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City Council - 01/18/2005AGENDA EDEN PRAIRIE CITY COUNCIL WORKSHOP/FORUM TUESDAY, JANUARY 18, 2005 CITY CENTER 5:00 — 6:25 PM, HERITAGE ROOM II 6:30 — 7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Nancy Tyra -Lukens, Councilmembers Brad Aho, Sherry Butcher, Ron Case, 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 Il I. LEGISLATIVE ISSUES Council Chamber II. OPEN FORUM 1. Pat MulQueeny — Farmers Market Proposal 2. Dale Bachman — Farmers Market Proposal 3. Patti Lloyd — Farmers Market Proposal 4. Vickie VanDriessche — Farmers Market Proposal III. OPEN PODIUM IV. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL TUESDAY, JANUARY 18, 2005 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra -Lukens, Councilmembers Brad Aho, Sherry Butcher, Ron Case, 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. PROCLAMATION DESIGNATING JANUARY FOR THE RECOGNITION OF DR. MARTIN LUTHER KING, JR. IV. COUNCIL FORUM INVITATION V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. CITY COUNCIL MEETING HELD TUESDAY, JANUARY 4, 2005 VII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. 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 Rd. (Ordinance for PUD District Review and Zoning District Change) C. ADOPT RESOLUTION AUTHORIZING PREPARATION OF FEASIBILITY STUDY FOR UTILITY AND STREET IMPROVEMENTS ON VALLEY ROAD AND HILLTOP ROAD, I.C. 05-5642 D. ADOPT RESOLUTION EXTENDING CONDITIONAL USE AGREEMENT WITH HENNEPIN COUNTY FOR ELECTRONIC GEOGRAPHICAL DIGITIZED DATA FOR USE IN MAPPING CITY COUNCIL AGENDA January 18, 2005 Page 2 E. APPROVE ADDITIONAL DESIGN FEE FOR SEH, INC., FOR FINAL DESIGN OF TH 212NALLEY VIEW ROAD INTERCHANGE IMPROVEMENTS, I.C. 01-5543 F. ADOPT RESOLUTION APPROVING ROADSIDE LANDSCAPING AGREEMENT WITH MNDOT G. AWARD CONTRACT TO BRAUER & ASSOCIATES FOR TRAIL PLANNING SERVICES H. APPROVE CHANGE ORDER NO. 1 FOR WATER FILL STATION IMPROVEMENTS AT THE WATER PLANT, I.C. 04-5630 VIII. PUBLIC HEARINGS / MEETINGS A. HENNEPIN VILLAGE OFFICE — COMMERCIAL GUIDE PLAN CHANGE AND PUD AMENDMENT by United Properties. Request for Comprehensive Guide Plan Change from Office to Industrial on 20 acres, Comprehensive Guide Plan Change from Neighborhood Commercial to Office on 4.5 acres, and Planned Unit Development Concept Amendment on 51 acres. Location: North of Highway 212, east of Spring Road. (Resolution for Guide Plan Change, Resolution for PUD Concept Amendment) B. EDEN DEVELOPMENT ADDITION by Eden Development. Request for Planned Unit Development Concept Review on 3 acres, Planned Unit Development District Review on 3 acres, Zoning District Change from I -General to I-2 on 3 acres, and Site Plan Review on 3 acres. Location: 7875 Fuller Road. (Resolution for PUD Concept Amendment) C. MAINTENANCE OUTDOOR STORAGE SITE By the City of Eden Prairie, Request for Rezoning from Rural to I -General on 17 acres. Location: 9955 Flying Cloud Drive. (Ordinance for Zoning District Change) D. VACATION OF CONSERVATION EASEMENT OVER PART OF THE PINES AT SETTLERS RIDGE (Resolution) IX. PAYMENT OF CLAIMS X. ORDINANCES AND RESOLUTIONS XI. PETITIONS, REOUESTS AND COMMUNICATIONS A. BASEBALL ASSOCIATION REOUEST REGARDING GRAND STAND FACILITY AT MILLER PARK B. EDEN PRAIRIE HOCKEY ASSOCIATION PROPOSAL FOR AN OUTDOOR WINTER RECREATION AREA CITY COUNCIL AGENDA January 18, 2005 Page 3 C. PROPOSAL FOR FARMERS MARKET AT PURGATORY CREEK RECREATION AREA XII. REPORTS OF ADVISORY BOARDS & COMMISSIONS XIII. APPOINTMENTS A. POLICY ADVISORY COMMITTEE FOR SOUTHWEST CORRIDOR ALTERNATIVE ANALYSIS STUDY XIV. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Shuldhiess Family Property 2. Lighting of Softball Field #4 at Round Lake Park 3. Land Acquisition Needs 4. Proposed Revisions to the Park Fund Capital Improvement Program E. REPORT OF PUBLIC WORKS DIRECTOR 1. ADC Request Regarding Construction of Technology Drive 2. Support of Legislation to Provide Funding Options for Street Improvements (Resolution) F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT ITEM NO.: III. PROCLAMATION City of Eden Prairie Hennepin County, Minnesota WHEREAS, the City of Eden Prairie's City Council and Human Rights & Diversity Commission sponsors both a Human Rights Award program and a Dr. Jean L. Harris Youth Scholarship Award program, recognizing those that work to create an inclusive community spirit through their actions, activities, and programs; and WHEREAS, the City of Eden Prairie recognizes that Dr. Martin Luther King, Jr., had a dream and dedicated his life to helping freedom exist for all people through his commitment to human rights and his non-violent philosophy; and WHEREAS, the City of Eden Prairie reaffirms its commitment to fostering diversity in our community through the Eden Prairie Manifesto. NOW, THEREFORE, be it resolved, that the City of Eden Prairie hereby. proclaims 2005 as a year to celebrate human rights and diversity, and asks all residents to continue their commitment and concern for equal rights for all persons, to dedicate themselves to helping those who do not yet share in that freedom, and to join the City of Eden Prairie in recognizing and celebrating Dr. Martin Luther King, Jr.'s dream. Nancy Tyra -Lukens, Mayor City of Eden Prairie ITEM NO.: VI. A. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, JANUARY 4, 2005 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra -Lukens, Councilmembers Brad Aho, Sherry Butcher, Ron Case, 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 IL PLEDGE OF ALLEGIANCE III. SWEARING IN OF COUNCILMEMBERS BRAD AHO AND SHERRY BUTCHER Tyra -Lukens announced that this ceremony involves new Councilmember Brad Aho and continuing Councilmember Sherry Butcher. City Attorney Ric Rosow administered the oath of office to Aho and Butcher. IV. COUNCIL FORUM INVITATION V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Under Reports of Councilmembers, Tyra -Lukens added discussion on goals for 2005, a report on a check she received and award news about the city. Neal noted Item VII.G. should be outside the Consent Agenda and moved to Item XIII. Neal also noted that Item VILH. contains a change in wording to make sure the resolution refers clearly to the appointed boards and commissions of the council and not the council itself. He also stated Item XIILA. contains a typographical error in the second BE IT RESOLVED where 2004 should be changed to 2005. Neal also added a brief report regarding the 2005 council workshop schedule under Report of City Manager. MOTION: Aho moved, seconded by Butcher, to approve the agenda as published and amended. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, DECEMBER 21, 2004 MOTION: Case moved, seconded by Young, to approve the minutes of the City Council Workshop held Tuesday, December 21, 2004. Motion carried 4-0. Aho abstained. CITY COUNCIL MEETING January 4, 2005 P 2 age B. CITY COUNCIL MEETING HELD TUESDAY. DECEMBER 21. 2004 Neal noted there is an incomplete sentence on page 9, second paragraph. The second sentence should read "He said he has spent time with staff trying to understand the growth of the fund reserve balance over the last couple years." MOTION: Butcher moved, seconded by Case, to approve as amended the minutes of the City Council Meeting held Tuesday, December 21, 2004. Motion carried 4-0. Aho abstained. VIL CONSENT CALENDAR A. RESOLUTION NO.2005-01 AUTHORIZING CITY OFFICIALS TO TRANSACT BANKING BUSINESS B. RESOLUTION NO.2005-02 DESIGNATING DEPOSITORIES C. RESOLUTION NO 2005-03 AUTHORIZING USE OF FACSIMILE SIGNATURES BY PUBLIC OFFICIALS D. RESOLUTION NO.2005-04 AUTHORIZING TREASURER OR DEPUTY TREASURER TO INVEST CITY OF EDEN PRAIRIE FUNDS E. RESOLUTION NO.2005-05 AUTHORIZING TREASURER OR DEPUTY TREASURER TO MAKE ELECTRONIC FUND TRANSFERS FOR CITY OF EDEN PRAIRIE F. RESOLUTION NO.2005-06 AUTHORIZING PAYMENT OF CERTAIN CLAIMS BY FINANCE DEPARTMENT WITHOUT PRIOR COUNCIL APPROVAL G. (Moved to Item XIILM.) RESOLUTION NO.2005-07 APPOINTING COMMISSIONERS TO THE EDEN PRAIRIE HOUSING AND REDEVELOPMENT AUTHORITY H. RESOLUTION NO.2005-08 ESTABLISHING MEETING DATES AND TIMES FOR CITY BOARDS AND COMMISSIONS FOR 2005 I. RESOLUTION NO.2005-09 DESIGNATING OFFICIAL CITY NEWSPAPER J. PROCLAIM MAY 1, 2004, ARBOR DAY IN EDEN PRAIRIE MOTION: Young moved, seconded by Case, to approve Items A-J of the Consent Calendar with the exception of Item G. Motion carried 5-0. VIIL PUBLIC HEARINGS / MEETINGS CITY COUNCIL MEETING January 4, 2005 Page 3 IX. PAYMENT OF CLAIMS MOTION: Young moved, seconded by Butcher, to approve the Payment of Claims. The motion was approved on a roll call vote with Aho, Butcher, Case, Young and Tyra - Lukens voting "aye." X. ORDINANCES AND RESOLUTIONS XI. PETITIONS, REQUESTS AND COMMUNICATIONS XII. REPORTS OF ADVISORY BOARDS & COMMISSIONS XIIL APPOINTMENTS A. RESOLUTION NO.2005-10 DESIGNATING OFFICIAL MEETING DATES, TIME AND PLACE FOR THE CITY OF EDEN PRAIRIE CITY COUNCIL IN 2005 AND APPOINTING ACTING MAYOR Neal commented that the only change to this schedule is one that recognizes Spring Break for the Eden Prairie School District and adjusts meeting dates accordingly. MOTION: Butcher moved, seconded by Young to adopt Resolution designating the official meeting dates, time and place for the City of Eden Prairie Council in 2005 and appointing Councilmember Case as the Acting Mayor. Motion carried 5-0. B. RESOLUTION NO.2005-11 APPOINTING DIRECTOR AND ALTERNATE DIRECTOR TO THE SUBURBAN RATE AUTHORITY FOR 2005 Dietz explained that this is a quarterly meeting dealing with issues related to utilities that are generally regulated by the Public Utilities Commission. Case suggested Dietz as director and himself as the alternate. MOTION: Butcher moved, seconded by Aho, to adopt the Resolution designating Gene Dietz as the Director and Councilmember Case as the Alternate Director to the Suburban Rate Authority. Motion carried 5-0. C. APPOINTMENT OF MAYOR TYRA-LUKENS AS DELEGATE AND COUNCILMEMBERS AS ALTERNATES TO THE ASSOCIATION OF METROPOLITAN MUNICIPALITIES Neal explained that this association is one the city has belonged to for a number of years. He said it is a group of cities that advocates for issues of interest in the legislature of metropolitan cities within the seven -county metropolitan area. MOTION: Case moved, seconded by Aho, to approve appointment of the Mayor as Delegate and Councilmembers as Alternates to the Association of Metropolitan Municipalities. Motion carried 5-0. CITY COUNCIL MEETING January 4, 2005 Page 4 D. APPOINTMENT OF MAYOR TYRA-LUKENS AS DELEGATE AND COUNCILMEMBERS AS ALTERNATES TO THE NATIONAL LEAGUE OF CITIES Neal explained the National League of Cities is similar to the Association of Metropolitan Municipalities, but advocates at the federal level for cities all across the country. MOTION: Young moved, seconded by Case, to approve appointment of the Mayor as Delegate and Councilmembers as Alternates to the National League of Cities. Motion carried 5-0. E. APPOINTMENT OF MAYOR TYRA-LUKENS TO THE MUNICIPAL LEGISLATIVE COMMISSION Neal noted that this commission is also an advocacy organization for cities, but only for a small number of cities that are comparable in terms of the level of state financial aid they receive and also in the amount of contributions those cities make to the fiscal disparities pool. He said this is a group of 10-12 cities within the same area as Eden Prairie. MOTION: Butcher moved, seconded by Case, to approve appointment of the Mayor to the Municipal Legislative Commission. Motion carried 5-0. F. APPOINTMENT TO SOUTHWEST CORRIDOR COMMISSION Tyra -Lukens nominated Councilmember Young to the position. Neal commented that this commission is one that advocates for transportation improvements in the southwest corridor of the Twin Cities. He said the commission has had recent success in encouraging funding be provided for the 312 project. MOTION: Case moved, seconded by Butcher, to appoint Councilmember Young to the Southwest Corridor Commission. Motion carried 5-0. G. APPOINTMENT TO COMMUNITY RESOURCE CENTER ADVISORY COUNCIL MOTION: Young moved, seconded by Aho, to approve appointment of Councilmember Butcher to the Community Resource Center Advisory Council. Motion carried 5-0. H. APPOINTMENT TO SOUTHWEST CABLE TV COMMISSION Neal said this commission includes the cities of Eden Prairie, Richfield, Edina, Minnetonka and Hopkins with two representatives from each city — typically an elected official and a member of the city management. He said Councilmember Case is the current chair of the commission that meets twice a year. CITY COUNCIL MEETING January 4, 2005 Page 5 MOTION: Aho moved, seconded by Butcher to reappoint Councilmember Case to the Southwest Cable TV Commission. Motion carried 5-0. I. APPOINTMENT TO EDEN PRAIRIE FOUNDATION Tyra -Lukens explained that this is a community organization formed 25 years ago to raise money and provide things for the community that the city or school district cannot pay for. She said groups that benefit from the funds are not necessarily only city or school district related, but all needs with many organizations benefiting. She said the most recent contribution was the park fountain near the Jean Harris bridge. She said most funds are received from a Foundation Ball to be held this year February 26. MOTION: Butcher moved, seconded by Case to appoint Councilmember Young to the Eden Prairie Foundation. Motion carried 5-0. J. APPOINTMENT TO I-494 CORRIDOR COMMISSION Tyra -Lukens nominated Councilmember Aho for the position. MOTION: Case moved, seconded by Butcher, to approve appointment of Councilmember Aho to the I-494 Corridor Commission. Motion carried 5-0. K. APPOINTMENT TO HENNEPIN SOUTH SERVICES COLLABORATIVE Neal explained that this group is a three -city collaborative organization of cities and school districts of Bloomington, Richfield and Eden Prairie that pool resources for human service activities. He said grant funds and state funds come into this organization. MOTION: Case moved, seconded by Aho, to approve appointment of Councilmember Butcher to the Hennepin South Services Collaborative. Motion carried 5-0. L. APPOINTMENT TO CITY AND SCHOOL FACILITIES USE TASK FORCE Neal explained this is a joint task force of representatives of the city and school district that meets at least annually to discuss issues on use of each others' facilities. MOTION: Aho moved, seconded by Butcher, to approve appointment of Councilmember Young to the City and School Facilities Use Task Force. Motion carried 5-0. M. (formerly Item VII.G.) RESOLUTION NO.2005-07 APPOINTING COMMISSIONERS TO THE EDEN PRAIRIE HOUSING AND REDEVELOPMENT AUTHORITY CITY COUNCIL MEETING January 4, 2005 Page 6 Tyra -Lukens noted the HRA meetings are incorporated into the regular council meetings. Neal said the function of the secretary position is to sign documents on behalf of the HRA. MOTION: Young moved, seconded by Butcher, to adopt the resolution appointing City Coucilmembers to serve as commissioners to the Eden Prairie Housing and Redevelopment Authority and appoint Mayor Tyra -Lukens as chair, City Manager Scott Neal as executive director and Councilmember Case as secretary for calendar year 2005. Motion carried 5-0. Tyra -Lukens mentioned that in addition to the above appointments, there are many other things that councilmembers are involved in to represent the city regionally. She said for instance, Butcher is on the League of Minnesota Cities Insurance Trust, Case and Tyra - Lukens are on the Southwest Metro board, and Tyra -Lukens is on the Family Housing Fund. XIV. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBER5 1. Tyra -Lukens — Award News Tyra -Lukens announced confirmation was received this week that the City of Eden Prairie will be included in the 2005 update of the book 50 Fabulous Places to Raise Your Family. She noted Eden Prairie was included in the previous edition of the book and it was updated through research and questionnaires. 2. Tyra -Lukens — Receipt of Check Tyra -Lukens announced the receipt of a check from the group that spearheaded the fundraising for the Gathering Bridge. She thanked the committee for their work towards making the bridge possible and said it would not have happened without their volunteer efforts. She said city and watershed dollars were also put into the fund. 3. Goals for 2005 Tyra -Lukens mentioned that many of the goals are things staff is currently working on. She said we should look at the possibility of another park referendum and planning should be done to do that at the right time. She also requested a report from some of the social service agencies in the city because the demographics of the city are changing and it is important to know the issues out there. She said also, she'd like to schedule a team building workshop to reevaluate issues of the council such as ways to handle the meeting and values. CITY COUNCIL MEETING January 4, 2005 Page 7 Butcher said one of her goals would be to work more closely with the business community, continuing Meet and Greets, and collaborate with the Chamber of Commerce to identify opportunities and discuss business issues. She said she would like to continue the work with public communication such as the public access cable station. Butcher said her third goal would be to continue looking at the aging population and the need to be ahead of the curve on senior services. She said it would also be prudent to look at reasoning and motivation behind budget philosophies. Aho said he would like to focus on and analyze the budget. He said he would Y g also like to continue working to foster the city's relationships with businesses i i and making sure the city is in tune with what the business community sees and needs as well as the residents. He said he would like to look at a plan for redevelopment in key areas of the city. Aho said park issues should be revisited to find out what's most important to people and creatively work with the budget to accomplish those things. He said he would also like to work with involving residents in the community on the issues. Young said he would like to continue cooperation with the business community, particularly as it involves job growth. He said he can also appreciate that the city's demographic is changing in age and culture. Young said in park and open space issues, a priority would be completion of the trail system as it would be a huge benefit to the city as a whole. Case commented that he looks forward to working with a council where many of the goals are shared. He said his goals include finding out what long-term g g g g obligations are for city assets. He said he would like to see resolution on park concepts and a possible referendum. Regarding the demographic change, Case said he would like to reconstitute a Senior Issues Task Force to update findings from the 1996-97 study. He said he would like to continue the Golden Triangle study as it relates to redevelopment concepts. He said he is also in favor of taking the council meeting out to where people are and meet at various areas and include partnership city council/school district meetings. He said these activities help educate the council and help network with other players in the community. 4. Aho — Servine as a New Councilmember Aho commented that he is honored and humbled to have the opportunity to represent the people of Eden Prairie on the City Council. He said he will work diligently to represent all residents and is excited to work with council members and staff. He thanked everyone for their support and announced that he is always available and welcomes comments and suggestions. B. REPORT OF CITY MANAGER Neal reported that the proposed 2005 Council Workshop Schedule, distributed at CITY COUNCIL MEETING January 4, 2005 Page 8 tonight's meeting, includes two offsite meetings — April 12 joint session with Hennepin County Commissioners at Eden Prairie Library, and the October 4 meeting at the Riley -Jacques Barn. He said there is not yet a subject for the September 20 workshop. Neal said a new item will be a quarterly financial report. He said this schedule will be updated periodically with bi-monthly updates. C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Butcher moved, seconded by Case, to adjourn the meeting. Motion carried 5-0. Mayor Tyra -Lukens adjourned the meeting at 7:49 p.m. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 18, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII. A. Christy Weigel, Police/ Clerk's License Application List Community Investigations Unit These licenses have been approved by the department heads responsible for the licensed activity. 2005 Renewal Licenses Solid Waste Collector Alpha Construction Services Armor Roll -Off Services LLC Aspen Waste Systems Inc BFI/Allied Waste Services Biffs Boxes LLC Boone Trucking Inc Buckingham Trucking, Inc. Dicks Sanitation Dumpster Box Services Ken Carlson's Roll -Off Services Keith Krupenny & Son Disposal Service Inc Lightning Disposal Inc Mickelson Construction Service Onyx Waste Service Randy's Sanitation Inc Red Arrow Waste Tennis Roll Off Tri-K Services Tubs Inc Twin City Refuse Veit Disposal Systems Walters Recycling & Refuse Waste Management Corp Waste Technology Inc -1- CITY COUNCIL AGENDA DATE: January 18, 2005 SECTION: Consent Agenda DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII. B. Community Eden Heights Estates Development/Planning Janet Jeremiah Scott Kipp Requested Action Move to: • Approve 2nd Reading of the Ordinance for PUD District Review and Zoning District Change from R1-22 to R1-13.5 on 18.62 acres; and • Approve the Development Agreement for Eden Heights Estates; and • Approve and Authorize Issuance of a Grading Permit for Eden Heights Estates, subject to release by the City Engineer upon determination that the final contract documents conform to plans stamp dated November 29, 2004, as approved by the City Council. Synopsis This is a proposal for a single-family subdivision for 47 single family lots, to include 39 lots for new single-family homes and 8 lots with existing single-family homes. Attachments 1. Ordinance for PUD District Review and Zoning District Change 2. Development Agreement EDEN HEIGHTS ESTATES CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO.1-2005-PUD-1-2005 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the R1-22 Zoning District and be placed in the Planned Unit Development R1-13.5 Zoning District 1-2005-PUD-1-2005 (hereinafter 'PUD-1-2005-R1-13.5"). Section 3. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of January 18, 2005, entered into between Premier Development of the Twin Cities, Inc., and the City of Eden Prairie, (hereinafter "Development Agreement"). The Development Agreement contains the terms and conditions of PUD-1-2005- R1-13.5, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-1-2005-R1-13.5 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-1-2005-R1-13.5 is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-1-2005-R1-13.5 are justified by the design of the development described therein. D. PUD-1-2005-R1-13.5 is of sufficient size, composition, and arrangement that its construction, marketing, and operation are feasible as a complete unit without dependence upon any subsequent unit. Section 5. The proposal is hereby adopted and the land shall be, and hereby is removed from the R1-22 Zoning District, and placed in the R1-13.5 Zoning District and shall be included hereafter in the Planned Unit Development PUD-1-2005-R1-13.5 and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation' and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 7`" day of December, 2004, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the 18th day of January, 2005. ATTEST: Kathleen Porta, City Clerk Nancy Tyra -Lukens, Mayor PUBLISHED in the Eden Prairie Sun Current on , 2005. EDEN HEIGHTS ESTATES CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 1-2005-PUD-1-2005 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows rezoning of land located at the southwest corner of Pioneer Trail and Eden Prairie Road, from the R1-22 Zoning District to the R1-13.5 Zoning District on 18.62 acres. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen A. Porta, City Clerk Nancy Tyra -Lukens, Mayor PUBLISHED in the Eden Prairie Sun Current on 52005. (A full copy of the text of this Ordinance is available from City Clerk.) EXHIBIT A EDEN HEIGHTS ESTATES Legal Description- Planned Unit Development Area 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. Legal Description Zoning District Change from R1-22 to R1-13.5 Lots 3, 4, 5, 6, 7, 8, and those parts of Lots 12, 13, 14, 15, 16, and 17, Block 1, EDEN HEIGHTS, according to the recorded plat thereof, Hennepin County, Minnesota, lying northerly of a line described as commencing at the southwest corner of said Lot 12; thence northerly along the west line of said Lot 12 to its intersection with a line 275.00 feet northerly of and parallel with the south line of said Lot 12 and its easterly extension being the point of beginning of the line to be described; thence easterly along said parallel line and its easterly extension, a distance of 399.30 feet to the north -south common line of said Lots 13 and 14; thence southerly along said common line a distance of 50.00 feet to its intersection with a line 225.00 feet northerly of and parallel with said south line of Lot 17 and its easterly extension; thence easterly along last described parallel line a distance of 600.03 feet to the east line of said Lot 16; thence deflecting to the left, 14 degrees 27 minutes 07 seconds, a distance of 205.98 feet to the east line of said Lot 17 where said line terminates. DEVELOPMENT AGREEMENT Eden Heights Estates THIS DEVELOPMENT AGREEMENT ("Agreement") is entered into as of January 18, 2005, by Premier Development of the Twin Cities, Inc., a Minnesota corporation, hereinafter referred to as 'Developer," its successors and assigns, and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City WITNESSETH: WHEREAS, Developer has applied to City for Planned Unit Development Concept Review on 24.78 acres, Planned Unit Development District Review with waivers on 24.78 acres, Zoning District Change from R1-22 to R1-13.5 Zoning District on 18.62 acres, and Preliminary Plat of 24.78 acres into 47 lots and road right-of-way, legally described on Exhibit A (the "Property"); NOW, THEREFORE, in consideration of the City adopting Resolution No. 2004-170 for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review and Zoning District Change from R1-22 to R1-13.5 on 18.62 acres, Resolution No. 2004-171 for Preliminary Plat, Developer agrees to construct, develop and maintain the Property as follows: 1. PLANS: Developer shall develop the Property in conformance with the materials revised and stamp dated November 29, 2004, reviewed and approved by the City Council on December 7, 2004, (hereinafter the "Plans") and identified on Exhibit B, subject to such changes and modifications as provided herein. 2. EXHIBIT C: Developer agrees to the terms, covenants, agreements, and conditions set 3. 4. 5 forth in Exhibit C. DEVELOPER'S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a violation of City Code relating to use of the Land construction thereon or failure to fulfill an obligation imposed upon the Developer pursuant to this Agreement, City shall give 24 hour notice of such violation in order to allow a cure of such violation, provided however, City need not issue a building or occupancy permit for construction or occupancy on the Land while such a violation is continuing, unless waived by City. The existence of a violation of City Code or the failure to perform or fulfill an obligation required by this Agreement shall be determined solely and conclusively by the City Manager of the City or a designee. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall release, defend and indemnify City, its elected and appointed officials, employees and agents from and against any and all claims, demands, lawsuits, complaints, loss, costs (including attorneys' fees), damages and injunctions relating to any acts, failures to act, errors, omissions of Developer or Developer's consultants, contractors, subcontractors, suppliers and agents. Developer shall not be released from its responsibilities to release, defend and indemnify because of any inspection, review or approval by City. GRADING, DRAINAGE, AND EROSION CONTROL PLANS: A. FINAL GRADING AND DRAINAGE PLAN: Developer agrees that the grading and drainage plan contained in the Plans may require revision based on review by the City Engineer of the final construction documents which include a construction grading and drainage plan. Prior to the release of a land alteration permit for the Property, Developer shall submit and obtain the City Engineer's written approval of the construction grading and drainage plan for the Property. The construction grading and drainage plan shall include all wetland, wetland buffer strips, wetland buffer monument locations, water quality ponds, storm water detention areas and other items required by the application for and release of a land alteration permit. All design calculations for storm water quality and quantity together with a drainage area map shall be submitted with the final grading and drainage plan. Prior to release of the grading bond, Developer shall certify to the City that the water quality pond conforms to the final grading plan. Along the Property boundary with Pioneer Trail, the grades shown on the construction grading plan shall be compatible with the grading proposed by Hennepin County for Pioneer Trail improvements. Prior to the release of the land alteration permit the Developer shall demonstrate to the City Engineer that the proposed grades for the Property are compatible with grades proposed by Hennepin County for Pioneer Trail improvements. Developer shall employ the design professional who prepared the construction grading plan. The design professional shall monitor construction for conformance to the approved construction grading plan and City erosion control policy. The design professional shall provide a final report to the City certifying completion of the grading in conformance the approved construction grading plan and City erosion control policy. B. EROSION CONTROL PLAN: Prior to issuance of a land alteration permit, Developer shall submit to the City Engineer and obtain City Engineer's written approval of an erosion control plan for the Property. The erosion control plan shall include all boundary erosion control features, temporary stockpile locations and turf restoration procedures: All site grading operations shall conform to the City's Erosion Control Policy labeled Exhibit D, attached hereto and made a part hereof. Prior to release of the grading bond, Developer shall complete implementation of the approved plan. Developer shall remove any sediment that accumulates in the existing and/or proposed sedimentation pond during construction. Upon request by the City, Developer shall provide preconstruction and post construction surveys for evaluation by City. 6. HENNEPIN COUNTY PERMITS: Prior to issuance by the City of any permit for the construction of streets and utilities for the Property, Developer shall obtain from Hennepin County, permits for access to CSAH #l, as well as utility permits or any other permits as required by Hennepin County for the project, and provide copies of said permits to the City Engineer. Prior to the issuance of the first building permit for the Property, the Developer shall remove all existing driveways on the Property that currently take access from CSAH # 1 in accordance with Hennepin County. 7. OWNER'S SUPPLEMENTS TO DEVELOPMENT AGREEMENT: The Owner's Supplements to this Agreement executed by and between the City of Eden Prairie and the following are attached hereto and made a part hereof. A. Allan L. Nash B. Pearl L. Wong C. Carl Richard Perkins and Mary M. Perkins D. Douglas Christensen and Cynthia Christensen E. Scott J. Brau and Marie O'Brien Brau F. Peter M. Jorgenson and Diane Jorgenson G. Thomas J. Bolke and Martha M. Bolke H. Michael P. Clarke and Carol Clarke I. John F. Hansen and Caryl C. Hansen J. Scott R. Fiedler and Candice L. Fiedler K. Patrick D. Maynard and Krista Maynard L. Duane Auseth M. Tim A. Burgett and Nancy J. Burgett N. John A. DeMinico and Elizabeth M. DeMinico 8. PUD WAIVERS GRANTED: The city hereby grants the following waivers to City Code requirements within the R1-13.5 Zoning District as depicted in the Plans through the Planned Unit Development District Review for the Property and incorporates said waivers as part of PUD 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. 9. REMOVAL/SEALING OF EXISTING WELLS AND SEPTIC SYSTEMS: Prior to issuance by City of any permit for grading or building on the Property, Developer shall submit to the Chief Building Official and to obtain the Chief Building Official's written approval of plans for demolition and removal of existing septic systems and wells and restoration of the Property located on that portion of the Property to be platted as Lots I-11, Block 1, Lots 1-11, Block 2, and Lots 1-16, Block 3, EDEN HEIGHTS ESTATES, as depicted on the Preliminary Plat of the Exhibit B Plans. Prior to issuance by City of any permit for grading or building on the Property, Developer shall complete the demolition and removal of existing septic systems and wells on the Property and restore the Property. Prior to such demolition or removal, Developer shall provide to the City a deposit in the amount of $1,000.00 to guarantee that Developer completes implementation of the approved plan. The city shall return to Developer the $1,000.00 deposit at such time as the Chief Building Official has verified in writing that the Developer has completed implementation of the approved plan. 10. RETAINING WALLS: Prior to issuance by the City of any permit for grading or construction on the Property, Developer shall submit to the Chief Building Official, and obtain the Chief Building Official's written approval of detailed plans for the retaining walls identified on the grading plan in the Plans. These plans shall include details with respect to the height, type of materials, and method of construction to be used for the retaining walls. Developer shall complete implementation of the approved retaining wall plan in accordance with the terms and conditions of Exhibit C, attached hereto, prior to issuance of any occupancy permit for the Property. 11. SIDEWALK AND TRAIL CONSTRUCTION: Prior to issuance by City of any building permit on the Property, Developer shall submit to the Director of Parks and Recreation Services and obtain the Director's written approval of detailed plans for sidewalks and trails to be constructed on the Property. Prior to release of any portion of the final plat, Developer shall convey access easements for such sidewalks and trails in such locations as determined by the Director of Parks and Recreation Services. Sidewalks and trails shall be constructed in the following locations: A. A five-foot wide concrete sidewalk to be located along the east and north side of Vineyard Trail and along the south side of Serenity Lane as depicted in the Plans. Developer shall complete implementation of the approved plans in accordance with the terms of Exhibit C prior to issuance of any occupancy permit for the Property. 12. STORMWATER POND: Prior to the release of the final plat for the Property, Developer shall submit to the City Engineer, and obtain the City Engineer's written approval of detailed plans for re -vegetation around the storm water pond located on the Property. This plan shall include native plantings consistent with City Code section 9.71. Developer shall maintain the native plantings consistent with City Code. 13. SPECIAL ASSESSMENT AGREEMENT: Prior to the release of the final plat for the Property, an assessment agreement, in the form and substance as attached in Exhibit E, shall be signed by the owner(s) of the Property with the City for trunk sewer and water assessments on an assessable area of 20.74 acres in the amount of $120,212.30. 14. STREET AND UTILITY PLANS: Prior to issuance by the City of any permit for the construction of streets and utilities for the Property, Developer shall submit to the City Engineer, and obtain the City Engineer's written approval of plans for public streets, sanitary sewer, water and storm sewer. Plans for public infrastructures shall be of a plan view and profile on 24 x 36 plan sheets consistent with City standards. Prior to release of the final plat for the Property, Developer shall furnish to the City Engineer and receive the City Engineer's written approval of a surety equal to 125% of the cost of said improvements. A permit fee of five percent of construction value shall be paid to City by Developer. The design engineer shall provide daily inspection, certify completion in conformance to approved plans and specifications and provide record drawings. 15. TREE LOSS - TREE REPLACEMENT: There are 1,743 diameter inches of significant trees on the Property. Tree loss related to development on the Property is calculated at 1,413 diameter inches. Tree replacement required is 1,522 caliper inches. Prior to the issuance of any grading permit for the Property, Developer shall submit to the City Forester and receive the City Forester's written approval of a tree replacement plan for 1,522 caliper inches. This approved plan shall include replacement trees of a 3-inch diameter minimum size for a shade tree and a 7-foot minimum height for conifer trees. The approved plan shall also provide that, should actual tree loss exceed that calculated herein, Developer shall provide tree replacement on a caliper inch per caliper inch basis for such excess loss. Prior to issuance of any grading permit for the Property, Developer shall furnish to the City Planner and receive the City Planner's approval of a tree replacement bond equal to 150% of the cost of said improvements as required by City Code. Developer shall complete implementation of the approved tree replacement plan prior to occupancy permit issuance. 16. UTILITY EASEMENT: Prior to the release of the final plat for the Property, or prior to construction of utilities, whichever occurs first, Developer shall convey a drainage and utility easement to the City, located between the Property and Eden Prairie Road as depicted in the Plans. Said easement shall be prepared in form and substance as approved by the City Engineer. IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. PREMIER DEVELOPMENT OF CITY OF EDEN PRAIRIE THE TWIN CITIES, INC. By By Its Nancy Tyra -Lukens Its Mayor BY By_ ItsScott H. Neal Its City Manager STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this 18t' day of January, 2005, by Nancy Tyra -Lukens and Scott H. Neal, respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2005, by the , of Premier Development of the Twin Cities, Inc., a Minnesota corporation, on behalf of the corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 EXHIBIT A DEVELOPMENT AGREEMENT — EDEN HEIGHTS ESTATES Legal Description Before Final Plat 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. Legal Description After Final Plat Lots 1-11, Block 1, Lots 1-11, Block 2, Lots 1-25, Block 3, EDEN HEIGHTS ESTATES EXHIBIT B DEVELOPMENT AGREEMENT - EDEN HEIGHTS ESTATES PLANS 1. Boundary Survey dated I1/11/04 by Sathre-Berquist, Inc. 2. Existing Conditions dated 08/24/04 by Sathre-Berquist, Inc. 3. Preliminary Plat dated 10/22/04 by Sathre-Berquist, Inc. 4. Preliminary Utility Plan dated 11/24/04 by Sathre-Berquist, Inc. 5. Grading, Drainage, & Erosion Control Plan (GPI) dated 11/24/04 by Sathre-Berquist, Inc. 6. Grading, Drainage, & Erosion Control Plan (GP2) dated 11/11/04 by Sathre-Berquist, Inc. 7. Tree Location Survey dated 11/24/04 by Sathre-Berquist, Inc. 8. Tree Removal Plan dated 11/24/04 by Sathre-Berquist, Inc. 9. Tree Replacement Plan dated 11/24/04 by Sathre-Berquist, Inc. 10. Tree List Proposed Conditions dated 11/24/04 by Sathre-Berquist, Inc. EXHIBIT C DEVELOPMENT AGREEMENT — EDEN HEIGHTS ESTATES I. Prior to release of any building permit, Developer shall submit to the City Engineer for approval two copies of a development plan (1" =100' scale) showing existing and proposed contours, proposed streets, and lot arrangements and size, minimum floor elevations on each lot, preliminary alignment and grades for sanitary sewer, water main, and storm sewer, 100- year flood plain contours, ponding areas, tributary areas to catch basins, arrows showing direction of storm water flow on all lots, location of walks, trails, and any property deeded to the City. II. Developer shall submit detailed construction and storm sewer plans to the Watershed District for review and approval. Developer shall follow all rules and recommendations of said Watershed District. III. Developer shall pay cash park fees as to all of the Property required by City Code in effect as of the date of the issuance of each building permit for construction on the Property. IV. If Developer fails to proceed in accordance with this Agreement within twenty-four (24) months of the date hereof, Developer, for itself, its successors, and assigns, shall not oppose the City's reconsideration and rescission of any Planned Unit Development, Rezoning, or Preliminary Plat approved in connection with this Agreement, thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. V. Provisions of this Agreement shall be binding upon and enforceable against the Property and the Owners, their successors and assigns of the Property. VI. The Developer hereby irrevocably nominates, constitutes, and appoints and designates the City as its attorney -in -fact for the sole purpose and right to amend Exhibit A hereto to identify the legal description of the Property after platting thereof. VII. Developer represents that it has marketable fee title to the Property, except: A. Allan L. Nash B. Pearl L. Wong C. Carl Richard Perkins and Mary M. Perkins D. Douglas Christensen and Cynthia Christensen E. Scott J. Brau and Marie O'Brien Brau F. Peter M. Jorgenson and Diane Jorgenson G. Thomas J. Bolke and Martha M. Bolke H. Michael P. Clarke and Carol Clarke I. John F. Hansen and Caryl C. Hansen J. Scott R. Fiedler and Candice L. Fiedler K. Patrick D. Maynard and Krista Maynard L. Duane Auseth M. Tim A. Burgett and Nancy J. Burgett N. John A. DeMinico and Elizabeth M. DeMinico With respect to any interest in all portions of the Property which Developer is required, pursuant to this Agreement, to dedicate or convey to the City (the "Dedicated Property"), Developer represents and warrants as follows now and at the time of dedication or conveyance: A. That Developer has marketable fee title free and clear of all mortgages, liens, and other encumbrances. Prior to final plat approval, Developer shall provide to the City a current title insurance policy insuring such a condition of title. B. That Developer has not used, employed, deposited, stored, disposed of, placed or otherwise allowed to come in or on the Dedicated Property, any hazardous substance, hazardous waste, pollutant, or contaminant, including, but not limited to, those defined in or pursuant to 42 U.S.C. § 9601, et. seq., or Minn. Stat., Sec. I I5B.01, et. seq. (such substances, wastes, pollutants, and contaminants hereafter referred to as "Hazardous Substances"); C. That Developer has not allowed any other person to use, employ, deposit, store, dispose of, place or otherwise have, in or on the Property, any Hazardous Substances. D. That no previous owner, operator or possessor of the Property deposited, stored, disposed of, placed or otherwise allowed in or on the Property any hazardous substances. Developer agrees to indemnify, defend and hold harmless City, its successors and assigns, against any and all loss, costs, damage and expense, including reasonable attorneys fees and costs that the City incurs because of the breach of any of the above representations or warranties and/or resulting from or due to the release or threatened release of Hazardous Substances which were, or are claimed or alleged to have been, used, employed, deposited, stored, disposed of, placed, or otherwise located or allowed to be located, in or on the Dedicated Property by Developer, its employees, agents, contractors or representatives. VIII. Developer acknowledges that Developer is familiar with the requirements of Chapter 11, Zoning, and Chapter 12, Subdivision Regulations, of the City Code and other applicable City ordinances affecting the development of the Property. Developer agrees to develop the Property in accordance with the requirements of all applicable City Code requirements and City Ordinances. IX. Prior to release of the final plat, Developer shall pay to City fees for the first three (3) years' street lighting on the public streets adjacent to the Property (including installation costs, if any, as determined by electrical power provider), engineering review, and street signs. X. Developer shall submit detailed water main, fire protection, and emergency vehicle access plans to the Fire Marshal for review and approval. Developer shall follow all the recommendations of the Fire Marshal. XI. Developer acknowledges that the rights of City performance of obligations of Developer contemplated in this agreement are special, unique, and of an extraordinary character, and that, in the event that Developer violates, or fails, or refuses to perform any covenant, condition, or provision made herein, City may be without an adequate remedy at law. Developer agrees, therefore, that in the event Developer violates, fails, or refuses to perform any covenant, condition, or provision made herein, City may, at its option, institute and prosecute an action to specifically enforce such covenant, withhold building permits or rescind or revoke any approvals granted by the City. No remedy conferred in this agreement is intended to be exclusive and each shall be cumulative and shall be in addition to every other remedy. The election of anyone or more remedies shall not constitute a waiver of any other remedy. XII. Developer shall, prior to the commencement of any improvements, provide written notice to Time Warner Cable, a Minnesota Limited Partnership, the franchisee under the City's Cable Communication Ordinance (80-33) of the development contemplated by this Development Agreement. Notice shall be sent to Time Warner Cable, 801 Plymouth Avenue North, Minneapolis, Minnesota 55411. XIII. Prior to building permit issuance, all fees associated with the building permit shall be paid to the Inspections Department, including; Building permit fee, plan check fee, State surcharge, metro system access charge (SAC), City SAC and City water access charge (WAC), and park dedication. Contact Metropolitan Waste Control to determine the number of SAC units. XIV. Prior to building permit issuance, except as otherwise authorized in the approved Plans, existing structures, walls and septic systems (if present) shall be properly abandoned or removed as required by City ordinance and all permits obtained through the Inspections Department. XV. Prior to building permit issuance, provide two copies of an approved survey or site plan (1" = 200 scale) showing proposed building location and all proposed streets, with approved street names, lot arrangements and property lines. XVI. The City shall not issue any building permit for the construction of any building, structure, or improvement on the Property until all requirements listed in this Exhibit C have been satisfactorily addressed by Developer. XVIL No failure of the City to comply with any term, condition, covenant or agreement herein shall subject the City to liability for any claim for damages, costs or other financial or pecuniary charges. No execution on any claim, demand, cause of action or judgment shall be levied upon or collected from the general credit, general fund or taxing powers of the City. XVIII. Prior to issuance of the first building permit for the Property, Developer shall permanently demarcate the location of the boundary of the conservation easement on each lot property line or corner with permanent four -foot tall posts. A 2 % by 6 inch sign or decal reading "Scenic/Conservation Easement Boundary, City of Eden Prairie", will be affixed to the top of the post. XIX. Within 10 days of the approval of the Development Agreement, the Developer shall record the Development Agreement at the County Recorder and / or Registrar of Titles. The final plat shall not be released until proof of filing of the Development Agreement is submitted to the City. XX. The City is hereby granted the option, but not the obligation, to complete or cause completion in whole or part of all of the Developer's obligations under this Agreement for which a bond, letter of credit, cash deposit or other security (hereinafter referred to as the "Security") is required if the Developer defaults with respect to any term or condition in this Agreement for which Security is required and fails to cure such default(s) within ten (10) days after receipt of written notice thereof from the City; provided however if the nature of the cure is such that it is not possible to complete the cure within ten (10) days, it shall be sufficient if the Developer has initiated and is diligently pursuing such cure. The Developer acknowledges that the City does not assume any obligations or duties of the Developer with respect to any such contract agreements unless the City shall agree in writing to do so. The City may draw down on or make a claim against the Security, as appropriate, upon five (5) business days notice to the Developer, for any violation of the terms of this Agreement or if the Security is allowed to lapse prior to the end of the required term. If the obligations for which Security is required are not completed at least thirty (30) days prior to the expiration of the Security and if the Security has not then been renewed, replaced or otherwise extended beyond the expiration date, the City may also draw down or make a claim against the Security as appropriate. If the Security is drawn down on or a claim is made against the Security, the proceeds shall be used to cure the default(s) and to reimburse the City for all costs and expenses, including attorneys' fee, incurred by the City in enforcing this Agreement. XXI. The Developer hereby grants the City, it's agents, employees, officers and contractors a license to enter the Property to perform all work and inspections deemed appropriate by the City in conjunction with this Agreement. XXII. This Agreement is a contract agreement between the City and the Developer. No provision of this Agreement inures to the benefit of any third person, including the public at large, so as to constitute any such person as a third -party beneficiary of the Agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of action for any person not a party hereto, EXHIBIT D DEVELOPMENT AGREEMENT EDEN HEIGHTS ESTATES EROSION CONTROL POLICY - AUGUST 1, 1997 1. All construction projects permitted by the City of Eden Prairie which results in the temporary disturbance of vegetative or non -vegetative surfaces protecting soils from erosion require the use of Best Management Practices (BMP's) as outlined in the Minnesota Pollution Control Agency's manual, Protecting Water Quality in Urban Areas, to mitigate the impact of erosion on wetland and water resources. The City Engineer or the Director of Inspections may impose special conditions to permits which stipulate erosion control procedures and/or direct the installation of erosion control features or the clean up of erosion at construction sites. Permits affected by this policy include all grading permits, building permits, and permits for the installation of utilities. 2. All erosion control systems stipulated in the permit application shall be installed prior to the issuance of the permit. Supplemental erosion control systems ordered by the City Engineer or the Director of Inspections shall be installed within 48 hours of that order. 3. The applicant must maintain all erosion control systems in a functional condition until the completion of turf and/or structural surfaces, which protect the soil from erosion. The applicant must inspect erosion control biweekly and immediately after each rainfall event of .5 inches or more. Needed maintenance shall be performed within 48 hours. 4. Best Management Practices (BMP's) shall be utilized at all construction sites to minimize the trackage or spillage of soil on public streets or highways. BMP's may include, but are not limited to, rock construction entrances, washing stations, frequent cleaning of streets adjacent to the construction site or limiting operations when site conditions are unmanageable. Trackage or spillage of soil on a public street or highway must be cleaned by power sweepers within the time frame stipulated in the permit special conditions or as ordered by the City Engineer or the Director of Inspections. 5. If erosion breaches the perimeter of a construction site, the applicant shall immediately develop a clean up and restoration plans, obtain the right -of -entry from the adjoining property owner, and implement the clean up and a restoration plan within 48 hours of obtaining the adjoining property owner's permission. In the event eroded soils enter onto or are tracked or spilled on a public street, highway, sidewalk or trail, the applicant shall remove the soil material and thoroughly sweep the street or sidewalk surface within four hours. If eroded soils enter, or entrance appears imminent, into wetlands or other water bodies, clean up and repair shall be immediate. The applicant shall provide all traffic control and flagging required to protect the traveling public during the clean up operations. 6. When an applicant fails to conform to any provision of this policy within the time stipulated in a written notification, the City may take the following actions: a. Withhold the scheduling of inspections and/or the issuance of a Certificate of Occupancy or other approvals. b. Direct the correction of the deficiency by City personnel or separate contract. C. Withhold the issuance of building permits d. At its option, institute and prosecute an action to enjoin violations of this Agreement and/or an action to specifically enforce performance of this Agreement The issuance of a permit constitutes a right -of -entry for the City or its contractor to enter upon the construction site for the purpose of correcting deficiencies in erosion control. All costs, including but not limited to, attorneys' fees and engineering fees incurred by the City in correcting erosion control deficiencies or enforcing this policy shall be reimbursed by the applicant. All invoices for erosion control correction shall be due and payable within 30 days. Invoices not paid within 30 days shall accrue interest at a rate of 1 % per month or the highest legal rate. Each charge for correction of erosion deficiencies shall be a lien upon the property to which the permit applies. Invoices more than 30 days old on September 30 or any year or on any other date as determined by the City Engineer or the Director of Inspections may be assessed against the property. As a condition of the permit, the owner shall waive notice of any assessment hearing to be conducted by the City, concur that the benefit to the property exceeds the amount of the proposed assessment and waive all rights by virtue of Minnesota Statute 429.081 or otherwise to challenge the amount or validity of the assessment. I, We, The Undersigned, hereby accept the terms and conditions of the Erosion Control Policy dated August 1, 1997 as set forth and agree to fully comply therewith, to the satisfaction of the City of Eden Prairie, Minnesota. By: NOT TO BE SIGNED By: NOT TO BE SIGNED Owner's Signature Applicant's Signature DEVELOPMENT NAME: OWNER INFORMATION OWNER (PRINT): ADDRESS CITY STATE ZIP Lot: Block: EXHIBIT E DEVELOPMENT AGREEMENT - EDEN HEIGHTS ESTATES AGREEMENT REGARDING SPECIAL ASSESSMENTS THIS IS AN AGREEMENT MADE THIS day of , 2005, between the City of Eden Prairie, a municipal corporation, (the "City") and Premier Development of the Twin Cities, Inc., a Minnesota corporation (the "Owner"). A. The Owner holds legal and equitable title to property described as , Hennepin County, Minnesota, which property is the subject of this Agreement and is hereinafter referred to as the "Property". B. The Owner desires to develop the property in such a manner that relies upon the City's trunk utility system, including trunk sanitary sewers, trunk watermains, wells, elevated storage facilities and a water treatment plant (all of which is hereafter referred to as the "Improvement"). C. The parties hereto desire to enter into an Agreement concerning the financing of the construction of the Improvements all of which will inure to the benefit of the Property. AGREEMENTS IT IS HEREBY AGREED as follows: 1. The Owner consents to the levying of assessments against the Property in the amount of $ 120,212.30 for the Improvements. 2. The City's assessment records for the Property will show the assessments as a "pending assessment" until levied. 3. The Owner waives notice of any assessment hearing to be held at which hearing or hearings the assessment is to be considered by the City Council and thereafter approved and levied. 4. The Owner concurs that the benefit to the Property by virtue of the Improvements to be constructed exceeds the amount of the assessment to be levied against the Property. The Owner waives all rights it has by virtue of Minnesota Statute 429.081 or otherwise to challenge the amount or validity of the assessments, or the procedures used by the City in apportioning the assessments and hereby releases the City, its officers, agents and employees from any and all liability related to or arising out of the imposition or levying of the assessments. 5. This agreement shall be effective immediately. OWNER Premier Development of the Twin Cities, Inc. A Minnesota corporation By: NOT TO BE SIGNED CITY OF EDEN PRAIlUE A Minnesota Municipal Corporation By: NOT TO BE SIGNED Nancy Tyra -Lukens Its Mayor By: NOT TO BE SIGNED Scott H. Neal, Its City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2005, by Nancy Tyra -Lukens, the Mayor, and Scott H. Neal, the City Manager, of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of the corporation. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2005, by the _ of Premier Development of the Twin Cities, Inc., a Minnesota corporation on behalf of the corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 OWNERS' SUPPLEMENT TO DEVELOPMENT AGREEMENT BETWEEN PREMIER DEVELOPMENT OF THE TWIN CITIES, INC., AND THE CITY OF EDEN PRAIRIE THIS AGREEMENT, made and entered into as of January 18, 2005, by and between Allan L. Nash, an individual, ("Owner"), and the CITY OF EDEN PRAIRIE ("City"): For, and in consideration of, and to induce City to adopt Resolution No. 2004-170 for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review and Zoning District Change from RI-22 to R1-13.5, and Resolution No. 2004-171 for Preliminary Plat, as more fully described in that certain Development Agreement entered into as of January 18, 2005, by and between Premier Development of the Twin Cities, Inc., a Minnesota corporation, and City ("Development Agreement"), Owner agrees with City as follows: 1. If Premier Development of the Twin Cities, Inc., fails to commence development in accordance with the Development Agreement and fails to obtain an occupancy permit for all of the improvements referred to in the Development Agreement within 24 months of the date of this Owners' Supplement, Owner shall not oppose the City's reconsideration and rescission of Resolution No. 2004-170 for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review and Zoning District Change from R1-22 to R1- 13.5, and Resolution No. 2004-171 for Preliminary Plat, identified above, thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. 2. This Agreement and the Development Agreement shall be binding upon and enforceable against the Property and the Owner, their successors and assigns of the Property. 3. If Owner transfers this Property, Owner shall obtain an agreement from the transferee requiring that such transferee agree to all of the terms, conditions and obligations of "Developer" in the Development Agreement. Neither the Owner or transferee are required to develop the property in accordance with this Agreement, so long as Owner or transferee obtain such approvals as are required by City Code to develop the Property in a manner other than as set forth in this Agreement. IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. OWNER CITY OF EDEN PRAIRIE By Nancy Tyra -Lukens Its Mayor By Scott H. Neal, Its City Manager STATE OF MINNESOTA ) )SS.' COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this 18'h day of January, 2005, by Nancy Tyra -Lukens and Scott H. Neal, respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged ,before me this day of 2005, by , an individual. Notary Public EXHIBIT A' OWNERS' SUPPLEMENT Legal Description Before Final Plat 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. Ir The Westerly 100 feet of Lot 17, Block 1, Eden Heights. Lot 17, except the Westerly 100 feet thereof, Block 1, Eden Heights. Legal Description After Final Plat g P Lots 1-11, Block 1, Lots l-11, Block 2, Lots 1-25, Block 3, EDEN HEIGHTS ESTATES OWNERS' SUPPLEMENT TO DEVELOPMENT AGREEMENT BETWEEN PREMIER DEVELOPMENT OF THE TWIN CITIES, INC., AND THE CITY OF EDEN PRAIRIE THIS AGREEMENT, made and entered into as of January 18, 2005, by and between Pearl L. Wong, an individual, ("Owner"), and the CITY OF EDEN PRAIRIE ("City"): For, and in consideration of, and to induce City to adopt Resolution No. 2004-170 for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review and Zoning District Change from R1-22 to R1-13.5, and Resolution No. 2004-171 for Preliminary Plat, as more fully described in that certain Development Agreement entered into as of January 18, 2005, by and between Premier Development of the Twin Cities, Inc., a Minnesota corporation, and City ("Development Agreement"), Owner agrees with City as follows: I . If Premier Development of the Twin Cities, Inc., fails to commence development in accordance with the Development Agreement and fails to obtain an occupancy permit for all of the improvements referred to in the Development Agreement within 24 months of the date of this Owners' Supplement, Owner shall not oppose the City's reconsideration and rescission of Resolution No. 2004-170 for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review and Zoning District Change from R1-22 to R1- 13.5, and Resolution No. 2004-171 for Preliminary Plat, identified above, thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. 2. This Agreement and the Development Agreement shall be binding upon and enforceable against the Property and the Owner, their successors and assigns of the Property. 3. If Owner transfers this Property, Owner shall obtain an agreement from the transferee requiring that such transferee agree to all of the terms, conditions and obligations of "Developer" in the Development Agreement. Neither the Owner or transferee are required to develop the property in accordance with this Agreement, so long as Owner or transferee obtain such approvals as are required by City Code to develop the Property in a manner other than as set forth in this Agreement. IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. OWNER CITY OF EDEN PRAIRIE By Nancy Tyra -Lukens Its Mayor By Scott H. Neal, Its City Manager STATE OF MINNESOTA ) )SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this 18'h day of January, 2005, by Nancy Tyra -Lukens and Scott H. Neal, respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public STATE OF MINNESOTA- ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 2005, by , an individual. Notary Public EXHIBIT A OWNERS' SUPPLEMENT Legal Description Before Final Plat 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. Legal Description After Final Plat Lots 1-11, Block 1, Lotsl-11, Block 2, Lots 1-25, Block 3, EDEN HEIGHTS ESTATES OWNERS' SUPPLEMENT TO DEVELOPMENT AGREEMENT BETWEEN PREMIER DEVELOPMENT OF THE TWIN CITIES, INC., AND THE CITY OF EDEN PRAIRIE THIS AGREEMENT, made and entered into as of January 18, 2005, by and between Carl Richard Perkins and Mary M. Perkins, husband and wife, ("Owner"), and the CITY OF EDEN PRAIRIE ("City"): For, and in consideration of, and to induce City to adopt Resolution No. 2004-170 for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review and Zoning District Change from R1-22 to R1-13.5, and Resolution No. 2004-171 for Preliminary Plat, as more fully described in that certain Development Agreement entered into as of January 18, 2005, by and between Premier Development of the Twin Cities, Inc., a Minnesota corporation, and City ("Development Agreement"), Owner agrees with City as follows: 1. If Premier Development of the Twin Cities, Inc., fails to commence development in accordance with the Development Agreement and fails to obtain an occupancy permit for all of the improvements referred to in the Development Agreement within 24 months of the date of this Owners' Supplement, Owner shall not oppose the City's reconsideration and rescission of Resolution No. 2004-170 for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review and Zoning District Change from R1-22 to R1- 13.5, and Resolution No. 2004-171 for Preliminary Plat, identified above, thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. 2. This Agreement and the Development Agreement shall be binding upon and enforceable against the Property and the Owner, their successors and assigns of the Property. 3. If Owner transfers this Properly, Owner shall obtain an agreement from the transferee requiring that such transferee agree to all of the terms, conditions and obligations of "Developer" in the Development Agreement. Neither the Owner or transferee are required to develop the property in accordance with this Agreement, so long as Owner or transferee obtain such approvals as are required by City Code to develop the Property in a manner other than as set forth in this Agreement. IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. OWNER CITY OF EDEN PRAIRIE By Nancy Tyra -Lukens Its Mayor By Scott H. Neal, Its City Manager STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this 18t' day of January, 2005, by Nancy Tyra -Lukens and Scott H. Neal, respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2005,by ,and husband and wife. Notary Public EXHIBIT A OWNERS' SUPPLEMENT Legal Description Before Final Plat 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. Legal Description After Final Plat Lots 1-11, Block 1, Lots l-11, Block 2, Lots 1-25, Block 3, EDEN HEIGHTS ESTATES OWNERS' SUPPLEMENT TO DEVELOPMENT AGREEMENT BETWEEN PREMIER DE N CITIES, DEVELOPMENT OF THE TWIN ITI S INC., AND THE CITY OF EDEN PRAIRIE THIS AGREEMENT, made and entered into as of January 18, 2005, by and between Douglas Christensen and Cynthia Christensen, husband and wife, ("Owner"), and the CITY OF EDEN PRAIRIE ("City"): For, and in consideration of, and to induce City to adopt Resolution No. 2004-170 for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review and Zoning District Change from R1-22 to R1-13.5, and Resolution No. 2004-171 for Preliminary Plat, as more fully described in that certain Development Agreement entered into as of January 18, 2005, by and between Premier Development of the Twin Cities, Inc., a Minnesota corporation, and City ("Development Agreement"), Owner agrees with City as follows: 1. If Premier Development of the Twin Cities, Inc., fails to commence development in accordance with the Development Agreement and fails to obtain an occupancy permit for all of the improvements referred to in the Development Agreement within 24 months of the date of this Owners' Supplement, Owner shall not oppose the City's reconsideration and rescission of Resolution No. 2004-170 for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review and Zoning District Change from R1-22 to R1- 13.5, and Resolution No. 2004-171 for Preliminary Plat, identified above, thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. 2. This Agreement and the Development Agreement shall be binding upon and enforceable against the Property and the Owner, their successors and assigns of the Property. 3. If Owner transfers this Property, Owner shall obtain an agreement from the transferee requiring that such transferee agree to all of the terms, conditions and obligations of "Developer" in the Development Agreement. Neither the Owner or transferee are required to develop the property in accordance with this Agreement, so long as Owner or transferee obtain such approvals as are required b City Code to develop the Property in a manner other than as set forth in this Y tY p P rty Agreement. IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. OWNER CITY OF EDEN PRAIRIE By Nancy Tyra -Lukens Its Mayor By Scott H. Neal, Its City Manager STATE OF MINNESOTA ) )SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this 18'' day of January, 2005, by Nancy Tyra -Lukens and Scott H. Neal, respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public STATE OF MINNESOTA ) )Ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this 52005,by ,and husband and wife. Notary Public day of EXHIBIT A OWNERS' SUPPLEMENT Legal Description Before Final Plat 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. Legal Description After Final Plat Lots 1-11, Block 1, Lotsl-11, Block 2, Lots 1-25, Block 3, EDEN HEIGHTS ESTATES OWNERS' SUPPLEMENT TO DEVELOPMENT AGREEMENT BETWEEN PREMIER DEVELOPMENT OF THE TWIN CITIES, INC., AND THE CITY OF EDEN PRAIRIE THIS AGREEMENT, made and entered into as of January 18, 2005, by and between Scott J. Brau and Marie O'Brien Brau, husband and wife, ("Owner"), and the CITY OF EDEN PRAIRIE (11Cityll): For, and in consideration of, and to induce City to adopt Resolution No. 2004-170 for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review and Zoning District Change from R1-22 to R1-13.5, and Resolution No. 2004-171 for Preliminary Plat, as more fully described in that certain Development Agreement entered into as of January 18, 2005, by and between Premier Development of the Twin Cities, Inc., a Minnesota corporation, and City ("Development Agreement"), Owner agrees with City as follows: I. If Premier Development of the Twin Cities, Inc., fails to commence development in accordance with the Development Agreement and fails to obtain an occupancy permit for all of the improvements referred to in the Development Agreement within 24 months of the date of this Owners' Supplement, Owner shall not oppose the City's reconsideration and rescission of Resolution No. 2004-170 for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review and Zoning District Change from R1-22 to Rl- 13.5, and Resolution No. 2004-171 for Preliminary Plat, identified above, thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. 2. This Agreement and the Development Agreement shall be binding upon and enforceable against the Property and the Owner, their successors and assigns of the Property. 3. If Owner transfers this Property, Owner shall obtain an agreement from the transferee requiring that such transferee agree to all of the terms, conditions and obligations of "Developer" in the Development Agreement. Neither the Owner or transferee are required to develop the property in accordance with this Agreement, so long as Owner or transferee obtain such approvals as are required by City Code to develop the Property in a manner other than as set forth in this Agreement. IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. OWNER CITY OF EDEN PRAIRIE By. Nancy Tyra -Lukens Its Mayor By Scott H. Neal, Its City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this 18t` day of January, 2005, by Nancy Tyra -Lukens and Scott H. Neal, respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 52005,by ,and , husband and wife. Notary Public EXHIBIT A OWNERS' SUPPLEMENT Legal Description Before Final Plat 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. Legal Description After Final Plat Lots 1-11, Block 1, Lotsl-11, Block 2, Lots 1-25, Block 3, EDEN HEIGHTS ESTATES OWNERS' SUPPLEMENT TO DEVELOPMENT AGREEMENT BETWEEN PREMIER DEVELOPMENT OF THE TWIN CITIES, INC., AND THE CITY OF EDEN PRAIRIE THIS AGREEMENT, made and entered into as of January 18, 2005, by and between Peter M. Jorgenson and Diane Jorgenson, husband and wife, ("Owner"), and the CITY OF EDEN PRAIRIE ("City"): For, and in consideration of, and to induce City to adopt Resolution No. 2004-170 for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review and Zoning District Change from R1-22 to R1-13.5, and Resolution No. 2004-171 for Preliminary Plat, as more fully described in that certain Development Agreement entered into as of January 18, 2005, by and between Premier Development of the Twin Cities, Inc., a Minnesota corporation, and City ("Development Agreement"), Owner agrees with City as follows: 1. If Premier Development of the Twin Cities, Inc., fails to commence development in accordance with the Development Agreement and fails to obtain an occupancy permit for all of the improvements referred to in the Development Agreement within 24 months of the date of this Owners' Supplement, Owner shall not oppose the City's reconsideration and rescission of Resolution No. 2004-170 for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review and Zoning District Change from R1-22 to R1- 13.5, and Resolution No. 2004-171 for Preliminary Plat, identified above, thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. 2. This Agreement and the Development Agreement shall be binding upon and enforceable against the Property and the Owner, their successors and assigns of the Property. 3. If Owner transfers this Property, Owner shall obtain an agreement from the transferee requiring that such transferee agree to all of the terms, conditions and obligations of "Developer" in the Development Agreement. Neither the Owner or transferee are required to develop the property in accordance with this Agreement, so long as Owner or transferee obtain such approvals as are required by City Code to develop the Property in a manner other than as set forth in this Agreement. IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. OWNER CITY OF EDEN PRAIRIE By Nancy Tyra -Lukens Its Mayor By Scott H. Neal, Its City Manager STATE OF MINNESOTA ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this 18th day of January, 2005, by Nancy Tyra -Lukens and Scott H. Neal, respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public STATE OF MINNESOTA 1 ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this , 2005, by , and husband and wife. Notary Public day of EXHIBIT A OWNERS' SUPPLEMENT Legal Description Before Final Plat 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. Legal Description After Final Plat Lots 1-11, Block 1, Lotsl-11, Block 2, Lots 1-25, Block 3, EDEN HEIGHTS ESTATES OWNERS' SUPPLEMENT TO DEVELOPMENT AGREEMENT BETWEEN PREMIER DEVELOPMENT OF THE TWIN CITIES, INC., AND THE CITY OF EDEN PRAIRIE THIS AGREEMENT, made and entered into as of January 18, 2005, by and between Thomas J. Bolke and Martha M. Bolke, husband and wife, ("Owner"), and the CITY OF EDEN PRAIRIE ("City"): For, and in consideration of, and to induce City to adopt Resolution No. 2004-170 for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review and Zoning District Change from R1-22 to R1-13.5, and Resolution No. 2004-171 for Preliminary Plat, as more fully described in that certain Development Agreement entered into as of January 18, 2005, by and between Premier Development of the Twin Cities, Inc., a Minnesota corporation, and City ("Development Agreement"), Owner agrees with City as follows: 1. If Premier Development of the Twin Cities, Inc., fails to commence development in accordance with the Development Agreement and fails to obtain an occupancy permit for all of the improvements referred to in the Development Agreement within 24 months of the date of this Owners' Supplement, Owner shall not oppose the City's reconsideration and rescission of Resolution No. 2004-170 for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review and Zoning District Change from R1-22 to Rl- 13.5, and Resolution No. 2004-171 for Preliminary Plat, identified above, thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. 2. This Agreement and the Development Agreement shall be binding upon and enforceable against the Property and the Owner, their successors and assigns of the Property. 3. If Owner transfers this Property, Owner shall obtain an agreement from the transferee requiring that such transferee agree to all of the terms, conditions and obligations of "Developer" in the Development Agreement. Neither the Owner or transferee are required to develop the property in accordance with this Agreement, so long as Owner or transferee obtain such approvals as are required by City Code to develop the Property in a manner other than as set forth in this Agreement. IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. OWNER CITY OF EDEN PRAIRIE By Nancy Tyra -Lukens Its Mayor By Scott H. Neal, Its City Manager STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this 18t' day of January, 2005, by Nancy Tyra -Lukens and Scott H. Neal, respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ,2005,by ,and husband and wife. Notary Public day of EXHIBIT A OWNERS' SUPPLEMENT Legal Description Before Final Plat 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. Legal Description After Final Plat Lots 1-11, Block 1, Lots l-11, Block 2, Lots 1-25, Block 3, EDEN HEIGHTS ESTATES OWNERS' SUPPLEMENT TO DEVELOPMENT AGREEMENT BETWEEN PREMIER DEVELOPMENT OF THE TWIN CITIES, INC., AND THE CITY OF EDEN PRAIRIE THIS AGREEMENT, made and entered into as of January 18, 2005, by and between Michael P. Clarke and Carol Clarke, husband and wife, ("Owner"), and the CITY OF EDEN PRAIRIE ("City"): For, and in consideration of, and to induce City to adopt Resolution No. 2004-170 for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review and Zoning District Change from RI-22 to R1-13.5, and Resolution No. 2004-171 for Preliminary Plat, as more fully described in that certain Development Agreement entered into as of January 18, 2005, by and between Premier Development of the Twin Cities, Inc., a Minnesota corporation, and City ("Development Agreement"), Owner agrees with City as follows: 1. If Premier Development of the Twin Cities, Inc., fails to commence development in accordance with the Development Agreement and fails to obtain an occupancy permit for all of the improvements referred to in the Development Agreement within 24 months of the date of this Owners' Supplement, Owner shall not oppose the City's reconsideration and rescission of Resolution No. 2004-170 for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review and Zoning District Change from R1-22 to Rl- 13.5, and Resolution No. 2004-171 for Preliminary Plat, identified above, thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. 2. This Agreement and the Development Agreement shall be binding upon and enforceable against the Property and the Owner, their successors and assigns of the Property. 3. If Owner transfers this Property, Owner shall obtain an agreement from the transferee requiring that such transferee agree to all of the terms, conditions and obligations of "Developer" in the Development Agreement. Neither the Owner or transferee are required to develop the property in accordance with this Agreement, so long as Owner or transferee obtain such approvals as are required by City Code to develop the Property in a manner other than as set forth in this Agreement. IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. OWNER CITY OF EDEN PRAIRIE By. Nancy Tyra -Lukens Its Mayor By Scott H. Neal, Its City Manager STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this 18th day of January, 2005, by Nancy Tyra -Lukens and Scott H. Neal, respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2005,by ,and , husband and wife. Notary Public EXHIBIT A OWNERS' SUPPLEMENT Legal Description Before Final Plat 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. Legal Description After Final Plat Lots 1-11, Block 1, Lotsl-11, Block 2, Lots 1-25, Block 3, EDEN HEIGHTS ESTATES OWNERS' SUPPLEMENT TO DEVELOPMENT AGREEMENT BETWEEN PREMIER DEVELOPMENT OF THE TWIN CITIES, INC., AND THE CITY OF EDEN PRAIRIE THIS AGREEMENT, made and entered into as of January 18, 2005, by and between John F. Hansen and Caryl C. Hansen, husband and wife, ("Owner"), and the CITY OF EDEN PRAIRIE ("City"): For, and in consideration of, and to induce City to adopt Resolution No. 2004-170 for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review and Zoning District Change from R1-22 to R1-13.5, and Resolution No. 2004-171 for Preliminary Plat, as more fully described in that certain Development Agreement entered into as of January 18, 2005, by and between Premier Development of the Twin Cities, Inc., a Minnesota corporation, and City ("Development Agreement"), Owner agrees with City as follows: l . If Premier Development of the Twin Cities, Inc., fails to commence development in accordance with the Development Agreement and fails to obtain an occupancy permit for all of the improvements referred to in the Development Agreement within 24 months of the date of this Owners' Supplement, Owner shall not oppose the City's reconsideration and rescission of Resolution No. 2004-170 for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review and Zoning District Change from R1-22 to R1- 13.5, and Resolution No. 2004-171 for Preliminary Plat, identified above, thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. 2. This Agreement and the Development Agreement shall be binding upon and enforceable against the Property and the Owner, their successors and assigns of the Property. 3. If Owner transfers this Property, Owner shall obtain an agreement from the transferee requiring that such transferee agree to all of the terms, conditions and obligations of "Developer" in the Development Agreement. Neither the Owner or transferee are required to develop the property in accordance with this Agreement, so long as Owner or transferee obtain such approvals as are required by City Code to develop the Property in a manner other than as set forth in this Agreement. IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. OWNER CITY OF EDEN PRAIRIE By Nancy Tyra -Lukens Its Mayor By Scott H. Neal, Its City Manager STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this 18'' day of January, 2005, by Nancy Tyra -Lukens and Scott H. Neal, respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this 2005,by ,and husband and wife. Notary Public day of EXHIBIT A OWNERS' SUPPLEMENT Legal Description Before Final Plat 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. Legal Description After Final Plat Lots 1-11, Block 1, Lotsl-11, Block 2, Lots 1-25, Block 3, EDEN HEIGHTS ESTATES OWNERS' SUPPLEMENT TO DEVELOPMENT AGREEMENT BETWEEN PREMIER DEVELOPMENT OF THE TWIN CITIES, INC., AND THE CITY OF EDEN PRAIRIE THIS AGREEMENT, made and entered into as of January 18, 2005, by and between Scott R. Fiedler and Candice L. Fiedler, husband and wife, ("Owner"), and the CITY OF EDEN PRAIRIE ("City"): For, and in consideration of, and to induce City to adopt Resolution No. 2004-170 for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review and Zoning District Change from R1-22 to R1-13.5, and Resolution No. 2004-171 for Preliminary Plat, as more 'fully described in that certain Development Agreement entered into as of January 18, 2005, by and between Premier Development of the Twin Cities, Inc., a Minnesota corporation, and City ("Development Agreement"), Owner agrees with City as follows: 1. If Premier Development of the Twin Cities, Inc., fails to commence development in accordance with the Development Agreement and fails to obtain an occupancy permit for all of the improvements referred to in the Development Agreement within 24 months of the date of this Owners' Supplement, Owner shall not oppose the City's reconsideration and rescission of Resolution No. 2004-170 for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review and Zoning District Change from R1-22 to Rl- 13.5, and Resolution No. 2004-171 for Preliminary Plat, identified above, thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. 2. This Agreement and the Development Agreement shall be binding upon and enforceable against the Property and the Owner, their successors and assigns of the Property. 3. If Owner transfers this Property, Owner shall obtain an agreement from the transferee requiring that such transferee agree to all of the terms, conditions and obligations of "Developer" in the Development Agreement. Neither the Owner or transferee are required to develop the property in accordance with this Agreement, so long as Owner or transferee obtain such approvals as are required by City Code to develop the Property in a manner other than as set forth in this Agreement. IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. OWNER CITY OF EDEN PRAIRIE By Nancy Tyra -Lukens Its Mayor By Scott H. Neal, Its City Manager STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this 18th day of January, 2005, by Nancy Tyra -Lukens and Scott H. Neal, respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 12005,by ,and , husband and wife. Notary Public EXHIBIT A OWNERS' SUPPLEMENT Legal Description Before Final Plat 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. Legal Description After Final Plat Lots 1-11, Block 1, Lotsl-11, Block 2, Lots 1-25, Block 3, EDEN HEIGHTS ESTATES OWNERS' SUPPLEMENT TO DEVELOPMENT AGREEMENT BETWEEN PREMIER DEVELOPMENT OF THE TWIN CITIES, INC., AND THE CITY OF EDEN PRAIRIE THIS AGREEMENT, made and entered into as of January 18, 2005, by and between Patrick D. Maynard and Krista Maynard, husband and wife, ("Owner"), and the CITY OF EDEN PRAIRIE ("City"): For, and in consideration of, and to induce City to adopt Resolution No. 2004-170 for Planned Unit Development Concept Review Ordinance No. for Planned Unit Development District Review p p p and Zoning District Change from R1-22 to R1-13.5, and Resolution No. 2004-171 for Preliminary Plat, as more fully described in that certain Development Agreement entered into as of January 18, 2005, by and between Premier Development of the Twin Cities, Inc., a Minnesota corporation, and City ("Development Agreement"), Owner agrees with City as follows: 1. If Premier Development of the Twin Cities, Inc., fails to commence development in accordance with the Development Agreement and fails to obtain an occupancy permit for all of the improvements referred to in the Development Agreement within 24 months of the date of this Owners' Supplement, Owner shall not oppose the City's reconsideration and rescission of Resolution No. 2004-170 for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review and Zoning District Change from R1-22 to RI- 13.5, and Resolution No. 2004-171 for Preliminary Plat, identified above, thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. 2. This Agreement and the Development Agreement shall be binding upon and enforceable against the Property and the Owner, their successors and assigns of the Property. 3. If Owner transfers this Property, Owner shall obtain an agreement from the transferee requiring that such transferee agree to all of the terms, conditions and obligations of "Developer" in the Development Agreement. Neither the Owner or transferee are required to develop the property in accordance with this Agreement, so long as Owner or transferee obtain such approvals as are required by City Code to develop the Property in a manner other than as set forth in this Agreement. IN WITNESSWHEREOF, the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. OWNER CITY OF EDEN PRAIRIE By. Nancy Tyra -Lukens Its Mayor By Scott H. Neal, Its City Manager STATE OF MINNESOTA ) )Ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this 18t' day of January, 2005, by Nancy Tyra -Lukens and Scott H. Neal, respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 2005, by , and , husband and wife. Notary Public EXHIBIT A OWNERS' SUPPLEMENT Legal Description Before Final Plat 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 1.6, 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. Legal Description After Final Plat Lots 1-11, Block 1, Lotsl-11, Block 2, Lots 1-25, Block 3, EDEN HEIGHTS ESTATES OWNERS' SUPPLEMENT TO DEVELOPMENT AGREEMENT BETWEEN PREMIER DEVELOPMENT OF THE TWIN CITIES, INC., AND THE CITY OF EDEN PRAIRIE THIS AGREEMENT, made and entered into as of January 18, 2005, by and between Duane Auseth, an individual, ("Owner"), and the CITY OF EDEN PRAIRIE ("City"): For, and in consideration of, and to induce City to adopt Resolution No. 2004-170 for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review and Zoning District Change from R1-22 to R1-13.5, and Resolution No. 2004-171 for Preliminary Plat, as more fully described in that certain Development Agreement entered into as of January 18, 2005, by and between Premier Development of the Twin Cities, Inc., a Minnesota corporation, and City ("Development Agreement"), Owner agrees with City as follows: 1. If Premier Development of the Twin Cities, Inc., fails to commence development in accordance with the Development Agreement and fails to obtain an occupancy permit for all of the improvements referred to in the Development Agreement within 24 months of the date of this Owners' Supplement, Owner shall not oppose the City's reconsideration and rescission of Resolution No. 2004-170 for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review and Zoning District Change from R1-22 to R1- 13.5, and Resolution No. 2004-171 for Preliminary Plat, identified above, thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. 2. This Agreement and the Development Agreement shall be binding upon and enforceable against the Property and the Owner, their successors and assigns of the Property. 3. If Owner transfers this Property, Owner shall obtain an agreement from the transferee requiring that such transferee agree to all of the terms, conditions and obligations of "Developer" in the Development Agreement. Neither the Owner or transferee are required to develop the property in accordance with this Agreement, so long as Owner or transferee obtain such approvals as are required by City Code to develop the Property in a manner other than as set forth in this Agreement. IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. OWNER CITY OF EDEN PRAIRIE By Nancy Tyra -Lukens Its Mayor By Scott H. Neal, Its City Manager STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this 181h day of January, 2005, by Nancy Tyra -Lukens and Scott H. Neal, respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public STATE OF MINNESOTA - ) )Ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2005, by , an individual. Notary Public EXHIBIT A OWNERS' SUPPLEMENT Legal Description Before Final Plat 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. Legal Description After Final Plat Lots 1-11, Block 1, Lots l-11, Block 2, Lots 1-25, Block 3, EDEN HEIGHTS ESTATES OWNERS' SUPPLEMENT TO DEVELOPMENT AGREEMENT BETWEEN PREMIER DEVELOPMENT OF THE TWIN CITIES, INC., AND THE CITY OF EDEN PRAIRIE THIS AGREEMENT, made and entered into as of January 18, 2005, by and between Tim A. Burgett and Nancy J. Burgett, husband and wife, ("Owner"), and the CITY OF EDEN PRAIRIE ("City") For, and in consideration of, and to induce City to adopt Resolution No. 2004-170 for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review and Zoning District Change from R1-22 to RI-13.5, and Resolution No. 2004-171 for Preliminary Plat, as more fully described in that certain Development Agreement entered into as of January 18, 2005, by and between Premier Development of the Twin Cities, Inc., a Minnesota corporation, and City ("Development Agreement"), Owner agrees with City as follows: 1. If Premier Development of the Twin Cities, Inc., fails to commence development in accordance with the Development Agreement and fails to obtain an occupancy permit for all of the improvements referred to in the Development Agreement within 24 months of the date of this Owners' Supplement, Owner shall not oppose the City's reconsideration and rescission of Resolution No. 2004-170 for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review and Zoning District Change from R1-22 to R1- 13.5, and Resolution No. 2004-171 for Preliminary Plat, identified above, thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. 2. This Agreement and the Development Agreement shall be binding upon and enforceable against the Property and the Owner, their successors and assigns of the Property. 3. If Owner transfers this Property, Owner shall obtain an agreement from the transferee requiring that such transferee agree to all of the terms, conditions and obligations of "Developer" in the Development Agreement. Neither the Owner or transferee are required to develop the property in accordance with this Agreement, so long as Owner or transferee obtain such approvals as are required by City Code to develop the Property in a manner other than as set forth in this Agreement. IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. OWNER CITY OF EDEN PRAIRIE By Nancy Tyra -Lukens Its Mayor By Scott H. Neal, Its City Manager STATE OF MI NNESOTA )SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this 18t' day of January, 2005, by Nancy Tyra -Lukens and Scott H. Neal, respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2005,by ,and , husband and wife. Noary t Public EXHIBIT A OWNERS' SUPPLEMENT Legal Description Before Final Plat 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. Legal Description After Final Plat Lots 1-11, Block 1, Lotsl-11, Block 2, Lots 1-25, Block 3, EDEN HEIGHTS ESTATES OWNERS' SUPPLEMENT TO DEVELOPMENT AGREEMENT BETWEEN PREMIER DEVELOPMENT O THE TWIN N CITIES INC. AND THE CITY OF EDEN PRAIRIE THIS AGREEMENT, made and entered into as of January 18, 2005, by and between John A. DeMinico and Elizabeth M. DeMinico, husband and wife, ("Owner"), and the CITY OF EDEN PRAIRIE ("City"): For, and in consideration of, and to induce City to adopt Resolution No. 2004-170 for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review and Zoning District Change from R1-22 to R1-13.5, and Resolution No. 2004-171 for Preliminary Plat, as more fully described in that certain Development Agreement entered into as of January 18, 2005, by and between Premier Development of the Twin Cities, Inc., a Minnesota corporation, and City ("Development Agreement"), Owner agrees with City as follows: 1. If Premier Development of the Twin Cities, Inc., fails to commence development in accordance with the Development Agreement and fails to obtain an occupancy permit for all of the improvements referred to in the Development Agreement within 24 months of the date of this Owners' Supplement, Owner shall not oppose the City's reconsideration and rescission of Resolution No. 2004-170 for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review and Zoning District Change from R1-22 to Rl- 13.5, and Resolution No. 2004-171 for Preliminary Plat, identified above, thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. 2. This Agreement and the Development Agreement shall be binding upon and enforceable against the Property and the Owner, their successors and assigns of the Property. p ny- 3. If Owner transfers this Property, Owner shall obtain an agreement from the transferee requiring that such transferee agree to all of the terms, conditions and obligations of "Developer" in the Development Agreement. Neither the Owner or transferee are required to develop the property in accordance with this Agreement, so long as Owner or transferee obtain such approvals as are required by City Code to develop the Property in a manner other than as set forth in this Agreement. IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. OWNER CITY OF EDEN PRAIRIE By Nancy Tyra -Lukens Its Mayor By Scott H. Neal, Its City Manager STATE OF MINNESOTA ) )Ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this 18th day of January, 2005, by Nancy Tyra -Lukens and Scott H. Neal, respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public STATE OF MINNESOTA ) )Ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2005, by , and , husband and wife. Notary Public EXHIBIT A OWNERS' SUPPLEMENT Legal Description Before Final Plat 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. Legal Description After Final Plat Lots 1-11, Block 1, Lots l-11, Block 2, Lots 1-25, Block 3, EDEN HEIGHTS ESTATES CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 18, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII. C. Alan Gray Authorize feasibility study of street and Public Works/Engineering utility improvements for Valley Road and Hilltop Road. Requested Action Move to: Adopt Resolution authorizing the City Engineer to prepare a feasibility study for utility and street improvements on Valley Road and Hilltop Road. Synopsis Completion of the Eden Prairie Road project along the west boundary of the Grace Church property in 2004 has provided lateral sanitary sewer and watermain to the boundary of the Valley Road/Hilltop Road neighborhood. This presents the opportunity to consider the extension of sanitary sewer and watermain into this neighborhood of aging septic systems and wells together with storm drainage and street improvements to address erosion and maintenance issues. Background Information The Valley Road/Hilltop neighborhood located west of the Grace Church is one of the two remaining older neighborhoods of more than 25 homes not serviced by public utilities. Due to their structural condition, Valley Road and Hilltop Road are weight restricted to six tons year- round. There are erosion issues in the neighborhood from lack of adequate storm sewers. Several properties have subdivision potential that would be best utilized if utilities are available. A feasibility study will identify alternative solutions and costs to be considered by residents and Council in deciding the timing of improvements. Future decisions to implement an improvement financed in whole or part by special assessments will require a four -fifths vote of the Council. Attachments •. Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2005- A RESOLUTION ORDERING FEASIBILITY REPORT WHEREAS, it is proposed to make the following improvements: Street, sanitary sewer, watermain and storm drainage improvements on Hilltop Road and Valley Road (I.C. 05-5642). NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council: A. That the proposed improvements be referred to the City Engineer for study with the assistance of SEH, and that a feasibility report shall be prepared and presented to the City Council with all convenient speed advising the council in a preliminary way as to the scope, cost assessment and feasibility of the proposed improvements. ADOPTED by the Eden Prairie City Council on January 18, 2005. ATTEST: Kathleen A. Porta, City Clerk Nancy Tyra -Lukens, Mayor SEAL CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 18, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII. D. Mary Krause Approve Extension of Conditional Use Public Works/Engineering License Agreement with Hennepin County for Provision of Electronic Data for Mapping Purposes Requested Action Move to: Adopt resolution extending Conditional Use Agreement with Hennepin County from December 31, 2004 to December 31, 2005 for electronic geographical digitized data for use in mapping of the City. Synopsis Hennepin County has provided electronic digitized half -section map data to the City of Eden Prairie. The City uses this data to produce mapping. The original Agreement was approved by Council on February 2, 1999. Attachments • Agreement with Hennepin County • Resolution Hennepin County Taxpayer Services Department . __._,... _ _ ....... _._.1 ..... ........ _... ---- ... Survey Division, Suite A-703 612-348-3131, Phone Hennepin County Government Center www.co.hennepin.mn.us Minneapolis, Minnesota 55487-0073 December 6, 2004 Mary Krause, Design Engineering City of Eden Prairie 8080 Mitchell Rd. Agreement # A12099 Eden Prairie, MN 55344-2230 Hennepin County desires to extend the above referenced EPDB Conditional Use License Agreement through December 31, 2005. If you as a Government Unit, Consultant/Third Party or Private Corporation, desire to extend the above -reference Agreement, the following requirements must be satisfied as they pertain to your entity.. Please return the required information to Hennepin County, Attention: Robert Moulder (at the address stated at the top of this page), A.) GOVERNMENTAL UNIT MUST FURNISH TO THE COUNTY A COPY OF THE ACTION OF USER'S GOVERNING BODY AUTHORIZING THIS AGREEMENT EXTENSION„ HOWEVER, IF AN OFFICIAL OF USER IS AUTHORIZED BY STATUTE OR CHARTER TO APPROVE AN AGREEMENT OF THIS NATURE THEN THIS ORIGINAL LETTER SIGNED BY SUCH OFFICIAL AUTHORIZING THE EXTENSION MUST BE RETURNED TO THE COUNTY, NOTE SUCH OFFICIAL MUST ATTACH TO THIS LETTER A COPY OF THEIR STATUTORY OR CHARTER AUTHORITY TO APPROVE THE AGREEMENTS. B.) CONSULTANT/THIRD PARTY MUST PROVIDE THE COUNTY A COPY OF AFFIRMATION BY GOVERNMENTAL UNIT THAT YOU WILL CONTINUE AS CONSULTANT AS STATED IN AGREEMENT NO.. THROUGH THE YEAR 2005. IN ADDITION, CONSULTANT/THIRD PARTY MUST SIGN THE ATTACHED SIGNATURE PAGE AND ACKOWLEDGEMENT AND RETURN ORIGINALS OF BOTH TO THE COUNTY. C.) PRIVATE CORPORATION MUST SIGN THE ATTACHED SIGNATURE PAGE AND ACKNOWLEDGEMENT AND RETURN ORIGINALS OF BOTH TO THE COUNTY., An Equal Opportunity Employer Recycled Paper As authorized by the Agreement and noting the above requirements, which pertain to you specifically, please indicate below your intention to extend or not to extend this agreement through the year 2005: Please return the originals of this page and the acknowledgement page and a copy of affirmation as ConsultantlThird Party, as required, to the attention of Robert Moulder at the address shown at the top of page 1 as soon as possible. Please check (X) appropriate box. It IS our intention to extend this agreement through the year 2005. It is NOT our intention to extend this agreement through the year 2005. We no longer require this information. Signature: Date: Authorized Signature Title: if'you have any questions about this notice, please call Robert Moulder at 612-348-2618 for assistance Sincerely, Sandra L Vargas County Administrator CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. EXTENSION OF CONDITIONAL USE LICENSE AGREEMENT WITH HENNEPIN COUNTY FOR THE PROVISION OF ELECTRONIC DATA FOR MAPPING PURPOSES WHEREAS, a Conditional Use Agreement has been previously approved which identifies the obligations regarding the transfer and use of electronic digitized data files for use in mapping; and WHEREAS, THE City Engineer recommends approval of the extension of said Conditional Use License Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eden Prairie That said extension of Conditional Use License Agreement is hereby approved and the Mayor and City Manager are authorized to execute the extension of the agreement on behalf of the City of Eden Prairie. ADOPTED by the Eden Prairie City Council on January 18, 2005. Nancy Tyra -Lukens, Mayor ATTEST: SEAL Kathleen A. Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 18, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 01-5543 ITEM NO.: VII. E. Randy Newton Approve Additional Design Fee for SEH for the final design of the TH 212 / Public Works / Engineering Valley View Road Interchange Area Im rovements Requested Action Move to: Approve Additional Design Fee with SEH, Inc. for the final design of the TH 212 / Valley View Road Interchange Area Improvements. Synopsis SEH is requesting an additional $54,000 design fee for the TH 212 / Valley View Road Interchange Area Improvement project. The request is a result of the extra work they performed in successfully completing the design of the project. Background Information The TH 212 / Valley View Road Interchange Area Improvement Project was a cooperative project with Mn/DOT that included double left turn lanes from Bryant Lake Drive to Valley View Road, a trail along Bryant Lake Drive and replacement of the watermain along Bryant Lake Drive. Construction of the project was substantially completed in the Fall of 2003 and it has resulted in improved operations throughout the interchange area. Along with Mn/DOT, the City and Bituminous Roadways (General Construction Contractor), SEH was a vital partner in the successful completion of the project. Although the project has been successfully completed, it did prove to be a complicated project with a number of design challenges. These challenges led to higher than anticipated construction costs, a longer project duration, and a number of extra design tasks. These items all contributed to the extra work performed by SEH. The original Professional Service Agreement with SEH was for $137,873. This was amended to $201,273 at the July 2nd, 2002 Council Meeting. SEH is now requesting an additional $54,000 in design fees, bringing the project total to $255,273. This is approximately 12% of the $2.1 million construction cost, which is a reasonable percentage given the complexity of the project. Based on these factors and discussion with SEH, staff recommends approval of the additional design fees. Attachments SEH Letter SEH December 22, 2004 RE: Eden Prairie, Minnesota Reconstruction of the T.H. 212 Ramp at Bryant Lake Drive/VaIley View Road Request for Supplemental Design Fee SEH No. A-EDENP0203.00 10.00 Mr. Randy Newton, PE Traffic Engineer City of Eden Prairie 8080 Mitchell Road Eden Prairie, Minnesota 55344 Dear Randy: As I know you are aware from our ongoing discussions, the design fees incurred by SEH exceeded the amount identified in our original proposal for this project. Our original contract with the City (dated January 28t1', 2002) was for $137,873, and a supplemental fee request (dated June 24`", 2002) was approved in the amount of $63,400. The total design fees incurred by SEH for this project were $272,303, which includes $71,030 in fees over the total approved contract amount of $201,273. Upon comparing the sum of our total design fee ($272,303) and our total construction services fee ($39,190) with respect to the, total proposed construction cost of $2,018,292.95 as submitted by Bituminous Roadways in their initial bid, we have computed that our total costs ($311,493) are approximately 15% of the proposed construction cost. This figure is lower than normal for this type of project due to the fact that SEH did not provide full construction services on this project- SEH inspection staff was only used periodically to assist City inspectors with the installation of the PVC water main. Further review of our design for this project has indicated that the additional design fees can be attributed to a number of factors. These factors can typically be sorted into one of three categories; 1) additional work not identified in the original proposal, 2) the need to redesign certain elements of the plan based on input from various stakeholders, and 3) additional time necessary to complete the design due to the increased overall complexity and duration of the plan. The major additional and/or revised work tasks with the approximated associated fees can be identified as follows: ➢ Revisions to the initial surcharge embankment design based upon comments provided by Mn/DOT Materials staff. $4,100 ➢ Completion of an embankment alternative analysis and subsequent review sessions with Mn/DOT Materials staff. $6,200 Short Elliott Hendrickson Inc., Butler Square Building. Suite 710C, 100 North 6th Street. Minneapolis, MN 55403-1515 SEH is an equal opportunity employer ( www.sehinc.com 1 612.7586700 1 866.8303388 1 612758.6701 fax Randy Newton, P.E. December 22, 2004 Page 2 ➢ Revision of the proposed soils design to utilize a light -weight fill alternative based upon Mn/DOT's rejection of the surcharge embankment alternative. $4,600 ➢ Design of cellular concrete mass balance and determination of excavation limits_ $7,500 ➢ Additional research requested by Mn/DOT staff to investigate the potential differential icing properties of the light -weight cellular concrete to be used in the embankment. $3,000 ➢ Revisions to proposed materials in the composite typical section to alter the mass balance of the proposed embankment. $2,500 ➢ Additional coordination and meeting time by SEH staff with representatives from Mn/DOT, the City of Eden Prairie, and GME Consultants. $8,.500 ➢ Additional survey crew time necessary to provide elevation information at the piezometer locations as identified by GME Consultants. $1,100 ➢ Preparation of a design exception to resolve internal Mn/DOT concerns subsequent to the release of the staff -approved preliminary layout. $3,500 ➢ Investigation of alternatives to the use of ductile iron water main and the redesign of the proposed water main and related project specifications to incorporate the use of PVC pipe. $5,300 ➢ Redesign of the proposed traffic control based upon revisions made to the accompanying bridge reconstruction plans provided by Mn/DOT staff. $4,200 ➢ Incorporation of State Aid Project numbers and identification of State Aid funding termini throughout the plan. $5,500 ➢ Revised quantity splits and cost estimates based upon new State Aid project numbers. $3,500 ➢ OveraIl project duration. Project management, coordination, communication, and support were necessary over a 24-month period (July 2001 to June 2003), as opposed to the original five - month project timeline. $11,.500 Each of these additional and/or revised work tasks was vital to the successful completion of the project design and production of the final plan set. The tasks were typically initiated upon the direction of City of Eden Prairie or Mn/DOT staff upon notifying City staff, and the status of their completion was communicated on an ongoing basis. Based upon the discussion from our meeting on December 1", 2004, and our subsequent negotiations, we have agreed to reduce our supplemental fee request for this project by $17,030, from $71,030 to $54,000. We understand that the final negotiated amount represents a significant sum. However, given the overall size, complexity, duration, and additional work necessary to resolve the complicated soils issues, we feel this is a fair and equitable balance for the services provided to the City of' Eden Prairie. Attached you will find an invoice for the supplemental fees of $54,000. As you review the invoice, you will also find the remaining balance of fees ($3,474.83) from our I" supplemental fee request. These fees, and the subsequent invoice, were held until a final contract amount could be negotiated with the City. Therefore, the total amount of this invoice will be $57,474.83. We have enjoyed working with the City of Eden Prairie on the T.H. 212 Reconstruction at Bryant Lake Drive project and are looking forward to continuing our working relationship on future projects. Thank you for your thoughtful consideration of this request. Randy Newton, P.E. December 22, 2004 Page 3 Sincerely, SFJQRT ELI IOTT HENDRICKSON INC. .Iasc . Sp e, P.E. David C. Halter, P.E.. Project Manager Client Service Manager cc: Scott McBride, SEH Minnetonka p:kWil"ojmsleft pmiricV202 Wsuppkmeatal kc proposal 12-22-04 doc CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda January 18, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII. F. Jim Richardson Approve Roadside Landscaping Public Works/Engineering Agreement with MnDOT Requested Action Move to: Adopt Resolution approving MnDOT Agreement No. 87595 for reimbursement to the City for costs of landscaping materials. Synopsis MnDOT will design the landscaping and the City of Eden Prairie and neighborhood volunteers will install the materials. The City will purchase planting materials from a wholesale nursery for an estimated cost of $4,012.50. This project is a continuation of existing landscaping and planting installed with the updating of Trunk Highway 5 in the early 1990s. The current site is located between Trunk Highway 5 and Mitchell Lake. The State will reimburse the City of Eden Prairie for the cost of the planting materials. This represents a change to Resolution No. 2004-056. Attachments 0 MnDOT Agreement • Resolution OFFICE OF STATE OF MINNESOTA Mn/DOT ENVIRONMENTAL DEPARTMENT OF TRANSPORTATION AGREEMENT NO. SERVICES LANDSCAPE PARTNERSHIP PROJECT 87595 S.P. 2701--969 (T.H. 5=121) State Funds The State of Minnesota ORIGINAL Department of Transportation, and AMOUNT ENCUMBERED The City of Eden Prairie $4, 012.50 Re: State cost landscape materials acquisition by the City for use along T.H. 5 AMOUNT RECEIVABLE (None) THIS AGREEMENT is made and entered into by and between the State of Minnesota, Department of Transportation, hereinafter referred to as the "State", and the City of Eden Prairie, Minnesota, acting by and through its City Council, hereinafter referred to as the "City". 87595 WHEREAS, the City is about to perform landscaping along Trunk Highway No. 5 at a point .25 miles west of Terrey Pine Drive within the corporate City limits in accordance with City -prepared plans, specifications and special provisions designated as the "Eden Prairie Landscaping Plan", which project has been designated by the State as State Project No. 2701-969 (T.H. 5=121); and WHEREAS, the City has requested participation by the State in the costs of landscape materials acquisition in accordance with the terms of the State's "Community Roadside Landscaping Partnership Program"; and WHEREAS, the State is willing to participate in the costs of the landscape materials acquisition as hereinafter set forth; and WHEREAS, Minnesota Statute Section 161.20, subdivision 2 authorizes the Commissioner of Transportation to make arrangements with and cooperate with any governmental authority for the purposes of constructing, maintaining and improving the trunk highway system. IT IS, THEREFORE, MUTUALLY AGREED AS FOLLOWS: ARTICLE I - PROJECT ADMINISTRATION BY THE CITY Section A. Landscape Materials Acquisition The City shall acquire landscape materials in accordance with State -approved City plans, specifications and special provisions designated as the "Eden Prairie Landscaping Plan". Landscaping shall be performed by City forces in accordance with State -approved City plans, specifications and special provisions that are on file in the City's office and in the State's Office of Environmental Services in St. Paul, and are incorporated into this Agreement by reference.. 2 87595 Section B. Purchase Order to be Furnished to the State The City shall, within 7 days after ordering the landscape materials, submit to the State's Landscape Partnership Program Coordinator in St. Paul a copy of the purchase order for the landscape materials. Section C. Direction, Supervision and Inspection Landscape materials acquisition performed in accordance with this Agreement shall be under the direction of the City; however, the State cost participationlandscape materials to be acquired under this Agreement shall be open to inspection by the State's authorized representatives. The City shall give the State's Landscape Partnership Program Coordinator five days notice of its intention to receive delivery of the landscape materials. Responsibility for the control of the State cost participation landscape materials acquisition covered under this Agreement shall be on the City and shall be carried out in accordance with State - approved City plans, specifications and special provisions designated as the "Eden Prairie Landscaping Plan". The City must verify whether or not nursery vendors are under a Gypsy Moth Compliance Agreement between the Minnesota Department of Agriculture, hereinafter referred to as the "MDA and the United States Department of Agriculture or under an MDA Japanese Beetle Quarantine. A current Certificate of Compliance must accompany all plant material shipped from nursery vendors subject to quarantines for Gypsy Moth and Japanese Beetle. To determine if vendors are subject to quarantines, call the MDA Supervisor of Plant Regulatory Services at (651) 296-8388. Section D. Completion of Materials Acquisition and Installation The City shall cause the acquisition and installation of landscape materials to be started and completed in accordance with the time schedule in the Community Roadside Landscaping Partnership Program 3 87595 Project Application, which is on file in the State's Office of Environmental Services and is incorporated into this Agreement by reference. An exchange of letters between the appropriate City official and the State's Landscape Partnership Program Coordinator, for unavoidable delays encountered in the performance thereof, may extend the completion date for the landscape materials acquisition and installation. Section E. Compliance with Laws, ordinances and Regulations The City shall, in connection with the acquisition of the landscape materials, comply with all Federal, State and Local laws, and all applicable ordinances and regulations. Section F. Right -of -Way, Easements and Permits The City is hereby authorized to work on State right-of-way for the purposes of installing and maintaining the landscape materials, including any necessary replacement of landscape materials that fail to survive.' The City shall, without cost or expense to the State, obtain all rights -of -way, easements, construction permits and any other permits and sanctions that may be required in connection with the installation of landscape materials. Prior to advance payment by the State, the City shall furnish the State with certified copies of the documents for those rights -of -way and easements, and certified copies of those construction permits and other permits and sanctions required for State landscaping. ARTICLE II - STATE COST Section A. Basis The State's full and complete share of the costs of the landscaping to be performed along Trunk Highway No. 5 at a point .25 miles west of Terrey Pine Drive within the corporate City limits under State Project No. 2701-969 (T.H. 5) shall be equal to the delivered cost of 4 87595 the landscaping materials acquired in accordance with the "Eden Prairie Landscaping Plan." Section B. Payment It is estimated that the cost of the landscape materials acquisition is $4,012.50. The maximum obligation of the State under this Agreement shall not exceed $8,000.00, unless the maximum obligation is increased by execution of an amendment to this Agreement. The State shall pay to the City an amount equal to the delivered cost of the landscape materials, not to exceed the maximum obligation, after the following conditions have been met: 1. Encumbrance by the State of the State's total cost share. 2. Execution and approval of this Agreement and the State's transmittal of it to the City. 3. Receipt by the State's Landscape Partnership Program Coordinator, from the City, of the following: a. Copies of the purchase orders for the landscape materials, as provided for in Article 1, Section B. of this Agreement. b. Certified copies of the documents, as provided for in the second paragraph of Article I, Section F. of this Agreement. C. written request for payment, accompanied by copies of supplier invoices for the landscape materials acquisition and delivery. 87595 ARTICLE III - GENERALPROVISIONS Section A. Installation and Maintenance by the City After acquisition of the landscape materials, the City shall install the landscape materials along Trunk Highway No. 5 and provide for the proper maintenance thereof, without cost or expense to the State. Maintenance includes, but is not limited to, removal and replacement of all materials that fail to survive. Criteria for maintenance and replacement are shown and described in EXHIBIT "A", Maintenance Responsibilities Plan and Schedule, which is attached and incorporated into this Agreement. Section B. Responsibilities of the Citv The City shall, in connection with the landscape materials acquisition, installation and maintenance, comply with the following conditions: 1. Use of State right-of-way shall in no way impair or interfere with the safety or convenience of the traveling public in its use of the highway. 2. Preserve and protect all utilities located on lands covered by this Agreement, without cost or expense to the State. 3. As required by Minnesota Statute 216D, notify Gopher State One Call System (1-800-252-1166) at least 46 hours before any excavation is done on this project. 4. No advertising signs or devices of any form or size shall be constructed or shall be permitted to be constructed or placed upon State right-of-way. 5. Upon completion of the installation of landscape materials and during performance of maintenance operations, restore all 6 87595 disturbed areas of State right-of-way so as to perpetuate satisfactory drainage, erosion control and aesthetics. Any use of State right-of-way permitted by this Agreement shall remain subordinate to the right of the State to use the property for highway and transportation purposes. This Agreement does not grant any interest whatsoever in land, nor does it establish a permanent park, recreation area or wildlife or waterfowl refuge facility that would become subject to Section 4(f) of the Federal -Aid Highway Act of 1968. Section_C. Examination of Books, Records, Etc. As provided by Minnesota Statute Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices of each party relevant to this Agreement are subject to examination by each party, and either the legislative auditor or the state auditor as appropriate, for a minimum of six years from final payment. Section D. Termination of Agreement The State may terminate this Agreement if it's the State's desire to use any portion of State right-of-way subject to this Agreement for transportation purposes, by giving the City written notice at least -90 days prior to the date that such termination shall become effective. Upon termination of this Agreement, the City will be required to restore and return the area to a condition satisfactory to the State's Metropolitan District Engineer at Roseville. Each party may terminate this Agreement, with or without cause, by providing the other party with written or fax notice of effective date of termination. The State is not obligated to pay for services performed after notice and effective date of termination. Upon such termination, the City is entitled to payment for services satisfactorily performed under this Agreement prior to the effective date of termination. 7 87595 The State may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered under this Agreement. Termination must be by written or fax notice to the City. The State is not obligated to pay for services performed after notice and effective date of termination. Upon such termination, the City is entitled to payment for services satisfactorily performed under this Agreement prior to the effective date of termination, to the extent the funds are available. Section E. Claims Each party is responsible for its own employees for any claims arising under the Workers Compensation Act. Each party is responsible for its own acts, omissions and the results thereof to the extent authorized by law and will not be responsible for the acts and omissions of others and the results thereof. Minnesota Statutes Section 3.736 and other applicable law govern liability of the State. Minnesota Statutes Chapter 466 and other applicable law govern liability of the City. Section F. Nondiscrimination The provisions of Minnesota Statute Section 181.59 and of any applicable law relating to civil rights and discrimination shall be considered part of this Agreement as if fully set forth herein. Section G. Agreement Approval Before this Agreement becomes binding and effective, it shall be approved by a City Council resolution and executed by such State and City officers as the law may provide in addition to the Commissioner of Transportation or their authorized representative. 8 87595 ARTICLE IV - AUTHORIZED AGENTS The State's Authorized Agent for the purpose of the administration of this Agreement is Todd Carroll, Landscape Partnership Program Coordinator, or his successor. His current address and telephone number are 395 John Ireland Boulevard, Mailstop 686, St. Paul, MN 55155, (651) 284-3760. The City's Authorized Agent for the purpose of the administration of this Agreement is James Richardson, Senior Engineering Technician, or his successor. His current address and telephone number are City of Eden Prairie, 8080 Mitchell Road, Eden Prairie, MN 55344, (612) 482-6732. 87595 IN TESTIMONY WHEREOF the parties have executed this Agreement by their authorized officers. STATE ENCUMBRANCE RANC VERIFICATION DEPARTMENT OF TRANSPORTATION Individual certifies that funds have been encumbered Recommended for approval: as required by Minn.. Stat. 55 16A.15 and 16C.05. By BY Landscape Partnership Program Coordinator Date By District Engineer MAPS Encumbrance No, Approved: By CITY OF EDEN PRAIRIE State Design Engineer ' By Date Mayor Approved as to form and execution: Date By Contract Management By Date Title COMMISSIONER OF ADMINISTRATION Date As delegated to Materials Management Division By Date 10 m*j�? Agreement No. 87595 EXHIBIT "All Maintenance Responsibilities Plan and Schedule Table 1a. REQUIRED LANDSCAPE MAINTENANCE ACTIVITIES MAINTENANCE CONSIDERATION PLANT PRUNING WEED FERTILIZATION GROUPS CONTROL See Table 5, When To Type Of Fertilization Schedule Evergreen Trees Anytime - Dry Corrective and Maintain mulch at 3" Yes Deadwood Removal minimum around trees in mowed areas, keep Shade Trees Anytime - Dry' Training and weed free. Yes Corrective Ornamental Trees Winter" Corrective Yes Evergreen Shrubs Anytime - Dry Deadwood Removal Yes Deciduous Shrubs Dormant Corrective and Maintain minimum 3" Yes Renewal woodchip mulch in a weed free condition until shrub crown closure. Vines Dormant Deadwood Removal No Groundcovers Do not prune oaks during April, May and June. Do not prune Noneylocust while dormant or when humid or wet. Do not prune apples, crabapples or Mountain Ash during April, May and June. TABLE lh_ RFOtIIRFD I ANn.grAPF MAINTFNANr:F Ar.TRATIFC MAINTENANCE CONSIDERATION PLANT GROUPS WATERING INSECT AND RODENT REMOVALS AND DISEASE PROTECTION REPLACEMENTS CONTROL -Evergreen Trees Yes until established 2 rs. ( y As needed. Yes - Pine Only Remove all dead plants. Shade Trees Supplemental watering Remove diseased plants that pose I Yes Replace dead or dying plants unless the lost Ornamental Trees may be needed during threats to adjacent Yes plants do not noticeably Evergreen Shrubs drought periods (especially during July plantings. No` compromise the visual appearance or design Deciduous Shrubs and August) even after plants are established.. No* intent. Vines No* Groundcovers No' Rodent protection is generally not practical for mass shrub plantings, maintaining clean mulched planting areas free of weed growth will reduce problems. Mowed turf in formal planting areas will help reduce rodent problems.. Sheet 1 of 4 TABLE 2a. CALENDAR OF I ANnCrAPF' KAAIhITI=niAnir.G Agreement No. 87595 ACTIVITY January February March Aril Ma June Pruning See Table is for Best Time for Specific Species. Weed Control: Planfina beds must be ke t in a weed free condition. I I 0XX I XXXX XO Remulch Must be applied by a licensed Pesticide Applicator. Herbicide Fertilization: Turf Shrubs, Trees XXXX Insect & Disease Time of control depends on the type of insect or disease and when it is detected. Sunscald Protection Remove wrap Watering During first and second growing seasons approximately once a week or as needed to maintain ade uate but not excessive soil moisture. Maintain Rodent Protection 0000 0000 0000 0000 0000 0000 Turf Maintenance Mowing OOX XXXX Mower Damage Prevention X XXXX XXXX Replanting Evergreen Trees Deciduous Trees Container Plants Turf OXX OXX XXX O XXO XXXX XXXX XXXX XXXO XXOO X - Optimum Time 0 - Less than Optimum Time Undiluted white latex paint is recommended, repaint as necessary until trees reach 4" caliper. Sheet 2 of 4 TABLE 2b_ CALENDAR nP I ANDSr:APP 11AAINTt=NAh1PJ= Agreement No. 87595 ACTIVITY July u ust September October November I December Pruning See Table 1 a for Best Time for Specific Species. Weed Control: Planting beds must be kept in a weed free condition. XXXX XXXX XXXX XXXX 00 XO Remulch Must be applied by a licensed Pesticide Applicator. Herbicide Fertilization: Turf XXXX Shrubs, Trees XXXX Insect & Disease Time of control depends on the type of insect or disease and when it is detected. Sunscald Protection Apply or maintain paint. Install wrap*. Watering During first and second growing seasons approximately once a week or as needed. Maintain Rodent Protection 0000 0000 XXXX XXXX X00O 0000 Turf Maintenance Mowing XXXX XXXX XXXX I XX00 Mower Damage Prevention XXXX XXXX XXXX XXOO Replanting Evergreen Trees OX XXXO Deciduous Trees OXXX X0 Container Plants 0000 OOOX XXXO Turf 0000 OOXX XXXX 00 X - Optimum Time 0 - less than Optimum Time * Undiluted white latex paint is recommended, repaint as necessary until trees reach 4" caliper. Sheet 3 of 4 Agreement No. 87585 TABLE 3. DESCRIPTIONS OF TYPES OF PRUNING TYPES OF PRUNING WHEN TO PRUNE DESCRIPTION Disease Removal After Diagnosis Removal of fungal bacterial growths. Sterilize pruners between cuts. Deadwood Removal See Table 1 Removal of dead branches, normally from the interior portion of the crown. Training See Table 1 Maintaining the central leaders and acceptable symmetry in evergreen, shade and ornamental trees. Removal of suckers and waters routs. Corrective See Table 1 Removal of storm -damaged, vehicle -damaged or vandalized limbs. Renewal See Table 1 Removing all top growth at or near the ground line and remulch. Or removal of 1/3 of the oldest stems at the ground line. TARI F 4 WFFn ('ONTRni UPTHnnC - 1MT1=I,-RGTFn epppner:H METHOD CATEGORY TREES SHRUB BEDS TURF Replanting - Filling Voids X X Fertilization X X X Remulch* X X X Herbicides X X X Weed Whip No X * Wood chip mulch should be replenished around shade trees and low growing shrubs every 3-5 years_ Place mulch to a 4" depth. Mulching will help control weeds, reduce mower damage and conserve moisture. TABLE 5. FERTILIZATION SCHEDULE CATEGORY FREQUENCY TIME OF APPLICATION ANALYSIS ** RATE Mowed Turf Every 3 Years Aril or October 23-0-30 1 lb N /1000 s . ft. Shrub Beds* Every 3 Years October or April 23-0-30 1 lb N /1000 s . ft. Shade Trees` Every 3 Years October or April 23-0-30 .5 Ibs/1 Cu.. Yd. of soil Note: Do not fertilize trees and turf during the same season. Offset tree fertilization by one season in order to prevent fertilizer bum on turf. * Plants that fix nitrogen, like Silver Buffaloberry, Caragana, Honeylocust, Russian Olive or other legumes, should not be fertilized except under special conditions. Tall shrubs do not need to be fertilized if leaf color remains normal ** Analysis will be allowed within the following ranges: N (16-24) — P (0) — K (20-30). Sheet 4 of 4 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2005- A RESOLUTION APPROVING MNDOT AGREEMENT NO.87595 WHEREAS, a portion of Trunk Highway 5 right-of-way in Eden Prairie was identified as a candidate for landscape improvements; and WHEREAS, the City of Eden Prairie is a sponsoring unit for the landscape improvement project identified as Trunk Highway 5 Right -of -Way Adjacent to Mitchell Lake. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council that the City of Eden Prairie enter into Mn/DOT Agreement No. 87595 with the State of Minnesota, Department of Transportation to provide payment by the State to the City of the State's share of the costs of the acquisition of landscape materials to be placed along Trunk Highway No. 5 at a point .25 miles west of Terrey Pine Drive within the corporate City limits under State Project No. 2701-969. BE IT FURTHER RESOLVED that the Mayor and the City Manager are authorized to execute the Agreement and any amendments to the Agreement. ADOPTED by the Eden Prairie City Council on January 18, 2005. Nancy Tyra -Lukens, Mayor ATTEST: SEAL Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 18, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII. G. Robert A. Lambert, Director Award Contract for Trail Planning Parks & Recreation Consultant Services Requested Action Move to: Approve the Contract for Services of Brauer & Associates as the Planning Consultant to complete the planning process for trails within the Purgatory Creek valley, Riley Creek valley and within the Edenbrook Conservation Area as per their proposal dated November 30, 2004. Synopsis City staff reviewed proposals from SRF Consulting Group and from Brauer & Associates for this project. Both companies proposed the use of neighborhood task force groups and involving the public in the review process. Both companies included "not to exceed fees" in a similar range. SRF had a cost estimate of $66,000 and Brauer & Associates $74,600 for completing the mastering planning for the three sites. The Brauer & Associates proposal included more public involvement throughout the planning process. City staff are recommending Brauer & Associates for this project due to the extensive experience their company has in developing trail systems of this type at the municipal, regional and state level. Background Attached to this memorandum is a summary of the process proposed by Brauer and Associates. Although developing trail systems within the Purgatory Creek and Riley Creek valleys has been part of the Eden Prairie Park and Open Space System plan since 1968, city staff anticipate all three of these projects will be controversial with the `not in my backyard' objections from many property owners. The development of these trail systems and completing the existing trail system within Eden Prairie has consistently been one of the highest supported issues on every city survey for the last fifteen years. The city has done an excellent job in preserving the creek valleys for the anticipated development of a public trail that will allow all residents the opportunity to enjoy these natural corridors. Brauer & Associates have an excellent track record of developing master plans for very controversial projects including Lebanon Hills Regional Park in Dakota County, the 100-acre natural preserve and green way in Roseville, Bunker Hills Regional Park, Lake Minnewashta Regional Park, St. Croix Bluffs Regional Park and many others. The Minneapolis Park and Recreation Board selected Brauer & Associates to update the park open space and trail system plan for that city and the Department of Award Contract for Trail Planning Consultant Services January 18, 2005 Page 2 Natural Resources selected Brauer & Associates to develop the "Trail Planning Design and Development Manual" that will be the guideline for all public agencies within the State of Minnesota. Public Process Meeting For Review Staff anticipate inviting residents from various neighborhoods adjacent to each of these projects to have a representative on a task force that would work with the planner to share neighborhood concerns and issues at the beginning of the planning process. There would also be a public open house for presentation and discussion with all residents interested in providing input early on in the process. There will also be a public open house to review and make initial comments on the proposed plans prior to final presentations to the Watershed District, Parks, Recreation and Natural Resources Commission, Planning Board and City Council. City staff believe it is vitally important to the success of each of these three projects to include adjacent residents within the planning process; however, everyone must remember throughout the planning process that these natural resources belong to all Eden Prairie residents, not just to those who live adjacent to the resources. The goal of these projects is to develop trail systems that allow all residents to enjoy these unique natural areas. Staff anticipates approving the contract for these projects at the January 18 Council meeting, and completing the master plans for each of these sites with cost estimates for each phase of development of each project by October 1, 2005. Staff would anticipate developing trails within these three projects over the next ten years through phases for each project based on available matching grants. As all of these projects are within the Riley or Purgatory Creek valleys, and should be eligible for fifty -percent matching funds from the Watershed District, and the City may also be able to obtain additional funding from the Department of Natural Resources for matching fifty - percent of the City's share for various phases. Attachments: Brauer & Associates — Contract for Services Brauer & Associates - four page overview Brauer & Associates Proposal pages 14 - 21 LAND USE PLANNING AND DESIGN BRAUER 10417 Excelsior Blvd. Suite Number One j Hopkins, MN 55343 Tel (952) 238-0831 Fax (952):238-0833 January 10, 2005 City of Eden Prairie Parks and Recreation Department 8080 Mitchell Road Eden Prairie, MN 55344-4485 . ATTN.- Robert A. Lambert, Director RE: Professional Services Proposal - Trail Planning for Edenbrook, Riley Creek and Lower Purgatory Creek Conservation Areas . City Project* This letter proposal outlines a scope of services fee: schedule and other elements which if approved, d, P P P � PP constitutes• an -Agreement between .the City of Eden Prairie, herein referred to as the OWNER, and Brauer and Associates, Ltd., herein referred to as the CONSULTANT: 1. SCOPE OF SERVICES The OWNER hereby retains the CONSULTANT to provide professional services required to complete.the services as outlined in Brauer and Associates, Ltd. proposal dated November. 30, 2004, (See attached Exhibit 2 and the City .of:Eden Prairie's Request for Proposal dated November 2004, (See attached Exhibit 3) 2. FEES FOR PROFESSIONAL SERVICES . F — — a For services as listed in Exhibit 2 Section II - Work Program Items A through D an hourly not to exceed fee. of Seventy Four Thousand .Six Hundred Dollars, ($74,600.00), t e fee. addition the e Expenses are plus direct expenses bill at t 1 10 ercen m o 0 rases cos us P xP . �, P P �. xP estimated to. be .between $1,500.00 and $3,000.00. Hourly fees. shall be based upon the. .. following rate schedule: . Brauer.and Associates, Ltd. 2004 Hourly Fee Schedule. Principle — JAS & GWW $100.001 Hour Landscape Architect 11- JLA $75.00 / Hour Landscape Architect I - CA $ 65.00 /Hour Technician $ 55.00 / Hour: Clerical $45.00 %Hour b.. For services as .listed in Exhibit 2 - Section II Work Program - Items E through H, an hourly. not to: exceed fee, ranging between- 12% and 23% of the cost to construct the 1 i fi improvements included and the final scope of services desired by the OWNER The final fee for this work shall be negotiated in good faith as an addendum to this contract at the time the OWNER chooses to proceed with the construction of improvements. Direct p � expenses shall be billed in addition to the fee at cost plus 10 percent c. For services requested by the OWNER in addition to those listed in Exhibit 2 an hourly fee will be charged in accordance with the hourly fee schedule above: 3. GENERAL CONDITIONS OF THE CONTRACT a. City of Eden Prairie General Conditions - Consulting Agreement, (See attached Exhibit 4). 4. SUPPLIME14TARY CONDITIONS OF THE CONTRACT a. City of Eden Prairie, (See attached Exhibit 1). 5. OWNER'S RESPONSIBILITY a. Full program coordination with one individual representing the OWNER'S interests. b: For the Scope of Services outlined in this proposal the OWNER.shall provide the CONSULTANT with a base map information illustrating all property lines, property - corners,. easements, rights of way and other legal issues, existing utilities, buildings, . recreational improvements, vegetation, pavement, curbing, and other surface materials_ This base map. information shall be as accurate as possible. The OWNER shall be responsible for the accuracy of this information and shall determine if this. information and the resulting base map are accurate enough for this planning process. This, base map shall be.provided to the consultant in a digital format compatible with AutoCAD software. C. Providing all soils engineenng/borings and engineering geotechnical testing required for the project i d. All fees and expenses involved in federal, state agency or local permitting, plan review, etc. for the project IN WITNESS HEREOF the OWNER and the CONSULTANT have made and executed this Agreement, this . day of , 2005. CITY OF EDEN PRAIRIE Parks and Recreation Department 8080 Mitchell Road Eden Prairie, .MN 55344-4485 BRAUER & ASSOCIATES LTD. 1041.7 Excelsior Blvd. Suite One Hopkins, Mi43 2 Eden Prairie Interview Trail Projects In Conservation Areas Representing Brauer & Associates, Ltd.:, Jeff Schoenbauer, Senior Principal, Executive Vice President Jason Amberg, Principal, Vice President BRAUER & ASSOCIATES, L Public Process Planning Context Overarching Perspective: Planning for the common good and serving the interests of the broader community ... ...within the context of respecting the concerns of individual stakeholders and working to find the reasonable, workable solutions Act �Commuri4ty;, Personal ;, z BRAUER & ASSOCIATES, 1 In Public Planning Process Approach Managing Relationships - Integrity and Good Faith Peripheral Core Process Peripheral Process Formal Public Process Process - Integrity - Competency $pecta! iniftvltnai - FairnessInteregd Y Jntuencers ` F - Structured 2y Gratin;-' Successful Endi'W 3 BRAUER & ASSOCIATES, LTD. Public Process Meeting Overview Task Force Programming Meeting Public Open House - Program development - Presentation - Site review - Discussion - Issue statement - Select site review (fallow up) Task Force Concept Review Meeting - Presentaton Watershed District Review Meeting - Presentation - Discussion v�� - Discussion - Field review - Field review Public Open House - Presentation joint Review Meeting — Task Force and Patsy Recreation, And Natural - Discussion Resources Commisslon - - Select site review (follow up) - Presentation - Discussion Task Force Preliminary Master Plan Review Meetin $ 9 City Council Presentation — Preliminary Master Plan - Presentation - Presentation - - Discussion - Discussion - Field review - Recommendations and Approval 17epMdjrg on pro]@* dynarnics, these Note: Proposal allows for two additional formal meetings, if pmentatlons could cover all dtree projects deemed necessary. 4 BRAUER & ASSOCIATES, LTD. 2 Managing Influencers _ Task Force Programming Meeting Puhtie Open House Program devebpme t, n - Site review Issu ) :F �. AtbtleOpen'po4lse Ptesepa8o� n a r T �JomtRevtewMet-tng} Tasl.Fo[ce a ans!-irk, Recrnatian and Natural ` g � DlSQI55tOr1 � '., Re50ur'ceII COml7italtOn - _ �` Seleces� eview (follow`op) .:'� 'Presentaton _'.'` Discussion Force Preliminary Master Plan City Council Presentation — 'i Revie eeti itg PreliminaryMaster Pf - Presentation - Presentation - Mscussion On - field review -Recommendations and Approval Influencers worked with in good faith throughout the planning process to build relationships, resolve issues, find consensus, and manage involvement s BRAUER & ASSOCIATES, LTD. Baseline Planning Premise --- Build From Ecological Underpinnings as Trld N��rhwi7 Y �:+T+>♦ONfik VmNecd apace x�t! ,y��5. ar Step 1 - Establish Ecological Underpinnings N vutlo Gemxay .,#y,r lnl �t}A i}_ NCC�s ParF aunH s.rF.k � f l '" Stcp 2 - Overlay Parks, Trails and Greenways amnab rreFMad� rs NN Lnaye� nidkf BukyaA F N[d ]'•��� � �..},t N.vm�'Sucrtu� Olw+IafdroJ t } - NmwA clw�n WrtISN+�rcd wm� Step 3 -Overlay Budt Environment 6 BRAUER & ASSOCIATES, LTD. 3 H Fees Fees are based on: hc'zL is tee I`x GGu�. Loa-& Z- • Anticipation of highly public and likely controversial planning environment — which requires due diligence and willingness to go beyond standard public meeting framework each step of the way • Three projects undertaken parallel but independent from each other — in affect three planning processes Flexibility to respond to nuances built into project budget • Hourly not -to -exceed basis — City pays for service it actually gets based on competitive hourly rates • Product that clearly defines planning outcomes and can stand the test of time to the point of implementation - which could be ten years out Level of uncertainty surrounding scope of work for Phase I development 7 BRAUER & ASSOCiATES,.LTD. 2 twervlevr/V11UUrtPLd(1V111g Vl Ine KYr, along With cllscussions with (dty statt, nave proVloea us Wltn Project intent a reasonable understanding of the City's expectations for these projects. We also understand that these trails will be publicly sensitive, -. with the potential for strong.differences of opinion on their value and 3 location. Finding win -win solutions will, at times, be ct allenging and perhaps evasive. It is with this understanding that we submit the forthcoming approach and work plan. Fundamental Planning It is our belief that the success of these trail.projects rests with Premise —Working With working with people to find successful solutions! The Brauerteam v✓lll -faith People to Find Successful work in good with all stakeholders throughout each of these - = :projects to achieve a successful end. In doing so, we position ourse€ve_s Solutions to plan with people instead of for them. This is the essence of our, approach to this project and is. critical to engaging people in the process i A Sense of Ownership in the Outcome Whatever their interest, an individual's sense of ownership in the outcome of.theL process is often as important as the outcome'itself. It has The ReAities;of Satisfying All Interests BRAUER & ASSOCIATES, LTD. Pane/ Recreation / Natural Resource /Trail / Public Open Space Panning and Design 14 1 City of Eden Prairie Trail Planning Projects Proposal Based on our current understanding, we concur with staff that esta..blishing local neighborhoo I & planning task forces 'for each of the three -trail projects is a sound strategy: Each task force would ideally consist of select neighbors and other stakeholders. A working size of eight to ten people is our general recommendation to ensure good interaction and group dynamics. Selection of members would be determined with staff input, with diversity of perspectives being critical: We,envision==the task forces being involved in all major planning steps;; including.' + Field review of study areas:{on select basis) • Review of the development program • Review. -of conceptual trailcalignments • Review of preliminary trail master -plan - • Review of final trail master plan: site -specific -or in the field issues as needed; In -add ition to the meetings with the task forces a couple of public open hawses and/or presentations are recommended to a11ow broader public participation in the process. The structure, timing, and contend of these presentations will be driven (ythe findings of the process Two open houses_would typically be anticipated for each traiJ proeet—the {irstto review site analysis, development program, and conceptual trail - alignments and the second to review the preliminary master- plan and related: Occasionally, a third open house is needed, but this is more tine exception than the rule in our _experience. Recreation, and Natural Resources Commissran, Watersheu Urstrrc� tit}r Council at strategic times during th.pracess. Three meetings for under the �° for each of the --trail proiiects are budgeted proposal o r ° (Often times, two wellplaced meetings will be sufficient whK each group) Note that part of the strategy discussion would include the desirabllrtyiof concurrently presenting the three projects to the various bodies Jisted. in the last paragraph: Although determining which approach is the most'- advantageous will be driven by the findings of the process, our proposal accounts for either possibility: Communication With the Public City staff, ensuring that trmi I- information for all com BRAUER & ASSOCIATES, LTD. Park / Recreation/ Natural Resource /Trail / Public Open Space Planning and Design 1 111 City of Eden Prairie Trail Planning Projects Proposal Project Work Program Brauer & Associates, Ltd. work program is based on and consistent with the requirements of the RFP. For conciseness, the entire work program is not reiterated here. Any applied limitations and assumptions are defined to ensure a common understanding of expectations relative to our fee proposal. The assumption is that all three projects will have a similar work program for the master planning phase. The final design and. construction documents phase only.relates toselected work falling under the $ t 00,000 Phase I: budget` Please keep in mind that we will work closely with City staff on refining the process to ensure that the work tasks necessary for achieving a successful outcome are undertaken within the context of the .project budget. Therefore, it is our expectation that the forthcoming work program will be refined as the project gets underway and as the issues become more clearly understood. Key'_Project Objectives BRAVER & ASSOCIATES, LTD. Park/Recreation /Natijd Resource /Trail /Public Open Space Planning and Design 17 City of Eden Prairie Trail Planning Projects Proposal B. Site Analysis: This work task will be consistent with the RFP as necessary for master planning and providing reasonable assurance that the trail could be built in the locations as proposed. This would include identifying any site constraints thatwouId have to be addressed as part of: the trails development: It does not get to the level of technical detail required for construction documents, such as soil borings and site surveying beyond what is provided by the City as project base mapping. It is also assumed that the technical information about the site, such as soils mapping, as required for master, planning is available through the Cry C. Preliminary Design: This worktask will be consistent with the RFP. Cost estimates -will: be. -At _ a level consistent with conceptual review and &zj->;, t 1+ r,ov �/ f CLril. 1 p � determining the relative cost of one alternative versus that of another: Review meetings will be integrated as appropriate into the larger process. D. Preferred Plan: This work task willith '.be consistent wthe RFP. Cost estimates will be at a €&el.consistentwith afinal master plan. Rev..iew meetings will he integrated as:appropriate-into the larger public process. construction wit consistent with L level required-fc the information The final report and clearly defin representations' Prior to contract z understandi ron tl it is exo illustrate Important presentations. BRAUER & ASSOCIATES, LTD. Park/ Recreation / Natura, Resource /Trail /Public Open Space Planning and Design by the City. rgpared to meet the: requirements of the RFP outcomes including aerial -ial and fintn-rleri�anci�n�E h�eo area. wim terry staZr io ei ibur e cif common product.. e in an $ '%z" x { 1 " formator other format -. prE Cry of Eden Prairie Trail Planning Projects Proposal Work Program for- the Final Design and Construction _[}ocurpents forPhase I Development The work program is consistent with the work program defiled in the RFP, with any limitations or'assumptions noted,. This in dudes: • E. Final Design and Construction Documents for Phase 11 • F.°.Coordinating with the YVatershed District Engineers_ -G.-Contract.Documents • H. Construction Supervision �.�.vv,vvv ra a ic: vcucnnc vu�;_c� ivi- � i ra�c=�: �csvwN, i,ic� i�._ • The;fee proposal is fim'ed to construction documents associated with physical development and does not include, items sucn as permitting fees and casts, soil borings 'soil e>3gneer�n-and stabl[ization, and extensive site surveying., (The extent to which These ttems be addressed cannot be determined at this time.) Project Timeframe BRAUER & ASSOCIATES, LTD. Park/ Recreation / Natural Resource /Tral / Public Open Space Planning and Design 19 Fee Statement The forthcoming fee proposal is based on our current understanding, of the City expectations, our approach to the project: as defined in the. proposal, and the forthcoming qualifcations' and limitations: Although every effort has been made to consider all aspects of the project, some' uncertainties remain in terms of project scope, expectations, and the issues and complexities that will arise. With the above in mind, Brauer & Associates; Ltd. h_ put-tdgether a not -to -exceed fee proposal based on -our best judgment on the work involved to,complete he project. Note that Brauer ssociates Ltd, is &;f verycomfortable with a good -faith contract negotiation on the final contract once we have had an opportunity to'meet wrth Cray representatives to go over each worktaskand develop a common understanding; of all intended project outcomes. We fake pride in providing quality work fora fair price. Above all, we v�ant to do -the project justice; recognizing that its value to the City rests With'tts overall quality. Fee Proposal for Master Planning Edenbrook Conservation Area,: Riley Creek Conservation Area, and Purgatory Creek Conservation. Area For items A through U of Section 1! Work -Pro -gran wlth any limitations stated in this proposal, Brauer Assoc_ fates, Ltd. --proposes am to exceed fee of $741600. consultation are not inc BRAUER & ASSOCIATES, LTD. Park/ Recreation / Natural Resource /Trail / Public Open Space Planning and Design City of Eden Prairie Trail Planning Projects Proposal Fee Proposal for -Phase] --final Design and Construction Documents for Riley Creek 'Conservation Area For items E through.H of Section 11 Work Program, with any limitations stated in this proposal, Brauer & Associates, Ltd. proposes a not -to - exceed fee range of between of 12% ($12,000) to 23% ($23,000), depending on the scope of services required to complete the work under this phase. Brauer & Associates, Ltd, will negotiate with the Qty in good faith within this fee range once the final scope and project demands are defined after the ;master planning process is complete: Additional Services I Expenses beyond those listed will be at cost plus 1.0% for administration Requests for, additional services beyond those listed will be 'billed on an hourly basis using standard rates, as defined .below. Hourty Rate Schedule;(2004) Jeff Schoenbauer, Brauer $100Ihr. George Watson, Brauer $ f 00/hr. Jason ArnbergBrauer $75/hr. Candace Amberg, Brauer $65/hr. .Tim Wold, Brauer $55/hr. Other -support staff $45/hr. Authorized Signature Signature of Authorized Bent of the Firm for: Brauer & Associate, , Ltd n K ASSOCIATES, LTD. 'Natural Resource /Trail / Publiic Open Space Planning and Design 21 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 18, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIL H. Eugene A. Dietz Approve Change Order No. 1 for Water Public Works/Engineering Fill Station Improvements Requested Action Move to: Approve Change Order No. 1 for the Water Fill Station Improvements at the Water Treatment Plan (I.C. #04- 5630) in the amount of $3,034.00. Synopsis During construction of the facility to allow contractors the ability to purchase construction water without entering the water treatment plant site, soils contaminated with diesel fuel and concrete waste were encountered. This Change Order covers the cost to remove the material from the project site. Background Information During excavation for the construction of the water fill station, we discovered a strong presence of diesel fuel odor. The limits of the contamination were determined and the soil was removed prior to completion of the construction, along with some buried concrete rubble. Subsequent investigation revealed a picture showing a diesel fuel tank for fueling construction equipment during the last phase of the plant expansion was located in close proximity to the site. The extent of contamination was not significant, but it was important to remove the material from the site. Attachments • Change Order No. 1 awl CHANGE ORDER TKDA Engineers -Architects -Planners Saint Paul, MN January 4 20 05 Comm.. No. 13055-01 Change Order No. 1 To Magnev Construction, Inc. for Water Treatment Plant — Water Fill Station Improvements for. City of Eden Prairie, Minnesota You are hereby directed to make the following change to your contract dated August 4 , 20 04 . The change and the work affected thereby is subject to all contract stipulations and covenants. This Change Order will (increase) (decrease) (Ret-c g ) the contract sum by Three Thousand Thirty -Four Dollarsand 00/100............................................................................................................... This change order provides for changes in the work of this contract according to the attached itemization. Exploratory digging to identifyklimitsof conta►ninated soil and removal ofcontaminated soil. 1,510.00 Removal, demolition, and disposal of three cubic yards of concrete chunk encountered in excavation $ 1,524.00 NET CHANGE _ $ 3,034.00 Amount of Original Contract Additions approved to date (Nos. ) Deductions approved to date (Nos. ) Contract amount to date Amount of this Change Order (Add) (Dedueo RigQanp) Revised Contract Amount Approved_ City of Eden Prairie Owner By Approved Magnet/ Construction, Inc. Contractor By $ 76,100.00 $ 76, I00.00 $ 3,034.00 $ 79,134.00 TKDA .... . By - Verne E.. Jaco en, P_ , .. . White - Owner Pink - Contractor Blue - TKDA CITY COUNCIL AGENDA DATE: January 18, 2005 SECTION: Public Hearings DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII. A. Community Hennepin Village - Office Development/Planning Commercial Guide Plan Change and Janet Jeremiah PUD Amendment Michael Franzen Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for Guide Plan Change from Office to Office/Industrial for building sites 1, 2, and 3; and Office/Neighborhood Commercial to Office/Neighborhood Commercial/Industrial for building sites 7, 8, and 9;and • Adopt the Resolution for Planned Unit Development Concept Amendment on 51 acres; and • Direct Staff to prepare a Development Agreement incorporating Staff and Board recommendations and Council conditions. Synopsis This project is an amendment to the office and commercial portion of the Hennepin Village PUD. The changes are as follows: • Reduce the size of the neighborhood commercial use from 30,000 s.f. to 9,000 s.f. • Decrease the amount of office use from 473,800 to 364,000 s.f.. • Add 173,550 square feet of industrial use. Community Planning Board Recommendation The Community Planning Board voted 5-0 to recommend approval of an alternative guide plan change and PUD plan as follows. Recommended Land Use • Building sites 1, 2, and 3 be guided both office and industrial. • Building sites 4, 5, and 6 be guided office. • Building sites 7, 8, and 9 be guided office, industrial and neighborhood commercial. Recommended PUD use • Building sites 1, 2, and 3 concept approval 205,000 square feet office and industrial. • Building sites 4, 5, and 6 concept approval for 228,000 — 352,000 square feet office. • Building sites 7, 8, and 9 concept approval for 30,000 square feet neighborhood commercial and 64,400 square feet office and industrial. Approval is based on future development for all sites must be based on office standards. Loading must be within an enclosed loading court. There must be an appropriate transition to the adjacent residential areas City staff and the developer agree with the alternative land use and PUD plan as recommended by the Community Planning Board. Background Information The guide plan change and PUD amendment for a mix of office, industrial, and commercial can be an acceptable use of the property if the emphasis is office and industrial and commercial are secondary supportive uses. An example of this type of development is City West on Shady Oak Road and City West Parkway. This development contains office and industrial, however, the industrial sites are built according to office standards. Since no buildings are proposed for construction in the near future it would be better to create mixed uses designations for the proposed buildings sites. This would provide flexibility to the developer to respond better to market conditions and a balanced land use plan would be economically healthier for the City. Attachments 1. Resolution for Comprehensive Guide Plan Change 2. Resolution for Planned Unit Development Concept Amendment 4. Planning Commission staff report dated December 10, 2004 5. Planning Commission minutes dated December 13, 2004 HENNEPIN VILLAGE OFFICE - COMMERCIAL GUIDE PLAN CHANGE AND PUD AMENDMENT CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2005- A RESOLUTION AMENDING THE COMPREHENSIVE MUNICIPAL PLAN WHEREAS, the City of Eden Prairie has prepared and adopted the Comprehensive Municipal Plan ("Plan"); and WHEREAS, the Plan has been submitted to the Metropolitan Council for review and comment; and WHEREAS, the proposal of Hennepin Village Office - Commercial Guide Plan Change and PUD Amendment, by United Properties is for: 205,000 square feet office and industrial on building sites 1, 2, and 3 228,000 - 352,000 square feet office on building sites 4, 5, and 6. 30,000 square feet neighborhood commercial and 64,400 square feet office and industrial on building sites 7, 8, and 9 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Eden Prairie, Minnesota, hereby adopts the amendment of the Plan subject to Metropolitan Council approval as follows: Office to Office/Industrial for building sites 1, 2, and 3 Office/Neighborhood Commercial to Office/Neighborhood Commercial/Industrial for building sites 7, 8, and 9. ADOPTED by the City Council of the City of Eden Prairie this 18th day of January, 2005. Nancy Tyra -Lukens, Mayor ATTEST: Kathleen A. Porta, City Clerk CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2005 A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF HENNEPIN VILLAGE OFFICE - COMMERCIAL GUIDE PLAN CHANGE AND PUD AMENDMENT FOR UNITED PROPERTIES WHEREAS the Cityof Eden Prairie has b virtue of City Code provided for the Y tY Planned Unit Development (PUD) Concept of certain areas located within the City; and WHEREAS, the Community Planning Board did conduct a public hearing on December 13, 2004, on Hennepin Village Office - Commercial Guide Plan Change and PUD Amendment by United Properties and considered their request for approval of the PUD Concept plan and recommended approval of the request to the City Council with the following modifications; and Building sites 1, 2, and 3 concept approval 205,150 square feet office and industrial. Building sites 4, 5, and 6 concept approval for 228,000 — 352,000 square feet office. Building sites 7, 8, and 9 concept approval for 9,000 - 30,000 square feet neighborhood commercial, and 64,400 square feet office and industrial. WHEREAS, the City Council did consider the request on January 18, 2005. NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. Hennepin Village, being in Hennepin County, Minnesota, legally described as outlined in Exhibit A, is attached hereto and made a part hereof. 2. That the City Council does grant PUD Concept approval as outlined in the plans stamp dated January 18, 2005. 3. That the PUD Concept meets the recommendations of the Community Planning Board dated December 13, 2005. ADOPTED by the City Council of the City of Eden Prairie this 18th day of January, 2005. Nancy Tyra -Lukens, Mayor ATTEST: Kathleen A. Porta, City Clerk EXHIBIT A PUD Concept -Hennepin Village Office - Commercial Guide Plan Change and PUD Amendment Legal Description: RLS 1737, Tracts A, B. C. D, and E STAFF REPORT TO: Community Planning Board FROM: Michael D. Franzen, City Planner DATE: December 10, 2004 SUBJECT: Hennepin Village Office Guide Plan Change to Industrial, Commercial Guide Plan Change to Office and PUD Amendment. APPLICANT/ United Properties OWNER: Pemtom Land Company LOCATION: South of Flying Cloud Airport, east of Eden Prairie Road, and north of Highway 212 REQUEST: 1. Comprehensive Guide Plan Change from Office to Industrial on 20 acres. 2. Comprehensive Guide Plan Change from Neighborhood Commercial to Office on 3.0 acres. 3. Planned Unit Development Concept Amendment on 51 acres for 240,000 to 364,000 square feet of office, 205,550 square feet of industrial, and 9,000 square feet of commercial. Staff Report — Hennepin Village Site C Rezonin December 10, 2004 BACKGROUND The overall development plan for the Hennepin Village project was approved by the City Council in February 2002. The approved plan included the following uses. • Housing 103.5 acres (511 townhouse and 184 single family homes) • Office 64 acres • Neighborhood Commercial 4.5 acres • Open Space Dedicated 71.5 acres. Over the last few years there have been changes to housing product and more land added to the project to account for the increase in the number of housing units. Most of the land added to the project was guided office and changed to medium density residential. • Housing 108.5 acres (573 townhouse and 184 single family homes) • Office 64.5 acres • Neighborhood Commercial 4.5 acres • Open Space Dedicated 71 acres. PROJECT DESCRIPTION There are three actions required. • Comprehensive Guide Plan Change from Office to Industrial on 20 acres. • Comprehensive Guide Plan Change from Neighborhood Commercial to Office on 3.0 acres. • Planned Unit Development Concept Amendment on 51 acres for 240,000 to 364,000 square feet of office, 205,550 square feet of industrial, and 9,000 square feet of commercial. COMPREHENSIVE GUIDE PLAN CHANGE FROM OFFICE TO INDUSTRIAL ON 20 ACRES (PROPOSED BUILDING 1,2,3,7) In 1998, the previous property owner, Lynn Charlson requested and the City approved a guide plan change for the entire Hennepin Village site from low density residential to a mixture of low density, medium density, open space and office. The office land was approved as a minimum 75% office use. In addition to pure office use, this would allow for, research and development, or office showroom buildings. The reason for the minimum office use was to preclude typical industrial uses with heavy truck traffic and outside storage. This was important in order to have an appropriate transition next 0 Staff Report — Hennepin Village Site C Rezoning December 10, 2004 to residential. An example of this type of development is City West on Shady Oak Road and City West Parkway. This development contains office and industrial, however, the industrial sites are built according to office standards. These buildings are brick and glass with minimal loading docks or enclosed loading courts. COMPREHENSIVE GUIDE PLAN CHANGE FROM NEIGHBORHOOD COMMERCIAL TO OFFICE ON 3.0 ACRES (PROPOSED BUILDING 9) The purpose of the approved 4.5 acre site was to provide for commercial services for the area. The proposed plan is to reduce the size of the commercial area to 1.5 acres. The nearest retail area is the Superamerica, approximately 1.5 miles to the north and east of the site. PLANNED UNIT DEVELOPMENT CONCEPT AMENDMENT ON 51 ACRES The approved PUD identified office and commercial sites by acreage but not a specific number. The traffic study for the PUD estimated a building square footage, based on City code requirements of 483,516 square feet office and 30,000 square feet commercial. These numbers were used to estimate traffic generation in order to determine what road improvements would be needed. The proposed plan includes 240,000 to 364,000 square feet of office, 205,550 square feet of industrial, and 9,000 square feet of commercial. TRAFFIC Each of the proposals for modifying the land uses in Hennepin Village is estimated to result in a traffic reduction. Staff has reviewed the impacts of the traffic reductions on the TH 212 / Charlson Road intersection and it appears that a traffic signal will still be warranted. Staff has recently begun efforts to design the TH 212 / Charlson Road intersection and is committed to constructing the project with a traffic signal project in the 2005 calendar year. SUMMARY The Board should discuss the following. • Are there compelling reasons to change the guide plan? • Is the PUD mix of 240,000 to 364,000 square feet of office, 205,550 square feet of industrial, and 9,000 square feet of commercial an appropriate use of the property? The guide plan change and PUD amendment for a mix of office, industrial, and commercial can be 3 Staff Report — Hennepin Village Site C Rezoning December 10, 2004 an acceptable use of the property if the emphasis is office and industrial and commercial are secondary supportive uses. An example of this type of development is City West on Shady Oak Road and City West Parkway. This development contains office and industrial, however, the industrial sites are built according to office standards. Since no buildings are proposed for construction in the near future it would be better to create mixed uses designations for the proposed buildings sites. This would provide flexibility to the developer to respond better to market conditions and a balanced land use plan would be economically healthier for the City. The staff would suggest the following. Recommended Land Use • Building sites 1, 2, and 3 be guided office and industrial. • Building sites 4, 5, and 6 be guided office. • Building sites 7, 8, and 9 be guided office, industrial and neighborhood commercial. Recommended PUD use • Building sites 1, 2, and 3 concept approval 205,150 square feet office and industrial. • Building sites 4, 5, and 6 concept approval for 228,000—352,000 square feet office. • Building sites 7, 8, and 9 concept approval for 9,000 30,000 square feet neighborhood commercial, and 64,400 square feet office and industrial. STAFF RECOMMENDATION Alternative One If the Community Planning Board believes that compelling reasons have been provided to justify the comprehensive guide plan change, then one option would be to recommend approval of the following: • Comprehensive Guide Plan Change from Office to Industrial on 20 acres. • Comprehensive Guide Plan Change from Neighborhood Commercial to Office on 3.0 acres. • Planned Unit Development Concept Amendment on 51 acres Approval is based on future development for all sites must be based on office standards. Loading must be within an enclosed loading court. There must be an appropriate transition to the adjacent residential areas. Alternative Two 4 Staff Report Hennepin Village Site C Rezoning December 10, 2004 If the Community Planning Board believes that guide plan and pud amendment requests should be modified, then one option would be to recommend the following: Recommended Land Use • Building sites 1, 2, and 3 be guided both office and industrial. • Building sites 4, 5, and 6 be guided office. • Building sites 7, 8, and 9 be guided office, industrial and neighborhood commercial. Recommended PUD use • Building sites 1, 2, and 3 concept approval 205,000 square feet office and industrial. • Building sites 4, 5, and 6 concept approval for 228,000 - 352,000 square feet office. • Building sites 7, 8, and 9 concept approval for 30,000 square feet neighborhood commercial and 64,400 square feet office and industrial. Approval is based on future development for all sites must be based on office standards. Loading must be within an enclosed loading court. There must be an appropriate transition to the adjacent residential areas. Alternative Three If the Community Planning Board believes that compelling reasons have not been provided to justify the comprehensive guide plan change, then one option would be to recommend denial of the Comprehensive Guide Plan Change from Office to Industrial on 20 acres, Comprehensive Guide Plan Change from Neighborhood Commercial to Office on 3.0 acres, and Planned Unit Development Concept Amendment on 51 acres. Staff recommends Alternative Two. 5 Area Location Map . Hennepin Viliane Office PUD Amendment Address: North of 212 east of Spring Road T/' �t"��• , ip N AL4 WTO"k rtOMS AOM, PorAk OUKD & AMA fe'*" WM `IVY M ^•.. $ ^""• �" �'. �' .. M.TM,S74 $F TOTAk. amcl SAM Wv" RIIMAR "4M] iMF�At. FCtm CLOM Planning Board Minutes December 13, 2004 Page 8 VI. PUBLIC HEARING A. HENNEPIN VILLAGE OFFICE - COMMERCIAL GUIDE PLAN CHANGE AND PUD AMENDMENT by United Properties. Location: North of Highway 212, east of Spring Road. This is a request for a Comprehensive Guide Plan Change from Office to Industrial on 20 acres. A Comprehensive Guide Plan Change from neighborhood Commercial to Office on 4.5 acres, and a Planned Unit Development Concept Amendment on 51 acres. Bill Catter, of United Properties and Ed Farr, project architect, presented the proposal. Mr. Catter stated that the nature of the request was to obtain more flexibility to this site. Mr. Catter stated that he felt the flexibility of adding industrial would benefit the City. Mr. Farr showed an overhead presentation outlining the importance of this request for the guide plan change. United Properties would like to make this site more marketable and the view over the bluff is a very key feature for the office space. They will be submitting a very detailed plan in the near future. Stoelting asked Franzen to review the staff report. Franzen stated that page 4 of the staff report lists two recommended land use plans. The square footage is fixed on building sites 1, 2, and 3 for office and industrial, 4, 5, and 6 have a range because there would be the possibility of multiple stories. And for building sites 7, 8, and 9, the Staff would still like to reserve the possibility for something larger than 9,000 sq. ft. for retail. The Staff recommendation for this is on page 2 of the staff report. The Staff is recommending Alternative Two, which is an alternative land use plan, an alternative PUD plan for the property. Stoelting opened the meeting up to public input. There was no public input. Nelson asked the Staff when guiding this industrial, does it mean light industrial or just what kind of industrial. Franzen responded by stating that once zoned industrial, any industrial use is permitted. He also stated that the one thing that the City was concerned about when they did the guide plan change from residential to office was that the City did not want to end up with an industrial park similar to the Shady Oak Industrial Park. Planning Board Minutes December 13, 2004 Page 8 Nelson asked if this layout would not allow any industrial that had heavy industrial usage. Franzen stated that the guiding would allow any industrial use; but the zoning of the property is where the restrictions will occur, such as screened back areas, buffer zones to residential, and exterior materials will likely preclude heavy industrial use. Stoelting asked the project proponent if he had any problems accepting Alternative Two. Project proponent stated that they do not; they are supportive of Alternative Two. MOTION by Brooks, seconded by Nelson, to close the public hearing. Motion carried 6-0. MOTION by Brooks, seconded by Nelson, to approve Alternative Two for the Comprehensive Guide Plan Change from Office to Office/ Industrial on 17 acres, Comprehensive Guide Plan Change from Office/Neighborhood Commercial/Industrial on 14.5 acres. Planned Unit Development Concept Amendment on 51 acres with Building sites 1, 2, and 3 concept approval 205,150 square feet office and industrial. Building sites 4, 5, and 6 concept approval for 228,000 — 352,000 square feet office, and Building sites 7, 8, and 9 concept approval for 9,000 — 30,000 square feet neighborhood commercial, and 64,400 square feet office and industrial. Motion carried 6-0. CITY COUNCIL AGENDA DATE: January 18, 2005 SECTION: Public Hearings DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII. B. Community Eden Development Addition 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 3 acres; and • Approve 1st Reading of the Ordinance for Planned Unit Development District Review and Zoning District Change from I -General to I-2 on 3 acres; and • Direct Staff to prepare a Development Agreement incorporating Staff and Board recommendations and Council conditions. Synopsis This is for a 15,880 square foot building addition. Planning Commission Recommendation The Planning Commission voted 5-0 to recommend approval of the project to the City Council at its December 13, 2004 meeting. Background Information The building addition meets the requirement for the I-2 zoning district. The outside storage will be permanently removed from the site. The plans have been revised to provide screening of the rooftop mechanical equipment. Attachments 1. Resolution for Planned Unit Development Concept Review 2. Planning Commission staff report dated December 10, 2004 3. Location Map 4. Planning Commission minutes dated December 13, 2004 EDEN DEVELOPMENT ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2005- A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF EDEN DEVELOPMENT ADDITION FOR EDEN DEVELOPMENT 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 Planning Commission did conduct a public hearing on December 13, 2004, on Eden Development Addition by Eden Development 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 January 18, 2005. NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. Eden Development Addition, 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 January 10, 2005. 3. That the PUD Concept meets the recommendations of the Planning Commission of December 13, 2004. ADOPTED by the City Council of the City of Eden Prairie this 18'h day of January, 2005. Nancy Tyra -Lukens, Mayor ATTEST: Kathleen A. Porta, City Clerk EXHIBIT A PUD Concept- Eden Development Addition Legal Description: The north 256 feet measured at right angles to the North line of Lot 2, Block 1, EDEN PRAIRIE INDUSTRIAL PARK, Hennepin County, Minnesota. STAFF REPORT TO: Community Planning Board FROM: Scott A. Kipp, Senior Planner THROUGH: Michael D. Franzen, City Planner DATE: December 10, 2004 SUBJECT: Eden Development (aka, Allan Mechanical, Inc.) APPLICANT/ FEE OWNER: Eden Development LOCATION: 7875 Fuller Road REQUEST: 1. Planned Unit Development Concept Review on 3 acres 2. Planned Unit Development District Review on 3 acres 3. Zoning District Change from I -General to 1-2 on 3 acres 4. Site Plan Review on 3 acres Staff Report — Eden Development December 10, 2004 Page 2 BACKGROUND This site is zoned I -General. The surrounding property is zoned I -General to the east, and I-2 to the north, south and west.. A variance was granted for the existing building for a 15-foot front yard setback along the south frontage road of Highway 5. The current request is to rezone the property from I -General to I-2 for the construction of a building addition. SITE PLAN The existing building is 22,800 sq. ft. The proposal is for a building expansion of 15,882 sq. ft. for a total building area of 38,682 sq. ft. The base area ratio is .27 with a floor area ratio of 29.4. City code permits up to a .30 base area ratio and a .50 floor area ratio. The building meets the setback requirements for the I-2 zoning district. A total of 47 parking stall are required based on the proposed use of the building. The plan provides 51 parking stalls. The parking meets the setbacks for the I-2 zoning district. Currently, a portion of the site is being used by a neighboring business for outside storage. The outside storage will be eliminated from the site since it is not permitted in the I-2 zoning district. GRADING AND DRAINAGE The site will include new storm sewer and a rain water garden. UTILITIES The building is connected to city sewer and water. ARCHITECTURE The existing building is constructed primarily of plain concrete block with some corduroy concrete block along the Fuller Road frontage. The existing building was constructed prior to the adoption of the building material standards which precludes the use of plain concrete block. The proposed building addition is 26 feet in height and will be built with rake finish pre -cast concrete panels meeting code in the I-2 zoning district. Two existing rooftop mechanical units are visible from the public road and will need to be physically screened consistent with City code. The proposed addition does not identify any new rooftop mechanical equipment. If new units are proposed, they will need to be screened in accordance with the code. Staff Report — Eden Development December 10, 2004 Page 3 LANDSCAPING The proposed building addition at 26 feet is considered a two-story building for determining the total caliper inch requirements according to code. Total caliper inches required is 80 caliper inches. The plan meets this requirement. STAFF RECOMMENDATION Recommend approval of the following request: • Planned Unit Development Concept Review on 3 acres. • Planned Unit Development District Review on 3 acres. • Zoning District Change from I -General to I-2 on 3 acres. • Site Plan Review on 3 acres. This is based on plans dated November 22, 2004, and the following conditions: 1. Prior to City Council review, the proponent shall revise the plans to show mechanical equipment screening for the existing rooftop mechanical units and any proposed units. 2. Prior to grading permit issuance, the proponent shall: A. Submit detailed storm water runoff, utility, and erosion control plans for review and approval by the City Engineer and Watershed District. B. Notify the City and Watershed District 48 hours in advance of grading. C. Install erosion control on the property. 3. Prior to building permit issuance for the property, the proponent shall: A. Provide a landscaping surety equivalent to 150% of the cost of the landscaping for 80 caliper inches. B. Remove the outside storage from the property. Area Location Map - Eden Development Addition Address: 7875 Fuller Road Planning Board Minutes December 13, 2004 Page 9 B. EDEN DEVELOPMENT ADDITION, by Eden Development. Location: 7875 Fuller Road. This is a Planned Unit Development Concept Review on 3 acres. A Planned Unit Development District Review on 3 acres. Zoning District Change from 1-General to 1-2 on 3 acres. Site Plan Review on 3 acres. Elmer Woodall, and Bill Dahl, owners of the property, presented the proposal. Mr. Woodall stated that they have 22,800 square feet of property. The back area of this property is being rented out to Waterpro for pipe storage. Mr. Woodall stated that they would like to make better use of that property and not have any outdoor storage. They would like to build a tenant space in the back with access off of the side road, making the building L shaped with access from two different side streets. Mr. Woodall explained the concept using the overheard projector. He stated that the main entrance is 20 ft. wide and they would like to increase that to 28 feet. There is parking along the front of the building now and they would like to increase that to have a double row of parking and increase the side parking, and also increase the turn -around area for semi -trucks, so they can come in and turn around. The main entrance would be off the side street of Fuller Road. Mr. Woodall and Mr. Dahl would like to use this for a tenant office warehouse. Stoelting asked Franzen to review the staff report. Franzen stated that the staff recommendation if for approval, according to the recommendations on page 3 of the staff report. Stoelting opened the meeting up for public input. There was no input. MOTION by Brooks, seconded by Kacher to close the public hearing. Motion carried 5-0. MOTION by Brooks, seconded by Kacher, for approval of a request for Planned Unit Development Concept Review on 3 acres, Planned Unit Development District Review on 3 acres, Zoning District Change from I -General to 1-2 on 3 acres, and Site Plan Review on 3 acres, based on plans dated November 22, 2004, subject to the recommendations of the staff report dated December 10, 2004, to the City Council. Motion carried 5-0. CITY COUNCIL AGENDA DATE: January 18, 2005 SECTION: Public Hearings DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIIL C. Community Development/ Maintenance Outdoor Storage Site Planning Janet Jeremiah Michael Franzen Requested Action Move to: • Close the Public Hearing; and • Approve 1 st Reading of the Ordinance for Zoning District Change from Rural to I -General on 17 acres. Synopsis This proposal is to rezone property from Rural to I -General to allow the City to operate an outdoor storage area for the operating functions of the utility, streets, and park and recreation departments. Community Planning Board Recommendation The Community Planning Board voted 5-0 to recommend approval of the rezoning to the City Council at the December 13, 2004 meeting. Background Information This site needs to be rezoned to I- General in order for the City to use the property for outdoor storage of materials and equipment. The proposed plan meets the required setbacks. The plan includes the required screening of the outdoor storage from public roads and adjacent land uses. The plan includes the required stormwater treatment pond. The proposed buildings have not been designed. When completed, these designs will be submitted to the Planning Commission and City Council for a site plan review. Attachments 1. Staff Report dated December 10, 2004 2. Location Map 3. Community Planning Board Minutes dated December 13, 2004 STAFF REPORT TO: Community Planning Board FROM: Michael D. Franzen, City Planner DATE: December 10, 2004 SUBJECT: Eden Prairie Maintenance Outdoor Storage Site APPLICANT: City of Eden Prairie OWNER: City of Eden Prairie LOCATION: 9955 Flying Cloud Drive REQUEST: 1. Rezoning from Rural to I -General on 17 acres. Staff Report — Maintenance Outside Storage Facili December 10, 2004 BACKGROUND This site is currently guided Industrial_ The site is currently zoned Rural. MAINTENANCE OUTDOOR STORAGE SITE Efficient Parks and Public Works operations require the ability to maintain an inventory of materials as well as a staging area for projects. The maintenance facility on Technology Drive does not afford that opportunity due both to its size and the proximity to adjacent neighbors. This 17 acre site (approximately 13 net usable acres) was acquired in 2002 as the permanent solution to these operational needs. All of our maintenance materials can be accommodated, including sand/salt, and it will provide space for vehicle and off season equipment storage. In the future, staff anticipates that additional services can be accommodated at the site including a towing impound lot. We currently pay over $12,000 per year to the private sector for this service, which in fact is a local service that will not last indefinitely (currently located on Industrial Drive). A more complete list of uses as well as some of the background about cost and financing maybe found in the attached memorandum from the Director of Public Works to the City Council, dated June 13, 2001. PROPOSAL This site needs to be rezoned to I- General in order for the City to use the property for outdoor storage of materials and equipment. The proposed plan meets the required setbacks of 75 feet for the front yard adjacent to 212, 30 foot side yard setbacks, and 50 foot rear yard setbacks for buildings, parking, and loading. The plan includes the required screening of the outdoor storage from public roads and adjacent land uses. The plan includes the required stormwater treatment pond. The proposed buildings have not been designed. When completed, these designs will be submitted to the Community Planning Board and City Council for a site plan review. STAFF RECOMMENDATION Recommend approval of the following request: • Rezoning from Rural to I —General on 17 acres. 2 Area Location Map - City of Eden Prairie Road Maintenance Site Address; East of Flying Cloud Drive and South of Pioneer Trail. Final Planning Board Minutes December 13, 2004 Page 10 C. MAINTENANCE OUTDOOR STORAGE SITE, by the City of Eden Prairie. Location: 9955 Flying Cloud Drive. This is rezoning from Rural to I -General on 17 acres. Gene Dietz stated that the City acquired these 17 acres of land in 2002. The Parks and Public Works Department saw this site as an opportunity to store sand/salt and space for vehicles and off-season equipment storage. Mr. Dietz stated that they have a proposed grading plan for the site and a concept plan, but at this time, there is no particular site plan. He stated that he is here tonight to get the zoning approval to move ahead in this project. Stoelting asked Franzen if the Staff had any additional comments and Franzen stated no. MOTION by Nelson, seconded by Brooks, to close the public hearing. Motion carried 5-0. MOTION by Nelson, seconded by Brooks, to recommend approval of a request for Rezoning from Rural to I -General on 17 acres, based on plans dated December 10, 1004, subject to the recommendations of the staff report dated December 10, 2004, to the City Council. Motion carried 5-0. CITY COUNCIL AGENDA DATE: SECTION: Public Hearing January 18, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII. D. Leslie Stovring Vacation 04-14 Public Works / Environmental Services Vacation of Conservation Easement Over Part of The Pines at Settlers Ridge Requested Action Move to: 1. Close the Public Hearing; and 2. Move to: Adopt a resolution vacating the Conservation Easement over part of The Pines at Settlers Ridge Synopsis A conservation easement was required for The Pines I development for protection of the wetland, wetland mitigation area and wetland buffers. However, inadvertently the recorded easement was included the structure setback area. Only the wetland and wetland buffer are required by ordinance to be covered by a conservation easement. This vacation reduces the size of the easement to conform to City Code requirements and eliminates current and future encroachment issues for adjacent property owners. Staff recommends approval of the vacation. Background Information Mr. Steve Kroiss with The Pines I, LLC is requesting to amend the recorded conservation easement through a vacation of a portion of the easement dedicated by the currently recorded document. Following are the primary reasons for the amendment. 1. City Code requires that structures be set back 15 feet from a wetland buffer strip. We typically require that a conservation easement be established coterminous with the edge of the buffer strip. The Developer's consultant inadvertently established the conservation easement to be coterminous with the setback line, thus increasing the setback an additional 15 feet and causing some of the decks and landscape features to be in non-compliance. 2. To provide a straighter, simpler line that is easily recognized by the Association, their Management Company and the residents. Staff recommends that the vacation of a portion conservation easement be approved as proposed. The proposed change to the conservation easement does meet the Alternative Buffer Width requirements of the City's wetland buffer ordinance. Attached to this memorandum are diagrams which outline the existing and proposed conservation easement lines. Attachments • Resolution • Letter from Steve Kroiss of The Pines I, LLC • Location Map • Sketch of Conservation Easement • Sketch of Revised Conservation Easement CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO.2005- VACATION OF CONSERVATION EASEMENT OVER PART OF THE PINES AT SETTLERS RIDGE VACATION 04-14 WHEREAS, the City of Eden Prairie has a certain Conservation Easement described as follows: That part of Outlot A, Lot 6, Lot 7, Lot 8 and Lot 9, Block 1, THE PINES AT SETTLERS RIDGE, according to the recorded plat thereof, Hennepin County, Minnesota, described as follows: Commencing at northeast corner of said Outlot A; thence South 68 degrees 52 minutes 12 seconds West, assumed bearing along the north line of said Outlot A, a distance of 230.35 feet: thence South 29 degrees 38 minutes 01 seconds East, a distance of 14.93 feet to the actual point of beginning of the conservation easement to be vacated; thence South 29 degrees 38 minutes 01 seconds East, a distance of 37.70 feet: thence South 25 degrees 41 minutes 07 seconds East, a distance of 106.58 feet; thence South 01 degrees 47 minutes .30 seconds East, a distance of 51.99 feet; thence South 57 degrees 18 minutes 35 seconds West, a distance of 52.39 feet; thence South 38 degrees 32 minutes 49 seconds West, a distance of 109.66 feet; thence South 13 degrees 20 minutes 04 seconds West, a distance of 30.86 feet to the westerly line of said Lot 9; thence South 03 degrees 43 minutes 35 seconds East, along said westerly line of Lot 9, a distance of 15.30 feet; thence North 53 degrees 59 minutes 08 seconds East, a distance of 24.05 feet; thence North 72 degrees 28 minutes 01 seconds West, a distance of 6.03 feet; thence North 07 degrees 48 minutes 21 seconds East, a distance of 17.93 feet; thence North 34 degrees 38 minutes 01 seconds East, a distance of 40.52 feet; thence North 25 degrees 09 minutes 09 seconds East, a distance of 48.00 feet; thence North 46 degrees 36 minutes 38 seconds East, a distance of 33.64 feet; thence North 86 degrees 56 minutes 24 seconds East, a distance of 19.16 feet; thence South 48 degrees 23 minutes 12 seconds East, a distance of 2.77 feet; thence North 48 degrees 09 minutes 16 seconds East, a distance of 34.50 feet; thence North 06 degrees 42 minutes 43 seconds West, a distance of 32.21 feet; thence North 20 degrees 30 minutes 15 seconds West, a distance of 153.10 feet; thence North 67 degrees 21 minutes 20 seconds West, a distance of 23.23 feet to the point of beginning. WHEREAS, a public hearing was held on January 18, 2005, after due notice was given to affected property owners and published in accordance with M.S.A. 412.851; and WHEREAS, the Council has been advised by City Staff that the proposed vacation of the above described Conservation Easement has no relationship to the comprehensive municipal plan; and WHEREAS, it has been determined that the said Conservation Easement is not necessary, and has no interest to the public, therefore, should be vacated. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: 1. Said Conservation Easement as above described is hereby vacated. 2. The City Clerk shall prepare a notice of completion of proceedings in accordance with M.S.A. 412.851. ADOPTED by the Eden Prairie City Council on January 18, 2005. ATTEST: Kathleen Porta, City Clerk Nancy Tyra -Lukens, Mayor SEAL December 22, 2004 Ms. Leslie Stovring City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Re: The Pines I Conservation Easement Revision Request Dear Leslie: I am writing to request a change in the conservation easement for The Pines I residential development for the following reasons: • The wetland buffer and structure setback areas were incorrectly recorded. The structure setback areas were included with the wetland buffer setback area, thus, creating a larger conservation easement than required. The changes that are proposed to the conservation easement are primarily to correct this issue. • The incorrect recording of the easement and setback resulted in buildings and manicured landscaping being installed in portions of the conservation easement. • Minor changes to the conservation easement line are being proposed to provide a straighter, simpler line to the conservation easement. This will assist in aligning the easement in relation to the buildings; to help residents more easily identify the conservation easement boundary. • The proposed change will result in a relationship between the easement and the buildings that is more conducive to recognition by residents. The proposed easement provides a readily identifiable line between the maintained lawn and the buffer. The existing buffer does not relate in a linear fashion to the buildings and patios. The new conservation easement area does meet the alternative wetland buffer width requirements in the City Code for this type of wetland. No additional changes are needed for the change in the conservation easement request. Thank you for considering this change in the conservation easement for the Pines I residential development. Sincerely, w Steve Kroiss The Pines 1, LLC d SKETCH OF CONSERVATION EASEMENT TO BE CONSIDERED FOR VACATION O s r' c—le 5 a Fps e oaawentnanr servo rl §s \ t Line `•� '�`' Lor » _ � s wetane Boundary re g4 6 —fl ssrrrssir f M r 'e 8 •1 J �tAV A rl l 4 /p eP • i e opol- )> 7 ' r • o0 U) <w x 3 t 4 s <: ,<` J`. k LEGAL DESCRIPnON OF CONSERVAT EASEMENT TO BE CONSIDERED Rat pare of Outat A. Lot ALot 7, Lot 6 and Lot 4 8bak f, 11E:PMES Ar SETTLERS RXX:E: aeoondin9 to the necarMrd eat Merest; t wWwoh p t>EstO1CS COWSERYA}lOt/ ttOnRAfta/T Count}t �/Lanesat4 dwc+lad hews: SET 1M S CO Corraneneh9 of northeast comer of sad OuWt A, thernce South 66 0.9"es 52 m - f2 SOCPnda NYat C=Mdd bsoriy denq the north tie of soli! A~ A. a obtanee of 23OJ5 het thence South 29 depose 36 mites Of ® LDN01i5 VACAIEO EASEMENT AREA second East o dlstanee of 14.93 hat to the achat point of be9keft of - the cauagnan eoswnw+t to be wowtoct South 29 depress M mkt. Of seconds East datrxe of..17.70 het thrice South 25 degrow 41 miwtes 07 seconds Cost o dstowo of 106.56 lest; thence South Of Scala 1 : 60 Hit degrees 47 minutes JO seeands Eoet o &stance of 51.99 het thence South 57 dogroes f6 mites JS secands west, a detenee of 52.Jg test these South JB degrees 32 rrriwtes 49 seconds tisat a aeatonee of t09.0�cS}£0 or left thaw* South 13 dowees 20 mrwtes 04 sseands west o dlatonee of J066 het eo the restat7 tine of sstd Lot 9• thence South G} atrgress ..S �� mhules J5 mends £eat day sold aastay the of Lot A a drStanee of TM $ At r.SJo het tnarrcy Wroth 53 de9r&es 59 mhutes 06 aecvrMa East a. dstonee of 24.05 teat thane& Month 72 degrees 26 mewtes Of seconds west, a distance of 6.03 lost thenp Month 07 d&gr&as Ib miutes 21 seconds Of A.s o dstEb of usfa lest thence Marty Js dr.a North JS 25 W Westwood Professional Services. Inc. mites OI aeearnde East a detest& of &a5z fest M&nn Man, 25depose 09 miutm 09 seconds East a &stone of 4&00 het thence75" Drive tf � 6 dlrr J6 mrwtas M wear.* Cost o distace of JU6. /actEdm mjNN 553Mhet Nort Sout 56 mhvhs 2< seconds Cost a rPratanee of to 162.77 het tnernee North 2Jmiutes12 seccads Cost o o►staeea ofPhoto: 9SM7-5150 fa= 9SM37-SVZ disuses 09 mrwhs 16 socand*s East a Of 5e.50 het thence Norm 06 deVv" 42 mites t3 secants 1Mest o Rodsad datenctt of J22t Mt Manor North 20 degrees JO miutes TS manes 12121104 r Nvst, a distance of /5.x10 feet thence North 67 degrees 2f minutes 20 G - secarWs west a distance of 2123 feet to the point of begimhg. anrn bx CW4 Oat« »�& .ab Nw2€ I1O7100 VAC 04-14 SKETCH OF REVISED CONSER VA TION EASEMENT n� too �5 6610 o�Z T3O'3g CU � A or '� r Y = Qrtb%Dt A a tD +' v �7i \ Coneem \ aeament U neat tome` corn 10 of 0utlot A N he G�vi r�? �\ s IL y `& \\ • JJ�Lore.+D S. 3 ID v v Mtuond\ 6oundwy �MID i .<C> =a fit w coos to Z ID \rJ.� . 211 REVISED GONSERVATWN EASEM M LEGAL DESCRIPTION An easement for Cayarvptfan puyaseet lyip Over and across' thof peH of Lot 6. Lot 7• Lot B and tot A L ThE' PN$S AT $ffll,ERS IIIgCE, and Mat Port of Lot fa Bkok I. THE PNES AT SEiRERS NOGE 2MO ADOfWK desbiDsa oa loporrtM mended Plots thereof Hennepin Ca»tts wn"Volm O OpvOTES CONSLRYA710N tlpkAN'NT SET 0f t' W Cormnarohg a a- northeast comer of said Lot fit thence South 68 degrees 52 miwtw 12 $WcOmb NWL OSA/med WorfnQ oiorp BN north tires of said Lot Ia a distance of 23a35 (set t0 the aetud port Of begiL-Aw thence South 29 degrees 36 mhutw Of Wends East a orstome of 5265 het thence South 25 degrees 41 mhates 07 seconds East, a dstaoce of IOKSB hat: therm South Of atgrws 47 m:wtes 30 seconds £asL a obtance of Seohr 1 ` 60 hN 51.99 fast* thane* South 57 degrees IB minute* 35 worm* Mts6 a detaees of 5239 iced thence South 36 WQren 32 mrwtes 49 seconds REOVESIM Or Most, o distance of 109.66 Net* thence South i3 degrees 20 mi sites 04 seconds Mot, a awance of jaw feet to the aeandy a» of said Let 9. �. $ � ��� thence North O3 degraes 43 miwtes 35 seaorwtr M w4 done said cost the and its northerly extension, a distance of 31195 foot to rwthaeW comer of sold Lot IM thence eas" dung anon—fdnpenLd curve conco., to south hadn9 o cenhd engra of 00 degrees 16 miwtex 54 mcwx% and a radius o► z6ra23 fwt for sin are datonee of 1144 Net, the chord of said curve boors North 6B atgraes .2 m9nurea 4s setnnds £sat rhence ,ears, W W@y rOOC) Professional Services, Inc. M cog es 32 rMwtea. t2morrdsEasta distance of 35.37 Nat to the7599 AnWam Drive Eden Prairie_ MN 553" VAC 04-14 - CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims January 18, 2004 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX. Sue Kotchevar Payment of Claims Office of the City Manager/ Finance Requested Action Move to: Approve the Payment of Claims as submitted (roll call vote) Synopsis Checks 137479 - 137843 Wire Transfers 2162 2167 City of Eden Prairie Council Check Summary 1 /18/2005 Division Amount 26,813 100 General 650 101 Legislative 26,492 110 City Clerk 3,516 Ill Customer Service 5,627 112 Human Resources 1,980 113 Communication Services 14,496 114 Benefits & Training 5,160 115 Risk Management 3,557 116 Facilities 69,593 117 City Center 78,699 130 Assessing 3,229 131 Finance 1,197 132 Social Services 9,616 133 Community Development 1,315 134 Heritage Preservation 115 135 Information Technology 46,735 136 Wireless Communication 3,795 137 Economic Development 880 150 Park Administration 246 151 Park Maintenance 6,866 153 Athletic Programs 4,482 154 Community Center 31,659 156 Youth Programs 842 158 Senior Center 338 159 Recreation Administration 384 160 Therapeutic Recreation 10 161 Oak Point Pool 4,993 162 Arts 547 163 Outdoor Center 140 180 Police 10,874 184 Fire 8,355 185 Animal Control 96 186 Inspections 108 200 Engineering 2,285 201 Street Maintenance 5,851 203 Fleet Services 53,796 301 CDBG -40 312 Recycle Rebate 65 316 WAFTA 351 409 Improvement Bonds 1998A 374 502 Park Development 32,192 503 Utility Improvement 15,577 506 Improvment Bonds 1996 6,567 509 CIP Fund 13,051 511 Construction Fund 4,715 515 Fire Station #4 17,346 601 Prairie Village Liquor 68,232 602 Den Road Liquor 164,939 603 Prairie View Liquor 59,766 605 Den Road Building 8,290 701 Water Fund 57,469 702 Sewer Fund 7,761 703 Storm Drainage Fund 320 803 Escrow Fund 3,200 807 Benefits Fund 306,628 Report Total 1,202,136 Check # Amount Vendor / Explanation City of Eden Prairie Council Check Register 1/18/2005 Account Description 73,150 PUBLIC EMPLOYEES RETIREMENT AS 9,971 ICMA RETIREMENT TRUST-457 14,092 ORCHARD TRUST CO AS TRUSTEE/CU 26,076 MINNESOTA DEPT OF REVENUE 78,499 PUBLIC EMPLOYEES RETIREMENT AS 128,903 WELLS FARGO MINNESOTA N A 666 AMERICAN RED CROSS 100 CARVER COUNTY TREASURER 30 CULLIGAN-METRO 8 DISH NETWORK 59 DNR 160 EDAM 776 EDEN PRAIRIE CHAMBER OF COMMER 390 EHLERS & ASSOCIATES INC 14 FERRELLGAS 85 GE CAPITAL 372 GREATAMERICA LEASING CORP. 1,560 ITRON INC. 100 KALKBRENNER, PETER 1,273 KOERING, STEVE 7,475 MCCOMB GROUP LTD 100 MCLEOD COUNTY RECORDER 921 METRO SALES INCORPORATED* 475 MILLARD, CHRIS 40 MINNESOTA COMMERCE DEPARTMENT 1,620 MINNESOTA POLLUTION CONTROL AG 64 MINNESOTA POLLUTION CONTROL AG 200 MINNESOTA STATE FIRE CHIEFS AS 300 MORRISON COUNTY SHERIFF'S DEPT 395 MRPA 9,736 ON -SITE HEAT 847 PEPSI COLA COMPANY 3,000 POSTAGE BY PHONE RESERVE ACCOU 511 POWER SYSTEMS 93 PRIORITY COURIER EXPERTS 2,500 PRO -SHOP VENDING 6 R & R MARINE INC 746 RUE, RODNEY 295 ' SOUNDS GREAT 6 STAR TRIBUNE 12 STEIGAUF, ANDREE 12 STODOLA, EDITH 95 TWIN CITIES HUMAN RESOURCES AS 49 UNITED PUBLISHERS NETWORK 40 UNITED STATES POLICE CANINE AS 2,000 WILLIAMS, LINDA D 102 ACE ICE COMPANY 128 AMERIPRIDE LINEN & APPAREL SER 77 ARCTIC GLACIER INC 7,450 BELLBOY CORPORATION 279 BRW ENTERPRISES 123 CAT & FIDDLE BEVERAGE 6,231 DAY DISTRIBUTING 1,762 EAGLE WINE COMPANY 10,693 EAST SIDE BEVERAGE COMPANY 614 GRAPE BEGINNINGS 10,725 GRIGGS COOPER & CO 1,498 HOHENSTEINS INC 20,238 JOHNSON BROTHERS LIQUOR CO 9,331 MARK VII 221 MASS BAR -MATE CORP Benefit payments Deferred Compensation Deferred Compensation State Taxes Withheld Benefit payments Benefit payments Recreation Supplies Licenses & Taxes Operating Supplies Cable TV Signs Conference Expense Dues & Subscriptions Conference Expense Gas Other Rentals Other Rentals Other Contracted Services Other Rentals Tuition Reimbursement/School Other Contracted Services Licenses &Taxes Other Rentals Tuition Reimbursement/School Licenses & Taxes Conference Expense Licenses & Taxes Dues & Subscriptions Deposits Special Event Fees Building Merchandise for Resale Postage Operating Supplies Equipment Repair & Maint Contributions Equipment Repair & Maint Mileage & Parking Other Contracted Services Misc Taxable Operating Supplies Program Fee Dues & Subscriptions Dues & Subscriptions Dues & Subscriptions Tuition Reimbursement/School Misc Non -Taxable Repair & Maint. Supplies Misc Non -Taxable Misc Non -Taxable Wine Imported Wine Domestic Beer Wine Imported Beer Wine Domestic Liquor Beer Wine Domestic Beer Misc Taxable Business Unit Health and Benefits General Fund General Fund Health and Benefits Health and Benefits Health and Benefits Pool Lessons Engineering Outdoor Center Ice Arena Park Maintenance Economic Development City Council Economic Development Outdoor Center General General Water Meter Reading Fire Fire Den Road Building Engineering General In Service Training Police Sewer Utility - General Sewer Utility - General Fire Escrow Special Events & Trips Capital Impr. / Maint. Fund Concessions General Fitness Center Fleet Services Park Acquisition & Development Park Maintenance Engineering City Manager Den Road Liquor Store Fitness Center Classes/Programs/Events Human Resources Den Road Liquor Store Police In Service Training Den Road Liquor Store Den Road Liquor Store Prairie Village Liquor Store Den Road Liquor Store Den Road Liquor Store Den Road Liquor Store Prairie Village Liquor Store Den Road Liquor Store Den Road Liquor Store Prairie Village Liquor Store Prairie Village Liquor Store Den Road Liquor Store Prairie Village Liquor Store Prairie Village Liquor Store Den Road Liquor Store Check # Amount Vendor / Explanation Account Description Business Unit 137536 331 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store 137537 81 MORAN USA, LLC Misc Taxable Den Road Liquor Store 137538 78 NEW FRANCE WINE COMPANY Wine Domestic Den Road Liquor Store 137539 90 PACIFIC DIRECT Misc Taxable Den Road Liquor Store 137540 3,949 PAUSTIS & SONS COMPANY Wine Domestic Prairie View Liquor Store 137541 16,777 PHILLIPS WINE AND SPIRITS INC Transportation Den Road Liquor Store 137542 3,199 PRIOR WINE COMPANY Wine Domestic Den Road Liquor Store 137544 11,550 QUALITY WINE & SPIRITS CO Wine Imported Prairie Village Liquor Store 137545 7,995 THORPE DISTRIBUTING Beer Prairie Village Liquor Store 137546 76 TRI COUNTY BEVERAGE & SUPPLY Beer Den Road Liquor Store 137547 913 WINE COMPANY, THE Wine Domestic Prairie Village Liquor Store 137548 1,243 WINE MERCHANTS INC Wine Domestic Prairie Village Liquor Store 137549 1,172 WORLD CLASS WINES INC Wine Domestic Prairie Village Liquor Store 137550 635 ADMINISTRATION RESOURCES CORP Other Contracted Services Finance 137551 111 CARLSON, RAY Awards City Manager 137552 300 CARVER COUNTY SHERIFF'S DEPT. Deposits Escrow 137553 156 CUB FOODS EDEN PRAIRIE Operating Supplies Pool Special Events 137554 125 DNR ENFORCEMENT FIREARMS SAFET Instructor Service Outdoor Center 137555 523 ENSTAD, TERRANCE Tuition Reimbursement/School In Service Training 137556 175 FELHABER, LARSON, FENLON & VOG Conference Expense Human Resources 137557 520 GOVERNMENT FINANCE OFFICERS AS Dues & Subscriptions Finance 137558 260 GRAY, ALAN Dues & Subscriptions Engineering 137559 15 HARDING, MARY Program Fee Outdoor Center 137560 988 HENNEPIN COUNTY TREASURER Operating Supplies Community Development 137561 3,154 HENNEPIN COUNTY TREASURER -TARP Other Contracted Services Assessing 137562 1,031 J H LARSON COMPANY Supplies - Electrical City Hall - CAM 137563 478 JEFFERSON FIRE & SAFETY INC Small Tools Fire 137564 240 LEAGUE OF MINNESOTA CITIES Conference Expense City Council 137565 60 LEMPESIS, BILL Mileage & Parking Prairie View Liquor Store 137566 26,045 LOGIS LOGIS Information Technology 137567 277 M LEE SMITH PUBLISHERS LLC Dues & Subscriptions Human Resources 137568 46 METRO FIRE Postage Fire 137569 74 MINN ST ADMIN ITG TELECOM SERV Computers Information Technology 137570 243 MINNESOTA PRINT MANAGEMENT LLC Operating Supplies Finance 137571 165 MRPA Conference Expense Parks Administration 137572 11,500 MUNICIPAL LEGISLATIVE COMMISSI Dues & Subscriptions City Council 137573 562 QWEST Telephone Sewer Liftstation 137574 382 REED CONSTRUCTION DATA Legal Notices Publishing Water Treatment Plant 137575 82 SIMON, ANDREA Employee Award Human Resources 137576 38 SMEDLEY, PAMELA Program Fee Special Events & Trips 137577 160 SOCIETY FOR HUMAN RESOURCE MAN Dues & Subscriptions Human Resources 137578 43,884 SOUTH METRO PUBLIC SAFETY TRAI Other Contracted Services Public Safety Training Facilit 137579 500 STEARNS COUNTY SHERIFF'S DEPAR Deposits Escrow 137580 374 U S BANK Paying Agent Improvement Bonds 1998A 137581 348 UNITED RENTALS HIGHWAY TECHNOL Conference Expense Water Utility - General 137582 762 WALLIN, DANIEL Clothing & Uniforms Inspections -Administration 137583 1,103 WATERNEEDS Deposits Escrow 137584 2,260 WATSON CO INC, THE Merchandise for Resale Concessions 137585 116 WU, LISA Other Contracted Services Trips 137586 144 XCEL ENERGY Electric Sewer Liftstation 137587 35 YOUNG, DAWN Lessons & Classes Ice Arena 137588 148 ANCHOR PAPER COMPANY Office Supplies General 137589 308 CENTERPOINT ENERGY Gas Utility Improvement Fund 137590 79 CORNER MARKING CO Operating Supplies Engineering 137591 61 DE LAGE LANDEN FINANCIAL SERVI Other Rentals General 137592 164 DUALE, KHADRA Video & Photo Supplies Housing, Trans, & Human Sery 137593 441 FIETEK, CHRIS Tuition Reimbursement/School In Service Training 137594 240 GE CAPITAL Other Rentals General 137595 68 HALLEN, LAURA - Lessons & Classes Ice Arena 137596 10 HENDRICKS, GAIL Program Fee Red Hat 137597 5,759 HENNEPIN SOUTH SERVICES COLLAB Other Contracted Services Housing, Trans, & Human Sery 137598 22 HEYMAN, JODI Program Fee Special Events & Trips 137599 3,185, LEAGUE MN CITIES INS TRUST Other Contracted Services Risk Management 137600 796 MEALS ON WHEELS Other Contracted Services Housing, Trans, & Human Sery 137601 780 MINNESOTA CHAPTER IAAI Conference Expense Fire Check # Amount Vendor / Explanation Account Description Business Unit 137602 137603 137604 137605 137606 137607 137608 137609 137610 137611 137612 137613 137614 137615 137616 137617 137618 137619 137620 137621 137622 137623 137624 137625 137626 137627 137628 137629 137630 137631 137632 137633 137634 137635 137636 137637 137638 137639 137640 137641 137642 137643 137644 137645 137646 137647 137648 137649 137650 137651 137652 137653 137654 137655 137656 137657 137658 137659 137660 137661 137662 137663 137664 137665 137666 120 MINNESOTA POLLUTION CONTROL AG 1,552 MRPA 255 PETTY CASH 56 PETTY CASH-EPCC 149 PRIORITY COURIER EXPERTS 20 QUICKSILVER EXPRESS COURIER 2,277 QWEST 108 RODRIGUEZ, MELISSA 54 SNAP -ON TOOLS 2,267 SOMALI COMMUNITY SERVICES INC 11 STAR TRIBUNE 735 UNIVERSITY OF MINNESOTA 100 ANDERSON, BRAD 9,217 CENTERPOINT ENEGY 591 CRETEX CONCRETE PRODUCTS NORTH 125 FEDEX 133 HENNEPIN COUNTY TREASURER 110 IMATION IMAX THEATRE 2,840 KMC TELECOM 57 KRAEMERS HARDWARE INC 450 MENARDS 17,346 METRO SALES INCORPORATED* 75 MINNESOTA LEGAL REGISTER 34 MINNESOTA STATE HORTICULTURAL 20 MN DEPT. OF LABOR AND INDUSTRY 32 OSI BATTERIES INC 167 QWEST 580 ROTTLAND CO, THE 847 THOMPSON, RANDY 295 WOODDALE BLDERS 30 ASPA MN CHAPTER 3,184 ASPEN WASTE SYSTEMS INC. 1,075 ATOM 2,750 AZTONKA INC 225 BCA/TRAINING & DEVELOPMENT 18 CASE, RON 67 CULLIGAN BOTTLED WATER 30 CULLIGAN-METRO 171 DMX/1vIINNEAPOLIS 207 EDEN PRAIRIE NOON ROTARY CLUB 125 ESBENSEN, GEORGE 75 FIRE FINDINGS 1,772 HCMC-EMS EDUCATION 156 HENNEPIN COUNTY PUBLIC RECORDS 2,973 HENNEPIN COUNTY TREASURER 1,400 HENNEPIN TECHNICAL COLLEGE 200 METRO FIRE OFFICERS ASSN 285 MINNESOTA SAFETY COUNCIL 195 MJOA 350 MPELRA 115 NATIONAL TRUST FOR HISTORIC PR 73 NORTHWEST RESPIRATORY SERVICE 362 OFFICE DEPOT CREDIT PLAN 1,284 PEPSI COLA COMPANY 240 PLEAA 65 RECYCLING ASSOCIATION OF MINNE 87 RIDGEVIEW MEDICAL CENTER 520 ROGERS, FREDERICK 99 SELNESS, RACHEL 1,700 SOUTH METRO PUBLIC SAFETY TRAI 113 STEWART-HESTER, RENEE 352 W E LAHR COMPANY 387 WEEDMAN, NICOLE 150 WILSON, JOHN D. 167 ACE ICE COMPANY Conference Expense Special Event Fees Other Contracted Services Mileage & Parking Equipment Repair & Maint Postage Telephone Lessons & Classes Small Tools Other Contracted Services Misc Non -Taxable Conference Expense Refunds Gas Repair & Maint. Supplies Equipment Repair & Maint Operating Supplies Special Event Fees Telephone Small Tools Repair & Maint. Supplies Other Hardware Dues & Subscriptions Dues & Subscriptions Licenses & Taxes Equipment Parts Telephone Deposits Tuition Reimbursement/School Deposits Conference Expense Waste Disposal Tuition Reimbursement/School Beer/Wine Licenses Tuition Reimbursement/School Travel Expense Operating Supplies Operating Supplies Other Contracted Services Dues & Subscriptions Operating Supplies Dues & Subscriptions Tuition Reimbursement/School Other Contracted Services Equipment Repair & Maint Tuition Reimbursement/School Dues & Subscriptions Conference Expense Tuition Reimbursement/School Conference Expense Dues & Subscriptions Safety Supplies Office Supplies Merchandise for Resale Dues & Subscriptions Dues & Subscriptions Other Contracted Services Other Contracted Services Investigation Travel Tuition Reimbursement/School Other Contracted Services Equipment Parts Mileage & Parking Clothing & Uniforms Misc Non -Taxable Storm Drainage Volleyball City Manager Community Center Admin Fleet Services Communication Services Miller Park Ice Arena Fleet Services Housing, Trans, & Human Sery Prairie View Liquor Store Engineering Environmental Education Fire Station #1 Sewer Liftstation Fleet Services Community Development Trips Telephone Water Treatment Plant Water Treatment Plant Fire Station #4 Assessing Park Maintenance Water Treatment Plant Fleet Services Prairie Village Liquor Store Escrow In Service Training Escrow City Manager Den Road Liquor Store Police General Fund Police City Council Fire Outdoor Center Den Road Liquor Store City Council Fire Fire Police Engineering Elections Fire Fire Risk Management Police Human Resources Heritage Preservation Fire Elections Concessions Police Recycle Rebate Risk Management Winter Theatre Police Police Recreation Administration Fleet Services Youth Programs Administration Police Den Road Liquor Store Check # Amount Vendor /Explanation Account Description Business Unit 1.37667 96 AMERIPRIDE LINEN & APPAREL SER Repair & Maint. Supplies Den Road Liquor Store 137668 97 ARCTIC GLACIER INC Misc Non -Taxable Prairie Village Liquor Store 137669 11,502 BELLBOY CORPORATION Liquor Den Road Liquor Store 137670 71 CAT & FIDDLE BEVERAGE Wine Domestic Den Road Liquor Store 137671 4,676 DAY DISTRIBUTING Beer Prairie Village Liquor Store 137672 7,790 EAGLE WINE COMPANY Wine Domestic Prairie View Liquor Store 137673 5,570 EAST SIDE BEVERAGE COMPANY Beer Den Road Liquor Store 137674 384 GETTMAN COMPANY Misc Taxable Den Road Liquor Store 137675 327 GRAND PERE WINES INC Wine Imported Prairie Village Liquor Store 137676 2,266 GRAPE BEGINNINGS Wine Domestic Den Road Liquor Store 137677 14,330 GRIGGS COOPER & CO Liquor Den Road Liquor Store 137679 40,434 JOHNSON BROTHERS LIQUOR CO Misc Taxable Den Road Liquor Store 137680 11,304 MARK VII Beer Den Road Liquor Store 137681 1,033 MIDWEST COCA COLA BOTTLING COM Misc Taxable Prairie Village Liquor Store 137682 743 NEW FRANCE WINE COMPANY Wine Domestic Prairie View Liquor Store 137683 4,194 PAUSTIS & SONS COMPANY Transportation Den Road Liquor Store 1.37684 43 PEPSI COLA COMPANY Misc Taxable Prairie Village Liquor Store 137686 20,155 PHILLIPS WINE AND SPIRITS INC Transportation Den Road Liquor Store 137687 600 PINNACLE DISTRIBUTING Misc Taxable Prairie View Liquor Store 137688 4,406 PRIOR WINE COMPANY Wine Domestic Prairie Village Liquor Store 137690 20,291 QUALITY WINE & SPIRITS CO Wine Imported Prairie Village Liquor Store 137691 250 SPECIALTY WINES AND BEVERAGES Liquor Den Road Liquor Store 137692 13,010 THORPE DISTRIBUTING Beer Den Road Liquor Store 137693 3,507 WINE COMPANY, THE Wine Imported Prairie Village Liquor Store 137694 3,669 WINE MERCHANTS INC Wine Domestic Den Road Liquor Store 137695 1,713 WORLD CLASS WINES INC Wine Domestic Den Road Liquor Store 137696 406 A TO Z RENTAL CENTER Supplies - General Bldg Ice Arena Maintenance 137697 15,855 ABM EQUIPMENT AND SUPPLY COMPA Equipment Repair & Maint Fleet Services 137698 802 ALTERNATIVE BUSINESS FURNITURE Contract Svcs - Snow Removal Den Bldg. - CAM 137699 23,666 AMERICAN LIBERTY CONSTRUCTION, Building Park Acquisition & Development 137700 363 AMERICAN WATER WORKS ASSOCIATI Training Supplies Water Utility - General 137701 368 ASPEN EQUIPMENT CO. Equipment Parts Fleet Services 137702 11,045 ASSOCIATION OF METROPOLITAN MU Dues & Subscriptions City Council 137703 13,827 AUDIOVISUAL INC Other Assets Communication Services 137704 175 AUTO ELECTRIC SPECIALISTS Equipment Parts Fleet Services 137705 3,474 AUTOMATIC SYSTEMS CO. Equipment Parts Water Treatment Plant 137706 649 BAYER PHOTOGRAPHY Other Contracted Services Communication Services 137707 2,922 BECKER ARENA PRODUCTS INC Building Capital Outlay 137708 2,335 BENIEK PROPERTY SERVICES INC. Contract Svcs - Snow Removal City Hall - CAM 137709 1,045 BENSHOOF & ASSOCIATES INC Design & Engineering Construction Fund 137710 405 BERENS, PAUL A. Other Contracted Services Ice Arena 137711 82 BERTELSON OFFICE PLUS Office Supplies Water Utility - General 137712 10,308 BLOOMINGTON SECURITY SOLUTIONS Building Repair & Maint. Ice Arena 137713 531 BOYER TRUCKS SO. ST. PAUL Equipment Parts Fleet Services 137714 299 BRIN NORTHWESTERN GLASS COMPAN Building Repair & Maint. Prairie Village Liquor Store 137715 334 BRYAN ROCK PRODUCTS INC Gravel Water System Maintenance 137716 84 CAGLEY, DAN J Other Contracted Services Basketball 137717 2,746 CALCIQUEST Chemicals Water Treatment Plant 137718 351 CAMPBELL KNUTSON, P.A. Legal WAFTA 137719 3,461 CARGILL SALT Salt Snow & Ice Control 137720 95 CARLSON JPM STORE FIXTURES Operating Supplies Police 137721 543 CDW GOVERNMENT INC. Operating Supplies Recreation Administration 137722 3,187 CLAREYS INC Tuition Reimbursement/School Fire 137723 130 CLOSED CIRCUIT SPECIALISTS INC Other Contracted Services Water Treatment Plant 137724 1,891 CORPORATE EXPRESS Office Supplies Police 137725 316 CUMMINS NPOWER LLC Equipment Parts Fleet Services 137726 3,462 CUTLER-MAGNER COMPANY Chemicals Water Treatment Plant 137727 1,101 CY'S UNIFORMS Clothing & Uniforms Reserves 137728 228 DAKOTA PLUMBING & HEATING Contract Svcs - Plumbing Public Works/Parks 137729 5,732 DELANO ERICKSON ARCHITECTS Building Park Acquisition & Development 137730 13,567 DELL Other Hardware Information Technology 137731 138 DEM CON LANDFILL LLC Waste Disposal Park Maintenance 137732 39,300 DIVERSE BUILDING MAINTENANCE Janitor Service City Hall - CAM 137733 119 DNR SCREEN PRINTING INC Awards Volleyball 137734 9,843 DRT TRANSPORT Other Contracted Services Lime Sludge Check # Amount Vendor / Explanation Account Description Business Unit 137735 655 DYNA SYSTEMS Repair & Maint. Supplies Water Treatment Plant 137736 139 EDEN PRAIRIE WINLECTRIC Repair & Maint. Supplies Park Maintenance 137737 2,105 EF JOHNSON Operating Supplies Wireless Communication 137738 11,330 EGAN OIL COMPANY Lubricants & Additives Fleet Services 137739 6 EMERGENCY AUTOMOTIVE TECHNOLOG Equipment Repair & Maint Fleet Services 137740 100 ERICKSEN, LIZ Other Contracted Services Basketball 137741 6,009 ESCHELON TELECOM INC Miscellaneous Information Technology 137742 3,039 ESRI Other Contracted Services Water Treatment Plant 137743 107 FACTORY MOTOR PARTS COMPANY Equipment Parts Fleet Services 137744 355 FERRELLGAS Motor Fuels Ice Arena 137745 3,150 FORE MECHANICAL, INC Contract Svcs - HVAC Public Works/Parks 137746 29 G & K SERVICES Clothing & Uniforms Street Maintenance 137747 1,105 G & K SERVICES-MPLS INDUSTRIAL Cleaning Supplies Water Treatment Plant 137748 66 GALLES CORPORATION Equipment Parts Water Treatment Plant 137749 281 GENERAL SAFETY EQUIPMENT COMPA Equipment Parts Fleet Services 137750 190 GINA MARIAS INC Operating Supplies Fire 137751 1,180 GME CONSULTANTS INC Design & Engineering Utility Improvement Fund - 137752 1,104 GRAINGER Repair & Maint. Supplies Park Shelters 137753 93 GS DIRECT Operating Supplies Engineering 137754 68 HAMMERLUND MFG CO INC Equipment Parts Fleet Services 137755 1,637 HANSEN THORP PELLINEN OLSON Design & Engineering Construction Fund 137756 217 HARMON AUTOGLASS Equipment Repair & Maint Fleet Services 137757 12,581 HARTLAND FUEL PRODUCTS LLC Motor Fuels Fleet Services 137758 2,294 HAWKINS WATER TREATMENT Chemicals Water Treatment Plant 137759 705 HSBC BUSINESS SOLUTIONS Small Tools Fleet Services 137760 116 HUEBSCH CH Robinson - Contr. Svcs City Ctr - Tenant Direct Costs 137761 1,396 HYDRO -VAC INC Other Contracted Services Sewer System Maintenance 137762 325 ` ICE SKATING INSTITUTE Licenses & Taxes Ice Arena 137763 278 ICI DULUX PAINT CTRS Repair & Maint. Supplies Water Treatment Plant 137764 6,810 IND SCHOOL DIST 272 Gym Rental Basketball 137765 935 INFRATECH Other Contracted Services Sewer System Maintenance 137766 146 INNOVATIVE GRAPHICS Operating Supplies General Facilities 137767 35 INSIGHT PUBLIC SECTOR Other Hardware Information Technology 137768 220 INTEREUM INC Contract Svcs - Gen. Bldg City Center Operations 137769 1,531 JANEX INC Cleaning Supplies Community Center Maintenance 137770 482 JEFFERSON FIRE & SAFETY INC Protective Clothing Fire 137771 1,215_ JM OIL CO Lubricants & Additives Water Treatment Plant 137772 573 JOHN HENRY FOSTER MINNESOTA IN Other Contracted Services Water Treatment Plant 137773 6,567 KILLMER ELECTRIC CO INC Improvement Contracts Improvement Projects 1996 137774 118 KLOECKNER LINDA Operating Supplies Prairie Village Liquor Store 137775 182 LANDS END CORPORATE SALES Clothing & Uniforms Police 137776 525 LAW BULLETIN PUBLISHING CO Other Contracted Services Economic Development 1.37777 6,132 LBP MECHANICAL INC Contract Svcs - Plumbing City Hall - CAM - 137778 597 LIONS TAP Operating Supplies Fire 137779 350 MARTIN-MCALLISTER Employment Support Test Human Resources 137780 192 MAXI -PRINT INC Printing Police 137782 1,524 MENARDS Operating Supplies Park Maintenance 137783 123 METRO BRUSH & SUPPLY Equipment Parts Fleet Services 137784 600 METROPOLITAN AIRPORTS COMMISSI Other Rentals Flying Cloud Fields 137785 71 METROPOLITAN FORD Equipment Repair & Maint Fleet Services 137786 841 MG INDUSTRIES Chemicals Water Treatment Plant 137787 175 MINT CONDITION DETAILING INC Equipment Repair & Maint Fleet Services 137788 79 MOTOROLA Equipment Repair & Maint Wireless Communication 137789 105 MUNICIPAL EMERGENCY SERVICES Protective Clothing Fire 137790 430 NATIONAL SAFETY COUNCIL Training Supplies Fire 137791 70 NORTHERN POWER PRODUCTS INC Equipment Parts Fleet Services 137792 5,305 NORTHERN SAFETY TECHNOLOGY INC Capital Under $2,000 Fleet Services 137793 200 PETERSON ENVIRONMENTAL CONSULT Other Contracted Services Storm Drainage 137794 43 PETSMART Canine Supplies Police 137795 168 PHILLIPS, KEVIN JOHN Other Contracted Services Basketball 137796 238 POKORNY COMPANY Supplies - Plumbing Park Shelters 137797 20 POWERPLAN OIB Equipment Parts Fleet Services 137798 14,116 PRAIRIE ELECTRIC COMPANY Equipment Repair & Maint Concessions 137799 405 RAPID WIRELESS Equipment Parts Wireless Communication 137800 656 REBS MARKETING Other Contracted Services Water Accounting Check # Amount Vendor / Explanation Account Description Business Unit 137801 373 RETROFIT RECYCLING INC Waste Disposal City Hall - CAM 137802 1,413 RICMAR INDUSTRIES Chemicals Park Maintenance 137803 17,946 RMR SYSTEMS INC Other Contracted Services Utility Improvement Fund 137804 220 RUFFRIDGE JOHNSON EQUIPMENT CO Equipment Parts Fleet Services 137805 594 SAVOIE SUPPLY CO INC Cleaning Supplies Water Treatment Plant 137806 72 SHRED -IT Waste Disposal City Center Operations 137807 146 SIGHTLINE DISPLAYS, LLC Equipment Repair & Maint Ice Arena 137808 138 SJF Building Materials Park Maintenance 137809 336 SMITH, SUZETTE JO Other Contracted Services Volleyball 137810 121 SNAP -ON TOOLS Small Tools Fleet Services 137811 5,558 SOFTWARE HOUSE INTERNATIONAL I Computers Information Technology 137812 2,706 SOUTHWEST SUBURBAN CABLE COMMI Dues & Subscriptions City Council 137813 2,881 SRF CONSULTING GROUP INC Design & Engineering Construction Fund 137814 475 STAR TRIBUNE Employment Advertising Human Resources 137815 175 STEMPF AUTOMOTIVE INDUSTRIES I Equipment Parts Fleet Services 137816 4,318 STREICHERS Equipment Parts Fleet Services 137817 22 SUBURBAN CHEVROLET Equipment Parts Fleet Services 137818 399 SUBURBAN TIRE WHOLESALE INC Tires Fleet Services 137819 522 SUN NEWSPAPERS Legal Notices Publishing City Clerk 137820 145 SWEDLUNDS Waste Disposal Outdoor Center 137821 91 TESSCO Operating Supplies Wireless Communication 137822 38 TOM'S WINDOW CLEANING Window Cleaning Den Bldg. - Direct 137823 250 TRESIDDER JEFF Operating Supplies Fire 137824 17 TRUCK UTILITIES MFG CO Equipment Parts Fleet Services 137825 164 TWIN CITY FILTER SERVICE INC Repair & Maint. Supplies Water Treatment Plant 137826 809 UNIFORMS UNLIMITED Clothing & Uniforms Police 137827 652 UNLIMITED SUPPLIES INC Operating Supplies Traffic Signs 137828 630 URS CORPORATION Other Contracted Services Housing, Trans, & Human Sery 137829 3,671 VWR INTERNATIONAL INC Repair & Maint. Supplies Water System Maintenance 137830 1,980 WACO SCAFFOLDING & EQUIPMENT Capital Under $2,000 Water Treatment Plant 137831 89 WACONIA FARM SUPPLY Equipment Repair & Maint Park Maintenance 137832 30,320 WALL TRENDS INC Contract Svcs - General Bldg Senior Center 137833 2,878 WATSON CO INC, THE Merchandise for Resale Concessions 137834 42 WAYTEK INC Equipment Parts Fleet Services 137835 376 WESTSIDE EQUIPMENT Equipment Repair & Maint Fleet Services 137836 6,516 WHEELER HARDWARE COMPANY Building Repair & Maint. Ice Arena 137837 305 WICHTERMAN'S LTD Equipment Repair & Maint Fleet Services 137838 15 WIGLEY, GRIFFIN J. Software Information Technology 137839 1,298 WM MUELLER AND SONS INC Sand Snow & Ice Control 137840 234 XCEL ENERGY Electric Den Road Liquor Store 137841 6,174 YALE MECHANICAL INC Equipment Repair & Maint Water Well #6 137842 57 ZEE MEDICAL SERVICE Safety Supplies Community Center Admin 137843 589 ZIEGLER INC Equipment Repair & Maint Water Treatment Plant 1,202,136 Grand Total CITY COUNCIL AGENDA DATE: SECTION: Petitions and Requests January 18, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XI. A. Robert A. Lambert, Director Baseball Association Request Parks & Recreation Requested Action Move to: Authorize preparation of plans and specifications and to take bids for construction of a grand stand that would include restrooms, concessions, storage facility, covered seating and an enclosed announcer's booth for the baseball field at Miller Park. Synopsis The Eden Prairie Baseball Association has renewed its request to donate $250,000 toward the construction of a baseball stadium at Miller Park. The first phase of this baseball stadium would cost approximately $850,000. Future phases would also be constructed through partnership improvement projects between the City and the Baseball Association, similar to how the Baseball Association is assisting in the funding of improvement of baseball fields throughout the community. This proposal would require funding from the park fund of $600,000. The Parks, Recreation and Natural Resources Commission recommended approval on a vote of eight in favor and one member abstaining. Rob Barrett questioned whether or not the City should delay this to a referendum. Background The Eden Prairie Baseball Association has contributed more money toward park improvements than any other athletic association and continues to be a strong proponent of users paying a significant portion of park improvements. The Baseball Stadium has been a part of the plan for Miller Park since its inception; however, no concept designs or cost estimates were developed prior to 2003, when the Baseball Association contracted with Dell Erickson to draft concept plans for completing "Eagle Field". The estimated cost for the complete improvements for the baseball field including completing the stadium, the plaza and entry to the stadium including ticket booths, improved dugouts, bullpens, etc. is $1,227,000. The goal of the Baseball Association is to work with the City of Eden Prairie to ultimately develop that type of complex and create a baseball field with the same type of character and ambiance that is prevalent in many of the small, older communities throughout Minnesota. This facility would be one of the premier baseball facilities in Minnesota once it is completed and provide Eden Prairie with a baseball field that players from the Babe Ruth level to the Senior Men's teams would appreciate, and a facility that all residents who enjoy watching good baseball would use. Miller Park is well on its way to becoming one of the premier athletic field complexes in the State of Minnesota. Even while the girls' softball building is under construction, the State High School Baseball Association Request January 18, 2005 Page 2 League is inquiring as to the feasibility of moving the State Tournament from Mankato to Miller Park. The youth baseball fields are served by the baseball building which was completed two years with forty -percent of the funding coming from the Baseball Association. The Twin City Curling Club is continuing to seek funds to support the development of a world -class curling facility serving the western suburbs in the wooded area on the east side of the lake. A curling facility if completed would be operated by the Twin City Curling Club and would be Eden Prairie's largest public picnic shelter during the summer months. The hockey rink and free skating rink has a warming facility that accommodates a recreation program during the summer months, and there are utility connections to the site that will eventually provide restrooms, storage facilities and concessions for the soccer/football field complex. The Baseball Stadium is a key component in this complex and the City has an opportunity to take advantage of the most generous offer of a donation toward the park system ever received by the City of Eden Prairie. Recommendation City staff recommend proceeding with the development of plans and specifications for this project contingent upon the donation from the Baseball Association. Attachments: Revised Cost Estimate from Delano Erickson Architects Baseball Stadium Concept Designs a DELANO ERICKSON ARCHITECTS �� CJLJ�JLI December 28, 2004 LJ 10700 HIGHWAY 55, SUITE 308 744 PLYMOUTH, MN 55441 `*1 {763� 544-8370 Mr. Robert Lambert Director, Parks & Recreation City of Eden Prairie 8080 Mitchell Road Eden Prairie, Minnesota 55344 Re: Eagle Field Baseball Stadium Update Commission No. 0422 Dear Bob: Per your request, we have reanalyzed the Eagle Field Baseball Stadium design and cost estimate. At our meeting in June of 2004 with you and the baseball association, we presented a down scaled 300 seat stadium for an estimated cost of $695,000. It was deemed that the stadium should have a minimum of 600 seats which added approximately $250,000 for 627 seats bringing the total to 950,000. We have since modified the design, simplifying and providing 600 seats under cover with the following cost estimate. Phase 1- Stadium Division I General Conditions $ 84,000 2 Site 40,000 3 Concrete 106,000 4 Masonry 101,000 5 Steel/Bleachers 85,500 6 Wood/Carpentry 106,500 7 Weather Protection 36,500 8 Doors/Windows 18,000 9 Finishes 29,000 10 Specialties 40,500 11 Equipment (NIC) 0 15 Mechanical 40,000 16 Electrical 27,000. Total Construction Cost $ 714,000 A/E Fees and Expenses 64,000 Contingency 10% 71,500 Total Phase I Project Cost Estimate $849,500 The above estimate does not include food service equipment or backstop netting. Deduct alternates to consider: Omit seat backs - $ 16,500 Omit seat benches - 14,500 Omit one wing (128 seats) - 120,000 Omit painting 15,000 A R C H I T E C T U R E / E N V I R 0 N M E N T A L 0-U A L I T Y 0 F L I F E Mr. Robert Lambert December 28, 2004 Page 2 Phase II - Du�zouts and Fencing This estimate includes complete concrete and masonry dugouts with stairs and bleacher sections for 400 additional seats, plus pitching bullpen and batting cages and solid outfield fence. Total Construction Cost $ 144,000 A/E Fees / Costs I Contingency 26.000 Total Phase II Cost Estimate $ 170,000 Phase III - Plaza and Gatehouses This estimate includes concrete plaza, wrought iron fence, masonry gatehouses and piers and additional chain link fence to secure public access to stadium as well as seating berm and landscaping. Total Construction Cost $ 176,000 A/E Fees / Costs / Contingency 31,000 Total Phase III Cost Estimate $ 207,000 Some of the above budget numbers are based on estimates we prepared a year ago, and should be reanalyzed if phase II or III wish to be included at this time. Please contact me with any questions. Sincerely, DELANO ERICKSON ARCHITECTS Del Erick n, ATA DE/tlt P.S. Enclosed herewith is the cost estimate worksheets. EAGLE FIELD STADIUM CITY OF EDEN PRAIRIE DELANO ERICKSON ARCHITECTS � LOWER LEVY R� ,�1+ r = .O \ ROSE 1 I It 0 0 e UPPER LEVEL PLAN SCALL We'- I-C ��;;���u�i�i��ii�if���� �ti%Il��nal►:i���i�iiiii�iiiiiiiiiili ��%// I r ;SID OVER DUGOUT = 200 CITY COUNCIL AGENDA DATE: SECTION: Petitions and Requests January 18, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XI. B. Robert A. Lambert, Director Eden Prairie Hockey Association Parks & Recreation Proposal Requested Action Move to: Authorize staff to obtain quotes for planning services to provide concept plans for developing a winter recreation area in a community park that would include refrigerated outdoor ice and serve other winter outdoor recreation activities. Synopsis The Eden Prairie Hockey Association would like to see two outdoor refrigerated hockey rinks incorporated with an outdoor recreation area that may include a large outdoor free skating rink with music, a concession stand that would serve these users and include an outdoor plaza where people might enjoy hot chocolate, snacks, etc. while watching skaters and listening to music. The concept would hopefully also be able to serve other winter recreation facilities and would become a focal point in the community during the winter months. Background Staff believe that Round Lake Park and Staring Lake Park offer the best opportunities for considering this concept. Outdoor refrigerated ice could be maintained relatively efficiently from the third week in October until the end of March, or approximately five months out of the year. Most other winter activities, such as cross-country skiing, sledding, etc. require snow and are therefore subject to weather conditions; however, this is Minnesota and it does make sense to consider developing a recreation area that would be utilized four to five months of the year, and hopefully would generate sufficient amount of revenue to cover operating costs. Staff would recommend the City Council support obtaining quotes for planning fees to evaluate concepts and determine the feasibility of this proposal. Staff would bring a recommendation for a consultant along with costs for this project to the February 15 meeting. Attachment: December 29 letter from John Schmelzle Wednesday, December 29, 2004 Mr. Robert Lambert Director, Parks and Recreation City of Eden Prairie 8080 Mitchell Road Eden Prairie, Mn. 55344 Dear Bob, As you know, we have been pursuing numerous alternatives for additional ice for a number of years. We now believe we have come up with a concept that will have a very positive impact on Eden Prairie in general., while fiilfilling the requirement for additional ice for the Eden Prairie Hockey Association (EPHA). We would like to present this concept to the Parks and Recreation Department in you meeting scheduled for Monday, January 3, 2005. Basically, we would like the city to evaluate through initial design an outdoor gathering and event park space which would include two outdoor refrigerated hockey inks, a large recreational — - skating area, as well as features and amenities that would create a unique " sense of place" for the entire community. We look forward to presenting and discussing this concept with you next Monday. Please let us know if you have any questions, or need any additional information prior to the meeting. Sincerely, IS44 John Schmelzle President Eden Prairie Hockey Association CITY COUNCIL AGENDA DATE: SECTION: Petitions and Requests January 18, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XI. C. Robert A. Lambert, Director Farmer's Market Proposal Parks & Recreation Requested Action Move to: Approve the proposal for a Farmer's Market at the Purgatory Creek Recreation Area from May 14 until October 29, 2005; limiting the market to Saturdays from 7:00 a.m. to 12:00 p.m. Synopsis Attached to this memorandum is the proposal from Patti Lloyd and Vickie VanDriessche to operate a "Community MarketPlace" or Farmer's Market at the Purgatory Creek Recreation Area from May to October 2005. There request is for operating on Thursdays from 3:00 p.m. until 8:00 p.m. and Saturdays from 7:00 a.m. to 12:00 p.m. The farmer's market would be limited to using hard surface areas within the Purgatory Creek Recreation Area. The City would close off the parking lot and allow vendors to rent spaces within the parking area for their booths, two parking spaces per booth. Therefore this market would rely on off -site parking for all customers. Off -site parking would include use of the Flagship Business Center parking lot and the Southwest Metro parking garage. Flagship Business Center has some available parking at this time because they are only 85% occupied. On Wednesdays, the Southwest Metro parking garage has approximately 100 spaces left on the top floor of the garage at 4:00 p.m., but would have up to about 600 spaces by 7:00 p.m. The Parks, Recreation and Natural Resources Commission recommended approval of the Saturday only market for the first year on an 8-1 vote. Background City staff believe the use of the Purgatory Creek Recreation Area for a farmer's market is an appropriate use and will encourage people from beyond Eden Prairie to visit this site. Staff would be more comfortable starting this market with a Saturday morning only program to determine how much parking requirements would be generated by this event. Zoning of the Purgatory Creek Recreation Area currently is rural, which does not accommodate this type of use; however, it is a city park which can accommodate special events of this sort. Staff would recommend rezoning this site to public and developing language in the city ordinance under the public zone that would accommodate this type of use. Also attached in your packet is a letter from Dale Bachman, owner of the Bachman store east of this site. Mr. Bachman opposes any seasonal MarketPlace on this public land. Owners of property within 1,000 feet of this proposed MarketPlace have been notified of this meeting and may request to comment on this proposal at this meeting. Mr. Bachman is the only property owner who attended the Farmer's Market Proposal January 18, 2005 Page 2 Parks, Recreation and Natural Resources Commission meeting. He continues to oppose this proposal. Attachments: Eden Prairie Community MarketPlace Proposal Letters from Residents December 13, 2004 letter from Dale Bachman Letter to Property Owners 1,000 feet from PCRA Parking Concerns E-mail from Tom Bierman to Bob Lambert Letter from Bob Lambert to Tom Bierman 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 1012005 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 % hour until close. Breakdown will remain the same. Saturdays, 7:00 am. —12:00 p.m. 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: Coiporate 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. i 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 ofMinnesota Ruth White MDA-AMS 651-297-5794 Ruth.whitg2state.mn.us Ruth can give you an overview of our meetings and information on farmers markets across the country. Additional Parldng: Flagship Business Center Owner: Magnum Resources Omaha, NB Management Company: Opus Northwest Contact: Jim Montalbano Jim.montalbanona opusnw.com 952-656-4698 Jun 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 ply. 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) &. Cambridge 9. Shoreview 10. Hutchinson 11. Granite Falls 12. Glencoe 13. Gaylord 14. Lake City 15. Virginia - 16. St. Joseph 17. Slayton 12/17/04 Dear Bob, Thank you for your letter of 12/16 expressing support for the Eden Prairie Community if MarketPlace. Like you, we believe it will be a "successful event and an appreciated service in our community". We are sure proposals brought by private citizens before the City staff are reviewed to insure all concerns are addressed with fair deliberation and fact. We expect to be held to the same standard. With this in mind, we are asking for the support of the City for a proposed Thursday and Saturday event at the Purgatory Creek Recreation Area ! We note your letter indicates that the City can allow special events in the park. We expect that this event will fall under this provision and that the City Attorney will undertake the proper zoning required to address any long term rezoning requirements and ordinances for allowable uses; none of which will cause this event to fail to be scheduled and enjoyed by the community. Please advise if this is accurate. In regards to the concerns you expressed with parking, we believe we have gathered the ! necessary assurances from the Flagship Business Center and SW Metro to accommodate the volume of community visitors arriving by bus or car. This area has the advantage of offering a number of different alternative routes to commuters in nearby businesses that want to avoid any inconvenience. The new Purgatory Creek Recreation Area was selected as a desired location for the Eden Prairie MarketPlace because of its ample parking and convenient access to the community via car or bus. Please help me understand the traffic study or parking requirements data you are referencing so I have a better understanding of what challenges you anticipate. As you know, Vickie and I have briefed Dale Bachman on our plans for the Eden Prairie Community MarketPlace. During that meeting we expressed our interest in engaging his family -owned business that began as a truck farm by Henry Bachman. Today, Bachman's offers the finest floral and garden products through six floral and garden centers, 20.floral stores throughout the Twin Cities, 14 retail floral stores, indoor and outdoor landscaping divisions, a nursery wholesale division, 8 acres of greenhouses, and a 629 acre growing range near Lakeville. Bachman lore indicates that concern for the quality of their product and customer satisfaction was always a primary concern and that Henry would ship squash by railroad car to the East Coast and ride along with the crop to be sure it didn't freeze. We expect no less access to Market for our vendor partners and are surprised that Dale Bachman would be seeking to deny the request of a truck farm supported community event to the citizens of Eden Prairie. The proposal of a Thursday and Saturday event was specifically designed to support the unique needs of the citizens of Eden Prairie. The Thursday event offers the community an - opportunity to showcase the new Purgatory Creek Recreation Area to after work residents and commuters using the SW Bus Terminal. This afternoon "sampling" of the Eden Prairie MarketPlace would be essential to the promotion of the Saturday morning events as well and serve the needs of different citizens with different. schedules while insuring an appreciated service in our community. Thursday allows us to the largest possible attendance of either of the days and the least competitive with other markets. Page 1 Bob, we would like to proceed with our proposed Eden Prairie MarketPlace and provide to you the necessary information to insure its success. Please reference our proposal from 12/07/04, Eden Prairie Community MarketPlace, for specifics related to your request for detailed information and advise what other information we need to provide and the format required to provide it so we can meet the 12/21/04 deadline. As you know, we have invested _ a great deal of time and energy researching successful farmer's markets in the surrounding communities and statewide. Like Eden Prairie, these communities made the right decisions to serve their citizens. We trust you will too: Thank you for your consideration, Patti Lloyd 612.867.6635 Vickie VanDriessche i i 21 December `04 C i City of Eden Prairie L Mayor Nancy Tyra -Lukens 8080 Mitchell Road Eden Prairie MN 55344 Dear Mayor Tyra -Lukens: I am thrilled to see that Eden Prairie will finally have a Farmer's style Market!!! I have lived in Eden Prairie for over 13 years and have gone to markets all over the city and know that this will be a huge gift to the residents as well as the businesses in EP! When we encourage people to buy their produce here, they will also shop the EP Mall and all of the other merchants in our area. I am disturbed however, to hear that you are thinking of doing this on Saturday only. Saturday may be a good day to come to the "market," but in all of my years of shopping, I strongly believe that one must capture the people on their way from work. Thursday is the day that Nicollet Mall has their farmer's market and it is hugely successful. Saturday will be a fun family day, in between baseball, soccer, boating, and all of the numerous schedules we have. That's the point ---families are extremely busy and have many different events - pulling them on weekends. Thursdays is the perfect answer to a "shopping experience" when passing _ through town, or getting off of the bus. Two days is ideal, and I would recommend having the market on 2 days, not just 1 !! I look forward to shopping this spring! ' Best Regards, Jan Thursday, December 23, 2004 RE, Eden Prairie Community MarketPlace Proposal To all Eden Prairie Council Members: I am writing to you in support of the proposed addition of the "Eden Prairie Community MarketPlace" (proposed by Vickie Vanbriessche & Patti Lloyd) here in Eden Prairie at the new Purgatory Creek Park, and for it to be held both on Thursdays and Saturdays. Not only do I live in the community, I also work here (for over 10 years now). To pass this great idea proposed for next spring would bring additional people and business to Eden Prairie. _Not only would customers buy at the MarketPlace, but while in town, they would take the time to purchase from other businesses (8achmans, WalMart, Eden Prairie Mall establishments, all restaurants, gas stations, etc.). Also, with the large amount of residents (approximately 1,500 people) taking the bus to and from South West Metro, holding this on Thursdays would give them the best opportunity to purchase product from the MarketPlace before they went home. Then they would not have to return on Saturdays (and would save time and wear & tear on their vehicles). Remember... Quite a few residents in Eden Prairie (including my family) head out of town on the weekends to visit relatives/friends, go to their lake homes, etc. If the MarketPlace was only held on Saturdays, then I could see quite a few people in the community not getting the opportunity. to participate if the City decided to only allow the MarketPlace to be held on Saturdays. Again, I propose that the City not only pass this event to be held on Saturdays, but also on Thursdays. Thank you for reading. Sincerely,' Sue Preston 18877 Nature Lane Eden Prairie, MN 55346 suep@braasco. com December 13, 2004 The Honorable Nancy Tyra -Lukens Mayor City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Dear Mayor Tyra -Lukens: On December 2, 2004, 1 met with Patti Lloyd and Vickie Van Driessche regarding their plans to manage and operate a seasonal Marketplace, beginning spring, 2005, at the Purgatory Creek Public Park. Since I first met with Barry Warner from BRF Consulting Group on April 9, 2001, 1 have expressed Bachman's concerns about the City hosting Farmers Market events at the Purgatory Creek Public Park. - When Bachman's developed our Floral Home and Garden Center, near the park site, we had to comply with a number of items set forth by the City in the Developer's Agreement. One item had to do with Outdoor Sales and Display. It basically defined the acceptable outdoor sales area as space inside fenced, screened, and landscaped boundaries. We were precluded from selling or displaying from sidewalk and parking areas on our property based on the City criteria. The Farmers Markets that I'm familiar with display and sell similar products that Bachman's sells, such as annual bedding plants, hanging baskets, perennials, etc. It doesn't seem reasonable or fair that.the City would allow the display and sale of such product on City -owned parkland and precludes Bachman's from doing so on its own land. We are not asking to alter our agreement with the City. We are simply asking that the City not enter into an arrangement to offer similar products for sale, in an outdoor sales environment, on public land, in competition with Bachman's or other merchants doing business in the City. Our business is very seasonal. Nearly 50% of our entire year's garden category sales are done in a six -week period in the spring. We have made a commitment to and significant investment in our Eden Prairie location to be there year-round with exciting products for the home and garden. As a family business and an independent retailer, we are experiencing significant competition from the national retailers that surround us in Eden Prairie. In making the above request we are not trying to keep the little guy out, we are trying to keep the little guy, like Bachman's, in the City of Eden Prairie. We are familiar with the impact of Farmers Markets. For a number of years, we operated a year- round floral shop at Dayton's (now Marshall Field's) in downtown Minneapolis. The every -Thursday markets on the Nicollet Mall during the growing season took their toll on customer traffic inside the store. We tried to market on the Mall. on Thursdays but found that the increased costs of operating in two locations were greater than the additional sales. We also had people who would buy on the Mall from the temporary vendors but would come to Bachman's to return unsatisfactory product between market events. For a number of reasons we eventually had to close this location. BACHMAN'S SINCE 1885 • 6010 LYNDALE AVENUE SOUTH, MINNEAPOLIS, MN 55419-2289 i The Honorable Nancy Tyra -Lukens December 13, 2004 Page 2 L I have had several conversations with Sever Peterson about these matters. He said that he has been in contact with the other grower retailers in Eden Prairie and that they are not in favor of the Community Marketplace concept for the public park. would very much appreciate an opportunity to meet with you to discuss this matter further; I will contact you within the next few days to schedule a time that is convenient. We would prefer to see the park used for wonderful community events and not for commerce. Thank you for your service to the community and for giving this matter consideration. Sincerely, Dale L. Bachman President DLB:cad cc: Council Members Scott Neal Bob Lambert _ David Lindahl Enclosures: Selected pages from Developer's Agreement 10. OVn()O R S.&LES AND DISPL.A Y. Developer acknowledges .the foliouing *perating rquirementswith rest to .the Cwdoor Sales wd Display usc on ft Fmpertye: A. All hulk but not limited W. rCrrt'I;=r, d sand, rock, ;mulch, >i IMad ties, landsppe tirabeis, "ks, patio blocks, scud, coatPost, Fencing, hay. WAw, :Mures unpacked bulk items, amd any other sa* ch items are designa.W To.be tDcamd ad stored in t'ha Pabst misplay arm, as depicted in Exhibit R, awhed here w, and at no fim sMl such bulk storage ]tuts be stored in any other tom iom an the Property. Also. at net time shall such bulk storage be s td so as to be visible abafft tho scram l.airomd ttse outdoor s2lGs and: display tea.. B, No sidewalk displays of matehals, goods,, s lies, equipmecet, or any either it,mm for salo shall be allowed. C. All vul at_ salts mod display shall re.mtia in ttte area de iSnated for Outdoot Sales and Display aal +depidi d in l hibit B, attached hereto). D. All shagging. its shall either be stored vthin f 7,�ttildieg or in the a designated for Out6or Sage and Vuplay as depicted in Exhibit B, attacbed heret,a. Developer age to such opmfin requirements as part of the overall. Pl nned.Unit Development, .® approval rGr :the. Property. �_ • a HT�LpiRiR Ate � i•,\4 \� ROSES /'/`��,,���� :;•- '�� . iN±A1 At W/ F40t ! •i _4 srf rn...Iw ri If«-� 4+ . Po,am, 2Tu City of Eden Prairie 8080 Mitchell Road • Eden Prairie, MN 55344-4485 • edenprairie.org • 952-949-8300.7DD 952-949-8399 December 20, 2004 RE: Farmer's Market Proposal NOTICE On January 3, 2005 at 7:00 p.m. in the Eden Prairie City Center at 8080 Mitchell Road, the Eden Prairie Parks, Recreation and Natural Resources Commission will review a proposal for a Farmer's Market to be held at the Purgatory Creek Recreation Area from May 14 until October 29, 2005. The proposal is to operate a "Community MarketPla&' or Farmer's Market on Thursday's from 3:00 p-m. until 8:00 p.m. and Saturday's from 7:00 a.m. until 12 noon. The Farmer's Market would be limited to using hard surface areas within, the Purgatory Creek Recreation Area. The parking lot would be closed off and used for vendors booths, therefore this market would rely on off -site parking for all customers. Off -site parking would rely on the SouthWest Metro parking garage on Thursdays and with use of the Flagship Business Center parking lot and the SouthWest Metro parking garage on Saturdays. . The Parks, Recreation and Natural Resources Commission will review this proposal at their January 3 meeting and make a recommendation to the City Council, who will make the final decision at their January 18, 2005 meeting, which is also held at the Eden Prairie City Center at 7:00 p.m. in the Council Chambers. As a property owner within 1,000 feet of this site you are invited to attend both meetings to provide input to both the Parks, Recreation and Natural Resources Commission members and the City Council. If you have any specific questions regarding this proposal, please feel free to contact David Lindahl, Economic Development Coordinator at 952-949-8484 or Bob Lambert, Director of Parks and Recreation at 952-949-8440. PARKING CONCERNS FARMERS MARKET. Where is parking available? Two parking locations have been identified by Eden Prairie Community Market Place proponents. One is the Flagship Corporate Center. The other location is Southwest Station. Flagship Corporate Center has 587 parking spaces (21 enclosed) which meets the minimum requirements for the 148,600 square foot office building. Southwest Station currently has 100 parking stalls available until 6PM on the top level of the deck and a total of 792 available after 6PM. Since no parking spaces will be available on the park property visitors are going to look for the easiest to find and most conveniently located parking. This would suggest the Flagship Corporate Center parking lot. The parking lot is on the south end of the park site and visitors can use the sidewalk on Prairie Center Drive or walk across the lawn area of the park to get to the market in the parks parking lot. Parking at Southwest Station is 750 feet away from proposed farmer's market location in the park parking lot. Until 6 PM visitors will have to park on the top level of the deck, use the stairs or elevator to get to the ground level and walk across the parking and along a sidewalk to the traffic signal, then cross Technology Drive to get to the park. Parking at the Flagship Coprorate Center site will require an agreement for access and use. While the parking lot may have available spaces presently, the building is not fully leased. Also tenants change and. parking demand changes. So a fully leased building or partially leased building with a high parking demand would not be able to provide spaces until generally after SPM. How much parking is needed? Staff surveyed six suburban communities to get an idea of what parking demand might be for a farmers market. Maple Grove, Richfield, Woodbury and Shoreview permit farmers a market on City park property. Since these markets are located in large parking lots, available parking has not been an issue. Last year in Maple Grove, the City permitted 48 vendors in the parking lot at the community center. Attendance varied between 500-1000 people. The peak parking demand was approximately 80 spaces. If Maple Grove is used as a model for determining parking demand, then a 30 vendor market as proposed would suggest 50 parking spaces Staff Recommendation There is uncertainty about the availability of parking on the adjacent office site. There is more available parking on the Southwest station site, but is located 750 feet away. For these reasons the staff would suggest the Saturday only scenario for the first year. The practical experience gained by observing traffic patterns and parking demand will help determine if the market will work on Thursdays, and could provide supportive data should a zoning code change be pursued. HPage 1 of 3 Robert Lambert From: Tom Bierman batabl@msn.com] Sent: Tuesday, January 04, 2005 1:02 PM To: Robert Lambert Subject: Purgatory Creek Farmer's Market "Food for Thought' As the single dissenting vote on the Farmer's Market Proposal at the 3 Jan meeting of the PRNRC, then thinking about my concerns and knowing.the Farmer's Market Proposal goes before the City Council on Jan 18t' I just want to document some 'Food for Thought" on the subject proposal. Something just doesn't feel right about the proposal, it doesn't smell right and like a bed of roses the more I think about it the more thorns we may want to a least consider, discuss and get answers regarding, so the final decision is made knowing various potential outcomes. I appreciate your considering the following over the next few weeks. A) Precedent Setting —routine Park usage for outside communitylindividual profitability. 1. Commercialization of Park land especially at the high visibility Purgatory Creek Recreation Area (PCRA) starts us down a very slippery slope. 2. The entrepreneurial spirit in many folks can be expected. To beat the crowd, and under the banner of "community gathering" how do we respond the following future line-up for Purgatory Creek Recreational Area? : • Sundays from 12-6 pm, May 15t' through Sept 16th... Tom's Community Flea Market. • Mondays from 5-9 pm, May 231d through Sept 5t' ...Tom's Hungry (Starving already used) Art Fair - local artist only • Tues from 6-10 pm May 24t'though Sept 6t'... Tom's Quilting and Yam Bee Outlet extravaganza. + Wed from 6:30 pm June 81h through Aug 315t ... Tom's Beverage Night featuring locally made refreshments. • Thur is reserved for the future Farmer's Market needs ... they asked first! • Fri from 3-9 pm June 31d through Sept 2"d... is Tom's Summer Used Car Auction. • Sat am is reserved :for Farmer's market .... but Sat 4-10 pm is Tom's Taste of Eden Prairie. 3.. The above is just my summer plans wait till you hear our fall and winter proposals for community gatherings. 13) Lack of city Oversight —the presentators reminded me of H Hill in the Music Man . 1) The definition of local fanners seemed to vary throughout their presentation. It started out as being local farmers. But as we discussed it local farmers were redefined to 100 miles away (i.e. the apple comment) when crops are not in season. What 1 wonder is what crops are local on May 14t'? I suspect we will see: • Tomatoes from Texas • Oranges from Florida • Cauliflower from California • Apples from Washington • Lettuce from all over... but MN • Very little will be from local Farmers 2) As the conversation wore on we learned that Bachman's were included in the local Farmer definition. Perhaps Costco and Rainbow can also expect to be considered local.farmers? 3) The presenter's vendor selection process and determination of farmer criteria was left to round sounds about `it's controlled by some Farmer's Market definition," that was not available for review.. 4) They mentioned one local farmer vendor had been talked to and was excited about the concept, but 1/6/2005 Page 2 of 3 this was contradicted by Mr. Bachman who also had spoken to the same farmer who reflected he had concerns in the vendor selection process. 1 was left with the impression we, the city, have no oversight on this matter! 5) There was no mention of fee structure for the vendors or what projected income dollars the city will be receiving. Nor was there any advertised bid process or determination if we could get more favorable returns. Nor were there any discussions if an EP volunteer group would like the opportunity to take this on as a fund raiser for profit money to benefit the community. 6) There was no copy of letters granting approval/support documentation from Flagship Corporate Building or from SW metro regarding parking... the presenter's only substantiation was based on conversations. 7) Nor were there any letters or discussions about the feelings of the nearby (closest) food restaurants, whose parking spaces will be used first under the doctrine, people will park in the most convenient location to walk to the Farmer's market, long before any SW metro parking will be used. 8) The ratio of 28 vendors to the 50 required parking spaces extrapolated from Maple Grove data just does not seem right. That would mean only 2 car loads of people per vendor at any given time... 9) At one time they concluded they were not worried about limit vendor growth that Purgatory Creek offers, yet in the next breath they talked about how popular these markets were and attracted people from far and wide to the community. It would seem limit growth should be a business concern of theirs. 10) The presenters, knowing this could be a controversial usage of the Park land, made no attempt to locate or consider other Eden Prairie locations. C) Farmer's Market impact on Purgatory. Creek Recreation Area 1) 1 have several concerns as to what we can expect the Farmer's Market impact will have on the area both at the vendor location and around the lake. • It is clear that Farmer's Market will clean up after them selves, but there was no time table or plan explained. If the market closes at noon, realistically 12:30, then with break down and vendors vacating the property perhaps add 1 hour. Now at 1.30 comes the sweeping. To really be clean and minimize the food debris we may want to insist the property be hosed down. In any case it will be about 3 pm before the area is back to non -Farmer's Market citizens park usage' • It is noted additional trash pick ups will be required but no time table provided. Can we assume this will be done on Sat between 2-3 pm, thus minimizing unsightly Park ground exposure? If it hangs around for hours my next comment just grows in magnitude. • If I were of the fly, crow, seagull, or bee family I would be delighted to see the Farmer's Market come to Purgatory Creek Recreation Area. Not only will we have a smorgasbord Sat mornings but the remaining food scraps, spills and aromas will encourage us to hang around the area all week long and bring in our friends. A not so nice nuisance to the rest of the EP residents during their Sun -Fri usage. • Then perhaps we can expect the let's -walk -around -the -lake -crowd with our Farmer's Market produce. An orange peeling here, an apple core there and trash in the weeds will be the people of helpful -to -wildlife and nobody -sees -us mentality. Will Farmer's market help police the path area? • The Farmer's Market will establish a wonderful pattern to help the PCRA geese population. Even with "do not feed the geese" signage the visitors and the children will love to toss food to those hungry geese. Encouraging and enticing more geese into the Park grounds will have a daily impact on the grounds sanitary conditions. 2) The subject of traffic congestion and public safety was only.briefing noted and discussed. It would be interesting to hear Dan Carlson's thoughts about this weekly event and what additional forces might be needed. 1 routinely visit that area on Sat mornings and have difficulty turning into Flagship Corp Center. Depending on Farmer's Market popularity staff may need to plan routine support... perhaps charged to Farmer's Market. While I'm a definite supporter of the farmer's Market concept I do have my concerns on the privatization for routine (not just a one week camp for EP kids) profit off public property and the community precedent we are setting. -1 am concerned about our lack of city oversight in there commercial process of vendor selection, the potential unfavorable environmental impact on PCRA not just during the Market usage time period but all week 1/6/2005 ■ Page 3 of 3 long. I recognize the Commission yes approval vote has limited the Farmer's Market to a one year exposure. But we have opened this door we can expect more of the same. We have ignored, perhaps given away a community organization interest in a fund raising or perhaps joint venture arrangement. We have made little effort made to identify other EP location alternatives. Thanks for your time on this matter. If appropriate please include this letter in the City Council read ahead - package on this matter prior to their 18 Jan meeting. 1/6/2005 1 /6/2005 Tom, Thank you for your well thought out comments and concerns regarding the Farmers Market proposal. I will forward it and these remarks to the Council for their consideration. Precedent Setting routine park usage for outside community/individual profitability. This should be a concern for the Commission and Council to consider. In the past we have not allowed anyone other than an "Eden Prairie non-profit public service agency" to reserve park land for "profitable events". That has changed somewhat with the past practice of athletic associations subleasing athletic fields to organizations like the Minnesota Thunder for camps and clinics. Now that we have stopped the practice of subleasing we are allowing them to reserve them as the lowest priority use. Our rationale is that if the fields can bear the extra use, it is a benefit to the residents of the community to have that program in Eden Prairie rather than having residents to drive to another community. The Council must decide if having a Farmers Market run by two Eden Prairie residents is enough of a benefit to the residents of Eden Prairie to give them this exclusive use of this public facility. I personally believe that the Council would have eventually asked staff to consider operating a Farmers Market on this site if it hadn't been proposed by these residents. This way the service is provided at no cost to the residents. The City may have other users like "Tom's Flea Market" make similar requests. If they are considered as a benefit to the community they may be approved. If not, I don't see them having to be approved because of this precedent. Lack of City Oversight If the Council does approve of the Farmers Market, I'm sure it would only be with specific requirements, such as a rental agreement that requires set up and clean up times and requirements, rents paid by certain dates, review of the bylaws of the Market, the ability to shut it down if they don't comply with our concerns regarding care of the grounds, hours of use, etc. Farmers Market Impact on Purgatory Creek Recreation Area Your concerns for hours of operation and clean up were my concerns and have been addressed with the proponents. The contract will be very specific relating to those issues. We do not want the public to feel that the prime time for use of the site has been lost, but rather a portion of the prime time is filled by residents enjoying a festive event each week. I'm not sure there is any community organization that would have had the volunteers willing to put in the hours and effort that Patti and Vicki have on this project. I have run the numbers on what they might make if this is very successful, and believe me they are not going to get rich on this venture. I realize that you have a deep commitment to the excellence of Eden Prairie's park and open space system. I appreciate your thoughtful comments and concerns relating to this proposal. I agree that we should proceed carefully with any permanent use of this important park, but I think this proposal may be a great way to bring people to the area and enjoy this park and perhaps spend a little money in our community. I don't think we should do this if it causes harm to the park or turns this beautiful area into an eyesore with litter. We will watch how this site is used very carefully and if at any time we believe this market is not an asset to our City or our park system we will be quick to address the issues and change the behavior or close the market. I hope this memo has addressed your concerns. You are still welcome to attend the January 18tn Council meeting and express your opinion on the proposal to the Council if you wish. Bob Lambert Director of Parks and Recreation CITY COUNCIL AGENDA DATE: SECTION: Appointments January 18, 2005` DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIII. A. Randy Newton Appointments to the Policy Advisory Public Works/Engineering Committee for the Southwest Corridor Alternative Analysis Study Requested Action Move to: Approve appointment of as the Member and as the Alternate to the Policy Advisory Committee for the Southwest Corridor Alternative Analysis Study. Synopsis The Hennepin County Regional Railroad Authority (HCRRA) is starting work on the Southwest Corridor Alternative Analysis Study and has requested the City designate a City Council Member to the Policy Advisory Committee. The HCRRA is also requesting the City designate an alternate to the Policy Advisory Committee. Background The Southwest Corridor Alternative Analysis study is the next phase of study for developing a dedicated transit corridor from downtown Minneapolis to Eden Prairie. This study follows the Southwest Corridor Rail Transit Study which was completed in October 2003. The primary goal of the Alternative Analysis study is to select a single preferred alignment (if any) for the Southwest Corridor. Resident Bruce Moyer served as a member on the Policy Advisory Committee and Resident Lynn Hempe served as an alternate on the Policy Advisory Committee for the Southwest Corridor Rail Transit Study. As the name implies, this appointment is at a policy level. Staff therefore recommends that a council member be appointed, rather than a resident as in the past study. CITY COUNCIL AGENDA DATE: SECTION: Report of Parks and Recreation Director January 18, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV. D. 1. Robert A. Lambert, Director Shuldhiess Family Property Parks & Recreation Requested Action Move to: Authorize staff to negotiate for acquisition of the Shuldhiess property at 9291 Riley Lake Road and report back to the Council on the cost to acquire that property at this time. Synopsis There are two residential lots within the proposed boundaries of Riley Lake Park. A 60-foot wide lot owned by Ernie Shuldhiess at 9281 Riley Lake Road, and a 91-foot wide lot owned by the Shuldhiess family estate at 9291 Riley Lake Road. On September 2, 2003, the City Council considered action on acquiring the Shuldhiess family estate lot. The City's appraisal was for $360,000 and the family was asking $495,000. The staff did not recommend taking any action at that time and the Council tabled any action on this property. Recently the realtor for the property indicated to the City that the parcel is on the market for $349,000. City staff believe the asking price is approaching what the value of the property would be to the park. Staff would recommend negotiating with the property owners to determine the lowest price at this time, and then requesting the Council to determine if it has any further interest in this propel' Background The parcel contains a total of 20,269 square feet or .465 acres and has a stucco split-level house constructed in 1958. The basement is 608 square feet, level one has 494 square feet, level two has 608 square feet and level three has 532 square feet. The house has a vaulted ceiling in the living room, finished lower level area with recreation room, 3/4 bath and a large front deck overlooking the lake. The physical depreciation is normal for a home of its age. It has a functional obsolescence due to the public road between the house and lake frontage. Appraised value was $360,000 for the parcel; the family was asking $495,000for the parcel The lot is currently zoned rural and has 91 feet of shoreline. It is adjacent to another lot also within Riley Lake Park that has 60 feet of frontage owned by Ernie Shuldhiess. Both lots do not meet the requirements for rural zoning. Both lots are in a shore land area and not meet shore land requirements. The lots and homes are considered non -conforming to current city requirements. This means that the existing homes cannot be altered or enlarged. Routine maintenance can be performed on each house, such as fixing broken windows or repairing the roof. The correct zoning would be R1-13.5. This is single family zoning district with a normal lot size, Shuldhiess Family Property January 18, 2005 Page 2 minimum of 13,500 square feet. This zoning district requires lots be served with City water and sewer. City water and sewer is not adjacent to the existing lots. City water and sewer is currently between 500 - 1,000 feet away from both properties. Without benefit of a survey it is impossible to identify all of the variances that would be required if these lots are sold and the buyer requests that either new construction or expansion of the existing facilities. The properties are currently zoned rural and would require the following variances: • Lot Size, less than 10 acres • Lot Width, less than 300 feet • Lot Depth, 300 feet • Front Yard Setback, 50 feet (from the right-of-way) • Side Yard Setback, less than 50 feet and 150 feet combined • Shore Land Lot Size, less than 5 acres • Shore Line Lot Width, less than 300 feet • Shore Line Lot Width at ordinary high-water mark, less than 150 feet • Shore Line Setback, less than 100 feet If rezoning to R1-13.5 is proposed with a new or major alteration of the house on each lot, the following variances would be required: • Lot Width less than 85 feet • Side Yard Setback less than 10 feet and 25 feet combined • Shore Line Lot Size less than 20,000 square feet (9281 Riley Lake Road) • Shore Line Lot Width less than 120 feet • Shore Line Lot Width at ordinary high-water mark less than 120 feet • Shore Line Setback less than 100 feet Any rezoning, subdivision or variances would be required to be reviewed and approved by the Community Planning Board and the City Council. Consideration The existing park has a public boat access on the south side of these lots and the parking for the boat access, and the remaining part of Riley Lake Park to the north of these lots. The park works without either parcel and staff would ordinarily question an expenditure of over $300,000 for less than an acre of land, especially since that acre is not critical to the operation of the park. However, there is no other feasible boat access that could be incorporated in the existing park; therefore, these lots will always be an issue, and if at all possible the City should consider attempting to incorporate them into the City park at some time. With the acquisition of the 91 foot wide lot the City reduces the chance that some day some would buy both lots and construct a large home on this property that would never be acquired by the City. The Parks, Recreation and Natural Resources Commission voted unanimously to request the City Council allow staff to negotiate with the property owners at this time to determine what the City would have to pay to acquire the property and then determine if that amount is reasonable for this parcel in terms of its value to the park. CITY COUNCIL AGENDA DATE: SECTION: Report of Parks and Recreation Director January 18, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV. D. 2. Robert A. Lambert, Director Athletic Field Lighting of Round Lake Parks & Recreation Softball Field #4 Requested Action Move to: Authorize staff to prepare plans and specifications and take bids for the lighting of softball field #4 at Round Lake Park. Synopsis Staff is proposing to light field #4 in a manner similar to what is currently at field #2 and #3. Light poles, light fixtures, and lighting pattern will be done in a similar manner. The cost for this lighting work would be paid for out of fees that are currently collected from all adult teams that utilize the fields at Round Lake Park. There would be no tax dollars used for this construction project. The estimated cost for lighting of Round Lake field #4 is approximately $62,000 to $65,000. Background At the December 6, 2004 Parks, Recreation and Natural Resources Commission meeting, staff presented a request to notify adjacent property owners to Round Lake Park regarding the proposed lighting of softball field #4 at Round Lake Park. The Parks, Recreation and Natural Resources Commission gave unanimous approval and staff sent out a notice to adjacent property owners inviting them to the Parks, Recreation and Natural Resources Commission meeting on January 3, 2005 regarding the proposed athletic field lighting (a copy of the letter is attached.) At the January 3, 2005 meeting of the Parks, Recreation and Natural Resources Commission, the Commission voted unanimously to recommend approval of this project. There were no residents in attendance in support or opposition of this project. (One hundred sixty-six residents were notified of the meeting.) Currently the number of teams wanting to play in our adult softball leagues surpasses the number of available fields. The lighting of an additional field at Round Lake is also important should either of the two softball fields north of Valley View Road need to be removed due to any Community Center facility or parking area expansion. The City of Eden Prairie has one of the most successful adult softball programs in the state. In the summer of 2004, the City had 160 men's, women's and co -recreational teams with an additional 82 teams in the fall; making Eden Prairie the fourth largest adult softball program in the state. In the late 1990's, adult softball programs throughout the state were experiencing a decline in Athletic Field Lighting of Round Lake Softball Field #4 January 18, 2005 Page t numbers. At that time, the Eden Prairie youth Baseball Association was experiencing an increase in participation and needed additional fields. The City decided to designate two adult softball fields at Staring Lake Park adjacent to the Cummins -Grill site, to youth baseball. For several years, the City has been able to accommodate the adult softball leagues on the fields at Round Lake with some use of the two fields at Riley Lake Park for co -recreational games. However, in the past three years the number of the adult teams has increase significantly and in 2004 the City had a waiting list for the adult softball program. By lighting an addition field at Round Lake the City program could accommodate additional adult teams. Funding The league fee that adult teams pay cover administrative costs, umpires, and a portion of the fees collected are set aside for field maintenance. Currently the City collects approximately $20,000 each year that is set aside in a special fund to pay for improvements to the adult athletic fields. In the past funds collected have paid for things such as fencing of the fields, improvement to backstops, players bench improvements, irrigation, asphalt pads under the bleacher areas, open air picnic shelter, and field lighting. Currently the improvement fund balance is $55,000 with an additional $20,000 to be added in December from this past 2004 season. The expenditure of these funds for lighting field #4 would be similar to past expenditures that have been led to improvements and repairs to the six fields at Round Lake Park. Attachments: Letter to neighbors Maps of Round Lake Park The city of _ Eden Prairie 8080 Mitchell Road • Eden Prairie, MN 55344-4485 • edenprairie.org . 952-949-8300 • TDD 952-949-8399 December 17, 2004 SUBJECT:. Round Lake Park — Athletic Field Lighting Dear Round Lake Park Neighbor, The Parks, Recreation and Natural Resources Commission is scheduled to discuss plans to add athletic field lighting to Round Lake softball field #4 at the regularly scheduled Commission meeting on Monday, January 3, 2005. The city staff will be giving a short presentation of the j proposed athletic field lighting plan to the Commission and this will followed by the opportunity j for you as a neighbor to provide feedback regarding the addition of lights to ballfield #4. 11 f , Staff is proposing to light the field in a manner similar to the current field #2 and field #3. The poles, light fixtures, and general layout will be done in a manner similar to that of the current facility lighting. The cost for this lighting will be paid for out of field use fees that are currently i _ paid for by all the adult teams that utilize the softball fields at Round Lake Park and no tax (- dollars would be used for this project. The current policy of having the athletic lights turned off at 10:00 p.m. will continue and therefore there would be no change to the hours of usage of any of the athletic fields at Round Lake Park with this additional lighting. Parks, Recreation and Natural Resources Commission Meeting When: Monday, January 3, 2005 Where: Eden Prairie City Center — Council Chambers i 8080 Mitchell Road Time: 7:00 p.m. i If you have any questions regarding this matter please give me a call at 952-949-8445. Sincerely, Stuart A. Fox �J Manager of Parks and Natural Resources Attachment: Park map on back of letter j SAF:bju i pert 'rairie City of Eden Prairie Round Lake Community Park `" Parks & Natural Resources Exisfing Concbm CITY COUNCIL AGENDA DATE: SECTION: Report of Parks and Recreation Director January 18, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV. D. 3. Robert A. Lambert, Director park Land Acquisition Needs Parks & Recreation Requested Action Move to: Approve the list of land acquisition needs and confirmation that these parcels are within the Park and Open Space System Plan and should be acquired if feasible. Synopsis The majority of the land acquisition required to complete the Park and Open Space System plan relates to acquisition of land necessary to complete trail systems. It is important to have a public record of the City's interest in acquiring these parcels of land especially if the land acquisition is from another governmental agency, or if we every apply for grants for acquisition. Seven of the properties are owned by the Minnesota Department of Transportation. The State may determine to sell those properties or may decide to grant an easement for trail purposes and retain ownership of the property. As long as the property remains in public ownership it makes little difference to the City of Eden Prairie unless the State would determine at some time in the future to sell the property. There are six other parcels that might be acquired through dedication, or a combination of dedication and purchase, when the adjacent property is developed. Background The following is a summary of each parcel with rational for the need for each parcel. Rice Marsh Lake Trail Parcel # 1 a. MNDOT trail easement — Seneca Pointe connection 500, The City of Eden Prairie currently has developed an 8-foot asphalt trail along the north side of Rice Marsh Lake west of this parcel and an 8-foot asphalt trail through Rice Marsh Lake Park east of this parcel. This 1.2 acre parcel will provide the land necessary to make the connection between these two trails. People have been walking and bicycling across this parcel for several years between the two existing dead end trails. Staff ranks this parcel as the highest priority parcel to acquire at this time. Park Land Acquisition Needs January 18, 2005 Page 2 Parcel # 1 b. MNDOT trail easement — south & east of lake Sixty -foot wide trail easement from the trail west of Bearpath, north under Highway 312 to trail around the perimeter of Rice Marsh Lake. This trail will run to the east and connect to the trail around the north side of the lake, and run to the west to the Chanhassen border where it will connect to a trail within Chanhassen that surrounds the west side of the lake. The sixty -foot wide trail easement will require approximately six acres of land; however, it would be in the City's best interest to acquire ownership of parcel #1 c. 42.9 acres of excess right-of-way north of Highway 312 consisting mostly of Lakeshore and wetlands around Rice Marsh Lake and parcel #1 d. MNDOT property which would be excess right-of-way south of Highway 312 consisting of 11.74 acres between Bearpath and Highway 312. Pureatory Creek Trail Parcel #2 a. MNDOT trail easement — north of Purgatory Creek A 60' wide trail easement from Staring Lake Park, east under Flying Cloud Drive; this 1.22 acre needs to be acquired in 2005 as the Riley Purgatory Bluff Creek Watershed District is proposing the completion of the outlet control structure at Staring Lake in 2005. Part of that project would include extending a ten -foot wide asphalt trail from the trail around Staring Lake east under Highway 212 to the sidewalk along Sunnybrook Road. Parcel #2 b. MNDOT trail easement This 60' wide trail easement is located on the east side of Highway 212 completing the connection from under the bridge to the Sunnybrook Road sidewalk. Riley Creek Valley Trail Parcel #3 a. Laseski property The Laseski property contains approximately 4.25 acres on the east side of Riley Creek. The City owns the property on the west side of the creek. This parcel will most likely be acquired through dedication when the Laseski property is developed within the next two to three years. Parcel #3 b. Berg property This 1.18 acre parcel is located on the south side of Riley Creek and connects to the Laseski property as the creek turns to the east. The City owns the property on the north side of the creek in this location. This property would also most likely be acquired through park dedication or as a gift from the developer when the adjacent property is developed. Park Land Acquisition Needs January 18, 2005 Page 3 Parcel 43 c. Marshall property The Marshall property is located immediately east of Dell Road. The City should acquire a minimum of 2.2 acres protecting the creek valley on both sides of the creek. This property should be acquired at the time the Marshall property is developed. Parcel #3 d. Wessell property The Wessell property contains approximately 3.74 acres in the north side of Riley Creek. This is steeply, wooded property that is probably undevelopable and should be acquired for the protection of the creek. It is questionable whether or not a trail could be developed within the creek valley in this location due to the steep valley walls. The trail may require retaining walls and a relatively long bridge in order to be feasible. A determination on the feasibility of the trail will be made later in 2005. Parcel 43 e. Barker property The Barker property contains approximately 1.53 acres protecting both sides of the creek. This is the northern 1.53 acres of the Barker property and should be protected to preserve the integrity of the Riley Creek woods and the creek valley in this location. The acquisition of this parcel provides access from the trail along Riley Creek from Dell Road east through the Riley Creek woods. The trail would be located in the north side of the creek. The Barkers do not have the ability to subdivide their property further; therefore, it is likely that this property will have to be acquired through an acquisition rather than dedication or donation. Purp-atory Creek/ Minnesota River Trail Parcel #4 a. Phillipi property acquisition The Phillipis' own a large parcel of land immediately north of Riverview Road that contains land on both side of Purgatory Creek. Staff are recommending acquiring approximately 8.94 acres of land in the relatively near future in order to complete the trail system in the lower Purgatory Creek valley to Riverview Road and eventually to the Minnesota River valley. The Phillipis' use this property for their horse pasture and have indicated they are not a willing seller at this time. The City should eventually acquire the entire valley owned by Phillipi, similar to what has been acquired upstream. Parcel #4 b. Clarke property - acquisition The Clarke property contains approximately 3.9 acres of land along the Minnesota River. The City has required adjacent land to dedicate river frontage 150' deep to accommodate the development of a public trail along the river when the adjacent land was developed. Staff would anticipate the acquisition of a similar parcel of land when the Clarke property is developed; however, if the Clarke property is not developed and is the only remaining piece that keeps the City from completing a loop trail system from Purgatory Creek along the river west to Riverview Road, staff would recommend Park Land Acquisition Needs January 18, 2005 Page 4 acquiring this parcel. Mr. Clarke has indicated that he is not planning on developing any time soon and is not interested in selling his river frontage for a trail. Parcel #4 c. Fowler property - acquisition The City would have to acquire either a trail easement across the Fowler property, which has already been preserved through the Minnesota Land Trust, or would have to acquire all of the land from approximately 100' north of Purgatory Creek, south to the river. Acquiring the trail easement would be the cheapest method of providing the trail access to the river; however, staff believe that eventually the City would want to acquire all of the land south to the river frontage and would recommend obtaining an appraisal of that portion of the land at the same time the City would obtain an appraisal for a trail easement. The Purgatory Creek / Minnesota River Trail would be the first access the public would have to the Minnesota River within Eden Prairie. Completing the acquisition of these three parcels would allow the City to construct a trail along Purgatory Creek, south to the Minnesota River, then west along the river to the section of Riverview Road that has been blocked off for many years. Staff would recommend using Riverview Road as the trail west to the proposed underpass under existing Highway 212 at Hennepin Village, thus providing residents from both east and west Eden Prairie with access to the river. Birch Island Woods Parcel #5 a. Picha property The remaining parcel of land necessary to complete the Birch Island Woods Conservation Area is a 4.04 acre parcel owned by the Picha Family Trust. They have indicated they would be willing to sell the 4.04 acres for $850,000 at this time. That is expensive when considering the added value to that conservation area. It is likely this parcel will be developed within the next two years if not acquired by the City. If the parcel is still available at the City's next referendum, staff would recommend including funding for it on the referendum. Edenvale Conservation Area (former Anderson property) Parcel #6 a. Grey Fox Bluff When the final Anderson property is developed, staff would recommend attempting to convince the developer to dedicate the 15.58 acres of conservation land to the City of Eden Prairie and to acquire approximately an additional one acre of land around the perimeter of that conservation land to accommodate a loop trail to serve this conservation area. Parcel #6 b. Edenvale Highlands Outlot This 2.95 acres has been dedicated to the City; however, the City has not received the deed as yet. Park Land Acquisition Needs January 18, 2005 Page 5 Parcel #6 c. Bluffs at Purgatory Creek This outlet has been recently acquired by the City. It contains 8.67 acres. Riley Lake Park Parcel #7 a. Shuldheiss Family property This parcel contains 91' of lakeshore and a small home. The appraisal amount on the property is $360,000; however, the family was initially requesting considerably more than that amount. The value of that property to the park is less than the appraisal. It is unlikely the City will acquire that property in the near future unless the price for the site is less than the City's appraisal. Parcel #7 b. Ernie Shuldheiss property This property contains 60' of lakeshore property and a small home. The appraisal on this property is $295,000; however, Mr. Shuldheiss is requesting the appraised value, plus life estate rights at this time; therefore, it is unlikely the City will acquire this property in the near future. Mitchell Lake Marsh Parcel #8 a. MNDOT property — SE area of Mitchell Lake Marsh, north of Highway 5 This parcel contains 20.35 acres. The City is requesting the Minnesota Department of Transportation to consider transferring ownership of that property to the City of Eden Prairie for conservation purposes. The Parks, Recreation and Natural Resources Commission has recommended that the City Council consider negotiating the acquisition of the private park owned by Rosemount Corporation on the west side of Lake Idlewild. With all of the higher density housing developed in the area, the City should be providing at least a small park to serve them if possible. That property will also be needed to complete the trail around the lake. Summary The City of Eden Prairie is currently discussing acquisition of the MNDOT properties with the Department of Transportation staff. The Minnesota Department of Transportation will not take any action on the Highway 312 corridor property until that highway construction project is completed. At that time they may decide what truly is excess property and determine the proper way to dispose of the property either through a sale or a land transfer to the City, or they may decide to retain ownership of the property and only grant trail easement. Park Land Acquisition Needs January 18, 2005 Page 6 Staff anticipates that the property along Riley Creek valley, including the Laseski, Berg and Marshall properties will all be developed within the next year. Staff would recommend waiting for those parcel to develop and attempting to negotiate acquisition through the development process. Once the Marshall property is acquired the Barker property should also be acquired, this will more than likely require an outright purchase. Later this year, the City will evaluate the feasibility of constructing trails within the Riley and Purgatory Creek valleys. The City will determine whether the City should acquire any portion of the Wessell property to accommodate a trail along that creek corridor. Staff would recommend obtaining appraisals on the Phillipi property and the Fowler property within the relatively near future and to begin negotiating with both property owners for acquisition of those parcels to complete the trail corridor to the Minnesota River. If possible, it would be important to have option agreements with both property owners for acquisition of those parcels, as well as the Clarke property prior to the next park referendum in order to include acquisition on a referendum. The City may choose to delay acquisition of these sites until the Purgatory Creek trail is developed south to the Phillipi property if they are not willing sellers at this time. Parcel #4 b., the Clarke property, will receive a great deal of pressure for development within the next three to four years. If it appears as though that property will be sold for development staff would recommend delaying acquisition of that parcel until negotiating the dedication through the development review process. If the Picha property is still available prior to the next referendum, staff would recommend including this parcel on a referendum. Attachments: Park Land Acquisition Needs Chart Maps Park Land Acquisition Needs Identified Winter 2004 - 2005 Parcel Location Approximate 1 Rice Marsh Lake Trail a. MNDOT trail easement — Seneca Pointe connection 500' b. MNDOT trail easement — south & east of lake; 60'wide trail easement c. MNDOT property — excess ROW north of Hwy 312 d. MNDOT property — excess ROW south of Hwy 312 2 Purgatory Creek Trail a. MNDOT trail easement — north of creek 60' trail easement b. MNDOT trail easement — E & W of Hwy 212, 60' trail easement 3 Riley Creek Valley Trail a. Laseski property — east of creek b. Berg property - south of creek c. Marshall property — both sides of creek d. Wessell property — north of creek e. Barker property — north of creek 4 Purgatory Creek / Minnesota River Trail a. Phillipi property — acquisition b. Clarke property — acquisition C. Fowler property — acquisition d. Fowler property — easement 5 Birch Island Woods a. Picha property 6 Edenvale Conservation Area (Former Anderson property) a. Grey Fox Bluff 60' trail easement b. Edenvale Highlands outlot A - to be deeded c. Bluffs at Purgatory Creek - outlot A — City 7 Riley Lake Park a. Shuldheiss Family property — 9 F of lakeshore b. Ernie Shuldheiss property — 60' of lakeshore 8 Mitchell Lake Marsh a. MNDOT property — SE area north of Hwy 5 9 Lake Idlewild a. Rosemount Park on west side of Lake Idlewild G:\Brenda\Letter & Memos\Lambert 2005\Memo\Park Land Acquisition Needs - winter 2004-2005.doe Acreage 1.2 6.03 42.91 11.74 Estimated Cost ? ? ? 1.22 ? .67 ? 4.25 Dedication/donation 1.18 Dedication/donation 2.21 Dedication/donation 3.74 Acquisition/donation 1.53 Acquisition 8.94 Acquisition/dedication 3.89 Acquisition/dedication 10.92 Acquisition .17 Acquisition 4.04 $850,000 15.58 Dedication/donation 1.92 Dedication/donation 2.95 N/A 8.67 N/A 20,296 sq ft 18,126 sq ft 20.35 $360,000 $295,000 ? Updated 1/18/05 CITY COUNCIL AGENDA DATE: SECTION: Report of Parks and Recreation Director January 18, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV. D. 4. Robert A. Lambert, Director Proposed Revisions to the Parks & Recreation Park Fund Capital Improvement Program Requested Action Move to: Approve the revisions to the Park Fund Capital Improvement Program as proposed in the January 3, 2005 staff report. Synopsis Each year City staff propose revisions to the estimated revenue and expenditures in the park fund in order to assist the Parks, Recreation and Natural Resources Commission and City Council in determining priorities for fund expenditures and estimated revenue and expenditures over the next five years. The park fund does not include general fund capital improvement projects, but is limited to capital improvement projects that would be funded from park dedication fees, grants, donations and revenue from adult athletic fees and interest accrued within the fund. Revenues as of mid -December 2004 for this year totaled $1,237,010. This included $1,053,270 in cash park fees. Expenditures to date from this fund total $1,513,128. The fund balance is $5,663, 079. The revisions to the park fund include moving the expenditures for the baseball stadium up from 2008 to 2005 and increasing the total estimated cost of that facility from $600,000 to $850,000. Other adjustments have been made based on decisions made by the Commission and Council during the year relating to planning for trail projects, off -leash dog exercise areas, etc. Background The Park Fund Capital Improvement Program includes conservative estimates on revenue projections to relating to park dedication fees. For example, staff estimated total revenue in park dedication fees for 2004 at $750,000 when in fact revenue exceeded $1,000,000. Staff believe the revenue projections over the next five years are conservative because revenues will begin to fall in the near future and predicting the economy and revenue from development is certainly not a science. Projections for cost estimates are `estimates' made without benefit of plans and specifications and therefore can be off by a considerable margin. For example, there is $35,000 budgeted for an off leash dog area in Staring Lake Park. The actual cost could be $20,000 or $50,000. Staff haven't started the plans for the proposal, and in fact, will probably propose several alternatives for the Commission and Council to consider. It does make sense to at least include the project and some amount for consideration, recognizing the fact that the real cost estimate will come at the time the Proposed Revisions to the Park Fund Capital Improvement Program January 18, 2005 Page 2 plan is approved. Staff believe the projects that are recommended can be fully funded as projected in this Capital Improvement Program. The only project with an amount listed for being funded through a bond referendum is the $1.4 million that is estimated for expanding Flying Cloud ballfields. That amount is not included in the expenditures from the park fund as we are projecting that to be funded with a referendum. Other undetermined expenditures that would have to be funded through a park referendum or through revenue bonds include the following: • Land Acquisition — in the lower Purgatory Creek Conservation Area, the Riley Creek Conservation Area, the Rice Marsh Lake Conservation Area, and land at Lake Idlewild, if that site is approved. • Birch Island Woods — if the property is still available at the time of a referendum • Improvements to the Community Center, which would include addressing the pool needs, adding locker rooms, an expanded fitness center, expanded lobby and offices, a multi- purpose gym and if necessary, expanded parking and possibly relocating the baseball field to accommodate the expanded parking • The child play area at the Community Center and a wading pool could be funded through revenue bonds Expenditures for a third rink, which would also have to be included on a referendum, were not included. The Hockey Association has requested the City to consider innovative alternatives to a third indoor rink. Staff will be prepared to discuss any questions Commission members may have on the Capital Improvement Program or any of the projects listed within that plan. Attachment: 2005 — 2009 Park Fund Capital Improvement Program 2005 - 2009 Park Fund Capital Improvement Program A,ularfintf,,, AMW City Other 2004 Actual 2005 2006 2007 2008 2009 Future Cedar Hills Park $ 913,700 Birch Island Woods $ 117,300 $ 112,000 $ 108,000 $ 104,000 Lower Purgatory Creek Cons. Area Referendum ?* Cost to be determined Riley Creek Cons. Area Referendum ?* Cost to be determined Rice Marsh Lake Cons. Area Referendum ?* Cost to be determined Riley Lake Park Referendum ? Cost to be determined Mitchell Lake Marsh ptal� Referendum 11 30t fF#if . ...... ? $t#1f1fi0 i....v :r Cost to be determined *Referendum Cedar Hills Park $ 650,000 $ 650,000 Staring Lake Trail- East $ 100,000 Watershed Project $ 100,000 Staring Lake Park Shelter Addition $ 100,000 $ 100,000 Staring Lake Park Trail Widen - 10' $ 350,000 $ 350,000 Staring Lake Park Archery Range $ 13,500 $ 9,966 $ 3,500 Staring Lake OLA & x-country ski $ 35,000 $ 35,000 Round Lake Park Trail Widening - 10' $ 200,000 $ 200,000 Round Lake Park Skate Park $ 35,000 $ 35,000 Round Lake Park Lighting Softball Field $ 55,000 $ 55,000 PCRA Phase I - Dredging /Dike completed 2003 PCRA Phase II - Park Construction $ 1,092,000 inc. 2003 total $ 316,160 $ 40,000 PCRA Phase III - Trail Construction $ 598,159 Watershed Project $ 560,956 $ 37,200 PCRA Phase IV - Trail $ 169,560 Watershed Project $ 121,953 $ 21,600 Creek Valley Trail Planning $ 65,000 $ 65,000 Riley Creek Cons. Area Trail $ 178,364 W.D. $175,000 $ 3,364 $ 50,000 $ 100,000 $ 100,000 $ 150,000 Edenbrook Cons. Area Trail $ 55,000 W.D. $55,000 $ 55,000 $ 55,000 Lower Purgatory Creek Cons. Area Trail $ 175,000 W.D. $175,000 $ 100,000 $ 150,000 $ 100,000 Miller Park - Baseball Building $ 8,372 1 $ 8,372 Miller Park - Softball Building $ 300,000 GAA $50,000 $ 39,483 $ 310,000 Miller Park - Baseball Stadium $ 650,000 EPBA $300,000 $ 850,000 $ 50,000 $ 50,000 Miller Park - Soccer/Football Building $ 250,000 S.F.A. $100,000 $ 350,000 Miller Park - Park Shelter/Curling Rink $ 250,000 T.C.C. $1,000,000 $ 1,250,000 Prairie Bluff Cons. Area Trail $ 50,020 $ 20,020 $ 30,000 Flying Cloud Ballfields $ 1,279 $ 1,279 Flying Cloud Ballfield Expansion I Referendum (* $1,400,000) Referendum Richard T. Anderson Cons. Area $ 120,396 1 $ 110,396 $ 10,000 C:\RDCab\PL\Temp\XIV D 4. Attach 1 - Park CIP (Spreadsheet) 2005 - 2009 Park Fund Capital Improvement Program 1tCgttrSitioh s ay :l, s . Forest Hills Playground Renovation city tY Other 2004 Actual 2006 2006 2007 2008 2009 Future $ 330,000 $ 330,000 Nine Mile Creek OLA $ 14,323 $ 14,323 Crestwood Park $ 787 $ 787 Prairie East Tennis Court - Rebuild $ 80,000 $ 80,000 Eden Lake Park Plaza - Rebuild $ 40,000 $ 40,000 Homeward Hills Skate Park $ 50,000 $ 50,000 Round Lake Park Tennis Ct Renovation $ 125,000 $125,000 (School) $ 250,000 Birch Island Park $ 150,000 $ 150,000 Community Center Renovation Referendum " Cost TBD R Referendum Projects PCRA Phase V - Board Walk $ 83,600 $ 83,600 not included in totals PCRA Phase VI - Full Access $ 174,200 $ 174,200 Comm. Center: Grand Total $ 1,324,359 $3,042,200 SA-. $ 1,346,600" Mx $ 1,254,000 1 wo $ 1,905,000 I $ '' 300,000 >Deepening pool or two pools >Locker Rooms >Fitness Center >Child Play Area - Revenue Bonds >Wading Pool - Revenue Bonds Wulti-Purpose Gym >Parking & Relocate Baseball Field C:\RDCab\PL\Temp\XIV D 4. Attach 1 - Park CIP (Spreadsheet) CITY COUNCIL AGENDA DATE: SECTION: Report of Public Works Director January 18, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV. E. 1. Eugene A. Dietz Request from ADC regarding Public Works/Engineering construction of Technology Drive Requested Action Move to: Direct staff to develop a Special Assessment Agreement with ADC to replace the existing Tax Abatement Agreement for the purpose of constructing Technology Drive between Mitchell Road and Southwest Station. Synopsis Concurrent with the development review and approval process for the ADC campus, the City and ADC have entered into a Tax Abatement Agreement that allocated $1.4 million of tax revenue towards roadway and related improvements necessitated by the development. There have been amendments to the Developers Agreement, which among other items, include time extensions for completion of the work. During discussions regarding an additional time extension, ADC and City staff have reached consensus that the project, City and ADC needs would be best met by elimination of the Tax Abatement Agreement in favor of a Special Assessment Agreement that results in the following: • Technology Drive would be constructed in accordance with the terms of the Developers Agreement. • The City of Eden Prairie will contribute an identical $1.4 million towards the project (plus certain costs for elements planned for by the City, i.e., watermain and landscape items). • The City of Eden Prairie would become the project manager for construction of the improvements. • ADC would be assessed their portion of the costs over a ten-year period. • A new budget would be established for the project. Background Information Due to business climate changes in the past three to four years, staffing levels and resulting traffic demands have not materialized as originally expected during the approval process for the ADC campus. Consequently, the City has previously approved time extensions for completion of Technology Drive and related improvements. During the past six months, staff has been in a process with ADC to negotiate a "final" extension to the Agreement, which led to the conclusions noted above. The primary advantage to ADC is that the conversion to a Special Assessment Agreement would get them out of the road building business and allow them a ten-year period to pay their share of the costs. Although we will devote staff time to project management, City out- of-pocket costs will remain unchanged. Both ADC and City staff agree that this will result in the timely completion of the project, which is a benefit to all. Attachment 0 ADC letter dated January 3, 2005: tel 952.938.8080 fax 952.917.1717 I 1 January 3, 2005 Mayor Tyra -Lukens and City Council City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344-4485 dal u! 20 1999 between ADC Re : Developers Agreement, dated , Y P 9 „ Telecommunications, Inc, "ADC" and the City of Eden Prairie (the "City"), as Telecamm ("ADC") amended (the Developers Agreement") Dear Mayor and City Council, Representatives of ADC and the City have been in discussions with regard to finalizing details relating to the Technology Drive Improvements project, as des J P 9 described in the subject Developers Agreement and the Tax Abatement Agreement. It is our collective desire to see the improvement protect commence as soon as possible in 2005, thus allowing completion prior to the end of the 2005 construction season. ADC and representatives of the City have outlined a plan and respectfully request your consideration. ADC would like to reach a formal agreement with the City concerning the plan we have been discussing; namely: • City would take on project management responsibility for the Technology Drive Improvements project, without charge to ADC for such services • City and ADC would agree to a 'cost' of the project that would not be exceeded, excluding costs already incurred by ADC and those costs identified as costs to be incurred by the City in the Developers Agreement • ADC is agreeable to having the City convert the tax abatement agreement between the City and ADC into a commitment from the City to provide funding for the Technology Drive Improvements project in the amount of $1,400,000.00, to be applied to the cost of the project • City would assess ADC over a ten year period for those costs necessary to complete the project in excess of $1,400,000.00 but not to exceed the agreed fixed 'cost' of the project to ADC, including the city's actual cost to finance construction If agreeable, ADC would also ask that the City draft the documents to accomplish these changes. Mailing Address: P.O. Box 1101, Minneapolis, Minnesota 55440-1101 World Headquarters: Minneapolis, Minnesota USA +1,952.938.8080 www.adc.com Thank you for your consideration of this matter. If you have any questions, please call me at 952-917-0270. Sincerely, Edward Jorgenson Director of Real Estate & Facilities ADC Telecommunications, Inc. cc: Mr. Gene Dietz, City of Eden Prairie Mr. Steve Friedman, ADC CITY COUNCIL AGENDA DATE: SECTION: Director of Public Works January 18, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV. E. 2. Rod Rue Support Legislation to Provide Public Works/Engineering Improved Funding Options for City Street Improvements Requested Action Move to: Adopt resolution supporting legislation to provide funding options, particularly the authority to establish a street utility, for city street improvements. Synopsis This resolution provides city support for a street utility initiative developed in partnership with the League of Cities (LMC), the City Engineer's Association of Minnesota (CEAM), and the Minnesota Public Works Association (MPWA). Background Information The resolution requests enabling legislation for street utility authority to Minnesota cities. A street utility will provide another funding option for the 80% of our street network that is not funded by Municipal State Aid. The maintenance and reconstruction of these streets (80% of our network) is currently funded through the Capital Improvement Fund, the General Fund, and special assessments. This legislation initiative is listed as one of LMC's top legislative priorities for 2004. If you are interested in viewing more information regarding this legislative priority, the link to LMC's website is http://www.Imnc.org/advocacy/streetutilityactiontoolkit.cfm. Attachments • Resolution Supporting Legislation CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2005- A RESOLUTION SUPPORTING LEGISLATION TO PROVIDE IMPROVED FUNDING OPTIONS FOR CITY STREET IMPROVEMENTS WHEREAS, Minnesota contains over 135,000 miles of roadway, and over 19,000 miles — or 14 percent — are owned and maintained by Minnesota's 853 cities; and WHEREAS, city streets are a separate but integral piece of the network of roads supporting movement of people and goods; and WHEREAS, existing funding mechanisms, such as Municipal State Aid (MSA), property taxes, special assessments and bonding, have limited applications, leaving cities under -equipped to address growing needs; and WHEREAS, maintenance costs increase as road systems age, and no city - large or small - is spending enough on roadway capital improvements to maintain a 50-year lifecycle; and WHEREAS, the Council of the City of Eden Prairie finds it is increasingly difficult to develop adequate funding systems to support the City's needed street improvement and maintenance programs while complying with existing State statues; and WHEREAS, the League of Minnesota Cities, the Minnesota Public Works Association and the City Engineers Association of Minnesota, have jointly sponsored the development of a report entitled Funding Street Construction and Maintenance in Minnesota's Cities wherein (1) the street systems of the cities within the State are inventoried; (2) the existing funding systems are detailed and evaluated; and (3) recommendations are made; and WHEREAS, cities need flexible policies and greater resources in order to meet growing demands for street improvements and maintenance; and WHEREAS, the report identifies a variety of policy options, the City of Eden Prairie strongly supports the authority to establish a street or transportation utility. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council that this Council concurs with the findings of the above referenced report; and BE IT FURTHER RESOLVED by the Eden Prairie City Council that this Council supports the adoption of legislation creating the authority for cities to establish a street or transportation utility. ADOPTED by the Eden Prairie City Council on January 18, 2005. Nancy Tyra -Lukens, Mayor ATTEST: SEAL Kathleen Porta, City Clerk