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HomeMy WebLinkAboutCity Council - 04/15/2003AGENDA EDEN PRAIRIE CITY COUNCIL WORKSHOPlFORUM TUESDAY, APRIL 15,2003 CITY CENTER 5:OO - 6:25 PM, HERITAGE ROOM II 6:30 - 7:OO PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher, Ron Case, and Jan Mosman, and Philip Young CITY STAFF: City Manager Scott Neal, Police Chief Dan Carlson, Fire Chief George Esbensen, Public Works Director Eugene Dietz, Director of Parks and Recreation Bob Lambert, Management and Budget Director Don Uram, City Attorney Ric ROSOW, and Recorder Lorene McWaters Heritage Room 11 I. CALL MEETING TO ORDER II. APPROVAL OF AGENDA III. DISCUSSION TOPICS A. Strategic Vision and Mission IV. OTHER TOPICS Council Chamber V. VI. VII. ADJOURNMENT OPEN FORUM (Scheduled participants, 6:30-6:50 p.m.) OPEN PODIUM (Unscheduled participants, 6:50-7:00 p.m.) AGENDA EDEN PR4IRIE CITY COUNCIL TUESDAY, APRIL 15,2003 7:OO PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher, Ron Case, Jan Mosman, and Philip Young CITY STAFF: City Manager Scott Neal, Parks @ Recreation Director Bob Lambert, Public Works Director Eugene Dietz, Management and Budget Director Don Uram, City Planner Michael Franzen, City Attorney Ric Rosow and Council Recorder Theresa Brundage I. ' 11. 111. IV. V. VI. ROLL CALL J CALL THE MEETING TO ORDER PLEDGE OF ALLEGIANCE COUNCIL FORUM INVITATION APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MINUTES A. B. CONSENT CALENDAR COUNCIL WORKSHOP HELD APRIL 1,2003 Cp. 1) CITY COUNCIL MEETING HELD TUESDAY, APRIL 1,2003 (p. 3) A. B. C. D. E. F. CLERKS LICENSE LIST (p. 13) LAKE POINT by Taws Properties, Inc. 2nd Reading for Planned Unit Development District Review with waivers on 10 acres, Zoning District Change from Rural to R1-13.5 on 10 acres. Location: Southeast comer of Mitchell Road and Cumberland Road. (Ordinance for PUD District Review and Zoning District Change) Cp. 14) ADOPT RESOLUTION APPROVING FINAL PLAT OF LAKE POINT Cp. 41) APPROVE PHASE 11 NPDES STORM WATER PERMIT APPLICATION AND POLLUTION PREVENTION PLAN Cp. 44) APPROVE LIMITED USE PERMIT AGREEMENT WITH MNDOT FOR A NEW TRAIL WITHIN TH 212 RIGHT-OF-WAY ADJACENT TO EDEN WOODS SENIOR CAMPUS (p. 95) DECLARE VEHICLES SCHEDULED FOR REPLACEMENT IN 2003 TO BE SURPLUS PROPERTY (p. 100) CITY COUNCIL AGENDA April 15,2003 Page 2 G. H. I. J. K. ACCEPT DONATION OF LAND ALONG RILEY CREEK FROM RAY N. WELTER, JR. (p. 102) AWARD CONTRACT FOR 2003 STREET CRACKSEALING TO PRECISION SEALCOAT, INC. 0.105) AWARD CONTRACT FOR 2003 STRIPING TO AAA STRIPING 0. 106) ADOPT RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR TH 212NALLEY VIEW ROAD INTERCHANGE IMPROVEMENTS, I.C. 01- - 5543 0.107) APPROVE RELEASE OF LAND FROM SPECIAL ASSESSMENT AGREEMENT FOR SETTLERS RIDGE 5IH ADDITION (p. 109) VII. PUBLIC HEAFUNGS / MEETINGS A. B. C. D. LORENCE 3rd ADDITION by Jon and Katie Thoma. Request for a Comprehensive Guide Plan Change from ParUOpen Space to Low Density Residential on .05 acres, Comprehensive Guide Plan Change from Low Density Residential to ParUOpen Space on .05 acres, Zoning District Change from R1-13.5 to Public on .05 acres, Zoning District Change fiom Public to R1-13.5 on .05 acres, and Preliminary Plat of 0.93 acres into 2 lots. Location: 17195 Valley View Road. (Resolution for Comprehensive Guide Plan Change, Ordinance for Zoning District Change and Resolution for Preliminary Plat. 0. 11 1) CITY CENTER PARKING EXPANSION by City of Eden Prairie. Request for Planned Unit Development Concept Amendment on 30 acres, Planned Unit Development District Review with waivers on 30 acres, Zoning District Amendment within the 1-5 Zoning District on 30 acres, and Site Plan Review on 30 acres. Location: 8080 Mitchell Road. (Resolution for PUD Concept Amendment, and Ordinance for PUD District Review and Zoning District Amendment) (p. 119) CODE AMENDMENT RELATED TO OUTDOOR STORAGE & DISPLAYS, SALES OF PRODUCE (1st Reading of an Ordinance amending City Code Section 11.03) 0. 125) SPECIAL ASSESSMENT HEARING FOR THE HILLCREST/ALPINE NEIGHBORHOOD, I.C. 98-5471 (Resolution1 (p. 133) VIII. PAYMENT OF CLAIMS (p. 139) M. ORDINANCES AND RESOLUTIONS A. CITY CENTER PARKING EXPANSION by City of Eden Prairie. 2nd Reading for Planned Unit Development District Review with waivers on 30 acres, Zoning District Amendment Within the 1-5 Zoning District on 30 acres, and Site Plan Review on 30 acres. Location: 8080 Mitchell Road. (Ordinance for PUD District Review and Zoning District Amendment and Resolution for Site Plan Review) @. 146) CITY COUNCILAGESDA April 15,2003 Page 3 X. PETITIONS, REQUESTS AND COMMUNICATIONS XI. XII. APPOINTMENTS XIII. REPORTS OF OFFICERS REPORTS OF ADVISORY BOARDS & COMMISSIONS A. REPORTS OF COUNCILMEMBERS 1. Southwest Rail Study Update - Mayor Tyra-Lukens (p. 152) B. REPORT OF CITY MANAGER C. REPORT OF PARKS AND RECREATION DIRECTOR 1. Purgatory Creek Recreation Area Plan - Completion of Phase I1 (p. 158) 2. Request from Eden Prairie Baseball Association to Share Costs for Field Improvements (p. 160) 3. Construction of Entry Road and Parking Lot at Birch Island Woods Conservation Entry (p. 169) 4. Task Force to Rename the Senior Center Facility (p. 173) D. REPORT OF PUBLIC WORKS DIRECTOR 1. Contract for HillcrestlAlpine Area Street and Storm Sewer Improvements, I.C. 98-5471 (Resolution) (p. 176) E. REPORT OF POLICE CHIEF F. REPORT OF FIRE CHIEF 1. Update on Grants REPORT OF MANAGEMENT AND BUDGET DIRECTOR G. H. REPORT OF CITY ATTORNEY 1. The Cove 2nd Addition XIV. OTHER BUSINESS XV. ADJOURNMENT UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL WORKSHOP/FORUM TUESDAY, APRIL 1,2003 CITY CENTER 5:OO - 6~25 PM, RERITAGE ROOM Tz. 6:30 - 7:OO PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher, Ron Case, and Jan Mosman, and Philip Young CITY STAFF: City Manager Scott Neal, Police Chief Dan Carlson, Fire Chief George Esbensen, Public Works Director Eugene Dietz, Director of Parks and Recreation Bob Lambert, Management and Budget Director Don Uram, City Attorney Ric Rosow, and Recorder Lorene McWaters Heritage Room II I. CALL MEETING TO ORDER II. APPROVAL OF AGENDA 111. DISCUSSION TOPICS A. Data Practices, Open Meeting Law, Conflict of Interest and Gift Ban City Attorney Ric Rosow presented information on data practices, open meeting laws, conflicts of interest and the gift ban. He said he had presented much of the same information to the new Board and Commission members at their recent orientation session. Rosow reviewed what constitutes government data and which data is considered “public.” He also reviewed a case study involving a personnel issue in which privacy laws were violated. Rosow outlined which meetings are required to be open to the public and other rules pertaining to closed meetings, notice of meetings, and discussion of non-public data at open meetings. He pointed out that the courts can consider serial communications a violation of the open meeting law depending on the individual case. Rosow explained that public officials must avoid conflicts of interest by abstaining ??om deciding matters that could result in personal financial gain or personal benefit. He reviewed which situations are exceptions to the conflict of interest .rules. Rosow said the fl ban law states that public officials cannot accept gifts ??om interested persons, lobbyists, or principals. A gift is money, real I or personal property., a service, a loan, a forbearance or forgiveness of indebtedness, or a promise of employment that is received without the giver receiving equal or greater consideration (compensation). IV. OTHER TOPICS Council Chamber V. OPEN FORUM (Scheduled participants, 6:30-650 p.m.) There were no scheduled participants. VI. OPEN PODIUM (Unscheduled participants, 6:50-7:00 p.m.) Mr. Dipak Shah said he had tried to make certain points regarding Councilmember Case’s Eden Prairie News commentary at the March 18,2003, Open Forum, but that Mayor Tyra-Lukens did not allow him to speak because his issues were not pertinent to the meeting. He asked for clarification on the Open Forum rules. Mayor Tyra-Lukens said the 20 minutes of Open Forum are for scheduled participants who wish to address topics related to City business. She also said that when participants schedule an appearance, they are asked the nature of the topic they will be addressing. Tyra-Lukens said this helps ensure that the appropriate staff members are present for the discussion. Shah said he has not seen these rules spelled out on the City’s web site or elsewhere. Tyra-Lukens said that the Council may need to clarify the guidelines for Open Forum and Open Podium. Shah told Tyra-Lukens he did not appreciate being told what he can or cannot speak about, since he pays taxes for her to occupy her post as Mayor. Councilmember Case and Tyra-Lukens both indicated they did not like the tone of Mr. Shah’s comments. Mr. Shah reiterated that he pays for all of the Councilmembers to serve, and he is not happy with the way he feels he is being treated. VII. ADJOURNMENT a UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, APRIL 1,2003 7:OO PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher, Ron Case, Jan Mosman, and Philip Young CITY STAFF: City Manager Scott Neal, Parks & Recreation Director Bob Lambert, Public Works Director Eugene Dietz, Management and Budget Director Don Uram, City Planner Michael Franzen, City Attorney Ric Rosow and Council Recorder Theresa Brundage I. 11. 111. IV. V. ROLL CALL / CALL THE MEETING TO ORDER PLEDGE OF ALLEGIANCE COUNCIL FORUM INVITATION Mayor Tyra-Lukens announced that Council Forum is held the first and third Tuesday of the month from 6:30 - 7:OO p.m. in the Council Chamber. Please note that this portion of the meeting is off-camera. The Council Forum consists 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 Department 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 650 to 7:OO p.m. is set aside for impromptu, unscheduled appearances by individuals or organizations who wish to speak to the Council. PROCLAMATIONS A. NATIONAL LIBRARY WEEK - APRIL 6-12,2003 Mayor Tyra-Lukens said this proclamation is declaring April 6-12 as National Library Week and recognizing the importance of libraries in our communities. B. ARBOR DAY - MAY 3,2003 Mayor Tyra-Lukens read proclamation naming May 3,2003, Arbor Day in Eden Prairie. Tyra-Lukens noted that Eden Prairie has been recognized as a Tree City USA for 20 consecutive years. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Under Reports of Councilmembers, Mosman added a report on transportation; Case added discussion on composition of the Clean Air Task Force; and Butcher added a report on her trip to Washington in March. 3 CITY COUNCIL MINUTES April 1,2003 Page 2 MOTION: Mosman moved, seconded by Young, to approve the Agenda as published and amended. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD MARCH 18,2003 MOTION: Case moved, seconded by Young, to approve the Minutes of the Council Workshop held March 18,2003. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY, MARCH 18,2003 MOTION: Butcher moved, seconded by Mosman, to approve the Minutes of the City Council Meeting held March 18,2003. Case clarified his intent on Page 12, under XIII.C.2., was that it was clearly decided that Council wanted the horse trough and if funding was not received, that Council would seek funding. Case also pointed out on Page 13, under XIII.C.S., that it was concluded not to approve an archery range, but if a group petitioned for an archery range or it came up in a survey, it would be considered by the Council. Motion carried 5-0. VII. CONSENT CALENDAR A. APPROVE SECOND READING OF AN ORDINANCE NO. 6-2003 AMENDING CITY CODE SECTION 11.51 RELATING TO STANDARDS 56 APPROVING SUMMARY ORDINANCE FOR PUBLICATION FOR PROTECTION OF WETLANDS AND ADOPT RESOLUTION NO. 2003- B. ADOPT RESOLUTION NO. 2003-57 APPROVING PLANS AND SPECIFICATIONS FOR LANDSCAPE PROJECT CSAH 1 (PIONEER TRAIL) PROJECT, I.C. 94-5369 C. ADOPT RESOLUTION NO. 2003-58 APPROVING PLANS AND SPECIFICATIONS FOR SOUTHWEST STATION TRAFFIC SIGNAL IMPROVEMENTS, I.C. 03-5590 D. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SRF FOR FINAL DESIGN AND CONSTRUCTION ADMINISTRATION OF TH 2121 PRAIRIE CENTER DRIVE INTERSECTION IMPROVEMENTS, I.C. 01-5527 E. AWARD CONTRACT FOR INSTALLATION OF LIME SLAKERS AT THE WATER TREATMENT PLANT, IC. 03-5591 cITYcouNclL~s April 1,2003 Page 3 F. APPROVE CONTRACT AMENDMENT NO. 1 FOR PROFFESIONAL SERVICES FOR PURGATORY CREEK RECREATION AREA G. APPROVE EARLY GRADING PERMIT FOR HENNEPIN VILLAGE H. APPROVE EARLY GRADING PERMIT FOR LIFETOUCH, INC. MOTION: Case moved, seconded by Mosman, to approve Items A-H of the Consent Calendar. Motion carried 5-0. VIII. PUBLIC HEARINGS / MEETINGS A. THE ENCLAVE 2ND ADDITION by Halley's Custom Homes, Inc. Request for Zoning District Change flom Rural to RM-6.5 on 4.73 acres, Site Plan Review on 4.73 acres, and Preliminary Plat of 4.73 acres into 11 lots, 2 outlots, and road right-of- way. Location: Southeast comer of Braxton Drive and Pioneer Trail. (Ordinance for Zoning District Change and Resolution No. 2003-59 for Preliminary Plat) City Manager Scott Neal said official notice of this public hearing was published in the March 20,2003, Eden Prairie Sun Current and sent to 103 property owners. He said this project is for 11 multi-family units. The Community Planning Board voted 8-0 to recommend approval of the project at its February 24,2003 meeting. Neal said site density for the property is 2.33 units per acre consistent with the surrounding development. He said all lots meet City code for size and dimensions. All housing units meet the setback requirements of the RM-6.5 zoning district. The property will be served by a private road. Right-of-way dedication is proposed to accommodate the fbture expansion of Pioneer Trail. There are 323 diameter inches of significant trees on the property, most of which were planted by the property owner. Tree loss is 250 diameter inches. Tree replacement is 257 caliper inches. The tree replacement plan meets this requirement and incorporated into the landscaping plan. The wooded slope in the southwest comer of the property will be preserved. The association documents will need to address the preservation of this area. Neal said the entry monument sign has been relocated to meet setback requirements as recommended in the Staff Report. City Planner Michael Franzen gave a brief report on the project. He said the reason it was decided to go with multiple family units was because of a wooded slope that acts as a natural buffer to some of the existing homes; the density is consistent with the neighborhood; and the project meets all code requirements, There was no public comment. MOTION: Mosman moved to close the Public Hearing; and Approve lSt Reading of the Ordinance for Zoning District Change itom Rural to RM-6.5 on 4.73 acres; and Adopt the Resolution No. 2003-59 for Preliminary Plat of CITY COUNCILMTNUTES April 1,2003 Page 4 4.73 acres into 11 lots, 2 outlots and road right-of-way. Seconded by Butcher, motion carried 5-0. B. THE COVE 2ND ADDITION by Rick Lamettry. Request for Planned Unit Development Concept Review on 3.2 acres, Planned Unit Development District Review within the R1-22 zoning district with waivers on 3.2 acres, and Preliminary Plat of 3.2 acres into 3 lots. Location: 6861 and 6871Beach Road. (Resolution No. 2003-60 for PUD Concept Review, Ordinance for PUD District Review and Zoning District Amendment, and Resolution No. 2003-61 for Preliminary Plat) City Manager Scott Neal stated official notice of this public hearing was published in the March 20,2003, Eden Prairie Sun Current and sent to14 property owners. He said the proposal is for subdividing two existing single-family lots to create a third single-family lot on Bryant Lake. This item was continued at the February 18 and March 4,2003 meetings. An issue raised at the Council meeting was whether the potential exists for additional subdivisions of this type on the residential properties abutting Bryant Lake. Neal said Staff analyzed aerial half sections showing lot lines and house locations for all the existing residential lots around the lake and found no opportunity for additional subdivisions. The Willow Creek neighborhood on the east side of the lake would require lots of five acres to meet the shoreland code for lots without municipal sewer. The Cove neighborhood along Beach Road contains large executive homes at spacing too narrow to accommodate additional lots meeting code for size, dimension and structure setbacks. There are some large vacant parcels along the north end of Beach Road that can be subdivided. None of which directly abut Bryant Lake. City Planner Michael Franzen presented two graphics showing that there is no potential to take two existing lots and create a third lot on Bryant and there are trees which block the view of the new house fkom Bryant Lake. He added that the project meets the lot size requirements with the exception that a wetland buffer waiver would be needed on two of the existing lots. He said this would be a reasonable waiver and Staff recommends approval. Tyra-Lukens asked if the existing house on Lot 1 received a setback waiver when it was built. Franzen said there is a section in the Shoreland Ordinance that states if there are two existing houses that are less than the normal 100-foot setback, you can take the average of those setbacks fkom the lake to determine what the setback of the house would be in between. He said the house was built on the same location as the foundation of the original house and it is in compliance with the section of the Code that allows Staff to recognize the existing conditions for setbacks. He said because the new house is in a new subdivision, it was appropriate to require the 100-foot setback. Case asked Franzen to give the definition of a bluff. Franzen said a blufTmust face the lake, rise a vertical elevation of 25 feet or more above the lake and average 30 CITY COUNCIL MINUTES April 1,2003 Page 5 percent or more across the slope. He said part of this property where the house is being built is not a bluff, but the area more towards the point is blufT. Tyra-Lukens asked on what basis Staff came to the conclusion that subdivision could not be made elsewhere. She asked if teardowns could be done on lots and third lots created in many areas. Franzen said it was determined on the basis of keeping existing houses which would not allow room for another house. He said the other limiting factor is 120 feet of lot width at the lake and also at the rear of the lot. Tyra- Lukens said she is concerned that there is a lot of potential of this happening with teardowns. Franzen agreed that if homes are torn down, additional lots are possible. Franzen noted that if a proposal meets all requirements of the zoning status and subdivision requirements, there is an obligation of the City to approve the project. Case asked Franzen if he knew of another house in the city that is built on the same grade of slope. Franzen said he does not recall one. Rosow said it would be appropriate for the applicant to make a presentation because there are questions being raised that are different from previous discussions. Mi-. Lemetry said he is available to answer questions. Young said the critical question is whether the ordinance provides for what the applicant wants to do. He said he understands the proposed new house does not need the waiver, and it is the existing homes that need it. He said denial would be based upon failure of existing homes to satisfy the buffer requirement and that would be problematic. Case said this is Council's control over any noncompliance, to force a noncompliant to become compliant and if it can't, then it stays as it is. Young said it is suggested that the applicant not be permitted to build a new house because of the failure of two existing houses to comply and that's the problematic aspect. He said it would be valid if something were to be done to the existing homes. Bob Franzen of 685 1 Beach Road said developing this property would destroy the mystique of the lake. He said it was previously agreed that the platting would not be changed. Stu Nolan of 7020 Willow Creek Road submitted a petition from 18 property owners stating opposition to the creation of additional lots on Bryant Lake and any such subdivision is not in the best interest of the neighborhood. He said this is not appropriate on such a small lake and more homes on the lake would create a more crowded atmosphere. Mark Omley, 22-year resident of Beach Road, said he rebuilt his home in 1991-92 and was required to meet the 100-foot setback. He said with the hill issue, setback issue and waiver issue, he would like the Council to consider the future of this lake. MOTION: Case moved, seconded by Mosman, to close the Public Hearing. Motion carried 5-0. 7 cTTycouNcILMINuTEs April 1,2003 Page 6 Mosman asked if allowing more and more lots on a lake would decrease property values and was also concerned that the public beach benefit may be limited with more and more private lots being created. She said it would be in the public interest to keep the value of the properties and the public beach up. Young said Council is restricted to what current zoning permits for this area. Case said he feels the waiver is an important factor and the waiver gives Council the opportunity to do what is best for the city. He said what is best for the city is that open space is a priority; listening to and being consistent with residents' expectations; increase of tax base; and what's best for the neighborhood. He said there are concerns about neighbors' expectations and lake quality, but he has an issue with this lot being allowed because it would be shoehorned between two lots where noncompliant houses exist. Case said he would be compelled to deny this. Butcher said landowner rights must be recognized, Staff has recommended this, but Council has their own aesthetic of what seems right. She said Council should be cautious in approaching this. Tyra-Lukens said she believes the property is incredibly shoehorned, and she is bothered by the waiver. She said the expectations of property owners in the neighborhood are valid and she does not see compelling reasons to allow waivers. Young said he does not believe Council has any right to deny a request by a landowner based on what seems right or what others might expect and avoid the arbitrary or capricious standard by which Councilmembers are held. He asked the City Attorney for his opinion on the significance of this waiver. I Rosow said Staff had recommended three reasons for denial in its alternative recommendation: project is inconsistent with lot sizes and street frontages in the area; the project requires waivers to City Code; and project results in loss of significant trees. Rosow said if the lot size and street frontages are permitted under the Code, the fact that other lot sizes and street frontages in the neighborhood may be larger than what's permitted in the Code, that isn't a valid specification for denying the request. He said Council has already determined the character of the neighborhood through the zoning process, and a lot that meets those requirements is in the character of the neighborhood. He said the tree ordinance requires tree replacement and as long as there is compliance with the ordinance requirements, there is no reason to tum down the request simply because trees are being taken down. He said if there were no room for trees to be replaced, then that would be reason for denial. Rosow said the Council has to determine three things with respect to waivers: the reasonableness of granting the waiver; whether there are unique circumstances; and the essential character of the locality given the waiver that is being requested. He said the question is is it reasonable to create a third lot that forces you to grant waivers, are there unique circumstances, and is the essential character being maintained? 0 D cITYcomcILlMINuTEs April 1,2003 Page 7 IX. X. XI. XI. XIII. XIV. Rosow said if there is potential to deny the request, then a motion to request findings that captured the discussion be brought back so Council could formally adopt the findings. He said if you wanted to articulate the findings as part of the motion, there are findings that comply with State Statutes. Tyra-Lukens said this seems inconsistent with the Perkins property because Council is contemplating allowing the creation of a third lot without requiring compliance of adjacent properties. Rosow said it's easy to distinguish the other situation because there were three lots in 1989 and the boundary lines of both lots were being shifted. He said the only time he would be concerned about action setting precedent would be if Council took opposite opinions on similar situations in a short period of time. He said there are so many differences between the two situations so determination should be made irrespective of the previous situation. Case said it is not reasonable for Council, in an effort to try to eliminate noncompliant structures, to approve a situation that embraces noncompliance. He said unique circumstances do not exist and essential character of the neighborhood is not being maintained. MOTION: Case moved to direct Staff to prepare findings of denial that would be brought back to the Council at the next meeting. Seconded by Butcher, motion carried 4-1. Young was opposed. PAYMENT OF CLAIMS MOTION: Case moved, seconded by Mosman, to approve the Payment of Claims. The motion was approved on a roll call vote, with Butcher, Case, Young, Mosman, and Tyra-Lukens voting ORDINANCES AND RESOLUTIONS PETITIONS, REQUESTS AND COMMUNICATIONS REPORTS OF ADVISORY BOARDS & COMMISSIONS APPOINTMENTS REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Transportation - Councilmember Mosman Mosman read the following statement: "On March 10-12, visits were made to seven legislative offices in Washington, DC to continue to clarify the needs in Eden Prairie for funding for 1-494, specifically the interchanges at #169 and #35W. All segments tie into the whole, with different senators and congressmen obviously leaning toward areas that their constituents see as important. 4 CITY COUNCIL MINUTES April 1,2003 Page 8 2. Congressman Ramstad has the $169 improvements on his priority list for appropriations later this year. Congressman Kline, who represents an area south of 494, including 169 and 35W, wants to be supportive in any way he can, and the staff of the other legislators are being communicated with by the City and by MOVE, the new transportation advocacy group made up of public entities, businesses, and individuals. David Lindahl from the City had prepared a great summary handout with photos and short statements from several of our business owners in town, which he is expanding now, and had used when testifying in St. Paul as well. Ross Thorfinnson has visited six years in a row, and felt that our legislators are now definitely aware of the problems and urgency. I sent a follow-up letter to thank them all for keeping this on the table, and to include the extension of the next #212 segment as an important part of the overall transportation plan. Our assessment of the visit was that meetings with legislators need to be arranged when they are in town with representatives of the cities, residents and businesses, which the City will support MOVE in doing wherever we can, and to push for these specific projects as high on priority lists, rather than somewhere on the lists, since appropriations money is limited. Any businesses or residents who see traffic congestion as a problem will absolutely make a difference in this effort if they will call or simply fax a note to legislators. Constituent involvement has more direct results than I think most people realize, and so I encourage everyone to consider taking a few minutes to let their views be known. I would like to ask that we post our current legislators' names and fax numbers on the City website if they are not easily accessible already on it, for this purpose." Clean Air Task Force - Councilmember Case Case said he recommended Gary Chanen for the Clean Air Task Force because he is critical in bringing restaurant people to the table, but he is not a resident of Eden Prairie and according to ordinance, a person must be a resident to serve. Case asked how Chanen could serve on the task force. Neal said he spoke with Chanen and Neal suggested he complete an application. Neal said as far as exofficios serving, there are no formal residential requirements and this may be a way to place him on the task force NLC Congressional Meetinp - Councilmember Butcher ~ L... 3. Butcher reported on her attendance at the annual National League of Cities Congressional Meetings that took place in early March. She said this year they advocated for five key messages: 1) Passing a sensible economic stimulus package that makes a difference to working Americans; 2) Making America safe by providing new, substantial and conhued funding for ongoing local homeland security efforts and for successful public safety programs such as the Community Oriented Policing Services (COPS) and local law enforcement block grant programs; 3) Ensuring an adequate supply of affordable housing , io cITYcouNclLMINuTEs April 1,2003 Page 9 by Illy funding the Community Development Block Grant (CDBG) Home Hope for Public Housing and Section 8 assistance programs fiom federal government; 4) Strengthening vital transportation systems by increasing federal support for the Transportation Equity Act for the 21st Century (T21) to preserve the partnerships with cities, reduce congestion and promote smart, sustainable development; and 5) Protecting the natural resources that have made America's success possible by increasing the federal investment in clean water, clean air and the renewed water infiastructure. B. REPORT OF CITY MANAGER C. REPORT OF PARKS AND RECREATION DIRECTOR D. REPORT OF PUBLIC WORKS DIRECTOR 1. Storm Water Permit Application and Pollution Prevention Plan Public Works Director Eugene Dietz introduced Environmental Coordinator Leslie Stoving who gave a detailed preview of the presentation on the Water Permit Application and Pollution Prevention Plan. Dietz said this is mandated by Washington, DC. Stoving said many of the minimum control measures are already being done by the City. Stoving said a great deal of Staff commitment will be required in various departments to make the program work. She said the overall long-term goal is to reduce storm water runoff and improve lake and pond water quality. Tyra-Lukens said this is a worthy goal and an aggressive program requiring much Staff time. She asked if anyone had estimated Staff time that will be needed. Stoving said additional staff may be needed, most of it during the summer months. Dietz said there were options of when the City would commit to the different aspects. He said many of them are not proposed for implementation until 2008. Mosman said she is concerned with toxic discharge and illegal discharges that are already problems. Stoving said most of what is being controlled now is complaint-based and the EPA is attempting to make the cities more proactive. Stoving said the completed permit application will be attached as a Consent Agenda item for the April 18,2003 meeting. E. REPORT OF POLICE CHIEF F. REPORT OF FIRE CEUEF G. REPORT OF MANAGEMENT AND BUDGET DIRECTOR CITY couNcILIb!mmTEs Apnl 1,2003 Page 10 H. REPORT OF CITY ATTORNEY XV. OTHER BUSTNESS XVI. ADJOURNMENT MOTION: Case moved, seconded by Mosman, to adjourn the meeting. Motion carried 5-0. Mayor Tyra-Lukens adjourned the meeting at 8:44 p.m. CITY COUNCIL AGENDA SECTION: Consent Calendar DEPARTMENT/DMS1oN: Police / C.O.P. Unit DATE: I April 15,2003 ITEM DESCRIPTION: Clerk’s License Application List I Weigel I ITEM NO.: y-r.4- I These licenses have been approved by the department heads responsible for the licensed activity. Raffle Organization: Eden Prairie Ducks Unlimited Place: Bearpath Country Club Date: April 28,2003 On-sale Wine with Strong Beer Licensee name: Nguyen, Inc Dba: Mister Q’s Vietnamese Cuisine CITY COUNCIL AGENDA SECTION: Consent Agenda DEPARTMENTDMSION: ITEM DESCRIPTION: Management and BudgetPlanning Donald R. Uram Lake Point Scott A. Kipp DATE: 04/15/03 ITEM NO.: ELB, Move to: 0 Approve 2nd Reading of the Ordinance for PUD District Review with waivers and Zoning District Change f?om Rural to R1-13.5 on 10 acres; and Approve the Development Agreement for Lake Point. Synopsis This is for 12 single-family lots. Attachments 1. 2. Development Agreement Ordinance for PUD District Review with waivers and Zoning District Change LAKE POINT CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 7-2003-PUD-3-2003 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 Rural Zoning District and be placed in the Planned Unit Development R1- 13.5 Zoning District 7- 2003-PUD-3-2003 (hereinafter “PUD-3-2003-R1- 13.5’3. Section 3. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of April 15, 2003, entered into between Taurus Properties, hc., and the City of Eden Prairie, (hereinafter “Development Agreement”). The Development Agreement contains the terms and conditions of PUD-3-2003-R1-13.5, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-3-2003-R1-13.5 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-3-2003-R1-13.5 is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-3-2003-R1-13.5 are justified by the design of the development described therein. D. PUD-3-2003-R1-13.5 is of sufficient size, composition, and arrangement that its construction, marketing, and operation are feasible as a complete unit without dependence upon any subsequent unit. Section5 The proposal is hereby adopted and the land shall be, and hereby is removed from the Rural Zoning District, and placed in the R1-13.5 Zoning District and shall be included hereafter in the Planned Unit Development PUD-3-2003-R1-13.5 and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section6. 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. Section7. This Ordinance shall become effective fiom and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 1 8th day of March, 2003, 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 15th day of April, 2003. ATTEST: Kathleen A. Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie Sun Current on EXHIBIT A PUD/Zoning Legal Description - Lake Point The West 553.50 feet of the Northwest Quarter of the Northwest Quarter of Section 22, Township 116, Range 22, Hemepin County Minnesota, which lies south of a line drawn at a right angle to the west line of said Northwest Quarter of the Northwest Quarter from a point distant 500.00 feet south of the northwest corner of said Northwest Quarter of the Northwest Quarter. LAKE POINT CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 7-2003-PUD-3-2003 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: Summan/: This ordinance allows rezoning of land located at southeast corner of Mitchell Road and Cumberland Road firom the Rural Zoning District to the R1-13.5 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 Sun Current on (A full copy of the text of this Ordinance is available from City Clerk.) DEVELOPMENT AGREEMENT LAKE POINT THIS DEVELOPMENT AGREEMENT (“Agreement”) is entered into as of April 15,2003, by TaGus Properties, Inc., a Minnesota corporation, hereinafter referred to as “Developer,” its successors and assigns, and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as “City”: WITNESSETH: WHEREAS, Developer has applied to City for Planned Unit Development Concept Review on 10 acres, Planned Unit Development District Review with waivers on 10 acres, Zoning District Change fiom Rural to R1-13.5 Zoning District on 10 acres, and Preliminary Plat of 10 acres into 12 lots and one outlot, legally described on Exhibit A (the “Property”); NOW, THEREFORE, in consideration of the City adopting Resolution No. 2003-51 for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review and Zoning District Change fiom Rural to R1-13.5 acres, and Resolution No. 2003-52 for Preliminary Plat, Developer agrees to construct, develop and maintain the Property as follows: 1. PLANS: Developer shall develop the Property in conformance with the materials revised and stamp dated March 6,2003, reviewed and approved by the City Council on March 18, 2003, (hereinafter the “Plans”) and identified on Exhibit B, subject to such changes and modifications as provided herein. 2. EXHIBIT C: Developer agrees to the terms, covenants, agreements, and conditions set forth in Exhibit C. 3. DEVELOPER'S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a violation of City Code relating to use of the Land construction thereon or failure to fulfill an obligation imposed upon the Developer pursuant to this Agreement, City shall give 24 hour notice of such violation in order to allow a cure of such violation, provided however, City need not issue a building or occupancy permit for construction or occupancy on the Land while such a violation is continuing, unless waived by City. The existence of a violation of City Code or the failure to perform or fulfill an obligation required by this Agreement shall be determined solely and conclusively by the City Manager of the City or a designee. 4. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall release, defend and indemnify City, its elected and appointed officials, employees and agents fiom and against any and all claims, demands, lawsuits, complaints, loss, costs (including attorneys' fees), damages and injunctions relating to any acts, failures to act, errors, omissions of Developer or Developer's consultants, contractors, subcontractors, suppliers and agents. Developer shall not be released fiom its responsibilities to release, defend and indemnify because of any inspection, review or approval by City. 5. DEDICATION OF PARK LAND: Prior to release of the final plat for the Property, Developer shall dedicate to City Outlot A for park purposes in accordance with the terms of Exhibit C. 6. GRADING, DRAINAGE, AND EROSION CONTROL PLANS: A. FINAL GRADING AND DRAINAGE PLAN: Developer agrees that the grading and drainage plan contained in the Plans 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 wetland, wetland buffer strips, wetland buffer monument locations, water quality ponds, storm water detention areas and other items required by the application for and release of a land alteration permit. All design calculations for storm water quality and quantity together with a drainage area map shall be submitted with the final grading and drainage plan. Prior to release of the grading bond, Developer shall certify to the City that the water quality pond conforms to the final grading plan. 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 land alteration permit, Developer shall submit to the City Engineer and obtain City Engineer's written approval of an erosion control plan for the Property. The erosion control plan shall include all boundary erosion control features, temporary stockpile locations and turf restoration procedures: All site grading operations shall conform to the City's Erosion Control Policy labeled Exhibit D, attached hereto and made a part hereof. Prior to release of the grading bond, Developer shall complete implementation of the approved plan. Developer shall remove any sediment that accumulates in the existing and/or proposed sedimentation pond during construction. Upon request by the City, Developer shall provide preconstruction and post construction surveys for evaluation by City. 7. GRADING IN THE WOODED AREAS ON SITE: Prior to grading within any of the wooded areas on the Property, delineated on Exhibit B, Developer shall submit to the City Forester and receive the City Forester's witten approval of a plan depicting construction grading limits on the Property. Prior to the issuance of any land alteration permit, Developer shall place a construction fence on the approved construction grading limits. Developer shall noti@ the City and Watershed District 48 hours in advance of grading so that the construction limit fence may be field inspected and approved by the City Engineer, City Forester, and Watershed District. Developer shall maintain the construction limit fence until written approval is granted by the City to remove the fence. 8. PEWORMANCE STANDARDS: Developer agrees that the Property will be operated in a manner meeting dl applicable noise, vibration, dust and dirt, smoke, odor and glare laws and . regulations. Developer further agrees that the facility upon the Property shall be operated so noise, vibration, dust and dirt, smoke, odor and glare do not go beyond the Property boundary lines. 9. PRIVATE DRIVEWAY: Prior to the release by the City of any final plat for the Property, Developer shall submit proof to the City Planner that a driveway easement for reciprocal, joint access and maintenance for the benefit of and burden on Lots 4 and 5, Block 1 has been filed against said Lots 4 and 5, Block 1 with the Hennepin County Recorder'dRegistrar of Titles' OEce in a form approved in writing by the City Planner. 10. PUD WAIVERS GRANTED: The city hereby grants the following waivers to City Code requirements within the R1-13.5 Zoning District through the Planned Unit Development District Review for the Property and incorporates said waivers as part of PUD A. Lot 4, Block 1 without lot frontage on a public road and Lot 5, Block 1 with 20 feet of lot frontage on a public road. City code requires 85 feet. B. Shoreland abutting lot sizes of 25,269 square feet for Lot 5, Block 1; 22,922 square feet for Lot 6, Block 1; 20,926 square feet for Lot 7, Block 1 ; and 26,400 square feet for Lot 8, Block 1. City code requires abutting lot size of 40,000 square feet for a Natural Environment Water. a\ C. Grading and storm water pond construction within the shore impact zone. City code prohibits alteration witbin a shore impact zone. 11. REMOVAL/SEALING OF EXISTING WELL AND SEPTIC SYSTEMS: Prior to issuance by City of any permit for grading or building on the Property, Developer shall submit to the Chief Building Official and to obtain the Chief Building Official's written approval of plans for demolition and removal of existing septic systems and wells on the Property, and restoration of the Property. Prior to such demolition or removal, Developer shall provide to the City a deposit in the amount of $1,000.00 to guarantee that Developer completes implementation of the approved plan. The city shall return to Developer the $1,000.00 deposit at such time as the Chief Building Official has verified in writing that the Developkr has completed implementation of the approved plan. 12. SIDEWALK AND TRAIL CONSTRUCTION: Prior to issuance by City of any building permit on the Property, Developer shall submit to the Director of Parks and Recreation Services and obtain the Director's written approval of detailed plans for sidewalks and trails to be constructed on the Property. Developer shall convey access easements for such sidewalks and trails in such locations as determined by the Director of Parks and Recreation Services. Sidewalks and trails shall be constructed in the following locations: A. A five-foot wide concrete sidewalk to be located along the south side of Cumberland Road as depicted in the Plans. Developer shall complete implementation of the approved plans in accordance with the terms of Exhibit C prior to issuance of any occupancy permit for the Property. 13. SPECIAL ASSESSMENT AGREEMENT: Prior to the release of the final plat for the Property, an assessment agreement, in the form and substance as attached in Exhibit E, shall be signed by the owner(s) of the Property with the City for trunk sewer and water assessments on an assessable area of 5.64 acres in the amount of $29,954.00. 14. STREET AND UTILITY PLANS: Prior to issuance by the City of any permit for the construction of streets and utilities for the Property, Developer shall submit to the City Engineer, and obtain the City Engineer's written approval of plans for public streets, sanitary sewer, water and storm sewer. Plans for public infrastructures shall be of a plan view and profile on 24 x 36 plan sheets consistent with City standards. A permit fee of five percent of construction value shall be paid to City by Developer. The design engineer shall provide daily inspection, certify completion in conformance to approved plans and specifications and provide record drawings. 15. TREE LOSS - TREE REPLACEMENT: There are 1,377 diameter inches of significant trees on the Property. Tree loss related to development on the Property is calculated at 63 1 diameter inches. Tree replacement required is 385 caliper inches. Prior to the issuance of any grading permit for the Property, Developer shall submit to the City Forester and receive the City Forester’s written approval of a tree replacement plan for 385 caliper inches. This approved plan shall include replacement trees of a 3-inch diameter minimum size for a shade tree and a 7-foot minimum height for conifer trees. The approved plan shall also provide that, should actual tree loss exceed that calculated herein, Developer shall provide tree replacement on a caliper inch per caliper inch basis for such excess loss. Prior to issuance of any grading permit for the Property, Developer shall furnish to the City Planner and receive the City Planner’s approval of a tree replacement bond equal to 150% of the cost of said improvements as required by City Code. Developer shall complete implementation of the approved tree replacement plan prior to occupancy permit issuance. 16. WETLAND PLAN: Prior to release of the final plat for any portion of the Property, Developer shall submit to the Environmental Coordinator and receive the Environmental Coordinator’s approval of a Wetland Plan. The approved Wetland Plan shall be consistent with the materials and requirements shown on the Plans and as required by City Code. The Plan shall include the following elements. A. Wetland Delineation and Wetland Buffer Strip Vegetation Evaluation: Developer shall submit to the City a Wetland Buffer Strip Vegetation Evaluation Report (“Buffer Report”) and Wetland Delineation Report (Delineation Report) in accordance with the Wetland Plan and City Code requirements prior to release of the final plat for any portion of the Property. Written confirmation that the Wetland Delineation was approved by the Watershed District must be submitted with the final Delineation Report. If the Buffer Report identifies any unacceptable vegetation or other conditions, the -wetland and wetland buffer strip shall be graded, treated, reseeded andor replanted (thereon known as “Landscaping”, or “Landscaped”) by the Developer within 90 days of submission of the Buffer Report. If Landscaping of the wetland and wetland buffer strip is required, the Developer shall submit a signed statement by a qualified wetland consultant, as determined by the City Manager, stating that the wetland and wetland buffer strip vegetation complies with all City requirements within 30 days of completion of the Landscaping of the wetland and wetland buffer strip. Prior to release of the final plat for any portion of the Property, Developer shall submit a signed contract with a qualified wetland consultant, as determined by the City Manager andor designee, for preparation of annual Buffer Reports that evaluate the condition of the wetland(s) and wetland buffer strip(s). The Buffer Reports shall be submitted no later than November 1 of the calendar year in which the buffer evaluation is required. The 17. Buffer Reports shall provide an action plan and proposed cost for correction of any problems identified. The final Buffer Report shall be submitted two full growing seasons following completion of the development and shall evaluate the wetland and wetland buffer strip to determine if the wetland and wetland buffer strip remain in compliance with all City requirements. If any unacceptable conditions or vegetation are identified within the Buffer Reports, the Developer shall correct the area(s) identified within 90 days of submission of the Buffer Report. B. Wetland Buffer Strip Monuments: Prior to release of the final plat for any portion of the Property, Developer shall install all wetland buffer strip monuments for the property. Final locations of the wetland buffer strip monuments will be determined based on the final Delineation Report as verified by the Watershed District. Wetland buffer strip monument locations shall be shown on the final grading plan and final plat. The post shall be a fiberglass reinforced composite post with a maximum size of 4 inch by 4 inch (4” x 4”) that states “Wetland Buffer: No Mowing Allowed”. The post shall be mounted to a height of a minimum of four feet above grade set at least 42 inches in the ground. The bottom of the post must be fitted with an anchor attachment that would expand upon attempted removal. Removal of the wetland buffer strip monuments is prohibited. C. Wetland Performance Bond: Developer shall furnish to the Environmental Coordinator and receive the Environmental Coordinator’s approval of a Wetland Plan performance bond, cash escrow, or letter of credit with a corporation approved by the City Manager or other guarantee acceptable to the City Manager equal to 150% of the cost, as estimated by the City Manager, of completing said Wetland Plan requirements andor Landscaping as depicted on the Plans and as required by City Code. Said performance bond, cash escrow, letter of credit or other guarantee shall cover costs associated with the Wetland Plan during development and for two full growing seasons following completion of the development. OWNER’S SUPPLEMENT TO DEVELOPMENT AGREEMENT: The Owner’s Supplements to this Agreement executed by and between the City of Eden Prairie and the following are attached hereto and made a part hereof: A. Donald D. and Dianne M. Bergstrom B. Julia Larson IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. DEVELOPER Tams Properties, Inc. CITY OF EDEN PRAIRTE BY It’s Vice President Nancy Tyra-Lukens, Mayor Scott H. Neal, City Manager STATE OF MMNESOTA ) COUNTY OF HENNEPIN ) ) ss. The foregoing instrument was acknowledged before me this day of , 2003, 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 ) COUNTY OF HENNEPIN ) ) ss. The foregoing instrument was acknowledged before me this day of ,2003, by Duane Dietrich, the Vice President of Taurus Properties, Inc. , a Minnesota corporation, on behalf of the corporation. Notary Public Lega EXHIBIT A DEVELOPMENT AGREEMENT -LAKE POINT Description Before Final Plat The West 553.50 feet of the Northwest Quarter of the Northwest Quarter of Section 22, Township 1 16, Range 22, Hennepin County Minnesota, which lies south of a line drawn at a right angle to the west line of said Northwest Quarter of the Northwest Quarter from a point distant 500.00 feet south of the northwest corner of said Northwest Quarter of the Northwest Quarter. Legal Description After Final Plat Lots 1-12, Block 1, and Outlot A. LAKE POINT, Hennepin County, Minnesota. EXHIBIT B DEVELOPMENT AGREEMENT -LAKE POINT C1-Existing Conditions Survey, dated 02/06/03 by HTPO, Inc. C2-Preliminary Plat, dated 02/06/03 by HTPO, Inc. C3-Grading Plan dated 02/06/03 by HTPO, Inc. C4-Utility Plan dated 02/06/03 by HTPO, Inc. C5-Details Plan dated 02/06/03 by HTPO, Inc. L1 -Landscape Plan dated 02/06/03 by HTPO, Inc. L2-Reforestation Plan dated 02/06/03 by HTPO, Inc. EXHIBIT C DEVELOPMENT AGREEMENT - LAKE POINT I. Prior to release of any building permit, Developer shall submit to the City Engineer for approval two copies of a development plan (1" =loo' scale) showing existing and proposed contours, proposed streets, and lot arrangements and size, minimum floor elevations on each lot, preliminary alignment and grades for sanitary sewer, water main, and storm sewer, 100- year flood plain contours, ponding areas, tributary areas to catch basins, arrows showing direction of storm water flow on all lots, location of walks, trails, and any property deeded to the City. II. Developer shall submit detailed construction and storm sewer plans to the Watershed District for review and approval. Developer shall follow all rules and recommendations of said Watershed District. III. Developer shall pay cash park fees as to all of the Property required by City Code in effect as of the date of the issuance of each building permit for construction on the Property. IV. If Developer fails to proceed in accordance with this Agreement within twenty-four (24) months of the date hereof, Developer, for itself, its successors, and assigns, shall not oppose the City's reconsideration and rescission of any PUD, Rezoning, or Preliminary Plat approved in connection with this Agreement, thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. V. Provisions of this Agreement shall be binding upon and enforceable against owners, their successors, and their assigns of the Property herein described. VI. The Developer hereby irrevocably nominates, constitutes, and appoints and designates the City as its attorney-in-fact for the sole purpose and right to amend Exhibit A hereto to identify the legal description of the Property after platting thereof. VII. Developer represents that it has marketable fee title to the Property, except: Donald D. Bergstrom Dianne M. Bergstrom Julia Larson . With respect to any interest in all portions of the Property which Developer is required, pursuant to this Agreement, to dedicate or convey to the City (the "Dedicated Property"), Developer represents and warrants as follows now and at the time of dedication or conveyance : A. That Developer has marketable fee title fiee and clear of all mortgages, liens, and other encumbrances. Prior to final plat approval, Developer shall provide to the City a current title insurance policy insuring such a condition of title. B. That Developer has not used, employed, deposited, stored, disposed of, placed or otherwise allowed to come in or on the Dedicated Property, any hazardous substance, hazardous waste, pollutant, or contaminant, including, but not limited to, those defined in or pursuant to 42 U.S.C. 8 9601, et. seq., or Minn. Stat., Sec. 1 15B.01 , et. seq. (such substances, wastes, pollutants, and contaminants hereafter referred to as "Hazardous Substances"); C. That Developer has not allowed any other person to use, employ, deposit, store, dispose of, place or otherwise have, in or on the Property, any Hazardous Substances. D. That no previous owner, operator or possessor of the Property deposited, stored, disposed of, placed or otherwise allowed in or on the Property any hazardous substances. Developer agrees to indemnify, defend and hold harmless City, its successors and assigns, against any and all loss, costs, damage and expense, including reasonable attorneys fees and costs that the City incurs because of the breach of any of the above representations'and warranties and/or resulting fiom or due to the release or threatened release of Hazardous Substances which were, or are claimed or alleged to have been, used, employed, deposited, stored, disposed of, placed, or otherwise located or allowed to be located, in or on the Dedicated Property by Developer, its employees, agents, contractors or representatives. VIII. Developer acknowledges that Developer is familiar with the requirements of Chapter 1 1, Zoning, and Chapter 12, Subdivision Regulations, of the City Code and other applicable City ordinances affecting the development of the Property. Developer agrees to develop the Property in accordance with the requirements of all applicable City Code requirements and City Ordinances. IX. Prior to release of the final plat, Developer shall pay to City fees for the first three (3) years' street lighting on the public streets adjacent to the Property (including installation costs, if any, as determined by electrical power provider), engineering review, and street signs. X. Developer shall submit detailed .water main, fire protection, and emergency vehicle access plans to the Fire Marshal for review and approval. Developer shall follow all the recommendations of the Fire Marshal. XI. Developer acknowledges that the rights of City performance of obligations of Developer contemplated in this agreement are special, unique, and of an extraordinary character, and that, in the event that Developer violates, or fails, or refuses to perform any covenant, condition, or provision made herein, City may be without an adequate remedy at law. Developer agrees, therefore, that in the event Developer violates, fails, or refuses to perform any covenant, condition, or provision made herein, City may, at its option, institute and prosecute an action to specifically enforce such covenant, withhold building permits or rescind or revoke any approvals granted by the City. No remedy confened in this agreement XII. m. XN. XV. XVI. XVII. 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. Developer shall, prior to the commencement of any improvements, provide written notice to Time Warner Cable, a Minnesota Limited Partnership, the franchisee under the City’s Cable Communication Ordinance (80-33) of the development contemplated by this Development Agreement. Notice shall be sent to Time Warner Cable, 801 Plymouth Avenue North, Minneapolis, Minnesota 5541 1. 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. 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. 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. 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. No failure of the City to comply with any term, condition, covenant or agreement herein shall subject the City to liability for any claim for damages, costs or other financial or pecuniary charges. No execution on any claim, demand, cause of action or judgment shall be levied upon or collected from the general credit, general fund or taxing powers of the City. XVIII. Prior to issuance of the first building permit for the Property, Developer shall permanently demarcate the location of the boundary of the conservation easement on each lot property line or corner with permanent four-foot tall posts. A 2 % by 6 inch sign or decal reading “ScenicKonservation Easement Boundary, City of Eden Prairie”, will be affixed to the top of the post. 30 EXHIBITD DEVELOPMENT AGREEMENT - LAKE POINT 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 andor direct the installation of erosion control features or the clean up of erosion at construction sites. Permits affected by this policy include all grading permits, building permits, and permits for the installation of utilities. 2. All erosion control systems stipulated in the permit application shall be installed prior to the issuance of the permit. Supplemental erosion control systems ordered by the City Engineer or the Director of Inspections shall be installed within 48 hours of that order. 3. The applicant must maintain all erosion control systems in a functional condition until the completion of turf and/or structural surfaces, which protect the soil from erosion. The applicant must inspect erosion control biweekly and immediately after each rainfall event of .5 inches or more. Needed maintenance shall be performed within 48 hours. 4. Best Management Practices (BMP's) shall be utilized at all construction sites to minimize the trackage or spillage of soil on public streets or highways. BMP's may include, but are not limited to, rock construction entrances, washing stations, frequent cleaning of streets adjacent to the construction site or limiting operations when site conditions are unmanageable. Trackage or spillage of soil on a public street or highway must be cleaned by power sweepers within the time frame stipulated in the permit special conditions or as ordered by the City Engineer or the Director of Inspections. 5. If erosion breaches the perimeter of a construction site, the applicant shall immediately develop a clean up and restoration plans, obtain the right-of-entry from the adjoining property owner, and implement the clean up and a restoration plan within 48 hours of obtaining the adjoining property owner's permission. In the event eroded soils enter onto or are tracked or spilled on a public street, highway, sidewalk or trail, the applicant shall remove the soil material and thoroughly sweep the street or sidewalk surface within four hours. If eroded soils enter, or entrance appears imminent, into wetlands or other water bodies, clean up and repair shall be immediate. The applicant shall provide all traffic control and flagging required to protect the traveling public during the clean up operations. 6. When an applicant fails to conform to any provision of this policy within the time stipulated in a written notification, the City may take the following actions: a. Withhold the scheduling of inspections and/or the issuance of a Certificate of Occupancy or other approvals. b. Direct the correction of the deficiency by City personnel or separate contract. c. Withhold the issuance of building permits d. At its option, institute and prosecute an action to enjoin violations of this Agreement and/or an action to specifically enforce performance of this Agreement The issuance of a permit constitutes a right-of-entry for the City or its contractor to enter upon the construction site for the purpose of correcting deficiencies in erosion control. All costs, including but not limited to, attorneys' fees and engineering fees incurred by the City in correcting erosion control deficiencies or enforcing this policy shall be reimbursed by the applicant. All invoices for erosion control correction shall be due and payable within 30 days. Invoices not paid within 30 days shall accrue interest at a rate of 1% per month or the highest legal rate. * Each charge for correction of erosion deficiencies shall be a lien upon the property to which the permit applies. Invoices more than 30 days old on September 30 or any year or on any other date as determined by the City Engineer or the Director of Inspections may be assessed against the property. As a condition of the permit, the owner shall waive notice of any assessment hearing to be conducted by the City, concur that the benefit to the property exceeds the amount of the proposed assessment and waive all rights by virtue of Minnesota Statute 429.081 or otherwise to challenge the amount or validity of the assessment. I, We, The Undersigned, hereby accept the terms and conditions of the Erosion Control Policy dated August 1 , 1997 as set forth and agree to fully comply therewith, to the satisfaction of the City of Eden Prairie, Minnesota. By: By: Owner's Signature Applicant's Signature DEVELOPMENT NAME: Lot: Block: OWNER INFORMATION OWNER (PRINT): ADDRESS CITY STATE ZIP EXHIBITE DEVELOPMENT AGREEMENT - LAKE POINT AGREEMENT REGARDING SPECIAL ASSESSMENTS THIS IS AN AGREEMENT MADE THIS day of of Eden Prairie, a municipal corporation, (the "City") and a Minnesota (the "Owner"). , 2003, betweenthe City A. The Owner holds legal and equitable title to property described as , Hennepin County, Minnesota, which property is the subject of this Agreement and is hereinafter referred to as the "Property". B. The Owner-desires to develop the property in such a manner that relies upon the City's trunk utility system, including trunk sanitary sewers, trunk watermains, wells, elevated storage facilities and a water treatment plant (all of which is hereafter referred to as the "Improvement"). C. The parties hereto desire to enter into an Agreement concerning the financing of the construction of the Improvements all of which will inure to the benefit of the Property. \ AGREEMENTS IT IS HEREBY AGREED as follows: 1. The Owners consent to the levying of assessments against the Property in the amount of $ for the Improvements. 2. The City's assessment records for the Property will show the assessments as a "pending assessment'' until levied. 3. The Owners waive notice of any assessment hearing to be held at which hearing or hearings the assessment is to be considered by the City Council and thereafter approved and levied. 4. The Owners concur that the benefit to the Property by virtue of the Improvements to be constructed exceeds the amount of the assessment to be levied against the Property. The Owner waives all rights it has by virtue of Minnesota Statute 429.08 1 or otherwise to challenge the amount or validity of the assessments, or the procedures used by the City in apportioning the assessments and hereby releases the City, its officers, agents and employees fiom any and all liability related to or arising out of the imposition or levying of the assessments. 33 OWNER CITY OF EDEN PRAIRTE A Minnesota A Minnesota Municipal Corporation By: By: Nancy Tyra-Lukens, Mayor Scott H. Neal, City Manager STATE OF MINNESOTA ) COUNTY OF HEWPIN ) ) ss. The foregoing instrument was acknowledged before me this day of 2003, by Nancy Tyra-Lukens, the Mayor, and Scott H. Neal, the City Manager, of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of the corporation. Notary Public STATE OF MINNESOTA ) 'COUNTY OF HENNEPIN ) ) ss. The foregoing instrument was acknowledged before me this day of Y 2003, by the , a Minnesota , on behalf of the THIS INSTRUMENT WAS DRAFTED BY: Notary Public City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 OWNERS' SUPPLEMENT TO DEVELOPMENT AGREEMENT BETWEEN TAURUS PROPERTIES, INC. AND THE CITY OF EDEN PRAIRIE THIS AGREEMENT, made and entered into as of April 15,2003, by and between Donald D., and Dianne M. Bergstrom, husband and wife, ("Owner"), and the CITY OF EDEN PRAIRIE (It City"): For, and in consideration of, and to induce City to adopt Resolution No. for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review andzoning District Changefi-omRural to R1-13.5, andResolutionNo. for Preliminary Plat, as more fully described in that certain Development Agreement entered into as of April 15,2003, by and between Taurus Properties, Inc., a Minnesota corporation, and City ("Development Agreement"), Owner agrees with City as follows: 1. If Taurus Properties, Inc., fails to commence development in accordance with the Development Agreement and fails to obtain an occupancy permit for all of the improvements referred to in the Development Agreement within 24 months of the date of this Owners' Supplement, Owner shall not oppose the City's reconsideration and rescission of Resolution No. Development Concept Review, Ordinance No. Development District Review and Zoning District Change from Rural to R1-13.5, and Resolution No. restoring the status of the Property before the Development Agreement and all approvals listed above were approved. for Planned Unit for Planned Unit for Preliminary Plat, identified above, thus 2. This Agreement shall be binding upon and enforceable against Owner, its successors, and assigns of the Property. 3. If Owner transfers this Property, Owner shall obtain an agreement from the transferee requiring that such transferee agree to all of the terms, conditions and obligations of "Developer" in the Development Agreement. Neither the Owner or transferee are required to develop the property in accordance with this Agreement, so long as Owner or transferee obtain such approvals as are required by City Code to develop the Property in a manner other than as set forth in this Agreement. 35 IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. OWNERS CITY OF EDEN PRAIRJX BY Donald D. Bergstrom Nancy Tyra-Lukens, Mayor BY Dianne M. Bergstrom Scott H. Neal, City Manager STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ) ss. The foregoing instrument was acknowledged before me this day of ,2003, 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 ) COUNTY OF HENNEPIN ) ) ss. The foregoing instrument was acknowledged before me this day of ,2003, by Donald D. Bergstrom and Dianne M. Bergstrom, husband and wife. Notary Public 3s EXHIBIT A OWNERS SUPPLEMENT Legal Description Before Final Plat The West 553.50 feet of the Northwest Quarter of the Northwest Quarter of Section 22, Township 1 16, Range 22, Hennepin County Minnesota, which lies south of a line drawn at a right angle to the west line of said Northwest Quarter of the Northwest Quarter from a point distant 500.00 feet south of the northwest corner of said Northwest Quarter of the Northwest Quarter, Legal Description After Final Plat Lots 1-12, Block 1 , and Outlot A. LAKE POINT, Hennepin County, Minnesota. 33’ OWNERS' SUPPLEMENT TO DEVELOPMENT AGREEMENT BETWEEN TAURUS PROPERTIES, INC. AND THE CITY OF EDEN PRAIRIE THIS AGREEMENT, made and entered into as of April 15,2003, by and between Julia Larson, an individual, ("Owner"), and the CITY OF EDEN PRAIRIE ("City"): For, and in consideration of, and to induce City to adopt Resolution No. for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review and Zoning District Change from Rural to R1-13.5, and ResolutionNo. for Preliminary Plat, as more fully described in that certain Development Agreement entered into as of April 15,2003, by and between Taurus Properties, Inc., a Minnesota corporation, and City ("Development Agreement"), Owner agrees with City as follows: 1. If Taurus Properties, Inc., fails to commence development in accordance with the Development Agreement and fails to obtain an occupancy permit for all of the improvements referred to in the Development Agreement within 24 months of the date of this Owners' Supplement, Owner shall not oppose the City's reconsideration and rescission of Resolution No. Development Concept Review, Ordinance No. Development District Review and Zoning District Change from Rural to R1- 13.5, and Resolution No. restoring the status of the Property before the Development Agreement and all approvals listed above were approved. for Planned Unit for Planned Unit for Preliminary Plat, identified above, thus 2. This Agreement shall be binding upon and enforceable against Owner, its successors, and assigns of the Property. 3. If Owner transfers this Property, Owner shall obtain an agreement &om the transferee requiring that such transferee agree to all of the terms, conditions and obligations of "Developer" in the Development Agreement. Neither the Owner or transferee are required to develop the property in accordance with this Agreement, so long as Owner or transferee obtain such approvals as are required by City Code to develop the Property in a manner other than as set forth in this Agreement. IN WITNESS WEEREOF, the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. OWNERS CITY OF EDEN PRAIRIE BY Julia Larson Nancy Tyra-Lukens, Mayor Scott H. Neal, City Manager STATE OF MIMVESOTA ) COUNTY OF HENNEPIN ) ) ss. The foregoing instrument was acknowledged before me this day of ,2003, 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 ) COUNTY OF HENNEPIN ) ) ss. The foregoing instrument was acknowledged before me this day of , 2003, by Julia Larson, an individual. Notary Public EXHIBITA OWNERS SUPPLEMENT Legal Description Before Final Plat The West 553.50 feet of the Northwest Quarter of the Northwest Quarter of Section 22, Township 1 16, Range 22, Hennepin County Minnesota, which lies south of a line drawn at a right angle to the west line of said Northwest Quarter of the Northwest Quarter from a point distant 500.00 feet south of the northwest corner of said Northwest Quarter of the Northwest Quarter. Legal Description After Final Plat Lots 1-12, Block 1, and Outlot A. LAKE POINT, Hennepin County, Minnesota. 40 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar DEPARTMENT/DJYISION: ITEM DESCRIPTION: ITEM NO.: Engineering Department Randy SlicM April 15,2001 m.C. Final Plat Approval of Lake Point Requested Action Move to: Adopt the resolution approving the final plat of Lake Point. Synopsis This proposal is located in the southwest quadrant of Mitchell Road and Cumberland Road. The plat consists of 10.1 acres to be divided into twelve single family lots, one outlot and right-of-way dedication for street purposes. Background Information The preliminary plat was approved by the City Council March 18, 2003. Second Reading of the Rezoning Ordinance and final approval of the Developer’s Agreement is scheduled on April 15, 2003. Approval of the final plat is subject to the following conditions: Receipt of engineering fee in the amount of $570.00. Receipt of street lighting fee in the amount of $1,115.10. Receipt of street sign fee in the amount of $650.70. Prior to release of the final plat, Developer shall provide to the City a current title insurance policy. Satisfaction of bonding requirements for the installation of public improvements. Execution of Special Assessment Agreement for trunk utility improvements. 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 dedicate Outlot A to the City. Prior to release of final plat, Developer shall submit a driveway easement for reciprocal, joint access and maintenance for Lots 4 and 5, Block 1. Prior to release of final plat, Developer shall submit a wetland plan for review and approval by Environmental Coordinator. Prior to release of final plat, Developer shall install all wetland buffer strip monuments for the property. Revision to plat to include drainage and utility easements over all public utilities. Attachments Drawing of final plat CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING F'INAL PLAT OF LAKE POINT WHEREAS, the plat of Lake Point 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 Lake Point is approved upon compliance with the recommendation of the City Engineer's report on this plat dated April 15,2003. B. That the City Clerk is hereby directed to supply a certified copy of this resolution to the owners and subdividers of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on April 15,2003. ATTEST: Nancy Tyra-Lukens, Mayor SEAL Kathleen A. Porta, City Clerk I 1 r W W I ffl (Y B N + W W 1 ffl 43 CITY COUNCIL AGENDA SECTION: Consent Agenda DATE: April 15,2003 DEPARTMENTLDMSION: ITEM DESCWTION: Public Works Service Area Leslie Stovring Through Eugene Dietz Approve the Phase II NPDES Storm Water Permit Application and Storm Water Pollution Prevention Plan - IC# 02-5585 ITEM NO.: YL9-P Requested Action Move to: Approve the Phase II NPDES Storm Water Permit Application and Pollution Prevention Plan Synopsis The City of Eden Prairie is required to submit a Phase II National Pollutant Discharge Elimination System (NPDES) Permit to the Minnesota Pollution Control Agency WCA) by May 9,2003. The Phase 11 NPDES Permit process included development of a Stormwater Pollution Prevention Plan (SWPPP) which includes a plan of action and a series of Best Management Practices (BMPs) that the City will implement over the next 5 years to comply with the permit requirements. Background Information The NPDES Permit was promulgated in 1990 under the Clean Water Act (CWA) which is administered by the Environmental Protection Agency (EPA). The MPCA has assumed the role as the administrative agency for these requirements. The SWPPP was developed to provide a plan of action and a series of Best Management Practices which the City will undertake to assist in obtaining these goals. The SWPPP was presented to the Council on April 1 , 2003. The MPCA has extended the deadline for Cities to file their Phase IINPDES permit to May 9,2003. This is to allow administrative review of the proposed permit application and associated Plan. An unsigned application was submitted on March 6, 2003 to the MPCA under the terms of this extension. Attachments Phase 11 NPDES Permit Application (includes Best Management Practices) Notice of intent to obtain coverage General Storm Water Permit Application (MN R 040000) for Small Municipal Separate Storm Sewer Systems (MS4s) (Noticed as MN R 580000) 520 Lafayette Road North, St. Paul, MN 551 55-41 94 Minnesota Minnesota Pollution Control Agency Pollution Control Application deadline: March 10,2003 Agency Please read the instructions carefilly and @pe or print neatly. A. Application Type Application type: Single site or administrative area If multiple sites, number of attached application forms: NA MS4s with multiple sites such as campuses, dispersed facilities, or state agency regionsldistricts, must attach a completed apptication fir each site or administrative area. An authorized person with overall responsibility or an o@cial& delegated representative must sign each application form. 6. MS4 Owner City of Eden Prairie CommuNty, municipality, agency or other party having ownership or operational control of the MS4. 8080 Mitchell Road Mailing Address Eden Prairie MN 55344 Hennepin Minnesota River Shakopee, 07020012 City State Zip Code County Major Watershed (see enclosed map) 41-0855460 8021767 Federal Tax ID State Tax ID C. General Contact stovring Leslie Environmental Coordinator Last Name First Name Title General contact (official, staff member, consultant or other) for permit compliance issues. City of Eden Prairie, 8080 Mitchell Road Eden Prairie MN 55344 952-949-8327 lstovring@ci.eden-prairie.mn.us Mailing Address City state Zip Code Telephone (include area code) E-Mail Address MPCA MS4 Storm Water Permit Application 4s 02/06/03 A. Have you developed a Storm Water Pollution Prevention Program for your MS4? Byes UNO Municipalities must demonstrate how their Storm Water PoUution Prevention Program will be implemented and enforced over the term of the fiveyear permit. SWPPPs must incorporate appropriate educational, components, BMPs and measurable goals. Provide a brief description of the plan to complete the SWPP if “No” is marked above. B. Summary of the six minimum control measures. Complete items B. I. through 6.6. Storm Water Pollutiori Prevention Programs must address the specific requirements contained in Part K G. of the permit. SWPPs must outline how the six minimum control measures will be addressed, the contact person, department in charge, time fiame and measures that will be implemented to meet the schedules required by the permit. I. Public education and outreach measures stovring Leslie Public Works Contact Last Name First Name City of Eden Prairie, 8080 Mitchell Road Department Mailing Address Eden Prairie MN 55344 City State Zip Code 952-949-8327 lstowing@ci.eden-prairie.mn.us Telephone (include area code) E-Mail Address Have Best Management Practices (BMPs) that will be implemented for this @Yes ON0 minimum control measure been planned or developed? Have measurable goals for each BMP for this minimum control measure been planned @Yes UNO or developed? Has an estimated timeline for implementing each BMP for this minimum control MYes C]No measure been planned or developed? Timelines should include, in narrative or numerical form, the months and years required actions will OCCUT, interim milestones, and frequency of action, as appropriate. Have the educational components for this minimum control measure been planned or HYes UNO developed? Provide a brief description of the plan to complete any requirements marked “No” above. MPCA MS4 Storm Water Permit Application ““46 . 02/06/03 2. Public participation and involvement measures stovring Leslie ~ublic works Contact Last Namc First Name Dep-t City of Eden Prairie, 8080 Mitchell Road Mailing Address Eden Prairie MN 55344 City State Zip Code 952-949-8327 lstovring@ci.eden-prairie.mn.us Telephone (include area code) E-Mail Address Have Best Management Practices (BMPs) that will be implemented for this Byes UNO minimum control measure been planned or developed? Have measurable goals for each BMP for this minimum control measure been planned Byes UNO or developed? Has an estimated timeline for implementing each BMP for this minimum control @Yes UNO measure been planned or developed? Timelines should include, in narrative or numerical form, the months and years required actions will occur, interim milestones, and fi-equency of action, as appropriate. Have the educational components for this minimum control measure been planned or Byes UNO developed? Provide a brief description of the plan to complete any requirements marked ‘No” above. Illicit discharge detection and elimination Stovring Leslie Public Works City of Eden Prairie, 8080 Mitchell Road Eden Prairie MN 55344 952-949-8327 lstovring@ci.eden-prairie.m.us Contact Last Name First Name Department Mailing Address City State Zip Code Telephone (include area code) E-Mail Address Have Best Management Practices (J3MPs) that will be implemented for this HYes UNO minimum control measure been planned or developed? Have measurable goals for each BMP for this minimum control measure been planned HYes ON0 or developed? Has an estimated timeline for implementing each BMP for this minimum control Byes ON0 measure been planned or developed? Timelines should include, in narrative or numerical form, the months and years required actions will occur, interim milestones, and frequency of action, as appropriate. Have the educational components for this minimum control measure been planned or NYes UNO developed? Provide a brief description of the plan to complete any requirements marked ‘No” above. MPCA MS4 Storm Water Pm*t Application 02/06/03 4. Construction site storm water runoff control measures Stovring: Leslie Public Works Contact Last Name First Name Dcp-t Citv of Eden Prairie. 8080 Mitchell Road Mailing Address Eden Prairie MN 55344 City State Zip Code 952-949-8327 lstovring@ci.eden-prairie.mn.us Telephone (include area code) E-Mail Address a) Have Best Management Practices (BMPs) that will be implemented for this NYeS [7No minimum control measure been planned or developed? b) Have measurable goals for each BMP for this minimum control measure been planned Byes UNO or developed? c) Has an estimated timeline for implementing each BMP for this minimum control Byes UNO measure been planned or developed? Timelines should include, in narrative or numerical form, the months and years required actions will occur, interim milestones, and frequency of action, as appropriate. d) Have the educational components for this minimum control measure been planned or Byes UNO developed? e) Provide a brief description of the plan to complete any requirements marked “No” above. 5. Post-construction storm water management measures Stovring Leslie Public Works City of Eden Prairie, 8080 Mitchell Road Contact Last Name First Name Department Mailing Address Eden Prairie MN 55344 City state Zip Code 952-949-8327 lstovring@ci.eden-prairie.mn.us Telephone (include area code) E-Mail Address a) Have Best Management Practices (BMPs) that will be implemented for this Byes UNO minimum control measure been, planned or developed? b) Have measurable goals for each BMP for this minimum control measure been planned Byes UNO or developed? c) Has an estimated timeline for implementing each BMP for this minimum control Byes UNO measure been planned or developed? Timelines should include, in narrative or numerical form, the months and years required actions will occur, interim milestones, and frequency of action, as appropriate. d) Have the educational components for this minimum control measure been planned or Byes UNO developed? e) Provide a brief description of the plan to complete any requirements marked ‘Wo” above. MPCA MS4 Stonn Water Pm-t Application - 48 02/06/03 6. Pollution prevention and good housekeeping measures stovring Leslie Public Works Contact Last Name First Namc Dep-t City of Eden Prairie, 8080 Mitchell Road Mailing Address Eden Prairie MN 55344 City SbtC zip code 952-949-8327 lstovring@ci.eden-prairie.mn.us Telephone (include area code) E-Mail Address a) Have Best Management Practices (BMPs) that will be implemented for this Byes UNO rninimum control measure been planned or developed? b) Have measurable goals for each BMP for this minimum control measure been planned Byes UNO or developed? c) Has an estimated theline for implementing each BMP for this minimu control Byes ON0 measure been planned or developed? Timelines should include, in narrative or numerical form, the months and years required actions will occur, interim milestones, and frequency of action, as appropriate. d) Have the educational components for this minimum control measure been planned or Byes =No developed? e) Provide a brief description of the plan to complete any requirements marked Wo” above. C. Reporting and record keeping requirements. Have reporting and record keeping requirements for implementation of the Storm Water Byes UNO Pollution Prevention Program been planned or developed? Provide a brief description of the plan to complete the reporting and record keeping requirements if “No” is marked above. MPCA MS4 Storm Water Pm-t Application 02/06/03 Required Application Attachments Complete a one page SWPPP Summary Sheet and a BMP Description Sheet for each type of BMP that will be implemented. (See last two pages of the application form.) A. Is the SWPPP Summary Sheet attached? B. Is one BMP Description Sheet attached for each BMP? C. How many BMP Description Sheets are attached? Byes UNO HYes UNO 50 A. I have read Part 11 Limitations on Coverage and Appendix C of the MS4 general permit Byes and certifjl that we intend to comply with the applicable requirements of those sections. Part ll Limitations on Coverage and Appendix C B. Special Waters Please refer to the Guidance Manual for Small Municipal Separate Storm Sewer Systems (MS4s) and the enclosed map to complete this section. 1. Does the MS4 discharge into Prohibited Waters as defined in Minn. R. 7050.0180, Dyes HNO subp. 3,4, and 5? See Attachment Four of the Guidance Manual for Small Municipal Separate Storm Sewer Systems (MS4s) for further information. If yes, please list below and contact Lou Flynn at (651) 296-6575 or louis.flynn@state.mn.us. Be advised that you will be required to obtain an individual permit versus a general permit. 2. Does the MS4 discharge into waters with a Restricted Discharge as defined in Minn. ayes @No R. 7050.01 80, subp. 6,6a, and 6b? If yes, please list below and comply with Part E, Appendix C, Item B. See Attachment Four of the Guidance Manual for Small Municipal Separate Storm Sewer Systems (MS4s) for further information. 3. Does the MS4 discharge into Trout Waters as defined in Minn. R. 6264.0050 subp. 2 c]Yes HNo & 4? If yes, please list below and comply with Part E, Appendix C, Item C. See Attachments Two and Three of the Guidance Manual for Small Municipal Separate Storm Sewer Systems (MS4s) for further infomation. 4. Does the MS4 discharge into Wetlands as defined in Minn. R. 7050.0130, subp. F? @Yes UNO See Attachment Four of the Guidance Manual for Small Municipal Separate Storm Sewer Systems (34274s) for further information. The City reviews proposed impacts through our development review process. All wetland . impacts will be reviewed in accordance with current statutes, including Minn. 7050, Wetland Conservation Act and U.S. Amy Corps of Engineers requirements. MPCA MS4 Storm Water Permit Application 02/06/03 5. 6. 7. Does the MS4 have a process to evaluate discharges that require applicable HYes UNO Environmental Review as required by State or federal laws? See Part M of the Guidance Manual for Small Municipal Separate Storm Sewer Systems NS4s) for Mer information. Does the MS4 have a process to evaluate discharges whose direct, indirect, @Yes UNO interrelated, interconnected, or independent impacts may jeopardize a listed Endangered or Threatened Species or adversely modify a designated critical habitat? See Part IX of the Guidance Manual for Small Municipal Separate Storm Sewer Systems (245‘4s) for further information. Does the MS4 have a process to evaluate discharges which may adversely affect @Yes UNO properties listed or eligible for listing in the National Register of Historic PIaces or affecting known or discovered archeological sites? See Part M of the Guidance Manual for Small Municipal Separate Storm Sewer Systems (MS4s) for further infomation. If you answered c‘No’y to Item 5,6, or 7, briefly explain how the MS4 will come into compliance with the requirements of Appendix C. MPCA MS4 Storm Water Permit Application - 51 OU06l03 This person must be duly authorized to sign the application (mayor, designatedpublic works director, president of the university> etc.). I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete (Minn. R. 7001.0070). I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment. (Minn. R. 7001.0540) ~~ AuthorizedSignature (This person must be duly authorized to sign t€ie application for the E4) Date Tvra-Lukens Nancy Mayor Last Name First Name Title Official notices will be sent to person indicated here. Citv of Eden Prairie 8080 Mitchell Road Mailing Address Eden Prairie MN 55344 City State Zip Code 952-949-8300 ntyra-lukens@edenprairie.org Telephone (include area code) E-Mail Address MPCA MS4 Storm Water Permit Application 02106103 Develop a unique identification number for each BMP Description Sheet (Attachment 2) completed. List the unique identification number for each BMP under the following seven areas. A. Public Education and Outreach Measures BMP unique identification numbers: 1.4 1 .By 1 .C, 1 .D, 1 .E, 1 .F, 1 .G, 1 .Hy and 1 .I (also 2.A, 2.B, 2.D, 2.E, and 3.E) B. Public Participation and Involvement Measures BMP unique identification numbers: 2.A 2.B, 2.C, 2.D and 2.E (also 1.B, 1.D, 1.F, 1.H, 3.D, and 3.E) C. Illicit Discharge Detection and Elimination Measures BMP unique identification numbers: 3.A, 3.B, 3.Cy 3.D and 3.E D. Construction Site Storm Water Runoff Control Measures BMP unique identification numbers: 4.A, 4.By 4.C and 4.D E. Post-Construction Storm Water Management Measures BMP unique identification numbers: 5.A, 5.B, 5.C, 5.D and 5.E F. Pollution Prevention and Good Housekeeping Measures BMP unique identification numbers: 6.A, 6.By 6.C, 6.Dy 6.E, 6.F, 6.G, 6.H, 6.IY6.J and 6.K G. Other portion of the permit (such as Record Keeping or Appendix C). Portion of the permit that the BMPs address. BMP unique identification numbers. Record Keeping RK MPCA MS4 Storm Water Permit Application - 53 02/06/03 Alternate formats are acceptable as long as all the requested information is provided. BMP Description Sheets were prepared in an alternative format and are attached to this application. A. Unique Identification Number: (Assign a number.) B. Name or type of BMP: C. BMP description: D. Minimum control measure addressed NA E. Describe the measurable goals that willbe used to determine success or benefits of this BMP: F. Describe the timeline or implementation schedule for this BMP: G. Person or department in charge of implementing this BMP: Last Name First Name Department H. If this BMP is an educational component of your SWPPP, briefly describe the audience and educational goals for this minimum control measure: MPCA MS4 Storm Water Permit Application """54 OUOfY03 Minimum Control Measure 1 Public Education and Outreach Best Management Practice -Measurable Goals Number of inserts distributed Web site posting l.A Utility Bill Insert Description Implementation schedule March 2003 - Mailer completed and mailed out in utility bills for March, April and May to cover all three billing districts. Annual updates as needed. May 2003 - Post annual inserts on web site as needed Develop an insert to update residents and busulesses on an annual basis and to increase public awareness on stormwater and water conservation related issues, including those listed within the specific Gomponents below. specific Components 0 Conservation surcharge guidelines Water conservation tips 0 Basic information on storm drainage systems and how residents can impact water quality 0 Environmentally friendly lawn care tips Existing Activity Yes - for water conservation related educational information as needed. Responsible Department Public Works Department Contact: Leslie A. Stovring Environmental Coordinator 952-949-8327 City of Eden Prairie BMP Description Sheets BMP 1 of40 5s Minimum Control Measure 1 Public Education and Outreach Best Management Practice Measurable Goals Develop website website Posted for Public access Number of web site hits l.B Website - Water Resource Education and Information Implementation schedule June 2003 - Finalize web page layout for Stormwater Pollution Prevention Page, The layout will include a counter device to track number of hits. July 2003 - Implement web page and links to specific components below. March 2005 and reported annually thereafter Description Develop educational materials and links for additional information on stormwater issues for the City’s website to increase public awareness. The website will provide residents and local businesses with an understanding of the NPDES regulations and how the City is meeting those requirements. The Stormwater Pollution Prevention Plan will be converted to Adobe Acrobat for accessibility and downloading. Specific Components Copy of most recent Utility Bill Insert (MCM 1A) Stormwater Pollution Prevention Plan Stonnwater pond maintenance - City guidelines Volunteer opportunities such as storm drain labeling and Wetland Health Evaluation Program. Upcoming public meetings (MCM 2A) Links to additional information on stormwater pollution prevention Link to report concerns on potential illicit discharges or illegal dumping. Water Wisdom website link (MCM 1G) Existing Activity Information provided on City’s stomwater pond maintenance policy and links to additional information Respond ble Department Public Works Department Contact: Leslie A. Stovrhg Environmental Coordinator 952-949-8327 City of Eden Prairie BMP Description Sheets BMP 2 of 40 % Minimum Control Measure 1 Public Education and Outreach Best Management Practice Measurable Goals SWPPP Presentation Completed annual submittals 1.C City Council Submittal Implementation schedule April 2003 - Presentation to the City Council for the SWPPP and NPDES Phase 11 Permit. Annual submittals each year of permit cycle starting in Description Information will be submitted to the City Council on a yearly basis to provide information on the components listed below. Components presented will be evaluated and adjusted annual as issues related to stormwater awareness develop within the community. The idionnation will be presented to increase Council awareness of stormwater runoff issues and justify the importance of implementing the SWPPP provisions. . Specific Components "DES regulations 0 SWPPP status and challenges Education on potential urban stormwater impacts to water bodies Existinq Activity None Responsible Department Public Works Department Contact: Leslie A. Stovring Environmental Coordinator 952-949-8327 City of Eden Prairie BMF Description Sheets BMP 3 of 40 53 Minimum Control Measure 1 Public Education and Outreach Best Management Practice Measurable Goals Number of participants (estimated) Number of survey cards returned l.D Environmental Pair Implementation schedule March 2005 and reported biannually thereafter March 2005 and reported biannually thereafter Description Provide an event every other year where residents can gather information on a variety of environmental topics, such as water quality, stormwater discharge and volunteer opportunities, to increase awareness on these topics. The Fair will be held in even years starting in late spring 2004. A mini-survey will be developed for participants to return to the City regarding their impressions on the information provided and what could be improved in the future. Specific Components Surveycard 0 Educational materials on SWPPP components Partnering with the local school district Existing Activity The Environmental Fair has been heldperiodically since 1998. Responsible Department Public Works Department Contact: Leslie A. Stovring Environmental Coordinator 952-949-8327 City of Eden Prairie BMP Description Sheets BMP4of40 5g Minimum Control Measure 1 Public Education and Outreach Best Management Practice Mailer development Mailer distrihtion l.E Lawn Care Professional Mailer March 2004 - Finalize mailer. April 2004 - Start mailing materials annually for all contractors licensed within the City. Description Develop educational materials for lawn care professionals to be mailed out with the annual license application forms to increase awareness of how fertilizer and pesticide usage impact water quality within the community. The mailer will provide information on stormwater related issues and provide a contact for relating concerns and opportunities in relation to fertilizer application. 1 Measurable Goals 1 Implementation schedule Specific Components 0 Fertilizer application requirements 0 0 General stormwater runoff impacts fi-om lawn care practices - create awareness City ordinance / phosphorus-fiee fertilizer requirements Existing Activity 0 Annual mailer on City ordinance requirements Responsible Department Public Works Department Contact: Leslie A. Stovring Environmental Coordinator 952-949-8327 City of Eden Prairie BMP Description Sheets BMP 5 of 40 Minimum Control Measure 1 Public Education and Outreach Best Management Practice Measurable Goals Mmher Ofbmchures distributed to local businesses and/or educational signage developed for use at businesses l.F Phosphorus Fertilizer Ordinance Education Implementation schedule August 2003 - Finalize materials and distribute to local businesses. Description Develop educational materials for businesses to distribute during point of sale transactions for fertilizer products to residents as requested by the establishment. The educational materials Will provide information on stormwater related issues and provide information on the City’s and State’s new regulations regarding fertilizer usage on lawn areas. Specific Components 0 0 Fertilizer requirements at the State and Local level General stormwater runoff jmpacts fiom lawn care - create awareness Exis tinls Activity 0 Notification to local businesses on new City ordinance during late summer 2002. Responsible Department Public Works Department Contact: Leslie A. Stovring Environmental Coordinator 952-949-8327 City of Eden Prairie BMP Description Sheets BMP6of40 @ Minimum Control Measure 1 Public Education and Outreach Best Management Practice ~ Measurable Goals Evaluate existing video usage and potential topics for future video productions. Develop script and video production schedule or purchase of existing video production as needed. Final video product in use 1.G Environmental Video Production Implementation schedule October 2003 May 2004 March 2005 Description Develop educational videos for use at the City’s Environmental Learning Center, for showing on the local cable channel and distribution to other interested persons in the community and metro area to develop public awareness on environmental topics, such as water quality and water conservation related issues. Specific Components 0 0 0 0 Cool Water, Big Foot and Water Wisdom video and cd-rom products Develop potential topics fiom areas that would require additional information, such as native plant landscaping,. personal impacts on stormwater quality, and other water quality related topics. Continue to show existing videos on local cable. Review new and existing video productions readily available in the metro area. Existing Activity 0 Completing cd-rom on Big Foot: Our Ecological Footprint for distribution to metro-area cities and schools. 0 The Water Wisdom video was developed into a website link on the City’s website. Responsible Department Public Works Department Contact: Leslie A. Stovring Environmental Coordinator 952-949-8327 City of Eden Prairie BMP Description Sheets BMP7of40 61 Minimum Control Measure 1 Public Education and Outreach Best Management Practice Measurable Goals Number .of classes 1.H Environmental Learning Center Implementation schedule March 2004 and reported annually thereafter Description Continue to develop the City’s Environmental Leaming Center at the Water Treatment Plant for public outreach with local school districts. The facility is currently used by 3 , 5 and high school age students primarily. The facility will continue to be updated as needs change. rdth Specific Components Water quality topics Water conservation topics 0 Laboratory usage for students 0 Video tape productions / showings Existing Activity 0 Tour groups are currently Visiting the facility on a semi-regular basis. Responsible Department Public Works Department Contact: Leslie A. Stovring Environmental Coordinator 952-949-8327 City of Eden Prairie BMJ? Description Sheets BMP8of40 . 62 Minimum Control Measure 1 Public Education and Outreach Best Management Practice Measurable Goals Number of new resident packets prepxed 1.1 New Resident Packet Implementation schedule March 2004 and reported annually thereafter Descriotion Continue to provide informational packets to new residents who come in to homestead their property, or as requested. The packets will contain idormation to develop awareness on water related issues such as the City’s lawn watering policies. Additional information includes Hemepin County Drop-off Center brochures and waste disposal company options. The information will continue to be updated as needs change. I for distribution - Specific Components 0 0 Water conservation topics 0 Waste hauler information 0 Lawn watering policy Hennepin County Drop Off facility brochure Existing Activity Yes Responsible Department Public Works Department Contact: Leslie A. Stovring Environmental Coordinator 952-949-8327 City of Eden Prairie BMP Description Sheets BMP9of40 65 Minimum Control Measure 2 Public Participation / Involvement Best Management Practice 2.A Annual Public Meeting Descri Dtion Conduct an annual public meeting to receive public opinion on the adequacy and effectiveness of the SWPPP program components and provide an opportunity to provide information on stormwater related issues as requested. The components below will be considered when developing and implementing the meeting schedule. Measurable Goals Develop agenda for annual public meeting Evaluate written and oral input and determine if revisions to the SWPP would be required. Number of attendees at annual meetinn Implementation schedule January 2004 - First public meeting and annually thereafter on dates tobe determined. March 2004 and annually thereafter March 2004 and annually thereafter Specific Components 0 Establish meeting procedure and processes for speakers and written comments. 0 Consider timely, relevant written materials submitted by the public. 0 Allow interested persons time to make oral statements on SWPPP. Existing Activitv None Responsible Department Public Works Department Contact: Leslie A. Stovring Environmental Coordinator 952-949-8327 City of Eden Prairie BMP Description Sheets BMP 10 of 40 6Lt Minimum Control Measure 2 Public Participation / Involvement Best Management Practice Measurable Goals Number of kits provided. 2.B Storm Drain Labeling Program Implementation schedule May 2003 - Purchase materials for a minimUm of 6 DescriDtion Number of VOlunteers Who Check Out . Provide materials for a Volunteer Storm Drain Labeling Program in which volunteer groups may pick up supplies and equipment for storm drain labeling fiee of charge. The labeling of storm sewers will provide the public with the awareness that materials which enter the storm drain system is discharged directly into the lakes within the City. kits- for distribution to residents. Provide maps and check out materials to track kits and areas labeled starting May 2003 and annually thereafter. Specific Components 0 Storm drain education handout for each kit for the volunteer to provide to residents within the neighborhood being labeled. Volunteer list. 0 Development of priority labeling areas. Advertisement of the opportunity in the Eden Prairie News or City newsletter. Existing Activity Limited number of kits provided each year. Responsible Department Public Works Department Contact: Leslie A. Stovring Environmental Coordinator 952-949-8327 City of Eden Prairie BMP Description Sheets BMPllof40 & Minimum Control Measure 2 Public Participation / Involvement Best Management Practice Measurable Goals Number of volunteers Number.of ponds evaluated 2.C Wetland Health Evaluation Program Implementation schedule December 2003 and reported annually thereafter December 2003 and reDorted annuallv thereafter Description Provide support arid laboratory space for the Wetland Health Evaluation Program in which volunteer groups monitor selected wetlands within the City of Eden Prairie to determine existing and ongoing health of these wetlands within the City. Ongoing program is provided by the Hennepin Conservation District and is dependent on the County’s continuance of this program. Recommendations for wetland health improvements will be determined based on the evaluation. The wetlands selected all receive stormwater inputs. Information collected will be made available to the public as provided by Hennepin Conservation District to increase awareness on wetland health issues within the City. Specific Components 0 Laboratory space Equipment for the evaluation Wetland Health Evaluation guidelines - HLnnepin Conservation District coordination Existinn Activity The first year of the Wetland Health Evaluation Program was in 2002. Responsible Department Public Works Department Contact: Leslie A. Stovring Environmental Coordinator 952-949-8327 City of Eden Prairie BMP Description Sheets BMP 12 of 40 Minimum Control Measure 2 Public Participation / Involvement Best Management Practice . 2.D Annual Park Clean Up Event Measurable Goals Implementation schedule ~~ber ofvol~teers and/or VOlu&er groups April 2003 and reported annually thereafter DescriDtion Provide support for the Annual Park Clean Up Event in which volunteer groups work to clean up areas of dumping within parks and trails within the City. The event is currently held on the third Saturday in April and is an good tool for increasing awareness on the amount and types of materials which are dumped in our parks and the potential impacts they may have to water quality. The success of the program will be evaluated each year and the need to continue the program will be determined based on the results. Specific Components Clean up guidelines Equipment for the clean up Existing Activity This is an ongoing program. Responsible Department Parks and Recreation Department Contact: Stuart Fox Parks Manager 952-949-8445 City of Eden Prairie BMP Description Sheets BMP13of40 LT Minimum Control Measure 2 Public Participation / Involvement Best Management Practice Measurable Goals Number of attendees (estimated) 2.E City Open House Implementation schedule March 2004 Description The City has proposed developing an annual event which would include an Open House for City facilities, such as the City Center, Fleet Services, Fire Department and Environmental Learning Center, starting in 2003. Educational information will be developed to distribute to the public to develop awareness on issues related to the stomwater management program. Materials will change annually as needs and emphasis change. The benefit and success of the event will be evaluated after the first event in 2003 and future events will be scheduled accordingly. Homeland Security issues may also modify the plans for holding an open meeting. Specific Components Environmental Education materials / brochures for distribution Existing Activity No Responsible Department Office of the City Manager Contact: Jodi Hoag Communications Coordinator 952-949-8434 City of Eden Prairie BMP Description Sheets BMP 14 of 40 657- Minimum Control Measure 3 Illicit Discharge Detection and Elimination Best Management Practice . 3.A Storm Sewer System Map Measurable Goals Implementation schedule evaluate what new information is required. Add information and standardize the map information Produce storm sewer map Gather existing maps and data and March 2003 - March 2005 Mach 2005 - March 2007 Beginning December 2007 and at the end of each reporting year thereafter the storm sewer map will be updated to reflect structural changes to the system as needed. The City’s Water Body Map will also be updated at the end Update City Water Body Map Description A storm sewer system map is currently under development in ArcView. The completed map will be evaluated on an annual basis and updated as needed. Maps are made available to the public. Specific Components 0 0 0 0 Ponds, streams, lakes and wetlands. Structural pollution control devices (Le. grit chambers, separators, etc.) All pipes 12 inches in diameter and over. All outfalls and other discharge points, including overland discharges. Existing Activity 0 Local Water Management Plan - to be completed in 2003. 0 Stormwater Pond Inventory completed h 2002. 0 Comprehensive Wetland Protection and Management Plan - completed in 1999. 0 Hand drafted storm sewer map and as-builts for development / road projects Responsible Department Public Works Department Contact: Leslie A. Stovring Environmental Coordinator 952-949-8327 City of Eden Prairie BMP Description Sheets BMP 15of40 6q Minimum Control Measure 3 Illicit Discharge Detection and Elimination Best Management Practice . 3.B Illicit Discharge Ordinance Description Review and update City ordinances that prohibit non-stormwater discharge into the storm sewer system. During the first 3 years, the City will review current ordinances and policies and revise them according to regulatory requirements. Measurable Goals I Implementation schedule I ~~ Comparison of existing ordinances and policies with other communities and regulatory bodies. Complete Draft Ordinance Complete Ordinance Update Illicit Discharge and Detection Program to reflect ordinance changes .. December 2005 - Complete comparison December 2006 - Completed illicit discharge, Specific Components - To be addressed if determined to be significant 0 0 Illicit connections control. 0 Illegal dumping control. Recreational sewage control. 0 Water line flushing Swimming pool discharges 0 Septic system requirements - include inspections for property transfers and post-construction. Right of Entry provision to inspect discharge Mastructure. Sanitary sewer overflow detection and repair. Post-construction inspections of storm sewer systems. Residential vehicle repair and washing. Existing Activitv Yes Responsible Department Public Works Department Contact: Leslie A. Stovring Environmental Coordinator 952-949-8327 City of Eden Prairie BMP Description Sheets BMP16of40 70 Minimum Control Measure 3 Illicit Discharge Detection and Elimination Best Management Practice Measurable Goals . Evaluate existing information on inspections 3.C Illicit Discharge and Detection Program Implementation schedule March 2004 Description performed to date within the City. Identify and prioritize potential illicit Establish program to detect and eliminate illegal and/or improper connections to storm drainage systems and receiving water. The City will focus on the outfall system inspection as scheduled for Minimum Control Measure 6.6. If potential illicit discharges are identified, the specific components listed below will be considered for identification of potential sources. December 2004 connection assessment sites. Hotline - Create a Hotline for residents and businesses to report potential illicit discharges. Document number of calls annually. Number of Outfalls inspected Number of septic systems inspected and number reported as failing or failed. March 2005 and reported annually thereafter December 2005 and reported mually December 2005 and reported mually Specific Components (To be addressed if determined to be significant) 0 Dry weather flow tests. 0 0 0 Surveys to building owners and/or managers to inspect their discharge systems. Camera tests for problem areas. Individual property or building inspections. Community hotline and documentation procedures. Organize buildings by age and SIC code. Compile septic system information, including existing inspection records. Existing Activity Building inspections program for construction, remodeling and septic systems. Responsible Department Public Works Department Contact: Leslie A. Stoning Environment a1 Coordinator 952-949-8327 City of Eden Prairie BMP Description Sheets BMP 17of40 7 I Minimum Control Measure 3 Illicit Discharge Detection and Elimination Best Management Practice Measurable Goals Assess existing illegal dumping complaints and actions taken. Develop criteria for defining illegal dumping. Assess potential areas for illegal dumping. Hotline - Develop and promote a Hotline for residents and businesses to call to report potential illegal dumping. Document number of calls annually. Develop signage to educate residents on the impacts of illegal dumping in locations of multiple infkactions areas. Include Hotline information. 3.D mega1 Dumping Detection Program Implementation schedule March 2004 March 2005 March 2004 ~~~~di~~ in March 2005 August 2005 Description Establish program to detect and eliminate illegal dumping which may impact storm drainage systems and receiving waters. Public awareness will be raised on this issue and how they can help prevent water quality impacts due to illegal dumping. Specific Components 0 0 Illegal dumping information collected to date. Community hotline and documentation procedures. Existing Activity Yes Responsible Department Parks and Recreation. Department Contact: Wes Dunsmore Park Maintenance 952-949-8535 City of Eden Prairie BMP Description Sheets 18of40 72 Minimum Control Measure 3 Illicit Discharge Detection and Elimination Best Management Practice Measurable Goals Number of vehicles Amount of materials disposed of. 3.E Annual City Clean Up Implementation schedule August 2003 and reporting annually starting in March 2004. August 2003 and reporting annually starting in March Description Provide an annual City Clean Up Day where residents can bring in materials for disposal. No hazardous waste materials would be accepted. Acceptable materials to include items such as yard waste, fi.lrniture, tires, appliances, scrap metal, building materials, carpet and general trash. The apual clean up is seen as a tool to deter illegal dumping of these materials as many items are accepted at reduced prices or fiee of charge. The program will continue while City funds are available. 12004. Specific Components Promotion of annual event. 0 Partnership with BFI or other local waste hauler. i Existing Activitv The City Clean Up is an annual event. Responsible Department Public Works Department Contact: Leslie A. StoVring Environmental Coordinator 952-949-8327 City of Eden Prairie BMP Description Sheets BMP19of40 73 Minimum Control Measure 4 Construction Site Runoff Control Best Management Practice Complete evaluation of existing ordinances and policies, including other local municipalities. Review PCA model ordinance and minimum standards as well as Watershed District and County requirements. Complete Draft ordinance Complete final ordinance 4.A Construction Site Stormwater Runoff Ordinance February 2004 - Complete evaluation March 2004 December 2004 - Complete draft ordinance March 2005 - Complete and begin DescriDtion Develop a “Clean Site Ordinance” to address construction site stormwater runoff control and enforcement. The City will evaluate existing ordinances and policies in relation to the permitting authority minimum standards and county requirements the first year then develop an ordinance in the second along with education measures to inform contractors and the public of the changes. Enforcement would begin prior to May 10,2005. I Measurable Goals I Imdementation schedule I implementation of final ordinance. Specific Components 0 Right of entry provision 0 0 0 0 Construction site waste control (MCM 4C) Site erosion control guidelines for compliance, including requirement for certified erosion and sedimentation control contractors Inspection program with penalties for non-compliance Site plan review procedures, including establishment of performance bond requirements. Existing Activity Ordinance and policies on erosion control Responsible Department Public Works Department Contact: Leslie A. Stovring Environ&ental Coordinator 952-949-8327 City of Eden Prairie BMP Description Sheets BMP20of40 7q Minimum Control Measure 4 Construction Site Runoff Control Best Management Practice Measurable Goals Evaluate BMPs currently used on construction sites .h 4.B Construction Site Plan Review Implementation schedule December 2003 Description the City. Evaluate guidelines BMPs / WS for contractors and residents Develop plan review process and determine . procedures to be followed. Number of Plan reviews performed Update procedures for construction site erosion control measures within the Development Review process to incorporate provisions of the proposed Construction Site Stomwater Runoff Ordinance. The City plans to evaluate BMPs (or Ws) for erosion and sediment control that would meet the minimum standards proposed in the Construction Site Stormwater Runoff. December 2005 May 2005 May 2006 and reported annually thereafter. Specific Components Define communication link between engineering, planning, inspections and zoning. MPCA construction site BMP manual Site plan review fees 0 BMP requirements, including installation expectations, inspection guidelines and timelines. Development Review guidelines Existing Activity City and Watershed District site plan review for erosion control Responsible Department Public Works Department Contact: Mary Krause Project Engineer 952-949-83 15 City of Eden Prairie BMP Description Sheets BMP21of40 7 5 Minimum Control Measure 4 Construction Site Runoff Control Best Management Practice 4.C Construction Site Waste Control Program Description Develop construction site waste and debris management guidelines. Assess existing policies and control requirements. The guidelines will be evaluated and incorporated into the Construction Site Stormwater Runoff Ordinance as practical. Contractors will be informed of the requirements developed to increase awareness on water quality in relation to construction waste practices. I Measurable Goals Develop checklist for contractors for site inspections, for use by the City. Number of construction sites inspected Evaluate guidelines and inspection program for incorporation into ordinance Develop process to handle non-compliance reports Number of enforcement actions. . Implementation schedule June 2003 December 2003 March 2004 December 2004 March 2005 and reported annually thereafter. Specific Components e 0 e e e e e e e e Litter control Sanitary waste control Concrete truck wash out areas Traffic patterns Perimeter protection On-site disposal, including maximum storage times, hazardous materials disposal procedures, . maximum amounts of storage and building material storage. Compliance / enforcement responsibilities Escrow / bond requirements Checklist for management of construction sites for the contractor Complaint hotline or web site link Existing Activity Yes Responsible Department Public Works Department Contact: Randy Slick Engheerhg 952-949-8322 City of Eden Prairie BMP Description Sheets BMP22of40 76 Minimum Control Measure 4 Construction Site Runoff Control Best Management Practice Measurable Goals Develop checklist for inspections Number of construction sites inspected Evaluate guidelines and inspection program for 4.D Construction Site Inspection & Enforcement Implementation schedule August 2003 March 2004 and annual reporting thereafter Mach 2005 Description Update construction site inspection and enforcement guidelines. Assess existing policies and control requirements. The guidelines will be evaluated and incorporated into the Construction Site Stormwater Runoff Ordinance as practical. incorporation into ordinance Develop process to handle non-compliance reports Number of complaints and enforcement December 2005 March 2006 and annual reporting thereafter. I actions. I Specific Components 0 0 Stop work order procedure 0 Fine structure for non-compliance 0 Log to track inspections and enforcement activity 0 Complaint hotline or web site link for residents and employees Erosion and sedimentation control guidelines Existing Activity City and Watershed District site inspections for erosion control compliance Responsible Department Public Works Department Contact: Randy Slick Engineering 952-949-8322 City of Eden PraFe BMP Description Sheets BMP23of40 77 J Minimum Control Measure 5 Post Construction Runoff Control Best Management Practice Review current ordinances and policies. Complete Draft Ordinance 5.A Post Construction Ordinance Mar& 2005 December 2005 Description Develop a post-construction ordinance to establish guidelines for post-construction runoff control for development and redevelopment sites. I Measurable Goals 1 Implementation schedule I Complete Final Ordinance I March2006 SDecific Components Impervious cover limits Native landscaping incentives Local Water Management Plan criteria I Integrated Management Practice (IMP) and Law Impact Development guidelines for where practical Site stabilization, including vegetative cover and structural stabilization measures, for disturbed areas. Exist i nq Activity Yes - Native Plant Landscaping Ordinance in place Responsible Department Public Works Department Contact: Leslie A. Stovring Environmental Coordinator 952-949-8327 City of Eden Prairie BMP Description Sheets BMP24of40 78 Minimum Control Measure 5 Post Construction Runoff Control Best Management Practice Number of stormwater detention devices constructed Number of integrated management Or low-impact development devices constructed. 5.B Stormwater Detention March 2004 with annual reporting thereafter March 2004 with annual reporting thereafter Description Continue requiring construction of stormwater detention to protect receiving waters such as lakes, wetlands and streams for development and redevelopment sites. Develop guidelines for including Integrated Management Practices (IMPS) where practical. Measurable Goals 1 ImDIementation schedule Specific Components 0 Stormwater detention construction requirements Guidelines for Integrated Management Practices (Ws) and Low-Impact Development (LID), including excavated landscaping features such as grassy swales, rain gardens, bioretention and filters where practical Existing Activitv Ordinance for stormwater detention pond construction to NURP standards Responsible Department Public Works Department Contact: Mary Krause Project Engineer 952-949-83 15 P City of Eden Prairie BMP Description Sheets BMP 25 of 40 7q Minimum Control Measure 5 Post Construction Runoff Control Best Management Practice Measurable Goals Number of structures repaired. 5.C Outlet Structure Stabilization Implementation schedule March 2004 and reported annually thereafter Description Require outlet structure stabilization within the standard specifications for construction, including but not limited to tie rods, stabilization seeding and Class IV-V riprap. Use of this BMP will be required during construction to reduce slope erosion and outlet failure. Specific Components 0 Evaluate standards for use of stabilization materials Existing Activity Yes Responsible Department Public Works Department Contact: Mary Krause Project Engineer 952-949-83 15 City of Eden Prairie BMP Description Sheets BMP 26 of 40 70 Minimum Control Measure 5 Post Construction Runoff Control Best Management Practice Measurable Goals Complete LWMP. LWMP Five Year Review # 5.D Local Water Management Plan Implementation schedule December 2003 Dec. 2008 - Submit revised LWMP to State and Watershed District if required. Description The City of Eden Prairie is currently developing a Local Water Management Plan (LW) to comply with State and Watershed District requirements. The components listed below are being evaluated and incorporated into the plan. The LWMP is scheduled for completion in 2003 with review and possible reyision in 2008. The City will conduct annual internal staff reviews of the LWMP to evaluate how the plan and budget are working. Specific Components 0 Geology and soil types 0 Water resources 0 Landuse 0 Sensitive resources 0 Water body inventory update 0 Water quality goals 0 Issues and corrective actions Existina Activity Plan under development. Responsible Department Public Works Department Contact: Leslie A. Stovring Environmental Coordinator 952-949-8327 City of Eden Prairie BMP Description Sheets BMP 27 of 40 81 Minimum Control Measure 5 Post Construction Runofl Control Best Management Practice Measurable Goals Evaluation of need for inspection program 5.E BMP /IMP Operation & Maintenance Implementation schedule March 2005 Description Evaluate need for a formal inspection program for BMPs and IMPS installed in the City to evaluate hction and determine a maintenance program. Develop maintenance agreements to ensure proper function of BMPs and IMPS on private property, potentially including right of entry to inspect and repair the devices if not properly maintained by the owner. - -- Number of BMPs / IMPS repaired Evaluate use of BMPs / IMPS and function of the inspection and maintenance program. ~~ March 2006 with reporting annually thereafter Mmch 2007 Specific Components Geology and soil types 0 Landuse 0 Sensitive resources 0 Water quality goals Existing Activity None, plan under development. Responsible Department Public Works Department Contact: Leslie A. Stovring Environmental Coordinator 952-949-8327 City of Eden Prairie BMP Description Sheets BMP 28 of 40 Minimum Control Measure 6 Pollution Prevention / Good Housekeeping Best Management Practice Measurable Goals .Develop Park and Open space Program Number of employees trained 6.A Park and Open Space - Landscaping and Lawn Care Training Implementation schedule December 2003 - Completion of training program design. March 2004 - Begin implementation of training Description Develop a park and open space training program during the first reporting year that will focus on the components listed below to raise employee awareness on these topics. The program will be implemented in the second reporting cycle. I I program. I Specific Components 0 Fertilizer application training 0 Pesticide / herbicide application training 0 Mowing discharge training 0 Compost / mulch management Existing Activitv Yes, there is pesticide / herbicide application training required for licensed applicators. Responsible Person Parks and Recreation Department Contact: Stuart Fox Park Manager 952-949-8445 City of Eden Prairie BMP Description Sheets BMP 29 of 40 7-73 Minimum Control Measure 6 Pollution Prevention / Good Housekeeping for Municipal Operations Best Management Practice Measurable Goals Develop educational program for Staff and/or seasonal employees on chemical usage Amount of fertilizer used Amount of pesticides used 6.B Park and Open Space - Landscaping and Lawn Care Program Implementation schedule March 2004 with annual reporting thereafter March 2005 with annual reporting thereafter March 2005 with annual reDorting: thereafter Description Develop maintenance program of parks, open spaces, landscaped medians, and other landscaped areas to minimize water quality impacts fiom respective land uses. I Amount of herbicides used I March 2005 with annual reporting thereafter Speczc Components .. Park and Open Space - Landscaping and Lawn Care Training (MCM 6A) Compost and mulch generation and storage guidelines Leaf collection program for City parks only Soil analysis for fertilizer usage on a rotating basis for areas using fertilizer. Educational materials to distribute to municipal staff andor interns on chemical usage Fertilizer usage program’ for healthy turf Disease, insect and weed evaluation and control program Existing Activity Yes Responsible Person Parks and Recreation Department Contact: Wes Dunsmore Parks Maintenance 952-949-8535 City of Eden Prairie BMP Description Sheets BMP 30 of 40 54 Minimum Control Measure 6 Pollution Prevention / Good Housekeeping for Municipal Operations Best Management Practice Measurable Goals , Develop fleet and building maintenance training program Number of employees trained 6.C Fleet and Building Maintenance Training Implementation schedule March 2004 - Completion of training program design. March 2005 - Complete implementation and Description Formalize a fleet and building maintenance training program during the first reporting year that will focus on the components listed below to develop employee awareness of theses topics. The program will be implemented in the second reporting cycle. I tracking oftrainingDromam. I Specific Components e e e e e e e e e e Vehicle Maintenance Program for vehicle inspection and vehicle washing activities so all vehicles inspected at least once annually (MCM 6.D) Spill clean-up training Hazardous Materials training Leak prevention and inspection training, including building infkastructure and storage areas. Pest control Landscaping and lawn care practices Materials management Vehicle Fueling Lubricant disposal Road salt management for materials and equipment Existing Activitv e Right to Know Training On the Job Training Responsible Department Public Works Department Contact: Cliff Cracauer Fleet Services Manager 952-949-8537 City of Eden Prairie BMP Description Sheets BMP 31 of40 gs Minimum Control Measure 6 Pollution Prevention / Good Housekeeping for Municipal Operations Best Management Practice Measurable Goals Number of vehicles inspected each year Number of spills reported to the MPCA Number of reportable spills cleaned up 6.D Fleet and Building Maintenance Program Implementation schedule March 2004 and reported annually thereafter March 2004 and reported annually thereafter March 2004 and reported annually thereafter Description The City of Eden Prairie currently operates an Fleet and Building Maintenance Program which requires inspection, corrective actions and employee training. The City plans to continue with the program and will include training in the components listed below. Specific Components 0 Fleet and Building Maintenance Training Program (MCM 6C) 0 Vehicle washing procedures and wash water management 0 Inspection requirements and checklists to be used . 0 Documenting and reporting procedures 0 Spill reporting forms 0 Spill and leak prevention procedures 0 Fuel and liquids inventory Part and material disposal procedure 0 Preventative maintenance program Existing Activity Yes Responsible Department Public Works Department Contact: Cliff Cracauer Fleet Services Manager 952-949-8537 City of Eden Prairie BMP Description Sheets BMP 32 of 40 776 Minimum Control Measure 6 Pollution Prevention / Good Housekeeping for Municipal Operations Best Management Practice Amount of road Salt applied each Year- Evaluate road Salt aPPfiCatiOn to industry standards Develop management plan for salt cover facility Percent of salt stored under cover 6.E Road Salt Materials Management Program March 2004 with annual reporting thereafter July 2005 - Evaluate and make adjustments accordingly. March 2007 March 2008 Description Continue and formalize tracking of the amount of road salt applied to streets and parking lots during an annual reporting cycle. Annual training will be provided to employees on proper road salt application and management of the materials. After reviewing the first two years of data, the City will evaluate the application rates and types of chemicals used and compare them to industry standards and availability of alternative products and adjust as practical. I Measurable Goals I Imnlementation schedule I Specific Components 0 Road salt application and management training program (MCM 6C) 0 Road salt application rates 0 Alternative product evaluation 0 0 Vehicle inspection program 0 Storage area inspection program Calibration schedule of deicing applicator devices Existing Activity Yes Responsible Department Public Works Department Contact: Tom Tesch Street Maintenance 952-949-8534 City of Eden Prairie BMP Description Sheets BMI? 33 of 40 v Minimum Control Measure 6 Pollution Prevention / Good Housekeeping for Municipal Operations Best Management Practice 6.F Stormwater System Maintenance Training Description Develop a stormwater system maintenance training program during the first reporting year that will focus on storm sewer maintenance and source management to develop employee awareness of the components listed below. The program will be implemented in the second reporting cycle. I Measurable Goals Develop stormwater system training Imdementation schedule March 2004 - Completion of training program design. April 2004 - Begin implementation of training Specific ComDonents 0 Parking lot and street cleaning 0 Storm drain system cleaning 0 Road salt materials management 0 Debris removal 0 .Catch basin / manhole cleaning 0 Systemflushing . 0 Storm drain system inspection criteria Existinn Activity Yes - as needed for seasonal employees or annual refresher training Responsible Department Public Works Department Contact: Ed Sorensen Utilities Supervisor 952-294-5909 City of Eden Prairie BMP Description Sheets BMP 34 of 40 z3. Minimum Control Measure 6 Pollution Prevention / Good Housekeeping for Municipal Operations Best Management Practice 6.6 Storm Sewer Inspection Program Description Establish an annual inspection program that will include inspection of 20% of known outfalls, sediment basins and ponds and 100% of the pollution control devices such as manholes, grit chambers, sumps, floatable skimmers, traps and separators that are under City ownership andor Drainage and Utility Easements. The City will evaluate stormwater system components that are not under drainage and utility easements and in private ownership to determine the best way to address these areas. The City will reevaluate the inspection intervals after two reporting years and make changes if required. Measurable Goals Evaluate privately owned stormwater system components and how to encourage inspections and repairs. Implementation schedule I June 2003 with 20% each year until Specific Components 0 0 0 Storm sewer map 0 0 Weather conditions 0 0 Maintenance performed or recommended Stormwater System Maintenance Training (MCM 6F) Outfall, sediment basins and pond inspection database and forms Criteria for repair, replacement or maintenance Sediment storage and remaining capacity estimates Existing Activity Yes Responsible Person Public Works Department Contact: John Carlon Water & Utilities Division 952-294-5906 City of Eden Prairie BMP Description Sheets BMP 35 of 40 1 Minimum Control Measure 6 Pollution Prevention / Good Housekeeping for Municipal Operations Best Management Practice ' 6.H Storm Drain System Cleaning & Repair Number of sumps cleaned or repaired each year Number of outfalls cleaned or repaired each Year Number of manholes and catch basins cleaned or repaired each year Evaluation of program March 2004 and reported annually March 2004 and reported annually March 2004 and reported mually December '2006 - Complete evaluation of program and determine if changes are required. Description The City of Eden Prairie currently operates a sewer cleaning truck to clean out catch basins and remove debris fiom the storm sewer line as needed. The current system evaluates all lines and structures for cleaning within a two year cycle or as needed according to random inspections. The City will continue to operate on this schedule. I Measurable Goals I ImDlementation schedule I Specific Components 0 Stormwater System Maintenance Training (MCM 6F) 0 Storm sewer and sump cleaning schedule 0 Storm sewer system map / inventory 0 Sewer cleaning truck maintenance schedule 0 Storm sewer inspection program Planting program along drainage areas of salt-tolerant plants 0 Curb and gutter maintenance Existing Activity Yes Responsible Person Public Works Department Contact: John Carlon Water & Utilities Division 952-294-5 906 City of Eden Prairie BMP Description Sheets BMP 36 of 40 "To Minimum Control Measure 6 Pollution Prevention / Good Housekeeping for Municipal Operations Best Management Practice Measurable Goals Number of employees trained per year &mber of times each Street, trail Or PXug lot is swept annually Develop educational materials for creating awareness of the importance of street sweeping for private businesses and homeowner’s associations. Number of educational materials distributed ’ 6.1 Parking Lot and Street Cleaning Implementation schedule March 2004 and reported annually thereafter March 2004 and reported annually thereafter March 2005 March 2006 and reported annually thereafter DescriDtion The City of Eden Prairie currently uses mechanical street sweepers to remove sediment and debris fiom road surfaces within the City’s ownership to minimize the amount of materials received by the storm sewer system. The City plans to continue to use the current system of street and parking lot sweeping which involves training, storage, disposal and scheduling of sweeping. Specific Components 0 Sweeping schedule Location of disposal site Sweeper maintenance schedule 0 Stormwater System Maintenance Training (MCM 6F) Debris and litter collection program Streets and parking lots under City ownership are currently swept a minimum of once annually. Responsible Department Public Works Department Contact: Tom Tesch Street Maintenance 952-949-8534 City of Eden Prairie BMP Description Sheets BMP 37 of 40 71 Minimum Control Measure 6 Pollution Prevention / Good Housekeeping for Municipal Operations Best Management Practice Measurable Goals Develop inspection guidelines for bridges 6. J Bridge Maintenance Program Implementation schedule March 2005 Description Develop a program to add inspection of stomwater measures into the existing bridge safety inspection program. 1 Number of bridges inspected I July 2005 with annual reporting thereafter 1 Specific Components Bridge safety inspection program Existing Activity Safety Inspections - includes examination of bridge surface joints and drainage in accordance with the Federal Highway Administration and Minnesota Department of Transportation criteria. Respond ble Department Public Works Department Contact: David Olson 952-949-8323 City of Eden Prairie BMP Description Sheets BMP 38 of 40 42 Minimum Control Measure 6 Pollution Prevention / Good Housekeeping for Municipal Operations Best Management Practice 6K F’ire Division - Maintenance and Training Program Description Evaluate and develop guidelines for fire fighting chemical usage, vehicle washing and other in- house fire activities and t6 raise employee awareness of water quality impacts that may result from the components listed below. I Measurable Goals I Timeline - Implementation schedule I Guidelines developed 1 March2004 Specific Components Wash water management 0 Fire fighting chemical storage and usage Existing Activitv? Yes Responsible Department Fire Department Contact: George Esbenson Fire Chief 952-949-8336 City of Eden Prairie BMP Description Sheets BMP 39 of 40 43 Record Keeping Storm Water Pollution Prevention Plan Best Management Practice Customize ASIST database for City of Eden Prairie usage Record Keeping for BMP Management RK - Record Keeping Description April - May 2003 Onpojng: The City will purchase the ASIST solLware (or a similar product) in order to track and manage inspections and overall BIV” implementation as well as report the City’s progress when measured against its SWPPP. (Measurable dials I Timeline - Implementation schedule I l Download and install ASIST software I April 2003 I Specific Components ASISTSoRware Water body database Existing Activity? No Responsible Department Public Works Department Contact: Leslie A. Stovring Environmental Coordinator 952-949-8327 City of Eden Prairie BMP Description Sheets BMP 40 of 40 CITY COUNCIL AGENDA SECTION: Consent Calendar DEPARTMENTDMSION: ITEM DESCRIPTION: Engineering Department Mary Krause Eugene A. Dietz Approve Limited Use Permit Agreement with MnDOT for a Trail within TH212 Right-of- Way, along TH212 adjacent to Eden Woods Senior Campus DATE: April 15,2003 ITEM NO.: la_.€. Requested Action Move to: Approve Limited Use Permit Agreement with MnDOT for a new trail within TH 212 right-of-way along TH 212 from the southwest property comer of Eden Woods Senior Campus to Medcom Boulevard and authorize the Mayor and City Manager to execute the document. Synopsis This trail is to be constructed by the Developer of the Eden Woods Senior Campus project in accordance with the Developer’s Agreement. This document will allow the project to move forward by identifying rights and responsibilities for the construction of the trail. Background Information The Eden Woods Senior Campus project was approved by Council in 1999 and is located on the east side of TH 212 across from Fountain Place. The project consists of approximately 325 senior housing units consisting of townhomes, independent units, assisted living units and a dementia wing. This housing is a “continuum of care” concept. A condition of the Developer’s Agreement included the construction of a trail fiom this project to Medcom Boulevard in order to provide a pedestrian corridor for seniors to the shopping and mall areas. The trail is to be constructed partially within MnDOT TH 212 right-of-way. MnDOT’s approach to these types of requests is from the perspective that the highway right-of-way is for the primary use of roadways. Therefore, Limited Use Permits, including this one, have the following characteristics: 0 0 0 0 All construction costs and on-going maintenance costs are the responsibility of the permittee All liability for the construction, maintenance and operation of the trail is the responsibility of the permittee We are obligated to indemnify MnDOT for all aspects of the use of the corridor for trail purposes This permit is subject to revocation with a 60-day notice While these criteria may seem onerous, they are the standard procedure resulting from such requests. The rislcs and liabilities for the installation of this trail are balanced by providing pedestrian and bicycle access along this corridor and provision of the trail will be a significant safety enhancement compared to existing conditions. Staff recommends approval of the Limited Use Permit for the trail within the TH 212 corridor, adjacent to Eden Woods Senior Campus. Attachments cir; Limited Use Permit Agreement PAGE 03 STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION LIMITED USE PERMIT C.S. County of In accordance with Minnesota Statutes Section 161,434 and Federal-Aid Policy Guide, Pat? 652, a Limited Use Permit is hereby granted to the , Permittee. This permit is for the purpose of constructing, maintaining and operating a , (hereinafter called trail), within the right of way of Trunk Highway No. as shown in red on Exhibit "A", which is attached hereto and incorporated herein by reference. This permit is executed by the Permittee . pursuant to the attached resolution. In addition, the following special provisbns shall apply: SPECIAL PROW SlONS The construction, maintenaoce, and supervision of the trail shall be at no expense to the Minnesota Department of Transportation. Before construction of any kind, the plans for such construction shall be approved in writing by the Minnesota Department of Transportation, through the District Engineer. No permanent structure(s) or advertising device(s) in any manner, form or size shall be constructed, placed or permitted to be constructed or placed upon the State of Minnesota right of way. No commercial activity or activities shall be allowed to operate upon said State of Minnesota right of way, Page 1 of4 5. Any and all maintenance of the trail shall be provided by the Permittee; this includes, but is not limited to, the plowing and removal of snow, and the installation and removal of regulatory signs. 6, This permit is non-exclusive and is granted subject'to the rights of athers, including, but not limited t~ public utilities which mayoccupy said right uf way. 7. The Permittee shall preserve and protect all utilities located on the lands covered by this permit at no expanse to the Minnesota Department of Transportation and it shall be the responsibility of the Permittee to call the Gopher State One Call System at 1-800-252-1 I66 at teast 48 hours prior to performing any excavation. 8. Any crossings uf the trail over the trunk highway shall be perpendicular to the centerline of the highway and ahall provide and ensure reasonable and adequate stopping sight distance. 9. The Permittee shall construct the trail at the location shown in the attached Exhibit "A" subject to verification by the Minnesota Department of Transportation District Engineer that the construction geometrics and procedures result in a trail that is compatible with the safe and efficient operation of the highway facility. 10, Approval from Minnesota Department of Transportation District Engineer shall be required for any changes from the approved plan. 11 Upon completion of the construction of the trail, the Permittee shall restore all disturbed slopes and ditches in such manner that drainage, erosion control and ae$thetics are perpetuated. 12. This permit does not release the Permittee from any liability or obligation imposed by federal law, Minnesota Statutes, local ordinances, or other agency regulations relating thereto and any necessary permits relating thereto shall be applied for and obtained by the Permittee. 13. Any use permitted by this permit shall remain subordinate to the right of the Minnesota Depaffment of Transportation to use the property for highway and transportation purposes. This permit does not grant any interest whatsoever in land, nor does it establish a permanent park, recreation area or wildlife or waterfowl refuge facility that would become subject to Section 4 (f) of the Federal-Aid Highway Act of 1368, nor does this permit establish a Bikeway or Pedestrian way which would require replacement pursuant to Minnesota Statutes Section 1 60.264. 14. This permit shall be subject to cancellation and termination by the Minnesota Department of Transportation, with or without cause, by giving the Permittee 60 days written notice of such intent. Upon said notice of cancellation the trail shall be Page 2 of 4 01f18t2002 18: 38 €125583913 removed within 60 days, at no cost to the Minnesota Department of Transportation, by the Permittee and at the sole expense of the Permittee. Upon cancellation of said permit, or any portion thereof, the Permittee will be required to return and restore the area to a condition satisfactory to the Minnesota Department of Transportation District Engineer, 15. The Permittee, far itself, its successors, and assigns, agrees to abide by the provisions of Title VI Appendix C of the Civil Rights Act of 1964, which provides in part that no person in the United States, shall on the grounds of race, color, or national origin, be excluded from, or denied use of any trait. 16. The Permittee shall hold harmless and indemnify the State of Minnesota, its Commissioner of Transportation and employees and its successors and assigns, from liability claims for damages because of bodily injury, death, property damage, sickness, disease, or loss and expense arising from the operations of' the trail or from the use of the poffion of highway right of way over which this permit is granted. 17. The Permittee shall hold harmless and indemnify the State of Minnesota, its Commissioner of Transportation and employees and its successors and assigns from claims arising or resulting from the temporary or permanent termination of trail user rights on any portion of highway right of way over which this permit is granted. 18. The State of Minnesota, through its Commissioner of Transportation, shall retain the right to limit and/or restrict the parking of vehicles and assemblage of trail users on the highway right of way ov8r which this permit is granted, so as to maintain the safety of both the motoring public and trail users. 19. The Permittee will hold harmless and indemnify the State of Minnesota, its Commissioner of Transportation and employees from claims resulting from temporary or permanent changes in drainage patterns resulting In flood damage. 20. The Permittee shalt not dispose of any materials regulated by any governmental or regulatory agency onto the ground, or into any body of water, or into any container on the State's right of way. In the event of spillage of regulated materials, the Permittee shall provide for cleanup of the spified material and of materials contaminated by the spillage in accordance with all applicable federal, state and local laws and regulations, at the sale expense of the Permittee, Page 3 of 4 21. The Permittee (far itself, its contractors, subcontractors, its materialmen, and all other persons acting for, through or under it or any of them), covenants that no laborers’, mechanics’, or materialmen$’ liens or other liens or claims of any kind whatsoever shall be filed or maintained by it or by any subcontractor, materiafmen or other person or persons acting for, through or under it or any of them against the work and/or against said lands, for or on account of any work done or materials furnished by it or any of them under any agreement or any amendment or supplement thereto; agrees to indemnify and hold harmless the State of Minnesota from all such liens and claims. MINNESOTA DEPARTMENT OF TRANSPORTATION RECOMMENDED FOR APPROVAL BY Its District Engineer Andw, , By: . -- Its Date .. Date APPROVED BY COMMISSIONER OF TRANSPORTATION By;, Director, Off ice of Land Management The Commissioner of Transpartation by the execution of this permit certifies that this permit is necessary in the public interest and that the use intended is for public purposes. Page 4 of 4 CITY COUNCIL AGENDA SECTION: Consent Calendar DEPARTMENT/DMSION: Public Works Services Eugene A. Dietz ITEM DESCRIPTION: Declaration of Surplus Property and Authorization for Disposal DATE: April 15,2003 ITEM NO.: Requested Action Move to: . Declare vehicles scheduled for replacement in 2003 per attachment to be surplus property; and Authorize staff to dispose of the vehicles at public auction and trade-in. Synopsis The budget for 2003 contains a list of vehicles proposed for replacement. Although Council adopted the budget, proper procedure dictates that Council also declares that the equipment is surplus property and authorize disposal. Background Information With the exception of one trade-in vehicle, the vehicles scheduled for replacement will be disposed of at the Hennepin County Public Auction on three dates throughout the calendar year. A statutory requirement provides that Council take specific action to declare the equipment as surplus property and authorize disposition. The auction is supported by the County and many municipalities and is very well attended by the public. The result is that we sell the vehicles for the top range of the “blue book” average retail value (occasionally above). Most of the equipment that we purchase is through public bids secured by either the County or State, fiom which we are able to participate. Therefore, there is minimal opportunity for “trade- in” of equipment. The Hennepin County auction process has not only yielded top value for the equipment, but has streamlined the disposal process for us as well. Staff recommends adoption of the motion. Attachments Memo TO: GeneDietz Date 5/3/03 II II II FROM: Cliff Cracauer 299 1 GCHD34J7EF310064 1984 Chevrolet MI 01 0 Military 263 IGCDM19WXVB161633 1997 Chevrolet Astro 222 2FAFP71 WGYXI 6341 7 2000 Ford Crown Victoria 745 7FAFP71WGXX181687 1999 Ford Crown Victoria DATE: April 7,2003 1 W8YX163418 SUBJECT Auction of Excess Property 2000 Ford Crown Victoria As per our previous conversation, I am requesting authority to dispose of vehicles and equipment on the attached list. All.excess property listed to be sold at public auction held at, and run by, Hennepin County Medina facility. The City will Day a set fee of $55/vehicle and SUDDIV 1-2 workers on the dav of the Auction Veh# Vin# year Make Model Date 7/19/03 403 1996 Tor0 325D II II II It II 434 1 CUNH2221 HL008594 1997 Cushman Truckster 224 2FAFP71 WXYX163419 2000 Ford Crown Victoria 225 2FAFP71 W6YX1 63420 2000 1 3 Ford Crown Victoria 226 2FAFP71 W8YXl63421 2000:' Ford Crown Victoria 283 IJ4FJ68SlWL211841 1998%. Jeeo Cherokee 4x4 .. - .- auction. buction (Veh# bin# pear IMake IModel I -.- I- ..... , II t 223 kFAFP7' G:\CliffUOO3 Auctions G\ISSA\COUNCIL 2003LSURPLUS VEH '03.DOC CITY COUNCIL AGENDA SECTION: Consent Calendar DEPARTMENTDMSION: Parks and Recreation Robert A. Lambert Director ITEM DESCRIPTION: Parkland Donation ITEM NO: JZLG-1 Requested Action Motion: Move to accept the donation of land along Riley Creek fkom Ray N. Welter Jr. Synopsis Ray N. Welter developed a parcel of property adjacent to Riley Creek known as Welter’s Trailhead. As a part of that subdivision, Mr. Welter created an outlot that has a property ID #30- 115-22-24-0073. This outlot provides a trail connection along Riley Creek and also provides the creek crossing corridor to provide access firom residents living in the Settler’s Ridge development to their neighborhood park, the newly developed Crestwood Park. This parcel of land is critical to the City trail system and provides another portion of the Riley Creek Conservation Area that will ensure preservation of the wooded creek valley along Riley Creek. If the City Council accepts the donation of this property Mr. Welter will provide the City with the appropriate deed. RAL:mdd Ray N. Welter Jr. 11801 Germaine Terrace Eden Prairie, MN 55347 Tuesday, March 11,2003 Maya Nancy Tyra Lukens City Couiicil - Eden Prairie Minnesota 8080 Mitchell Road Eden Prairie, MN 55344 Dear City Officials: I am the owner of property ID # 30-116-22-24-0073 wluch is also known as out lot a Welter’s Trail Head. This is a beautiful piece of wooded property along Riley Creek. I would like to donate tlus property to the city of Eden Prairie. I would like tlus property to continually have a conservation easement and also allow a walking trail wherever the city decides, * Please let me know what to do to accomplish the above proposal. Tha& you, I Ray N. Welter Jr. Welters Trailhead Outlot Donation CITY COUNCIL AGENDA SERVICE AREmMSION: Engineering Department Mary Krause Eugene A. Dietz SECTION: Consent Calendar ITEM DESCRIPTION: I.C. 03-5598 Award Contract for 2003 Street Cracksealing DATE: April 15,2003 ITEM NO.: 'E, It. Requested Action Move to: Award contract for 2003 Street Cracksealing to Precision Sealcoat, Inc. in the amount of $45,920.00 and authorize the Mayor and City Manager to execute the document. Synopsis Sealed bids were received Thursday, April 3,2003 for the 2003 Street Cracksealing. Four bids were received as follows: Precision Sealcoating, Inc. $ 45,920.00 ASTECH $ 63,970.00 Bergman Companies $ 78,400.00 Bargen, Inc. $104,286.00 Background Information Street cracksealing is an annual street maintenance project in preparation for sealcoating. The fkding for this project is through budget #1707-6351, Contracted Services and Sealcoating budget #1707-6336. Staff recommends award to Precision Sealcoating, Inc. CITY COUNCIL AGENDA SECTION Consent Calendar DATE: April 15,2003 ITEM NO.: air. SERVICE AREADMSION: Engineering Department Mary Krause Eugene A. Dietz Requested Action ITEM DESCRIPTION: I.C. 03-5597 Award Contract for 2003 Street Striping Move to: Award contract for 2003 Street Striping to AAA Striping in the amount of $55,019.00 and authorize the Mayor and City Manager to execute the document. Synopsis Sealed bids were received Thursday, March 27, 2003 for the 2003 Street Striping. Three bids were received as follows: AAA Striping Service Company $55,019.00 United Rentals Highway Technology $59,559.00 Traffic Marking Service $65,465.00 Background Information Street striping is an annual street maintenance project. The budget for 2003 is $65,000.00 under budget #1714-6337. Staff recommends award to AAA Striping. CITY COUNCIL AGENDA SECTION: Consent Calendar DEPARTMENTLDMSION: ITEM DESCRIPTION: I.C. 01-5543 Engineering Department Randy Newton Approve Plans and Specifications and Order Advertisement for Bids for the TH 212 / Valley View Road Interchange Area Improvement Project DATE: April 15,2003 ITEM NO.: Qi, J-1 Requested Action Move to: Adopt resolution approving plans and specifications and ordering advertisement for bids for I.C. 01-5543, TH 212 / Valley View Road Interchange Area Improvement Project. Synopsis With the assistance of SEH, Inc. the Engineering Division has prepared plans and specifications for the TH 212 / Valley View Road Interchange Area Improvement Project. The project includes double left turn lanes fiom Bryant Lake Drive to Valley View Road, a trail along Bryant Lake Drive and replacement of the watermain that has been a continuing maintenance problem. Background In February 2002, the City Council approved the Professional Services Agreement for the final design of the TH 212 / Valley View Road Interchange Area Improve Project. The final design work has recently been completed and the project is ready for construction. The TH 212 / Valley View Road Interchange Area Improve Project was selected and is included in Mn/DOT’s FY 2003 Municipal Agreement Program. In order to obtain the funding fiom this program along with the other money Mn/DOT has dedicated to the project, the project must be let by June 30th, 2003. Financial Implications The anticipated construction cost estimate for the project is $1,450,000. Through several sources MOT has dedicated approximately $980,000 to the project and Hennepin County has dedicated approximately $130,000. The remaining construction costs are the responsibility of the City. CITY OF EDEN PRAIRIE EtENNEPIN COUNTY, MINNESOTA RESOLUTION NO. RESOLUTION APPROVING PLANS AND SPECIF’ICATIONS AND ORDERING ADVERTISEMENT FOR BIDS. WHEREAS, the City Engineer through SEH, Inc., has prepared plans and specifications for the following improvements to wit: I.C. 01-5543 TH 212 / Valley View Road Interchange Area Improvement Project and has presented such plans and specifications to the Council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: 1. Such plans and specifications, a copy of which is on file for public inspection in the City Engineer’s office, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published for 3 weeks, shall specify the work to be done, shall state the date and time that the bids will be publicly opened, and the City Council meeting at which they will be considered. No bids will be considered unless sealed and filed with the clerk and accompanied by a cash deposit, cashier’s check, bid bond or certified check payable to the City for 5% (percent) of the amount of such bid. ADOPTED by the Eden Prairie City Council on April 15,2003. ATTEST: Nancy Tyra-Lukens, Mayor SEAL Kathleen A. Porta, City Clerk CITY COUNCIL AGENDA DEPARTMENT AREALDMSION Engineering Department Jim Richardson Eugene A. Dietz SECTION: Consent Calendar ITEM DESCRIPTION: S.S.A. 00-09 Release of Land from Special Assessment Agreement for Settlers Ridge 5th Addition DATE: April 15,2003 I ITEMNO.: Requested Action Move to: Approve the Release of Land from Special Assessment Agreement for Settlers Ridge 5th Addition. Synopsis In August, 2000, the City of Eden Prairie entered into a special assessment agreement with Settlers Ridge Limited Partnership regarding the levying of special assessments for the trunk utility system and other utility improvements. The trunk improvements are completed and the assessments have been paid. Background Information The Trunk Improvements were completed as part of LC. 98-5458. Attachments Release of Land fiom Special Assessment Agreement RELEASEOFLAND This Release of Land is executed by the City of Eden Prairie, a Minnesota municipal corporation (“City”), as of April 15,2003. FACTS 1. A certain Agreement Regarding Special Assessments (“Agreement”) dated August 15, 2000, was executed by and between the City and Settlers Ridge Limited Partnership, which Agreement was filed as Document No. 7349410 with the Hennepin County Recorder on September 6,2000. 2. The special assessments contemplated by the Agreement, for the Trunk Utility System Improvements have been paid. 3. The property affected by this release is described as follows: Lots 1 through 20, Block 1; Lots 1 through 6, Block 2; Lots 1 through 5, Block 3; Lots 1 through 6, Block 4, Settlers Ridge 5& Addition, hereinafter referred to as the property. THERE3?ORE, the City of Eden Prairie, a Minnesota municipal corporation, hereby releases the Property from the Trunk Utility System obligations and conditions set forth in the Agreement Regarding Special Assessments dated August 15,2000, filed as Document No. 7349410 with the Hennepin County Recorder on September 6, 2000. This Release of Land shall not release or discharge the Property from the lien of any special assessments levied or pending by the City other than pursuant to the Trunk Utility System portion of the Agreement. IN WITNESS WHEREOF, the City of Eden Prairie has executed the foregoing instrument. CITY OF EDEN PRAIRIE A Municipal Corporation BY BY Nancy Tyra-Lukens Scott H. Neal Its Mayor Its City Manager STATE OF MINNESOTA ) 1 ss HENNEPIN COUNTY ) The foregoing instrument was acknowledged before me this day of A 2003, by Nancy Tyra-Lukens and Scott H. Neal, the Mayor and City Manager of the City of Eden Prairie, a municipal corporation under the laws of the State of Minnesota, on behalf of said corporation. Notary Public THIS INSTRTJMENT WAS DRAFTED BY City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 RELEASE OF LAND This Release of Land is executed by the City of Eden Prairie, a Minnesota municipal corporation (“City”), as of April 15,2003. FACTS 1. A certain Agreement Regarding Special Assessments (‘cAgreementyy) dated August 15, 2000, was executed by and between the City and Settlers Ridge Limited Partnership, which Agreement was filed as Document No. 7349410 with the Hennepin County Recorder on September 6,2000. 2. The special assessments contemplated by the Agreement have been paid. 3. The property affected by this release is described as follows: Lots 1 through 20, Block 1; Lots 1 through 6, Block 2; Lots 1 through 5, Block 3; Lots 1 through 6, Block 4, Settlers Ridge 5’ Addition, hereinafter referred to as the property. NOW, THEREFORE, BE IT RESOLVED, the Cig of Eden Prairie, a Minnesota municipal corporation, hereby releases the Property from the assessment obligations and conditions set forth in the Agreement Regarding Special Assessments dated August 15,2000, filed as Document No. 7349410 with the Hennepin County Recorder on September 6,2000. This Release of Land shall not release or discharge the Property from the lien of any special assessments levied or pending by the City other than pursuant to the Agreement regarding special assessments referred to above. IN WITNESS WHEREOF, the City of Eden Prairie has executed the foregoing instrument. CITY OF EDEN PRAIRlE A Municipal Corporation BY BY: Nancy Tyra-Lukens Scott H. Neal Its Mayor Its City Manager STATE OF MINNESOTA ) 1 ss rnNNEPIN COUNTY ) The foregoing instrument was acknowledged before me this day of 9 2003, by Nancy Tyra-Lukens and Scott H. Neal, the Mayor and City Manager of the City of Eden Prairie, a municipal corporation under the laws of the State of Minnesota, on behalf of said corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY I City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 CITY COUNCIL AGENDA SECTION: Public Hearings DEPARTMENT/DMSION: ITEM DESCRIPTION: ITEM NO.: Management and Budget/P@ming m.A, DATE: 04/15/03 I Donald R. Uram Lorence 3rd Addition 1 DanetteMoore I I H Requested Action Move to: Close the Public Hearing; and Adopt the Resolution for Comprehensive Guide Plan from Parklopen Space to Low Density Residential on .05 acres, from Low Density Residential to Parklopen Space on .05 acres; and Approve lSt Reading of the Ordinance for Zoning District Change from Public to R1-13.5, from R1-13.5 to Public on .05 acres; and Adopt the Resolution for Preliminary Plat of 0.93 acres into 2 lots and 1 outlot; and recommendations and Council conditions, and Direct Staff to prepare a Developer’s Agreement incorporating Staff and Board Synopsis This is for the replatting of one existing single-family lot to create a second single-family lot and one outlot. Community Planning Board Recommendation The Community Planning Board voted 5-0 to recommend approval of the project at its March 24, 2003 meeting. Background Information The City Council unanimously approved a similar proposal for the property in 199 1. However, the owner of the property at that time later withdrew the project. Both lots meet City code for size and dimensions. All housing units meet the setback requirements of the R1-13.5 zoning district. The existing access to the site is on City property along Valley View Road. For that reason, a land swap of 2,143 square feet is proposed to take place with the City, allowing access on its own property. Outlot A, which is contiguous to Round Lake Park, will be dedicated to the City and utilized as parklopen space. Attachments 1. 2. Resolution for Preliminary Plat 3. 4. Resolution for Comprehensive Guide Plan Change Community Planning Board minutes dated March 24,2003 Staff report dated March 24,2003 LORENCE 3RD ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2003- A RESOLUTION AMENDING THE COMPREHENSIVE MUNICIPAL PLAN WHEREAS, the City of Eden Prairie has prepared and adopted the Comprehensive Municipal Plan (“Plan”); and WHEREAS, the Plan has been submitted to the Metropolitan Council for review and comment; and WHEREAS, the proposal of Lorence 3rd Addition by Jon and Katie Thoma is for a replatting of an existing single-family lot to create a second single-family lot and transfer of ownership of land to the City for exchange. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Eden Prairie, Minnesota, hereby adopts the amendment of the Plan subject to Metropolitan Council approval as follows: .05 acres fkom ParWOpen Space to Low Density Residential and .05 acres fiom Low Density Residential to ParWOpen Space, located at 171 95 Valley View Road. Lorence 3rd Addition, being in Hennepin County, Minnesota, legally described as outlined in Exhibit A, is attached hereto and made a part hereof. ADOPTED by the City Council of the City of Eden Prairie this 15th day of April, 2003. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen A. Porta, City Clerk EXHIBIT A Lorence 3rd Addition Lot 1, Block 1, Lorence 2nd Addition -- LORENCE 3RD ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2003- RESOLUTION APPROVING THE PRELIMINARY PLAT OF LORENCE 3RD ADDITION FOR JON AND KATIE THOMA BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Lorence 3rd Addition for Jon and Katie Thoma, dated March 5,2003, and consisting of .93 acres into 2 lots, a copy of which is on file at the City Hall, is found to be in confonnance 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 15th day of April, 2003. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk STAEW REPORT TO: Community Planning Board FROM: Danette M. Moore, Planner THROUGH: Michael D. Franzen, City Planner DATE: March 24,2003 SUBJECT: Lorence 3rd Addition APPLICANT/ OWNER: Jon and Katie Thoma LOCATION: 17 195 Valley View Road REQUEST: 1 .) Comprehensive Guide Plan Change from ParWOpen Space to Low Density Residential on 0.5 acres. 2.) Comprehensive Guide Plan Change from Low Density Residential to ParWOpen Space on 0.5 acres. 3.) Zoning District Change from R1-13.5 to Public on .05 acres. 4.) Zoning District Change from Public to R1-13.5 on .05 acres. 5.) Preliminary Plat of 0.93 acres into 2 lots and 1 outlot. I r5 Staff Report - Lorence 3d Addition March 24,2003 Page 2 BACKGROUND The Comprehensive Guide Plan shows the property as Low Density Residential for up to 2.5 units per acre and ParWOpen Space. The property is zoned R1-13.5 and Public. The property is surrounded to the north by the Eden Prairie High School, to the east and south by Round Lake Park, and to the west by Lorence lSt and 2nd Additions, zoned RM-6.5 and R1-13.5. The City Council Unanimously approved a similar proposal for the property in 1991. However, the owner of the property at that time later withdrew the project. PRELIMINARY PLAT The proposal is to subdivide the 0.93-acre site into two single-family lots and one outlot. The existing home on the site is to remain. Lot 1 is 16,964 square feet and Lot 2 is 20,827 square feet in size. City Code requires a minimum lot size of 13,500 square feet in the R1-13.5 zoning district. The existing and proposed houses meet City Code for R1-13.5 setback requirements. The existing access to the site is on City property along Valley View Road. For that reason, a land swap of 2,143 square feet is proposed to take place with the City, allowing access on its own property. Outlot A, which is contiguous to Round Lake Park, will be dedicated to the City and utilized as parklopen space. UTILITIES City sewer and water is available to the existing house along Hames Way. Services can be made available to Lot 2 with connection to Hames Way, and will require an easement for these services over Lot 1. A bond will be required for the utility connections to Lot 2 for the restoration of Hames Way. GRADING AND DRAINAGE There are 3 12 diameter inches of significant trees on the property. The proposal will require the removal of two significant trees with a loss of 32 diameter inches, or 10%. The tree replacement plan will require 4 diameter inches. STAF'F RECOMMENDATION Recommend approval of the following request: 0 0 0 Comprehensive Guide Plan Change fr,om Parklopen Space to Low Density Residential on 0.5 acres. Comprehensive Guide Plan Change from Low Density Residential to ParWOpen Space on 0.5 acres. Zoning District Change fiom R1-13.5 to Public on .05 acres. Staff Report - Lorence 3d Addition March 24,2003 Page 3 Zoning District Change from Public to R1-13.5. Preliminary Plat of 0.93 acres into 2 lots and 1 outlot. This is based on plans dated March 5, 2003, the staff report dated March 24, 2003, and the following conditions: 1. Prior to City Council review, the proponent shall submit a plan showing 4 diameter inches of tree replacement. 2. Prior to any grading, tree removal or building permit for the property, the proponent shall install erosion control and tree protection fencing at the grading limits. 3. Prior to building permit issuance, the proponent shall pay the cash park fee. 4. Prior to release of final plat, the proponent shall: A. Provide a bond for the restoration of Hames Way as part of the utility connection required for Lot 2. B. Dedicate Outlot A to the City free and clear of any mortgages, liens, or other encumbrances, and free of debris, garbage, trash, dead trees, buried tanks, wells, construction material, noxious, toxic, or hazardous materials. Planning Board Minutes March 24,2003 Page 4 C. LORENCE 3’d ADDITION by Jon d Kati Thoma. Request for Comprehensive Guide Plan Change from ParldOpen Space to Low Density Residential on .05 acres, Comprehensive Guide Plan Change from Low Density Residential to ParWOpen Space on -05 acres, Zoning District Change from R1-13.5 to Public on .OS acres, Zoning District Change from Public to R1-13.5 on .05 acres, and Preliminary Plat of 0.93 a@&&o I. 2’bf$, I” Location: - 17195 valley View Road. Franzen stated this project i 0. The important aspect of this is a swap of 1 vate driveway is on private property. The recommendation o the recommendations on pages 2 and 3 of the staff rep0 Nelson asked if the driv View Drive. Gray responded old driveway will remai Frantz asked about the pro that they will be careful shouldn’t be disturbed. MOTION by Stoelting, s c hearing. Motion Way rather than Valley responded that the e pine.trees. Fox responded ting root systems carried, 5-0. ., approve a Comprehensive Guide Density Residential on .05 acres, Density Residential to ParWOpen R1-13.5 to Public on .05 acres, to R1-13.5 on .05 acres, and Preliminary Plat based on plans dated March 5,2003, subject to ated March 21, 2003, to the City Council. of 0.93 acres into * I CITY COUNCIL AGENDA SECTION: Public Hearings DEPARTMENT/DIVISION: Management and BudgetPlanning Donald R. Uram Scott A. Kipp DATE: 04/15/03 ITEM DESCRIPTION: City Center Parking Expansion 1 ITEMNO.: Requested Action Move to: 0 Close the Public Hearing; and Adopt the Resolution for Planned Unit Development Concept Amendment on 30 acres; and Approve 1 st Reading of the Ordinance for Planned Unit Development District Review with waivers within the 1-5 Zoning District on 30 acres. Synopsis This is for a parking lot expansion at the Eden Prairie City Center and to modify the existing access to Scenic Heights Road to create a second access to the parking lot. This project is for lSf and Znd readings. Second reading of the ordinance is located in the Ordinance and Resolution section of the agenda. Community Planning Board Recommendation The Community Planning Board voted 5-0 to recommended approval of the project to the City Council at the March 24,2003 meeting. Background Information The plan shows construction of 49 new parking spaces and a second access to the parking lot from Scenic Heights Road. A waiver is required to allow a driveway width of 40 feet. The code maximum is 30 feet. The additional width is needed since the driveway is shared with the fire station. The awarding of bid will take place on May 20,2003. The project will begin on June 16th and be completed August 1 5th. Total cost for the project is approximately $200,000. Attachments 1. Resolution for PUD Concept Amendment 2. Community Planning Board minutes dated March 24,2003 3. Staff Report dated March 21,2003 CITY CENTER PARKING EXPANSION CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2003- A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF CITY CENTER PARKING EXPANSION FOR CITY OF EDEN PRAIRIE 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 March 24,2003 for the City Center Parking Expansion by the City of Eden Prairie 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 April 15,2003. NOW, THEREFORE, BE IT RESOLVEDbythe City Council of Eden Prairie, Minnesota, as follows: 1. City Center Parking Expansion, being in Hennepin County, Minnesota, legally described as outlined in Exhibit A, is attached hereto and made a part hereof. 2. That the City Council does grant PUD Concept approval as outlined in the plans dated March 19,2003. 3. That the PUD Concept meets the recommendations of the Community Planning Board dated March 24,2003. ADOPTED by the City Council of the City of Eden Prairie this 15th day of April, 2003. Kathleen A. Porta, City Clerk Nancy Tyra-Lukens, Mayor EXHIBIT A PUD Concept-City Center Parking Expansion That part of the East Half of the Northeast Quarter of Section 16, Township 1 16, Range 22 West of the 5* Principal Meridian, lying Southerly of a line drawn fiom a point on the East line of the Northeast Quarter of said section, which is distant 1106.50 feet North along said East line fiom the Southeast corner of said Northeast Quarter to a point on the West line of the East Half of said Northeast Quarter, which is distant 953.50 feet North along said West line fiom the Southwest comer of said East Half, Hennepin County, Minnesota. Planning Board Minutes March 24,2003 Page 5 D. CITY CENTER PARKING EXPANSION by City of Eden Prairie. Request for Planned Unit Development Concept Amendment on 30 acres, Planned Unit Development District Review with waivers on 30 acres, Zoning District Amendment within the 1-5 Zoning District on 30 acres, and Site Plan Review on 30 acres. Location: 8080 Mitchell Koad. spaces and widen the fire station for fire vehicles. It would also cted at the end e school district offices provide for another entrance in the fall. Steppat stated he noticed the ng the driveway with other vehicles. Gray resp be any problems since emergency vehicles share t will provide a two lane approach. e public hearing. Motion carried, 5-0. MOTION by KO the Planned Unit velopment District Review with waiv istrict Amendment within the 1-5 dated March 2 1,2 Council. Motion carried, 5-0. I STAFF' REPORT TO: Community Planning Board THROUGH: Michael D. Frauen, City Planner FROM: Scott A. Kipp, Senior Planner DATE: March 21,2003 SUBJECT: City Center Parking Lot Expansion APPLICANT/ OWNER: City of Eden Prairie LOCATION: 8080 Mitchell Road REQUEST: 1. Planned Unit Development Concept Amendment on 30 acres 2. Planned Unit Development District Review with waivers on 30 acres 3. Zoning District Amendment within the 1-5 Zoning District on 30 acres 4. Site Plan Review on 30 acres Staff Report - City Center Parking Lot Expansion March 24,2003 Page 2 SITE PLAN The plan involves construction of 49 new parking spaces and modifying the existing driveway to Scenic Heights Road to create a second access to the parking lot. Parking meets the required 37.5 foot setback. A waiver is required to allow a driveway width of 40 feet. The code maximum is 30 feet. The additional width is needed since the driveway is shared with the fire station. DRAINAGE Storm water will drain through existing storm sewer pipes into the pond behind the City Center. A storm scepter will be installed before the pond to collect debris and sediment. LANDSCAPE PLAN The landscaping being removed fi-om the site will be replaced on a tree for tree basis. New trees will be three caliper inches providing 75 caliper inches. STAFF RECOMMENDATION Staff recommends approval of the following: 0 Planned Unit Development Concept Amendment on 30 acres 0 Planned Unit Development District Review with waivers on 30 acres 0 Zoning District Amendment within the 1-5 Zoning District on 30 acres Site Plan Review on 30 acres This approval is based on plans dated March 19,2003, subject to the recommendations of this Staff Report, and the following: 1. Prior to grading permit issuance, the proponent shall: A. Install erosion control at the grading limits of the property for review and approval by the City Engineer. 2. A Planned Unit Development waiver is granted for driveway width fi-om 30 to 40 feet. CITY COUNCIL, AGENDA SECTION: Public Hearing DEPARTMENTDIVISION: ITEM DESCRIPTION: ITEM NO.: Management and BudgetRlanning Donald R. Uram Michael Franzen Period Code Amendment Outdoor Storage & Displays Exempting Farmers from the 60 Day Time D.C, Requested Action Close the Public Hearing; and Approve 1st Reading of the Ordinance Related to Outdoor Storage & Displays by Exempting Farmers from the 60 Day Time Period Synopsis The ordinance would exempt farmers from the 60 day time period for outdoor storage and display. The ordinance would be consistent with State Statute. Background The Rural Zoning District does not have a time limit related to outdoor sales of farm produce. The Commercial Zoning District has a 60 day time limit on the temporary outdoor sales of materials, supplies, and merchandise. The code on Outdoor Sales and Display also regulates the amount of area used for outdoor sales, setbacks from property lines, limits the impact on parking spaces, and provides for safe vehicle circulation. Minnesota State Statute 329.14 regulates the licensing requirements for transient merchants and exempts persons selling products of the farm or garden. This statute is a mechanism facilitating the sale of farm produce. change City Code to remove the 60 day limitation. This State Statute excepting farmers prompted the discussion to Attachments 1. Staff Report dated March 12,2003 2. Proposed Ordinance 3. State Statute 4. Community Planning Board Minutes dated March 24,2003 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, &mSOTA ORDINANCE NO. -2003 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MIM\TESOTA AMENDING CITY CODE CHAPTER 11 BY AMENDING SECTION 11.03, SUBD. 3, J. 2., RELATING TO OUTDOOR STORAGE AND DISPLAYS; 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 11.03, Subd. 3, J. 2. is amended by adding a new item (8) to read as follows: t (8) Exemption. The 60 day time period in this Section shall not apply to farmers who sell produce from the farm on land occupied and cultivated by themselves. For the purpose of this Section only, “farmer” shall be defined as one who engages, as an occupation, in farming operations as a distinct activity for the purpose of producing a farm crop. Section 2. 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 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 meeting of the City Council of said City on the - day of ,2003, and finally read and adopted and ordered published at a regular ,2003. Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on the - day of ,2003 (e) Bumper rails and curbs shall be provided at locations descnied by the City Manager when needed for safety or to protect property. Source: City Code Effective Date: 9-17-82 J. Outside Storage and Displays. 1. In all Districts except I-General, all raw materials, supplies, finished or semi-finished products and equipment shall be stored within a completely enclosed building; provided, however, that motor vehicles necessary to the operation of the principal use and of not more than threequartertoncapacity may be stored or parked within the permitted parking lot areas. In I-Gen Districts, outside storage is permitted provided it is screened in accordance with this Section. Source: Ordinance No. 3-91 Effective Date: 4491 2. In all Commercial Districts, all materials, supplies, merchandise or other similar matter shall be stored within a completely enclosed building, except merchandise or equipment offered for sale, rental or lease displayed in accordance with the following limitations: (a) Temporary outdoor display area. Merchandise or equipment may be displayed and offered for sale, rental or lease outside the confines of a completely enclosed building ("temporary outdoor display area") for a combined time period of sixty (60) days or less of a calendar year provided the temporary outdoor display area: (1) Is screened from public roads and adjacent land uses. (2) Does not encompass an area greater than two percent (2%) of the base area of an enclosed building located on the lot on which the temporary outdoor display area is situated. Does not obstruct pedestrian use of a private sidewalk at least 5' wide. (3) (4) Is not located within the required front, rear or side yard setback of the lot on which it is located. (5) IS not located in the required parking except: a. Not more than one-half of one percent (.005) of the required parking stalls may be utilized for the temporary outdoor display area. , b. Is not located on public sidewalks or streets. No drive isle is utilized for the temporary outdoor display area. (6) ('7) Is not located on a vacant lot. NEW' ITEM.-> (8) Exemption. The 60 day time period in this Section shall not apply to farmers who sell produce from the farm on land occupied and cultivated by themselves. For the purpose of this Section only,"farmer" shall be defined as one who engages, as an occupation, in farming operations as a distinct activity for the purpose of producing a farm crop. - I17 @) Permanent outdoor display area. Merchandise or equipment may be displayed andoffwed for sale, rental or lease within, but outside the confines of that part of the completely enclosed building, of which it is a part (‘permanent outdoor display area”) for a combined time period of sixty (60) days or greater of a calendar year provided: (1) The building of which the permanent outdoor display asea is a part does not exceed the base area ratio or floor area ratio permitted in the Commercial District. (2) Material or equipment must be screened from public roads and adjacent land uses with a wall of the building. The permanent outdoor display area may not encompass an area greater thin six percent (6%) of the base area of the completely enclosed building. . (3) (c) A temporary outdoor display area and permanent outdoor display area may not encompass an area greater than seven percent (7%) of the base area of the completely enclosed building. Source: Ordinance No. 51-94 . , EffectiveDate: 1-26-95 (Rev. Ordinance No. 3-91 Effective Date: 4491) The parking or storing of recreational vehicles outside of an enclosed building or structure in all -.le- Family Residential Districts and all Multi-Family Residential Districts is prohibited, except as hereafter provided. No more than 2 recreational vehicles may be stored or parked outside upon a lot. Recreational vehicles not greater than 12 feet in height may be parked or stored on (i) that part of a front yard of a lot occupied by a driveway, provided no part of a recreational vehicle may be closer than 15 feet from the traveled portion of a street, (ii) that part of a side yard or rear yard of a lot not situated within 10 feet of a lot line, or (iii) that part of a side yard within 10 feet of a lot line which (a) abuts a front yard, (b) is occupied by a driveway, and (c) is not within 15 feet of the traveled portion of a street. In addition to the general 12-foot height permitted, minor portions of accessory equipment not exceeding four square feet in vertical cross-section as viewed from the adjacent lot line is permitted. Recreational vehicles parked or stored outside for a period in excess of 14 days must be owned by a person residing on the lot. All recreation vehicles parked or stored outside must be in a safe, operable condition and exhibit current license or registration plates or tags if the vehicle is one for which a license or registration plate or tag is required by law for its operation. No recreational vehicle shall be used for living, sleeping, or housekeeping purposes when parked or stored in a One-Family Residential District or a Multi-Family Residential District. A recreational vehicle must not be parked or stored over or upon a bikeway, pathway, or sidewalk. Source: Ordinance No. 22-88 Effective Date: 4-27-89 Minnesota Statutes Display Document 17 of 30 Page 1 of 1 .. 1 ,_ .. . .- -- Minnesota Statutes 2002 Display Document 17 of 20 Chapter Title: PEDDLERS, TRANSIENT MERCHANTS Section: 329.14 Text: 329.14 Certain sales excepted. The provisions of sections 329.10 to 329.13 and 329.14 to 329.17 shall not apply to sales made to dealers by commercial travelers or selling agents in the usual course of business, nor to bona fide sales of goods, wares, and merchandise by sample, catalog, or brochure, for future delivery, or to hawkers on the street, or to peddlers from vehicles, baskets, or packs carried on their backs, or to sheriffs, constables, ox other public officers selling goods, wares, and merchandise according to law; nor to,bona fide assignees or receivers appointed in this state selling goods, wares, and merchandise for the benefit of creditors, nor to persons who may sell or peddle the products of the farm or garden occupied and cultivated by themselves, nor to sales made by a seller at a residential premises pursuant to an invitation issued by the owner or legal occupant of the premises. . HIST: (7342) 1911 c 39 s 6; 1986 c 444; 1995 c 64 s 3 - .. ". , . .,. . . " .... . .. . , , ., . . , . . , .~ . . .,,. , , .. .. , .,.~. ...... -. . " .- . , .,, , .... ., I__r__ la? http://www.revisor.leg.state.mn.us: 8 18 1/SEAFXH/BASIS/mstat/public/www/DDW?W%3. .. 3/3/2003 Planning Board Minutes March 24,2003 Page 6 E. CODE AMENDMENT RELATED TO OUTDOOR STORAGE & DISPLAYS, SALES OF PRODUCE Request for amendment to Section 11.03 of the City Code related to outdoor storage and displays by exempting farmers from _I, the 60-day time period. I. Franzen stated that this oughout the whole year. The 60 day time limit consistent with the state statute and support local Nelson asked if this applied to intended for sale on ded that commercial property can allow sales e sale of Christmas trees which would allow selli asked if that means they could put up tents in parking ed. Franzen stated they would be regulated accordin Most of the time it would be s which is allowed by City Code. Nelson asked if the they need formal approval. Franzen responded that if hing different than what was allowed in the code, the Corneille asked whether not apply to farmers who selkproduce on the.farm on land occupied and cultivated anzen replied that it didn't replace plied to'all other activities. ted outdoor sales and displays to a1 Mart, Home Depot and other r display areas for which they received use for a short time period. outdoor display area requires a permit. He onditions that define temporary outdoor permit application or was an emits are required and the City ly for the permit and to make the intent of this code change Franzen variances. Thi from the permit application process. fiom the time-frame. produce the farmers cultivated themselves or can en stated that the intent is to eed to supply us with proof elson asked if this applied or any farmers. Franzen responded any farmer could ., . Planning Board Minutes March 24,2003 Page 7 ... MOTION by Koenig, second by Steppat, to close the public hekg. Motion carried, 5-0. MOTION by Koenig, second 'by Steppat, to "approve Seition -1 1.03 of the City Code related to outdoor stora ers fiom the 60-day time period, subject to the dated March 12, 2003, and subject to the dated March 2 1, 2003, to the City Council. M I3 I SERVICE AREA/DIVISION: Engineering Services Jim Richardson DATE: April 15,2003 ITEM DESCRIPTION. I.C. 98-5471 Special Assessment Hearing for the Hillcrest/ AlDine Neighborhood CPublished 03/27/03) Requested Action Move to: Close the public hearing and adopt resolution approving final assessments . for street and utility improvements in the Hillcrestl Alpine Neighborhood (98-5471) Synopsis This hearing will be to assess the street and storm sewer costs and to gauge the potential objections in advance of awarding the construction contract for the project (later in agenda). The amounts to be assessed are in accordance with the feasibility study. Background Information The preliminary hearing for this project was held August 20, 2002. The estimated assessment presented at the hearing was $7,050.60 per unit. Based on bids received March 6, 2003, the proposed assessment is $5,936.00 per unit. The proposed assessments represent 40 percent of the cost for street construction and storm sewer improvements. This hearing will allow Council to gauge the extent ,of possible objections to the amount of special assessments prior to award of the construction contract. Although extensive objections are not anticipated, this process reduces the risk associated with assessment appeals. 133 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections in the proposed assessments for the following improvements to wit: (See Exhibit A attached) NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eden Prairie: 1. 2. 3. 4. 5. Such proposed assessments are hereby accepted and shall constitute the special assessment against the lands in the final assessment rolls, and each tract of land therein included is hereby found to be benefited by the improvement in the amount of the assessment levied against it. Such assessment shall be payable in equal annual installments extending over a period of years as shown on Exhibit A. Installments shall bear interest at the rates shown on Exhibit A, except no interest shall be charged if the entire assessment is paid on or before November 30,2003. To the first installment shall be added interest on the entire assessment fi-om May 1,2003 until December 31,2004. To each subsequent installment when due shall be added interest for one year on all unpaid installments. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County, and such assessments shall be collected and paid over in the same manner as other municipal taxes beginning in 2004. It is hereby declared to be the intention of the Council to reimburse itself in the fbture for the portion of the cost of this improvement paid for fi-om municipal funds by levying additional assessments, on notice and hearings as provided for the assessments being made, upon any properties abutting on the improvements but not herein assessed for the improvement when changed conditions relating to such properties make such assessment feasible. The assessment date of Resolution No. 2003-50 is herein revised in accordance with Exhibit A attached hereto. Adopted by the Eden Prairie City Council on April 15,2003. ATTEST: Nancy Tyra-Lukens, Mayor SEAL Kathleen A. Porta, City Clerk 13L.I EXHIBITA 1. I.C. 98-5471 Street and Storm Sewer improvements on HillcredAIpine Streets in Alpine Estates, Hillcrest Court, Hillcrest Courts Project Cost: Previously Assessed: County Share: Net Assessment: I and3dAdditions City Share: $1,445,658.00 $825,332.00 $620,326.00 2008 $Amount Deferred $Amount Property Owner 2004 $Amount Rodney Christopher Henry Conor 5,936.00 5,936.00 Donald Bloyer Jr Michael/Carol Bristow 5,936.00 5,936.00 Ademar 0 Des Lauriers Jr Timothy Srdar ~~~ ~ ~ 5,936.00 5,936.00 Chester Sleva Allan Parker 5,936.00 5,936.00 Edward Plass Donald Isensee 5,936.00 5,936.00 Lawrence Nicpon Joanne Hofstrand F. S. Schaff/R.M. Johnson 5,936.00 5,936.00 5,936.00 Gerald Johnson Robert Listiak ~~~~~~ ~ ~ 5,936.00 5 , 93 6.00 James/Janet Mouse1 Michael Sandness 5,936.00 5,936.00 20 Years at 6.25% Streets $5,936.00/L.U. Parcel PW (I 11 08-1 16-22-1 1-0015 08-1 16-22-1 1-0016 08-1 16-22-1 1-0018 5,936.00 StephedSusan Erickson ThomadJudith Atkinson Dennis Wildermuth 5,936.00 08-1 16-22-1 1-0020 5,936.00 08-1 16-22-1 1-0022 08-1 16-22-1 1-0023 08- 1 16-22- 1 1-0024 08-116-22-1 1-0025 08-1 16-22-1 1-0026 08-1 16-22-1 1-0027 09-1 16-22-22-0014 ~~~ 5,936.00 I 09-1 16-22-22-0016 09-1 16-22-22-0017 DavidSusan Jensen I JoMKari Benjamin I I I 5,936.00 11 09-1 16-22-22-0020 09-1 16-22-22-0021 Elizabeth Command I I 5,936.00 11 09-1 1622-22-0023 I Barton Jenkins 5,936.00 ~~~ 09- 116-22-21-0021 ~ ~ ~~ ~ ~~ Werner Schulze 5,936.00 W.J. Dale Loren Bakken 5,936.00 5,936.00 DavidLynne Shonts Sharon McGeen 5,936.00 5,936.00 09-1 16-22-22-0007 09- 1 16-22-22-0006 09- 1 16-22-22-0005 Gleflansy Brodt 5,936.00 Sher A. Azii 5,936.00 K.H. Vohs 5,936.00 Dominic Louwagie LarryIL.eiila Rovang Stephen Reichow ThomadLinda Herzog 5,936.00 5,936.00 5,93 6.00 5,936.00 I 05-1 16-22-44-0007 05-1 16-22-44-0008 J.E> Bogrand 5,936.00 AllenLeslie Bode 5,93 6.00 Paul Nelson David Borden 5,936.00 5,936.00 Christopher Zetting Jerald Prodoehl 5,936.00 5,93 6.00 Terry/Nancy McCormick Norbert Gemes 8,904.00 8,904.00 ~~ Norbert Gemes M.E. Lane, Jr ~~ 5,936.00 5,936.00 ~~ ~ ~ Suzzann Bergenbring Robert/Sheryl Kadlec 5,936.00 5,936.00 I I 5,936.00 09-1 16-22-21-0022 I DavidSvobodny I 5,936.00 09-1 16-22-21-0023 09-1 16-22-22-0009 09-1 16-22-22-0010 5,936.00 5,936.00 Paul Mikelson Forrest/Joan Mever 09-1 16-22-22-001 1 09-1 16-22-22-0012 09-1 16-22-22-0008 ~~ 09-1 16-22-22-0004 09-1 16-22-22-0003 5,936.00 5,936.00 Jacquelyn Armstrong Ralph Hoffmann 09-1 16-22-22-0002 08- 1 16-22- 1 1-0062 08-1 16-22-11-0061 08-1 16-22-1 1-0059 08-1 16-22-1 1-0058 I Thuy Trieu I I I 5,936.00 05-1 16-22-44-0009 05-1 16-22-44-0010 05-1 16-22-44-001 1 05-1 16-22-44-0012 8,904.00 I 05-1 16-22-44-0006 05-1 16-22-44-0005 Dennis McKay I 05-1 16-22-44-0004 05- 1 16-22-44-0003 05-1 15-22-44-0013 05-1 16-22-44-0014 05-1 16-22-44-0015 P&PW Defen-ed $hunt property- 05-1 16-22-44-0016 princess J. Myers Mildred Schmidt 5,936.00 05-1 16-22-44-0017 05-1 16-22-44-0018 Luella Kendall 5,936.00 ~~ Glen Stoever Chester Seviola 05-1 16-22-44-0019 08-116-22-1 1-0038 RichardlSally Bowles James Dobchdc 5,936.00 08-1 16-22-1 1-0036 08-1 16-22-1 1-0035 David Quanbeck Norman Woodard 5,936.00 08-1 16-22-1 1-0034 CliffordlJudy Siege1 MichaeYDebra Bielefeldt 5,936.00 Scott Imhoff Wallace MacDonald 5,936.00 Tracy Paulson 5,936.00 CatalidDaniela Petrescu 08-1 16-22-1 1-0030 I 5,936.00 I PadMary Walentiny 08-1 16-22-1 1-0056 Tood/Cindy Smith Joseph Lupo 5,936.00 5,936.00 +-+ 5,936.00 Barney Uhlig James Tucker Gary Reider 08-116-22-1 1-0052 5,93 6.00 ~~~ ~~ James/Carolyn Crisp John Carstens 08-1 16-22-1 1-0051 5,936.00 5,936.00 5,936.00 5,936.00 5,936.00 08- 1 16-22- 1 1-0049 WarredBranda Randolph Thomas Braun 08-1 16-22-1 1-0047 Craing/Jane Pixley Charles Selander 08-1 16-22-1 1-0045 Steven/Laura Jester Brian Tsuchiya E.A. Rustad MichaeVSharon Lundgren ClarWDorothy Ewert I 5,936.00 I 08-1 16-22-1 1-0040 pzlrcel Pm ~~ 08-1 16-22-1 1-Oo01 08-1 1622-1 1-0002 08-116-22-1 1-0003 08-1 1622-1 1-OOO4 08-1 16-22-1 1-0005 08-116-22-1 1-0006 08-1 16-22-1 1-0007 08-1 16-22-1 1-0041 I ~ennispeterson I I I 5,936.00 ~ ~~ ~~ Patricia Martin 5,936.00 Robert High Johnson 5,936.00 GlenLinda Hayen 5,936.00 Dougles Lawver 5,936.00 Gerald Springer 5,936.00 Marvin Miller 5,936.00 ThomasD3arbara Kuhlman 5,936.00 ~~ 08-1 16-22-1 1-0008 08-1 16-22-1 1-0009 08-1 16-22-1 1-0010 08-1 16-22-1 1-001 1 ~ ~~ ~~ Carol/Carl Coonce 5,936.00 Tim/Donna Fahs 5,936.00 James/Marilyn Meyer 5,936.00 Scott/Kathleen Hagstrom 5,936.00 ~~ 08-116-22-1 1-0012 08-1 16-22-1 1-0013 I 5,936.00 I I 08-1 16-22-1 1-0014 I Joel/Mary Stemke StevedSarah Nelson 5,936.00 EstherKenneth Noel 5,936.00 1 CITY COUNCIL AGENDA SECTION Payment of Claims DATE: Apr 15,2003 f I SERVICE AREALDMSION ITEM DESCRIPTION Community Development and Financial ServicedDon Uram Payment of Claims ITEM NO.: mt Requested Action Move to: Approve the Payment of Claims as submitted (roll call vote) synopsis Checks 119006 - 119314 Wire Transfers 1759 - 1764 Background Information Attachments city of Eden Prailie Council CheckSnmmary 4/1m003 100 101 111 112 113 114 116 117 132 133 135 136 137 151 152 153 154 156 157 158 159 160 161 1 62 163 180 181 183 184 200 20 1 202 203 204 303 304 308 314 503 509 601 602 603 70 1 702 703 803 804 Division City Manager Customer Sav-ce Human Resources Communication Services Benefits & Training Facilities City Center Housing, Trans, Social Service Community Development Information Technology Wireless Communication Economic Development Park Maintenance Parks Capital Outlay Athletic Programs Community Center Youth Programs Special Events Senior Center Recreation Administration Adaptive Recreation Oak Point Pool Arts Park Facilities Police Telecommmnicators Civil Defense Fire Engineering Street Maintenance Street Lighting Fleet Services Equipment Revolving Cemetary Operation Senior Awareness Fund E91 1 Liquor Compliance Utility Improvement CIP Fund Prairie Village Liquor Den Road Liquor Prairie View Liquor Water Fund Sewer Fund Storm Drainage Fund Escrow Fund 100 Year History Legislative Report Totals Amoant 391,316 140 26,848 6,943 1,050 1,095 1,002 15,502 1,489 5,429 7 11,344 50,196 65 12,284 3,966 14,828 15,094 339 220 . 782 7,489 336 1 1,793 1,b75 1,770 16,410 90 699 1,659 15 9,704 51,483 21,285 27,183 7 32 1,463 329 84,511 9,206 28,119 49,940 33,875 67,382 192,3 1 1 49,627 2,175 1,970 1,231,877 City of Eden Prairie Council Check Register rU15l2003 Check # 1759 1760 1761 1762 1763 1764 119006 I 19007 I19008 I19009 119010 119012 119013 119014 119015 119016 119017 I19018 , I19019 I 19020 11 9021 I19022 I1 9023 119024 I 19025 1 19026 1 19027 I1 9028 11 9029 119030 119031 119032 119033 119034 119035 11 9036 11 9037 119038 119039 119040 119041 119042 11 9043 I19044 119045 119046 119047 119048 1 19049 11 9050 119051 119052 119053 11 9054 11 9055 119056 119057 11 9058 119059 11 9060 I1 9061 1 19062 119063 1 19064 119065 I1 9066 119067 Amount Vendor1 Explanation 65,841 PUBLIC EMPLOYEES RETIREMENT 55.743 WELLS FARGO MINNESOTA N A 63,001 WELLS FARGO MINNESOTAN A 22,555 MINNESOTA DEPT OF REVENUE 8,835 ICMA RETlREMENTTRUST-457 15,258 ORCHARD TRUST CO AS TRUSTEUCU 1,185 ASSOCIATION OFTRAINING OFFICE 60 BCMRAINING & DEVELOPMENT 78 CDW GOVERNMENT INC. 125 AUTOMATED ENTRANCE PRODUCTS IN 2,487 CIAREYS INC 5,757 DELL MARKETING L.P. 496 CRUTCHFIELD 800 FBVLEEDS 179 FRED PRYOR SEMINARS 326 GREATAMERICA LEASING CORP. 100 GREENMAN TECHNOLOGIES OF MN IN 60 FBINAA 1,400 GOOD, JAMIE 35 GUSTAD, MARK 3,248 HENNEPIN CNM TREAS - GENERAL 200 HENNEPIN COUNTY CHIEFS OF POL1 534 HENNEPIN COUNTY SHERIFF'S OFF1 437 HOME DEPOTIGECF 8 INSIGHT PUBLIC SECTOR 90 KAEDING, KELLY 55 KRAEMERS HARDWARE INC 75 KRESS,CARIA 810 LINDGREN, JIM 183,612 METROPOLITAN COUNCIL ENVIRONME 41 MINNESOTA CHIEFS OF POLICE ASS 11 SCHASER, IAUREEN 141 SOFIWARE HOUSE INTERNATIONAL I 250 SPECIAL OPERATIONS TRAINING AS 24 STATE OF MINNESOTA 45 VANDENBERGHE, MARK 97,883 XCEL ENERGY 12,284 CENTERPOINT ENEGY 392 GE CAPITAL 451 HENNEPIN COUNTY TREASURER 79 HENNING, SARAH 99 MINNESOTA VALLEY ELECTRIC COOP 183 OLSEN COMPANIES 783 PITNEY BOWES INC 301 QWEST 220 SCHMIDT COMMUNICATIONS 140 TWIN CITIES ARMA 183 ALL SAINTS BRANDS DISTRIBUTING 94 AMERIPRIDE LINEN &APPAREL SER 209 ARCTIC GLACIER INC 5,374 MlNN CHILD SUPPORT PAYMENT CTR 1,277 BELLBOY CORPORATION 5,402 DAY DISTRIBUTING 2,420 EAGLE WINE COMPANY 7,957 EAST SIDE BEVERAGE COMPANY 224 EXTREME BEVERAGE 360 GEn-fvlAN COMPANY 919 GRAPE BEGINNINGS 13,463 GRIGGS COOPER & CO 195 HOHENSTEINS INC 26,024 JOHNSON BROTHERS LIQUOR CO 71 BERNADAS WINES SELECTION, INC. 4,057 MARKVII 2,044 PAUSTIS &SONS COMPANY 7,267 PHILLIPS WINEAND SPIRITS INC 747 MIDWEST COCA COLA BOlTLING COM 30 PEPS1 COLA COMPANY Account Description Employers PERA Federal Taxes Withheld Employers SS & Medicare State Taxes W&held Deferred Compensation Deferred Compensation Tuition ReimbursementlSchool Building Repair & Maint Tuition ReimbursementlSchool Other Hardware Operating Supplies Operating Supplies Computers Tuition ReirnbursementlSchool Dues & Subscn'ptions Tuition ReimbursementlSchool Travel Expense Other Rentals Waste Disposal Clothing & Uniforms Board of Prisoner Dues &Subscriptions Board of Prisoner Small Tools Other Hardware Clothing & Uniforms Repair & Maint Supplies Mileage & Parking Clothing & Uniforms Waste Disposal Printing Lessons & Classes Software Tuition ReimbursementlSchool Operating Supplies Tuition ReimbursementlSchool Electric Gas Other Rentals Licenses &Taxes Other Contracted Services Electric Operating Supplies Other Rentals Telephone Operating Supplies Conference Expense Garnishment Withheld Beer Repair & Maint Supplies Misc Non-Taxable Operating Supplies Wine Imported Beer Transportation Beer Wine Domestic Misc Taxable Wine Domestic Liquor Beer Wine Imported Beer Misc Taxable Wine Domestic Misc Taxable Liquor Business Unit General Fund General Fund General Fund General Fund General Fund General Fund Police City Center Operations Police Den Road Liquor Store Police Police Information Technology Police Police Fire Police General Fleet Services Police Police' Police Police Water Meter Repair Information Technology Telecommunicators General Facilities Adaptive Recreation Police Sewer Utility - General Police Pool Lessons Information Technology Police Fire Police Street Lighting Fire Station #I General Pool Maintenance Preschool Events Sewer Liftstation Street Maintenance General Outdoor Center Communicajion Services City Manager General Fund Prairie Village Liquor Store Prairie View Liquor Store Den Road Liquor Store Prairie Village Liquor Store Prairie Village Liquor Store Prairie Village Liquor Store Den Road Liquor Store Den Road Liquor Store Prairie View Liquor Store Prairie Village Liquor Store Prairie View Liquor Store Den Road Liquor Store Den Road Liquor Store Prairie View Liquor Store Prairie Village Liquor Store Prairie Village Liquor Store Den Road Liquor Store Prairie View Liquor Store Den Road Liquor Store City OF Eden Prairie Council Check Register 4i151uM3 Check# 11 9068 1 19069 11 9070 I1 9071 11 9072 1 19073 1 19074 1 19075 119076 11 9077 1 19078 1 19079 119080 119081 11 9082 . 119083 119084 119085 119086 119067 119088 11 9089 I19090 119091 119092 119093 I1 9094 119095 119096 119097 119098 119099 119100 119101 119102 119103 129104 119105 119106 119107 ’ 119108 119109 119110 119111 119112 119113 119114 119115 119116 119117 119118 119119 119120 119121 ,119122 119123 119124 119125 119126 119127 119128 119129 119130 119131 119132 119133 119134 Amount Vendor/ Explanation 943 PINNACLE DISTRIBUTING 973 PRIOR WINE COMPANY 10,321 QUALITY WINE & SPIRITS CO 10,735 THORPE DISTRIBUTING 5,344 WINE COMPANY, THE 2,555 WINE MERCHANTS INC 2,362 WORLD CLASS WINES INC 83 VINTAGE ONE WINES INC 679 ANCHOR PAPER COMPANY 18 BERGSTEN, DON 100 BROWN, RENEE 100 CHAMPION, KEVIN 100 CLARK, SHEILA 100 HORSCH, HEIDI 100 HUMES, HARVEY 150 ISAACSON, SUSAN 100 JOHANNES, EVELYN 100 JOHNSON, PATRICIA I00 KERN, JAMES 100 KIELB, KATHLEEN 100 KOCH,SlNA 100 KOEBELE, DAVID 100 LARSON, BRADLEY 100 LAUFER, PAUL 183 LIMBERG, KRISTY 100 LITTLE, ROBERT 154,791 MEDICA CHOICE 100 MIANO, MIKE 100 NEESER, LESLIE I00 ONEILL, KERRY 100 PEITER, RHODA 100 PROKOP, JOLENE 100 ROSE, ROBERT 200 SCHMELZLE, JOHN 50 HABERLE, ROBERT 50 MANLOVE, JOANNE 5,563 MINNESOTAVIKINGS FOOD SERVICE 64 SIR KNIGHT CLEANERS 44 STATE OF MINNESOTA ’ 238 STEWART-HESTER, RENEE 100 SULLIVAN, BRIAN 150 URNESS, JOHN 100 VANGS, JILL 100 VLASAK, DEENA 20 WILDER, LYNN 270 AARP 55 ALIVE MATURE DRIVING 75 BRAZIL,DAVE 6,464 ELAN FINANCIAL SERVICES 1,428 MCCARVILLE, SUE 100 MN WEIGHTS AND MEASURES 49,000 MUELLER, MARY AND MICHAEL 326 PEITYCASH 179 PElTY CASH-POLICE DEPT 250 PICNIC PLEASERS, THE 20 RICHFIELD, CITY OF 61 BUTCHER, SHERRY 221 CORDER, DEAN R. 266 DEGREE, BETH 80 FASEN,ART 90 HAGEMEYER, CAROL 45 HOLLY,LYN 63 IMATION IMAXTHEATRE 32 IVESON, IRV 45 JOHNSON, LINDA 486 KLINE, JAMES 457 KRESS,CARLA 6 KRAEMERS HARDWARE INC Account Description Misc Taxable Wine Imported Wine Domestic Beer Wine Domestic Wine Domestic Wine Domestic Wine Domestic Office Supplies Program Fee Refunds Refunds Refunds Wages Benefits Refunds Refunds Refunds Refunds Refunds Refunds Refunds Refunds Refunds Refunds Refunds Operating Supplies Refunds Refunds Medical Bills Prepaid Refunds Awards Refunds Refunds Refunds Refunds Refunds Refunds Operating Supplies Operating Supplies Other Contracted Services Refunds Refunds Refunds Refunds Program Fee Other Contracted Services Travel Expense Travel Expense Computers Equipment Repair & Maint Other Assets Postage Operating Supplies Operating Supplies Autos Mileage & Parking Clothing & Uniforms Mileage & Parking Recreation Supplies Program Fee Program Fee Special Event Fees Operating Supplies Program Fee Clothing & Uniforms Oftice Supplies Tuition ReimbursemenVSchool Business Unit Prairie Village Liquor Store Prairie Village Liquor Store Den Road Liquor Store Den Road Liquor Store Prairie Village Liquor Store Prairie Village Liquor Store Prairie View Liquor Store Prairie View Liquor Store General Cummins House Special Evc Environmental Education Environmental Education Environmental Education Police Environmental Education Environmental Education Environmental Education Environmental Education Environmental Education Environmental Education Environmental Education Environmental Education Environmental Education Environmental Education Environmental Education Summer Theatre Environmental Education Environmental Education General Fund Environmental Education City Council Environmental Education Environmental Education Environmental Education Environmental Education Environmental Education Environmental Education Winter Theatre Fleet Services Recreation Administration Environmental Education Environmental Education Environmental Education Environmental Education Senior Center Program Senior Center Program Water Utility - General City Council Water Treatment Plant Street Maintenance Storm Drainage Projects City Council Liquor Compliance Employee Benefits Public Safety City Council Police Aquatics & Fitness Admin Senior Center Program Adult Program Adult Program Adult Program Senior Awareness Adult Program Police Water System Maintenance In Service Training I “la- Ci of Eden Prairie Council Check Register 4/15/2003 Check # 119135 119136 119137 119138 119139 119140 119141 119142 119143 119144 119145 119146 119147 119148 119149 119150 119151 119152 119153 119154 119155 119156 119157 119158 119159 119160 119161 119162 119163 119164 119165 119166 119167 119168 119169 119170 119171 119172 119173 119174 119175 119176 119177 119178 119179 119180 119181 119182 119183 119184 119185 119186 119187 119188 119189 119190 119191 119192 119193 119194 119195 119196 119197 119198 119199 11 9200 119201 Amount 68 183 21 3 82 168 60 239 100 183 100 5 10 205 100 1 24 100 491 70 1,434 119 4 5,782 150 2,100 15 80 300 100 4,239 1,200 28 100 301 100 628 100 50 50 51 985 31 576 868 165 11,254 25 985 344 447 67 563 70 46 1,060 186 448 686 59 316 39 680 670 3,306 597 999 481 49,445 Vendor I Explanation LARSON, ELIZABETH NEXTEL COMMUNICATIONS OFFICE DEPOT CREDIT PLAN PINI, EMILY ROSE SAVOIE SUPPLY CO INC STATE OF MN BOARD OF ELECTRIC1 UNITED HEALTHCARE SERVICES INC ALLEN, DAVID ANCHOR PAPER COMPANY ANDERSON, BRAD BENSON. ROBERT BOLAND, MICHAEL BOLD, PAULINE BULLOCK, MARY CASE, KATHIE COMPTON, CATHERINE DMX/MINNEAPOLIS ERICKSON, JODY GENUINE PARTS COMPANY KELLY, MARY KIMMEL, RUSSELLE KMC TELECOM HOLDINGS INC. LEMPESIS, BILL MINNESOTA POLLUTION CONTROL AG MN DEPT. OF LABOR AND INDUSTRY MOUNT, JILL OCEL, JILL PRESTON, TODD QWEST ROTH, ANDREW J. SECRETARY OF STATE SMITH, DAVID SOUTH ST PAUL STEEL SUPPLY STANKEY, MICHAEL TRAVELERS DIRECTORY SERVICE VICKERMAN, THEODORE WALSTEIN, LOUISE M. WILKEN, SCOTT A TO Z RENTAL CENTER ACTION RADIO &COMMUNICATIONS, AMERICAN EXPRESS PUBLISHING AMERICAN WATER WORKS ASSOCIATI ANCHOR PRINTING COMPANY ARMOR SECURITY INC. ASPEN EQUIPMENT CO. BAUER BUILT TIRE AND BASTERY BEARPATH GOLF AND COUNTRY CLUB BERTELSON OFFICE PLUS BIFFS INC BLACK & VEATCH BLOOMINGTON SECVRITY SOLUTIONS BLOOMINGTON, CITY OF BROADWAY AWARDS CHAD NESTOR &ASSOCIATES CONNEY SAFETY PRODUCTS CONTINENTAL SAFETY EQUIPMENT CORPORATE EXPRESS CROWN MARKING INC CY'S UNIFORMS DALCO DECORATIVE DESIGNS INC DELEGARD TOOL CO DNR SCREEN PRINTING INC DONOVAN CONSTRUCTION DYNA SYSTEMS ECOLAB INC EF JOHNSON Account Description Other Contracted Services Pager & Cell Phone Capital Under $2,000 Other Contracted Services Cleaning Supplies Licenses &Taxes Employee Assistance Refunds Office Supplies Refunds Program Fee Program Fee Operating Supplies Refunds Building Refunds Other Contracted Services AR Utility Equipment Parts Program Fee Open Fees Telephone Mileage & Parking Deposits Licenses &Taxes Lessons & Classes Instructor Service Refunds Telephone Instructor Service Operating Supplies Refunds Capital Under $2,000 Refunds Advertising Refunds Instructor Service Refunds Equipment Repair & Maint Capital Under $2,000 Misc Non-Taxable Operating Supplies Awards Other Contracted Services Machinery & Equipment Equipment Parts Awards Office Supplies Waste Disposal Other Contracted Services Building Repair & Maint Other Contracted Services Awards Printing Operating Supplies Equipment Repair 8 Maint Office Supplies Licenses & Taxes Clothing & Uniforms Cleaning Supplies Building Repair & Maint Small Tools Awards Equipment Repair & Maint Repair & Maint Supplies Other Contracted Services Capital Under $2,000 Business Unit Liquor Compliance wireless Communication Furniture Liquor Compliance Water Treatment Plant Park Maintenance Employee Benefits Environmental Education General Environmental Education Outdoor Center Outdoor Center Outdoor Center Environmental Education Capital Impr. I Maint Fund Environmental Education Prairie View Liquor Store Water Enterprise Fund Fleet Services Preschool Events Ice Arena Telephone Prairie View Liquor Store Escrow Water Treatment Plant Oak Point Lessons Outdoor Center Environmental Education Prairie View Park Outdoor Center Economic Development Environmental Education Capital Outlay Parks Environmental Education Prairie Village Liquor Store Environmental Education Outdoor Center Environmental Education Park Maintenance Fleet Services Prairie View Liquor Store Water Utility - General City Council Outdoor Center Public Works Fleet Services City Council Water Treatment Plant Park Maintenance Utility Improvement Fund Water Treatment Plant Park Maintenance Raquetball Adaptive Recreation General Sewer System Maintenance General Police Police Maintenance City Center Operations Park Maintenance Volleyball Civil Defense Water Treatment Plant Water Treatment Plant Wireless Communication City of Eden Prairie Council Check Reg'kter 4/1512003 Check # 11 9202 11 9203 11 9204 119205 1 19206 I 19207 1 19208 I 19209 119210 119211 119212 119213 219214 119215 119216 119217 119218 119219 119220 119221 1 19222 1 19223 1 19224 11 9225 I 19226 1 19227 11 9228 1 19229 11 9230 I 19231 11 9232 I1 9233 1 19234 1 19235 I 19236 1 19237 11 9238 11 9239 I1 9240 1 19241 I 19242 I 19243 11 9244 1 19245 1 19246 1 19247 11 9248 11 9249 11 9250 11 9251 1 19252 1 19253 1 19254 11 9255 I1 9256 119257 1 19258 1 19259 1 19260 11 9261 1 19262 1 19263 1 19264 I 19265 I 19266 119267 11 9268 Amount z535 421 530 471 149 3,377 105 107 120 17 380 1,074 80 21 0 315 75 1,062 31 6 359 11,610 5,429 160 7,086 692 10,961 314 6,017 1,409 25 442 2,798 15 5,288 11 703 444 876 1,970 79 144 21 8 386 570 90 235 350 170 93 800 176 724 837 28 61 3,344 1,758 89 110 470 59 5,116 128 199 182 3,499 196 1,021 Vendor I Explanation EGAN-MCKAY ELECTRICAL CONTRACT EMEDCO EMERGENCY APPARATUS MAINTENANC EPA AUDIO VISUAL INC ESCHELON TELECOM INC FACILITY SYSTEMS INC FASTSIGNS FEDEX FERRELLGAS FIKES HYGIENE SERVICES FORMANECK, DUANE GEBO, ROBERT L. GENERAL MACHINING INC. GIRARD'S BUSINESS MACHINES INC GLENROSE FLORAL AND GIFT SHOPS GRAINGER GREG LARSON SPORTS HARMON AUTOGLASS HARTLAND FUEL PRODUCTS LLC HENNEPIN SOUTH SERVICES COLLAB HOLMES, TOM HOUSE OF PRINT IC1 DULUX PAINT CTRS IND SCHOOL DlST 272 INDUSTRIAL FLOOR MAINTENANCE 1 INSPEC INC. ITRON INC. J H LARSON ELECTRICAL COMPANY J W PEPPER OF MINNEAPOLIS JAN= INC KINKO'S KONTRON MOBILE COMPUTING KRAEMERS HARDWARE INC LAB SAFETY SUPPLY INC LANDFORM ENGINEERING COMPANY IAN0 EQUIPMENT INC LASTAVICH, STEVE LIFEGUARD STORE INC, THE LIGHTNING PRINTING LllTLE FALLS MACHINE INC LUBRICATION TECHNOLOGIES INC MACQUEEN EQUIPMENT INC MARKS CERTICARE AMOCO MARTIN CALIBRATION INC MATS AUTO SERVICE INC MENARDS METROPOLITAN FORD MICHELAU, JOHN MINNESOTA CONWAY MINNESOTA GLOVE INC MINNESOTA PRINT MANAGEMENT LLC MINNESOTA VIKINGS FOOD SERVICE MINNESOTA WANNER COMPANY MN MAINTENANCE EQUIPMENT INC MTI DISTRIBUTING INC NORTH CENTRAL LABORATORIES NORTHERN TOOL & EQUIPMENT CO. OLSEN COMPANIES On0 ENGINEERING, INC PRAIRIE ELECTRIC COMPANY PRAIRIE LAWN AND GARDEN PRECISION DYNAMICS CORPORATION PRIORITY COURIER EXPERTS QUALITY FLOW SYSTEMS INC RADIOSHACK G & K SERVICES-MPLS INDUSTRIAL MARTIN-MCALLISTER Account Description Equipment Repair & Maint Repair & Maint Supplies Equipment Repair & Maint Capital Under $2,000 Equipment Repair & Maint Capital Under $2.000 Operating Supplies Postage Motor Fuels Operating Supplies Other Contracted Services OtherRentals Other Contracted Services Equipment Repair 8 Maint Capital Under $2,000 Deposits Operating Supplies Operating Supplies Equipment Repair & Maint Motor Fuels Other Contracted Services Other Contracted Services Printing Repair & Maint Supplies Other Contracted Services Equipment Parts Building Other Contracted Services Operating Supplies Operating Supplies Cleaning Supplies Video 8 Photo Supplies Equipment Repair & Maint Repair & Maint Supplies Protective Clothing Improvements to Land Other Rentals Other Contracted Services Training Supplies Printing Equipment Parts Lubricants &Additives Equipment Parts Equipment Repair & Maint Equipment Repair & Maint Employment Support Test Equipment Repair & Maint Operating Supplies Equipment Parts Other Contracted Services Equipment Repair & Maint Clothing & Uniforms Office Supplies Miscellaneous Repair & Maint. Supplies Machinery & Equipment Equipment Parts Operating Supplies Repair & Maint Supplies Small Tools Operating Supplies Building Repair & Maint Operating Supplies Operating Supplies Equipment Repair & Maint Equipment Repair & Maint Office Supplies Business Unit Traffic Signals WaterTreatment Plant Fire Fire Station #I Telephone Furniture Water Treatment Plant General Ice Arena Prairie View Liquor Store Volleyball Park Maintenance Volleyball Fleet Services General Escrow Civil Defense Raquetball Police City Center Fleet Services Housing, Trans, & Human Si Volleyball Community Brochure Park Maintenance Oak Point Operations Fleet Services Capital Impr. I Maint Fund Water Meter Reading Street Lighting Art & Music Maintenance Communication Services Information Technology Sewer Liftstation Water System Maintenance Capital Impr. I Maint Fund Street Maintenance Historical Culture Pool Lessons Recreation Administration Fleet Services Fleet Services Fleet Services Fleet Services Wireless Communication Human Resources Fleet Services Park Maintenance Fleet Services Volleyball Maintenance Park Maintenance General Human Resources Park Maintenance Capital Outlay Parks Fleet Services Water System Maintenance Storm Drainage Water System Maintenance Wireless Communication Water Utility - General Park Maintenance . Ice Show Fleet Services Sewer Liftstation Police City of Eden prairie Council Check Register 41512003 Check# 1 19269 1 19270 1 19271 I 19272 I1 9273 11 9274 I 19275 1 19276 11 9277 1 19278 1 19279 I19280 119281 1 19282 11 9283 11 9284 1 19285 11 9286 I 19287 11 9288 11 9289 11 9290 119291 1 19292 11 9293 11 9294 11 9295 1 19296 11 9297 11 9298 11 9299 1 19300 119301 1 19302 11 9303 11 9304 11 9305 119306 1 19307 11 9308 11 9309 119310 119311 119312 119313 119314 Amount Vendor I Explanation 38 RAINBOW FOODS INC. 1,033 REBS MARKETING 711 RECREATION SUPPLY CO 956 RIGID HITCH INCORPORATED 10,720 RMR SERVICES INC 1,120 RUMPCA CO INC 2,130 SA-AG INC 923 SAVOIE SUPPLY CO INC I21 SIERRA CORPORATION 305 SIMPLEXGRINNELL LP 59 SCHERER BROTHERS LUMBER CO 12 SMITH & WESSON 121 SNAP-ON TOOLS 146 SOFTWARE HOUSE INTERNATIONAL I 220 SOUTH CENTRAL TECHNICAL COLLEG 13,838 SOUTHWEST SUBURBAN CABLE COMMI 672 SOUTHWEST SUBURBAN PUBLISHING- 9,945 SPORTS WORLD USA INC 1,762 STREICHERS 56 STAR TRIBUNE 463 SUBURBAN CHEVROLET GEO 384 SULLIVANS UTILITY SERVICES INC 125 SWEDLUND SEPTIC SERVICES INC 46 SUBURBAN PROPANE 3,538 SYSTEM CONTROL SERVICES 80 TAMS-WITMARK MUSIC LIBRARY INC 19,450 THANE HAWKINS POLAR CHEVROLET 83 TIERNEY BROS INC 487 TKDA 33 TRUCK UTILITIES MFG CO 140 TWIN CITY SCALE CO INC 373 UNIFORMS UNLIMITED 332 UNITED RENTALS HIGHWAY TECHNOL 548 UNLIMITED SUPPLIES INC 67 UNITED CALIFORNIA FACTORS 3,635 US FlLTERlJWl 3,679 VALLEY RICH CO INC 83,136 VESSCO INC 134 VICTORIA REPAIR & MFG 250 VOSS LIGHTING 118 WVR INTERNATIONAL INC 125 WESTWELD 400 WIERSMA, LUKE 644 WM MUELLER AND SONS INC 10 WOLFCAMERA 1,781 WATSON CO INC, THE 1,231,877 Grand Total Account Description Operating Supplies Other Contracted Services Recreation Supplies Capital Under $2,000 Other Contracted Services Waste Disposal Waste BlacktoplConcrete Cleaning Supplies Building Materials Equipment Parts Equipment Repair & Maint Equipment Repair & Maint Small Tools Software Tuition ReimbursemenffSchool Dues & Subscriptions Employment Advertising Recreation Supplies Dues 8 Subscriptions Equipment Parts Equipment Parts Lubricants & Additives Building Repair & Maint Waste Disposal Capital Under $2,000 Operating Supplies Autos Operating Supplies Other Contracted Services Equipment Repair & Maint Equipment Repair & Maint Clothing & Uniforms Office Supplies Clothing & Uniforms Equipment Parts Equipment Parts Other Contracted Services Improvement Contracts Repair & Maint. Supplies Operating Supplies Operating Supplies Merchandise for Resale Equipment Parts Other Contracted Services Sand Video & Photo Supplies Business Unit Senior Center Program Sewer Utility - General Oak Point Lessons Fleet Services Utility Improvement Fund Tree Disease Street Maintenance Water Treatment Plant Street Maintenance Fleet Services Maintenance Police Fleet Services Information Technology Fire City Council Human Resources Softball In Service Training Fleet Services Fleet Services Fleet Services Public WorkdParks Outdoor Center Water Well #7 Summer Theatre Public Safety Fleet Services Water System Maintenance Park Maintenance Street Maintenance Police General Street Maintenance Fleet Services Water Treatment Plant Water System Maintenance Utility Improvement Fund Storm Drainage Maintenance Water Treatment Plant Concessions Fleet Services Basketball Snow & Ice Control Park Maintenance CITY COUNCIL AGENDA SECTION: Ordinances and Resolutions DATE: 04/15/03 DEPARTMENT/DIVISION: ITEM DESCRIPTION: Management and BudgetFlanning Donald R. Uram Scott A. Kipp City Center Parking Expansion ITEM NO.: E. Requested Action Move to: 0 Approve 2nd Reading of the Ordinance for Planned Unit Development District Review with waivers within the 1-5 Zoning District on 30 acres; and Adopt the Resolution for Site Plan Review. Synopsis This is for a parking lot expansion at Eden Prairie City Center. Attachments 1. 2. Ordinance for PUD District Review with waivers and Zoning District Amendment Resolution for Site Plan Review CITY CENTER PARKING EXPANSION CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 9-2003-PUD-5-2003 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CERTAIN LAND WITHIN A ZONING DISTRICT, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be amended within the 1-5 Zoning District 9-2003-PUD-5-2003 (hereinafter "PUD-5-2003-1-5). Section 3. The City Council hereby makes the following findings: A. Plan of the City. PUD-5-2003-1-5 is not in conflict with the goals of the Comprehensive Guide B. environment within its own boundaries. PUD-5-20034-5 is designed in such a manner to form a desirable and unified C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-5-2003-1-5 are justified by the design of the development described therein. Access driveway width of 40 feet. City Code requires 30 feet. D. PUD-5-2003-1-5 is of sufficient size, composition, and arrangement that its construction, marketing, and operation is feasible as a complete unit without dependence upon any subsequent unit. Section4. The proposal is hereby adopted and the land shall be, and hereby is amended within the 1-5 District and shall be included hereafter in the Planned Unit Development 5-2003-1-5, and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 5. 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. Section6. 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 15th day of April, 2003, 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 15th day of April, 2003. ATTEST: Kathleen A. Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie Sun Current on EXHIBIT A PUD Legal Description - City Center Parking Expansion That part of the East Half of the Northeast Quarter of Section 16, Township 116, Range 22 West of the 5th Principal Meridian, lying Southerly of a line drawn from a point on the East line of the Northeast Quarter of said section, which is distant 1106.50 feet North along said East line from the Southeast comer of said Northeast Quarter to a point on the West line of the East Half of said Northeast Quarter, which is distant 953.50 feet North along said West line from the Southwest comer of said East Half, Hennepin County, Minnesota. CITY CENTER PARKING EXPANSION CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 9-2003-PUD-5-2003 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING THE ZONING OF CERTAIN LAND WITHIN ONE DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summaw: This ordinance allows amendment of the zoning of land located at Exhibit A, included with this 8080 Mitchell Road within the 1-5 Zoning District. Ordinance, gives the fill legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen A. Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie Sun Current on (A fill copy of the text of this Ordinance is available fi-om City Clerk.) CITY CENTER PARKING EXPANSION CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2003- A RESOLUTION GRANTING SITE PLAN APPROVAL FOR CITY CENTER PARKING EXPANSION BY CITY OF EDEN PRAIRIE WHEREAS, the City of Eden Prairie has applied for Site Plan approval of the City Center Parking Expansion for construction of additional parking spaces and driveway access by an Ordinance approved by the City Council on April 15,2003; and WHEREAS, the Community Planning Board reviewed said application at a public hearing at its March 24,2003 meeting and recommended approval of said site plans; and WHEREAS, the City Council has reviewed said application at a public hearing at its April 15,2003 meeting. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval be granted to the City of Eden Prairie for the City Center parking expansion, based on plans dated March 19,2003, by the City of Eden Prairie. ADOPTED by the City Council of the City of Eden Prairie this 15th day of April, 2003. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen A. Porta, City Clerk CITY COUNCIL AGENDA SECTION: Reports of Councilmembers DEPARTMENTDIVISION: ITEM DESCRIPTION: City Council Southwest Rail Transit Study Update I DATE: 04/15/03 ITEM NO.: m .AJ. I Requested Action Mayor Tyra-Lukens will provide an update on the Southwest Rail Transit Study. The attached materials provide background information. To: Scott Neal Gene Dietz Dave Lindahl From: Randy Newton Date: March 27,2003 Re: Southwest Rail Transit Study Update I attended the Southwest Rail Transit TAC meeting on Friday March 21St. Prior to the meeting a substantial amount of information, including ridership forecasts and cost estimates, was distributed for each alignment alternative studied in the Screen 11 evaluation. At the meeting, this information was discussed and a recommendation on whether or not to retain each alignment alternative for further study was voted on. This memorandum summarizes the cost and ridership projections that were provided and documents the TAC’s recommendations. I’ve also included the proposed schedule for completing the project. .I .~ Please let me know if you would like any additional information or would like to discuss this project further. Alignment Summary The following is a description of each alignment alternative that was studied in the Screen 11 evaluation. I’ve attached a map to help illustrate the alignments. Unfortunately, the map does not match the new alignment identifications. To help translate the change the information in parenthesis below refers to the segments called out in the map. Alternative 1A - LRT - HCCRA right-of-way and Kenilworth Corridor (Wl/Cl/El) Alternative 1B - LRT - HCCRA right-of-way and.Lyndale Avenue (Wl/Cl/E3) Alternative 2A - LRT - 494 and the Kenilworth Corridor (W4/Cl/El) Alternative 2B - LRT - 494 and Lyndale Avenue (W4/Cl/E3) Alternative 3A - LRT - 169 / 212 and the Kenilworth Corridor (WS/Cl/El) Alternative 3B - LRT - 169 / 212 and Lyndale Avenue (W8/Cl/E3) Alternative 4A - LRT - HCCRA right-of-way and Kenilworth Corridor (Cl/El) Alternative 4B - LRT - HCCRA right-of-way and Lyndale Corridor (Cl/E3) (Both B alternatives do not extend. west of Hopkins) Alternative 5 - DMU - Twin City and Western right-of-way (W7/C2/El) Southwest Rail Transit Study Update -2- March 27,2003 Cost and Ridership Projections 1) All alternatives extending fiom Eden Prairie to downtown Minneapolis have similar daily ridership projections (1 8,500 to 20,400). 2) All alternatives extending fkom Eden Prairie to downtown Minneapolis have similar operating cost projections ($15-$17 million). The one exception is the DMU alternative (Alt 5) which is projected to have approximately 20% higher operating costs. 3) Capital cost findings (all capital costs are in 2010 dollars): The DMU alternative (Alt 5) is projected to be the least expensive rail alternative at $545 million. The HCRRA - Kenilworth LRT alternative (Alt 1A) is projected to be the lowest cost LRT alternative at $595 million. The 169 / 212 LRT alternatives (Alt’s 3A and 3B) are projected to be the highest cost western alignments adding approximately $200 million in projected capital costs (compared to Alt’s 1A and 1B). 0 The Lyndale Avenue LRT alternatives (All “B” alternatives) are projected to be the highest cost eastern alignments adding approximately $150 million in projected capital costs (compared to all “A” alternatives). 0 The 494 - Kenilworth LRT alternative (Alt 2A) is projected to have a capital cost of approximately $670 million. 4) The least expensive alternative (in terms of both capital cost and capital cost per rider) is the LRT alternative that ends in Hopkins (Alt 4A). The projected ridership of this alternative is 16,500 and the projected capital cost is approximately $400 million. 5) The performance measure data for each alternative has yet to be provided. This includes cost effectiveness (incremental cost / incremental passenger) and operating efficiencies (operating cost / passenger mile). TAC Recommendations At the March 21St TAC meeting the data for each alternative was discussed and a recommendation on whether or not to retain each alternative for future study was voted on. The following is the summary of the recommendations made by the TAC: 1) Retain the following alternatives for Mer study 0 1A - LRT HCRRA - Kenilworth 0 2A - LRT 1-494 - Kenilworth 0 4A - LRT Hopkins WCRRA) - Kenilworth Southwest Rail Transit Study Update -3- March 27,2003 2) Do not retain for further study 1B - LRT HCRRA - Lyndale 0 2B - LRT 1-494 - Lyndale 0 3B - LRT TH 169 - Kenilworth 0 3B - LRT TH 169 - Lyndale 0 4B - LRT Hopkins (HCRRA) - Lyndale 5-DMUCPRail The rationale for eliminating the Lyndale alignments (All “By’ alignments) was based primarily upon the traffic, parking, visual, and community impacts as well as the additional $150 million in cost. The rationale for eliminating the TH 169 / 212 alignments (All “3” alignments) included the problems with operating a spur system and the additional $200 million in cost. The rationale for eliminating the DMU alternative included the added cost of the leasing / right- of-way, lack of a seamless connection in downtown Minneapolis, slower travel times, lower ridership, greater environmental impacts, and that the technology is unproven. Next Steps The following is a summary of the proposed schedule for completing the project: TAC reviews information and make recommendations (partially completed at March 21 TAC meeting). PAC reviews information and TAC recommendations (April gth PAC Meeting) Subsequent TAC and PAC meetings to review remaining information (mid to late April). Open Houses - likely to occur in mid May. These were previously slotted for late April. PAC reviews public feedback and makes recommendation on study (late May or early June). County presents information to City Councils. This could be done either at a Council meeting or at a workshop. We should start thinking about whether or not the Council would like a presentation and in what setting. At this point it is not expected that the County will ask for any action fiom the City Council. HCRRA Board action. This could include the following: 0 Accept study and PAC’s recommendations. 0 Whether or not to direct Hennepin County staff to take the next step in the process @IS>. .Summary of Results Year 2003 Dollars (millions) Year2010 Dollars (millions) Alternative Capital Cost Cost per Mile Capital Cost Cost per Mile 2020 Baseline Alternative $ 41.0 $ 2.3 $ 49.3 $ 2.8 1A: LRT on HCRRA - Kenilwrxth $ 493.9 $ 35.8 $ 595.1 $ 43.2 16: LRT on HCRRA - Lyndale AM? $ 614.0 $ 42.0 $ 739.9 $ 50.6 29% LRT on 1-494 - Kenilworll, $ 555.0 $ 39.9 $ 668.7 $ 48.0 2B: LRT on 1-494 - Lyndale Ave $ 675.1 $ 45.7 $ 813.5 $ 55.1 3A: LRT on TH 169 / TH 212 - Kenilworth $ 660.2 $ 46.8 $ 795.6 $ 56.4 3A: LRT on TH 169 / TH 212 - Lyndale Ave $ 780.4 $ 54.5 $ 940.4 $ 65.7 4A: LRT on HCRRA I Hopkins - Kenilworth’ $ 334.8 $ 43.1 $ 403.5 $ 52.0 4B: LRT on HCRRA I Hopkins - Lyndale Ave‘j $ 455.0 $ 52.9 $ 548.2 $ 63.7 5: DMU on CP Rail (excluding lease payments, estimated at $Imillion to $7 million per year) $ 452.0 $ 30.9 $ 544.7 $ 37.2 Peer City ’ LRT Capital Cost Comparison ‘*e following graph provides a comparison of the preliminary capital costs for the Southwest Corridor alternatives with peer cities around the country. Capital Cost per Mile (in millions) $120.0 $100.0 $80.0 $60.0 $40.0 $20.0 $- h) 0 0 0 rUI P PJ E gY -ii -w AW Pm ** UIP \ow UIP %% 99 A03 a” n 7, x Be I CITY COUNCIL AGENDA SECTION: Reports of Director Parks and Recreation Services DEPARTMENT/DMSION: Parks and Recreation Robert A. Lambert Director ITEM DESCRIPTION: Purgatory Creek Recreation Area Plan - Completion of Phase 11 ITEM NO: Requested Action Motion: Move to advertise for bids to complete Phase 11 improvements for the Purgatory Creek Recreation Area as detailed in plans dated March 27,2003. Synopsis On April 7, 2003, the Parks, Recreation and Natural Resources Commission approved the plans with the architecturally designed restrooms. The City has budgeted 1.2 million dollars of an original TIF project for the City’s portion of Phase 11 of the Purgatory Creek Recreation Area as a part of four million dollar joint project with the Riley-Purgatory-Bluff Creek Watershed District for water quality improvements. Staff estimates completing Phase I1 will cost approximately 1.2 million dollars. There will be additional costs for the City’s portion of the trail project, which will be a Watershed District project initiated later this year and completed in 2004. (The City will fund 50% of that project.) Funding sources for this project include the money set aside fi-om the original tax increment financing district, tree replacement and landscaping replacement funds, and park dedication fees. This park will serve as the recreation facility for the medium to high density residential projects that have been constructed (and are proposed to be constructed) within a half mile radius of this site, as well as a focal point for the urban core of our suburban community. Background The Planning Board reviewed and approved the park concept plan on July 9, 2001 and the City Council reviewed and approved the concept plan on December 18, 2001. Initial grading for this concept plan was completed in 2002. During the review process there were several comments made at both the Commission and Council level that requested the plan include a plaza and shelter that made the park usable at this time, and the hope that this park was not going to “rely on satellite toilets for day to day use of park.” Those facilities have been added to the original concept plan. 158 City Council Agenda 4/15/03 Purgatory Creek Recreation Area - Phase II Completion Page 2 The existing park plan proposes construction of a prefabricated park shelter that could’ be taken down and reused somewhere else in the park system ifthe City ever decides to utilize this site for a larger building use. The focal point of the park will be the park shelter, the surrounding plaza and flower gardens, and the trail system around the wetland complex that provides critical green space relief for Eden Prairie’s “downtown.” City staff anticipate heavy use of this site during noon hours by people wishing to enjoy the out of doors for a walk, jog, or simply a place to take a bag lunch and visit with fiiends. Staff also anticipate weekend and evening use by people that reside in the various apartments complexes that have been developed in the vicinity. The site will also be able to accommodate a variety of special events for the entire community. Staff anticipate funding the City’s portion of the trail system project through park dedication fees generated from the adjacent housing and commercial projects. The final phase of this project cannot be completed until the surcharge is completed that will allow development of the full access to Technology Drive across from the major access into the Southwest Station. Staff anticipates that may be delayed for approximately three years. he base for the trail system around the wetland complex will be placed this year, with the asphalt installed in 2004. It is anticipated that the storage basin will be dredged in the winter of 2003/2004 and the Jean Harris Memorial Bridge over the outlet to that basin would be placed in 2004 when the trail system is completed. Although staff would like to complete this project this year, the soil conditions require a staged approach. RAL:mdd CITY COUNCIL AGENDA SECTION: Director of Parks and Recreation ITEM DESCRIPTION: Request from the Eden Prairie Baseball Association to Share Costs for Field DATE: April 15,2003 ITEM NO: DEPARTMENT/DMSION: Parks and Recreation From: Stuart A. Fox, Manager of Parks & Natural Resources Through: Robert A. Lambert Director Improvements Requested Action Motion: Move to authorize improvements at eight of the City baseball fields at a cost share of 50% expenditure for the City and 50% expenditure for the Eden Prairie Baseball Association as per the request dated February 15,2003. Synopsis The Parks, Recreation and Natural Resources Commission reviewed this request at their April 7, 2003 meeting and approved the cost share proposal on a unanimous (9-0) vote. City staff has been meeting with the Board Members of the Eden Prairie Baseball Association since last fall to discuss improvements that they would like to have done at a variety of baseball fields throughout the City. Staff has prepared a list of the estimated costs to improve these baseball fields and have submitted it to the Baseball Association. The Association has indicated that they are willing to share in the costs for making these improvements in the amount of one half or 50% of the cost. There have been 13 fields that have been identified for improvement work. The staff is proposing to do the first eight fields at an estimated cost of $32,000. The Baseball Association has indicated that they would fund one half of this cost or $16,000 for the 2003 construction season. The Baseball Association has indicated that they are willing to partner with the City for the remaining improvements at the various baseball fields on an annual basis as needed to complete the proposed improvements. Background The City has partnered with several youth athletic associations over the years to make improvements to various athletic facilities within the City. Improvements such as side fences, irrigation projects, enlarged backstops, and building projects are only a few of the projects that have occurred in the past 20 years. Without the ability to partner with the various associations many of these field improvements would not have been done. The desire of the various associations to partner with the City has been one of mutual benefit; namely, the improvements are done so that the various associations can better utilize the fields and the City benefits from having only to spend a portion of the total expense to make these improvements. Attachments: Letter from Association SAF:mdd Cost Estimates March 3 1,2003 Mr. Bob Lambert Parks and Recreation Director City of Eden Prairie 8080 Mitchell Road .Eden Prairie, Mn 55344 Dear Bob, Pursuant to our meeting of February 12, the Eden Prairie Baseball Association (EPBA) proposes the enclosed field improvements. The improvements will be completed on a timetable and by construction companies of the City’s.choosing. The EPBA believes these improvements are necessary to bring these fields up to playable condition. The EPBA is willing to fund half of the cost of these improvements (approximately $16,000), contigent upon the City funding the other half. The EPBA is willing to fund its obligation immediately under this proposal at the City’s direction. Thank you for your consideration in this matter. Sincerely, Thomas Siering -- President Eden Prairie Baseball Association 16526 W. 78’St. #326 Eden Prairie, MN 55346 I Cost Estimates for Baseball Field Improvements Prepared by the EP Park Department Staff The Eden Prairie Baseball Association (EPBA) has requested baseball field improvements at several parks by “field priority” in the February 15, 2003 letter to Bob Lambert. The specific improvements that are being requested by the EPBA are listed by a letter following the field name i.e. Franlo “A” means concrete pads under the player benches. In the following list the bold italic indicates the improvements that the EPBA is requesting be done during the 2003 construction season. The actual cost for these improvements would be shared 50/50 between the City and EPBA. Note: There are several additional items listed for each facility however only the bold italic improvements are being considered for 2003. I. Franlo Baseball Field A. B. C. D. E. F. Concrete pads under players benches Cost = $s/, 000 - 8 feet x 30 feet x 4 inches thick Warning track needs additional aglime and turf edging done to it. The fence has areas that are bent and bowed in. The entire fence needs retying and a middle and bottom rail should be installed (fence length and height 550 feet x 6 feet high). Cost = $5,500 bottom and middle rail installed $250 new pieces of fabric installed $800 additional aglime hauled by city crews $875 heavy duty cap installed on top of home run fence $625 economy cap installed on top of home run fence If the backstop is going to be moved back it would require some additional grading along the left field line. A new backstop and wing fence would have to be installed. The new backstop and wing fences would be similar to Grills #2 Cost = $8,000 black vinyl Option 2 would be to leave the backstop in same location and repair it. There is some fabric that should be replaced and canopy needs repair. 6 feet x 20 feet x 9 gauge piece and 6 feet x 20 feet x 6gauge piece Cost = $600 New batting tunnel similar to Flying Cloud #I Cost = fr&e made in-house $2,000 materials, aglime base $1,000 materials, net $1,700, electrical power needed? Currently there is no electric service in park except for irrigation system. Bull pens could be constructed off to side by just building a mound and installing a pitcher plate and home plate Cost = $2,000 done in-house 2. Hidden Ponds A. B. Concrete pads under players benches Cost = $4,000 - 8 feet x 30 feet x 4 inches thick The extension of the backstop would be a netting and pole system similar to Flying Cloud #1 baseball field Cost = $3,000 There is come repair that needs to be done to the backstop in addition to the netting. Replace 6 feet x 20 feet x 6 gauge fabric and 6 feet x 20 feet x 9 gauge fabric behind home plate and retie other fencing cost = $800 New homerun fence and warning track (size 505 feet x 6 feet high) Cost = Warning Track $5,050 New chain link fence 6 feet high $14,140, black vinyl C. D. 3. Grills#2 A. B. Concrete pads under players benches Cost = $4,000 - 8 feet x 30 feet x 4 inches thick Tall netting along woods (30 feet high x 155 feet long) Cost = $6,200 Note: If this netting is installed, there would have to be about 20 trees and stwnps removed and some dirt leveling and seeding done along lSt base out of play line. . cost = $1,000 4. Miller Park#S A. Installing gates on the cages would require some changes in the location of the electrical outlets on some of the cages and redoing some of the fence. For equipment access it would be best to put the gates on the ends of the cages where possible. Cost = $1,500 each (8 feet x IO gate 10 feet wide) Paving surface of the batting cage would be done in-house Cost for materials = $2,000 Note: If thepaving were to be contracted it would be quite expensive because of the large amount of hand labor that would be involved. B. 5. Willow Park A. B. Concrete pads under players benches Cost = $3,000 - 7 feet x 25 feet x 4 inches thick 1 Backstop fence needs retying and some posts on backstop and Wing fences axe heaving out of the ground and need to be reset Cost = $600 I63 2 C. Extending the backstop higher would be done shilar to Flying Cloud #1 netting and post system Cost = $3,000 6. Preserve#l A. Concrete pads under players benches Cost = $4,000 - 9 feet x 30 feet x 4 inches thick Note: Players bench on Ist base side offield has to be moved awayfrom the wing fence before installing pads under benches Backstop needs new fabric behind home plate 6 feet x 20 feet x 9 gauge and six feet x 20 feet x 6 gauge and other fencing needs retying Remove and replace outfield snow fence (400 feet) Cost of posts and fence = $350 - installation done in-house B. C. 6. Preserve #2 A. Concrete pads under players benches Cost = $4,000 - 9 feet x 30 feet x 4 inches thick Note: Players bench on lSf base side offield has to be moved away from the wing fence before installing pads under benches Backstop needs new fabric behind home plate 6 feet x 20 feet x 9 gauge and six feet x 20 feet x 6 gauge and other fencing needs retying Remove and replace outfield snow fence (400 feet) Cost of posts and fence = $350 - installation done in-house B. C. 7. Eden Valley A. B. C. Concrete pads under players benches Cost = $4,000 - 8 feet x 30 feet x 4 inches thick Backstop and wing fences need some fabric replacement and retying, 6 feet x 20 feet x 9 gauge section of fabric Extension of the backstop higher and wider would require a new backstop 26 feet high and same width Cost = $9,000 block vinyl, galvanized would be less 8. Forest Hills #2 (east side) A. B. Concrete pads under players benches Cost = $3;400 - 8 feet x 30 feet lSt base side, 8 feet x 22 feet 3rd base side Need to replace lower piece of chain link on backstop and retie other fence Fabric size 8 feet x 30 feet x 9 gauge Cost = $500 Timber edging behind backstop needs to be replaced Cost = $500 C. I 64 3 D. E. Have extra three tier bleacher in stock for this field New snow fence and posts 380 feet Cost = $400 9. Prairie View #l and 2 A. B. Concrete pads under players benches Cost = $8,000 - 8 feet x 30 feet x 4 inches thick (pads on both fields) Some repair needs to be done on the backstops cost = $200 10. Eden Lake #l A. B. C. Concrete pads under players benches Cost = $4,000 - 8 feet x 30 feet x 4 inches thick Backstop and wing fences can be retied Cost = $500 Replace snow fence and post on outfield, 427 feet done in-house by work corrections crew Cost = new posts $100, snow fence $350 10. Eden Lake #2 A. B. Backstop and wing fence can be retied Cost = $300 Concrete pads under players benches Cost = $4,000 - 8 feet x 30 feet x 4 inches thick 10. Lake Eden #3 A. B. Backstop and wing fences can be retied cost = $200 Concrete pads under players benches Cost = $4,000 - 8 feet x 30 feet x 4 inches thick 11. Flying Cloud Fields 2-8 Note: Players benches on these fields are much smaller than the ones on all the other fields. If these benches are not sufficient, they should be switched over at this time. The ones the City installs are 16 feet long. A. Concrete pads under existing benches Cost = $3,000 per field - 7 feet x 26 feet x 4 inches thick B. Concrete pads under new players benches Cost = $4,500 per field - 8 feet x 32 feet x 4 inches thick I65 4 C. Fence on backstops and wing fences can be retied at a cost of about $100 per field material costs only; labor costs would be. extra if contracted. 12. OakPoint A. The Eden Prairie School District owns this property. Any improvements or changes will have to be coordinated with them. 13. Miller Park Fields 1,2, and 3 A. Adding batting cages to these fields would require additional electricity to be installed. Cost for additional electric approximately $2,000-$4,000 per field depending on where the power can come fiom Cost of batting cage =$4,500 each Constructing dugouts on these fields would require additional information to get pricing 1. Electrical? 2. Material? 3. Size? 4. Additional Storage . 5. Seating B. 5 February 15,2003 Mr. Bob Lambert Parks and Recreation Director City of Eden Prairie 8080 Mitchell Road Eden Prairie, Mu 55344 Dear Bob, Pursuant to our meeting of February 12, the Eden Prairie Baseball Association (EPBA) proposes the enclosed field improvements. The improvements will be completed on a timetable and by construction companies of the City's choosing. The EPBA believes these improvements are necessary to bring these fields up to playable condition. This proposal is predicated on the City paying half of the actual costs of the improvements, with the EPBA providing the other W. The EPBA is flexible as to the timing of these projects and would work under 1-5 year plans. The EPBA is willing to fund its obligation under this proposal at the City's direction. I. Thank you for your consideration in this matter. Sincerely, Thomas Siering President Eden Prairie Baseball Association 16526 W. 78& St. #326 Eden Pwey MN 55346 EFBA PROPOSAL TO THE CITY 2/24/2003 DES I RED PRIORITY FIELD WORK COST COMMENT 1 FRANLO A;D;PART E $5,600 AGLIME BASE ' 2 HIDDEN PONDS A;C $4,800 4 MILLER8 A;B $3,500 3 GRILL2 A $4,000 6 PRESERVE 1&2 A $8,000 THINK B SHOULD BE cirrs q~;*ld5 5 WILLOW. A $6,000 THINK B SHOULD BE CITY'S '39/9OS If 7 EDENVALLEY A $4,000 THINK 18 SHOULD BE CITY'S 8 FH -EAST SIDE a $3,400 THINK B,C,D SHOULD BE CITY'S 9 PV18K2 A $8,000 THINK 5 SHOULD BE CITY'S 10 EDEN LAKE 1-3 A $12,000 THINK FENCE WORK SHOULD BE CIWS 11 FC2-8 A $21,000 THINK C SHOULD BE CITY'S 12 OAKPOINT A $8,000 SCHOOL PAYS FOR WING FENCES 13 MILLER 1-3 DUGOUTS TBD TOTAL $88,300 .I CITY COUNCIL AGENDA SECTION: Reports of Director of Parks and Recreation DEPARTMENT/DMSION: Parks and Recreation From: Stuart A. Fox, Manager of Parks & Recreation Though: Robert A. Lambert ITEM DESCRIPTION: Construction of Entry Road and Parking Lot at Birch Island Woods Conservation Area Requested Action DATE: April 15,2003 ITEM NO: )ci-rr r.3, Motion: Move to authorize uff to proceed with the construction of the entry road and parking lot improvements at Birch Island Woods Conservation Area at an estimated cost of $50,000. Synopsis The Parks, Recreation and Natural Resources Commission reviewed this project at their April 7, 2003 meeting and approved the project on a unanimous vote (9-0) In May of 2002 a Citizen’s Task Force presented the Parks, Recreation and Natural Resources Commission with a management plan for the Birch Island Woods Conservation Area. A portion of that plan outlined the need to have an entry road and parking lot to make the area accessible to those living outside of the immediate area. The desired location for the parking lot entrance was off Indian Chief Road. Utilizing that information and the consulting services of HTPO, the staff has prepared a plan for the construction that amenity. The estimated cost for this project is $50,000; however, the staff is planning on utilizing City staff to do the majority of the construction and the final costs should be less than the current engineering estimate. Background The parking lot is one of the first development items that were listed by the task force in its final report. Additional improvements include improvement to soft surface trails, and management of several invasive and non native species within the Birch Island Woods Conservation Area. The Friends of Birch Island Woods are currently soliciting assistance with a buckthorn removal program that is scheduled to begin this fall. The parking lot will serve as a convenient entrance point for those who are out to enjoy the Birch Island Woods Conservation Area, as well as serve as a staging point for future work projects. Attachment: Map SAF:mdd BlW Conservation Area North + ___;tl_... .-........ .. ...... * i / t \ I/ CITY COUNCIL AGENDA SERVICE AREADIVISION: Parks and Recreation Robert A. Lambert Director 1 DATE: April 15,2003 ITEM DESCRIPTION: Recommend ITEM NO: Appointment of a Task Force to Consider and Decide a New Name for the Senior Center Facility SECTION: Director of Parks and Recreation I I I Requested Action Move to: Move to approve recommending the appointment of a Task Force to consider a possible new name for the Senior Center Facility. Move to: Move to approve the Charter Statement for the Senior Center Name Change Task Force Committee. Synopsis Since January of this year Staff has meet with adults at the Senior Center and the Senior Advisory Council to review the idea of renaming the Senior Center to best represent the programs and services offered at the facility. Throughout the conversations it was made apparent that a name change is desired for the facility. The reasoning for the name change is so that the facility is looked at by the community as a whole as being a worthy facility for the tax payer’s dollar and those adults, especially adults 55 and older, see the facility as having something for them. The name of the facility directly impacts the perception of the public knowing what is inside the doors. Right now the center is mostly viewed as a place for “old” people and that it has nothing to offer them as an individual or the community. Where as the facility has a lot to offer adults of all ages as well as our youth and community as a whole through our other recreation programs and our rental program. The task force would meet approximately four times from which they will recommend a new name for the facility to the Parks, Recreation & Natural Resources Commission on Monday July 7 and to the City Council on Tuesday, July 15. The task force main charter is to decide on a name for the facility that best represents the programs and services while being appealing to the community. In order to represent the community it is recommended that a task force of members from the following areas be recruited and appointed to serve on this short term task force. I73 City Council Agenda 4/15/03 Recommend Appointment of a Task Force to Consider and Decide a New Name for the Senior Center Page 2 Members: 2 members from the Senior Advisory Council 2 individuals 55 and older; non-active center individuals 1 individual from the Parks, Recreation & Natural Resources Commission 1 individual from the Arts & Cultural Commission 1 individual from the Historic Preservation Commission 4 members at large from the community 1 stafTfi-om the Eden Prairie Community Center 1 staff fi-om the current Senior Center facility - also acting as staff liaison Background Wednesday, April 2 the Senior Advisory Council met and reviewed the idea of renaming the facility to be more appealing to the 55 and older customers of the programs and services offered at and through the facility. The advisory council was in full favor of considering changing the name and recommending that individuals from the council, community at large, and non-active adult and senior program participants, ages 55 and older be appointed to the task force. The facility is currently available to use approximately 122 hour a week of which the adult and senior programs currently use 40 hours of that time with a goal of increasing that to 50% of the time, 56 hours per week. The remaining 50 % of the time available is currently being planned to be utilized by other recreational programs, rentals, and additional adult programs. In 1987 the facility took oq the name of Eden Prairie Senior Center, prior to that the facility was the Eden Prairie City Hall. TM:tm TASK FORCE CHARTER STATEMENT Senior Center Facility Name Change Purpose Statement: Determine and recommend to the Parks, Recreation and Natural Resources Commission and the City Council a new name for the facility, that represents the programs and services offered at the current Senior Center hcility. Roles & Responsibilities: Task force responsibilities A. Determine a new name for the facility that represents the programs and services offered at the facility. B. The task force should review all possible ideas for a new name and prioritize the recommended name@). C, The task force will be responsible for recommending to the City Council which name to pursue for the facility. D. Provide a written recommendation to the City Council no later than July 10,2003. E. Develop a promotional plant to include the community in recommending names to be considered. Staff Responsibilities: A. B. C. D. Recommend a process for collecting ideas and reviewing and prioritizing recommendations. Provide, if any, cost estimates on the name that is recommended by the Task Force. Develop agenda and provide support materials. Draft the written recommendation to the City Council as supported by the Task Force. , Membership: 0 Citizens at large that volunteer to serve on the Task Force Volunteers from the Community Service Organizations Volunteers from the community representing the 55 and older age group Volunteers from the Adult & Senior Advisory Council Member of the Parks & Recreation Natural Resources Commission Member of the Arts & Cultural Commission Member of the Historic Preservation Commission Staff Liaison: Tria Manu, Arts & Senior Coordinator Recording Secretary: Duration: May 2003 - July 2003 (estimate no more than four to five meetings) First Meeting: May 6,2003; 3:OO p.m. at the Senior Center, Room 201 CITY COUNCIL AGENDA SECTION: Director of Public Works DEPARTMENT AREADMSION: ITEM DESCRIPTION: I.C. 98-5471 Engineering Department Rodney W. Rue Award Contract for Hillcrest/Alpine Area Street and Storm Sewer Improvements DATE: April 15,2003 1 ITEMNO.: Requested Action Move to: Adopt Resolution awarding contract for I.C. 98-5471, HillcresUAlpine Area Street and Stom Sewer Improvements to S.M. Hentges and Sons. Synopsis Six bids were received for this project on March 6,2003. The lowest bid from S.M. Hentges and Sons was $1,261,957.46, which is 21% below the Engineer's Estimate of $1,590,316.00. The bid is also 11% below the Feasibility Study Estimate of $1,414,000.00. The resultant assessment per unit is $5,936.00, which is $1,114 less than.the estimated unit assessment as defined in the Feasibility Study. 1, Background Information The Hillcrest/Alpine Neighborhood petitioned for these improvements in 1998. Through this petition process, the City established a policy regarding street re-construction projects where concrete curb and gutter was non-existent. We have held several neighborhood meetings to get to this stage of the project. Attachments HTPO's Recommendation Letter CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. RESOLUTION ACCEPTING BID HILLCREST/ALPINE AREA STREET AND STORM SEWER IMPROVEMENTS I.C. 98-5471 WHEREAS, pursuant to an advertisement for bids for the following improvement: I.C. 98-5471: Hillcrest/Alpine Area Street and Storm Sewer Improvements 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 S.M. Hentges and Sons 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 S.M. Hentges and Sons in the name of the City of Eden Prairie in the amount of $1,261,957.46 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 April 15,2003. ATTEST: Kathleen A. Porta, City Clerk, City Clerk Nancy Tyra-Lukens, Mayor SEAL I77 I Engineering Surveying Landscape Architecture ?a April 7,2003 Alan Gray City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Re: Construction Bids for Hillcrest/Alpine Street Reconstruction I.C. 98-5471 DearMr. Gray: Bids were received and opened at 1O:OO a.m. on Thursday March 6,2003, for the above referenced project. The bids afe show on the attached .Summary of Bids. The Engineer's Estimate was $1,590,3.16.00. The low bidder, S.M. Hentges & Sons, Inc. came in 21% below the Engineer's Esthate at $1,261,957.46 ' The recommendation is made that'the City Councg award Improvement Contract 98-5471 to S.M. Hentges & Sons, Inc. for the bid amount of $1,261,957.46. This recommendation considers that the City Council reserves the right to waive minor irregularities and hrther reserves the right to award the contract in the best interests of the City. Respectfdly, HANSEN THORP PELLINEN OLSON, INC. r"7 Laurie A. Johnion, P.E. Principal 751 0 Market Place Drive Eden Prairie, MN 55344 952-829-7806 fax 952-829-0700 LAJ: ks enclosures SUMMARY OF BIDS City of Eden Prairie I.C. 98-5471 DESCRIPTION: Hillcrest/Alphe Street Reconstruction BIDS OPENED: March 6.2003 CONSULTING ENGINEER: Hansen Thorp Pellinen Olson Inc. CHECKED BY: Hansen Thorp Pellinen Olson Inc. BIDDER BID SECWTY TOTAL BID S.M. Hentges & Sons, Inc. Hardrives, Inc. Park Construction Midwest Asphalt Valley Paving Bituminous Roadways Yes Yes Yes Yes Yes Yes The undersigned recommend award of Contract to: $1,261,957.46 $1,332,997.00 . $1,342,808.00 $1,344,922.70 $1,363,036.29 $1,487,663 SO S.M. Hentges & Sons, Inc. as the lowest responsible bidder .for this Improvement Contract. L?. ~T!!??LA& Consulting Edineer Alan D. Gray, P.E. City Engineer