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
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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
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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
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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
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COUNCIL WORKSHOP MINUTES
April 3,2001
Page 3
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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.
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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.
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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
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cITYcoUNcILMINuTEs
April 3,2001
Page 3
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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
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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
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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
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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
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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