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HomeMy WebLinkAboutCity Council - 04/17/2001AGENDA EDEN PRAIRIE CITY COUNCIL WORKSHOPIFORUM TUESDAY, APRIL 17,2001 500 - 655 PM, CITY CENTER HEFUTAGE ROOM 11 CITY COUNCIL: Mayor Jean Harris, Councilmembers Sherry Butcher, Ron Case, Jan Mosman, and Nancy Tyra- Lukens CITY STAFF: City Manager Chris Enger, Public Safety Director Jim Clark, Public Works Services Director Eugene Dietz, City Engineer A1 Gray, Community Development and Financial Services Director Don Uram, Management Services Director Natalie Swagged, City Attorney Ric Rosow, and Recorder Lorene McWaters I. CALL MEETING TO ORDER - MAYOR JEAN HARRIS 11. APPROVAL OF AGENDA 111. CIP CURRENT STATUS IV. OTHER TOPICS V COUNCIL FORUM VI. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL TUESDAY, APRIL 17, 2001 7:OO PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Jean Harris, Councilmembers Sherry Butcher, Ronald Case, Jan Mosman, and Nancy Tyra-Lukens CITY STAFF: City Manager Chris Enger, Parks & Recreation Services Director Bob Lambert, Public Works Services Director Eugene Dietz, Community Development and Financial Services Director Don Uram, City Attorney Ric Rosow and Council Recorder Peggy Rasmussen I. 11. III. IV. V. VI. ROLL CALL / CALL THE MEETING TO ORDER PLEDGE OF ALLEGIANCE COUNCIL FORUM INVITATION APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MINUTES A. B. CONSENT CALENDAR COUNCIL WORKSHOP HELD TUESDAY, APRIL 3,2001 CITY COUNCIL MEETING HELD TUESDAY, APRIL 3,2001 A. B. C. D. E. CLERK% LICENSE LIST LIBERTY PLACE - BUILDING B by Liberty Limited Liability Partnership. 2nd Reading for Planned Unit Development District Review with waivers on 6.84 acres, Zoning District Amendment within the Office Zoning District on 6.84 acres, and Site Plan Review on 6.84 acres. Location: Smetana Lane (Ordinance for PUD District Review and Zoning Amendment and Resolution for Site Plan Review) ADOPT RESOLUTION APPROVING FINAL PLAT OF LIBERTY PLACE 2ND ADDITION ADOPT RESOLUTION APPROVING FINAL PLAT OF LOIS TOBIAS ADDITION APPROVE CHANGE ORDER NO. 1 TO CONTRACT FOR WELL PUMP HOUSE NO. 14, I.C. 99-55OOA CITY COUNCIL AGENDA April 17,2001 Page 2 F. APPROVE PROPOSAL FROM GOODPOINTE TECHNOLOGY TO PROVIDE PAVEMENT EVALUATION SERVICES G. DECLARE VEHICLES SCHEDULED FOR REPLACEMENT TO BE SURPLUS PROPERTY AND AUTHORIZE STAFF TO DISPOSE OF THE VEHICLES AT PUBLIC AUCTION H. . AWARD CONTRACT FOR FRONT ENTRY DOORS AT THE EDEN PRAIRIE COMMUNITY CENTER I VII. PUBLIC HEARINGS / MEETINGS A. B. C. I D. E. APPLICATION FOR STATE NATURAL AND SCENIC AREA GRANT FOR BIRCH ISLAND WOODS VACATION OF RIGHT-OF-WAY ADJACENT TO PRAIRIE CENTER DRIVE, VACATION 01-04 (Resolution) REDSTONE GRILLE by Redstone, Inc. Request for Guide Plan Change fi-om Office to Regional Commercial on 2.97 acres, Planned Unit Development Concept Review on 4.81 acres, Planned Unit Development District Review with waivers on 2.97 acres, Zoning District Change fiom Rural to C-Reg-Ser Zoning District on 1.76 acres and fiom Office to C-Reg-Ser Zoning District on 1.21 acres, Site Plan Review on 2.97 acres, and Preliminary Plat of 4.81 acres into 1 lot, 1 outlot, and right-of-way. Location: Eden Road. (Resolution for Guide Plan Change, Resolution for PUD Concept Review, Ordinance for PUD District Review and Zoning Change, and Resolution for Preliminary Plat) LIND ADDITION Eric Lind. Request for PUD Concept Review on 1.68 acres, PUD District Review with waivers on 1.68 .acres, Zoning District Change fiom Rural to R1-22 Zoning District on 1.18 acres and Zoning District Amendment within the R1-22 Zoning District on .50 acres, and Preliminary Plat of 1.68 acres into 3 lots. Location: Southeast corner of Eden Prairie Road and Scenic Heights Road. (Resolution for PUD Concept Review, Ordinance for PUD District Review, Zoning Change and Zoning Amendment, and Resolution for Preliminary Plat) ADC TELECOMMUNICATIONS SIGN PACKAGE by ADC. Request for Planned Unit Development Concept Amendment on 91.03 acres, Planned Unit Development District Review with waivers on 91.03 acres, and Zoning District Amendment within the 1-5 Zoning District on 91.03 acres. Location: Technology Drive. (Resolution for PUD Concept Amendment, Ordinance for PUD District Review and Zoning Amendment) Vm. PAYMENT OF CLAIMS I CITY COUNCIL AGENDA April 17,2001 Page 3 Ix: ORDINANCES AND RESOLUTIONS A. AMENDMENT NO. 1 TO CONSTRUCTION COOPERATIVE AGREEMENT FOR CSAH 1 (PIONEER TRAIL) (Resolution) X. PETITIONS, REOUESTS AND COMMUNICATIONS A. REOUEST FOR 42” GRAVE MARKER AT PLEASANT HILL CEMETERY B. REOUESTS FROM FRIENDS OF BIRCH ISLAND WOODS XI. REPORTS OF ADVISORY BOARDS & COMMISSIONS XII. APPOINTMENTS XIII. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER C. D. REPORT OF PARKS AND RECREATION SERVICES DIRECTOR REPORT OF COMMUNITY DEVELOPMENT AND RINANCIAL SERVICES DIRECTOR E. REPORT OF PUBLIC WORKS SERVICES DIRECTOR 1. Morraine Wav Pond Evaluation REPORT OF PUBLIC SAFETY SERVICES DIRECTOR REPORT OF MANAGEMENT SERVICES DIRECTOR F. G. H. REPORT OF CITY ATTORNEY XIV. OTHER BUSINESS ‘ A. CLOSED SESSION ON LITIGATION XV. ADJOURNMENT UNAPPROVED MINUTES / EDEN PRAIRIE CITY COUNCIL WORKSHOPD’ORUM TUESDAY, APRIL 3,2001 5:00-6:55 PM, CITY CENTER EIERITAGE ROOMS I & 11 CITY COUNCIL: Mayor Jean Hank, Councilmembers Sherry Butcher, Ron Case, Jan Mosman, Nancy Tyra-Lukens CITY STAFF: City Manager Chris Enger, Public Safety Director Jim Clark, Manager of Building Inspections Kevin Schmieg, Public Works Services Director Eugene Dietz, Community Development and Financial Services Director Don Uram, City Attorney Ric Rosow, Recorder Lorene McWaters I. CALL MEETING TO ORDER- MAYOR JEAN HARRIS Mayor Harris called the meeting to order at 5:30 p.m. 11. APPROVAL OF AGENDA 111. SEPTIC SYSTEM INSPECTION PROGRAM I Manager of Building Inspections Kevin Schmieg provided an overview of septic systems in Eden Prairie. He explained that homes without access to municipal facilities have on-site wastewater collection and treatment systems known as septic systems. There are two types of septic systems, trench drain ($8,000-$10,000 each) and mound ($15,000 each). Septic systems include a drainage system that kills diseases as they pass through a “biomat.” A failed septic system can result in: . . Contamination of well water, which causes diseases such as hepatitis and dysentery Environmental damage, including untreated water containing nutrients such as phosphorus running into lakes, resulting in algae blooms A septic system inspection program would test for failures, which are most commonly caused by: . . = Improper maintenance - Failure can occur if a system is not pumped on a regular basis Physical damage - Driving of vehicles or equipment over the septic system Improper construction -A cesspool is a type of septic system which consists of tank without a bottom that may deposit wastewater directly into the water table Improper Placement - Some septic systems are constructed too close to a shoreline area I In the early 1990s there were approximately 750 septic systems in Eden Prairie. Today there are 437 known septic systems and an unlcnown number at Flying Cloud. Approximately 170 septic systems are in areas where municipal sewer service is available. Owners of these properties have chosen not to pay the “hook up” fee and connect to the City’s system and, to date, have not been required to do so. COUNCIL WORKSHOP MINUTES April 3,2001 Page 2 The State of Minnesota has mandated that each county adopt a septic system inspection ordinance. The Hemepin County ordinance requires compliance inspections of existing systems: Upon receipt of a buildindland use permit application in shoreland management areas Upon receipt of notice of a potential failure Upon permit application for a proposed bedroom addition If a s,ystem passes inspection, a certificate of compliance is issued. If a system fails one of two types of notices of noncompliance is issued. I Notice of Failing System - In this case, the system must be replaced within three years. This deadline can be extended for up to two years with permission fi-om the County. . Notice of Imminent Health Threat - If the failing system is deemed to pose an imminent health threat, the owner is ordered to upgrade the system within 10 months. If the failing system is deemed a public nuisance, the County can also order immediate pumping. Schmieg explained that municipalities have the option of adopting and enforcing their own septic inspection ordinance, as long as it is at least as strict as the county’s ordinance. Schmieg and Public Works Services Director Dietz presented five options for septic inspection programs for Council consideration, based on the following assumptions: Public utilities will eventually be available City-wide and all properties will be connected Any additional regulation will be considered unacceptable by some residents Most failed systems will require a replacement by a mound system, costing up to $15,000 The majority of existing septic systems will not meet current requirements and will be classified as “failed systems” . . I Option 1 - Do NothindCounty-Regulated Promam . The City would not be able to grant variances under this option. Also, the City may not have the option of switching to a City-regulated program later Option 2 - Basic Promam/Rewlated by the City . a This program would follow the County guidelines, but be would administered by the City The City could grant variances and time extensions ODtion 3 - Intermediate ProgamRemlated bv the City . This program would include annual inspections either by City staff or a consultant. These inspections would cost approximately $1 10 apiece a COUNCIL WORKSHOP MINUTES April 3,2001 Page 3 I I IV. , Option 4 - Proactive PromamRemlated bv the City Would include the following: - Annual inspection program - Establishment of a specific time fime to make public utilities available throughout the City - Require connection to City sewer within 10 months for leaking systems - New streets, curbs and gutters, and storm sewer as part of the $20,000 assessment Option 5 - Ouick Response PromamRegulated by the City . The same as Option 4, plus: - Would require all properties to be connected to City sewer within two years of availability regardless of condition of septic system - Deitz estimated utility connection could be made available to all within five years, once a program is approved Dietz said he favors Option 4 or 5. He pointed out it will take a very long time to provide sewer service throughout the City, if City continues its current policy of waiting for a petition to be filed before beginning a project. A sewer project can take up to five years to complete when the consensus-building phase of a project is taken into consideration. Dietz admitted there would be resistance to Option 5, but that it would get the job done. He asked for input fiom the Council. Councilmember Case said he favors a modified Option 4, which he feels would provide utilities to all and would solve failed septic system problems for anyone who currently has the option of connecting to City sewer. Dietz asked what needed to be done for the Council be able to choose one of the options. Mayor Harris said the Council needed to review the draft ordinance provided by Schmieg. She suggested adopting an Ordinance that calls for a City-regulated inspection program similar to the County’s, and then deciding on further action later. Harris asked City Attorney Ric Rosow to review the Ordinance and present it at the first Council Meeting in May. Dietz said that he would begin the process of selecting a consultant and present a proposal to evaluate Option 4 at a future Council meeting. COUNCIL FORUM A. ZERO EXPANSION 8 Laurie Pepper distributed a copy of the Flying Cloud Airport Q & A document that Zero Expansion plans to post on their web site. She asked for City input on the document. Mayor Harris noted that City staff had drafted an airport “fact sheet” to for the City’s web site. Pepper asked if the Council had reviewed the Zero Expansion surveys she submitted at the previous Workshop. Councilmember Mosman asked for a Council action to have staff collate the survey results. Pepper said she had already tallied the surveys and distributed the results to the Council along with a packet of sheets containing citizen comments. Mark Michelson requested a document that Don Uram had presented at the February 10,2001, Special Meeting. 3 COUNCIL WORKSHOP MINUTES April 3,2001 Page 4 B. FRlENDS OF BIRCH ISLAND WOODS Jeff Strate updated the Council on proposed legislation regarding Birch Island Woods. He said the bill had passed through the Policy Committee and was before the Finance Committee. Strate acknowledge that the County had expressed concern over a number of elements in the bill. Strate distributed a map showing two parcels (D & E) the County has indicated they wish to retain for a possible parking lot or transit station. Strate said Friends believes any parking lot or transit station should be located on the current asphalt plant site. City Manager Enger noted that, to date, the Council had authorized staff to negotiate only for Parcel A of the Birch Island purchase. Enger said current Council action does not align the City with the legislation supported by Friends of Birch Island Woods. He said he is concerned that if the legislation fails, some individuals may expect the City to acquire Parcels A, D and E. Enger said he had also been contacted by the owners of the Picha parcel, and they indicated they have no intent to hold their property off the market but they are considering giving the City thefirst option to purcase. I Woods, and under the condition that the City obtain a grant to help cover the Mosman asked if it would be possible to support legislation that includes Parcels D and E, without committing the City to buy those parcels if the legislation fails. Enger said this would be incongruous with work the City has done with the County on purchasing Parcel A. Mayor Harris assured the Friends of Birch Island Woods that the City would continue to work toward obtaining the property. V. ADJOURNMENT Mayor Harris adjourned the meeting at 6:55 p.m. f 4 I UNAPPROVED MINUTES TUESDAY, APRIL 3,2001 EDEN PRAIRIE CITY COUNCIL 7:OO PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Jean Harris, Councilmembers Sherry Butcher, Ronald Case, Jan Mosman, and Nancy Tyra-Lukens CITY STAFF: City Manager Chris Enger, Parks & Recreation Services Director Bob Lambert, Public Safety Director Jim Clark, Public Works Services Director Eugene Dietz, Community Development and Financial Services Director Don Uram, City Attorney Ric Rosow and Council Recorder Peggy Rasmussen I. / 11. III. IV. V. I ROLL CALL / CALL THE MEETING TO ORDER Mayor Harris called the meeting to order at 7:09 p.m. PLEDGE OF ALLEGIANCE COUNCIL FORUM INVITATION Mayor Harris said Council Forum is held the first and third Tuesdays of the month fi-om 6:30 - 6:55 p.m. in Heritage Room 11. This will be scheduled time following City Council Workshops and immediately preceding regular City Council Meetings. It is important if you wish to visit with the City Council and Service Area Directors at this time that you notify the City Manager’s office by noon of the meeting date with your request. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: published. Motion carried 5-0. Tyra-Lukens moved, seconded by Butcher, to approve the agenda as MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, MARCH 20,2001 MOTION: Butcher moved, seconded by Case, to approve the minutes of the Council Workshop held Tuesday, March 20,2001, as published. Motion carried 5-0. , E. CITY COUNCIL MEETING HELD TUESDAY, MARCH 20,2001 Harris made corrections on page 9. In the second paragraph, the second sentence should read “She also spoke with Representative Jim Oberstar, . . .” The first sentence in the fourth paragraph was corrected to read “. . . the National Organization to Insure a Sound-Controlled Environment (NOISE).” Subsequent referrals to the acronym on pages 9 and 10 were also corrected. cITYcouNcILMINuTEs April 3,2001 Page 2 MOTION: Case moved, seconded by Tyra-Lukens, to approve the minutes of the City Council Meeting held Tuesday, March 20, 2001, as published and amended. Motion carried 5-0. VI. CONSENT CALENDAR A; CLERK’S LICENSE LIST B. SUNNYBROOK PLACE by Baton Corporation. 2nd Reading for Planned Unit Development District Review with waivers on 7.71 acres, Zoning District Change fiom Rural to RM-6.5 Zoning District on 7.71 acres, and Site Plan Review on 7.71 acres. Location: Sunnybrook Road (Ordinance No. 11-2001-PUD-6-2001 for Zoning District Change and Resolution No. 2001-56 for Site Plan Review) C. ADOPT RESOLUTION NO. 2001-57 APPROVING FINAL PLAT OF ROLLING HILLS D. AWARD CONTRACT FOR 2001 STREET STRIPING TO PRECISION PAVEMENT MARKING, I.C. 01-5533 E. APPROVE THE RELEASE OF LAND FROM SPECIAL ASSESSMENT AGREEMENT FOR LOT 3, BLOCK 2, BELL OAKS SECOND ADDITION, S.S.A. 89-06 F. APPROVE LIMITED USE PERMIT AGREEMENT WITH MNDOT FOR A TRAIL WITHIN TH212 RIGHT-OF-WAY ALONG BRYANT LAKE DRIVE I G. ADOPT RESOLUTION NO. 2001-58 REJECTING BIDS FOR MID MOUNT AERIAL PLATFORM WIRE APPARATUS) MOTION: Consent Calendar. Motion carried 5-0. Tyra-Lukens moved, seconded by Case, to approve Items A-G on the VII. PUBLIC HEARINGS / MEETINGS VIII. PAYMENT OF CLAIMS MOTION: Case moved, seconded by Butcher, to approve Payment of Claims. Motion was approved on a roll call vote, with Butcher, Case, Mosman, Tyra-Lukens and Harris voting “aye.” E. ORDINANCES AND RESOLUTIONS X. PETITIONS, REQUESTS AND COMMUNICATIONS I A. UPDATE ON GOLDEN TRIANGLE TRANSPORTATION MANAGEMENT ORGAMZATION 2 cITYcoUNcILMINuTEs April 3,2001 Page 3 f f Mosman introduced Irene Wright, Executive Director of the Golden Triangle Transportation Management Organization. Mosman said she and Ms. Wright have been working together on the 1-494 Corridor Commission. Ms. Wright was hired to organize a Traffic Management Association (TMA) within the Golden Triangle of Eden Prairie. She is helping businesses develop solutions to area traffic problems, which are intense, because half of the jobs in Eden Prairie are located here. The TMA is a joint effort of the City, the Metropolitan Council, the 1-494 Corridor Commission, MnDOT and area businesses. There is momentum building among the businesses within the Golden Triangle to join the TMA, as they see the need for creative traffic sdlutions. Mosman said Ms. Wright will explain why that intensity of concern has dissipated at present and when it will likely return, along with the urgent demands to improve traffic flow. Ms. Wright is looking into starting TMAs in other areas of the City as well. Mosman and Wright are planning to meet this week with the new Chair of the Eden Prairie Chamber of Commerce, John Rooney. Wright said she began work on May 15, 2000. She is an Eden Prairie resident. The TMA consists of private industry members who are interested in improving traffic congestion and increasing traffic flow in and out of the Golden Triangle area. The Golden Triangle is bounded by Highway 169,I-494, and Highway 62. The TMA is part of a Regional Demonstration Project. Funding for the TMA comes fkom a Congestion Mitigation Air Quality (CMAQ) grant, which is being used to pay TMA expenses through December 2001. The demonstration project has a multi-level strategy to reduce congestion. One is a traffic study identifying specific intersections and specific infjrastructure projects that will help improve traffic flow in and out of the area. The consultant group, SRJ?, has completed this study. The market-research portion has handled some employee focus groups to discuss what types of incentives, if any, would persuade them to carpool. Also there is a telephone survey being conducted to obtain the same information. A study will test those incentives this summer. The other strategy is a study of development within the Golden Triangle area, which is heavily industrial. There are still 40 open acres to develop and, with single-level office buildings, room for redevelopment within the area. Businesses are willing to come together and work toward some solutions, so now it is a matter of setting priorities to move fornvard. Membership in TMA is voluntary, and there are currently 15 members, including some property managers. The TMA speaks on transportation matters for all employees in that specific area. The TMA members pay annual dues, which can be used to support the administration of the TMA, provide new incentives to employees for ride-sharing, for transit, or for new local infrastructure improvements. The dues structure has been put on hold while a work plan is being developed and while the members determine what types of projects they want to promote. Dues are set depending on the size of the building the member owns, or size of employment if the member is a property manager. Wright is now working on the plan for 2001-2002. There are 26,000 employees in the Golden Triangle area. The 15 TMA members represent about 7,400 3 CITYCOUNCTLMINUTES April 3,2001 Page 4 employees. The TMA has collected $18,000 in dues the first year. The core group of members is innovative, attends meetings regularly, and has committed time to get transportation management strategies in place in the buildings they own or manage. Wright has contacted 193 employers in the Golden Triangle, most of which have 50 or more employees. That is 30 percent of the 553 employers in the area. She has exhausted the list of larger companies in the Golden Triangle and is now working on smaller companies to recruit members for the TMA. Some have only ten or twenty employees and don’t think they contribute to the traffic congestion. However, there is a growing consensus among the businesses she has met with that they want to do something. The vision of TMA members is they want to promote an efficient transportation system that produces a healthier environment for the Golden Triangle commerce and community. They are continuing with various activities. In April they will be contacting employers to obtain an employee survey sample to use for TMA incentive testing. This summer they will start testing some strategies fiom the surveys and focus groups to see if they are viable. They will work with transit operators to see what strategies can be implemented. For example, employees may be interested in joining a car pool where they would exchange lane miles for flight miles or gifts. She is hoping to make more than just Transportation Demand Management (TDM) part of their TMA. Other changes would be development and redevelopment, such as working with the City to see how to bring in mixed-land use, with the hope of having housing available to keep employees in the area. She is working with employers to change hours of work, which would make it easier for employees to get in and out of the Golden Triangle. The timing of ramp meters was reduced by MnDOT to a maximum of four seconds, so there is not as much of a problem getting out of the Golden Triangle area. Butcher she understood the program is funded through the end of the year and asked what will happen then. Wright hoped the TMA would be self-sufficient by then because of the dues paid by the members. That should be enough to keep the staff going and can be used to leverage funding for infiastructure improvements or move them up closer to the top of the list of projects. Butcher said she would like to see the plan fulfilled and hoped Wright’s position would remain for a few years. Wright said she believed the TMA would want to keep someone in place to continue working specifically for this cause. Tyra-Lukens asked if there are models for effective TMAs within the Twin Cities’ area. Wright replied the Golden Triangle TMA is the first of its kind in Minnesota and is the model for the state. There are some others, mostly on the east and west coasts. They exist primarily because of the need to reduce pollution emissions fiom cars and trucks. Now, with pollution reduced, TMAs are not a requirement for businesses but are strongly suggested. In Eden Prairie TDM plans are strongly suggested. There is a lot of potential to increase the number of TDM plans. 4 cTTycouNcILMINuTEs April 3,2001 Page 5 I I Mosman said Wright referred to a long list and a short list of goals, and asked if she would be submitting those goals to the City to get support for them. Wright said she definitely would be doing that. She is working on the first draft of a work plan. From that work plan, and also fiom meeting with the City engineers, she is going through the traffic study identifyizlg projects to work on. She also wants to contact each employer in the Golden Triangle and ask what types of things they want to see done in order, to find out what they perceive the problems are. The short list is goals to be reached in 90 days and the long list is goals for the next two years. She was sure she would be coming to the City for support for these projects. Case asked Enger if the City is allowed to mandate TMA membership as part of the developer’s agreement for new development or redevelopment in the Golden Triangle area. Enger replied the City has not mandated TMA membership so far, but in each development agreement the Council has required the developer to include a TDM plan. As Ms. Wright indicated, these businesses are not in the Transportation Demand Management business and, to the extent that they are multi-tenant buildings, it has not been very cost-effective for them to hire a coordinator and do it on a per-building basis. The Council has been requiring developers to have TDM plans. He suggested an alternative idea, that they could choose membership in a TMA. However, he was not sure membership in a TMA costs enough to really offset what it would cost them to meet the requirement of the development agreement. For example, it may cost a company $100,000 per year to hire a coordinator for their 200,000 square-foot building, and then the cost to run a program and give incentives to employees beyond that. If their membership in the TMA costs perhaps $5,000 a year, a real disparity exists there. He and the Council would need to talk about that. He believed real progress could be made in that relationship between either the requirement for a TDM plan or giving credit for membership in the TMA. It was just that the TMA needed to get up and to the point where the services it offered were as effective or comparable to what you would require in the development agreement, but done on a global basis. Case asked if Enger thought the City was to the point where TMA membership could be part of the TDM that the City mandates. Enger said he would want to look at that, but it sounded like a good idea. Wright said she also approaches employers asking them to utilize the team of people supporting the program - the TMA, the transit providers and Metro Commuter Services. She tells them to use the team as an extension of the company to help find out what is available to their employees, because there are subsidies and many incentives that employers don’t know about. She will then help get the program going for them. Mayor Harris said the work Wright is doing is critical, because the Golden Triangle is a very vital area, and to the extent it thrives so does the City. She thanked Wright and asked her to continue the good work. cITYcouN~MINcJTEs April 3,2001 Page 6 I Suzanne Zutter, Business Liaison with Southwest Metro Transit, said her job was made possible because of the Congestion Mitigation Air Quality grant. She was hired by Southwest Metro primarily to organize van pools for businesses located in Eden Prairie, Chanhassen and Chaska to provide suburb-to-suburb transportation. Many employees come fiom other areas for entry-level positions and don’t have transportation. Southwest Metro leases vans and provides insurance, fuel and maintenance of the vehicles. The driver gets the use of the van at no cost, and passengers pay the same amount as the bus fare would be. Currently there are eleven vans on the road. Of the eleven, three are going to Best Buy in the Golden Triangle area. They hope to get more vans. The program is funded through December 2002. Tyra-Lukens asked about “van wraps”, which is advertising on the outside of the vans. Zutter said she has had a number of phone calls about this. It is estimated about 250,000 people would see the advertising. Mayor Harris congratulated Zutter on Southwest Metro’s advertising brochure, which not only has good information but also has eye appeal. Getting people into van pools helps to relieve traffic congestion. B. PRESENTATION FROM HABITAT FOR TECHNOLOGY Enger stated that this has been rescheduled to the Council Meeting on April 17. XI. REPORTS OF ADVISORY BOARDS & COMMISSIONS XII. APPOINTMENTS XIII. REPORTS OF OFFICERS ’ A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER 1. Set dates for Council Effectiveness Retreat and Joint Council/ Community Propram Boardmarks & Recreation Citizen Advisory Commission Workshop on Communi@ Survev Results Enger said the Council decided to hold an overnight Council Effectiveness Retreat at a local conference center, and. after checking dates with all participants, April 27 and 28 was found to be the best time. Staff contacted the Oak Ridge Conference Center in Chaska and has made preliminary plans to hold the meeting there on those dates. Leadership Consultant Carl Neu is available to attend on those dates. At the March 20 Council Workshop, the Community Survey results were presented. A suggestion was made by a member of the Community Program Board that it would be worthwhile to have an opportunity for the Council, Community Program Board, and Parks and Recreation Citizen 6 CITYcoUNmMINITTEs April 3,2001 Page 7 Advisory Commission to meet jointly to discuss the results, as well as to give the Boards and Commissions directions from the Council in use of the survey data to set courses of action. After reviewing the Council schedule, staff determined the May 1,2001, Council Workshop is the first opportunity to hold such a meeting. I MOTION: Tyra-Lukens moved, seconded by Case, to set April 27 and 28, 2001, as rescheduled dates for a Council Planning Retreat; and to set the May 1, 2001, Council Workshop as a joint meeting with Parks and Recreation Citizen Advisory Commission and Community Program Board. Motion carried 5-0. 2. Metropolitan Airports Commission PlanninP and Environment Committee Meeting Enger reported a meeting of the above committee was held that afternoon, April 3, to consider setting a public hearing on June 15,2001, to determine whether or not Ordinance 51 should be amended or repealed. It was removed from their Consent Calendar so people could speak to the issue. I Tom Heffelfinger, Chair of the Flying Cloud Advisory Commission, encouraged the Planning and Environment Committee not to set the public hearing for June 15, but to table a decision to the July 10 meeting of the Committee. City Attorney Ric Rosow also spoke, as he wanted to make the Planning and Environment Committee aware of the City Council’s motion on March 6,2001, which further committed the Council’s support of the mission to work on resolution of the Ordinance 51 issue. There were also presentations by Kim Vohs of Zero Expansion and Gary Demee of Zero Expansion, who is a newly appointed member of the Flying Cloud Advisory Commission. The Planning and Environment Committee tabled their motion, did not take action, and will revisit this item on July 10. Enger said Peter Kirsch and his associate, Dan Reimer, were in attendance to observe the proceedings and get background information. He and Rosow met with them afterward, and they were to meet with the Council in the closed session at the end of the Council meeting. C. REPORT OF PARKS AND RECREATION SERVICES DIRECTOR D. REPORT OF COMMUNITY DEVELOPMENT AND FINANCIAL I SERVICES DIRECTOR E. REPORT OF PUBLIC WORKS SERVICES DIRECTOR 1. Water Management Planning Task Force Dietz explained that a task force is required for both the Local Water Management Plan (LW) and Wellhead Protection Plan0;vHpP); two 2. cITYcouNclLMI[NuTEs April 3,2001 Page 8 issues the City is currently working on. Because the focus of the two plans is similar, protection of surface and ground water, the staff suggested putting them together. Councilmembers received the Charter Statement for the task force in their packet of information. The meetings will begin this spring. The purpose would be to provide input to staff for development of these two plans. The second request was to appoint people to the task force. It is suggested that there be one Councilmember. A member of the Community Planning Board has been asked to serve on the task force. The suggested format for citizen participation is that there be a well-driller and a business person, and they have been secured. Five residents have also been asked, and all are very well qualified. Four are technical specialists in the water and biology fields and the fifth is an expert in community affairs. Dietz asked Council to adopt the Charter Statement naming the task force and to appoint the members to the task force. , MOTION: Case moved, seconded by Tyra-Lukens, to create a Task Force and adopt a Charter Statement for the Local Water Management Plan and the Wellhead Protection Plan. Motion carried 5-0. Mayor Harris said she would like to appoint Jan Mosman as the Council's representative, and Sherry Butcher as her alternate. Both have accepted. MOTION: Tyra-Lukens moved, seconded by Case, to appoint Councilmember Jan Mosman, and Councilmember Sherry Butcher as her alternate, Ray Stoelting, Mark Namtvedt, Matt Schultz, Terry Jorgenson, Bruce Shaepe,.David Veith, Kim Vohs and Jennifer York to the Water Management Planning Task Force. Motion carried 5-0. I F. REPORT OF PUBLIC SAFETY SERVICES DIRECTOR G. H. REPORT OF CITY ATTORNEY REPORT OF MANAGEMENT SERVICES DIRECTOR XIV. OTHER BUSINESS A. CLOSED SESSION ON POTENTIAL LITIGATION Rosow requested adjournment to a closed session on potential litigation. XV. ADJOURNMENT Mayor Harris adjourned the meeting to a closed session at 7:50 p.m. SECTION: Consent Calendar 1 April10,2001 SERVICE AREA/DMSION: Community Development & Financial Serviced Gretchen Laven ITEM DESCRIPTION: Clerk’s License Application List ITEM NO.: EA, These licenses have been approved by the department heads responsible for the licensed activity. Commercial Lawn Fertilizer Applicators Ticen’s Pro Care Green Stuff Lawn Treatment Fairway Green Lawncare, Inc. Fertilawn Raffle Organization: Wings of the North Place: Executive Aviation Date: July 15,2001 -1- CITY COUNCIL AGENDA SECTION: Consent Agenda DATE: 04/17/0 1 SERVICE AREADIVISION: Community Development ITEM DESCRIPTION: Donald R. Uram Michael D. Franzen ITEM NO.: E23 1 Liberty Place - Building B Requested Action Move to: 0 Approve 2nd Reading of the Ordinance for PUD District Amendment on 6.84 acres and Zoning District Amendment within the Office Zoning District on 6.84 acres; and Adopt the Resolution for Site Plan Review on 6.84 acres; and 0 Approve the Supplement to the Developer’s Agreement for Liberty Place - Building B. Synopsis This is a one story, 56,302 sq. ft. office building located north of Smetana Lane. Attachments 1. 2. 3. Ordinance for PUD District Amendment and Zoning Amendment Resolution for Site Plan Review Supplement to the Developer’s Agreement LIBERTY PLACE - BUILDING B CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 12-2001-PUD-7-2001 AN ORDINANCE OF THE CITY OF EDEN PKAIRIE, MINNESOTA, AMENDING CERTAIN LAND WITHIN A ZONING DISTRICT, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be amended within the Office Zoning District 12-2001-PUD-7-2001 (hereinafter "PUD-7-2001 -Office"). Section3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of April 17, 2001, entered into between Liberty Limited Liability Partnership and the City of Eden Prairie, (hereinafter "Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD-7-2001-0ffice, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. Plan of the City. PUD-7-2001-Office is not in conflict with the goals of the Comprehensive Guide B. environment within its own boundaries. PUD-7-2001-Office is designed in such a manner to form a desirable and unified C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-7-2001-Office are justified by the design of the development described therein. D. PUD-7-2001-Office is of sufficient size, composition, and arrangement that its construction, marketing, and operation is feasible as a complete unit without dependence upon any subsequent unit. a Section5. The proposal is hereby adopted and the land shall be, and hereby is amended within the Office Zoning District and shall be included hereafter in the Planned Unit Development 7-2001-Office and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly, Section 6. City Code Chapter 1 entitled "General Provisions and Defhitions 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. Section7. This Ordinance shall become effective fiom and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 3rd day of March, 2001, 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 17th day of April, 2001. ATTEST: Kathleen A. Porta, City Clerk Jean L. Harris, Mayor PUBLISHED in the Eden Prairie News on 3 EXHIBIT A Liberty Place - Building B Legal Description: Lot 2, Block 1, Liberty Place LIBERTY PLACE - BUILDING B CITY OF EDEN PRATRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 12-2001-PUD-7-2001 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING THE ZONING OF CERTAIN LAND WITHIN ONE DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows amendment of the zoning of land located at Exhibit A, included with this Smetana Lane within the Office Zoning District. Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen A. Porta, City Clerk Jean L. Harris, Mayor PUBLISHED in the Eden Prairie News on the (A full copy of the text of this Ordinance is av’ailable from City Clerk.) S LIBERTY PLACE - BUILDING B CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2001- A RESOLUTION GRANTING SITE PLAN APPROVAL BY LIBERTY LIMITED LIABILITY PARTNERSHIP FOR LIBERTY PLACE - BUILDING B WEREAS, Liberty Limited Liability Partnership, has applied for Site Plan approval of Liberty Place - Building B on 6.84 acres for construction of a 55,000 square foot office building, to be zoned in the Office Zoning District on 6.84 acres by an Ordinance approved by the City Council on April 17,2001; and WHEREAS, the Community Planning Board reviewed said application at a public hearing at its February 26,2001 meeting and recommended approval of said site plans; and WHEREAS, the City Council has reviewed said application at a public hearing at its March 20,2001, meeting. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval be granted to Liberty Place - Building B, for the construction of a 55,000 square foot office building, based on plans dated March 9,2001, between Liberty Limited Liability Partnership, and the City of Eden Prairie. . ADOPTED by the City Council on April 17,2001. Jean L. Harris, Mayor ATTEST: Kathleen A. Porta, City Clerk 6 CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: April 17,2001 SERVICE AREADIVISION: ITEM DESCRIPTION: ITEM NO.: Engineering Services Randy Slick Eugene A. Dietz ZIC, Final Plat Approval of Liberty Place 2nd Addition Requested Action Move to: Adopt the resolution approving the final plat of Liberty Place 2nd Addition. Synopsis This proposal, located southeast of Valley View Road and adjacent to Smetana Lane consists of 14.8 acres. The plat consists of a minor lot line reconfiguration between Lot 1 and Lot 2. The reason for the reconfiguration is to align property line with parking lot layout in conformance with approved plans and the supplement to Developer's Agreement for Building B-Liberty Place. This is a replat of Lot 1 and Lot 2, Block 1 Liberty Place. Background Information The preliminary plat was approved by City Council March 21, 2000. Second Reading of the Rezoning Ordinance and final approval of the supplement to Developer's Agreement will be completed on April 17,2001. Approval of the final plat is subject to the following conditions: Receipt of engineering fee in the amount of $1,666.56 Provide a list of areas (to the nearest square foot) of all lots, outlots and road right-of- ways certified by surveyor 0 Variance granted fiom City Code 12.20 subd.2.4 waiving the six-month maximum time lapse between preliminary plat and final plat. Attachments Dr3wing of final plat CITY OF EDEN PRAzRlE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF LIBERTY PLACE 2m ADDITION WHEREAS, the plat of Liberty Place 2nd Addition has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and re WHEREAS, said plat is in all respects consiStent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRTE CITY COUNCIL: A. Plat approval request for Liberty Place 2nd Addition is approved upon compliance with the recommendation of the City Engineer's report on this plat dated April 17, 2001. B. That the City Clerk is hereby directed to supply a certified copy of this resolution to the owners and subdidders of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on April 17,2001. ATTEST: Jean L. Harris, Mayor SEAL Kathleen A. Porta, City Clerk r 1 I CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: April 17,2001 SERVICE AREALDMSION: ITEM DESCRIPTION: Public Works Engineering Services Randy Slick Eugene A. Dietz Final Plat Approval of Lois Tobias Addition ITEM NO.: Requested Action Move to: Adopt the resolution approving the final plat of Lois Tobias Addition and authorize the Mayor to execute the document. Synopsis This proposal is located at 9140 East Sunrise Circle, the plat consists of 1.40 acares to be divided into two single family lots. Lot 2 is the site of the existing Tobias homestead and Lot 1 is a newly created lot for a future building site. Background Information The preliminary plat was approved by the City Council March 20,2001. This property is zoned R1-22 and no zoning changes are proposed with this project. Approval of the final plat is subject to the following conditions: 0 Receipt of engineering fee in the amount of $288.00 0 Receipt of street lighting fee in the amount of $584.10 0 Execution of Special Assessment Agreement for trunk utility improvements 0 Provide a list of areas (to the nearest square foot) of all lots, outlots and road right-of- ways certified by surveyor Attachments Drawing of final plat I CITY OF EDEN PRAIRIE HENPIEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING FIN& PLAT OF LOIS TOBIAS ADDITION WHEREAS, the plat of Lois Tobias Addition has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRATRIE CITY COUNCIL: A. Plat approval request for Lois Tobias Addition is approved upon compliance with the recommendation of the City Engineer’s report on this plat dated April 17, 2001. B. That the City Clerk is hereby directed to supply a certified copy of this resolution to the owners and subdividers of the above named plat. C. . That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on April 17,2001. ATTEST: Jean L. Harris, Mayor SEAL Kathleen A. Porta, City Clerk a --.... ,,...-- -- 5 W.lO'W" E 102595 --..... ,.A 4, pi ..f. z.... : :> ::,; I .,...... S 00*10'00" E ... -9.. *. B: -... 3182a ESC. .................... ,!....I' S 00.1 I' 12" E 318.47 MAS ... I ;...i . ... 1.d 3 - 0 ?J 0 0 0 Z 0 CITY COUNCIL AGENDA SECTION: Consent Calendar SERVICE AREA/DMSION ITEM DESCRIPTION: I.C. 99-55OOA Public Works Services Eugene A. Dietz Approve Change Order No. 1 to Contract for Well Pump House No. 14 DATE: April 17,2001 ITEM NO.: =\E Requested Action I Move to: Approve Change Order No. 1 to the contract with Terranova, LLC for Well Pump House No. 14 in the amount of $1,840. Synopsis During design, assumptions were made regarding the depth to water based on previous experience. In fact, the well pump setting has to be modified fiom the specified 190 feet to a 210-foot depth. This change order compensates the contractor for that additional work. Background Information Well Pump House No. 14 is nearly completed and it appears that only one change order will be forthcoming from the contractor. This change order increases the project cost by $1,840.00 to $246,740.00. The modifications to increase the well pump setting are a logical outcome from converting design assumptions to final conditions in the field. Staff recommends approval of the Change Order. Attachments Copy of Change Order I I CHANGE ORDER TOLTZ, KING, DWALL, ANDERSON AND ASSOCIATES, INCORPORATED . Engineers-Architects-Planners Saint Paul, MN March 12 20 01 Corn. NO. 11922-03 Change Order No. 1 To Terranova, LLC for Construction of Well Pumphouse No. 14, Improvement Contract No. 99-5500 for City of Eden Prairie, Minnesota You are hereby directed to make the following change to your contract dated August 1, 2000. The change and the work affected thereby is subject to all contract stipulations and covenants. This Change Order will increase the contract sum by One Thousand Eight Hundred Forty and 00/100 Dollars ($ 1,840.00). Increase the well pump setting in the well from the specified 190 feet to 210 feet. This includes adding twenty feet of column pipe and pump line shaft and two threaded centering spider bearings. The pumping levels during test pumping of the well were greater than anticipated. NET CHANGE = Add Amount of Original Contract Additions approved to date (Nos. Deductions approved to date (Nos. 1 Contract amount to date Amount of this Change Order (Add) @e&&) (&+€kegel Revised Contract Amount : $ 1,840.00 $ 244,900.00 - $ $ 244,900.00 $ 1,840.00 $ 246,740.00 Approved City of Eden Prairie, Minnesota BY , )nq+ David L. Moore, P.E. I White - Owner Pink - Contractor Blue - TKDA CITY COUNCIL AGENDA SECTION: Consent Calendar I SERVICE AREAIDMSION: ITEM DESCRIPTION: I.C. 94-5351 Engineering Services Rodney W. Rue Services Eugene A. Dietz Approve Proposal for Pavement Evaluation DATE: April 17,2001 ITEM NO.: Requested Action Move to: Approve proposal fiom GoodPointe Technology to provide pavement evaluation. Synopsis These pavement evaluation services provide us with pavement condition data for our street network. This data is essential to utilizing our pavement management software. Background Information I We use our pavement management system to select maintenance options (seal coat, overlay, re- construct) for our entire street network that are the most cost-effective and timely. The pavement evaluation data is collected over the entire network on a three-year cycle (our last evaluation was in 1998). The estimated cost of this service is $37,500, which is proposed to be financed through the CIP budget for pavement management. Attachments GoodPointe Technology’s Proposal for Pavement Evaluation Services I I Client Copy-Page 1 of 2 @lease authorize and keep for your recoraS) Proposed Scope of Services - City of Eden Prairie Goodpointe Technology proposes to provide the City of Eden Prairie with the following services: . Task 1.0 Pavement Condition Survey, Data Entry and Delivery The Pavement Condition Index (PCI) data collection survey will cover the selected streets within the City of Eden Prairie pavement network. The surface condition survey proposed in this task is a walking survey in which 100 percent of the street surface will be surveyed. At a minimum, the following bituminous pavement distress types will be collected as part of the PCI Pavement Condition Survey: Alligator Cracking Flushing Potholes Block Cracking Heaving Raveling Bumps Lane-Shoulder Drop Off Reflective Cracking Corrugation LongitudinalEransverse Cracking Rutting Depression Patching Shoving Edge Cracking Polished Aggregate Slippage Cracking GoodPointe Technology will enter the dda fiom the pavement condition survey, calculate the PCI and then deliver the updated databases to the City for installation. The City will be able to run budget scenario runs immediately after the installation of the updated databases. ' Task 2.0 Executive Summary Report An executive summary report on the City pavement network will be deliveredto the City. This report will include the information collected in this project and will highlight: ' Current inventory mileage totals of the network according to the reporting categories defined in the City pavement management system (pavement type, functional class, neighborhood, etc.); The current pavement condition of the network according into the reporting categories mentioned above and summary information to show the overall trends in pavement condition for the last three pavement surface condition surveys (1995,1998,2001); An appendix which includes a listing of the pavement condition survey results for each pavement section (sorted by: ascendbgldescending PCI, alphabetical, etc.); and, 0 The completed report will be delivered to the City in MS Word format for storage and use in future presentations at the City. a Client Copy-Page 2 of 2 @lease authorize and keep for your records) Task Unit units Total cost cost 1 $180 per centerline mile 206 $37,080 2 Executive Summary 1 $420 Report: $420 Total Proposed Cost Estimate - City of Eden Prairie Pavement Evaluation Services City Signature Basis of Payment: GoodPointe Technology will provide the services described in this proposal for the following costs. After reviewing this document, please sign both copies. Keep one copy and return the other to GoodPointe Technology. Receipt of this letter will serve as our authorization to proceed. Invoices shall be submitted on a monthly basis with payment due immediately upon invoice. Total Authorized Amount: $ Authorized by: GoodPointe Technology Anthony J. Kadlec Vice President Accepted by: City of Eden Prairie Mayor: Date: City Manager: Date: 3 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar SERVICE AREADMSION: ITEM DESCRIPTION: ITEM NO.: Public Works Services Eugene A. Dietz for Disposal April 17,2001 I ar.3, Declaration of Surplus Property and Authorization Requested Action 4 Move to: Declare vehicles scheduled for replacement in 2001 per attachment to be surplus property; and Authorize staff to dispose of the vehicles at public auction. Synopsis The budget for 2001 contains a list of vehicles proposed for (attached). Although the Council adopted the budget, proper procedure dictates that Council also declares that the equipment is sqlus property and that it can be disposed of at public auction. Background Information The vehicles scheduled for replacement will be disposed of at the Hennepin County Public Auction on four dates throughout the calendar year along with some minor equipment that is no longer serviceable. A statutory requirement provides that Council take specific action to declare the equipment as surplus property and authorize disposition. The auction is supported by the County and many municipalities and is very well attended by the public. The result is that we sell the vehicles for the top range of the “blue book” average retail value (occasionally above). Most of the equipment that we purchase is through public bids secured by either the County or State, from which we are able to participate. Therefore, there is no opportunity for “trade in” of equipment and the Hennepin County auction process has not only yielded top value for the equipment, but has streamlined the disposal process for us as well. Staff recommends adoption of the motion. Attachments Mkmo TO: Gene Dietz FROM Cliff Cracauer DATE: April 5,2001 SUBJECT: Auction of Surplus Property In accordance with the adopted budget for 2001, the vehicles listed below are scheduled for replacement. I am requesting that the City Council take appropriate action to declare these vehicles surplus property and authorize that they be sold at public auction. The listed auction dates are for the planned auctions at the Hennepin County maintenance facility in Medina. Our cost for the auction is $50/vehicle and an obligation to supply 1-2 employees to work at each auction date. The auctions are well attended and our experience is that we received top prices for our used equipment. Along with scheduled vehicle replacements, some smaller equipment is listed for disposition at the auction. Auction Date Veh # Vin # Year Mfr. . Model 51510 1 141 lFDPK74P8KVA44757 1989 Ford F700 140 lFDYK8OU5GVA37326 1986 Ford L8000, 266 lGTDM19W2TB531051 1996 GMC Safari 357 1GNDT13 W7RO 128092 1994 Chevrolet S-10 Blazer 509 lGCFG35KlRF16573 1 1994 Chevrolet 1 Ton Van 61710 1 107 48 1490T 1979 . ‘John Deere Tractor Serial #32337 1990 Elgin Sweeper 4’ Howard Tiller Combination lock safe Sand Blaster Portable air power greaser Homelite water pump Wisconsin water pump 7/21/01 9/15/01 122 lHTAAl8 5 OBHA244 14 1 9 8 1 International DT466 202 2FALP71WBVX155774 1997 Ford Crown Victoria 207 2FALP71W4WX145124 1998 Ford Crown Victoria 265 1JF J78 S2TL2 19674 1996 Jeep Cherokee 23 5 2FALP71WORX183019 1994 Ford Crown Victoria 208 2FALP71WOWX145122 1998 Ford Crown Victoria 126 lFDYD80U2KVA43 197 1989 Ford C8000 101 lGCGK24K2REl96992 1994 Chevrolet K 2500 502 lGCTD19ZlR8210749 1994 Chevrolet S-10 Pickup 452 lGCCG24KxRE199557 1994 Chevrolet K 2500 734 1 GBHK34NXPE191884 1993 Chevrolet K 3500 G:\Cliff\Auction Surplus Property-2000 a CITY COUNCTL AGENDA SECTION: Consent Calendar I SERVICE AREA/DMSION: Lyndell Frey, Parks and Recreation through Bob Lambert ITEM DESCRIPTION: Award Contract for fiont entry doors at the Eden Prairie Community Center DATE: April 17,2001 ITEM NO: 1zL8tt* Requested Action: Move to: Award Contract for replacement of fiont entry doors at the Eden Prairie Community Center to Gateway ACE, Inc. Synopsis: TI& item was approved in the 2001 Capital Improvement Budget. The Community Center’s front entry doors are nearly 20 years old and in poor working condition and in need of replacement. Four bids were received for this project with bids ranging from $34,700.00 to the low bid of $29,765.00. If approved the installation of the new doors will be completed in the summer of 2001. The Community Center will not need to be closed to the public for the completion of this project. I I AGREEMENT THIS AGREEMENT is made and executed the 17th day of April, 2001, by and between the City of Eden Prairie, hereinafter referred to as the “Owner”, and Gateway ACG, Inc., hereinafter referred to as the “Contractor.” WITNESSETH: , Owner and Contractor, for the consideration hereinafter stated, agree as follows: 1. 2. 3. 4. I 5. 6. 7. Contractor Duties: The Contractor shall provide the services specified in the City of Eden Prairie Request for Proposals dated November 9,2000 and in the Contractor’s Proposal dated November 20,2000, and shall do everything required by this Agreement and the contract documents. Contractor shall fully and satisfactorily comply with the conditions of the contract documents and complete the work contemplated by this Agreement in accordance with the contract documents. Price: Owner agrees to pay the Contractor a fee not to exceed the sum of $29,765.00 as full and complete payment for the labor, materials and services rendered pursuant to this Agreement. Payment: Payments to the Contractor by the Owner shall be made as provided in the contract documents. Contract Documents: The contract documents consist of the City of Eden Prairie Request for Proposal dated November 9,2000, the Contractor’s Professional Services Proposal dated November 20,2000. The contract documents are hereby incorporated with this Agreement and are as much a part of this Agreement as if fully set forth herein. This Agreement and the contract documents are the Contract. Completion: The Contractor shall complete all services within Ninety (90) days of the NOTICE TO PROCEED in accordance with the terms and conditions set forth in the contract documents. Claims: To receive any payment on this Contract, the invoice or bill must include the following signed and dated statement: “I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid.” Counterparts: This Agreement may be executed in multiple counterparts each of which shall be considered an original. ,8. Whole Aweement: This Agreement and contract documents constitute the final and complete agreement of the parties and shall supersede and replace any prior oral or written agreements between Owner and Contractor. Any subsequent modification must be in Writing signed by both parties. 9. Governing: Law: This Agreement shall be governed and construed under the laws of the State of Minnesota. IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands as of the date set forth above. City of Eden Prairie, Owner By: Jean L. Harris, Mayor By: Christopher M. Enger, City Manager CONTRACTOR By: Its 3 889 Pierce Butler Route St. Paul, MN 55104 GATEWAY Phone: (651) 488-0574 -FZ (651) 488-5244 ACG, INC. PROPOSAL COMPANY: Eden Prairie Community Center QUOTE: 112000PH ADDRESS : 16700 Valley View Road DATED: I1/20/00 Eden Prairie, MN 55346 ATTN: Lyndell Frey FAX #: PROJECT: Eden Prairie Entry Door LOCATION: SALES: PaulHanna FOR THE SUM OF: $29,765.00 Y rwenty Nine Thpusand Seven Hundred Sixty Five and no/lOO--------------------------- Dollars. STATE SALES TAX: INCLUDED -'NOT INCLUDED Remove and replace entrance and vestibule doors & frames, (8 doors total) in dark bronze anodized 11UminUm. Also supply & install 2 Horton automatic door openers with motion detector & ,4de rails, .eattach 2 Stanley door operators. Doors are Kawneer 350 medium stile with 10" bottom rails. Exterior doors will have 2 pair of but& ier le Von Duprin rlm exit device, standa;rd threshold & LCN 4040 closers. All exterior doors will )e keyed alike. Interior doors will have 2 pair of butts per le& no locking, LCN 4040 closers & Glynn Johnson iverhead stops. 1 '' 0.A clear glass at exterior, 1/4" clear glass on interior. Safety glass where required by code. TOTE: Simplex Alarm System and final electrical hook ups for automatics to be done by others. U work quoted ai normal working hours, weekend or premium hours will be at an additional cost. PON PROMPT ACCEPTANCE OB' THIS PROPOSAL WE WORK OUR MOST CAREFIJT, ATTENTION. ACCEPTED: SUBi"ED BY: BY. DATE: Gateway/ACG, Inc. CITY COUNCIL AGENDA SECTION: Public Hearings SERVICE AREAIDMSION: Bob Lambert, Director Parks and Recreation Services/ Stuart A. Fox, Manager Parks & Natural Resources ITEM DESCRIPTION: Authorize Application for State Natural and Scenic Area Grant for Birch Island Woods I ITEMNO: Requested Action Move to: Close the Public Hearing; and Authorize application for a State Natural and Scenic Area Grant for the expansion of Birch Island Park = Synopsis The DNR grant application for a State Natural and Scenic Area Grant requires a public hearing at a City Council meeting. The notice of such public hearing has been published in the Eden Prairie News and those who wish to be heard as to the grant application, project scope, land purchase costs and proposed funding will be given an opportunity to express their views at this public hearing. Written comments may have been submitted to the Director of Parks and Repreation Services prior to the public hearing and these comments should be entered into the public record. Background The Natural and Scenic Area Grant is being sought for matching grant funds for the purchase of Birch Island Woods fi-om Hennepin County. The grant application is for 50% of the $650,000 appraised amount for the 3 1 acres of land southwest of Indian Chief Road. The City’s portion of this matching grant will initially come fiom cash park fees. The park fund would eventually be reimbursed fiom revenue fiom the sale of property located south of the Flagship Athletic Club. adjacent to the proposed extension of Columbine Road. See attached map that outlines the area covered by the grant application. Attachment: Area Map - Birch Island Woods SAF:mdd I -- - Heknepin County - AWk Mk? - CITY COUNCIL AGENDA I I SECTION: Public Hearing SERVICE AREADMSION: Engineering Services Dave Olson Eugene A. Dietz DATE: April 17,2001 ITEM DESCRJPTION: Vacation 01-04 ITEM NO.: Vacation of Right-of-way Adjacent to Prairie Center Drive m I%, Requested Action Move to: . ‘ Close the public hearing; and . Adopt the Resolution to vacate the right-of-way adjacent to Prairie Center Synopsis The property owners have requested release of the right-of-way restrictions imposed on their properties through previously recorded easement documents. Background Easement documents recorded in 1982 for the construction of Prairie Center Drive included the phase “operate and maintain public right-of-way”. The area requested for release f?om this encumberment is located beyond the necessary right-of-way limits for Prairie Center Drive. The description attached to the resolution retains an easement for public utility purposes. Additionally, the final plats, Flagship Addition and Flagship 2nd Addition, contain dedication of drainage and utility easements adjacent to Prairie Center Drive. Attachments Vacation Drawings CITY OF EDEN PRAIRIE EIENNEPIN COUNTY, MINNESOTA RESOLUTION NO. VACATION OF RIGHT-OF-WAY ADJACENT TO PRAIRIE CENTERDIUVE / WHEREAS, The City of Eden Prairie has a certain right-of-way easement described as follows: Any and all permanent easements and rights in perpetuity to construct, operate and maintain public right-of-way over, under and across the following described property: Parcel 1 Lot 1, Block 1 Flagship Addition PID NO. 14-1 16-22-23-0007 ' Parcel 2 Lot 2, Block 1, Flagship 2nd Addition PID NO. 14-1 16-22-23-0016 Parcel 3 That part of Lot 1, Block 1, Flagship 2nd Addition embraced within Lot 2, Block 1 , Flagship Addition, according to the plat thereof Part of PID NO. 14-1 16-22-23-0015 ' As created in Easement, dated June 14, 1982, filed in the office of the Hennepin County Registrar of Titles as Document No. 1486615, as amended by Order, dated March 17,1988, filed in the office of the Hennepin County Registrar of Titles as Document No. 1915515; and As created in Easement, dated June 14, 1982, filed in the office of the Hennepin County Registrar of Titles as Document No. 1486616, as amended by Order, dated March 17, 1988, filed in the office of the Hennepin County Registrar of Titles as Document No. 1915513; AND, notwithstanding the foregoing, RESERVING any and all permanent easements and rights in perpetuity granted to the City of Eden Prairie in Easement Document Nos. 1486615 and 1486616, as amended, to construct, operate and maintain public utilities over, under and across the said property. WHEREAS, a public hearing was held on April 17,.2001 after due notice was given to affected property owners and published in accordance with M.S.A. 412.851; WHEREAS, it has been determined that the said right-of-way easement is not necessary and has no interest to the public, therefore, should be vacated. a - NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: 1. Said right-of-way easement as above described is hereby vacated, subject to a permanent drainage and utility easement being retained over the entire parcel. The City Clerk shall prepare a notice of completion of proceedings in accordance with M.S.A. 412.851. 2. t ADOPTED by the Eden Prairie City Council on April 17,2001. ATTEST: Jean L. Harris, Mayor SEAL Kathleen A. Porta, City Clerk 3 I I I I i IS) I 1 I I I i C NO 2432415 Yl.b5 CITY COUNCIL AGENDA SECTION: Public Hearings SERVICE AREADMSION: ITEM DESCRIPTION: Community Development Donald R. Uram Redstone Grille Michael D. Franzen ITEM NO.: YT ,c I Requested Action Move to: Close the Public Hearing; and 0 Adopt the Resolution for Guide Plan Change from Office to Regional Commercial on 2.97 acres; and Adopt the Resolution for Planned Unit Development Concept Review on 4.8 1 acres; and Approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers on 2.97 acres and Zoning District Change from Rural to C-Reg-Ser Zoning District on 1.76 acres and from Office to C-Reg-Ser Zoning District on 1.21 acres; and Adopt the Resolution for Preliminary Plat of 4.8 1 acres into 1 lot, 1 outlot, and right-of-way; and Direct Staff to prepare a Developer’s Agreement incorporating Staff and Board recommendations and Council conditions. Synopsis The project is an 11,610 square foot restaurant located on the south side of Lake Idlewild on Eden Road, west of Dairy Queen. A guide plan change is required from office to regional commercial on 2.97 acres. The project requires shoreland and City Code waivers for building and parking setbacks, impervious surface, and buffers. The Community Planning Board voted 5-0 to recommend approval of the project to the City Council at the March 26,2001 meeting. Background Information Regional commercial can be a better land use than office since there would be less visual impact on the lake, consistency with regional commercial guiding in the area, and consistency with other restaurants along the lake. The project requires the following waivers: Shoreland structure setback from 200 feet to 60 feet. Shore impact zone encroachment from 100 feet to 15 feet. Shoreland impervious surface from 35% to 65%. Shoreland parking setback from 50 feet to 25 feet. Redstone Grille Page 2 0 Front yard parking setback fi-om 35 feet to 17.5 feet. 0 Buffer strip width fi-om 25 feet to 15 feet. The City has approved similar waivers for all existing buildings on the lake. Compliance with the city code requirements would preclude the property fiom development. Granting the waivers will allow the property to develop consistent with existing buildings along the lake. Attachments 1. 2. 3. Resolution for Preliminary Plat 4. 5. Resolution for Guide Plan Change Resolution for PUD Concept Review Community Planning Board Minutes dated March 26,2001 Staff Report dated March 23,2001 REDSTONE GRILLE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2001- 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 Co&cil for review and comment; and WHEREAS, the proposal of Redstone Grille by Redstone, Inc., for a 11,610 square foot restaurant. 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: 0 2.97 acres fiom Office to Regional Commercial located at Eden Road. ADOPTED by the City Council of the City of Eden Prairie this 17th day of April 2001. Jean L. Harris, Mayor ATTEST: Kathleen A. Porta, City Clerk 3 REDSTONE GRILLE CITY OF EDEN P- HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2001- A RESOLUTION APPROVING THE PLAMVED UNIT DEVELOPMENT CONCEPT OF REDSTONE GRILLE FOR REDSTONE, INC. WHEREAS, the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development (PUD) Concept of certain areas located within the City; and WHEREAS, the Community Planning Board did conduct a public hearing on Redstone Grille PUD Concept by Redstone, Inc., and considered their request for approval for development (and waivers) and recommended approval of the requests to the City Council; and WHEREAS, the City Council did consider the request on April 9,2001, NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. Redstone Grille, being in Hennepin County, Minnesota, legally described as outlined in Exhibit A, is attached hereto and made a part hereof. 2. That the City Council does grant PUD Concept approval as outlined in the plans dated April 10,2001. 3. That the PUD Concept meets the recommendations of the Community Planning Board dated March 26,200 1. ADOPTED by the City Council of the City of Eden Prairie this 17th day of April 2001. Jean L. Harris, Mayor ATTEST: Kathleen A. Porta, City Clerk 4 EXHIBIT A Redstone Grille Legal Description: Parcel 1: Tract A, Registered Land Survey No. 895, files of the Registrar of Titles, County of Hennepin. Minnesota. Parcel 2: Lot 20, Auditors Subdivision Number 335, Hennepin County, Minnesota, according to the plat thereof on file of record in the office of the Registrar of Titles in and for said Hennepin County. Parcel 3: Lot 1, Block 1, Idlewild Lake Addition Parcel 4: That part of the following described parcel lying Westerly of Line A and its Southerly extension and Southerly of Line B are described below: All of that part of the West half of the Northeast quarter of Section 14, Township 11 6, North Range 22, West of the 6th Principal Meridian lying Easterly of the Easterly line of Track B, Registered Land Survey No. 895, and lying Northerly of the center line of County Road No. 2 (now vacated by Resolution No. 78-189, filed as Document No. 1428338) Line A: Commencing at the Northeast corner of said Registered Land Survey No. 895, a distance of 75.22 feet to the point of beginning of the line to be described; thence South 15 30 00 East, a distance of 445.05 feet to the center line of said County Road Number 2 (now vacated) and there terminating. Line B: Commencing at said Northeast corner of Registered Land Survey No. 895; thence South 5 9 26 East, along the Easterly line of said Registered Land Survey No. 895, a distance of 467.68 feet to the point of beginning of the line to be described; thence North 68 8 19 East, a distance of 157.38 feet to the intersection of said Line A and there terminating. 5 REDSTONE GRILLE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2001-- RESOLUTION APPROVING THE PRELIMINARY PLAT OF REDSTONE GRILLE FOR REDSTONE, INC. BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of the Redstone Grille for Redstone, Inc., dated April 10, 2001 and consisting of 4.81 acres into 1 lot, 1 outlot, and right-of-way, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 17th day of April 2001. Jean L. Harris, Mayor ATTEST: Kathleen A. Porta, City Clerk 6 c - Community Planning Board Minutes March 26,2001 Page 11 E. REDSTONE GRILLE by Redstone, Inc. Request for Guide Plan Change fiom Office to Regional Commercial on 2.97 acres, Planned Unit Development Concept Review on 4.8 1 acres, Planned Unit Development District Review with waivers on 2.97 acres, Zoning District Change fiom Rural to C-Reg-Ser Zoning District on 1.76 acres and fiom Office to C-Reg-Ser Zoning district on 1.21 acres, Site Plan Review on 2.97 acres, and Preliminary Plat of 4.81 acres into 1 lot, 1 outlot, and right-of-way. Location: Eden Road Scott Foster said there was a Redstone property in Minnetonka. The goal was this second location. Redstone offers a warm interior atmosphere with earthtones and open site lines, music is hand-picked. The exterior is natural rock. Fountain is a possibility. Food is traditional. Foote asked whether there was sufficient parking in Minnetonka. Scott Foster said the only problem was people don't come in because it looks full. There is enough parking for the facility. They are looking at 300 seats to ensure adequate parking. Franzen said staff recommends approval; waivers are the same for Fuddruckers, Extended Stay America, Office Building. Without waivers the site cannot develop. No parking problem on city streets or fire lanes. Staff approved alternate parking plan for shopping center. Chammps is parked at 1 space for every 3 seats. Redstone's parking requirement is 100 spaces. There are 185 spaces on the plan. Corneille asked staff to address the trail. Franzen stated that all projects were required to build 8 foot trails. Part of one trail is tapered to 6 feet. Clinton said Redstone in Minnetonka had a big parking facility across the street; Ridgedale Mall is used. As there are more restaurants opened in the city, parking should get better. Stock said overflow parking may continue into DQ mall Franzen said a private cross access to Dairy Queen would conflict with the drive thru. Also, the city cannot require a private cross access. Stock asked about the layout of the outdoor bar area. Craig Hackett reviewed the bar area on plans for outdoor, patio, open firepit. The porch area is covered by an awning in the summer. There are four tables with umbrellas and no screened areas. Stoelting inquired about the clientele. . Community Planning Board Minutes March 26,2001 Page 12 Hackett said in Minnetonka it was a 35-50 age group. There are a lot of singles on W, Th, Fri, after work. Saturdays people come more than 1 per car. Foote asked about decreasing width of stalls. Franzen said reduced stall widths do not work in the winter or for retail because of turnover. For office buildings with parking decks, reduced width could work better. Clinton asked whether it was the intent to have trails around the entire lake. Fox said it was the intent of the guide plan to create a trail around Idlewild. Fuddruckers and Extended Stay completed a portion. Eden Prairie convenience center completed a part. Motion by Clinton, second by Stoelting to close the hearing. Motion carried, 5-0. The hearing closed at 8:35 p.m. Motion by Clinton, second by Stoelting to approve the request by Redstone, Inc. for a Guide Plan Change from Office to Regional Commercial on 2.97 acres, Planned Unit Development Concept Review on 4.81 acres, Planned Unit Development District Review with waivers on 2.97 acres, Zoning District Change from Rural to C-Reg-Ser Zoning District on 1.76 acres and from Office to C-Reg- Ser Zoning District on 1.221 acres, Site Plan Review on 2.97 acres, and Preliminary Plat of 4.8 1 acres into 1 lot, 1 outlot, and right-of-way, based on plans dated March 23,2001, and subject to the recommendations of the Staff Report dated March 23,2001 to the City Council. Motion carried, 5-0. The board thanked Commissioner Clinton for his contributions and inspiration to the Board and the city for the past 6-7 years. STAFF REPORT TO: FROM: DATE: SUBJECT: APPLICANT: OWNER: LOCATION: REQUEST: Community Planning Board Michael Franzen, City Planner March 23,2001 Redstone Grille Idlewild Properties Idlewild Properties Eden Road and Glen Lane 1. 2. 3. 4. 5. 6. Guide Plan Change from Office to Regional Commercial on 2.97 acres Planned Unit Development Concept Review on 4.8 1 acres Planned Unit Development District Review with waivers on 2.97 acres Zoning District Change from Rural to C-Reg-Ser Zoning District on 1.76 acres and from Office to C-Reg-Ser Zoning District on 1.2 1 acres Site Plan Review on 2.97 acres Preliminary Plat of 4.8 1 acres into 1 lot, 1 outlot, and right-of-way Staff Report - Redstone Grille March 23,2001 BACKGROUND The westerly 1.76 acres of this site is occupied by two single-family homes. The easterly 1.21 acres are approved for a 14,000 square foot office building. Land to the north, east, and south is guided regional commercial and zoned commercial regional service. Land to the west is zoned and guided industrial. GUIDE PLAN CHANGE The project will require a guide plan change from office to regional commercial on 2.97 acres. Regional commercial can be a better land use than office for the following reasons. 0 Less visual impact on the lake. 0 Consistency with regional commercial guiding in the area. 0 Consistency with,other restaurants along the lake. SITE PLAN The building is 11,610 square feet. The building base area ratio is .05. The City Code allows up to a .20 base area ratio. The floor area ratio is .05. The City Code allows up to a .40 floor area ratio. The required parking is 102 spaces. The plan shows 185 spaces. PLANNED UNIT DEVELOPMENT WAIVERS The project requires the following waivers: Shoreland structure setback from 200 feet to 60 feet. Shore impact zone encroachment from 100 feet to 15 feet. Shoreland impervious surface from 35% to 65%. Shoreland parking setback from 50 feet to 25 feet. Front yard parking setback from 35 feet to 17.5 feet. In 1979, the City approved the Lake Idlewild PUD on the north and east sides of the lake. The approved setbacks were between 30 and 50 feet from the lake. The shoreland ordinance was adopted in 1982. Lake Idlewild was classified by the DNR as recreational development water with a 200-foot structure setback. 10 Staff Report - Redstone Grille March 23,2001 Meets code 10 ft. Na The City has approved waivers for all existing buildings on the lake. Applying the 200-foot setback would have precluded any of the land fiom developing since there is limited land area between the existing roads and the lake. The waivers should be granted for the following reasons: Meets code Meets code Na 1. The waivers are consistent with other projects on the lake. 2. Encroachment in the shore impact zone is needed to allow the construction of a stormwater treatment pond and a trail. 3. Compliance with City code requirements would preclude the site fkom developing. WAIVERS FOR EXISTINC Code Requirement: 200 ft. Shoreland Setback 35 ft. Front yard Setback 35 ft. Parking Setback 100 ft. Shoreland Impact 30 ft. Building Height 35% Impervious Surface I Meets I Meets AND PROPOSED BUII Office 65 ft. 75 ft. Meets code Meets I code I 60% I Na E-pGTe Office I 30ft. I Meets Meets Code I 18ft- Na 1P5% ARCHITECTURE The building meets the 75% face brick and glass requirement. LANDSCAPE PLAN The caliper inch requirement is 36 inches. The plan meets this requirement. There are 156 inches of significant trees on site that were planted by the owners. Tree loss is 156 inches. The required tree replacement is 207 inches. There are 86 additional inches of tree replacement fkom the approved office plan. Total tree replacement is 293 inches. The plan meets this requirement. # Staff Report - Redstone Grille March 23,2001 DRAINAGE The plan provides the required stormwater treatment pond. WETLAND There is a moderate quality wetland adjacent to Lake Idlewild. A waiver is requested to apply the alternative buffer requirement since the site is narrow and to be consistent with existing setbacks and buffers on other projects around the lake. The required structure setback is 15 feet and the required buffer strip is 25 feet. The alternative structure setback is 15 feet and the buffer strip is 15 feet. The plan also meets the 20 foot average wetland buffer strip SUMMARY Compliance with the city code requirements would preclude the property from developing. The granting of the waivers will allow the property to develop consistent with existing buildings along the lake. STAFF RECOMMENDATION Staff recommends approval of the following: 0 Guide Plan Change from Office to Regional Commercial on 2.97 acres 0 Planned Unit Development Concept Review on 4.81 acres 0 Planned Unit Development District Review with waivers on 2.97 acres 0 Zoning District Change from Rural to C-Reg-Ser Zoning District on 1.76 acres and from Office to C-Reg-Ser Zoning District on 1.2 1 acres Site Plan Review on 2.97 acres 0 Preliminary Plat of 4.81 acres into 1 lot, 1 outlot, and right-of-way This approval is based on plans dated March 23,2001, subject to the recommendations of this Staff Report, and the following: 1. Prior to grading permit issuance, the proponent shall: A. B. Install erosion control and tree protection fencing at the grading limits of the property for review and approval by the City Engineer and City Forester. Submit storm water runoff and utility plans for review by the watershed district and the City Engineer. p’ 11 Staff Report - Redstone Grille March 23,2001 2. Prior to Building permit issuance, the proponent shall: A. B. C. D. Meet with the Fire Marshal to go over fire code requirements. Submit samples of exterior building materials for review. Submit a landscaping and tree replacement bond for review. Pay the required cash park fee. 3. The trail along the lake should be eight feet wide. A trail easement over all trails and sidewalks on the property should be granted to the City. 4. The following waivers from the City code are granted as part of the Planned Unit Development District review in the Commercial Regional Service Zoning District: 0 Shoreland structure setback from 200 feet to 60 feet. 0 Shore impact zone encroachment from 100 feet to 15 feet. Shoreland impervious surface from 35% to 65%. 0 Shoreland parking setback from 50 feet to 25 feet. 0 Front yard parking setback from 35 feet to 17.5 feet. 0 Buffer strip width from 25 feet to 15 feet. Location Map Redstone Grille CITY COUNCIL AGENDA SECTION: Public Hearings SERVICE AREA/DMSION: Community Development Donald R. Uram Krista R. Flemming ITEM DESCRIPTION: Lind Addition DATE: 04/17/01 ITEM NO.: rnQ Requested Action Move to: Close the Public Hearing; and Adopt the Resolution for PUD Concept Review on 1.68 acres; and Approve lSt Reading of the Ordinance for PUD District Review and Zoning District Change fi-om Rural to R1-22 Zoning District on 1.16 acres; and Approve the Resolution for Preliminary Plat of 1.68 acres into 3 lots. Synopsis This is for 2 single family lots to be subdivide into 3 single family lots. The project is located at the southeast corner of Eden Prairie Road and Scenic Heights Road. The Community Planning Board voted 5-0 to recommend approval of the project to the City Council at the March 26, 2001, meeting. Due to the simplicity of the project, a Developer’s Agreement is not recommended. The requested waivers will be included in the PUD ordinance at the second reading. Background Information The 1.68 acres will be subdivided into 3 single family lots and right-of-way. The density is 1.78 units per acre, consistent with the area. The lots are 21,466 sq. ft., 21,467 sq. ft. and 22,766 sq. Et. in size. The minimum lot size required by City Code is 22,000 square feet. A PUD waiver is necessary to allow a lot size smaller than 22,000 sq. ft. on Lots 1 and 2. Staff supports this waiver since the project is consistent with the 1990 Red Rock Shores concept for this adjacent neighborhood. At that time, this concept did not anticipate road improvements made to County Road 4 in 1999 that now require the dedication of additional right-of-way. Attachments 1. 2. Resolution for Preliminary Plat 3. 4. Resolution for PUD Concept Review Community Planning Board Minutes dated February 26,2001 and March 26,2001 StafTReports dated February 23,2001 and March 23,2001 I LIND ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2001- A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF LIND ADDITION FOR ERIC LIND WHEREAS, the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development (PUD) Concept of certain areas located within the City; and WHEREAS, the Community Planning Board did conduct a public hearing on Lind Addition PUD Concept by Eric Lind and considered their request for approval for development (and waivers) and recommended approval of the requests to the City Council; and WHEREAS, the City Council did consider the request on April 17,2001. NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. Lind 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 dated March 14,2001. '3. That the PUD Concept meets the recommendations of the Community Planning Board dated March 26,2001. ADOPTED by the City Council of the City of Eden Prairie this 17th day of April 2001. Jean L. Harris, Mayor ATTEST: Kathleen A. Porta, City Clerk EXHIBITA Lind Addition Legal Description: Parcel A: All that part of the South '/z of the southeast quarter of Section 17, Township 116, Range 22, described as follows: Commencing at the southeast comer of Section 17; thence westerly along the south line of said Section 17, to a point of intersection with the centerline of County Road No. 38, as now laid out and constructed; thence northwesterly along said centerline, a distance of 520.74 feet to the Actual Point of Beginning; thence easterly, a distance of 330 feet along a line which intersect the east line of said Section 17, 517.0 feet north of the southeast comer thereof; thence northerly at right angles, a distance of 150.0 feet; thence westerly at right angles to a point of intersection with the centerline of said County Road No. 38, thence southeasterly along said centerline to the Actual Point of Beginning, excepting therefrom the westerly 33 feet for road purposes according to the U.W. Government Survey thereof, Hennepin County, Minnesota. Parcel B: That part of Lot 4, Block 1, Red Rock Shores which lies westerly of a line drawn from a point on the south line of said Lot 4, distant 225.07 feet east of the west comer thereof, to a point on northwesterly line of said Lot 4 distant 210.00 feet northeasterly of the west comer thereof and there terminating according to the recorded plat thereof, Hennepin County, Minnesota. Parcel C: That part of Lot 4, Block 1, Red Rock Shores which lies easterly of a line drawn fiom a point on the south line of said Lot 4, distant 225.07 feet east of the west comer thereof, to a point on the northwesterly line of said Lot 4 distant 210.00 feet northeasterly of the west comer thereof and there terminating according to the recorded plat thereof, Hennepin County, Minnesota. Abstract 3 LIND ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2001-- RESOLUTION APPROVING THE PRELIMINARY PLAT OF LIND ADDITION FOR ERIC LIND BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of the Lind Addition for Eric Lind dated March 14,2001, and consisting of 1.68 acres into 3 lots, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 17th day of April 2001. Jean L. Harris, Mayor ATTEST: Kathleen A. Porta, City Clerk 4 Community Planning Board Minutes March 26,2001 Page 3 B. LIND ADDITION by Eric Ling. Request for PUD Concept Review on 1.68 acres, PUD District Review with waivers on 1.68 acres, Zoning District Change from Rural to R1-22 Zoning Distrit on 1.18 acres, and Preliminary Plat of 1.68 acres into 3 lots. Location: Southeast corner of Eden Prairie Road and Scenic Heights Road. The public hearing opened at 7:06 p.m. Franzen stated that the Board recommended a continuance of the project at the February 26,2001 meeting and directed staff to work with the Developer and adjacent landowner to resolve concerns for a shared driveway. The solution is a separate “right-in”, “right-out” access to Scenic Heights Road from Lot 2. The adjacent landowner (proposed lot 3) has also requested his lot be included with the project to straighten the jagged lot line. The 1.68 acres is proposed to be subdivided into 3 single family lots and rights-of-way. The density is 1.78 units per acre. A PUD waiver is necessary to allow a lot size smaller than 22,000 square feet on Lots 1 and 2; staff supports the waiver because the project is consistent with the adjacent Red Rock Shores concept from 1990. This concept did not anticipate road improvements made to County Road 4 in 1999 which require the dedication of the additional right-of-way. Staff recommends approval of the project. Motion by Stoelting, second by Stock to close the public hearing. Motion carried, 5-0. The hearing closed at 7:09 p.m. Stock asked whether the neighbors concerns were addressed with this plan. Franzen said the concerns were addressed with this plan. Motion by Stoelting, second by Stock to approve the Lind Addition by Eric Lind, request for PUD Concept Review on 1.68 acres, PUD District Review with waivers on 1.68 acres, Zoning District Change from Rural to R1-22 Zoning District on 1.18 acres, and Preliminary Plat of 1.68 acres into 3 lots. Motion carried, 5-0. 5 b v Community Planning Board Minutes February 26,2001 Page 4 B. LIND ADDITION by Eric Lind. Request for PUD Concept Review on 1.18 acres, Zoning District Change fi-om Rural to R1-22 Zoning District on 1.18 acres, and Preliminary Plat of 1.18 acres into 2 lots. Location: Southeast comer of Eden Prairie Road and Scenic Heights Road. The public hearing opened at 7:05 p.m. Flemming noted the Comprehensive Guide Plan shows this property as low density residential for up to 2.5 units per acre. It is currently zoned rural. Surrounding land uses include low density residential to the east, Hwy 3 12 and Scenic Heights Road to the north, Eden Prairie Road to the west, and Public to the south. The adjacent Red Rock Shores development was approved in 1990 with a density of 1.15 units per acre. A concept plan showing 2 lots on the proposed project site was reviewed to demonstrate how the adjacent property could develop in the future. Lot 1 is 21,466 square feet, slightly below the 22,000 requirement. A waiver is requested because additional right of way for County Road 4 was granted to the county. Density of the project is consistent with the area at 1.7 units per acre. Setbacks for the R1-22 zoning district have been met. Lot 1 will keep its current driveway onto Eden Prairie Road and Lot 2 will have access from Red Oak Drive through a shared driveway currently located in the right-of-way of Scenic Heights Road. Grading will result in tree loss of 44 diameter inches, or 4 trees. The Developer needs to provide a tree repalcement plan for 10 caliper inches prior to City Council review. Staff recommends approval based on the staff report and plans dated February 5,2001. Nelson asked for clairification regarding access to the private drive, whether it was currently in effect or still an issue that needed to be agreed upon. Gray said a portion of the driveway for the house to the east is in the public right- of-way; that would be shared. That was built by MnDOT and exists in the original public right of way for Scenic Heights Road. Rather than connect the existing house to Scenic Heights Road, MnDOT reconstructed the driveway and took it out to Red Oak Drive. It can be shared by both parcels. They will have to enter into an agreement to share maintenance of the driveway. Koenig asked for clarification on the staff report, it says in 1990 the adjacent Red Rock Shores development was approved at a density of 1.15 units per acre and the current preliminary plat is consistent with the area at a density of 1.7. Flemming said the lot sizes are consistent with the area. The gross density of the Red Rock Shores project included a portion of area not suitable for development that was maintained for open space. Jerry Minot, 8434 Red Oak Drive said he disagreed with what was being done with the driveway. He is counting on the City's Community Planning Board to take care of them. When the Highway 3 12/Scenic Heights Road project was 6 4 r Community Planning Board Minutes February 26,2001 Page 5 started, his was the only house where there was a major impact; it cost $500 in repairs for the sprinkler system. He said Rod Rue told him they forgot to include their driveway in construction plans and it needed to be moved. The City has not reimbursed him for the sprinkler system. The enlargement of driveway is a negative, it is over 2000 square feet. He wanted the driveway on their property and was told it had to be this size to accommodate their property and it was on their property. The land boundaries were never marked. He believes there was a verbal contract that the driveway was on their property. He was told they would have more land on the other side of the driveway. Later, he spoke with staff and was told he could not have the land. He was not happy with how the staff worked with him to reconstruct his driveway. He extended his sprinkler system to the other side of the driveway. If the driveway is shared between lots, it won’t be safe, and will be dangerous for children. There should be other alternatives such as Scenic Heights Road or Eden Prairie Road. He has lived in Eden Prairie for 17 years and does not believe interests should be minimized. Corneille asked staff to comment. Gray said he had not spoken with the residents regarding alternatives. Staff can sit down with the residents and work with them. As he understands their concern about the right-of-way is in sharing the driveway (safety). One choice is a right- in right-out. The problem is that every time the owner enters the property it would have to be approached from the west and could result in U-turns around the median. The second alternative would be an opening in the median allowing a left-in. There is a problem with the volume of traffic on Scenic Heights Road. Shared driveways are not uncommon in Eden Prairie, especially along higher volume roadways. Minot said his first choice would be a cut in the median one-way, Other alternatives may be acceptable. Take the driveway entrance onto Red Oak Drive and move the entrance back, cut the driveway in as a straight driveway. It would give distance between the house and where kids play. Gray suggested there needs to be some detailed discussions beyond this meeting. Eric Lind said he supports the continuance; his original intent was that the driveway would come off of Scenic Heights Road and straighten the shared property line between his property and the existing home. The Minots chose not to continue with their project after they found out they would need to share their driveway. Motion by Brooks, second by Stoelting to continue this item to the March 26, 2001 meeting, so that staff can meet with the resident to come up with alternative plans. * Community Planning Board Minutes February 26,200 1 Page 6 Nelson said she agrees with the continuance and before the issue comes back she would like to see an alternative plan or a written cross access and maintenance agreement if the driveway continued to be shared. Motion carried, 6-0. STAFF REPORT TO: FROM: DATE: SUBJECT: APPLICANT/ OWNER: LOCATION: REQUEST: Communify Planning Board Krista Flemming, Planner I March 23,2001 Lind Addition Eric Lind Gerald and Patricia Monnot Southeast corner of Eden Prairie Road and Scenic Heights Road 1. Planned Unit Development Concept Review on 1.68 acres 2. Planned Unit Development District Review with waivers on 1.68 acres 3. Zoning District Change from Rural to the R1-22 Zoning District on 1.18 acres 4. Preliminary Plat of 1.68 acres into 3 lots Staff Report - Lind Addition March 23,2001 BACKGROUND The Community Planning Board recommended a continuance of the project at the February 26, 2001, meeting and directed staff to work with the Developer and adjacent landowner to resolve the concerns for a shared driveway. Engineering staff met with the Developer and adjacent landowner to discuss alternative driveway access for Lot 2. The solution is a separate “right-in”, “right-out” access to Scenic Heights Road from Lot 2. PRELIMINARY PLAT The adjacent landowner (proposed Lot 3) has also requested his lot be included with the project to straighten the jagged lot line. This lot is currently zoned R1-22 and meets the lot size and setback requirements. The 1.68 acres is proposed to be subdivided into 3 single family lots and right-of-way. The density is 1.78 units per acre, consistent with the area. The lots are 21,466 sq. ft., 21,467 sq. ft. and 22,766 sq. ft. in size. The minimum lot size required by City Code is 22,000 square feet. A PUD waiver is necessary to allow a lot size smaller than 22,000 sq. ft. on Lots 1 and 2. Staff supports this waiver since the project is consistent with the 1990 Red Rock Shores concept for this adjacent neighborhood. At that time, this concept did not anticipate road improvements made to County Road 4 in 1999 that now require the dedication of additional right-of-way. SUMMARY A concept dividing the land for residential use was previously identified and found appropriate to the area. The requested waivers allow the site to develop with the same number of lots as the concept plan with lot sizes only slightly smaller than the code requirement. STAFF RECOMMENDATION Staff recommends approval of the following request: 0 Planned Unit Development Concept Amendment on 1.68 acres 0 Planned Unit Development District Review with waivers on 1.68 acre 0 Zoning District Change from Rural to R1-22 Zoning District on 1.18 acres Preliminary Plat of 1.68 acres into 3 lots This would be based on plans dated March 14,2001, this staff report, and the following conditions: Staff Report - Lind Addition March 23,2001 1. Prior to grading permit issuance, the proponent shall: A. Install erosion control and tree protection fencing at the grading limits of the property for review and approval by the City Engineer and City Forester. 2. Prior to building permit issuance, the proponent shall: A. B. Submit a landscaping bond in accordance with City Code. Pay the cash park fee. 3. The following waivers are granted as part of the PUD: 0 0 Lot size from 22,000 sq. ft. to 21,466 sq. ft. on Lot 1 Lot size from 22,000 sq. ft. to 21,467 sq. ft on Lot 2 J Location Map Lind Addition STAFF REPORT TO: FROM: DATE: SUBJECT: APPLICANT/ OWNER LOCATION: REQUEST: Community Planning Board Krista Flemming, Planner I February 23,2001 Lind Addition Eric Lind Southeast corner of Eden Prairie Road and Scenic Heights Road 1. Planned Unit Development Concept Review on 1.18 acres 2. Planned Unit Development District Review with waivers on 1.18 acres 3. Zoning District Change from Rural to the R1-22 Zoning District on 1.1 8 acres 4. Preliminary Plat of 1.18 acres into 2 lots Staff Report - Lind Addition February 23,2001 BACKGROUND The Comprehensive Guide Plan shows this property as low density residential for up to 2.5 units per acre. The property is currently zoned Rural. Surrounding land uses include low density residential to the east, Hwy. 312 and Scenic Heights Road to the north, Eden Prairie Road to the west, and Public to the south. The adjacent Red Rock Shores development was approved in 1990 with a density of 1.15 units per acre. A concept plan showing 2 lots on the proposed project site was also reviewed to demonstrate how the adjacent property could develop in the future. PRELIMINARY PLAT The proposal is to rezone the 1.18 acre site from Rural to R1-22, plat two single-family lots and right-of-way. The density of the project is consistent with the area at 1.7 units per acre. A specific house design is proposed for the easterly lot, while the existing house will be kept on the westerly lot. All setbacks are met for the R1-22 zoning district. Lot 1 will keep its current driveway onto Eden Prairie Road while access to Lot 2 will be from Red Oak Drive through a shared driveway currently located in the right-of-way of Scenic Heights Road. No direct access will be permitted to Scenic Heights Road since the median restricts traffic movements. The lots are 21,466 sq. ft. and 22,055 sq. ft. in size. The minimum lot size required by City Code is 22,000 square feet. A PUD waiver is necessary to allow a lot size smaller than 22,000 sq. ft. on Lot 1. Staff supports this waiver since the project is consistent with the original subdivision concept for the adjacent neighborhood. This concept did not anticipate road improvements made to County Road 4 in 1999 that now require the dedication of additional acreage for its right-of-way. GRADING There are 260 diameter inches of significant trees on the property. Grading for house pads will result in tree loss of 44 diameter inches, or 4 trees. Tree replacement is 10 caliper inches. Prior to City Council, the proponent shall submit a tree replacement plan for 10 caliper inches. UTILITIES City sewer and water is available to the site fkom both Eden Prairie Road and Scenic Heights Road. All existing wells and septic systems will need to be abandoned. SUMMARY Staff Report - Lind Addition February 23,2001 A concept dividing the land for residential use was previously identified and found appropriate to the area. The requested waiver allows the site to develop with consistent lot sizes and does not result in more development than allowed by code or the previous concept plan. STAFF RECOMMENDATION Staff recommends approval of the following request: 0 Planned Unit Development Concept Amendment on 1.18 acres 0 Planned Unit Development District Review with waivers on 1.18 acre 0 Zoning District Change from Rural to R1-22 Zoning District on 1.18 acres 0 Preliminary Plat of 1.18 acres into 2 lots This would be based on plans dated February 5,2001, this staff report, and the following conditions: 1. Prior to City Council review, proponent shall: A. Prior to grading permit issuance, the proponent shall: Submit a tree replacement plan for 10 caliper inches. 2. A. Submit to the City Engineer, recorded copies of the cross access and maintenance agreement documents for the driveway. 3. Prior to building permit issuance, the proponent shall: A. B. Submit a landscaping bond in accordance with City Code. Pay the cash park fee. 4. The following waivers are granted as part of the PUD: 0 Lot Area from 22,000 sq. ft. to 21,466 sq. ft. on Lot 1 CITY COUNCIL AGENDA SECTION: Public Hearings SERVICE AREADMSION: Community Development Donald R. Uram Steve Durham DATE: 04/17/0 1 ITEM DESCRIPTION: ADC Telecommunications Sign Package ITEM NO.: mas.. Requested Action Move to: 0 Close the Public Hearing; and 0 Adopt the Resolution for Planned Unit Development Concept Amendment on 9 1.03 acres; and 0 Approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers and Zoning District Amendment within the 1-5 Zoning District on 91.03 acres; and 0 Direct Staff to prepare a Developer’s Agreement incorporating Staff and Board recommendations and Council conditions. Synopsis ADC Telecommunications, located on Technology Drive, is requesting six sign waivers from the City code as part of the Planned Unit Development. These include the following: 0 0 0 Increase the number of freestanding signs from three to four. Increase the total allowable sign area from 180 to 182 square feet. Increase the number of allowable directional signs from 6 to 16. Increase the allowable size of a directional sign from 6 square feet to 8.75 square feet for 9 signs (Sign S-4), and to 16.75 square feet for 2 signs (Sign S-3). Increase the total allowable directional sign area from 36 to 230 square feet. Increase the allowable distance between sign faces on a directional sign from 18 to 30 inches. This is for Sign S-3, which is a four-sided sign. The Community Planning Board voted 5-0 to recommend approval of the project to the City Council at the March 16,2001 Community Planning Board meeting. Background Information The requested waivers may be considered for the following reasons: The site is 91 acres. 0 The plan includes 6 buildings, an auditorium, and 2 parking decks. 0 The size of the development is 1.18 million square feet. 0 If the site were subdivided into a typical industrial development with one sign for each building, there would be a minimum of 8 free-standing signs totaling 580 square feet. I If the site were subdivided into a typical industrial development with one sign for each building, there would be a minimum of 36 directional signs totaling 216 square feet. The site has eight internal intersections and four external intersections that require directional signs. Attachments 1. Resolution for PUD Concept Amendment 2. Community Planning Board Minutes dated March 26,2001 3. Staff Report dated March 23,2001 a ADC TELECOMMUNICATIONS SIGN PACKAGE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2001- A RESOLUTION APPROVING TH.E PLANNED UNIT DEVELOPMENT CONCEPT OF ADC TELECOMMUNICATIONS SIGN PACKAGE FOR ADC TELECOMMUNICATIONS WHEREAS, the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development (PUD) Concept of certain areas located within the City; and WHEREAS, the Community Planning Board did conduct a public hearing on ADC Telecommunications Sign Package PUD Concept by ADC, and considered their request for approval for development (and waivers) and recommended approval of the requests to the City Council; and WHEREAS, the City Council did consider the request on April 17,2001. NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. ADC Telecommunications Sign Package, being in Hennepin County, Minnesota, legally described as outlined in Exhibit A, is attached hereto and made a part hereof. 2. That the City Council does grant PUD Concept approval as outlined in the plans dated March 6,2001. 3. That the PUD Concept meets the recommendations of the Community'Planning Board dated March 26,2001. ADOPTED by the City Council of the City of Eden Prairie this 17th day of April 2001. Jean L. Harris, Mayor ATTEST: Kathleen A. Porta, City Clerk 3 EXHIBIT A ADC Telecommunications Sign Package Legal Description: Lot 1, Block 2, Technology Campus, except that part lying east of the West 1,237.5 feet of the Northwest Quarter of Section 15, Township 1 16, Range 22, according to the recorded plat thereof, Hennepin County, Minnesota; And That part of Lot 1, Block 2, Technology Campus, according to the plat thereof on file or of record in the office of the Registrar of Titles in and for Hennepin County, Minnesota, Lying East of the West 1,237.5 feet of the Northwest Quarter of Section 15, Township 116, Range 22; And Lot 1, Block 3, Technology Campus; And Vacated Campus Boulevard as platted 4 # Community Planning Board Minutes March 26,2001 Page 4 C. ADC THE BROADBAND COMPANY SIGN PACKAGE by ADC The Broad Band Company. Request for Planned Unit Development Concept Amendment on 91.03 acres, Planned Unit Development District Review with waivers on 9 1.03 acres, and Zoning District Amendment within the 1-5 Zoning District on 9 1.03 acres. Location: Technology Drive The public hearing opened at 7:09 p.m. Franzen said Council approved the ADC Telecommunications PUD in 1999, including 1,180,000 square feet of office, research, and development uses. Phase I is 430,000 square feet and is currently under construction. The site is zoned 1-5 (Industrial). ADC is requesting sign waivers because of the scale of development, number of employees (2,500-5,000), internal and external intersections (directional signs needed), and potential public uses of auditorium and parking ramps. Sign waivers should be considered because in terms of signs and total square footage it is similar to an industrial park. The board should discuss whether the sign request is reasonable; is there a common scheme to the sign and are the signs consistent. Mark Raische of 18616 Twilight Trail Eden Prairie, representing the sign company, said he was present to answer questions related to signs. There was no further public comment. Corneille asked whether the board felt ADC had represented adequate reasons for needing waivers. Foote said considering the scale of the project there shouldn’t be a problem with it. The signs look nice and ADC has provided good reasons for the waiver. Stoelting noted as he looks at the package there is not a lot of color. It appears they are all red on a grey background. Raische said the three primary colors in the project are a medium bronze color, red, and white. Materials fiom the project would be added to the signs. The monument signs will not be fully illuminated at night; only the wording would be lighted at night. There was no further public comment. Motion by Stoelting, second by Foote to close the public hearing. Motion carried, 5-0. The public hearing closed at 7:15 p.m. 5 > L Community Planning Board Minutes March 26,2001 Page 5 Motion by Stoelting, second by Foote to recommend approval of the request by ADC THE BROAD BAND COMPANY for a Planned Unit Development Concept Amendment on 91.03 acres, Planned Unit Development District Review with 'waivers on 9 1.03 acres, and Zoning District Amendment within the 1-5 Zoning District on 9 1.03 acres, based on plans dated March 6,200 1 , and subject to the recommendations of the Staff Report dated March 23,2001 to the City Council. Motion carried, 5-0. 6 STAFF REPORT TO: FROM: THROUGH: DATE: SUBJECT: APPLICANT/ OWNER: LOCATION: Community Planning Board Steve Durham, Zoning Administrator Michael D. Franzen, City Planner March 23,2001 ADC Sign Package ADC The Broad Band Company 13625 Technology Drive REQUEST: 1. Planned Unit Development Concept Amendment on 9 1.03 acres 2. Planned Unit Development District Review with waivers on 91.03 acres 3. Zoning District Amendment within the 1-5 Zoning District on 91.03 acres -?- Staff Report - ADC The Broad Band Company Sign Package March 23,2001 BACKGROUND In 1999, the City Council approved the ADC Telecommunications Planned Unit Development. The approved plan is 1,180,000 square feet of office, research, and development uses. Phase I is 430, 000 square feet and is currently under construction. The site is zoned 1-5 (Industrial). PLANNED UNIT DEVELOPMENT WAIVERS ADC is requesting sign waivers from the City code for the following reasons. 0 Scale of the development. The number of employees. Number of internal and external intersections. 0 The auditorium and parking ramps are potential public use. 1. Waiver to increase the number of free standing signs from three to four. Three signs are proposed along Technology Drive. There will be one sign at each driveway. One sign is proposed along Anderson Lakes Parkway. The street signs are S1 and S2 in the sign plan. 2. Waiver to increase the total allowable sign area from 180 to 182 square feet. The Industrial Zoning District permits a building site having one street frontage, one freestanding sign of 80 square feet. Where a building site has two or more frontages, one free standing sign may be 80 square feet and signs on the other frontages my be 50 square feet. The site has 3 frontages and could accommodate 3 signs totaling 180 square feet. Each sign can be 8 feet tall. All of the signs are 8 feet tall or less. There are 3, S-1 signs that are 50 square feet each. There is 1, S-2 sign that is 32 square feet. 3. Waiver to increase the number of allowable directional signs from 6 to 16. These are signs S-3, S-4, and S-5. 4. Waiver to increase the allowable size of a directional sign from 6 square feet to 8.75 square feet (Nine, Sign S - 4) and 16.75 square feet (Two, Sign S-3). The code allows a 6 square foot sign with a maximum height of 8 feet. All directional signs are 8 feet tall or less. 8 Staff Report - ADC The Broad Band Company Sign Package March 23,2001 5. Waiver to increase the total allowable directional sign area from 36 square feet to 230 square feet. 6. Waiver to increase the allowable distance between sign faces on a directional sign from 18 inches to 30 inches. This is for Sign S-3, which is a four-sided sign. REASONS TO CONSIDER THE SIGN WAIVERS The site is 91 acres. The plan includes 6 buildings, an auditorium, and 2 parking decks. The size of the development is 1,180,000 square feet. If the site was subdivided into a typical industrial development with one site for each building there would be a minimum of 8 free-standing signs totaling 580 square feet. If the site was subdivided into a typical industrial development with one site for each building there would be a minimum of 3 6 directional signs totaling 2 16 square feet. The site has 8 internal intersections and four external intersections that require directional signs. REASONS TO MODIFY OR DENY THE SIGN WAIVERS The directional signs could meet the 6 square foot maximum and still be readable. The four-sided directional sign could be reduced in size by eliminating or reducing the size of the logo. WALL SIGNS Each building is allowed one 80 square foot wall sign. The sign on the main building is 64 square feet. The sign on the auditorium is 45 square feet. REGULATORY SIGNS The code allows stops signs, street signs, and other types of safety signs. The signs on the parking ramp are regulatory signs. The code does not regulate the size, height or quantity of regulatory signs. CONCLUSION The Community Planning Board should consider the following questions. 1. Has ADC provided reasons for considering the sign waivers? 2. Is the sign request reasonable and appropriate for the size of the development? 3. Are the design, size, color, and scale of the individual signs acceptable? 4. Are the signs consistent in color, texture and materials? STAFF RECOMMENDATION Staff would recommend approval of the following. Planned Unit Development Concept Amendment on 91.03 acres 0 Planned Unit Development District Review with waivers on 9 1.03 acres Zoning District Amendment within the 1-5 Zoning District on 9 1.03 acres Approval is based on plans dated March 6,2001 prepared by Sign Images and the Staff Report dated March 23,2001, and the following conditions. 1. The following waivers are granted through the PUD. Increase the number of freestanding signs from three to four. 0 Increase the total allowable sign area from 180 to 182 square feet. 0 Increase the number of allowable directional signs from 6 to 16. 0 Increase the allowable size of a directional sign from 6 square feet to 8.75 square feet (Nine, Sign S - 4) and 16.75 square feet (Two, Sign S-3). 0 Increase the total allowable directional sign area from 36 square feet to 230 square feet. 0 Increase the allowable distance between sign faces on a directional sign from 18 inches to 30 inches. This is for Sign S-3, which is a four-sided sign. 2. A sign permit from Community Development is required prior to installation of any sign on the property. Location Map ADC Telecommunications CITY COUNCIL AGENDA SECTION Payment of Claims SERVICE AREALDMSION: Community Development and Financial ServicesDon Uram DATE: April 17,2001 ITEM DESCRIPTION: Payment of Claims ITEM NO.: rnQ Requested Action Move to: Approve the Payment of Claims as submitted (roll call vote) Synopsis Checks 98754-99160 Wire Transfers 1044- 1047 Background Information Attachments City of Eden Prairie Council Check Register 411 71200 1 Check # Amount 1044 1045 1046 1047 98754 98755 98756 98757 98758 98759 98760 98761 98762 98763 98764 98765 98766 98767 98768 98769 98770 98771 98772 98773 98774 98775 98776 98777 98778 98779 98780 98781 98782 98783 98784 98785 98786 98787 98788 98789 98790 98791 98792 98793 98794 98795 98796 98797 98798 98799 98800 98801 98802 98803 98804 98805 98806 98807 98808 98809 98810 98811 98812 98813 21,390 122,173 13,816 7,202 24 174 100 50 147 60 251 21 0 480 40 100 21 0 722 1,247 50 109 100 100 56 112,079 140 41 5 800 170 25 100 594 96 100 100 847 1,077 115 25 200 1,019 105 100 32 61 8 507 175 100 1,445 20 103 533 5 175 217 2,500 138 93 205 21 0 68 60 393 2,986 138 Vendor MINNESOTA DEPT OF REVENUE WELLS FARGO MINNESOTA N A ORCHARD TRUST CO AS TRUSTEWCU ICMA RETIREMENT TRUST457 BCA CJlS ID UNIT BLACKWELL PUBLISHERS BRUMMOND JERRI FARRIS CARDARELLE DAWN CRAGUNS DUPONT BRENT FEDEX FLYING CLOUD ANIMAL HOSPITAL GALYANS HELLER THOMAS HENNEPIN COUNTY AlTORNEY'S OFF HENNEPIN COUNTY SHERIFF'S OFF1 KELLEY JOHN KEMP DlEN LIGHT ROBERT LUPO ROBERT MANN TRlA MEDICA CHOICE MEDICINE LAKE TOURS MISTER Q'S MN WEIGHTS AND MEASURES MONTGOMERY THOMAS H. NATIONAL ASSOCIATION OF TOWN W OLSON BRIAN PARK NICOLLET CLINIC PONSONBY PAULA PRINCE ROBERT QWEST DEX Qwest COMMUNICATIONS RCM LAKES & RIVERS CONFERENCE RECYCLING AT WORK CAMPAIGN ROED BONNIE STATE OF MINNESOTA STATE TREASURERS OFFICE SWEAZEY JOHN TRANS UNION CORPORATION VERIZON DIRECTORIES CORP VERIZON WIRELESS BELLEVUE WILDER LOIS WllTlG JANINE ARMOR HOLDINGS AT&T BRYNDAL JERRY CARLSON DAN CLARK JOAN COMMISSIONER OF TRANSPORTATION D'AMICO AND SONS DlNH PHUONG ENR FITZGERALD PAULINE GE CAPITAL GETCHELL GREGG GREGSON SUSAN HENNEPIN COUNTY PUBLIC RECORDS IKON OFFICE SOLUTIONS* KMC TELECOM HOLDINGS INC. KRESS CARLA GOPHER STATE ONE-CALL INC HENNEPIN COUNTY TREASURER - GE PE'TTY CASH-POLICE DEPT Account Description State Taxes Withheld Federal Taxes Withheld Deferred Compensation Deferred Compensation Other Contracted Services Dues &Subscriptions Refunds Other Contracted Services Travel Expense Clothing & Uniforms Postage Canine Supplies Clothing & Uniforms Other Contracted Services Refunds Miscellaneous Board of Prisoner Board of Prisoner Refunds Insurance Refunds Refunds Mileage & Parking Medical Bills Prepaid Special Event Fees Operating Supplies Equipment Repair & Maint Conference Expense Dues & Subscriptions Refunds Other Contracted Services Miscellaneous Refunds Refunds Advertising Telephone Conference Expense Operating Supplies Refunds Autos Miscellaneous Refunds Other Contracted Services Advertising Telephone Instructor Service Refunds Tuition ReimbursementlSchool Telephone Lessons & Classes Clothing & Uniforms Lessons & Classes Testing - Soil Boring Miscellaneous Liquor Licenses Operating Supplies Other Contracted Services . Other Rentals Fac. Rental - P&R Lessons & Classes Other Contracted Services Other Rentals Telephone Mileage & Parking Business Unit General Fund General Fund General Fund General Fund Finance In Service Training Environmental Education Accessibility In Service Training Police General Police Summer Skill Development Water Treatment Plant Environmental Education Drug Forfeiture Police Police Environmental Education Risk Management Environmental Education Environmental Education Arts General Fund Adult Program Fire Street Maintenance In Service Training Police Environmental Education Risk Management Police Environmental Education Environmental Education Prairie View Liquor Store Police In Service Training Records Management Environmental Education Public Safety Drug Forfeiture Environmental Education Police Community Center Admin Police Senior Center Administration Environmental Education Police Water Treatment Plant Pool Lessons Police Oak Point Lessons Improvement Projects 1996 General Facilities General Fund Engineering Storm Drainage Projects General Ice Arena Pool Lessons Engineering Fire General Adaptive Recreation City of Eden Prairie Council Check Register 411 7/2001 Check # Amount 98814 98815 98816 98817 98818 9881 9 98820 98821 98822 98823 98824 98825 98856 98857 98858 98859 98860 98861 98862 98863 98865 98866 98869 98870 98871 98872 98873 98874 98875 98878 98879 98880 98881 98882 98883 98884 98885 98886 98887 98888 98889 98890 98891 98892 98894 98895 98896 98897 98898 98899 98900 98901 98902 98903 98904 98905 98906 98907 98908 98909 9891 0 9891 1 98912 98913 25 926 30 234 2,447 3,000 25 25 2,070 25 40 753 352 69 1,494 5,787 4,316 10,334 128 2,388 9,094 302 11,385 2,034 7,242 558 97 137 74 10,778 884 3,733 10,073 6,314 137 2,225 1,729 40 24 75 10 50 1,241 37 335 44 24 38 20 30 2,597 253 71 0 75 1,841 75 4,100 20 4,918 59,675 82 2,965 2,965 2.945 Vendor LEAGUE OF MINNESOTA CITIES MAROlTA VIC PEITZMAN CONNIE PETTY CASH QWEST RESERVE ACCOUNT SOCIAL SECURITY ADMINISTRATION STAR TRIBUNE SUMMIT ENVIROSOLUTIONS TOUMEY JANE US POSTMASTER XCEL ENERGY ALL SAINTS BRANDS DISTRIBUTING AMERIPRIDE LINEN &APPAREL SER BELLBOY CORPORATION DAY DISTRIBUTING EAGLE WINE COMPANY E&ST SIDE BEVERAGE COMPANY EXTREME BEVERAGE GRAPE BEGINNINGS GRIGGS COOPER & CO HOHENSTEINS INC JOHNSON BROTHERS LIQUOR CO LAKE REGION VENDING MARK VI1 MIDWEST COCA COLA BOTTLING COM NORTH STAR ICE PAUSTIS & SONS COMPANY PEPS1 COLA COMPANY PHILLIPS WINE AND SPIRITS INC PINNACLE DISTRIBUTING PRIOR WINE COMPANY QUALITY WINE & SPIRTS CO THORPE DISTRIBUTING VINTAGE ONE WINES INC WINE COMPANY THE WINE MERCHANTS INC AANESTADARDEN AMERICAN EXPRESS PUBLISHING BERNTSON LYNN BLOOMBERG JOEN CARLISLE PADDLE CHANHASSEN CITY OF CHARLOTTE CITY OF FLEET FARM HAMMOND KARA KADLEC EVELYN LARSEN CARRI LEAGUE OF MINNESOTA CITIES M SHANKEN COMMUNICATIONS INC MlNN CHILD SUPPORT PAYMENT CTR MINNEGASCO MINNESOTA BUSINESS FORMS MINNESOTA REAL ESTATE JOURNAL MINNESOTA UC FUND MUELLER CYNTHIA NILSSON BETH PECHTER JOAN PRUDENTIAL INSURANCE CO OF AME PUBLIC EMPLOYEES RETIREMENT PUBLIC EMPLOYEES RETIREMENT AS RELIASTAR LIFE INSURANCE CO RELIASTAR LIFE INSURANCE CO RELIASTAR LIFE INSURANCE CO Account Description Dues & Subscriptions Other Contracted Services Other Contracted Services Recreation Supplies Telephone Post age Other Contracted Services Misc Non-Taxable Other Contracted Services Lessons & Classes Postage Electric Beer Repair & Maint. Supplies Liquor Beer Wine Domestic Beer Misc Taxable Wine Domestic Liquor Beer Liquor Tobacco Products Beer Misc Taxable Misc Taxable Wine Imported Misc Taxable Wine Domestic Misc Non-Taxable Wine Domestic Wine Domestic Beer Wine Domestic Wine Domestic Wine Domestic Instructor Service Misc Non-Taxable Program Fee Program Fee Instructor Service Dues & Subscriptions Training Supplies Equipment Repair & Maint Office Supplies Program Fee Employee Award Conference Expense Misc Non-Taxable Garnishment Withheld Gas Office Supp!ies Operating Supplies Unemployment Compensation Mileage & Parking Instructor Service EventslAdmission Fee Life Insurance Employees Employers PERA Employers PERA Disability Ins Employers Disability Ins Employers Disability Ins Employers Business Unit Human Resources Fall Skill Development Cummins House Special Events After School Programs General General Finance Prairie View Liquor Store Water Utility - General Ice Arena General Traffic Signals Prairie View Liquor Store Den Road Liquor Store Den Road Liquor Store Den Road Liquor Store Prairie View Liquor Store Den Road Liquor Store Prairie View Liquor Store Prairie Village Liquor Store Prairie Village Liquor Store Den Road Liquor Store Den Road Liquor Store Den Road Liquor Store Den Road Liquor Store Prairie View Liquor Store Den Road Liquor Store Prairie View Liquor Store Prairie Village Liquor Store Den Road Liquor Store Den Road Liquor Store Den Road Liquor Store Den Road Liquor Store Prairie View Liquor Store Prairie Viiiage Liquor Store Den Road Liquor Store Den Road Liquor Store Outdoor Center Prairie View Liquor Store Outdoor Center Outdoor Center Outdoor Center Fire Finance Park Maintenance General Senior Center Program Human Resources In Service Training Prairie View Liquor Store General Fund Water Well #9 General Assessing Employee Benefits Aquatics & Fitness Admin Ice Show Ice Show General Fund General Fund General Fund General Fund General Fund General Fund 3 City of Eden Prairie Council Check Register 4/17/2001 Check # Amount 98914 9891 5 98916 98917 9891 8 9891 9 98920 98921 98922 98923 98924 98925 98926 98927 98928 98929 98930 98931 98932 98933 98934 98935 98936 98937 98938 98939 98940 98941 98942 98943 98944 98945 98946 98947 98948 98949 98950 98951 98952 98953 98954 98955 98956 98957 98958 98959 98961 98962 98963 98964 98965 98966 98967 98968 98969 98970 98971 98974 98975 98976 98977 98978 98979 25 500 200 1,022 128 81 329 676 99 596 238 40 106 74 748 30 52 30 147 160 446 35 2,236 25 199 55 53 25 162 25 125 100 199 150 522 100 93 1,307 100 65 100 100 100 16 50 113 57 21 5 128 1,561 454 5,297 2,076 8,536 236 368 11,576 20,686 1,836 6,042 584 201 6,166 98980 273 Vendor SOCIAL SECURITY ADMINISTRATION STEARNS COUNTY SHERIFF'S DEPAR TWIN CITY AREA LABOR MGMT COUN UNITED WAY XCEL ENERGY ELAN FINANCIAL SERVICES HERITAGE HALLS KNOTTS CAMP SNOOPY MINNESOTA ZOO SCIENCE MUSEUM OF MINNESOTA SUBWAY SUBWAY CONNEY SAFETY PRODUCTS ElDE VICKI ESTENSON WAYNE HANLON SCOTT HAUGEN ROBERT A. KEATING MARY LAB SAFETY SUPPLY INC MINNEGASCO MINNESOTA VALLEY LANDSCAPE INC MSANl NAMU INC. NCTRC PARKER WARD SOCIAL SECURITY ADMINISTRATION WRIGHT IRENE XCEL ENERGY APT INSTRUMENTS BLUHM JIM IOS CAPITAL KATERS LINDA FAY LAB SAFETY SUPPLY INC LUNDIN TOM MENARDS MINNESOTA VIKINGS FOOD SERVICE PERKINS SANDY RECYCLING ASSOCIATION OF MINNE ROBINSON MIKE RYLANDER KAREN SCHOLTZ JILL SUTHERLAND CHAD VEDEENSUSAN WESTACOTT JOEL ACE ICE COMPANY ALL SAINTS BRANDS DISTRIBUTING AMERIPRIDE LINEN &APPAREL SER BELLBOY CORPORATION BERNADAS WINES SELECTION INC DAY DISTRIBUTING EAGLE WINE COMPANY EAST SIDE BEVERAGE COMPANY GESTMAN COMPANY GRAPE BEGINNINGS GRIGGS COOPER & CO JOHNSON BROTHERS LIQUOR CO LAKE REGION VENDING MARK VI1 MIDWEST COCA COLA BOSTLING COM NORTH STAR ICE PAUSTIS & SONS COMPANY WASTE MANAGEMENT-SAVAGE MN CHUCK-E-CHEESE Account Description Other Contracted Services Deposits Training Supplies United Way Withheld Waste Disposal Electric Special Event Fees Operating Supplies Special Event Fees Special Event Fees Special Event Fees Special Event Fees Special Event Fees Special Event Fees Protective Clothing Operating Supplies Miscellaneous Business Unit Finance Escrow In Service Training General Fund Den Road Liquor Store Sewer Liftstation Special Events &Trips In Service Training Special Events &Trips Special Events & Trips Special Events &Trips Special Events & Trips Special Events & Trips Special Events & Trips Water Treatment Plant Art & Music General Facilities Tuition ReimbursemenffSchool Fire Repair & Maint. Supplies Fire Mileage & Parking Community Development Protective Clothing Water System Maintenance Gas Well 14 Land Fire Station Construction Tuition ReimbursemenffSchool Police Dues & Subscriptions Dues & Subscriptions Training Supplies Other Contracted Services Mileage & Parking Electric Equipment Repair & Maint Refunds Other Rentals Instructor Service Protective Clothing Refunds Building Repair & Maint. Miscellaneous Refunds Dues & Subscriptions Refunds Refunds Refunds Equipment Repair & Maint Refunds Video & Photo Supplies Misc Taxable Beer Repair & Maint. Supplies Liquor Wine Imported Beer Wine Imported Beer Misc Taxable Wine Domestic Liquor Wine Domestic Tobacco Products Beer MiscTaxable Misc Taxable Wine lmoorted PEPS1 COLA COMPANY Misc Taxable Human Resources In Service Training Fire Finance Golden Triange Study Well 14 Fleet Services Environmental Education Fire Adult Program Water Treatment Plant Environmental Education Water Treatment Plant City Center Operations Environmental Education In Service Training Environmental Education Environmental Education Environmental Education Park Maintenance Environmental Education Human Resources Prairie View Liquor Store Prairie Village Liquor Store Den Road Liquor Store Den Road Liquor Store Prairie View Liquor Store Den Road Liquor Store Den Road Liquor Store Den Road Liquor Store Den Road Liquor Store Den Road Liquor Store Den Road Liquor Store Den Road Liquor Store Den Road Liquor Store Den Road Liquor Store Prairie Village Liquor Store Prairie Village Liquor Store Den Road Liquor Store Den Road Liquor Store 4 City of Eden Prairie Council Check Register 411 712001 Check # Amount 98982 98983 98984 98985 98986 98987 98988 98989 98990 98991 98992 98993 98994 98995 98996 98997 98998 98999 99000 99001 99002 99003 99004 99005 99006 99007 99008 99009 99010 9901 1 99012 99013 99014 99015 99016 99017 9901 8 9901 9 99020 99021 99022 99023 99024 99025 99026 99027 99028 99029 99030 99031 99032 99033 99034 99035 99036 99037 99038 99039 99040 99041 99042 99043 99044 99045 10,520 1 42 3,703 13,422 5,754 251 1,337 21 26,460 64 250 30 251 316 1,758 96 1,252 181 121 60 834 391 135 429 433 165 748 186 259 441 170 450 1,217 30 117 192 69 113 4,876 298 4,270 450 10,876 320 198 . 7,530 941 500 83 396 102 20 732 303 31 8 41 0 448 32 299 107 167 375 69 1,380 Vendor PHILLIPS WINE AND SPIRITS INC PINNACLE DISTRIBUTING PRIOR WINE COMPANY QUALITY WINE & SPIRTS CO THORPE DISTRIBUTING VINTAGE ONE WINES INC WORLD CLASS WINES INC A TO 2 RENTAL CENTER ALTERNATIVE BUSINESS FURNITURE AMERICAN WATER WORKS ASSOCIATI ANCHOR PAPER COMPANY ANCHOR PRINTING COMPANY APPLE FORD SHAKOPEE BACONS ELECTRIC COMPANY BARTLEY DREW BART2 GERALD BAUER BUILT TIRE AND BATTERY BERRY COFFEE COMPANY BlFFS INC BILL CLARK OIL CO INC BIOSYSTEMS BLOOMINGTON SECURITY SOLUTIONS BLR INC BOB GILBERTSON ADVERTISING BROWN PAUL CHANHASSEN BUMPER TO BUMPER CHARTHOUSE INTERNATIONAL CLAREYS INC CONNEY SAFETY PRODUCTS CONSTRUCTION BULLETIN CORPORATE EXPRESS CROWN MARKING INC CROWN PLASTICS INC CRYSTAL PLASTICS CRYSTEEL TRUCK EQUIPMENT INC CUSHMAN MOTOR COMPANY INC. CY'S UNIFORMS DAHLGREN SHARDLOW AND UBAN DAKOTA COUNTY TECHNICAL COLLEG DANK0 EMERGENCY EQUIPMENT CO DILLEY TODD DRlSKlLLS NEW MARKET DRT TRANSPORT , DYNA SYSTEMS EAGLE TRAINING LLC EARL F ANDERSEN INC ECOLAB INC EDEN PRAIRIE CHAMBER OF COMMER EDINA CITY OF ELECTRICAL MECHANICAL SERVICES EMED COMPANY INC EMERGENCY APPARATUS MAINTENANC ENVIRONMENTAL EQUIPMENT & SERV EXCEL SPORTS SCIENCE INC. EXPRESS MESSENGER SYSTEMS INC FASTENAL COMPANY FEDERAL SIGNAL CORPORATION FERRELLGAS FORCE AMERICA FRANKLIN COVEY CO. GENERAL REPAIR SERVICE AIRLAKE FORD-MERCURY INC. BRO-TU( INC CUTLER-MAGNER COMPANY Account Description Wine Domestic Misc Non-Taxable Wine Domestic Liquor Beer Wine Domestic Wine Domestic Other Rentals Autos Capital Under $2000 Training Supplies Office Supplies Printing Capital Under $2000 Improvement Contracts Other Contracted Services Other Contracted Services Tires Operating Supplies Waste Disposal Lubricants & Additives Equipment Repair & Maint Repair & Maint. Supplies Training Supplies Fire Prevention Supplies Equipment Parts Other Contracted Services Equipment Parts Training Supplies Equipment TestinglCert. Safety Supplies Legal Notices Publishing Office Supplies Office Supplies Equipment Repair & Maint Operating Supplies Equipment Parts Equipment Parts Chemicals Clothing & Uniforms Other Contracted Services Tuition ReimbursemenffSchool Protective Clothing Other Contracted Services Merchandise for Resale Other Contracted Services Small Tools Tuition ReimbursemenffSchool Operating Supplies Other Contracted Services Miscellaneous Other Contracted Services Capital Under $2000 Safety Supplies Equipment Repair 8 Maint Equipment Parts Recreation Supplies Postage Equipment Parts Equipment Repair & Maint Motor Fuels Equipment Repair & Maint Office Supplies Equipment Parts Business Unit Den Road Liquor Store Den Road Liquor Store Den Road Liquor Store Den Road Liquor Store Den Road Liquor Store Den Road Liquor Store Prairie View Liquor Store Winter Theatre Public Safety Furniture Water Utility - General General Police Fleet Services Utility Improvement Fund Basketball Basketball Fleet Services Fire Park Maintenance Water Treatment Plant Fire General Facilities Water Treatment Plant Fire Fleet Services Volleyball Fleet Services In Service Training Sewer System Maintenance Risk Management Water Treatment Plant General General Park Maintenance Fire Fleet Services Fleet Services Water Treatment Plant Police Guide Plan Fire Fire Basketball Concessions Water Treatment Plant Sewer System Maintenance Police Park Maintenance Water Treatment Plant In Service Training Park Maintenance , Water Treatment Plant Water Treatment Plant Fire Fleet Services Pool Lessons General Fleet Services Fleet Services Ice Arena Fleet Services General Water Treatment Plant 5 City of Eden Prairie Council Check Register 4/17/2001 Check # Amount 99046 99047 99049 99050 99051 99052 99053 99054 99055 99056 99057 99058 99059 99060 99061 99062 99063 99064 99065 99066 99067 99068 99069 99070 99071 99072 99073 99074 99075 99076 99077 99079 99081 99082 99083 99084 99085 99086 99087 99088 99089 99090 99091 99092 99093 99094 99095 99096 99097 99099 991 00 991 01 99102 99103 99104 99105 991 06 991 07 99108 99109 99048 99078 99080 99098 1 oa 245 2,424 21 0 695 293 61 6 123 87 1,615 165 65 961 21 0 599 1,165 2,154 1,096 159 3,600 378 21 3 1,106 1,457 1,400 4,701 20 1,054 36 189 452 108 421 133 750 469 31 8 74 702 52 330 349 203 5,088 6,834 14,688 3,854 10,183 498 41 a 2,015 175 46 187 97 77 46 15,896 51 980 208 1,224 241 113 Vendor GRAYBOW COMMUNICATIONS GROUP H M CRAGG CO HANSEN THORP PELLINEN OLSON HCMCEMS EDUCATION HENNEPIN COUNTY TREASURER HENNEPIN SOUTH SERVICES COLLAB HOLMES JOHN CARTER HOLMES TOM HOUSE OF PRINT IC1 DULUX PAINT CTRS IDENTICATOR IDEXX DISTRIBUTION CORP IFCO INDUSTRIAL CONTAINER SYST IKI INDUSTRIAL LIGHTING SUPPLY INC INTERNET CRIMES ITRON INC. ITS A KEEPER JANEX INC KINKO'S KLEIN ELECTRIC INC. KNOX BUILDING MATERIALS KRAEMERS HARDWARE INC LAB SAFETY SUPPLY INC LAKELAND ENGINEERING EQUIP CO LAMETTRYS COLLISION LARKIN HOFFMAN DALY & LINDGREN LAW ENFORCEMENT OPPORTUNITIES LOFFLER BUSINESS SYSTEMS INC MACDONALD & MACK ARCHITECTS LT MACQUEEN EQUIPMENT INC MANTEK MARKS CERTICARE AMOCO MASTER CRAFT LAB MATTHEW BENDER & CO INC MCF-LINO LAKES MEALS ON WHEELS MENARDS METRO ATHLETIC SUPPLY METRO LEGAL SERVICES INC METRO SALES INCORPORATED* METROPOLITAN FORD MINNESOTA CONWAY MINNESOTA TROPHIES & GIFTS MINNESOTA VIKINGS FOOD SERVICE MINNESOTA WANNER COMPANY MONTGOMERY WATSON MTI DISTRIBUTING INC NATIONWIDE ADVERTISING SERVICE NEPM NORTHERN TOOL & EQUIPMENT CO. NORTHSTAR REPRO PRODUCTS INC NORTHWEST BUSINESS SYSTEMS OHLIN SALES OLSEN COMPANIES PAGING &WIRELESS SERVICE CENT PETERSON ENVIRONMENTAL CONSULT PETSMART POSITIVE PROMOTIONS PRAIRIE CYCLE & SKI PRAIRIE ELECTRIC COMPANY PRAIRIE LAWN AND GARDEN PRAIRIE OFFSET PRINTING INTER-TEL TECHNOLOGIES INC. Account Description Video & Photo Supplies Operating Supplies Design & Engineering Training Supplies Operating Supplies Other Contracted Services Other Contracted Services Other Contracted Services Printing Operating Supplies Operating Supplies Repair & Maint. Supplies Operating Supplies Equipment Repair & Maint Building Repair & Maint. Business Unit Human Resources Police TIF fund Police Community Development Housing Trans & Human Serv Basketball Volleyball Community Brochure Park Maintenance Police Water System Maintenance Police Senior Center Operations Water Treatment Plant General Telephone Tuition ReimbursementlSchool Police Other Contracted Services Employee Award Cleaning Supplies Printing Other Assets Repair & Maint. Supplies Repair & Maint. Supplies Protective Clothing Capital Under $2000 Equipment Repair & Maint Legal Travel Expense Operating Supplies Other Contracted Services Repair & Maint. Supplies Lubricants & Additives Equipment Repair & Maint Fire Prevention Supplies Training Supplies Other Contracted Services Other Contracted Services Repair & Maint. Supplies Operating Supplies Other Contracted Services Other Rentals Equipment Parts Repair & Maint. Supplies Fire Prevention Supplies Miscellaneous Equipment Parts Design & Engineering Equipment Parts Employment Advertising Fire Prevention Supplies Equipment Parts Operating Supplies Equipment Repair & Maint Operating Supplies Equipment Repair & Maint Equipment Repair & Maint Design & Engineering Canine Supplies Fire Prevention Supplies Clothing & Uniforms Equipment Repair & Maint Equipment Repair & Maint Printing Water Meter Reading Human Resources General Facilities Heritage Preservation Capital Impr. I Maint. Fund Park Maintenance Sewer System Maintenance Water Treatment Plant Water Treatment Plant Fleet Services TIF fund Police Police Grant-in-Aid 2271 B-00-HE Park Maintenance Fleet Services Fleet Services Fire Police Street Maintenance Housing Trans & Human Serv Water Treatment Plant Park Maintenance 1999 Rehab General Fleet Services Fire Fire General Facilities Fleet Services Storm Drainage Projects Fleet Services Human Resources Fire Fleet Services Engineering Fire Sewer System Maintenance Park Maintenance Wireless Communication TIF fund Police Fire Police Fire Station #I Park Maintenance Fire 6 City of Eden Prairie Council Check Register 4/17/2001 Check # Amount 991 10 44 99111 60 99112 72 991 13 46 99114 468 99115 72,258 99116 94 991 17 772 99118 804 99119 154 991 20 385 99121 6,250 991 22 123 99123 2,144 991 24 391 99125 1,463 99126 10,766 991 27 35 99128 20,036 991 29 505 991 30 993 99131 147 99132 2,038 991 33 76 99134 2,200 99135 1,087 99136 135 991 37 250 991 38 150 99139 2,818 99140 20,367 99141 53 99142 60 99143 1,300 99144 87 99145 568 99146 166 99147 1,068 99148 397 99149 2,898 99150 199 99151 388 99152 532 99153 86 991 54 800 99155 2,025 99156 17 99157 870 99158 11,180 99159 1,273 99160 119 Vendor PRlMEDlA WORKPLACE LEARNING PRIORITY COURIER EXPERTS R & R MARINE INC RAINBOW FOODS INC. RAY LEE RMR SERVICES INC SHARPS AWAY SHORT ELLIOT HENDRICKSON INC SMITH DIVING SNELL MECHANICAL INC SOUTHDALE YMCA YOUTH DEVELOPME SOUTHWEST SALES AND RENTAL SOUTHWEST SUBURBAN CABLE COMMI SNAP-ON TOOLS SOUTHWEST SUBURBAN PUBLISHING- SOUTHWEST SUBURBAN PUBLISHING- SPORTS WORLD USA INC SPS COMPANIES SRF CONSULTING GROUP INC STAN MORGAN &ASSOCIATES INC. STANDARD SPRING STITCH LAB THE STREICHERS SUBURBAN CHEVROLET GEO SUBURBAN RATE AUTHORITY SUBURBAN TIRE &AUTO SERVICE I SUN NEWSPAPERS SWEDLUNDS THYSSEN LAGERQUIST ELEVATOR TIM'S TOWER SERVICE INC. TKDA TOLL GAS AND WELDING SUPPLY TONKA CYCLE & SKI TOTAL REGISTER TRANSACT TECHNOLOGIES INC TRAVELERS DIRECTORY SERVICE TWIN CITY OXYGEN CO UNIFORMS UNLIMITED UNLIMITED SUPPLIES INC US FILTEWATERPRO US OFFICE PRODUCTS VIDEOTRONIX INC VTI W W GRAINGER INC WATER SPECIALITY OF MN INC WATSON CO INC THE WEST WELD WESTWOOD PROFESSIONAL SERVICES YALE INCORPORATED ZAHN GERALD ZEE MEDICAL SERVICE Account Description Clothing & Uniforms Equipment Repair & Maint Equipment Repair & Maint Operating Supplies Other Contracted Services Equipment Parts Safety Supplies Design & Engineering Recreation Supplies Small Tools Repair & Maint. Supplies Other Contracted Services Other Contracted Services Deposits Employment Advertising Legal Notices Publishing Recreation Supplies Repair & Maint. Supplies Design & Engineering Leasehold Improvements Equipment Repair & Maint Clothing & Uniforms Protective Clothing Equipment Parts Dues & Subscriptions Tires Employment Advertising Waste Disposal Equipment Repair & Maint Other Assets Other Contracted Services Equipment Repair & Maint Repair & Maint. Supplies Other Contracted Services Office Supplies Advertising Operating Supplies Equipment Parts Equipment Parts Equipment Repair & Maint Oftice Supplies Operating Supplies Training Supplies Small Tools Chemicals Merchandise for Resale Small Tools Design & Engineering Other Contracted Services Other Contracted Sewices Safety Supplies Business Unit Police Fleet Services Park Maintenance Senior Center Program Basketball Water Meter Repair Risk Management Improvement Projects 1996 Pool Lessons Fleet Services Ice Arena Housing Trans & Human Serv Park Maintenance Escrow Human Resources City Clerk Softball Maintenance Capital Impr. I Maint. Fund Prairie Village Liquor Store Fleet Services Police Reserves Fleet Services City Council Fleet Services Human Resources Outdoor Center Maintenance Capital Impr. I Maint. Fund Water Treatment Plant Park Maintenance Fitness Center Prairie Village Liquor Store Community Center Admin Prairie View Liquor Store Fire Fleet Services Fleet Services Water Meter Repair Water Utility - General Police In Service Training Sewer System Maintenance Pool Maintenance Concessions Fleet Services TIF fund Water Treatment Plant Volleyball Pool Operations 935,671 Grand Total City of Eden Prairie Council Check Summary 4/17/2001 Division 101 110 111 112 113 114 115 116 130 131 132 133 134 136 151 153 154 156 157 158 160 161 1 62 163 180 184 185 186 200 20 1 202 203 117 204 300 301 307 503 506 507 509 51 0 601 602 603 701 702 703 803 General Legislative City Clerk General Human Resources Communication Services Benefits & Training Risk Management Facilities Assessing Finance Housing Trans Social Service Community Development Heritage Preservation Wireless Communication Park Maintenance Athletic Programs Community Center Youth Programs Special Events Senior Center Adaptive Recreation Oak Point Pool Arts Park Facilities Police Fire Animal Control Inspections Engineering Street Maintenance Street Lighting Fleet Services City Center Equipment Revolving Heritage Preservation Grants CDBG Drug Forfeiture Utility Improvement lmprovment Bonds 1996 TIF Improvement Fund CIP Fund Fire Station Construction Prairie Village Liquor Den Road Liquor Prairie View Liquor Water Fund Sewer Fund Storm Drainage Fund Escrow Fund Amount 355,940 2,200 873 11,194 5,222 285 4,542 1,029 2,995 81 140 12,088 4,934 21 2 46 2,757 15,832 10,502 2,934 30 7,455 204 229 189 175 12,596 17,737 71 168 435 1 1,221 280 12,965 1,360 27,479 36 74 315 10,687 24,929 15,771 2,236 49,680 96,333 51,555 129,942 1,820 10,336 2,835 935,671 12,722 CITY COUNCIL AGENDA SECTION: Resolutions and Ordinances I ' SERVICE AREA/DMSION: ITEM DESCRIPTION: Engineering Services Rodney W. Rue Eugene A: Dietz I.C. 94-5369, Approve Amendment No. 1 to Construction Cooperative Agreement for CSAH 1 (Pioneer Trail) (Resolution) DATE: April 17,2001 ITEM NO.: E. A, Requested Action Moveto: Adopt the Resolution approving Amendment No. 1 to the Construction Cooperative Agreement with Hennepin County for the CSAH 1 (Pioneer Trail). Synopsis This amendment indicates that the City agrees to indemnify Hennepin County for any liability associated with any landscape items constructed or planted within the County's right-of-way. Generally, this indemnification covers proposed landscaping in the median of CSAH 1 (Pioneer Trail) near Purgatory Creek. Background Information Ai part of the CSAH 1 (Pioneer Trail) construction project and associated Construction Cooperative Agreement, the City was responsible for the design and implementation of the landscape plan for the project. The stafc together with a group of corridor residents, are currently developing the landscape plans. This amendment has no direct financial implications. However, it will require the City to own and maintain the landscape materials installed within the County right-of-way. Attachments Amendment No. 1 to Construction Cooperative Agreement I CITY OF EDEN PRAIRIE HENNEPIN COTJNTY, MINNESOTA RESOLUTION NO. 01- APPROVAL OF AMENDMENT NO. 1 TO CONSTRUCTION COOPERATIVE AGREEMENT FOR CSAa 1 (PIONEER TRAIL) FROM HENNEPIN TOWN ROAD TO TH 212 (F'LYING CLOUD DRIVE) I.C. 94-5369 WHEREAS, Hennepin County has prepared construction plans for the construction of CSAH 1 roadway improvements from Hennepin Town Road to TH 212 (Flyhg Cloud Drive) within the corporate boundaries of the City of Eden Prairie; WHEREAS, the City of Eden Prairie has approved said construction plans; WHEREAS, a Construction Cooperative Agreement has been prepared by Hennepin County which identifies the maintenance and financial obligations for the construction of said improvements; WHEREAS, the City of Eden Prairie has approved said Construction Cooperative Agreement; WHEREAS, an Amendment to the Construction Cooperative Agreement has been prepared by Hennepin County which indemnifies the County for items constructed or planted as part of the landscape project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eden Prairie that said Amendment No. 1 to Construction Cooperative Agreement No. PW59-49-98 for County . Project No. 9320 (City Project 94-5369) is hereby approved and the Mayor and City Manager are authorized to execute the agreement on behalf of the City of Eden Prairie. ADOPTED by the City Council of the City of Eden Prairie on April 17,2001. ATTEST: Jean L. Harris, Mayor SEAL Kathleen A. Porta, City Clerk ** -* Amendment No. 1 to Agreement No. PW 59-49-98 County Project No. 9320 County State Aid Highway No. 1 City of Eden Prairie County of Hennepin CONSTRUCTION COOPERATIVE AGREEMENT AMENDMENT THIS AGREEMENT AMENDMENT, Made and entered into this ‘ .*. dayof , 2001 by and between the County of Hennepin, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the “County’l, and the City of Eden Prairie, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the “City”. WITNESSETH: WHEREAS, There exists a full force and effect Hennepin County Agreement No. PW 59-49-98, dated July 19,2000, between the City and the County which among other things provides for the preparation of plans for‘a Landscaping Project by the City along CSAH 1 (a.k.a. Pioneer Trail) between Trunk Highway 212 and Hennepin Town Road; and WHEREAS, During the ongoing development of the aforesaid Landscaping Project plans it has been discovered that the indemnification clause required for such work within the County’s right of way was inadvertently omitted fiom said Agreement No. PW 59-49-98; and WHEREAS, The parties hereto, therefore, desire to amend said Agreement No. PW 59-49-98 as hereinafter set forth: NOW THEREFORE, IT IS HEREBY AGREED: I The following indemnification clause is hereby added to Section XXXII: The City also agrees to defend, indemnify and hold harmless the County, its officials, officers, agents, volunteers and employees, fi-om any liabilities, claims, causes of action, judgments, damages, losses, costs or expenses, including, reasonable attorneys’ fees, resulting directly or indirectly fkom any act or omission of the City, its contractors, anyone directly or indirectly employed by them, and/or anyone for whose acts andor omissions they may be liable for related to the ownership, maintenance, existence, restoration, repair or replacement of any item constructed or planted as part of the Landscaping Project. The City’s liability shall be governed by the provisions of Minnesota Statutes, Chapter 466 or other applicable law. 9. .. . -.- 11 Agreement No. PW 59-49-98 CSAH 1; C.P. 9320 Except as provided herein, all terms and conditions in said Hennepin County Agreement No. PW 59-49-98 shall remain in full force and effect. (This space left intentionally blank) 44 ..*' , ..e Agreement No. PW 59-49-98 CSAH 1; C.P. 9320 IN TESTIMONY WHEmOF, The parties hereto have caused this Agreement to be executed by their respective duly authorked officers as of the day and year first above written. CITY OF EDEN PRAIRIE (Seal) By: Mayor Date: And: Manager Date: COUNTY OF HEIVWPIN ATTEST: By: By: DeputyKlerk of the County Board Chair of its County Board Date: APPROVED AS TO FORM: wsistant County Attorney Date: 3/L-;, APPROVED AS TO EXECUTION: By: Assistant County Attorney Date: Assistant/Deputy/County Administrator Date: And Assistant County Administrator, Public Works and County Engineer Date: RECOllQl3INDED FOR APPROVAL Director, Transportation Department Date: Date: 4- 5 CITY COUNCIL AGENDA - SECTION: Petitions and Requests SERVICE AREWDMSION Parks and Recreation Through: Robert A. Lambert Director From: Stuart A. Fo Parks & Natural Resource ITEM DESCRIPTION Request for a 42” Grave Marker at Pleasant Hill Cm‘etery by Dolores Hodge DATE: April 17,2001 ITEM NO: X.k< Requested Action Move to: Deny the request by Dolores Hodge to place a 42” marker at Pleasant Hill Cemetery base,d on current cemetery rules and regulations; OR. Approve the request and direct staff to prepare a resolution changing the specified size of cemetery monuments markers as currently designated in the Cemetery Rules and Regulations, OR Move to: Move to: Authorize the ‘request as an exception for this specific request based on the information submitted to the City Council. Synopsis City staff has received a request fiom Dolores Hodge to place a 42” grave marker at Pleasant Hill cemetery. Staff has spoken with Ms. Hodge several times in the past year, and she is bringing this request to the City Council. Attached is her letter requesting that the City Council grant a variance of Pleasant Hill Cemetery Rules and Regulations, which is operated by the City of Eden Prairie. Under the Rules and Regulations for Pleasant Hill Cemetery, monument markers are restricted to 12x24 for a single grave or 12x36 inches in size for a double grave. There is a condition that makes it possible for a larger marker if approved by the City. Background Information :x When the Board members of the Pleasant Hill Cemetery Association approached the City in 1986 they requested that the City take over operation of Pleasant Hills Cemetery. Pleasant Hill Cemetery had been operated as a public cemetery for approximately 102 years under the laws of the State of Minnesota, and was governed by state laws in tern of operation and management. City Council Agenda 4/17/2001 Request for 42’’ Marker at Pleasant Hilz Cemetery Page 2 - When the Cemetery Association Board met with City staff they voiced a concern’that they were no longer able to manage the cemetery and desired to have this public cemetery be operated by the City of Eden Prairie. City staff, City Attorneys Office, and City Council.discussed the proposal and accepted the transfer of ownership fiom the Cemetery Association in December of 1987. At the time of transfer, City staff was requested to put together rules and regulations governing the operation of the’cemetery. City staff utilized information from the Pleasant Hill Cemetery Association Board members, the Minnesota Association of Cemetery Officials, the Cities of Anoka, Bloomington, Champlin, and Plymouth. In addition, the City contacted several public cemeteries in Prior Lake, St. Anthony, and Chanhassen. The staff also utilized information fiom the hternational City Management Association regarding operation and maintenance of public cemeteries. Based on all the information that was gathered, the City staff in conjunction with the City Attorney’s Office put together the rules and regulations that are attached to this memo. In the staffs research, it was apparent that consistency in rules was needed to successfully operate a public cemetery. At the time that the City accepted the operation responsibilities for the cemetery from the Pleasant Hill Association, they had put in place several rules and regulations regarding the operation of the cemetery. These included restrictions to flush markers, as well as regulations regarding the number of bodies that could be interned in a grave, as well as the conditions and costs related sale of cemetery lots. The staff took this information and incorporated them into the rules and regulations. Since the previous Association had stipulated flush markers, the staff felt compelled to continue with the information that they had given to individuals that had purchased cemetery grave lots. At the time of writing the rules and regulations, the marker stipulations were the same as what is found in Section 8 of the attached rules and regulations. A copy of the rules and regulations were distributed to area funeral homes at the time of the transfer of ownership to the City of Eden Prairie. Individuals purchasing a grave lot are also given a copy of the rules and regulations at the time of lot purchase. When staff meets with perspective buyers, we do answer a number of questions regarding not only cost, but also operation of the cemetery, markers, flowers, and miscellaneod questions that interested individuals may ask. I As outlined in Ms. Hodges’ request she does indicate that there are markers at the cemetery that do not meet the criteria as outlined in the rules and regulations. Staff recognizes this; however, this is the exception and not the rule. The cemetery is comprised of three separate sections and in the first section, which is the oldest part of the cemetery there is a quite a bit of variance that also includes above ground monuments that are not allowed under the rules and regulations in Section 3, the newest portion of the cemetery in which Ms. Hodges’ daughter is buried. City staff does not set all of the markers in the cemetery and we have discovered that even thou@ we have made the rules and regulations available to individuals, azwell as to several monument companies, there have been a couple of instances where a few markers larger than the allowed size have been placed. The staff has been consistent related to the following: City Council Agenda 4/17/2001 Request for 42yy Marker at PIeasant Hill Cemetery Page 3 0 0 0 Information that was given to the City at the time of transfer was that the size of grave markers was to be 12x24 inches for a single &d 12x30 inches for double flatmarker. Marker size information that has been given both verbally and in written form to individuals since 1987 has been consistent. Maintenance of the cemetery is the responsibility of the City and should a marker be damaged during the process of digging a grave, it would be the City’s responsibility to bear the cost of replacing that maker. Another concern that the staff has regarding allowing larger markers involves the digging of new graves, in particular during the winter months when the ground is fi-ozen. When the ground is fi-ozen a heater has to be used to thaw the ground prior to digging. Application of heat to the area increased the likelihood that a marker might be cracked, especially if it straddles two adjacent graves. The larger the monument stone, the more difficult it becomes to work around that grave marker without risking damage. The City is responsible for the markers if they are damaged. Staff realizes that the death of a loved one is a very emotional time and dealing with matters such as selection of a grave and placement of marker does become a very difficult decision for individuals. However, the staff feels that based on the information that we have been utilizing in operation of the cemetery for the past 14 years, as well as the previous Association should be the factor that is considered in this matter. To change the marker size at this time could lead to confusion by other individuals that were told that they needed to purchase a specific size marker, and during a visit to the cemetery would discover that larger markers are becoming more and more fiequently placed. This could lead to questions as to why a change in marker sizes was made. Attachments: City of Eden Prairie Pleasant Hill Cemetery Rules & Regulations SAF:mdd K/Administration/Agenda PreparatiodCC Packet/Aprill7,2001/ParkdCemetery Request ... Eden Prairie City Council With this letter, in lieu of a personal appearance before the City Council which would be too emotional for me, I would request permission to have a 42-inch grave mark far the double burial plots I recently . ,+ purchased for my deceased daughter, Starr Allison Hodge and her surviving twin sister, Stacey Lynne Hodge. Since there are larger grave markers than the size specXed for adjoining plots (30"), some 36" and one directly behind Starr's grave of 42", I feel this is a r&sonable request. I sincerely hope this requestwill be granted so I may have the marker installed by the one-year anniversary of her death, May 11, so that this may bring closure to us. . Dolores Hodge 16463 Ellerdale Lane Eden prairie, MN 55346 ... c 4 CITY OF EDEN PRAIRIE PLEASANT HILL CEMETERY RULES AND REGULATIONS 1. Interments 1.1 Lot Owners are only granted the right of interment in their lots. The’City of Eden Prairie reserves the right to refuse to permit inkrment of anyone who is not a relative of the owner, by blood or marriage. Written, notarized permission of the lot must accompany all requests for permits to bury persons not members of the immediate family of the lot owner. l.2 No interment shall be made in the cemetery except upon at least 24 hours notice prior to the time set for the funeral service. 1.3 . No casket shall be interred within the cemetery grounds unless first properly enclosed in a concrete vault or box. Ashes must be placed in an arn prior to burial. 1.4 Prior to interment, in the event that an owner of a lot or funeral director fails or neglects to inform the City of the specific location of where the burial is to take place, the City of Eden Prairie reserves the right to designate the location of said interment. In the event that an owner of a lot or a funeral director fails or neglects to inform the City of specific dimensions of the vault to be used in said interment, the City shall assume the dimensions to. be that of a normal, average vault, and shall act thereon without assuming any liability in the event that the actual dimensions are different. Information as to the specific location of the intended interment and the specific dimensions of the vault used therein shall be given to the City in writing. Any mistakes or errors made in the location of interment or size of grave occurring as a result of receiving oral information, or incomplete or incomprehensible written information, shall not result in any liability on behalf of the City. The owner of the lot andlor funeral director shall be responsible for procuring the interment permit and shall be responsible for properly identifying the body to be interred before it is placed in the vault. In the event any mistakes or errors are made as to the information in the interment permit or as to the identification of the body, the City shall not be held liable. No interment of two or more bodies shall be made on one-grave except in the following cases: 1.5 1.6 2 (1) (2) (3) (4) A parent and child may be bvried in one casket. Two infants may be buried in one casket. Two urns of ashes may be buried on one grave. One body in a casket and one urn of ashes may be buried in one grave. 2: 3. 4. 1.7 No interments may be made in the cemetery unless all the ordinances, rules, and regulations regarding interments have been complied with and until the purchase price of said lot and aU burial fees are paid, or arrangements have been made with the City to pay for such costs. 1.8 No interment or removal shall be permitted on any Sunday or any legal holiday, except in the case of death attributed to a contagious disease. 1.9 The cost of interments, including the burial of ashes, shall be determined by the City, and is subject to change. A current fee schedule may be.obtained at the City offices. Delav of Interment 2.1 The City of Eden Prairie will not be liable for 'any delay in the interment of a body when a protest to the interment.has been made or where failure to comply with rules and regulations result in delay of interment. Disinterments 3.1 Before any grave may be opened for any purpose, written permission of the next- of-kin of the body to be disintered shall be filed with the City, along with written permission of the lot owner, unless said lot owner is predeceased. Notice of disinterment must be given to the City at least one (1) month prior to the scheduled event. This provision does not apply when disinterment is ordered by a duly authorized public authority. 3.2 The costs of disinterments shall be determined by the City, and shall be the same as the current cost of interments. Conditions of Lot Purchases 4.1 All lots will be sold subject to these rules and regulations and any amendments or adoption thereto. The purchaser shall expressly agree, in the deed conveying the lot, that their rights are subject to such reasonable rules and regulations as the City Council may adopt. The deed, as well as these rules and regulations and any amendments thereto shall constitute the complete sale agreement between the cemetery and the lot owners. No lot shall be used for any purpose other than the burial of human remains and the placement of appropriate memorials, pursuant to the rules and regulations of the cemetery. 4.2 4.3 No easement or right of interment is granted to any lot owner in any road, drive, alley, or walkway within the Pleasant Hill Cemetery, but such road, drive, alley or walkway may be used as a means of access to the owner's cemetery lot or lots. 4.4 In the event any errors are made by the City or agent thereof in making interments, disinterments, or removal, or in the description, transfer or conveyance of any interment property, the City shall have the right to correct such error by: (a) canceling such conveyance and substituting and conveying in lieu thereof another interment property of equal value in a location to be determined by the City, or (b) refunding the amount of money paid on account of said purchase. 5. Purchase of Lots 5.1 All fees, costs, or charges shall be set by the City and are payable to the City of Eden Prairie at the City offices located at 8080 Mitchell Road, Eden Prairie, Minnesota. 5.2 Upon full payment of the purchase price of. the lot or lots, the City of Eden Prairie will issue a cemetery Deed conveying the lot, executed by the. City, and the Deed shall be recorded in the records of the City. Description of the lots will be i.q accordance with the cemetery plats, which are kept at the City offices. 6. Transfer of Lots 6.1 . In order to. transfer a cemetery lot to another, the owner must complete a Transfer of Ownership document provided by the City, and have the same signed by a witness and notarized by a Notary Public. The Transfer of Ownership document must be reviewed and approved by the City prior to the transfer of 'a lot by the owner. The owner of a lot may transfer said lot to: (1) The City of Eden Prairie at the original sale price, or if: the original price is unknown, the resale price shall be the current sale price for a similar lot; any surviving relative by will for the use and benefit of the person designated in the will; (2) . (3) any person who is a resident of the City of Eden Prairie; or ... (4) any other person approved by the City of Eden Prairie upon application by the owner of the lot, . When a transfer has been made in conformance with these rules, the City will issue a deed to the new owner upon surrender, of the prior deed belonging to the previous owner. The surrendered deed will then be canceled and retained by the City. 6.2 No lot or grave will be permitted to be re-sold, disposed of, or otherwise used until the purchase price, and all unpaid fees, costs or charges have been paid in full. 6.3 No cemetery lot ,or grave may be re-sold or otherwise disposed of without prior approval of the City. 6.4 Lot owners may not allow interments to be made on their lots for remuneration unless the transfer of lot process has been completed and approved by the City. ' 7. Descent of Lots 7.1 On the death of a lot owner, such lot shall be granted and conveyed by the City to any of the deceased's parents, descendants or siblings, pursuant to the Minnesota Intestate Succession Laws, Minn. Stat. 8525.14, who are qualified to be buried therein, unless provided for by will. The City may request such evidence as it may deem necessary to prove that the lots in question are received by the person who would be entitled to receive them. 8. Markers . 8.1 Every grave marker must be placed in the space reserved therefor as shown upon the plat of such lot, or as directed by the City. 8.2 No monuments will be allowed in the cemetery; only flat grave markers of sizes specified by the City will be allowed therein. Marker size shall be limited to. 12"x24"x4" for a single, flat maker and 12"x3OWx4" for a double, flat marker, unless otherwise approved by the City. 8.3 No marker, nor any part thereof, may be constructed of limestone, sandstone, or any artificial material. No foundation will be required for markers, which shall be set level with the ground. All markers will be set by City of Eden Prairie personnel or by private contractors who must contact the City to receive adequate instruction related to proper placement. Four-inch wide white, cement skirts around markers will be allowed in the cemetery. It will be the responsibility of the owner to have the marker set, however in the event it is set in the white cement, the City shall supervise the work. Any contractors and others involved in such activity must notify the City before commencing any work thereon. 8.4 8.5 S.6 No marker may be placed in the cemetery until payment of the entire marker setting fee have been made to the City of Eden Prairie. 9. Permanent Care 9.1 The general care of -the cemetery is assumed by the City and includes the following: . (1) (2) (3) . (4) cutting of grass at reasonable intervals; raking and cleaning the grounds; pruning of shrubs and trees; and maintaining the general preservation of the lots and grounds, walks, roadways, boundaries, and structures. The general care of the cemetery may be awarded by contract to private firms by the City, if desired. 9.2 General care of the cemetery assumed by the City shall not include the maintenance, repair, or replacement of any grave marker or memorial placed or erected upon lots, not shall it include any special or unusual work in the cemetery. 10. Landscaping Improvements and Decorative Foliage 10.1 Plants and flowers may be placed in pots on stands at grave sites. The City or any of its employees will not be responsible for the damage or destruction to any flowerpot or vase placed directly on the ground. Flowers placed directly on the grave will be removed prior to routine cutting of the grass. 10.2 No trees, shrubs, or vines maybe planted, nor may any fences be erected by any private party on the cemetery grounds. The City reserves the right to remove any tree, shrub, vine, plant, or flower which may become'unsightly, dangerous, diseased, or not in keeping with the landscape design of the cemetery. Pots aqd stands should be removed by November 1st of each year and can be replaced at the appropriate grave site beginning May 20th of each year. If pots and stands are left year-round, the City shall not be responsible for the damage, destruction, or loss thereof. - 10.3 10.4 All landscaping, grading and seeding shall be done by the City of Eden Prairie and its designated employees or contractors. All graves will be seeded and kept flush with the adjacent ground. 11. 10.5 The City will make water available to lot owners for care of flowers and plants in pots and stands from May 20th to October 20th of each year, depending on the weather and/or general availability of water. Cemetery Management 11.1 The responsibility for the management of the Pleasant Elill Cemetery and all matters related thereto shall be vested in the City. 11.2 The Eden Prairie Parks, Recreation and Natural Resources Department shall be responsible for the care and maintenance of the cemetery. 12. Hours 12.1 The cemetery will be open daily to visitors during the hours of 7:OO a.m. to sunset. Permission to enter at all other times shall be secwed from the City. The city reserves the right to refuse admission to the cemetery and to refuse the use of any of the cemetery’s facilities, at any time, to any person or person whom the City may deem objectionable in consideration of the best interest of the cemetery. 13. General Provisions 13.1 Persons within the cemetery shall use only the paths and walkways, and no one is permitted to walk upon or across lots or graves unless it is necessary to do so to gain access to one’s own lot. The City expressly disclaims any liability for any injuries sustained by anyone violating this rule. 13.2 Persons visiting the cemetery or attending funerals are strictly prohibited from writing upon, defacing, or injuring any memorial and from breaking or injuring . any tree, shrub, plant or other structure within the Cemetery grounds. The following acts in addition to any other applicable violations of City ordinances and regulations, are expressly prohibited: (1) 13.3 The driving of motor vehicles into the cemetery, unless attending .a funeral, visiting a relative or friend’s grave site, or carrying on maintenance work authorized by the City. (2) The driving or parking of any motor vehicle across or upon any grave or lot. (3) The.driving of any motor vehicle in excess of ten des-per-hour within the cemetery grounds. (4) Loud or boisterous talking or music. (5) Bringing imches or refreshments into the cemetery or consuming them on the grounds. :$ (6) Dogs and other family pets are not permitted. on the’ cemetery grounds, with the exception of seeing eye dogs. (7) Peddling or soliciting the sale of any commodity within the cemetery grounds. 13.4 13.5 13.6 13.7 (8) Placing of signs, notices, or advertisements of any kind within the cemetery. (9) Bringing firearms into the cemetery except by military escort accompanying a veteran’s funeral, attending memorial services, or by police officers. Special cases may arise in which the literal enforcement or interpretation of a rule may impose an unnecessary hardship. In such cases the City reserves the right to make exceptions, suspensions, or modifications of any of these rules and regulations, when the City deems that such action appears to be necessary. Such a temporary exception, suspension, or modification shalljn no way be construed as affecting the general application of such Rules and Regulations. The City of Eden Prairie reserves the right to remove dl monuments, markers, flowers, plants, trees, decorations or other similar objects whenever they become unsafe or unsightly without incurring any liability to any party. Specific costs for lots, interments, disinterments, burial of ashes and setting markers are not included in these Rules and Regulations since these are set by resolution of the City Council. A current schedule of fees can be obtained at the City offices. The City of Eden Prairie reserves the right to amend these Rules and Regulations whenever it is determined that it is in the best interest of the cemetery to do so. The City is not required to give notice of such intended action to any person. cemeterylStu60 December 28, 1994 CITY COUNCIL AGENDA SECTION: Requests, Petitions and Communications DATE: April 17,2001 1 SERVICE AREA/DMSION: ITEM DESCRIPTION: 1 ITEMNO.: x TI& Chris Enger, City Manager Requests fi-om Friends of Birch Island Woods Requested Action Ifthe City Council wishes to take any action regarding the requests porn Friends of Birch Island Woods, an appropriate motion would be to: Move to: Direct request fi-om Friends of Birch Island Woods to the City staff for review and report at the May 1,2001, Council Meeting. Synopsis Friends of Birch Island Woods have made several significant requests of the City Council as of 3:OO p.m., Thursday, April 12,2001. Time has not allowed any review of these requests. In the hture, I would recommend that items to be considered for an upcoming Council Agenda be complete and to the City no later than noon the Tuesday preceding the meeting. This time period will not allow for staff review and recommendation on an item, but will provide adequate time for it to be included properly on the agenda. Persons wishing to propose a significant action by the City Council which would require staff review and recommendation should work with City staff a minimum of two weeks prior to the City Council Meeting. Background Information Th,e City of Eden Prairie is working with Hennepin County for the potential acquisition of Parcel A of Birch Island Woods, subject to the availability of: A 50% or greater matching grant Availability of funds within a two-year period to cover the balance of the acquisition of Parcel A Attachments Letter &om Geri Westemam, dated April 12,2001, with attachments April 12,2001 Eden Prairie City Council do Loran McWaters 8080 Mitchell Rd. Eden Prairie, MN 55344 Re: April 17,2001 City Council Agenda Dear Mayor Harris, City Council Members and Ms, McWaters: On behdf of the Friends of Birch Island Woods, thank you for allowing us the to be placed upon the April 17,2001 agenda to discuss the following matters: 1. Requesting removal of the "No Trespassing" signs posted by Hennepin County on the area known as Birch Island Woods and adjacent property; 2. Authorizing city staff to work with Hennepin County to conduct a Phase I1 site assessment as soon as possible, but in no event later than the date of conveyance: 3. Authorizing city staff to explore, as soon as possible, the option of payment, if any, over time with Henneph County for acquisition of area known as and adjacent to Birch Island Woods; 4. Requesting a reappraisal of "Parcel A" as set forth in the January 3 1,200 1 Appraisal Report in the event "Parcel D" and "Parcel E" are excluded from consideration regarding value; and 5. Authorizing a special election for the following question: "Should the City of Eden Prairie be authorized to sell and issue its General Obligation Bonds in the amount not to exceed [market value and bond costs] to acquire property presently owned by Hennepin County near Birch Island Park as a nature conservation area subject to a conservation easement in favor of a qualified conservation organization such as the Minnesota Land Trust." Letter to Eden Prairie City Council April 12,2001 Page 3 AttaChed hereto for your consideration and review are written materials pertaining to the aforementioned requests. Thank you for the opportunity to address these requests. Friends bf Bikch Island Woods cc: Chris Enger, City Manager Thomas Casey, Esq. 3 FRIENDS OF BIRCH ISLAND WOODS AGENDA ITEMS (APRIL 17,2001) I. Removal of "No Trespassing Signs" Hemepin County recently posted "No Trespassing'' signs on the county owned land known as Birch Island Woods and on other property adjacent to same on Edenvale Blvd and Indian Chief Road. It is the first time in 80+ years that Hennepin County has placed "No Trespassing" signs on property used by residents of Eden Prairie and surrounding communities for recreational purposes. On behalf of the Friends of Birch Island Woods, a February 22,2001 letter was sent to a Hennepin County official, requesting, among other matters, a copy of any written county policy for posting "No Trespassing" signs on its unimproved properties. [A copy of the February 22,2001 letter is attached as Appendix "A"]. On February 28,2001 , Ms. Wilda of Hennepin County responded by clanfylng that the County has no written policy addressing the posting of "No Trespassing" signs on surplus property, stating that it is an action sometimes taken depending on the size and location of unused land. [A copy of the February 28,2001 letter is attached as Appendix "B"]. The Friends of Birch Island Woods respectfully requests that all reasonable steps be taken with the County to remove the "No Trespassing" signs surrounding Birch Island Woods to permit Earth Day activities and other recreational enjoyment consistent with 80+ prior years of use. 2. A Phase I site assessment on the property horn as Birch Island Woods was completed on January 19,2001. The Phase I concluded in part that dumping (both authorized and unauthorized) on the property represented a potential impact to ground water and soil. (See Report at pgs. 20 & 2 1 ). While not visibly apparent, the potential for groundwater and soil contamination underscored by the sworn statement of Terry Picha based upon his personal observations, supports the undertaking and completion of a Phase I1 site assessment as soon as possible. [Terry Picha's notarized statement regarding dumping and other personal observations is attached as Appendix 'C"]. 3. According to the public testimony of a Henneph County official, the City of Eden Prairie has not requested or sought the possibility of installment payments (if payment is made) for acquisition of the property known as Birch Island Woods and adjoining areas. The Friends of Birch Island Woods respectfully request that installment payments be explored with Hennepin County as soon as possible, particularly since Hennepin County precedent exists for intallment payments when suplus property is sold to a municipality. 4. In the event an agreement between the City and the County has been reached to exclude properties along Edenvale Blvd. described as "Parcel D" and "Parcel C" in the January 3 1 , 200 1 appraisal fyom acquisition, the primary piece of property making up Birch Island Woods (described as "Parcel A" in the appraisal report) should be reappraised. 5. In the event the City's applications for grants prove unsuccessful or fall short of the required purchase price, it is respectfully suggested that alternate funding sources for acquisition of the property be in place, including, but not limited to, a special election. 02/22/01 12:M FAX 1952 412 4ffl I "EONAS E. CASH Thomas E. Casey February 22, 2oul Attorney at Law 2854 Cambridge Mound, Mimewtr 55364 (952) 472-1039 . FSX: (952) 472-4771 MP. Marcia Wilda Hennepin County Transit and Coxnupity Works 417 Norttl Sth Street, Suite 320 Winneapolis, MN 55401 UOl RE: Birch Island Woods - ~innssota Government Data Practices Act taque6t Pursuant to the Minnesota Government Dags Ptactrfces Aut (Minn. Stat. 13.01 et seq.) I please send me a copy of the appraisal wbtahed by the City of Itden Prairie and itannapin County for the coWty-owned parcels known as "Birch Island Waoda." This raquafit also includes all documants and information provided to the appraiser. You will note that Minziesota Statute 13.114, SUM. 3(b)(1) atatee that appraisal data becomes negotiating parties exchange apprdfials. Psairje and Wemepin Ceunty have exchanged this agpraiaal with each other, thereby creating a "publicn classifScation of thia data. My client ha8 also informed me that the Hennepfn County has posted Wo Trespassing" sign6 on the 3irch Island WOOCIS property. Practices Act, please prctvide me with a copy of dwcummnte evidencing: 1, Hennapin County's reason fos posting the Wo Trespassing" signs on Birch Tsland Woods; 2. why it-was neceeeary g& a to post the "€40 Trespassing'' signs on ~irch ~slanB wood., especially since Hannepin County has awnad this property for decades; 3. Hennepin countyns policy, if any, for pwting "NJO TrespassingH signs on its unhnproved properties, including th8 date the pollcy went into tfZGCt; and when the The City of Eden - Pursuant to the Winnasota Govclrnment Data 4. which other usahproved liemegin County properties have (and Uo not have) '~NP l?respa66hgH signs, The Eden Prairie City CouncSl minuter (a/6/01) state that Hennepfn County agreed to provide a Phase 1 Enviranmental. Audit and will split the cost with the city of Earn Prairie. The minutrs also euggost that a fhasie B may be necessary. Pursuant to the. Minnesota Ootrernmaurt mta Practices Act, plcarr provide me with a copy of these documant6 as soon as they are completed. Please call ms in advance if the estimated cost to obtain -e requested docuraents excaeds $50.00. on behalf of Friend& of Birch Island Woads, thmk yu again for gaur kind coaperation. TEC:rf CQ: ma ' IEtritirids of ,Birch Island .Woods f i18 P.S. - REWINDER: A8 you are aware, by December 1, 2000, each government unit shall designate an Wp10ye8 to act as the data practices complianae offiaial to whom requests can be nude. (See Mim. Stat, 13.05, Subd. 13; chaptar 468, Section 7, 2000 Session Laws*) Please provfde me with the name and telephane n-r of the Rennepin County employee, ? Hennepin County Februaty 28,2001 Mr. Tom E. Cwey 2854 Cambridge Mmd,MN 55364 DearMr. casey: In responsr: to your ictter dated February 22,2001, please be advised that I have asked Bob Lanabat of the City of Eden prpirie to sham the joint appraisal witb yau and your clients. The only information that will be removed fiom this report relates spificdIy to market value conclusions for the industrial parcel which Hemepin County intends to sell on the open market and which is protected nonpublic data under Minnesota Statutes 13.44, &. 3. All hfommatiim addressing the land proposed to be sold to the city will be discloswl YOU also inquired about the "No Trespassing" signs rocentlyposted at the Birch Island property. 1 am not aware: of any documeats pntaining to the postixqg of signs. The installatipn of there signs wm a liability precaution on the part ofthe County. Nthough 1 am not am of a written policy addressing posting of surplus property, it is an action we somatimes take dcpcndins on the size and location of the mused land The County's "'Elwell Farm'' proparty in Mcdina is mother example where we felt it prudent to identify that dumpingy hunting and trapasing is not permitted- A Phase I Environmental Assessment has been completed and I will request an additional copy for you. As an alternative, you can ask to mviw the copy the city has received. The Phase I Environmcntat Assessment will be provided in response to pur d&a practices request, however, the County claims prnprietriryrighcs ia the rqmrt, and wauthoxizcd use or finther distribution is strictly prohibited. Mr. Gury Ktmp, 612-348-3234, is the C0W;ry's CiacrapraEtiCes camplianoc ofilicial. If yrrk have questions regadkg this letter, I can be reached at 612-348-8537. Marcia Wilda Leasing & Land Management C: BobLambert beouorvat ob Tndt isr Community Works $17 North Fi bet, Suite 320 MsN\eapoli, Minnccota 55$011362 (612) 348-9260 FAxs(612) 348-9710 -paw January 4,2001 . Mr. Chris Eqer Eden P&e City Manager 8080 Mitchell R&d Eden Prairie, MN 55346 v . . Re: Brch Island Woods land appraiscti Dear Mr, Enger; An area of concern during the apprctisal of Birch blmd Woods is an old Glen Lake Sanatorium dumpsite. This site exists just west of the concrete stab of the old hog bm. This is west of Indian Chief Road on the main trailhead thru Birch Island Woods. This dumpsite was a iarge area. It went &om the top of the grade down into the wetland to the west. It ran Erom $he old raiiroad bed at the south to the northern edge of the hog barn slab, which still remains on the pmpaty. This dump was used to'dispose of dous wasteitems fiom the Glen Lake Tuberculosis Sanatorium. The dumpsite was operated by sanatorium employee Ray Livingston until about 1959. The site was handoned when the hog fixding operation clcrsed. Wegal dumping of many items including various cans snd contractor supplies were hauled into this dumpsite throughout the 1960'q 1970's, and earfy 1980's. Thif dumpsite was oovered With earth in the early 1970's and again in the 1980%. Sail borings win confirm this fact. I participated in a couple of CitiZen organized Earth Day cleanup &orts Qf the area in the early 1980's. I donated my fkont end loader to pull out old car bodies and other large &ems fiom the site. Browning Ferris brought in large garbage trucks which were 61kd with items that had been illegally dumped on the already soil CQVW~~ SanatoriUn dumpsite. Being that this dump was used hr many yeus by the Glen Lake TuberGulosis Stmatoxiurn and illegally by citizens and conf~o~cfofs, I feel that this dumpsite shoukh't have been covered by earth and now canve~may forgotten about by Hemepin County. EE.P.A. findings would direct this dump area to be excavated and properly disposed utj this would be a very costly problem. This possiWiity has ta be considered when appraising the value of this propbay. . 9 I SECTION: Report of the Public Works Services Director I April 17, 2o01 ITEM DESCRIPTION: Morraine Way Pond Evaluation I SERVICE AREADMSION: Public Works Service Area Leslie Stovring / Eugene Dietz Requested Action Move to: . Receive the Morraine Way Pond Evaluation; and Direct Staff to mail the report to all who signed the petition with a cover letter from the City OR Move to: Receive the Morraine Way Pond Evaluation; and . Direct Staff to schedule the item on Petitions and Requests on the Council agenda and invite the residents to a City Council meeting OR t Move to: . Receive the Morraine Way Pond Evaluation; and Direct Staff to schedule a workshop later this yeas to discuss the item Synopsis A petition was received in October 2000 regarding the condition of the neighborhood pond bordered by Morraine Way, View Laney Canyon Ridge and Village Woods Drive (Morrahe Way Pond). The attached report summarizes the Staff findings regarding the condition of this pond. Staff requests direction on sharing this information with the residents who signed the petition. Background Information Staff has reviewed the information provided by the Minnesota Department of Transportation OOT), ow consultant Montgomery Watson, and general observations and drainage maps of the City. No single cause for the condition of the pond was determined. However, many ponds and wetlands within the City were in a similar condition last year, likely as a result of climatological conditions. Staff has determined there are three alternatives to provide this infomation to the residents and would like direction on which alternative to pursue. They are: I Monaine Way Pond Evaluation April 17,2001 Page 2 of 2 Direct mailing of the report to all who signed the petition with a cover letter fi-om the City, Schedule the item on Petitions and Requests on the Council agenda and invite the residents to a City Council meeting or Schedule a workshop later this year to discuss the item. Attachments 0 Report dated April 10,2001 from Staff regarding the neighborhood pond. 0 MnDOT letter dated November 14,2000 Memorandum - Wm Prairie To: Mayor and City Council From: Through: Chris Enger, City Manager . Date: April 10,2001 Re: Leslie A. Stovrhg, Environmental Coordinator Gene Dietz, Public Works Services Director Neighborhood Pond Bordered by Morraine Way and View Lane Synopsis Concerns regarding the Morraine Way Pond (Wetland 16-31-A) were expressed during the summer of 2000 from adjacent residents. They stated that water levels of the pond were steadily decreasing from 1999 to 2000. The Minnesota Department of Transportation was contacted to evaluate the pond in relation to their construction activities for Highway 212 to determine if-the drying of the pond was related to their dewatering activities. In October 2000 a petition was signed by the residents of the area voicing their concern regarding the deteriorating condition of the pond. This memorandum is in response to these concerns. Background Information Wetland Information Wetland 16-3 1-A (the Morraine Way pond) is a moderate quality wetland that was Inventoried in 1997 as a mixture of Type 5 open fresh water wetland and Type 3 shallow fresh marsh. Dominant vegetation included smartweed, duckweed, arrowhead, cattail and reed canary grass. It is a DNR Protected Wetland (994W). The wetland does have a stormwater inlet. The average depth estimated during the 1997 City Inventory was 3 feet. Contact Information Initial Contact with Residents Two residents contacted City staff regarding the pond condition in April and May 2000. They were Ms. Kris Johnson and Mr. Sheldon Michaletz, both on Morraine Way. They stated that they had noticed a lowering of the water level in the pond in both 1999 and 2000. Mr. Michaletz, a long time resident, stated that the pond was drier then he could ever remember. Initial Contact with MnDOT I On May 4, 2000, the Minnesota Department of Transportation (MnDOT) was contacted to evaluate the pond condition in relation to their construction activities for Highway 212. Mr. Steve Barrett, Project Engineer for Highway 212 expansion, and Mr. Billy Thomas, District 5 Hydraulics Engineer, were both contacted. They both stated that the construction activities would likely not have impacted this pond. The fact was mentioned that all water bodies within the metro area are lower than normal due to the dry winter conditions and long periods of dry weather we have had during 1999 and 2000. They pointed out that Lake Minnetonka was 18 inches below its normal water level in May 2000. City Staff requested that a groundwater 3 Morraine Wi Pond April IO, 2001 Page 2 of 3 specialist review the pond and drainage area and determine if the construction could be a factor. City data on subwatershed and elevation information was forwarded for their review. Ms. Kris Johnson was given the name and number for MnDOT to contact them for Mer information. Petition In October 2000 the residents of the Morraine Way pond neighborhood submitted a petition. Their petition stated that the pond was now completely dry and they were no longer able to use the pond for activities such as ice-skating and canoeing. They insisted that the drying of the pond coincided with the Highway 212 construction and that the pond has never been as dry as observed during the summer of 2000. The petition requested that City Staff investigate the source of the problem and recti@ it. They also stated that property taxes should be reviewed if the water level of the pond does not recover, as it would no longer be an open water feature. MnDOT Evaluation On November 14, 2000 Mr. Barrett fiom MnDOT submitted a letter in response to Staffs request for an evaluation of the pond. Mr. Barrett stated he reviewed all the information with a staff groundwater geologist. Their opinion was that the dewatering operations were not responsible for the pond drawdown. The dewatering was contained within the immediate construction area and the groundwater within the wells rapidly returned to their original levels. A copy of the letter was forwarded to Ms. Kris Johnson. Montgomery Watson Evaluation Mr. Derek Knapp, P.E., fiom Montgomery Watson was contacted in March 2001 to provide an opinion on the MnDOT letter. Mr. Knapp is our consultant for our Local Water Management Plan who has also done research on groundwater interaction with surface water basins. Mr. Knapp states that the information provided by WOT is likely correct as long as the information provided is accurate. The quick recovery time indicates that the dewatering was temporary and the surface levels should have been quickly replaced by the groundwater aquifer. Climatological variations would have significantly higher effect on surface water and groundwater levels than do localized disturbances such as the dewatering for Highway 212. Roadway construction by itself is typically not a threat to groundwater flow patterns as the road infi-astructure is not deep enough to block subsurface flow patterns. Also, on a regional basis, the groundwater aquifer likely slopes southward, towards the Minnesota River. General Observations by Staf The Morraine Way pond is drier than normal. However, many wetlands evaluated within the City of Eden Prairie during 1999 and 2000 have shown signs of stress fiom abnormally dry conditions. Many wetlands identified as deep water wetlands in the 1997 City Inventory are now being evaluated as shallow marshes or wet meadows. Wet meadows are seeing encroachment of upland and invasive species. The snow and rainfall patterns for 1999 and 2000 have not been normal. For example, for the winter of 1999/2000 snow cover was 20 inches less than average. In addition, the weather was unusually warm so that the snowmelt did not occur in the spring when the water would pool in our ponds and wetlands and be of most benefit. Rainfall during the summer was occasional and in short bursts with long dry spells in between. The drainage area for the wetland is approximately 26.0 acres and the wetland is approximately 4.4 acres in size. This results in a catchment to wetland ratio of 6 acres of drainage area of to 1 I 8 Morraine Way Pond April IO, 2001 Page 3 of 3 acre of wetland (6:l). The standard rule of thumb for drainage area required for a wetland is 8:l to 12:l for Minnesota, with approximately 1O:l for the Metro area (Hamilton and Jenson, 1940). The smaller drainage area would result in a slow recovery time from dry periods. An outlet was constructed for the pond in 1985 due to high water levels. No other construction has occurred within the pond basin that may have contributed to the current condition of the pond. Property Assessment The properties adjacent to the Morraine Way pond were never assessed as an open water feature. Rather, the wetland was assessed as an open space or natural environment. It is generally accepted that wetland ponding areas of this type do experience fluctuations in the water levels with dry and wet periods over time. In addition, as a result of the petition the Assessing Department has flagged this area for special attention regarding property values. No decrease in property values has been noted. Four homes adjoining the pond on Canyon Ridge Drive and Village Woods Drive sold between July and December of 2000. All four increased in sale price since their previous sales. The increases in relation to the number of years owned were 27% (after 2-1/2 years), 33% (after 3-3/4 years), 53% (after 14-1/2 years), and 64% (after 4-3/4 years). The changes in value were typical for the Eden Prairie housing market. Conclusions and Recommendations With these conditions and without long periods of soaking water and average snowfall, the water bodies within the City have been getting dry. Staff believes that the dry conditions seen in the Morraine Way pond and others of similar nature are the result of natural climatological conditions. The water within these ponds should recover naturally after snow cover and rainfall patterns return to normal. However, a long, wet period of weather will likely be need to fully recover water levels to normal. 5 Minnesota Department of Transportation Metropolitan Division Construction Resident Office 7333 Bryant Lake Drive Eden Prairie, MN 55344 ORce Tel. 952-826-677s Fm 952-94 1-545 1 November 14,2000 Leslie A. Stovring Environmental Coordinator City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344-2230 Subj ect: S.P. 2762-12 (T.H. 212~121) T.H. 212 in Hennepin’County Neighborhood Pond Inquiry Dear Ms. Stovring: As we discussed on the phone, I have reviewed the dewatering operations on the subject project and the questions raised by Kris Johnson and her neighbors. Mrs. Johnson has noted a loss of water in the pond behind her house, and has expressed concern that it could have been caused by the our T.H. 212 and Scenic Heights Road construction project. The pond in question is located approximately 1800 feet east of the construction site. The city drainage map indicates that the pond is situated upgrade of Red Rock Lake and outlets to the lake though a storm sewer. Dewatering was done for the T.H. 212 project during the Fall of 1999 and Spring and Summer of 2000. Wells were set along the new alignment of Scenic Heights Road and T.H. 212 through the muck-removal areas on the west end of the Red Rock Lake basin. Water pumped from these wells was deposited back into Red Rock Lake east of the road alignment. Whenever the wells were not pumping, the groundwater rapidly returned to its original level, indicating a very localized drawdown area. I have reviewed this information with a Mn/DOT groundwater geologist. We do not believe that the dewatering operations were responsible for the pond water level drop. Since the dewatering effects were contained within the immediate construction area, groundwater was not impacted near the pond. Since construction did not take place in any part of the pond drainage basin, surface water flows were not impacted by the T.H. project either. We are willing to review any additional investigations relating to the drying of the pond that the City or neighborhood conducts. At this time, however, we believe the problem is not related to the MidDOT construction project. Sincerely, Steven P. Barrett, P.E. Project Engineer An equal opportunity employer