Loading...
HomeMy WebLinkAboutCity Council - 05/21/2002 AGENDA EDEN PRAIRIE CITY COUNCIL WORKSHOP/FORUM TUESDAY,MAY 21,2002 CITY CENTER 5:00-6:25 PM,HERITAGE ROOM II 6:30—7:00 PM,COUNCIL CHAMBER CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher,Ron Case,David Luse and Jan Mosman CITY STAFF: • City Manager Scott Neal,Public Safety Director Jim Clark,Public Works Services Director Eugene Dietz,Director of Parks and Recreation Services Bob Lambert, Community Development • and Financial Services Director Don Uram, City Attorney Ric Rosow, and Recorder Lorene McWaters Heritage Room II I. CALL MEETING TO ORDER II. APPROVAL OF AGENDA III. SECOND HAND SMOKE IV. OTHER TOPICS Council Chamber V. OPEN FORUM (Scheduled participants, 6:30-6:50 p.m.) VI. OPEN PODIUM(Unscheduled participants, 6:50-7:00 p.m.) VII. ADJOURNMENT CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. -2002 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA AMENDING CITY - CODE CHAPTER 9 BY ADDING SECTION 9.42; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 9.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. • THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA, ORDAINS: • Section 1. City Code Chapter 9 is amended by adding Section 9.42 as follows: Section 9.42.Eden Prairie Smokefree Air Ordinance of 2002. This Section shall be known as the Eden Prairie Smokefree Air Ordinance of 2002. Subd. 1. General Provisions • . A. Findings and Intent. The Eden Prairie City Council does hereby find that: (1) Numerous studies have found that tobacco smoke is a major contributor to indoor air pollution, and that breathing secondhand smoke(also known as environmental tobacco smoke) is a cause of • disease in healthy nonsmokers,including heart disease, stroke, respiratory disease, and lung cancer. The U.S. Surgeon General has determined that secondhand smoke is responsible for the early deaths of 65,000 Americans annually. (2) The Public Health Service's National Toxicology Program has listed secondhand smoke as a known carcinogen(U.S.DHHS, 2000, citing Cal. EPA, 1997). (3) Secondhand smoke is particularly hazardous to elderly people, individuals with cardiovascular disease, and individuals with impaired respiratory function,including asthmatics and those with obstructive airway disease. Children exposed to secondhand smoke have an increased risk of asthma,respiratory infections, sudden infant death syndrome, developmental abnormalities, and cancer. (4) The Americans With Disabilities Act,which requires that disabled persons have access to public places and workplaces, deems 1 impaired respiratory function to be a disability. (5) The U.S. Surgeon General has determined that the simple separation of smokers and nonsmokers within the same air space may reduce,but does not eliminate,the exposure of nonsmokers to secondhand smoke. The Environmental Protection Agency has determined that secondhand smoke cannot be reduced to safe levels in businesses by high rates of ventilation. Air cleaners, which are only capable of filtering the particulate matter and odors in smoke, do not eliminate the known toxins in secondhand smoke. (6) A significant amount of secondhand smoke exposure occurs in the • workplace. Employees who work in smoke-filled businesses suffer a 25-50%higher risk of heart attack and higher rates of death from cardiovascular disease and cancer, as well as increased acute respiratory disease and measurable decrease in lung function. (7) Smoke-filled workplaces result in higher worker absenteeism due to respiratory disease, lower productivity,higher cleaning and maintenance costs, increased health insurance rates, and increased liability claims for diseases related to exposure to secondhand smoke. (8) Smoking is a potential cause of fires; cigarette and cigar burns and ash stains on merchandise and fixtures causes economic damage to businesses. (9) Accordingly,the Eden Prairie City Council finds and declares that the purposes of this ordinance are (1)to protect the public health and welfare by prohibiting smoking in public places and places of employment; and(2)to guarantee the right of nonsmokers to • breathe smokefree air, and to recognize that the need to breathe smokefree air shall have priority over the desire to smoke. B. Definitions. For the purpose of this section,the following terms shall have the meanings stated: 1. "Business"means a sole proprietorship,partnership,joint venture, corporation,non-profit entity or other business entity, including retail establishments where goods or services are sold as well as professional corporations and other entities where legal,medical, dental, engineering, architectural, or other professional services are delivered. 2 2. "Day Care Facility"means any building,structure or facility, including personal residences while used for any of the following purposes,where child or adult care is provided including but not limited to family day care homes, group day care homes,nursery schools, day nurseries,child day care centers,head start and extended day school age child care programs in or out of the child's home. 3. "Dining Area"means any area containing a counter or tables upon which meals are served. 4. "Employee"means a person who is employed by an employer in consideration for direct or indirect monetary wages or profit, including those employed full-time,part-time, temporary or contracted for from a third party; employee also means any person who volunteers his or her services for a business or non-profit entity. 5. "Employer"means a person,business, partnership, association, corporation, including a municipal corporation,trust, or non-profit entity that employs the services of one or more individual persons. 6. "Enclosed Area"means all space between a floor and ceiling that is enclosed on all sides by solid walls or windows(exclusive of doorways), which extend from the floor to the ceiling with appropriate opernings for ingress and egress. 7. "Health Care Facility" means an office or institution providing care or treatment of diseases,whether physical,mental, or emotional, or other medical,physiological, or psychological conditions, including but not limited to,hospitals, rehabilitation hospitals or other clinics,including weight control clinics,nursing homes, homes for the aging or chronically ill, laboratories, and offices of surgeons,chiropractors,physical therapists,physicians, dentists, and all specialists within these professions.This definition shall include all waiting rooms,hallways,private rooms, semiprivate rooms, and wards within health care facilities. 8. "Mall"means any enclosed public walkway or hall area which serves to connect retail or professional establishments. 9. "Nonprofit entity"means any corporation,unincorporated association or other entity created for charitable,philanthropic, educational, character building,political, social or other similar 3 purposes,the net proceeds from the operations of which are not for private financial gain. A public agency is not a nonprofit entity within the meaning of this Section. 10."Parking ramps and/or garages"means a structure,whether or not enclosed and including unenclosed top levels,where cars are parked. 11."Place of Employment"means an area under the control of a public or private employer that employees normally frequent during the course of employment,including,but not limited to,work areas, offices, employee lounges,restrooms, conference rooms,meeting rooms,classrooms,employee cafeterias,hallways, and vehicles.A private residence is not a"place.of employment"unless it is used as a child care, adult day care,or health care facility. • 12.Private club"means a privately owned or operated facility used for social or recreational purposes where entry into, and use of,the. . facility is restricted to members and guests of members. 13."Public Place"means an area to which the public is invited or in which the public is permitted, including but not limited to,banks, • educational facilities,health care facilities,laundromats,public transportation facilities,reception areas,retail food production and marketing establishments,retail service establishments,retail stores, shopping malls,sports arenas,theaters,and waiting rooms. A private residence is not a"public place"unless it is used as a child care, adult day care,or health care facility. 14."Private Function"means a gathering of persons for the purpose of • deliberation, education,instruction,entertainment, amusement,or dining,where membership or specific invitation is a prerequisite to entry and where the event is not intended to be open to the public. 15."Restaurant"means an eating establishment,including but not limited to, coffee shops,cafeterias, sandwich stands,and private and public school cafeterias,which gives or offers for sale food to the public, guests, students or employees, as well as kitchens and catering facilities in which food is prepared on the premises for serving elsewhere.The term"restaurant" shall include a bar area within the restaurant. 16."Retail Tobacco Store"means a retail store utilized primarily for the sale of tobacco products and accessories and in which the sale 4 of other products is merely incidental. 17."Service Line"means an indoor line in which one(1)or more persons are waiting for or receiving service of any kind,whether or not the service involves the exchange of money. 1 8."Smoking"means inhaling, exhaling,burning, or carrying any lighted cigar,cigarette,pipe,weed,plant, or other combustible substance in any manner or in any form. 19."Sports Arena"means sports pavilions, stadiums, gymnasiums,health spas,boxing arenas,swimming pools, roller and ice rinks,bowling alleys, and other similar places where members of the general public assemble to engage in physical exercise,participate in athletic competition,or witness sports or other events. 20."Work area"means any area of a place of employment enclosed by floor to ceiling walls in which at least one employee is.assigned to perform work for any employer. C. Application of Article to City Owned Facilities. All enclosed • facilities,including buildings and vehicles owned, leased,or operated by the City of Eden Prairie, shall be subject to the provisions of this Section. Subd.2. General Restrictions A. Prohibition of Smoking in Enclosed Public Places. Smoking shall be prohibited in every enclosed Public Place within the City of Eden Prairie, including but not limited to,the following places: 1. All enclosed areas available to and customarily used by the general public and all areas of business establishments generally accessible to the public,including,but not limited to,the public areas of retail stores,banks, and other offices; 2. All reception and waiting areas; 3. Aquariums,galleries, libraries,and museums; 4. Bars,including those in private clubs; 5. Beauty shop and barbershops; 5 6. Bingo facilities when a bingo game is in progress. 7. Buses and other means of public transit directly provided by or provided under contract to the City; 8. Convention facilities. 9. Day care facilities; 10.Elevators, escalators and stairways; 11.Enclosed areas which share the air space, including but not limited to air conditioning,heating or other ventilation systems,entries, doorways,hallways, and stairways,with other enclosed areas in which smoking is prohibited; 12.Facilities primarily used for exhibiting a motion picture,stage, drama, lecture,musical recital, or other similar performance, except when smoking is part of a stage production; 13.Health care facilities; 14.Laundromats; 15.Lobbies,hallways, and other common areas in apartment buildings, condominiums,trailer parks,retirement facilities,nursing homes, and other multiple-unit residential facilities; 16.Malls; 17.Polling places; 18.Public transportation facilities, including buses and taxicabs, and ticket,boarding, and waiting areas of public transit depots; 19.Restaurants including those in a private club; 20.Restaurant/bar combinations including those in a private club; 21.Restrooms; 22.Retail food marketing establishments,including grocery stores and supermarkets; 6 23.Retail stores; 24.Rooms,chambers,places of meeting or public assembly,including school buildings,under the control of an agency,board, commission, committee or council of the City or a political subdivision of the State when a public meeting is in progress, to the extent the place is subject to the jurisdiction of the City; 26. Service lines; • 27. Sports arenas, including enclosed places in outdoor arenas; 28.Theater/bar combinations; 29. Video arcades,bingo parlors, cardrooms, game rooms,poolhalls, dancehalls, and other amusement centers; B.. Prohibition of Smoking in Outdoor Areas. Smoking shall be prohibited in and within twenty(20) feet of the following areas where smoking is prohibited: 1. Any place where people are using or waiting for a service, entry, or a transaction,including but not limited to ATM's,bank teller windows,telephones,ticket lines,bus stops and cab stands; 2. Any place where food and/or drink is offered for sale; 3. Areas not open to the sky; 4. Children's play areas; 5. Entrances and exits to any enclosed Public Place; 6. Open windows of any enclosed Public Place; 7. Public events including but not limited to sports events, entertainment, speaking performances, ceremonies,pageants and fairs; 8. Public parks and gardens; 9. Seating provided by eating establishments and bars; 7 10. Stairways; 11.Within courtyards and other areas where air circulation may be impeded by architectural, landscaping, or other barriers; 12.Within the entryway of any enclosed Public Place; C. Prohibition of Smoking in Places of Employment 1. Smoking shall be prohibited in all enclosed facilities within places of employment without exception. This includes common work areas, auditoriums, classrooms, conference and meeting rooms, private offices, elevators,hallways,medical facilities, cafeterias, employee lounges, stairs,restrooms,vehicles, and all other enclosed facilities. 2. Within ninety(90) days of the effective date of the ordinance codifying this Section, each employer having an enclosed place of employment located within the city shall adopt,implement and maintain a written smoking policy which shall contain the following requirement: Smoking shall be prohibited in all enclosed facilities within a Place of Employment without exception. This includes common work areas, auditoriums, classrooms, conference and meeting rooms, private offices, elevators, hallways, medical facilities, cafeterias, employee lounges, stairs, restrooms, company owned vehicles, and all other enclosed facilities. 3. The smoking policy shall be communicated to all existing employees within three weeks of its adoption and to all prospective employees upon their application for employment. Employers shall supply a written copy of the smoking policy upon request to any existing or prospective employee. 4. It shall be the responsibility of employers to provide a smoke-free workplace for all employees. 5. No person or employer shall discharge,refuse to hire, or in any manner retaliate against any employee or applicant for employment because such employee or applicant exercises any rights to a smokefree workplace afforded by this Section. 8 D. Restriction of Smoking in Hotels and Motels. Seventy-five percent (75%) of the rooms in any hotel or motel shall be maintained as fixed nonsmoking rooms. E. _Where Smoking Not Regulated.Notwithstanding any other provision of this Section to the contrary,the following areas shall be exempt from the provisions of this Section: 1. Private residences, except when used as a licensed child care, adult day care, or health care facility. 2. Hotel and motel rooms that are rented to guests and are designated as smoking rooms; provided,however,that not more than twenty- five percent(25%) of rooms rented to guests in a hotel or motel may be so designated. F. Declaration of Establishment as Nonsmoking.Notwithstanding any • other provision of this Article, an owner, operator,manager, or other . person in control of an establishment, facility or outdoor area may declare that entire establishment, facility or outdoor area as a nonsmoking place. Smoking shall be prohibited in any place in which a sign conforming to the requirements of Subdivision 2,Paragraph G of this Section is posted. G. Posting of Signs 1. "No Smoking" signs or the international "No Smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) shall be clearly and conspicuously posted in every public place and place of employment where smoking is prohibited by this Section,by the owner, operator,manager,or other person in control of that place. 2. Every Public Place and Place of Employment where smoking is prohibited by this Section shall have posted at every entrance a conspicuous sign clearly stating that smoking is prohibited. 3. All ashtrays and other smoking paraphernalia shall be removed from any area where smoking is prohibited under this Section by the owner, operator, manager,or other person having control of the area. Subd.3.Enforcement 9 A. Enforcement,Inspections and Complaints. 1. Notice of the provisions of this Section shall be given to all applicants for a business license in the City of Eden Prairie. 2. Any citizen who desires to register a complaint under this Section may initiate enforcement with the City Manager or his/her designee. - 3. The Police Department,Fire Department, or Building Inspection Department shall,while an establishment is undergoing otherwise mandated inspections,inspect for compliance with this Section. As part of any inspection, an establishment is required to provide a"self-certification"from the owner,manager, operator or other person having control of such establishment that all requirements of this Section have been complied with. 4. An owner,manager,operator, or employee of an establishment regulated by this Section shall inform persons violating this Section of the appropriate provisions thereof. 5. Notwithstanding any other provision of this Section, an employee or private citizen may bring legal action to enforce this Section. 6. In addition to the remedies provided by the provisions of this Section,the City Manager or any person aggrieved by the failure of the owner, operator,manager,or Other person in control of a public place or a place of employment to comply with the provisions of this Section may apply for injunctive relief to enforce those provisions in any court of competent jurisdiction. B. Violations and Penalties 1. It shall be a petty misdemeanor for any person to smoke in an area where smoking is prohibited by the provisions of this Section.The fine for violation of this provision shall be$100 plus all surcharges mandated by law. 2. It shall be a petty misdemeanor for any person who owns,manages, operates, or otherwise controls a Public Place or Place of 10 Employment to fail to comply with posting of signs requirement contained in Section 9.42,subd.2G.The fine for violation of this provision shall be$300 plus all surcharges mandated by law. 3. It shall be a misdemeanor for any person who owns,manages, operates or otherwise controls a Public Place or Place of Employment to knowingly allow a violation of this Section to occur at the Public Place or Place of Employment. 4. In addition to enforcement pursuant to Section 9.99, a violation of this Section by a person who owns,manages,operates, or otherwise controls a Public Place or Place of Employment may result in the suspension or revocation of any permit or license issued to the person for the premises on which the violation occurred. 5. Each day on which a violation of this Section occurs shall be considered a separate and distinct violation. • C. Other Applicable Laws. This Section shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws. D. Severability. If any provision, clause, sentence, or paragraph of this Section or the application thereof to any person or circumstances shall be held invalid,that invalidity shall not affect the other provisions of this Section which can be given effect without the invalid provision or application, and to this end the provisions of this Section are declared to be severable. • Section 2. City Code Chapter 1 entitled"General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 9.99 entitled"Violation a Misdemeanor"are hereby adopted in their entirety,by reference, as though repeated verbatim herein. Section 3. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the day of ,2002, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of , 2002. 11 • City Clerk Mayor PUBLISHED in the Eden Prairie News on the day of ,2002. ep\smoking ban\ch.9 smoking ban.051502 12 MAY.21.2002 8:17AI1 NO.294 P.2/2 Eden Prairie City Council Meeting May 21,2002 • List of Business Representatives to Speak on Smoking Ban Ordinance 1. John White, Pickled Parrot Restaurant 2. Maggie Mellby,Hop's Restaurant, Bar and Brewery 3. Bill Allen,Hop's Restaurant, Bar and Brewery 4. Mike Anderson, Green Mill Restaurant 5. Tara Feltmann and Gary Chanen,Outback Steakhouse Restaurant 6. Greg Michaels, Outback Steakhouse Restaurant 7. Kenn Rockier,Executive Director, Bowling Proprietors Association of Minnesota 8. Tom Day, Minnesota Restaurant Association and the Minnesota Hotel Association FROM : OUTBAGGROCEETIER PHONE NO. : May. 19 2802 136:16PM P1 ' yy ! � T� fj • (4. O C e STEAK HOUSE ` V Outback Steakhouse #2414 1201 S. Broadway Rochester, MN 55904 (507) 252-1150 • (507) 252 1151 (fax) To: 46 From: No. of pages: (including cover) • Comments: eelm,tv„,,A 4/-241L--02A-di A 1201 S.Broadway • Rochcatcr,MN 55904 • Phone(507)252-1150 - Fax(507)252-1151 - www outback.com FROM : oUTBACXRDCHEsTER PHONE NJ. : Mao. 19 2002 06:17PM P2 I Greg- Here are some notes about the smoke-free law you asked about.Hope this helps a little. Liquor Mix(4 months prior to ban) Sept. 01- 16.33 Oct. 01- 17.04 Nov. 01- 17.11 Dec. 01- 16.94 Average 4 month= 16.85 Liquor Mix(4 months after ban) Jan. 02- 15.44 Feb. 02- 15.76 Mar. 02- 15.90 April 02- 15.51 Average 4 month= 15.65 We lost an average total of 1.2%in liquor mix alone. Loss of sales compared to 2001 sales... Ian. 02- -$7486.59 • Feb. 02- -$2806.88 Mar. 02- -$24695.68 April 02- -$ 3789.70 - In Minnesota,smokers do not have the luxury of good weather year round, so it is difficult for our smoking customers to always go outside to smoke. It would be much more beneficial to everyone, if customers at least had the option to smoke in the bar area of the restaurant. - We have seen a loss of long time regular customers. - I have had several customers tell me prior to the smoking ban that they would drive out of Olmsted Co.to dine after the law came in effect. These were customers that fully understand that this law is not a rule of Outback,but of the county. Even though they enjoyed coming to Outback,their feeling was that by eating in Rochester restaurants,they were supporting the county's decision to go smoke free. - We have had potential customers leave because we do not offer a smoking section. When we notify them that this is not our policy and all the restaurants in Olmsted County are smoke-free, they leave in disgust anyway. - There has been a small loss of tip wages to bartenders due to loss of bar traffic during the week. - The outside of the restaurant is now constantly littered with cigarette packages and butts. AGENDA EDEN PRAIRIE CITY COUNCIL TUESDAY,MAY 21,2002 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher,Ron Case, David Luse and Jan Mosman CITY STAFF: City Manager Scott Neal,Parks &Recreation Services Director Bob Lambert, Public Works Services Director Eugene Dietz, Community Development and Financial Services Director Don Uram, City Planner Michael Franzen, City Attorney Ric Rosow and Council Recorder Jan Nelson Curielli I. ROLL CALL/CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. PRESENTATION OF HUMAN RIGHTS AWARD AND YOUTH SCHOLARSHIP AWARDS V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. CITY COUNCIL MEETING HELD MAY 7,2002 VII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. THE WATERTOWER by North American Properties of Minnesota. 2nd Reading for Planned Unit Development District Review with waivers on 5.59 acres and Zoning District Change from Commercial Regional Service to Community Commercial on 5.59 acres, and Site Plan Review on 5.59 acres. Location: Singletree Lane, east of Bachman's. (Ordinance for PUD District Review and Zoning District Change and Resolution for Site Plan Review) C. ADOPT RESOLUTION APPROVING FINAL PLAT OF MARVIN HEIGHTS D. ADOPT RESOLUTION APPROVING SPECIAL LEGISLATION AUTHORIZING FIVE ADDITIONAL LIQUOR LICENSES E. ADOPT RESOLUTION ESTABLISHING POLLING PLACES CITY COUNCIL AGENDA May 21,2002 Page 2 F. APPROVE REQUEST FOR PROPERTY TRADE WITH JOHN THOMA G. APPROVE REMOVAL OF RILEY LAKE RIDING ARENA H. APPROVE CHANGES TO EDEN PRAIRIE FIRE DEPARTMENT MANUAL I. AWARD CONTRACT FOR 2002 SEALCOAT TO PEARSON BROTHERS, I.C. 02-5562 J. AWARD CONTRACT FOR 2002 MILL AND BITUMINOUS OVERLAYS TO MIDWEST ASPHALT CORP.,I.C. 02-5569 K. ADOPT RESOLUTION AWARDING CONTRACT FOR BRYANT LAKE DRIVE TRAIL TO DMJ CORP.,I.C. 00-5514 L. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SEH FOR CONSTRUCTION SERVICES FOR BRYANT LAKE DRIVE TRAIL,I.C. 00-5514 M. ADOPT RESOLUTION TO PETITION RILEY-PURGATORY-BLUFF CREEK WATERSHED DISTRICT FOR ROUND LAKE WATER QUALITY IMPROVEMENT PROJECT N. REJECT BID FOR PURCHASE AND REMOVAL OF STRUCTURE AT 18700 FLYING CLOUD DRIVE AND AUTHORIZE STAFF TO READVERTISE FOR BIDS O. APPROVE CHANGE ORDER NO. 125137 FOR MODIFICATIONS TO NEW MID-MOUNT AERIAL PLATFORM FIRE TRUCK VIII. PUBLIC HEARINGS/MEETINGS A. STONEGATE by Carlston Inc. Request for Planned Unit Development Concept Review on 28.82 acres,Planned Unit Development District Review with waivers on 28.82 acres, Zoning District Change from Rural to R1-13.5 on 26.62 acres, and Preliminary Plat on 28.82 acres into 45 lots, 1 outlot, and road right-of-way. Location: South of Pioneer Trail west of Stable Path. (Resolution for PUD Concept Review, Ordinance for PUD District Review and Zoning District Change,Resolution for Preliminary Plat) B. CITY CODE AMENDMENT-CONDITIONAL USE PERMITS FOR HISTORIC DESIGNATED PROPERTY by City of Eden Prairie.Request for City Code Amendment of Section 11.41 Conditional Use Permits,to allow for the issuance of a conditional use permit for historic designated property for office and commercial uses. (First Reading of an Ordinance Amending City Code Chapter 11.41 Conditional Use Permits) CITY COUNCIL.AGENDA May 21,2002 Page 3 C. HERITAGE PRESERVATION SITE ALTERATION PERMIT:#2002-01- 0004 by City of Eden Prairie.Request for Approval to allow a ca. 1850's historic log building to be located at the historic Riley-Jacques farm. The log building is approximately 900 square feet in size. The future use of the building is for historic restoration and interpretive purposes. Location: 9100 Riley Lake Road. D. GUIDE PLAN UPDATE-AIRPORT ELEMENT by the City of Eden Prairie. Request for approval of the Aviation Goals, Chapter 2 and Airport Element, Chapter 6,to be included as part of the approved Guide Plan Update. (Resolution for Adopting Airport Element of the Comprehensive Guide Plan Update) (Continued from March 19, 2002) IX. PAYMENT OF CLAIMS X. ORDINANCES AND RESOLUTIONS A. APPROVE SECOND READING OF AN ORDINANCE AMENDING CITY CODE SECTION 11.41 RELATING TO CONDITIONAL USE PERMITS FOR HISTORIC PROPERTIES AND ADOPT RESOLUTION APPROVING SUMMARY ORDINANCE FOR PUBLICATION XI. PETITIONS,REQUESTS AND COMMUNICATIONS A. SECOND HAND SMOKE—THOMAS BRYANT B. GOLF COURSE PROPOSAL XII. REPORTS OF ADVISORY BOARDS & COMMISSIONS XIII. APPOINTMENTS XIV. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER C. REPORT OF PARKS AND RECREATION SERVICES DIRECTOR 1. OUTDOOR SWIMMING POOL/WATER PARK FEASIBILITY EVALUATION 2. ATHLETIC PROGRAM TASK FORCE REPORT D. REPORT OF COMMUNITY DEVELOPMENT AND FINANCIAL SERVICES DIRECTOR E. REPORT OF PUBLIC WORKS SERVICES DIRECTOR 1. CHARLSON AREA IMPROVEMENTS—PHASE H (RESOLUTION) CITY COUNCIL AGENDA May 21,2002 Page 4 F. REPORT OF PUBLIC SAFETY SERVICES DIRECTOR G. REPORT OF MANAGEMENT SERVICES DIRECTOR H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT CITY COUNCIL AGENDA DATE: SECTION: May 21,2002 SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Management Services Presentation of Human Rights Awards i /— Michael Barone And Youth Scholarship Awards Requested Action Mayor Nancy Tyra-Lukens, on behalf of the City Council and the Human Rights and Diversity Commission,will recognize the recipients of the 2001 Human Rights Awards and the 2001-2002 Youth Scholarship Awards. The Human Rights Awards recognize accomplishments from 2001,while the Youth Scholarship Awards are for the 2001-2002 school year. 2001 Human Rights Award—Non-Profit Organization category recipient Parents for Eden Prairie Special Education(or PEPSE) To be accepted by Shelley Brown and Jim Avery,representing PEPSE 2001 Human Rights Award—Individual category recipient Thomas Halloran, teacher at Eden Prairie High School 2001-2002 Youth Scholarship Award recipients Isabelle Chan, Eden Prairie High School Joseph Hillary, Eden Prairie High School Procedure Mayor Tyra-Lukens will introduce both Harry Moran, Chair of the Human Rights and Diversity Commission, and Phil Young,Vice-Chair of the Human Rights and Diversity Commission,who will both come to the speakers podium. Harry Moran will read a short statement telling the Mayor and City Council of the purpose of their attending tonight's meeting. Mayor Tyra-Lukens will ask each recipient to come up (in order listed above). The Mayor will then read the recipient information (attached). Once read aloud,the Chair and Vice-Chair will present the plaque (HRA recipients) or certificate(YSA recipient). Each recipient will say a short thank-you. Background Members of the Human Rights and Diversity Commission are: *Harry Moran, Chair * Dorothy Fifield *Phil Young,Vice-Chair *Angie Garcia *Balu Iyer *Holly Clynch * Jeff Strate Staff Liaison to the Commission:Michael Barone,Manager of Human Resources Attachments Recipient Information attached C:1Docun nts and Settings'L11cWaters'Loc1 Settings\Temp`•.CC Agenda Item Form for 2002-05-21 HRA and YSA.doc l Human Rights Awards The Eden Prairie City Council and the City's Human Rights and Diversity Commission are pleased to announce the Human Rights Awards. The goal of the Awards is to recognize an Eden Prairie individual,non-profit organization and business that have worked to create an inclusive community spirit through their actions, activities or programs, and demonstrate that these actions relate to the stated intentions of the Eden Prairie Manifesto. The Awards recognize accomplishments from 2001. Background of Award Process The nomination process began in January 2002 and closed at the end of March. The Human Rights and Diversity Commission reviewed and selected recipients at their April meeting in the Non-profit and Individual categories. No nominations were received for the Business category this year. Human Rights Award—Non-Profit category Parents for Eden Prairie Special Education,or PEPSE,began about two years ago. It was founded by Shelley Brown and a number of other parents of children with special needs. These parents were able to get information from national and state-based organizations and sources, but they didn't see a group at the community level that could lend support—so they created PEPSE. There were about 10 parents in PEPSE at the start, and their group now has about 50 members. The goals of PEPSE is to advocate for improving educational services, increase community awareness, and provide support and information for parent of kids with special needs. They have held monthly meetings at a local church, and have a monthly newsletter to share information and resources. PEPSE has been working with the Eden Prairie School District and the Adaptive Services programs with the City of Eden Prairie on some programs. One program is "Friends Forever" at Eden Prairie High School,where teens with and without disabilities get together every Wednesday morning to identify school activities and community programs they wish to participate in as a group. A second program is the"Everybody Plays"program that was included in the City's Sports &Leisure Day on May 19th, sponsored by the Parks and Recreation Services area being held at Staring Lake. Although PEPSE is a relatively new organization,they have already made a big impact in the Community. PEPSE parents are not only interested in the needs of their own kids,but also in the • needs of individuals of all ability levels in the community. For all these reasons,PEPSE is being recognized as the City of Eden Prairie's Human Rights Award— Non-Profit organization category recipient for 2001. Representing PEPSE are Shelley Brown and Jim Avery to accept the Award. Human Rights Award—Individual category Thomas Halloran is a French and Spanish teacher at Eden Prairie High School, and has been at EPHS for the past 12 years. He is also the advisor and coordinator for the annual High School Diversity Fair. The Diversity Fair has been in existence since 1995, and Tom Halloran has been the advisor and coordinator of this activity since its inception. About three years ago,he created the `Diversity Club' to help coordinate student participation in planning and sponsoring the Diversity Fair each year. The Diversity Club meets twice per month. G:1Documents and Sett ngs\ McWaters\Local Settings\TempN2002-05 21 HRA Info for Mayor T}ra-Lukens,doc o2— The Fair has grown each year,where now it has 150-160 participants,45 booths, and attracts between 1000-1500 students in attendance. The celebration of Eden Prairie High School's ever-changing face is enthusiastically done by Tom Halloran,who calls the day his"most special day of the year." When the planning began for this years Diversity Fair last fall,Tom Halloran wanted to try to incorporate the celebration of food,music and dance as part of the Fair, so they added a"Taste of Eden Prairie Night Around the World." Funding for the"Taste Night"was done through Diversity Club fundraising and securing a small grant. Because school and health code policies prevent homemade food to be made off-site and served to students during the day, Tom worked with the High School kitchen staff to open the kitchen facilities to the 17 different ethnic and cultural groups `chefs' for the food preparation,which served over 200 people that night. In his classroom teachings in French and Spanish,Mr.Halloran has made a point to include politics, culture and other aspects as part of his curriculum,including appropriate field trips,to promote awareness to his students. Having personally traveled to Africa and South America, as well as having lived in Europe for four years,Mr. Halloran is committed on generating a curiosity about other peoples and cultures in the world for his students. Tom recently said that"Eden Prairie has changed dramatically,and for the better,with the different cultures represented"in his classrooms. For all these reasons,Tom Halloran is being recognized as the City of Eden Prairie's Human Rights Award—Individual category recipient for 2001. C_1Documents and Settings11 McWaters\Local Settings\Templ2002-05 21 HRA Info for Mayor Tyra-Lukens_doc UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY,MAY 7,2002 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher, Ron Case, David Luse, and Jan Mosman CITY STAFF: City Manager Scott Neal, Parks & Recreation Services Director Bob Lambert, Public Works Services Director Eugene Dietz, Community Development and Financial Services Director Don Uram, City Planner Michael Franzen, City Attorney Ric Rosow and Council Recorder Jan Nelson Curielli I. ROLL CALL/CALL THE MEETING TO ORDER Mayor Tyra-Lukens called the meeting to order at 7:00 p.m. All members were present. II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION Mayor Tyra-Lukens said the Council Forum has been modified as follows. Council Forum will be held the first and third Tuesday of the month from 6:30—7:00 p.m. in the Council Chamber.Please note that this portion of the meeting is off-camera. The Council Forum will consist of two parts: scheduled and unscheduled appearances. 6:30 to 6:50 p.m. is reserved for scheduled participants. If you wish to schedule time to visit with the City Council and Service Area Directors,please notify the City Manager's office (at 952-949- 8412)by noon of the meeting date with your request. The last 10 minutes of the Forum, from 6:50 to 7:00 p.m. is set aside for impromptu, unscheduled appearances by individuals or organizations that wish to speak the Council. IV. PROCLAMATION OF SENIOR AWARENESS WEEK Mayor Tyra-Lukens read a Proclamation proclaiming May 6 through May 17,2002, as Senior Awareness Week in the City of Eden Prairie.A representative of the Eden Prairie seniors accepted the proclamation. V. RECOMMENDATIONS FROM THE JEAN HARRIS MEMORIAL TASK FORCE Lambert reviewed the charter of the task force and introduced Mary Jane Wissner, Chair of the Jean Harris Memorial Task Force. Wissner said the 17-member task force included representatives of service organizations, the schools,businesses,the Arts Commission, City Council members and family and friends of Jean. She said the task force unanimously recommended that the best method to memorialize Jean was to create an artistic component within the Purgatory Creek Recreation Area, and the process for developing or designing that artistic component • CITY COUNCIL MINUTES May 7,2002 Page 2 should be determined through a process utilizing citizens,the landscape architect for the project, and an artist familiar with developing public art in public outdoor places. The task force evaluated many options,but decided that the best method for selecting the way to memorialize Jean would be to provide an artist with a great deal of information about Jean and allow the artist to reflect those qualities in his or her preferred medium. The task force would also request that all members of the task force be invited to serve on the ad hoc committee,but they felt this task should fall under the Arts Commission and should be reviewed by the Parks,Recreation and Natural Resources Commission prior to fmal approval by the City Council. Once the ad hoc design committee submits a recommendation as approved by the City Council with an estimated cost,the Council will be asked to form another committee responsible for fund raising to accomplish the construction of the project. Tyra-Lukens said she was hearing that funding would come from TIF funds but also there would be fund raising. Lambert said the task force got into discussing the possibility of art in public places. They looked at the cost to maintain whatever it is, and it could become a very involved process. The task force went back and reviewed the charter statement and decided just to recommend the process to determine the best way to memorialize Jean Harris rather than coming up with a design. The next phase is to hire an artist who would work with City staff to develop something that would memorialize Jean's contributions. He said they are thinking that the artist would work with the task force for a couple of months, so there might be $5,000 -$10,000 in design costs. In order to pay for the artist,the City has money for the design of the park in the TIF funds for the Purgatory Creek Recreation Area. Once we have a final project and know what that will cost,the task force needs to feel comfortable they will be able to raise that amount of money. MOTION: Butcher moved, seconded by Case,to approve the concept of selecting the Purgatory Creek Recreation Area as the site that will accommodate an artistic component that will reflect Jean Harris's spirit of public service. Funding for the design to come from the T.I.F. for the Purgatory Creek Recreation Area. Motion carried 5-0. MOTION: Luse moved, seconded by Mosman,to authorize the Arts Commission to appoint an ad hoc committee to work with staff to recommend an artist that will work with the task force and the landscape design consultant in developing an artistic component within the Purgatory Creek Recreation Area.Motion carried 5-0. MOTION: Case moved, seconded by Butcher,to approve the Charter Statement for the Ad Hoc Committee.Motion carried 5-0. Mosman asked if we should look at the possibility of a policy for public or private art as part of the design phase. She noted other cities have such policies. Tyra-Lukens said the Arts Commission could look at that. CITY COUNCIL.MINUTES May 7,2002 Page 3 VI. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Luse said he would have a comment prior to the review of Item VII.Mosman added Item XV.A.1.Update on Hennepin County Rail Authority Meeting.Butcher said she wanted to add a recap of the Police Open House on May 5th. Luse said that was going to be part of his comment prior to the review of the minutes. MOTION:Mosman moved, seconded by Case,to approve the Agenda as published and amended.Motion carried 5-0. Luse said he wanted to share with those in the audience and those viewing that the open house held by the Police Department on May 4th was a powerful event. The theme was "Homeland Security,"and there was a great turn out for the event.He said there were participants from outside the Police Department as well as City staff, and it was especially gratifying to see the excitement of the young people who attended. Butcher said she was impressed because of the inter-generational aspect of the event. There were seniors who were active and involved as well as families with young children. She said this community has diversity and strength because of this sort of thing. She thought it was a celebration of professionalism and was a wonderful day for the community. VII. MINUTES A. COUNCIL WORKSHOP HELD APRIL 9,2002 MOTION: Mosman moved, seconded by Case, to approve as published the Minutes of the Council Workshop held April 9, 2002. Motion carried 5-0. B. CITY COUNCIL MEETING HELD APRIL 9,2002 Case said the first sentence in the next-to-last paragraph on Page 4 should be changed to "conservation easements,"rather than"wetlands."He said the word "blockage" should be changed to"screening"in the third sentence of the next-to- last paragraph on Page 9. MOTION: Luse moved, seconded by Butcher,to approve as published and amended the Minutes of the City Council Meeting held April 9, 2002.Motion carried 5-0. C. COUNCIL WORKSHOP HELD APRIL 16,2002 MOTION: Mosman moved, seconded by Butcher,to approve as published the Minutes of the Council Workshop held April 16,2002. Motion carried 5-0. D. CITY COUNCIL MEETING HELD APRIL 16,2002 Tyra-Lukens said the second sentence of paragraph 5,Page 15, should be changed to"...our experience has been that you shouldn't mail just to people directly along the corridor..." .3 CITY COUNCIL MINUTES May 7,2002 Page 4 MOTION: Case moved, seconded by Luse,to approve as published and amended the Minutes of the City Council Meeting held April 16,2002. Motion carried 5-0. VIII. CONSENT CALENDAR Regarding Item L,Mosman said she had approached City Manager Jullie before he left about an open seat on the Rotary.Mr. Jullie said the City would pay for a Council seat on that organization. She said she was able to go to some of the meetings,but it would be good if more than one Councilmember attends.Luse agreed to work with Councilmember Mosman on this. Regarding Item C, Case said one of the larger issues from the previous meeting was the placement of the trails. He noted that Item 16 on Page 11 refers to the trail easement reviewed and approved prior to the release of a final plat.He asked if Staff would keep tabs on this and keep in mind what was wanted. He asked if control is still in our hands. Lambert said his report in Item XV.C.1. at the end of this meeting would refer to the entire trail and open space issues that exist in the Golden Triangle area, including the trail along Valley View Road and Flying Cloud Drive. Case then noted he hoped staff would watch this very closely because this is one of the times when the Council gets involved and discusses issues and then it is gone from our control. He thought it would be good if staff got back to the Council informally to let us know the status. A. CLERK'S LICENSE LIST B. MARVIN HEIGHTS by Peter Anderson and Virginia Marvin. 2nd Reading for Planned Unit Development District Review with waivers on 3.11 acres and Zoning District Change from RM-6.5 to R1-13.5 on 3.11 acres. Location: West of Preserve Boulevard and South of Anderson Lakes Parkway. (Ordinance No. 11- 2002-PUD-7-2002 for PUD District Review and Zoning District Change) C. THE HEIGHTS AT VALLEY VIEW by Eden Prairie Leased Housing Associates I,LLP. 2nd Reading for Planned Unit Development District Review with waivers on 10.26 acres, Zoning District Change from Rural to RM-2.5 on 10.26 acres, and Site Plan Review on 10.26 acres. (Ordinance No. 12-2002-PUD- 8-2002 for PUD District Review and Zoning District Change and Resolution No. 2002-84 for Site Plan) D. ADOPT RESOLUTION NO. 2002-85APPROVING FINAL PLAT OF OAKPARKE ESTATES 4TH ADDITION E. AWARD CONTRACT FOR REPLACEMENT OF STARING LAKE PARK TENNIS COURTS F. ADOPT RESOLUTION NO. 2002-86 APPROVING PROJECT MANAGEMENT AGREEMENT FOR HEIGHTS AT VALLEY VIEW APARTMENT DEVELOPMENT q CITY COUNCIL MINUTES May 7,2002 Page 5 G. ADOPT RESOLUTION NO. 2002-87 ACCEPTING THE NIINNESOTA AUTO THEFT PREVENTION PROGRAM GRANT H. ADOPT RESOLUTION NO. 2002-88 DECLARING COSTS TO BE ASSESSED, ORDERING PREPARATION OF 2002 SPECIAL ASSESSMENT ROLLS AND SETTING PUBLIC HEARING DATE ON JUNE 4,2002,FOR CRESTWOOD TERRACE STREET AND UTILITY IMPROVEMENTS,I.C.98-5474 I. ADOPT RESOLUTION NO. 2002-89 AUTHORIZING RIGHT-OF-WAY ACQUISITION FOR THE CONSTRUCTION OF CEDARCREST DRIVE IN SECTION 20,I.C. 00-5520 J. ADOPT RESOLUTION NO. 2002-90 APPROVING PLANS AND SPECIFICATIONS FOR CRESTWOOD TERRACE STREET AND UTILITY IMPROVEMENTS I.C. 98-5474 K. ADOPT RESOLUTION NO. 2002-91 APPROVING PLANS AND SPECIFICATIONS FOR CHARLSON AREA IMPROVEMENTS,PHASE III,I.C. 02-5565 L. APPROVE COUNCILMEMBER"OPEN SEAT"MEMBERSHIP IN THE EDEN PRAIRIE ROTARY M. ADOPT RESOLUTION NO. 2002-92 APPROVING THE ELECTION FOR EXCLUSION FROM THE PUBLIC EMPLOYEES RETIREMENT ASSOCIATION (PERA) FOR SCOTT H. NEAL,CITY MANAGER N. AUTHORIZE STAFF TO PROCEED WITH OBTAINING BIDS FOR REPAIR OF THE ROOF OVER THE SWIMMING POOL AT THE EDEN PRAIRIE COMMUNITY CENTER MOTION: Butcher moved, seconded by Case,to approve Items A-N of the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS/MEETINGS A. HENNEPIN VILLAGE—WATSON PROPERTY by Pemtom Land Company. Guide Plan Change from Low Density Residential to Medium Density Residential on 1.87 acres,Planned Unit Development Concept Amendment on 30.17 acres to the overall Hennepin Village PUD,Planned Unit Development District Review with waivers on 30.17 acres,Zoning District Change from Rural to RM-6.5 on 1.87 acres, and Zoning District Amendment within the RM-6.5 Zoning District on 30.17 acres, Site Plan Review on 1.87 acres, and Preliminary Plat of 2.66 acres into 22 lots. Location: 9782 Spring Road. (Resolution No. 2002-93 for Guide Plan Amendment,Resolution No.2002-94 for PUD Concept Amendment, Resolution No.2002-95 for Preliminary Plat, Ordinance for PUD District Review,Zoning District Change and Zoning District Amendment) CITY COUNCIL MINUTES May 7,2002 Page 6 Neal said official notice of this public hearing was published in the April 25,2002, Eden Prairie News, and sent to 6 property owners.He noted there are 12 proposed townhouse units on the Watson property.Ten townhouse units of Site A,Hennepin Village,will also be rearranged to provide access to the Watson property.The project is located on Spring Road. Dwight Jelle,project engineer from Westwood Professional Services, addressed the proposal. Fransen noted the design framework manual is part of the Developer's Agreement. He said the Community Planning Board voted 7-0 to recommend approval of the project to the City Council at the April 8,2002 meeting. Since the Community Planning Board meeting,the developer has prepared alternate townhouse elevations for the Watson property and Site A Hennepin Village. The staff is comfortable with the alternate elevations provided the colors and building materials are consistent with the approved plan for the single-family homes. Luse said on Page 9 of the Staff Report states a lot size of 3000 to 1430 square feet.Fransen said the minimum lot size is 3000,but they go down to 1430 for some of the smaller units. He said it is fairly common to have varied lot sizes, usually as a result of density transfer. The proponent was allowed to concentrate the density in exchange for preservation of the open space and the unique historical architectural details. There were no comments from the audience. MOTION: Butcher moved, seconded by Case to close the Public Hearing; to adopt Resolution 2002-93 for Comprehensive Guide Plan Change from Low Density Residential to Medium Density Residential on 1.87 acres; to adopt Resolution No. 2002-94 for PUD Concept Amendment on 30.17 acres; to approve 1st Reading of the Ordinance for PUD District Review on 1.87 acres and Rezoning from Rural to RM-6.5 on 1.87 acres, and Zoning District Amendment in the RM-6.5 District on 30.17 acres; to adopt Resolution No. 2002-95 for Preliminary Plat of 2.66 acres into 23 lots; and to direct Staff to prepare a Developer's Agreement incorporating Board and Staff recommendations and Council conditions. Motion carried 5-0. Butcher noted she thought this is a housing type that is very sought after. Case said, as before, we applaud the developer for listening to the Council. X. PAYMENT OF CLAIMS MOTION: Luse moved, seconded by Case,to approve the Payment of Claims. The motion was approved on a roll call vote,with Butcher, Case,Luse,Mosman,and Tyra-Lukens voting"aye." tr CITY COUNCIL MINUTES May 7,2002 Page 7 XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS,REQUESTS AND COMMUNICATIONS A. TRAIL IMPROVEMENTS AND STREET WIDTH FOR CRESTWOOD TERRACE NEIGHBORHOOD Gray said the primary issue was the neighborhood's concern about the extent of the trail proposal along with issues regarding the size of the cul-de-sac and the street width. He said they are able to lay the street within the existing 60-foot right-of- way so it has a minimal impact on the neighborhood. He said the layout of the trail does not require the removal of any trees or shrubbery. At the neighborhood meeting they were able to determine that the neighborhood preferred the larger cul- de-sac, and that is incorporated into the current plan.He said it was a little less definite as to preferences regarding the width of the street and the extent of the trail system along Crestwood Terrace. Tyra-Lukens asked if the current streets are 28 feet wide and if the neighborhood wants 32 feet. Gray said the plan is for 28-foot streets,while the current street is 32 feet. Maureen Walker, 9650 Crestwood Terrace, said this is a rather old neighborhood, and many of them moved here looking for some of the rural'feeling of Eden Prairie. She was concerned about the trail going through an established neighborhood with houses set close to the street. She thought there would be a loss of privacy, and that is their number one concern. She said the project will cost each of them about $30,000 and they would like the Council to honor their wishes. Regarding the concerns about safety, she said the neighborhood does not want streetlights or a trail. Scott Sundquist, 18395 Dell Drive, said there are plenty of streets throughout Eden Prairie that do not have bike paths or multi-use trail systems, and there are many trails that stop at streets without the trail continuing somewhere else. Tyra-Lukens asked which bike trails go into residential areas and stop. Sundquist said the bike path stops at Boulder Pointe. Tyra-Lukens noted there are sidewalks there. Sundquist said there are other neighborhoods that don't have sidewalks. He thought Eden Prairie does not allow bike riding on sidewalks, and they do not want a bike trail through the neighborhood. Luse asked if there was an understanding of the difference between a Level 1 and a Level 2 trail and if the neighborhood consensus was on the green trail. Sundquist said they don't want to see either of the two trail types, and he had a problem with trails going through residential neighborhoods.Walker noted they would have a consensus on the connecting trail. Tyra-Lukens asked why the trail would not be extended along Dell Road. Gray replied there is no destination down there. 7 CITY COUNCIL MINUTES May 7,2002 Page 8 Case said the trail that is heading into the proposed City park would eventually connect to the trail along Pioneer Trail.He said this is a critical part of our plan to interconnect the entire City. Gray noted the red part of the trail system is an east- west connector. Case thought if the intent was to connect the red portions of the trail,we might be able to do without the green trails from the standpoint of getting people through the neighborhood.He asked if there is any cost difference between a sidewalk and a bituminous trail. Gray replied they are almost identical in cost. Case said we need to think about who would be there in the future.He thought the fear of a loss of privacy is a fear of the unknown, and he didn't think that should drive any of our decisions.He asked if these houses are not set back as far as those in other neighborhoods. Gray responded there was one house that would be about 32 feet away because of the 60-foot street right-of-way;however, in new residential neighborhoods most houses would be about 31 feet from a sidewalk or trail.Many of the houses in this neighborhood are at a distance of 40 feet. Case said he has always believed in connecting neighborhoods,which would be the red trails, and secondly we have always considered safety issues.He noted that ever since he served on the Senior Issues Task Force,the issues they studied as part of that group have come up yearly. He was more concerned that sidewalks and trails are a means of looking out for older people. He said we need the red trail and at the very least we need a sidewalk. Neal noted that Councilmember Case was coming very close to how staff was viewing this issue. The red line trail should be a minimum just as a public safety concern. Mosman said someone addressed the issue of a quiet street. She said she would like to compromise and let them keep the character of their neighborhood but, on the other hand, she is concerned about the safety issue. She thought a wider street is not as safe as a narrower one with a sidewalk. She asked how people will get to Dell Road and if there is a trail that goes through the proposed City park. Gray responded there is a trail within the park that connects into the parking lot. Case thought the primary reason why we would want a trail there would be for the people who live there, and to him the best compromise would be a sidewalk. He thought it would be consistent with what we do in other neighborhoods, and he hoped we would do this consistently in the future in other neighborhoods. Lambert noted that it is not illegal to ride a bike on a sidewalk in Eden Prairie although we do design bike trails for bikes. Gray said what we have tried to discuss with the neighborhood is that sidewalks aren't really designed for bicycle use.He said roller bladders and skateboarders prefer bituminous over sidewalks.He said,while we don't guarantee that all the trails will be plowed at all times,we do have more equipment to plow trails. CITY COUNCIL MINUTES May 7,2002 Page 9 Butcher said she agreed with Councilmember Case about trying to have uniformity in the city. The values we have heard from the public are that they want to have trails to connect neighborhoods.We have heard the neighbors' concerns and would like to compromise. She thought the sidewalk might be a good idea instead of the trail,but she thought we should keep the red trail as a connection for the future. Luse asked if any kind of a trail system was put in the Cedar Forest neighborhood. Gray said we put a short piece along one side. Luse said he wanted to make sure the audience knew that street lights and bituminous trails or sidewalks are not part of the residents' expense but would be built at City expense.He thought the prior Council decision was to deal with the trail issue as a safety issue. Luse thought there would be a lot more of these discussions coming up in the future. He noted this project has been going on for four years, and he thought these issues should be brought up at the beginning of the process in the future. Steve Rasmussen, 9820 Crestwood Terrace, said he would like to see a pavement trail for the sake of the kids. He thought in terms of safety,the trail would be safer. Tyra-Lukens thought a sidewalk would retain more of the residential feeling. Luse thought the Council tries to compromise and look to the individuals within this. We also have to look beyond the neighborhood to the needs of future residents of the neighborhood and to what might be best for the City.He would like to leave the final width and surface of the trail as a consensus, and wondered if there would be some other product that could be used for the trail. Mosman asked if it was possible to change the width of the bike path. Lambert said back in the late 1970's we started with six-foot wide asphalt trails,but we are taking those out because we ruin lawns when we plow that width. We would not want to go back to the narrower asphalt trails.He noted we have one piece of equipment that can be used on a 5-foot sidewalk.He said,while sidewalks will last longer, an asphalt trail is easier to maintain and provides for multiple uses. He thought we should stay consistent with our standard and choose either an 8-foot asphalt trail or a 5-foot concrete sidewalk. Luse asked about the issue of keeping sidewalks plowed. Lambert said the City does not have an ordinance that requires neighbors to plow their sidewalks because we do not have sidewalks or trails in front of every home in Eden Prairie.He said we plow 90%of the 80 miles of asphalt trails in the City and 25%of the 80 miles of sidewalks. Luse asked if there is any other way of dealing with the safety issue other than putting in the 8-foot asphalt pathway. Lambert said there is not by any of the standards we have today. Gray said,if the neighborhood were just being developed, it would have been chosen to have a trail because it connects Pioneer Trail and Dell CITY COUNCIL MINUTES May 7,2002 Page 10 Road.He was not sure that the width of the trail would have any effect on the privacy issue that was brought up by the neighbors. Neal noted that the Council earlier this evening approved plans and specifications for a 28-foot wide street and an eight-foot trail as part of the Consent Calendar.He said at some point we need to go forward with the design, and a 28-foot street and an 8-foot trail would be the default if no other decision were made. Gray said Staff recommends that we advertise this as soon as possible.He said even if we were in a contract we would have some time to make a decision as to the trail,but we would need to make a decision about the street now. Case thought Crestwood Terrace would be considered a residential collector and,in that light,it would deserve a trail if it were in a new development.He liked the sidewalk idea but he could see some of the negatives to that. He thought most of us feel that for the good of the neighborhood we need a place for people to walk and ride,but he was also concerned that it not become a major bike cut-through. Mosman said one of the initial concerns about the house being closer to the street than other areas of the City was eliminated. She thought the other issue is safety. Luse thought a 28-foot street with a 5-foot trail surface would be consistent with the safety issue and the concerns about a sidewalk-type construction. He said he would have to go with the staff recommendation for a 28-foot street with an 8-foot trail if it would not be possible to put in a trail surface that was less than 8 feet wide. Butcher noted there are lots of different methods of using sidewalks,not just for roller-blading. She thought it was not a good idea to micromanage these things. Sundquist said he understood that it would be possible for the bidding process to go forward,but the decision could still be made at a later time to change from a bituminous trail to a concrete sidewalk.Rosow said that might be possible,but it is a timing factor. The contractor is going to gear up and there may be a cost or there may be a timing gap that could complicate the process. Just so there was no lack of clarity,Rosow said the alternative to the 28-foot street and 8-foot trail would be an alternative motion. MOTION: Case moved, seconded by Butcher,to proceed with an 8-foot trail in the Settler's Ridge/Park Corridor and a 28-foot street and an 8-foot trail for street width and pedestrian facilities south of the Park Corridor Trail. Motion carried 5- 0. Tyra-Lukens said she thought the Council is very aware of the neighborhood issues.Because we are going to have to face these issues over and over in similar projects,we have to remain consistent. She asked residents who wanted to review specific concerns with Mr. Gray to meet with him outside the Council Chambers. /0 CITY COUNCIL MINUTES May 7,2002 Page 11 XIII. REPORTS OF ADVISORY BOARDS & COMNIISSIONS XIV. APPOINTMENTS XV. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Mosman-Update on Transportation Issues Mosman reported that U.S. Secretary of Transportation Norman Mineta and Congressman Kennedy held a press conference in Chaska on April 29th and announced progress on the next section of Highway 212. She said Secretary Mineta presented the group with a check for$2.9 million. She distributed information on a summit meeting on traffic congestion held last week. She said representatives from local governments and higher levels of government as well as private and public organizations attended the summit meeting. She thought there are some initiatives that will come out of the meeting. She attended a breakout session on telecommuting and thought we might want to look into that at some point because it has many advantages and benefits. Case asked if the purpose of the telecommuting study would be to encourage local businesses to use telecommuting. Mosman said her thought was to implement it at Eden Prairie City Hall,but we might want to have a workshop to discuss the possibilities. Mosman said there was a community meeting on the LRT trail study a week ago Saturday. There were a lot of neighbors who attended. She said the residents were concerned that their concerns would not be heard. She asked Randy Newton and Gene Dietz to work on addressing the neighbors' concerns. Case said he attended the presentation with Southwest Metro Transit Commission. Luse noted there is a meeting for the new City Manager to meet Eden Prairie residents on May 22nd. He said local newspapers will publish an invitation to residents, and it will be open to the first 200 people who sign up. No City funds will be used for the meeting. B. REPORT OF CITY MANAGER C. REPORT OF PARKS AND RECREATION SERVICES DIRECTOR 1. Report on Trails and Parks Serving Residential Development in the Golden Triangle Area Lambert said at the April 16th meeting the City Council requested staff to provide a report on trails and parks serving the residential development in 1/ CITY COUNCIL MINUTES May 7,2002 Page 12 the Golden Triangle Area.Regarding trails in the conservation easement area,he said that is a very steep and wooded area. If we decide to put trails there,the City would build a trail with stairways and walkways so the developer would not be involved. Lambert said the concern with the developer would be the trail along the frontage road by Flying Cloud Drive.He said we had not done much about parks or open spaces in this area until we started talking about putting residential development there. When the two senior housing facilities were put in on the north side of Smetana Lake,we completed a trail system around the lake and a park system on the peninsula. We thought that would take care of the residential development,however,now we approved an apartment complex, and this will be a different age group than the senior facilities. Lambert said we would need good trail access to the facilities that are available in the area, including the park and the trail systems along Flying Cloud Drive and Valley View Drive. He thought we would complete the trail along Flying Cloud Drive up to the bridge over Hwy 212. From there we would connect to the trail being built along Bryant and Shady Oak, giving residents access to a regional park facility. Lambert thought we should consider developing court facilities along Flying Cloud Drive in the Best Buy area. He thought the City might want to put an easement on that area to preserve the recreational amenities and the wooded area. We could then look at more residential development in the area. He said Staff would be bringing up additional recommendations in the future regarding facilities in the Golden Triangle area,including 8-foot asphalt trails along the major corridors. Tyra-Lukens said this fits in well with our idea of creating a place for people to live,work and play. Butcher asked if this would overlay onto the model of the area that is being developed. Lambert said he would hope they would be aware of this recommendation when they develop the model.Uram said those doing the GTA study received direction from Staff about the importance of recreational opportunities and trails.Butcher said she wanted to make sure it was all integrated. D. REPORT OF COMMUNITY DEVELOPMENT AND FINANCIAL SERVICES DIRECTOR E. REPORT OF PUBLIC WORKS SERVICES DIRECTOR F. REPORT OF PUBLIC SAFETY SERVICES DIRECTOR G. REPORT OF MANAGEMENT SERVICES DIRECTOR 17 crrY COUNCIL MINUTES May 7,2002 Page 13 H. REPORT OF CITY ATTORNEY XVI. OTHER BUSINESS XVII. ADJOURNMENT MOTION: Butcher moved, seconded by Mosman, to adjourn the meeting. Motion carried 5-0.Mayor Tyra-Lukens adjourned the meeting at 9:10 p.m. /3 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar May 21,2002 SERVICE AREA/DIVISION: ITEM DESCRIPTION: Police/C.O.P.Unit Clerk's License Application List ITEM NO.: Gretchen Laven I) i r /1- These licenses have been approved by the department heads responsible for the licensed activity. New Wine with Strong Beer and 3.2 Beer On-Sale License Little Sushi,Inc. Dba: Little Sushi Private Kennel License Pat& Sharon Dovovan(Cats &Dogs) Year 2002 Renewals Commercial Lawn Fertilizer Applicators Team Lawn Professional Turf,Inc. - 1 - CITY COUNCIL AGENDA DATE: 05/21/02 SECTION: Consent Agenda SERVICE AREA/DIVISION: Community Development ITEM DESCRIPTION: ITEM NO.: Donald R.Uram The Watertower • Danette M.Moore Requested Action Move to: • Approve 2nd Reading of the Ordinance for Planned Unit Development District Review with waivers and Zoning District Change from Commercial Regional- Service to Community Commercial on 5.59 acres; and • Adopt the Resolution for Site Plan Review; and • Approve the Developer's Agreement for The Watertower. Synopsis This project consists of 229 housing units, 8,000 square feet of restaurant, and 11,500 square feet of office, clubhouse, and banquet facilities. Included in your packet are revised architectural plans. The plans show an increase in the height and width of the corner towers, as recommended by the Council. The project now includes six additional housing units. The additional units will not affect the size or appearance of the project. Attachments 1. Ordinance for PUD District Review with waivers and Zoning District Change 2. Resolution for Site Plan Review 3. Developer Agreement THE;WATERTOWER CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 13-2002-PUD-9-2002 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH,AMONG OTHER THINGS,CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land")is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Commercial Regional Service Zoning District and be placed in the Planned Unit Development Community Commercial Zoning District 13-2002-PUD-9-2002 (hereinafter "PUD-9-2002-C- Corn"). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of May 21, 2002, entered into between North American Properties of Minnesota, and the City of Eden Prairie, (hereinafter "Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD-9-2002-C-Com, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-9-2002-C-Com is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-9-2002-C-Com is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-9-2002-C-Com are justified by the design of the development described therein. D. PUD-9-2002-C-Com is of sufficient size, composition, and arrangement that its construction, marketing, and operation are feasible as a complete unit without dependence upon any subsequent unit. Section 5. The proposal is hereby adopted and the land shall be, and hereby is removed from the Commercial Regional Service Zoning District, and placed in the Community Commercial Zoning District and shall be included hereafter in the Planned Unit Development PUD-9-2002-C-Com and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 18tg day of December, 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 21st day of May,2002. ATTEST: Kathleen A.Porta, City Clerk Nancy Tyra-Lukens,Mayor PUBLISHED in the Eden Prairie News on 3 EXXB IBIT A Pud Legal Description— The Watertower Lot 2,Block 1, Eden Prairie Marketcenter 2nd Addition THE WATERTOWER CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO. 13-2002-PUD-9-2002 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH,AMONG OTHER THINGS,CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA,ORDAINS: Summary: This ordinance allows rezoning of land located at Singletree Lane, east of Bachman's from the Commercial Regional Service Zoning District to the Community Commercial Zoning District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen A. Porta, City Clerk Nancy Tyra-Lukens,Mayor PUBLISHED in the Eden Prairie News on (A full copy of the text of this Ordinance is available from City Clerk.) 5 THE WATERTOWER CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2002- A RESOLUTION GRANTING SITE PLAN APPROVAL FOR THE WATERTOWER BY NORTH AMERICAN PROPERTIES OF MINNESOTA WHEREAS, North American Properties of Minnesota, has applied for Site Plan approval of The Watertower on 5.59 acres for construction of 229 housing units, 8,000 square feet of restaurant, and 11,500 square feet of office, clubhouse, and banquet facilities,to be zoned in the Community Commercial Zoning District on 5.59 acres by an Ordinance approved by the City Council on May 21, 2002; and WHEREAS,the Community Planning Board reviewed said application at a public hearing at its November 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 December 18, 2002 meeting. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval be granted to North Amercian Properties of Minnesota, for the construction of 229 housing units, 8,000 square feet of restaurant, and 11,500 square feet of office, clubhouse, and banquet facilities, based on plans . dated November 20, 2002, between North American Properties of Minnesota, and the City of Eden Prairie. ADOPTED by the City Council of the City of Eden Prairie this 21st day of May,2002. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen A.Porta, City Clerk DEVELOPMENT AGREEMENT THE WATERTOWER THIS AGREEMENT is entered into as of May 21, 2002, by NAP Watertower LLC, an Ohio limited liability company, hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation,hereinafter referred to as "City": WITNESSETH: WHEREAS, Developer has applied to City for a Comprehensive Guide Plan change from Regional Commercial to Community Commercial on 5.59 acres,Planned Unit Development Concept Review on 5.59 acres of the Marketcenter Planned Unit Development,Planned Unit Development District Review with waivers on 5.59 acres, Rezoning from Regional Service Community to Community Commercial on 5.59 acres, and Site Plan Review on 5.59 acres legally described on Exhibit A(the "Property"); NOW,THEREFORE,in consideration of the City adopting Resolution No. for Guide Plan Change, Resolution No. for Planned Unit Development Concept Review,Ordinance No. for Planned Unit Development District Review and Zoning District Change from Regional Commercial to Community Commercial, and Resolution No. for Site Plan Review,Developer agrees to construct,develop and maintain the Property as follows: 1. PLANS: Developer agrees to develop the Property in conformance with the materials revised and dated ,2002,reviewed and approved by the City Council on February 19,2002,and attached hereto as Exhibit B, subject to such changes and modifications as provided herein. 2. EXHIBIT C:Developer agrees to the terms,covenants,agreements,and conditions set forth in Exhibit C. 1 7 3. CROSS ACCESS AND MAINTENANCE AGREEMENT: Prior to issuance of a building permit for the Property, Developer shall submit to the City Engineer proof that a cross access and maintenance agreement with the Bachman' s Corporation for joint vehicle access and maintenance for the driveway as shown on Exhibit B has been recorded in the Hennepin County Recorder's Office/Registrar of Titles' Office. 4. EXTERIOR MATERIALS: Prior to building permit issuance,Developer shall submit to the City Planner,and receive the City Planner's written approval of a plan depicting exterior materials and colors to be used on the buildings on the Property. Prior to issuance of any occupancy permit for the Property,Developer agrees to complete implementation of the approved exterior materials and colors plan in accordance with the terms and conditions of Exhibit C,attached hereto. 5. MARKETCENTER ARCHITECTURE: Prior to building permit issuance,Developer shall submit to the City Planner,and receive the City Planner's written approval of a plan depicting the decorative Marketcenter motif to be used to continue the downtown Marketcenter theme on the building and the Property. This motif is displayed in Attachment E. 6. GRADING,DRAINAGE,AND EROSION CONTROL PLANS: A. FINAL GRADING AND DRAINAGE PLAN: Developer agrees that the grading and drainage plan contained in Exhibit B is conceptual. Prior to the release of a land alteration permit for the Property, Developer shall submit and obtain the City Engineer's written approval of a final grading and drainage plan for the Property. The final grading and drainage plan shall include all water quality ponds, storm water detention areas and other items required by the application for and release of a land alteration permit. All design calculations for storm water quality and quantity together with a drainage area map shall be submitted with the final grading and drainage plan. Prior to release of the grading bond, Developer shall certify to the City that the water quality pond conforms to the final grading plan. Prior to issuance of any occupancy permit for the Property,Developer shall complete implementation of the approved plan Developer shall employ the design professional who prepared the final grading plan. The design professional shall monitor construction for conformance to the approved final grading plan and City erosion control policy. The design professional shall provide a final report to the City certifying completion of the grading in conformance the approved final grading plan and City erosion control policy. B. EROSION CONTROL PLAN: Prior to issuance of a grading permit,Developer shall submit to the City Engineer and obtain City Engineer's written approval of an erosion control plan for the Property. The erosion control plan shall include all 2 1 boundary erosion control features,temporary stockpile locations and turf restoration procedures: All site grading operations shall conform to the City's Erosion Control Policy labeled Exhibit D,attached hereto and made a part hereof. Prior to release of the grading bond,Developer shall complete implementation of the approved plan. Developer shall remove any sediment that accumulates in the existing and/or proposed sedimentation pond during construction. Developer shall provide preconstruction and post construction surveys for evaluation by City. 7. IRRIGATION PLAN: Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for irrigation of the landscaped areas on the Property. Developer agrees to complete implementation of the approved irrigation plan in accordance with the terms and conditions of Exhibit C prior to issuance of any occupancy permit for the Property. Should the existing irrigation system between Singletree Lane and Prairie Center Drive be disturbed or located within the proposed footprint of the building during construction of the project, the Developer agrees to restore and/or relocate the irrigation system to its existing condition. Developer also agrees to grant the City a utility easement over the irrigation line regardless of its location. 8. LANDSCAPE PLAN: Prior to building permit issuance,the Developer shall submit to the City Planner and receive the City Planner's written approval of a final landscape plan for the Property. The approved landscape plan shall be consistent with the quantity,type, and size of plant materials shown on the landscape plan on Exhibit B. Developer shall furnish to the City Planner and receive the City Planner's approval of a landscape bond equal to 150% of the cost of said improvements as required by City Code. Prior to issuance of any occupancy permit for the Property, Developer agrees to complete implementation of the approved landscape plan in accordance with the terms and conditions of Exhibit C. 9. PERFORMANCE STANDARDS:Developer agrees that the Property will be operated in conformance with Section 11.03, Subdivision 4 and 5 regarding noise, vibration, dust and dirt, smoke, odor, glare and wastes. 10. PUD WAIVERS GRANTED: The city hereby grants the following waivers to City Code requirements within the Community Commercial District through the Planned Unit Development District Review for the Property and incorporates said waivers as part of PUD • Maximum structure height of 40 to 50 feet 3 • Maximum density of 17.4 units per acre to 39.9 units per acres • Maximum base area ratio of.20 to .40 • Maximum floor area ratio of.40 to 1.18 • Maximum impervious surface ratio of .30 to .70 11. SIDEWALK AND TRAIL CONSTRUCTION: Prior to issuance by City of any building permit or construction on the Property,Developer shall submit to the Director of Parks and Recreational Services and obtain the Director's written approval of detailed plans for sidewalks and trails to be constructed on the Property. Developer shall convey access easements for such sidewalks and trails in such locations as determined by the Director of Park and Recreational Services. Sidewalks and trails shall be constructed in the following location: A. A ten-foot wide concrete sidewalk located along Singletree Lane as depicted in Exhibit B, attached hereto. Developer agrees to complete implementation of the approved plans in accordance with the terms of Exhibit C prior to issuance of any occupancy permit for the Property. 12. SIGNS: Developer agrees that for each sign which requires a permit by Eden Prairie City Code,Section 11.70,Developer shall file with the City Planner and receive the City Planner's written approval of an application for a sign permit. The application shall include a complete description of the sign and a sketch showing the size, location,the manner of construction, and other such information as necessary to inform the City of the kind, size, material construction,and location of any such sign,consistent with the sign plan shown on Exhibit B and in accordance with the requirements of City Code, Section 11.70, Subdivision 5a. 13. TRASH: Developer agrees that all trash, trash receptacles and recycling bins shall at all times be located inside of the building as depicted on Exhibit B. 14. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer agrees to release,defend and indemnify City,its elected and appointed officials,employees and agents from and against any and all claims, demands, lawsuits, complaints, loss, costs (including attorneys'fees),damages and injunctions relating to any negligent acts,failures to act,errors, omissions of Developer or Developer's consultants,contractors,subcontractors,suppliers and agents in connection with development and construction of the Project on the Property. Developer shall not be released from its responsibilities to release, defend and indemnify because of any inspection,review or approval by City. 15. STREET AND UTILITY PLANS: Prior to issuance by the City of any permit for the construction of public utilities for the Property,Developer shall submit to the City Engineer, and obtain the City Engineer's written approval of plans for the portions of public sanitary sewer and storm sewer. Plans for public infrastructures shall be of a plan view and profile on 24 x 36 plan sheets consistent with City standards. Developer shall convey drainage and 4 /0 utility easements for the public storm sewer in such locations as determined by the City Engineer prior to the issuance of a permit for construction of the public storm sewer. 16. RELEASE OF AGREEMENT:Upon request,following Developer' s performance of the terms and conditions in paragraphs 3,4, 5, b, 7, 8, 11 and 15,Exhibit C paragraphs I,III, N,VIII,IX,XII,XIII,XIV,XV,and Exhibit D,the City shall provide written release,in recordable form, releasing the Developer from the obligations in paragraphs 1 through 12 and 15, Exhibit C paragraphs I, II,III,IV,VIII,IX,XI,XII,XIII,XIV,XV, and Exhibit D of the Developer's Agreement. Additionally, within thirty (30) days of Developer's request, either on behalf of the Developer,purchaser of the subject property,or lender,the City shall execute, acknowledge and deliver to and in favor of the Developer, proposed purchaser or lender of the property an estoppel certificate requesting a certificate stating, without limitation: (i)whether the Developer's Agreement is in full force and effect; (ii) whether the Developer's Agreement has been modified or amended, and if so, identifying and describing any such modification or amendment; (iii) whether the City knows of any default on the part of the Developer, and if so, specifying the nature of such default; and (iv)certification of the items in the Developer's Agreement that have been satisfied by the Developer. 5 IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. DEVELOPER CITY OF EDEN PRAIRIE. NAP Watertower LLC, By:NAP Watertower, an Ohio limited liability company Its Nancy Tyra-Lukens,Mayor By Scott H.Neal, City Manager Its STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of May, 2002, by Nancy Tyra-Lukens and Scott H.Neal, respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2002,by ,the ofNAP Watertower LLC, a Ohio limited liability company, on behalf of the company. 6 EXHIBIT A DEVELOPMENT AGREEMENT — THE WATERTOWER LEGAL DESCRIPTION Lot 2,Block 1, Eden Prairie Marketcenter 2nd Addition 7 /3 EXHIBIT B DEVELOPMENT AGREEMENT - 'THE WATERTOWER PLANS 1. Project Narrative dated by 2. PUD Concept Plan dated by 3. Site Plan dated by 4. Grading and Drainage Plan dated by 5. Landscape plan dated by 6. Architectural Floor Plans and Elevations dated by 7. Preliminary Plat dated by 8. Wetland Delineation and Mitigation Plan dated by 9. Tree replacement Plan dated by 10.Traffic Study dated by 11.TDM Plan dated by 12.Lighting Plan dated by 8 l EXHIBIT C DEVELOPMENT AGREEMENT - THE WATERTOWER I. Prior to release of any building permit, Developer shall submit to the City Engineer for approval two copies of a development plan(1"=100'scale) showing existing and proposed contours,proposed streets,and lot arrangements and size,minimum floor elevations on each lot,preliminary alignment and grades for sanitary sewer,water main,and storm sewer, 100- year flood plain contours, ponding areas, tributary areas to catch basins, arrows showing direction of storm water flow on all lots,location of walks,trails,and any property deeded to the City. II. Developer shall submit detailed construction and storm sewer plans to the Watershed District for review and approval. Developer shall follow all rules and recommendations of said Watershed District. III. Developer shall pay cash park fees as to all of the Property required by City Code in effect as of the date of the issuance of each building permit for construction on the property. Presently, the amount of cash park fees applicable to the Property is $2,300 per unit and $6,600 per acre on the office and commercial uses. The amount to be paid by Developer shall be increased or decreased to the extent that the City Code is amended or supplemented 9 /- to require a greater or lesser amount as of the date of the issuance of any building permit for construction on the Property. IV. If Developer fails to proceed in accordance with this Agreement within twenty-four (24) months of the date hereof,Developer,for itself,its successors,and assigns,shall not oppose the City's reconsideration and rescission of any Rezoning,Site Plan Review,and Preliminary Plat approved in connection with this Agreement,thus restoring the status of the Property before the Developer's Agreement all approvals listed above were approved. V. Provisions of this Agreement shall be binding upon and enforceable against owners, their successors, and their assigns of the Property herein described. VI. Developer represents that it has marketable fee title to the Property, with respect to any interest in all portions of the Property which Developer is required, pursuant to this Agreement, to dedicate or convey to the City (the "Dedicated Property"), Developer represents and warrants as follows at the time of dedication or conveyance: A. That Developer has marketable fee title free and clear of all mortgages, liens, and other encumbrances except as listed below. 1. Easement for electrical transmission system in favor of Northern States Power Company as contained in Final Certificate filed of record March 20, 1979, as Document No. 1321789. 2. Easement for public road right of way and utilities in favor of the City of Eden Prairie as contained in Quit Claim Deed and Consent filed of record August 19, 1985, as Document No. 1665816. 3. Easement for public road right of way and utilities in favor of the City of Eden Prairie as contained in Quit Claim Deed and Consent filed of record December 23, 1985, as Document No. 1693502. 4. Easement for public road right of way and utilities in favor of the City of Eden Prairie as contained in Quit Claim Deed and consent filed of record December 23, 1985, as Document No. 1693503. 5. Easement for right of way and other purposes in favor of the City of Eden Prairie as contained in Cross Easement Agreement filed of record October 18, 1993, as Document No. 2432481. 10 /( 6. Easement for right of way and other purposes in favor of the City of Eden Prairie as contained in Easement Agreement filed of record October 18, 1993, as Document No. 2432486. Amended by Amendment to Easement Agreement dated December 21, 2001, filed of record December , 2001, as Document No. 7. Cross Easement Agreement dated December 21, 2001, filed of record , 2002, as Document No. 8. Utility Easement Agreement dated December 21, 2001, filed of record 2002, as Document No. 9. Trail Easement Agreement dated December 21, 2001, filed of record 2002, as Document No. 10. Planter and Landscape Easement Agreement dated December 21, 2001, filed of record , 2002, as Document No. 11. Assumption of Easement Obligations Agreement dated December 21,2001, filed of record , 2002, as Document No. Prior to release of the final plat,Developer shall provide to the City a current title insurance policy insuring such a condition of title. B. That Developer has not used, employed, deposited, stored, disposed of,placed or otherwise allowed to come in or on the Dedicated Property,any hazardous substance, hazardous waste, pollutant, or contaminant, including, but not limited to, those defined in or pursuant to 42 U.S.C. SS 9601, et. seq.,or Minn. Stat., Sec. 115B.01, et.seq.(such substances,wastes,pollutants,and contaminants hereafter referred to as "Hazardous Substances"); C. During the period of its Ownership developer has not allowed any other person to use,employ,deposit,store,dispose of,place or otherwise have,in or on the Property, any Hazardous Substances. D. To the best of Developer's knowledge no previous owner, operator or possessor of the Property deposited,stored,disposed of,placed or otherwise allowed in or on the Property any hazardous substances. Developer makes no representation as to the period of time the Property was owned by the City. Developer agrees to indemnify,defend and hold harmless City,its successors and assigns, against any and all loss,costs,damage and expense,including reasonable attorneys fees and costs that the City incurs because of the breach of any of the above representations and warranties and/or resulting from or due to the release or threatened release of Hazardous 11 /7 Substances which were,or are claimed or alleged to have been,used,employed,deposited, stored, disposed of, placed, or otherwise located or allowed to be located, in or on the Dedicated Property by Developer,its employees, agents, contractors or representatives. VII. Developer acknowledges that Developer is familiar with the requirements of Chapter 11, Zoning,and Chapter 12,Subdivision Regulations,of the City Code and other applicable City ordinances affecting the'development of the Property. Developer agrees to develop the Property in accordance with the requirements of all applicable City Code requirements and City Ordinances. VIII. Prior to release of the final plat,Developer shall pay to City fees for the first three(3)years, street lighting on the public streets adjacent to the Property(including installation costs,if any, as determined by electrical power provider), engineering review, and street signs. IX. Developer shall submit detailed water main, fire protection, and emergency vehicle access plans to the Fire Marshal for review and approval. Developer shall follow all the recommendations of the Fire Marshal. X. Developer acknowledges that the rights of City performance of obligations of Developer contemplated in this agreement are special, unique, and of an extraordinary character, and that, in the event that Developer violates, or fails, or refuses to perform any covenant, condition, or provision made herein, City may be without an adequate remedy at law. Developer agrees,therefore,that in the event Developer violates,fails,or refuses to perform any covenant, condition, or provision made herein, City may, at its option, institute and prosecute an action to specifically enforce such covenant, withhold building permits or rescind or revoke any approvals granted by the City. No remedy conferred in this agreement is intended to be exclusive and each shall be cumulative and shall be in addition to every other remedy. The election of anyone or more remedies shall not constitute a waiver of any other remedy. XI. Developer shall,prior to the commencement of any improvements,provide written notice to Paragon Cable, a Minnesota Limited Partnership, the franchisee under the City's Cable Communication Ordinance (80-33) of the development contemplated by this Developer's Agreement. Notice shall be sent to Paragon Cable, 801 Plymouth Avenue North, Minneapolis,Minnesota 55411. XII. Prior to building permit issuance,all fees associated with the building permit shall be paid to the Inspections Department,including;Building permit fee,plan check fee,State surcharge, metro system access charge(SAC),City SAC and City water access charge(WAC),and park dedication. Contact Metropolitan Waste Control to determine the number of SAC units. XII. Prior to building permit issuance, existing structures,walls and septic systems (if present) shall be properly abandoned or removed as required by City ordinance and all permits obtained through the Inspections Department. 12 XN. Prior to building permit issuance, provide two copies of an approved survey or site plan (1"200 scale)showing proposed building location and all proposed streets,with approved street names, lot arrangements and property lines. XV. The City shall not issue any building permit for the construction of any building,structure,or improvement on the Property until all requirements listed in this Exhibit C have been satisfactorily addressed by Developer. 13 ly EXIT D DEVELOPMENT AGREEMENT - PROJECT NAME EROSION CONTROL POLICY - AUGUST 1, 1997 1. All construction projects permitted by the City of Eden Prairie which results in the temporary disturbance of vegetative or non-vegetative surfaces protecting soils from erosion require the use of Best Management Practices(BMP's) as outlined in the Minnesota Pollution Control Agency's manual,Protecting Water Quality in Urban Areas,to mitigate the impact of erosion on wetland and water resources. The City Engineer or the Director of Inspections may impose special conditions to permits which stipulate erosion control procedures and/or direct the installation of erosion control features or the clean up of erosion at construction sites. Permits affected by this policy include all grading permits,building permits,and permits for the installation of utilities. 2. All erosion control systems stipulated in the permit application shall be installed prior to the issuance of the permit. Supplemental erosion control systems ordered by the City Engineer or the Director of Inspections shall be installed within 48 hours of that order. 3. All erosion control systems must be maintained by the applicant in a functional condition until the completion of turf and/or structural surfaces which protect the soil from erosion. The applicant must inspect erosion control biweekly and immediately after each rainfall event of.5 inches or more. Needed maintenance shall be performed within 48 hours. 4. Best Management Practices(BMP's)shall be utilized at all construction sites to minimize the trackage or spillage of soil on public streets or highways. BMP's may include,but are not limited to,rock construction entrances,washing stations,frequent cleaning of streets adjacent to the construction site or limiting operations when site conditions are unmanageable. Trackage or spillage of soil on a public street or highway must be cleaned by power sweepers within the time frame stipulated in the permit special conditions or as ordered by the City Engineer or the Director of Inspections. 5. If erosion breaches the perimeter of a construction site, the applicant shall immediately develop a clean up and restoration plans, obtain the right-of-entry from the adjoining property owner, and implement the clean up and a restoration plan within 48 hours of obtaining the adjoining property owner's permission. In the event eroded soils enter onto or are tracked or spilled on a public street,highway,sidewalk or trail,the applicant shall remove the soil material and thoroughly sweep the street or sidewalk surface within four hours. If eroded soils enter,or entrance appears imminent,into wetlands or other water bodies,clean up and repair shall be immediate. The applicant shall provide all traffic control and flagging required to protect the traveling public during the clean up operations. 14 6. When an applicant fails to conform to anyprovision of this policy within the time stipulated in a written notification,the City may take the following actions: a. Withhold the scheduling of inspections and/or the issuance of a Certificate of Occupancy or other approvals. b. Direct the correction of the deficiency by City personnel or separate contract. c. Withhold the issuance of building permits d. At its option,institute and prosecute an action to enjoin violations of this Agreement and/or an action to specifically enforce performance of this Agreement The issuance of a permit constitutes a right-of-entry for the City or its contractor to enter upon the construction site for the purpose of correcting deficiencies in erosion control. All costs,including but not limited to, attorneys'fees and engineering fees incurred by the City in correcting erosion control deficiencies or enforcing this policy shall be reimbursed by the applicant. All invoices for erosion control correction shall be due and payable within 30 days. Invoices not paid within 30 days shall accrue interest at a rate of 1%per month or the highest legal rate. Each charge for correction of erosion deficiencies shall be a lien upon the property to which the permit applies. Invoices more than 30 days old on September 30 or any year or on any other date as determined by the City Engineer or the Director of Inspections maybe assessed against the property. As a condition of the permit, the owner shall waive notice of any assessment hearing to be conducted by the City, concur that the benefit to the property exceeds the amount of the proposed assessment and waive all rights by virtue of Minnesota Statute 429.081 or otherwise to challenge the amount or validity of the assessment. I,We,The Undersigned,hereby accept the terms and conditions of the Erosion Control Policy dated August 1, 1997 as set forth and agree to fully comply therewith to the satisfaction of the City of Eden Prairie,Minnesota. By: By: Owner's Signature Applicant's Signature Title Date: Title Date: 15 16 Exhibit E Marketcenter Architectural Motif 17 CITY COUNCIL AGENDA DATE: May 21,2002 SECTION: Consent Calendar SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Engineering Services Final Plat Approval of Marvin Heights Randy Slick/ V(( e- , Eugene A.Dietz Requested Action Move to: Adopt the resolution approving the final plat of Marvin Heights Synopsis This proposal consists of platting one single family lot on 3.11 acres located south of Anderson Lakes Parkway and west of Preserve Boulevard. This is a replat of Outlot B, Lake Heights Addition. Background Information The preliminary plat was approved by the City Council April 9, 2002. Second Reading of the Rezoning Ordinance and final approval of the Developer's Agreement was completed on May 7, 2002. Approval of the final plat is subject to the following conditions: • Receipt of engineering fee in the amount of$300.00 • Receipt of street lighting fee in the amount of$1,110.00 • The requirements as set forth in the Developer's Agreement • Provide a list of areas (to the nearest square foot) of all lots, outlots and road right-of- ways certified by surveyor • Prior to release of final plat,Developer shall submit a Conservation Easement • Prior to release of final plat, Developer shall install or bond for all wetland buffer strip monuments. Attachments Drawing of final plat CITY OF EDEN PRAIRIE HENNEPIN COUNTY,M NNESOTA RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF MARVIN HEIGHTS WHEREAS, the plat of Marvin Heights has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW,THEREFORE,BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: A. Plat approval request for Marvin Heights is approved upon compliance with the recommendation of the City Engineer's report on this plat dated May 21,2002. 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 May 21, 2002. Nancy Tyra-Lukens,Mayor ATTEST: SEAL Kathleen A.Porta, City Clerk f s I I i = I tit' On it g c.; !,1 2. 1 , 1 , 11....,_ 1 IT I a pi ., . 4.... 8 -5 I 71 4- . a r O. CO \ N O I J. ( if CI V .1 21 Z \ \ ��K-;,y � � V V� \ 83 .1. V30 3A213S3 � d \ \ d�v \ a/tmt— .\ Q r 1. Z \ Cl. { �4 \ `em s `1' ����� • rr �y d3 rR�I /� / \ •4 �� M�, I • \ rs.I • \ t y Pick, • \ I l •1 ; ..� \ `5 • \ \ o ,` I • \ \ \ 3 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar May 21,2002 SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Management Services Resolution Approving Five Additional Liquor Kathleen Porta, City Clerk Licenses Requested Action Move to: Adopt resolution approving Laws 2002, Chapter 318, Section 5 authorizing five additional on-sale intoxicating liquor licenses and directing the City Clerk to file a Certificate of Approval of Special Law with the Secretary of State. Synopsis In response to demand for additional liquor licenses, the City requested special legislation to increase the number from 31 to 36 to allow for new restaurant development. With the support of Senator Roy Terwilliger and Representative Erik Paulsen, the Minnesota Legislature in 2002 adopted Chapter 318, Section 5 authorizing five additional on-sale intoxicating liquor licenses in the City of Eden Prairie. The special law is made effective upon approval by the majority vote of all members of the City Council. Background Information The City received special legislation in 1999 to increase the number of liquor licenses from 26 to 31. This increase allowed the City to support the redevelopment plans for the Eden Prairie Center. Since 1999,the City has issued 7 new liquor licenses. Currently,the City has 26 licenses outstanding,2 licenses allocated to the Eden Prairie Center bringing their total to 5, and 3 licenses allocated to other approved restaurant sites. Staff expects that the five licenses already allocated to proposed restaurants will be issued this year. Once this occurs,the City will not have the authority to issue any additional licenses. Eden Prairie has about 95 acres of commercial land available for development. A portion of this land will be developed into restaurant sites. Staff expects that the additional five licenses will be sufficient for the foreseeable future. Attachments Resolution I CITY OF EDEN PRAIRIE HENNEPIN COUNTY,NIINNESOTA RESOLUTION 2002- RESOLUTION APPROVING FIVE ADDITIONAL LIQUOR LICENSES BE IT RESOLVED that the City of Eden Prairie hereby approves Laws 2002, Chapter 318, Section 5 authorizing five additional on-sale intoxicating liquor licenses in the City of Eden Prairie. BE IT FURTHER RESOLVED that the Clerk of the City of Eden Prairie is authorized and directed to file a Certificate of Approval of Special Law reflecting the Council's approval of Laws 2002, Chapter 318, Section 5,with the Secretary of State of the State of Minnesota. ADOPTED by the City Council on the 21st day of May, 2002. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen A. Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar May 21,2002 SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Management Services Kathleen Porta, City Clerk Resolution Establishing Polling Place V (( , C , Requested Action Motion: Adopt the resolution establishing polling places for the City of Eden Prairie. Synopsis: State Statute 204B.16 requires a resolution establishing polling places. Background: The polling place changes for 2002 are: Precinct 1 will move back to King of Glory Church from Prairie View Elementary School. Precinct 14 will be at the Homeward Hills Park Barn. Precinct 18 will be at the Eden Prairie Presbyterian Church. Precinct 19 will be at Grace Church. CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2002— A RESOLUTION ESTABLISHING POLLING PLACES BE IT RESOLVED by the City Council of the City of Eden Prairie,Minnesota,that the following facilities are designated as polling places: Precinct 1 King of Glory Lutheran Church Precinct 11 St.Andrew Lutheran Church 17850 Duck Lake Trail 13600 Technology Drive Precinct 2 Eden Prairie Assembly of God Precinct 12 Eden Lake Elementary School 16591 Duck Lake Trail 12000 Anderson Lakes Parkway Precinct 3 Immanuel Lutheran Church Precinct 13 Hennepin Technical College 16515 Luther Way 9200 Flying Cloud Drive Precinct 4 Antioch Christian Fellowship Precinct 14 Homeward Hills Park Barn 14100 Valley View Road 12000 Silverwood Drive Precinct 5 Prairie Hill Evangelical Free Church Precinct 15 Pax Christi Catholic Community 17200 Valley View Road 12100 Pioneer Trail Precinct 6 Christ Lutheran Church Precinct 16 Pax Christi Catholic Community 16900 Main Street 12100 Pioneer Trail Precinct 7 City Hill Fellowship Precinct 17 Prairie Lutheran Church 12901 Roberts Drive 11000 Blossom Road Precinct 8 Wooddale Church Precinct 18 Eden Prairie Presbyterian Church 6630 Shady Oak Road 9145 Eden Prairie Road Precinct 9 Resurrection Life Church Precinct 19 Grace Church 16397 Glory Lane 9300 Spring Road Precinct 10 Eden Prairie United Methodist Church 15050 Scenic Heights Road ADOPTED by the Eden Prairie City Council this 21st day of May,2002. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE:May21,2002 SECTION: Consent Calendar SERVICE AREA/DIVISION: ITEM DESCRIPTION: Request for Property ITEM NO: Parks and Recreation Trade from John Thoma Robert A. Lambert Director `? V I ( , F • Requested Action Motion: Move to approve the request to trade property within Round Lake Park to John Thoma for an equal amount of property that would be added to Round Lake Park. Synopsis: • During the original review of Lorence 2nd Addition, the developer requested the City swap an equal amount of property from his property to Round Lake Park in order to add the existing private driveway, which currently runs across park property, to his lot. The proposed land swap, as depicted on the attached plan, would entail Mr. Thoma giving an equal amount of land to Round Lake Park as he is requesting from the park. In the 1980's when Lorence 2nd Addition was approved, the City Council approved this land swap, but the original owner never took the • time to initiate the legal action necessary to accomplish the request. Neither the land the City is giving away nor the land the City would be acquiring would be considered a critical part of Round Lake Park. In fact, the existing driveway has been on parkland for many years. Staff would recommend approval of the request. Background The Parks, Recreation and Natural Resources Commission unanimously approved this request at their May 6, 2002 meeting. RAL:mdd • • i, ` ,: rr 'a'iti.r+�]�A .te" r`..••• :- _ �'`•�;:. , :.y+.�t. yh., '' y .,1 .N..•" •rY v� �•�citv,✓..- + ny'i'..rrYtferM?rit (a% ...er,atr-y•`_'•:Y _ • i i [pfalt4z41 f«'.1 .ri+'�. ''+ 4... y� ! M ; r'� t n.'7:yr."'.. 7 ^r' "�, tty.,�.,tl:.. r de'.' 4 t.,1.-- 'I'd ry I.uD`l��y��•'-.' [Fp r4.'s•'wL' • �. _y Y :V u{ry 11 '•tt vikit'c' .1 S'1�.• .:f F^rY1• tYl 1^•i ..••• ^n•A.:1..r• t r1 i ti ,,�.[l - . h_::o4!.:.:JS: •.r•..•;v!n;-u •.MN 1+u. '�. . .;i ; •:"'-5 tce'a"71 3.r •'.r.1+ - ''; ' S ' `:'' w'4• ,1 - •'. 7(.�r. • idry�,,.y`..4.,..."„;•j7-'-i.,^° tir.5'.,w.w[.�. ",- :�:} r- .''.4`'il:Y::; . .4 •'t' '. ,.' •u`Le`Y M�'�yL •i:_..;•r'":.:•, .. L•ti4J „•.w' 4'h'".:sT.,R'.iky..+ 2.+>M'� .,._'�'r., ,..Fy„ • ' : „ _• -•r4 T }-y�NA y.r.•A p:.',l`...i�t`r^ •tr 7: v•:••^ �•r'tw.r1 ' ' K •*1T.P-: .=. a ic}'•• T~ � , +� �4`..•'`,• rfl. 3 .-'.--Yf' r^r'f: •r .'''' .F` .e }�si'r" '1t; :1,%•. L�:_>.'t•' '•„.`•: ."_„A.�.:9y+" ` i .. uz^ w_, , -,. . ^-SA• -••'cn: t.L..t_•1• 171 i rSH 1M'4�r�"y,�4`2' a,4[ cR.. " TY1tl -,•:....-,•:......‘:��,rt ��•T = • R:' . '• � A� riwfic��s.. - vfC• f^..rl,.�:. �' ..� • : •&:.:Y : : ='r :~ w. Mn . ` ' ; : '�v✓,�,/a :[. •r,7.1..;.,.:,: ;w4y1= . ••=^'?�a ; -L.:s'te, e,.•+.vy i •' rL 17K?6h StC'- y�Ffa. i,j. ti : r - '' "' .. Xv .. - : ::;1L }.. • _{:rt = _::_ ti �-:�..i[✓pr."s=_". ,i3. � —• • .. c . A. 4 �•f J it {.,0 • ., ?i. /3"7 k r , \'ri Nan` Y ^{kl ,,1•>4 1,..,`w < <[} ';;;'1'` . i r 1.kl 2Tn ' • +'"�.- '.n ti x 4fr,u;+rrl e, r' ; ,�,3 F r fiat j .�t,r(c.ir a }. F ,r • 1 ••' Y.. t- rye 'r. • atr- ',- .rd:• + fit:E P .-I't i. ' \"- r ,�,n clrx.+ E'•x , :'� `4r-rtt:to r4';'crk, - "r!Ni}�;'n7 ^- I:. .: iVe•'••;4; • 4 :. • '�- 'J •'. � { . Try. '�' O[ .ttkelitist RAT - lud.• .? [ "• • ,41 o,g,.r 1,,,,.:..wM r,.iii.-:0....1V:1.`•:'•'. • .ram,•,. �{'��t• Air°I'C. `t• f W.' •, •� rj'. ... 7. �ri'K 1 ...A .a. 5S 1 t u. e. •t 11t.�..'' h'T"ml.• Tt ;� 1S1 •.42�. .4. f:% '.7k�t11 S` v. .r:r:� .s. �H n'i iw'� .'u :.;c .w att. .'�w• y�- a.}1 •!�•. �...�+V�.i.l ar,�':k ••.tL: •.{•.: i'..r... �-�.':e. '••^7'r'.,.l• n•' .'+• • •,O Fx.w� �,� .✓�.•` •5"'Ge:••.Yryir. :✓'t�'�;"::'y:,::,yq. rrtiT'yt...n:. <!:� .''�'::-..tiR • I -r4�••. •:. - -i..,,. 3.q,.,,."i5', �r:r�.:..•:M:ni�.:�',::,;n•`e; «;.�..•......„.,,„A„.....„' �� .: .l'„ten 'i •..r[:4:424' ''t'''"#^rmf:fir•. .'r••;.•ry{. ,'t"•". ;;a..:4 q. .ln•'::t,l.. r_' .,Or--4: • "mat.-C....,.s' !J,>• tr: 'q .+'^'[i`:Ki•• jw _ -�4 - .• '_ • :•.tlM:,,lzy�'•Ycf•.,• :,n."• gip-,• � •je ..ri •rt:y t+ ,3r- (• • to.. ~`C �y .yr r ��.:l�.:l :-..,: _ ••.:;'^�r�s;rt="`w"-47. ' r' ' ; .,�� laSN f,,y. c7r.•.. r'' .:t:i••••.i"`i •:WE+z""-Tyr`"'- ���,t'f'-a..`'t� .-�t�-:%;:• ,;:yy,:.. t.. .. �����"•ti,.��A•��''..`s<•,: •+.. :tl" 4` r _ -:�i::•�.' ^:44.}+�'�' •••!•• •-3'.G;k.14,••!t lt... .-n:. ah=:i.: i.4„VC.t.. ."n''�rylil'" s:_':[`-mr..i -+''. :.L ��7�"rA*r�...,'' •; �,��_w.;'r:.'•..-,'•`'.,«tit......t=';^.�•:'::-::�'~q�,p���n+'MACL".i•V:•�;'.'".f`�•(y '.[+.. R ' P • >j iiltn.4.r.„,(.w„' .. --r.. J..trA... Arai. 1;Ar $,.;Rbef •-1-C•,,., r- Y- +' •.f f, .v4t.,i"'y.^-Y : _,w,.._,•• 4%n r.';ii••,1'TJ»....Les`.:' `r.;v..�x. °+°"[yy • -y� " 3.ivi ,.• 't. %gi::JtY-..,5i,...`.;w7-lib, y.-p-s.ri..11;t•t^t�'!• _: +mw ••-.... 0 +` • • ••i. �G� +e- l".0- �' .3fi•+_3+.!��.,7 •[- .ilia. H S`�r.yy�;Jl!'�.i '*''t"".�sl.,^R+.:K •,�,. y • yb', ASS.• I i "NJ;$':..•s;?,M.N.1_•. r-"y +'!.:01T .. • T• .. ,'1.°. M'}3^•�•.;.•�,`,`» �' R -/I" y•r• ,w j-eti).;"Tt-u“'4F4,-.^' }•per "Y.f=±., 4 �'om 7 • 17195 Valley View Road Eden Prairie,MN 55346 • 612.919.5224 • • • April 19,2002 • City of Eden Prairie Park&Recreation Board To Whom It May Concern:. • I am currently working with the City of Eden Prairie to sub-divide my property. The existing private driveway to the lot resides on City property. I would like to retain the location of the driveway for the second lot. Due to this circumstance,the City has advised me to submit a request to swap property to keep the existing driveway,as was originally proposed and approved in 1991.A copy of the site plan is attached. If this item could be added to the agenda to be discussed in the upcoming Board meeting,I would greatly appreciate it. • Sincerely, • • Jon Thoma Property Owner • • • • • • • [Clickhere and type slogan] 3 CITY COUNCIL AGENDA DATE:May 21,2002 SECTION: Consent Calendar SERVICE AREA/DIVISION: HEM DESCRIPTION: Riley Lake Riding I'I'] M NO: Parks and Recreation Arena Robert A.Lambert Director ' v I 1. (}- Requested Action Motion: Move to approve the recommendation to remove the riding arena from Riley Lake Park. Synopsis • The Riley Lake Riding Arena was originally authorized to be located at Riley Lake Park subject to an agreement with Doug and Susan Heyvaert,members of the Eden Prairie Horsemen Club,who had agreed to maintain the fence and grounds within the arena at no cost to the City. The Heyvaert's have moved from their property and the Eden Prairie Horsemen no longer hold horseshows at the facility and it is only occasionally used by members of that club. With the planned restoration of the barn in 2003 and expanded use of that site for summer recreation programs,historical interpretative programs and special events,the City will need the use of that large flat space to accommodate turf games, displays and special events and overflow parking. Background The Eden Prairie Horsemen originally obtained authorization from the City to construct a riding arena on Metropolitan Airports Commission property leased by the City of Eden Prairie, for conducting several horseshows each year, and as a place where their members could practice before those type of events. In 1996,the City authorized the Eden Prairie Horsemen to move that arena to Riley Lake Park subject to an agreement that the Heyvaert family would maintain the grounds within the arena at no cost to the City. The Eden Prairie Horsemen no longer hold horseshows at that facility and it is only rarely used by Eden Prairie Horsemen Club members. In the last two years a Minnetonka resident has been maintaining the arena for use by his grandchildren. City staff are recommending restoring that area to a turf play area that can be used for recreational programs anticipated for this site. The Parks, Recreation and Natural Resources Commission unanimously supported the recommendation to remove this facility from Riley Lake Park at their May 6, 2002 meeting. RAL:mdd 1 7. =I2 City of cs (r-F-.' en ._,_(Prazne 8080 Mitchell Road•Eden Prairie,MN 553d4-4485•edenprairie.org•952-949-8300 a DDD 952 949-8399 April 452002 Jean Johnson, President Eden Prairie Horsemen 16895 Beverly Drive. Eden Prairie,MN 55347 SUBJECT: Riley Lake Riding Arena • Dear Jean: . • As you know, the City approved the Eden Prairie Horsemen to move the riding arena from . Flying Cloud Airport property to Riley Lake Park in 1996, subject to an agreement with Doug and Susan Heyvaert. One of those conditions was that the The Heyvaert's had agreed to maintain the fence and the grounds within the arena at no cost to the City. Earlier this year, I was told that the Heyvaert's moved from their property several years ago and since that time a., person from Minnetonka was maintaining the arena for use by his grandchildren. You have indicated that the Eden Prairie Horsemen no longer hold horseshows at .that facility and it is only used occasionally by members of your club. Based on this • information, I no.longer can support the use of parkland for this purpose. • With the pending decision to move the Dorenkemper cabin to the Riley homestead property and to complete restoration of the barn in 2003 for expanded recreational programs, it will be my recommendation to remove the arena from this site and replace that facility with a mowed turf area that will accommodate a large flat play space for day camp programs and a location to expand historical interpretative programs, as well as other special events that require large flat spaces to accommodate displays,tents or overflow parking, etc. I have evaluated your recommendation to consider keeping a small portion of the arena fencing for a smaller corral-for a petting zoo or smaller riding arena; however,upon further consideration and a site inspection I decided that the number of times per year those uses are needed compared to the need for a flat turf area does not justify retaining any of the fencing or a corral of any sort. • I anticipate taking this recommendation to the Parks, Recreation and Natural Resources • Commission at their May 6th meeting. Provided the Commission supports my recommendation the Eden Prairie Horsemen could remove any materials they want after May 6th. The Eden Prairie Horsemen own the boards and posts for the riding arena; therefore, your members can remove what they want until Junelst. After that date, the City will remove whatever is remaining on the site and attempt to restore turf in that location. __ ��.r- Jean Johnson _ April 5, 2002 • Page 2 I would appreciate it if you would take this request to your next club meeting and provide me with a written response of the club's decision on use of the materials. If you have any further questions regarding this facility, please give me a call Sincerely, CITY OF EDEN PRAIRIE Robert A. Lambert Director Parks and Recreation Services RAL:mdd • • • • CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar May 21,2002 SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: James G. Clark,Director of Change to Fire Department Policy Manual Public Safety / Requested Action Move to approve changes to the Eden Prairie Fire Department Manual. Synopsis The 2001 City Budget included funding for a full-time paid Fire Chief position. The position was not filled in 2001 and was carried over to 2002. Prior to posting the position, the Fire Department Policy must be revised to replace the paid/on-call Fire Chief position with the full- time paid position. Background Information The current and anticipated future duties of the Fire Chief are such that it is not reasonable to expect an on-call person to fulfill these requirements. Staff research of similar cities in the metropolitan area indicates that the majority of those cities employ a full-time Fire Chief and(in most cases) other full-time staff to support the work of the paid/on-call firefighters. In the summer of 2000 the City contracted with a consultant(Dr. Larry Ritcey),who specializes in the fire service, to evaluate the specific needs of the Fire Department. The consultant worked with fire staff on improvements in promotional testing,recommendations on leadership training, and also included in his findings a need for a full-time Fire Chief. This Fire Chief would manage the Fire Department in a manner that ensures we continue to provide the quality service that this community has come to expect. This policy revision is the final step needed prior to posting the position. The Fire Department Policy Committee (a representative group of firefighters) and the City Attorney have reviewed the revisions. 1 CITY COUNCIL AGENDA DATE: May 21,2002 SECTION: Consent Calendar SERVICE AREA/DIVISION: ITEM DESCRIPTION: I.C. 02-5562 ITEM NO.: Engineering Services Award Contract for 2002 Sealcoat Mary Krause U 1 I Eugene A. Dietz Requested Action Move to: Award Contract for 2002 Sealcoat to Pearson Brothers, Inc. in the amount of $350,057.92 Synopsis Sealed bids were received Thursday, May 2, 2002 for the 2002 Sealcoat. Three bids were received and are tabulated as follows: Pearson Brothers,Inc. $350,057.92 Allied Blacktop,Inc. $354,748.64 ASTECH $446,979.89 • Background Information The 2002 O&M budget for sealcoating is $245,000. Parks budget will cover approximately $33,000 for sealcoating at Miller Park. The balance of about $72,000 will be taken from the CEP for pavement maintenance. • CITY COUNCIL AGENDA DATE: May 21,2002 SECTION: Consent Calendar SERVICE AREA/DIVISION: ITEM DESCRIPTION: I.C. 02-5569 ITEM NO.: Engineering Services Award Contract for 2002 Mill and Bituminous Mary Krause Overlays V I I I Eugene A.Dietz Requested Action Move to: Award Contract for 2002 Bituminous Mill and Overlay to Midwest Asphalt Corporation in the amount of$510,390.20 Synopsis Sealed bids were received Thursday, May 2, 2002 for the 2002 Bituminous Overlays. Six bids were received and are tabulated as follows: Midwest Asphalt Corporation $510,390.20 Bituminous Roadways,Inc. $531,538.60 W.M.Mueller&Sons,Inc. $552,752.55 Hardrives, Inc. $568,475.60 Northwest Asphalt,Inc. $574,132.84 • Valley Paving $608,832.00 Background Information The 2002 0 & M budget for milling and overlay is $266,000. The Council approved five-year CIP allocated an additional $700,000 for pavement maintenance for 2002. Approximately $245,000 of these monies will be added to the overlay program. The 2002 overlay program increased approximately $150,000 above the 2001 program. Unused funds will be carried over to budget for additional projects, such as the City share of reconstruction of the Hillcrest/Alpine area and the sealcoat project. CITY COUNCIL AGENDA DATE: May 21,2002 SECTION: Consent Calendar SERVICE AREA/DIVISION: ITEM DESCRIPTION: I.C. 00-5514 ITEM NO.: Engineering Services Award Contract for Bryant Lake Drive Trail ,Randy Newton V Requested Action Move to: Adopt resolution awarding contract for I.C. 00-5514 (Bryant Lake Drive Trail)to DMJ Corporation in the amount of$233,875.00. Synopsis Sealed bids were received Thursday May 9, 2002 for this project. Five bids were received and are summarized on the attached Summary of Bids. The low bid in the amount of$233,875.00, submitted by DMJ Corporation, is $6,929.69 (3%) above the engineer's estimate. The bids received were fairly competitive with less than $7,000 separating the low and second place bidder. Also,the number of bids received is indicative of a good bidding environment. • Therefore, staff recommends awarding the contract for the Bryant Lake Trail to DMJ Corporation in the amount of$233,875.00. Background Information The Bryant Lake Drive trail is included in the City's Park and Open Space Plan and is one of the priority trail projects in•the community. The trail will run along the west side of Bryant Lake Drive and the south side of Shady Oak Road between the TH 212 off-ramp and Rowland Road. Previous Council action (April 9, 2002) approved the plans and specifications for the Bryant Lake Trail project. Financial Implications The Parks and Recreation Department has secured a grant for approximately $50,000 from the Department of Natural Resources (DNR) for the project. The remainder of the construction funding is from the Capital Improvement Fund for Trail and Sidewalk Improvements. Attachments Consultant's recommendation letter and Summary of Bids • CITY OF EDEN PRAIRIE HENNEPIN COUNTY,NIINNESOTA RESOLUTION NO. RESOLUTION ACCEPTING BID WHEREAS,pursuant to an advertisement for bids for the following improvement: LC. 00-5514—Bryant Lake Drive Trail Bids were received, opened and tabulated according to law. Those bids received are shown on the attached Summary of Bids; and WHEREAS,the City Engineer recommends award of Contract to DMJ Corporation as the lowest responsible bidder. NOW,THEREFORE,BE IT RESOLVED by the Eden Prairie City Council as follows: The Mayor and City Manager are hereby authorized and directed to enter in a Contract with DMJ Corporation in the name of the City of Eden Prairie in the amount of $233,875.00 in accordance with the plans and specifications thereof approved by the Council and on file in the office of the City Engineer. ADOPTED by the Eden Prairie City Council on May 21,2002. Nancy Tyra-Lukens,Mayor ATTEST: SEAL Kathleen A. Porta,City Clerk r�— SUMMARY OF BIDS BRYANT LAKE DRIVE TRAIL I.C. 00-5514 BIDDER AMOUNT DMJ Corporation $233,875.00 Midwest Asphalt Corporation $240,446.05 Ingram Excavating Inc. $277,454.65 G.L. Contracting Inc. $281,527.36 Bituminous Roadways Inc. • $338,732.50 ff5EH Butler Square Building,100 North 611 Street,Suite 710C,Minneapolis,MN 55403 866.830.3388 612.758.6700 612758.6701 FAX May 13,2002 RE: Eden Prairie,Minnesota Bryant Lake Drive Trail and Drainage Improvements SEH No.A-EDENP0203.00 14.00 Mr.Alan Gray City Engineer City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 Dear Mr. Gray: On May 9`t',2002,bids were received for the Bryant Lake Drive,Trail and Drainage Improvements project. Enclosed is the bid tabulation, including the five bids that were received for the project. The bids ranged from$233,875.00 to$338,732.50,with the low bid submitted by DMJ Corporation.The Engineer's Estimate developed for this project based on recent unit prices was calculated at$226,945.31. The three lowest bidders were as follows: DMJ Corporation: $233,875.00 Midwest Asphalt Corporation: $240,446.05 Ingram Excavating Inc. $277,454.65 The bids received were fairly competitive with less than $7,000 separating the low and second place bidder. The number of bids received is also indicative of a good bidding environment. Upon further review of the bid tabulation, we have found the bids to be accurate, with the exception of a minor addition error on the Ingram Excavating bid,which has since been corrected in the bid tabulation. It is our recommendation that the City of Eden Prairie award the contract to DMJ Corporation in the amount of$233.875.00. If you have any questions regarding the bids or bid tabulation,please feel free to contact me at 612.758.6805. SHORT ELLIOTT HENDRICKSON,INC. Sincerely, Jason P. Sprague,P.E, Project Manager Attachment c: Randy Newton, City of Eden Prairie Scott McBride, SEH 1tnWutomp cIericalkivII'gxojearkdrn prauiebdrnp02031Award Remctmcndatiea 5-13-02doc CITY COUNCIL AGENDA DATE: May 21,2002 SECTION: Consent Calendar SERVICE AREA/DIVISION: ITEM DESCRIPTION: I.C. 00-5514 ITEM NO.: Engineering Services Approve Professional Services Agreement with Randy Newton SEH for construction services for the Bryant Lake V I L G- , Drive Trail. Requested Action Move to: Approve Professional Services Agreement with SEH, Inc. for construction services for the Bryant Lake Drive Trail. Synopsis In conjunction with the bidding and award of the construction contract for the Bryant Lake Drive Trail project SEH,Inc.has been requested to administer the construction services for the project. Background Information SEH, Inc.,with the assistance of the Engineering Division, prepared plans and specifications for the Bryant Lake Drive trail project. Previous Council action (April 9, 2002) approved the plans and specifications and ordered advertisement of bids for the project Award of the construction contract for the project is on the Consent Calendar for this council meeting(May 21, 2002). Financial Implications The construction services for the Bryant Lake Drive Trail are estimated at $25,418.06. This proposed fee is reasonable considering the size and complexity of this project. Attachments Professional Services Agreement Butler Square Building,100 North 6th Street,Suite 710C,Minneapolis,MN 55403 866.830.3388 612.758.6700 612.758.6701 FAX May 14,2002 RE: Eden Prairie,Minnesota Bryant Lake Drive Trail and Drainage Improvements SEH No. P-EDENP0203.00 10.00 Mr.Alan Gray,P.E. City Engineer City of Eden Prairie 8080 Mitchell Road Eden Prairie,Minnesota 55344 Dear Mr. Gray: Short Elliott Hendrickson Inc.® (SEH) appreciates the opportunity to submit this proposal to the City for the referenced project. For your convenience, we will divide this proposal into sections titled Understanding of Work, Scope of Work,Deliverables,Proposed Fee and Schedule. Understanding of Work The City of Eden Prairie has previously contracted with SEH to provide plans and project specifications for the construction of a bituminous bike trail adjacent to Bryant Lake Drive. The plans and specifications have been completed and contractor bids were received by the City on May 9th,2002. Construction is intended to begin on or about June 3rd,2002. The proposed project includes: > Construction of a bituminous trail on Shady Oak Road from Rowland Road to Bryant Lake Drive and on Bryant Lake Drive from Shady Oak Road to the intersection of Bryant Lake Drive with the T.H.212 ramp. > Addition of concrete curb and gutter to Bryant Lake Drive from Crowne Oak Road to the T.H. 212 ramp. > Catch basins, storm sewer, and outlets to convey proposed storm drainage. > Complete restoration of all areas disturbed by construction activities. Completion of this trail will allow for safer pedestrian and bicycle access along Bryant Lake Drive. The completed trail on Bryant Lake Drive will be extended to Valley View Road adjacent to the T.H.212 ramp with the completion of City Project No. 01-5543. Alan Gray,P.R. May 14,2002 Page 2 Scope of Work Work shall be done in accordance with the City's General Conditions Consultant Agreement. A copy of this document is included as Exhibit B. This section of the proposal summarizes the major work items that are included in the original scope of the project. 1. Utilize the City's horizontal and vertical datum for all construction surveying and staking. 2. Coordinate and contract for materials testing with the Contractor. 3. Conduct a pre-construction conference with all appropriate parties involved in the construction of the trail. 4. Provide construction survey staking for the trail alignment. 5. Provide construction survey staking for catch basins,storm sewer,and outlets. 6. Observe and inspect contractor operations during construction for conformance with the approved project plans and specifications. 7. Provide final as-builts to the City upon completion of the project. 8. Maintain records of construction pay quantities and prepare periodic and final pay estimates for approval by the City and the Contractor. Deliverables We will deliver the items listed below to the City. 1. Final as-built drawings upon completion of construction. 2. Periodic reports of construction progress and the Contractor's compliance with the project schedule. Proposed Fee In order to satisfy the City's expectations, and based on our current billing rates and expenses, we estimate our not-to-exceed fee for this project to be $25,418. Billing for our services will be on an hourly basis.We will only proceed with additional work following your authorization. A task hour budget is attached to this proposal and titled Exhibit B. Schedule Upon receiving authorization to proceed, we will immediately assign staff to this project to commence work. We estimate the project will adhere to the following schedule: TaskDate Council Authorization May 21,2002 Pre-Construction Conference May 30,2002 Begin Construction June 3,2002 Substantial Completion August 2,2002 Final Payment September 9,2002 • Alan Gray,P.E. - May 14,2002 Page 3 This letter proposal along with the attached General Conditions represents the entire understanding between the City and SEH with regard to the project. We are looking forward working with the City on this project.If you have any questions,please feel free to contact me at 612.758.6805 at your earliest convenience. If this proposal is acceptable,please sign in the space provided below and return one signed copy to this office.The signed copy will serve as the accepted proposal and authorization to proceed. Sincerely, • SHORT ELLIOTT HENDRICKSON INC. Jason P. Sprague,P.E. David C.Halter,P.E. Project Manager Client Service Manager Attachments: Exhibit A: General Conditions Exhibit B: Task Hour Budget Accepted this day of ,2002 By the City of Eden Prairie Nancy Tyra-Lukens,Mayor Scott Neal,City Manager \\sehmpls\civil\civil\proposals\eden prairie\bryant lake trail const serv.proposal.doc Ho _ CO yN F t-5� r usI • i :��I _-_._III _ I�ri LU 07 cr . ' 1 .k,,_::::-__. : !` 1I$I !ILIII_IIIJ ..„ ,,....,,,,,..„,,,,,,, ,,,, , ,,,,__, ,„ '', : ,,,,,,,_„,",;;:j71:-i.,,,,--11 .5. L.I.:. :: - : 11. _,,,;q, i.„::: >:.Wa®®�_Hiiiiiiiiiit ram..._;"--':IiL!I 4, i'lli t:-...lj: iuuLJHuiLiAUiLIDi[ EI '''',11:,,,i)i,"1:'111,,r-ILIT'il-l-7---,..11 r lir , „.... co !I:. .,...2ta.`_ i„L'I.'..' ,,,,'-:'.....—_,-',1,,''' .........'.i-.7.,1...5. ...:..-j,i i,in 11 „!i!,v,,,,:c,r.!:', 1',1•;'-'41r,,,,t,!,;_411117^,!„..„; ;_!:_!!,....t!!-,:!_:"J,i,1 a,,i',,,I:..,-,.,m,.,,:,r.','. m r, iIiLIiiHiii: sms z� ®®O_-- ti w ! w_iiiflhlrili 1iiLH LTV. F ill : `', inn" '''''' Balt_.-i-I I 'r:ETPI: Lt,..t.-f't II acl 10 1 _ In ',.. t i 41'.' S' 1 '7 Os IDEIR .1,, - B 0 , III i • 1 :::. 'L , ....,_il, ` 1 p 0] t .. 3 • • Y z • 2 i • O. G N n • a • Y a O i • C • • CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda May 21,2002 SERVICE AREAIDIVISION: ITEM DESCRIPTION: Adopt Public Works Service Area Resolution to Petition Riley-Purgatory- ITEM NO.: Leslie Stovring Bluff Creek Watershed District for Round Through Eugene Dietz Lake Water Quality Improvement Project { (' '/� Requested Action Move to: Adopt Resolution to Petition the Riley-Purgatory-Bluff Creek Watershed District to Commit to Funding Three Round Lake Water Quality Improvement Projects Synopsis In 1999,Riley-Purgatory-Bluff Creek Watershed District (RPBCWD) submitted the Round Lake Use Attainability Analysis (UAA)prepared by Barr Engineering to the City. The UAA contained recommendations for improving water quality in Round Lake to achieve the intended uses of swimming and fishing. The City is currently conducting a water quality improvement study using a product developed by Greener Pastures(Clarify)as a substitute for the more costly alum treatment process proposed in the UAA. This study should be completed at the end of 2003 and recommendations for continued use of this product will be advanced at that time. However,other measures to address water quality concerns for Round Lake were proposed in the UAA. Staff recommends petitioning the Watershed District to provide a 50%match to complete the construction items in 2003 as part of the overall water quality improvement project. Background The purpose of the Round Lake Use Attainability Analysis(UAA)was to provide an assessment of the water quality of Round Lake, analyze the problems and provide alternative remedial measures that would result in the attainment of water quality sufficient to fully support swimming and sport fishing. • Watershed Conditions The watershed for Round Lake consists primarily of single family homes,paved roadways,school property and intermittent grasslands. The stormwater ponding system for the.lake's watershed is inadequate. Historical Water Quality The UAA included water quality analysis from 1972 through 1997 and indicated a significant degradation of the lake's water quality during that time. The water transparency declined from 3.2 meters in 1972 to 1.5 meters in 1997.' Total phosphorus concentrations (summer averages) had increased by approximately 50%. Summer algae blooms during the UAA analysis were found to have impaired recreational usage of the lake. Current Water Quality The 1997 total phosphorous concentration data indicated that the lake was eutrophic (poor water I Round Lake Water Quality Improvement Project May 21,2002 ,quality) during early summer and hypereutrophic(very poor water quality)during the middle and late summer. The data indicated that minimal recreational use impairment occurred during the early summer,but moderate to severe recreational use impairment(primarily swimming)occurred during the remaining portion of the summer. Water quality conditions in 2001 were significantly better than observed in 1997. The Trophic State Index(TSI)was 48,compared with 60 in 1997. A TSI of less than 57 is required for full support of recreational activities such as swimming. However, similar improvements were seen in other metropolitan lakes. This suggests that climatic conditions may have been a factor in the improved water quality. However,these results were sufficient to warrant continuing the study using Clarify in lieu of construction of an alum treatment facility. Recommended Actions All indications are that significant improvement to the water quality in Round Lake will take many years. The water quality in Round Lake now is marginal for swimming. Staff recommends that the following items be budgeted from the stormwater utility fee for 2003 to assist in the proposed water quality improvements. Petitioning the Watershed District to assist in completing the following actions is the recommended first step. 1. Upgrade existing runoff detention ponds — Three existing stormwater ponds do not meet NURP standards and need to be upgraded. It is estimated that this would result in a 13-17% reduction in annual phosphorus loading to the lake. The estimated cost is$96,000. 2. Add new runoff detention pond—One of the subwatersheds leading to the lake does not have a stormwater pond. It is estimated that addition of a NURP pond would result in a 5-8% reduction in annual phosphorus loading to the lake. The estimated cost is $30,000. 3. Fisheries management—The fishery population is imbalanced and contributing to the inability of the lake to naturally control phosphorus. The UAA recommends adding a fish feeding station to increase the size of the bluegills. In addition they recommend stocking the lake with northern pike to thin the bluegill population and to add a second fishing pier to increase fishing by residents. The estimated cost of this would be$30,000-$45,000 for 2003'with ongoing costs of approximately$.1,500 per year to feed the fish and stock the northern pike. The remaining items, aquatic weed management and goose population management, are currently being conducted by the City and would not be included in the petition request. If the Watershed District approves the petition, an agreement with specific cost provisions will be developed for final approval by City Council at a later date. Staff recommends adoption of the attached resolution. CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2002- RESOLUTION RELATING TO THE ROUND LAKE WATER QUALITY IMPROVEMENT PROJECT WHEREAS,Round Lake is an important feature within the City of Eden Prairie; and WHEREAS,the City Council declares it commitment to water quality improvement within Round Lake; and WHEREAS,there is a documented relationship between deteriorating water quality within Round Lake and the current stormwater ponding system; and WHEREAS,the City of Eden Prairie has determined that improvements to the stormwater treatment system and fishery habitat are required to fully realize the recreational potential of the lake. NOW,THEREFORE,BE IT RESOLVED,the City Council has determined to complete those items recommended within the Round Lake Use Attainability Analysis to improve the quality of stormwater runoff entering Round Lake as well as the quality of the fishery habitat,including: • Upgrade of three existing stormwater ponds that do not meet NURP standards. • Addition of one new runoff detention pond. • Addition of a fish feeding station to increase the size of the bluegills. • Stocking the lake with northern pike to thin the bluegill population • Addition of a second fishing pier to increase fishing by residents. BE IT FURTHER RESOLVED,the City Council does request that the Riley-Purgatory- Bluff Creek Watershed District participate in funding these activities with a cost share of 50%. ADOPTED by the Eden Prairie City Council May 21, 2002. • Nancy Tyra-Lukens,Mayor SEAL ATTEST: Kathleen A.Porta, City Clerk CITY COUNCIL AGENDA DATE:May 21,2002 SECTION: Consent Calendar SERVICE AREA/DIVISION: ITEM DESCRIPTION: Rejects Bid for ITEM NO: Parks and Recreation Purchase and Removal Bid of House at 18700 Robert A. Lambert Director Flying Cloud Drive V I I • A!. Requested Action • Move to: Reject the bid for the purchase and removal of the house from the Richard T. Anderson Conservation Area and authorize staff to advertise for bids to purchase and remove the house as soon as possible. Synopsis The City only received one bid for the purchase of and removal of the buildings located at 18700 Flying Cloud Drive (the Richard T. Anderson Conservation Area). The bid amount was for $2,501; however, the bidder failed to accompany the bid by a minimum bid security of either a certified check, cashier's check or money order in the amount of$1,000. A certified check in the amount of $1.00 was made out to the City of Eden Prairie and an additional certified check made out in the amount $2,500 was made payable to the Eden Prairie Historical Society, a non-profit organization that has no direct connection to the City of Eden Prairie. The City Attorney has advised City staff that the Council has no alternative other than to reject this bid under these circumstances. Background Mr. Peterson's intent was to purchase the building for $1.00 and donate $2,500 to the Eden Prairie Historical Society; however, State law is very specific regarding the process municipalities must follow in order to dispose of public property. The bid specifications were very clear regarding the instructions to bidders and the City received no bids that followed those instructions. City staff would recommend re-bidding the sale and removal of the buildings located at 18700 Flying Cloud Drive. Staff estimates the Council will be able to award the bid at the June 18 Council meeting. I 6. BID ACCEPTANCE: The contract shall be awarded to the highest responsible bidder. The Eden Prairie City Council,however,reserves the right to reject any or all bids and to waive informalities herein. Any sale transferor conveyance of the dwellings, buildings, house, garage, etc., by the successful bidder to a third party does not remove the obligation of the successful bidder in fulfilling his obligations in the specifications. Upon acceptance of the bid by the Eden Prairie City Council, the City relinquishes all right and title to the buildings to be removed by the bidder, to the successful bidder, and the successful bidder shall be entitled to all materials in the building and structures so removed. Any piping, conduits, cables and other equipment belonging to public service companies or others shall not become the property of the bidder unless,abandoned by the various companies or persons owning or controlling same. 7. INSTRUCTIONS TO BIDDERS: 7.1 The attached affidavit must be completed and returned with the proposal form. Failure to include said affidavit shall result in rejection of bid. 7.2 All bids under $1,000 shall be accompanied by a bid security for the total amount of the bid for said building or structure. All bids over $1,000 and under $10,000 shall be accompanied by a bid security of$1,000. Any bids over$10,000 must be accompanied by a bid security of 10%of the bid amount. Full payment will be required within two (2) weeks of bid acceptance. Bid security shall be in the form of a certified check, cashier's check or money order, (cash not acceptable), payable to the Finance Director, City of N Eden Prairie or a bid bond by a surety acceptable to the City. If upon acceptance of the `` bid by written notice to the successful bidder, said bidder declines to accept or carry out his bid, the money deposited as represented by a certified check, cashier's check or money order, accompanying the proposal, shall be forfeited to the City of Eden Prairie, not as a penalty,but as liquidated damages sustained as a result of such failure. 7.3 The successful bidder shall supply payment and performance bond with sureties satisfactory to the City of Eden Prairie, or a certified check, for the full amount of the bid . within five(5)days following written notice of acceptance of the bid. 7.4 Bid security posted by unsuccessful bidders shall be returned as soon as the bid has been awarded by the Eden Prairie City Council. 8. IMPORTANT: The following items shall be reported to the City of Eden Prairie: 8.1 The successful bidder must present evidence relating to the satisfactory termination of all utility connections prior to the removal of the structure, as well as evidence relating to adequate levels of insurance as outlined in the specifications prior to any work being performed on the Premises. CITY OF EDEN PRAIRIE 8080 MITCHELL ROAD EDEN PRAIRIE,MINNESOTA - STRUCTURE PURCHASE AND REMOVAL PROPOSAL FORM - TO BE OPENED 2:00 P.M.,TUESDAY,MAY 14,2002 - PROPOSAL OF •- P_ue r ADDRESS / ?PO f7/(y�'�t ( /9 u.. 4—. CITY:r-eLdilJ�i� �.d �'-i e ST TE / % t ZIP Jam. 4 7 `. • TELEPHONE: H c >Z ` ?3 7 i 'i �-- For the purchase and removal of structure in accordance with the attached specifications: DESCRIPTION BID AMOUNT 18700 Flying Cloud Drive $ ,!' `ter Eden Prairie,MN-55344 STRUCTURE TO BE REMOVED AS FOLLOWS: • House guaranteed off site by September 27,2002. . A certified check or money order in the amount of$ /— ,payable to the Finance Director, City of Eden Prairie accompanies this proposale..'t C. 't .7'69 ekcAL 0_471 p..._"0/2- c-- -, &- C• 'tie.. 5 / tcc -/ S� •r;.-gY - f Marquette Bank N 28: 4Rogers Drive i351 , ' Y9v.}? T,'s 2000• • Rogers.:MN`55374 724TE - (�; ''-3E;'ER.•FETER;�.O t,�• • :.75.1664l910' . EC�EP PFA%I?.IE' HI:3T��•I HL_SOS ETf .. '` .' •:'' • y. PAY TO.THE ORDER OP _ :: . D • EX, ;L : : -!}^�•;.4 tl- • .• THIS DOCUMENT HASH MICRO-PRINTSIGN/QURE HNE,AUTHENTIC WATERMARK,AND CfiJAROSTAIN PAPER;ABSENCE OF TH•• FEATU WILL INDICATE A COPY ••• • CASHIER'S C H E C'K . ii' 22L3228ii'+1:09LOL664 ?I: 2L00605L ?Oii' O DELUXE SLATE• �f'•��..�.+.. ---_.�._----_-.- _.-'..r___.-..�—,..--.-_- __....._--+..-- -_. �.+_ .. •. t_•v_-� .,+.+.-+.. •a_4Y�•i,+';.�:.. 'jam- '•',t • • •: :.. �c . . . A Marquette Bank, B . 0.2200• . . 13514Rogers Drive •• • OAT : : .fiak ••1 ....! ]Oi' ' ' Rogers;:MN 55374 • • : ,. •:3,E's"`EIS.•PE1"ERWOC • ,75-1�84/910. .'.r]td ttULE: C IPECTaR R •I.:, `t F -E Erx P IrP�yA� `' -•• • ww•I ��yy yy.. . • ' PAY T!J THE ARDER OF _ ` ";.•;�+�ci e • 'THIS DOCUMENT HAS A MICRO•PRINTSIGNATURE UNE,.AUTHENTIC WATE,RMARK,AND'CIjLOROSTAIN PAPER;ABSENCE.OFTH E FEATUR WILLINDICATE A CQPY •.. . •1 AS.H_1 ER S.:CH EC'K - • : ii' 2 2 L3 2000+1:09 LO L664 ?i: 2 L00605 L ?Oii' EELIUE ELATE • • • CITY COUNCIL AGENDA DATE: May 15,2002 SECTION: Consent Calendar SERVICE AREA/DIVISION: ITEM DESCRIPTION: Mid-Mount Aerial ITEM NO.: Public Safety Platform fire Truck. Change Order Jim Clark V 0 • Requested Action Move to: Approve Change Order No. 125137 for modifications to New Mid-Mount Aerial Platform fire truck. Synopsis In December 2001 the City Council approved the purchase of a mid-mount aerial platform fire truck from the low bidder, E-One in the amount of $663,150.00. This vehicle replaces a 1978 mid-mount aerial platform fire truck. During the pre-build construction meetings held with E- One several important features were identified as needing modifications or additions. The cost of these changes is outlined on change order no. 125137 will be$8814.00 Attachments Change Order No. 125137 Mai 15 02 01:03p Metro Fire I7631 767-7253 p.2 I 7 .d .. O t•-• ,--•• -,.i s 1 II •, : , il :7:,_„------ El Ico I I :v, Iv, �rn 1...i..",......; . , . . , ut, 4_,. .t . :: � � ; �`o o . w w ry � J to „.„... :4 Io ? o l0 1 to3 C, �o. to ' to >_ ..., :, 4 ' 1 n f) . • , 1.,. 11. .. ,_, CD a:w 1n -p'Z , O4 ,. :O' V) ty ry r _4. -, ." -0 =4'i`c3 <r p G i N O fa O - :-dam p :� (f4 r>• -s O Al R O o Q. w 'd;� �-E O �o CD rr FN W u s :n' �' flU I^i ,5. o vi �� CD A O' o� o 4 4 o x r0 lZhY ;k co . y v, i Cil r CO , (10 ' ::I, , , , LA ,�co j flIi i y .. .. 1 1.11 � :�,,... --a ' _;to ihltlt 0 -p r I E:� y 1 ON G . M O o 1 1 v..-1 CITY COUNCIL AGENDA DATE: 05/21/02 SECTION: Public Hearings SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development Donald R.Uram Stonegate v 1 I ( A Scott A.Kipp Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for Planned Unit Development Concept Review on 28.82 acres; and • Approve 1st Reading of the Ordinance for Planned Unit Development District Review on 28.82 acres and Zoning District Change from Rural to R1-13.5 on 26.62 acres; and • Adopt the Resolution for Preliminary Plat on 28.82 acres into 45 lots, one outlot; and • Direct Staff to prepare a Developer's Agreement incorporating Staff and Board recommendations and Council conditions. Synopsis This project is for a 45 lot single-family development south of Pioneer Trail and west of Stable Path. Community Planning Board Recommendation The Community Planning Board first reviewed the project at its April 22, 2002 meeting. The Board continued discussion on the location of proposed Street E. Street E is a public road access to the Carlson property to the north. A wetland delineation was needed to help determine the location of Street E. The Community Planning Board reviewed the wetland delineation and Street E location at the May 13, 2002 meeting. The Board approved the final location of Street E and voted 9-0 to recommend approval of the project to the City Council. Background Information The development will require the following waivers through the PUD. • Rural lot size of 2 acres and an average lot width of 230 feet for Lot 1, Block 6. Code requires 10 acres and 300 feet,respectively. This lot has an existing house that will remain with direct access to Pioneer Trail. Rezoning will take place upon future development of the property. • Front yard setbacks of 25 feet for Lots 7-10, Block 1, Lots 7-8, Block 4, and Lot 21, Block 1. Code requires 30 feet. I City Council Public Hearing—Stonegate May 21,2002 This flexibility will provide additional distance from the significant trees to help limit overall tree loss. For Lot 21, Block 1(a corner lot), the flexibility will provide a more reasonable building pad adjacent to the wetland. The wider 66-foot right of way of Stable Path along Lot 21 will provide a greater distance to the road. • Alternative wetland buffer of 15 feet for Lots 20-21, Block 1. Code requires a 25-foot wetland buffer. This flexibility will provide more reasonable house pads for these two lots, which share the existing wetland. The April 19, 2002 staff report indicated 44% significant tree loss and that efforts to reduce tree loss should take place. Prior to the Community Planning Board meeting, the developer and city staff reviewed a revised plan that lowered tree loss to 38% tree loss. This was presented to the Community Planning Board. Pioneer Trail road improvements are necessary for an eastbound right-turn lane onto Street B, and sight line improvements along Pioneer Trail east of the intersection. The plans show the proposed turn lane and a sight line analysis for Pioneer Trail. Sight line improvements will need to take place before Hennepin County will permit access to Pioneer Trail. The plans have been revised according to the Staff Report. The proponent eliminated one lot to accommodate larger lots. Attachments 1. Resolution for PUD Concept Review 2. Resolution for Preliminary Plat 3. Staff Reports dated April 19, 2002 and May 10, 2002 2 STONEGATE CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2002- A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF STONEGATE FOR CARLSTON 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 the Stonegate PUD Concept by Carlston Inc., and considered their request for approval of the PUD Concept plan and recommended approval of the request to the City Council; and WHEREAS,the City Council did consider the request on May 21,2002. NOW,THEREFORE,BE IT RESOLVED by the City Council of Eden Prairie,Minnesota, as follows: 1. Stonegate, 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 May 17,2002. 3. That the PUD Concept meets the recommendations of the Community Planning Board dated May 13, 2002. ADOPTED by the City Council of the City of Eden Prairie this 21st day of May, 2002. Nancy Tyra-Lukens,Mayor Kathleen A.Porta, City Clerk EXHIBIT A PUD Concept-Stonegate Legal Description: The North 300.00 feet of the Northwest Quarter of the Northeast Quarter of Section 30,Township 116, Range 22, Hennepin County, Minnesota, lying easterly of the West 284.00 feet thereof, EXCEPT road. The West 284.00 feet of the North 300.00 feet of the Northwest Quarter of the Northeast Quarter of Section 30, Township 116, Range 22, Hennepin County,Minnesota, ALSO that part of the West 535.00 feet of said Northwest Quarter of the Northeast Quarter lying south of the North 300.00 thereof and lying north of a line run from a point on the east line of said West 535.00 a distance of 900.00 feet south from the north line of said Section 30 to a point on the west line of said West 535.00 a distance of 1075.00 feet south from the northwest corner of said Northwest Quarter of the Northeast Quarter, EXCEPT road. That part of the South 300.00 feet of the North 600.00 feet of the Northwest Quarter of the Northeast Quarter of Section 30,Township 116,Range 22 lying east of the West 535.00 feet thereof,EXCEPT road. That part of the Northwest Quarter of the Northeast Quarter of Section 30,Township 116,Range 22, Hennepin County, Minnesota, lying south of a line described as follows: Beginning at a point on the west line of said Northwest Quarter of the Northeast Quarter a distance of 1075.00 feet south from the northwest corner thereof; thence northeasterly to a point on the south line of the North 900.00 feet of said Northwest Quarter of the Northeast Quarter a distance of 535.00 feet east from the west line thereof; thence east along the south line of said North 900.00 feet to the east line thereof and there ending, EXCEPT road. That part of Government Lot 1, Section 30,Township 116,Range 22,Hennepin County,Minnesota and that part of Tract A,REGISTERED LAND SURVEY NO. 1410,files of the Registrar of Titles, said Hennepin County,Minnesota, described as follows: Beginning at the intersection of the east line of said Government Lot 1 and the north line of Tract B, said REGISTERED LAND SURVEY NO. 1410;thence west along said north line a distance of 271.50 feet;thence north at a right angle a distance of 220.00 feet;thence west at a right angle 90.00 feet;thence north at a right angle and parallel with and 15.00 feet west of the east line of said Tract A to the south line of County Highway No. 1;thence northeasterly along southerly right of way of highway to the east line of Government Lot No. 1;thence south to the point of beginning. STONEGATE CITY OF EDEN PRAIRIE HENNEPIN COUNTY,NIINNESOTA RESOLUTION NO. 2002- RESOLUTION APPROVING THE PRELIMINARY PLAT OF STONEGATE FOR CARLSTON INC. BE IT RESOLVED,by the Eden Prairie City Council as follows: That the preliminary plat of Stonegate for Carlston Inc.dated May 17,2002,and consisting of 28.82 acres into 45 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 21st day of May,2002. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen A.Porta, City Clerk 5- STAFF REPORT TO: Community Planning Board FROM: Scott A.Kipp, Senior Planner THROUGH: Michael D.Franzen, City Planner DATE: April 19,2002 SUBJECT: Stonegate APPLICANT: Carlston,Inc. OWNER: Steve and Pam Olsen, Dan Horsfall, Corwin and Mary Davidson, Dellora Coleman LOCATION: South of Pioneer Trail,west of Stable Path REQUEST: 1. Planned Unit Development Concept Review on 28.82 acres 2. Planned Unit Development District Review with waivers on 28.82 acres 3. Zoning District Change from Rural to R1-13.5 on 26.62 acres 4. Preliminary Plat on 28.82 acres into 46 lots and 1 outlot. Area Location t Map ,_. ... _ Stonegate .. . ...,......,.„...__ _ .,.„..,....._.,,,,_,,_,..„ :,...--:,:„...,„_..-.,..,-..,„_,,,..„-„,-..„,,,,,-,,......-„,.. 41,;•A-ect'' '';-41:14:1',-'-i- -_-e--_, -_,!--1".1 -1' -'11";-''''rttiz-r--Wifr';--77,-"- -;'e7-1--.;' _- :!'-'z.-it:•72--'it'•,-t-1;-r'-=-'1,--'',1,1t7,71V,-4.41;..'t.•t-3, 4:•••,r,,,- T.,•-,:-`-_-•.14,1-i-'i th'-4- 'It"` ,-7-,.-..a‘-...e::::0- --,....,---.„,,,If..-41,,,--"'-7.:-A'rt. --4' -.;.,..4:4-',.41,k._,..4..---. 1-41,t.., 'A•,,--yr-,-1' -Vitt-tg=V';',......1.1:n.-,s,„,,r4.....1..-ka.44;- ,......e ..."_-,_..*: .±-1•___-.4T1:4,A1„9:•,-.4 ,,,q•••'„-i.:?..,...e•-•-•Zr_,:2-7 ,V. 7.",:.•,•''" -='•:::-- •'•.:--rfj-'•":•r:4::".-'''''- :-T• •=.:•;', -,1,.....--,.•!--ivl,,:•:',17,-,:litl-....•-r.--4,:..:":.-••;•:4;--,••:- .Tall• r•iir:'• r.C1:..'••:.4.1•18.3t.4--'--Viri :'•'••--.472-.461:":1-''''•'''•4-Ni't-7---V :--v5,71.---737-1:--'-',:14 E.;'''1'...'---;1•:''.:.,..-''::-----.-:' '.:-.-:-'-.1f,-1:-:-1.'...p_--;•:,..--s•kir,11r, ,,, AV.,..r42rtl- .1. ,-t317-'.7.1-,;-',4''..1.f.-i.-...:f-,--,4, 1 '-;"-.'r,'-'23,1•,-Irr '',1,:c-I4.-.,:,i7' ._,::!;.:-:..11-:;,!.$4:- •r-..'_:::2,,.:. :-.,:,...,?,??.-,-'-..'..: _1:•".f. . •,,..,. . .,/ ,!:„..,":.,',',23; :--. 7,%,....,tg...,,7."_:. • --.--;"1..-. t•---Itt.4.--,-,-1-4:-L7---,A.-. t :,r „....,,,..-„,,,.=;-.3,.....,, ‘..„,--,..4,-,„-r.-T...,..‹..-',..e.-4=4-,..1 •kr- tr,:rztt-t5-. e..t.4t7-%-•• ts, :.,.: - -.•-•'1--.....• --, •.,'.'., „ -•tr.„,,,r,,,,:of ---,,.."-,,--.--*....-_-..;:.:ttr, 'T-1-.f.71-'f-----... 11--e•-'17iF;ti i 4 ' -'.-T?"-----...1(.--4.= . F-'1,.t- ' "".-'.."1,,.;:,,--t• .•.'.,t.--::-:--.- ----''' : .",1--"2:7-r - .-4-- -,- ._-4,-::7•-7,- ,,..:_---, ,--4') :----..--:• 19 (r,...r,-,.-.-„,-;',.(„....-,•••:,---P-4-.,,,,,,, •-• . - ,:.,'...... -..,... .. . .,• .--: _---...--__•-- - .: ••••-•,,.--,:-.!•-••• ,..., -,--....--A- tqt -'.`,.,-;-1`4*1''tr.- 11.rt.---_, IS '•- 4.t .-.7 ..; LL,Z •• .>;,-;.-:'...-_--' iir•-••-•-• -•`:,,.t-.-..-,.-el---•-,..-•__, •••.<1;:•'•-11':A4,-,t- tt ,...--,-: ''."•-•''''-':--.7:,•":4::'-':;:e,:-••:.•'-' .."1::::::-•:.-."•-14.•-*f. -- .---,..14`-!":-.r.t " 1.--,• -- -'-1i'. .•-,•••`--"..- - 4, 1111:11---,,-'...1-.;• 4'.' -.---ii. '''•--•.". ,r-.--4.`, ---.t.'--.tyr-,.. ,t'itt• • tt-,,,_ -,-...4, --____,-------1-•. ; c --- .: tt-',•-' 1-7,-.4„-.,.,.--tt---.....,..•,.'r..-- ----tt.-,":,-,,xt T., 1•11'17.7--:?..t5.111. t44-'- --,-;1-1% .1-721.:,:-;- •.""..-.4' -.„-:-•:4,.-+_--71.•::t•i-t4 ''i1,3 ul',. ‘,....-t,s, !_,S'..,--,r7:1-;;!s:4' t-:-':,='-•fs':'i'17'-'=, ''-'----'f...• .'''..j•-•i'-' ---,4.. 2•••la3:7-7: -1,,,'`.1.V0, ,4.-.1'.1"--17.,771,1'.... .-',_;_7 '..4..f.,-',:.",- - :_„- .",;.-,r ..,,..-i-•-•-!1-14411,;7,: .-. .e.1- ,-i•L;,.'1:- t,:i4 ''::.%;":-12 ' 32-;it:I. :- 4 : 11:.- :-.:---- 7 T.'. -fl,_.1.4- :'\t'* ':1,7::,-.;,:.:.f.i`:•,:''' ..t. 1 :2i:----'s- -.1.:kr,', .3 ,.1.;.' •%.--..-t'-:!-T.T-J.-' -• - ''''''F.. 7•4,'.. -,4. 4#--411.1 11i---':1: q'i::'•=.- ,.-.1-' .r,t'::!-..-.!•,.i :..-:t,-, yj.:•;'2.-.: * _. ••'...i'.:,t:'",---::-I,,- 1.-..,7,.y",: ,"' ,.:-'-,; •1-,..,',7:JP' ',...-1.1i '1-,,--1 -,77, lit-Lott 1 ••11 •,...tt •.4.1,:_ti:r- 4,1t•'4...t -••:,.-..t.t.",,;(•x--e .;:•. ,,.-• .7. .i-1.-. •........-=•;;;.,wa..4„.-144...a..,,,.iisi:.-1,-1-..g.1..t,iatizi -....- -.2,.;-3•,f -••-• ,,„.....•,•,„J„,....-.,-- , .,,,,•,_ -...1,....k.,,,,,,t,. • ..-•-• ,...,-, -.--..-•'.,-,-- '-'f.7,----1 tf'-.P.:'il I', ' :''''.:"-'':,.-,'"-e4t'l'r::,--, Sir, -,-`4-- ; -71-•'''' -1: :'''f:.-7=:-''.'': :.• ,,.: ,-,,_ .'t.''',,..i';',3 ->li,A p•-,,, -.;';i,....;-'J.'..T.:7.7i..r,t-,-,..ki 7..-,,- .. 1,... -,-,;', 1.-.......0........'- ,,T.....t, ..•.1,•.. , ,,•.,•;'',..--:' - ".t.- :- --•':.,",•:'-.Z - ""i*:71-w,,f-?.',/ •:-.;.;"-.if'. 1,-..'.:;,....,;...,:-,'.4 -..1 --•tt ttrt."0-t•': t ttt..•.,--rt ---4,71 ." .._t`,. ••;';tt'' !.- :t •-;•-e. i.",r-t.-,-,•73,A-141-:'-ir.it*.1;:-•••-2.3'"•J'i 1' t `, I, -'.•-T1.:".1,...•t•`.-• -;.-.- -,...;,..r, ..--; - '.4'It:- -- ,',-. _...,--'-- .,,,,,...-..71f ..;:;....i•1...151. ::::::,-::•Ar'::-.1-0•N. iVii'.E.'" ,.;',..':,;,..',.:,:ijc' '1. .kJk:!.'1,.;',.:-:-•:-:, .,-.:•":1.....t''' ' -,11-':',_.-7.-,,,,:::::,,::::!-.,. !' ':..L.:,:_ ------ _,,,z.,,;:::,.,...:,..., ,.....;.::•-, '.,-..-;,,,t--:-.7.--,.-f-fizoi,... ' ..,....1,-.., - •, ,•,,,,i, ., 1rit:1-'-'--?-,^;---.-t •• '-, TV; t;,,„r,,..t! '11)' ''S''!I,;, .1 '.V,`,-7--,g14,1,f-,,i,i--'- 11,ct, ,*-T.,-, 1frrl[1.1 .,''''''-- ...4••••,7-: ;:::'.:*.i:;',...i'l-,.1 1.1 ip.,„„.?,j,!::, ,._.,..,,,Jr ,*.i,s',?: ,,,Ii4i-, ' ul,e,,,1_0, .r.c--,.,-' - 1 .,..,..... ,I. 1.;.1,qtrirjr,,j, -.71,1viii- 'clo..p., ,,,,a.Z,,,:iw,.,.!,-,:,!,,,,•,-..„ ..„,,., --1-„';:::-..-_,,.1.,,,,,••,----- -•.- ;,••••-' ---i,,,--,,,-eq- _.,..._-.7..1 ••-'..._ 0- .,....,„,,,-,,-.07,..,:•,,..4......, _ ..,4;;;.,,',r••••:,1 ..,,t-..._„...„1.,,,,, ,,,.----ir"n1 . ,---14 ',:41'.;,01.F.t4;5.--4-7;F.,....'•'-' ::,1Z1.4,''.1,1.a. •••^1•„:1'"• -.--,-1,.. .„ .-... .-: ,•-.11.1 ,..r ''..fli-k-iii,':.'ilt,'-it's-ilV•"•,11;441'.1:t4-.1-iict, •-"-ti...7----X.1-.7'4"' ..,,,',,,' -.- .1:',,',.•••••16 --4t. ttt,r•-••,ti.t.t.Itt!4, f',!it„ ,,. ,;,i tt 4 tt; tti, '.••• nl..,;-,,,, ...,,,,,,,,, -1.,2,1:.-, ,,..,p..--,,,•.:',......4-, ..t•.:,...te,..,-11,.,-, ---•,.'1',..! ---...!-;:li -.--,1-,....gtii-losx! ,y03.'2',.., --•fit,•,: •-''''''Ctl•r'''.41,7,1:4A.15,1:;''','lit'ttet C-.,-..;',42,.)- ,,. ,- .,„.„.,,,,,,,,,,,, , ...... -...•:-.... ,...,....4-f , , .- ; ---.r;.,.1 -r,zr;j-i t.2.-;•r-,,tit-- L•-': Ics D.,; ••.,-7•,:it'"-, -•. • .441•W'? s'-'1424'-r,t,11:41,.i1Ps!''',4t3?-"'•;1-',14--401.1.,p1,1., ..,,,,:15,:'1..:4-..,4,- !t .t ---t- . . '• .t.t. -'" -1 1 - -...'4 . ''.•,--:T..r. '1.‘'...,. ...4:.'.7.'!'.:'"4"....-.t.'.:44.1-4...411,... . 4t4." 1,,..N.-',.. .;:t.....:.", ' !: .,.:'''-i.:nr ''fiekil:.''''Al.P 1 . . i . ••,, ' . .-!!' i1-•?;-:•• •4:: 4g,:-1 .‘ ' . • . -. , r•=4-:54-it .11-_, it',,,,r.',,, ,,-,,.,,,:T...iii,, -.1 •,--1-7-•• st,- , • . • • • •1, • ,,,,,-:-r-..,;•.e..L ,,, ' ;, .0-... •'2.-.1...t.,11,-,1-•• ;,-1,'•.'';'], , ..-•, T.--.1.:, • .,• , • • , , . • . -4.4,-.:.,.•- ,...4., , , 11....i, i...• -.. .,--... ...i. ,,,,: •', • ...0.1 •, ,,,.-',. ,..--. ;•1.1,, ,-.- y.1:,-?•,,-,..1.0?,}-4-t;i ' . • . •----.1. 1-','0-,-,- ' '!.,•.-••••., , :• 4tt•01:7,., ,...,,,...,.,,L, -;••de...,21. ,,: . ,„:---.---7 •..,,,,,, „,.,i,r.,.- i,-- . ,,--,J Ir.,-,-.•••-- f,., '‘r-,!.-:' ,-, - .I 1:-...:..'4) ,', ',11r:•-• --4,1.-4,•".t.:'''1'4.•; ;14' ' '' 1 ' - . -—•,— F ' ',. '-; , •r'..--:,.., i . - • .,,-.. ,-..._{-_,;.. ,. .,,- i... ,, , , .t, --,1,..v.„.1.-.7.,_ • i'.-,,-,1 1 1-- --.,,,_, ti...-;. , - • ' -,-., .. ,.,. ,-..- 1 ,,,.- t- '.I h ,, r;•,,,' i,,., .,..,1.,_,....., ,1,.,„ ,,,..1' .',.0''1.'7"10'4'::;.',.. r--• '' - • ,L'' ' 1 ,..., .."".T ' `, f•- ' ..,' -,•'-‘ - ,l' 44'''I ''*... .-,. 1;. 4.'''4'4 -' .....,,,, ,„,..,„....., ' 7411-:',44-..7774..., '.•,,.,.„11.,,•:•,.'‘,,,,,-1 ,.., •-. • . • ., t ,• .•,... .,. ,, ,..-..-;. ., .,..: .,-, __, ;, ... ,;,,, -• -,.., .4-,,,,,„•.,„-,:t -1-•••1•-•••4-7-•- •,,,' , - ' ' 1.. -. •• ' . .',4,I. t-1_, _ ,...L!, it ;•::-.1,•,..7, ,.• -/ . , - •.•,.! -....:„?-4, r-,tii,-'''4:4 '1/44—.4,1 .'ft- • ....., t _ — ...j I .. ., • 14,,tt/.1.t,..' ',-, .1.I I ',II' it','-'',1'.'.'' 141'4L'' 4.s' it t 't I .e.,,,ir - , i k o .. ' .-r t" • .q.411,tt'.11;;P.-tr,..-4,:•tr,t',Iti 41 1 1','; trt: t '1,,,,1''Ai.•,,t'0},--',47--,"..`„IV ,,1 ',.',..1-'1,:ri', ,.1.-.. ..i ,i!,,.:41/4T•t' 4.,"'":1':-F.'"t,1"411,,,t,c-..t.,.17.,,,,...2.I.L.,..-,1,•t,. - „ ,,• .:t. , ,-... ,'-',•,,,,-,,I, ti4Z-p, '+'.4 ''; ",1 ' -' - •:..r - I,.l'-'4...••.'...',',.." ,,,a...:;...,-,k.:.. 1 .4.-.V` ' • IA.• , :•.•' %. ,,,* •Iii'4c;f1J5',;.!•: •,',, ,...,..." '. . . = . .....„ , .t... - ,'. .4,-, -„-.... •+1, .,r. .....t.._al ,,,_t • -,;.-,Zv.- t.'.44.'ijj-1.?;----:,.;if,","!,, a .-......, ! . --,...,--;----4- -r'Z''-'77,77,77 --..- ''''''$i.407--F-- 1-4 . ' '',--' „TI.----.1---7,7=-1, .''',. ' ... . .1, , ...'„«.'J,-=', .. ,h ' •-,)--,-.,:,'',,:.. , .q-, F.,,-.1.,.. ..4-,, ..? • ,fr--I .'-- -.'` ' 7.. :-.l',.:: L , : il''`, "V, ,-, .q.,,..4,-'i..,,-.-- :,..,;•%••."- 1 '.,- .'''' -..-•'''''• '''-'.'..'.- -,' ' '' : ''..,'-.-`.7-.T. 91 /4...4';T-',4*,?';*:- ;1:'''''':.' --,;t_.•-t, ;' '-.11,'1 11• ' 11''t.,, t-:-.1,-.• -.. '-' ' 't t_ •'t • ''; fi .1 1,-, ..:-- ' •••'s.; • :' 1'',,1^114-t-t. :-,--; t ...,',4-f, ''.11`. ' ' ll ,' 11 . '1: ,',. .ii t.7- 4 't ; , ' t.'•: I.1.,' =',..:'.-: ' ..-''t •:1 • '.`0.;''..&•••'?,4442.:, :',?,..'' r't- t't,•, •,„tt ... • . '1.tt• t 11,• - It t"',•••''i ' 1.. t'2 1 ' ' ' -.1 r 1-'te 't-,.; :,' t''',,e':,'``:til"tei,),.1 ', : ,-'.. ••''',14--1.t.t•t-tt.' ,,:s %'..it,'1,t.r,.; ;•-tr-, ' -t',“1.tt- ' _ i-' 11 , ,-...- •- •.,: '-'.*,.,, ..- - L •,,t•';',' • ', .,, ...•.,. ..,:., '. - .i, ,1,,, , ,, ,,,•:,...:,;,,,,.,-,,-, ,I,„ ,- :...1„.,- ... e,,,,.,I.,.-ltz,-- .":.,'' ,, , ' ' --. t, t ,':t,...' .'i ! ,''', ,•i' 1 L.:"'--''';'":'.l'''"Vi:i'"t ,•,,:,),,,,'',,',.';;:s:,,,,. -ti,,'''<':.,t6t4i4,'....: 1,..1•1 ,..,,.. ..,, s 1,,,';:i,"''' .....,41., •,;., •• _,,,•;t.,......f,„4.,...,‘-• I ...1;4'4.,...1:'.!f.f.;::,t,... t4', ''''' ' 4"-'4 "4, ` II 'F.'4:4'715r4't,4,;',...; '4,'.1.''.4';i-t-.-7:47:ftt.7.'4'il,.L.'tfilt;_ •-•:', ,,,,it' t-j:1E.::.k.f.'-'`.4.7Z.Zi7-4. 7.7"'1.7 4 . , ..'.. . - - ''''. 'It:,.-'. .-: '' '' ' ''' ::..,'‘.; F:ir.C".!..... .i2....i.'i. ...-4 41';'- •''''''''-t.'.-7,J ...:::.- „,.. tt4,':4t'::..,.,„' 4 4.:'...'."'7..1,..„.„.-.....ti",,, ....„.. .':,..,(,,, ,... 4, t-.,.. , „. „4 .,..s.:'. ..--:,'''''i).i ,.„: . ,.....-•. •.' .h. k „,...?„....,,,::-:7 1,,..,;1'.. • ,*, :- t ,.2';- -.. A,I..,V.,- _ .`-'7, --,..1.-:. .-,-p,, ./...!'•:., ',.',.,--•• ,...,' •, :..,•:-.. - • ' - i' -:- " ' , ‘---: z 7 .&.:!":-',U*-:'.!' S'.:-!-,';1::: ''-'•';,-;'It i••:11A--..---:1;-1--i"-..;.:4- ". .:''' :-' 1 '-'7,ff-Jr_t7 :', ' ,. . ' - 1,.: .. ,,,:i ' .':,1't -::**2;,,,• /jct.,........2. -4, :.. ..'; •'.....-.:;:-!,/;'',- .:-. :f i.z.C.'L L'Zi-- - .1 ..' ,'.- :.-l'-:•,' ---":!- 't --'`tte,•- '''="--,. „:7:-,-*-.L.:,!",,':f..-t•It',-, -"1', 2 ''''•-'7'.2:._:-1:;', i771-- -';• --,---------Tit • ' ...,,• -'. , --.•••*7.;.' - *.- :4--\ /4-'-',•*-.- -:'.:: li__ y,,,,,,:,, - .,.i_,•-;,.•.1,,,,.1 _ • .„,-• ..i.--- ....,: ., -' • , • -,:' . - -' _. 1 -:_, .. , , , _ ....,_,_ .:.,'..,--• •:. •.--, . - :•. .!, ,;-. - - ,, 1. • q ..,...,---f-As 1 .ii"--: (,•:..-,, ,,,.---4 r.-,-• ,, • _ . ..-, .•• ...- .- _.• ;•iy--... ••...--,;,..--. -- , • --- -- -- ,-----..,--7- t. I i1/41,,.k:...--L,..-I,.••• .. ' ":“ "- - :-;'-'- •i--. '. -.•'•-•f--:. -7. &**+• ' - ...- =, _''-'-.1 ..--'' . . -- - :',. - ' - .-- ': ' „, - '-:-'.. ' --, • ,' -'', -.-....4 ''.i. *.,4-:.;;;-_,::,,i•1 :',- ,,-- ;--,';'''':.. , , • , ,---- ....-- . . - ' , .- , ,..: •I„-._ 7 - .-F:--;-.17-7.-. i ill...1.'fr?+;=,,-.--•' '" ; -.'-,,,"-,-. .- ,' _ - ;1, ,; '.- ' -'-' _ , : . • - . _,. - ,. - . -. 1-' - :. fi.,- ,--,,..-=7. --47.---? :--,-; •„,-.' ,.• .i..::,.'. , :. - : .- ,••.-.; , - ,-• :- :'. . • ., ' ..,-.... . ..---..,... ,,,;•., -,,ti ......-, ,v., ;-.. .:-L.-,'....-,:' - ...--------- '.. _• --',..::: ---. .--. , .• . . • • •" -• :... ,:,, ...2-1--7.- ,_ 4-, '-'-- t''i -...,"' - :1-..1•-•'-`. --'''- tr--1,1.'t- •1.-: -..'... :- 1 "1'.., ."- • . - -r-"-,•_ -, --tt z-.1- -• 7-4 ' -.7,.• Tr.;.: -.'r.'"'"•-••':<-'444,,:1--:;,..• 11----::4•71...?..rc-*;::..c:-:". " ' '''.-- ; : •iii--\:,:•,*-- --• •-:_ ' 's :• .'"-t•••- i.fro •--•'''‘e" -• - ''-_-'- 'i j';.••• ,..4•rs., :::4; ;A' ,Ati,it.t .:::1-:..:.:.•“,•*%,_.,::•:::::' ''.;.::--_,.., ', :: --L-i.....„, .. . ---, i i7,0r. . ;____ -741. '11;',7 ,..;'7'14,-,:."1"---:1.. :- 1::!-. ";..S . / '.. -7' • - ' _ ) .-...Fric^-1,. .7.T.1.-77,.1.-77, .2,'...-;-,,,:-..., .>„•-,,,-."-.., f, __ .....„-:., . „ , ...' . ; -;.. f-e-:-4.1•'" " - x..i.,4 ,,zo.-7....•-•'-',.'.. :1.11.* 7.,_.-- .. ,. - , ,- - 4::-.7-: 4;;ILtl..,* 72 '1- t." . .-•::.,* 7 ..... .4 7 Staff Report—Stonegate Apri119,2002 Page 2 BACKGROUND The Comprehensive Guide Plan shows this site as Low-Density Residential for up to 2.5 units per acre. The property is zoned rural. Surrounding land use consists of single-family residential to the east, and undeveloped rural property to the north, south and west. The property abuts Pioneer Trail and Stable Path. PLANNED UNIT DEVELOPMENT The proposal is to rezone all but one of the 46 lots from Rural to R1-13.5. Lot 1, Block 6 will remain in the rural zoning district for future development. The gross density of the project is 1.6 units per acre. The net density, less the two-acre rural lot,is 1.7 units per acre. All lots to be rezoned meet City Code for size and dimension. Minimum lot size is 13,500 square feet,with an average lot size of 19,476 square feet. The development will require the following waivers through the PUD. • Rural lot size of 2 acres and an average lot width of 230 feet for Lot 1, Block 6. Code requires 10 acres and 300 feet,respectively. This lot has an existing house that will remain with direct access to Pioneer Trail. Rezoning will take place upon future development of the property. • Front yard setbacks of 25 feet for Lots 7-10, Block 1, Lots 7-8, Block 4, and Lot 21, Block 1. Code requires 30 feet. This flexibility will provide additional distance from the significant trees to help limit overall tree loss. For Lot 21, Block 1(a corner lot), the flexibility will provide a more reasonable building pad adjacent to the wetland. The wider 66-foot right of way of Stable Path along Lot 21 will provide a greater distance to the road. • Alternative wetland buffer of 15 feet for Lots 20-21, Block 1. Code requires a 25-foot wetland buffer. This flexibility will provide more reasonable house pads for these two lots, which share the existing wetland. TREE LOSS There are 5,076 diameter inches of significant trees on the property. Tree loss is 2,225 diameter inches,or 44%. The required tree replacement is 1,302 caliper inches. The average tree loss for single-family subdivisions is 35%. The plan should be revised to reduce tree loss. Staff Report—Stonegate April 19,2002 Page 3 WETLANDS Two wetlands are located on the property consisting of a 4.7-acre low quality wetland and a 0.4- acre moderate quality wetland. Alteration of 5% of the wetlands is proposed to construct the west side NURP pond and limited grading on the east end of Street A. Wetland fill totals 1,794 square feet,and requires mitigation at a 2:1 ratio. Mitigation of 3,588 square feet of new wetland will take place on the south portion of Lot 21,Block 1. Conservation easements are proposed over the wetlands and wetland buffers on the site. DRAINAGE Storm water will be directed to NURP ponds prior to discharge into the existing wetland. UTILITIES Sanitary sewer and water will be extended across the property to street B from lines located in Stable Path. A sanitary sewer and water connection is also shown to serve the existing house on Lot 1,Block 6,which will remain in the rural zoning district at this time. ACCESS Access to the property is from Pioneer Trail and Stable Path. An additional 27 feet of right-of- way dedication is proposed along Pioneer Trail. Pioneer Trail road improvements are necessary for an eastbound right-turn lane onto street B, and sight line improvements along Pioneer Trail east of the intersection. The plans show the proposed turn lane and a sight line analysis for Pioneer Trail. Sight line improvements will need to take place before Hennepin County will permit access to Pioneer Trail. " Street B intersects Pioneer Trail with Riley Lake Road,but does not align directly opposite with Riley Lake Road. The plans will need to be revised. Public road extensions are proposed to serve future development of the abutting properties to the north and south of the site. A temporary turnaround will be necessary for Street D. The plans show two options for the location of Street E to best serve the Carlson property to the north based on his updated wetland delineation to be completed in early May. Either option is acceptable to the City and will be finalize prior to City Council review. The existing house on Lot 1, Block 6, zoned Rural, can continue to take access to Pioneer Trail at this time. Upon future development and rezoning of this property,the access to Pioneer Trail will need to be eliminated and the property served from the west. Staff Report—Stonegate April 19,2002 Page 4 A shared driveway easement that crosses this site and two adjacent properties will need to be eliminated as part of this development. PEDESTRIAN SYSTEMS A five-foot wide concrete sidewalk is shown along the north side of Street A and east side of Street B. This sidewalk will connect to future bituminous trails to be installed with the upgrading of Pioneer Trail and Stable Path. CONCLUSION 1. Is the project consistent with the Comprehensive Guide Plan? 2. Is the project compatible with the surrounding area? 3. Is wetland encroachment acceptable? Is the mitigation plan adequate? 4. Is tree loss acceptable? Is mitigation adequate? The development of this site is consistent with the guide plan and compatible with the surrounding area. Wetland encroachment is minor and mitigated. Tree loss is high and should be reduced. RECOMMENDATIONS Alternative One Recommend approval of the following request: • Planned Unit Development Concept Review on 28.82 acres • Planned Unit Development District Review with waivers on 28.82 acres • Zoning District Change from Rural to R1-13.5 on 26.62 acres • Preliminary Plat on 28.82 acres into 46 lots and 1 outlot. This is based on plans dated April 17, 2002, the Staff Report dated April 19, 2002, and the following conditions: 1. Prior to City Council review,the proponent shall: A. Revise the plans to show Street B aligning opposite Riley Lake Road. B. Work with staff to finalize the location of Street E serving the property to the north of the project area. C. Show a temporary turnaround at the end of Street D. 2. Prior to final plat,the proponent shall: Staff Report—Stonegate • April 19,2002 Page 5 A. Provide written proof that the private driveway easement that crosses the property and two adjacent properties has been eliminated. B. Dedicate Outlot A to the City. 3. Prior to grading permit issuance,the proponent shall: A. Notify the City and Watershed District 48 hours in advance of grading. B. Install erosion control on the property, as well as tree protection fencing at the grading limits in the wooded areas for trees to be preserved as part of the development. Said fencing shall be field inspected by the City Forester prior to any grading. C. Submit a Conservation Easement over the wetland and wetland buffer Said easement shall be recorded with the final plat for the property. D. Submit detailed storm water runoff, utility, and erosion control plans for review and approval by the City Engineer and Watershed District. E. Meet Hennepin County's sight line requirements along Pioneer Trail. F. Provide written proof that the private driveway easement that crosses the property and two adjacent properties has been eliminated. 4. Prior to building permit issuance for the property, the proponent shall: A. Provide a tree replacement surety equivalent to 150% of the cost of the tree replacement improvements indicated on the approved plan. B. Submit detailed building plans to the Inspections Department and Fire Marshal for their review and approval. C. Connect the existing house on proposed Lot 1,Block 6,to city sewer and water. D. Pay the Cash Park Fee. 5. The following waivers have been granted through the PUD District Review for the property: A. Rural lot size of 2 acres and an average lot width of 230 feet for Lot 1, Block 6. Code requires 10 acres and 300 feet,respectively. B. Front yard setback of 25 feet for Lots 7-10, Block 1, Lots 7-8, Block 4, and Lot 21,Block 1. City Code requires 30 feet. 1/ STAFF REPORT TO: Community Planning Board FROM: Scott A.Kipp, Senior Planner THROUGH: Michael D.Franzen, City Planner DATE: May 10,2002 SUBJECT: Stonegate APPLICANT: Cariston,Inc. OWNER: Steve and Pam Olsen, Dan Horsfall, Corwin and Mary Davidson, Dellora Coleman LOCATION: South of Pioneer Trail,west of Stable Path REQUEST: 1. Planned Unit Development Concept Review on 28.82 acres 2. Planned Unit Development District Review with waivers on 28.82 acres 3. Zoning District Change from Rural to R1-13.5 on 26.62 acres 4. Preliminary Plat on 28.82 acres into 46 lots and 1 outlot. T.-7 . . Area LocathJn Map - .ri 'll Stonegate - c `,t -.f -- -*L*. ' `'�7'� 4x"`te a'-. v-, grr'SlAte i F: ,�= �_ rr rri- .,R. rt� 4-1 1*# irlr_ ..3�' C ms,( _V'".. f s'�: _ a4.-. 1�` r.. .f^�J*v'S'c - .4.f.:;g •a; rP'. 7 a 'yq i _ .s,s'�'�7!e � •'•r-I'1.-r -'` l'' 'n1F c�,yt�sj-• ; r.t. r "w x tS .-`tom( `dJ i = """..t 3i' 3'•� T �- az ,Fs .1 H- . ss • ` :s.i 'y Y +y _- 5_uf - - "'s u�` `r'_'' ,1 1-•F�1- L .i "o `a, ."i.61,er 's,..,J- _- ;s tm � L- -may : STQt+�4 r -/ - ;Y •L tail b t � � --4 *•�_i t 7 1 1 3 rsp 6rf `� tS F ^µ .ji ¢.<< -' r s. ~ !ro S � i a ''s• 3 `r4�%, ? iay,+ i4� { e •-.-.. Yam - a z ,Fq- ' -{•,eYdy. a rX. C 5 . }l _ � 7 .._ ,k- -t:, ys •„1 R:al kr t y Lr ,� i1- >':.. "`, ..4"--•1-! t tea,-Lail..: 3,0_,I"c-.e' u'O?1,,,' .. +, 's- 34,. 1".,t --4 a •E. s r„L �y t ,. `„'-7j, _ r9 iiF•7 Y� nr•...F- .�*. -cr" '-T'�i, ,,3+"'s---E .:F'r•ti:p }r , �T} _ 4TM a*- F Y J. yA ir'._, - . ,i- - i L L ' x S --.-�ti ', i --L - K s s F S 5• -yi 1 i---; r t -S `� - ,it �.. t ""r`✓ 4_f_.•. ,`lv-,Y .4`-;' i s-r; i [-- `i F- - S vc f t-•—'"- '_':id . n•-•-•p^- .cia_-$•i# t e , L+n3irv. •sY A•74 _ - • _ �- F'i-, Fri f '• • K{•j 1 EA.,...,...)„,„,'2 ..lr h NTEi N< " f �i /'� 11 Gi- .: _ ^ -crs73.- g'7,.,'t`i. tz •--n. *Y a s h�J{$7{. O ti.�� t r G .✓'__- ,�-+ T�'•,'}t z't b -#a'A,„ j.•,�s - 7-Rk---..- - -'- 4�a _ y{., .+. �- r • � •.�"` "»^i ) 'x•_ I '1; J s ..-a••+- • 1' _ d F g r- d t'•F},«-1 1.>. ...., ,'f t_vt,t. ...}t -.,k.`r!; +fit; F•t�, .rs!'--, , ��''�� .,w.s,; �'- J, >rim {r ti � �,."��'�' E 9:t,_ s F ":1".wa''•Z •' -';',2u'' • ....f' 4'- - ;. ..- s+ _ _v5 _ `•a dSu.��•..,7' ' �vF'�: rigi. s� r�l x fib. fr"r i'" '<i i+3 r` a .ae - y w�i J- L t f*t.-t s rvs �;Q}> .i' [ 4 g„:—.• 7c .t;.,t i i i. { _ p '1�• o . 'y. , • x j' • '-fin • *r•, _ rts raa, s; l {'% t - ^r} �`.� '--! '�-Nr 4.ti�s.'. ,.'. ° .. i A. h- ' . •,,-- e - :'s'=,',r t �2i .t rt� y w rJ % L t rti:�` .,`ea;S�s' _ _ ✓�.'✓ �j :.rF 1 `.1,••`;,,,, .i,..... sr 4it4AY�'Mk. pc' otiv 1 i '':.. i ''r dEfr ' A It t Stabl ;,Pafihl g . p. * . s �<3 11 v`j4 >= t;_ p-e ly F— +a,. " t �4t` tv x 'S Ai js,1` i t rs • s - `:�1 t C...:,.. t i _ f- rF`kY+; I •E-.s�g 'Fg, yy�y c ^ L 1.z,i, +,, t 1'" 1 J. 'Z s a e .1 t- _ ,�'l's 1..-. r+[ i al 7i - - : .+,',�- - 1 r r• 1. 7 3 ids ,t...a,,W�t..',i7 y�,. i 4• - u-...J 1 a, F F 1 F - !:.%V F v 5w Y s .6 s`1,x eat• ± .:s ' t` >{ k '-l ' I# a ¢ f�� Vic,>' 1{{F �•1 s i ,z grit s'f"3�' 7 r - .. > '? i J�ian :a• v ivr • s-.•'1',s '{` ?2s. s° - - tt' {#: . F s K-•_Yg'clr rs •i„.>_ - i } � �", .it R s -v'' -- . � b yi11111 tis� 3 t r9� r• 1 =` , ad Tear x ,c ,,,Sc - s � ._. 1: i 'er s t'�S. r1 . .—1 t z r• .d-ts r1 t:, •:kJk`- .t o-. rl t �3 T. J s r-..,. -ta'- z��� -Ili': r.,t t i t� ilit r.7;� v } S .' '' - r , ti. Y - - s-, i . 'd y s fed �- s,- ��>.ri<9' _ fit ' a. ii -'1 s LF1-_' * i _ i F '• -)t.- U Y ::;',--t : 3r *- '. . ;. 6• "::4.,� 1. i - t :- if-• i - -i L x`sF :.F"'i, 1 --- yc -, R=`t�`f f� { yam' z - 7.vFy - k 1•�'a'9 y a 'k-�` . 3'c d x :�"' '? . , r > !' _{ 1� - = a S' ,- Li k74`CLSw . : .4=i yv` s"4'. '[ C.t.}l {' '+�' _..1-•t_ `'�` w� T _ 1� 11.:t -- ...NCI,g ' s42-1, r � 1, t i•Y+S£-g t- j�� .s s ? ::F 7fJg x�.a.)• YibJ' i a s'sss 'i�_ s •'4t"ti.. 's� �i'i ,z t .#'s° " iX.h• - .'y o_{"� rw- irliSk` ? - ' .s-t 'S" +i r-.t z L -. - >r ti tl s .1''�3a -4 rys° r t -t--••`Iis i' +- - t; ;zei fi..• F ''r-- -,ti, - - ---x - �•,+• it t i + a - 1 F A,t- ia.�33l• - 1 -tl ^.+ -.s n ti•, -s e-s '1y '.t #; -• 447;s :. ' tPt.r r e - X 9 _ 1 r s _. - i t ... � : -_F -+ s_r rri''f: '-•�••Y :let 't''C_q s- , f � F i !-1 _ ,'r' Ssa• s.RJ"• .TrI vit of !N ?' - „.i t t;h �:,:•.1 w a :,:„. r �'� - r sy '" '* !.J' st'` '! i • t� E'� �/� 'i`k 'S.'a•-i R s ws° _�>.-" r t ve S ,- f i 4 y Ra`y4v�y' is � ,..-.- Pn`; . a a -- - },. k`i'1_t ; - s "'yam+r-- `J9W/�y i, .R$�L- y4 t.. �.y si to 4 6 1•' ` j .pq� 'VS} 'L •�''z--a'.. i 'ti t , -wl_ _ _ .�L �5t> ' y R'r9 1. 'L_.t- i. - a i� aytv'y-4•�?A - _ :/ _ r.�T'3 r .J' eq. = .-^- �,3> a `#3,1�f ,3 t t ..a/ K `'t=.- L ,,, ;� ";: %- .+3iP qYS' ` 7 -` _O ..T q' ~- "ai, fi r'Fy n='�� a.'.i. _" .`4'?z'� ril", 4 `c y _ i;s,F�y,... �_:.�L #� - - ' i :k=a..7 Y �'-.•,. a�• `-P`''•.s• -X-°l�'3"i'- .,� fit, - s' --• K `._.`_rw K•` .'. -_.'yr.. '3 `•?s .s-. ,s Staff Report—Stonegate • - May 10,2002 Page 2 BACKGROUND This project was reviewed at the April 22, 2002, Community Planning Board. The Board was comfortable with the Stonegate project as proposed, but continued the project to May 13th to allow the neighboring property owner to the north (Mr. Warren Carlson) time to complete the wetland delineation of his property. The wetland delineation was needed to determine where access should be to the Carlson property. WETLAND DELINATION AND ACCESS LOCATION The Watershed District verified the wetland delineation on May 8,2002. The Stonegate plan shows the wetland delineation and future concept for Mr. Carlson's property. The Community Planning Board is not taking any action on the Carlson future concept plan. The purpose of the plan is to help determine where access should be to the Carlson property. The Stonegate project provides reasonable access to the Carlson property based on the wetland delineation of the Carlson property. While the Carlson plan is only conceptual,the following issues should be identified at this time: • The appropriate zoning district for the Carlson property is R1-13.5 • Lots 1,2,3,4, 6, and 7 do not meet the minimum lot frontage of 85 feet for the R1-13.5 zoning district • Lots 1,2, 3, 5, 7, and 8 depend upon wetland fill • Lot 5 does not have public road access • Lot 10 does not provide a reasonable house pad • Lots 9 and 10 will result in the loss of the majority of significant trees on the property Detailed review of the Carlson property will take place upon submittal of a land development application and submittal of required plans. Eliminating one lot on the west side of the Carlson property will allow these lots to meet the lot size and frontage requirements of the R1-13.5 zoning district with the cul-de-sac aligning with proposed Street E. RECOMMENDATION • Staff recommends approval of the following: • Planned Unit Development Concept Review on 28.82 acres • Planned Unit Development District Review with waivers on 28.82 acres • Zoning District Change from Rural to R1-13.5 on 26.62 acres D _ Staff Report—Stonegate May 10,2002 Page 3 • Preliminary Plat on 28.82 acres into 46 lots and 1 outlot. This is based on plans dated April 17, 2002 and May 10,2002, the Staff Reports dated April 19, 2002 and May 10,2002, and the following conditions: 1. Prior to City Council review,the proponent shall: A. Revise the plans to show Street B aligning opposite Riley Lake Road. • B. Show a temporary turnaround at the end of Street D. 2. Prior to final plat,the proponent shall: A. Provide written proof that the private driveway easement that crosses the property and two adjacent properties has been eliminated. B. Dedicate Outlot A to the City. 3. Prior to grading permit issuance,the proponent shall: A. Notify the City and Watershed District 48 hours in advance of grading. B. Install erosion control on the property; as well as tree protection fencing at the grading limits in the wooded areas for trees to be preserved as part of the development. Said fencing shall be field inspected by the City Forester prior to any grading. C. Submit a Conservation Easement over the wetland and wetland buffer Said easement shall be recorded with the final plat for the property. D. Submit detailed storm water runoff, utility, and erosion control plans for review and approval by the City Engineer and Watershed District. E. Meet Hennepin County's sight line requirements along Pioneer Trail. F. Provide written proof that the private driveway easement that crosses the property and two adjacent properties has been eliminated. 4. Prior to building permit issuance for the property,the proponent shall: A. Provide a tree replacement surety equivalent to 150% of the cost of the tree replacement improvements indicated on the approved plan. B. Submit detailed building plans to the Inspections Department and Fire Marshal for their review and approval. /5 a . - Staff Report—Stonegate May 10,2002 Page 4 C. Connect the existing house on proposed Lot 1,Block 6,to city sewer and water. D. Pay the Cash Park Fee. 5. The following waivers have been granted through the PUD District Review for the property: A. Rural lot size of 2 acres and an average lot width of 230 feet for Lot 1, Block 6. Code requires 10 acres and 300 feet,respectively. B. Front yard setback of 25 feet for Lots 7-10, Block 1, Lots 7-8, Block 4, and Lot 21,Block 1. City Code requires 30 feet. C. Alternative wetland buffer of 15 feet for Lots 20-21,Block 1. Code requires a 25- foot wetland buffer. CITY COUNCIL AGENDA DATE: 05/21/02 SECTION: Public Hearings SERVICE AREA(DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development Donald R.Uram City Code Amendment to Section 11.41 Conditional V i I I 6 Scott A.Kipp Use Permits Requested Action Move to: • Close the Public Hearing; and • Approve 1st Reading of the Ordinance for City Code Amendment of Section 11.41, Conditional Use Permits Synopsis A City code amendment to allow conditional use permits for historic designated property in the rural zoning district for office and commercial uses to encourage preservation and revitalization of the publicly and privately owned historic properties in the community. Community Planning Board Recommendation The Community Planning Board voted 9-0 to recommend approval of the Code Amendment to the City Council at its May 13, 2002 meeting. Heritage Preservation Commission Recommendation The Heritage Preservation Commission will review the Code Amendment at its May 20, 2002 meeting, and its recommendation will be forwarded at the Council meeting. Background Information The Code amendment will allow conditional use permits for historic designated property in the rural zoning district for office and commercial uses as a tool to encourage preservation and revitalization of historic properties in the community. The Smith Douglas More House, Riley Jacques Farm, Cummins Grill House and Glen Lake Children's Camp are publicly owned historically designated property. There are many historically significant privately owned properties that will become locally designated in the future. The first opportunity to use this code amendment will be for the adaptive reuse of the Smith Douglas More house for a Dunn Brothers Coffee shop, scheduled for Community Planning Board review on June 10,2002. I City Council Agenda May 21,2002 Public Hearings—Code Amendment to Section 11.41 Conditional Use Permits Page 2 of 2 Currently, the City Code allows conditional use permits only in connection with restricted temporary uses of existing houses in the Major Center Area (MCA) PUD and defined by legal description. These homes can be used for office and commercial uses until such time that the land is ready to develop consistent with the guide plan. To consider office and commercial uses for historic designated properties in the rural zoning district, a guide plan change and rezoning would be required. The implications of this approach are as follows. • A guide plan change to office or commercial creates the potential for land use incompatibility. • Rezoning to office or commercial could result in spot zoning inconsistent with the surrounding area. • A change in reuse could result in another rezoning of the property. • Rezoning could result in land use incompatibility with surrounding uses. Amending the City Code to allow conditional use permits for historic designated property for office and commercial uses in the rural zoning district will allow the reuse of these properties without having to change the guide plan or rezone the property. The code amendment provides the necessary limitations and standards to insure the use's consistency with the character, uses and activities in the rural district. Any conditional use permit will require review by the Heritage Preservation Commission and approval by the City Council. Staff is requesting the Council approve both the 1st and 2"a Reading of the Ordinance. Second Reading of the Ordinance will occur under the Ordinances and Resolutions section of the City Council Agenda. Attachments 1. Ordinance for Amending City Code Section 11.41 Conditional Use Permits 2. Ordinance for Amending City Code highlighting proposed changes 3. Staff Report dated May 10, 2002 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. -2002 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA AMENDING CITY CODE CHAPTER 11 BY AMENDING SECTION 11.41 RELATING TO CONDITIONAL USE PERMITS; 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,NIINNESOTA,ORDAINS: Section 1. City Code Section 11.41 is amended to read as follows: SECTION 11.41. CONDITIONAL USE PERMITS. Subd. 1. Categories of Conditional Use. A. Major Center Area 1. Declaration of Policy and Purpose. It is hereby found and declared that certain lands within the City have been included within and designated as the "Major Center Area", (MCA),and are the subject of the "Eden Prairie Major Center Area Planned Unit Development", (MCA-PUD), adopted by the Council on July 10, 1973, as an amendment to the Comprehensive Guide Plan. The MCA-PUD as well as the Comprehensive Guide Plan contemplate multiple uses, including office uses, of the lands within the MCA-PUD. Some of the lands intended for office use are situated in the R1-22 (Residential) or the Rural District and have dwellings situated thereon. Development of some of the lands within the MCA for the uses intended has occurred. Development of some of such land has not and may not occur in the immediate future because of time, economic and other constraints. Thus, use of lands in the MCA have been and are in a state of transition. The development and use of some of the lands for the purposes intended may adversely affect the use of certain dwellings for residential purposes situated on some of the lands within the MCA. It is,therefore,advisable to enable the owners of lands on which are situated such dwellings to temporarily use or permit use of the same for other purposes under proper and specific conditions to ameliorate the impact of the transition of uses within the MCA. In order to accomplish such purposes the following provisions relating to the issuance of conditional use permits are adopted. 2. Areas Where Conditional Use Permits May Be Granted. That part of the following described lands situated within either the R1-22 or Rural District may be used for those permitted uses described in Section 11.20 (Office District)hereof upon issuance of a conditional use permit in accordance with and subject to the provisions and conditions contained in this Section. 3 Sec. 14,T. 116,R.22 NW-1/4 of the NE-1/4 SW-1/4 of the NW-1/4 SE-1/4 of the NW-1/4 NE-1/4 of the NE-1/4 SE-1/4 of the SW-1/4 SW-1/4 of the SE-1/4 SW-1/4 of the SW-1/4 Sec. 23,T. 116,R.22 The South 650 feet of the NW-1/4 of the NE-1/4 B. Historic Properties 1. Policy and Purpose. Certain buildings within the City have been included within and designated by the City as Heritage Preservation Sites pursuant to Section 11.05 of this chapter, or are listed on the National Register of Historic Places. The intent of this Section is to encourage preservation, revitalization and adaptive reuse of the many Historic Properties located in the City of Eden Prairie. The permitted uses are intended to promote preservation of the historic and architectural character by encouraging retention and appropriate use of existing structures as civic,retail,restaurant, personal service and office establishments. The conditional uses listed in this Section must be reviewed by the Heritage Preservation Commission and approved by the City Council after consideration in each case,of the impact of such uses upon the property,neighboring uses,the surrounding area and the public need for the particular use at the particular location. Limitations and standards are herein established to insure the use's consistency with the character,uses and activities in the rural district. In order to accomplish such purposes,the following provisions relating to the issuance of conditional use permits are adopted. 2. Areas Where Conditional Use Permits May Be Granted for Adaptive Reuse. Conditional use permits for the adaptive use of a Heritage Preservation Site, is limited to historic properties situated within an R Rural District. 3. Permitted Uses for Adaptive Reuse of Heritage Preservation Sites. The adaptive use proposed for the property must be a permitted use in either the Office District, Section11.20, Subd. 2(A), or the Commercial Districts, Section 11.25, Subd. 2(A). Examples include: restaurants, bakeries, cafes, delicatessens,coffee houses,ice cream parlors,bed and breakfasts,reception facilities,meeting or conference facilities,professional office uses,museums, art galleries,antique shops,craft boutiques,or retail stores or shops. Subd.2. Standard for All Conditional Use Permits. A conditional use permit may be granted only subject to the following conditions. A. The conditional use permit shall be for a period not in excess of three years,provided, however, the Council may grant a conditional use permit or permits effective subsequent to the expiration of a previously granted conditional use permit. B. The Council finds the following: 1. The land subject to the conditional use permit shall abut on a public street. 2. The conditional use will have available to it adequate and safe supply of water and shall have available and use sanitary sewer which shall adequately and safely, without harm to other lands or persons in the area, dispose of all sanitary sewage generated on the land subject to the conditional use permit. 3. The conditional use will not create an excessive burden on parks, schools, streets,and other public facilities and utilities which serve or are proposed to serve the area. 4. The conditional use will be sufficiently separated by distance or screening from adjacent lands so that existing homes will not be depreciated in value and there will be no deterrence to development of vacant land. 5. The structure and site for the conditional use shall not be altered in appearance so as to have an adverse effect upon adjacent residential properties. 6. The conditional use will not cause traffic hazard or congestion. 7. Neighboring land and dwellings will not be adversely affected because of traffic generation,noise, glare,or other nuisance characteristics. 8. Any other conditions deemed appropriate for the purpose of protecting the public health, safety and welfare. 9. The land subject to the conditional use permit shall meet the requirements of Section 11.03, Subd. 6, Site Plan and Architectural Design Review. 10. Applicants must comply with Section 11 requirements for the district in which the property is located. Subd.3. Additional Conditions. All conditional uses are subject to the criteria established in Subdivision 2 above. In granting a conditional use permit the Council may impose conditions, including the furnishing of a bond containing such terms and provisions and in such amount as may be provided by the Council, to ensure the prevention of or the compliance with those matters specified in Subdivisions 2 and 3 hereof or otherwise as the Council may determine to be advisable or appropriate to achieve the policies and purposes of this Section. Additional criteria must be met in each of the following categories of conditional use: 5 A. Major Center Area 1. The conditional use will not be in conflict with the MCA-PUD or the Comprehensive Guide Plan. 2. The conditional use is reasonably related to the overall needs of the City and to the existing land use in the MCA. 3. No permit shall be granted unless the minimum standards set forth in this Chapter relating to lands within the Office District are met,unless a variance has been granted therefore by the Board of Adjustments and Appeals. 4. There shall be no business or advertising sign in excess of 8 square feet. 5. The conditional use will not require construction on the land of, a new, or enlargement of an existing building by more than five percent of the total cubic feet of the existing building. B. Historic Properties. To be considered eligible for an historic properties conditional use permit,properties must be in conformance with the following: 1. Applicant must demonstrate that the historic characteristics of the property cannot be maintained reasonably and economically unless the conditional use permit is granted. 2. Property is designated by the City as a Heritage Preservation Site or listed on the National Register of Historic Places. 3. The property is adequately sized to meet the proposed use. 4. In conformance with all applicable building and fire codes and ADA requirements. 5. In conformance with all State and County health regulations. 6. One advertising sign is permitted not to exceed thirty-two (32) square feet, and six feet in height. 7. Site improvements meet the City's historic preservation standards and guidelines. 8. Applications for conditional use permits shall be reviewed by the Heritage Preservation Commission. 9. If an application is reviewed by the Heritage Preservation Commission,and approved by the City Council, applicant shall receive a conditional use permit. However,in addition to the conditional use permit, applicants shall also obtain a Heritage Preservation Site Alteration Permit pursuant to this Chapter. Subd.4.Procedure. An application for a conditional use permit shall be in writing signed by the owner of the land for which the conditional use permit is sought. The procedures applicable to an amendment of Chapter 2 of the City Code, including notice and public hearing, shall be required prior to the issuance of a conditional use permit. Subd. 5. Revisions and/or Changes. A. Major Center Area 1. Minor revisions and/or changes in site or remodeling plans on which the granting of a conditional use permit has been conditioned maybe approved by the City Planner if they are required by engineering or other circumstances which were not foreseen at the time the conditional use permit was approved. 2. Major revisions and/or changes in site or remodeling plans on which the granting of a conditional use permit has been conditioned may be approved by the Council only pursuant to the procedures applicable to an application for a conditional use permit. Any change in a site or remodeling plan the cost of which change shall exceed 10 percent of the market value of the land and any improvements thereon, for which a conditional use permit has been granted, as determined by the City Assessor shall constitute a major revision or change. B. Historic Properties. Any revisions and/or changes to site or remodeling plans after a Heritage Preservation Site Alteration Permit has been granted, shall require approval by the City Planner and comply with Section 11.05, Subd. 5 criteria. Subd.6. Cancellation of Conditional Use Permits. Unless otherwise specified by the Council at the time it is authorized a conditional use permit shall expire if the applicant fails to utilize such conditional use permit by obtaining a building permit or otherwise within one year from the date of its authorization. Subd.7. Conditional Use Permit Required. It is unlawful for any person to engage in a conditional use without having first obtained a conditional use permit therefore. SECTION 2. City Code Section 11.41 is repealed in its entirety. SECTION 3. City Code Chapter 1 entitled"General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. 7 SECTION 4. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the day of ,2002,and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of ,2002. City Clerk Mayor • PUBLISHED in the Eden Prairie News on the day of , 2002. ep\city code\chi l amend.042502 i1 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. -2002 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA AMENDING CITY CODE CHAPTER 11 BY AMENDING SECTION 11.41 RELATING TO CONDITIONAL USE PERMITS; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH,AMONG OTHER THINGS,CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA,ORDAINS: Section 1. City Code Section 11.41 is amended to read as follows: SECTION 11.41. CONDITIONAL USE PERMITS. Subd. 1. Categories of Conditional Use. A. Major Center Area 1. Declaration of Policy and Purpose. It is hereby found and declared that certain lands within the City have been included within and designated as the "Major Center Area",(MCA),and are the subject of the"Eden Prairie Major Center Area Planned Unit Development", (MCA-PUD), adopted by the Council on July 10, 1973, as an amendment to the Comprehensive Guide Plan. The MCA-PUD as well as the Comprehensive Guide Plan contemplate multiple uses, including office uses, of the lands within the MCA-PUD. Some of the lands intended for office use are situated in the R1-22 (Residential) or the Rural District and have dwellings situated thereon. Development of some of the lands within the MCA for the uses intended has occurred. Development of some of such land has not and may not occur in the immediate future because of time,economic and other constraints.Thus, use of lands in the MCA have been and are in a state of transition. The development and use of some of the lands for the purposes intended may adversely affect the use of certain dwellings for residential purposes situated on some of the lands within the MCA. It is,therefore,advisable to enable the owners of lands on which are situated such dwellings to temporarily use or permit use of the same for other purposes under proper and specific conditions to ameliorate the impact of the transition of uses within the MCA. In order to accomplish such purposes the following provisions relating to the issuance of conditional use permits are adopted. 2. Areas Where Conditional Use Permits May Be Granted. That part of the following described lands situated within either the R1-22 or Rural District may be used for those permitted uses described in Section 11.20 (Office District)hereof upon issuance of a conditional use permit in accordance with and subject to the provisions and conditions contained in this Section. 7 Sec. 14,T. 116,R.22 NW-1/4 of the NE-1/4 SW-1/4 of the NW-1/4 SE-1/4 of the NW-1/4 NE-1/4 of the NE-1/4 SE-1/4 of the SW-1/4 SW-1/4 of the SE-1/4 SW-1/4 of the SW-1/4 Sec. 23,T. 116,R.22 The South 650 feet of the NW-1/4 of the NE-1/4 B. Historic Properties 1. Policy and Purpose. Certain buildings within the City have been included within and designated by the City as Heritage Preservation Sites pursuant to Section 11.05 of this chapter, or are listed on the National Register of Historic Places. The intent of this Section is to encourage preservation., revitalization and adaptive reuse of the many Historic Properties located in the City of Eden Prairie. The permitted uses are intended to promote preservation of the historic and architectural character by encouraging retention and appropriate use of existing structures as civic,retail,restaurant, personal service and office establishments. The conditional uses listed in this Section must be reviewed by the Heritage Preservation Commission and approved by the City Council after consideration in each case,of the impact of such uses upon the property,neighboring uses,the surrounding area and the public need for the particular use at the particular location. Limitations and standards are herein established to insure the use's consistency with the character,uses and activities in the rural district. In order to accomplish such purposes,the following provisions relating to the issuance of conditional use permits are adopted. 2. Areas Where Conditional Use Permits May Be Granted for Adaptive Reuse. Conditional use permits for the adaptive use of a Heritage Preservation Site, is limited to historic properties situated within an R-Rural District. 3. Permitted Uses for Adaptive Reuse of Heritage Preservation Sites. The adaptive use proposed for the property must be a permitted use in either the Office District,Section11.20,Subd.2(A)or(B),or the Commercial Districts, Section 11.25, Subd. 2(A). Examples include: restaurants,bakeries, cafes., delicatessens,coffee houses,ice cream parlors,bed and breakfasts,reception facilities,meeting or conference facilities,professional office uses,museums, art galleries, antique shops, craft boutiques, or retail stores or shops. Subd.2. Standard for All Conditional Use Permits. A conditional use permit may be granted only subject to the following conditions. /0 A. The conditional use permit shall be for a period not in excess of three years, provided, however, the Council may grant a conditional use permit or permits effective subsequent to the expiration of a previously granted conditional use permit. B. The Council finds the following: 1. The land subject to the conditional use permit shall abut on a public street. 2. The conditional use will have available to it adequate and safe supply of water and shall have available and use sanitary sewer which shall adequately and safely,without harm to other lands or persons in the area,dispose of all sanitary sewage generated on the land subject to the conditional use permit. 3. The conditional use will not create an excessive burden on parks, schools, streets,and other public facilities and utilities which serve or are proposed to serve the area. 4. The conditional use will be sufficiently separated by distance or screening from adjacent lands so that existing homes will not be depreciated in value and there will be no deterrence to development of vacant land. 5. The structure and site for the conditional use shall not be altered in appearance so as to have an adverse effect upon adjacent residential properties. 6. The conditional use will not cause traffic hazard or congestion. 7. Neighboring land and dwellings will not be adversely affected because of traffic generation,noise, glare,or other nuisance characteristics. 8. Any other conditions deemed appropriate for the purpose of protecting the public health, safety and welfare. 9. The land subject to the conditional use permit shall meet the requirements of Section 11.03, Subd. 6, Site Plan and Architectural Design Review. 10. Applicants must comply with Section 11 requirements for the district in which the property is located. Subd.3. Additional Conditions. All conditional uses are subject to the criteria established in Subdivision 2 above. In granting a conditional use permit the Council may impose conditions, including the furnishing of a bond containing such terms and provisions and in such amount as may be provided by the Council, to ensure the prevention of or the compliance with those matters specified in Subdivisions 2 and 3 hereof or otherwise as the Council may determine to be advisable or appropriate to achieve the policies and purposes of this Section. Additional criteria must be met in each of the following categories of conditional use: // A. Major Center Area 1. The conditional use will not be in conflict with the MCA PUD or the Comprehensive Guide Plan. 2. The conditional use is reasonably related to the overall needs of the City and to the existing land use in the MCA. 3. No permit shall be granted unless the minimum standards set forth in this Chapter relating to lands within the Office District are met,unless a variance has been granted therefore by the Board of Adjustments and Appeals. 4. There shall be no business or advertising sign in excess of 8 square feet. 5. The conditional use will not require construction on the land of, a new, or enlargement of an existing building by more than five percent of the total cubic feet of the existing building. B. Historic Properties. To be considered eligible for an historic properties conditional use permit,properties must be in conformance with the following: 1. Applicant must demonstrate that the historic characteristics of the property cannot be maintained reasonably and economically unless the conditional use permit is granted. 2. Property is designated by the City as a Heritage Preservation Site or listed on the National Register of Historic Places. 3. The property is adequately sized to meet the proposed use. 4. In conformance with all applicable building and fire codes and ADA requirements. 5. In conformance with all State and County health regulations. 6. One advertising sign is permitted not to exceed thirty-two (32) square feet., and six feet in height. 7. Site improvements meet the City's historic preservation standards and guidelines. 8. Applications for conditional use permits shall be reviewed by the Heritage Preservation Commission. 9. If an application is reviewed by the Heritage Preservation Commission,and approved by the City Council, applicant shall receive a conditional use permit. However,in addition to the conditional use permit, applicants shall also obtain a Heritage Preservation Site Alteration Permit pursuant to this Chapter. Subd.4.Procedure. An application for a conditional use permit shall be in writing signed by the owner of the land for which the conditional use permit is sought. The procedures applicable to an amendment of Chapter 2 of the City Code, including notice and public hearing, shall be required prior to the issuance of a conditional use permit. Subd. 5. Revisions and/or Changes. A. Major Center Area 1. Minor revisions and/or changes in site or remodeling plans on which the granting of a conditional use permit has been conditioned may be approved by the City Planner if they are required by engineering or other circumstances which were not foreseen at the time the conditional use permit was approved. 2. Major revisions and/or changes in site or remodeling plans on which the granting of a conditional use permit has been conditioned may be approved by the Council only pursuant to the procedures applicable to an application for a conditional use permit. Any change in a site or remodeling plan the cost of which change shall exceed 10 percent of the market value of the land and any improvements thereon, for which a conditional use permit has been granted, as determined by the City Assessor shall constitute a major revision or change. B. Historic Properties. Any revisions and/or changes to site or remodeling plans after a Heritage Preservation Site Alteration Permit has been granted,shall require approval by the City Planner and comply with Section 11.05, Subd. 5 criteria. Subd.6. Cancellation of Conditional Use Permits. Unless otherwise specified by the Council at the time it is authorized a conditional use permit shall expire if the applicant fails to utilize such conditional use permit by obtaining a building permit or otherwise within one year from the date of its authorization. Subd.7. Conditional Use Permit Required. It is unlawful for any person to engage in a conditional use without having first obtained a conditional use permit therefore. SECTION 2. City Code Section 11.41 is repealed in its entirety. SECTION 3. City Code Chapter 1 entitled"General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled /3 "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. SECTION 4. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the day of ,2002,and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of ,2002. City Clerk Mayor PUBLISHED in the Eden Prairie News on the day of , 2002. ep\city code\chl l amend.042502 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA REVISED ORDINANCE NO.14-2002 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA AMENDING CITY CODE CHAPTER 11 BY AMENDING SECTION 11.41 RELATING TO CONDITIONAL USE PERMITS; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH,AMONG OTHER THINGS,CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA,ORDAINS: Section 1. City Code Section 11.41 is amended to read as follows: SECTION 11.41. CONDITIONAL USE PERMITS. Subd. 1. Categories of Conditional Use. A. Major Center Area 1. Declaration of Policy and Purpose. It is hereby found and declared that certain lands within the City have been included within and designated as the "Major Center Area",(MCA),and are the subject of the"Eden Prairie Major Center Area Planned Unit Development", (MCA-PUD), adopted by the Council on July 10, 1973, as an amendment to the Comprehensive Guide Plan. The MCA-PUD as well as the Comprehensive Guide Plan contemplate multiple uses, including office uses, of the lands within the MCA-PUD. Some of the lands intended for office use are situated in the R1-22 (Residential) or the Rural District and have dwellings situated thereon. Development of some of the lands within the MCA for the uses intended has occurred. Development of some of such land has not and may not occur in the immediate future because of time,economic and other constraints.Thus, use of lands in the MCA have been and are in a state of transition. The development and use of some of the lands for the purposes intended may adversely affect the use of certain dwellings for residential purposes situated on some of the lands within the MCA. It is,therefore,advisable to enable the owners of lands on which are situated such dwellings to temporarily use or permit use of the same for other purposes under proper and specific conditions to ameliorate the impact of the transition of uses within the MCA. In order to accomplish such purposes the following provisions relating to the issuance of conditional use permits are adopted. 2. Areas Where Conditional Use Permits May Be Granted. That part of the following described lands situated within either the R1-22 or Rural District may be used for those permitted uses described in Section 11.20 (Office District)hereof upon issuance of a conditional use permit in accordance with and subject to the provisions and conditions contained in this Section. Sec. 14,T. 116,R.22 NW-1/4 of the NE-1/4 SW-1/4 of the NW-1/4 SE-1/4 of the NW-1/4 NE-1/4 of the NE-1/4 SE-1/4 of the SW-1/4 SW-1/4 of the SE-1/4 SW-1/4 of the SW-1/4 Sec. 23, T. 116,R.22 The South 650 feet of the NW-1/4 of the NE-1/4 3. Duration of Permits.A Major Center Area conditional use permit shall be for a period not in excess of three years, provided, however, after a permit expires, the Council may grant another conditional use permit effective subsequent to the expiration of a previously granted conditional use permit. B. Historic Properties 1. Policy and Purpose. Certain buildings within the City have been included within and designated by the City as Heritage Preservation Sites pursuant to Section 11.05 of this chapter, or are listed on the National Register of Historic Places. The intent of this Section is to encourage preservation, revitalization and adaptive reuse of the many Historic Properties located in the City of Eden Prairie. The permitted uses are intended to promote preservation of the historic and architectural character by encouraging retention and appropriate use of existing structures as civic,retail,restaurant, personal service and office establishments. The conditional uses listed in this Section must be reviewed by the Heritage Preservation Commission and approved by the City Council after consideration in each case,of the impact of such uses upon the property,neighboring uses,the surrounding area and the public need for the particular use at the particular location. Limitations and standards are herein established to insure the use's consistency with the character,uses and activities in the rural district. In order to accomplish such purposes,the following provisions relating to the issuance of conditional use permits are adopted. 2. Areas Where Conditional Use Permits May Be Granted for Adaptive Reuse. Conditional use permits for the adaptive use of a Heritage Preservation Site, is limited to historic properties situated within an R-Rural District. 3. Permitted Uses for Adaptive Reuse of Heritage Preservation Sites. The adaptive use proposed for the property must be a permitted use in either the Office District,Sectionl 1.20,Subd.2(A)or(B),or the Commercial Districts, Section 11.25, Subd. 2(A). Examples include: restaurants,bakeries, cafes, delicatessens,coffee houses,ice cream parlors,bed and breakfasts,reception facilities,meeting or conference facilities,professional office uses,museums, art galleries, antique shops,craft boutiques,or retail stores or shops. 4. Duration of Permits.An Historic Properties conditional use permit shall be for a period not in excess of five years, provided, however, after a permit expires, the Council may grant another conditional use permit effective subsequent to the expiration of a previously granted conditional use permit. Subd.2. Standard for All Conditional Use Permits. A conditional use permit may be granted only subject to the following conditions. A. The land subject to the conditional use permit shall abut on a public street. B. The conditional use will have available to it adequate and safe supply of water and shall have available and use sanitary sewer which shall adequately and safely, without harm to other lands or persons in the area, dispose of all sanitary sewage generated on the land subject to the conditional use permit. C. The conditional use will not create an excessive burden on parks,schools,streets,and other public facilities and utilities which serve or are proposed to serve the area. D. The conditional use will be sufficiently separated by distance or screening from adjacent lands so that existing homes will not be depreciated in value and there will be no deterrence to development of vacant land. E. The structure and site for the conditional use shall not be altered in appearance so as to have an adverse effect upon adjacent residential properties. F. The conditional use will not cause traffic hazard or congestion. G. Neighboring land and dwellings will not be adversely affected because of traffic generation,noise, glare, or other nuisance characteristics. H. Any other conditions deemed appropriate for the purpose of protecting the public health, safety and welfare. I. The land subject to the conditional use permit shall meet the requirements of Section 11.03, Subd. 6, Site Plan and Architectural Design Review. J. Applicants must comply with Section 11 requirements for the district in which the property is located. Subd.3. Additional Conditions. All conditional uses are subject to the criteria established in Subdivision 2 above. In granting a conditional use permit the Council may impose conditions, including the furnishing of a bond containing such terms and provisions and in such amount as may be provided by the Council, to ensure the prevention of or the compliance with those matters specified in Subdivisions 2 and 3 hereof or otherwise as the Council may determine to be advisable or appropriate to achieve the policies and purposes of this Section. Additional criteria must be met in each of the following categories of conditional use: A. Major Center Area 1. The conditional use will not be in conflict with the MCA PUD or the Comprehensive Guide Plan. 2. The conditional use is reasonably related to the overall needs of the City and to the existing land use in the MCA. 3. No permit shall be granted unless the minimum standards set forth in this Chapter relating to lands within the Office District are met,unless a variance has been granted therefore by the Board of Adjustments and Appeals. 4. There shall be no business or advertising sign in excess of 8 square feet. 5. The conditional use will not require construction on the land of, a new, or enlargement of an existing building by more than five percent of the total cubic feet of the existing building. B. Historic Properties. To be considered eligible for an historic properties conditional use permit,properties must be in conformance with the following: 1. Applicant must demonstrate that the historic characteristics of the property cannot be maintained reasonably and economically unless the conditional use permit is granted. 2. Property is designated by the City as a Heritage Preservation Site or listed on the National Register of Historic Places. 3. The property is adequately sized to meet the proposed use. 4. In conformance with all applicable building and fire codes and ADA requirements. 5. In conformance with all State and County health regulations. 6. One advertising sign is permitted not to exceed thirty-two (32) square feet, and six feet in height. 7. Site improvements meet the City's historic preservation standards and guidelines. 8. Applications for conditional use permits shall be reviewed by the Heritage Preservation Commission. 9. If an application is reviewed by the Heritage Preservation Commission,and approved by the City Council, applicant shall receive a conditional use permit. However,in addition to the conditional use permit, applicants shall also obtain a Heritage Preservation Site Alteration Permit pursuant to this Chapter. Subd.4.Procedure. An application for a conditional use permit shall be in writing signed by the owner of the land for which the conditional use permit is sought. The procedures applicable to an amendment of Chapter 2 of the City Code, including notice and public hearing, shall be required prior to the issuance of a conditional use permit. Subd. 5. Revisions and/or Changes. A. Major Center Area 1. Minor revisions and/or changes in site or remodeling plans on which the granting of a conditional use permit has been conditioned may be approved by the City Planner if they are required by engineering or other circumstances which were not foreseen at the time the conditional use permit was approved. 2. Major revisions and/or changes in site or remodeling plans on which the granting of a conditional use permit has been conditioned may be approved by the Council only pursuant to the procedures applicable to an application for a conditional use permit. Any change in a site or remodeling plan the cost of which change shall exceed 10 percent of the market value of the land and any improvements thereon, for which a conditional use permit has been granted, as determined by the City Assessor shall constitute a major revision or change. B. Historic Properties. Any revisions and/or changes to site or remodeling plans after a Heritage Preservation Site Alteration Permit has been granted,shall require approval by the City Planner and comply with Section 11.05, Subd. 5 criteria. Subd. 6. Cancellation of Conditional Use Permits. Unless otherwise specified by the Council at the time it is authorized a conditional use permit shall expire if the applicant fails to utilize such conditional use permit by obtaining a building permit or otherwise within one year from the date of its authorization. Subd.7. Conditional Use Permit Required. It is unlawful for any person to engage in a conditional use without having first obtained a conditional use permit therefore. SECTION 2. City Code Section 11.41 is repealed in its entirety. SECTION 3. City Code Chapter 1 entitled"General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. SECTION 4. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 21st day of May, 2002, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 21st day of May, 2002. Kathleen Porta, City Clerk Nancy Tyra-Lukens,Mayor PUBLISHED in the Eden Prairie News on the day of , 2002. STAFF REPORT TO: Community Planning Board FROM: Scott A.Kipp, Senior Planner THROUGH: Michael D. Franzen, City Planner DATE: May 10, 2002 SUBJECT: City Code Amendment of Section 11.41 Conditional Use Permits for Historic Property APPLICANT: City of Eden Prairie REQUEST: City Code Amendment to allow for the issuance of a Conditional Use Permit for historic designated property for office and commercial uses in the Rural zoning district. Staff Report—City Code Amendment of Section 11.41 Conditional Use Permits for Historic Property May 10,2002 BACKGROUND Within the City there are publicly owned historic designated properties through local designation or the National Register. There are also many historically significant privately owned properties that will become locally designated in the future. The City code indicates that it is City policy and purpose to preserve,protect',and perpetuate the use of these sites and structures for prosperity, education and welfare of the community. An adaptive reuse can provide the economic means to preserve historic designated properties. Examples of adaptive reuse include: professional offices, restaurants, bakeries, cafes, coffee houses, ice cream parlors,retail shops,bed and breakfasts antique shops, museums, art galleries, etc. As a tool for adaptive reuse, an amendment to Section 11.41 Conditional Use Permits is proposed to allow for the issuance of a conditional use permit for historic designated property within the Rural zoning district for office and commercial uses. CITY CODE—PERMITTED USES,ZONING,AND CONDITIONAL USES Permitted Uses City Code allows the following permitted uses in the Rural zoning district: 1. Agriculture, accessory and related uses 2. Public facilities and services 3. Single-family dwellings of not less than 10 acres (5-acre minimum as of July 6, 1982) 4. Commercial stables 5. Golf courses 6. Antennas and Towers To consider adaptive reuse as a permitted use, a guide plan change and zoning would be required. The implications of this approach are as follows. • A guide plan change to commercial or office creates the potential for land use incompatibility. • Rezoning to commercial or office could result in spot zoning inconsistent with the surrounding area. • A change in reuse could result in another rezoning of the property. • Rezoning could result in land use incompatibility with surrounding uses. Conditional Uses Currently,the City Code allows conditional use permits only in connection with restricted temporary uses of existing houses in the Major Center Area(MCA)PUD and defined by legal description. These homes can be used for commercial and office uses until such time that the land is ready to develop consistent 2 Staff Report—City Code Amendment of Section 11.41 Conditional Use Permits for Historic Property May 10,2002 with the guide plan. Amending the City Code to allow conditional use permits for historic designated property for office and commercial uses in the Rural zoning district will allow the reuse of these properties without having to change the guide plan or rezone the property. The code amendment provides the necessary limitations and standards to insure the use's consistency with the character,uses and activities in the rural district: • Permitted uses are limited to business and professional offices, and direct retail sales of goods and services. _ • Conditional use permits shall be for a period not in excess of three years. • Applicant must demonstrate that the historic characteristics of the property cannot be maintained reasonably and economically unless the conditional use permit is granted. • The property must be designated by the City as a Heritage Preservation Site or listed on the National Register of Historic Places. • The property must be adequately sized to meet the proposed use. • The property must be in conformance with all applicable building and fire codes and ADA requirements. • The property must be in conformance with all State and County health regulations. • One advertising sign is permitted not to exceed thirty-two (32)square feet, and six feet in height. • Site improvements must meet the City's historic preservation standards and guidelines. • Applications for conditional use permits shall be reviewed by the Heritage Preservation Commission. • If an application is reviewed by the Heritage Preservation Commission, and approved by the City Council, applicant shall receive a conditional use permit. Applicants shall also obtain a Heritage Preservation Site Alteration Permit pursuant to City Code. A Heritage Preservation Site Alteration Permit is required to make any change in,on,or to a designated Heritage Preservation Site. The Heritage Preservation Commission reviews all permit requests to consider effects of projects on historic properties. The Secretary of the Interior's Standards for the Treatment of Historic Properties provide the basis for decisions made by the Commission,as referenced in City code, Section 11.05. STAFF RECOMMENDATION The staff recommends that the Community Planning Board recommend approval of the code amendment to the City Council. 3 17 CITY COUNCIL AGENDA DATE: 5/21/02 SECTION: Public Hearings SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development Donald R.Uram Heritage Preservation Site Alteration Permit John Gertz Requested Action Move to: • Close the Public Hearing; and • Approve Heritage Preservation Site Alteration Permit#2002-01-0004 Synopsis Pursuant to City Code, Section 11.05, Subd. 5,permit review,the Heritage Preservation Commission has reviewed a request for a Site Alteration permit for the Riley-Jacques Farm for relocation to that site a ca. 1850's log house to be restored by Dan Herbst, President of Pemtom Land Company for Mr.Herbst is proposing to restore the log house at his expense, after which he would give the house to the City for recreational/historical use. Background The Heritage Preservation Commission reviewed the request at its March 18,2002 meeting and recommend the City Council approve the Site Alteration permit. The Parks, Recreation and Natural Resources Commission approved the proposal at their April 1, 2002 meeting and have since met jointly with the HPC to discuss future use of the log house and farm for City use. On May 9, 2002 the Board of Adjustments and Appeals approved the variance request for moving the building to a site at Lake Riley Park(Riley- Jacques farm). Attachments 1. Staff Report dated May 15,2002. 2. Letter from Dan Herbst dated March 14,2002 3. Proposed Site Plans 4. Area location map 5. Photograph copies f MEMORANDUM 0 To: Mayor and City Council From: John Gertz,Historic Preservation Specialist Through: Michael Franzen, City Planner MOM Eden Prairie Date: May 15, 2002 Subject: Dorenkemper Log House Move to Riley Lake Park Dan Herbst, President of Pemtom Land Company has offered to move and restore for City use a ca. 1850's log home. The log house was located in Mr. Herbst's Settlers Ridge development at 8925 Pioneer Trail. The house was moved from its original site on March 13,2002, and relocated to the Riley-Jacques Farm historic site for storage. The historic farmstead is located within Riley Lake Park and offers a suitable,permanent site for the Dorenkemper house. Mr. Herbst is proposing to restore the log house on site and upon completion deliver it to the City for use as a recreational or interpretive site. On March 18,2002, the Heritage Preservation Commission(HPC),reviewed plans to relocate the house to the historic farm, and pursuant to City Code,recommended the City Council approve a Heritage Preservation Site Alteration Permit. The HPC concluded the house represented a valuable historic resource and its presence and use on the site would be consistent with the approved adaptive reuse plan for the Riley-Jacques farm, and if properly sited and screened would not have an adverse effect on the existing historic farmstead. The Parks,Recreation and Natural Resources Commission(PRNRC) considered the relocation of the Dorenkemper house at their April 1, 2002 meeting. The PRNRC approved the proposal to restore the log house in Riley Lake Park for use by the City for recreational programs developed in conjunction with the HPC. On April 15, 2002,the HPC and PRNRC met jointly to discuss program use of the Dorenkemper house and will continue to work conjointly throughout this project. The location proposed for the house was selected because it offers reasonably close proximity to existing buildings,parking,trail, and vegetation which provides screening to help delineate the existing farm buildings from the log home. Current plans do not include the need for utilities, since the restoration would be based on a ca. 1850's time period. Electrical service will be installed to provide security service and auxiliary lighting. Site improvements will be minimal with restoration of the site to include native grasses,ADA accessible trail and possible wooden fencing. These site improvements will also be provided by Mr. Herbst. Programming for the log house will be integrated with the overall program for the Riley-Jacques historic site. The farmstead will see additional improvement in 2003, after which the site will open to a regular schedule of programs and events. The Pemtom Land Company 7597ANAGRAM DRIVE EDEN PRAIRIE,MINNESOTA 55344 (952) 937-0716•FAX (952) 937-8635 March 14,2002 • • Honorable Mayor Members of the City Council of Eden Prairie Community Planning Board Parks,Recreation and Natural Resources Commission Heritage Preservation Commission RE: Dorenkemper Log Home • • HISTORY: Settlers Ridge originally consisted of four tracks of land owned by Alex and Irene Dorenkemper,Bruce and Diane Myrvold,Richard and Carol Vogel,and the Klein/Peterson families. All of the owners passed on to me various historical features about their land. During the planning process of this new neighborhood, Councilperson Sherry Butcher indicated to me the important archeological features, including Indian Mounds,on the site and the significance thereof. An extensive.research and collection of artifacts followed. Those artifacts are presently stored at the Minnesota Historical Society building in St.Paul. During the submission process to the City Council, Councilperson Ron Case pointed out the potential of logs in the Dorenkemper farm home and requested that during the demo process,that the logs be exposed first and then photographed. It was during this process last fall when John Gertz came to witness the exposec-logs with me that I realized the historical assets that existed in this home. • PROCESS: Since the property bad been sold months prior to the inspection, it was necessary if we were going to preserve this home to.locate the home to another site. The City has offered the historical land adj.acent'to Lake Riley. Using resources that John Gertz had in his file,we were able to have a log restoration specialist prepare an estimate to restore the logs and replace the damaged logs. Further, after the suggestion of Mr. • Gertz,we contacted several moving companies and secured a contiact to have the home moved to the site mentioned above. That move was completed during the early morning hours of March 13,2002. PLAN: Subject to the approval of the City and its Commissions, I am committed to prepare a restoration plan. I will commit to the fulfillment of this plan to include the replacement of the damaged logs, replacement of the roof and windows and to place the home on permanent footings on a site approved by the City. As soon as this plan is in place an estimate of costs will be completed and bids secured to complete this work. .—� March 14,2002 Page 2 At the time the final estimate of costs is completed,I will extend my commitment beyond this letter to a personal guarantee,if necessary,to have the work completed. I have learned through my 33 years in the housing and land development business to have this plan completed in a timely fashion, and deliver to the City if at all possible a finished product by the end of the 2002 calendar year. I would respectively request that the City lend me the services of Mr. John Gertz to consult with me to prepare and execute this plan. I am honored to be able to undertake this task with the goal of creating a permanent asset of historical significance for the City of Eden Prairie. I will proceed with this process as soon as the appropriate approvals are granted from the City., Please advise if there is additional data that you may need to grant these approvals. Sincerely, THE PEMTOM LAND COMPANY /C/tit At" Daniel J.Herbs )1 d/ President _ • Area Location Map - - Variance Request #2002,4)5 . ng!-,,'.t•E"-'i?-'8,'-=..-;,;-,.r„7.*t-,,,,j,--7-4,.,sx,...v%,i,_4---t-:z..--.c 1„'1,,'.'7..,..',-^-et,--;4.2•.'..1-_4,x"„-.--›.-4-4.-...4'7,-1.....'-,_..„7s-r 1.1o'-.%'__:,,4.,M1,4,-.J,r4-.',-h..:.-_,,.f....-..4K4.A.0,.-.-..,.,'',.--,.)---?-.-,:.-.:.34i4...:i.-'.--.--:,s-:-:::•:,-,.'..,4=..,-7?,".„.,-.;.-:..-1;,,.,4.-''4:.t.:,-,'f/;1."v71.,,",,4-,.k.:..„..,.-..,.,.::,,.,,1,,A..i,.„.f1„-,-.l,_-:4.4'..t,l•Ti...14i,.1t..-.i.„-.-o'.kl,4..:r.s.,:„: ,.-"..,--',,s.,i,•--:,,r.,=-..:-i,,,„..•---,,._ ;e.:i"s-''„.''5,',.•.-i/f,v'4,,,•4'v.t.,,-4;-i-.,7.tW.,-C?,..,_,--1_,„fiv.:-t,7_,,_:-,:2:54.:.,'-,,.7g*-.,.-!.,',.---.=..r--„=..-..,„..i.,,-',,y-.,.i..4-.r.s f.,,,?,3i.,",,._,t.-7,k._s•-_,7:.'.'4,.I;.:4,,.:,,.,4;'-,',„-f-.,,,..I.-.1.i 0_,;-.,:;,-1-11k„_C.`4.'„,.-.-.1-7-,A,.;5r_...,-,-2,'r-.:,.--.',-.,,-'w--..'-e-f.x-;.-'i,s-„0tr7.7.,.4g_i4-.A.-,i--L.F:-';.-17.:4--.',fr.z'-,.`!,:-4.1'..'.':3.•.'.--,-.,.'-'-,,--'':-.''1 4,1-,-,'A""1-4,'-:1,/--,r-^'',.,-,,.--*--.,,.-.h:.,-,-..,--,4'-.4i.-,-.:..,---.,.,---,..,'/.A,,..,....4 4.4-.,k••,--- '4•..*,.I--'.-z•.;4,:'•.-,.1...,./Y-'"i=.,‘iF'.t0---..4L-;x0.-y:'k-.'-'4.4'..tl.4.--.'..4-?.1-,'=77i.:':'4-.tF 4.'.F 5::_.-N,,,4,,.-4.'-',-•-•,,.;,.--(5.-''"_•,";'--'1•.'!•.r.'-.v].".-.'.-4.-0'.ct-,.;-.1'--:.t,1"-,.e,-:;„j4''.,.14--W-:.,41-a4,,-t.-=:1%"-:s,-4-,74i2"-..„-47-4",-.-4-,,..-•-..-,1.,N"L,-:,-„_i"‘2-,e 4.A1l-,-.,,-,0:-fs-k,.,;4 7;-a...t.''---=.,_1 35:-.4--;.:.,:•;,1r,,_.;(;._r,..:,4-'Tg-,3 1.1,1yr_.-K,.-7-n,1'.-_-.,:.k,--V._,.=a....,.-.-.:,,,W-,.-.e..7-..,".,s,.ii' - i 4- . z : vc g - ',, 51 1-....-f,..-...1-..,-i.„..2tt-s47.,,..5-l_-.:,43T.k‘,.4.'C.re4:;.S4.-._-17,..'ri',.:.,`._,-.,-.-f1..-,c:44,5;f._1,.,::t4.._4--sze....,-„,-e,.-,„--,,i-.•..---'..1,.,i,-.'.4 n-..4„,.;:-•--,g,-,,,-,.7-i.,--',;„,A1,,.-„t,,,p,,4„.7:.,,7,-:e„,,V,,t.,-..;,-.1;--t,_,.1.*,.__:-,,‘0--,=.-,,_,.-X-:,.=-=--,,,-,,_..n,.,.,.,-:..,-,.....-.-,,-1;_.1;.;.-;.=,'.,h.'.,,x„-,-.-"-:--.,--,.,f,.-.-....-,.„.7;,'4-,q,-,,,?...-,,;;,1:..,.,-.:s,is 4,-,s.,4..:7f74 r--..,-••f,.-;,.,.'-:,:'t,-x-e:.7,!t.,.-M,;.4..,,,7,,'‘'wI-":.,t.-x.,-/.,,,a'-„..,•/-.:.-',,7:;..;,'11,..r:-'-::,.•7'.-.1;.i.-..---':1,:.!14t!:r..:f-It,,..-•i;,1.k!/.•,.,;„c---';Z-,P1.7;,-.R.,1.:-rI..xii-,:•.-.--.,.-r•.-.-...:--;."4".,.f`.--,-:Ti-,.,.-4 e 7,4',"..'.;,'1k.,4-,q;1•-..-,,;-,_4*;,,24.4-:.,-1rs,-.,....-,7;1.-•..-;,-.:',4I-X,-'..zt,-,7.,.:,1.;;.is„,.s--•.„i-g,t--I z?7.•;,wt:-,--t7.•4-:-.•,,--..;-9 14 "4f .* , 4 i ; . 1. ; . . 4. \ , , -: - 4,. . . , 4.:;„'-- i• ;, . 4'-ri•tr,i_;,,-.•,.,.,-.,....1.1.,,i 7...s... .`-`-',',1-2_•.,4')!-T14-170,14",,-•-i-‘ -'• :`,",•, -,;.;•:'--.-%".4;•,,-;x?.„ P ";1 i."!:: .4-•'.`:::::.• •Itrq.,:;:--:!1,'r'-f.,:ili-g*•:- .1 ,-" ‘ 1.-:,,,.'...47-*--1 Jk. = '1‘‘*1•-:.e.t zr- .'''; 11t1,1-:_i-,- , ,:...-,---:1,4 -4:1, --*. w:.'4?. i ,'; .; ,.,,„:„.-...i.,...-,,- :'-4--,,,.--....,'"-Ii.,.. : '•': . •/ -•-•-•--•-•,"1"• -' ••= •''-'0, ' •'',ANr-"•".•••••, '• , ' :4. i" ..,.:,,"•:-••••••.:4`'-.1• ":7.-1,.‘114 ,"1-•.1":-,, •f,•-., ...„,-,iv . t,,,,i,1,,. ,,,:-..,,=7,7.t ,- - . -',,,,,: . ..,,.-,.. ..- -; -- - i;',.,17,...,,--4,-..r, -;.,,,'',i,,,,'.. =..,-....=,4,, 1 Y.-;-- .=-, -?. --.--,,-,,.i-; ."--%----, ..:1 ,-.11-7,4s;e, ,.,-5.,', ._-'- - ..., ,- ---,7...,....: 1,1-r ' '-.'"' :-‘,", " -,,•-'' ,z!!„-IrrygT...4--.1"A '.' ' '-,:';-'.,i - •-...•'''--4', -' ••f...- - • --' 7',-,, s=, ,,',.4.-.4r1.,-.-,,-4,„4' ,;.-4,1,1.4. ,*1".V 7,:,4,, s}ir-:7e4'..77.4,e,4Xt;:"14,,,,,' '''','71,„,,,,•'7 ' ''-7.., 7..-:,`,. -7''.4-4, ^.".--••'.. '' --- ,.r' ,'''.- :'-,- ' - .."111= V",- ':.jol .:-' -:-...1.".<•,- :1 -,:.:.4-,- '4--. ,'1'.-.7'7,411.47t. '1,-.".. , : t.... .:t.''..-:--ly.,,,'7,, , 7ic-..,7" ..' :7t.: '''' .. ''''7,7 7,..7.;7',,,,,, .74.•.;:7 ,,:74:,‘,., '771, '-'t 7.,... ...• . ,,,,,-71,,.,ri,,,t,.;;,,,,i,;v::,7.,.,iL ; ,. ,,,,,, .; ,. ,,,.,z;,„, . ..,4 -7"r",, ,t 'Li.Irt7-4,2„:;t.'A",71'1:17;,`":,;`'',"ls'7:47f70.' '.''',.''''7,'' '''''' '-i-Tt • ' -.'"'7,,,'":' 7. .47.'"1"4:1,77,:i7:' j 7:;'1?'1., ;,•-•,, :-.... --,,,,,or•,••••,,,,*...i „--.0, ,,..; irtr,,,;:,- .,,,,,f,i,..r..,....,..,7,:.•,„,,,...f,..4 ',-.11,,,'::,,-''''4,:t--•'z-',.-',....'q,',0;--,.,....,4„2,1;'11 'ati 1X;j,r A.V- w„...-.., ,,, ,,•:;,.,4,,,,„14:=:...- ,F.;,•,4,,-;;;Vi•V,T.-';*:.•,,.'•-•‘.';,";!. .-1:4•.•,41.:R? ....t.. - —'------Q-"•-•-•1-,•-• --e...r.-...e.L..2,57E.,.;:,,-..fr- '--.,-;:`,:t".-",---,-,......:;--,- .-,,,,k7-••fr•,..,,,I.,,, ,:•••-•r.4. -.3:110.4,.,, . --,,,,,,,, ,- r.,• . ..*„.„.,.A,,,. , , *I'''':t.„,.:%it,,'',',.' 1'.“N;;,`;,,t•r.'•- ' :‘:..' •:'': ',-;,-C14".1'17.4.26:* ''s \N-:"7i. 4 ,),- I. •,, 4 /3•,") ,•,,' "•••••""S•.-..•4•", t;-,/•:.! • ••., ..•-•I,i,-0 Z',17.,• -"7-, - 7,'.:07,7.t...e4 ,tx }, • 'F4t.• ..-‘1K s-,:ityf'''.' 1 -r<2...',s.;:..l->-*-'.- \:41,..41'. .'':•-;-...t`..-.%7.:4;..1 2.f.::,:.*--"(-)::',1 ',..:.•`',X'''14;,,d.i'''';‘..1',-P ''': -,•''''''.;/.15,A. -if:rr,•,,.„' :.. ,. .4,).1,;,, .,‘.,.,,,,v„,„;.„--..---- V-it'., .:.'.:..':„,"1`.1,j'"; '.., . -, 11:Y...-1,-• 4,%,,'..N144,&'14 •11.1 \,,,,j,./....tri;,•,,ii.,. ..t..,.'• ri;4-t.•"-c-,..-;,',:i.•:$0.-t1,17r.:Alli G L i;:cf,:'..0..-,--,." i,..•1..:,,z•.:••:t.;• 'A .'4,4-01"A' , ,% ,I I-(1 T•r4,1••.4","0.1.5•,••4.,*/..t,.;,•:,•,...Y•"Z•i-NIP'4•‘-,e,*-0‘'.1;4 AO ''"',:" . ' ' ::-,,' .' • '^-;,`,1-61. I 1..77 Vs/ ' '4 i' ' 'I J.t ' '4•, ,.4..-,.1 x *..",-''1-411..477,Z,4,, ".7777.0.'.7 , I, -- T DIJ,/ , ,'-i'll ' - '."1-1,44;$'tt:",7:4R,V.4:•%ft-W''' ''.9t.1 ';'`I.''''Z'PV:2 t 04'.41Z'r .,,t,'" ti V.41 ..' 7 AtTUO:41r;444441 d U ., i -.., - ,,,,,Ii74Ti*..444 ,ILY... v't.,...,.,-. ,,,,,, Ats,.. .., 7 4 -..;;,-,,,,,l',,01,0, k+17L14,.' Wk17,1II151:4'11I ":1'.1'. ' l'.3,,,L'skt44.1'444'1:,,t41,44,4,5,4,0:013,1;31:S: ;7.'1; , , ', ' I:-', , , 7/''' , ''', ,/-,,','7, ' ,,r ,i-,-' .,7 ' L'4. '1‘4;d:''...'W4 ' .41,,,,,,'131"41.ngte:-1:..1,C4r.;&•;'4-, '-'"e ': • ' . ' ', r' -._I ' ," , ;4;I0 1,• • I=•-••,• •,,k ,7:..;,:t7,4.., 4.7m,,,,•$::•••..•,,,,4„•,:att.,,,V•i/,i,,„..7.7.,'Ir,,,',,10-0 - ' .•f.t;1 <",„`'.j•;""•'• VI'.'•!'-',',X,1.1Z,..;::4,!.'5?!.'..1.1C,elt. . '' 'v.,-......,,, ' ..: '.'-...,'.` . ''!'.. 1-4::"....i...'.‘'Y-," .4ivt.,,,,.-F4. ....31 -7,;;',..;•ir-'''it,7X, , . . 1•- i. ' ' `, ',:.[..," I '4 •a".,t• ,.,/A.•.‘t'-,•;•."), VR-44Z-e:.•' ••'""!..1.:Vii/,./'•""I'''','•'-'1"..1: , , - •••'•''fc; ' -,, • i• •, •.••'' ' ••;•,••1,",.!• 40';,•,,,•::,.-):1, , , •,, ,'i r' • , .t. ' .1.,, 1,4„.1;e1-) ,4•'.,..,•.••.:0)..14.1"`,• ,,,-,i. W•il.!•$7".",o--' ••••"1:V= •!4,151 el",.t• ,.......• A-v.;•f,,, ,4,0, 14; ,,,,.v...! ,,,,,,.,.,,v,Kt- 10,-!..g"., , ,-, ' , , . ,. , ti.: - --- f#4,7' 'Afrt"....tir,''''.i.rtA t•1- '..*trit:4-,, -i, nt,t9.'„, 1,v. W.,,,, t. "4:',''‘.. 7?'.44' 4707' '''A N',.'T...V tg4t1 .. '4".4'...,: , 0•:, *,--1 I,,k• .0.'" 4 '1'= '",..,, , ,r.14,k • "''-‘`'* .'- ' '' ' . ',., . '1'' . .,: 't,oti,,,s1'$,. 4, .-IN - v-4‘41N.*v-•i',t.Ti..,' j:.€ (.1.-: ` ..tivti4 ,,,N .- ' v 4, ,„,,f•. t ',t„ , t;!,•„Ar ';',' ,ri.,-,ys,-- ,... •-•". ' ,,, ,`, i...„ , If "l'i.,10kapi, . , 0, •1.;:,ti rw,', ,, , ,.,,,,_t„, . .•,,.•i i *1:04*411. •44,2-'.0-rf:A At,"We.,,r. ),,....'"ti., '4•-, 01.1'4''''' '('.‘''''51"-.1.--'1`-''''-' ti.'`"-`11;''t ,'et.k ''''''',,T..•3zi)j. 131_14.,i.i,'11* 06(f ..1,,A,">''''' ,,,1:Irzi*-1,-"-• -'?"4,,:i.t.,,' :$"•,"•• eli,-.-•=!1,9-:: =. ,;;>. --.,.;,-', .. '-"Ti',,t'';„,." ''..:t,b',-.7,4:.irt:'• s+10,946 ' ' - ' ,' = - to.-, 4•,,,,,,..,,..4,".,. r. :...,,,,,:::....,,,,...,,..., ,...,,, ;;:•--,.,,,,..-',.,4,....4.,--4,,,,f,...t t-,-„.., .7-„..,._..:7--,4 t,,,. =-:-' --- ,....,...„-, -.,:,74, -.w%-. -4.,--,.. • ,, %. ,.- 4,..4.,.. 1,1s, 441\''''IP . '''.4';''''' 'a earpa gigLfrf-t(1.`.',k2i''rii'tio--: ...,„,.., ...! .... ; 8 , ,.,,,., ‘....,t.„,,,,,,, „.., r.v .4„.. ,....,,..i,,,,„430.:,,,,i ,,_ .... .v..v.., - - ' 4= ,,,,...t. ,:,..,.-q,t, -' •.,^14...4.....• •1,--"'"•4"r-ZirT--7,.Ali i--,',4•44"4:•l' • ' ' ' • - - 1 Tir ; - 1.-'.i,',',1, :- ,..,',)-11.,'-•:,' (44.-,, -.,1:-..,!4'4.:,,;,..E.3.,4 -;:. ,,. mama -icy:. ittrfe,ARCCI,c,,,4,0, • ,, , • i7 ` Y..W.',.:.'1.,, ,fig, ;'.,. '`,,,,•2 '..1:-..41•,;",",,..nr111 go3g tz r-4 •----„*...,'-1,i‘,1.,''',,,,-4Y- ..,,,,egli, • , ' - 4.1-"S•''''tt ''- / •'' -14- 't',..."',, ., '.•••,.- 1.,1*‘.1 1.i•.1.a, - ,.. i,, ...- .....I,-,.- -4k.ittng -,-..- .4- p..itka, A::0-4, _ ' ' t71,7„"e-t, 77 '' ' '''"7.ttl''77 ii, l'-1 IW fr.,:14, .p,4-',.4,t r , , , -, - , ''''W1`, - - Air ,....•• mell r ., ,E,,,...1 .". . i . ..,-.,,,.....0. ,v,.,....,. 41 4.„.'.. -, • ,.,. _ _-,... -7...v,:-.;-21,7„. ...." „-, ,r. s...‘.• -4.-ftlVf . -*."" 1. Pe ' =1.1 1- - •-`. *qv.' -:'4.. ,- ..V._;:e-4•47-iptIT....-%;....„..:r,:.+?:.Sti'47*.,4:,---1/4;t: -; 1 .,•.41c... i'.1,. ,-,''ir-i:',4_, 4ft... :RI eYiLa - ;?..T.F174,- '•,- *-...-*4;':,.- ,..1.a. i . .,1' . N ,.t., t, ' -..-...L.A0'.7...r.,.r.A.e. 4-. 'T..,- ''''t, - - Z*44: .,4C.,Ot , ,. , -< • 0. oadi--- "t*‘"..'--41.71 --'11.' i7‘.7,4,3*' • 4.qt,4 3 ' t A..77777,7,P7 .2 S'''C't $0 ?',• 7:' 7.7 4*'likt 44. _ li• \-4,4 r - ?•-•.•-4,-_,.V-_,.... 'la"! .-:.:. ' ,,P•1 '''''' :- "•• - - .-rtrai i'i.„ -1-' -.. , , • ..----'\ ,:-%----•,--.. A:-.'0Tvi.,,-; i,,,,---''• ': - ..„ %.4•.;• .;'W si ioneez_ 'V5 t-• -4,a' -7%4,7'.-- *el-- t *7 ' '7'it 4 - "''-'.- ,. ...77-4'.7* ' J - ' . I,* *7-7-4..7'.•/'. • ,. ''• -- -- --_ - :,,:- 1§7_7.-- ---- i-'14-z,„.. -, _ "'",,-,--: ----,4,--:lv,,.. - , _. - 5 . CITY COUNCIL AGENDA DATE: 05/21/02 SECTION: Public Hearings SERVICE AREA/DIVISION: NO.: ITEM DESCRIPTION: ITEM Community Development Michael D. Franzen Guide Plan Update—Airport Element Donald R.Uram V ' Requested Action Move to: • Continue the public hearing until June 4,2002 Synopsis This item is to be continued to the June 4,2002 meeting. The final agreement between the City and the Metropolitan Airports Commission has not been completed. CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims May 21,2002 SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development and Payment of Claims Financial Services/Don Uram I X Requested Action Move to: Approve the Payment of Claims as submitted(roll call vote) Synopsis Checks 109705-110107 Wire Transfers 1533-1544 Background Information Attachments I City of Eden Prairie Council Check Summary 5/21/2002 Division Amount General 344,996 101 Legislative 1,474 102 Legal Counsel 15,677 110 City Clerk 1,480 111 Customer Service 10,740 112 Human Resources 2,014 113 Communication Services 593 114 Benefits&Training 14,137 115 Risk Management 4,329 116 Facilities 19,512 117 City Center 122,400 130 Assessing 588 131 Finance 12,500 132 Housing,Trans,Social Service 18,365 133 Community Development -11 134 Heritage Preservation 70 135 Information Technology 19,175 136 Wireless Communication 9,242 150 Park Administration 2,710 151 Park Maintenance 7,404 153 Athletic Programs 5,915 154 Community Center 19,762 155 Beaches 20,146 156 Youth Programs 5,559 157 Special Events 111 158 Senior Center 2,472 160 Adaptive Recreation 229 161 Oak Point Pool 234 162 Arts 464 163 Park Facilities 914 180 Police 19,159 183 Civil Defense 30 184 Fire 10,227 185 Animal Control 131 186 Inspections 306 200 Engineering 584 201 Street Maintenance 3,419 203 Fleet Services 21,645 204 Equipment Revolving 39,319 302 HRA Fund 75 303 Cemetary Operation 550 308 E-911 1,464 502 Park Development 2,400 503 Utility Improvement 25,198 506 Improvment Bonds 1996 252 507 Construction Fund 55,210 509 CIP Fund 27,659 601 Prairie Village Liquor 70,865 602 Den Road Liquor 138,277 603 Prairie View Liquor 79,551 605 Den Road Building 12,000 701 Water Fund 125,046 702 Sewer Fund 10,882 703 Storm Drainage Fund 31,517 803 Escrow Fund 211,604 806 SAC Agency Fund 42,000 Report Totals 1,592,574 City of Eden Prairie Council Check Register 5/21/2002 Check# Amount Vendor Account Description Business Unit 1533 12,881 WELLS FARGO MINNESOTA N A Federal Taxes Withheld General Fund 1534 2,414 MINNESOTA DEPT OF REVENUE State Taxes Withheld General Fund 1535 4,260 WELLS FARGO MINNESOTA N A Miscellaneous General Fund 1536 118,247 WELLS FARGO MINNESOTA N A Federal Taxes Withheld General Fund 1537 22,157 MINNESOTA DEPT OF REVENUE State Taxes Withheld General Fund 1538 15,265 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund 1539 8,058 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 1540 611 WELLS FARGO MINNESOTA N A Federal Taxes Withheld General Fund 1541 364 MINNESOTA DEPT OF REVENUE State Taxes Withheld General Fund 1542 360 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Services 1543 57,838 MINNESOTA DEPT OF REVENUE Sales Tax Payable Den Road Liquor Store 1544 12,000 UNITED PROPERTIES Accounts Receivable Den Road Building 109705 959 ADVENTURES IN ADVERTISING FRAN Operating Supplies Prairie View Liquor Store 109706 85 CORDES,JEFFREY Landscape Materials/Supp Reforestation 109707 286 EDEN PRAIRIE UNITED METHODIST Deposits Escrow 109708 193 GE CAPITAL Other Rentals General 109709 150 GREGERSON ROSOW JOHNSON&NILA Legal Legal Council 109710 85 HARER,KATHY Program Fee Summer Skill Development 109711 53 HENNEPIN COUNTY TREASURER-SURV Operating Supplies Engineering 109712 68 HOLIDAY INN SOUTH-ROCHESTER Travel Expense Police 109713 36,159 JOHN DEERE Machinery&Equipment Public Works 109714 42 KARNER,JENNIFER Program Fee Tennis 109715 176 LAMBERT,BOB Dues&Subscriptions In Service Training 109716 4,329 LEAGUE MN CITIES INS TRUST Insurance Risk Management 109717 35 LINDSAY,ANDI Program Fee Special Events&Trips 109718 141,536 MEDICA CHOICE Medical Bills Prepaid General Fund 109719 30 MEMA ATTN KEN SOUTHORN Conference Expense Civil Defense 109720 2,235 METRO SALES INCORPORATED* Equipment Repair&Maint General 109721 129 NEXTEL COMMUNICATIONS Pager&Cell Phone Wireless Communication 109722 172 PETTY CASH-POLICE DEPT Travel Expense Police 109723 120 PLEAA Conference Expense Police 109724 5,028 PRUDENTIAL INS CO OF AMERICA C Life Insurance Employees General Fund 109725 478 REBS MARKETING Other Contracted Services Water Accounting 109726 2,988 RELIASTAR LIFE INSURANCE CO Disability Ins Employers General Fund 109727 41 STAR TRIBUNE Misc Non-Taxable Den Road Liquor Store 109728 318 URAM,DONALD Licenses&Taxes In Service Training 109729 120 VANCLAY,BRUCE Program Fee Arts Camp 109730 532 WALMART COMMUNITY Video&Photo Supplies Police 109731 52 WHITE,NICOLE Mileage&Parking Therapeutic Recreation 109732 24 ALANGO,DORIS Program Fee Senior Center Program 109733 300 ANCHOR PAPER COMPANY Office Supplies General 109734 454 ASPEN WASTE SYSTEMS INC. Waste Disposal Fire Station#5 109735 275 BAGELMAN'S NEW YORK BAKERY Miscellaneous General Facilities 109736 24 BERG,NANCY Program Fee Outdoor Center 109737 130 BOLD,PAULINE Instructor Service Outdoor Center 109738 42 CLASEN,GLADYS Program Fee Adult Program 109739 24 CONNORS,MARGE Program Fee Senior Center Program 109740 121 CRACAUER,CLIFF Mileage&Parking Fleet Services 109741 30 DEES,JUDY Program Fee Preschool Events 109742 40 DEPARTMENT OF AGRICULTURE Other Contracted Services Water Treatment Plant 109743 100 FREY,TERRI GEIGER Instructor Service Outdoor Center 109744 1,420 GROOTWASSINK REAL ESTATE Deposits Escrow 109745 8 HADLUND,HUGH Program Fee Outdoor Center 109746 24 HENNESSEY,CAROL Program Fee Senior Center Program 109747 145 LONGTIN,BRADLEY D. Right of Way&Easement Improvement Projects 1996 109748 65 MAAO CONFERENCES ATTN P KNUTSO Conference Expense In Service Training 109749 24 MCKENNA,DON Program Fee Senior Center Program 109750 241 MENARDS Repair&Maint.Supplies Water System Maintenance 109751 644 OFFICE DEPOT CREDIT PLAN Operating Supplies Telephone 109752 226 PELTIER,JAMES Travel Expense Fire 109753 131 PETERS,SHELLY Program Fee Preschool Events 109754 182 QWEST Telephone Water Utility-General 109755 42 RECH,SUE Lessons&Classes Pool Lessons 109756 208 SPRINGER,KIP Travel Expense Fire City of Eden Prairie Council Check Register 5/21/2002 Check# Amount Vendor Account Description Business Unit 109757 500 STATE OF MINNESOTA CPV PROGRAM Dues&Subscriptions Fleet Services 109758 73 STEIN,MIKE Travel Expense Fire 109759 58 TOEWE,GLENN A. Travel Expense Fire 109760 40 TRAPP,SUZANNE Instructor Service Outdoor Center 109761 25 TUCKER,MARK Program Fee Outdoor Center 109762 50 WALSTEIN,LOUISE M. Instructor Service Outdoor Center 109763 25 WILSON,SUSAN Program Fee Outdoor Center 109764 39 ACE ICE COMPANY Misc Non-Taxable Prairie View Liquor Store 109765 505 ALL SAINTS BRANDS DISTRIBUTING Beer Den Road Liquor Store 109766 105 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Den Road Liquor Store 109767 1,244 BELLBOY CORPORATION Liquor Den Road Liquor Store 109768 10,222 DAY DISTRIBUTING Beer Den Road Liquor Store 109769 1,545 EAGLE WINE COMPANY Wine Domestic Prairie Village Liquor Store 109770 13,017 EAST SIDE BEVERAGE COMPANY Beer Den Road Liquor Store 109771 320 EXTREME BEVERAGE Misc Taxable Prairie View Liquor Store 109772 397 GETTMAN COMPANY Misc Taxable Den Road Liquor Store 109773 1,091 GRAPE BEGINNINGS Wine Domestic Den Road Liquor Store 109774 5,799 GRIGGS COOPER&CO Liquor Den Road Liquor Store 109776 22,190 JOHNSON BROTHERS LIQUOR CO Liquor Den Road Liquor Store 109777 1,460 LAKE REGION VENDING Tobacco Products Prairie Village Liquor Store 109778 7,436 MARK VII Beer Den Road Liquor Store 109779 463 MIDWEST COCA COLA BOTTLING COM Misc Taxable Prairie View Liquor Store 109780 220 NEW FRANCE WINE COMPANY Wine Imported Den Road Liquor Store 109781 65 NORTH STAR ICE Misc Non-Taxable Den Road Liquor Store 109782 3,196 PAUSTIS&SONS COMPANY Wine Imported Prairie Village Liquor Store 109783 840 PEPSI COLA COMPANY Merchandise for Resale Concessions 109785 8,890 PHILLIPS WINE AND SPIRITS INC Liquor Prairie View Liquor Store 109786 677 PINNACLE DISTRIBUTING Operating Supplies Den Road Liquor Store 109787 1,147 PRIOR WINE COMPANY Wine Domestic Prairie View Liquor Store 109788 10,107 QUALITY WINE&SPIRITS CO Liquor Prairie View Liquor Store 109789 7,962 THORPE DISTRIBUTING Beer Den Road Liquor Store 109790 205 VINTAGE ONE WINES INC Wine Domestic Prairie Village Liquor Store 109791 1,217 WINE COMPANY,THE Wine Domestic Den Road Liquor Store 109792 2,242 WINE MERCHANTS INC Wine Domestic Den Road Liquor Store 109793 1,076 WORLD CLASS WINES INC Wine Domestic Den Road Liquor Store 109794 15,727 AKIN GUMP STRAUSS HAUER&FELD Legal Counsel Airport Airport 109795 2,733 ARCH PAGING Pager&Cell Phone Wireless Communication 109796 182 ASPEN PUBLISHERS INC Dues&Subscriptions In Service Training 109797 150 CITY ENGINEERS ASSOC OF MINNES Dues&Subscriptions In Service Training 109798 1,116 COMMUNITY HEALTH CHARITIES United Way Withheld General Fund 109799 87 DEGREE,BETH Mileage&Parking Oak Point Operations 109800 180 ERMER,JULIE Riley Lake Shelter Park Facilities 109801 45 GLENROSE FLORAL AND GIFT SHOPS Deposits Escrow 109802 204 GOLDEN VALLEY,CITY OF Conference Expense In Service Training 109803 862 ICMA Dues&Subscriptions City Council 109804 1,509 INTERNATIONAL UNION OF OPERATI Union Dues Withheld General Fund 109805 1,314 J H LARSON ELECTRICAL COMPANY Repair&Maint.Supplies City Center Operations 109806 24 KAUFMAN,KIM IDR Charges General Fund 109807 102 LAB SAFETY SUPPLY INC Operating Supplies City Center Operations 109808 40 LEAGUE OF MINNESOTA CITIES Conference Expense In Service Training 109809 38 LTD COMMODITIES Recreation Supplies Youth Programs Administration 109810 162 MAAO CONFERENCES ATTN P KNUTSO Conference Expense In Service Training 109811 127 MANN,TRIA Mileage&Parking Special Events Administration 109812 926 MAROTTA,VIC Instructor Service Spring Skill Development 109813 39 MENARDS Operating Supplies Park Maintenance 109814 189 MERLINS ACE HARDWARE Repair&Maint.Supplies Maintenance 109815 1,423 METRO SALES INCORPORATED* Other Rentals General 109816 225 MINN NCPERS GROUP LIFE INSURAN Life Insurance Employees General Fund 109817 957 MITCHELL,JULIE Other Contracted Services Police 109818 120 MN BOARD OF AELSLAGID Licenses&Taxes In Service Training 109819 1,085 NILSSON,BETH Instructor Service Ice Arena 109820 32 NWF Dues&Subscriptions Youth Programs Administration 109821 20 PACK 0 FUN Dues&Subscriptions Youth Programs Administration 109822 233 PETTY CASH Employee Award Human Resources City of Eden Prairie Council Check Register 6/21/2002 Check# Amount Vendor Account Description Business Unit 109823 352 PRAIRIE ELECTRIC COMPANY Building Repair&Maint. Police City Center 109824 465 ROBICHONS THE IN-LINE SKATE SC Instructor Service Spring Skill Development 109825 175 ROTSHAFER,LINDA Outdoor Center Park Facilities 109826 153 SABRE HEATING AND AC Mechanical Permits General Fund 109827 12 SAWYER,BOBBIE Operating Supplies Cummins House Special Events 109828 90 SHERBURNE COUNTY SHERIFF'S DEP Deposits Escrow 109829 1,070 SIGNCRAFTERS INC Equipment Repair&Maint Marketcenter Reservoir 109830 1,712 SRF CONSULTING GROUP INC Other Contracted Services Planning&Development 109831 908 UNITED WAY United Way Withheld General Fund 109832 125 US POSTMASTER-HOPKINS Postage Water Utility-General 109833 320 WASTE MANAGEMENT-SAVAGE MN Waste Disposal Prairie Village Liquor Store 109834 102 WEEDMAN,NICOLE Recreation Supplies Youth Programs Administration 109835 11 WELD&SON'S PLUMBING Cash Over/Short General Fund 109836 16 WOODBURY,CITY OF Miscellaneous City Council 109837 51 XCEL ENERGY Electric Traffic Signals 109838 2 ABM EQUIPMENT AND SUPPLY COMPA Equipment Parts Fleet Services 109839 1,951 BIAGGI'S Employee Award Human Resources 109840 26 BUHLER,HOLLY Operating Supplies Ice Show 109841 100 CHANHASSEN,CITY OF Tuition Reimbursement/School Fire 109842 750 CYGNUS EXPOSITIONS Tuition Reimbursement/School Fire 109843 170 DRUG ID Conference Expense Police 109845 1,497 GENUINE PARTS COMPANY Equipment Parts Fleet Services 109846 61 GRAY,ALAN Miscellaneous Improvement Projects 1996 109847 5,760 KMC TELECOM HOLDINGS INC. Telephone Telephone 109848 24 MAYER,ANN Other Revenue General Fund 109849 10,303 MINNESOTA DEPT OF ECONOMIC SEC Unemployment Compensation Employee Benefits 109850 120 MORROW,LYNN Clothing&Uniforms Police 109851 567 PADGETT THOMPSON Conference Expense Prairie View Liquor Store 109852 6 UNITED PARCEL SERVICE Postage Water Treatment Plant 109853 3,025 US POSTMASTER-HOPKINS Postage Fire 109854 90 WILEMAN,BRET Travel Expense Fire 109855 201 UNITED HEALTHCARE SERVICES INC Employee Assistance Employee Benefits 109856 205,050 DOMINIUM DEV.&ACQUISITION LL Deposits Escrow 109857 114,324 HENNEPIN COUNTY TREASURER Licenses&Taxes United Properties 109858 150 HENNEPIN TECHNICAL COLLEGE Tuition Reimbursement/School In Service Training 109859 70 HOVIND,JANE Deposits Escrow 109860 56 MINNCOMM PAGING Pager&Cell Phone Sewer System Maintenance 109861 4,881 MINNEGASCO Gas Fire Station#1 109862 12 NESBITT,DENNY Deposits Escrow 109863 33 QUICKSILVER EXPRESS COURIER Postage General 109865 6,897 QWEST Telephone E-911 Program 109866 1,498 Qwest COMMUNICATIONS Pager&Cell Phone Police 109867 766 RADCO Capital Under$2,000 Fleet Services 109868 1,667 US POSTMASTER-HOPKINS Postage Water Accounting 109869 1,924 UTING,BRENDA Other Contracted Services Community Brochure 109870 63 ACE ICE COMPANY Misc Non-Taxable Prairie View Liquor Store 109871 605 ALL SAINTS BRANDS DISTRIBUTING Misc Taxable Prairie Village Liquor Store 109872 97 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Prairie View Liquor Store 109873 1,701 BELLBOY CORPORATION Liquor Den Road Liquor Store 109874 6,941 DAY DISTRIBUTING Beer Prairie View Liquor Store 109875 979 EAGLE WINE COMPANY Wine Imported Prairie Village Liquor Store 109876 17,187 EAST SIDE BEVERAGE COMPANY Beer Den Road Liquor Store 109877 320 GRAND PERE WINES INC Wine Domestic Den Road Liquor Store 109878 1,737 GRAPE BEGINNINGS Wine Imported Den Road Liquor Store 109879 15,783 GRIGGS COOPER&CO Liquor Den Road Liquor Store 109880 680 HOHENSTEINS INC Beer Den Road Liquor Store 109883 16,762 JOHNSON BROTHERS LIQUOR CO Liquor Den Road Liquor Store 109884 1,335 LAKE REGION VENDING Tobacco Products Den Road Liquor Store 109885 14,219 MARK VII Beer Den Road Liquor Store 109886 669 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store 109887 222 NEW FRANCE WINE COMPANY Wine Imported Den Road Liquor Store 109888 220 NORTH STAR ICE Misc Non-Taxable Den Road Liquor Store 109889 556 PEPSI COLA COMPANY Merchandise for Resale Concessions 109890 11,859 PHILLIPS WINE AND SPIRITS INC Wine Domestic Den Road Liquor Store 5 City of Eden Prairie Council Check Register 5/21/2002 Check# Amount Vendor Account Description Business Unit 109891 701 PINNACLE DISTRIBUTING Operating Supplies Prairie View Liquor Store 109892 2,845 PRIOR WINE COMPANY Wine Domestic Prairie Village Liquor Store 109893 7,502 QUALITY WINE&SPIRITS CO Wine Domestic Prairie Village Liquor Store 109894 21,836 THORPE DISTRIBUTING Beer Den Road Liquor Store 109895 531 WINE COMPANY,THE Wine Domestic Den Road Liquor Store 109896 1,396 WINE MERCHANTS INC Wine Imported Prairie View Liquor Store 109897 1,666 WORLD CLASS WINES INC Wine Imported Prairie View Liquor Store 109898 272 EAGLE CARBIDE Operating Supplies Engineering 109899 8 FLARE HEATING Mechanical Permits General Fund 109900 63 GRAY,ALAN Miscellaneous Improvement Projects 1996 109901 400 HAYNES,TRICIA Other Contracted Services Staring Lake Concert 109902 5 INTERNATIONAL CHECK SERVICES I Other Contracted Services Prairie Village Liquor Store 109903 10 MARTINSEN,MARILYN Program Fee Senior Center Program 109904 76 MEDICINE LAKE TOURS Special Event Fees Adult Program 109905 41,580 METROPOLITAN COUNCIL Due to Other Governments SAC Agency Fund 109906 1,493 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund 109907 100 MINNESOTA BOARD OF ELECTRICITY Merchandise for Resale Inspections-Administration 109908 75 MINNESOTA REAL ESTATE JOURNAL Operating Supplies Assessing 109909 6,883 MINNESOTA STATE TREASURER Building Surcharge General Fund 109910 315 MN BOARD OF ASSESSORS Licenses&Taxes Assessing 109911 25 NAPC Dues&Subscriptions Heritage Preservation 109912 6 OVERBY,JAMES Cash Over/Short General Fund 109913 1,076 POSITIVE PROMOTIONS Fire Prevention Supplies Fire 109914 15 RENEWAL BY ANDERSON Cash Over/Short General Fund 109915 75 RICHFIELD AMOCO Hope Loan Receivable Hope Loan Auto Repair 109916 385 RICHFIELD,CITY OF Special Event Fees Adult Program 109917 5 RICKETTS,LOIS Program Fee Senior Center Program 109918 324 SIEBERT,CHARLES Travel Expense Fire 109919 49 SINELL,STEVE Miscellaneous Assessing 109920 39 STAR TRIBUNE Misc Non-Taxable Den Road Liquor Store 109921 175 STOVRING,LESLIE Operating Supplies Environmental Education 109922 40 TEKIELA,STAN Instructor Service Senior Center Program 109923 5 TORNOE,JACKIE Program Fee Senior Center Program 109924 45 UNIVERSITY OF MINNESOTA Conference Expense In Service Training 109925 103 XCEL ENERGY Electric Traffic Signals 109926 2,022 2ND WIND EXERCISE EQUIPMENT Capital Under$2,000 Capital Outlay 109927 1,764 A TO Z RENTAL CENTER Operating Supplies Fire 109928 1,024 ABSOLUTE RAIN INC. Other Contracted Services Fire Station#1 109929 1,331 ACME WINDOW CLEANING INC. Building Repair&Maint. Water Treatment Plant 109930 331 AIM ELECTRONICS Equipment Repair&Maint Ice Arena 109931 89 ALLIED ELECTRONICS INC Equipment Parts Marketcenter Reservoir 109932 950 ALLMAX PROFESSIONAL SOLUTIONS Software Water Treatment Plant 109933 250 AMERICAN WATER WORKS ASSOCIATI Training Supplies Water Utility-General 109934 825 ANCHOR PAPER COMPANY Office Supplies General 109935 593 ANCHOR PRINTING COMPANY Printing Communication Services 109936 373 ANOKA COUNTY SHERIFF'S OFFICE Other Rentals Police 109937 45 AQUA ENGINEERING INC Repair&Maint.Supplies Park Maintenance 109938 6,865 AQUA LOGIC INC Equipment Repair&Maint Capital Outlay 109939 2,774 ASPEN CARPET CLEANING Building Repair&Maint. Police City Center 109940 3,160 ASPEN EQUIPMENT CO. Machinery&Equipment Public Works 109941 31,516 ASTECH ASPHALT SURFACE TECHNOL Sweeping Storm Drainage 109942 119 AUTO ELECTRIC SPECIALISTS Equipment Parts Fleet Services 109943 152 BAUER BUILT TIRE AND BATTERY Equipment Repair&Maint Fleet Services 109944 40 BCA/FORENSIC SCIENCE LABORATOR Tuition Reimbursement/School Police 109945 3,037 BENSHOOF&ASSOCIATES INC Deposits Escrow 109946 1,098 BIKE TRACK INC Operating Supplies Police 109947 275 BLOOMINGTON SECURITY SOLUTIONS Building Repair&Maint. Water Treatment Plant 109948 693 BRAUN INTERTEC CORPORATION Other Contracted Services Capital Impr./Maint.Fund 109949 291 BRO-TEX INC Equipment Parts Fleet Services 109950 1,622 BURTON EQUIPMENT INC Operating Supplies Fumiture 109951 1,317 CAPITOL COMMUNICATIONS Capital Under$2,000 Wireless Communication 109952 700 CARLSON TRACTOR AND EQUIPMENT Equipment Repair&Maint Park Maintenance 109953 7,019 CENTRAIRE INC Equipment Repair&Maint Public Works/Parks 109954 140 CHANHASSEN BUMPER TO BUMPER Equipment Parts Fleet Services Ir City of Eden Prairie Council Check Register 5/21/2002 Check# Amount Vendor Account Description Business Unit 109955 2,849 CLAREYS INC Equipment Testing/Cert. Sewer System Maintenance 109956 4,800 CLOSED CIRCUIT SPECIALISTS INC Improvement Contracts Utility Improvement Fund 109957 1,022 COLOR CENTER,THE Building Repair&Maint. Water Treatment Plant 109958 75 CONCRETE CUTTING&CORING INC Operating Supplies Street Maintenance 109960 3,453 CORPORATE EXPRESS Office Supplies General 109961 49 CRIMINALISTICS INC Equipment Parts Fleet Services 109962 309 CROSS TEC CORP Software General Facilities 109963 13 CROWN MARKING INC Operating Supplies City Council 109964 102 CUB FOODS EDEN PRAIRIE Operating Supplies Fire 109965 120 CUT&FILL INC. Other Contracted Services Street Maintenance 109966 6,772 CUTLER-MAGNER COMPANY Chemicals Water Treatment Plant 109967 4,359 CY'S UNIFORMS Clothing&Uniforms Police 109968 250 DALCO Cleaning Supplies General Facilities 109969 141 DALE GREEN COMPANY,THE Landscape Materials/Supp Park Maintenance 109970 150 DIETHELM,GARY Other Contracted Services Pleasant Hill Cemetary 109971 702 DISCOUNT SCHOOL SUPPLY Recreation Supplies Youth Programs Administration 109972 937 DIXIE CARBONIC INC Chemicals Water Treatment Plant 109973 1,889 DNR EMBROIDERY Awards Basketball 109974 225 DRISKILLS NEW MARKET Operating Supplies Preschool Events 109975 8,652 DRT TRANSPORT Other Contracted Services Lime Sludge 109976 119 EARL F ANDERSEN INC Operating Supplies Park Maintenance 109977 356 ECOLAB INC Building Repair&Maint. Public Works/Parks 109978 82 EDEN PRAIRIE CHAMBER OF COMMER Miscellaneous In Service Training 109979 2,400 EDEN PRAIRIE,CITY OF Building Capital Impr./Maint.Fund 109980 2,400 EDEN PRAIRIE,CITY OF Building Park Acquisition&Development 109981 1,841 EF JOHNSON Equipment Repair&Maint Wireless Communication 109982 6,018 ELECTRIC PUMP Machinery&Equipment Sewer Liftstation 109983 19,000 ELECTRICAL INSTALLATION&MAIN Improvement Contracts Capital Impr./Maint.Fund 109984 176 ESCHELON TELECOM INC Other Contracted Services Telephone 109985 209 EXCEL LANDSCAPING INC Other Contracted Services Park Maintenance 109986 55,210 F.F.JEDLICKI INC Improvement Contracts Charlson Area Construction 109987 695 FACILITY SYSTEMS INC Capital Under$2,000 Furniture 109988 3,750 FAMILY&CHILDRENS SERVICE Other Contracted Services Housing,Trans,&Human Sery 109989 66 FERRELLGAS Motor Fuels Ice Arena 109990 930 FINLEY BROS INC Operating Supplies Park Maintenance 109991 694 FLYING CLOUD ANIMAL HOSPITAL Canine Supplies Police 109992 630 FORD,GARY Other Contracted Services Park Maintenance 109993 240 FORDAHL,TAMARA Other Contracted Services Volleyball 109994 210 FORKLIFTS OF MINNESOTA INC Other Contracted Services Water Treatment Plant 109995 36 FUN EXPRESS Operating Supplies After School Programs 109996 1,400 G&K SERVICES-MPLS INDUSTRIAL Cleaning Supplies Water Treatment Plant 109997 60 GEBO,ROBERT L. Other Contracted Services Volleyball 109998 20,000 GREENER PASTURES Other Contracted Services Round Lake Beach 109999 1,463 GREG LARSON SPORTS Recreation Supplies Basketball 110000 1,028 GWS INC Clothing&Uniforms Prairie View Liquor Store 110001 148 HALDEMANN HOMME INC Printing Assessing 110002 9,690 HARTLAND FUEL PRODUCTS LLC Motor Fuels Fleet Services 110003 3,617 HAWKINS WATER TREATMENT GROUP Chemicals Water Treatment Plant 110004 2,522 HENNEPIN COUNTY SHERIFF'S OFFI Board of Prisoner Police 110005 148 HENNEPIN COUNTY TREASURER Operating Supplies Community Development 110006 4,631 HENNEPIN COUNTY TREASURER-GE Board of Prisoner Police 110007 5,270 HENNEPIN SOUTH SERVICES COLLAB Other Contracted Services Housing,Trans,&Human Sery 110008 413 HILLYARD Cleaning Supplies Maintenance 110009 1,048 HIRSHFIELDS PAINT MANUFACTURIN Operating Supplies Park Maintenance 110010 220 HOLMES,TOM Other Contracted Services Volleyball 110011 18,318 HONEYWELL INC. Other Contracted Services Water Treatment Plant 110012 237 HYDROLOGIC Repair&Maint.Supplies Park Maintenance 110013 29 ICE SKATING INSTITUTE Operating Supplies Ice Show 110014 73 ICERINK SUPPLY CO Building Repair&Maint. Ice Arena 110015 6,242 IND SCHOOL DIST 272 Other Contracted Services Housing,Trans,&Human Sery 110016 739 INDUSTRIAL FLOOR MAINTENANCE I Equipment Parts Fleet Services 110017 30 INDUSTRIAL LIGHTING SUPPLY INC Building Repair&Maint. Water Treatment Plant 110018 3,593 INTELLUTION Other Contracted Services Water Treatment Plant 110019 191 J H LARSON ELECTRICAL COMPANY Repair&Maint.Supplies Fire Station#1 7 City of Eden Prairie Council Check Register 5/21/2002 Check# Amount Vendor Account Description Business Unit 110020 1,876 JANEX INC Cleaning Supplies General Facilities 110021 400 JB LAWN LANDSCAPING&SNOWPLOW Other Contracted Services Pleasant Hill Cemetary 110022 904 JJ VANDERSON&CO Capital Under$2,000 City Center Operations 110023 1,133 KELLER FENCE COMPANY INC Improvement Contracts Utility Improvement Fund 110024 12,500 KERN DEWENTER VIERE LTD. Audit&Financial Finance 110025 41 KINDERPRINT CO INC Operating Supplies Police 110026 668 KINKO'S Printing Youth Programs Administration 110027 101 KRAEMERS HARDWARE INC Repair&Maint.Supplies Water Treatment Plant 110028 246 LAB SAFETY SUPPLY INC Operating Supplies Fire Station#1 110029 1,193 LAKE COUNTRY DOOR Building Repair&Maint. Public Works/Parks 110030 299 LAKELAND FORD TRUCK SALES Equipment Parts Fleet Services 110031 128 LANO EQUIPMENT INC Equipment Parts Fleet Services 110032 131 LEROY JOB TRUCKING Other Contracted Services Animal Control 110033 4,495 LIQUID ENGINEERING CORPORATION Other Contracted Services Hidden Ponds Reservoir 110034 493 LOFFLER BUSINESS SYSTEMS INC Operating Supplies Parks Administration 110035 22,979 LOGIS LOGIS Information Technology 110036 72 MARKS CERTICARE AMOCO Equipment Repair&Maint Fleet Services 110037 76 MCGRAW-HILL COMPANIES,THE Training Supplies Water Utility-General 110038 157 MENARDS Building Repair&Maint. Park Maintenance 110039 4,007 METROPOLITAN MECHANICAL Equipment Repair&Maint City Center Operations 110040 2,164 MIDWEST ASPHALT CORPORATION Patching Asphalt Street Maintenance 110041 580 MIDWEST TELETRON INC. Operating Supplies Wireless Communication 110042 111 MINN ST ADMIN ITG TELECOM SERV Software Maintenance Information Technology 110043 67 MINNESOTA CONWAY Repair&Maint.Supplies Fire 110044 178 MINNESOTA ROADWAYS CO Patching Asphalt Street Maintenance 110045 2,247 MINNESOTA VIKINGS FOOD SERVICE Miscellaneous Prairie View Liquor Store 110046 131 MITCHELL 1 Training Supplies Fleet Services 110047 814 MTI DISTRIBUTING INC Equipment Parts Fleet Services 110048 169 MUNICILITE Capital Under$2,000 Fleet Services 110049 1,737 NATIONAL BUSINESS FURNITURE Capital Under$2,000 Water Treatment Plant 110050 2,828 NATURAL REFLECTIONS VII LLC Capital Under$2,000 Water Treatment Plant 110051 545 NEUMANN,NEAL Other Contracted Services Broomball 110052 80 NORTH CENTRAL LABORATORIES Operating Supplies Water System Maintenance 110053 332 NORTHLAND BUSINESS SYSTEMS Office Supplies General 110054 192 NORTHSTAR REPRO PRODUCTS INC Operating Supplies Engineering 110055 143 NORTHWEST RESPIRATORY SERVICE Safety Supplies Fire 110056 449 OLSEN COMPANIES Equipment Parts Sewer System Maintenance 110057 84 PAPER DIRECT INC Recreation Supplies Youth Programs Administration 110058 66 PETSMART Canine Supplies Police 110059 3,926 PRAIRIE ELECTRIC COMPANY Equipment Repair&Maint Water Treatment Plant 110060 18 PRAIRIE LAWN AND GARDEN Equipment Repair&Maint Park Maintenance 110061 431 PRIMEDIA WORKPLACE LEARNING Training Supplies Fire 110062 273 PSC SUPPLY Operating Supplies Park Maintenance 110063 261 QUALITY FLOW SYSTEMS INC Equipment Repair&Maint Sewer Liftstation 110064 500 R&R MARINE INC Equipment Repair&Maint Park Maintenance 110065 6 RAINBOW FOODS INC. Operating Supplies Senior Center Program 110066 583 REAL GEM Operating Supplies City Council 110067 38 RITZ CAMERA Video&Photo Supplies Fire 110068 16,363 RMR SERVICES INC Equipment Parts Water Meter Repair 110069 138 SALLY DISTRIBUTORS Operating Supplies Afternoon Playground 110070 684 SCIENCE KIT&BOREAL LABORATOR Training Supplies Water Treatment Plant 110071 6,050 SENIOR COMMUNITY SERVICES Other Contracted Services Housing,Trans,&Human Sery 110072 107 SHRED-IT Waste Disposal City Center Operations 110073 1,873 SIMPLEXGRINNELL LP Equipment Repair&Maint Maintenance 110074 317 SNAP-ON TOOLS Small Tools Traffic Signs 110075 936 SOUTHWEST SUBURBAN PUBLISHING- Legal Notices Publishing City Clerk 110076 40 SPORTS WORLD USA INC Awards Raquetball 110077 910 SPS COMPANIES Building Repair&Maint. Water Treatment Plant 110078 11 STEMPF AUTOMOTIVE INDUSTRIES I Equipment Parts Fleet Services 110079 1,907 STREICHERS Clothing&Uniforms Police 110080 483 SULLIVANS UTILITY SERVICES INC Waste Disposal Fire Station#2 110081 236 SUN NEWSPAPERS Advertising Environmental Education 110082 119 SUPREME SALES COMPANY INC Operating Supplies Police City Center 110083 125 SWEDLUNDS Waste Disposal Outdoor Center City of Eden Prairie Council Check Register 5/21/2002 Check# Amount Vendor Account Description Business Unit 110084 743 TEMPEST TECHNOLOGY CORP Repair&Maint.Supplies Fire 110085 78 TESSCO Equipment Parts Wireless Communication 110086 148 THOMPSON PLBG Building Repair&Maint. Water System Maintenance 110087 1,710 TKDA Design&Engineering Utility Improvement Fund 110088 18,019 TOTAL CONSTRUCTION&EQUIPMENT Improvement Contracts Utility Improvement Fund 110089 10,335 TRAUT WELLS Other Contracted Services Water Well#7 110090 191 TRIARCO Recreation Supplies After School Programs 110091 185 UNIFORMS UNLIMITED Clothing&Uniforms Fire 110092 5,525 UNITED PROPERTIES LLC DESIGN S Other Contracted Services Capital Impr./Maint.Fund 110093 285 UNITED RENTALS-HT BRANCH#229 Safety Supplies Water System Maintenance 110094 1,070 URBAN COMMUNICATIONS Other Rentals Ice Show 110095 491 US FILTER/WATERPRO Repair&Maint.Supplies Water System Maintenance 110096 111 VOSS LIGHTING Repair&Maint.Supplies Maintenance 110097 180 VWR INTERNATIONAL INC Operating Supplies Water Treatment Plant 110098 460 W W GRAINGER Small Tools General Facilities 110099 639 WATSON CO INC,THE Merchandise for Resale Concessions 110100 195 WEST WELD Equipment Parts Fleet Services 110101 3,028 WESTSIDE EQUIPMENT Equipment Repair&Maint Fleet Services 110102 2,682 WM MUELLER AND SONS INC Repair&Maint.Supplies Water System Maintenance 110103 146 ZEE MEDICAL SERVICE Safety Supplies Riley Lake Beach 110104 325 ZEP MANUFACTURING CO Repair&Maint.Supplies Fleet Services 110105 1,530 ZIEBART OF MINNESOTA INC Equipment Repair&Maint Fleet Services 110106 20,113 ZIEGLER INC Equipment Repair&Maint Water Treatment Plant 110107 100 ZOELLNER,MARK Other Contracted Services Softball 1,592,574 Grand Total J-, 7 CITY COUNCIL AGENDA DATE: 05/21/02 SECTION: Ordinances and Resolutions SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development Donald R.Uram City Code Amendment to Section 11.41 Conditional )/ 4 Scott A.Kipp Use Permits /� Requested Action Move to: • Approve 2nd Reading of the Ordinance for City Code Amendment of Section 11.41, Conditional Use Permits; and • Adopt the Resolution approving the summary of the Ordinance and ordering the publication of said summary Synopsis A City code amendment to allow conditional use permits for historic designated property in the rural zoning district for office and commercial uses to encourage preservation and revitalization of the publicly and privately owned historic properties in the community. Attachments 1. Ordinance for Amending City Code Section 11.41 Conditional Use Permits 2. Resolution approving the summary of the Ordinance 3. Summary of Ordinance CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. -2002 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA AMENDING CITY CODE CHAPTER 11 BY AMENDING SECTION 11.41 RELATING TO CONDITIONAL USE PERMITS; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH,AMONG OTHER THINGS,CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA, ORDAINS: Section 1. City Code Section 11.41 is amended to read as follows: SECTION 11.41. CONDITIONAL USE PERMITS. Subd. 1. Categories of Conditional Use. A. Major Center Area 1. Declaration of Policy and Purpose. It is hereby found and declared that certain lands within the City have been included within and designated as the "Major Center Area",(MCA),and are the subject of the"Eden Prairie Major Center Area Planned Unit Development", (MCA-PUD), adopted by the Council on July 10, 1973, as an amendment to the Comprehensive Guide Plan. The MCA-PUD as well as the Comprehensive Guide Plan contemplate multiple uses, including office uses, of the lands within the MCA-PUD. Some of the lands intended for office use are situated in the R1-22 (Residential) or the Rural District and have dwellings situated thereon. Development of some of the lands within the MCA for the uses intended has occurred. Development of some of such land has not and may not occur in the immediate future because of time,economic and other constraints.Thus, use of lands in the MCA have been and are in a state of transition. The development and use of some of the lands for the purposes intended may adversely affect the use of certain dwellings for residential purposes situated on some of the lands within the MCA. It is,therefore,advisable to enable the owners of lands on which are situated such dwellings to temporarily use or permit use of the same for other purposes under proper and specific conditions to ameliorate the impact of the transition of uses within the MCA. In order to accomplish such purposes the following provisions relating to the issuance of conditional use permits are adopted. 2. Areas Where Conditional Use Permits May Be Granted. That part of the following described lands situated within either the R1-22 or Rural District may be used for those permitted uses described in Section 11.20 (Office District)hereof up on issuance of a conditional use permit in accordance with and subject to the provisions and conditions contained in this Section. c— Sec. 14,T. 116,R.22 NW-1/4 of the NE-1/4 SW-1/4 of the NW-1/4 SE-1/4 of the NW-1/4 NE-1/4 of the NE-1/4 SE-1/4 of the SW-1/4 SW-1/4 of the SE-1/4 SW-1/4 of the SW-1/4 Sec. 23, T. 116,R.22 The South 650 feet of the NW-1/4 of the NE-1/4 B. Historic Properties 1. Policy and Purpose. Certain buildings within the City have been included within and designated by the City as Heritage Preservation Sites pursuant to Section 11.05 of this chapter, or are listed on the National Register of Historic Places. The intent of this Section is to encourage preservation, revitalization and adaptive reuse of the many Historic Properties located in the City of Eden Prairie. The permitted uses are intended to promote preservation of the historic and architectural character by encouraging retention and appropriate use of existing structures as civic,retail,restaurant, personal service and office establishments. The conditional uses listed in this Section must be reviewed by the Heritage Preservation Commission and approved by the City Council after consideration in each case,of the impact of such uses upon the property,.neighboring uses, the surrounding area and the public need for the particular use at the particular location. Limitations and standards are herein established to insure the use's consistency with the character,uses and activities in the rural district. In order to accomplish such purposes,the following provisions relating to the issuance of conditional use permits are adopted. 2. Areas Where Conditional Use Permits May Be Granted for Adaptive Reuse. Conditional use permits for the adaptive use of a Heritage Preservation Site, is limited to historic properties situated within an R-Rural District. 3. Permitted Uses for Adaptive Reuse of Heritage Preservation Sites. The adaptive use proposed for the property must be a permitted use in either the Office District, Section11.20, Subd. 2(A), or the Commercial Districts, Section 11.25, Subd. 2(A). Examples include: restaurants,bakeries, cafes, delicatessens,coffee houses,ice cream parlors,bed and breakfasts,reception facilities,meeting or conference facilities,professional office uses,museums, art galleries, antique shops,craft boutiques, or retail stores or shops. Subd. 2. Standard for All Conditional Use Permits. A conditional use permit may be granted only subject to the following conditions. A. The conditional use permit shall be for a period not in excess of three years, provided, however, the Council may grant a conditional use permit or permits effective subsequent to the expiration of a previously granted conditional use permit. B. The Council finds the following: 1. The land subject to the conditional use permit shall abut on a public street. 2. The conditional use will have available to it adequate and safe supply of water and shall have available and use sanitary sewer which shall adequately and safely,without harm to other lands or persons in the area,dispose of all sanitary sewage generated on the land subject to the conditional use permit. 3. The conditional use will not create an excessive burden on parks, schools, streets,and other public facilities and utilities which serve or are proposed to serve the area. 4. The conditional use will be sufficiently separated by distance or screening from adjacent lands so that existing homes will not be depreciated in value and there will be no deterrence to development of vacant land. 5. The structure and site for the conditional use shall not be altered in appearance so as to have an adverse effect upon adjacent residential properties. 6. The conditional use will not cause traffic hazard or congestion. 7. Neighboring land and dwellings will not be adversely affected because of traffic generation,noise, glare, or other nuisance characteristics. 8. Any other conditions deemed appropriate for the purpose of protecting the public health, safety and welfare. 9. The land subject to the conditional use permit shall meet the requirements of Section 11.03, Subd. 6, Site Plan and Architectural Design Review. 10. Applicants must comply with Section 11 requirements for the district in which the property is located. Subd.3. Additional Conditions. All conditional uses are subject to the criteria established in Subdivision 2 above. In granting a conditional use permit the Council may impose conditions, including the furnishing of a bond containing such terms and provisions and in such amount as may be provided by the Council, to ensure the prevention of or the compliance with those matters specified in Subdivisions 2 and 3 hereof or otherwise as the Council may determine to be advisable or appropriate to achieve the policies and purposes of this Section. Additional criteria must be met in each of the following categories of conditional use: 4 A. Major Center Area 1. The conditional use will not be in conflict with the MCA PUD or the Comprehensive Guide Plan. 2. The conditional use is reasonably related to the overall needs of the City and to the existing land use in the MCA. 3. No permit shall be granted unless the minimum standards set forth in this Chapter relating to lands within the Office District are met,unless a variance has been granted therefore by the Board of Adjustments and Appeals. 4. There shall be no business or advertising sign in excess of 8 square feet. 5. The conditional use will not require construction on the land of, a new, or enlargement of an existing building by more than five percent of the total cubic feet of the existing building. B. Historic Properties. To be considered eligible for an historic properties conditional use permit,properties must be in conformance with the following: 1. Applicant must demonstrate that the historic characteristics of the property cannot be maintained reasonably and economically unless the conditional use permit is granted. 2. Property is designated by the City as a Heritage Preservation Site or listed on the National Register of Historic Places. 3. The property is adequately sized to meet the proposed use. 4. In conformance with all applicable building and fire codes and ADA requirements. 5. In conformance with all State and County health regulations. 6. One advertising sign is permitted not to exceed thirty-two (32) square feet, and six feet in height. 7. Site improvements meet the City's historic preservation standards and guidelines. 8. Applications for conditional use permits shall be reviewed by the Heritage Preservation Commission. 9. If an application is reviewed by the Heritage Preservation Commission,and approved by the City Council, applicant shall receive a conditional use 5 permit. However,in addition to the conditional use permit, applicants shall also obtsin a Heritage Preservation Site Alteration Permit pursuant to this Chapter. Subd.4.Procedure. An application for a conditional use permit shall be in writing signed by the owner of the land for which the conditional use permit is sought. The procedures applicable to an amendment of Chapter 2 of the City Code, including notice and public hearing, shall be required prior to the issuance of a conditional use permit. Subd. 5. Revisions and/or Changes. A. Major Center Area 1. Minor revisions and/or changes in site or remodeling plans on which the granting of a conditional use permit has been conditioned may be approved by the City Planner if they are required by engineering or other circumstances which were not foreseen at the time the conditional use permit was approved. 2. Major revisions and/or changes in site or remodeling plans on which the granting of a conditional use permit has been conditioned may be approved by the Council only pursuant to the procedures applicable to an application for a conditional use permit. Any change in a site or remodeling plan the cost of which change shall exceed 10 percent of the market value of the land and any improvements thereon, for which a conditional use permit has been granted,as determined by the City Assessor shall constitute a major revision or change. B. Historic Properties. Any revisions and/or changes to site or remodeling plans after a Heritage Preservation Site Alteration Permit has been granted,shall require approval by the City Planner and comply with Section 11.05, Subd. 5 criteria. Subd. 6. Cancellation of Conditional Use Permits. Unless otherwise specified by the Council at the time it is authorized a conditional use permit shall expire if the applicant fails to utilize such conditional use permit by obtaining a building permit or otherwise within one year from the date of its authorization. Subd. 7. Conditional Use Permit Required.It is unlawful for any person to engage in a conditional use without having first obtained a conditional use permit therefore. SECTION 2. City Code Section 11.41 is repealed in its entirety. SECTION 3. City Code Chapter 1 entitled"General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. 6 SECTION 4. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the day of ,2002,and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of , 2002. City Clerk Mayor PUBLISHED in the Eden Prairie News on the day of , 2002. ep\citycode\ch11 amend.042502 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2002- A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. -2002 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. -2002 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie held on the 21st day of May,2002; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, THAT THE CITY COUNCIL FINDS, DETERMINES, AND ORDERS AS FOLLOWS: A. Ordinance No. -2002 is lengthy and/or contains charts. B. The text of the summary of Ordinance No. -2002, attached hereto as Exhibit A, conforms to M.S. § 331A.01, Subd. 10, and.is approved, and publication of the title and summary of the Ordinance will clearly inform the public of the intent and effect of the Ordinance. C. The title and summary shall be published once in the Eden Prairie News in a body type no smaller than brevier or eight-point type. D. A printed copy of the Ordinance shall be made available for inspection by any person, during regular office hours, at the office of the City Clerk, and a copy of the entire text of the Ordinance shall be posted in the City offices. E. Ordinance No. -2002 shall be recorded in the Ordinance Book, along with proof of publication,within twenty(20) days after said publication. ADOPTED by the City Council on May 21,2002. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO. -2002 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,NIINNESOTA AMENDING CITY CODE CHAPTER 11 BY AMENDING SECTION 11.41 RELATING TO CONDITIONAL USE PERMITS; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH,AMONG OTHER THINGS,CONTAIN PENALTY PROVISIONS. The following is only a summary of Ordinance No. -2002. The full text is available for public inspection by any person during regular office hours at the office of the City Clerk: The ordinance amends City Code Chapter 11 by amending Section 11.41 relating to conditional use permits to allow the issuance of conditional use permits for historic designated property in the rural zoning district for office and commercial uses to encourage preservation and revitalization of the publicly and privately owned historic properties in the community. The ordinance incorporates,by reference, City Code Chapter 1 and City Code Section 11.99, which contain definitions and provisions relating to penalties. Effective Date: This Ordinance shall take effect upon publication ATTEST: Kathleen A. Porta, City Clerk Nancy Tyra-Lukens,Mayor PUBLISHED in the Eden Prairie News on the 7 CITY COUNCIL AGENDA DATE:May 21, 2002 SECTION:Petitions and Requests SERVICE AREA/DIVISION: IIJ M DESCRIPTION: Golf Course Proposal ITEM NO: Parks and Recreation Robert A.Lambert Director/ y, . Requested Action Motion: Move to review Mr. Christenson's proposal and direct staff to evaluate the feasibility of accommodating this request and the recommendation of the Athletic Programs Task Force within land available to the City, and report back to the Council within 60 days. Synopsis Attached to this memorandum is a letter from Mark Christianson, an Eden Prairie resident who is a PGA golf professional, who would like to enter into a partnership with the City of Eden Prairie to develop a golf center on Metropolitan Airports Commission land in Eden Prairie. The request would require the City to decide that the highest priority use for the land at the southwest corner of Spring Road and Country Road 1 is for a golf facility rather than an extension of Flying Cloud ballfields. Mr. Christianson proposes that the City of Eden Prairie would lease that land from the Metropolitan Airports Commission for a golf center, and would then enter into a contract with Mr. Christianson to sublease the property and develop a golf center at no cost to the City. Golf Course Proposal Mr. Christianson is proposing to develop a golf center that would support various leagues, extensive lesson programs and a nine-hole executive course. There would be putting greens, chipping area, and sand bunkers for practice. The idea behind the golf center would be to provide a facility that would allow people to learn the game of golf from professional golf instructors and have a relatively inexpensive local site to practice learned skills and play on a short course that would be much less expensive to play than a regulation 18-hole course. Mr. Christianson has proposed to work with the City Park and Recreation Services in expanding the golf lesson program and would work with the high school golf teams in accommodating a practice facility at little or no cost to team members. 1 City Council Agenda 5/21/02 Golf Course Proposal Page 2 Background A Citywide survey in 2001 indicated that an 18-hole golf course was the second highest needed recreation facility in Eden Prairie with a 9-hole course ranked as eleventh. Mr. Christianson notes that a concern of many public golf course owners is the number of regulation 18-hole golf courses being constructed may saturate the market, and the real need is for facilities to accommodate the number of ladies and juniors entering the game in recent years. Considerations City staff wishes to point out that the Athletic Programs Task Force has recommended expansion of Flying Cloud ballfields to include the site recommended for a golf course by Mr. Christianson. The Athletic Programs Task Force believe the City will need one additional regulation baseball field and four additional regulation soccer fields to accommodate the expected continued growth in soccer , the new interest in lacrosse, and the fact that existing facilities are over used. Staff would recommend the City Council authorize staff to evaluate the feasibility of accommodating the golf proposal either at this site or some other acceptable site; staff would further recommend evaluating the feasibility of providing the needed additional athletic facilities at other sites within the community. BL:mdd April 30, 2002 To: The Mayor and City Council Members of Eden Prairie My name is Mark Christianson and I have been a PGA golf professional since 1993. I • was elected member to the PGA of America in 1996. I started my golf career as an assistant professional at Valleywood Golf Course. I then spent 4 years at Bunker Hills Golf Club before taking a position with Spalding Sports Worldwide as a sales representative for three years. After leaving Spalding I went back into teaching golf at Edinburgh USA where my passion began to grow to operate my own golf-learning center. About 14 months ago I began to look for a location where I could build such a facility. Being a resident of Eden Prairie and knowing about the lack of public golf, I decided to pursue my project here. I am requesting that the city consider my proposal to enter into a partnership to develop a golf center. This would require the city council to lease the land from the Metropolitan Airports Commission and then sublease it to me. Currently there are three private golf facilities in Eden Prairie. The city has expressed an interest in a full 18-hole regulation golf course, but because of land constraints this would be difficult. I feel that the best location for any golf facility is on the corner of Spring Road and Pioneer Trail adjacent to the soccer and ball fields. This is a high traffic area with easy accessibility. During my experience as a golf professional, I have seen the number of regulation 18 hole golf courses grow,while the number of golfers playing the game has stayed the same. This has created a surplus of 18 hole facilities with high greens fees to make up for the lack of rounds played. The number of male golfers getting into the game has decreased slightly, but the number of ladies and juniors entering the game has increased slightly. This creates a need for a golf center that promotes the game to new golfers, but will also attract golfers of higher skill levels. This facility would support various golf leagues, extensive lesson programs and a 9 hole executive course. There would also be a designated area for the short game, i.e. putting greens, chipping area, along with sand bunkers, etc. . During this research period I was fortunate enough to meet Bob Lambert, Director of Parks and Recreations Services of the City of Eden Prairie. I am a strong supporter of the parks system and would like to form a partnership with the City of Eden Prairie in the development of this project. I look forward to discussing this opportunity with the city council. Sincerely, • Mark A. Christianson CITY COUNCIL AGENDA DATE:May 21,2002 SECTION:Reports of Director Parks and Recreation Services SERVICE AREA/DIVISION: ITEM DESCRIPTION: Proposed Process for ITEM NO: Parks and Recreation Evaluating the Feasibility of an Outdoor Robert A.Lambert Director Swimming Pool/Water Park ) ( v e / Requested Action Move to: Approve the proposed process of evaluating the feasibility of an outdoor water park, including hiring a consultant to work with a citizen's task force and City staff. Synopsis City staff are recommending the City Council authorize staff to hire a consultant that would work with an ad hoc committee of the Parks,Recreation and Natural Resources Commission and City staff to evaluate the feasibility of an outdoor water park. The evaluation would determine the type of pool that would best serve this community, the best location for the pool, the best design for the pool, the projected revenue and the projected operating costs of the pool, as well as funding alternatives to be considered for such a project. Staff are recommending an ad hoc committee made up of one School District 272 representative, one Foxjet representative, three residents at large and four members of the Parks,Recreation and Natural Resources Commission to be appointed by the Council at their June 18th meeting. Background Last year, 3,170 households responded to a survey that was sent out to 21,160 households. That survey indicated that one of the strongest supported facilities desired by residents was an outdoor water park. Forty percent of those surveyed preferred an outdoor swimming pool/water park, and most of those thought it should be built next to the Community Center. If the City Council approves of this process, the Council would then have to approve each of the following steps: 1. Review and approve a Request for Proposal for a consultant. The RFP would outline the responsibilities of the consultant. I City Council Agenda 5/21/02 Proposed Process for Evaluating the Feasibility of an Outdoor Swimming Pool/Water Park Page 2 2. Review and approve a committee charter statement that would outline the purpose statement,and the roles and responsibilities of the task force. 3. Approve a contract for the consultant,including a budget for this process. Other Considerations Other municipal outdoor water parks constructed in recent years have cost anywhere from 3.5 million to over 10 million dollars. Financing for such a large project would more than likely require a referendum. The.City Council may wish to consider delaying any decisions on funding other major recreation facilities until the"big picture"needs for all facilities is known. Staff would estimate that the entire process of hiring a consultant, appointing residents to a committee and completing the evaluation and review process would take- a minimum of six months. The recommendation of the task force may be to take an extended period of time to survey residents regarding the desire for various features of an outdoor pool, which could extend this evaluation time period. Attached to this memorandum are portions of the staff report and the consultant's executive summary of the City Survey and the Community Forum that reference the outdoor swimming pool. RAL:mdd MEMORANDUM To: Parks and Recreation Citizens Advisory Commission From: Bob Lambert,Director Parks and Recreation Services 74. Date: April 2,2001 Eden fP`i'airie Subject: Evaluating the Results of the Community Forum and the City Survey • RECOMMENDATION: City staff would recommend the Parks and Recreation Citizen Advisory Commission review the results of the Community Forum and City Survey and utilize that information'when considering requests or recommendations for park or recreation program improvements. COMMUNITY FORUM: • The Community Forum was held on October 27 and 28,2000 and involved four three-hour sessions with about 25 participants each. Each session was divided by the following ages:20-34 years,35-44 years, 45-54 years, and 55 years and older. Each member in the session was provided a computer and all computers were connected to a printer that projected answers on a screen. This provided the group with instant, but anonymous,responses to the questions from the group. These "electronic brainstorming sessions"were supervised by Doug Griffin, a consultant that uses this process for the public and private sector. Some of the time at the session was spent responding to survey questions while other time was spent responding to open ended questions regarding topics such as Major Center Area/Downtown Park,the use of the Flying Cloud Airport buffer property, whether or not the Community Center should be expanded and,if so,what facilities should be added to the Center, and what the City should do to preserve historic sites. The following are some interesting facts deducted from the summary of consolidated surveys taken from the Community Forum. • Public Information Seventy-five of 92 participants believe they are either somewhat informed or well informed about the Eden Prairie park system and facilities.. Park and Recreation Facilities Eighty-seven of 92 rate the park and recreation facilities as good or excellent. Five rate the facilities Evaluating the Results of the Community Forum.and the City Survey Page 6 • A copy of the Executive Summary of the survey is attached. The following statistics are taken from. that Executive Smrrnrnary: 0 There appears to be relatively strong support in the comaninity for an outdoor swimming pool, which is the preferred choice (40%) for summer swimming;however, one-third of the community prefer an outdoor swimming beach on a lake. Nearly 80% of the residents demonstrate strong support for the City spending tax dollars to improve water quality at Rolm 1 Lake. Based on this information and indications from the Community Forum where residents supported constructing an outdoor pool as an addition to the Community Center,the City should consider a task force and consultant process for evaluating the feasibility for an outdoor sw ni t ti g pool. Municipal Golf Course • Approximately 55% of the residents believe the City should have a municipal golf course with residents under age 55 indicating a stronger support than those who are older. Based on this information, the City should continue to pursue discussions with the Metropolitan Airports Commission regarding the use of the buffer land around the airport as a public 18-hole golf course. This golf course could be developed and operated by either the City or the Metropolitan Airports Commission. Senior Programs and Services All of the data supports the fact that the average age of Eden Prairie residents will continue to rise and those residents will expect a wide variety of programs and services for seniors. The majority of the residents support. multi generational programs and facilities; however, the older residents supported programs and facilities for seniors only. Community Center • The Community Forum indicated general strong support for some improvements to the Eden Prairie Community Center. The City Survey ranked the support for various Community Center additions as follows: 1. Outdoor water park 2. Multipurpose space for teens and youth 3. Indoor water Park • 4. State of the art exercise facility 5. Adequate parking 6. Indoor basketbal/volleyball courts Evaluating the Results of the Community Forum and the City Survey Page 7 Other facilities that received a lessor degree of support were as follows: 7. On.site child care 8. Third sheet of ice 9. Performing arts facility 10. Studio arts facility 11. Larger locker rooms 12. Family locker rooms Parks,Recreation and Leisure Services When comparing a variety of community facilities the City Survey prioritized them as follows: 1. Outdoor water park • 2. 18-hole municipal golf course 3. Expanded bike trails 4. Develop more nature trails 5. Improve water quality at Round Lake 6. Acquire additional open space Other lower supported facilities were as follows: • 7. Indoor water Park 8. Improve facilities for teen programs • 9. Expand or renovate the Community Center 10. 9-hole golf course 11. Expand or upgrade the park system 12'. Improve facilities for seniors 13. Improve facilities for cultural and performing arts 14. Renovate historic homes and sites 15. Bruld more athletic fields Based on the survey regarding Community Center facilities and overall City facilities, it is apparent that an outdoor water park, 18-hole golf course, and trails are the highest supported facilities followed closely by improving the water quality at Round Lake and acquiring additional open space.. • This doesn't mean that the City doesn't have a responsibility to maintain and improve existing facilities such as the Community Center,historic sites or athletic fields. • Communications The Community Program Brochure and the City Web site are the preferred ways for residents to access information. Not surprisingly individuals under the age of 35 show the strongest preference for the City Web site with those over 55 showing the lower preference. Evaluating the Results of the Community Forum.and the City S ui vey • Page 8 Issues and Challenges Overwhelmingly, residents demonstrate that the most important issues or challenges are: a Affordable taxes/balance of public services and property tax a Traffic congestion/inadequate road system Based on this information affordable taxes are the most important issue facing the City and,therefore, other desired improvements may or may not outweigh that concern. Conclusions Based on the results of the Community Forum and the City Survey, it is apparent that the majority of the residents of this cornrmmity believe the City should have an outdoor water park, an 18-hole public golf course, expanded bicycle and nature trails, and improved water quality at Round Lake. The most support improvements at the Community Center would include an outdoor water park, a multi purpose space for teens and youth activities, and state of the art exercise facility. Prior to making any decisions on. additional Community Center or park improvements, the City Council will be evaluating needs in all service areas and attempting to prioritize those needs and determine possible funding sources. • BL:mdd EL/Lambert 2001/Community Forum Memo to CommiRsion Profile of Respondents Gender Age Income Male 39% <35 16% Less than550K 14% Female 61% 35-44 34% SEW-df5K 19% • 45•54 30% 675K-<51001( 21% 55+ 20% S100K-4150K 25% Over5150K 21% Home Ownership Type of Home Years in Eden Prairie Own 93% Sing'.Family 74% Less than 1 Year 6% Rent 7% Townhouse 16% 1-5 Years 27% • Apartment 5%- 6-10 Years 22% • Condominium 3% 11-15 Yeats 20% Mutt Family 1%- 16.20 Years 11% • '• Other 1% 20+Years 15% Household Size Plan to Live-in Eden Prairie after Retirement• 1 Member 14% Yes,Year-Round 30% • 2 Members 31% Yes,Summer Months Only 7% 3+Members • 56% Yes,Winter Months Only 1% No 131 Not Sure 40% WIRTHLIN WORLDWIDE 3 • Executive Summary— Swimming Options • Outdoor Swimming Facilities • Outdoor swimming pool is the more preferred choice(40%)for summer swimming • • However,fully one third(32%)prefer an outdoor swimming beach on a lake - Residents under the age of 35 have a stronger preference for a swimming-beach on a lake than other age groups(39%vs.30%of those 35+) • Spending for Improvements at Round Lake • Residents demonstrate strong support•(78%)for the city spending tax • - dollars to improve the water quality at Round Lake(Strongly support 34%, Somewhat support 45%) - Renters are stronger than owners in their support of the City spending tax dollars on improving the water quality at Round Lake(41%vs.33%) • • Also,improvements to Round Lake is among the most supported actions of Parks,Recreation and Leisure Services • Residents might currently say they prefer an outdoor swimming pool because the Round Lake water quality needs improvement WIRTHLIN WORLDWIDE 4 7 Executive Summary — Community Center a Support for various community center facilities falls out as follows: Rank Suaoort Rank Points 3-4 1 Outdoor water park 2 2 Multi-purpose space for teens and youth 5 3 Indoor water park " " 3-4 4 State-of-the-art exercise faatity 1 5 Adequate parking 8-7 ' 8 Indoor basketball/volleyball courts 6-7 7 Onsite childcare • 12 8 Third sheet of ice 10 9 Performing arts facility • • 11 10 Studio arts facility 8-9 11 Large locket room. 8-9 12 Family locker room WtRTHLIN WORLDWIDE 7 • Executive Summary—Parks,.Recreation and Leisure Services • Support for various community. facilities falls out as follows: 'Rank Support Rank Paints �, "PC 8.9 1-2 Build ouldear water park 10-11 1-2 Build 18 hole munidpai golf course 1-2 3 FTand bike trails 1-2 4 Develop more nature trails • 6-7 5 Improve water quality at Round Lake 6 7 6 Acgrire'additional open space • 10-11 7 Build indoor water park 3-5 8 Improve facilities for teen programs 3-5 9-10 Expand/renovate community center • • 14-15. 9-10 Build 9 ho1e golf course • 3-5 11 ExpandNpgrade park system • • 8-9 12 Improve laci391es for senior programs 14-15 13 improve faci ties fa cultural and performing arts 12-13 14-15 Renovate/maintain historic hones and sites 12-13 14-15 Build more athletic fields WIRTHLIN WORLDWIDE 8 • -z Detailed Findings Outdoor Swimming Facilities > Four out of ten residents prefer outdoor swimming pool Outdoor swimming pool = , 40% Swimming beach on lake :. 92X • indoor swimxnlnpPool MINI Sy, Our houselhold does not • Base:n=3,074 (97%) Q1:What is your preference for swimming options provided by the cty? WIRTHLIH WORLDWIDE - 12 6 Importance of Senior Services by Age —Aside from information and referrals on senior services,older residents are less likely to say that these services are very important - • AGES Vert'Important <5 35-44 4ss4 I 5E+ Information&Referrals on Senior Services 69% 71% 70% Socialization Opportunities 55% 54% 50% NM Instructional Classes 38% 39% 42% 4a% Programs and Activities 59% 59% 57/, 11111 Volunteer Opporturdtles 60% 61% 59% 11111 Significantly lower than three other age groups • Ease:n=3,019-3,035 (95%46%) Q7A-5 How important do you feel it Is for the city to provide each of the following types of programs and services for • • seniors? WIRTHLIN WORLDWIDE 10 Community Center: ExpansionlRenovation Support IS Support-Top 2 Sox(4,5)I Average Supporti • Adequate parking• , : :' -`i. _p::_.;•:--._... s59% 3.6 Mufti-purposespace far teen&youth activities _ -' -556% 3.5 Outdoor water park 44% 3.1 • State-of-the-ad exercise facility • 39% 3.1 Indoor water park" 3s% 2.9 • Indoor basketbalifvolleyballcourts MEMINIEME 24% 28 Onslta childcare 111131119=31% 2.3 Family locker rooms AMMO=27% 2.7 Performing arts facil ty 25% Z5 Large locker rooms SESEEREI 24% 27 Studio arts facility 23% 2.4 Third sheet oflce 15% 2.1 Base:n=2919-2844(92%-.90%) Q8A:if the city of Eden Prairie were to expandhenovafe the existing Conxnrarity carder,pease indicate the extent to which you would support including each of the facilities below using a scale from 1 to 5 adhere 1 means you would not support including that facc&ty and 5 means you would sL u yty support including that fatty? WIRTHLIN WORLDWIDE 20 /0 10 Community Center: Point Allocation • Mean Points Average Support Outdoor water park 15.2 3.1 Multi-purpose space for teen&youth activities . 11.7 3.5 Top Tier Indoor water park 112 2.9 Most Support State-of-the-art exercise facility 11.0 3.1 Adequate parking 8.3 3.6 Second Tier Indoor baskethall(valleyball courts 6.1 2.8 Some Support Onstte childcare 4.8 2.8 Third sheet of Ice 4.5 2.1 Performing arts facility 4.4 2.5 Third Tier Studio arts facility 4.1 2.4 Less Support Large locker rooms 3.3 2.7 • Family locker rooms 32 2-7 No changes tofacilltles 12.4 N/A Base:n=2,556 (80%) [Total respondIng accurately between 90-110) QBB:Please Indicate below how many of 100 points you would allocate to each facility. WIRTHLIN WORLDWIDE 21 Community Center: Percentage Allocating Zero Pts No changes to facilities y,._.... = .�. `{„.. .... --88% ,oupp+"r Third street olio* .:.,.:•..:.,:.rr i'..:79% Studio artafacWty ....• .:..z: 76% Performing artsfadlity ...:...::::':• ••2 ..,.:' :.: 74% Large lodnrrooms .__ •:.c:....,;;..=: :1. :...-.. 71% onsta ddldom _ ,• •- ...'.::67% Indoor barketbawvolleybeg courts ZEZEIMINZIONIM e4% State-of-the-art exercise fadltly 66% Indoor water park jiESIERESSIIME5914 Outdoorwater park AZIMM57%' Adequate perking ._,•_-..-.- • :' �� ���L Multipurpose apace for teen t:youth activities MERMORMBEEMIn 4rA L f.11'�'n Base:n=2.55 (80%)'Total responding accurately between 90-110) 08:Please indicate below how many of 100 points you would allocate to each facility. WIRTHLIN WORLDWIDE 11 Parks, Recreation & Leisure Services: Adding, Renovating or Expanding Support B Support-Top 2 Box(4,5) Average Support • Expand Wks trails - -_;:.-c r- =50% 3,4 Dewlap mote natant trails' , - _•_-_- --- -....-..-_._..=' 3.4 improve water qualityatRound Lake 42% 3.1 . Improve fad6H reemie esforteen p , -_ - 4254. .:__ : a: 3.2 • Acquire additional open spar 42% 3.1 • Build outdoor-water parks 41% 2.9 Expandlupgrade parka/Nam 41% 32 Expandlmnovate Community Cantor 40% - 32 Build a 18 hole municipal golf coos BEIESSOMMENEM 37% 2.7 Build Indoor waist park - • __ .._ _,-.,,34% 27 Build a 9 hole muddpal golf twos - _ _•, - 32% 2S Improve fadlitieafor senior programs 29% 2.9 Improve facilities for cultural&performing atb-inirSOBSIMINI24% 2.5 Build mom youth athlete Adds iliemszeism 23% 20 Renovate/maintain historic hens sites 22% 2.0 Base:n=3,178(100%) Q9A:Please indicate the extent to which you would support Including each of the facilities below using a scale from 1 to 6 where 1 means you would not support including that facility and 5 means you would strongly support including that facility? WIRTHLIN WORLDWIDE 23 • Parks, Recreation & Leisure Services: • Point Allocation- Mean Points Average Support Build outdoor water park 11.1 2.9 Build a 18 hole municipal golf course 11.1 27 Most Support Expand bike trails 8.1 3.4 Very Strong Support Develop more nature trails 7.8 3A Improve water quality at Round Lake 7.3 3.1 Acquire additional open space 7.2 3.1 Strong Support Build Indoor water park ' 6.7 2.7 Improve facilities for teen programs 6.6 32 Expandlrenovate Community Center 5.9 32 Some Support Build a 9 hole municipal golf course 5.6 2.5 Expandfupgrade park system 5.5 3.2 Improve facilities for senior programs 3.8 2.9 Improve facilities for cultural&performing arts 3.3 2.5 Renovatefmaintain historic home sites 2.9 2.6 Less Support Build more youth athletic fields 2.9 2.6 Base:n=2.530(80%)[Total responding accurately between 90-110] Q98:Please indicate below how many of 100 points you would allocate to each facility. WIRTHLIN WORLDWIDE 24 /C"`' 1? E • � O� 153 ��" m ° A'Zs nbD o• p F c,•, a.-4 p G t "O • o1 e R In CI m 0. ia' 0 : M> s. C.; > d .s 0 m m =aO ' d� d ° da) aapf? °te ;, '' cn � o m oa ;Qt, c a N 5a @ f. " tIn0. 07 'Ali�_ a) om se m •* °.0 °'d m '0 gQ ,br., a VI1 C V• •F' o a) O•." -. CD rt cJ p -+.p Ca t t3 �1 a) �qs.��v m ca a� 83 o °" ice' o'� 0 N '-' 5 k N CD F. m m Was 3o mkb ,.., >2a) m- O„ +'•0 d Q o d o -E" y•...m'p o .0 0 4...,...4oa —m mo •- m,.Qm .� 0d � a) >,ti �•0 co coR a) oH4liH1U1}Id. tu .. 0� i:..:,• ..- :•. : - EI•ca e' Pam-, o q•EiW.E4-i+. w m.aa atea' >✓ 3 0 cad.n a0a+V I. tta)•, k 0a) mmm a) a) mdyp^. a3 �, 0vi4tcd'-8 : .d m •,., aO)2o � acD5.r-im o - dm•� cU+ om� y y � 'Gmadmi � m`RN.°ma'd� m •. cd d ° R' I a� o.5 ,-.'d q m w ai c:...... ^ ,. Cd • o ci) . � dWa , d d o of. cN 04 • +am j 4:3111' a) 0 Cd acom ea m 0 • .F+ O O. .G.5'd 'm.,' a) a>41 F•, Ca+' ,Q ra)i M O•a) 't� • •0 _, dm a) d.d +. p.d Am ,p • aat w. o t7 bo a).d•-.o A' o+4 N ' ° I1H1I c3 4' p3JpW. 0 44U ' WI io Z. a m Ul co o m c `cu'.� p. a0i 0 ,1„1„4 1WIh.1jIhI1U "1-1 :tl• rfl 1 .4.bo a) � .44.b� gqat� ai4.d -+ o m .� Woo' +' O f�, m' cd l a+-++4 to m 4+z m m m f114. . z. • m ' p ' ' cd ' ' .rd1 ar ' • m' . �'." w.oU o.. {rod.. ' 0. m O os a�) 0 4.4 ad) ccdd g o •,-."I +'a' co 0 .° o o o• D'-+ g ° m o;d VtP!c �' am si'd .0o V m. Ali • 04 0 to 0 42 0 tit 4_„.4 bn pp m alp' pi a . looggiEj ›, 0,, cdbn 0 p O m.I' a] a)., ,_,40 o N'cl a) m -:-1xi m O:I-4 fl4IrUlli !t ;iliJiiJU 01• o ogydd 0 g•+, oa) b d ,-. E.4 v a) .d 4) W,'4•, 0 ,•' ...-I' o V a) •m a) y am• ca ❑_0�",b m 0 W U• e'd m o o y'� ►' y..C,.N,,d d y +.�O. .pO y ° N,� -�L W y 4., ,� •r. d. � � +° d• HWadp' �° p4.. OmNy-' cd ' mma ' ai+' � H� P , W a) pk o m `n a) b., m'C�•y F•' i 0 f. +oywo y, 7,4 y a • , � o ~ a ° d "ES.~'d+2 y � R „„ as.4.. 0 4 m aiC cv r �■ , a)O.o CO m p' :� o p �p� 0 i-54'A 0' o O W o a) L...•ygpp� a. O T -I_-I r+�. ,., a).C7 d•.. CO CO m-• cd c. 0•d, F7 4 'd o. ° co E�-I R. m ca o 0—. a) D 'Sacs ..,"�. R gi °��it."-8.n a) o o� • . . -1•2 W' a) co'd,�U R,'Q.y,d bA R,a,E" o.+m W,•da) o7.a) A '18 $1 s; y d cd . ? �~ a),.d7 ° +°' y.d Wow'�t q so, N+=0 o fd, m ,-, 0 ta oI m CO r+ o z♦ 3'w 0 ° o 04 0_, d o o W d a) '� d'd — mow-.4•d a)D,•et> c2d.�'••V.,, ai R,....tk o m ,.,:N"15 Pp'a+>' 0 (0AO bf1O re al �� d0 a) m o k ca aI o d m �. , d w o„ d 2 vi"C a°) >, 3.i; d o•m 0...„, d ¢,m a)',a ''''' '= a) i' mCd u da) of ° •d•dmyiKbom '" d P., ., Tu g,q a)'C Cd.Q U °. Di �Oa 3 bD.-,, -gil • m a3 4 d O.CI CD .64 rl W Z cy c m ca ,-, • ° :.� R _o r, m b.= pop vai .� to m a p A. p �`ixt ctp_ m o a.f )O..•:-^, s:'d �x" h. � o : ° oo c > - f -, o~ '' % G � u� in r ▪.a o . = ' i .: m CITY COUNCIL AGENDA DATE:May 21,2002 SECTION: Reports of Director Parks and Recreation Services SERVICE AREA/DIVISION: ITEM DESCRIPTION:Athletic Programs Task ITEM NO: Parks and Recreation � Force Report Xi � n �.Robert A.Lambert Director , C. Requested Action Motion: Move to approve the recommendation of the Athletic Programs Task Force as • outlined in the memorandum dated May 21,2002. Synopsis: After a lengthy discussion regarding participation trends and projected increases in various sports and decreases in other sports, the task force agreed that the following facilities are needed to accommodate projected participation trends and extended use of existing fields: 1. One regulation (90 foot base) baseball field to accommodate the increasing numbers in baseball participants over age 14. 2. Four full size regulation soccer fields (beyond the two that are being constructed at • Crestwood Park in 2002). These fields are needed to accommodate the new Lacrosse program, the continued anticipated growth of soccer, and the continued strong football program. The task force also recommended evaluating needed field improvements to the existing baseball and soccer facilities. Finally, the task force recommended establishing a Citizens Committee to evaluate swimming pool needs prior to committing tax dollars to funding any athletic facility needs. The Parks, Recreation and Natural Resources Commission unanimously approved the recommendations of the task force at their May 6th meeting, and recommended that the Council delay any decisions on funding requests until information on the feasibility of a water park is completed. • City Council Agenda 5/21102 Athletic Programs Task Force Report Page 2 Background Earlier this year, the City Council appointed an Athletic Programs Task Force whose task was to evaluate the latest census data, population projections and participation and adult athletic sports to project athletic facility needs for the next 20 years, and to recommend a method of funding the development of those facilities. Task Force membership represented the following: • Eden Prairie Baseball Association Foxjets Swim Club Eden Prairie Wrestling Club Eden Prairie Basketball Association Eden Prairie School District Adult Softball Players Girls Basketball Association Eden Prairie Football Association • Eden Prairie Lacrosse Association Soccer Club Eden Prairie Soccer Association Eden Prairie Baseball Association Girls Softball Association Girls Volleyball Association Adult Broomball and Softball Programs Adult Volleyball and Softball Programs Community Education One Member Representing Citizens at large The task force spent the first meeting becoming educated as to the population growth over the last 15-20 years in Eden Prairie and projected growth rates over the next 20 years. The task force also reviewed the participation rate of the various youth and adult sports over the last 10 years, and discussed influential variables for changes to growth patterns. Task force members were then requested to complete a "homework assignment" that required them to contact members of their various associations to agree on projected participation rates of their various sports over the next 20 years based on the projected growth in population of school age children over the next 20 years. At the April 24th meeting, the task force members reported on their projected participation rates and the trends in their sports that they believe justified their projections. These projected rates were then discussed by all members of the task force and adjusted based on the number of actual school age children that would be available to participate in sports over the next 20 years, and which sports seem to continue to be attracting additional children compared to sports that had apparently peeked in participation rates. City Council Agenda 5/21/02 Athletic Programs Task Force Report Page 3 Participation Trend Projections Attached to this memorandum are charts depicting estimated participation rates for various youth sports from 1995 through 2020. The numbers listed under 1995 and 2001 are actual numbers with the projections for 2005, 2010 and 2020. Each association gave ranges of estimated participation based on a number of influential variables such as the number of facilities available, the success of local high school college and professional teams in that sport, as well what U.S. sports get strong television coverage through Olympic events or other media promotions. Although initial projections of participation were higher than these numbers in some sports, the overall consensus was to reduce the estimates to more conservative projections. Task Force Recommendation Regarding Funding Facility Development and Improvements The Athletic Programs Task Force recognized that there.are needs.for some additional outdoor athletic facilities for youth programs plus a third indoor skating rink and an outdoor pool. The major need for an outdoor pool is for a water park; however, it does make sense to try to accommodate competitive swimming lanes within the design of an outdoor pool if at all possible. The task force recommended the Parks, Recreation and Natural Resources Commission and the City Council delay any decisions on funding any major athletic program facility needs until completion of a pool feasibility study, and then to evaluate all needs perhaps in a referendum in the spring of 2003. RAL:mdd Attachments: Chart 3 0 0 m * * C lc -X o -K Is IC •x .,... 10101 Cal o olo� � 1010 0i01O.UUn1LAn1OIO EMI � CD- . INE 0 �.E 01 0 $ o Ni ` c Oaf Ol010t N i 1_ i 0i KJ1 U DEC; C Oo ; Ct) O ] Co i ct) j O i i—, c0 I N. i c7 ' Ir Cr) C7 i co � � 0 `V I LI) - i T I T T i IT- IN- i 1 I ' T- 1 (ES 110 r i 1 1 : 1 1 1- 1 S_ C N oiNJoi 010101o1L{) 10 o o.loio = 1n ' o 0101 oy o Cl) I 1 , -1-t'31 oiQQJLn ! Ni1� IN1oi0j0 0 h. oicoiOo ; - I co i0 ir' - Oo C'7 oloicoicnioicolh.' col irC'7 N , ; C'7 COi 1...,LC) to 1 t 0 T ! r T 7 T N i 1 } T '_ CO t 1 1 . i i 1 E I T . L • �- 1 I ; 1 UZ3 I ! E i I 1 I c C Tj I i I j • ! i 1 I t N} i - € j ! 4.i LO o o1o1olin1o101'01oo ` E OLO0 o . col 1 0 "0 a)- �i01 .O j N I o0 0 t E , n n1 w1 ^ ^1 I 1 1 ' N 1 1 ' 1 r ! ; I. t--• r •1i 0 O ^' r ; 0I r , ,- : '+- � 1 ! I 1 1 1 I 'j CI. f co r' ; I i 11 ! 1 1 . 1 i 1 I r � � � �; i z I i 1 . s 1 i ! , O co 1 iL'i CD CD ' I E ` •(� O % ;t . 01o33 oFoic:) 1 , LnIolao L0loio ' u) isoiolo a) - Q. Q,L E of l O ' o ` oiCJiN.. C'r) 7- iN ; a) L!') N- I 1o ' N ' d' ; . .�1001 �, { �' a oo ; CY) r- I Cfl i CO I C3) I ao N ; to 1 N 1 i T- j T- ['- i t - O � CINIoo O ! .• f ,=; 1 I 1 1Ns . 1 I i '- 2 Q .0 ' 1.� 3rs 1 1 i E ! i - 0 � .E '+- � * +_ ; I. s i ; i j i 0 ro >> O . j L)1 0) 1 N j 0 1 0 1 0 1 0 1 0 0 1 (.0 10 I LO i 0 l 0 ` L i I f' O f O E_ a -E. -- 1.; 0)iC ; N , 7j0icoiL�n � v. ico1co1co NIT- 11-- 1 i Tt U wa . � i- I O a) 1 N I ,--1 1 i 1 • 1 j = N. ; Q) D N d' j i ill jj E jjj }i i ' 0 C L - 1 s` 1 1 1 1 1 i 1 1 1 1 1 1 4-' w�'_- ; i ; I i i i . 1 I a 1 N "" co as • /i��V 3 j a I1 - _ i f 1 to [ 1 ' t own i ••r1 Ent : as C1 1 0I E ' 01Gil. 73 —1 i E 1 1 1.51 ' i 'E , i 0 01 Ff O C O (0 • 1 . - j C - 01' 01151 � z .04 1 = coi cl1 ' ' 1 4= 1 G 0 l 01QI .O N U W1 i 0.1WI . WI V)i - I -1 _ 1 = Q1v1 �i c 0" i � i OSi 0 -cQ ON 5.., i O " 1 toI to ' asi Oi o i >,1 1. LE Ni JE i L. w C] illi ! O. c 0 jaj .O .01.- � ' > 1 ali di 0i 01 4-'i CD I NI d -I1 In E.. > a� � c� QA1 i `; ti N1 >+ N ; .- cA1 Pi., 1 01. 0 v1 K1 � I �i % € >'jH Q1 U UO O .� ' oLi. # 3 * is 2/4 2 -d A2i,2. gt.47 cqr. our dna,In 2ut2rnsuon -31c dnn:in 20 S2 .add CITY COUNCIL AGENDA DATE: May 21,2002 SECTION: Director of Public Works Report SERVICE AREA/DIVISION: ITEM DESCRIPTION: I.C. 02-5564 ITEM NO.: Engineering Services Award Contract for Charlson Area Alan D. Gray Improvements—Phase II xi Eugene A. Dietz Requested Action Move to: Adopt resolution awarding the contract for I.C. 02-5564, Charlson Area Improvements—Phase II to Ingram Excavating, Inc. in the amount of $625,655.00. CITY OF EDEN PRAIRIE HENNEPIN COUNTY,NIINNESOTA RESOLUTION NO. • RESOLUTION ACCEPTING BID WHEREAS,pursuant to an advertisement for bids for the following improvement: I.C. 02-5564—Charison Area Improvements—Phase II Eden Prairie Road Bids were received, opened and tabulated according to law. Those bids received are shown on the attached Summary of Bids;and WHEREAS,the City Engineer recommends award of Contract to Ingram Excavating,Inc. NOW,THEREFORE,BE IT RESOLVED by the Eden Prairie City Council as follows: The Mayor and City Manager are hereby authorized and directed to enter in a Contract with Ingram Excavating, Inc. in the name of the City of Eden Prairie in the amount of $625,655.00 in accordance with the plans and specifications thereof approved by the Council and on file in the office of the City Engineer. ADOPTED by the Eden Prairie City Council on May 21,2002. Nancy Tyra-Lukens,Mayor ATTEST: SEAL Kathleen A.Porta, City Clerk SUMMARY OF BIDS CHARLSON AREA IMPROVEMENTS PHASE II I.C. 02-5564 Ingram Excavating, Inc. $ 625,655.00 Hardrives, Inc. $ 636,190.77 Midwest Asphalt Corporation $ 670,683.37 Bituminous Roadways,Inc. $ 722,110.60 CITY COUNCIL AGENDA DATE: May 21,2002 SECTION: Director of Public Works Report SERVICE AREA/DIVISION: ITEM DESCRIPTION: I.C.02-5564 ITEM NO.: Engineering Services Award Contract for Charlson Area Alan D. Gray Improvements—Phase II xf Eugene A.Dietz • Requested Action Move to: Adopt resolution awarding contract for I.C. 02-5564, Charlson Area Improvements—Phase II—Eden Prairie Road • Synopsis The Charlson Area Improvements, Phase II includes a temporary sewage pumping station to serve Grace Church and the segment of sanitary sewer in Mitchell Road as designated in the overall Charlson project. Bids will be opened Thursday, May 16, 2002 and "hand carried" to Council on Tuesday,May 21,2002. Background Information The Charlson Area Improvements Project was authorized by Council July 18, 2000. The estimated project cost for this extensive street and utility project was $9,176,500. The major elements of the project await easement agreements with the MAC. This proposed Phase II . improvements will provide sanitary sewer service to Grace Church. Phase II costs will be specially assessed in accordance with the feasibility study. • •