation of Purchase Agreement confirming said cancellation and directing all earnest money paid hereunder to be refunded to 106. Buyer. : ;',,.:,. ... : :...,.•, .u: J• , r ..a •'ri r;, v' '-- :.i' inh'•c; i:;l .. ::i.I b ;:il ,,1: '; :;•�iiti i,,.-, 7 +l!';v!f;C ...r 107., ..TIME OF ESSEr'CE:'Timeiis of the-essence in tins•Purchase Agreement. ,�.:: .. , :le;::! ':J,..: rr „ i,.:�,,. .. .-Ili, .:..: ,.,•J,..:,ill: :I! .•i;': r!!i.. ..,el:...... ..,1 .,. ...:... 108. ENTIRE AGREEMENT: This Purchase Agreement, any attached..exhibits.and any addenda:or"ame'ritjmente'signed 109. by the parties'-shalt constitute the entire agreement between Seller and Buyer:and',supets.des:d,iiif their"written or f10.' dral'agreements between Seiler and'Buyar:Tuts Purchase Agreement can be.modified di cancelled only'ln'writirig signed by 111. Seller and Buyer or by operation of law, All monetary sums.:are;deemed to!bp United States:currency,for:purposes!ofithisiagreement. BuyerorSeller inay be required tfspay certain closing r;psts,wi_ilch may.effectiyely reduce theproceeds from the sale Pr::increase-the cash 113. outlay at closing. '. -., ;,T.r.:•'; ;,::to:;;r!.:-r,..,..;-::;: :-:;;,:i a:;f _...... .. . ... .. . .'.i,r::; it:..,........ ..... . t.: .. 114...:..,,ACCEPTANCE:,,Buyer.understands and agrees ihat•this Purchase Agreement;fs.subject to acceptanGe.by.selier In•wrjting:,,; :• ;•! ,;! :1.15.;r.,:,DEFAULT:If Buyer defaults in any.ofthe agreements,hereunderr Seger;mayterminatethis Purchase Agfeement underthe;preyi,sions.of MN 116. Statute 559.21.If either Buyer or Seller defaults In any of the agreements hereunder or there exists an unfulfilled condition after the date 117::i 'specified for fulfillment;•either'party'may-'cancel this•-Purchase Agreement under MN Statute'559.217;.Subd:'3.Whenever Ills provided 118, herein that the Purchase Agreement Is cancelled,said language stiallfie`deemeda provisiori'authorizing a Declaratory Cancellation under 119. ' MN Statute 559:217;Subd.4. .120: If this Purchase,Agreement.is not cancelled ortermfriated'asp guided hereunder;Buyer or-Seller may seek actualdamages-for breach:oi 121. this Purchase Agreement or specific performance of this Purchase Agreement;and,as to specific performance,such action must be 122 "commenced within six months'after such right of'action'arises:' 123: `NOTICE.REGARDING PREDATORY OFFENDER INFORMATION Information regarding the predatory offender registry•end persons •124.- '='registeredwith the predatory offender registry under-MN Statute 243.166 maybe obtained by contacting the'total law enforcement offices 125. In the community where-the property is located,or the Minnesota Department of Corrections at(651)942-0200,or from the Department 126: 'of Corrections Web site at www:corr state,I in:us, MN:PA-2(e104) ! .. sAN1cZRLL D VL _ BURNET ,4Ny 146. SELLER WARRANTS THAT THE PROPERTY IS EITHER DIRECTLY OR INDIRECTLY CONNECTED TO: 147. CITY SEWER EYES 0 NO I CITY WATER a YES 0 NO 148. II NOT APPLICABLE IJSELLER 0 BUYER AGREES TO PROVIDE WATER QUALITY TEST RESULTS SHOWING POTABLE WATE 149. IF REQUIRED BY GOVERNING AUTHORITY AND/OR LENDER. 150. ®NOT APPLICABLE 0 SELLER 0 BUYER AGREESTO PROVIDE,IF REQUIRED RYTHE TERMS OFTHIS PURCHASE AGREEMENT /..:....-.......�-..�_(chttk MCI_.._...._.... ......._._-.-. 151. OR BY GOVERNING AUTHORITY AND/OR LENDER,A LICENSED INSPECTOR'S SEPTIC SYSTEM INSPECTION REPORT 0 152. NOTICE INDICATING IF THE SYSTEM COMPLIES WITH APPLICABLE REGULATIONS. NOTICE:A VALID CERTIFICATE 0 153. COMPLIANCE FOR THE SYSTEM MAY SATISFY THIS OBLIGATION. NOTHING IN LINES 150 TO 153 SHALL OBLIGATE SELLE 154. TO UPGRADE,REPAIR OR REPLACETHE SEPTIC SYSTEM,UNLESS OTHERWISE AGREEDTO IN THIS PURCHASE AGREEMENT 155. BUYER HAS RECEIVED THE WELL DISCLOSURE STATEMENT OR A STATEMENT THAT NO WELL EXISTS ON THE PROPERTY 156. AND A SEPTIC SYSTEM DISCLOSURE STATEMENT OR A STATEMENTTHAT NO SEPTIC SYSTEM EXISTS ON OR SERVESTH 157. PROPERTY,AS REQUIRED BY MINNESOTA STATUTES. 168. SELLER WARRANTS THAT CENTRAL AIR-CONDITIONING,HEATING,PLUMBING AND WIRING SYSTEMS USED AND LOCATED ON 159. SAID PROPERTY SHALL BE IN WORKING ORDER ON DATE OF CLOSING, EXCEPT AS NOTED IN THIS AGREEMENT 160. BUYER HAS THE RIGHT TO A WALK-THROUGH REVIEW OF THE PROPERTY PRIOR TO CLOSING TO ESTABLISH THAT TH 161. PROPERTY IS IN SUBSTANTIALLY THE SAME CONDITION AS OF THE DATE OF PURCHASE AGREEMENT.SELLER AGREE 162. TO NOTIFY BUYER IMMEDIATELY IN WRITING OF ANY SUBSTANTIVE CHANGES FROM ANY PRIOR REPRESENTATIONS 163. REGARDING THE PHYSICAL CONDITION OFTHE PROPERTY. 164. BUYER ACKNOWLEDGES THAT NO ORAL REPRESENTATIONS HAVE BEEN MADE REGARDING POSSIBLE PROBLEMS OF 165. WATER IN BASEMENT OR DAMAGE CAUSED BY WATER OR ICE BUILDUP ON ROOF OF THE PROPERTY,AND BUYER RELIES 166. SOLELY IN THAT REGARD ON THE FOLLOWING STATEMENT BY SELLER: 167. SELLER ItHAS 0 HAS NOT HAD A WET BASEMENT AND 0 HASHAS NOT HAD ROOF WALL OR CEILING DAMAGE CAUSED ---..(cheekonc)--. on •ma--.-. 168. BY WATER OR ICE BUILDUP. BUYER❑HASHAS NOT RECEIVED A SELLER'S PROPERTY DISCLOSURE STATEMENT OR A .«---( WCSonel-..-.....- 169. SELLERS DISCLOSURE ELECTION FORM. BUYER HAS RECEIVEDTHE INSPECTION REPORTS,IF REQUIRED BY MUNICIPALITY. 170. /� �% ¢ - NOTICE 171. (�/ is 0 Sellers Agent yer's Agent 0 Dual Agent Facilitator (Ueensee) •-(cheek Me) 172. G f3 etA 2ti)!=T" (Company) 173, is 0 Seller's Agent 0 Buyer's Agent 0 Dual Agent 0 Facilitator (Jconsen) (deck anal 174. (Company) 175. THIS NOTICE DOES NOT SATISFY MINNESOTA STATUTORY AGENCY DISCLOSURE REQUIREMENTS. 176. DUAL AGENCY REPRESENTATION 177. PLEASE CHECK ONE OF THE FOLLOWING SELECTIONS: 178. J Dual Agency representation DOES NOT apply in this transaction. Disregard lines 179-192. 179. 0 'Dual Agency representation DOES apply In this transaction. Complete the disclosure in lines 180.192. 180. Broker represents both the Seller(s) and the Buyer(s)of the property involved in this transaction,which creates a dual agency. This 181. means that Broker and its salespersons owe fiduciary duties to both Seller(s)and Buyer(s). Because the parties may have conflicting 182. Interests,Broker and its salespersons are prohibited from advocating exclusively for either party. Broker cannot act as a dual agent In this 183. transaction without the consent of both Seller(s)and Buyer(s). Seller(s)and Buyer(s)acknowledge that: 184. (1) confidential information communicated to Broker which regards price,terms,or motivation to buy or sell will remain confidentia 185. unless Seller(s) or Buyer(s) Instructs Broker In writing to disclose this information. Other Information will be shared 186. (2) Broker and its salespersons will not represent the Interest of either party to the detriment of the other; anc 187. (3) within the limits of dual agency, Broker and its salespersons will work diligently to facilitate the mechanics of the sale 188. With the knowledge and understanding of the explanation above, Seller(s) and Buyer(s) authorize and instruct Broker and Its 189. salespersons to act as dual agents In this transaction. 190. (Seger) (8ugar) 191. (Seger) (euWr) 192. (Dalai (Data) MN:PA-3(8104) CBR 1042(8184) Owned and Operated By NRT,(nccrporated ,,t'Jp. ) COUMICu. PURCHASE AGREEMENT BANKS 193.Address 1,7 OQ /-7 - ,4i.I `n/ 194.Page 4 Date 0/214/0 t4 BURNET �p� 195. OTHER TN 14 O FF 1�/� <14TE c-1- -ro Vf1 C A-n h i� 0-1 P Mgt] R 16'1-+I- 1 K H 19s. c]T"V -rp ny -2t ?n 'n-I F7cTtn1T TNRT 7)-/E PROf f Fki1V7Y 1RL 5T.g11-t/C /' 197. r4 m7T PRinR 0� f1-T LDs/A" F' . 7y/S %L l4 At co 198. VA`d-(-R IS ; reee0v4I. (F /)14T //M P rem elm' Sl/W/N4 199. 1 t 1cfl'1 9 ooci /?oP n 7 / . 200. Other addenda may be attached which are made a part of this Purchase Agreement. (Enter total number of pages of this Purchase 201. Agreement,including addenda,on line two(2)of page one(1).) 202. I,the owner of the property,accept this Agreement and I agree to purchase the properly for the price and In accordance 203. authorize the listing broker to withdraw said properly from with the terms and conditions set forth above. 204. the market,unless instructed otherwise In writing. I have reviewed all pages of this Purchase Agreement. 205. I have reviewed all pages of this Purchase Agreement. 206. Off checked,this Agreement Is subject to attached • 207. Counteroffer Addendum. • r 208. X /1i( G "ti Z i (Seller's Signature) (Date) (Buyer's Signature) (Date) 209. X (Seller's Printed Name) (Buyer's Printed Name) 210. X ►�1 ) � (Marital Status) (Marital Status), p // 211. X (Seller's Signature? (Date) (Buyer's SI lure) Iti�,� 1 (Date) 212. X fec.(N (Seller's Printed Name) (Buyer's Printed Name) 213. X (Marital Status) (Marital Status) 214. FINAL ACCEPTANCE DATE 215. THIS IS A LEGALLY BINDING CONTRACT BETWEEN BUYER(S)AND SELLER(S). 216. IF YOU DESIRE LEGAL ORTAX ADVICE,CONSULT AN APPROPRIATE PROFESSIONAL. 217. I ACKNOWLEDGE THAT I HAVE RECEIVED AND HAD THE OPPORTUNITY TO REVIEW THE ARBITRATION DISCLOSURE AND 218. RESIDENTIAL REAL PROPERTY ARBITRATION AGREEMENT,WHICH IS AN OPTIONAL,VOLUNTARY AGREEMENT AND IS NOT PART OF THIS 219. PURCHASE AGREEMENT. /J 220. SELLERS) BUYER(S) X �✓ r i ' 6" r C 221. SELLER(S) BUYER(S) >71-Y U I MN:PA-4(8/04) CBR 1042B (8104) Owned and Operated By NRT,Incorporated • ARBITRATION DISCLOSURE AND coi,QWeu. RESIDENTIAL REAL PROPERTY BANKCR p ARBITRATION AGREEMENT This form approved by the Minnesota Association of BsUKt NEB-+ REALTORS®, which disclaims any liability arising out of use or misuse of this form. ©2003,Minnesota Association of REALTORS®,Edina,MN ARBITRATION DISCLOSURE You have the right to choose whether to have any disputes about the physical condition of the property that you are buying or selling decided by binding arbitration or by a court of law. By agreeing to binding arbitration you give up your right to go to court. By signing the RESIDENTIAL REAL PROPERTY ARBITRATION AGREEMENT("ARBITRATION AGREEMENT')below,you agite to binding arbitration under the Residential Real Property Arbitration System ("Arbitration System") administered by Construction Arbitration Services, Inc. (CAS) and endorsed by the Minnesota Association of REALTORS® (MAR). The ARBITRATION AGREEMENT is enforceable only if it is signed by all buyers,sellers,and licensees representing or assisting the seller and the buyer.The ARBITRATION AGREEMENT is not part of the purchase agreement. Your purchase agreement will still be valid whether or not you sign the ARBITRATION AGREEMENT. The Arbitration System is a private dispute resolution system offered as an alternative to the court system. It Is not government sponsored. CAS and the MAR lolntly adopt the rules that govern the Arbitration System. CAS and the MAR are not affiliated. Under the ARBITRATION AGREEMENT you must use the arbitration services of CAS. All disputes about or relating to the physical condition of the property are subject to arbitration under the ARBITRATION AGREEMENT. This Includes claims of fraud,misrepresentation,warranty and negligence. Nothing in this Agreement limits other rights you may have under Minnesota Statutes 327A (statutory new home warranties) or under private contracts for warranty coverage. An agreement to arbitrate does not prevent a party from contacting the Minnesota Department of Commerce,the state agency that regulates the real estate profession,about licensee compliance with state law. The administrative fee for the Arbitration System varies depending on the amount of the claim,but it is more than initial court filing fees. in some cases,conciliation court is cheaper than arbitration. The maximum claim allowed in conciliation court is$7,500. This amount is subject to future change. In some cases,it is quicker and less expensive to arbitrate disputes than to go to court,but the time to file your claim and pre-hearing discovery rights are limited. The right to appeal an arbitrator's award is very limited compared to the right to appeal a court decision. A request for arbitration must be filed within 24 months of the date of the closing on the property or else the claim cannot be pursued. In some cases of fraud,a court or arbitrator may extend the 24 month limitation period provided herein. A party who wants to arbitrate a dispute files a Demand,along with the appropriate administrative fee,with CAS. CAS notifies '. the other party,who may file a response. CAS works with the parties to select and appoint an arbitrator to hear and decide the dispute. A three-arbitrator panel will be appointed instead of a single arbitrator at the request of any party. The party requesting a panel must .,pay an additional fee.Arbitrators have backgrounds in law,real estate,architecture,engineering,construction or other related fields. . Arbitration hearings are usually held at the home site. Parties are notified about the hearing at least 14 days in advance. A party may be represented by a lawyer at the hearing if he or she gives 5 days advance notice to the other party and to CAS. Each party may present evidence,including documents or testimony by witnesses.The arbitrator must make any award within 30 days from the final hearing date.The award must be in writing and may provide any remedy the arbitrator considers just and equitable that is within the scope of the parties'agreement. The arbitrator does not have to make findings of fact that explain the reason for granting or denying an award. The arbitrator may require the party who does not prevail to pay the administrative fee. This Arbitration Disclosure provides only a general description of the Arbitration System and a general overview of the Arbitration System rules.For specific information regarding the adminstrative fee,please see the Fee Schedule located in the CAS Rules. Copies of the Arbitration System rules are available from CAS by calling(800)777-8119 Ext.509 or on the web at www.cas-usa.org or from your REALTOR®. If you have any questions about arbitration,call CAS at(800)777-8119 Ext.509 or consult a lawyer. THIS MAN OPTIONAL,VOLUNTARY AGREEMENT. READ THE ARBITRATION DISCLOSURE ABOVE IN FULL BEFORE SIGNING. RESIDENTIAL REAL PROPERTY ARBITRATION AGREEMENT For the property located at: 6(,OD J 19-AVE vki City of E.b•EN PRA•I I E ,County of J AJEP/A/ ' State of Minnesota. Any dispute between the undersi ned arties,or any of them,about or relating to the physical condition of the property covered by the purchase agreement dated I Z ,20 01-t ,including claims of fraud,misrepresentation,warranty and negligence,shall be settled by binding arbitration. Construction Arbitration Services,Inc.shall be the arbitration service provider.The rules,in effect at the time the Demand for arbitration is filed,adopted by Construction Arbitration Services, Inc.and the Minnesota Association of REALTORS®shall govern the proceeding(s). This agreement shall survive the delivery of the deed or contract for deed in the purchase agreement. This Agreement is only enforceable if all buyers,sellers and licensees representing or assisting the buyers and sellers have agreed to arbitrate as acknowledged by signatures below. xin. ;t;�— ll-zLl-vY (SeAtr'asionature) • (Date) (Boyar'Signature).- ," t (Dino) C. �/-104)97?,t, T� r CIA)-5 (Sallies Printed Name) (&ryer'Pa la�+13ma) ) 50 7 i,ia- ' iC///t '//ar/ (Salina Signature; (Dale! (Buyer' na m) U ' (Date) 'V Ar��(/ F XK iAv3 Name) (Sa0or's Printed Na ) (Boyar'Rd ad Nowt. f//01( (Licensee Raprestnang at Assisting Seller) (Dale) . (Licensee Representing of Assisting Buyer) (Date) elitRAIEr (Company Name) (Company Name) THE RESIDENTIAL REAL PROPERTY ARBITRATION AGREEMENT IS A LEGALLY BINDING CONTRACT BETWEEN BUYERS,SELLERS AND LICENSEES.IF YOU DESIRE LEGAL ADVICE CONSULT A LAWYER. MN:ADRAA(2/03) /1 Owned PM Operated By NRr Incorpnsa:ed:01H CBR 1042A(2103) FINANCING ADDENDUM COLDWeLL CONVENTIONAL OR PRIVATELY BANKeR CI INSURED CONVENTIONAL MORTGAGE This form approved by the Minnesota Association of BURNET REALTORS®,f use disclaimsaofany liability arising out of use or misuse of this form. 02004 Minn to Association of REALTORS®,Edina,MN 1.Date t)/Zy �t/ 2.Page 3. Addendum to Purchase Agreement between parties,dated !1/2 1 ,20 0 Y ,pertaining to the purchase 4. and sale of the property at 6b,00 /7 S Ave W 5. 6. There 0 IS •-FtIS NOT a Buyer's Financial Disclosure Statement submitted with this Purchase Agreement. (che kono)---.-- 7. Buyer shall apply for and secure at Buyer's expense a 8. gCONVENTIONAL❑PRIVATELY INSURED CONVENTIONAL['FIRST MORTGAGE AND SUBORDINATE FINANCING -..(chock ono) 9. • I 1X / mortgage in the amount stated in the Purchase Agreement, (➢zat ARM,etc.for tint martgogo) (fisod,ARM,olc.far subardlnala marlgogot 10.amortized monthly over a period of not more than 30 / years,with an initial mortgage Interest rate at no (first mongagol (subanknato morlgago) 11. more than N1 .I / percent (%) per annum.The mortgage application IS TO BE MADE WITHIN FIVE (5) (rent mort➢ago) (subordinslo mongago) 12. BUSINESS DAYS after the acceptance of this Purchase Agreement.Buyer agrees to use best efforts to secure a commitment 13.for such financing and to execute all documents required to consummate said financing. 14. FINANCING CONTINGENCY: This Purchase Agreement is contingent upon the following and applies only to the first 15.mortgage(check one): 16.XIf Buyer cannot secure a commitment for such mortgage, this Purchase Agreement is cancelled. Buyer and 17. Seller shall immediately sign a Cancellation of Purchase Agreement confirming said cancellation and directing all earnest 18. money paid hereunder to be refunded to Buyer. 19.❑ Buyer shall provide Seller,or licensee representing or assisting Seller,with a final underwriting approval commitment for the 20. loan specified in this Purchase Agreement,Including completed appraisal and stating all conditions required by the lender to 21. close the loan,on or before ,20 .If said commitment is not provided by said date,Seller may,at Seller's 22. option,declare this Purchase Agreement cancelled,up to the date of closing,by written notice to Buyer,or licensee representing 23. or assisting Buyer,in which case this Purchase Agreement is cancelled,unless Buyer fulfills this condition by providing the 24. underwriting approval commitment prior to such written notice of cancellation, in which case that condition has been 25. satisfied.If Seller cancels the Purchase Agreement,Buyer and Seller shall immediately sign a Cancellation of Purchase 26. Agreement confirming said cancellation and directing all earnest money paid hereunder to be refunded to Buyer.If said 27. commitment is not provided by said date and this Purchase Agreement does not close on the closing date specified,this 28. Purchase Agreement is cancelled. Buyer and Seller shall impediately sign a Cancellation of Purchase Agreement 29. confirming said cancellation and directing all earnest money paid hereunder to be refunded to Buyer.Upon delivery of said 30. commitment to Seller,or licensee representing or assisting Seller,the responsibility for satisfying all conditions,except work 31. orders,required by said commitement Is deemed accepted by Buyer.Upon delivery of said commitment,if the Purchase 32. Agreement does not close on the stated closing date for ANY REASON relating to financing,other than the Seller's failure 33. to complete work orders to the extent required by the Purchase Agreement,including but not limited to interest rate and 34. discount points,if any,Seller may,at Seller's option,declare this Purchase Agreement cancelled,in which case this Purchase 35. Agreement is cancelled.If Seller declares the Purchase Agreement cancelled,Buyer and Seller shall immediately sign a 36. Cancellation of Purchase Agreement confirming said cancellation and directing all earnest money paid hereunder to be 37, forfeited to Seller as liquidated damages,or,In the alternative,Seller may seek all other remedies allowed by law. 38.PRIVATE MORTGAGE INSURANCE (PMI): PMI may be required by the lending institution. Buyer agrees to pay all 39.subsequent years'mortgage insurance premiums as required by the lending institution.The said mortgage insurance 40.premiums will increase the mortgage amount unless paid In cash at closing. 41. DISCOUNT POINTS: If Seller has agreed to pay discount points pursuant to this Purchase Agreement, a Financing 42.Addendum Seller's Contribution to Closing Coasts and Discount Points must be attached. Nothing in this Purchase Agreement 43.shall prohibit Buyer from paying any mortgage discount points. 44.LOCKING OF MORTGAGE INTEREST RATE ("RATE"):The Rate shall be locked with the lender by Buyer: 45. (check one) 46.❑ WITHIN FIVE(5)BUSINESS DAYS OF FINAL ACCEPTANCE OFTHIS PURCHASE AGREEMENT;OR 47.DX AT ANYTIME PRIOR TO CLOSING OR AS REQUIRED BY LENDER. • 48. THIS IS A LEGALLY BINDING CONTRACT BETWEEN BUYER(S)AND SELLER(S). 49. IF YOU DESIRE LEGAL OR TAX ADVICE,CONSULT AN APPROPRIATE PROFESSIONAALr +f MN:FACM-1 (8/04) CBR 1047 (8/04) Owned and Operated By NRT,Incorporated jp/ At Ili' /) II • FINANCING ADDENDUM COLDWCLL CONVENTIONAL OR PRIVATELY BANKGR o INSURED CONVENTIONAL MORTGAGE B1.J] NET 50.Page 51. Property,located at t oo /7 ',¢vim i/V 52. LENDER COMMITMENT WORK ORDERS: Nothing in this Purchase Agreement shall be construed as a w rranty that 53. Seller shall make repairs required by the Lender commitment.However,Seller agrees to pay up to$ to 54. make repairs as required by the Lender commitment.If the Lender commitment is subject to any work ord s for which the cost 55. of making said repairs shall exceed this amount,Seller shall have the following options: 56, (a) making the necessary repairs;or 57, (b) negotiating the cost of making said repairs with Buyer;or 58. (c) declaring the Purchase Agreement cancelled, in which case this Purchase Agreement is cancelled. 59. Buyer and Seller shall immediately sign a Cancellation of the Purchase Agreement confirming said 60. cancellation and directing all earnest money paid hereunder to be refunded to Buyer, unless Buyer provides for 61. payment of the cost of said repairs or escrow amounts related thereto above the amount specified on line 53 of this Addendum. 62. OTHER: 63. 64. x / �rf/� �j12-ice (Bolton (Onto) (Buyer) (Onto) 65. x� /G�l�d.� ,��rP�.�I.� ///,/) (Seller) (Dale) (Buyer) U onto) 66. THIS IS A LEGALLY BINDING CONTRACT BETWEEN BUYER(S)AND SELLER(S). 67. IF YOU DESIRE LEGAL OR TAX ADVICE,CONSULT AN APPROPRIATE PROFESSIONAL. MN:FACM-2(8/04) CBR 1047A (8/04) Owned and Operated By NRT,Incorporated • • ( INSPECTION CONTINGENCY COLD WELL ADDENDUM BANKCR This form approved by the Minnesota Association of REALTORS®.which disclaims any liability arising out of use or misuse of this form. BT' I%ll f CT m 2004 Minnesota Association of REALTORS®,Edina,MN LJAlVj,J 1. Date tI f2 OAF 2. Page 3. THE PROPERTY,IF NOT NEW,CANNOT BE EXPECTED TO BE IN NEW CONDITION. 4. ROUTINE MAINTENANCE ITEMS ARE NOT PART OF THIS ADDENDUM. 5. Addendum to Purchase Agreement between parties,dated f i/7 440`( ,20 , pertaining to the 6. purchase and sale of the property at Won() f 75'�``AVE IN 7, 8. This Purchase Agreement is contingent upon inspection(s) of the property to determine the condition and 9. performance relative to the intended function of the following checked items: 10.1 t Basement i-1 Electrical system n Plumbing system 11.n Ceilings n Exterior i- Roofs 12.t- Central cooling system Floors I I Walls 13.r Central heating system l-i Foundation I i Windows 14.I I Other(specify): 15. 16. 17. 18.,) , Complete home inspection 19.Any inspection shall be done by an Inspector(s)of Buyer's choice. The Inspector(s)should be qualified to do the 20.Inspection, as evidenced by a license or professional designation. Buyer shall satisfy Buyer as to the 21.qualifications of the Inspector(s). 22.Said inspection(s)shall be at the Buyer's sole expense. • 23.Seller agrees to make the property reasonably available for said inspection(s). 24.Any inspection or test done by FHA,DVA or any other governmental unit shall be done and paid for in accordance 25.with the applicable regulations and are not part of this Inspection Contingency. 26.For the purposes of this Addendum, "business days" shall end at 11:59 p.m. and do not include 27.Saturdays,Sundays and state and ,,federal holidays. 28.All Inspection(s)shall be done withinitp�_business days of final acceptance of this Purchase Agreement. If Buyer 29.or anyone representing Buyer discovers any defects in the above-specified components of the Eroperty,Buyer must 30.notify Seller,or licensee representing or assisting Seller,In writing,describing such defects,within business days 31.after all the inspection(s). 32.if Buyer notifies Seller,or licensee representing or assisting Seller,of such defects,and if within 2. - business 33.days after such notice Buyer and Seller have not agreed irf writing as to whether repairs shall be performed, 34.defects waived or an adjustment to the purchase price made,the Purchase Agreement is cancelled without further 35.notice required. Buyer and Seller shall immediately sign a Cancellation of Purchase Agreement confirming said 36.cancellation and directing all earnest money paid.hereunder to be refunded to Buyer,and thereafter neither party 37,shall have any further liability to the other. 38.However,notwithstanding any provision to the contrary or any notice given,the Buyer may unilaterally waive defects, 39.providing that Buyer notifies Seller,or licensee representing or assisting Seller,of waiver in writing,within the time specified. 40.if Buyer fails to have the inspection(s)performed within the time specified above,or does not notify Seller within the time 41.specified above,then thiscontingency shall be deemed removed andthe Pu rchase Agreement shall be in full force and effect. 42.Notwithstanding any other provision of this Purhcase Agreement,Buyer may,based on the inspection(s),declare this 43.Purchase Agreement.cancelled by written notice to Seller, or licensee representing or assisting Seller 44.within business days of the inspection(s),in which case this Purchase Agreement is cancelled. In the event Buyer 45.declares this Purchase Agreement cancelled, Buyer and Seller shall immediately sign a Cancellation of Purchase 46.Agreement confirming said cancellation and directing all earnest money paid hereunder to be refunded to Buyer. 47.Nothing herein invalidates the warranties agreed to in lines 158-159 of the Minnesota Association of REALTORS@ 48.approved Purchase Agreement. 49.Seller or licensee representing or assisting Seller$SHALL SHALL NOT have the right to continue to offer the 50.property for sale until this contingency Is removed. f'. J 51. x KcltitAl �it�/. )1`Z��- ( L� . • (Saar) (Dela) ( ri (Dale) 52. K ' l& . "'" 6 ///.2/[/!L/,/0/!/y�/ (saw (Dale) (Buyer) I / (Dale( 53. THIS IS A LEGALLY BINDING CONTRACT BETWEEN BUYER(S)AND SELLER(S). 54. IF YOU DESIRE LEGAL OR TAX ADVICE,CONSULT AN APPROPRIATE PROFESSIONAL. -MN:1CA(8/04) CBR 1123 (8/04) Owned and Operated By NRT,Incorporated i COZ.DWe1.1. BUYER PURCHASING "AS IS"ADDENDUM BANK(eR 0 This form approved by the Minnesota Association of REALTORS®.which disclaims any liability arising BTT N ET out of use or misuse of this form. U�V 0 2004 Minnesota Association of REALTORS®,Edina,MN o 1. Date I I 1 1 Yl0 q 2. Page 3. Addendum to Purchase Agreement between parties,dated 1 I l i y/d li ,20 , pertaining to the 4. purchase and sale of the property at 6(,,06 17 ci Al/E V\/ 5. 6. CONDITION OF PROPERTY: The property being purchased by Buyer, including the dwelling, other 7. improvements,fixtures,appliances and personal property,is not new and is being purchased"AS IS" • 8. (check appropriate box): 9. nBuyer has received and had an opportunity to review the Seller's Property Disclosure Statement; 10, or 11) Buyer has received and had an opportunity to review the Seller's Disclosure Election form. 12,RIGHT OF INSPECTION: Buyer shall have the right to inspect the property or to 13.have it inspected by a person of Buyer's choice, at Buyer's expense. Buyer shall have the right to make 14.a pre-closing inspection of the property to determine that the property is in the same condition as of the date 15.of this Addendum. 16.SETTLEMENT IS FINAL:It is understood that Buyer accepts the property"AS IS." ANY WARRANTIES OF 17.PHYSICAL CONDITION OF THE PROPERTY CONTAINED IN THIS PURCHASE AGREEMENT ARE 18.VOID. This provision shall survive delivery of the deed or contract for deed. 19.OTHER: ,1 jl i . .. 20. C In/IQI. Od l/-7G/-t1/ (Seller) (Date) (Buyer) • (Date) 21. I) / • ?<•': ( (7.4e/j r7ete-th7 C g (Seller) (Date) '(Buyer) / (�J 22. THIS IS A LEGALLY BINDING CONTRACT BETWEEN BUYER(S)AND SELLER(S). 23. IF YOU DESIRE LEGAL OR TAX ADVICE,CONSULT AN-APPROPRIATE PROFESSIONAL. • MN:BPAIA(8/04) CBR 1061 (8/04) Owned and Operated By NRT,Incorporated • 11/24/2004 12:16 9529498392 EDEN PRAIRIE PAGE 02 M.S.8.A.Real Property Form No.15 (June 2003) PAGE 2 of 9 CONDITION OF THE PROPERTY I Seller: if you are using M.S.B.A. Real Property Form No. 1, Minnesota S.pndarr.(Residential 2 Purchase Agreement f©2002), skip this section on "Compliance Wth Sta ute." it duplicates s Paragraph 10.,E., of your purchase agreement. 4 s COMPLIANCE WITH STATUTE e Seller and Buyer may agree to inspections conducted by Buyer regardless of h)w Seller and Buyer decide to comply with this disclosure law. If Buyer wants an Inspection,the I urchase agreement a should include provisions for a Buyer-obtained Inspection. • 9 Pursuant to Minnesota Statutes sections 513.52-513.60(effective January 1,2003 „.to comply with the IQ statute: Seller must provide a written disclosure [see (1) below], or Buyer mi.st have received an it Inspection report[see(2)below],or Buyer and Salter may waive the written disclose re requirements[see 12 (3)below]. This compliance Is for Seller's real property located at(street eddressj 13 14 (SELECT ONLY ONE OF THESE THREE J ,5 1 i7'• d iSi3lfd :s bfsc(c sure Sdifefcid`...rovidirwc ;`_`a:V!'rltt0ii'dI,Cl$st7te}o<iu e ' S`efler' Isetosi re i'� is ;.,;, .la;, ,16Cluded in thisform•oh` 'ap`a 3::seirers o1i ecsrrOt t iti wtltici"•';a±(ry1.{;.jn Y. tires'i th d sclasuf: ; i - f'pL cP t;r;: 1 •'�:aas= cioii;s',.e'£�sna::ib(• "d3`51 le dtet�Cfoslti���.. _ ]��P. ri, ,:ice 'ir= IN [_,J (2) Inspection Report. (If(2)is selected,pages 3-8 of this form may be d},carded.) Buyer has 19 received an inspection report by a qualified third-party. If a copy of th:Inspection report is 20 provided to Seller,Seller shall disclose to Buyer material facts known to Seller that contradict I 21 any information in the inspection report. Seller's disclosure of contra iictory information is 22 below on page 2 of this form. • • .:„disco x3 i' ))3 ' ishier�bi`•btadlaatire 'I. IA. e•]eefe,vr••,a,es; H o?::itiis.?.:4V i a. d d :a?: 1+ �•o' rry,e `_W�Fe'� gs�I tl lit:}ii `dti,,2: !B rn 'blare,..1,..a 4,--• •,"- aive,-- ritt ri°.cl( c g Ii ''{i`ictl M 'isft: ::;:t ': I ::am 4•K: •.s- zs ;;re 'tir'`if:�' b 'is's' '3`• - "'�±: - t e una r•:sectl n 5) LSD=to=513;6U'_ -.-. :•e..I r.`r:r 1.L ..1.: 3.::,:nr 26 t:')O::N°.4.SIG`1141 n RLc-UNI ESS!:WAf.1tER':5 S)=GeGT R.;:e:'';; ;;;::;5;r::▪ ;E:; • • ,t: .....:.... a,i.i T:P�'4:'w i +••tip'' f:l d': }rb Li:�...".jC i•j C:�.Y 27 4, .,:rr'r ter. : 28 ':r s,rz;s -- •:t'iis �s'.n �S▪ ±!ri z9 A•t�: fl. �4}'ji'. :c-/-)1) 1J 31 32 SELLER'S DISCLOSURE OF CONDITIONS 33 CONTRADICTORY TO THE INSPECTION REPORT 34 3s If a copy of the inspection report has been provided to Seller, Seller discloses tc Buyer material-facts Tr, known by Seller that contradict any information included in the written inspection n port: 31 38 -39 •10 41 42 43 14 as (Use additional sheets if necessary.] +s NOTICE REGARDING PREDATORY OFFENDERS: Information about the predatory offender 47 registry and persons registered with the registry may be obtained by cont acting the local law .i enforcement agency or by contacting the Minnesota Department of Correctic'Ts at 851-842-0200 49 or at http:ffwww,doc.state.mn.us. NWU-24-200.4 11:16 9529498392 99% P.02 ADDENDUM TO PURCHASE AGREEMENT This Addendum is a modification of the Purchase Agreement dated November 24,2004, by and between the City of Eden Prairie,as Seller,and Richard and Mary Perkins,as Buyer,for the property located at or described as:6600 175th Avenue West,Eden Prairie,Hennepin County,State of Minnesota,legally described as Lot 6,Block 2, Sunset Ridge. 1. Line 45 is amended to state:Utility Easement as described on the attached hereto as Exhibit A and as further depicted on the Utility Easement drawing prepared by Hansen,Thorp,Pellinen,Olson,Inc.attached hereto as Exhibit B. 2. Line 130 is amended to delete the reference to 2004 and insert 2005. 3. Line 132 is amended by deleting the reference to 2004 and inserting the reference to 2005, • 4. Lines 197 to 199: By execution of this Addendum,Buyer confirms that it has received a plat map from the Seller identifying the location of the easement on the property and hereby approves the easement and its location,By this approval, Buyer agrees to purchase the property subject to the Utility Easement described on Exhibit A. BUYERS: Date: Richard Perkins Date: Mary Perkins SELLER:City of Eden Prairie Date: By: Nancy Tyra-Lukens ' Its: Mayor Date: By: Scott Neal Its: City Mayor P:\HomcM3P Community Dev\16301 Valley View ADDENDUM TO PA-1-113004 wpd CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar December 7, 2004 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.:VI. G. Robert A. Lambert, Director City of Eden Prairie vs.Realife Parks&Recreation Incorporative Requested Action Move to: Authorize removing the requirement of Realife Inc.to construct the trail connection from Realife Valley View Cooperative property to the trail around Smetana Lake. Synopsis As a part of the developer's agreement for Realife Valley View Cooperative, the developer committed to constructing a trail/stair from the south side of their property to the trail around Smetana Lake. The developer has refused to construct that trail connection because he has indicated that the people living at Realife did not want the trail connection. Staff indicated to Jack Berry, President of Realife Valley View Cooperative that if the Board of Directors voted to request the City to refrain from installing the trail connect, City staff would recommend the City Council relieve the developer from that responsibility. Background Recently the City of Eden Prairie granted Realife Cooperative a license to operate a community garden on City park land adjacent to Realife Cooperative. The proposed access for the public to that garden area was to be the trail connection referenced above. If the City Council does not require the trail connection, Realife Valley View Cooperative must provide an easement from their parking lot, across their property to the garden plots to, at least theoretically, provide the public with access to those"community gardens plots". If Realife Valley View Cooperative fails to provide that access the license will be revoked and Realife Cooperative would be required to remove those garden plots from public land. Attachment Jack Berry letter—November 22, 2004 Use of City Property letter—November 10, 2004 1 • Mayor Nancy Tyra-Lukens 8080 Mitchell Road Eden Prairie, MN 55344 A brief note to follow—up on our letter earlier this month regarding having the developer of Realife Eden Prairie build stairs from the upper garden area of our property to the bike and walking trail. At the regular November Board Meeting of our Coop. the Board approved by a.vote of seven to zero these two motions: Motion—Ken Fenton moved the Board request the City of Eden Prairie refrain from installing an outside stairway from the upper • garden area to the city's walking-biking trail that encircles Lake Smetana. • Motion—June Gilbert moved,to grant the Board's President authorization to sign an easement with the City of Eden Prairie if so requested, granting the City to allow the public the right to use the city--owned p propertyif the propertyno longer used for tY-- �is • gardens. Both motions passed, with all Board Members participating, 7 yes, 0 no. Sincerely, Jack W. Berry, President Realife Valley View Coop. • November 22, 2004 • November 10,2004 Jack Berry President of the Real Life Cooperative Board of Directors 10785 Valley View Road Eden Prairie,MN 55344 RE:Use of City Property Dear Mr.Berry; The License Agreement between the City and the Cooperative requires the Cooperative to execute such other documents as are necessary to effectuate the provisions of the License Agreement.The License Agreement allows Eden Prairie residents to use the Garden Plots after members of the Cooperative have first had the chance to reserve a plot. The trail connection called for in the Developers Agreement would provide access for the public to the Garden Plots.If the trail connection is not constructed the City will require that the Cooperative grant an easement to the City across the property of the Cooperative providing access to the Garden Plots by those members of the public who have been granted the right to use the Garden Plots.If the Cooperative fails to grant the access easement the City will find it necessary to cancel the License Agreement and require the Cooperative move its Garden Plots off of City property. If you have any further questions regarding the License Agreement,please feel free to contact me at 952-949-8440. Sincerely, City of Eden Prairie Robert A.Lambert Director of Parks and Recreation RAL/bju CITY COUNCIL AGENDA DATE: SECTION: Public Hearings 12/07/04 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.:VII.A. Community Eden Heights Estates Development/Planning Janet Jeremiah Scott Kipp Requested Action Move to: ' • Close the Public Hearing; and • Adopt the Resolution for Planned Unit Development Concept Review on 24.78 acres;and • Approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers,and Zoning District Change from R1-22 to R1-13.5 on 18.62 acres;and • Adopt the Resolution for Preliminary Plat on 24.78 acres into 47 lots;and • Direct Staff to prepare a Development Agreement incorporating Staff and Board recommendations and Council conditions. Synopsis This is for a single-family subdivision for 47 lots,to include 39 lots for new single-family homes and 8 lots with existing single-family homes. Community Planning Board Recommendation The Community Planning Board voted 7-0 to recommend approval of the project to the City Council at its November 22, 2004 meeting. Background Information The proposed density is 2 units per acre for the 18.62 acres to be zoned R1-13.5. The density of the overall 24.78 acre project area,including the single-family lots along Hilltop Road is 1.9 units per acre. The following waivers are proposed as part of the Planned Unit Development: 1. Lot size less than 13,500 sq.ft.for Lots 5—11,Block 1,and Lot 1,Block 3. The lot sizes vary between 12,041 sq. ft.and 12,854 sq.ft.to accommodate the upgrade of Pioneer Trail and to provide room for a trail.The trail could be located in an easement and then there would be no lot size waivers;however it is better for the City if the trail is under public ownership and not located on private property. City Council Agenda Public Hearings-Eden Heights Estates December 7,2004 Page 2 2. Lot frontage less than 85 feet for Lots 12-14,Block 3. The lot frontages vary between 48 feet and 80 feet. The street could be redesigned to have a"bubble"cul-de-sac and the lots would meet the 55 foot requirement.However the plan is better with less pavement and more green space in the front yards. The plans have been revised according to the staff report. Attachments 1. Resolution for PUD Concept Review 2. Resolution for Preliminary Plat 3. Staff report dated November 19, 2004 4. Draft Community Planning Board minutes dated November 22, 2004 EDEN HEIGHTS ESTATES CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2004- A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF EDEN HEIGHTS ESTATES FOR PREMIER DEVELOPMENT OF THE TWIN CITIES 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 November 22,2004, on Eden Heights Estates by Premier Development of the Twin Cities 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 December 7, 2004. NOW,THEREFORE,BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. Eden Heights Estates, 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 November 29,2004. 3. That the PUD Concept meets the recommendations of the Community Planning Board of November 22, 2004. ADOPTED by the City Council of the City of Eden Prairie this 7th day of December, 2004. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen Porta, City Clerk EXHIBIT A PUP Concept-Eden Heights Estates Legal Description: Lot 3,Except the westerly 100 feet thereof,Block 1,Eden Heights The Westerly 100 feet of Lot 3,Block 1,Eden Heights Lots 4—8,Block 1,Eden Heights Lots 12— 13,Block 1,Eden Heights The westerly 100 feet of Lot 14,Block 1,Eden Heights. Lot 14, except the Westerly 100 feet thereof, and Lot 15,except the East 90 feet of the South Half thereof,Block 1,Eden Heights. The Westerly 100 feet of Lot 16,Block 1,Eden Heights. Lot 16, except the Westerly 100 feet thereof,Block 1,Eden Heights. The Westerly 100 feet of Lot 17, Block 1,Eden Heights. Lot 17, except the Westerly 100 feet thereof,Block 1,Eden Heights. EDEN HEIGHTS ESTATES CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2004- RESOLUTION APPROVING THE PRELIMINARY PLAT OF EDEN HEIGHTS ESTATES FOR PREMIER DEVELOPMENT OF THE TWIN CITIES BE IT RESOLVED,by the Eden Prairie City Council as follows: That the preliminary plat of Eden Heights Estates for Premier Development of the Twin Cities stamp dated November 29, 2004, and consisting of 24.78 acres into 47 lots, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 7th day of December, 2004. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen Porta, City Clerk STAFF REPORT TO: Community Planning Board THROUGH: Michael D.Franzen,City Planner FROM: Scott A.Kipp, Senior Planner DATE: November 19,2004 SUBJECT: Eden Heights Estates APPLICANT: Premier Development,Inc. FEE OWNERS: Allen L.Nash Fred Wong C.Richard Perkins and Mary Perkins Douglas and Cynthia Christensen Scott Brau and Marie O'Brien Brau Peter and Diane Jorgensen Thomas and Martha Bolke Michael and Carol Clarke John and Caryl Hansen Scott and Candice Fiedler Krista and Patrick D.Maynard Duane A.Auseth Tim and Nancy Burgett John and Liz DeMinico LOCATION: South of Pioneer Trail,north of Hilltop Road,west of Eden Prairie Road REQUEST: 1. Planned Unit Development Concept Review on 24.78 acres. 2. Planned Unit Development District Review with waivers on 24.78 acres. 3. Zoning District Change from R1-22 to R1-13.5 on 18.62 acres. 4. Preliminary Plat on 24.78 acres into 47 lots, and road right-of-way. Staff Report—Eden Heights Estates November 19,2004 Page 2 BACKGROUND The Comprehensive Guide Plan shows the property as low density residential for up to 2.5 units per acre. Surrounding land use consists of low density residential. The property is zoned R1-22 single-family. Surrounding zoning is R1-22 to the east and south, R1-9.5 to the west, and R1-13.5 to the north. PRELIMINARY PLAT The proposed plan is for 47 single family lots of which 39 lots will be for new homes and 8 lots will be for the existing homes that will remain along Hilltop Road. The proposed density is 2 units per acre for the 18.62 acres to be zoned R1-13.5. The density of the overall 24.78 acre project area, including the single-family lots along Hilltop Road is 1.9 units per acre. The lots being rezoned to R1-13.5 meet the minimum lot size and dimension requirements, except for eight lots fronting Pioneer Trail, and three lots in the southeast corner. These lots will require waivers and will be addressed in the PUD Waiver section. All proposed and existing houses meet the setback requirements for the R1-13.5 and R1-22 zoning districts. One new lot along Hilltop Road is referred to as Outlot A. This should be designated as a Lot and Block number. Additional right-of-way is provided along Pioneer Trail to accommodate its future widening. PLANNED UNIT DEVELOPMENT&WAIVERS The following waivers are proposed as part of the Planned Unit Development: 1. Lot size less than 13,500 sq. ft. for Lots 5— 11,Block 1, and Lot 1,Block 3. The lot sizes vary between 12,041 sq. ft. and 12,854 sq. ft. to accommodate the upgrade of Pioneer Trail and to provide room for a trail.The trail could be located in an easement and then there would be no lot size waivers; however it is better for the City if the trail is under public ownership and not located on private property. 2. Lot frontage less than 85 feet for Lots 12-14,Block 3. Staff Report—Eden Heights Estates November 19,2004 Page 3 The lot frontages vary between 48 feet and 80 feet.The street could be redesigned to have a"bubble"cul de sac and the lots would meet the 55 foot requirement.However the plan is better with less pavement and more green space in the front yards. GRADING AND TREE LOSS The tree inventory shows1,413 diameter inches of significant trees on site. Tree loss is 1,413 diameter inches.Tree replacement is 1,879 caliper inches. The plan provides the required caliper inches. DRAINAGE AND UTILITIES All storm water will be treated to NURP standards Sanitary sewer and water will be provided to the site from existing water along Pioneer Trail and sanitary sewer along Eden Prairie Road. The water main will be extended to Hilltop Road to provide a for a looped water main system when Hilltop Road is improved with sewer and water in the future. A drainage and utility easement will need to be obtained by the developer from the property owner to the east of the site to connect the storm sewer and sanitary sewer to the existing lines in Eden Prairie Road. PEDESTRIAN SYSTEM A sidewalk will be installed within the development and will connect to the existing/future trail along Pioneer Trail PIONEER TRAIL ACCESS A full access to the property is proposed at Gateway Lane as recommended by Hennepin County. Since Pioneer Trail plans are in the early design stages, it will be important that the developer continue to work with the County to coordinate grading, drainage, and utility plans and construction. FLYING CLOUD AIRPORT Flying Cloud Airport is located approximately %Z mile to the east. The proposed development is not within any runway protection zone,state safety zone, or within the DNL 60 dBA noise contour or higher threshold where aircraft noise can impact residential land use. Staff Report—Eden Heights Estates November 19,2004 Page 4 STAFF RECOMMENDATION Recommend approval of the following request: • Planned Unit Development Concept Review on 24.78 acres. • Planned Unit Development District Review with waivers on 24.78 acres. • Zoning District Change from R1-22 to R1-13.5 on 18.62 acres. • Preliminary Plat of 24.78 acres into 47 lots and road right-of-way. This is based on plans dated November 10, 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. B. Install erosion control on the property, as well as tree protection fencing at the grading limits in the wooded areas for trees to be preserved as part of the development. Said fencing shall be field inspected by the City Forester prior to any grading. 3. Prior to building permit issuance for the property,the proponent shall: A. Provide a tree replacement/landscaping surety equivalent to 150%of the cost of the tree replacement/landscaping for 1,879 caliper inches. B. Pay the Cash Park Fee. 4. The following waivers are granted through the PUD for the project: A. Lot size less than 13,500 sq. ft. for Lots 5— 11, Block 1, and Lot 1,Block 3. B. Lot frontage less than 85 feet for Lots 12-14,Block 3. Planning Board Minutes November 22,2004 VI. PUBLIC HEARINGS A. EDEN HEIGHTS ESTATES by Premier Development. The location of this site is the southwest corner of Pioneer Trail and Eden Prairie Road. This is a request for Planned Unit Development Concept Review on 24.78 acres,Planned Unit Development District Review with waivers on 24.78 acres,Zoning District Change from R1-22 to R1-13.5 on 18.62 acres,and Preliminary Plat of 24.78acres into 47 lots. Nathan Jones, of Premier Development, stated that the plan is to develop 38 single- family lots on approximately 19 acres and 8 existing homes will be replatted. There are 14 property owners with 6 of those.on Pioneer Trail and 8 on Hilltop Road. He stated that when Premier Development first looked at this project they looked at the 6 homes on Pioneer Trail and had a meeting with these residents. There was very little opposition to this plan. Hilltop property owners wanted to be included in the proposal. Premier Development is also working with the County on this project. With this site,previous land builders were proposing higher density use of this land. Premier Development is proposing 2 units per acre, which is consistent with the guide plan. Jones stated that there have been a lot of misconceptions with the previous builders. Because of that,.Premier Development has been very proactive with keeping the details of the development open to the property owners and to the residents of the area. Jones stated that some of the details of the development are that they want to begin with demolishing 6 homes::in May of 2005. Premier Development has entered into an agreement with a homebuilder who is in the Lake Elmo region. These units will be single-family owner occupied in the 600,000 to 700,000 price range and the minimum square footage would be in the 3,000 square foot range. James stated that Premier Development has worked with the City guide plan and also with the residents and would welcome any comments. Stoelting asked Mr. Jones to address the issue of the waivers that Premier Development is requesting, Jones stated that the first waiver would be a lot size less than 13,500 sq. ft. for lots 5-11. There would also be an easement by the trail. Franzen stated that the original plan did not contain any waivers and that this was brought about by recommendations from the Staff. The Staff suggested that a trail be put in on private property with an easement. The concern was as to who would own this trail so that is how the waiver came about. The waiver was for right away dedication. Franzen stated that it is easier to explain to homeowners where their property ends and where the trail starts and where the City is to maintain. The second waiver was the bubble off of lot 13 and 14. The code said that the street frontage could go as low as 55 ft. The Board saw this as more maintenance for the City. Planning Board Minutes November 22,2004 Franzen stated that the staff recommendation is for approval of recommendation 1- 4 on page 4 of the staff report. Stoelting opened the meeting up to the public. John Hansen, of 16200 Hilltop Road, stated that he does see a traffic problem on Pioneer Trail but feels that the upgrading of the road should make it work. Steven Schmidt, on Gateway, is a new owner as of the past 6 months. He stated he is concerned with the traffic coming out of the development onto Pioneer Trail. Richard Perkins, of 16351 Pioneer Trail,stated that as far as traffic, he feels that with improvements to the road it should be just fine and he is in favor of this project. Stoelting summarized the concern of the public input. Traffic seemed to be the major concern and Mr. Gray will address the traffic concerns on Gateway and Pioneer Trail. Gray responded by stating that traffic is tough in the area of Pioneer Trail,but the construction of the new 212 should take away a lot of that traffic on Pioneer Trail. This project should be completed in about 3 years,if everything stays on track. He stated the future of Pioneer Trail traffic will continue;to grow as it is developed to the west of the area and the southeast part of Chanhassen. Gray stated that in the future,Pioneer Trail should be a four-lane road with a median. The City picked this location for better traffic movements in the Pioneer Trail area. Brooks asked what the lot prices are for the lots adjacent to Pioneer Trail. Mr. Jones stated that the lots by Pioneer Trail would be in the upper 100's. Brooks stated that he liked the project but has a question about economics. When seeing house prices from 650,000 to 800,000, and not seeing other projects in that price range in that area his question would be what happens if these lots are slow to resale? Do they get rezoned for town homes? And the other issue is who is to maintain these lots if they are not selling. Franzen stated that these lots are comparable to lots in Stone Gate. He stated that if the Board looks at this project and gets approval for a preliminary plat and rezoning to single family,the Board will enter into a contractual agreement with the contractor. The only way to change the lots after they start building them is to go through the City;which can be difficult once the land is platted. The tree replacement will be used for the buffer. Franzen stated that the issue of maintenance of the lot would be that there is a weed inspector that would go out to the area when it is up to 10 inches. It would be to the contractor's best interest to keep these homes well maintained for sale purposes. Planning Board Minutes November 22,2004 Kacher stated that he wanted to commend the developer,the neighborhood and the City for how they worked together for this project. Kacher stated that it is a good example of community work in action. Seymour stated he wanted to concur with Kacher and that this proposal had come along way since the last proposal. He stated he also wanted to commend the developer and the residents for coming together for a workable project. Sutherland agreed with the other Board members as to what a difference this meeting has been as compared to the last proposal. Stoelting concurs with the fellow Board members and stated that it is good to see everyone working together. MOTION by Nelson, second by Seymour,to close the public hearing. Motion carried 7-0. MOTION by Nelson, second by Seymour,to recommend approval of a request for Planned Unit Development Concept Review on 24.78 acres,Planned Unit Development District Review with waivers on 24.78 acres,Zoning District Change from R1-22 to R1-13.5 on 18.62 acres, and Preliminary Plat of 24.78 acres into 47 lots, based on plans dated November 10,.2004, subject to the recommendations of the staff report dated November 19,2004,to the City Council. Motion carried 7-0 CITY COUNCIL AGENDA DATE: SECTION: Public Hearings 12/07/04 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII.B. Community Hennepin Village Site C Rezoning Development/Planning Janet Jeremiah Regina Herron Requested Action Move to: • • Close the Public Hearing; and • Adopt the Resolution for Planned Unit Development Concept Amendment on 11.99 acres; and • Approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Change from RM-6.5 to R1-9.5 on 11.99 acres; and • Adopt the Resolution for Preliminary Plat on 11.99 acres into 40 lots; and • Direct Staff to prepare a Development Agreement incorporating Staff and Board recommendations and Council conditions. Synopsis This is for an amendment to the approved Hennepin Village plan unit development to rezone 11.99 acres from multiple family to single family for 40 single family homes. The project requires the following waivers for lot size, setbacks, and density in the R1-9.5 zoning district: • Lot size from 9,500 SF to 3,240 SF. • Density from 3.5 units per acre to 6.89 units per acre. • Site area per unit from 9,500 SF to 7,200 SF. • Lot width from 70 feet to 36 feet. • Lot depth from 100 feet to 95 feet. • Front yard setback from 30 feet to 10 feet. • Rear yard setback from 20 feet to 10 feet. • Side yard setback from 5 feet minimum and 15 feet total to 5 feet minimum and 10 feet total. These are the same waivers granted for the other areas in the planned development that are zoned R1-9.5. Community Planning Board Recommendation The Community Planning Board voted 7-0 to recommend approval of the project at its November 22,2004 meeting. Attachments 1. Resolution for PUD Concept Review 2. Resolution for Preliminary Plat 3. Staff report dated November 22,2004 4. Draft Community Planning Board minutes dated November 22,2004 HENNEPIN VILLAGE SITE C REZONING CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2004- A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF HENNEPIN VILLAGE SITE C REZONING FOR HENNEPIN VILLAGE LP 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 November 22,2004, on Hennepin Village Site C Rezoning by Hennepin Village LP 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 December 7,2004. NOW,THEREFORE,BE IT RESOLVED by the City Council of Eden Prairie, Minnesota,as follows: 1. Hennepin Village Site C Rezoning,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 December 7,2004. 3. That the PUD Concept meets the recommendations of the Community Planning Board of November 22,2004. ADOPTED by the City Council of the City of Eden Prairie this 7th day of December, 2004. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen A.Porta, City Clerk EXHIBIT A PUD Concept-Hennepin Village Site C Rezoning Legal Description: Blocks 5, 6, 7 and 8, and Outlots D and E of Eagle Ridge at Hennepin Village One. HENNEPIN VILLAGE SITE C REZONING CITY OF EDEN PRAIRIE HENNEPIN COUNTY,NIINNESOTA RESOLUTION NO.2004- RESOLUTION APPROVING THE PRELINIINARY PLAT OF HENNEPIN VILLAGE SITE C REZONING FOR HENNEPIN VILLAGE LP BE IT RESOLVED,by the Eden Prairie City Council as follows: That the preliminary plat of Hennepin Village Site C Rezoning for Hennepin Village LP stamp dated December 7, 2004, and consisting of 11.99 acres into 40 lots, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto,and is herein approved. ADOPTED by the Eden Prairie City Council on the 7th day of December, 2004. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk STAFF REPORT TO: Community Planning Board FROM: Regina Herron,Planner I THROUGH: Mike Franzen, City Planner DATE: November 22,2004 SUBJECT: Hennepin Village Site C Rezoning APPLICANT/ Pemtom Land Company OWNER: Pemtom Land Company LOCATION: South of Flying Cloud Airport,east of Eden Prairie Road, and north of Highway 212 REQUEST: 1. Planned Unit Development Concept Amendment on 11.99 acres 2. Planned Unit Development District Review on 11.99 acres 3. Zoning District Change from RM-6.5 to R1-9.5 on 11.99 acres 4. Site Plan Review on 11.99 acres 5. Preliminary Plat of 11.99 acres into 40 lots. Staff Report—Hennepin Village Site C Rezoning November 22, 2004 PROJECT DESCRIPTION This is a request to rezone 40 multifamily lots to 40 single family lots on the western portion of Site C. The proposal is a change in product and not the number of units. The following amendments are requested to the approved plan: • Rezoning 40 multifamily lots from RM-6.5 to R1-9.5 • Change in open space Space between the buildings will increase from a zero lot line setback to a five foot setback • Change in architecture The single family home product is identical to the approved concept plans and units built in Site A. PLANNED UNIT DEVELOPMENT WAIVERS The project requires the following waivers in the R1-9.5 zoning district. These are the same waivers granted for the other areas in the planned development that are zoned R1-9.5. R1-9.5 Zoning District • Lot size from 9,500 SF to 3,240 SF. • Density from 3.5 units per acre to 6.89 units per acre. • Site area per unit from 9,500 SF to 7,200 SF. • Lot width from 70 feet to 36 feet. • Lot depth from 100 feet to 95 feet. • Front yard setback from 30 feet to 10 feet. • Rear yard setback from 20 feet to 10 feet. • Side yard setback from 5 feet minimum and 15 feet total to 5 feet minimum and 10 feet total. A planned unit development allows the city to grant waivers if: • The plan results in a more creative and efficient approach to the use of land. • The plan is designed in such a manner to form a unified environment within its own boundaries. • The waivers are justified by the design. • The waivers result in a better plan for the site than if no waivers are granted. 2 Staff Report—Hennepin Village Site C Rezoning November 22, 2004 Potential reasons for considering the waivers are: • A unified architectural theme • 71 acres of dedicated open space DRAINAGE There are minor changes to the grading and drainage plans. LANDSCAPING There are minor changes in the location of trees. SITE SIDEWALKS AND TRAILS There are no changes to the approved plan. STAFF RECOMMENDATION Recommend approval of the request based on the following: • Planned Unit Development Concept Amendment on 11.99 acres • Planned Unit Development District Review on 11.99 acres • Zoning District Change from RM 6.5 to R1-9.5 on 11.99 acres • Site Plan Review on 11.99 acres • Preliminary Plat of 11.99 acres into 40 lots. This approval is subject to the recommendations of the staff report dated November 22, 2004 and plans dated November 22,2004, and the following: 1. Prior to Final Plat approval,the proponent shall submit detailed storm water runoff,utility and erosion control plans for review by the City Engineer and Watershed District 2. Prior to grading permit issuance,the proponent shall install erosion control and tree protection fencing at the grading limits of the property for review and approval by the City Engineer and City Forester. 3 Staff Report—Hennepin Village Site C Rezoning November 22, 2004 3. Prior to Building permit issuance,the proponent shall: A. Meet with the Fire Marshal to go over fire code requirements. B. Submit samples of exterior building materials for review. C. Submit a landscaping and tree replacement bond for review. D. Pay the appropriate cash park fee. 4. The following waiver from the City Code are granted as part of the Planned Unit Development District review in the R1-9.5 Zoning District: • Lot size from 9,500 SF to 3,240 SF. • Density from 3.5 units per acre to 6.89 units per acre. • Site area per unit from 9,500 SF to 7,200 SF. • Lot width from 70 feet to 36 feet. • Lot depth from 100 feet to 95 feet. • Front yard setback from 30 feet to 10 feet. • Rear yard setback from 20 feet to 10 feet. • Side yard setback from 5 feet minimum and 15 feet total to 5 feet minimum and 10 feet total. 4 Planning Board Minutes November 22, 2004 B. HENNEPIN VILLAGE SITE C REZONING by Dan Herbst,Hennepin Village LP. Request for Planned Unit Development Concept Amendment on 11.99 acres, Planned Unit Development District Review on 11.99 acres;Zoning District Change from RM 6.5 to R1-9.5 on 11.99 acres, Site Plan Review on 11.99 acres, and Preliminary Plat of 11.9 acres into 40 lots. The location is north of Highway 212, east of Spring Road. The request is changing the approved 40-unit twin home plan back to the original 40 unit single-family plan. Dan Herbst, of 7597 Anagram Drive,Eden Prairie responded by giving a history of Hennepin Village. He stated that site A has 144 units and this summer all of the amenity packages of site A were completed. The swimming pool is in along with the tot lot,parking area,the barn is remodeled and windmill is up. The second phase of residential on site C is being completed with public overlook and first linkage of trail down to Spring Road. Charleston Road is completed. Phase 3 will start next year. Herbst stated that they came before the Board after 18 months of marketing effort and Ryland was having difficulty with one of the products on site A. They had three products there; the prairie home detached, the traditional home, and the carriage home. Herbst stated that they asked if they could rezone a few areas; one of the blocks in site A and one of the blocks in site C to a twin home product and the Board approved that request. He stated that they are here tonight to tell the Board that because of rechanging their marketing efforts,the new sales staff has found that the single-family product is gaining momentum. Because of that, Herbst is asking the Board to rezone this particular block area consisting of what was approved for twin homes and come back to 40 single family detached homes. Nothing will happen with the density. Herbst stated that they have to replat and put the easements back in. There are no structural or engineering changes taken place. Stoelting asked Franzen to review the staff report. Franzen stated that the staff recommendation is for approval. Stoelting opened the meeting to the public. There was not public input. Sutherland asked Herbst if the Staff is an"undo button" for his various marketing programs. Herbst responded by stating that the twin home project concept was not going to work and that they wanted to convert it back to single-family detached. Sutherland asked if the end result that Herbst requested today differed from the initial proposal. Herbst stated that it is an identical product but the prices are slightly reduced, but the walkout town home and carriage home are slightly higher than the original. Sutherland asked if density and lot size where the same as well. Herbst responded by stating that density is identical.` Sutherland asked if the Board is going to see Herbst back here again in 18 months, asking to go back again. Herbst responded by stating that he would like to promise that but he has been in this business too long to do that. Planning Board Minutes November 22, 2004 Brooks stated that he does not see any reason not to approve this and he agrees that buying habits change and he is in favor of the change. Nelson asked if there was any possibility of upgrading any of the amenities. Herbst responded by stating that they are pretty well out of space to do any amenities. He stated that when the trees mature and with the swimming pool it is a pretty good place to live. Nelson asked if some benches could be added in along the trail system. Herbst responded by stating that it could be a possibility. Nelson stated that she would like to see the people living there today get something a little bit nicer. Herbst responded by stating that they are trying to keep the cost down but he will look into that. Kacher stated that he supports the change back because the market does change and given that the prices would be less,it would be giving something back to the consumer. He stated he recommends approval. MOTION by Brooks, second by Nelson to close the public hearing. Motion passed 7-0. MOTION by Brooks, second by Nelson to approve the request for Planned Unit Development Concept Amendment on 11.99 acres,Planned Unit Development District Review on 11.99 acres,Zoning District Change from RM 6.5 to R1-9.5 on 11.99 acres, Site Plan Review on 11.99 acres, and Preliminary Plat of 11.9 acres into 40 lots,based on plans dated November 12,2004, subject to the recom- mendations of the staff report dated November 19, 2004. Motion passed 7-0. CITY COUNCIL AGENDA DATE: SECTION: Public Hearings 12/07/04 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII. C. Community Sign Code Ordinance Change Development/Planning Janet Jeremiah 11E3IMER Michael Franzen Requested Action Move to: • Close the Public Hearing; and • Approve lst Reading of the Ordinance Amending City Code relating to signs. The amendment, if adopted, would repeal City Code Section 11.70, Subd. 4. A. 9.,B. 10., C. S.D. 7.,relating to reviews and approvals of the City Manager or designee; add provisions to Subd 3.1I regarding performance standards, and add penalty provisions Section 11.99. Synopsis There are three revisions: 1. The code currently states in some sections of the code that approval is required by the City Manager, or the City Manager's designee. These items are being repealed since the City does not use or need discretion and the amendment conforms the City Code to established City practice. 2. Adding language for a person violating the sign code, if convicted, shall be punished as a misdemeanor. Community Planning Board Recommendation The Community Planning Board voted 7-0 to recommend approval of the code change at the November 22,2004 meeting. Attachments 1. Proposed ordinance 2. Staff report dated November 19, 2004 3. Draft Community Planning Board minutes dated November 22, 2004 CITY COUNCIL AGENDA DATE: SECTION: Public Hearings 12/07/04 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.:VII. C. Community Sign Code Ordinance Change Development/Planning Janet Jeremiah Michael Franzen Requested Action Move to: • Close the Public Hearing;and • Approve 1st Reading of the Ordinance Amending City Code relating to signs.The amendment, if adopted,would repeal City Code Section 11.70, Subd.4.A. 9.,B. 10., C. 5.D. 7.,relating to reviews and approvals of the City Manager or designee; add provisions to Subd 3.II regarding performance standards, and add penalty provisions Section 11.99. Synopsis There are three revisions: 1. The code currently states in some sections of the code that approval is required by the City Manager, or the City Manager's designee. These items are being repealed since the language gives the City too much discretion in the interpretation and enforcement of the sign code. 2. Adding language for non-commercial signs have to meet setbacks and square footage requirements for the district they are located in. 3. Adding language for a person violating the sign code, if convicted, shall be punished as a misdemeanor. Community Planning Board Recommendation The Community Planning Board voted 7-0 to recommend approval of the code change at the November 22, 2004 meeting. Attachments 1. Proposed ordinance 2. Staff report dated November 19,2004 3. Draft Community Planning Board minutes dated November 22,2004 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. -2004 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AMENDING CITY CODE CHAPTER 11 BY REPEALING SECTION 11.70 SUBD.4.A.9.,B.10.,C.5. AND D. 7.,AND AMENDING SECTION 11.70,SUBD.3.II.RELATING TO CERTAIN REVIEWS AND APPROVALS BY THE CITY MANAGER OR DESIGNEE 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. City Code Section 11.70,Subd.4.A.9.,B. 10.,C. 5.and D.7.are repealed in their entirety. Section 2. City Code Section 11.70,Subd. 3.II.Is amended to read as follows: II. Notwithstanding anything to the contrary in this Section, signs containing Non-Commercial Speech are permitted in all Districts and are subject to only the following Subsections of 11.70,Subd.3:B,D,E.F,G,H,L,M,0,Q,V, W,X,Z,AA.Non-commercial signs are also subject to individual District setback provisions and total signage regulations as applicable to each particular sign type(i.e.Free-standing,Temporary,Wall). Section 3. City Code Chapter 1 entitled AGeneral Provisions and Definitions Applicable to the Entire City Code Including Penalty For Violation and Section 11.99 entitled AViolation a Misdemeanors are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 4. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the day of , 2004, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of ,2004. Kathleen Porta, City Clerk Nancy Tyra-Lukens,Mayor PUBLISHED in the Eden Prairie Sun Current on ,2004. P:\Hame\EP\City Cade\Ordinance.030204.wpd STAFF REPORT TO: Community Planning Board THROUGH: Michael D.Franzen, City Planner DATE: November 19,2004 SUBJECT: City Code Amendment—Sign Permits PROPOSED AMENDMENT TO SECTION 11.70 ENTITLED SIGN PERMITS There are three revisions: Revision 1. City Code Section 11.70, Subd. 4.A. 9.,B. 10., C. 5. and D. 7. are repealed in their entirety. The code currently states for each of these items that approval is required by the City Manager,or the City Manager's designee. These items are being repealed since the language gives the City too much discretion in the interpretation and enforcement of the sign code. Revision 2. City Code Section 11.70, Subd.3.II.Is amended to read as follows: II. Notwithstanding anything to the contrary in this Section, signs containing Non-Commercial Speech are permitted in all Districts and are subject to only the following Subsections of 11.70,Subd.3:B,D,E.F,G,H,L, M,0, Q,V,W,X,Z,AA.Non-commercial signs are also subject to individual District setback provisions and total signage regulations as applicable to each particular sign type(i.e. Free-standing,Temporary,Wall). This change is adding language to the paragraph that non-commercial have to meet setbacks and square footage requirements for the district they are located in. Revision 3. 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. This means that if a person violates the sign code by performing an act that is prohibited or unlawful, if convicted, shall be punished as a misdemeanor. STAFF RECOMMENDATION Staff recommends approval of the code changes. Planning Board Minutes November 22, 2004 D. SIGN CODE AMENDMENT A proposed amendment to the City Code relating to signs. The amendment, if adopted,would repeal City Code Section 11.70, Subd. 4.A. 9.,B. 10., C. 5.D. 7.,relating to reviews and approvals of the City Manager or designee; add provisions to Subd 3.II regarding performance standards, and add penalty provisions Section 11.99. Franzen presented amendment to the Staff. Franzen stated that the Board needs to do this for clarification of the code. In Revision 1,the code currently states for each of these items that approval is required by the City manager, or the City Manager's designee. These items are being repealed since the language gives the City too much discretion in the interpretation and enforcement of the sign code. In Revision 2,this change is adding language to the paragraph that non-commercial have to meet setbacks and square footage requirements for the district they are located in. The third revision would be adding a penalty provision for a person who violated the sign code by performing an act that is prohibited or unlawful, if convicted, shall be punished as a misdemeanor. Stoelting opened the meeting up to the public. There was no public input. Sutherland question Franzen under the old code if the City Manager ever looked at signage variance or if it came to the Board.:Franzen responded that it was up the Planning and Zoning area. Sutherland asked if Franzen or his employees were considered the designee. Franzen responded by stating that he was considered the designee. He stated that the City actually has one person that issresponsible for signing permits and interpretation of the sign codes Sutherland asked if that function would not exist any more if the code changes. Franzen stated that the function for the designee would still stay the same. The way the code was written was that the City Manager was to be responsible for all actions of permits. The Board is just getting rid of old language that is not applicable. Hanson asked how Revision 2 would affect"for sale" or "garage sale" signs. Franzen stated that the'City.would still allow these signs to be put up in the lots. MOTION by Brooks, second by Seymour to close the public hearing. MOTION carried 7-0. ... • MOTION by Brooks, second by Seymour to approve the amendment to the City Sign Code. MOTION carried 7-0. CITY COUNCIL AGENDA DATE: SECTION: Ordinances&Resolutions December 7,2004 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.A. Jim Richardson Change Street Name Public Works/Engineering Requested Action Move to: Approve First Reading of an Ordinance changing the name of Spring Road to Mitchell Road, south of Pioneer Trail, approximately 2000 feet to its intersection with the new alignment of Spring Road. Synopsis Mitchell Road will continue southward from its present terminus at Pioneer Trail to the newly constructed Spring Road. Background Information Presently, Spring Road lies across Pioneer Trail in alignment with Mitchell Road. Staff proposes to change this section of Spring Road to Mitchell Road. Spring Road has been realigned with the Hennepin Village Plats,and travels south and westerly of Grace Church to the intersection with Eden Prairie Road. No residents or business addresses are affected by this change. Attachments • Ordinance • Map CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. -2004 THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA, ORDAINS that the northerly portion of Spring Road, from its intersection with Pioneer Trail to approximately 2000 feet south of Pioneer Trail shall be named: MITCHELL ROAD FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on December 7,2004, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on 2004. Kathleen Porta, City Clerk Nancy Tyra-Lukens,Mayor PUBLISHED in the Eden Prairie Sun Current on ,2004. N. �` �_�� t I,,f•�-..Pit. -�•/ ---�.i i/ :T7 ' 93.I �'. F^wY41V `! SI u,LlrR �n�vt,;' ))) /� ��P �ILAhrp�r '.��,;i Q. t�,v �, ~r 7?A!_ ti'� ��T/y a j tf,C 31 N R'D.,E l 1,5 ?1 T �� • r Z4 . . /`y� k, �' /V � i' l o �' - <I �, car ''�Y _✓ ,I > E wav rm ls�1, //// r �,-- ...1 C �'� T %%' �? V.te---"` �'\v� �zl Q„.:--- J v. � a�•�,,,�•t. T• . F a. 4� ' /h \L-. j.f f..? o_. ,e.2.._.'..., , �11 �e DR. CH.STNUT �Q ;� R. x op y RFp ✓ �4/c� I �%i?o4.. _1 SORREL^ DAY ��`�S ' O c • n. 4, i l,i 20.4 r •/ TGriEP._� 'F'Ci{N LA• T "J •a LA.1 ¢ = r, p�f�•c) WOODS u .� +� �^1 Vc, Q °',,,,),.4.:.¢..��� R�! oJ� IAKESHORE R. l• `' yC•\ �( u CAP.MODY G DR. og... t~: 4,h, t'+ WQ .-,,.4 R i o �' rg T ml ti oQ _ a. j LL, ��� , MILLFORD - i F 1" 14 tlr-_�RIDCO ., ��f �� /a vP� r t~ '� ✓ . •rc+ o �▪ � r 4 k-- DR. •4 ERGER D• R. 4,- RD. o ^' aCS LQN - 6 f0 , t • 17. w a'dc, FO1.V ,/.."• µy+ Lib v e' .' '. T' `' 5% 4 2.'1 \ ;�o CANOLEWO0-1FPl"11. QY S��-`��£. /� 4�`P a` ul S f (C SH X ¢ 18� o •c 7 FO ty' .,� a RO' ��w • 9+VtN9RtDGr p r? ! • - • �n ` ti• Z ty G.Ivh ,O/ c, OR. --1.. a uAYF ELD o w SUMMIT DR. } '"s�.•-✓-- (/ ,•. f / r'/,�rrl 1 �I o v`.k -1i M. �a rbnit tpP �" r Rp `� �_ R�CIP. ‘ffbOn aR . O/i Q ���1i 'rt/ } V fLEY„�:�O tv s Y✓i 44�t `�Q R- 4. ... :c F._.a. hn`'/. s' E. C�Y� 1,1.kt P.'' �. O' ': .n C�Q� '�aSS OpQ v .A'y ,o G x' / •�� a nay Ov "� �` O 4• QRY _t !'C`�t4O 26. �."R 41 McC �_ �4i •�nF 1 ORDJSR. ct / \ °' `� 7Di �Z 21, v:, Gj. R f tiiU4 •,.,+�—` CEDA7.—_________:. u 1+ m la z R10CE SWE WA7ER 2 `' � k�•!ice a 1� o e `G2 f'.^ .AupON�� RO. *d } 7....,. .- ....„" i .... r4 -,.s J RD. '—�+n :i CORRAL wt CIR. �n �4r4ut i�i t4Y�`� 22r/ zla`�p}ULO RD.r `�.. LA. Ov�y'F V - tA. r�'.�, �,�f; w ALEIG_,vg.WEY CT. t a 19 1u5 ' AZALEA ,,. f 10. p �n� • ,':Q�� W I.A. ..r OOVG�' 1NG1�<11S yU La Q TR. 5 f 1CiR. �I,, 7 • !1�,r/'' • • G<• 3 Q LJ ��y 57. ��¢¢ y y r4 • �L►VE{'�03.. ' J� 4...7.. _,, • 0 •I UP��Y 1 HILLTOP RD. a G°�(3 '' Rp J tQ~� ,. it �'••..,i� �0/✓ �� y~ • 0. a a I FFq VAtuY�r-tr{p $ VALLEY RD. I y`�� • 22' se- u 3 u IcA _ Tr 23. f06. �p D . �` - �r P • .... t.... .,/,/,) •.. .._....._ „co,,,,..„,_,c,,, , ` wT1A �j .....„._. rr+ � a OSPECT no SJ�Acof �nC ° ^ ioi32 !y1 I In: C • , • F;1r:fi! ,,,,,-.-.--,.' .c..14.. +N zi- ..b."---'- +4 Le Et t[ce. �Y/ \� 134. W 1 1 \t1 �`_.-..i / 1 'L 1 W vl f35.0 DR. LRD. 1 .` c ... ---. - !L_, J. _y VIEW RD. 1; _,- RIVER /ry ass, • • ..,• e '^� :�v:j`. ter• wGf:y' • • ..,. . . ...,.,..,:::......,......,............,.....,:..,:...,.........,....,,.,........... '\ �rN�T t Tt I6N • T17@N